ORD 98-12 VACATING PORTION OF DEXTER STREET05/29/98 11: 41 FAX 425 635 7750 INSLEE-BEST ->-,-~ CITY OF B.I. ~003/007
ORDINANCE NO. 98 -12
AN ORDINANCE of the City of Bahabridge Island,
Was_hington, vacating a portion of Dexter Street.
WHEREAS, on February 5, 1998, the City Council adopted Resolution No. 98-05
initiating the vacation of a portion of a 60 foot wide fight-of-way known as Dexter Sweet,
depicted on Exhibit A attached hereto and incorporated by this reference; and
WHEREAS, the portion of Dexter Street sought to bc vacated abuts on property owned
by the Estate of Francis Hodgcs ("Estate"), located at 15680 Euclid Avenue N.E., Bainbridge
Island, WA and legally described on Exhibit B attachca hereto and incorporated by this
reference, on property owned by Robert and Terri I ~ns- ("the Lanes"), located at 15660 Euclid
Avenue N.E., Bainbridge Island, WA and legally described on Exhibit C attached hereto and
incorporated by this reference, and on a body of water; and
WHEREAS, on March 19, 1998, the City Council held a public hearing on the issue
of whether the City should vacate the portion of Dexter Street depicted on Exhibit A; and
WHEREAS, by Resolution No. 98-2_~.6, pursuant to RCW 35.79.035(1)(c) and BIMC
12.34.120A.3, the City Council adopted a plan for the pr'ovision of comparable or improved
public access to the same' shoreline area a~ Dexter Street; and
WHEREAS, the portion of Dexter Street sought to be vacated has an appraised value
of $165,000, and the Estate and the Lanes have agreed to pay the full appraised value to the
City, with the Estate paying $110,000 and the Lanes paying $55,000; and
WHEREAS, the Estate and the Lanes have requested tha_t the northern 40 fcct of Dexter
Street be vacated to the Estate and that the southern 20 feet of Dexter Street be vacated to the
Lanes; and
WI-IEREAS, the City Council determined that it is in the best interests of the public to
vacate the portion of Dexter Street depicted on Exhibit A; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON,
DO ORDAIN as follows:
,%'ction 1. The portion of the fight-of-way known as Dexter Street, depicted on Exhibit
A, is vacated, with the northern 40 feet of the portion of Dexter Street being vacated to the
Estate of Francis Hodges, the owner of the real property legally described on Exhibit B, and
the southern 20 feet of the portion of Dexter Street being vacated to Robert and Terri Lane, the
owners of the real property legally described on Exhibit C, subject to retention by the City of
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Bahbridge Island of the right to excrc. jse and grant easements for the c~nstruction, repair, and
m~intenance of public utilities and services.
.Section 2. The City Clerk is authorized and directed to record a certified copy of this
ordinsnce with the Kitsap County Auditor's office.
Sectinn -~. This ordinance shah be effective five days after its passage, approval, and
publication as required by law; provided, tha~ this ordinanc4~ shall not take effect until the City
has receiv~ the amount of $165,000 from the Estate of Francis Hodges and Robert and Terri
Lane for the vacation of the portion of Dexter Street depicted on Exhibit A.
PASSED by the City Council this 4 th
day of June, 1998.
APPROVED by the Mayor this
5 t h day of June, 1998.
ATTEST/AUTHENTICATE:
APPROVED AS TO FORM:
Rod P. Kaseguma, City Alxorney
FILED WITH THE CITY CLERK: Bay 29, 1998
PASSED BY THE CITY COUNCIL: June 4, 1998
PUBLISHED: J un e 10, 1998
EFFECTWE DATE: June 15, 1998
ORDINANCE NO.: 98-12
DOC3\94700\106~0157773.01 - 2-
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\
Legal Description for Portion of Dexter Street to be Vacated
That portion of Dexter Street lying between and abutting on:
PARCEL I:
Lot 18, Plat of Port Madison, According to Plat Recorded in Volume 3 of Plats, Page 3, Records
of Kitsap County, Washington.
PARCEL II:
Tidelands of the Second Class Adjacem to and Abutting Lot 18 and Dexter Street, Port Madison,
According to Plat Recorded in Volume 3 of Plats, Page 3, Records of Kitsap County, Washington.
and
PARCEL III:
Tract(s) 19, Port Madison, According to the Plat Recorded in Volume 3 of Plats, Page(s) 3,
Records of Kitsap County, Washington;
Together With Tidelands of The Second Class as Conveyed by the State of Washington, Situate
in Front Of, Adjacent to and Abutting Thereon.
DOCS\94700\ 106\0157947.02
EXHIBIT B
ESTATE OF HODGES PROPERTY
PARCEL I:
Lot 18, Plat of Port Madison, According to Plat Recorded in Volume 3 of Plats, Page 3, Records
of Kitsap County, Washington.
PARCEL II:
Tidelands of the Second Class Adjacent to and Abutting Lot 18 and Dexter Street, Port Madison,
According to Plat Recorded in Volume 3 of Plats, Page 3, Records of Kitsap County, Washington.
DOCS\94700\ 106\0157947.01
EXHIBIT C
LANE PROPERTY
PARCEL III:
Tract(s) 19, Port Madison, According to the Plat Recorded in Volume 3 of Plats, Page(s) 3,
Records of Kitsap Coumy, Washington;
Together With Tidelands of The Second Class as Conveyed by the State of Washington, Situate
in Front Of, Adjacent to and Abutting Thereon.
DOCS\94700\ 106\0157949.01