RES 2003-38 SOUTH ISLAND SEWER LID 20 INTENTION TO ORDER IMPROVMENTSCITY OF BAINBRIDGE ISLAND, WASHINGTON
RESOLUTION NO. 2003-38
A RESOLUTION of the City Council of the City of
Bainbridge Island, Washington, declaring its intention to order
the improvement of four neighborhoods and an elementary
school site within the City by the construction, and connection
of sanitary sewer facilities and to create a local improvement
district, to be known as Local Improvement District No. 20, or
the South Island Sewer LID, to assess a part of the cost and
expense of carrying out those improvements against the
properties specially benefited thereby, and notifying all persons
who desire to object to or speak in support of the improvements
to appear and state their objections or support at a hearing
before the City Council to be held on October 6, 2003.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAINBRIDGE
ISLAND, WASHINGTON, as follows:
Section 1. It is the intention of the City Council of the City of Bainbridge Island,
Washington, to order the improvement of the properties within the areas described in Exhibit A,
attached hereto and by this reference made a part hereof, by the acquisition, construction and
connection of sanitary sewer facilities as generally described in Exhibit B, attached hereto and by
this reference made a part hereof. A part of the improvements already has been installed
pursuant to contract under Chapter 35.91 RCW.
The noncontiguous improvements are intended to be installed or constructed in or to
serve five separate geographical areas or units, comprising a single local improvement district
(`LID") to be created pursuant to RCW 35.43.050, known collectively as the South Island Sewer
LID, and individually as:
Emerald Heights Neighborhood
Pleasant Beach North Neighborhood
Point White Neighborhood
Rockaway Beach Neighborhood
Blakely Elementary School
The City Council has not yet ascertained whether assessments within the LID will be determined
on the basis of the special benefit of the improvements as a whole to the properties within the
entire local improvement district, or on the basis of the benefit of each unit of the improvements
as to the properties specially benefited by that unit, or by a combination of the two bases. The
City Council declares its intention to use any method or combination of methods to determine
assessments which may be deemed to most fairly reflect the special benefits to the properties
being assessed.
All of the foregoing improvements shall be in accordance with the plans and
specifications therefor prepared by the consulting engineers of the City and may be modified by
the City as long as that modification does not affect the general purpose of the improvements.
Section 2. The total estimated cost and expense of the improvements is declared to be
$5,400.000 and approximately $151,840 of that cost and expense shall be paid by the City and
the balance thereof shall be home by and assessed against the property specially benefited by the
improvements to be included in a local improvement district to be established embracing as
nearly as practicable all the property specially benefited by the improvements. Actual
assessments may vary from estimated assessments as long as they do not exceed a figure equal to
the increased true and fair value the improvements add to the property.
-2-
Section 3. The City Clerk is authorized and directed to give notice of the adoption of this
resolution and of the date, time and place fixed for the public hearing to each owner or reputed
owner of any lot, tract, parcel of land or other property within the proposed local improvement
district by mailing such notice at least fifteen days before the date fixed for public hearing to the
owner or reputed owner of the property as shown on the rolls of the Kitsap County Assessor at
the address shown thereon, as required by law. The City Clerk also is authorized and directed to
give notice of the adoption of this resolution and of the date, time and place fixed for the public
hearing to each owner or reputed owner of any lot, tract, parcel of land or other property outside
of the proposed local improvement district that is required by the Federal Housing
Administration as a condition of loan qualification to be connected to the proposed
improvements, by mailing such notice at least fifteen days before the date fixed for the public
hearing to the owner or reputed owner of the property as shown on the rolls of the County
Assessor at the address shown thereon, as required by law.
This resolution also shall be published in its entirety in at least two consecutive issues of
the official newspaper of the City, the date of the first publication to be at least fifteen days prior
to the date fixed for the public hearing.
Section 4. All persons who may desire to object or to support the improvements arc
notified to appear and present those objections or state their support at a hearing before the City
Council to be held in the Council Chambers located in City Hall at 280 Madison Avenue North
in the City of Bainbridge Island, Washington, at 7:00 p.m. on October 6, 2003, which time and
place are fixed for hearing all matters relating to the improvements and all objections thereto and
for determining the method of payment for the improvements. All persons who may desire to
object thereto, or speak in support thereof, should appear and state their objections or support at
-3-
that hearing. Any person who may desire to file a written protest with the City Council may do
so within 30 days after the date of passage of the ordinance ordering the improvements in the
event the local improvement district is formed. The written protest should be signed by the
property owner and should include the legal description of the property for which the protest is
filed and that protest should be delivered to the City Clerk.
Section 5. The firm of Berryman & Henigar, the City's consulting engineers, is directed
to submit to the City Council on or prior to October 6, 2003, all data and information required by
law to be submitted.
The foregoing resolution was ADOPTED by the City Council of the City of Bainbridge
Island, Washington, at a regular open public meeting thereof this 13`h day of August, 2003.
1
Mayor
ATTEST:
/L
C ty Clerk
FORM APPROVED:
City Attorney
FILED WITH THE CITY CLERK: August 13, 2003
PASSED BY THE CITY COUNCIL: August 13, 2003
PUBLISHED: September 17 & 24, 2003
RESOLUTION NO.: 2003-38
City of Bainbridge Island
Resolution to Form South Island
Sewer LID
August 13, 2003
EXHIBIT A
Legal Description of Areas in LID and
Map Delineating Areas
EMERALD HEIGHTS NEIGHBORHOOD BOUNDARY
Beginning at the Northeast corner of lot 1, Division 1 Volume 1 I of Plats, Page 60; thence along the north
line of said Division I to the Northeast comer of Division 2, Volume 17 of Plats, Page 21; thence along the
North line of said Division 2 to the Northeast comer of Division 4, Volume 26 of Plats, Page 10; thence
along the north line of said Division 4 to the Northwest comer of lot 1, said Division 4; thence along the
west line of said lot 1, Division 4, South 00° 10' 17" West, 262.99 feet to the northerly right-of-way line of
Diamond Drive Northeast ; thence southeasterly along said right-of-way through a curve having a radius of
192.11 feet an arc length of 135.91 feet to a point common to the boundary of said Division 4 and Division
3, Volume 23 of'Plats, Page 130; thence South 38° 27' 00" West, 60 feet to the southerly right-of-way of
said Diamond Drive; thence southeasterly along said right-of-way through a curve having a radius of
858.14 feet, an arc length of 107.00 feet to the comer common to lots 3 and 4, said Division 3; thence
southwesterly along the boundary of said lots 3 an 4 to the corner common to lots 2, 3 and 4, said Division
3; thence along the boundary of lots 2 and I, said Division 3 to the corner common to lot 1, said Division 3
and lot 8, said Division 2; thence southeasterly along the boundary of said lot 8 and lot 7, said Division 2
for 205.80 feet to an angle point in the westerly line of said lot 7, said Division 2; thence southeasterly
66.98 feet to a point on the southerly right-of-way line of Emerald Way, being the Northwest corner of lot
6, said Division 2; thence, as depicted on that certain survey recorded in Volume 24 of Surveys at Page 10,
Records of Kitsap County, recorded under Auditor's File Number 8601140079, southerly along said right-
of-way an arc -length of 118.76 feet; thence South 830 43'47" East , radially, 121.70 feet; thence North 070
42' 02" East, 50.00 feet; thence along the south boundary of said Division 2, North 830 28' 33" East, 211.34
feet; thence South 06° 31' 27" East, 246.64 feet; thence North 770 46' 00" East, 90.45 feet; thence South
060 31' 27" East, 41.70 feet; thence North 710 28'33" East, 97.26 feet to the westerly right-of-way of the
Lynwood Center Road; thence northerly along the westerly right-of-way of said Lynwood Center road to
the point of beginning.
PLEASANT BEACH NORTH NEIGHBORHOOD BOUNDARY
PARCELI
That Portion of the South 60 Feet of Government Lot 5, Section 4, Township 24 North, Range 2 East,
Willamette Meridian, Kitsap County, Washington lying West of Pleasant Beach Road.
PARCEL II
Lots 12 and 13, Block 3, Plat of Pleasant Beach Tracts, Book 4 of Plats, Page 20, Records of Kitsap
County.
PARCEL III
Lots I through 17, inclusive, Block 5, Plat of Pleasant Beach Tracts, Book 4 of Plats, Page 20, Records of
Kitsap County.
PARCELIV
Lots 1 through 12, inclusive, Block 4, Plat of Pleasant Beach Tracts, Book 4 of Plats, Page 20, Records of
Kitsap County.
Exhibit A, Page 1 of 5
City of Bainbridge Island
Resolution to Form South Island
Sewer LID
August 13, 2003
EXHIBIT A
Legal Description of Areas in LID and
Map Delineating Areas
POINT WHITE NEIGHBORHOOD BOUNDARY
PARCELI
All that portion of Government Lot 1,2 and 3, Section 4, Township 24 North, Range 2 East, Willamette
Meridian, Kitsap County, Washington, lying southerly and easterly of the centerline of Point White Drive.
PARCEL II
All of Government Lot 7, Section 9, Township 24 North, Range 2 East, Willamette Meridian, Kitsap
County, Washington.
PARCEL III
That portion of Government Lot 3, Section 8, Township 24 North, Range 2 East, Willamette Meridian,
Kitsap County, Washington, lying southerly and easterly of the centerline of Point White Drive and easterly
of the following described line, as it is depicted on page 9 of 9 pages, City of Bainbridge Island Boundary
Line Adjustment, filed under Auditor's File Number 200105250041, Records of Kitsap County:
Commencing at the section comer common to sections 4,5, 8 and 9, Township 24 North, Range 2 East,
Willamette Meridian, Kitsap County, Washington; thence along the line between sections 5 and 8, North
880 24' 18" West 844.0 feet to the POINT OF BEGINNING of this described line; thence along the West
line of the East 844 feet of said Government Lot 3, South 01 ° 25' 27" West to the line of extreme low tide
and the TERMINUS OF THIS DESCRIBED LINE.
ROCKAWAY BEACH NEIGHBORHOOD BOUNDARY
PARCELI
That portion of the following subdivisions lying easterly of the Rockaway Beach Road:
The South 750 feet of Government Lot 1 section 36 Township 25 North, Range 2 East, Willamette
Meridian, Kitsap County, Washington;
Government Lot 2, section 36 Township 25 North, Range 2 East, Willamette Meridian, Kitsap County,
Washington;
The southeast quarter of the southeast quarter of Section 35, Township 25 North, Range 2 East, Willamette
Meridian, Kitsap County, Washington;
Government Lot I and Government Lot 2, Section 1, Township 24 North, Range 2 East, Willamette
Meridian, Kitsap County, Washington;
Government Lot 3, Section 1, Township 24 North, Range 2 East, Willamette Meridian, Kitsap County,
Washington, except that portion lying south of the following described line:
Exhibit A, Page 2 of 5
City of Bainbridge Island
Resolution to Form South Island
Sewer LID
August 13, 2003
EXHIBIT A
Legal Description of Areas in LID and
Map Delineating Areas
Beginning at the Southwesterly corner of Lot 54 of the Plat of Blakely Beach Addition No. I, Volume 7 of
Plats, pages 51, 52 and 53, Records of Kitsap County, Washington; thence along the south boundary of said
Lot 54 and of said Plat of Blakely Beach, South 87° 23' 57" East for a distance of 110 feet; thence South 20
36' 03" West for a distance of 10.00 feet; thence South 870 23' 57" East for a distance of 130 feet; thence
North 20 36' 03" East for a distance of 10.00 feet; thence South 87° 23' 57" East for a distance of 71.84
feet; thence South 2° 36'03" West for a distance of 28.89 feet; thence North 86° 02' 52" East for a distance
of 209.34 feet; thence South 87° 23' 57" East to the line of extreme low tide and the terminus of this
described line.
PARCEL II
All those tracts of land lying between Rockaway Beach Road and the following described line:
Commencing at the closing comer for sections I and 2, Township 24 North, Range 2 East, Willamette
Meridian, Kitsap County, Washington; thence along the line between said sections 1 and 2, South 0°49'57"
West, 2150.11 feet; thence South 87°23'20" East, 294.14 feet to the westerly right-of-way line of
Rockaway Beach Road and the point of beginning of this described line; thence North 87°23'20" West,
41.47 feet; thence South 2°33'39" West, 59.98 feet; thence South 8044'05" East, 122.35 feet; thence South
15°07'38" East, 62.97 feet; thence South 32°26'20" East, 73.27 feet; thence South 27041'49" East, 69.47
feet; thence South 6018124" East, 60.71 feet; thence South 87°23'20" East, 88.54 feet; thence South
17°57'27" East, 45.33 feet; thence South 87°56'52" West, 98.76 feet; thence South 24°31'42" East, 79.96
feet; thence North 87°58'53" East, 89.26 feet to the Westerly right-of-way line of Rockaway Beach Road
and the terminus of this described line.
PARCEL III
All those tracts of land lying between Rockaway Beach Road and the following described line
Commencing at the closing comer for sections 1 and 2, Township 24 North, Range 2 East, Willamette
Meridian, Kitsap County, Washington; thence along the line between said sections 1 and 2, South 0°49'57"
West, 589.90 feet; thence South 87°23'20" East, 296.89 feet to the westerly right-of-way line of Rockaway
Beach Road and the point of beginning of this described line; thence North 87°23'20" West, 88.26 feet;
thence South 12°59'44" West, 60.98 feet; thence South 35°08'15" East, 75.86 feet; thence South 18020'23"
East, 64.18 feet; thence South 5'16'40" West, 120.13 feet; thence South 87023'20" East, 82.96 feet to the
Westerly right-of-way line of Rockaway Beach Road and the terminus of this described line.
PARCEL IV
Commencing at the closing comer for sections 1 and 2, Township 24 North, Range 2 East, Willamette
Meridian, Kitsap County, Washington; thence along the North line of said section 1 South 88°49'11" East,
308.21 feet to the POINT OF BEGINNING ; thence South 2°36'40" West, 177.46 feet; thence South
87°23'20" East, 51.35 feet to the to the westerly right-of-way line of Rockaway Beach Road; thence along
said westerly right-of-way line North 8°45'37" East, 84.10 feet; thence North 4011'35" West, 95.75 feet;
thence leaving said westerly right-of-way line, North 88°49'11" West, 49.03 feet to the POINT OF
BEGINNING.
PARCEL V
All those tracts of land lying between Rockaway Beach Road and the following described line:
Exhibit A, Page 3 of 5
City of Bainbridge Island
Resolution to Form South Island
Sewer LID
August 13, 2003
EXHIBIT A
Legal Description of Areas in LID and
Map Delineating Areas
Commencing at the standard comer for Sections 35 and 36, Township 25 North, Range 2 East, Willamette
Meridian, Kitsap County, Washington; thence along the South line of said Section 35, North 88°49'11"
West, 154.84 feet; thence North 4°2842" East, 185.30 feet; thence South 88'49'11 " East, 100.00 feet to the
West right-of-way line of Rockaway Beach Road and the terminus of this described line.
PARCEL VI
All of lots 4, 5, and 6 and the northerly 120 feet of lot 3, lying Westerly of Rockaway Beach Road, Plat of
Shorewood, a portion of Bainbridge Beach; filed and recorded on the 2nd day of October, 1906 at 15
minutes past 4 o'clock, PM, records of Kitsap County, Washington.
BLAKELY ELEMENTARY SCHOOL SERVICE BOUNDARY
Those portions of the North Half of the Northwest Quarter, Section 3, Township 24 North, Range 2 East,
W.M., in Kitsap County, Washington, described as follows:
Beginning at the Northeast corner of the Northwest Quarter of said Section 3; Thence South Along the
Easterly line of said Northwest Quarter, 331.8 feet; Thence West 834 feet to the Easterly line of Port
Blakely -Agate Pass Highway; Thence Northwesterly along the East line of said State Highway, 340.17 feet
to the North line of said Section 3; Thence Easterly along said North line, 907.5 feet to the Point of
Beginning;
Also beginning at the Northeast comer of the Northwest Quarter of said Section 3; Thence South along the
Easterly line of said Northwest Quarter, 331.8 feet to the True Point of Beginning; Thence South 331.8 feet
along the Easterly line of said Northwest Quarter to the Northeast comer of a Tract conveyed to August
Larson by Deed recorded under Auditor's File No. 218831 (Vol. 186, Page 368); Thence West along the
North line of said Larson Tract, 760.6 feet to the Easterly line of Port Blakely -Agate Pass Highway; Thence
Northwesterly along the East line of said State Highway, 340.17 feet; Thence East 834 feet to the True
Point of Beginning.
Exhibit A, Page 4 of 5
H
a
W
City of Bainbridge Island
Resolution to Form South Island
Sewer LID
August 13, 2003
EXHIBIT B
Description of Improvements
EMERALD HEIGHTS NEIGHBORHOOD
On
From To
Description
Description
Emerald Heights Nei
hborhood Right of Wa
Pleasant Beach North Neighborhood Right
Lynwood Center Road
500' north of Point 3030' north
White Drive NE
3030 LF of sewer
NE Emerald Way
Diamond Place NE 265' east
265 LF of sewer
Diamond Place NE
NE Emerald Way 715' northwest
715 LF of sewer
NE Pearl Court
Diamond Place NE 175' west
175 LF of sewer
Rubv Place NE
Diamond Place NE 580' northeast
580 LF of sewer
3010' south/southeast of
Point White Drive NE
Approximately 34
individual sewage
grinder pump stations
and discharge lines
Emerald Hei lits Nei
hborhood Easements
Easement 260' south of
NE Emerald Way
Lynwood Center Road
370' west
370 LF of sewer
Easement 400' west of
-Lynwood Center Road
NE Emerald Way
180' south
180 LF of sewer
Easements on residential
lots adjacent to:
NE Emerald Way
Diamond Place NE
NE Pearl Court
Ruby Place NE
On Lynnwood Center Road fronting Emerald.
Heights; On NE Emerald Way, On Ruby Place NE,
On NE Pearl Court and on Diamond Place NE from
NE Emerald Way to 800' Southwest
Approximately 43
individual sewage
grinder pump stations
and discharge lines
PLEASANT BEACH NORTH NEIGHBORHOOD
On
FromTo
To Description
Description
Point White Neighbor ood Right of Way
Point White Drive NE
Pleasant Beach North Neighborhood Right
of Way
Point White Drive NE
Pleasant Beach Drive
NE
330' south of Point
White Drive NE
2680' south/southeast
2680 LF of 3" sewer
Point White Neighborhood Easements
Easements on residential
lots adjacent to Point
White Drive NE
1700' west/southwest of
Lynwood Center Road
Pleasant Beach North Neighborhood Easements
Easements on residential
lots adjacent to Pleasant
Beach Drive NE
480' south of Point
White Drive NE
3010' south/southeast of
Point White Drive NE
Approximately 34
individual sewage
grinder pump stations
and discharge lines
POINT WHITE NEIGHBORHOOD
On
From
To Description
Point White Neighbor ood Right of Way
Point White Drive NE
250' west of Lynwood
Center Road
360' west 360 LF of 8" sewer
Point White Drive NE
600' west of Lynwood
Center Road
7250' -west/southwest 7250 LF of 3" sewer
Point White Neighborhood Easements
Easements on residential
lots adjacent to Point
White Drive NE
1700' west/southwest of
Lynwood Center Road
7850' west/southwest of Approximately 61
Lynwood Center Road individual sewage
grinder pump stations
and dischar a lines
Exhibit B, Page I of
City of Bainbridge Island
Resolution to Form South Island
Sewer LID
August 13, 2003
EXHIBIT B
Description of Improvements
ROCKAWAY BEACH
On
From
To
Description
Improvement* previousl installed and shown to comply with 35.91 RCW
Easement south of and
Rockaway Beach Nei hborhood Right of Way
150' west of Lynwood
Rockaway Beach Road 550' south of Creosote 6050' south of Creosote
NE Place NE Place NE
5500 LF of 3" sewer
NE Halls Hill Road Blakel Hill Road NE 3700' east
3700 LF of 3" sewer
NE BlakelyAvenue NE Count Cfub Road Blakely Hill Road NE
1730 LF of 3" sewer
Blakely Elementary School Service Easements
Rockaway Beach Nei hborhood Easements
Intersection of Blakely
Avenue NE and NE
Baker Hill Road
Easements on residential
lots adjacent to
Rockaway Beach Road
NE
550' south of Creosote
Place NE
6050' south of Creosote
Place NE
Approximately 81
individual sewage
grinder pump stations
and discharge lines
Easement on private
property north of and
adjacent to NE Halls
Hill Road
3680' east of Blakely
Hill Road NE
3700' east of Blakely
Hill Road NE
Sewage pump station
BLAKELY ELEMENTARY SCHOOL
On
1 From
To
Description
Improvement* previousl installed and shown to comply with 35.91 RCW
Easement south of and
Blakely Elementary School Service Ri ht of Wa
150' west of Lynwood
NE Baker Hill Road L wood Center Road
Blakel Avenue NE
2450 LF of 8" sewer
Center Road
Station (existing sewage
Drive NE
Blakely Elementary School Service Easements
Private school property
Intersection of Blakely
Avenue NE and NE
Baker Hill Road
Southeast to existing
building sewer
725 LF of 8" sewer
IMPROVEMENTS PREVIOUSLY INSTALLED (LYNWOOD CENTER)
On
From
To Description
Improvement* previousl installed and shown to comply with 35.91 RCW
Easement south of and
180' west of Lynwood
150' west of Lynwood
Lynwood Center Pump
adjacent to Point White
Center Road
Center Road
Station (existing sewage
Drive NE
pump station
Point White Drive NE
Lynwood Center Road
170' west of Lynwood
180 LF of 6" sewer
Center Road
Pleasant Beach Drive
Point White Drive NE
NE Oddfellows Road
3600 LF of 6" sewer
NE
NE Oddfellows Road
Pleasant Beach Drive
Blakely Avenue NE
2900 LF of 6" sewer
NE
Blakely Avenue NE
NE Oddfellows Road
NE Country Club Road
1900 LF of 6" sewer
NE Country Club Road
Blakely Avenue NE
Fort Ward Hill Road NE
1100 LF of 6" sewer
Fort Ward Hill Road NE
NE Country Club Road
2200' southwest
2200 LF of 6" sewer
Kitsap County Sewer
2200' southwest of NE
Existing sewage
290 LF of 6" sewer, 26
District 47 Fort Ward
Country Club Road
treatment plant
LF of 8" sewer, 230 LF
Treatment Facility, west
of 12" sewer
of and adjacent to Fort
Ward Hill Road NE
Exhibit B, Page 2 of 2
CERTIFICATION
I, the undersigned, City Clerk of the City of Bainbridge Island, Washington (the "City"),
hereby certify as follows:
1. The attached copy of Resolution No. 2003-38, the ("Resolution") is a full, true
and correct copy of the Resolution duly adopted at a regular meeting of the City held at the
regular meeting place thereof on August 13, 2003, as the Resolution appears on the minute book
of the District, and the Resolution is now in full force and effect.
2. A quorum of the members of the City Council was present throughout the
meeting and a majority of those membdrs present voted in the proper manner for the adoption of
the Resolution.
IN WITNESS WHEREOF, I have hereunto set my hand this 13th day of August, 2003.
SUSAN P. KASPER
City Clerk