RES 2009-16 CERTIFICATION OF RES 2009-16I, Rosalind D. Lassoff, City Clerk for the City of Bainbridge Island, Washington, do herby certify that the
attached is a full, true and correct copy of Resolution No. 2009-16, approved by the Bainbridge Island
City Council at its Regular City Council Meeting of June 2, 2009.
WITNESS my hand and official seal this 22nd day of December, 2010.
Rosalind D. Lassoff, Bainbridge Island City Clerk
RESOLUTION NO. 2009-16
A RESOLUTION of the City Council of the City of Bainbridge Island,
Washington, recognizing the 1908 vacation of that portion of the 10 foot
Unnamed Road lying Westerly of Battle Point Drive NE and Easterly of
Skinner Road NE and lying North of Lots 1, 2, and 3, Searle's Garden
Tracts, as recorded in Volume 2, page 73 of plats, records of Kitsap
County, Washington.
WHEREAS, that portion of the 10 foot Unnamed Road lying Westerly of Battle Point
Drive NE and Easterly of Skinner Road NE and lying North of Lots 1, 2, and 3, Searle's
Garden Tracts, as recorded in Volume 2, page 73 of plats, records of Kitsap County,
Washington, was designated as a county road in 1903 in an area that was subsequently
annexed into the City of Bainbridge Island in 1991; and
WHEREAS, the laws in effect at the time of dedication required the roadway to be
opened for the public use within five years of dedication. The road was not opened by
1908, therefore, the roadway was automatically vacated by operation of law; and
WHEREAS, the City desires to recognize and acknowledge that that portion of the 10
foot Unnamed Road lying Westerly of Battle Point Drive NE and Easterly of Skinner
Road NE and lying North of Lots 1, 2, and 3, Searle's Garden Tracts, as. recorded in
Volume 2, page 73 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 has been vacated by operation of law; now, therefore,
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND,
WASHINGTON DOES RESOLVE AS FOLLOWS:.
Section 1. The City of Bainbridge Island hereby recognizes and acknowledges that,
pursuant to the laws of 1889-1890, Section 32, Chapter 19, that portion of the 10 foot
Unnamed Road lying Westerly of Battle Point Drive NE and Easterly of Skinner Road
NE and lying North of Lots 1, 2, and 3, Searle's Garden Tracts, as recorded in Volume 2,
page 73 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 has been vacated by operation of law.
N,
Section 2. Severability. If any one or more sections, subsections, or sentences of this
Resolution are held to be unconstitutional or invalid, such decision shall not affect the
remaining portion of this Resolution and the same shall remain in full force and effect.
Section 3. Effective Date. This Resolution shall take effect and be in force immediately
upon its passage.
PASSED by the City Council this 24"' day of June, 2009.
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Christopher Snow, Mayor
ATTEST:
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Rosalind D. Lassoff, City Clerk
FILED WITH THE CITY CLERK: June 16, 2009.
PASSED BY THE CITY COUNCIL: June 24, 2009
RESOLUTION NO.: 2009-16 .
EXHIBIT A
DESCRIPTION
A portion of Section 17, Township 25, Range 2 East, Willamette Meridian, City of Bainbridge
Island, Kitsap County, Washington described as follows:
A portion of the 10 foot Unnamed Road lying Westerly of Battle Point Drive NE and Easterly of
Skinner Road NE and lying North of Lots 1, 2, and 3, Searle's Garden Tracts, as recorded in
Volume 2, page 73 of plats, records of Kitsap County, Washington.
41,
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POIN T DRI VE NC
BATTLE POINT PARK � AM-]