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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Bainbridge Island, Washington; and WHEREAS, the Public Works Committee meeting of January 19, 1998, is canceled and has been replaced by the January 26, 1998, meeting.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