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ORD 2004-30 NE SOUTH BEACH ROAD VACATIONISLAND CITY OF OEID $21.Q0 Kitsmp Co, WA When Recorded Return to: Name: Bainbridge Island City Clerk Address: 280 Madison Avenue N. Bainbridge Island, WA 98110 - 1812 Document Title: Ordinance No. 2004-30 Reference Number of Document Assigned or Released: Not Applicable Grantor's Name: City of Bainbridge Island Grantee's Name: Not Applicable Tax Parcel #: Not Applicable Abbreviated Legal Description: A portion of Government Lot 4, Section 14 and Government Lot 1, Section 15, all in Township 24 North, Range 2 East, Willamette Meridian ORDINANCE NO. 2004-30 AN ORDINANCE of the City of Bainbridge Island, Washington granting a road vacation for a portion of NE South Beach Road abutting Tax Lot No. 152402-1-001-2006, and Tax Lot No. 152402-1-002-2005. WHEREAS, SL Properties, the owners of Tax Lot No. 152402-1-001-2006, filed a petition with the City Council to vacate that portion of NE South Beach Road abutting such real property; and WHEREAS, notice has been posted and published according to law; and WHEREAS, the City Council fixed a public hearing on the petition before the Public Works Committee on November 29, 1999 at 4:30 p.m.; and H:\City Exchange\OrdinancesX2004 OrdinancesX2004-30_South_Road_Vac_Ord_l 11004.doc Pg. 1 of 3 WHEREAS, the Public Works Committee held the hearing at the scheduled time, following the heating, and the Public Works Committee asked the petitioners to incorporate the concerns heard at the public hearing into their plans and design, and WHEREAS, the applicant returned to the Public Works Committee with revised plans and drawings on March 19, 2001 and the Public Works Committee recommends this Ordinance to City Council recommending a road vacation and dedication which meets the requirements of the previous Public Works Committee hearing with conditions described in the staff report to be met to the satisfaction of the City Engineer prior to final reading, and WHEREAS, SL Properties have complied with the provisions of Chapter 12.34 of the Municipal Code, including payment of the one-half of the full appraised value of the net right- of-way to be vacated; and WHEREAS, the City Council desires to vacate the right-of-way; now, therefore, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Vacation. That portion of NE South Beach Road abutting Tax Lot No. 152402-1-001-2006 and Tax Lot No. 152402-1-002-2005, and as described on Exhibit A and Exhibit A-1, (legal description) and depicted on Exhibit B, (map) attached and incorporated by reference, is vacated to SL Properties and John G. Steiner. Section 2. Reservation of Easements. An easement is reserved across the vacated area to Puget Sound Energy and Qwest for the operation and maintenance of overhead electrical power and telecommunication lines. Section 3. Effective Date. This Ordinance shall be effective five (5) days from and after it's passage, approval, publication, and posting as required by law. PASSED by the City Council this 10th day of November, 2004 APPROVED by the Mayor this 12th day of November, 2004 Mayor H:\City Exchange\OrdinancesL2004 Ordinances~2004-30_South_Road_Vac_Ord_l 11004.doc Pg. 2 of 3 BI~IttBRIDGE I.C.:LRtqD F.:ITY OF I)~:D ~1.00 t.:'.i+,sap Co, lift ATTEST/AUTHENTICATE: Susan P. Kasper, City Clerk FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLICATION: EFFECTIVE DATE: ORDINANCE NO.: 2004-30 April 4, 2001 November 10, 2004 November 17, 2004 November 22, 2004 H:\City Exchange\OrdinancesL2004 OrdinancesX2004-30_South_Road_Vac_Ord_l 11004.doc Pg. 3 of 3 June 16, 2004 SOUTH BEACH CONDOMINIUMS, L.L.C. -JOB N0.02-2968 NE SOUTH BEACH ROAD RIGHT OF WAY DEED E}C1~33TT A Common Elements of South Beach, A Condominium, as recorded in Volume 6 of Condo**++*+i~t, Pages 120 through 127, inclusive, under Auditor's File No. 200301230038, according to the Declaration theteot; recorded under Auditor's File No. 200301230039 and amended under Auditor's Fde No. 200306090407, records of ICitsap County, Washington, situate in xitsap county, Washington. I~ ~~11 P~ +4~0~ se sm2 SOUTH BERCH COt~OS RuD !23.88 Kitsap Co. uH June 16,.2004 SOUTH BEACH CONDOMINIUMS, L.L.C. -JOB N0.02-2968 NE SOUTH BEACH ROAD RIGHT OF WAY DEED Ea~TT B RIGHT OF WAY DEDICATION AREA That portion of Government Lot 4, Suction 14, Township 24 North, Range 2 East, W.M., City of Bainbridge Island, ICitsap County, Washiagtoq described as follows: Beginning at the Northwest corner of said Section 14; Thence along the West line thereof South 00°26' 14 E, 744.64 feet; Thence North 38°S9'ST' West 44.37 feet; Thence South S 1°38'03° West 19.99 feet to the Northeasterly right of way of NE South Beach Road; Thence along said right of way, South 39°00'00" East 70.03 feet to the True Point of Beginning; Thence continuing along said right of way, South 39°00'00" East, 78.15 feet; Thence continuing along said right of way on a 333.31 foot radius curve to the left, through a central angle of 17°33'32", an arc distance of 102.15 feet; Thence leaving said right of way, North S1°38'03" East 21.12 feet; Thence Northwesterly on a 313.31 foot radius curve to the right the center of which bears North 32° 14'04" East, through a central angle of 06°12' I T', an arc distance of 33.93 feet; Thence South SO°28'OS" West 12.27 feet; Thence North 39°31'SS" West 36.83 feet; Thence on a 441.00 foot radius curve to the left through a central angle of 14°24' 16", an arc distance of 11.0.87 feet to the True Point of Beginning. II~~~II'~~I~IIIIO ~~I~I~I~III'I~I'II~I~II~I~ P~9 ~4 4~p 501 O2 SOUtH BEflGI L' 'VIII IA/!4/2884 IB 5?fl ClNDOS RtiD >t'3.66 Kitsap Co, lei s h a F' U did ~ ~~.~ V U ~ y 3 . ~ ~, ~ N .o ~ tl ,~ & wed' w O O O ~ a b c w 6 ~~ ~ o V `U i`ji~~ It~~~ ~~---~~, ~~ Mr`'~ / ti ~~~ '~, .~,~ ;ab`. v. /s.} . /- ~~ ~ / /' i r~` ~' --~; '~ :: ,_' ~-' :` r y w'' CY; E: cn T ~~ -i . C -~ O t) :: ~~ G t;~ ,~ U ~. ~~ ~ ~~ V . i t ~~ ~; ~ ~ ~~ ~~ ~~ ~~ ~® ~ ~ _ ~~ ~ °s~ ai ~iiilllififfflflVIIIIIIIII I~Ilfilll~~~II~IIII'I p~ 4 S°f 50102 SOUTH BEACH CONDOS RtiO ~3.8A Ketsap Cho, uA19~57A Pa0~04 10 f 60101 AFTER RECORDING RETURN TO: SWTH BEAM CAS ESnT t~'4.66 KBtsap~Co4 uA18~57A FOSTER PEPPER & SHEFELMAN PLLC 1111 Third Avenue, Suite 3400 Seattle, Washington 98101-3299 Attention: Gary N. Ackerman EXCISE TAX EXEMPT OCl 14 2004 ACCESS AND UTILITY EASEMENT AGREEMENT GRANTOR: SOUTH BEACH CONDOMINIUMS, L.L.C. GRANTEE: CITY OF BAINBRIDGE ISLAND ABBREVIATED LEGAL Portions of Common EIements of South Beach, A DESCRIPTION: Condominium, Volume 6 of Condominiums, Pages 120 through 127, Auditor's File No. 200301230038, according to Declaration recorded under Auditor's File No. 200301230039 and amended under Auditor's File No. 200306090407, Kitsap County, Washington. Complete Legal Description on Exhibit A. ASSESSORS' TAX `~~ y~_ ~ ~3'~ - 6~-Q~ -~Qp~ PARCEL ID NO.: ~a~ ~~- i~ 5~~~-~~S ~ ~-~r y, s~ ~ ~ T~ a`r N ~ ~~-~` 50446538.07 - 1 - 200502140022 Page ~ 1 of 5 02114r'~005 10~46A BAINDkIDGE ISLAND CITY OF ADD t2:3.E~f~ Yitsap C+~, WA Filed for Record at Request o£ When Recorded Return to: Name: Bainbridge Island City Clerk Address: 280 Madison Avenue N. Bainbridge Island, WA 98l 10 - 1812 Document Title: ADDENDUM to Ordinance No. 2004-30 Reference Number of Document Assigned or Released: none Grantor's Name: City of Bainbridge Island Grantee's Name: Not Applicable Tax Parcel #: .Not Applicable zy °v z- ~ ~o O c9 o y 2 ors N p2~ y> 2 O ~~ Oo ~d ~~~N y ~, ~y y~ Abbreviated Legal Description: G. L. 4, Section 14 and G. L. 1, Section 15, T 24 N, R 2 E, Willamette Meridian WHEREAS, the city council of the city of Bainbridge Island, Washington, on November 10, 2004, did enact Ordinance No. 2004-30; and WHEREAS, Section 1 Vacation referred in part to "Exhibit A and Exhibit A-1, (Legal description) and depicted on Exhibit B, (map) attached and incorporated by reference," and WHEREAS, said exhibits were not recorded with AFN200412010065, now THEREFORE, the attached exhibits A; A-1 (legal description) and B (map) are filed for record as an addendum to that document as recorded under Auditor's File Number 200412010065, Kitsap County, Washington. Susan Kasper, City Clerk EXCISE TAX EXEMPT' FEB ~ ®2~5 G:\RightofWay\2004RightofWayVacations\SouthBeachRW_vacationADDENDUM.doc Pg. 1 of4 STATE OF WASHINGTON ) ss. COUNTY OF KITSAP ) I, ~OG~Y GlJ~cn~~ Notary Public in and for the State of Washington, do hereby certify that on this l~Nday of ~~~ , 2005, personally appeared before me Susan Kasper, Clerk, City of Bainbridge Island to me known to be the individual described in and who executed the instrument and acknowledged that she signed the same as her free and voluntary act and deed for the uses and purposes herein mentioned. Signed and sworn to before me this TH day of ~ . ~ RUARy , 2005. .~..~ HOLLY S. WN.OHt ti~TARY PUBLIC s~ .~t ©F wAS~veTON ,~ CCyMMfSS10N EXPIRES l~f:LEMBER 29, ~ Notary Public m ana ror the atate or w a~niiigton Commission Expires: U G:\RightofWay\2004RightolWayVacations\SouthBeachRW_vacationADDENDUM.doc Pg. 2 of 4 200502140022 02g1412005f 10~4fiA BAIPIBFIDGE ISLAIJD L'IT4' OF ADD $23.0f~ Kitsap C~o, 6!A EXHIBIT A-1 PORTION WITHIN PARCEL 152402-1-002-2005 TO BE VACATED That portion of Government Lot 1, Section 15, Township 24 North, Range 2 East, W.M., City of Bainbridge Island, Kitsap County, Washington, described as follows: Beginning at the Northeast corner of said Section 15; Thence along the East line thereof, South 00°26' 14 E, 744.64 feet; Thence North 38°59'57" W 44.37 feet; Thence South 51°38'03" West 19.99 feet to the Northeasterly right of way of NE South Beach Road and the True Point of Beginning; Thence along said right of way, North 39°00'00" West 31.46 feet; Thence leaving said right of way, South 51°38'03" West 10.00 feet; Thence South 39°00'00" West 31.46 feet; Thence North 51°38'03" East 10.00 feet to the True Point of Beginning. EXHIBIT A PORTION WITHIN PARCEL 152402-1-001-2006 TO BE VACATED Parcel 1 That portion of Government Lot 1, Section 15, and Government Lot 4, Section 14, all m Township 24 North, Range 2 East, W.M., City of Bainbridge Island, Kitsap County, Washington, described as follows: Beginning at the Northeast corner of said Section 15; Thence along the East line thereof, South 00°26' 14" E, 744.64 feet; Thence North 38°59'57" West 44.37 feet; Thence South 51°38'03" West 19.99 feet to the Northeasterly right of way of NE South Beach Road and the True Point of Beginning; Thence along said right of way South 39°00'00" East 70.03 feet; Thence leaving said right of way and running Northwesterly on a 441.00 foot radius curve to the left, the center of which bears South 34° 18'03" West through a central angle of O1 °45'46", an arc distance of 13.57 feet; Thence North 55°41'57" West 21.93 feet; G:\RightofWay\2004RightofWayVacations\SouthBeachRW_vacationADDENDUM.doc Pg. 3 of 4 200502140022 02g14rB0a5f 1f~~4fiA gRIFIBRIDGE ISLAND CITY f~F ADD ~3.F~D KitsaA Co, WA Thence North 39°00'00" West 36.08 feet; Thence North 51°38'03" East 10.00 feet to the True Point of Beginning. Parcel 2 That portion of Government Lot 1, Section 15, and Government Lot 4, Section 14, all to Township 24 North, Range 2 East, W.M., City of Bainbridge Island, Kitsap County, Washington, described as follows: Beginning at the Northeast corner of said Section i 5; Thence along the East line thereof, South 00°26' 14" E, 744.64 feet; Thence North 38°59'57" West 44.37 feet; Thence South 51°38'03" West 79.99 feet to the Southwesterly right of way of NE South Beach Road and the True Point of Beginning; Thence along said right of way, South 39°00'00" East 148.84 feet; Thence continuing along said right of way on a 393.31 foot radius curve to the left, through a central angle of 14°42'31", an arc distance of 100.97 feet; Thence leaving said right of way, North 51°38'03" East 19.61 feet; Thence North 39°47'37" West 66.19 feet; Thence continuing Northwesterly on a 363.31 foot radius curve to the right ,the center of which bears North 45°38'48" East, through a central angle of OS°21' 15", an arc distance of 33.95 feet; Thence North 38°59'57" West 60.57 feet; Thence North 54°15' 16" West 39.66 feet; Thence North 60°21'41" West 53.69 feet to the True Point of Beginning. G:\RightofWay\2004RightofVl7ayVacations\SouthBeachRW_vacationADDENDUM.doc Pg. 4 of 4 200502140022 ©2g 14r'2N05 f WR R ~ 4fiR gRIPIBkIDOE ISLAND CITY OF ADD ~,3.NFa Y.t+.1a~ L .. \ tp ~II1 ~ I ~ Y~ 3. .. ~-1 q a6 N ~3 c f: i ~. a no ,~ O ,t:' ~ ~ ~ Q a N ~i " \ '7'~.. ~- Q 0) O dt .. ~`'.. ~ ~ h a O S: A o a e x ,~~ ~ ~ a. ~ ~ ~ ~ ~w g ~ ~ ~ ~ ° i ~r y. , ~ ~ ~ w Q ~ ~ ~ `o ~ ~ \~ 4 ~ ~ ~ q \` ~ c~F ~, R ~~~ ' 3 ~~ ~ rya / % % N ai a " ~' O ~ ~ \~~ N 3.lI.iZQp S ~- 3.f4l000 S ~~ ~ C y1 // ~ ~ ~ " ~ ,~ c ~~ ~ ~~ I ~ ~j ~' Q ~ ~ ~ ~ Of ~ C9 a "E ~ ~ ~ s o ~ ~ x ~ i~on~ / .. u ~~~ J ~ ~~ ~~ ~~ ~ ~., ~;, y ~~ y ~ .°te r` (~~, ~ %v ~ . _a .~ ~ ~ " E ~~ ~~ as `, ~ ~ ~_ `~ ''' € ~ ~ i~ I! it`d ~~ 1Z Wi O Q ~3i r~.w- ~ ® r Yt<s ,Ol+,{ ~S ~ s~S it E a~~r~~ ~. ~_ EXHIBIT B 200502140022 Page 5 of 5 ~~~'1412©D5 is ~ 46A BRIMBRIDGE ISLAND CITY DF RDD f23.f~F_a Kitsap Co, WR