RES 98-31 SETTING A PUBLIC HEARING REGARDING VACATION OF PORTION OF ISLAND WAY NERESOLUTION NO. 98-31
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 Island Way 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 petition was filed with the City Clerk on January 14, 1998 for vacation
of a portion of Island Way NE, a public Right-Of-Way (ROW), and ....
WHEREAS, the Public Works Department
Sufficiency validating the petition, and
has prepared the required
Certificate of
WHEREAS, a Public Hearing is required to be held.
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 Island Way, as
described in the abutting property owners' petition, on file with the City of Bainbridge
Island, will be held before the Public Works Committee on Monday, October 26, 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.
/~7'd
PASSED by the City Council this
APPROVED by the Mayor this ~'1
a~or
APPROVED AS TO FORM:
,1998.
,1998.
City Attorney
A TTES T / A UTH ENTIC ATE:
Clerk
File - wab\agenda\island. way .rowvac. o' neill 09/18/98
I, Susan Kasper, City Clerk of the City of Bainbridge Island, Washington, certify that
the attached copy of Resolution No. 98-31 is a true and correct copy of the original
resolution passed on the /~ day of O~7'aB~, , 1998, as such resolution appears
on the Minute Book of the City.
DATED this ,~ ,~,.Z day of
· 1998.
File - wab\agenda\island. way.rowvac. o'neill 09/18/98
COPY FOR YOUR
INFORMATION
City of Bainbridge Island
City Council
c/o City Clerk
625 Winslow Way E.
Bainbridge Island, WA 98110
JAN 15 '98 p;412:55
L~nr, nofdDL( '~' ~~
15041 S~ogen ~ane N.S. u~~
Balnb~ldge Island, ~ 98110
January 14, 1998
RECEIVED
1 i996
PW/ADM
Re: Letter of Intent
Dear Sir or Madam:
Submi~tted with this letter is our Petition for the vacation of
portion of Island Way. This letter is our statement of intent.
The subject property was surveyed in 1988 by Roats Engineering.
The Roats survey is recorded under Kitsap County Auditor's File
No. 8806210069. The property was surveyed by Adam & Goldsworthy,
Inc. in 1993 and a survey recorded under Kitsap County Auditor's
File No. 9403040024. Attached is a copy of a portion of the Adam
& Goldsworthy survey showing the parcel sought to be vacated.
Attached also is a vicinity map showing the general location of
the subject parcel.
The purpose of our vacation petition is to effect a realignment
of Island Way. The parcel to be vacated is in the northwest
corner of Island Way. It is anticipated that Island Way will be
realigned. Once the realignment takes place, Island Way will run
at an angle to the current right of way. The parcel we seek to
vacate will be extraneous to the main portion of the road.
The parcel we seek to vacate is too small and is not in a
locationL.where it could be of any benefit to the public use of
Island Way. In addition, the property is located such that it
would not be conducive to foot traffic by the general public.
We would be willing to either pay to the city a sum equal to the
full assessed value of the parcel, based on a pro rata
calculation by area or, as an alternative, to exchange a parcel
by agreement. We appreciate your cooperation in processing our
petition.
Very truly yours,
Robert and Julie O'Neill
PETITION FOR THE VACATION OF A
PUBLIC RIGHT:OF-WAY
FOR
I s land Way
Page _ of
TO: City of Bainbridge Island, City Council, c/o City Clerk, 625 Winslow Way E., Bainbridge Island, Wa 98 t 10.
We, the undersigned, being the owners according to the records of the Kitsap County Auditor's office of the property described in Exhib
A (legal description and map) attached; and by this reference incorporated herein, petition the City Council of the City of Bainbrid.~
Island, Washington ('City'), to vacate the above mentioned road vacation for purposes of:
Realiqnment of Island Way.
,
Attachments shall include: Letter of Intent stating why there is no public benefit to the existing right. of-way and stating the specifi
reason for the vacation request, per RCW 35.79.010. The petitioner shall have a survey made and provide a legal desen.'ption of th
property proposed to be vacated, along with a vicinity map showing the general area of the proposed vacation, and a plat map prepare
and sealed by a Professional Land Surveyor, registered in the State of Washington, indicating the specific parcels affected. See Ordinanc
No. 91-30-12.34.050.
This petition my consist of more than one page and each signer consents to the filing of other pages to be considered as a part of a singl
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 sign
a petition seeking~?lection when he is not a legal voter,or signs a petition when he is otherwise not qualified to sign, or who makes herei
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
Name/Address/Phone #
NO
PRINTED/TYPED
DATE NAME
· , ,
SIGNATURE
ADDRESS
AND LEGAL DESCRIP.
.....
f qq eq .,C, ZT;,,,, zE,
/~qc e ,c/:~'~'c,,.c YL
...........
PARCEL #
¢titioner's Representative
,'ame/Address/Phone tt
PE ITIONERS SIGNATU.
Page
o[
4
5
6
7
8
10
11
12
13
14
15
16
Date Printed Name Signature , Address/L~al Des.
x
Parcel #
19
20
21
22
23
24
25
26
27
28
29
30
.irl
- - W ARNIN G - -
I~ person who signs this petition with any other than his true name, or who kno~vingly signs .more than one of these petition.s,
or s~'gns a petition seeking election when he is not a l~al 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. RC~,V 35A.01.040)
C:~,~,'P:~ 1 ~.FO RM S\m.~..v.~:
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GRAPHIC SCALE
,~t~ Ln ~,,u .~.,,~uL. rcn~,u ~;~. rLA(II'IHNU. UULr~ncAU~. nUAU~. HLAI lING AND LAND SUHVEYING
ERBERT A. ARMSTRONG
,,ETER C. DeGROOT
Serving You Since 1960
A.D-A ENGINEERING, L.L.C.
ARMSTRONG. DeGROOT & ASSOCIATES
ENGINEERS AND SURVEYORS
P.O. BOX 847
(371 NW LINDVIG WAY)
POULSBO. WASHINGTON 98370
PHONE (360| 779.6633
BAINBRIDGE ISLAND (206) 842-6123
FAX (360) 779-7031
JULY 15, 1997
DESCRIPTION FOR PAULA RANNEY
JOB NUMBER 93-1527x (RE: VACATION TO O'NEIL)
That portion of the right-of-way for "Island Way" as per the "Record Plat of
,
Tract Thirty Five of the Unrecorded Plat of Trimble" as recorded in Volume 5, Page
17, Plat records of Kitsap County, Washington, situate in Government Lot 7 of
Section 34, Township 26 North, Range 2 East, W.M., Kitsap County, Washington,
described as follows:
Beginning at the West quarter
Roats Engineering - circa 1972) from
South 88°59'08'' East 5287.87 feet;
South 88°33'52'' East 1326.26 feet
Southwest corner of Government Lot
West 145.00 feet to a point of inte
(Community Way per plat); thence
corner of said Section 34 (an alloy cap set by
which an axle at the East quarter corner bears
thence from said West quarter corner proceed
to an old established fence corner post at the
8 of said Section 34; thence North 88°33'52''
rsection with.the centerline of "Skogen Lane"
along said centerline, South 1°26'08" West
397.91 feet; thence North 88°33'52'' West 20.00 feet to an iron pipe set by Roars
Engineering (April 1988) for the point of intersection of the Northerly right-of-way of
"Island 'Way" as per said Plat and the Westerly right-of-way of said "Sk0gen Lane";
thence along said Northerly right-of-way, North 88°33'52'' West 52.04 feet to the
True Point of Beginning (being a point on a diagonal line as establ'ished by Adam and
Goldsworthy, Inc., November 1993); thence continuing along said Northerly right-of-
way North 88°33'52" West 27.96 feet to the 'Northwesterly corner of said "Island
Way;" thence along the Westerly line of said "Island Way" South 1°26'08'' West
16.42 feet; thence along said diagonal line North 61 °00'52"'East 32.42 feet to the
True Point of Beginning.
Containing 229 Square Feet.
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City of Bainbridge Island
Certification of Sufficiency of Petition
PETITION FOR VACATION OF:
A PORTION OF ISLAND WAY
Front Petition
Tax Lot # Ownership of Record Footage Signed ? % Signing
4187-000-020-0201
4187-000-020-0409
Robert O'Neill
Robert & Julie O'Neill
45.35 Yes 63.39%
26.19 Yes 36.61%
Totals: 71.54 100.00%
Total Required for Sufficiency:
(RCW 35.79.010)
Difference ....
66.67%
33.33%
This sufficiency petition was prepared using the footages indicated on the Public Works
AutoCad map provided to the City by Kitsap County. Exhibit B is from the AutoCad System.
Another recorded survey exists for this property. The petitioners petition is based on this other survey.
On Exhibit A, the smaller triangle depicts the portion of the street that the petition requests to be vacated.
The larger triangle depicted on Exhibit A is the area to be vacated based on the AutoCad mapping system.
However, regardless of which survey is used, 100% of the abutting property owners have signed the petition.
I certify to the best of my I<nowledge that this petition is sufficient.
William A. Bryan, P/-, ~ of Public Works
/,
Hecker\ROWVAC\islandway2 - 6/30/98; 8-25-98