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ORD 99-15 VACATING A PORTION OF AGATE PASS ROAD NE;y Return To: Susan P. Kasper 3165680 City of Bainbridge Island Page ~ 1 of 4 Bainbridge Is., WA 98110 031251199901 ~ 24P BAINBRIDGE ISLAND CITY ORO X11.00 Kitsap Co, uA ORDINANCE N0.99-15 AN ORDINANCE of the City of Bainbridge Island, Washington, vacating a portion of Agate Pass Road NE. WHEREAS, a petition to vacate a portion of the right-of--way known as Agate Pass Road NE, was filed with the City, which petition was subsequently modified to alter the. portion of Agate Pass Road requested to be vacated; and WHEREAS, Steven Easton is the owner of Tax Parcel No. 4131-000-001-0003, which is the sole property abutting on the portion of Agate Pass Road requested to be vacated; and WHEREAS, on November 20, 1997, the City Council adopted Resolution No.97-37, setting a public hearing before the Public Works Committee on the proposed right-of--way vacation for December 22, 1997; and WHEREAS, on December 22, 1997, the Public Works Committee held a public hearing on the issue of whether the City should vacate the portion of the right-of--way known as Agate Pass Road NE. legally described on the attached Exhibit A, incorporated herein by this reference; and WHEREAS, the Public Works Committee has recommended that the portion of Agate Pass Road NE legally described on Exhibit A, should be vacated; and WHEREAS, the City Council determined that it is in the best interests of the public health, safety and welfare to vacate the portion of Agate Pass Road NE, legally described on Exhibit A; and WHEREAS, pursuant to BIMC 12.34.130 and 12.34.150, Steven Easton has paid the City the required compensation for the property to be vacated; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DO ORDAIN as follows: Section 1. The portion of the right-of--way known as Agate Pass Road NE, legally described on Exhibit A, is vacated to Steven Easton, the owner of Tax Parcel No. 4131-000-001-0003 (the real property abutting said portion of Agate Pass Road NE), subject to retention by the City of Bainbridge Island of the right to exercise and grant easements for the construction, repair, and maintenance of public utilities and facilities. Section 2. The City Clerk is authorized and directed to record a certified copy of this ordinance with the Kitsap County Auditor's office. Section 3. This ordinance shall be effective five days after its passage, approval, and publication as required by law. PASSED by the City Council this 18t:h day of March , 1999. APPROVED by the Mayor this 19th day of March , 1999. x D GH SUTTON, Mayor ATTEST/AUTHENTICATE: ~~ SUSAN P. KASPER, City Clerk APPROVED AS TO FORM: ROD P. KASEGUMA, City Attorney FILED WITH THE CITY CLERK: March 10, 1999 PASSED BY THE CITY COUNCIL: March 18, 1999 PUBLISHED: March 24, 1999 EFFECTIVE DATE: March 29, 1999 ORDINANCE NO. 99-15 3165680 03g2511g9901~~4P BAINBRIDGE I5LAND CITY DRD 311.00 Kits~p Co, WR Rrte.vr,d; 6; t2/9d; tU:+Sau• 12S 675 7720 •> Ba:nor~age Island; ~~ Oti%1.%93 lU:~~ F.~1Y ~~~ 6J5 ii:U I\SLEE BEST 90 EXHIBIT A Legal DescriFtion of Portion of Agate Pass Road N E to he Vacated ~ UUJ%UOa The cast 15 feet of Aoatc Pass Road N.E. abutting the north 142.03 feet of the west lot line of Tax Pai'ce14131-000-OOI-0003. - - 3165680 Page 3 of 4 03r251199901~B4P BAIMBRIDGE ISLAND CITY ORD X11.00 Kitsap Co, WR -~- B I .~D~l I Y Docs~,9a7ootlo~tolss6~a.o1 - 3 - .:- CERTIFICATION I, SUSAN P. KASPER, the duly appointed City Clerk of the City of Bainbridge Island, Washington, do hereby certify that the attached is a true and correct copy of Ordinance No. 99-15, as it appears in the official minute book of the City of Bainbridge Island. DATED this 23rd day of March, 1999. USAN P. KASPER, City Clerk 3165680 Page ~ 4 of 4 031251199901~24P BAINBRIDGE ISLAND CITY 4RD $11.00 Kitsap Co, WA