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ORD 2004-06 POINT MONROE DRIVE VACATIONAFTER RECORDING RETURN TO: Susan P. Kasper City Clerk 280 Madison Avenue N. Bainbrdge Is., WA 98110 05?85?8884 18: 44P CITY OF BAINBRIDGE ISLAND ORD $81,88 Kitsap Co, WA ORDINANCE NO. 2004 - 06 AN ORDINANCE of the City of Bainbridge Island, Washington vacating a portion of Point Monroe Drive. WHEREAS, a petition to vacate a portion of Point Monroe Drive was filed with the City as described on the attached drawing; and WHEREAS, Frederick B. & Julie P. Gould, the owners of lots 71, 72, 86 and 87, Plat of Madison Beach, Volume 5 of Plats, Page 14, Records of Kitsap County, Washington, and Roger Scott and Cindy Scott, owners of lots 73 and 85, of the same Plat, are the properties abutting the portion of Point Monroe Drive requested to be vacated; and WHEREAS, Petitioners Gould and Scott have agreed to dedicate to the City a strip of right-of-way of equal width that encompasses the existing roadway and Petitioners propose to record the dedication simultaneously with the passage of this ordinance; and WHEREAS, on March 24, 2004, the City Council adopted Resolution No. 2004-09 setting a public hearing before the Public Works & Transportation Committee on the proposed right-of-way vacation for April 19, 2004; and WHEREAS, on April 19, 2004 the Committee held a public heating on the proposed right-of-way vacation; and WHEREAS, on April 19, 2004, the Committee determined that it is in the best interests of the public health, safety and welfare to vacate the proposed right-of-way and accept the dedication of right-of-way of equal width; and WHEREAS, the proposed right-of-way vacation will enable the City to quiet title to a right-of-way over the existing roadway; and H:\City Exchange\OrdinancesL2004 OrdinancesL2004-06_Pt Monroe Drive Rd Vacation CC 041404 Revised 041404.doc Page 1 of 3 WHEREAS, Upon receipt from petitioners Gould and Scott of signed and notarized deeds dedicating 20 feet of right-of-way that includes the existing roadway of Point Monroe Drive in a form acceptable to the Public Works director.; now, therefore THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That portion of the right-of-way known as Point Monroe Drive, which abuts Lots 71, 72, 73, 85, 86, and 87, as depicted on Exhibit A, attached and incorporated by reference, shall be vacated. Section 2. Upon receipt of the deeds, the City Clerk is authorized and directed to record a certified copy of this ordinance and the deeds with the Kitsap County Auditor's office. Section 3. If petitioners Gould and Scott fail to file the deed within 10 days of the passage of this ordinance, this ordinance shall be null and void. Section 4. Pursuant to BIMC 12.34.130 (B), compensation for the vacated property shall not be required, and petitioners Gould and Scott have otherwise complied with the provisions of Chapter 12.34 BIMC Section 5. This Ordinance shall be effective five (5) days from and after it's passage, approval, and publication as required by law. PASSED by the City Council this 28th day of April, 2004. APPROVED by the MaYOr this 29th day of April, 2004. ATTEST/AUTHENTICATE: Susan P. Kasper, City Clerk Darlene Kord~no~vy, Mayor~ CITY OF BAINBRIDGE ISLAND ORD ~1.00 Kitsap Co, I~A H:\City Exchange\Ordinances~2004 OrdinancesL2004-06_Pt Monroe Drive Rd Vacation CC 041404 Revised 041404.doc Page 2 of 3 FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLICATION: EFFECTIVE DATE: ORDINANCE NO.: 2004-06 April6,2004 Aph128,2004 May5,2004 May l0,2004 Jill Illll Illlll Illl IIIll Illllll IIIII II1 Ill IIII Ill CITY OF BAIt.IBRIDGE ISLAI.ID ORD t~l.OO Kitsap Co, JlA H:\City Exchange\OrdinancesX2004 OrdinancesX2004-06_Pt Monroe Drive Rd Vacation CC 041404 Revised 041404.doc Page 3 of 3