RES 97-38 PUBLIC HEARING FOR VACATION OF PORTION OF UNNAMED RD OFF BAKER HILL ROAD NERESOLUTION NO. 97-38
A RESOLUTION of the City Council of the City of Bainbridge
Island, Washington, setting a date and time for a Public
Hearing on petition to vacate a portion of an unnamed road
off Baker Hill Road NE, a public Right-Of-Way, pursuant to
abutting property owners' petition therefor, 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 law, and
WHEREAS, the City Council is required to set a date and time for the holding of a public
hearing on the petition.
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 19, 1998 at 4:30 PM, local time, in the City Hall
Conference Room at 625 Winslow Way East, 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 sought to be vacated.
PASSED by the City Council this __
APPROVED by the Mayor this __
A'FI'EST/A UTH E NTICATE:
erk
APPROVED AS TO FORM:
4th day of December , 1997.
4th day of December , 1997.
City Attorney
File - wab\agenda\Tangleberry. ROW.vac 11/25/97
I, Susan Kasper, City Clerk of the City of Bainbridge Island, Washington, certify that
the attached copy of Resolution No. 97-38 is a true and correct copy of the original
resolution passed on the 4tb day of December , 1997, as such resolution appears
on the Minute Book of the City.
DATED this 8th day of December , 1997.
File - wabXagenda\Tangleberry. ROW.vac
I 1/25/97
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 o! Record Footage
Petition
Signed ?
% Signing
4152-000-029-0005
4152-000-028-0303
4152-000-028-0204
4152-000-028-0006
Koempel, Herman & Debra Bri
Radegaugh, Mark & Elisabeth
Metz, James & Gloria
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 certify to the best of my knowledge that this petition is sufficient.
William A. Bryan~PE,~tor of
Public Works
i/.-,¢-e7
Dale
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
OCT 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 right 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 current
abutting right of way and then provide an easement back to the city. By vacating this reques(ed
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 right of way in question, just to the west of our 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.
S~/ce~ly, . ..-"/ ,/'2
Debra H. Brinley-Koempel
LETTER OFINTENT
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
Writermood 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 north.
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 at~er short plating. The current lot is surrounded on three sides with lots
that are 1.25 acres (approximately 50,000 sq. f~.) or less, which were short plated when lot sizes
of half the current size were allowed.
Page of
PETITION FOR THE VACATION OF A
PUBLIC RIGHT OF WAY
FOR
TO: City of Bainbridge Island, City Council, do 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 refer~ce incorporated herein, petition the City
Council of the City of Bainbridge Island, Washington ("City"), to vacate the above mentioned road vacation' for
Attachments shall include: Letter of Intent stating why there is no public benefit to the existing right-of-way and
-stating the specific reason for the vacation request, per RCW 35.79~010. The petitioner shall have a survey made and
provide a legal description of the property proposed to be vacated, . along with a vicinity map showing the general area
of the proposed vacation, and a pht map prepared and sealed by a Professional Land Surveyor, registered in the State
of Washington, indicating the specific parcels affected. See Ordinance No. 91-30 - 12.34.(}50.
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 single 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 otherwise not
qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. (Ref. RCW 35A.01.040)
Each signature shall 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
NamedAddressfPhone #
IADDRESS
AND LEGAL DESCRIP.
~/38/1997 e7:lg FRO~ BRZHLE¥-KOE~PEL TO [6g$4227541 P.e~
, .- PETITIONERS SIGN&TIJRI~,S
7
9
10
I1
13
14
~.'
, 17
I8
ZO
21
.26
P inted Nsme SiLmsbare Addres~/Z.~,~d Des, ~ #
--WARNING--
Eyer~ person ~ ~ this petition with tn~ oLt~- t~,~ hi~ tz~e mane, o~ who ~owia~lz s;~ns more ~d (Me oF these
petition. or ~ · petition sccking election when be is not a legal voter, or siLms · petition when be is otJ~rv/~e
qualified to sign, or who mak~ het'ein any false statement, shall be gufit~ of a misclemeanor. (P. ef. RCW 35A.01.040)
TOTIIL P.9'5
MARC: R. ADAM, L.S.
JAMES R. GOLDSWORTHY, L.S.
CANDYCE J. KORSMO
ADAM 8(: GOLDSWORTHY~
LAND SURVEYORS
INC.
19062 HwY 305 N., #105
POULSBO, WA 98370
(360) ?79-4299 · (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 fight of way lying adjacent to
the West line of Tract 29 of The Herfin & 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.
Previously v~cafed
right of' wc~y {hatched}
.... '7oT~? - - -?tV ............
Orynal platted right of ~oy
~Parcel to be ~co~ed
/Proposed new right of way
20'
Platted right of way
N .... .~
N 88'$8'58' W
IV 88'38'~8' W
308. 59'
316.09°
1314.38'
2628. 76'
NE Bctkev Hi, it Roe6d
CITY OF BAINBRIDGE ISLAND
~ PUBLIC WORKS