ORD 2009-08 ROAD VACATION CHAUTAUQUA REPLAT
t"'l
; - I
-- .'1
. . I
. . r
g- . ..,:w..
When Recorded Return to:
Name:
Address:
.; BAINBRIDGE ISLAND CITY OF . 200909280310
, Ordinance Rae Fea: $ 70.00
.. 09/28/2009 02:46'PM , '. . Page: 1 of 9
, , ~ :~~~~~r:o ~~~~n~:~ ~ 1 er k 'i _ ~uililillll~gjr] I~llii nillllli(lllligllllflrrllrl~illl~IIJIIIIIlIIIII
Bainbridge Island, W A 98110 - 1812
Document Title:
Grantor's Name:
Grantee's Name:
Ordinance No~.2009-08
City of Bainbridge Island
Sheila Ann Lyons Leewens Trustee
Edward Rejzek & Rachel Cichowski
4156-001-008-0202 & 4140-009-005-0009
Tax Parcel #:
Abbreviated Legal Description:
4156-001-008-0202
G.L~ 1, See 23, T25N, R2E W.M.
MANITOU PARK
BLK-OOI LOT-008 D-02 TH PT OF LOT 8 L Y SWL Y OF A LN PL T & 165FT NEL Y FR NEL Y
LN OF MT VIEW BLVD
4140-009-005-0009
G~L. 1, See 23, T25N, R2E W.M~
CHAUTAUQUA REPLAT L 9&10 B 1 MANITOU
BLK 009 LOT 5 TO 8 CNVYD BY VOL 86/471
Pg. I of9
CITY OF BAINBRIDGE ISLAND
ORDINANCE NO. 2009-08
AN ORDINANCE of the - City of Bainbridge Island,
Washington granting a road vacation for a portion of unnamed
path .of. Chautauqua Replat abutting Tax Lot Nos~ 4156-001-
008-0202 and 4140-009-005-0009.
WHEREAS, Edward Rejzek & Rachel Cichowski, the owners of Tax Lot No. 4140-
009-005-0009, and Sheila .Ann Lyons Leewens Trustee, the owners of Tax Lot No. 4156-001-
008-0202, Records of Kitsap County, Washington (the "Petitioners"), filed a petition with the
City Council to .vacate that portion of umiamed path of Chautauqua ~eplat abutting such. real.
property; and
WHEREAS, the Petitioners have agreed to. dedicate. to the City a. strip. of'r~ght-of-way .
. 1 . >.. -.. -
of equal area, and.-- \Petitioners~ propose to rec()rd. the dedication. simultaneously.... with the
recordation of this ordinance; and
WHEREAS, on April 8,.2009,. th~ City Council adopted Resolution No~ 2009-10
setting a public hearing before the .City Council on the proposed right-of-way vaeation' for
May 13, 2009; and
WHEREAS, notice of the public hearing has been posted and published according to
law; and
WHEREAS, the City Council held the public hearing at the scheduled time; and
WHEREAS, upon passage of this ordinance, Petitioners will. submit a signed and
notarized deed dedicating 1,098 square feet of right-of-way to the City in.the fonii attached
hereto as Exhibit C and made a part hereof by this reference; and
WHEREAS, a vacation of the path will better serve the public, and the substitution of a
new and different public way would be more useful to the public;
WHEREAS, the City Council has considered whetller -;c.onditions ..-may.. cnange ~-iii tlie.~-
future as to provide a greater use or need than presently exists; and
WHEREAS, no objections to the proposed vacation have been made by owners of
private property abutting the street or other governmental agencies or members of the general
public; and
WHEREAS, the City Council desires to vacate the right-of-way; now, therefore,
Pg. 2 of9
r-.~~ .
;
)~. ,.~]
J .
t
~.
i _..
- J
.,
.OJ -
....~&---
;-- ..':-.-1
1
\
., ., i
~. ,i
~,. , _.~\
. . r
J
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1~ That portion of unnamed path of Chautauqua Replat abutting Tax Lot
No. 4-156..001-008-0202 and Tax Lot No. 4140..009-005-0009 as described on Exhibit A,
(legal description) and depicted on Exhibit .B (map) attached hereto .and incorporated by this
reference, is vacated to Edward Rejzek & Rachel Cichowski and Sheila Ann Lyons Leewens
Trustee.
Section 2. Upon receipt of the d.eed, 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 3. If the Petitioners fail to submit the deed to the City Clerk within ten
(10) days of the passage of this ordinance, this ordinance shall be null and void.
Section.4~..,. P~suant to BIMe .12.3~.130(B), compensati9n for the vacated property
shall not be - requireQ, and the Petjtioners have. _otherwise complie_d. .With. lb-e .P~9v:isi~ns. ..of
Chapter 12.34 BIMC~
Section 5. .This ordinance shall be effective five (5) - days. from and after its
passage, approval,' publication, and posting as. required.by law.
PASSED by the City Council this.27th day of May, 2009.
APPROVED by the City Council this 28th day of May, 2009.
o-~~K~y
Mayor
ATTEST/AUTHENTICATE:
.~~ l). \{},~'5~ .
Rosalind. D.. -Lassoff;, : M.C., -City-;~CJ~r.~
. .
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLICATION:
EFFECTIVE DATE:
ORDINANCE NO.:
May 5, 2009
May 27, 2009
June 5, 2009
June 10, 2009
2009-08
Pg. 3 of9
EXHIBIT A
LEGAL DESCRIPTION OF ROAD VACATION
That portion of Lots 5, 6 and 8, Block 9 of the plat of Chautauqua Replat of Lots 9 antlIO,
Block 1 of Manitou Park as recorded'in volume 4 of plats, page 15, records of Kitsap County,
together with_a..portion of a 5.00 foot wide path dedicated by said plat all'situate in
Government Lot 1, Section 14, Township 25 North, Range 2 East, W.M., City of Bainbridge
Island, Kitsap County., Washington, described as follows:
Beginning at the North quarter comer of said Section 14, a Standard County Reference
Monument, from which the Northwest corp.et of said Section 14, a Standard County
Reference _Monum~nt --bears..Nort.h 88C?40'52'.' West 26. 47.77.--feet;- . . . '. .,...
- Thence South .88042'0 f"- East 1319.72 feet to the Northwest corner of said Govenunefit Lot 1;
Thence along the West line of said Government Lot 1, South 00055'50" West 392~30 feet;
Thence along the Northeasterly right of way of Mountain View Road and the Westerly
extension thereof, South 65033'10", East 647980 feet to a %" iron pipe set by Adam &
Goldsworthy, Inc., in November, 2008 and the True Point of Beginning;
Thence North 30019'20" East 139.39 feet to a %" iron pipe set by Adam & Goldsworthy, Inc~,
in November, 2008;.
Thence continuing North 30019'20" East 32~48 feet to a point on the Northeasterly line.ofLot
5, Block 9 of said plat; .
Thence North 51019'44" West 28..20 feet to the Northwesterly comer of Lot 6, Block 9 of said
plat;
Thence along the Northwesterly line of said Lot 6, Block 9, South 33012'50" West 13.05 feet
to a point on a line which is parallel to and 165..00 feet from the Northeasterly right otway of
Mountain View Road NE as measured perpendicularly to said Northeasterly right of way;
Thence along said parallel line, South 65033' 10" East 23.69 feet;
Thence South 30019'20" West 165.87 feet to a point on said Northeasterly right of way of
Mountain View Road NE;
Thence South 65033' 10" East 5.03 feet to the True Point of Beginning~
Pg. 40f9
,,- 'i. tT
. ;._J
...1
: - ---'
"'1
. I
t
.1
\ . J
, /
/ / I .
......."'" ., (, ......
.............. , 1"':' '... ....
. '" ~ ,/................... / {i~~);~~~" .
.......... 0.... ~ , '. ""'.,. i'~ " "
....... .~'?,'t~....... /.~....... t:: Al ""'~
.... , . ........ . v I"'" .
,I ..........;.;.....l;(... 5 ............
I 1.1:/ ..........
' Uouse ~'''., J? ":.':.. A
' n' JI'" l\: ." ..... 6t
I' ~. . '1'/ Jl .......... _. ,.....
~' ~ . J.] <$i)\ ......
b($1 ~rSJ . .l:I'f ;l;:-W" . ...... ..'
~/ . . .&\ ...t':~/:/. ~ t ./
O"'.""Q'b e; . //'./ flJ'b..:~ ....
. ~I () JJ . ~ -..; .
~~, ~l~ ..././ ^o .....'
.t::-"" ~ '-.: .... 1:-., ~O'< ...-
el# /(L1 /
rf'''/ ~ . '.. ".A.~ ......
n-<.<f}1 ..... ,,",'-., .........(.
~ I ." /..::, ........ . '... .,
"I .... E..., ..:-........ ............ I
/' ...." If.~' ....... ............. '<.,....
.... I~/.... ?...... ....,
s: . /. .,. ........
0"">> c.'h4cr ......../Y 8 ../.. ......... "-
.017, .... I" l ..... 0 ....
'"...\. .... t"j ....... ....
~ " /''1.. .. -7
" ... - <.;;::;;..:~'~~...... ,{i ........ ......... /
" ... -'''.... .... ..' R
....~4(>....J' ...~........... ...... .....'~...
.., -- ..,(>~ ~ .............. / ....
.....q O~ ~~ >>>~~~~ ........:............ . .../
L6... e' ~ _ ______...... . ,
------ 2-'2 h. ............... ..... /
........... 26'0 ~ ~, ................. ,.,. /
........ ........, /
~ "OQ'Q' .
........ ~
'" I
EXHIBIT.
B
r-,.
. \" /.
/'\
\..... ./ .
"'"
U
~
Pg. 5of9
EXHIBIT C
FORM OF RIGHT-OF~WAY DEED
GRANTEE:
GRANTOR(S): .Rachel Cichowski and Edward Rejzek
City of Bainbridge Island
ABBREVIATED LEGAL DESCRIPTION: NEl/4 NEl/4 (G.L. 1), Sec.14, T25N., R.2E., W.M. City of
Bainbridge Island, Kitsap County, Washington
ASSESSOR'S ACCOUNT NUMBER: 4140-009-005-0009
ROAD KNOWN AS Unna,med Path of Chautauqua Replat , KNOW ALL MEN BY THESE
PRESENTS THAT the undersigned grantors, owners of the property described in the attached Exhibit B, for
and in consideration of the benefits of a public right of way and other valuable consideration, the receipt whereof
is hereby acknowledged, -dedicate to the City of Bainbridge Island and to the use of the public forever that- .
portion of the right of way of Unnamed Path of Chautauqua Replat described in the attached ExhllUt C.and
shown on attached Exhibit A~ .
The Grantors hereby agree and consent to the establishment of said road as described, and to t~e
perpetual use and continuance of the same as a City road and waive all claim for damages of whatever kind
which may be occasioned to adjacent land by the location, establislunent, construction, drainage and
maintenance of said road, and agree and consent to the right of the City to make all reasonable and necessary
slopes for cuts and fills whenever they extend beyond the right of way line, upon above mentioned foa8, all in
conformity with City standards for road construction, and to the same extent and purpose as if the rights herein
granted had been acquired by condemnation proceedings under Eminent Domain Statues of the State or
Washington~ -
Said covenants shall run with the land and be binding upon the grantors) their successors or assigns~
TO HAVE AND TO HOLD the same, unto the City of Bainbridge Island for the purpose ofa public
road forever ~
IN WITNESS WHEREOF, the Grantor has executed this deed on this
) 2009 ~
day of
GRAN'fORS:
. . - .~-.,. .,
Rachel Cichowski
Edward Rejzek
RIGHT OF WAY DEED FOR UNNAMED PATH OF CHAUTAUQUA REPLA T
Pg. 6of9
..~
- d.__ ')
. .
.. ~ . -
~ ~..-
.F - ,. rj
, ..
- ..-'
...
.~ J
~,.-." .
r~--.-.'1
...1
'~~'~)
t
! -
t. r;c:.J
~ JI
STATE OF WASHINGTON
)
) ss
)
COUNTY OF KITSAP
On this day of , 2009, before me) a Notary Public in and for
the State of Washington, personally appeared Edward Rejzek, personally known to me (or proved to me on the
basis of satisfactory evidence) to be the person who executed this instrument, on oath stated that he was
authorized to execute the instrument, and acknowledged it to be. the free and voluntary-act and deed, for the uses
and purposes mentioned in the instrUment. ..
IN WITNESS WHEREOF, I have hereunto set my hand and officia~ seal the day and year frrst above
written.
NOTARY p~a~~C.in and for the State .ofWa~hington,
Residing.at ~.'.. - ..' ..~- ... . - .. . ~: .1' ,. .
My appointment expires
STATE OF WASHINGTON )
) SS
COUNTY OF KITSAP . )
On this . day of _, 2009, before me, a Notary-Publicin and for
the State of Washington, personally appeared Rachel Cichowski, personally known to me (or proved to me on :
the basis of satisfactory ,evidence) to be the person who executed this instrument, on..oath stated that she was
authorized to execute the instrument, and acknowledged. it to be the free and voluntary act and deed, fo~ the uses
and purposes mentioned in the instru~ent. .
IN WITNESS WHERE.OF, I have hereunto set my hand and official seal the day and year frrst above
written.
NOTARY PUBLIC in and for the State of Washington,
Residing at
My appointment expires
. .
.~ ~., - .-~ >{:.
Pg. 7of9
Unna_med Path of Chautauqua Replat
Right afWay Deed
CICHOWSKI / REJZEK OWNERSHIP
(After Right of Way Vacation and Boundary Lin~-Adjustment)
That portion-.ofLot 8, Block I of the plat of Manitou Park as reco_rded in volume 3 of plats, page 31,
records of Kitsap County and of Lots 5,. 6, 7 and 8, Block 9 and adjoining vacated rights of way of the plat of
Chautauqua Replat of Lots 9 and 10, Block 1 of Manitou Park as recorded in volume 4 pfplats, page 15, records
of Kitsap County, situate in Government Lot 1, Section 14, Township 25 North, Range 2 East, W.M~, City of
Bainbridge Island, Kitsap County, Washington, described as follows;
Beginning at t~e North quarter comer of said Section 14, a Standard County:Reference.Monu.ruent, .
from which the~NorthWest comer of said Section 14, a Standard County Reference Monument bears North
88040'52U West 2647.77 feet;
Thence South 88042'01" East 1319~72 feet to the Northwest corner of said Government Lot 1;.
Thence along the West line of said Government Lot 1, South 00055' 50" West 392.30 feet;
Thence along the_Northeasterly right of way of Mountain View Road and the Westerly extension thereof, South
65033' 10" East 618.37. feet to the True Point of Beginning;
Thence North 29041' 18" Ea.st 7~46 feet to a %" iron pipe set by Adam & Goldsworthy, Inc., in November, 2008;
Thence continuing North 29041' 18" East 1 14~81 feet to a %U iron pipe set by Adam & Goldsworthy, hie., in
November, 2008; ,
Thence North 29041' 18'" East 43.42 feet to a point on a line which is parallel to and 165.00 feet from said.
Northeasterly right of way as measured perpendicularly to said Northeasterly right of way;
Thence along said parallel line, South 65033' 10" East 2 9 ~56 feet to a point on the Easterly right of way" 0 f the
unnamed 5.00 foot wide path in. said plat of Chautauqua Replat of Lots 9 and 10, Block 1 of Manitou' P.ark;
Thence, along said Easterly right 0 f way, North 33012' 50" East 13.05 feet; . .
Thence, along the Southerly right of way of said 5~OO foot wide unnamed path, South 51019'44" East 28.20 feet;
Thence South 30019'20" West 171.87 feetto said Northeasterly right of way of Mountain View Road;
Thence North 65033' 10" West 56.43 feet to the True Point ofBeginning~
Pg. 8 of9
c. -] . , 'U
-:-]
.:-1
- I
.... :...~.;..(~-
,---- -,
i
-: 1
/"-._~\
. ".. '.
. ~'j I.
i._ ...-J
'("J ~ " .
Unnamed Path of Chautauqua Replat
Right of Way Deed
Right of Way Area
That portion of the 5.00 foot wide unnamed platted path within the plat of Chautauqua Replat of Lots 9
and 10, Block 1 of Manitou Park as recorded in volume 4 of plats, page 15, records of Kit sap County, situate in
Government Lot 1, Section 14, Township 25 North, Range 2 East, W.M., City of Bainbridge Island, Kitsap
County, Washington, described as follows:
Beginning at the North quarter.comer of said Section 14, a Standard Cou~ty Reference Monument,
from which the .Northwest comer of said Section 14, a Standard County Reference Monument bears North
88040'52" West 2647.77 feet; -
Thence South 88042'01" East 1319.72 feet to the Northwest corner of said Government Lot 1;.
Thence along the West line of said Government Lot 1, South 00055'50" West 392.30 feet;
Thence along the Northeasterly right of way of Mountain View Road and the Westerly extension thereof) South
65033' 10" East 632.55 feet to the Southwesterly corner of said plat and the True Point of Beginning;
Thence along the Northwesterly line of said plat, North 33012'50" East 166.95 feet to a point on a line which is
parallel to and 165.00 feet from said Northeasterly right of way as measured perpendicularly to said
Northeasterly right of way; -
Thence along said parallel line, South 65033' 1 0" East 5 .06 feet to the Southeasterly right of way of said 5.00 foot
wide platted path;
Thence along said Southeasterly right of way) South 33012'50" West 91.95 feet to the Southwesterly corner of
Lot 6, Block 9 of said plat;
Thence along the Southwesterly line of Lots 5 and 6, Block 9 of said plat, South 57004'47" East 28.23 feet;
Thence South 30019'20" West 5.01 feet to a point on the Northeasterly line of Lot 8 Block 9 of said plat;
Thence North 57004'47u West 28.48 feet to the Northwesterly comer of Lot 7, Block 9 of said plat;
Thence South 33QI2'50" West 70.00 feet to the Southwesterly comer of said Lot 7, Block 9;
. Thence North 65033'10" West 5.06 feet to the True Point of Beginning
Pg. 9of9