ORD 95-11 VACATION OF ALDER STREET KITSAP COUNTY
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FILED-BY: CITY OF BAINBRIDGE ISLAND
JUN t2, t~/95, iO:l~ ~
KAREN FLYNN, AUDITOR
CLERK: BEVANS
A= F. #: 9506120042
ORDINANCE NO. 9S-I 1
AN ORDINANCE of the City of Bainbridge Island, Wash ington vacation
that portion of Alder Street abutting Tax Lot No. 4186-001-006-0000,
Tax Lot No. 4186-001-007-0009, Tax Lot No. 4186-001-008-0008, Tax
Lot No. 4186-001-009-0007, and Tax Lot No. 4186-002-001-0002.
WHEREAS, Edward Rollins, the owner of Tax Lot No. 4186-001-006-0000, Tax Lot No. 4186-
001-007-0009, Tax Lot No. 4186-001-008-0008, and Tax Lot No. 4186-001-009-0007, and Dwight and
Edith Sutton, the owners of Tax Lot No. 4186-002-001-0002, filed a petition with the City Council to
vacate that portion of Alder Street abutting such real property; and
WHEREAS, the City Council fixed a public hearing on the petition before the Public Works
Committee on July 6, 1993, at 5:30 p.m.; and
RE'jEL 0863 FR 2011
WHEREAS, the Committee held the hearing at the scheduled time, following the hearing,
submitted to the City Council proposed Ordinance 93-36 vacating the public right-of-way, and
WHEREAS, Edward Rollins and the Sutton's 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 I. That portion of Alder Street abutting Tax Lot No. 4186.001.006.0000, Tax Lot
No. 4186-001-007-0009, Tax Lot No. 4186-001-008-0008, Tax Lot No. 4186-001-009-0007, and Tax
Lot No. 4186-002-001-0002, is vacated to Dwight and Edith Sutton, the owners of Tax Lot No. 4186-
002%00!.0002, subject to retention of the right. of the City of Bainbtidge 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 it's passage, approval,
publication, and posting as required by law.
Section 3. Ordinance 93-36, which was never approved, is hereby replaced in its entirety by this
Ordinance 95-11.
PASSED by the City Council this 1st day of June , 1995.
APPROVED by the Mayor this 2ridday of June , 1995.
Janet K. West, Mayor
ATTEST/AUTHENTICATE:
Su n~ C~l~k/~~
APPROVED AS TO FORM:
A = F, :M: ,' 950612[104-2
REEL 0863 FR 21:)12
Rod P. Kaseguma, City Attorney
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL: June
PUBLICATION: June 7, 1995
EFFECTIVE DATE: June 12, 1995
ORDINANCE NO.: 95-11
1, 1995
A.F,#: 9506120042
REEL 0863 FR 2013
AUDITORS NOTE
LEGIBILiTy FOR RECORDING AND COPYING
UNSATISFACTORy tN A PORTION OF THIS
INSTRUMENT WHEN RECEIVED.
_TN
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Description for a portion of Alder Street Right-of-Way Vacation
That portion of Section 35, Township 25 North, Range 2 -Fast, W.M., Kitsap County.
Washington, described as follows:
Beginning at the Southwest corner of said Section 35; the, tin south 88 °49 '50 · East
1992.00 feet; thence North 1 ° 10' I0' East 682.50 feet to the True Point of Beginning: theace
continuing Nottit 1 ° 10' 10' East 366.03 feet along the East right-of-way of that portion of Adder
Street proposed for vacation to the present Northerly terminus of said portion of Alder Streeq
thence Nortit 88°49'50" West 60.00 feet along said Norflmdy terminus; thence South 1° 10' 10'
West 366.03 feet along the West dght4f-way of said portion of Alder Street- thence South
CITY COUNCIL AGENDA BILL
PUBLIC WORKS DEPARTMENT
Subject:
Agenda Item:
Fund Source: NA
Expenditure Req. - NET
Wash. State Sales - TAX
TOTAL EXPENDITURE
ALDER STREET ROW VACATION
ORDINANCE 95-11, 3rd Reading.
$-0-
$-o-
$-o-
$
Date:
Bill No.
Amount Budgeted $-0-
Less Encumbered/Spent $-0-
Less this Req. S-o-
Balance S-o-
Attachments: Ord 95-11 w/Appraisal dated March 1. 1995.
06-01-95
SUMMARY STATEMENT
The Council approved a scheduled Public Hearing before the Public Works Committee (PWC) on 07-06-
93 to vacate certain public ROW as shown on the attached documents. The PWC held the Public Hearing
and recommended the public ROW be vacated which allowed the petitioners to obtain the required
appraisal. The City rejected the petitioner's appraisal and obtained a second appraisal, which is the basis
for this action. The petitioners have paid the appraised amount.
RECOMMENDATION
APPROVE Ord 95-11, 3rd Reading.
Approved:
Susan P. Kasper - City Clerk
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Description for a portion of Alder Street Right-of-Way Vacation
That portion of Section 35, Township 25 North, Range 2 East, W.M., Kitsap County,
Washington, described as follows:
Beginning at the Southwest corner of said Section 35; thence South 88*49'50' East
1992.00 feet; thence North 1 ° 10' 10' East 682.50 feet to the True Point of Beginning; thence
continuing North 1 ° 10' 10' East 366.03 feet along the East right-of-way of that portion of Alder
Street proposed for vacation to the present Northerly terminus of said portion of Alder Street;
thence North 88°49'50" West 60.00 feet along said Northerly terminus; thence South t * 10'
West 366.03 feet along the West right-of-way of said portion of Alder Street; thence South
88 °49'50" ~East 60.00 feet to the True Point of Beginning and the terminus.
Ci~ o~ Ba~bd~ge lsl~
625 W~low Way ~t
Bahbridge Isl~d, WA 98110
RE: Taylor Avenue Street Vacation, City of Bahbridge Island, Washington
Dear Mr. Bryan:
Thi.~ letter supplements my appraisal of February 12, 1995, on the above-referenced property.
Pursuant to the Washington AdminkLtative Code, Chapter 35.79, concerning Streets-
Vacation, and further elaborated in the City of Bainb~dge Island's Municipal Code, Chapter
12.34, amended by Ordinance No. 94-32, the parcel to be vacated must be offered to the
abutting property owners. Under the term.~ of the ordinance, they are to pay one-half of the
appraised value of the area to be vacated and any costs associated with the physical closure
of the road and any repairs required in thi.~'procesS.- If the area to be vacated, however, was
acquired at public expense, the abutting owners must pay the full appraised value.
My appraisal estimated two values: 1) the value to the abutting property owner on the west
and north, and 2) the valu~ On the open market to a member of the general public. My
analysis of the ftrst value found that only the ownership of the parcels abutting the subject
parcel on the west and north would benefit from acquiring the entire property to be vacated.
Indeed, the abu~ng property owner to the east would have litfie ff no incentive to acquire the
subject, since its acquisition does not enhance hi.~ potential density nor does it provide
significant side yard. This last is true because the subject property is situated across the
creek from the usable area of the three parcels abutting the subject to the east, all under the
same owne.rship. The second value is predicated on the notion that a breed of speculators
exists in the market place that acquire property for the sake of acquiring it, and not for any
particular purpose. Their idea is to hold the property until there is a market for it, at which
time the speculator may reali~,e a significant return on hi.~ original investment. ARer reading
the appropriate city ordinances, I am persuaded that the first value is the appropriate value
for your purposes, and I assume that the abutting owners have petitioned the city for the
street vacation.
Consequently, under the terms of the ordinance, half of the Market Value of the property to
be vacated must be allocated to each of the abutting property owners. (The street was platted
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Richard(C ssociates
in the early 1900s and was not acquired at public expense). Therefore, the value of the
pr6perty to be vacated is allocated as follows:
21,962 sf +2 x $0.665/sf = $7,302 + 2 = $3,651 to each abutting ownership
In conclusion, owners of the abutting properties (Sutton and Rollin.9 are each responsible for
$3,650. rounded, to successfully conclude the street vacation as spelled out in the municipal
ordlna~ee.
If you should need further clari~cation regarding this appraisal or have any additional
.querdons, please contact me at your earliest convenience.
Sincerely,