Loading...
ORD 95-10 BI WATER RESERVOIR SITEORDINANCE NO. 95-i0 AN ORDINANCE of the City of Bainbridge Island, Washington declaring the Bainbridge Island Water Reservoir Site - Tax Lot No. 4101-003-006-0008 as surplus to the City's needs. WHEREAS, the City of Bainbridge Island recently demolished and removed a water reservoir from Tax Lot #4101-003-006-0008, as shown on Exhibit A, and WHEREAS, the City has an ingress/egress easement to said site (Exhibit B), also surplus to the City's needs WHEREAS, the property is in an area zoned R-8 (eight residential units per acre), and WHEREAS, the City has had an appraisal of the property for sale subsequent to the declaration of surplus to the City's needs, and WHEREAS, by Resolution No.95-13, approved on April 6, 1995, the City Council held a Public Hearing at 7:00 PM on May 4, 1995 to receive comments relative to declaring the property as surplus to the City's needs for subsequent disposal. THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Tax Lot No. 4101-003-006-0008 and the ten (10) foot ingress/egress easement is hereby declared surplus to the City's needs. Section 2. This Ordinance shall be effective five (5) days from and after it's passage, approval, publication, and posting as required by law. PASSED by the City Council this 4~h day of l~Iay , 1995. APPROVED by the Mayor this 21stday of June , 1995. Janet K. West, Mayor ATTEST/AUTHENTICATE: Su~r, ~ Clerk/~vk'fl'/ APPROVED AS TO FORM: Rod P. Kaseguma, City Attorney FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLICATION: EFFECTIVE DATE: ORDINANCE NO. 95-10 fde,- wab\work\O95-10.tnk 04-25-95 March 15, 1995 William Bryan Director of Public Works City of Bainbridge Island 625 Winslow Way East Bainbridge Island, WA 98110 RECEI\/EO2 MAR 16 ~995 PUBLIC WOF,.: RE: City of Bainbridge Island Water Tower Site, Bahbridge Island, Washington Dear Mr. Bryan: This letter supplements my appraisal of January 12, 1995, on the above-referenced property. Pursuant to the Washington Administrative Code, Chapter 35.79, concerning Streets- Vacation, and further elaborated in the City of Bahbridge Island's Municipal Code, Chapter 12.34, amended by Ordinance No. 94-32, the parcel to be vacated must be offered to the abutting property owners. Under the terms of the ordinance, they are to pay one-half of the appraised value of the area to be vacated and any costs associated with the physical' closure of the road and any repairs required in thi.~ process. If the area to be vacated, however, was acquired at public expense, the abutting owners must pay the full appraised value. My appraisal estimated two values: 1) the value to the abutting property owners on the west and east, and 2) the value on the open market to a member of the general public. My analysis of the first value found that only the ownerships of the parcels abutting the subject parcel on the west and east would benefit from acquiring the entire property to be vacated. Indeed, the abutting property owner to the north would have little if no incentive to acquire the subject, since its acquisition does not enhance his potential density nor does it provide significant side yard. The second value is predicated on the notion that a breed of sbeculators exists in the marketplace that acquire property for the sake of acquiring it, and not for any particular purpose. Their idea is to hold the property until there is a market for it, at which time the speculator may realize a. significant return on his original investment. After reading the appropriate city ordinances, I am persuaded that the first value is the appropriate value for your purposes, and I assume that the abuuing owners on the east and west have been notified by the city about is intention to sell the surplus property. Consequently, under the tenns of the ordinance, the full Market Value of the property to be vacated must be allocated to each of the abutting property owners from which the parcel ostensibly originated. I assume the parcel was acquired with public funds, since according to the recorded plat of Chatham Hill (Vol. 8, Page 41), records of Kitsap County, no c~ Richard< ssociates dedication of the water tower site is made. Therefore, the Market Value of the surplus water tower site is allocated as follows: $13,000 + 2 = $6,500 to each abutting ownership In conclusion, owners of the abutting properties (0124210 and 005-00) are each responsible for $6,500 to successfully conclude the sale of the surplus water tower site as spelled out in the municipal ordinance. I would also like to bring to your attention the attached Quit Claim Deed which I discovered while digging through a rifle company's records. It appears that the city does have an easement across the north 10' of Lot 12 for ingress and egress and for laying a pipeline. Although this document gives the subject parcel a legal access, it does not change my analysis of the subject's highest and best use. If you should need further clarification regarding this appraisal or have any additional question, please contact me at your earliest convenience. Sincerely, J. Randolph Mosher, MAI g~ NO IiVD O~ H~n~I DOJ. OI-~ /~N I ~N _TA V A d O cW 9 2~ V 771A07 Quit Claim Deed Tax GRAMTOW. RC~L~LD 3. ~ ~ for roc~G ~ KI~ ~, ~?~ ~ ~e