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Ordinance No. 2022-10 Relating to Ward Ave NE and NE Ewing Street Vacation (Adopted 061422) RecordedCITY OF BAINBRIDGE ISLAND 202206160103 Ordinance Rec Fee: $219.50 06/16/2022 12:30:51 PM Page 1 of 17 Paul Andrews, Kitsap County Auditor AFTER RECORDING, PLEASE RETURN TO: Public Works — Engineering City of Bainbridge Island 280 Madison Avenue North Bainbridge Island, WA 98110 ORDINANCE NO. 2022-10 Documents Referenced, Assigned or Released: N/A Grantor(s): City of Bainbridge Island, a Washington State municipal corporation Grantees: Isaacs, Varily & Bryan, Trustees, and Artiss, Tracey Jean, Trustee Short Legal Descriptions (Full descriptions in EXHIBIT A) Parcel #: 352502-2-022-2004 PTN. G.L. 2 (SE ''V4, NW ''V4) SEC. 2, T.25N., R.E., W.M., DAF: BAP ON W LN GL 2,366 N OF SW COR GL 2; THENCE N 89°36'20" E 85 FT TO TPOB; THENCE S 39 FT; THENCE N89°36'20"E 202 FT; THENCE N 36 FT; THENCE N22°E 111.88 FT, ML, TO SE COR LOT 3, SP NO. 3630R, REC AFN 8806210074; THENCE ALG S LN SD SP, S87°19'34"W 158.29 FT; THENCE CONT ALG S LN SD SP, S65°04'17"W 84.04 FT; THENCE S5°08'29"W 33.84 FT; THENCE S1°20'42"W 30 FT, ML, TO TPOB; EXCPT S 28 FT OF THE W 100 FT THROF; AND EXCPT WARD AVE NE. Parcel #: 4165-004-001-0103 RES LOT A, BLA REC AFN 201602220081, DEP SURVEY REC AFN 1602220082, VOL. 82 PG 31 SURVEYS, RECORDS KITSAP COUNTY, WA, BEING A PTN OF LOTS 1, 2 AND 3, BLOCK 4, PLEASANT VIEW TOWNSITE, ACC TO PLAT REC VOL. 1 OF PLATS, PG 5, AND PTN GL2, SEC.35, T.25N., R.2E., W.M., WA Parcel #: 4165-004-003-0002 RES LOT B, BLA REC AFN 201602220081, DEP SURVEY REC AFN 1602220082, VOL. 82 PG 31 SURVEYS, RECORDS KITSAP COUNTY, WA, BEING A PTN OF LOT 3, BLOCK 4, PLEASANT VIEW TOWNSITE, ACC TO PLAT REC VOL. 1 OF PLATS, PG 5, TGW PTN VAC MAIN ST PER COMM JOUNAL VOL. 8, PG 439 AND PTN GL2, SEC.35, T.25N., R.2E., W.M., WA Page 1 of 17 202206160103 06/16/2022 12.30.51 PM Page 2 of 17 ORDINANCE NO. 2022-10 AN ORDINANCE of the City of Bainbridge Island, Washington, vacating a portion of Ward Avenue NE and NE Ewing Street abutting Tax Lot Nos. 352502-2-022-2004, 4165-004-001-0103, and 4165-004-003-0002 and dedicating a portion of the existing paved right-of-way in exchange for the vacation. WHEREAS, on March 14, 2022, Varily Isaacs and Tracey Artiss ("Petitioners") filed a petition to vacate portions of dedicated right-of-way abutting Ward Avenue NE and NE Ewing Street as shown in Exhibit C attached hereto; and WHEREAS, the vacation of the portion of Ward Avenue NE at issue has never been opened or used as public right-of-way; and WHEREAS, the vacation of the portion of NE Ewing Street at issue has never been opened or used as public right-of-way; and WHEREAS, the proposed road vacation is to correct the alignment of the platted right- of-way of Ward Avenue NE and NE Ewing Street as relates to the existing paved roadway. The existing paved roadway has been used and maintained for decades. The portion of NE Ewing Street to be vacated will be an exchange for an approximately equal area as the area to be dedicated along Ward Avenue NE, depicted in Exhibit C, and the Petitioners propose to record the dedication of the existing paved right-of-way with the recordation of this ordinance; and WHEREAS, on March 30, 2022, the Director of Public Works certified the petition to be 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") Section 12.34.060; and WHEREAS, by Resolution No. 2022-18, the City Council set a public hearing before the Council on the proposed vacation for June 14, 2022; and WHEREAS, City staff posted, published, and mailed notices of the public hearing in accordance with BIMC 12.34.080 and Chapter 35.79 RCW; and WHEREAS, BIMC 12.34.110 authorizes the vacation of the portion of the street at issue 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 June 14, 2022; and Page 2 of 17 202206160103 06/16/2022 12.30.51 PM Page 3 of 17 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, governmental agencies, or members of the general public; and WHEREAS, a vacation of the right-of-way will better serve the public as the vacation is a correction measure because the area at issue has never been used as public right-of-way and a residential structure is currently within the area at issue as depicted in Exhibit C; and WHEREAS, the City Council has considered whether conditions may change in the future to provide a greater use or need than presently exists; and WHEREAS, the City Council has considered the criteria set forth in BIMC 12.34.110 to determine whether to vacate the portions of Ward Avenue NE and NE Ewing Street issue; and WHEREAS, the City Council desires to vacate portions of Ward Avenue NE and NE Ewing legally described in Exhibit B and depicted in Exhibit C and to accept the Petitioners' proposal to transfer the real property legally described and depicted in Exhibit D; and WHEREAS, upon passage of this ordinance, the applicable Petitioner will submit a signed notarized deed dedicating the 2,078 square feet of right-of-way to the City in the form attached hereto as Exhibit D and made a part hereof by this reference; and WHEREAS, upon passage of this ordinance, the applicable Petitioner will submit a signed and notarized right-of-way deed in the form attached hereto as Exhibit D transferring a portion of Parcel No. 4165-004-001-0103 to align such parcel with the new right-of-way. 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, 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 proposed road vacation and dedication will better serve the public as it is a correction measure to realign the right-of-way for Ward Avenue NE and NE Ewing Street. B. The platted right-of-way is not required for public use as it is currently mapped on private property, i.e., the subject abutting property owner's front yard. C. The proposed road vacation will be more useful for the public as it is a corrective measure to realign Ward Avenue NE so that the platted and physical roadway is the same. Page 3 of 17 202206160103 06/16/2022 12.30.51 PM Page 4 of 17 D. This proposal will provide a greater use than presently exists because it is a corrective measure related to the proper physical location of the roadway as well as what is mapped for both private and public property. It is not expected that conditions may so change in the future as to provide a greater use or need than presently exists. E. 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 governmental agencies or members of the general public. Section 3. Vacation. The portion of right-of-way abutting Tax Lot Nos. 352502-2- 022-2004, 4165-004-001-0103, and 4165-004-003-0002 and as described in Exhibit B (legal description) and depicted in Exhibit C (map) attached and incorporated by reference is vacated to Isaacs, Varily and Bryan, Trustees, and Artiss Tracey Jean, Trustee, subject to compliance with the provisions of Chapter 12.34 of the Bainbridge Island Municipal Code. 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 that Tax Lot Nos. 352502-2-022-2004 and 350202-2-023-2003 have an existing easement for a driveway, Tax Lot Nos. 352502-2-022-2004 and 352502-2-023-2003 have an existing easement for Puget Sound Energy utilities, and Tax Lot Nos. 4165-004-001- 0103 and 4165-004-003-0002 have an existing easement for Puget Sound Energy utilities 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. Payment of Compensation. The owners of the lots abutting the right-of- way have granted the dedication described in Exhibit B to the City in lieu of payment of compensation for the vacation of the right-of-way, in accordance with BIMC 12.34.135. The Director of Public Works determined the fair market value of the real property proposed to be dedicated to the City in lieu of cash payment under BIMC 12.34.130 and BIMC 12.34.135, in accordance with the appraisal procedures set forth in BIMC 12.34.140. The fair market value of the right-of-way dedication is approximately equal to the fair market value of the right-of-way vacated and, therefore, the owners of lots abutting the right-of-way are not required to pay compensation for the right-of-way vacation in accordance with BIMC 12.34.135. Additionally, pursuant to BIMC 12.34.130, the proposed road vacation abutting Ward Avenue NE is associated with a land use action required by the City as a condition of permit approval and, therefore, the owners at issue shall not be required to pay compensation for the area to be vacated abutting Ward Avenue NE. Section 6. That portion of Ward Avenue NE abutting Tax Lot No. 352502-2-022- 2004 is vacated to Varily and Bryan Isaacs, Trustees, and the portion of NE Ewing Steet abutting Tax Lot Nos. 4165-004-001-0103 and 4165-004-003-0002 is vacated to Tracey Jean Artiss, Trustee. Section 7. Recording. Upon receipt of the deed from the Petitioners dedicating the new right-of-way to the City in the form attached hereto as Exhibit D, the City Clerk is Page 4 of 17 202206160103 06/16/2022 12.30.51 PM Page 5 of 17 authorized and directed to record a certified copy of this ordinance and the deed with the Kitsap County Auditor's office. Section 8. 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 June, 2022. APPROVED by the Mayor this 14th day of June, 2022. Joe D ets, Mayor ATTEST/AUTHENTICATE: Christine Brown, C, City Clerk FILED WITH THE CITY CLERK: June 10, 2022 PASSED BY THE CITY COUNCIL: June 14, 2022 PUBLISHED: June 24, 2022 EFFECTIVE DATE: June 29, 2022 ORDINANCE NUMBER: 2022-10 Attachments: Exhibit A Exhibit B Exhibit C Exhibit D Page 5of17 202206160103 06/16/2022 12.30.51 PM Page 6 of 17 EXHIBIT A Parcel #: 352502-2-022-2004 That portion of Government Lot 2, Section 35, Township 25 North, Range 2 East, W.M., in Kitsap County, Washington, described as follows: Beginning at a point on the West line of Government Lot 2, 366 feet north of the southwest corner of Government Lot 2; Thence North 89°36'20" East 85 feet to the Point of Beginning; Thence South 39 feet; Thence North 89°36'20" East 202 feet; Thence North 36 feet; Thence North 22' East 111.88 feet, more or less, to the southeast corner of Lot 3, Short Plat No. 3630r as recorded under Auditors File No. 8806210074; Thence along the south line of said short plat, South 87°19'34" West 158.29 feet; Thence continuing along the south line of said short plat, South 65°04' 17" West 84.04 feet; Thence South 15°08'29" West 33.84; Thence South 1°20'42" West 30 feet, more or less to the True Point of Beginning; EXCEPT The south 28 feet of the west 100 feet thereof, AND EXCEPT Ward Ave NE. Parcel #: 4165-004-001-0103 Resultant Lot A of Boundary Line Adjustment recorded under Auditor's File No. 201602220081, and as depicted on survey recorded under Auditor's File No. 201602220082, in Volume 82 of Surveys, page 31, records of Kitsap County, Washington, being a portion of Lots 1, 2 And 3, Block 4, Pleasant View Townsite, according to plat recorded in Volume 1 of Plats, page 5, and a portion of Government Lot 2, Section 35, Township 25 North, Range 2 East, W.M., Kitsap County, Washington. Parcel #: 4165-004-003-0002 Resultant Lot B of Boundary Line Adjustment recorded under Auditor's File No. 201602220081, and as depicted on survey recorded under Auditor's File No. 201602220082, in Volume 82 of surveys, page 31, records of Kitsap County, Washington, being a portion of Lot 3, Block 4, Pleasant View Townsite, according to plat recorded in Volume 1 of plats, page 5, TOGETHER with a portion of the vacated Main Street as per Commissioner's Journal Volume 8, page 439, and a portion of Government Lot 2, Section 35, Township 25 North, Range 2 East, W.M., Kitsap County, Washington. Page 6 of 17 202206160103 06/16/2022 12.30-51 PM Page 7 of 17 EXHIBIT B LEGAL DESCRIPTION OF RIGHT-OF-WAY VACATION AREA ARAM e GOLDSWORTHY 0 OAK 1415 NE Hostmark Sugar, Suite 103 PDulsbo, WA 98370 A 0 Land Surveying_ _LLC 361).779.4299 2DE-942.9598 G Date- March 28 '. 2022 Job Name: lsaacs/Artiss Job No.: 19-0667 LEGAL I)ESCRI PTIONS OF RIGHT OF WAY VACATION & DEDICATION AREAS DESCRIPTION OF RIC . I IT OF WAY VACATION A REA NO. I (Lsaacs) That ol'GoYA�rimmcnt Lot 2. Section 35.1TOwnship 25 North, Range 2 1 nst, W.M., 'it}` of Bit i n b ridgc I S I a Ild, K i t sap C Oil rlty. wn 9 h. ill gtall, do sc ri bed tIs l'ol 1 OWS: Communc ing ill a Stindard County Reference Mwmnent at the West parler corner of swirl (!cflon 35 firorn which it 1/2" iron pipe m East quarler corner of said SLc[icn 35 bears SOLIdi 38'-57'00", Eam 5272.78 fc(!t-I 'FkncL along the U.'ast-Wesi centerline of said Section -35. SOUth. 98"57'00- Fast 1604- 19 feet to (lie ex to ris ion o f (lie West e rl v ri g1l I o f wa V I i n e I �pr Wa rd A ven tic NI Thence leaving %aal cLnlcrhu glow, sand wl,sm-ly right ol"wily line. North 01'23'02-1-1'test 327o23 N-vt lo ii 314" iron pipe set by A G 0 Land Surveyin marking the S01.11[hCaSt corner ofthe Pfli'M NLII-VCCd 11011'Val-ily ISRacs.. recorcicd in Volume 88 of.surveys, Page 59, records ol'Kitsap County and the Y'RLE Point Of 13tI21jI11`1iIlg- Thence conthming alolig said Westerly right of way line, Noilh 01'23'02" [:a sl '16.00 fect to as 3/4" iron pipe set 1-ty A G 0 1-mid Surveying marking an angle pohit in the East line ofsaid siorveycd parccl-- Thence conthlklrng along said Westerly right of way I irle, North 23123'02" I"lam 1 O5-92 ficet to a 3/4" Iron pipe set by A (r 0 1,arid Surveying marking tho Nortbeam comer of-sairl stirveylcd parcel; 'I'licilec along the cmension of the North Iine ofsaid NLIrVC)Td ]MITC16 South 87"17114" [-'zst 19.67 feces Thence leaving said extension of North firle. Soulh 22'58'30" West 1 43.81 feei-. Tb c n cc Nop 111 8 8`_1 T00" W cst 642 fed to I [I c � t'raic I loi I] ( cif 13L L, i li il I'll g, (Con m i ri I ri ig 2.471 sq - 11.) Page 7 of 17 202206160103 06/16/2022 12.30-51 PM Page 8 of 17 Baal d escri pt ion s of right of way va cat ion & d ed ic at J oti areas coll"I') n Lie d - .. ............. DESCRIPTION OF RIGHT OF WAY VACATION AREA NO, 3 FOR TRACE Y ARTISS Thm portim oi'Govurnmeni Lot 2, 'Suction 35, Township 25 North. Range 2 1"a9l, W-M., (-'ily oi- Bainbrklgis Island, Kitsap Counly, WashingLon, described as 1,0flows: Commen6 ngat a Standard (.ount�' Ot 04C WCS1 (ILlarlCr COHICF 0 f said Section 35 firom wh 10i a 1)2'' iron pipe at F.aq CtUarjor otirner ol'said Scinion 35 karS Soudl 9815 7 7 00" lust 5272.79 6eet; Thei ii e a I oi I g the E i st - Wcm mi I erl i ii u o IF sa i d Section 35, S u u th 88"5 71 00 " 1-:ast 1034. 18 feet to the cmension of(k EaStffly right of way line fbi- Ward Avellue NI-l-, Thence leaving Said centerlime along utid Ia-merly right of %vay I ijw, Nortli 0 1'23 -'02" Fast 357.23 fect; I-IIQ[LCC C0111illt,lijiLl U10[14r Sai(I 1-asterly right of miy line. North 23"23'02" I"ast 86.14 ('Cet- 'I'licricc coritinu iljL', aalon &ji(l l2a.-te]- right cF way I i lie.. Sou I h 67101 ' 3 0" 17-ast 18. 55 I-cet - ly 1,11011cc coritirillingalongsaid 12asterly right ofvay line, North 22159'30" Karst 150-00 feet to the intersection Ivith the Solliller13, riglit ot'Nvay line 16r NI; 17wing ScrQet ancl lb:TrLIC Nifll of Beguirlirig: Timice along the s,Liid Soutlict-ly right ofway line. South 67'01'30" F:ast 18150 feet: Thence ICWing:sand Southerly 1'iglll 01'%vay line., North 22'58'30" Fast 10.00 fieel-, Thence North 670 1 '30" West 177.50 I -eel -, Themo (III ii 5.00 foot radiUS CLUNG tO 1114-- left,, fli-c center ol'which btal's SOLItIl 2 2t'5 8'3 0- Wcsl, di roto g h to cc n U it I N ng I e o 1'90"00'00". all arc distance o f 7 . 8 5 test to said 1:-aster I y right 0 r way I i lie.. I -hence ahmig Said Iasterly righl of way line, SOLLth 22159301-' West 5-00 feet to lliTrue Poiat of R v i (Containing 1,820 sq. ft) Page 8 of 17 202206160103 06/16/2022 12.30-51 PM Page 9 of 17 Legal dcscripdons ofrigh( of;,Nav vacati I ori &, ded.ication areas continthed. . ........... .. . DESCRIPTION OF RIG14T OF WAY DEDICA,nON AREA That porllors of Gommment Lot 2, Section 35, Township 25 North, Range 2 Fam, W.M., City of JbIribridoc Island. Uskip COMICY, Washimtoii.. descrihed,,n follows,, C, Commencing at a Standard Counly Rcf6rciicc Montancill al the Wcs[ quarter corner Of said Section 25 from w1fich a 1/2" Irnii pipe as East quarter cornea of said Secdon 35 bears Soulli 88157`00" Flasi 5272-78 fim� Tknce along (lie Last Vest ecruci-line of'said Section 35, Soufli 98'57'00", East 1634- 18 I-cet to flic cx1ension of the Emterly right ofway line for Ward AvenLie Thence leaving said centerline along saicl Fastcdv right of -way liae, North 01'23'02 Enst 312.20 feet to (lie True 130illit DNIC�Iifflliffil; Th(,FICC COIat,inniri aLklllg Sidd I'aslerly right of way fine, Noilli 01'23'07" East 4497 I-cet. Th C CIC U C011t i 11 LI i ii g a I upig sa i d Easterly ri L-, [it o f wa v I j n c-, N o rt 112 3'2 3'02 " T- ra.q 86- [ 4 No; I'l I C 1IC4: C0111 i 11 LI i 11B a I c) nu staid Easterly right 01"wav lake:, Soutli 67'01'30" Fast 18.55 ficel; Thence leaving said Easterly right dal way line, South 22'M'30" Vest 12689 fect.. Nooh 88'58136" West 2.82 feet to Ilse True Point ofBeginning. 3)29L)2 (Conlainim, 2,( 78 sq. it.) Page 9 of 17 202206160103 06/16/2022 12.30-51 PM Page 10 of 17 EXHIBIT C SHOWING BOTH VACATION & DEDICATION AREAS A901,Gde .&ye Jn�xv 104x" C rant fi",qLh, of 40' Rot of ftf Q5, of lFjy ;aq Arm- 2 76 Arecrr, 00 Wjy .3ff 82, P-ge !Y. �v y recsrds o, 'Mi� U,,lmy, W"Agrw. i !, ------------- -------- rAffiroyly-MM Afap of -R�qhl of Kqy VaeafionlOdediralion ,4ivas u kw envi ut Government Lot 2 SEC. 35, T 25N., R. 2E, W M. teqff�d CWY C�e L?0r47b(7dge lEig�J, C09�,lf, WU-O?Rg�a? poKww.' pprW�- ARAM - COLD S WOR THY - OA K &Aeg?mnled 0"Y"ily Tor A G 0 LAND SURVE)ING, LLC APAMN6 6667.90PL, OAT DI'121 Pr000sed Vacated Area PMDOSed Dedicated Area Page 10 of 17 202206160103 06/16/2022 12.30.51 PM Page 11 of 17 EXHIBIT D FORM OF RIGHT-OF-WAY DEED (Attached) Page 11 of 17 202206160103 06/16/2022 12.30.51 PM Page 12 of 17 AFTER RECORDING, PLEASE RETURN TO: Public Works - Engineering City of Bainbridge Island 280 Madison Avenue North Bainbridge Island, WA 98110 RIGHT-OF-WAY DEED Documents Referenced, Assigned or Released: N/A Grantor(s): [Insert Name of Grantor(s)] Grantee: City of Bainbridge Island, a Washington State municipal corporation Short Legal Description: [ ] City of Bainbridge Island, Kitsap County, Washington, (Complete legal description on Exhibit A) Assessor's Property Tax Parcel/Account Number(s): Page 12 of 17 202206160103 06/16/2022 12.30.51 PM Page 13 of 17 RIGHT-OF-WAY DEED THIS RIGHT-OF-WAY DEED ("Deed") is conveyed by [Insert name of Grantor] ("Grantor") and accepted by the City of Bainbridge Island, a Washington State municipal corporation, ("City" or "Grantee") as follows: A. Grantor is the fee owner of the real property, which is situated in Bainbridge Island, Kitsap County, Washington, and is legally described on Exhibit A, which is attached hereto and incorporated herein by this reference ("Grantor's Property"). B. Grantor desires to convey to the City a portion of Grantor's Property for right-of- way purposes, in accordance herewith. NOW, THEREFORE, the Grantor, for and in consideration of the benefits of a public right-of- way and other good and valuable consideration, hereby warrants and conveys to the City that portion of Grantor's Property, which is legally described on Exhibit B and depicted on Exhibit C, which are both attached hereto and incorporated herein by this reference ("Right -of -Way"), in fee simple and not as an easement, for use and occupancy by the City, including for the construction, development, maintenance, repair, replacement, and public use of: (i) a roadway; (ii) other reasonable and appropriate uses appurtenant to a municipal roadway and utility installation and use, including, without limitation, sidewalks, curbs, gutters, and utility facilities; and (iii) utility facilities for the benefit and use of the City and utility purveyors. In addition, Grantor further grants to the City a perpetual, nonexclusive easement for making and undertaking all necessary slopes for cuts and fills incident or appurtenant to the construction and maintenance of roadway slopes and stormwater conveyances in excavation and/or embankment for roadway purposes, in conformity with City engineering design and development standards for roadways, over, under, upon, and across the portion of the Grantor's Property abutting the right-of-way. IN WITNESS WHEREOF, the Grantor has conveyed, and the City has accepted, this Deed as of the later of the signature dates below. GRANTOR: [Grantor's Name] By: Title: GRANTEE: City of Bainbridge Island I0 Chris Wierzbicki Director of Public Works Page 13 of 17 202206160103 06/16/2022 12.30.51 PM Page 14 of 17 STATE OF WASHINGTON ) ) ss: COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that they signed this instrument and acknowledged it to be his/her free and voluntary act for the uses and purposes mentioned in the instrument. Given under my hand and seal this _ day of , 20 Notary Public in and for the State of Washington, residing at. My commission expires: STATE OF WASHINGTON ) ) ss: COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the of the City of Bainbridge Island to be the free and voluntary act of such entity for the uses and purposes mentioned in the instrument. Given under my hand and seal this day of 20 Notary Public in and for the State of Washington, residing at. My commission expires: Page 14 of 17 202206160103 06/16/2022 12.30.51 PM Page 15 of 17 EXHIBIT A LEGAL DESCRIPTION OF GRANTOR'S PROPERTY Page 15of17 202206160103 06/16/2022 12.30.51 PM Page 16 of 17 EXHIBIT B DESCRIPTION OF RIGHT-OF-WAY DEED AREA Page 16 of 17 202206160103 06/16/2022 12.30.51 PM Page 17 of 17 EXHIBIT C RIGHT-OF-WAY DEED AREA SKETCH (Attached) Page 17 of 17