RES 2013-14 RIGHT OF WAY VACATIONAFTER RECORDING RETURN TO:
City Clerk
City of Bainbridge Island
280 Madison Avenue N.
Bainbridge Island, WA 98110
Document Title: City of Bainbridge Island Resolution No. 2013 -14 - Right of Way Vacation
Abbreviated Legal Description:
Portion NW 1/4, SE 1/4, SE 1/4, Sec, 34, T. 25 N., R. 2 E., W.M., Kitsap County, Washington,
Assessor's Property Tax Parcel/Account Numbers:
342502 -4- 023 -2000 and 342502 -4- 022 -2001
RESOLUTION NO. 201344
A RESOLUTION of the City Council of the City of Bainbridge
Island, Washington, recognizing the vacation by operation of law
pursuant to RCW 36.87.090 of that portion of the 15 foot unnamed
road lying east of NE McDonald Avenue and 1320 feet, more or
less, south of NE Eagle Harbor Road.
WHEREAS, that portion of the 15 foot unnamed road lying east of NE McDonald Avenue and
1320 feet, more or less, south of NE Eagle Harbor Road was designated as a county road in 1912
in an area that was subsequently annexed into the City of Bainbridge Island in 1991; and
WHEREAS, pursuant to RCW 36.87.090, any county road, or part thereof, which remains
unopen for public use for a period of five years after the order is made or authority granted for
opening it, shall be thereby vacated, and the authority for building it barred by lapse of time,
therefore, the roadway was automatically vacated by operation of law; and
WHEREAS, the City desires to recognize and acknowledge that the portion of the 15 foot
unnamed road lying east of NE McDonald Avenue and 1320 feet, more or less, south of NE
Eagle Harbor Road, records of Kitsap County, Washington, as described on Exhibit A (legal
description) and depicted on Exhibit B (map) attached hereto (the "Vacated Street ") and by this
reference incorporated herein has been vacated by operation of law; 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, upon and across the
Vacated Street, for the benefit of Parcels 342502 -4- 023 -2000 and 342502 -4- 022 -2001; now,
therefore,
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND,
WASHINGTON DOES RESOLVE AS FOLLOWS:
Section 1. The City of Bainbridge Island hereby recognizes and acknowledges that, pursuant to
RCW 36.87.090, the Vacated Street has been vacated by operation of law.
Section 2. This Resolution shall take effect and be in force immediately upon its passage.
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PASSED by the City Council this 28th day of August, 2013.
APPROVED by the City Council this 28th day of August, 2013.
1.
Steven Bonkowski, Mayor
ATTEST /AUTHENTICATE:
lam. psi
Rosalind D. Lassoff, CMC, City Clerk
FILED WITH THE CITY CLERK: August 14, 2013
PASSED BY THE CITY COUNCIL: August 28, 2013
RESOLUTION NUMBER: 2013 -14
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EXHIBIT A
LEGAL DESCRIPTION
The north 15 feet of the following described property:
That portion of the Northwest Quarter of the Southeast Quarter of the Southeast Quarter, Section
34, Township 25 North, Range 2 East, W.M., in Kitsap County, Washington, described as
follows:
Beginning at the northwest corner of said subdivision;
Thence east 540 feet;
Thence south 150 feet;
Thence west 540 feet;
Thence north 150 feet to the Point of Beginning;
EXCEPT except the west 30 feet for right of way.
DAMP
The east 15 feet of the following described property:
Beginning at the northeast corner of the Northwest Quarter of the Southeast Quarter of the
Southeast Quarter, Section 34, Township 25 North, Range 2 East, W.M., in Kitsap County,
Washington;
Thence south 330 feet;
Thence west 396 feet;
Thence north 30 feet;
Thence east 276 feet;
Thence north 300 feet;
Thence east 120 feet to the Point of Beginning;
TOGETHER with an easement per Auditor's File No. 7708260149
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07"31413 EXHIBIT B
DATE 15' Unnamed Road
Right of Way Vacation
NUMBER Sec. 34, T.25N., R.2E., W.M.
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