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RES 2010-20 RIGHT OF WAY VACATION TAYLOR AVE & NEW SWEDENAFTER RECORDING RETURN TO: City Clerk City of Bainbridge Island 280 Madison Avenue N. Bainbridge Island, WA 98110 BpINBRTDGE ISIHND CITY OF 201006080105 Resolution Rec Fee: $ 68.00 Waltar2WashinglonA.MKilse Lo Auditor Page.'. 1 of 5 IIIIIIIIIIIIIIIIIllilllllll IIIIIIIIiI1111lllf IIIA1111111IIIIIIIIIIIIIIIIIIIII Document Title: City of Bainbridge Island Resolution No. 2010-20 - Right of Way Vacation Abbreviated Legal Description: S '/4, SW V4, See.3 , T.2 N., I .2 ~, W.MP Plat of Taylor 2nd Addition to fort Blakely, as recorded in Volume 2,ag e 56 of plats, records o Kitsap County, Washington. ASSESSOR'S PROPERTY TAX PARCEL/ACCOUNT NUMBER(S) 4186-002-006-0107 4186-0027-004-0000 4186-002-001-0201. 4186-003-010-0000. 4186-003-001-0001 , RESOLUTION INTO. 2010-2 RESOLUTION of the City Council of the City of Bainbridge Island, Washington, recognizing the 1905 vacation by operation of law pursuant to RCW 36.87.090 of that portion of the 30 foot Unnamed Road lying Westerly of Taylor Avenue and Easterly of New Sweden Avenue and lying South of Lots 5 and 6, Block 2 and lying South of Lot f, Block 1 and lying forth of Lots 1 and 10, Block 3 all in the plat ofTaylor 2"d Addition to Fort Blakely, a recorded in Volume 2, page 56 of plats, records of Kitsap County, Washington. WHEREAS, that portion of the 30 foot Unnamed load lying Westerly of Taylor Avenue and Easterly of New Sweden Avenue and lying South of Lots 5 and 6, Block 2 and lying South of Lot 1, Block 1 and lying North of Lots I and 10, Block 3 all in the plat of Taylor 2nd Addition to Port Blakely, as recorded in Volume 2, page 56 of lats, records of Kitsap County, Washington was designated as a county road in 1901 in an area that was ::-..:. to ecl xerrtl annexed. into the City of Bainbridge Island in 199 1; arr WHEREAS, the laws in effect at the time of dedication required the roadway to be opened for the public use within fire years of dedication. The goad was not opened by 1905, therefore, the roadway was automatically vacated by operation of law; and WHEREAS, the City desires to recognize and acknowledge that that portion of the 30 foot Unnamed Road lying Westerly of Taylor Avenue and Easterly of New Sweden Avenue and lying South of Lots 5 and 6, Block 2 and lying South of Lot 1, Block 1 and lying Forth of Lots 1 and 10, Block 3 all in the plat of Taylor 2nd Addition to Port Blakely, as recorded in Volume 2, page 56 of plats, records of Kitsap County, Washington, as described on Exhibit A (legal description) and depicted on Exhibit (snap) attached hereto (the "Vacated Street") and by this reference Incorporated herein has been vacated by operation oflaw; and WHEREAS, the City further recognizes and acknowledges that the foregoing vacation of the Vacated Street, does not affect or limit those certain perpetual non-exclusive easements existing automatically by operation of applicable law, and located over, under, Moon and across the placated Street, for the benefit of Lots 5 and 6 of Block 2, and Lot 1 of Block land Lots I and 10 of Block 3, all in the plat of Taylor 2nd Addition to fort Blakely, Vol. 2, page 56 of flats, Kitsal County, Washington (the "Benefited Lots"), for the purpose of ingress, egress and a utility corridor to and from each of the Benefited Lots, and for the benefit of those utility providers with -f cilities as currently e nstr cted within the Vacated Street, easterly to that certain public street known as Tay1 r Avenue, and westerly to that certain public street kora as New Sweden Avenue; now, therefore, THE CITY.- COUNCIL OF. THE CITY of BAINBRIDGE ISLAND, WASHINGTON DOES RESOLVE AS FOLLOWS. f S'E'CTION 1. The City of Bainbridge Island hereby recognizes and acknowledges that, pursuant to the lames of 1889-1890, Sction 2, Chapter 19, that portion of to o foo Unnamed Toad lying Westerly of Taylor Avenue and Easterly of New Swed Avenue and lying South of Lots 5 and 6, Block 2 and lying South of Lot 1, Block 1, and lying 1 1 Eloek all in the plat of Taylor 2"d Addition to portMakely,as forth of sots and � recorded in Volume 2, page 5 6 of plats, records of Kitsap County, Washington, as described on Exhibit A (legal description) and depicted on Exhibit B (map) attached hereto and by this reference incorporated herein (the "Vacated Street") has b&Vn vacated by operation of law. SECTION 2.SeveraIf any one or more sections, subsections, or senteri es of this MEMMEP — Resolution are held to be unconstitutional or invalid, such decision shall -'not affect the remaining portion of this Resolution and the same shall Tremain in full force and effect. SECTION .3. ffLective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council this 261h day of May, 2010. APPROVED by the City Council this 2601 day of May, 2010. do Bob Scales, Mayor ATTEST/AUTHENTICATE: IPAU�,00. SQ55 0 W — Rosalind D. Las off, City Clerk PIKED WITH THE CITY CLERK: May 11, 2010 PASSED BY THE CITY COUNCIL: May 26, 2010 RESOLUTION N.: 2010-20 5 EXHIBIT DESCRIPTION A portion of Section 35, Township 25, Range 2 East, Willamette Meridian, City of Bainbridge Island, Kits a County, Washingtondescribed as f llo s o A portion of the o foot Unnamed Road lying Westerly of Taylor Avenue and Easterly of New Sweden Avenue and lying South of Lots 5 and 6, Block 2 and lying South ofLot 1, Block 1, and ming North of acts I and 10, Block 3, all in the plat of Taylor 2"d Addition to Fort Blakely,as recorded in Volume 2, page 56 d plats, records of Kit -sap County, Wasbing torr. 05 46 010 DAAE 2 NUMBER Y p t of TA YL OR 2T-�,d' ADDITION to Octobev 7, 1906 VACATED por ROW 36,87,090 AFN 200910200-358) 10 VA CA FEO (AM 9306120042) `4 5 c F, r S� TREE T Vacated by ri Op6rcytion of Low ,6Z OC..ff 4 the VaccttioTt by Opercct-IoTc of Lct-w Ute i%a,med 30 Ft. Streets ]EXHIBIT B Toylor'u 2nd Addition W Port Blakely Volurne 2, Page 56 Southeast 1/4, Southwest 1/4 d- I �] WM. e c. 3!5, 9r, 2 If M, R.2 CiTir 401F 13AIN13RIDOR ISLAND PU13LIC -WORKS DIEPAR I Mr=HT