RES 97-45 HEARING FOR A PETITION TO VACATE A PORTION OF UNNAMED ROAD OFF BAKER HILL RDRESOLUTION NO. 9745
A RESOLUTION of the City Council of the City of Bainbridge Island, Washington,
amending Resolution No. 97-38, to correct the date for a Public Hearing on a petition
to vacate a portion of an unnamed mad off Baker Hill Road NE, a public Right-Of-Way,
pursuant to abutting property owners' petition therefore, and providing for the publication
and mailing to property owners of notice of the hearing.
WHEREAS, a complete petition was filed with the City Clerk on November 5, 1997, for vacation
of a portion of unnamed road off Baker Hill Road NE, a public Right-Of-Way (ROW); and
WHEREAS, the Public Works Department has certified the petition to be sufficient in accordance
with State lave, and
WHEREAS, Resolution No. 9%38, is amended to schedule the Public Hearing for the vacation
of a portion of an unnamed road off Baker Hill Road NE, a public right-of-way, on Monday, January 26,
1998, at 4:30 PM, local time, in the City ltall Conference Room located at 625 Winslow Way E.,
Bainbridge Island, Washington; and
WHEREAS, the Public Works Committee meeting of January 19, 1998, is canceled and has been
replaced by the January 26, 1998, meeting.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
BAINBRIDGE ISLAND, WASHINGTON, as follows:
Section 1. The Public Hearing on the petition to vacate a portion of an unnamed road off Baker
Hill Road NE, as described in the attached abutting property owners' petition, on file with the City of
Bainbridge Island, will be held before the Public works Committee on Monday, January 26, 1998, at 4:30
PM, local time, in the City Hall Conference Room located at 625 Winslow Way E., Bainbridge Island,
Washington.
Section 2. In accordance with RCW 35.79.020, the City Clerk is directed to cause notice of the
Public Hearing to be given within twenty days, by written notice posted in three of the most public places
in the City and a like notice in a conspicuous place on the street or alley to be vacated.
PASSED by the City Council this 18a~ day of December, 1998.
APPROVED by the Mayor this 194 day of December, 1997.
DWIGHT SU ITON, May6r
ATrEST/AUTHENTICATE:
SUSAN P. KASPER, City Clerk
FILED WITH THE CITY CLERK: December 16, 1997
PASSED BY THE CITY COUNCIL: December 18, 1997
RESOLUTION NO. 97-45
I, SUSAN P. KASPER, City Clerk of the City of Bainbrid§e Island, Washington, certify that the
attached copy of Resolution No. 97-45, is a true and correct copy of the original resolution passed on the
184 day of December, 1997, as such resolution appears on the Minutes Book of the City.
DATED this 194 day of December, 1997.
SUSAN P. KASPER, City Clerk
City of Bainbridge Island
Certification of Sufficiency of Petition
PETITION FOR VACATION OF:
UNNAMED ROAD - North of Tangleberry Lane off Baker Hill Road
Front
Tax Lot # Ownership of Record Footage
Petition
Signed ?
% Signing
4152-000-029-0005 Koempel, Herman & Debra Bri
4152-000-028-0303 Radegaugh, Mark & Elisabeth
4152-000-028-0204 Metz, James & Gloria
4152-000-028-0006' Greenawait, Jonathan
632.65
114.00
226.57
292.04
Yes
Yes
Yes
Yes
50.00%
9.01%
17.91%
23.08%
Totals: 1,265.26 100.00%
Total Required for Sufficiency:
(RCW 35.79.010)
66.67%
Difference ....
33.33%
I cet-/-ify to the best of my knowledge that this petition is sufficient.
Public Works
D~te
Hecker\ROWVAC\unnamedrd
Herman L. Koempel
Debra H. Brinley-Koempel
6910 N.E. Baker Hill
Bainbridge Island, WA 98110
(206)842-8915 Phone & Fax .
RECEIVED
OC'l' 1 5 '1997
PW'/ENG
October 14, 1997
Mr. Bill Bryan
Director of Public Works
City of Bainbrige Island
Re:
Petition for the Vacation ofa'Public Right of Way
North of Tangleberry Lane on Baker Hill Road
Dear Mr. Bryan:
Attached is our petition to vacate a portion of a fight of way abutting our property located at
· 6910 N.E. Baker Hill Road. It is our desire to vacate only a small portion or strip of the currein
abutting fight of way and then provide an easement back to the city. By vacating this requested
small amount, we could include this amount in our density requirement (currently zoned R0.4),
which is needed to short plat our lot into two lots. The surrounding properties are less than 1.25
acres, as they were short plated when zoning for lots half the current size were allowed.
Per Andy Maron, the acting mayor, the fight of way in question, just to the west ofour'lot, has
been previously discussed between Mr. Maron, yourself, and Jeff Jenson in the Engineering
Department. We have previously had a discussion with Ms. Warren, the Director of Planning and
Community Development, who has already given guidance and approval for this partial vacation.
It is our hope that this vacation can be accomplished.
Thank you for your help and consideration.
LETTER OF INTENT
PETITIONERS:
HERMAN L. KOEMPEL
DEBRA H. BRINLEY-KOEMPEL
The above petitioners are requesting a vacation of a very small portion of the Right Of Way that
is adjacent to and west of our property located at 6910 N.E. Baker Hill-Road. We are the major
party (98.8%) with property abutting the part of the Right of Way to be vacated. As shown on
the attached survey, the City of Bainbridge Island has a Right Of Way that is 40 feet wide with an
additional 10 foot strip that is owned by Kitsap County. The total amount of city/county owned
land is therefore 50' wide, and 632.65 feet in depth. We are requesting a vacation of only a small
strip of this Right Of Way, the eastern few feet that is immediately adjacent to our property, in.
the amount 7.5 feet, for its total length of 632.65 feet. In return, we would grant back to the city
an easement of the same property for any future utilities and services.
This Right Of Way dead ends at its northern edge against private property, upon which the
continuing Right Of Way was previously vacated (see survey attached). The Right Of Way is
not used as access to this northern property, and could not be used without damage to the current
wet lands and very steep terrain located in the Right Of Way. The approximate northern 1/3 of
this Right Of Way includes wetlands meeting Category II criteria for wetland area. This is
included in a Certified Wetland Delineation Report completed on November 10, 1994 by
W'dtermood Associates, Inc. A copy is on file in the planning and engineering departments. ALso
included within this portion of the Right Of Way are very steep.slopes that are up to 90% grade
in places.
Due to the above mentioned terrain limitations, the Right Of Way's ability to be used as an access
road to the property to the north is very questionable, and the construction of a road or
development of this Right Of Way would permanently damage the sensitive nature of the native
habitat and surrounding slope. As previously mentioned, the land to the north of this Right Of
Way, has already vacated its Right Of Ways. Access to this property can currently be
accomplished through already established roads that lie to the east and west, with other additional
possible accesses to the norttz
We request the vacation of only a partial amount, the easternmost 7.5 feet totaling 4,745 sq. feet,
in order to add this amount to our total lot area. Currently, our total lot area is 195,262 sq. feet,
just short of a five acre lot. With the addition of this vacated amount, our total lot area would
then be 200,007 sq. feet. This latter amount of 200,007 sq. feet is necessary in order to allow us
to short plat our one lot into two lots of 100,000 sq. feet, as allowed under current zoning/density
laws on the island, which in this area is zoned R0.4. To short plat this piece of land, the area
must be at least 100,000 after short plating. The current lot is surrounded on three sides with lots
that are 1.25 acres (approximately 50,000 sq. fl.) or less, which were short plated when lot sizes
of half the current size were allowed.
Page of
I'ETmON FOR T]tE VACATION OF A
PLrBLIC RIGI~r OF WAY
FOR
TO: City of Bainbridge Islan& City Council, c/o City Clerk, 625 Winslow Way E., Bainbridge Island, Wa 98110.
We, the undersigned, being the owners according to the records of the Kitsap County Auditor's office of the property
described in Exhibit A (legal description and map) attached; and by this refenmce incorporated herein, petition the City
Council of the City of Bainbridge Island, Washinvton ("City"), to vacate the above mentioned road vaea6on for
Attachments shall include: Le~_ ?,' of Intent stating why there is no public benefit to the existing right-of-way and
· stating the spedtic reason for the vacation request~ per RCW 35.79,010. The petitioner shall have a survey made and
provide a legal description of the propert~ proposed to be vacated, along with a vidnity map showing the general area
of the proposed vacation, and a plat map prepared and sealed by a Professional I. axnd Surveyor, registered in the State
of Washington, indicating the specific pareels affected. See Ordinance No. 91-30 - 12.34.050.
This petition may consist of more than one page and each signer consents to the filing of other pages to be considered as
a part y of a singIe petition.
- - WARNING - -
Every person who signs this petition with any other than his true name, or who knowingly signs more than one of these
petitions, or signs a petition seeking election when he is not a legal voter,or signs a petition when he is othemvise not
qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. (Reft. RCW 35A.01.040)
Each signature slmll be executed in ink or indelible pencil and shall indicate the date of signing and the address of the
signer.
PETITIONERS SIGNATURES
Petitioner's Representative
NameJAddressfPhone #
1
2
3
PRI2qTEDCrYPED
DATE NAME SIGNATURE
ADDRESS PARCKI.
AND LEGAL DESCRIP.
)
I0/30/1997 07:18 FROM 8RINLEV-KOEMPEL TO 160~4227~41 ' P.05
rISTITIONERS
SIGNATURES
Noo
7
8
9
15
17
20
27
~9
-- WARNING--
TOTIlL P.
MARC R. ADAM, L.S.
JAMES R. GOLDSWORTHY, L.S.
CANDYCE J. KORSMO
ADAm & GOLDSWORTHY~ INC.
LAND SURVEYORS
19062 HWY 305 N., #105
POULSBO, WA 98370
(360) 779-4299 · (206) 842-9598
FAX (360) 779-4213
October 8, 1997
KOEMPEL - JOB NO. 97-1752
RIGHT OF WAY TO BE VACATED
The East 7.50 feet of that portion of the unnamed right of way lying adjacent to
the West line of Tract 29 of The Herrin & Rhodes Tracts as recorded in Volume 3, Page
111 of Plats, records of Kitsap County, Washington, and situate in the Southwest quarter
of Section 33, Township 25 North, Range 2 East, W.M., City of Bainbridge Island, Kitsap
County, Washington.
-7
Pre~fously vacated
right of way (hatched)
~ Parcel to be vacated
~Praposed new right of way
20'
I
.......... ~ ~ '~ ~'~ £9
lO' $tri~ owned b; Kitsap
Court ty
Plotted right of way
1.314.38'
N 88'J8'58" w
305. 59'
316.09'
N 88'$8'58' W
I
I
1314.,58'
2628. 76'
NE Baker Hill Road
CITY OF BAINBRIDGE ISLAND
PUBLIC WORK3