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RES 2001-25 PUBLIC WORKS YEAR USE OF ACCESS EASEMENTRESOLUTION NO. 2001-25 A RESOLUTION of the City of Bainbridge Island, Washington, relating to the City's use of its access easement at the south end of the Public Works Yard. WHEREAS, the City shares a Reciprocal Easement Access ("easement"), for the use of an access road ending at the southern border of its public works yard with four adjacent property owners which became effective June 8, 1981; and WHEREAS, the parties to the original agreement were: Kitsap County, Bainbridge Island Saddle Club, Clementz Construction, L & J Jentzsch, R & A Clementz, Ronald & Susan Nakata and Puget Power (Puget Sound Energy) (Kitsap County Recording No. 8109250140, September 25,1901); and WHEREAS, the successors to the easement are the City of Bainbridge Island, the Bainbridge Island Saddle club, the Bainbridge Island Park & Recreation District, A. Jentzsch, the Nakatas and Puget Power (Puget Sound Energy); and WHEREAS, an amendment to the easement was approved relocating a portion of the road off Saddle Club property (Kitsap County recording No. 9112230080, December 23,1991); and WHEREAS, the purpose of the easement is generally for construction, use and maintenance of a roadway for access only by the parties and by the public to the park; and WHEREAS, the roadway was constructed by Clementz Construction; and WHEREAS, the roadway was not dedicated to Kitsap County as provided by Section 6, of the easement; and WHEREAS, the road is an easement and not a public road right-of-way; and WHEREAS, the City's Public Works Yard has an improved, paved access onto Hidden Cove Road; and WHEREAS, the Bainbridge Island Park & Recreation District passed a resolution (number 98-15) requesting that the City refrain from developing and using the easement; and WHEREAS, Bainbridge Island Park & Recreation District and the Saddle Club are concerned about the development and use of said easement on Manzanita Park and the equestrian activities of the Saddle Club. NOW, THEREFORE, the City Council of the City of Bainbridge Island, Washington, does resolve and direct as follows: Section 1. The City shall limit its use of the easement to emergency access to its Public Works Yard. Section 2. Public discussion and approval by the City Council will be required before general usage of the easement to access the Public Works Yard is implemented. PASSED by the City Council this 22nd day of August 2001. APPROVED by the Mayor this 23rd day of August 2001. DWIGHT SUTTON, Mayor ATTEST/ AUTHENTICATE: 4dea (P X�� SUSAN P. KASPER, City Clerk FILED WITH THE CITY CLERK: August 16, 2001 PASSED BY THE CITY COUNCIL: August 22, 2001 RESOLUTION NO. 2001-25