ORD NO. 2014-29 PATRICK, JANETAFTER RECORDING RETURN TO:
City of Bainbridge Island — Rosalind D. Lassoff
280 Madison Avenue N.
Bainbridge Island, WA 98110
Document Title: Ordinance No. 2014 -29
Grantor(s): Patrick, Janet L., Trustee
Grantee: City of Bainbridge Island BAINBRIDGE ISLAND CITY OF 201409160113
Ordinance Rec Fee: $ 76.00
09/16/2014 11:39 AM page: 1 of 5
Tax Lot Number: 4164- 004 - 001 -0005
Walter Washington, Kitsap Co Auditor
I IIIIIII IIIIII III IIII 1111111111111
Abbreviated Legal Description:
Portion Lots 1 and 2, Block 4, Pleasant Beach Tracts, Volume 4 of Plats, page 20,
Kitsap County, Washington; G.L. 6, Sec. 4, T.24 N., R. 2 E., W.M., Kitsap
County, Washington,
ORDINANCE NO. 2014 -29
AN ORDINANCE of the City of Bainbridge Island, Washington
vacating a portion of Pleasant Beach Drive right -of -way.
WHEREAS, Trustee Janet L. Patrick (the "Petitioner "), owner of record of Tax Lot No.
4164 - 004 - 001 -005, filed a petition to vacate a portion of Pleasant Beach Drive right -of -way, as
shown on Exhibit B attached hereto; and
WHEREAS, the partial right -of -way to be vacated was part of an old plat which extends
into the front yard of the existing residence and has never been used as road; and
WHEREAS, on June 2, 2014, the Director of Public Works certified that the petition was
legally sufficient having been signed by 100% 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, the City Council adopted Resolution No. 2014 -13 on June 23, 2014
initiating the vacation process and establishing August 11, 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; now, therefore,
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. 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.
Section 2. Findings.
a. The partial right -of -way for which vacation is sought is surplus to the City's
needs.
b. The vacation of the partial right -of -way would not impair access to any property
or otherwise impinge upon the property rights of the City or any private landowner.
Section 3. Vacation. The portion of right -of -way abutting Tax Lot No. 4164 -004-
001 -005 and as described on Exhibit A (legal description) and depicted on Exhibit B (map)
attached and incorporated by reference, is vacated to Janet L. Patrick, Trustee 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 4. 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
partial right -of -way 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 3 have been satisfied.
PASSED by the City Council this l lth day of August, 2014.
APPROVED by the City Council this 11th day of August, 2014.
ATTEST /AUTHENTICATE:
5 _
Rosalind D. Lassoff, CMC, City Clerk
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
W7&
Anne S. Blair, Mayor
June 27, 2014
August 11, 2014
August 15, 2014
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 partial right -of -way 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 3 have been
satisfied.
ORDINANCE NO.: 2014 -29
2
EXHIBIT A
LEGAL DESCRIPTION OF RIGHT -OF -WAY VACATION AREA
THAT PORTION OF GOVERNMENT LOT 6, SITUATE IN SECTION 4, TOWNSHIP 24
N., RANGE 2 E., W.M., KITSAP COUNTY, WA; BEING A PORTION OF BLOCK 4, OF
THE PLAT OF PLEASANT BEACH TRACTS AS RECORDED IN VOLUME 4, PAGE 20;
BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION 4; THENCE
SOUTH 88 048'14" EAST 5257.53 FEET TO THE EAST QUARTER CORNER OF SAID
SECTION 4; THENCE NORTH 2604446" WEST 1,386.62 FEET TO A POINT ON THE
PROPOSED WESTERLY MARGIN OF THE RIGHT -OF -WAY OF PLEASANT BEACH
DRIVE NE; THENCE NORTHWESTERLY ALONG SAID RIGHT -OF -WAY ON A 1,120
FOOT RADIUS CURVE TO THE LEFT THE CENTER OF WHICH BEARS SOUTH
74 047'18" WEST AN ARC DISTANCE OF 1o.10 FEET TO THE INTERSECTION WITH
THE EXISTING WESTERLY MARGIN OF THE RIGHT -OF -WAY OF PLEASANT
BEACH DRIVE NE AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING
NORTHWESTERLY ALONG SAID RIGHT -OF -WAY ON A 1,12o FOOT RADIUS
CURVE TO THE LEFT THE CENTER OF WHICH BEARS SOUTH 74 °16'17" WEST AN
ARC DISTANCE OF 85.51 FEET TO THE APPROXIMATE LOCATION OF THE NORTH
MARGIN OF THE PLATTED ALLEY OF THE PLAT OF PLEASANT BEACH TRACTS
PER VOLUME 4, PAGE 20, PLATS OF KITSAP COUNTY, WA; THENCE LEAVING
SAID PROPOSED RIGHT -OF -WAY ALONG THE NORTH MARGIN OF SAID ALLEY
NORTH 8805950" WEST 35.48 FEET TO THE INTERSECTION WITH THE
EXISTING RIGHT -OF -WAY OF PLEASANT BEACH DRIVE NE; THENCE ALONG
SAID RIGHT -OF -WAY SOUTHEASTERLY ON A 27o FOOT RADIUS CURVE TO THE
RIGHT THE CENTER OF WHICH BEARS SOUTH 42 002'19" WEST AN ARC
DISTANCE OF 103.26 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 1443.8 SQ. FT.
EXHIBIT B
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