Ordinance No. 2024-19 Relating to Exercise of Eminent Domain for 180 Olympic Drive ORDINANCE NO. 2024-19
AN ORDINANCE of the City of Bainbridge Island, Washington,
authorizing and providing for acquisition,including through the exercise of
eminent domain, of land and real property rights for the purpose of
constructing affordable housing; authorizing the City Manager to initiate
eminent domain proceedings and to enter into agreements related to
acquisition of the land and real property rights; specifying the method of
payment for the land and real property rights; providing for severability;
and establishing an effective date.
WHEREAS,pursuant to the City's Housing Needs Assessment adopted February
13, 2023, it was determined that Bainbridge Island's share of rental households has
continued to decrease, while rents and the share of severely cost burdened renters has
continued to increase; and
WHEREAS,pursuant to the Bainbridge Community Foundation State of the
Sector 2023 Community Report, it was determined that employee recruitment and
retention is becoming increasingly challenging for employers due to the lack of
affordable housing and that Bainbridge Island is losing its sense of being a multi-
generational and diverse community, with decreasing young families, young persons, and
low-income households; and
WHEREAS, the City Council has identified affordable housing as a City priority
and is committed to expanding the supply of housing on Bainbridge Island that serves
lower income households,particularly families with children, employees of Bainbridge
Island businesses and public agencies, and seniors who might be displaced from the
community; and
WHEREAS,the City owns real property located at 625 Winslow Way E,
Bainbridge Island, WA 98110, Kitsap County Tax Account No. 262502-3-100-2008
("City Property"); and
WHEREAS, the City Council has conducted an initial design and feasibility
assessment of the use of the City Property to site and construct approximately 100 units
or more of rental housing that will be affordable to households with incomes not
exceeding 60%of Area Median Income("Affordable Housing Project"); and
WHEREAS, the initial design and feasibility assessment has determined that
acquisition of the property located at 180 Olympic Drive SE, Bainbridge Island, WA
98110, Kitsap County Tax Account No. 262502-3-101-2007 (the"Notch Property"),
which is surrounded on three sides by the City Property,would allow for construction of
a more efficient and cost-effective Affordable Housing Project that would better meet the
City's needs for affordable housing and better provide for pedestrian safety and other
public amenities; and
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WHEREAS, based on all available information, including the results of the
design and feasibility assessment, the City Council has determined that it needs to acquire
the Notch Property to construct the Affordable Housing Project; and
WHEREAS, in order to construct the Affordable Housing Project and to provide
affordable housing in the City, the City needs immediate possession and use of the Notch
Property; and
WHEREAS, on July 16, 2024, the City transmitted notice pursuant to RCW
8.25.290 to the taxpayers and owners of record for the Notch Property, as identified
through Kitsap County tax records, of the planned consideration of final action by the
City Council to authorize the exercise of eminent domain to acquire the Notch Property;
and
WHEREAS, notice of such planned final action was published on July 30, 2024,
and August 6, 2024, in the Seattle Times and in the Kitsap Sun pursuant to RCW
8.25.290; and
WHEREAS, the City Council finds and concludes that the public health, safety,
necessity, and convenience demand that the City undertake the Affordable Housing
Project at this time and that, in order to carry out the Affordable Housing Project, it is
necessary for the City to acquire the land and real property rights described in this
Ordinance; and
WHEREAS, the City Council finds and concludes it necessary and in the best
interests of the public that the City acquire the Notch Property, subject to the making or
paying of just compensation to the owners thereof; and
WHEREAS, the City Council intends to pay for the land and real property rights
to be acquired through eminent domain from the general funds of the City.
NOW, THEREFORE,THE CITY COUNCIL OF THE CITY OF
BAINBRIDGE ISLAND, WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. Necessity. The City Council finds and concludes that the land and real
property rights within the City of Bainbridge Island, Kitsap County, Washington, referred
to as the Notch Property and legally described in Exhibit"A" attached hereto, are
necessary and must be acquired for the Affordable Housing Project, subject to making or
paying just compensation to the owners thereof in the matter provided by law.
Section 2. Public Use. The City Council finds and concludes that the use of the
Notch Property for the Affordable Housing Project is a public use. The City specifically
finds and concludes that the acquisition of the Notch Property is necessary for that public
use and is in the best interests of the citizens.
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Section 3. City Manager Authorization. The City Manager, or his designee, is
authorized to take all actions necessary to acquire the Notch Property through the
exercise of eminent domain. The City Manager is also authorized pursuant to this
Ordinance to enter into any agreements needed to acquire the Notch Property, including
by not limited to, agreements to acquire the land and real property rights voluntarily in
lieu of eminent domain, settlement agreements, lease agreements, and relocation
agreements.
Section 4. Payment. The cost and expense of acquiring the land and real property
rights described in this Ordinance shall be paid from general funds of the City.
Section 5. Severability. Should any section, paragraph, sentence, clause, or
phrase of this ordinance, or its application to any person or circumstance, be declared
unconstitutional or otherwise invalid for any reason, or should any portion of this
ordinance be preempted by state or federal law or regulation, such decision or preemption
shall not affect the validity of the remaining portions of this ordinance or its application
to other persons or circumstances.
Section 6. Effective Date. This ordinance shall take effect and be in force five (5)
days from its passage and publication as required by law.
PASSED by the City Council this 13`h day of August,2024.
���•t , lot �'••,�� APPROVED by the Mayor this 131h day of August, 2024.
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Joe eets, Mayor
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ATTEST/AUTHENTICATE:
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PeggyAnne Nimb, Acting City Clerk
FILED WITH THE CITY CLERK: August 8, 2024
PASSED BY THE CITY COUNCIL: August 13, 2024
PUBLISHED: August 18, 2024
EFFECTIVE DATE: August 23, 2024
ORDINANCE NUMBER: 2024-19
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EXHIBIT "A"
LEGAL DESCRIPTION OF NOTCH PROPERTY
That portion of Government Lot 3 in Section 26, Township 25 North, Range 2 East,
W.M.,in Kitsap County,Washington, described as follows:
Commencing at the Northeast corner of said Government Lot 3;
Thence North 89°29120" West,758.52 feet;
Thence South 00130'30" West 30 feet, to the True Point of Beginning;
Thence South 00°30'30" West, 206.53 feet;
Thence North 52°50' West, 74.80 feet;
Thence North 00130'30" East, 161.86 feet;
Thence South 89°29'30" East 60.00 feet to the True Point of Beginning;
EXCEPT therefrom the North 100 feet.
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