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ORD 2015-22 VACATING A PORTION OF PT MONROE DRIVE ABUTTING TAX# 4155-000-039-0000CITY OF BAINBRIDGE ISLAND 201510070098 Ordinance Rec Fee: $ 85.00 10/07/2015 10:58 ASI Page, 1 of 14 Gilmore Kit C Ai 11111 11 11111111111111111111111111111111111111111111111111111111111111111111111111IN When Recorded Return to: Name: Bainbridge Island City Clerk Address: 280 Madison Avenue N. Bainbridge Island, WA 98110 — 1812 Document Title: Ordinance No. 2015-22 Grantor's Name: City of Bainbridge Island Grantee's Name: Gudmundsson, Sigurdur G & Heidi L. (4155-000-039-0000) Tax Parcel # 4155-000-039-0000 Abbreviated Legal Description: LOTS 39 AND 119 AND THE SOUTH HALF OF LOTS 40 AND 118, MADISON BEACH, VOLUME 5 OF PLATS, PAGE 14, RECORDS OF KITSAP COUNTY, WASHINGTON. TOGETHER WITH TIDELANDS OF THE SECOND CLASS ORDINANCE NO. 2015-22 AN ORDINANCE of the City of Bainbridge Island, Washington vacating a portion of Point Monroe Drive abutting Tax Lot No. 4155-000-039-0000 and requiring the dedication of the existing paved right-of-way. WHEREAS, on June 15, 2015, Devin Johnson of Johnson Squared Inc., Agent for Sigurdur and Heidi Gudmundsson, 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 June 24, 2015, 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, by Resolution No. 2015-12, the City Council set a public hearing before the City Council on the proposed vacation for August 11, 2015; 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 August 11, 2015; 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 legally described on Exhibit B and depicted on Exhibit C and to accept the Petitioner's proposal to transfer the real property legally described on Exhibit D and depicted 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 1,501 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 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 Corn ensation. 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. 4155-000-039- 0000 is vacated to Sigurdur and Heidi Gudmundsson. 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 25th day of August, 2015. APPROVED by the City Council this 25th day of August, 2015. �-e ® Anne S. Blair, Ma or ATTEST/AUTHENTICATE: 1 ,-3h 4r Rosalind D. Lassoff, ity Clerk FILED WITH THE CITY CLERK: July 17, 2015 PASSED BY THE CITY COUNCIL: August 25, 2015 PUBLICATION: August 28, 2015 EFFECTIVE DATE: September 2, 2015 ORDINANCE NO.: 2015-22 EXHIBIT A SKETCH SHOWING BOTH VACATION & DEDICATION AREAS ? r Y Q 'r..�& �� \ e n w y. •r' q Area to be -dedicated } _` LWd ib = Found City of Bainbridge Island eenterilne monument UP - Utnity pole Wr4 - Water meter ICV - irrigation control valve Ce - Catch basin LS - Landscaped area M— Right—of—Way Dedication area F-1 - Asphalt surface - Concrete surface iro= Gravel surface L.... i x—x—x = Existing fence line z SOO rte, Y I v �r- /I'y�f to be vacated Plotted right—of—way 20 top � � �- Exhibit A Point Monroe D?-ive AVE Government Lot 2 SEC. 35; Te 26N., R.2E.s W.M. City of Bainbridge Island, Kitsop County, Washington ADAM GVLDS WORTH , INC. LAND SURVEYNNG BATE 5/13/15 DRAWING 5782ROW2 , II y Vass w �q a 4,0 y %A� �q0Y } SOU .'J-0 q Area to be -dedicated } _` LWd ib = Found City of Bainbridge Island eenterilne monument UP - Utnity pole Wr4 - Water meter ICV - irrigation control valve Ce - Catch basin LS - Landscaped area M— Right—of—Way Dedication area F-1 - Asphalt surface - Concrete surface iro= Gravel surface L.... i x—x—x = Existing fence line z SOO rte, Y I v �r- /I'y�f to be vacated Plotted right—of—way 20 top � � �- Exhibit A Point Monroe D?-ive AVE Government Lot 2 SEC. 35; Te 26N., R.2E.s W.M. City of Bainbridge Island, Kitsop County, Washington ADAM GVLDS WORTH , INC. LAND SURVEYNNG BATE 5/13/15 DRAWING 5782ROW2 EXHIBIT B VACATION AREA DESCRIPTION A portion of the Mountain View Lane right-of-way adjoining Lots 39, 40, 118 and 119 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 Northeast corner of the South half of said Lot 40; Thence North 61'34' East 20.00 feet to the Northwest corner of the South half of said Lot 118; Thence along the Easterly line of said right-of-way, South 28°26' East 75.00 feet to the Southwest corner of said Lot 119; Thence South 61034' West 20.00 feet to the Southeast corner of said Lot 39; Thence along the Westerly line of said right-of-way, North 28°26' West 75.00 feet to the point of beginning. Area = 1,500 Square Feet EXHIBIT C SKETCH SHOWING AREA TO BE VACATED LWw = F Found City of Bainbridge Island centerline monument UP = utility pale WM = Water meter ICV = Irrigation control valve CB = Catch basin LS = Landscaped area ® = Right -of -Way Vacation area = Asphalt surface = Concrete surface i^� = Grovel surface L_J = Existing fence line s/1.3/r5 .Exhibit C }light of Way Vacation Mountain View Lane Go vemm/n�en t /JLoy/fit 2 SEC. 35, T 26jj. p R. 2E. o „• M City of Boinbridge Island, Kitsop County, Washington ADAM GULFS OR'HY, INC. LAND SURVEYING DATE 5/1.3/15 DRAWING 5782RQW1 O 1 , L Y I L A r OO L'e ' Vol �' • p4 t j soil tn r1 10 �pc pf I 7:yti` Area to be vacated Platted right-of-way ,20 .0 (raveled way of g Point Monroe 3r Drive NE LWw = F Found City of Bainbridge Island centerline monument UP = utility pale WM = Water meter ICV = Irrigation control valve CB = Catch basin LS = Landscaped area ® = Right -of -Way Vacation area = Asphalt surface = Concrete surface i^� = Grovel surface L_J = Existing fence line s/1.3/r5 .Exhibit C }light of Way Vacation Mountain View Lane Go vemm/n�en t /JLoy/fit 2 SEC. 35, T 26jj. p R. 2E. o „• M City of Boinbridge Island, Kitsop County, Washington ADAM GULFS OR'HY, INC. LAND SURVEYING DATE 5/1.3/15 DRAWING 5782RQW1 EXHIBIT D DESCRIPTION AREA TO BE DEDICATED TO THE CITY OF BAINBRIDGE ISLAND FOR NE POINT MONORE DRIVE RIGHT-OF-WAY A portion of Lots 39 and 40 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 a City of Bainbridge Island centerline monument shown on the survey recorded in Volume 51, Pages 106-110 of surveys, records of Kitsap County, Washington, said monument located Westerly of Easterly lot corner common to said Lots 39 and 40 and from which a City of Bainbridge Island centerline monument bears South 28°07'54" East 206.40 feet; Thence along the centerline of Point Monroe Drive NE as shown on said survey, North 29'1 l' 13" West 24.99 feet to a point on the Northerly line of the South half of said Lot 40 and the True Point of Beginning; Thence along said Northerly line, North 63'03'14" East 10.01 feet; Thence along a line parallel to and 10 feet Easterly of said centerline, South 29'l I' 13" East 24.69 feet; Thence continuing along a line parallel to and 10 feet Easterly of said centerline, South 28°07'34" East 50.34 feet to a point on the Southerly line of said Lot 39; Thence along said Southerly line, South 63'03'14" West 20.01 feet; Thence along a line parallel to and 10 feet Westerly of said centerline, North 28°07'34" West 49.74 feet; Thence continuing along a line parallel to and 10 feet Westerly of said centerline, North 29'1 I'l3" West 25.29 feet to a point on the Northerly line of the South half of said Lot 40; Thence along said Northerly line, North 63'03'14" East 10.01 feet to the True Point of Beginning. Area = 1,501 Square Feet ►L EXHIBIT E SKETCH OF DEDICAITON AREA .Gross -rte [Area to be dedicated LeWd �b __Found City of 8oinbridge island centerline monument UP = Utility pole `Af = Water meter ICV = irrigation control valve CR = catch basin LS = Landscaped area ® = Right—of—Way Dedication area = Asphalt surface = Concrete surface i i = Gravel surface L__9 x—x—x = Existing fence line 10-1� the A of �' Platted right—of way �2 �r Exhibit E Point Monroe Drive NE Government Lot 2 SEC. 35, T.26N., R.2E., W U. City of Bainbridge island, Kitsop County, Washington ADAM GDL SW TH '; INC. LAND SURVEYING DAi'E 5/13/15 DRAWxNG 5782ROW2 After Filing Return To: City of Bainbridge Island Attn: Public Works 280 Madison Avenue North Bainbridge Island, WA. 98110 EXHIBIT F FORM OF RIGHT-OF-WAY DEED RIGHT-OF-WAY DEED GRANTOR(S): Sigurdur & Heidi Gudmundsson GRANTEE: City of Bainbridge Island ABBREVIATED LEGAL DESCRIPTION: Lots 39 And 119 and the South half of Lots 40 and 118, Madison Beach, Sec.35, T. 26 N., R.2E., W.M., City of Bainbridge Island, Kitsap County, Washington ASSESSOR'S ACCOUNT NUMBER: 4155-000-039-0000 ROAD KNOWN AS Point Monroe Drive NE, KNOW ALL MEN BY THESE PRESENTS THAT the undersigned grantors, owners of the property 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, dedicate to the City of Bainbridge Island and to the use of the public forever that portion of the right-of-way of Point Monroe Drive NE described in the attached Exhibit B and shown on attached Exhibit C. The Grantors hereby agree and consent 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 Statutes of the State of Washington, Said covenants shall run with the land and be binding upon the grantors, their successors or assigns. Page 2 Right of Way Deed for NE Point Monroe Dr. Job No. 15-5782 May 6, 2015 forever. TO HAVE AND TO HOLD the same, unto the City of Bainbridge Island for the purpose of a public road IN WITNESS WHEREOF, the Grantors have executed this deed on this day of , 2015. GRANTORS: Sigurdur G. Gudmundsson and Heidi L. Gudmundsson State of Washington County of Kitsap I certify that I know or have satisfactory evidence that Sigurdur G. Gudmundsson and Heidi L. Gudmundsson were the persons who appeared before me, and said persons acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it to be the free and voluntary act of such parties for the uses and purposes mentioned in the instrument. NOTARY PUBLIC in and for the State of Washington Print Name Residing at My appointment expires Public Works Approval Point Monroe Drive NE Right -of -Way Deed EXHIBIT A Property Description Lots 39 and 119 and the South half of Lots 40 and 118 of the plat of Madison Beach as recorded in Volume 5 of Plats, Page 14, records of Kitsap County Records of Kitsap County, Washington. together with Tidelands of the Second Class as conveyed by the State Of Washington, situate in front of, adjacent to and abutting thereon. Situate in the Section 35, Township 26 North, Range 2 East, W.M., City of Bainbridge Island, Kitsap County, Washington. Point Monroe Drive NE Right of Way Deed EXHIBIT B Right -of -Way Description A portion of Lots 39 and 40 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 a City of Bainbridge Island centerline monument shown on the survey recorded in Volume 51, Pages 106-110 of surveys, records of Kitsap County, Washington, said monument located Westerly of Easterly lot corner common to said Lots 39 and 40 and from which a City of Bainbridge Island centerline monument bears South 28°07'54" East 206.40 feet; Thence along the centerline of Point Monroe Drive NE as shown on said survey, North 29'11'] 3" West 24.99 feet to a point on the Northerly line of the South half of said Lot 40 and the True Point of Beginning; Thence along said Northerly line, North 63°03'14" East 10.01 feet; Thence along a line parallel to and 10 feet Easterly of said centerline, South 29'11'] 3" East 24.69 feet; Thence continuing along a line parallel to and 10 feet Easterly of said centerline, South 28°07'34" East 50.34 feet to a point on the Southerly line of said Lot 39; Thence along said Southerly line, South 63°03'14" West 20.01 feet; Thence along a line parallel to and 10 feet Westerly of said centerline, North 28°07'34" West 49.74 feet; Thence continuing along a line parallel to and 10 feet Westerly of said centerline, North 29°1 V] 3" West 25.29 feet to a point on the Northerly line of the South half of said Lot 40; Thence along said Northerly line, North 63'03'14" East 10.01 feet to the True Point of Beginning. Area= 1,501 Square Feet >f Grass a© ai � pL Ana Lend e = Found City of R rinbrddge Wand cen tsu'dine monument UP - U Nity Boole W - Water meter ICV = drrigolian control valve Ci? - Catch basin LS = Landscaped area ® - Rdght-of-Way Decftcation area Q= Asphalt satfoce €. '1 = Concrete suffoce �;- - Gravel surface —_y, = Existing fence drive EXHIBIT C I l6R i,ra (Jf � 4 2iC T�',Platted right-of-way seeto } ti Exhibit C Right of '4Tay Dedication Point Monroe Drive IVE Government Lot 2 SEC. 3,5, T. 26N., R, 2E, W. U, City of Bainbridge island, Kitsop County, Washington ADAM GOLD S" WOR TSI Y, INC. LAND SURVEYING VA TE -5/13/15 ,i,,r'A WING .5782ROV12