ORD NO. 2019-34 VACATING A PORTION OF POINT MONROE DRIVEAFTER RECORDING, PLEASE RETURN TO:
Kelly Jahraus
Deputy City Clerk
City of Bainbridge Island
280 Madison Ave. North
Bainbridge Island, WA 98110
BAINBRIDGE ISLAND CITY OF 202002240037
Ordinance Reo Fee: S 122.50 page: 1 of 20
02/2412020 08:52 AM
Paul Andrews, Kitsap co Auditor
ORDINANCE NO. 2019-34
Documents Referenced,
Assigned or Released: N/A
Grantor(s): City of Bainbridge Island, a Washington State municipal
corporation
Grantees: Ernest and Gayle Robbins
Thomas and Linda Newlon
Short Legal Description: Tracts 45, 46, 112 & 113, plat Madison Beach, Vol. 5, pg. 14,
records Kitsap County, WA
City of Bainbridge Island, Kitsap County, Washington,
(Complete legal description on Exhibits B and D)
Assessor's Property Tax
Parcel/Account Number(s): 4155-000-046-0100,4155-000-112-0000,4155-000-045-0101,
4155-000-113-0009
Page 1 of 20
ORDINANCE NO. 2019-34
AN ORDINANCE of the City of Bainbridge Island, Washington,
vacating a portion of Point Monroe Drive abutting Tax Lot Nos.
4155-000-046-0100 (046), 4155-000-112-0000 (112), 4155-000-
045-0101 (045), and 4155-000-113-0009 (113), and requiring the
dedication of the existing paved right-of-way in exchange for the
vacation.
WHEREAS, on October 2, 2019, Ernest and Gayle Robbins and Thomas and Linda
Newlon ("Petitioners") 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 vacation of the portion of the street at issue is to correct the alignment
of the existing platted right-of-way and the existing paved roadway via an exchange of equal
area, depicted on Exhibit A, whereby the Petitioners shall record the dedication of right-of-way
to align with the existing paved roadway area simultaneously with the recordation of this
ordinance; and
WHEREAS, on October 7, 2019, 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")
12.34.060; and
WHEREAS, by Resolution No. 2019-28, the City Council set a public hearing before the
Council on the proposed vacation for November 26, 2019; and
WHEREAS, City staff posted, published, and mailed notices of the public hearing in
accordance with BIMC 12.34.080; and
WHEREAS, BIMC 12.3 4.110 authorizes the vacation of the portion of the street at issue
here and further 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 Council deems necessary to preserve any desired public use or benefit; and
WHEREAS, the City Council held the public hearing at the scheduled time on
November 26, 2019; and
WHEREAS, the City Council has considered any objections to the proposed vacation that
were made as part of this process 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 a realigned public right-of-way will be more useful to the public;
Page 2 of 20
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 has considered the criteria set forth in BIMC 12.34.110 to
determine whether to vacate the portion of Point Monroe Drive at issue here; 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 Petitioners' proposal
to transfer the real property legally described on Exhibit D and depicted on Exhibit E in
exchange and as compensation for the vacation of the portion of Point Monroe Drive at issue
here; and
WHEREAS, upon passage of this ordinance, Petitioners shall submit a signed and
notarized deed dedicating the 2,010 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
WHEREAS, upon passage of this ordinance, Petitioners shall submit signed and notarized
right-of-way deeds in the form attached hereto as Exhibit F transferring a portion of Lots 045,
046, 112, and 113 to align such parcels with the new right-of-way.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE
ISLAND, WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. Criteria. The City Council considered the criteria set forth in BIMC
12.34.110 to determine whether to vacate the portion of the right-of-way at issue here, including
whether the substitution of a new and different public way would be more useful to the public.
Section 2. 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 12.34.110:
A. The vacation of the right-of-way and corresponding dedication of right-of-way to
the City at issue is in the public interest and will better serve the public;
B. The portion of the right-of-way being vacated is no longer required for public use
or public access because it has been substituted by the existing roadway and attendant area that is
being dedicated to the City in fee title;
C. The substitution of the above described public way, which is an existing roadway
and attendant area, will be more useful to the public;
D. The City Council does not expect that conditions may so change in the future as
to provide a greater use or need than presently exists; and
Page 3 of 20
E. The City Council has considered any objections to the proposed vacation made by
owners of private property (exclusive of Petitioners) abutting the street, as well as any objections
made by other governmental agencies or members of the general public.
Section 3. Vacation. The right-of-way being vacated is depicted on Exhibit C,
which is incorporated herein by reference. That portion of Point Monroe Drive abutting Tax Lot
Nos. 4155-000-046-0100 and 4155-000-112-000 is vacated to Ernest and Gayle Robbins, and
that portion of Point Monroe Drive abutting Tax Lot Nos. 4155-000-045-0101 and 4155-000-
113-0009 is vacated to Thomas and Linda Newlon.
Section 4. Reservation of Easements. The City Council conditions the vacation on
the reservation and retention of any existing easements benefitting the City in the street vacation
area, recognizing, however, that the City isn't aware of any specific utility easements recorded
within the street vacation area. Any existing utilities located in the roadway area that will be
dedicated to the City as part of this vacation will continue to be governed by franchise or similar
agreements.
Section 5. Payment of Compensation. The owners of the subject lots abutting the
right-of-way have granted the dedication described in Exhibit D to the City in lieu of payment of
compensation for the vacation of the right-of-way, in accordance with, for example, BIMC
12.34.135. The Director of Public Works determined that the fair market value of the right-of-
way dedication is equivalent to the fair market value of the right-of-way vacated and, therefore,
the owners of the lots abutting the right-of-way are not required to pay compensation for the
right-of-way vacation because this vacation is regarded as an equal area exchange.
Section 6. Conditions of Approval of Street Vacation. The vacation of the portion of
Point Monroe Drive at issue here is conditioned upon receipt of the deed from the Petitioners
dedicating the new right-of-way to the City in the form attached hereto as Exhibit F. If the
Petitioners fail to submit the deed to the City Clerk within twenty (20) days of the passage of this
ordinance and the Director of Public Works, at their reasonable discretion, determines that the
deed was not submitted in a timely manner, this ordinance shall be null and void.
Section 7. Recording. 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 8. 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 10th day of December, 2019.
APPROVED by the Mayor 10th day of December, 2019.
Kol Medina, Mayor
Page 4 of 20
ATTEST/AUTHENTICATE:
f
�hiriisflne Brown, CM'Z7Cfty Clerk
FILED WITH THE CITY CLERK: November 21, 2019
PASSED BY THE CITY COUNCIL: December 10, 2019
PUBLISHED: December 13, 2019
EFFECTIVE DATE: December 18, 2019
ORDINANCE NUMBER: 2019-34
ATTACHMENTS: Exhibits A — F
Page 5 of 20
EXHIBIT A
SKETCH
SHOWING BOTH VACATION & DEDICATION AREAS
(attached)
Page 6 of 20
w
V Portion to
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Legend
3" diameter aluminum City of Bainbridge
Island standard monument in case
Existing building
�,. Asphalt surface
J '
Bulkhead or stone wall
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Robbins s
Robbins
K t',yvyi€orL
Wn to be vacat+ei
Newlon
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000006 4c; 41 `Nl�
EXHIBIT
�,�„�,� Robbins & New1on
� � , MA LEARNSBERRY, Inc. Point Monroe Drive
A LAND SURVEYORS * CONSULTAN-rS�igbt-off- � Realignment
1100 NW7hamps4n Bond. Suile 301. PoulgkKy, WA 4t1.37�3
phone. 206 $41.5314 DIX%, BY BAA I Dee Feblu ry 4, 2 licM, f �)W2
ny e www.-,N11jn&Unry.eom
Oekd 2y B S(& V = 34' I 5hm 5 of 5
Page 7 of 20
r�J
A
Wn to be vacat+ei
Newlon
i�
X
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000006 4c; 41 `Nl�
EXHIBIT
�,�„�,� Robbins & New1on
� � , MA LEARNSBERRY, Inc. Point Monroe Drive
A LAND SURVEYORS * CONSULTAN-rS�igbt-off- � Realignment
1100 NW7hamps4n Bond. Suile 301. PoulgkKy, WA 4t1.37�3
phone. 206 $41.5314 DIX%, BY BAA I Dee Feblu ry 4, 2 licM, f �)W2
ny e www.-,N11jn&Unry.eom
Oekd 2y B S(& V = 34' I 5hm 5 of 5
Page 7 of 20
EXHIBIT B
VACATION AREA DESCRIPTION
MACLE RNSBERRY, Inc.
LAN ID SURVEYORS *CONSULTANTS
1100 NWThampson Road, Suite 301, PoUM% WA 98170
phone. 206 B42-5514
►�x►„r.sc�alaod su r►ry�um
Newlon & Robbins Right-of-way Realignment
of portion of
Point Monroe Drive
Legal Description of portion to be placated
That portion of Mountain View Lane established by Madison Beach per Volume 5,
Page 14, records of Kitsap County, Washington, within Government Lot 2, Section 35,
Township 26 North, Range 2 East, W.M., on Bainbridge island, fronting Lots 45, 46,
1 t 2 and 113, said plat.
Area = 2,000 Square Feet
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Page 8 of 20
31512'19
EXHIBIT C
SKETCH
SHOWING AREA TO BE VACATED
(attached)
Page 9 of 20
Page 10 of 20
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Area to bR
vacated
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11-07-2019
EXHIBIT C
>' �`_. CITY OF
BAINBRIDGE ISLAND
DATE
Existing Right—of—Way
Alignment
PUBLIC WORKSENGINEERING
1
plat of Madison beach
a�
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NUMBER
G.L. 2, Sec. 35, T.26N.,
R.2E., W.M.
DEPARTMENT
Page 10 of 20
EXHIBIT D
DESCRIPTION OF AREA TO BE DEDICATED TO THE CITY OF BAINBRIDGE ISLAND
FOR
NE POINT MONORE DRIVE RIGHT-OF-WAY
MACLEARNSBERRY, Inc.
LAND SURVEYORS + CONSULTANTS
1100 NW I hompson Road, Suite. 11)1, Pm fib WA 9a370
p'hons:2OG 942.5514
www.s,�s3ae,dsu n rysom
Newlon g Robbins Right -of -Way Realignment
of portion of
Point Monroe Drive
Legal Description of portion to be Dedicated
That portion of Lots 45 and 46, Madison Beach, per Volume 5 of Plats, Page 14,
records of Kitsap County, Washington, within Government Lot 2, Section 35,
Township 26 North, Range 2 East, W.PA, on Bainbridge Island, being a 20.00 foot
wide strip of land. having 10.00 Feet of said width on each side of the following
described centerline:
Beginning at a cased road monument set for Volume 51 of Surveys, Pages 106-1 10.
records of said county, which monument lies on or near the boundary common Lots
39 and 40, said plat, and which, according to the meridian of said survey, lies South
29011113" East of a P.I. road monument, similarly set for said survey; said point dein,
the True Point of Beginning; thence North 29'l I' l3" West 207.86 feet to a point of
curve; thence along a 125.00 foot radius curve to the right, having a central angle of
7°41'54" and an arc length of 16.80 feet; thence North 21'29119" West 111.20 feet
to a polnt of curve; thence along a 333.00 foot radius curve to the right, having a
central tingle of 5°07 14" and an arc length of 29.76 feet to the terminus of this
portion of the road centerline.
Area = 2,010 Square Feet
Page 11 of 20
6/13/2018
EXHIBIT E
SKETCH OF DEDICAITON AREA
(attached)
Page 12 of 20
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Areo to be
dedicoted
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roadway \
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11-07-2019 EXHIBIT E . -%V4 gA1MBClIlryRIDGE OF
DATE Right—of—Way Dedication PUBLIC WORKS
piat of Madison beach 1I yT ENGINEERING
1 G.L. 2, Sec. 35, T.26N., R.2E., W.M. r.,,, ` DEPARTMENT
NUMBER ,
Page 13 of 20
EXHIBIT F
FORM OF RIGHT-OF-WAY DEED
(attached)
Page 14 of 20
AFTER RECORDING, PLEASE RETURN TO:
Kelly Jahraus
Deputy City Clerk
City of Bainbridge Island
280 Madison Ave. North
Bainbridge Island, WA 98110
RIGHT-OF-WAY DEED
Documents Referenced,
Assigned or Released: N/A
Grantor(s): [Insert Name of Grantor(s)]
Grantee: City of Bainbridge Island, a Washington State municipal
corporation
Short Legal Description: L` .l
City of Bainbridge Island, Kitsap County, Washington,
(Complete legal description on Exhibit A)
Assessor's Property Tax
Parcel/Account Number(s):
Page 15 of 20
RIGHT-OF-WAY DEED
THIS RIGHT-OF-WAY DEED ("Deed") is conveyed by [Insert name of Grantor] ("Grantor")
and accepted by the City of Bainbridge Island, a Washington State municipal corporation,
("City" or "Grantee") as follows:
A. Grantor is the fee owner of the real property, which is situated in Bainbridge
Island, Kitsap County, Washington, and is legally described on Exhibit A, which is attached
hereto and incorporated herein by this reference ("Grantor's Property").
B. Grantor desires to convey to the City a portion of Grantor's Property for right-of-
way purposes, in accordance herewith.
NOW, THEREFORE, the Grantor, for and in consideration of the benefits of a public right-of-
way and other good and valuable consideration and in lieu of condemnation, hereby warrants and
conveys to the City that portion of Grantor's Property, which is legally described on Exhibit B
and depicted on Exhibit C, which are both attached hereto and incorporated herein by this
reference ("Right -of -Way"), in fee simple and not as an easement, for use and occupancy by the
City, including for the construction, development, maintenance, repair, replacement, and public
use of: (i) a roadway; (ii) other reasonable and appropriate uses appurtenant to a municipal
roadway and utility installation and use, including, without limitation, sidewalks, curbs, gutters,
and utility facilities; and (iii) utility facilities for the benefit and use of the City and utility
purveyors.
In addition, Grantor further grants to the City a perpetual, nonexclusive easement for making and
undertaking all necessary slopes for cuts and fills incident or appurtenant to the construction and
maintenance of roadway slopes and stormwater conveyances in excavation and/or embankment
for roadway purposes, in conformity with City engineering design and development standards
for roadways, over, under, upon, and across the portion of the Grantor's Property abutting the
right-of-way.
IN WITNESS WHEREOF, the Grantor has conveyed, and the City has accepted, this Deed as
of the later of the signature dates below.
GRANTOR:
GRANTEE:
[Grantor's Name] City of Bainbridge Island
Title:
Chris Wierzbicki
Director of Public Works
Page 16 of 20
STATE OF WASHINGTON )
)ss:
COUNTY OF KITSAP )
I certify that I know or have satisfactory evidence that is the person who
appeared before me, and said person acknowledged that he/she signed this instrument and
acknowledged it to be his/her free and voluntary act for the uses and purposes mentioned in the
instrument.
Given under my hand and seal this _
day of , 20_
Notary Public in and for the State of
Washington, residing at
My commission expires:
STATE OF WASHINGTON )
)ss:
COUNTY OF KITSAP )
I certify that I know or have satisfactory evidence that Chris Wierzbicki is the person who
appeared before me, and said person acknowledged that he signed this instrument, on oath stated
that he was authorized to execute the instrument, and acknowledged it as the Public Works
Director of the City of Bainbridge Island to be the free and voluntary act of such entity for the
uses and purposes mentioned in the instrument.
Given under my hand and seal this
day of 20--
Notary
0e
Notary Public in and for the State of
Washington, residing at
My commission expires:
Page 17 of 20
EXHIBIT A
LEGAL DESCRIPTION OF GRANTOR'S PROPERTY
Page 18 of 20
EXHIBIT B
DESCRIPTION OF RIGHT-OF-WAY DEED AREA
Page 19 of 20
EXHIBIT C
RIGHT-OF-WAY DEED AREA SKETCH
(attached)
Page 20 of 20