RES 2009-16 VACATION SEARLES GARDEN TRACTSRESOLUTION No.. 009-1
RESOLUTION of the City Council ofthe City of Bainbridge Island,
Washington, recognizing the 1908 vacation 'of that portion of the 10, foot
Unnamed Road lying Westerly of Battle point Drive ISE and Easterly of
Skinner Road NE and lying Forth of Lots 1, 2 and 3, Beagle's Carden
Tracts, as recorded in Volume 2, page 73 of plats, records of Kitsap
County, Washington: _
WHEREAS, that portion of the 10 foot Unnamed Road lying Westerly of Battle Point
Drive NE and Easterly of Skinner Road NE and bring forth of Lots 1, 2, and 3, Searle's
Garden Tracts, as recorded in. Volume 2, page 73 of plats, records of Kitsap County,
Washington, was designatd as a county road in 1903 in an area that was subsequently
annexed into the City of Bainbridge Island in 1991; and
WHEREAS, the laws in effect at the time of dedication required the roadway to b
opened for the public use Within fire years of dedication. The road was not opened by
1908, therefore, the roadway was automatically vacated by operation of lav; and
WHEREAS, the City desires to recognize and acknowledge that that portion of the 10
foot Unnamed Road lying Westerly of Battle Point Drive NE'and Easterly of Skinner
Road NE and lying Forth of Lots 1, 2, and 3, Searle's Garden Tracts, as. recorded in
Volume 2, page 73 of plats, records of I itsap County, Washington,- as described o
Exhibit A (legal description) and depicted on' Exhibit B a - .ttached hereto -and by this
reference incorporated herein has been vacated by operation of later; noir, therefore,
THE CITY COUNCIL of THE CITY of BAINBRIDGE ISLAND,
WASHINGTON DOES RESOLVE ASFOLLOWS:
Section 1. The City of Bainbridge Island hereby recognizes and acknowledges that,
pursuant to the lags of 1889-1890, Section 32, Chapter 19, that portion of the 10 foot
Unnamed Road Ding Westerly of Battle Point Drive NE and Easterly of Skinner Road
NE and lying North of Lots 1, 2, and 3, Searle's Garden Tracts, as recorded in Volume 2,
page 73 of plats, records of Kit ap County, Washington, as described on Exhibit A (legal
description) and depicted on Exhibit B (neap) attached hereto and by this reference
incorporated herein has been vacated by operation of lair.
Section 2. Severabilit . If any one or more sections, subsections, or sentences of this
Resolution are held to be unconstitutional or invalid, such decision shall not affect the
remaining portion of this Resolution and the sane shall remain in full force and .
Section 3. Effective Date, This Resolution shall take effect and be 'n force in -mediately
upon its passage.
PASSED by the City Council this 24h day of June, 2009.
Christopher Snow, Mayor
ATTEST.
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Rosalind D. Lassoff, City Clerk
FILED WITH THE CITY CLERK: June 16, 2009.
PASSED BY THE CITY COUNCIL: June 24, 2009
RESOLUTION NO.: 2009-16.
EXHIBIT
DESCRIPTION
portio o -Se tion 17, Township 25, Range 2 East, Willamette Meridian, City of Bainbridge
Island, Kitsap County, Washington described as follows:
portion of the 10 foot Unnamed Road lying Westerly of Battle Point Drive NE and Easterly o
Spinner Road NE and lying North of Lots 1, 2, and 3, Beagle's Garden Tracts, as recorded i
Volume m 2, page 73 of plats, records of Kitsap County, Washington.
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