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RES 2016-22 APPROVING A VACATION OF THE PELICAN INDUSTRIES FOUR-LOT PLATRESOLUTION NO. 2016-22 A RESOLUTION of the City of Bainbridge Island, Washington, approving a vacation of the Pelican Industries four -lot short plat (Auditors File # 9310110094, City File # PLN50076VAC) WHEREAS, on October 8, 1993, the four -lot Pelican Industries short plat was approved by the City of Bainbridge Island and recorded with the Kitsap County Auditor on October 11, 1993; and WHEREAS, on July 17, 2015, Jeb and Belinda Thornburg and Roost Land Company, LLC, submitted an application to vacate the four -lot short plat; and WHEREAS, the purpose of the vacation request is to remove the conditions of the plat and the approved lot lines to allow the property to be subdivided along with the adjoining property to the west into six lots (Roost Subdivision); and WHEREAS, the City of Bainbridge Island Hearing Examiner issued a Preliminary Subdivision Decision on the Roost Subdivision, dated May 31, 2006, File Number PLN50076SUB, in which the Hearing Examiner concluded, in part, that vacation of the underlying Bainbridge Island Short Plat No. BI -6 (recorded at AF #9310110094) shall be effectuated pursuant to the provisions of RCW 58.17.212 and completed prior to final plat approval, and that state law requires the vacation application to be submitted to the City Council, and that the City Council shall provide the notice of and conduct the public hearing on the vacation application and issue the vacation decision; and WHEREAS, the application and vacation request has been reviewed and meets the vacation of subdivision procedural requirements of RCW 58.17.212, including that: the subject four -lot subdivision is owned by the Roost Land Company, LLC, and Belinda and Jeremy Thornburg and all parties signed the vacation agreement application; the plat does not contain a county road or street, but rather an undeveloped 20 foot access and utility easement; the public hearing for the vacation application was properly noticed in the newspaper, notice was also sent to those within a 300 foot radius of the project site, a public hearing was properly scheduled and conducted by the City Council, and no land within the subdivision was deeded to the public for public use or benefit; and no roads or streets are proposed for vacation with this plat vacation; now, therefore THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DOES RESOLVE AS FOLLOWS: Section 1. The proposed vacation is in conformance with applicable legal requirements, including RCW 58.17.212, and the City Council hereby approves the vacation of the Pelican Industries four -lot short plat (Auditors File # 9310110094, City File # PLN50076VAC). PASSED by the City Council this 27th day of September, 2016. APPROVED by the Mayor this 27th day of September, 2016. 1 To son, a ATTEST/AUTHENTICATE Rosalind D. Lassoff, City Clerk FILED WITH THE CITY CLERK: September 16, 2016 PASSED BY THE CITY COUNCIL: September 27, 2016 RESOLUTION NUMBER: 2016-22 Fa