RES 2010-20 RIGHT OF WAY VACATION TAYLOR AVE & NEW SWEDENAFTER RECORDING RETURN TO:
City Clerk
City of Bainbridge Island
280 Madison Avenue N.
Bainbridge Island, WA 98110
BpINBRTDGE ISIHND CITY OF 201006080105
Resolution Rec Fee: $ 68.00
Waltar2WashinglonA.MKilse Lo Auditor
Page.'. 1 of 5
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Document Title: City of Bainbridge Island Resolution No. 2010-20 - Right of Way Vacation
Abbreviated Legal Description:
S '/4, SW V4, See.3 , T.2 N., I .2 ~, W.MP
Plat of Taylor 2nd Addition to fort Blakely, as recorded in Volume 2,ag e 56 of plats, records o
Kitsap County, Washington.
ASSESSOR'S PROPERTY TAX PARCEL/ACCOUNT NUMBER(S)
4186-002-006-0107
4186-0027-004-0000
4186-002-001-0201.
4186-003-010-0000.
4186-003-001-0001
, RESOLUTION INTO. 2010-2
RESOLUTION of the City Council of the City of Bainbridge
Island, Washington, recognizing the 1905 vacation by operation of
law pursuant to RCW 36.87.090 of that portion of the 30 foot
Unnamed Road lying Westerly of Taylor Avenue and Easterly of
New Sweden Avenue and lying South of Lots 5 and 6, Block 2 and
lying South of Lot f, Block 1 and lying forth of Lots 1 and 10,
Block 3 all in the plat ofTaylor 2"d Addition to Fort Blakely, a
recorded in Volume 2, page 56 of plats, records of Kitsap County,
Washington.
WHEREAS, that portion of the 30 foot Unnamed load lying Westerly of Taylor Avenue
and Easterly of New Sweden Avenue and lying South of Lots 5 and 6, Block 2 and lying
South of Lot 1, Block 1 and lying North of Lots I and 10, Block 3 all in the plat of Taylor
2nd Addition to Port Blakely, as recorded in Volume 2, page 56 of lats, records of Kitsap
County, Washington was designated as a county road in 1901 in an area that was
::-..:. to ecl xerrtl annexed. into the City of Bainbridge Island in 199 1; arr
WHEREAS, the laws in effect at the time of dedication required the roadway to be
opened for the public use within fire years of dedication. The goad was not opened by
1905, therefore, the roadway was automatically vacated by operation of law; and
WHEREAS, the City desires to recognize and acknowledge that that portion of the 30
foot Unnamed Road lying Westerly of Taylor Avenue and Easterly of New Sweden
Avenue and lying South of Lots 5 and 6, Block 2 and lying South of Lot 1, Block 1 and
lying Forth of Lots 1 and 10, Block 3 all in the plat of Taylor 2nd Addition to Port
Blakely, as recorded in Volume 2, page 56 of plats, records of Kitsap County,
Washington, as described on Exhibit A (legal description) and depicted on Exhibit
(snap) attached hereto (the "Vacated Street") and by this reference Incorporated herein
has been vacated by operation oflaw; and
WHEREAS, the City further recognizes and acknowledges that the foregoing vacation of
the Vacated Street, does not affect or limit those certain perpetual non-exclusive
easements existing automatically by operation of applicable law, and located over, under,
Moon and across the placated Street, for the benefit of Lots 5 and 6 of Block 2, and Lot 1
of Block land Lots I and 10 of Block 3, all in the plat of Taylor 2nd Addition to fort
Blakely, Vol. 2, page 56 of flats, Kitsal County, Washington (the "Benefited Lots"), for
the purpose of ingress, egress and a utility corridor to and from each of the Benefited
Lots, and for the benefit of those utility providers with -f cilities as currently e nstr cted
within the Vacated Street, easterly to that certain public street known as Tay1 r Avenue,
and westerly to that certain public street kora as New Sweden Avenue; now, therefore,
THE CITY.- COUNCIL OF. THE CITY of BAINBRIDGE ISLAND,
WASHINGTON DOES RESOLVE AS FOLLOWS.
f
S'E'CTION 1. The City of Bainbridge Island hereby recognizes and acknowledges that,
pursuant to the lames of 1889-1890, Sction 2, Chapter 19, that portion of to o foo
Unnamed Toad lying Westerly of Taylor Avenue and Easterly of New Swed Avenue
and lying South of Lots 5 and 6, Block 2 and lying South of Lot 1, Block 1, and lying
1 1 Eloek all in the plat of Taylor 2"d Addition to portMakely,as
forth of sots and �
recorded in Volume 2, page 5 6 of plats, records of Kitsap County, Washington, as
described on Exhibit A (legal description) and depicted on Exhibit B (map) attached
hereto and by this reference incorporated herein (the "Vacated Street") has b&Vn vacated
by operation of law.
SECTION 2.SeveraIf any one or more sections, subsections, or senteri es of this
MEMMEP —
Resolution are held to be unconstitutional or invalid, such decision shall -'not affect the
remaining portion of this Resolution and the same shall Tremain in full force and effect.
SECTION .3. ffLective Date. This Resolution shall take effect and be in force
immediately upon its passage.
PASSED by the City Council this 261h day of May, 2010.
APPROVED by the City Council this 2601 day of May, 2010.
do
Bob Scales, Mayor
ATTEST/AUTHENTICATE:
IPAU�,00. SQ55 0 W —
Rosalind D. Las off, City Clerk
PIKED WITH THE CITY CLERK: May 11, 2010
PASSED BY THE CITY COUNCIL: May 26, 2010
RESOLUTION N.:
2010-20
5
EXHIBIT
DESCRIPTION
A portion of Section 35, Township 25, Range 2 East, Willamette Meridian, City of Bainbridge
Island, Kits a County, Washingtondescribed as f llo s o
A portion of the o foot Unnamed Road lying Westerly of Taylor Avenue and Easterly of New
Sweden Avenue and lying South of Lots 5 and 6, Block 2 and lying South ofLot 1, Block 1, and
ming North of acts I and 10, Block 3, all in the plat of Taylor 2"d Addition to Fort Blakely,as
recorded in Volume 2, page 56 d plats, records of Kit -sap County, Wasbing torr.
05 46
010
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2
NUMBER
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p t of
TA YL OR 2T-�,d'
ADDITION
to
Octobev 7,
1906
VACATED por ROW 36,87,090
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(AM 9306120042)
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5 c F, r S� TREE T
Vacated by ri
Op6rcytion of Low
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the
VaccttioTt by Opercct-IoTc of Lct-w
Ute i%a,med 30 Ft. Streets
]EXHIBIT B
Toylor'u 2nd Addition W Port Blakely
Volurne 2, Page 56
Southeast 1/4, Southwest 1/4
d- I �] WM.
e c. 3!5, 9r, 2 If M, R.2
CiTir 401F
13AIN13RIDOR ISLAND
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