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ORD NO. 2018-16 VACATING AN UN-NAMED 30-FOOT STRIPAFTER RECORDING, PLEASE RETURN TO: Kelly Jahraus Deputy City Clerk City of Bainbridge Island 280 Madison Avenue North Bainbridge Island, WA 98110 Reference Number(s) of Documents Assigned or Released: Grantor: Grantees: CITY OF BAINBRIDGE ISLAND Ordinance Rec Fee: $ 106.00 0611912018 100 02 AM Dolores Gilmore: Kitsap Co Auditor CITY OF BAINBRIDGE ISLAND ORDINANCE NO. 2018-16 N/A 201806190066 Page: 1 of 8 City of Bainbridge Island, Washington, a municipal corporation City of Bainbridge Island, Washington, a municipal corporation Short Legal Description: W. 30' of SW 1/4, SE 1/4, Sec. 16, T.25N., R.2E., W.M., City of Bainbridge Island, Kitsap County, WA (Complete legal descriptions on Exhibit C) Parcel/Account Number(s): 162502-3-008-2003, 162502-4-032-2001, 162502-3-006-20053 162502-4-025-2000, 162502-4-022-2003, 162502-3-009-2002 Page 1 of 8 ORDINANCE NO. 2018-16 AN ORDINANCE of the City of Bainbridge Island, Washington, vacating an unnamed 30 -foot strip, declaring the strip surplus, and authorizing the transfer of the strip to the Park District. WHEREAS, the Bainbridge Island Metropolitan Park and Recreation District ("Park District"), the Bainbridge Island Land Trust (`GILT"), and Sarah Soutter, a property owner, have agreed to a proposed transaction that, if completed, would ultimately result in a 10 -acre addition to the Grand Forest; and WHEREAS, a condition of the proposed transaction is that an unnamed 30 -foot strip of right-of-way running north from Mandus Olson Road be vacated and fee title to the strip be transferred to the Park District; and WHEREAS, Kitsap County previously owned the unnamed 30 -foot strip in fee title and, pursuant to Kitsap County Resolution No. 340-1989, designated it as "a part of the right-of-way of the Kitsap County Road System"; and WHEREAS, on February 27, 2017, Kitsap County conveyed fee title to the unnamed 30 - foot strip to the City by quit claim deed recorded under Auditor's File No. 201703170172; and WHEREAS, the City has no plans to use the unnamed 30 -foot strip as part of the City's street system and does not need the strip for other purposes; and WHEREAS, on August 15, 2017, the City Council first considered initiating a road vacation process for the unnamed 30 -foot strip of right-of-way; and WHEREAS, on May 8, 2017, the City Council adopted Resolution No. 2018-15, formally initiating a street vacation process for the unnamed 30 -foot strip and setting a public hearing on the proposed street vacation for June 12, 2018; and WHEREAS, the City posted, published, and mailed notices of the public hearing in accordance with BIMC 12.34.080 and Chapter 35.79 RCW; and WHEREAS, the City Council held the public hearing on June 12, 2018, and heard testimony from interested parties, and WHEREAS, the area of the unnamed 30 -foot strip proposed to be vacated is legally described on attached Exhibit A and depicted on attached Exhibit B; and WHEREAS, the City Council has considered the criteria set forth in BIMC 12.3 4.110 to determine whether to vacate the unnamed 30 -foot strip; and WHEREAS, the City Council now desires to vacate the unnamed 30 -foot strip; and Page 2 of 8 WHEREAS, the unnamed 30 -foot strip is surplus to the City's needs; and WHEREAS, the City Council desires that the proposed transaction between the Park District, BILT, and Ms. Soutter be completed. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. Criteria. The City Council has considered the criteria set forth in BIMC 12.34.110 and determines that the right-of-way contained within the area legally described on attached Exhibit A and depicted on attached Exhibit B should be vacated. Section 2. Findings. The City Council makes the following findings: a. The right-of-way for which vacation is sought is surplus to the City's needs. b. The vacation of the right-of-way would not impair access to any property or otherwise impinge upon the property rights of the City or any private landowner. C. Fee title to the unnamed 30 -foot strip, legally described on attached Exhibit A and depicted on attached Exhibit B, is surplus to the City's needs and should be transferred to the Park District. Section 3. Vacation. The portion of right-of-way, legally described on attached Exhibit A and depicted on attached Exhibit B, abutting Tax Lot No. 162502-3-008-2003, Tax Lot No. 162502-4-032-2001, Tax Lot No. 162502-3-006-2005, Tax Lot No. 162502-4-025-2000, Tax Lot No. 162502-4-022-2003, and Tax Lot No. 162502-3-009-2002 is vacated. The real property adjacent to the vacated right-of- way is legally described in attached Exhibit C. Section 4. Surplus The unnamed 30 -foot strip, legally described on attached Exhibit A and depicted on attached Exhibit B, is hereby declared to be surplus to the City's needs. Section 5. City Manager. The City Manager is authorized and directed to take all necessary and appropriate steps to transfer fee title to the unnamed 30 -foot strip to the Park District. Page 3 of 8 Section 6. Recording. The City Clerk is authorized and directed to record a certified copy of this ordinance with the Kitsap County Auditor's office. Section 7. Effective Date. This ordinance shall be effective five (5) days from and after its passage, approval, and publication as required by law. PASSED by the City Council this 12th day of June, 2018. APPROVED by the City Council this 12th day of June, 2018. Kol Medina, Mayor ATTEST/AUTHENTICATE: Christine Brown, City FILED WITH THE CITY CLERK May 4, 2018 PASSED BY THE CITY COUNCIL June 12, 2018 PUBLISHED: June 15, 2018 EFFECTIVE DATE: June 20, 2018 ORDINANCE NO: 2018-16 Page 4 of 8 EXHIBIT A LEGAL DESCRIPTION OF RIGHT-OF-WAY VACATION AREA 30' Unnamed right-of-way description The West 30.00 feet of the Southwest quarter of the Southeast quarter of Section 16, Township 25 North, Range 2 East, W.M., City of Bainbridge Island, Kitsap County, Washington. Page 5 of 8 EXHIBIT B Page 6 of 8 ,�•v ds�aar .Y�sry sn,��� d a o a $ O o! O S Si b� � tl� ya Z a � s �o w e O O a _ O O O 04_23_2018 EXHIBIT A `aR - CITY OF BAINBRIDGIEISLAND DATE Unnamed SW 1/4, 30' SE Strip 1/4 = � ="a pueuc WORKS ENGINEERING NUMBER Sec. 16, T.25N., R.2E., W.M. �I:;a} `' DEI�ARTMEN"I Page 6 of 8 EXHIBIT C LEGAL DESCRIPTION OF ADJACENT PARCELS Tax Parcel # 162502-3-008-2003 Resultant Parcel A of Boundary Line Adjustment recorded under Auditor's File No. 9605230078 described as follows: The North half of the Northeast quarter of the Southeast quarter of the Southwest quarter of Section 16, Township 25 North, Range 2 East, W.M., Kitsap County, Washington. EXCEPT the West 136.00 feet of the South 40.00 feet thereof. ALSO, the East 136.00 feet of the North 40.00 feet of the South half of the Northeast quarter of the Southeast quarter of the Southwest quarter of said Section 16. SUBJECT TO and together with easements, restrictions and reservations of record. Tax Parcel # 162502-4-032-2001 Resultant Parcel C of Boundary Line Adjustment recorded under Auditor's File No. 201112190056, and as depicted on survey recorded under Auditor's File No. 201112190057, in Volume 76 of Surveys, page 89, records of Kitsap County, Washington, described as follows: That portion of the Southeast quarter of Section 16, Township 25 North, Range 2 East, W.M., City of Bainbridge Island, Kitsap County, Washington, described as follows: Beginning at the Southwest corner of said Southeast quarter; Thence along the North-South centerline of said Section 16, North 01 *04'55" East 1320.81 feet to the Northwest corner of the Southwest quarter of said Southeast quarter and the True Point of Beginning; Thence along the North line of said Southwest quarter, South 89* 15'30" East 791.41 feet; Thence leaving said North line, South 01*00'58" West 215.00 feet; Thence South 89* 15'30" East 530.00 feet to the East line of said Southwest quarter; Thence along said East line, South 01*00'58" West 520.64 feet; Thence leaving said East line, North 89* 16'55" West 422.25 feet to the East line of the West 900.00 feet of said Southwest quarter; Thence along said East line of the West 900.00 feet, North 01 *04'55" East 383.40 feet to the North line of the South 968.00 feet of said Southwest quarter; Thence along said North line of the South 968.00 feet, North 89* 16'55" West 900.02 feet to the North-South centerline of said Section 16; Thence along said North-South centerline, North 01 *04'55" East 352.79 feet to the True Point of Beginning; EXCEPT the West 30.00 feet thereof, AND EXCEPT the East 30.00 feet for road purposes as conveyed by right-of-way deed recorded under Kitsap County Auditor's File No. 906594. Page 7 of 8 Tax Parcel # 162502-3-006-2005 Resultant Parcel B of Boundary Line Adjustment recorded under Auditor's File No. 9605230078 described as follows: The South half of the Northeast quarter of the Southeast quarter of the Southwest quarter of Section 16, Township 25 North, Range 2 East, W.M., Kitsap County, Washington. EXCEPT the East 136.00 feet of the North 40.00 feet thereof. ALSO the West 136.00 feet of the South 40.00 feet of the North half of the Northeast quarter of the Southeast quarter of the Southwest quarter of said Section 16. SUBJECT TO and together with easements, restrictions and reservations of record. Tax Parcel # 162502-4-025-2000 Lot D City of Bainbridge Island Short Plat No. BI -137R-1 (Hobbs SPTO1-31-00-2) recorded under Auditor's File No. 200501280028/0029, in Volume 18 of Short Plats, pages 142 -145, being an amendment of 200204260291/0292, in Volume 17 of Plats, pages 1, 2, 3 & 4; Being a portion of the Southwest quarter of the Southeast Quarter, Section 16, Township 25 North, Range 2 East, W.M., in Kitsap County, Washington; TOGETHER with easements as depicted on the short plat. Tax Parcel # 162502-4-022-2003 Resultant Parcel A of Boundary Line Adjustment recorded under Auditor's File No. 201712290143, records of Kitsap County, Washington, being a portion of the Southwest quarter of the Southeast quarter, Section 16, Township 25 North, Range 2 East, W.M., in Kitsap County, Washington; SUBJECT TO and together with easements, restrictions and reservations of record. Tax Parcel # 162502-3-009-2002 The East half of the Southeast quarter of the Southeast quarter of the Southwest quarter, Section 16, Township 25 North, Range 2 East, W.M., Kitsap County, Washington; EXCEPT the South 30 feet conveyed to Kitsap County for Mandus Olson Road Auditor's File No. 579207. Page 8 of 8