ORD 94-24 VACATION OF WALLACE WAYORDINANCE NO. 94 - 24
AN ORDINANCE of the City of Bainbridge Island, Washington,
authorizing the vacation of a portion of Wallace Way.
WHEREAS, on October 4, 1984, the City Council of the City of Winslow held a public
hearing to consider the vacation of the portion of Wallace Way legally described on Exhibit A,
attached hereto and incorporated by this reference, as well as the vacation of other property; and
WHEREAS, in Ordinance No. 84-27, the City Council of the City of Winslow
determined that it was in the best interest of the public health, safety, and general welfare to
vacate the portion of Wallace Way legally described on Exhibit A, and vacated said portion of
Wallace Way; and
WHEREAS, the then owners of the property abutting the vacated portion of Wallace Way
dedicated real property to the City as compensation in part for the vacation of the portion of
Wallace Way; and
WHEREAS, the City determined that at the time that Ordinance No. 84-27 was passed,
the City did not hold title to the vacated portion of Wallace Way; and
WHEREAS, the City has since acquired title to the portion of Wallace Way legally
described on Exhibit A, and desires to accomplish the vacation of the portion of Wallace Way;
and
WHEREAS, by Resolution No. 94-31, as amended, adopted on August 18, 1994, the
City Council set a public hearing on the vacation of the portion of Wallace Way before the
Public Works Committee to be held on September 26, 1994; and
WHEREAS, the Committee held the hearing at the scheduled time, and following the
hearing, submitted its report and recommendation to the City Council; and
WHEREAS, Thomas and Kathy Penn now own the real property legally described on
Exhibit B, attached hereto and incorporated by this reference, which abuts the portion of Wallace
Way to be vacated, and have been paying the real property tax on the portion of Wallace Way
to be vacated; and
WHEREAS, the City Council desires to vacate the portion of Wallace Way legally
described on Exhibit A; now, therefore,
THE CITY COUNCIL OF THE CITY OF
DO ORDAIN as follows:
F:\DMS\RAI,\0069164.01
-1-
BAINBRIDGE ISLAND, WASHINGTON,
CITY
OF
ISA FtYNN, AUDITOR
UMN Clii�PrZ
Section 1. The portion of Wallace Way legally described on Exhibit A, is vacated to
Thomas and Kathy Penn, husband and wife, the owners of the real property abutting said portion
of Wallace Way legally described on Exhibit B, subject to retention of the right of the City of
Bainbridge Island to exercise and grant easements for the construction, repair and maintenance
of public utilities and services.
Section 2. This ordinance shall be effective five days from and after its passage,
approval, and publication as required by law.
PASSED by the City Council this 2 0 t hday of October , 1994.
APPROVED by the Mayor this 2 0 t h day of O c t o b e r , 1994.
Janet K. West, Mayor
ATTEST/AUTHENTICATE:
P. Kasper, City ClerkLpg�
APPROVED AS TO FORM:
Rod P. Kaseguma, City Attorney
FILED WITH THE CITY CLERK: September 30, 1994
PASSED BY THE CITY COUNCIL: October 20, 1994
PUBLICATION: October 26, 1994
EFFECTIVE DATE: October 31, 1994
ORDINANCE NO.: 9 4 - 2 4
FADMS\RA00069164.01 - 2 -
E7IE11191T "A"
The North 50 feet of that portion of the Northeast Quarter of the Southwest Quarter of the
Northwest Quarter of Section 26, Township 25 North, Range 2 East, W.M. in Kitsap County,
State of Washington lying westerly of the West right-of-way margin of State Highway Route 305
and lying easterly of Erickson Avenue Northeast.
AREEL b834i FR i 9 1
F:\DMS\RAL\0069321.01 09/23/94 - 1 -
EXHIBIT "B"
SECTION 26 TOWNSHIP 25 RANGE 2E
1 (PARCEL.A CITY OF WINSLOW SHORT PLAT RECORDED UNDER AUDITOR
2 NO 8911140213, W-63) THE NORTH 445.00 FEET OF THE FOLLOWING
3 DESCRIBED PROPERTY: THAT PORTION OF THE SOUTH -HALF OF THE
4 NORTHWEST -QUARTER OF SECTION 26, TOWNSHIP 25 NORTH, RANGE 2
5 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON
6 THE NORTHERLY LIMITS OF SAID SUBDIVISION, WHICH LIES
7 SSB*43'57"E, A DISTANCE OF 990 FEET FROM THE NORTHWEST
8 CORNER OF SAID SUBDIVISION; THENCE SOI*16103"W, A DISTANCE
9 OF 660 FEET; THENCE SSS*43157"E, A DISTANCE OF 180 FEET,
10 MORE OR LESS, TO THE WESTERLY MARGIN OF STATE HIGHWAY 305
11 (21-A); THENCE NORTHERLY, ALONG SAID WESTERLY HIGHWAY
12 MARGIN, TO THE NORTHERLY LIMITS OF SAID SUBDIVISION; THENCE
13 N88*43157"W, ALONG SAID NORTHERLY LIMITS, A DISTANCE OF 155
14 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING; EXCEPT
15 THE WEST 30.00 FEET THEREOF FOR CITY STREET RIGHT-OF-WAY AND
16. EXCEPT THE NORTH 50.00 FEET THEREOF FOR CITY STREET
17 RIGHT-OF-WAY. EXCEPT THE SOUTHERLY 291.71 FEET THEREOF.
18 SITUATE IN THE CITY OF WINSLOW, KITSAP COUNTY, WASHINGTON.
19 TOGETHER WITH THAT PORTION OF CITY STREET TO THE NORTH
20 VACATED PER AUDITOR NUMBER 8607250129.
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11/6/84
ORDINANCE NO. 84-27
1933 T_;i 25 i t Irl: wm
I(IiSl,I i:,UUIT Ci;
AN ORDINANCE OF THE CITY OF WINSLOW, WASH-
INGTON, VACATING CERTAIN PROPERTY IN THE
CITY OF WINSLOW, WASHINGTON, BEING A
PORTION OF WALLACE WAY EAST OF ERICKSEN
AVENUE AND WEST OF SR 305 PLUS A PORTION OF
WALLACE WAY WEST OF ERICKSEN AVENUE A
DISTANCE OF APPROXIMATELY 330 FEET! AND
RETAINING A UTILITY EASEMENT OVER THE AREA
VACATED AND OTHER PROPERTY.
WHEREAS, pursuant to resolution, the City Council of
the City of Winslow, Washington, held a public hearing on
October 4, 1984, to consider the proposed vacation of certain
property in the City of Winslow, Washington, being aportion
of Wallace Way East of Ericksen Avenue and West of SR 305
plus a portion of Wallace Way West of Ericksen Avenue a
distance of approximately 330 feet and more particularly
described as set forth on Exhibits A and B attached hereto
and incorporated in full by this reference, and
WHEREAS, pursuant to the findings of the City's
responsible official, the City Council finds that there will
be no significant adverse environmental impacts, and
WHEREAS, at the conclusion of said public hearing
the City Council found that it is the best interest of the
public health, safety and general welfare that said property
dedicated for street purposes should be vacated and the City
Council does hereby determine to vacate the same as herein-
after set forth, and
WHEREAS, the City Council has determined to accept
the adjoining property owner's proposal to dedicate
additional 20' of right of way on Knechtel Street as
compensation, now, therefore,
THE CITY COUNCIL OF THE CITY OF WINSLOW, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1. The following parcels of property, pre-
viously dedicated for street purposes are hereby vacated,
i
Said parcels are located in the City of Winslow, Kitsap
County, Washington, and legally described as set forth on
8607250129
380138 t
Exhibits A and B attached hereto and incorporated herein by
this reference as if set forth in full.
Section 2. Upon receipt of a deed dedicating 20, of
right of way on Knechtel, the City Clerk is hereby directed
to record a certified copy of this ordinance and the deed
with the Kitsap County Auditor.
Section 3. The Land Use Administrator is hereby
directed to amend the official street maps of the City to be
consistent with this ordinance.
Section 4. The City Of Winslow shall retain an
easement for construction, operation, repair and replacement
of utilities, including the right of reasonable access over
the property being vacated and set forth on Exhibits "A" 5
-- "B" of this ordinance, as well as adjoining property.
Section 5. This ordinance shall be in full force
and effect five (5) days after passage and publication by
posting as provided by law.
APPROVED:
MAYOR, ALICE B. TAWRESEY,
"iATTES,T/AUTHENTICAT•
:... �.
'; t:•.. � lop �
,'; '�. •, LE K, NA J A B XTON
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY Q
FILED WITH HE CITY CLERK: "Ovember 14, 1984
PASSED BY THE CITY COUNCIL:
POSTED:
EFFECTIVE DATE:
ORDINANCE NO. -27
8607250129
-2-
PER384FAI382
LEGAL DESCRIPTION OF PUBLIC LAND VACATION
PER CITY OF WINSLOW ORDINANCE 84-27
EXHIBIT A
The North 50 feet of the following described property:
That portion of the South half of the Northwest quarter, Section 26, Township 25
North, Range 2 East, W.M., described as follows:
Beginning at a point on the North line of said subdivision, 990 feet East of the
Northwest corner thereof; thence South 660 feet; thence East 180 feet, more
or less, to the West right-of-way line of State Highway 305 (21-A); thence Northerly
along the Westerly right-of-way line to Its Intersection with the North line of
said Section subdivision; thence Westerly 155 feet, more or less, to the point
of the beginning.
Except the West 30 feet.
Except an easement in favor of the City of Winslow for construction, operation,
repair and replacement of utilities, including the right of reasonable access over
the property being vacated, as well as adjoining property.
Situated in Kitsap County, Washington
EXHIBIT B
The South 20 feet of the North 50 feet of the following described property:
That portion of the South half of the Northwest quarter, Section 26, Township
25, North, Range 2 East, W.M., described as follows: Beginning at a point on
the North line of said subdivision 660 feet East of the Northwest corner thereof;
Thence East 330 feet; thence South 660 feet, thence West 330 feet; thence North
660 feet to the point of the beginning.
Except the East 30 feet.
Except the South 20 feet.
Except an easement in favor of the City of Winslow for construction, operation,
repair and replacement of utilities, including the right of reasonable access over
the property being vacated, as well as adjoining property.
Except that portion thereof lying within the following described tract of land:
Beginning at a point N00028158" West 662.53 feet and N89°28'39" East 815.22 feet
from the West quarter corner of said Section; thence N00031'21"West 150.00 feet;
thence N89028139" East 50.00 feet; thence S00031121" East 150.00 feet; thence
S69028139" West 50.00 feet to the point of beginning.
8607250129
REEt384FRi383
Situated in Kitsap County, Washington.
LEGAL DESCRIPTION OF PUBLIC LAND VACATION
PER CITY OF WINSLOW ORDINANCE 84-27
EXHIBIT A
The North 50 feet of the following described property:
That portion of the South half of the Northwest quarter, Section 26, Township 25
North, Range 2 East, W.M., described as follows:
Beginning at a point on the North line of said subdivision, 990 feet East of the
Northwest corner thereof; thence South 660 feet; thence East 180 feet, more
or less, to the West right-of-way line of State Highway 305 (21-A); thence Northerly
'- - ---- — along the, Westerly right-of-way line to its intersection with the North line of
sold Section subdivision; thence Westerly 155 feet, more or less, to the point
of the beginning.
Except the West 30 feet.
Except an easement in favor of the City of Winslow for construction, operation,
repair and replacement of utilities, Including the right of reasonable access over
the property being vacated, as well as adjoining property.
Situated in Kitsap County, Washington
EXHIBIT B
The South 20 feet of the North 50 feet of the following described property:
That portion of the South half of the Northwest quarter, Section 26, Township
25, North, Range 2 East, W.M., described as follows: Beginning at a point on
the North line of said subdivision 660 feet East of the Northwest corner thereof;
Thence East 330 feet; thence South 660 feet, thence West 330 feet; thence North
660 feet to the point of the beginning.
Fie NG ✓el,14,1 7 Y4G�'.+r'.so. -✓,:., p,/ 1,a he �o
-� Mr. M c.l!`� f - x c, —d'6 '-X .�CitLG02��
Except the East 30 feet. \'—____.
Except the South 20 feet.
Except an easement in favor of the City of Winslow for construction, operation,
repair and replacement of utilities. Including the right of reasonable access over
the property being vacated, as well as adjoining property.
Except that portion thereof lying within the following described tract of land:
Beginning at a point N00028'58" West 662.53 feet and N89028'39" East 815.22 feet
from the West quarter corner of said Section; thence N00031'21"West 150.00 feet;
thence N89028'39" East 50.00 feet; thence S00031111" East 150.00 feet; thence
S89028139" West 50.00 feet to the point of beginning.
8607250129 NEEI380138.3
Situated in Kitsap County, Washington.
I
-i
----------------------------------------------------------------
RIGHT OF MY DEED - srREFr KNOWN AS MEC—HTEL VAY N. E.
C--------------------------------------------------------------------
Q) K.%W ALL MEN BY THESE PRESENTS- THAI' LANDMARK PARTNERSHIP, 724 Ericksen Avenue
(") N. E., Winslow, of the County of Kitsap, in the State of Washington, in
l� consioeration of the benefits and other valuable considerations has granted,
C) bargained, sold and conveyed, and by these presents do qrant, bargain, sell and
%z convey unto the City of Winslow the following described parcel of land situated
00 in the City of Winslow, Kitsap County, State of Washington, to wit:
South 20 feet of the following described property:
1X�that portion of the South half of the Northwest quarter, Section 26,
property-
hat
nship 25 North, Range 2 East, W.M., described as follows: Beginning
M
a point on the North line of said subdivision 660 feet East of the
Ytcorner thereof; thence East 330 feet; thence South 660 feet;
18teenoe st 330 feet; thence North 660 feet to the point of beginning;
�=CEPT the North 50.0 feet, the East 30.0 feet, and the South 20.0 feet
thereof;
P.M. N CEPT that portion thereof lying within the following described tract
40
LLI _ of land:
N Beginning at a point N 00928158" Kest 662.53 feet and N 89028139"
xEast 815.22 feet from the West quarter corner of said Section; thence
4J N 00°31'21" west 15U.0 feet; thence N 89028'39" East 50.0 feet;
thence S OU`31121" East 150.0 feet; thence S 89028'39" nest 50.0 feet
to the point of beginning;
Situate in Ki*sag County, State of Washington.
The Grantors hereby agree to the establishment of said street as above
described, and to the perpetual maintenance of the same as a City Street, and
waive all claim for damages of whatever kind which may be occasioned to
adjacent land by the location, establishment, construction, drainage and
maintenance of said street, and agree and consent to the right of the City of
Winslow to make all necessary slopes for cuts and fills whenever they extend
beyond the right-of-way line, upon above mentioned road, all in conformity with
standard practices of City street construction, and to the same extent and
purpose as if the rights herein granted had been acquired by condemnation
proceedings under Fninent Domain Statutes of the State of Washington.
Said covenants shall run with the land and be binding upon the grantors and
successors or assigns.
TO HAVE AND TO HOLD the same, unto the City of Winslow for the purpose of a
public road forever. �L
r n
i
IN WITNESS MEREOF, we have hereunto set hands the f day
oPa%� 1986.
vw•w/.
Can M. Drury, Partner
D. HarAgbr, Partner
;usan E. Harader, Partner
n i n-7-,P)nngg
Partner
Partner
. Moat, Partner
RER3849 467
STATE OF WASHINGTON,
County of King ss.
I, Cindy E. Paulsen a Notary �P�yblic in d for the State of Washington,
do hereby certify that on thisay of 1 ' J , 1986, personally appeared
before me Don M.Drury, Gretchen E Drur L_Allen D Harader Susan
E.Harader, Edward E. Johnson, Tanya H. Johnson,Donald W. Mowat & Kathryn K
to me known to be the individuals described in and who executed the within Mowat
instromt,nt, and acknowledged that they signed and sealed the same as their free
and voluntary act and deed, for the purpose therein mentioned.
n t I,
Given under my hand and official seal this �IQ day of .5986.
Notary Public in and for the
Ii./'1(.State of Washingt
Residing atim
STATE OF WASHINGTON,
County of King ss.
I,Cindv Pau I spn , .a Notary pu1�],ic in nd for the State of Was6aungton,
do hereby certify that on this (�-;day of� , 1986 personally appeared
before me, Guy H. Hockus, to me known to bet individual described in and
who executed the within instrument,.and.acknowledged that he signed and sealed
the same as his free and voluntary act and deed, for the purpose therein mentioned.
j^ �
Given under; my hand and official seal this �,^%'+ay ofi`U-L' 1986.
Filed for record
x607230099
:77: RcroRrj
f: 32 r;
ITS f eNTY Uuli3it
DEPUTY 4V
otary Public in and for the
State of Washingtpp.
Residing at�U'R-/
, 1986 at M., request of the Winslow City Council.
8EE1384f8 468
CITY COUNCIL AGENDA BILL
PUBLIC WORKS DEPARTMENT
Subject: WALLACE WAY ROW VACATION - Date:
Agenda Item: ORDINANCE - 2ND READING Bill No.:
Expenditure Required: $ -O-
Fund Source:
Amount in Budget: $ -o-
Attachments: ORDINANCE 94-24; Ordinance 84-27; Site map.
SUMMARY STATEMENT
10-20-94
In accordance with R94-31, the Public Works Committee held the
required Public Hearing at 7:00 PM, Monday, September 26, 1994.
Based on information and documentation provided, the Public Works
Committee recommends vacation of the area in question to confirm
Ordinance 84-27.
RECOMMENDATION
Approve ORD94-24 confirming the vacation of the referenced public
right-of-way.
Approved Date
Susan P. Kasper, City Clerk
7
file-waMagenda\wallwaylvac
07act94
09/28/94 11:31 FAX 206 635 7750 INSLEE-BEST +++ CITY OF B.I. 121006/009
ORDINANCE NO. 94 - 24
AN ORDINANCE of the City of Bainbridge Island, Washington,
authorizing the vacation of a portion of Wallace Way.
WIJEREAS, on October 4, 1984, the City Council of the City of Winslow held a public
hearing to consider the vacation of the portion of Wallace Way legally described on Exhibit A,
attached hereto and incorporated by thisrefereace, as well as the vacation of other property; and
WHEREAS, in Ordinance No. 84-27, the City Council of the City of Winslow
determined that it was in the best interest of the public health, safety, and general welfare to
vacate the portion of Wallace Way legally described on Exhibit A, and vacated said portion of
Wallace Way; and
WHEREAS, the then owners of theproperty abutting the vacated portion of Wallace Way
dedicated real property to the City as compensation in part for the vacation of the portion of
Wallace Way; and
WHEREAS, the City determined that at the time that Ordinance No. 84-27 was passed,
the City did not hold title to the vacated portion of Wallace Way; and
V41ERBAS, the City has since acquired title to the portion of Wallace Way legally
described on Exhibit A, and desires to accomplish the vacation of the portion of Wallace Way;
and
WHEREAS, by Resolution No. 94-31, as amended, adopted on August 18, 1994, the
City Council set a public hearing on the vacation of the portion of Wallace Way before the
Public Works Committee to be held on September 26, 1994; and
�, the Committee held the hearing at the scheduled time, and following the
hearing, submitted its report and recommendation to the City Council; and
WHEREAS, Thomas and Kathy Petm now own the real property legally described . on
Exhibit B, attached hereto and incorporated by this reference, which abuts the portion of Wallace
Way to be vacated, and have been paying the real property tax on the portion of Wallace Way
to be vacated; and
NVHEREAS, the City Council desires to vacate the portion of Wallace Way legally
described on Exhibit A; now, therefore,
THE CITY COUNCIL OF THE CITY OF BADWRIDGE ISLAND, WASHINGTON,
DO ORDAIN as follows:
P:WM9MAU0069164.01 - 1 -
09/28/94 11:32 FAX 206 635 7750 INSLEE-BEST +.. CITY OF B.I. 0007/009
Secfion 1. The portion of Wallace Way legally described on Exhibit A, is vacated to
Thomas and Kathy Penn, husband and wife, the owners of the real property abutting said portion
of Wallace Way legally described on Exhibit B, subject to retention of the right of the City of
Bainbridge Island to exercise and grant easements for the construction, repair and maintenance
of public utilities and services.
Section 2. This ordinance shall be effective five days from and after its passage,
approval, and publication as required by law.
PASSED by the City Council this day of , 1994.
APPROVED by the Mayor this day of , 1994.
Janet K. West, Mayor
ATTEST/AUTHENITCATE:
Susan P. Kasper, City Clerk
APPROVED AS TO FORM:
Rod P. Kaseguma, City Attorney
FILED Wi1Ti THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLICATION:
EFFECTIVE DATE:
ORDINANCE NO.:
FADNMRAU0069164A1 - 2 -
09/28/94 11:32 FAX Z06 635 7750 INSLEE-BEST ... CITY OF B.I. 0008/009
EX'MIT "A"
The North 50 feet of that portion of the Northeast Quarter of the Southwest Quarter of the
Northwest Quarter of Section 26, Township 25 North, Range 2 East, W.M. in ICtsap County,
State of Washington lying westerly of the West right-of-way margin of State Highway Route 305
and lying easterly of Erickson Avenue Northeast.
FADMSutA X0069321.01 09/23/94 - 1 -
09/28/94 11:32 FAX. 206 635 7750 INSLEE-BEST _+_+� CITY OF B.I. la 009/009
1
Z
3
4
5
6
7
9
10
11
12
13
14
15
16.
17
18
19
20
EXHIBIT "B"
SECTION 26 TOWNSHIP 25 RANGE 2E
(PARCEL.A CITY OF WINSLOW SHORT PLAT RECORDED UNDER AUDITOR
NO 8911140713, W--63) THE NORTH 445.00 FEET OF THE FOLLOWING
DESCRIBED PROPERTY: THAT PORTION OF THE SOUTH -HALF OF THE
NORTHWEST -QUARTER OF SECTION 26, TOWNSHIP 25 NORTH, RANGE 2
EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON
,THE NORTHERLY LIMITS OF SAID SUBDIVISION, WHICH LIES
S88*43157112, A DISTANCE OF 990 FEET FROM THE NORTHWEST
CORNRR OF SAID SUBDIVISION; THENCE S01*1610311% A DISTANCE
OF. 660 FEET; THENCE S88f43157"E, A DISTANCE OF 180 FEET,
MORE OR LESS, TO THE WESTERLY MARGIN OF STATE HIGHWAY 305
(21-A)14 THENCE NORTHERLY, ALONG SAID WESTERLY HIGHWAY
MARGIN, TO THE NORTHERLY LIMITS OF SAID SUSDIVISZON; THENCE
H88*43157"W, ALONG SAID NORTHERLY LIMITS, A DISTANCE OF 155
FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING; EXCEPT
THE WEST 30.00 FEET THEREOF FOR CITY STREET RXCHT-OF-WAY AND
EXCEPT THE NORTH 50.00 FEET THEREOF FOR CITY STREET �.
RIGHT-OF-WAY. EXCEPT THE SOUTHERLY 291.71 FEET THEREOF.
SITUATE IN THE CITY OF WINSLOW, XITSAP COUNTY, WASHINGTON.
TOGETHER WITH THAT PORTION OF CITY STREET TO THE NORTH
VACATED PER'AUDITOR NUMBER 8607250129.
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