Ordinance No. 2021-32 Relating to Unnamed Path, 1912 Chautauqua Replat Street VacationPage 1 of 6
AFTER RECORDING, PLEASE RETURN TO:
Deputy City Clerk
City of Bainbridge Island
280 Madison Ave. North
Bainbridge Island, WA 98110
ORDINANCE NO. 2021-32
Documents Referenced,
Assigned or Released: N/A
Grantor(s): City of Bainbridge Island, a Washington State municipal
corporation
Grantees: JOMOJO HAWAII LLC
Short Legal Description: Parcel #: 4140-009-004-0109
Res. Parcel C, BLA AFN 200905180311, ptn. Chautauqua Replat
Vol. 4, pg. 15 plats, records Kitsap County,
Ptn. G.L 1, (NE ¼, NE ¼,) Sec. 14, T.25N., R.2E., W.M.
City of Bainbridge Island, Kitsap County, WA.
Parcel #: 4140-010-004-0305
Res. Parcel A, agreement AFN 202105050344, ptn. Chautauqua
Replat Vol. 4, pg. 15 plats, records Kitsap County,
Ptn. G.L 1, (NE ¼, NE ¼,) Sec. 14, T.25N., R.2E., W.M.
City of Bainbridge Island, Kitsap County, WA.
Assessor’s Property Tax
Parcel/Account Number(s): 4140-009-004-0109 and 4140-010-004-0305
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ORDINANCE NO. 2021-32
AN ORDINANCE of the City of Bainbridge Island, Washington,
vacating a portion of Unnamed Path, 1912 Chautauqua Replat
abutting Tax Lot Nos. 4140-009-004-0109 and 4140-010-004-
0305.
WHEREAS, on September 7, 2021, JOMOJO HAWAII LLC (“Petitioners”) filed a
petition to vacate a portion of dedicated right-of-way abutting Unnamed Path, 1912 Chautauqua
Replat as shown on Exhibit B attached hereto; and
WHEREAS, the vacation of the portion of the street at issue has never been used as
public right-of-way; and
WHEREAS, the vacation of the portion of the street at issue is to correct the use as
currently there is a residential structure over the path as depicted on Exhibit B; and
WHEREAS, on September 22, 2021, the Director of Public Works certified that the
petition was legally sufficient having been signed by 100% of the owners of property abutting
said right-of-way, exceeding the two-thirds requirement of Bainbridge Island Municipal Code
(“BIMC”) 12.34.060; and
WHEREAS, by Resolution No. 2021-12, the City Council set a public hearing before the
Council on the proposed vacation for November 9, 2021; and
WHEREAS, City staff posted, published, and mailed notices of the public hearing in
accordance with BIMC 12.34.080; and
WHEREAS, BIMC 12.34.110 authorizes the vacation of the portion of the street at issue
here and further authorizes the City Council to retain easements for construction, repair, and
maintenance of existing and future utilities and services as well as to condition or limit a street
vacation as the Council deems necessary to preserve any desired public use or benefit; and
WHEREAS, the City Council held the public hearing at the scheduled time and heard
testimony from all interested parties on November 9, 2021; and
WHEREAS, the City Council has considered any objections to the proposed vacation that
were made as part of this process by owners of private property abutting the street or other
governmental agencies or members of the general public; and
WHEREAS, a vacation of the right-of-way will better serve the public as it’s a correction
measure due to it has never been used as public right-of-way and a residential structure currently
resides over the path as depicted on Exhibit B; and
WHEREAS, the City Council has considered whether conditions may change in the
future as to provide a greater use or need than presently exists; and
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WHEREAS, the City Council has considered the criteria set forth in BIMC 12.34.110 to
determine whether to vacate portion of Unnamed Path, 1912 Chautauqua Replat at issue here; and
WHEREAS, the City Council desires to vacate a portion of Unnamed Path, 1912
Chautauqua Replat legally described on Exhibit A and depicted on Exhibit B; now therefore,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE
ISLAND, WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. Criteria. The City Council considered the criteria set forth in BIMC
12.34.110 to determine whether to vacate the portion of the right-of-way at issue here, including
whether the substitution of a new and different public way would be more useful to the public.
Section 2. Findings, Declarations, and Statements. The City Council adopts the
following findings, makes the following declarations, and enters the following statements, which
address the requirements of BIMC 12.34.110:
A. The City Council does not expect that conditions may so change in the future as
to provide a greater use or need than presently exists; and
B. The City Council has considered any objections to the proposed vacation made by
owners of private property (exclusive of Petitioners) abutting the street, as well as any objections
made by other governmental agencies or members of the general public.
Section 3. Vacation. The portion of right-of-way abutting Tax Lot No. 4140-009-
004-0109 and Tax Lot No. 4140-010-004-0305 and as described on Exhibit A (legal description)
and depicted on Exhibit B (map) attached and incorporated by reference, is vacated to JOMOJO
HAWAII LLC subject to compliance with the provisions of Chapter 12.34 of the Bainbridge
Island Municipal Code, including payment of the full appraised value of the right-of-way.
Section 4. Reservation of Easements. The City Council conditions the vacation on
the reservation and retention of any existing easements benefitting the City in the street vacation
area, recognizing the Kitsap Public Utility District (KPUD) has an existing easement for water
facilities recorded within the street vacation area. Any existing utilities located in the roadway
area that will be dedicated to the City as part of this vacation will continue to be governed by
franchise or similar agreements.
Section 5. Recording. The City Clerk is authorized and directed to record a certified
copy of this ordinance and the deed with the Kitsap County Auditor’s office.
Section 6. Severability. Should any section, paragraph, sentence, clause, or phrase of
this ordinance, or its application to any person or circumstance, be declared unconstitutional or
otherwise invalid for any reason, or should any portion of this ordinance be preempted by state
or federal law or regulation, such decision or preemption shall not affect the validity of the
remaining portions of this ordinance or its application to other persons or circumstances.
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Section 7. Effective Date. This ordinance shall be effective five (5) days from and
after its passage, approval, and publication as required by law.
PASSED by the City Council this 14th day of December, 2021.
APPROVED by the Mayor this 14th day of December, 2021.
Rasham Nassar, Mayor
ATTEST/AUTHENTICATE:
Christine Brown, MMC, City Clerk
FILED WITH THE CITY CLERK: November 5, 2021
PASSED BY THE CITY COUNCIL: December 14, 2021
PUBLISHED: December 24, 2021
EFFECTIVE DATE: December 29, 2021
ORDINANCE NUMBER: 2021-32
ATTACHMENTS: Exhibits A – B
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EXHIBIT A
LEGAL DESCRIPTION OF RIGHT-OF-WAY VACATION AREA
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EXHIBIT B