Loading...
ORD NO. 2014-09 RIGHT OF WAY VACATION ORD 2014-09 T & CAFTER RECORDING RETURN TO: Rosalind D. Lassoff, City Clerk City of Bainbridge Island 280 Madison Avenue N. Bainbridge Island, WA 98110 BAINBRIDGE ISLAND CITY OF 201402270189 Ordinance Roo Fee; $ 146.00 02/27/2014 03:12 PM Page: 1 of 5 11111111 0111111111, 1111111111111 IN ITIIIE Illli 11111111!111111 IIIII IIIII IIIII IIII IIII Document Title: ORDINANCE NO. 2014 -09 / RIGHT OF WAY VACATION Grantor(s) 1. Town & Country Market Inc. 2. T &C Northeast LLC Grantee: City of Bainbridge Island Tax Lot Number: 262502 -3- 084 -2008 Abbreviated Legal Description: Parcel A, Boundary Line Adjustment, AFN 200512130384, Records Of Kitsap County, Washington, Tax Lot Number: 262502 -3- 085 -2007 Abbreviated Legal Description: Parcel B, Boundary Line Adjustment, AFN 200512130384, Records Of Kitsap County, Washington, Tax Lot Number: 4114- 001 - 001 -0002 Abbreviated Legal Description: Lots, 1, 2, 3, 4, 5 And 6, Block 1, Stafford's Addition to Winslow, Volume 8 of plats, pages 11, 12 and 13, Records of Kitsap County, Washington EXCISE TAX EXEMPT FEB 2 7 2014 ORDINANCE NO. 2014 -09 AN ORDINANCE of the City of Bainbridge Island, Washington vacating an alley situated approximately 150' south of Winslow Way and running west 110' from Bjune Drive SE (located within Town & Country Markets, Inc. parking lot). WHEREAS, a petition to vacate the alley was filed with the City as described on the attached drawing; and WHEREAS, Town & Country Markets, Inc., the owner of Tax Lot Nos. 262502- 3 -084- 2008 and 4114- 001 - 001 -0002, and T &C Northeast LLC, the owner of Tax Lot No. 262502 -3- 085 -2007, records of Kitsap County, Washington, filed a petition with the City Council to vacate the alley abutting such real property; and WHEREAS, the City Council adopted Resolution No. 2014 -02 on January 22, 2014 initiating the vacation process and establishing February 12, 2014 as the date for a public hearing on the proposed right -of -way vacation; and WHEREAS, notice of the public hearing was given in the manner provided by law for street vacation hearings, and the City Council held the public hearing as scheduled and heard testimony from all interested parties; and WHEREAS, after considering the testimony and the information presented by City staff, the City Council decided to vacate the right -of -way subject to the conditions as hereinafter provided; now, therefore, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings. a. The alley for which vacation is sought is surplus to the City's needs. b. The vacation of the alley would not impair access to any property or otherwise impinge upon the property rights of the City or any private landowner. Section 2. Vacation. The alley abutting Tax Lot No. 262502 -3- 084 -2008, Tax Lot No. 262502 -3- 085 -2007, and Tax Lot No. 4114- 001 - 001 -0002, and as described on Exhibit A (legal description) and depicted on Exhibit B (map) attached and incorporated by reference, is vacated to Town & Country Markets, Inc. and T &C Northeast LLC, subject to compliance with the provisions of Chapter 12.34 of the Bainbridge Island Municipal Code, including payment of the full appraised value of the right -of -way. Section 3. This ordinance shall be effective five (5) days from and after its passage, approval, publication, and posting as required by law, PROVIDED, that the vacation of the alley shall not be effective until a copy of this ordinance is recorded by the City Clerk in the office of the Kitsap County Auditor. The City Clerk is hereby authorized and directed to file a copy of this ordinance of record in the office of the Kitsap County Auditor only when the conditions listed in Section 2 have been satisfied. PASSED by the City Council this 26`" day of February, 2014. APPROVED by the City Council this 26th day of February, 2014. -L'4u.2 C • �_ L� Anne S. Blair, Mayor ATTEST /AUTHENTICATE: 11 Aia" v Rosalind D. Lassoff, CMC, 7ity Clerk FILED WITH THE CITY CLERK: January 29, 2014 PASSED BY THE CITY COUNCIL: February 26, 2014 PUBLISHED: February 28, 2014 EFFECTIVE DATE: March 5, 2014 ORDINANCE NO.: 2014 -09 2 EXHIBIT A LEGAL DESCRIPTION OF ALLEY RIGHT -OF -WAY VACATION That portion of Government Lot 4, Section 26, Township 25 North, Range 2 East, W.M., City of Bainbridge Island, Kitsap County, Washington, described as follows: Beginning at the Northeast corner of said Government Lot 4; Thence along the North line thereof, North 88 °40'48" West 1597.56 feet; Thence leaving said North line, South 01 °20'42" West 190.01 feet to the True Point of Beginning; Thence continuing South 01 °20'42" West 20.00 feet to the North line of the Plat of Stafford's Addition to Winslow recorded in Volume 8 of Plats, Pages 11 — 13, records of Kitsap County; Thence along said North line of Stafford's Addition to Winslow, North 88 040'48" West 106.39 feet; Thence leaving said North line of Stafford's Addition to Winslow, North 0I °19' 12" East 20.00 feet; Thence South 88 °40'48" East 106.40 feet to the True Point of Beginning. 3 EXHIBIT B Riaht of Aay Yacafaon Government Lot 4 SEC. 26, T, 25N, , R, 2E, , W. M, pry or ffawirfc'pe lnmPC, K1tsap County, ftshkiotm �'ara� sow ray Last i l E i 47 � eA J II �p •��77 I Righ t o / Kby 1 to be vacated (hatched) i P tip` r Y 4 I � tip } }ptd• pvr i Pyat p��to v�11' ' Pddk6a pigs I ADAM F GOLDS WORTHY, INC. LAND SURVEYING ' 1015 NE HOSTMARK S7 (360)779 -4299 r > t ROULMO, WA 98370 (208)842 -9598 12120113 ORANNO 5525VAC QA 7E T21zof13 0