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ORD 2012-02 PT MONROE ROW VAC SMITHDOROTHY SMITH 201202210302 Ordinance Rec Fee: $ BB 00 02/2112012 04:15 PM Page 1 of 27 Walter Washington, Kitsap Cc Auditor 11111111111111111111111111 IN 1111111 111111 1111 1111 I l I I 1 1111111111111111111111111111111111 Filed for Record at the Request of. The City of Bainbridge Island AFTER RECORDING RETURN TO: City of Bainbridge Island 280 Madison Avenue N. Bainbridge Island, WA 98110 Document Title: Ordinance No. 2012 -02 Grantor's Name: City of Bainbridge Island Grantee's Name: Smith, Dorothy J. (4155- 000 - 036 -0201) Smith, Dorothy (4155- 000 - 037 -0002) Smith, Gregory T. (4155- 000 - 122 -0107) Tax Parcel # 4155- 000 - 036 -0201 Abbreviated Legal Description: Lot 36 of the Plat of Madison Beach as recorded in Volume 5 of Plats, Page 14, records of Kitsap County, Washington; Situate in Section 35, Township 26 N., Range 2 E., W.M., Bainbridge Island, Kitsap County, WA; Tax Parcel # 4155- 000 - 037 -0002 Abbreviated Legal Description Lot 37 and Lot 121 of the Plat of Madison Beach as recorded in Volume 5 of Plats, Page 14, records of Kitsap County, Washington; Situate in Section 35, Township 26 N., Range 2 E., W.M., Bainbridge Island, Kitsap County, WA; Tax Parcel # 4155- 000 - 122 -0107 Abbreviated Legal Description: Lot 122 of the Plat of Madison Beach as recorded in Volume 5 of Plats, Page 14, records of Kitsap County, Washington; Situate in Section 35, Township 26 N., Range 2 E., W.M., Bainbridge Island, Kitsap County, WA; ORDINANCE NO. 2012-02 AN ORDINANCE of the City of Bainbridge Island, Washington vacating a portion of Point Monroe Drive abutting Tax Lot No. 4155- 000 - 036 -0201, Tax Lot No. 4155- 000 - 037 -0002, and Tax Lot No. 4155 -000- 122 -0107 and requiring the dedication of the existing paved right -of -way. WHEREAS, on December 2, 2011, Dorothy Smith, owner of Tax Lot Nos. 4155 -000- 036 -0201 and 4155- 000 - 037 -0002 (the "Petitioner "), filed a petition to vacate a portion of dedicated right -of -way along Point Monroe Drive NE (Mountain View Lane per plat) abutting such real property; and WHEREAS, the proposed road vacation is to correct the alignment of the existing platted right -of -way with the existing paved right -of -way for an equal area exchange, depicted on Exhibit A, and the Petitioner proposes to record the dedication of the existing paved right -of -way simultaneously with the recordation of this ordinance; and WHEREAS, on December 5, 2011, the Director of Public Works certified that the petition was legally sufficient having been signed by more than 74% of the owners of property abutting said right -of -way, exceeding the two - thirds requirement of Bainbridge Island Municipal Code ( "BIMC ") Section 12.34.060; and WHEREAS, by Resolution No. 2011 -28, the City Council set a public hearing before the City Council on the proposed vacation for January 11, 2012; and WHEREAS, City staff posted, published and mailed notices of the public hearing in accordance with BIMC Section 12.34.080; and WHEREAS, the City Council held the hearing at the scheduled time on January 11, 2012; 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, a vacation of the right -of -way will better serve the public, and the substitution of the existing paved public right -of -way would be more useful to the public; WHEREAS, the City Council has considered whether conditions may change in the future as to provide a greater use or need than presently exists; and WHEREAS, the City Council desires to vacate the portion of Point Monroe Drive depicted on Exhibit B and legally described on Exhibit C and to accept the Petitioner's proposal to transfer the real property depicted on Exhibit D and legally described on Exhibit E in exchange for and as compensation for the vacation of Point Monroe Drive; and WHEREAS, upon passage of this ordinance, Petitioner will submit a signed and notarized deed dedicating the 2000.4 square feet of right -of -way to the City in the form attached hereto as Exhibit F and made a part hereof by this reference; and WHEREAS, upon passage of this ordinance, Petitioner will submit signed and notarized quit claim deeds in the form attached hereto as Exhibit G transferring a portion of Lot 36 and Lot 37 to Lot 121 and Lot 122 to align such parcels with the new right -of -way; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. Findings. Declarations and Statements. The City Council adopts the following findings, makes the following declarations and enters the following statements, which address the requirements of BIMC Section 12.34.120. A. BIMC Section 12.34.120.A requires that at least one of three conditions must be present to vacate a street adjacent to fresh or salt water. The condition quoted below is met by the proposed vacation: The city council, by resolution, declares that the street is not presently being used as a street and that the street is not suitable for any of the following purposes: port, beach or water access, boat moorage, launching sites, park, public view, recreation, or education (BIMC 12.34.120.A.2). A substantial portion of the right -of -way is located outside of the existing paved road that serves the lots and is not presently being used as a street. B. In accordance with BIMC Section 12.34.120.13.4, the City Council finds that: The vacation of the right -of -way is in the public's interest; and 2. The right -of -way is not suitable for port, boat moorage, launching sites, beach or water access, park, public view, creation or education purposes. Section 2. Criteria. The City Council has considered the criteria set forth in BIMC Section 12.34.110 as provided by the Petitioner's application to determine whether to vacate the right -of -way, including whether the substitution of a new and different public way would be more useful to the public. Section 3. Vacation. The right -of -way being vacated is depicted on Exhibit B, which is incorporated by reference. Section 4. Payment of Compensation. The owners of the lots abutting the right -of- way have granted the dedication described in Exhibit E to the City in lieu of payment of compensation for the vacation of the right -of -way, in accordance with BIMC Section 12.34.135. The Director of Public Works determined the fair market value of the real property proposed to be dedicated to the City in lieu of cash payment under BIMC Section 12.34.130 in accordance with the appraisal procedures set forth in BIMC Section 12.34.140. The fair market value of the right -of -way dedication is equal to the fair market value of the right -of -way vacated and, therefore, the owners of lots abutting the right -of -way are not required to pay compensation for the right -of -way vacation in accordance with BIMC Section 12.34.135. Section 5. That portion of Point Monroe Drive abutting Tax Lot No. 4155- 000 -037- 0002 and Tax Lot No. 4155- 000 - 036 -0201 is vacated to Dorothy Smith and that portion of Point Monroe drive abutting Tax Lot No. 4155- 000 - 122 -0107 is vacated to Gregory T. Smith. Section 6. Upon receipt of the deed from the Petitioner dedicating the new right -of- way to the City in the form attached hereto as Exhibit F, 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 7. If the Petitioner fails 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 8. Effective Date. 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 8"' day of February, 2012. APPROVED by the City Council this 8"' day of Febr 63,, 2012. Debbi tZsT r, Mayor ATTEST /AUTHENTICATE: Rosalind D. Lassoff, City Clerk FILED WITH THE CITY CLERK: January 13, 2012 PASSED BY THE CITY COUNCIL: February 8, 2012 PUBLICATION: February 10, 2012 EFFECTIVE DATE: February 15, 2012 ORDINANCE NO.: 2012 -02 s L n e v a s? I EXHIBIT A - DEPICTION SHOWING BOTH VACATION & DEDICATION 3 �_0 G a d,F T � =3 s r r r � EEXH1 B1T" A J �a r EXHIBIT B - VACATION AREA 1 I F rt i lJ RlGMT— t�F- -WAY PER PLAT OF — - rr MADISON BEACH (VOL- 5. PG. 7 4) PROPOSED FOR VAC.APON W LC3r� 36 -3'7 AND 72r -12.2 , vol -15 j S' ` C, l survey ;Mformct on , provided by:ck A.D_A. Engineering ` P, O, Box 847 \t Paulsbo, WA 93370 s 1_!�'f}li1 EXHIBIT 8 ,, CITY OF DATE Point Right— Monroe Drive NE of —Woy Vacation '---- BAINBRIIpGE ISLAND PUBLIC WORKS ENGINEERING NUMBER IG L. 2, Sec. 35, T.26N., R.2E., W.M— DEPARTMENT EXHIBIT C MOUNTAIN VIEW LANE RIGHT -OF -WAY: TO BE VACATED (DESCRIPTION BASED ON PLAT) That portion of the Mountain View Lane right -of -way of the Plat of Madison Beach as recorded in Volume 5 of Plats, Page 14, records of Kitsap County, Washington, described as follows: Beginning at the Southeast corner of Lot 36 of said plat, being a point on the westerly margin of the platted right -of -way of said Mountain View Lane; Thence along said westerly right -of -way North 28 °26' West 100.00 feet to the Northeast corner of Lot 37 of said plat; Thence North 61'34' East 20.00 feet to the easterly margin of said right -of -way, being the Northwest corner of Lot 121 of said plat; Thence along the easterly margin of said right -of -way South 28 °26' East 100.00 feet to the Southwest corner of Lot 122 of said plat; Thence South 61 °34' West 20.00 feet to the Point of Beginning; Situate In Section 35, Township 26 N., Range 2 E., W.M., Bainbridge Island, Kitsap County, WA. AREA= 2,000 SQUARE FEET EXHIBIT D - DEPICTION OF DEDICATION ,. ram - ✓y l CENTER(JNE MONUMENT �. MONUMENT IN CASE �,�� -' ✓ ` (NOV, 20,04) \- 14z) ry - l tc 1 v 4 PROPQSEA RIGHT- pF -l4'AY ? , DEDr -4TJON OVER EXISTWC S RL AUWAY PER SVRN -r)r FOR ` r CITY OF £AmaRIDGE ISLAND CENTERLINE MONUMENT (VOL 51, �. r05 -1 ta) � MONUUENT IN CASE Survey iii €olm tiara ;� �'� �NOV 2004) provided by: -t N �. A.D.A. Engineering R.4. Box 847 Peulsbo, WA 98370 -L � 11 XH EU CITY OF DATE Point Monroe Drive NE BAINBRIDGE ISLAND Right— of-- -Wey Dedication PUBLIC WORKS ENGINEERING r_,Y E-;ER G -L, 2, See. 35, T.26N., R.2E„ W,M. DEPARTMENT EXHIBIT E DESCRIPTION OF AREA TO BE DEDICATED TO THE CITY OF BAINBRIDGE ISLAND, WA, FOR NE POINT MONROE DRIVE RIGHT -OF -WAY: (This description is based on the survey done for the City of Bainbridge Island, WA, and recorded in Volume 51, Pages 106 -110 of surveys, records of Kitsap County, Washington) That portion of Lots 36 and 37 of the Plat of Madison Beach as recorded in Volume 5 of Plats, Page 14, records of Kitsap County, Washington, described as follows: Beginning at the centerline monument set for the City of Bainbridge Island and recorded in Volume 51, Pages 106 -110 of surveys, records of Kitsap County, Washington, adjoining Lots 39 -40 and Lots 118-119 in the existing roadway for NE Point Monroe Drive; Thence along the surveyed centerline for said NE Point Monroe Roadway South 28 °07'54" East 99.75 feet to the True Point of Beginning; Thence North 63 °00'31" East 10.00 feet; Thence South 28 °07'54" East 100.02 feet; Thence South 63 °00'31" West 20.00 feet; Thence North 28 °07'54" West 100.02 feet; Thence North 63 °00'31" East 10.00 feet to the True Point of Beginning. Situate in Section 35, Township 26 N., Range 2 E., W.M., Bainbridge Island, Kitsap County, WA. AREA = 2,000.4 SQUARE FEET EXHIBIT F FORM OF RIGHT -OF -WAY DEED GRANTOR: Dorothy Smith GRANTEE: City of Bainbridge Island ABBREVIATED LEGAL DESCRIPTION: Tax Parcel # 4155- 000 - 036 -0201 Abbreviated Legal Description: Lot 36 of the Plat of Madison Beach as recorded in Kitsap County, Washington; Situate in Section 35, Bainbridge Island, Kitsap County, WA; Tax Parcel # 4155- 000 - 037 -0002 Volume 5 of Plats, Page 14, records of Township 26 N., Range 2 E., W.M., Abbreviated Legal Description Lot 37 and Lot 121 of the Plat of Madison Beach as recorded in Volume 5 of Plats, Page 14, records of Kitsap County, Washington; Situate in Section 35, Township 26 N., Range 2 E., W.M., Bainbridge Island, Kitsap County, WA; KNOW ALL MEN BY THESE PRESENTS THAT the undersigned grantor, owner of the properties described in the attached Exhibit A, for and in consideration of the benefits of a public right of way and other valuable consideration, the receipt whereof is hereby acknowledged, dedicates to the City of Bainbridge Island and to the use of the public forever that portion of the right of way along Point Monroe Drive NE (Mountain View Lane per plat) described in the attached Exhibit B and shown on attached Exhibit C. The Grantor hereby agrees and consents to the establishment of said road as described, and to the 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, establishment, 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 road, 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 of Washington. Said covenants shall run with the land and be binding upon the grantor, her successors or assigns. TO HAVE AND TO HOLD the same, unto the City of Bainbridge Island for the purpose of a public road forever. IN WITNESS WHEREOF, the Grantor has executed this deed on this day of .2011 GRANTOR: Dorothy Smith STATE OF WASHINGTON ) ) SS COUNTY OF KITSAP ) On this day of . 2012, before me, a Notary Public in and for the State of Washington, personally appeared Dorothy Smith, 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 official seal the day and year first above written. NOTARY PUBLIC in and for the State of Washington, Residing at My appointment expires FXHIRIT A FORM OF RIGHT -OF -WAY DEED PROPERTY DESCRIPTION Tax Parcel #4155- 000 - 036 -0201 Lot 36 of the Plat of Madison Beach as recorded in Volume 5 of Plats, Page 14, records of Kitsap County, Washington; Situate in Section 35, Township 26 N., Range 2 E., W.M., Bainbridge Island, Kitsap County, WA; Together with tidelands. Tax Parcel #4155- 000 - 037 -0002 Lot 37 of the Plat of Madison Beach as recorded in Volume 5 of Plats, Page 14, records of Kitsap County, Washington; Situate in Section 35, Township 26 N., Range 2 E., W.M., Bainbridge Island, Kitsap County, WA; Together with tidelands. =4111:120817 FORM OF RIGHT -OF -WAY DEED RIGHT -OF -WAY DEDICATION DESCRIPTION (This description is based on the survey done for the City of Bainbridge Island, WA, and recorded in Volume 51, Pages 106 -110 of surveys, records of Kitsap County, Washington) That portion of Lots 36 and 37 of the Plat of Madison Beach as recorded in Volume 5 of Plats, Page 14, records of Kitsap County, Washington, described as follows: Beginning at the centerline monument set for the City of Bainbridge Island and recorded in Volume 51, Pages 106 -110 of surveys, records of Kitsap County, Washington, adjoining Lots 39 -40 and Lotsl 18 -119 in the existing roadway for NE Point Monroe Drive; Thence along the surveyed centerline for said NE Point Monroe Roadway South 28 °07'54" East 99.75 feet to the True Point of Beginning; Thence North 63 °00'31" East 10.00 feet; Thence South 28 °07'54" East 100.02 feet; Thence South 63 °00'31" West 20.00 feet; Thence North 28 °07'54" West 100.02 feet; Thence North 63 °00'31" East 10.00 feet to the True Point of Beginning. Situate in Section 35, Township 26 N., Range 2 E., W.M., Bainbridge Island, Kitsap County, WA. AREA = 2,000.4 SQUARE FEET EXHIBIT C FORM OF RIGHT -OF -WAY DEED (, NTER! INE M N4,WE dT MONUMENT W CASE (NOV, 004) 'T " �A'o ,6 POYNT 'a' z. } tA , � CA •,,� "l4 ff L >'R9P(JSEA RIGhiT —OF—WAY DEDICATION OVER EVSTWO ;p w C �Y SFhDCE ISL d?t CENTE'R4,1NE Mf;NU'M NT (VOL 53, PC, 105 -310) MONUMENT IN CASE Survey informotion j- --fNOV. 2004, provided by: A D A. Engineering P 0. &ax 84 % 1 �� Peuisbo, WA 98370 ` 12 -21-901 EXHIBIT G CITY OF DATE Paint Monroe Drive NE BAINBRIDGE ISLAND Right— of —fty Dedication PUBLIC WORKS ENGINEERING NUMBER G.L. 2, Sec. 35, T.26N,, R.2E., W.M, "` � DEPARTMENT EXHIBIT G FORM OF QUIT CLAIM DEEDS AFTER RECORDING, PLEASE RETURN TO: City Clerk City of Bainbridge Island 280 Madison Avenue North Bainbridge Island, WA 98110 Quit Claim Deed Grantor(s): Dorothy Smith Grantee(s): Gregory Smith Short Legal Description(s): Portion of Lot 36 of the Plat of Madison Beach, Vol. 5, Pg. 14, plats, Kitsap County, WA; in G.L. 2, Sec. 35, T. 26 N., R. 2 E., W.M., [Complete legal descriptions on Exhibit A] Assessor's Property Tax Parcel /Account Number(s): 4155- 000 - 036 -0201 Reference Number(s) of Documents Assigned or Released: THE GRANTOR, Dorothy Smith, for and in consideration of $10.00 and other valuable consideration; conveys and quit claims to Grantee, Gregory Smith, legal owner of Lot 122 of the Plat of Madison Beach as recorded in Volume 5 of plats, Page 14, records of Kitsap County, Washington; situate in Government Lot 2, Section 35, Township 26 North., Range 2 East., W.M., Bainbridge Island, Kitsap County, Washington, a portion of Tax Parcel No. 4155 -000- 036 -0201 as described on Exhibit A and depicted on Exhibit B. DATED: . 2012. GRANTOR: Dorothy Smith STATE OF WASHINGTON ) ) ss: COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that Dorothy Smith is the person who appeared before me, and said person acknowledged that she signed this instrument and acknowledged it to be her free and voluntary act for the uses and purposes mentioned in the instrument. DATED: NAME: (Print Name) Notary Public in and for the State of Washington. Commission Expires: EXHIBIT A TO QUIT CLAIM DEED DESCRIPTION OF TRANSFERRED PORTION: That portion of Lot 36 of the Plat of Madison Beach as recorded in Volume 5 of plats, Page 14, records of Kitsap County, Washington, lying Northeasterly of the following described line; COMMENCING AT a concrete monument which marks the southwest corner of Section 35, Township 26 North, Range 2 East, W.M.; Thence along the south line of said Section 35, South 89 °03'30" East for 2639.71 feet to a sandstone monument which marks the south quarter corner of said Section 35; Thence North 01'23'54" East for 2639.45 feet to a 2" diameter iron shaft which is locally accepted as marking the southwest corner of Government Lot 3 of said Section 35; Thence North 01 °23'43" East for 1319.86 feet to a 1.5" diameter iron shaft which is locally accepted as marking the northwest corner of said Government Lot 3 and the south line of Government Lot 2, said Section 35; Thence along the boundary of the Plat of Madison Beach, Volume 5, page 14 of Plats, records of Kitsap County, Washington, North 1'27'57" East for 1.17 feet to an angle point in the boundary of said Plat; Thence North 5'12'50" East for 20.08 feet to the centerline of Madison Road as depicted on the face of said Plat; Thence along said centerline South 89 °09'03" East for 398.02 feet to a point which bears North 89 °09'03" West 54.32 feet from a 1" iron pipe which marks the point of intersection of Madison Road and Mountain View Lane; Thence North 8 °41'57" West for 186.51 feet to a monument; Thence North 8 °41'57" West for 174.88 feet to a monument and the beginning of a horizontal curve, the radius point of which bears South 81'18'03" West 685.82 feet; Thence northwesterly along said curve through a central angle of 19 °25'57" for 232.60 feet to a monument; Thence North 28 °07'54" West for 6.63 feet to the southerly boundary of Lot 36 of said plat and the True Point of Beginning; Thence North 28 °07'54" West for 50.01 feet to the northerly boundary of Lot 36 of said plat; Thence North 63 °00'31" East for 24.39 feet more or less to the centerline of Mountain View Lane per said plat of Madison Beach; Thence South 26 °59'29" East along said centerline 50.00 feet to the southerly boundary of said Lot 36; Thence South 63 °00'31" West along said southerly boundary 23.39 feet to the True Point of Beginning; Situate in Government Lot 2, Section 35, Township 26 N., Range 2 E., W.M., Bainbridge Island, Kitsap County, WA; (This description is based on the survey done for the City of Bainbridge Island, WA, and recorded in Volume 51, Pages 106 -110 of surveys, records of Kitsap County, Washington) EXHIBIT B TO QUIT CLAIM DEED (MAP ATTACHED) GEWERLNE MONUVENI MONUMENT ffil CASE (NOV. 2004) RJGHT-OF-WAY k ter. PER PLAT OF VAr JISON &EACH 0,100 -5. P4 14) PROPOSED FO , R VACAPON 04 LOTS 36-37 AND 121-122 _211 % N-1 o o ><1 vc) S, Z_ PROPOSED Rlv,'W-OF-AAY Df0fCANON OVER EXI_5TMr� da ROADWAY PER SURVEY FOR Cn'y Of' �meAlo6f )5LANO VONUMEtI7 (VOL 51, PG JOS-110J XONIJYENT N CASE Survdy information 'Jf lcv. 2004) providad by: I \ �� t. A.0-A Engin"ring P.O. Box 847 Poulsbo, WA 98-370 0 i -09 --2012 EXHIBIT B CITY OF DATE QUIT CLAIM DEED BAINBRIDGE ISLAND LOT 36, MADISON BEACH PUBLIC WORKS ENGINEERING NUMBER , G.R. 2, Sec. 35, T.26N., R.21E., W M. -DEPARTMENT AFTER RECORDING, PLEASE RETURN TO: City Clerk City of Bainbridge Island 280 Madison Avenue North Bainbridge Island, WA 98110 Quit Claim Deed Grantor(s): Dorothy Smith Grantee(s): Dorothy Smith Short Legal Description: Portion of Lot 37 of the Plat of Madison Beach, Vol. 5, Pg. 14, plats, Kitsap County, WA; in G.L. 2, Sec. 35J. 26 N., R. 2 E., W.M., [Complete legal description on Exhibit A] Assessor's Property Tax Parcel /Account Number(s): 4155- 000 - 037 -0002 Reference Number(s) of Documents Assigned or Released: THE GRANTOR, Dorothy Smith, for and in consideration of $10.00 and other valuable consideration, conveys and quit claims to Grantee, Dorothy Smith, legal owner of Lot 121, of the Plat of Madison Beach as recorded in Volume 5 of plats, Page 14, records of Kitsap County, Washington; situate in Government Lot 2, Section 35, Township 26 North., Range 2 East., W.M., Bainbridge Island, Kitsap County, Washington, a portion of Tax Lot No. 4155- 000 -037- 0002 as described on Exhibit A and depicted on Exhibit B. DATED: . 2012. GRANTOR: Dorothy Smith STATE OF WASHINGTON ) ss: COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that Dorothy Smith is the person who appeared before me, and said person acknowledged that she signed this instrument and acknowledged it to be her free and voluntary act for the uses and purposes mentioned in the instrument. DATED: NAME: (Print Name) Notary Public in and for the State of Washington. Commission Expires: 25 EXHIBIT A TO QUIT CLAIM DEED DESCRIPTION OF TRANSFERRED PORTION: That portion of Lot 37 of the Plat of Madison Beach as recorded in Volume 5 of plats, Page 14, records of Kitsap County, Washington, lying Northeasterly of the following described line; COMMENCING AT a concrete monument which marks the southwest corner of Section 35, Township 26 North, Range 2 East, W.M.; Thence along the south line of said Section 35, South 89 °03'30" East for 2639.71 feet to a sandstone monument which marks the south quarter corner of said Section 35; Thence North 01'23'54" East for 2639.45 feet to a 2" diameter iron shaft which is locally accepted as marking the southwest corner of Government Lot 3 of said Section 35; Thence North 01'23'43" East for 1319.86 feet to a 1.5" diameter iron shaft which is locally accepted as marking the northwest corner of said Government Lot 3 and the south line of Government Lot 2, said Section 35; Thence along the boundary of the Plat of Madison Beach, Volume 5, page 14 of Plats, records of Kitsap County, Washington, North 1 °27'57" East for 1.17 feet to an angle point in the boundary of said Plat; Thence North 5 °12'50" East for 20.08 feet to the centerline of Madison Road as depicted on the face of said Plat; Thence along said centerline South 89 °09'03" East for 398.02 feet to a point which bears North 89 °09'03" West 54.32 feet from a 1" iron pipe which marks the point of intersection of Madison Road and Mountain View Lane; Thence North 8 °41'57" West for 186.51 feet to a monument; Thence North 8 °41'57" West for 174.88 feet to a monument and the beginning of a horizontal curve, the radius point of which bears South 8101810311 West 685.82 feet; Thence northwesterly along said curve through a central angle of 19 °25'57" for 232.60 feet to a monument; Thence North 28 °07'54" West for 100.02 feet to the northerly boundary of Lot 37 of said plat and the True Point of Beginning; Thence North 63 °00'31" East for 25.39 feet more or less to the centerline of Mountain View Lane per said plat of Madison Beach; Thence South 26 °59'29" East along said centerline 50.00 feet to the southerly boundary of said Lot 37; Thence South 63 °00'31" West along said southerly boundary 24.39 feet; Thence North 28 °07'54" West for 50.01 feet to the True Point of Beginning; Situate in Government Lot 2, Section 35, Township 26 N., Range 2 E., W.M., Bainbridge Island, Kitsap County, WA; (This description is based on the survey done for the City of Bainbridge Island, WA, and recorded in Volume 51, Pages 106 -110 of surveys, records of Kitsap County, Washington) 26 EXHIBIT B MAP OF PROPERTY TO BE DEEDED (ATTACHED) 27 y / C`rri�rL'il�r rla_)NUMEI1 T � polo, f l QUIT CLAIM AREA C) r '. ctetred� 'r RIGHT -OF -WAY ^' ✓ 'ir '' PER PLAT OF 6 r fi. MADISON BE4CH (VOL.:5, PG. 14) PROPOSED FOR 1 C) VACA77ON IN LOTS 36 -37 ARID 121 -122 � O r' PROPOSIEn 'RZH7 cnF - �waY w 3 DEDICADON OVER EX0,577W 0 E �f1 ROADWAY PER SURVEY FdR �` G'rm' OF f+NERD-GE iSL+Wts a. *AITFF+'� WE lAONVMEI` a �t/CIL 5 1, AG. 106-770) 5 MONUMENT j'N CASE Survey infarrr-rctian t r y(N V. 2004 ) Provided by- I -j A.D_A. Englnerring F'_0. Box 847 S 'S Poulsb-o, WA 98371 4 r F� Pit ��tt � 5 014 -2012 EXHIBIT CITY OF DATE QUIT CLAIM DEED BAINBRIDGE ISLAND q LOT 37, MADISON BEACH PUBLIC WORKS I ENGINEERING NUMBER G -L. 2, Sec, 35, T.26N R,2E., t�.M. DEPARTMENT 28 Kitsap County Auditor -Recording Dept 614 Division Street Port Orchard, WA 99366 360- 337 -4935 http:,Ilkcwaimg.co.kitsap.wa.us/recorderf\,veb Receipt: 164560 Product Name Extended RWD Right Of Way Deed $67.00 Document # 201202210299, Document Info: DOROTHY SMITH, Does it have an Excise #? yes, # Pages 6 QCD Quit Claim Deed $67.00 Document # 201202210300, Document Info: DOROTHY SMITH, # Pages 6 QCD Quit Claim Deed '' $67.00 Document #201202210301, Document Info: DOROTHY SMITH, # Pages 6 ORD Ordinance $88.00 External Id 201202210302, Document Info: DOROTHY SMITH, # Pages 27 Total $289.00 Tender (Check) $289.00 Check# 5931, Paid By Dorothy Smith, Phone Number 206 - 842 -7756 Have a Wonderful Day! Tue Feb 21 16 :15:44 PST 2012 mlucke M !- _ cerr}e 7t ci eV— S_ REAL ESTATE EXCISE TAX AFFIDAVIT PLEASE TYPE OR PRINT CHAPTER 82.45 RCW - CHAPTER 458 -61A WAC wh form your receipt stamped by cashier. TIM AFFIDAVIT V4TLL NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FULLY COMPLETED (See back of last page for instructions) n r�..w era. s..,......i...,_,. :_....v... ,_.c_,_ Street address of property: This property is located in ❑ umnempomuny. County OR within in, city of G P ' P. P P 1 1) [ -j t s i q _­3 UR, ❑ Check box if any of the listed parcels are being segregated from another parcel, are part of a boundary line adjustment or parcels being merged m Legal description of property (if more space is needed, you may attach a separate sheet to each page of the affidavit) SCE ,'*'T':ActA- O Select Land Use Code(s): ` List all personal property (tangible and intangible) included in selling price. enter any additional codes. (See back of last page for instructions) YES NO Is this property exempt from property tax per chapter L 84 36 RCW (nonprofit or¢anization)? ® YES NO Istluspnopenydesignatedas forest land per chapter 8433RCW? ❑ Is this property classified as amen use (open space, tazm and' ❑ agricultural, or timber) land per chapter 84.34? Is this property receiving special valuation as historical property ❑ M perchapier 8426 RCW? If any answers are yes, complete as instructed below. (1) NOTICE OF CONTINUANCE (FORM LAM OR CURRENT USE) NEW OWNER(S): To continue the current designation as forest land or classification as current use (open space, farm and agriculture, or timber) land, you must sign on (3) below. The comity assessor must than determine if the land transferred continues to qualify and will indicate by signing below. Ifthe land ro longer qualifies or you do not wish to continue the designation or classification, it will be removed and the compensating or additional taxes will be due and payable by the seller or transferor at the time of sale. (RCW 84.33.140 or RCW 84.34.108). Prior to signing (3) below, you may contact your local county assessor for more information. This land ❑ does ® does not qualify for continuance DEPUTY ASSESSOR DATE (2) NOTICE OF COMPLIANCE (ENIORIC PROPERTY) NEW OWNER(S): To contiinae special vshfatrafi as hisfanc pruperty 11gD (3) below. If the new nwner(s) does apt wish to curimac, all additional tax calculaW plrstimrt to chapter 84.26 RCW, SWI be due and M-abk by the seller or transfew at the time of safe. (3) OWNER(S) SIGNATURE PRINT NAME If claiming an exemption, 11ra WAC timber and reason for examptinn:.yy WAC No. (SectionlSubseetiun) l " x Reason for exemption Type of Document 4 v Date of Document t y 21 1-L Cross Selling Price -personal Property (deduct) Exemption Claimed (deduct) Taxable Selling Price Excise Tax : State Local *Delinquent Interest: State Local *Delinquent Penalty Subtotal *State Technology Fee *Affidavit Processing Fee Total Due A MINIMUM OF 510.00 IS DUE IN FEE(S) AND /OR TAX `SEE INSTRUCTIONS ® I CERTIFY UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT. Signature of Signature of Grantor or Grantor's Agent Grantee or Grantee's Agtsst Name (print) Name (print). Date &city of signing: I — Date Date of signing: 2- Z 'j _ ? o t 7 Pei jury: Perjury is a class C felony which is punishable by imprisonment in the state correctional institution for a maximman term of nat more than five years, or by a fine in an amount fixed by the court of not more than five thousand dollars (S55 000.(10), rr by both imprisonment and fine (RCW 9A20.020 (10). REV 84 0001a (04430/09) THIS SPACE - TREASURER'S USE ONLY TAXPAYER i 2� Tl4 Nato, - Lti. ;: ✓ i Y_"+ f _ — x p Z Mailing Adore I - [c e 1 f u. z,. Mailing hddrM P .J . }`'r. �- X Y 7 U (. n ID City/State/Zip p � V i t J- G. 9 1r 4 i.va `7 (C C � c /State/Zi a ty p / m ci /Ststelzi 4 L) L I v C -.Q n Y i�t� F' 7 C- Phone No. (including area code) =' - 7 ? 1- 7G r Phone No. (including area rxnda) =' L i `- 7oW Send all property tax correspondence to: ❑ Same as Buyer /Grantee List all real aril personal property tax parcel account List assessed va]ue(s) numbers - check box if personal property Name 41 :�- CCU-_ %,' pZa1 11 Mailing Address fl j1 City/State/Zip _ Phone No. (including area .dc Street address of property: This property is located in ❑ umnempomuny. County OR within in, city of G P ' P. P P 1 1) [ -j t s i q _­3 UR, ❑ Check box if any of the listed parcels are being segregated from another parcel, are part of a boundary line adjustment or parcels being merged m Legal description of property (if more space is needed, you may attach a separate sheet to each page of the affidavit) SCE ,'*'T':ActA- O Select Land Use Code(s): ` List all personal property (tangible and intangible) included in selling price. enter any additional codes. (See back of last page for instructions) YES NO Is this property exempt from property tax per chapter L 84 36 RCW (nonprofit or¢anization)? ® YES NO Istluspnopenydesignatedas forest land per chapter 8433RCW? ❑ Is this property classified as amen use (open space, tazm and' ❑ agricultural, or timber) land per chapter 84.34? Is this property receiving special valuation as historical property ❑ M perchapier 8426 RCW? If any answers are yes, complete as instructed below. (1) NOTICE OF CONTINUANCE (FORM LAM OR CURRENT USE) NEW OWNER(S): To continue the current designation as forest land or classification as current use (open space, farm and agriculture, or timber) land, you must sign on (3) below. The comity assessor must than determine if the land transferred continues to qualify and will indicate by signing below. Ifthe land ro longer qualifies or you do not wish to continue the designation or classification, it will be removed and the compensating or additional taxes will be due and payable by the seller or transferor at the time of sale. (RCW 84.33.140 or RCW 84.34.108). Prior to signing (3) below, you may contact your local county assessor for more information. This land ❑ does ® does not qualify for continuance DEPUTY ASSESSOR DATE (2) NOTICE OF COMPLIANCE (ENIORIC PROPERTY) NEW OWNER(S): To contiinae special vshfatrafi as hisfanc pruperty 11gD (3) below. If the new nwner(s) does apt wish to curimac, all additional tax calculaW plrstimrt to chapter 84.26 RCW, SWI be due and M-abk by the seller or transfew at the time of safe. (3) OWNER(S) SIGNATURE PRINT NAME If claiming an exemption, 11ra WAC timber and reason for examptinn:.yy WAC No. (SectionlSubseetiun) l " x Reason for exemption Type of Document 4 v Date of Document t y 21 1-L Cross Selling Price -personal Property (deduct) Exemption Claimed (deduct) Taxable Selling Price Excise Tax : State Local *Delinquent Interest: State Local *Delinquent Penalty Subtotal *State Technology Fee *Affidavit Processing Fee Total Due A MINIMUM OF 510.00 IS DUE IN FEE(S) AND /OR TAX `SEE INSTRUCTIONS ® I CERTIFY UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT. Signature of Signature of Grantor or Grantor's Agent Grantee or Grantee's Agtsst Name (print) Name (print). Date &city of signing: I — Date Date of signing: 2- Z 'j _ ? o t 7 Pei jury: Perjury is a class C felony which is punishable by imprisonment in the state correctional institution for a maximman term of nat more than five years, or by a fine in an amount fixed by the court of not more than five thousand dollars (S55 000.(10), rr by both imprisonment and fine (RCW 9A20.020 (10). REV 84 0001a (04430/09) THIS SPACE - TREASURER'S USE ONLY TAXPAYER i 2� �Depparttr-yient of e YGl ue Washington State REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt PLEASE TYPE OR PRINT CHAPTER 82.45 RCW - CHAPTER 458 -61A WAC when stamped by cashier. THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FULLY COMPLETED (See back of last page for instructions) r1 Ch.A- h- ;f.,: nr d —1. Street address of property: This property is located in ❑ unincorporated County OR within ® city of rl i ❑ Check box if any of the listed parcels are being segregated from another parcel, are part of a boundary line adjustment or parcels being merged. Legal description of property (if more space is needed, you may attach a separate sheet to each page of the affidavit) ® Select Land Use Code(s): enter any additional codes: (See back of last page for instructions) YES NO Is this property exempt from property tax per chapter ❑ 84.36 RCW (nonprofit organization)? YFS NO Is this property designated as forest land per chapter 84.33 RCW? ❑ Is this property classified as current use (open space, farm and ❑ agricultural, or timber) land per chapter 84.34? Is this property receiving special valuation as historical property F1 El per chapter 84.26 RCW? If any answers are yes, complete as instructed below (1) NOTICE OF CONTINUANCE (FOREST LAND OR CURRENT USE) NEW OWNER(S): To continue the current designation as forest land or classification as current use (open space, farm and agriculture, or timber) land, you must sign on (3) below. The county assessor must then determine if the land transferred continues to qualify and will indicate by signing below, If the land no longer qualifies or you do not wish to continue the designation or classification, it will be removed and the compensating or additional taxes will be due and payable by the seller or transferor at the time of sale. (RCW 84.33.140 or RCW 84.34.108). Prior to signing (3) below, you may contact your local county assessor for more information. This land ❑ does 0 does not qualify for continuance. DEPUTY ASSESSOR DATE (2) NOTICE OF COMPLIANCE (HISTORIC PROPERTY) NEW OWNER(S): To continue special valuation as historic property, sign (3) below. If the new owner(s) does not wish to continue, all additional tax calculated pursuant to chapter 84.26 RCW, shall be due and payable by the seller or transferor at the time of sale. (3) OWNER(S) SIGNATURE PRINT NAME List all personal property (tangible and intangible) included in selling price. r, L If claiming an exemption, list WAC number and reason for exemption: r WAC No. (Section /Subsection)(! �� '_ ��-'� { �'�� Reason for exemption Type of Document - ;- Date of Document Gross Selling Price $ *Personal Property (deduct) $ Exemption Claimed (deduct) $ Taxable Selling Price $ Excise Tax : State $ Local *Delinquent Interest: State $ Local $ *Delinquent Penalty $ Subtotal $ *State Technology Fee $ 5.00 *Affidavit Processing Fee $ Total Due $ A MINIMUM OF $10.00 IS DUE IN FEE(S) AND /OR TAX *SEE INSTRUCTIONS I CERTIFY UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT. Signature of Signature of % Grantor or Grantor's Agent Grantee or Grantee's Agent Name (print) Date & city of signing: Name (print) Date & city of signing: 1 Perjury: Perjury is a class C felony which is punishable by imprisonment in the state correctional institution for a maximum term of not more than five years, or by a fine in an amount fixed by the court of not more than five thousand dollars l$.01 ?I],Clf;} }, or by both imprisonment and fine (RCW 9A.20.020 (1 C)). REV 84 0001 a (04/30/09) THIS SPACE - TREASURER'S USE ONLY TAXPAYER l� Name C , , rl Name u: O a � W Z Mailing -- (' ; ( g Address - Mailing Address e; 1I a City /State /Zip - ° - ? ` {+ L"i'' ? r % City /State /Zip Phone No. (including area code) - ~� ' s. _ Phone No. (including area code) -''_ -' S 1- 7 _ -7 Send all property tax correspondence to: ❑ Same as Buyer /Grantee List all real and personal property tax parcel account List assessed value(s) numbers - check box if personal property Name t - c: is :- ❑ Mailing Address ❑ ❑ City /State /Zip ❑ Phone No. (including area code) Street address of property: This property is located in ❑ unincorporated County OR within ® city of rl i ❑ Check box if any of the listed parcels are being segregated from another parcel, are part of a boundary line adjustment or parcels being merged. Legal description of property (if more space is needed, you may attach a separate sheet to each page of the affidavit) ® Select Land Use Code(s): enter any additional codes: (See back of last page for instructions) YES NO Is this property exempt from property tax per chapter ❑ 84.36 RCW (nonprofit organization)? YFS NO Is this property designated as forest land per chapter 84.33 RCW? ❑ Is this property classified as current use (open space, farm and ❑ agricultural, or timber) land per chapter 84.34? Is this property receiving special valuation as historical property F1 El per chapter 84.26 RCW? If any answers are yes, complete as instructed below (1) NOTICE OF CONTINUANCE (FOREST LAND OR CURRENT USE) NEW OWNER(S): To continue the current designation as forest land or classification as current use (open space, farm and agriculture, or timber) land, you must sign on (3) below. The county assessor must then determine if the land transferred continues to qualify and will indicate by signing below, If the land no longer qualifies or you do not wish to continue the designation or classification, it will be removed and the compensating or additional taxes will be due and payable by the seller or transferor at the time of sale. (RCW 84.33.140 or RCW 84.34.108). Prior to signing (3) below, you may contact your local county assessor for more information. This land ❑ does 0 does not qualify for continuance. DEPUTY ASSESSOR DATE (2) NOTICE OF COMPLIANCE (HISTORIC PROPERTY) NEW OWNER(S): To continue special valuation as historic property, sign (3) below. If the new owner(s) does not wish to continue, all additional tax calculated pursuant to chapter 84.26 RCW, shall be due and payable by the seller or transferor at the time of sale. (3) OWNER(S) SIGNATURE PRINT NAME List all personal property (tangible and intangible) included in selling price. r, L If claiming an exemption, list WAC number and reason for exemption: r WAC No. (Section /Subsection)(! �� '_ ��-'� { �'�� Reason for exemption Type of Document - ;- Date of Document Gross Selling Price $ *Personal Property (deduct) $ Exemption Claimed (deduct) $ Taxable Selling Price $ Excise Tax : State $ Local *Delinquent Interest: State $ Local $ *Delinquent Penalty $ Subtotal $ *State Technology Fee $ 5.00 *Affidavit Processing Fee $ Total Due $ A MINIMUM OF $10.00 IS DUE IN FEE(S) AND /OR TAX *SEE INSTRUCTIONS I CERTIFY UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT. Signature of Signature of % Grantor or Grantor's Agent Grantee or Grantee's Agent Name (print) Date & city of signing: Name (print) Date & city of signing: 1 Perjury: Perjury is a class C felony which is punishable by imprisonment in the state correctional institution for a maximum term of not more than five years, or by a fine in an amount fixed by the court of not more than five thousand dollars l$.01 ?I],Clf;} }, or by both imprisonment and fine (RCW 9A.20.020 (1 C)). REV 84 0001 a (04/30/09) THIS SPACE - TREASURER'S USE ONLY TAXPAYER l� AFTER RECORDING RETURN TO: City of Bainbridge Island 280 Madison Avenue N. Bainbridge Island, WA 98110 Document Title: Right -of -Way Deed DOROTHY SMITH 201202210299 Right Of Way Deed Reo Fee: $ 67.00 02/21/2012 04:15 PM Page: 1 of 6 Walter Washington, Kitsap Co Auditor 1 1111111111111 I I 1 1111 1111111 111111 1111 111111111 111111111111 I I 1 11111 11111 1111 1111 Grantor(s): 1. Dorothv Smith �9XCISE TAX EXEMPT FEB n 2012 2. Grantee(s): 1. City of Bainbridge Island 2. Tax Lot Number: 4155- 000 - 036 -0201 Abbreviated Legal Description: Lot 36 of the Plat of Madison Beach as recorded in Volume 5 of Plats, Page 14, records of Kitsap County, Washington; Situate in Section 35, Township 26 N., Range 2 E., W.M., Bainbridge Island, Kitsap County, WA; Tax Lot Number: 4155- 000 - 037 -0002 Abbreviated Legal Description: Lot 37 and Lot 121 of the Plat of Madison Beach as recorded in Volume 5 of Plats, Page 14, records of Kitsap County, Washington; Situate in Section 35, Township 26 N., Range 2 E., W.M., Bainbridge Island, Kitsap County, WA; RIGHT -OF -WAY DEED GRANTOR: Dorothy Smith GRANTEE: City of Bainbridge Island ABBREVIATED LEGAL DESCRIPTION: Tax Parcel # 4155- 000 - 036 -0201 Abbreviated Legal Description: Lot 36 of the Plat of Madison Beach as recorded in Volume 5 of Plats, Page 14, records of Kitsap County, Washington; Situate in Section 35, Township 26 N., Range 2 E., W.M., Bainbridge Island, Kitsap County, WA; Tax Parcel # 4155- 000 - 037 -0002 Abbreviated Legal Description Lot 37 and Lot 121 of the Plat of Madison Beach as recorded in Volume 5 of Plats, Page 14, records of Kitsap County, Washington; Situate in Section 35, Township 26 N., Range 2 E., W.M., Bainbridge Island, Kitsap County, WA; KNOW ALL MEN BY THESE PRESENTS THAT the undersigned grantor, owner of the properties described in the attached Exhibit A, for and in consideration of the benefits of a public right of way and other valuable consideration, the receipt whereof is hereby acknowledged, dedicates to the City of Bainbridge Island and to the use of the public forever that portion of the right of way along Point Monroe Drive NE (Mountain View Lane per plat) described in the attached Exhibit B and shown on attached Exhibit C. The Grantor hereby agrees and consents to the establishment of said road as described, and to the 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, establishment, 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 road, 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 of Washington. Said covenants shall run with the land and be binding upon the grantor, her successors or assigns. TO HAVE AND TO HOLD the same, unto the City of Bainbridge Island for the purpose of a public road forever. IN WITNESS WHEREOF, the Grantor has executed this deed on this ��� day of .f ttt✓'41r.I .2012. GRANTOR: aot�� �"- 1; &Y)"� Dorothy Smith STATE OF WASHINGTON ) ) SS COUNTY OF KITSAP ) On this I _ day of q yt,�) A z'j , 2012, before me, a Notary Public in and for the State of Washington, personally appeared Dorothy Smith, 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 official seal the day and year first above written. NOTARY PUBLIC in and for the State of Washington, Residing at My appointment expires +It,orl 1 %0 A1;4r Posoc `QF W A �.. i � tiwi I 111HIIII_\ PROPERTY DESCRIPTION Tax Parcel #4155- 000 - 036 -0201 Lot 36 of the Plat of Madison Beach as recorded in Volume 5 of Plats, Page 14, records of Kitsap County, Washington; Situate in Section 35, Township 26 N., Range 2 E., W.M., Bainbridge Island, Kitsap County, WA; Together with tidelands. Tax Parcel #4155- 000 - 037 -0002 Lot 37 of the Plat of Madison Beach as recorded in Volume 5 of Plats, Page 14, records of Kitsap County, Washington; Situate in Section 35, Township 26 N., Range 2 E., W.M., Bainbridge Island, Kitsap County, WA; Together with tidelands. EXHIBIT B RIGHT -OF -WAY DEDICATION DESCRIPTION (This description is based on the survey done for the City of Bainbridge Island, WA, and recorded in Volume 51, Pages 106 -110 of surveys, records of Kitsap County, Washington) That portion of Lots 36 and 37 of the Plat of Madison Beach as recorded in Volume 5 of Plats, Page 14, records of Kitsap County, Washington, described as follows: Beginning at the centerline monument set for the City of Bainbridge Island and recorded in Volume 51, Pages 106 -110 of surveys, records of Kitsap County, Washington, adjoining Lots 39 -40 and Lots 118-119 in the existing roadway for NE Point Monroe Drive; Thence along the surveyed centerline for said NE Point Monroe Roadway South 28 °07'54" East 99.75 feet to the True Point of Beginning; Thence North 63 °00'31" East 10.00 feet; Thence South 28 °07'54" East 100.02 feet; Thence South 63 °00'31" West 20.00 feet; Thence North 28 °07'54" West 100.02 feet; Thence North 63 °00'31" East 10.00 feet to the True Point of Beginning. Situate in Section 35, Township 26 N., Range 2 E., W.M., Bainbridge Island, Kitsap County, WA. AREA = 200.4 SQUARE FEET EXHIBIT Q CENTERUNE MONUMENT MONUMENT IN CASE (NOV. 2004) 0&ft N PO' POINT 'A' 0\� In glj:�, x T CE. OF C) e- 16 MGMT--W-WAY DMCArtM OVM EXISTM ROAVWAY PER SURWY FOR 4. CfTY OF BANBROGE SLAW CE14TERLINE AJOARJUENT (IVL 51. PG. 106-110) AdONUMEMT )N CASE Survey information 1, ,-fNOV 2004) provided by: ADA. Engineering P.O. Box 847 Pouisbo, WA 98370 12-21-2011 EXHIBIT C CITY OF DATE Point Monroe Drive NE MAINOMDOE ISLAND Right—of—Way Dedication PUBLIC WORKS 1 ENGINEERING NUMBER G.L. 2, Sec. 35, T-26N., R.2E., W.M. DEPARTNEW 6 AFTER RECORDING RETURN TO: City of Bainbridge Island 280 Madison Avenue N. Bainbridge Island, WA 98110 Document Title: Quit Claim Deed Grantor(s): 1. Dorothv Smith 2. Grantee(s): 1. Gregory Smith 2. Tax Lot Number: 4155- 000 - 036 -0201 DOROTHY SMITH 201202210300 Quit Claim Deed Rec Fee: $ 67.00 page: 1 of 6 02/21/2012 04:15 PM Walter Washington, Kitsap Co Auditor 1 1111111111111 I I 1 1111 1111111 111111 1111 1111 11111 111111111111 I I 1 11111 11111 1111 1111 Abbreviated Legal Description: Lot 36 of the Plat of Madison Beach as recorded in Volume 5 of Plats, Page 14, records of Kitsap County, Washington; Situate in Section 35, Township 26 N., Range 2 E., W.M., Bainbridge Island, Kitsap County, WA; I AFTER RECORDING, PLEASE RETURN TO: City Clerk City of Bainbridge Island 280 Madison Avenue North Bainbridge Island, WA 98110 Quit Claim Deed Grantor(s): Dorothy Smith Grantee(s): Gregory Smith Short Legal Description(s): Portion of Lot 36 of the Plat of Madison Beach, Vol. 5, Pg. 14, plats, Kitsap County, WA; in G.L. 2, Sec. 35, T. 26 N., R. 2 E., W.M., [Complete legal descriptions on Exhibit A] Assessor's Property Tax Parcel /Account Number(s): Reference Number(s) of Documents Assigned or Released: 4155- 000 - 036 -0201 THE GRANTOR, Dorothy Smith, for and in consideration of $10.00 and other valuable consideration, conveys and quit claims to Grantee, Gregory Smith, legal owner of Lot 122 of the Plat of Madison Beach as recorded in Volume 5 of plats, Page 14, records of Kitsap County, Washington; situate in Government Lot 2, Section 35, Township 26 North., Range 2 East., W.M., Bainbridge Island, Kitsap County, Washington, a portion of Tax Parcel No. 4155 -000- 036 -0201 as described on Exhibit A and depicted on Exhibit B. KITSAP COUNTY TREASURER EXCISE 02121!2012 2 2012EX00722 � Total: $10 00 Clerk's Initial --� DATED: .Z /.2! It 12— STATE OF WASHINGTON COUNTY OF KITSAP 2012. ss: GRANTOR: Dorothy Smith I certify that I know or have satisfactory evidence that Dorothy Smith is the person who appeared before me, and said person acknowledged that she signed this instrument and acknowledged it to be her free and voluntary act for the uses and purposes mentioned in the instrument. DATED: NAME: C:NkL �.cuara`aL�S' (Print Name) Notary Public in and for the State of Washington. Commission Expires: 3 -` —ice LO UBUG /Z f EXHIBIT A TO QUIT CLAIM DEED DESCRIPTION OF TRANSFERRED PORTION: That portion of Lot 36 of the Plat of Madison Beach as recorded in Volume 5 of plats, Page 14, records of Kitsap County, Washington, lying Northeasterly of the following described line; COMMENCING AT a concrete monument which marks the southwest corner of Section 35, Township 26 North, Range 2 East, W.M.; Thence along the south line of said Section 35, South 89 °03'30" East for 2639.71 feet to a sandstone monument which marks the south quarter corner of said Section 35; Thence North 01'23'54" East for 2639.45 feet to a 2" diameter iron shaft which is locally accepted as marking the southwest corner of Government Lot 3 of said Section 35; Thence North 01'23'43" East for 1319.86 feet to a 1.5" diameter iron shaft which is locally accepted as marking the northwest corner of said Government Lot 3 and the south line of Government Lot 2, said Section 35; Thence along the boundary of the Plat of Madison Beach, Volume 5, page 14 of Plats, records of Kitsap County, Washington, North 1 °27'57" East for 1.17 feet to an angle point in the boundary of said Plat; Thence North 5 °12'50" East for 20.08 feet to the centerline of Madison Road as depicted on the face of said Plat; Thence along said centerline South 89 °09'03" East for 398.02 feet to a point which bears North 89 °09'03" West 54.32 feet from a 1" iron pipe which marks the point of intersection of Madison Road and Mountain View Lane; Thence North 8 °41'57" West for 186.51 feet to a monument; Thence North 8 °41'57" West for 174.88 feet to a monument and the beginning of a horizontal curve, the radius point of which bears South 81 °18'03" West 685.82 feet; Thence northwesterly along said curve through a central angle of 19 °25'57" for 232.60 feet to a monument; Thence North 28 °07'54" West for 6.63 feet to the southerly boundary of Lot 36 of said plat and the True Point of Beginning; Thence North 28 °07'54" West for 50.01 feet to the northerly boundary of Lot 36 of said plat; Thence North 63 °00'31" East for 24.39 feet more or less to the centerline of Mountain View Lane per said plat of Madison Beach; Thence South 26 °59'29" East along said centerline 50.00 feet to the southerly boundary of said Lot 36; Thence South 63 °00'31" West along said southerly boundary 23.39 feet to the True Point of Beginning; Situate in Government Lot 2, Section 35, Township 26 N., Range 2 E., W.M., Bainbridge Island, Kitsap County, WA; (This description is based on the survey done for the City of Bainbridge Island, WA, and recorded in Volume 51, Pages 106 -110 of surveys, records of Kitsap County, Washington) 4 EXHIBIT B TO QUIT CLAIM DEED (MAP ATTACHED) CENTERLINE MONUMENT w MONUMENT IN CASE 'bUG 1 f y (NOV. 2004) _ f Islo T vo �C3� + RIGHT-OF-WAY PER PLAT OF MADf,SON BEACH N _ (VOL 5, PG. 14) PROPOSED FOR a' VACATION IN LOTS 38 -37 AND 121 -122 5` Y PROPOSED AnW- OF-VAY 5 �°� V ROADWAY PER �. cEN -rERi IN WONIIMENT (VOL 51, M 106-110) � MONUMENT IN CASE Survey informotion N V. 2004) provided by. o � f A.D.A. Engineering P.O. Box 847 �o Poufsbo, WA 98370 01-M-2012 EXHIBIT L CITY of DATE QUIT CLAIM DEED BAINBRIDGE ISLAND LOT 36, MADISON LEACH PUBLIC WORKS ENGINE Na NUMBER G.L. 2, Sec. 35, T.26N., R.2E., W.M. DEPARTMINT 6 AFTER RECORDING, PLEASE RETURN TO: DOROTHY SMITH 201202210301 City Clerk Quit Claim Deed Rec Fee: $ 67 00 02/21/2012 04:15 PM Page: 1 of 6 City of Bainbridge Island Walter Washington, Kitsap Co Auditor 280 Madison Avenue Norm I1111111111111111 111111111111111111111111111111111111111111III hil 1111111111111 Bainbridge Island, WA 98110 Quit Claim Deed Grantor(s): Dorothy Smith Grantee(s): Dorothy Smith Short Legal Description: Portion of Lot 37 of the Plat of Madison Beach, Vol. 5, Pg. 14, plats, Kitsap County, WA; in G.L. 2, Sec. 35, T. 26 N., R. 2 E., W.M., [Complete legal description on Exhibit A] Assessor's Property Tax Parcel /Account Number(s): 4155- 000 - 037 -0002 Reference Number(s) of Documents Assigned or Released: THE GRANTOR, Dorothy Smith, for and in consideration of $10.00 and other valuable consideration, conveys and quit claims to Grantee, Dorothy Smith, legal owner of Lot 121, of the Plat of Madison Beach as recorded in Volume 5 of plats, Page 14, records of Kitsap County, Washington; situate in Government Lot 2, Section 35, Township 26 North., Range 2 East., W.M., Bainbridge Island, Kitsap County, Washington, a portion of Tax Lot No. 4155- 000 -037- 0002 as described on Exhibit A and depicted on Exhibit B. KITSAP COUNTY TREASURER EXCISE 02/21 /2012 2012 EX00724 Total: $10 00 Clerk's Initial AFTER RECORDING RETURN TO: City of Bainbridge Island 280 Madison Avenue N. Bainbridge Island, WA 98110 Document Title: Quit Claim Deed Grantor(s): 1. Dorothv Smith 2. Grantee(s): 1. Dorothy Smith 2. Tax Lot Number: 4155- 000 - 037 -0002 Abbreviated Legal Description: Lot 37 and Lot 121 of the Plat of Madison Beach as recorded in Volume 5 of Plats, Page 14, records ofKitsap County, Washington; Situate in Section 35, Township 26 N., Range 2 E., W.M., Bainbridge Island, Kitsap County, WA; DATED: �Ie QA a 21 , 2012. GRANTOR: Dorothy Smith STATE OF WASHINGTON) ) SS: COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that Dorothy Smith is the person who appeared before me, and said person acknowledged that she signed this instrument and acknowledged it to be her free and voluntary act for the uses and purposes mentioned in the instrument. DATER 4,L V, W-0 C - Z 1. "z o 12- NAIL: .�..►...�. Sc�rr' $oue�r�r ll (Print NameTj Notary Public in and for the State of Washington. Commission Expires: 1 ° - ' s - t 3 _y EXHIBIT A TO QUIT CLAIM DEED DESCRIPTION OF TRANSFERRED PORTION: That portion of Lot 37 of the Plat of Madison Beach as recorded in Volume 5 of plats, Page 14, records of Kitsap County, Washington, lying Northeasterly of the following described line; COMMENCING AT a concrete monument which marks the southwest corner of Section 35, Township 26 North, Range 2 East, W.M.; Thence along the south line of said Section 35, South 89 °03'30" East for 2639.71 feet to a sandstone monument which marks the south quarter corner of said Section 35; Thence North 01'23'54" East for 2639.45 feet to a 2" diameter iron shaft which is locally accepted as marking the southwest corner of Government Lot 3 of said Section 35; Thence North 01'23'43" East for 1319.86 feet to a 1.5" diameter iron shaft which is locally accepted as marking the northwest corner of said Government Lot 3 and the south line of Government Lot 2, said Section 35; Thence along the boundary of the Plat of Madison Beach, Volume 5, page 14 of Plats, records of Kitsap County, Washington, North 1'27'57" East for 1.17 feet to an angle point in the boundary of said Plat; Thence North 5 °12'50" East for 20.08 feet to the centerline of Madison Road as depicted on the face of paid Plat; Thence along said centerline South 89 °09'03" East for 398.02 feet to a point which bears North 1. 89 °09'0,3" West 54.32 feet from a 1" iron pipe which marks the point of intersection of Madison Road and Mountain View Lane; Thence North 8 °41'57" West for 186.51 feet to a monument; Thence North 8 °41'57" West for 174.88 feet to a monument and the beginning of a horizontal curve, the radius point of which bears South 81 ° 18'03" West 685.82 feet; Thence northwesterly along said curve through a central angle of 19 °25'57" for 232.60 feet to a monument; Thence North 28 °07'54" West for 100.02 feet to the northerly boundary of Lot 37 of said plat and the True Point of Beginning; Thence North 63 °00'31" East for 25.39 feet more or less to the centerline of Mountain View Lane per said plat of Madison Beach; Thence South 26 °59'29" East along said centerline 50.00 feet to the southerly boundary of said Lot 3 7; Thence South 63 °00'31" West along said southerly boundary 24.39 feet; Thence North 28 °07'54" West for 50.01 feet to the True Point of Beginning; Situate in Government Lot 2, Section 35, Township 26 N., Range 2 E., W.M., Bainbridge Island, Kitsap County, WA; (This description is based on the survey done for the City of Bainbridge Island, WA, and recorded in Volume 51, Pages 106 -110 of surveys, records of Kitsap County, Washington) 4 EXHIBIT B MAP OF PROPERTY TO BE DEEDED (ATTACHED) rtRUNE MONUMENT ti l MKJNUfMEM` IN CASE AUK (NOV 2004) 120 dA 1 S- 2 V 1 QUIT CLAIM AREA ' (hatched) RfGHT —OF -WAY PER PLAT OF MADISON 19EACH R► f p. (VOL 5, PG. 14) p fr PROPOS ED FOR VACA17ON IN LOTS 36 -37 AND T27 —t22 5 a � Y \`�� �o °46 �Y irk yt DJMWAT )N OVER EX67M � � 1 tea^ �� �— CENTERL NE WON VENT �1 GrTr OF (VOL 31. Pa to6-1 fo) MONUA(ENT IN CASE Survey informationj-' u_ 24004) provided by. � A.L3_A_ Engineering 1, P, O. Box 847 'M,,, Pouiabo, WA 9B370 �. ,__�Q�� EXHIBIT B CITY OF PATE QUIT CLAIM DEED BAINBRIDGE ISLAND LOT 37, MADISON BEACH ENGIN WORKS Q EM01 N�RINO NUMBER G.L. 2, Sec. 35, T.26N., R.2E., W.M. DEPARTMMWr 6