ORD 96-02 VACATING A PORTION OF BAKER ROADRETURN ADDRESS:
City of Bainbridge Island
625 Winslow Way E.
Bainbridge Is., WA 98110
ATTN: Susan P. Kasper, CMC
CITY OF BRINBRIDGr IS ORD $13.88
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ORDINANCE NO. 96-02
AN ORDINANCE of the City of Bainbridge Island, Washington
vacating a portion of Baker Road.
WHEREAS, on October 12, 1995, Maria Cool and Gale Cool, individually and for
Lovell Associates, inc., and Richard Dunbar and Sarah Dunbar ("Petitioners")
submitted a petition to vacate a portion of the, unopened right-of-way known as
Baker Road situated in Gov Lot 4 (NW quarter of the NE quarter, Sec 4, Twn
24N, R2E) lying within the property legally described on Exhibit A, attached
hereto and incorporated by this reference; and
WHEREAS, on October 17, the Washington State Department of Transportation
C W SDOT") requested that the City vacate the same portion of the right-of-way
known as Baker Road; and
WHEREAS, on November 16, 1995, the City Council adopted Resolution No. 95-
44, setting a public hearing on the proposed right-oFway vacation tbr January 4,
1996; and
WHEREAS, on January. 4, 1996, the City Council held a public heating on the
issue of whether the City should vacate the portion of the fight-or:way known as
Baker Road, lying within the property legally described on Exhibit A, as requested
by the Petitioners and WSDOT; and
WHEREAS, WSDOT intends to develop an estuary as mitigation tbr cleanup
activities at the Eagle Harbor Superfund site, which will provide the City with a
great public benefit by
restoring an environmentally endangered area; and
WHEREAS, the US Fish and Wildliti~ Service and Trout Unlimited will pedbrm a
stream restoration project fi~eding the estuary; and
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CITY OF BRINBRIDBE IS ORD $13.Be Kitsap Co,
WHEREAS, the stream restoration and estuary will both be bufli~red by protective
conservation easements; and
WHEREAS, a ten-fbot.public access easement to the site has been recorded, as
required by the City's mitigated determination of non significance issued fbr the
South Bainbridge Estuanne Wetland and Stream Restoration; and
WHEREAS, the City Council determined that it is in the best interests of the
public health, satiety and welthre to vacate the portion of the unopened right-
of-way known as Baker Road; and
WHEREAS, the unopened right-of-way known as Baker Road is not a right-of'-
way leading to fi-esh or salt water (commonly called a "road end").
NOW, THEREFORE, THE CITY COUNCIL OF CITY OF
BAINBRIDGE ISLAND, WASHINGTON, DO ORDAIN as fbllows:
Section 1. Upon the acceptance of the easements described in Sections 2 and 3
of this ordinance, the Portion of the right-of-way known as Baker Road lying within
the property legally described on Exhibit A, is vacated to WSDOT, the owners of
the real property abutting said portion of the right-of-way, subject to retention by
the City of Bainbridge Island of the right to exercise and grant easements fbr the
construction, repair, and maintenance of public utilities and services; provided, that
if the construction of the projects known as the South Bainbridge Estuarine
Wetland and Stream Restoration is not completed by December 31, 1997, the
right-of-way shall revert to the City.
Section 2. A conservation easement fifty (50) fi;et on each side of the top of banks
of the proposed stream corridor shall be granted to the City of Bainbridge Island
from the estuary to the southerly right-o/:way line of Baker Hill Road.
Section 3. A ten (10) fbot wide public access and trail easement to the City of
Bainbndge Island shall be included within the eastern or westem estuary and
streztn corridor conservation easements. The determination by the City of whether
the eastern or western perimeter is selected shall be in consultation with WSDOT
and the adjoining property owner.
Section 4. In consideration of the public benefit of the restoration of the stream
and estuary and tbr the fitct that the combination of the estuary, stream, bu~i~rs
and trail exceeds the area of the unopened Baker Road right-of:way no cash
compensation to the City of Ba~nbridge Island will be required.
Section 5. The City Clerk is authorized and directed to record a certified copy of
this ordinanrce with the Kitsap County Auditor's office.
CITY OF BRINBRIDGE IS ORD $13.88
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Section 6. This ordinance shalt be eti~ctive five days after its passage, approval,
and publication as required by law.
PASSED by the City Council this 7th day of March, 1996.
APPROVED by the Mayor this 8th day of March, 1996.
JANET K. WEST, Mayor
AT TE S T/AUTHENT !C ATE:
S~SPER, City Clerk
APPROVED AS TO FORM:
ROD P KASEGUMA, City Attorney
FILED WITH THE CITY CLERK
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE.
ORDINANCE NO.
December 28, 1995
March 7, 1996
March 13, 1996
March 18, 1996
96-02
CITY OF BRINBRIDGE IS ORD
$13.88
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Exhibit A
That portion ofGovernmenl Lol 4, Seclion 4, Township 24 North, Range 2 Enst,
W.M., Kitsall County, Washington, described as tbllows:
Begh~ning at the North quarter corner of said Section 4, which is the Northwesl ~,
corner of said Government Lot 4;
Thence along l}~e Norlh line of said Oovernment Lot 4, S 88°39'03"E 628.68 feet;
Thence along the Ensl right of way of Baker Road as described in instrument filed under
Kitsap County Auditor's File No. 804507 and the Northerly extension thereof, -
S 01 °26'49" W 1029.30 feet to the inletsection of said East right of way witl~ the
Notlherly right of way of Point White Drive NE.. (County Road No. 7), wl~ch is the True
Point of Beginning;
Thence N 01°26'49'' E 93.15 feet;
Thence on a 98.62 foot radius curve to the left through a central angle of 59°30'18'' an
arc distance of 102.42 feet;
Thence N 58°03'29"W 93.69 feet;
Thence on a 90.99 foot radius cul-,'e to ll~e right through a central n. ngle of 54°49'12'' an
arc distance of 87.06 feet;
Thence N 03°14'17"W 99.28 feet;
Thence on a 159.29 foot radius curve to the right through a central angle of 5 l°58'21TM an
arc dislance of 144.49 feet;
Thence N 48°44'04'' E t8.54 feet;
Thence on a 125.00 foot radius curve to the right through a central angle of 28°03'43'' an
arc distance of 61.22 feel;
Thence S 29°32'57" E 129. t5 feet;
Thence on a 150.95 foot radius curve to the left lhrough a central angle of 45°06'38'' an
arc distance of 118.85 feet;
Thence S 74°39'35" E 62.72 feet;
']'hence on a 57.41 foot radius curye to the right through a central angle of 94°39'19" an
arc distance of 94.84 feet;
Thence S 19°59'44"W 125.60 feet;
Thence Southeasterly on a curve to the left the center oF whch bears N 32°04'35'' E
115.00 feet through a central angle of 30°00'51" an arc distance of 60.24 feet;
Thence S 87°56'16"E 73.50 feet;.
Thebee on a 39,88 foot curve to the right through a central angle of 80°41 '26" an arc
distance of 56.16 feet;
Thence S 07°14'50"E 11.45 feet;
Thence S 83°21'00"W 17.65 feet;
Thence S 80022'25" W 50.69 t~et;
Thence S 78'30'31"W 39.65 feet;
thence S 76°53'SY'W 71.36 feet;
Thenee~ S 72°18'36"W 55.32 feet;
Thence S 64°53'54" W 52,70 feet;
Thence S 57"42'57" W 56.04 A:et;
Thence S 53°21'07"W 9.46 feet to the True Point of. Beginning.
Containing 128,354 square ti:ct (2.95 Acres)