ORD NO. 2018-04 VACATING DUANE LANEBAINBRIDGE ISLAND CITY OF 201904160152
Ordinance Rec Fee: $ 106 00
04/16;201912:05 PM Page: 1 of B
Paul Andrews, Kitsap Co Auditor
AFTER RECORDING, PLEASE RETURN TO:
Kelly Jahraus
Deputy City Clerk
City of Bainbridge Island
280 Madison Avenue North
Bainbridge Island, WA 98110
CITY OF BAINBRIDGE ISLAND
ORDINANCE NO. 2018-04
Reference Number(s) of
Documents Assigned
or Released: N/A
Grantor: City of Bainbridge Island, Washington, a municipal corporation
Grantees: Thomas A. & Gail L. Cole, Gary & Susan Ohrt,
Ricardo & Jean Fleischfresser,
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Short Legal Description: Portion NE 1/4, NE 1/4, Sec. 27, T.25N., R.2., W.M.,
City of Bainbridge Island, Kitsap County, Washington,
(Complete legal description on Exhibit A)
Parcel/Account Number(s): 272502-1-125-2002,272502-1-126-2001,272502-1-138-2007,
272502-1-140-2003, 272502-1-141-2002, 272502-1-066-2003,
272502-1-021-2007
Grantor's Name: City of Bainbridge Island
Grantee's Name: Cole, Thomas A II & Gail L
Tax Parcel # 272502-1-125-2002
Abbreviated Legal Description:
Parcel B, City of Winslow Short Plat W -53R-1, AFN 8706230220, Portion NE %4, NE 1/4,
Sec. 27, T.25N., R.2., W.M., Kitsap County, WA.
Document Title: Ordinance No. 2018-04
Grantor's Name: City of Bainbridge Island
Grantee's Name: Ohrt, Gary & Susan
Tax Parcel # 272502-1-126-2001
Abbreviated Legal Description:
Parcel C, City of Winslow Short Plat W -53R-1, AFN 8706230220, Portion NE 1/4, NE 1/4,
Sec. 27, T.25N., R.2., W.M., Kitsap County, WA.
Document Title:
—Grantor's -Name:
Grantee's Name:
Ordinance No. 2018-04
City_ of Bainbridge Island_
Fleischfresser, R & JE
Tax Parcel # 272502-1-138-2007
Abbreviated Legal Description:
Parcel A, Amended Winslow Short Plat, AFN Nos. 8809010112 & 8811180181, W-18,
Portion NE 1/4, NE 1/4, Sec. 27, T.25N., R.2., W.M., Kitsap County, WA.
Document Title: Ordinance No. 2018-04
Grantor's Name: City of Bainbridge Island
Grantee's Name: Ohrt, Gary & Susan
Tax Parcel # 272502-1-140-2003
Abbreviated Legal Description:
Parcel C, Amended Winslow Short Plat AFN Nos. 8809010112 & 8811180181, W-18,
Portion NE 1/4, NE %4, Sec. 27, T.25N., R.2., W.M., Kitsap County, WA.
Document Title:
Ordinance No. 2018-04
Grantor's Name:
City of Bainbridge Island
Grantee's Name:
Ohrt, Gary & Susan
Tax Parcel #
272502-1-141-2002
Abbreviated Legal Description:
Page 2 of 8
Parcel D, Amended Winslow Short Plat AFN Nos. 8809010112 & 88111801815 W-18,
Portion NE 1/4, NE 1/4, Sec. 27, T.25N., R.2., W.M., Kitsap County, WA.
Document Title:
Ordinance No. 2018-04
Grantor's Name:
City of Bainbridge Island
Grantee's Name:
Ohrt, Gary & Susan
Tax Parcel # 272502-1-066-2003
Abbreviated Legal Description:
Lot A, City of Winslow Short Plat No. W-73, January 9, 1978 AFN 7801090094;
Portion N 1/2, S 1/4, NE 1/4, NE 1/4, Sec. 27, T.25N., R.2., W.M.; Except N. 29.41 feet,
Document Title:
Ordinance No. 2018-04
Grantor's Name:
City of Bainbridge Island
Grantee's Name:
Ohrt, Gary & Susan
Tax Parcel #
272502-1-021-2007
Abbreviated Legal Description:
Portion NE 1/4, NE 1/4, Sec. 27, T.25N., R.2., W.M., Kitsap County, WA.
Page 3 of 8
ORDINANCE NO. 2018-04
AN ORDINANCE of the City of Bainbridge Island, Washington,
vacating Duane Lane and reserving certain utility and access
easements for the benefit of the City.
WHEREAS, at its November 28, 2017, meeting, the City Council approved an
Agreement for Improvement to Public Trail and Processing of Vacation of Disputed Street
("Agreement") to resolve a right-of-way dispute between the City and landowners related to
Duane Lane in exchange for construction of a public trail connection between Sportsman Club
Road and Weaver Road; and
WHEREAS, under the terms of the Agreement, the City agreed to initiate a street
vacation process related to Duane Lane at the first City Council meeting following the execution
of the Agreement; and
WHEREAS, the area of Duane Lane proposed to be vacated is legally described on
attached Exhibit A and depicted on attached Exhibit B; and
WHEREAS, under the terms of the Agreement, if the City Council approves the street
vacation, then Ohrt would construct and pay for a trail connection (approximately 449 feet)
between two trails, one coming from Sportsman Club Road and the other coming from Weaver
Road, and thereby create a constructed trail over 1,200 feet long between these two roads,
including a bridge over Hirawaka Creek; and
WHEREAS, on_December 5, 2017,.the City Council adopted Resolution No. 2017-23,
initiating a street vacation process and setting a public hearing before the City Council on the
proposed street vacation for February 6, 2018; and
WHEREAS, the City Council -initiated street vacation procedure is set out in Chapter
12.34 BIMC and Chapter 35.79 RCW; and
WHEREAS, City staff posted, published, and mailed notices of the public hearing in
accordance with BIMC 12.34.080 and Chapter 35.79 RCW; and
WHEREAS, BIMC 12.34.110 authorizes the City Council to retain easements for
construction, repair, and maintenance of existing and future utilities and services as well as to
condition or limit a street vacation as the City Council deems necessary to preserve any desired
public use or benefit; and
WHEREAS, the City Council held the public hearing on February 6, 2018, and heard
testimony from interested parties, and
WHEREAS, the City Council further considered and discussed the proposed street
vacation at its meeting on February 13, 2018, and
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WHEREAS, the City Council has considered the criteria set forth in BIMC 12.34.110 to
determine whether to vacate Duane Lane; and
WHEREAS, the City Council now desires to vacate Duane Lane.
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 to determine whether
to vacate the right-of-way.
Section 2. Findings.
The City Council has made 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.
Section 3. Vacation.
a. The portion of right-of-way abutting Tax Lot No. 272502-1-125-2002 and Tax
_Lot No. 272502-1_138-2007_and_a_s described on Exhibit A (legal description) and depicted on
Exhibit B (map), both attached and incorporated by reference, is vacated respectively to Thomas
& Gail Cole and R & JE Fleischfresser, and subject to compliance with the provisions of Chapter
12.34 of the Bainbridge Island Municipal Code.
b. The portion of right-of-way abutting Tax Lot No. 272502-1-126-2001, Tax Lot
No. 272502-1-140-2003, Tax Lot No. 272502-1-141-2002, Tax Lot No. 272502-1-066-2003, and
Tax Lot No. 272502-021-2007 and as described on Exhibit A (legal description) and depicted on
Exhibit B (map), both attached and incorporated by reference, is vacated to Gary & Susan Ohrt,
subject to compliance with the provisions of Chapter 12.34 of the Bainbridge Island Municipal
Code.
Section 4. Reservation of Easements.
The City Council conditions the street vacation on the reservation and retention of the following
easements benefiting the City:
a. A 29.41 -foot -wide access and utility easement covering the entirety of the area
vacated by this Ordinance from the eastern boundary of Parcel No. 272502-1-138-2007 to the
western boundary of the City's right-of-way containing Madison Avenue N.; and
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b. A 5.00 -foot -wide access and utility easement along the north line of Parcel No.
272502-1-138-2007 from the eastern boundary of the City's right-of-way containing Nakata
Avenue SW. to the eastern boundary of Parcel No. 272502-1-138-2007.
Section 5. Conditions of Approval for Street Vacation. The vacation of Duane
Lane is conditioned upon the grant of a right-of-way consisting of the south 15 feet of parcel
number 272502-1-022-2006.
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 27th day of February 2018.
APPROVED by the City Council this 27h day of February 2018.
Kol Medina, Mayor
ATTEST/AUTHENTICATE:
l
Christine Brown, City erk
FILED WITH THE CITY CLERK November 28, 2017
PASSED BY THE CITY COUNCIL February 27, 2018
PUBLISHED: March 2, 2018
EFFECTIVE DATE: March 6, 2018
ORDINANCE NO: 2018-04
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EXHIBIT A
LEGAL DESCRIPTION OF RIGHT-OF-WAY VACATION AREA
The North 29.41 feet of the following described parcel:
That portion of the Northeast quarter of the Northeast quarter of Section 27, Township 25 North,
Range 2 East, W.M., described as follows;
Commencing 10 rods North of the Southeast corner of the Southeast quarter of the Northeast
quarter of the Northeast quarter;
Thence North 10 rods;
Thence West 40 rods;
Thence South 10 rods;
Thence East 40 rods to the Point of Beginning;
EXCEPT the East 20 feet of the North 29.41 feet;
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EXHIBIT B
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