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
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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.
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