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ORD 93-26 VACATING PORTION OF CASCADE WAYTSAP F UN" Le "`r K •` FILL MY.' BAINBRIDGE TSL r 41) C I "Y 1F ORDINANCE NO. 93- 26 AN ORDINANCE of the City of Bainbridge Island, Washington, vacating that portion of Cascade Way (Alley) abutting lots 172,173 and 180 of the Bainbridge Shore Replat- apor�of I,�ot.4 oil the Plat of Hiyu Landing. KAREN FLYNN: AUDITOR WHEREAS, Michael R. and Ann C. Decker, the owners of Lots 172, 173 and 180 of Bainbridge Shore Replat (8766 Woodbank Drive N.E.) filed a petition with the City Council to vacate that portion of Cascade Way (Alley) abuttingsuch lots and Lot 4 of the Plat of Hiyu Landing; and LERK; VENESKY A m F a * .- 9309090040 WHEREAS, by Resolution No. 92-02 adopted on January 2, 1992, the City Council fixed a public hearing on the petition before the Public Works Committee on January 27, 1992, at 7:00 p.m.; and REED. 0-74.5 ER C39-77 WHEREAS, the Committee held the hearing at the scheduled time and, following the hearing, submitted its report and recommendation to the City Council; and WHEREAS, the Deckers and Matthew and Elizabeth Maude, the other abutting owners, have complied with the provisions of Chapter 12.34 of the Municipal Code, including payment of the full appraised value of the right-of-way to be vacated; and WHEREAS, the City Council desires to vacate the right-of-way; now, therefore THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That portion of Cascade Way (Alley) abutting lots 173 and 180 of Bainbridge Shore Replat, volume 4 of plats, page 104, records of Kitsap County, Washington, is vacated to Michael R. and Ann C. Decker, the owners of such abutting lots, and that portion of Cascade Way (Alley) abutting lot 172 of Bainbridge Shore Replat, volume 4 of plats, page 104, records of Kitsap County, Washington, and a portion of Lot 4, Plat of Hiyu Landing, volume 21 of plats, page 135, records of Kitsap County, Washington, is vacated one-half each to Michael R. and Ann C. Decker and to Matthew and Elizabeth Maude, the owners of such abutting lots, subject to retention of the right of the City of Bainbridge Island to exercise and grant easements for the construction, repair and maintenance of public utilities and services. Section 2. This Ordinance shall be effective five (5) days from and after is passage, approval, publication, and posting as required by law. PASSED by the City Council this 15thday of Jul IL&IJ APPROVED by the Mayor this 15t4ay of July , 1993. Sam J. nato, Mayor F:\DMS\RPK\0035156.01 06/01/93 - 1 - ATTEST/AUTHENTICATE: r APPROVED AS TO FORM: Rod P. Kaseguma, City Attorney FILED WITH THE CITY CLERK: June 2, 1993 PASSED BY THE CITY COUNCIL: July 15, 1993 PUBLISHED: August 4, 1993 POSTED: August 4, 1993 EFFECTIVE DATE: August 11, 1993 ORDINANCE NO.: 93-26 A _ E s * _ 9309090040 REEL.. 0745 FR 0978 F:\DMS\RPK\0035156.01 06/01/93 - 2 -