ORD 2011-03 VACATING THE PORTION OF POINT MONROE DRIVE NEFiled for Record at tie Request of:
then Recorded Return to.
Name: ~ain~ridge ~sla.nd pity clerk
Address 2S~ Madison ~.~enue N.
Bainbridge Island, A ~S 1 I a- I S l~
Document Title: grdin~nce No. ~~ 11 ~~3
grantor's Narne~ pity ofBalnbridgc island
grantee's Name. akazuru, KEN
akazuru, KEN
akazuru, KB~N
Takazuru, K~N
ak~zuru, KEN
kazuru, KN
Junes Place LLB
Devin, Daniel
ear, Larry Kathleen
Strehlo~, Naney Lee Trustee
Partin, V~illiarn Pamela
Scott, Roger Cindy
Keller, Randolph Victoria
Jaaaban, Robert ~ araline
Lee, Kevin Susan
K.illpack, Steven V~inder, Philippa
Tax Parcel #: 4155-X00-OG~-~~~7
4 ~ 55-OO~~o~~00~0
4155-00~-0~~-047
4155-000^0~5~~140
4155-000-0~4-~0~8
4155-DOO-o~4~01 ~ 1
4155-OOO-0~5-0205
4155-~~~-~~~~~~~~
~~~~-ooo-~~~-~~~~
~ 1 ~~-oar-~~~-~ ~ ~~
4155-000-071-409
~ ~ ~ ~-oo~-~~~ -~~~~
~ ~ ~ ~-~~~~~~~-ooo~
4155-000-0~5-0oD5
4155-0~~~07~-0004
4155-000-o77Ro~03
Abbreviated Logal Dec~iptions~~
!x:'.s:~-*e-~s-~=~-fi='~~=;~~;~~~ ~1V4~~3-'~i';~::sfi_'t:.'~.'.:ttE"-ififSS'°:~3r-~='~::~~~==1;f:~'=~-?=i~rl~f~';iaar;~~Si,~s::.~'.'aP:~.`'lC~.}=:~s~:_~_~3.~=err:-;::~:~z=~_~='~:a~Zi~s:!S'."-a~:r=:C~~~'-Vii.=sir--E
Gov't Lot ~, Sec.35 and Gov't Lot 1, Seo.2~ T,~~N., R,2E., ~V.,
MADISON ~EA~H - 4155-DOO-0~2-007 - ~aka~uru}
LOT b2, MADISON BEAOH, AOORDING TO PLAT THEREOF RECORDED IN
~OL~JME 5 OF PLAT, PACE 14, RE~~DS OF I~ITAP OL~NTY,
'AHINC~TON
;i~ C~'.'.c' : ~ ~~= =xh#.-'-~ .x-~° , a~r~y~i~~..~'cf G ~:if.~~ r~i~!'d~`-~ :_.ti:,~~xlr~~:=r _ ~a~=~~~.T '=_4Id~1C~*~Stk~#~': !k'~1'~' ~;:~s `I,'~:~~Y~ i;~~ ~ ~k S,.~C~' ~~:l~:sb: ~ v"==i'~!~=~5~t'~ ti'i~~1~ fxi#k-~'.`=~~ #~ ~c
Gov't Lot 1, S~C~Z~ T,2~N,, R.2~.~ '.M.
MADISON BEA.~H - 4155-000-09~~0000 ~ ~akazuru~
LOT ~~, MADISON BEACH, AGG~RDIN Ta PLAT THEREOF I~EODED IN
VOLUME 5 Off' PLATS, PAGE 14, RECORDS OF KrTAP AUNTY,
V~ASI~INGTON~
Ca.~s'4r'.~iye1Y';p F`,'f~`}~~cic~-2`s~~~'~~'-:42'~4a'`~'4't i~'r,'Yi~k'~t;•3~'.„~N`FMS.`i=!1:~'{~i~r`.~~~~~S4E~s#W~=~rbk'~c4""a2H-kF'}t,'listiiaibi'~7Pdie~T'~.'~'si.!7 4~~,'3,-#k~'~~-=~,~ Ra.S~~~if.~~ri~t6ifXfi+flE'iii~i~'l5'~~r=~
Gov't Lot 2, Seca 5 and rov't Lot 1, Sec.2d T.2N,, R.2E., ,IVI,
MADISON BEACH - 4155-000-o3-0207 -- ~~Vakazur~}
LOT ~, MA.DISON BEACH, A~ORDING TO PLAT THEREOF RECORDED IN
OL~JME ~ of PLATS, I~AE 1 ~~ REaR~ of KITAP BOUNTY,
WASHINGTON.
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Crov't Lof ~, ec.35 and Gov't Lot 1, ec.2~ T,2~N., R.2E,, ..
AKION BEACH ~ ~ 1 ~-000065-0403 - {Kevin}
PARCEL I: RESULTANT PARCEL A OF BOUNDARY LINE ADJ~JT~VIENT
RECORDED UNDER AUDITOR' FILE NO.9411030173; BEING THAT PORTION
OF MADISON BEACH A PER PLAT RECORDED IN ~OLU~IE 5 OF PLAT,
PACrE 14, RECORK OF RITAP COUNTY, AI~INTON, DESCRIBED A
FOLLOWS: LOT ~~, EXCEPT THE ETERLY 25.0o FEP~T THEREOF; THE
WESTERLY ~ 7.00 FEET OF LOT 92; LOT 7, EXCEPT THE WESTERLY 25 FEET
THEREOF; AND LOT 66, EXCEPT THAT PORTION THEREOF KESCRIBED A
FOLLOWS: BEC~TNNINC AT THE SOUTHEAST CORNER OF SAID LOT 66;
THENCE N~~2$'00 ~V ALONG THE EASTERLY LIII~IT OF SAID LOT ~~, A
DISTANCE OF 78.55 FEET TO THE TRUE POINT OF BEINNINC~; THENCE
CONTINUING No~28'00 ' ALONE THE EASTERLY LOT LIMITS, A DISTANCE
OF 1 ~ 1.3 S FEET TO THE SOUTHERLY AROIN OF I1~OUNTAIN CIE LANE;
THENCE ALONE SAIK SOUTHERLY ROAD IARC~IN O A CURVE TO THE
LEFT THE CENTER OF WHICH BEARS 0~28'OO E, HA~IN A CENTRAL
ANCrLE OF 6~`~0'3 , AND A RADIUS OF 280.12 FEET, AN ARC DISTANCE ~~"
29.38 FEET; THENCE t4 13'06 E, A DISTANCE OF 123.38 FEET TO THE TRUE
POINT OF BEINNINO. PARCEL II: THE EASTERLY 1 S FEET OF LOTS ~5 AND
93, IADrON BEACH, AS PER PLAT RECORDED IN VOLUME 5 OF PLATS,
PACrE 14, RECORDS DF ~rTAP COUNTY, AHINCTON.
t~:r~__~.t--~.5:::.r ., -ate ~:: pig' i'=r=: ~::~:r~;~~v';i: i[~--:5-- ~ -5s =. ::~: -;:+.s' ra x~Yi~:i7.~..~;~ ==:=-r'~'~s+'-=.~511'.;r'.:~~`~-Fi~:,:~_=~- - :a'11C~!.~i;,_-..: -~- -s~~ :. c~. _ ~, 1 ~--i=, r --4
Gov't Lot 2, ec.35 and Cav't Lot 1, ec.26 T,2~N., R.2E., V.M.
I~IADISON BEACH - 41 -00~-0~7~000 - Sears}
THE BEST 25 FEET OF LOT ~7 AND 91 AND ALL OF LOTS 6S AND 90,
I~IADISON BEACH, ACCORDING TO PLAT REORKED IN VOL~JE ~ ~~`
PLATS, PAGE 1 ~, IN KITAP COUNTY, AHINOTON.
F.`='.~:_:_.:~:t.-.r`.f~=r~.'i3l':~¢iC'4?~~z~tS~7i~+?s~b'!%ti':tztin~%Y+"i'~?s~~`__~~=r==_"' ~-s_F~~~kkS,if:~'.i~~~c=~_'~'r~,:~~d~.",:5'':~'.~'3!i'~lA~~£'~~~'3°s~~_~iifr.~' b;~i{=~~~~ ~'~°.~°;=:+ifi.'~~~~~~_`~~:`r`
Crov't Lot 2, Sec.3 and Gov't Lot 1, See.2~ T.2~N., R.2E., .
I44ADISON BEACI~ - 415 ~-~~~-0~9-~ 102 - ~txo~lo~r}
LOTS ~~, 7~, S8 89, ~IAKISION BEACH, PER VOULI~IE ~ OF PLAT, PAGE 14,
RECORDS ~~` KITAP COUNTY, ASHINTON; TOGETHER KITH
TIDELANDS AD30ININCr. ~REULTANT PARCEL OF BOUNDARY LINE
ADJUT~IENT RECORDED ~L]-NKER AIJDIT~R' FILE N~. 200~~52~722,
RECORDS OF KITSAP COUNTY, AHINOTON.}
_~._~z~:
r.~.1: .-__-__ .__ ~ ... ':f S:\. ': cy'~sL'_ r-C-~~}~~.: ~I" 'iCr. ~-~- ~~E~:F:.lis_~.'sF.~'-_.M1.~~i._'LC~E,~~'. ..:~,{~''iF~.F,F;".:~~_i:', :: _- --e __ - __ _- .:'F: ~, ~.'{'.!Y rk.:.'~
Co~'t Lot ~, ec.5 and Co~'~ Lot 1, ec.2~ T.2~N., R,2E., .M.
NIADI~N BEACH - 4155-0~~~~71-409 ~- Partin}
LCT 71, 72, ~ AND ~7, NiADI~N BEACH, ACC~RDrNC TO THE PLAT
RECORDED IN VOLUME 5 CF PLAT, PACE 14, IN KITAP C~UNT~Y,
AHINCTON; TDCETFIER V~ITH THAT PORTION ~F 'VACATED POINT
I~~NRE DRIVE A~ ATTACHES PER ~PERATI~N OF LAS AND A
DESCRIBED UNDER. AUDITOR' I'rLE NO.2004~52502~7; EXCEPT FOR THAT
P~RTI~N C~N~EYED TO BAINBRIDCE ISLAND FAR RICHT ~F SAY UNDER
AUDITOR'S FILE N~. 200405~502~5, RECORDS OF ~.ITSAP CO[JNTY,
AHINCT~N~
- _ _ ='~=-='- -.r: -- ~~8: ,~, a :'r['S=. '~'~~='~ -.'~.- _ ..r! ~r{'~ `n: i -.~:~~:::.,n~':~'=:~~~"fr.ilt'f~~a'rJ~:~~ -_ _._~.t=:-=. - :~c:,;:~-i cm -v~:
Co~'t Lot 2, SeC.35 and Co~'t Lot 1, eC.~~ T.~GN., R.2E~, .11~I
MADISON BEACH - 4 ~ 5 ~-~~~-X73-007 ~ ~~~tt~
LETS 7~ AND S5, MADISON BEACH, ACC~RDINC TO THE PLAT RECORDED
IN ~TOLUME 5 ~F PLATS, PAGE 14, IN KITSAP COUNTY, A.HINCTON;
TOCETHER KITH THAT P~RTI~N ~F VACATED P~I~CT MONROE DRIVE A
ATTACHES PER OPERATION OF LAIN AND A DESCRIBED UNDER
AUDITOR'S FILE N0.2004052502~7; EXCEPT FOR THAT PORTION
C~N~VEYED TO BAINBRIDCE ISLAND FAR RICHT OF V~AY UNDER
AUDITOR'S FILE N, 20040520~~~, RECORDS ~F I~7TSAP COUNTY,
AH7NCT~N
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~_:: __[~-=..u2:3_.`.=~[: T=_~~=,:..-=r_~~:}S-a~f,. _.-. 'bF:~~.+i'~}i: ...'r:. ~~iF.{'~irru2'_:i~~,77?`:;-us~r?'=--sFz'. _~_. ,r~ .r . , -~ti ... - ...
Cov't Lot ~, Sec,35 T'.2~N,, R.2E., V.M.
~IADI~N BEACH - 4155~~~0-X74-~~~ - ~I~eller}
PARCEL 1; LET 74 AND ~4, MADISON BEACFI, A PER PLAT REC~R~ED IN
FLUME 5 OF PLAT, PACE 1 ~, REC~I~D ~F I~ITSAP COUNTY,
~VAHINCT~N, PARCEL 2: AN EASEMENT FOR INCRES, ECRES AND
UTILITIES AS DESCRIBED UNDER. AUDITOR'S FILE N. ~ 0271 ~ 1, BEINC A
PORTION OF MADr~N BEACH, AS PER PLAT REC~R~ED IN ~LUI~E 5 OI'
PLATS, PACE 14, RECORDS ~F K.ITAP COUNTY, ASI~INCT~N
W,er. ~•: ''ti - - - __ :r2~_..._._-._ f?:--~' i. ~ 7 ^± :~~ }~~' ~ r -n r=~;:_~,'-..-- .. e'vF;'i:'i ~'Y~'~'~t'.~c~lss=~ ~~`+'4:':,~
}:-. ,~~ ~~'~YF.k7i i': '4 ili. , ~Y'+~~~,'}~...:1-`E.~L'~'iF"r{!..~'9#~rr_F~vi *~~i r.-r..."'~"='.~k=="~'_. =a=.=- = `'F-- ~L=r '.~= .i .:'. .. .°`-1r~
Co~'t Lot 2, Sec.~S T.2~N., R,~E,, .1V1}
MADI~N BEACH - 4155-~~0-~75~~~05 ~Jaoobon
BLK 0~~ LOT 75 BLS. 000 LET S3 TL
-~:t'. :; ::F'i ~_ c:... ... .. ~...:L. .... 4: 'i f~i..~.~_ '!.. i- -- _1 f~L:.~c:-=- - -yclJ ~ .+~~~- - ~:5~~=~~::~[~_"h;_ ~.s.vl } _~~r1: ~4'=' _~ .=..~F. ~__ ~_:; .. ..{~'~.'~ .- -
E-a 9 • ~faf..'itrr.,d::v4~.{>r..s_~.L'$.-El:k~~.--~...t.. =:~:'>rf.~l,7~='.$::~-_~: --r~ia-. ~..s.':,`~=:[- ~i~`.. ~ ~ .~ ...- .
Cov't Lit 2~, Sec.35 T,~~N., .2E., .I1~
MADISON ~EAOH - 4155-00~-07-~0~4 Lee}
LOT 7~ AND S~, i~ADION BEACH, A~ORDINC TO PLAT REOORDED IN
VOLUME 5 OF PLATS, PACE 14, IN KITSAP OI~NTY, ASHINCTON;
TOGETHER 1TH SECOND GLASS TIDELANDS, A CONVEYED BY THE
STATE ~~` AHINCTON, SITUATE IN FRONT ~~', ADJAOENT TO OR
ABUTTING THEREON; SITUATE IN THE CrTY OF BAINBRIDCE ISLAND,
BOUNTY ~~` RITSAP, STATE OF 'V~AHINCTON~
{`-a'}.iiti~=.~ ~: .-._z~~_=~`r-'~~~{ ,.,d.,l~l~,~~C.r...,~'k~i:_'~i..°~==i~v.~r_~- _~.~-~LFri_L".S=':F:,>>4'k' ~c=.~'Fi'-,---Q~~~- .~`:-F~_....: e~~.. -~~ --~-- _.`~'__ ;a= 3~ r'R _r'r~.- ~.=~:!-.--,-r.
Co~'t Lat ~, Sec.~S T.~GN., R,~E., .M
N1A,DISON BEACH - 4155-~0~-~'~7~~~03 - ~R.tllpa~klinde~}
PARCEL ~ :LOTS 77 AND S 1, MADISON BEACH, A PER PLAT RECORDED IN
~OLUIE 5 OF PLATS, PACE 14, RECORDS OF I~ITSAP OOUNTY,
A.SHINCTON; TOGETHER KITH THAT PORTION OF ~A.CATED UL-DE-
A AS COULD ATTAOHED BY LA~ PARCEL Z; AN EASEMENT FOR
INGRESS, EGRESS AND UTILITIES A DESCRIBED UNDER AUDITOR'S FILE
NO, 1 ~~7 ~ ~ 1 BEING A PORTION OF MADISON BEAOH A PER PLAT
RECORDED IN OL[~~IE 5 OF PLATS, PACE I4
~~DINA~~ 1~~, 24I1-~
AN ~HD~N~~C~ of the pity of Bainbridge Island,
'~Va~hington vacating the partian of Paint 1Vlonroe Drive NE
also knan as l~tountain die Drive} from the ~atern
Boundary of lots ~ and 9b to the Western boundary of lots 77
and S 1, of the plat of Nladion Beach, as recorded in volurrie ~,
page 14 of plats, records of l~itsap Jaunty, ashingtan.
H~R~AS, on April 25, 209, most of the owners of lots abutting Paint Monroe
Drive NE, from the Bastern Boundary of lots ~2 and 9~ to the Western boundary of lots 77
and 8 1, of the plat of I~Iadison Beach, recorded in volume 5, page 14 of plats, records of
~itsap Jaunty, ~Tashington, filed a petition to vacate the right-af may of Paint 1Vlonrae Drive
N1J ~~[auntain die Lane on the plan abutting those lots, as rnodifled by pity of Bainbridge
Island ordinance No~ ~OD4~a6, which moved the right-of=ay on lots 71 and 73 several feet
North of its previous location; and
HE1A, on July 23, ~a09, the qty Engineer eert~fied that the pet~t~on was legally
guff icient, having been signed by aver 81 ~/o of the av~ners of property abutting the right-of
v~ay, substantially n7ore than the t~va-thirds requirement of BIM 12.3~4,a~a; and
V~HER~A, by Resolution Na. ~OD~-1 S, the pity council set a public hearing before
the pity ouneil on the proposed vacation far September ~, 2aa9; and
HER~A, pity staff posted, published and rna~led notice of the public hearing in
accordance Frith BIM 12.3~4.OSO; and
HEED., the pity council held the public hearing at the scheduled time and
continued it to October 2$, ~~a9; and
VV'HEREA, the pity council has considered and reviewed the right-af may vacation
Agenda Bills far the September 23, ~aa9 and October ~S, X409 pity council ~nectings,
together v~ith the dacurnents submitted to the pity auncll during the public hearings on those
dates; and
HE~EA, the pity council has considered the testimony presented at the public
hearing on September Z3, X009 and ~ctaber ~S, 200; and
~VHER~A, the 1ty ounc~l has considered and reviev~ed the docurrlents attached to
the Agenda Bill for the February 2~, ~a 11 pity auncil meeting, including but not limited to
the upplerr~ental Staff Report and an inventory of rights-off may in the pity that abut Puget
Sound ~"Final Staff Report"}; and
wHEREA~, the pity Council desit~es to vacate the rightrat~way described above,
subject to the terms and conditions set forth below in this ordinance; now, therefore
THE ITS COUNCIL ~F THE CITY ~F BAI~1BRIl~CrE ILA~D, AHINT~N,
I]~E ORDAIN A FOLLOWS:
cetion I. Findln s Declarations and t~ternentsy~~3IIVI 12.~4.120,A, The City
Council adopts the fallowing findings, makes the following declarations and eaters the
fall~wirig statements, which address the requirerrxents of BIMC 1~,~4,1~0. BIC
1,~~.1~0,A requires that t least one of three conditions must be present to vacate a street
adjacent to fresh ar salt water, Each of the alternative conditions is quoted below, followed
by the finding, declaration ar statement;
A, ~'e vacat~a~ is sought ~o e~a~~e the city ~a acquire ~1~e prap~r~y far pore purpa~~s,
~eac~ o~i wader a~~ess urpa~~s, ~oa~ ~naorage ar ~aun~~rirtg sees, park, pub~rc vie~~,
recreatia~, educa~ro~a~ purposes, ar other p~c~~ic uses ~~~ ~~~,~4, ~2a.~. ~~~
By approving the vacation of the right-of wad of Point Monroe Drive NE, as
dedicated in the plat ofMadisan Beach, recorded in volume ~, page 14 ofplats,
records ofKitsap bounty, Washington, between the Eastern boundary of lots ~2 and
9b of such plat and the western boundary of lots 77 and S 1 of such plat ~"Right-afr
way"}, the City will transfer title ofthe Right-of=way to the owners oflots abutting
the Right~af way, Thus, the vacation technically is not caught to enable the City itself
to aC~uire the Right-af='UL~ay for the listed public uses and purposes. However, in
c~nnectian with the vacatian, the City will be acqu~rl~~g a public access easement
~"Access Easement"} and an emergency easement centered on the public access
easement ~~`EmerenCy Easement"} collectively, the "Oambined Easei~nent"}, together
with an 8yfoot utility easement abutting the Access Easement and Emergency
Easement, The Cainbined Easement is In substantially the same location as the
existing paved road that serves the lots, and gill be used far ~ I }public beach and
water access from the Eastern terminus afthe Right-af=way to western terminus of
the Right-af=way, ~Z} emergency vehicle access and ~3} public viewing frorrr the
gassing basement, Therefore, this criterion is substantially satisfied
B. ~'~re icy C'ou~cr~, by reso~u~ian, dec~are~~ ~ha~ tyre st~~ee~ rs ~a~ prese~t~y being ~rsec~ as
a street aid that tyre street is riot s~~ita~~e far auy o~~1~e~ fo~~o~~~in p~~rpases,~ park,
b~ac~ or water access, ~aa~ r~oarage, ~au~rc~iug sites, park, pu~~ic vie~~, recreation,
or education ~~~ I Z. ,~ ~, ~ ~a.~.. ~~.
As noted above, a substantial pardon of the Right~of`way is located outside of the
existing paved road that serves the lots. Most of the Right-Qf gay is not presently
being used a a street, Also, In the Southern portion of the Right-off 'U~ay, where the
existing paved rand 1s within or partially within the Right-of=day, residences, fences
and telephone poles are located within the Right^of way,
4~98~b,1 ~ 09470 ~ Ol 06 ~~-
Official beach and v~ater access is available only by traveling West an the Rlght~of=
~~ and then crossing the sand Sp1t on the ~5-f0at easement far access and utilities
~Auditar's File No, l X67928} ~"~5-fact grassing Easement"} to either Puget Sound ar
1Vladison Beach Watery, Ho~rever, there is a jag in the rriiddle of the Right~af
Way, resulting from a recent right-of=~ay re~dedlcatlon arty Ordnance Na~ ~aa~~~6
and Auditor's File Nos, 200~~55250Z68102~9}, v~lxich moved the Right-of V~'ay
several feet North}, that interrupts continuous official Public access from one end of
the Right-af Way to the other. In other v~ards, there 1s no continuous public right-af =
~vay fi"orr~ the ~astcrn termirus of the Right-of UU'ay to the ~~-foot grossing Basernent~
For this reason, the Right-of ~Vay is not suitable for beach ar water access.
Liven the physical attributes of the sand spit and the fact that the Right-af Way is
parallel to the v~ater, the Right~af Way is not suitable far a part, boat moorage ar
launching site. The Right-of Way also is not suitable for a park, far recreation and for
education because it is necessary for access to the lots abutting the Right-of Way.
The Right~af Way is suitable far public viewing, but this criterion should not apply to
public vies from streets running parallel to the water, This criterion was intended to
apply to public views from streets that are perpendicular to the water.
Where the maters of Puget Sound ar 11~adison Beach Waterway touch the Right~af=
Way, the underlying land and adjacent land is private property, and the public cannot
cross or use such private property. Thus, the Right-of Way is not suitable for beach ar
water access, boat rrloorage, launching sites or recreation.
Finally, the Right-of way theoretically is suitable for public view and education, but
as observed above, the carne view and education opportunities will be available from
the Access Basement.
In view ofthe considerations and discussion above, the Right-of gray in material pant
is not being used as a street, and the Right-ofTay In Its current configuration and in
view of the current situation is not suitable for the listed purposes and uses
Because n ordinance is a higher form afity council action than a resolution, tl~e
declaration required by BIIVIC 12.34.1 ~~.A.~ may be made by this Ordinance,
. Tie vaca~io~ is soug~~t~ t~ e~rab~e ~1~e city ~o rm~~e~~err~ a plan, ado~~ed by reso~~r~iarr or
ordr~a~rce, ~ha~ pr~vr'~es co~nparab~~ or ir~prov~~ ~b~~c access ~o ~h~ same s~rn~~e~i~e
area ~o which the s~ree~ o~ a~~e~ sought ~o be va~a~e abuts, hack ~~ ~ro~er~ies
i~c~u~d in the plan r~~t been vacated ~~~~I ~~.34~~D,~4.3~.
The above-described jog in the middle of the Right~af=Way precludes official public
access from the Western terminus of the Right-of Way to the ~~~foat grossing
Basement, The combined Basement will provide irr~proved and continuous pubic
access between these two paints Although, motorized vehicles nay theoretically use
~ ~~846.1 ~ 094701 ~ ~ 1 ~~ -~ -
the current Right-af way, while only non~n~atarized vahlcics and err~ergenc~ vehicles,
mad use the arrYbined Easement, practical public access frorr~ the a~nbined
Easement will be "corr~parable" to or better than the practical access of the Right-af
way. This comparable public access is adapted by this Ordinance,
Section 2. Findin --BINr 12.4.1_~~.8.4, Pursuant to B71Vi 1 ~.3~.1 ~~,B,4, the
its auncil finds that:
A, The vacation of the Right-of =day is in the public's interest; and
B. The Right-of wad is not suitable far port, boat rr~oorage, launching srtes, beach
ar water access, park, public view, creation or education purposes, for the reasons stated in
ectian 1 of this Ordinance,
Section ~, onsideratian and determinations--1311 1 ~, X4.11 a. A required b~
B11VIC 1 ~~4,11 ~, the pity council has considered the following criteria of BYIVI 1 ~F3~.110
to determine whether to vacate the Right~af way Each subsection of BIM 1 x.34, 110 i
quoted below, followed b~ the ltd ounc~l's analysis afthe criterion:
A. Whether a change of use or' vacation of the street or alley will better serve the public.
As noted in section 1 of this Ordinance, ~ 1 ~ portions of the Right-af~wa~ are
encroached upon b~ houses, fences and telephone poles, {~} a substantial portion of
the exlst~ng paved rand ~s located outside of the Right-of Rwa~r, and ~3 }the Right-af
wad has a jog in the middle. consequently, the public will be better served overall b~
the orr~bined Easement that will be granted in the approximate location of the
existing paved road, The arribined Easement will end at the ~5-foot grossing
Easement, which provides direct publlc access to Puget aund and l~adlson beach
waterway
B, i~he~~re~ ~~e s1~ee~ o~ ~~~ey ~~ ~o ~~e~ ~eq~ir~ea~ f~~ p~~~ic use o~ pu~~i~ acces~T,
As Hated in paragraph A above and paragraph B of section ~ of this Ordinance the
Right-of way gill Hat be required for public use ar public access because the
combined Easement will be granted in connection with the vacation. The combined
Easement will provide public use and access that overall is comparable to the existing
public use and accessF
. Y~~re~~er t1~e su~s~i~~~ro~t of a grew aid dr~er~e~~ p~~~~c u~ay wo~~a~ ~e o~~ ~cseu~ ~~ ~~e
pubic.
Again, the combined Easement, which is a substitution of a new and different public
way, will be more useful to the public, for the reasons pointed out in paragraph A
above and paragraph >3 of Section 2 Qfthis Ordinance
a~~s~~. ~ ~ o~~~o~ o ~ o~ -4-
D, Y~he~he~ co~ditia~rs may so change i~ the u~ur~e as ~a p~~ovrde a g~ea~er use o~ geed
~ha~ ~ese~~~y exrs~s.
The I~i~ht-~~=a~ i at the ~~t~rl~ end of Paint N~onra Drive NE and the ~an~ p1t.
The lots abutting the Right-of way either are developed ar likely will not be
developed, due to lack of space for new septic drainfields and regulatory and
environmental restrictions. Therefore, future conditions will not rewire greater use
or need.
E, i~he~he~ a~je~tro~s ~~ the ~ro~ased vacation aye made by ow~re~s ~ f prr'vale ~a~•a~er~~y
~exc~us~ve o~pe~itior~ers~ ahutti~g the s~ree~ or a~~ey o~ athe~ gove~~rme~ta~ agencies
~~ rnem~e~s of the geera~ pu~~ic.
No gavernn~ental agencies have objected to the Right-af way vacation, pity advisory
groups favor the vacation, if the ombincd Easement is granted. No owners of lots
abutting the Right-af way and na rr~embers afthe general public object to the Right-
,
of '~~ vacation,
ect~or~ ~. vacation. The fallowing portion ofPaxnt Monroe Drive NE is vacated
to the owners of the lots abutting the right~a~ way as follov~rs:
1, That portion of the right-af wad of Point Monroe Drive NE Mountain view
Lane per platy as shown on the plat of Madison Beach, recorded in vol~~~ne , page 1 ~ of plats,
records of ~itsap bounty, Washington, situate in government Lot 1, ectian 2~ and
government Lot ~, section 35, all in Township ~~ North, Range ~ East, w,M,, pity of
Bainbridge Island, wasl~ingtan and lying:
a, Between the Northern extension of the East line of lot 2 of said plat of
Madison Beach and the Northv~resterly extension of west line of lot ~~ of said plat of Madison
Beach tax lot nos, 4155-000-~~~-037, 4155-D00~096~000, 4155-X00-0~3-0207, 4155-000
0~4-o~~s, ~ ~ SSROO~-~~~-o ~ ~ ~, ~ 1 SS~OOO-~~~-010, ~ 1 SS~OOO~o~S-~ZOS, ~ 1 SS~OOa-o~S-
0403, ~ 155-000-0~7-0005, ~ 155-000-0~~0102~; and
b. Between the Northwesterly extension of the East line of lot 74 of said
plat of Madison Beach and the Northwesterly e~tensian of the west line of lot 77 of said plat
of Madison Beach Tax lot nos, 4155-000-074-000, 4155-000-075-0005, 4155-0~0-07~-
0004, 4155-000077-0003; and
~, That portion of the right-of~way ofPoint Monroe Drive NE as eonve~ed in the
right-of-way deed required by the pity of Bainbridge Island ~rdinar~ce'No, 2004-06 and
recorded under ~itsap bounty ~uditar's l~'ile No, ~004052502b8 blots 71 and 72 of said plat
of Madison Beach} ~Ta lot no.4155-000071-0009}.
3. That pardon ofthe rlght~a~ way ofPoint Monroe Drive NE as conveyed in the
right-af wa}~ deed rewired by the pity of Bainbridge island ordinance No~ 2004~0~ and
~09S~b.1 ~ 094700 ~ O106 -~-
recorded under Kitsap County Auditor's Bile Na, 2a04D~~5a~~9 blots 73 and 85 of said plat
of Madison Beach} Tax lot na, 41 ~Raaa~a73-a007},
The right-af quay being vacated is depicted on exhibit A, which is incarparated by reference.
ectior~ ~, granting of Easet~ents, In satisfaction of the required co~npensation
for vacation of the Ri ht-af~a , the ov~ners of the lots abutting the Right-af 'ay vacated in
~ y
ectian ~ of this ordinance have granted to the City a public access easarnent of 9 feet ~in
width ~"Access l~aserr~ent"}, an emergency easement of an additional 3 feet in width, centered
an the Access ~aerrrent ~"Emergency Easerr~ent"}, and an additional utility easement of 8 feet
in width North of and abutting the l~mergency Easement collectively, the "Public
Easement"}, in the farm of the Point 1Vlanrae Drive Public Easerrient and ~lreen~ent attached
as exhibit ~, which is incorporated by reference, The Interin~ City Manager is authorized
and directed to execute the Public l~asen-~ents an behalfof the City. The City Clerk is
authorized and directed to record a certified copy of this ordinance and the Public Easements
with the I~.itsap County ~luditar's office,
ect~an 6, Emer enc Easement--structures and Obstructiai~s, The Emergency
Easement provides that it shall be free frarr~ structures, pert anent or movable, and
Obstructions, such as fences, storage units, lame racks and large plants, that are placed ar
grow after the date of the Emergency Easement, The structural and abstractions as of the
date of the Emergency basement are shown on the pictures attached a exhibits tl~raugh ~,
which are incarparated by reference,
ecti~n 7. Payrrient of Compensation. The a~rners of the lets abutting the Right-
af day have granted the Public basement to the City in lieu ofpayn~ent of cainpensation far
vacation of the Right-af day, pursuant to BIMC 1 ~~3~.135. The City Council dtei~n~ines
that the fair market value of the Public Easerrient is equal to the fair market value of the
Riht~af day vacated and, therefore, the a~vners of lots abutting the Right-a~ day are not
required to pay compensation for the Right-af V~ay pursuant to BIMC 1~,~4.1~0,1 ~,~4,1 ~0
and 12.3,1 ~a,
ectior~ 8, Effective Date, This ordinance shall be effective seven ~7} days from
and after its passage, approval, publication, and posting as required by la~v.
PACED by the City Council this ~"~ day of March, 2011,
APPR~'~ED by the Mayer this ~`~' day of March, 2~ 11.
Kirsten Hytopoulos, Mayor
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1V1A~ OF ~AATI~N AREA
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E~HI~IT B
F~~1 F ~~INT ~N~~~ ~~B~r ~A~M~NT AND Ar~E~1V~ENT
AIiTER REC~R~ING, PI~EAE RETURN TG.
Roy l~assoff, City Clerk
City ofBainbridge Island
28a 1Vladison Avenue North
Bainbridge Island, V~'A 9S 1 l~
P~~NT 1V~ONR~~ DRIVE ~'~~~~C ~AEEI~~' ANA A~RE~IV~~~~'
Grantor{s):
Grantee: City of Bainbridge Island, ~Vashingtan, a r~unlclpal corporation
halt f,cgal Description:
~an~plete legal description on Exhibit A}
Assessor's Property ~'ax
ParcellAccaunt Numbers}:
Reference Nu~nber~} of
Documents Assigned
ar Released: NIA
7'~~S P~rI~T INR~E DIVE PC~~E~C ~AEl1~El~'~ AIV~D ARI~EIli~1~T
~"Agreement"} i made this ~ day of Baia, by and between
~"Grantor"} and the CITE GP ~AINBR~DGE IIIAND, ashingtan, a municipal corporation
~"Grantee"}. The parties agree as follows;
1. Grantor's Real Pro ert , Grantor is the fee a~vner of the real property which is
legally described on Exhibit A, attached hereto and incorporated herein ~"Grantor's Real
Property"},
2, Grant of Public Access EasemntF Grantor, for valuable consideration, the receipt
of which is hereby acknaledged, grants, conveys and v~arrants to Crrantce,lt successors and
assigns, a perpetual, nonexclusive public access easement nine ~9} feet in width, as legally
described on Exhibit B, attached hereto and incorporated herein April 20, 2aa9 Private Access
and Public Pedestrian Easement by Adam . Goldsv~arthy, inc., Land purveyors}, and depicted
_I~
an Exhibit ~, attached hereto and incorporated herein April ~ 1, ~0~ Proposed Easement Areas
by Adam g~ldsworthy, Inc, land purveying} {"Public Access Easement"}. Exhibit ~3
describes the Public Access Easement across Grantor's Real Property and the parcels adjoining
grantor's Real Property,
3, Purpose of Public Access Easement. The Public Access Easement 1s fir the
purpose, frarra dawn to dusk, of ~ 1 }travel of pedestrians and domestic animals including horses},
~2} operation of non-rrxatari2ed vehicles, and ~3} operation afity utility vehicles.
4, grant of Ernery and Utilit~r_ er~nt~ Crantar, for valuable cansiderattan,
the recei t af~ which is hereb acknowledged, grants, conveys and warrants to grantee, its
P ~
successors and assigns, as well as to utility service providers, including but not limited to water,
electric, cable and teleca~nmunication service providers, a perpetual, nonexclusive emergency
access and utility easement twelve ~ 1 ~} feet in width and centered an the Public Access
Easement granted in section ~ shave, as legally described on Exhibit I~, attached hereto and
incorporated herein April 2~, ~D~~ Erraergency ~ehiele Access Easement by Ada~~n
galdswarthy, Inc., Land purveyors}, and depicted an Exhibit ~"Emergency and Utility
Easement"}, Exhibit ~ describes the Ernerget~cy and Utility Easement across grantor's Real
Property and the parcels ad~aining grantor's Real Pt•aperty.
Pu ose of E~ner enc and Utilit Easement The Err~ergency and Utility
Easement is far the purpose of ~ 1 } operation ~f emergency vehicles and ~~} ownership,
construction, installation, operation, access, maintenance, repair, irr~pravement and replacement
of exlst~ng utility services or future underground utility services. The portion of the Emergency
and Utility Easement outside of the Public Access Easement shall be free from above-ground
structures, permanent ar movable, and obstructions, such as utility pales, fences, storage units,
large rocks and large plants, that are placed ar grow after the date of establishment of the
Emergency and Utility ~aserrientF A photograph of such structures and obstructions existing on
the date of establishment of the Emergency and Utility Easement is attached hereto and
incorporated herein as Exhibit ~~
~, grant of Additional Utility Eaeinent. grantor, for valuable cansideratian, the
receipt of which is hereby acknowledged, grants, conveys and warrants to rantee,lts successors
and assigns, as well as to utility service providers, including but not limited to water, electric,
cable and teleeomn~unicatian service providers, a perpetual, nonexclusive easement for
underground public utilities and services eight ~S} feet in width North of and abutting the
Northernmost edge of the Emergency and Utility Easeir~ent ~"Additional ~tllity Easement"},
7~ Pur ass of Additional Utilit Easement The Additional Utility Easement is
solely for the purpose of ownership, construction, installation, operation, access, rraaintenance,
repair, in~pravement and replacement of underground utility services
8. grant of l~ urther Utilit Easement. Grantor, far valuable consideration, the
receipt of which is hereby acknowledged, grants, conveys and warrants to Grantee, its successors
and assigns, as well as to utility service providers, including but not limited to water, electric,
4Q962~,1 ~ ~9470~ ~ 0l~fi -~-
cable and telecomt~unicatian service provider`s, a perpetual, nonexclusive easement solely for
exl~ting public utillties a17d exlsting servlCes on Grantor} Real PrOpe~'ty, aid located outside of
the Emergency and Utility Easerr~ent and the Additianal Utility Easement, on the date of
establishment of such Easements ~"Further Utility Easei~nent"},
9. Maintenance ofPaved Road. Grantor shall rriaintain the paved road that is located
in the Public Access Easement in the condition existing on the date of establishment of the
Public Access Easement, or in better Condition. The condition of the paved rand on the date of
establishment ofthe Public Access Easement is shown on ~~hlbl# E,
1 ~. 1971 Joint Easement A reeinent, This Public F.aseinent and Agreerrzent shall not
affect or im air an of Grantor's existin ri hts ar obligations as set fartl~ in the February 10,
1? ~ g g
1971 Joint Easement Agreement, except as expressly provided for herein
11, Effective late. This Public Easement and Areerrxent shall false effect upon ~ 1 }
passage by the pity council of Grantee, on or before March 3 ~ , ~~ 11, of an ordinance vacating
the right-Df way on Grantor's Real Property pursuant to petltlan filed wlth Grantee an April 2~,
2009 and ~2} execution by an authorized representative of Grantee of this Public Easement and
Agreement. --
1 ~. Bindin Effect This Public Easement and Agreement and the rights and
obli ations under it are intended to and shall run with the land and sha11 benefit and bind the
g
parties and their respective successors and assigns,
1 ~ . Good Title. Grantor warrants that it has good title to Grantor's Real Property and
warrants Grantee title ta, and quiet en~ayment af, the Public Access Easement, Emergency and
Utility Easement, Additional Utility Easement and Further Utility Easement conveyed in this
Public Easement and Agreei~nent~
I4. Reeordin . Grantee shall record this Public Easement and Agreement with the
Ritsap bounty Auditor, at the cost and expense of Grantee.
1 orrr~lete A~reerrient~ This Public Easement and Agreement represents the
complete agreement of the parties regarding the matters described herein, There are na other
verbal or written agreements regarding the easement rights and obligations set forth herein,
except as contained in this Public Easement and Agreement, This Public Easement and
Agreement may only be modified by written document signed by the parties,
1 ~. Attorneys" Fees, rf either party brings any suitor other proceeding arising out of
or in connection with this Public Easement and Agreement, the prevailing party has determined
by the court or other authority before which such suit or proceeding xs commenced} shall, in
addition to such other relief as may be awarded, be entitled to recover reasonable attorneys" fens
and costs.
~N YTN~S V~HERE~~' the undersigned have executed this Public Easement and
A~reernent an the dates indicated below
RA~CT~~:
RAI~T~E:
CITY 0~' ~~INBRIDE ISLAND
By.
Its:
STATE OF WASHINGTON )
ss:
COUNTY OF )
I certify that I knave ar have satisfactor~r evidence that
is~are t_he persons} vvha appeared before tne, and said
person~s~ acknav~led~ed that helshelthe~ signed this instrument and acknov~ledged it to be
hlslherlthelr free and voluntary act for the uses and purposes n~entloned In the in~tru~rrent.
DATED ;
NAIVIE:
Print Name}
Notary Public in and for the State of Washington.
~orrtmissian Expires:
~o~~~~. ~ ~~~~~o ~ 010 -~-
STATE OF WASHINGTON )
ss:
COUNTY OF )
I certify that I ~nov~ or have satisfactory evidence that
islare the person{s} who appeared before rrze, and said
persons} acknav~ledged that helshelthey signed this instrurr~ent and acknowledged it to be
hislherltheir free and voluntary act far the uses and purposes rr~entioned in the instrument.
DATED;
NAl1~E;
Print Name}
Notary Public in and far the state of ashingtan,
~on~n~isian Expires:
-- --- _ _.
STATE OF WASHINGTON }
} ss:
COUNTY Or KITSAP )
I cer~tlfy that I kna or have sat~sfacta~•y e~ldence that
i the parson v~ha appeared before me, and said person acknov~ledged that helshe signed this
instrument, an oath stated that helshe was authorised to execute the instrurent, and
acknov~ledged it as the of the CITY OF BAINBIYDC~E
ISLAND, ashingtan, a municipal corporation, to be the free and volu~~tary act of such
municipal ~orparatian fa~~ the uses and purposes rrrentioned in the instrument.
DATED;
NAME:
Print Name}
Notary Public in and for the state of ashington~
ammissian expires;
~0~62~.1 ~ 0947U~ 016 -~-
~XI~IBIT A
~EIY~~ DECIP'~Y~N ~~' R~NT~R' ~~AL PRP~~T'Y
Adam ~ oldswo~•thy, one. `~~riVate Acce~~ and Public pedestrian Easemcnt," dated Arid
~U, ~0~9}
~~IIBIT
D~PITY~N ~~ PUI~LI ACE EA~IVINT AND E1VI~~ENY AND TII~~T~'
AIi~MENT
~A~a~n I~ald~~r#hy, Inc. ur~ey of"P~oposed I~~ascmen# Areas," dated A~ri12~y X409}
b~HIBIT D
~bAL DEI~IP~I~N ~~' b1VIbbNY ANA UTILYT~' bASbNYbI~~'
Adam olds~warth~, YI]C., "bn~erency 'vehicle Access basement," dated April ~~, 2019}
E~H~B~T ~
PHOTO~~APH ~F TRC~TU~, ~BTUC'T~~I~ ANA PAVED ~OA~D
E~~YBYT ' t~~rough ~
TR~'C] III ~IV~~R~ENY ~A~~~NT
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