91-29 AGREEMENT BETWEEN WINSLOW, SEATTLE YACHT CLUB RELATING TO SPARGUR LP RD ENDRESOLUTION NO. 91-29
A RESOLUTION of the City of Winslow, Washington,
authorizing the Mayor to execute an agreement between
the City of Winslow and the Seattle Yacht Club,
relating to the Spargut Loop Road End, and
authorizing the Mayor to execute a real estate
purchase and sale agreement for property contiguous
to the Spargur Loop Road End.
WHEREAS, the City of Winslow and the Seattle Yacht
Club (Yacht Club) both claim legal ownership of the real
property depicted on E~hibit A attached hereto and made a
part hereof (Road End) which is located east of real property
owned by the Yacht Club (Yacht Club Property), west of a lot
owned by Priscilla Cohen (Cohen Lot), south of the tidelands
of Port Madison and north of the paved portion of Spargur
Loop Road; and
WHEREAS, the Road End is approximately 30 feet along
the bank of Port Madison and the Cohen Lot is approximately
80 feet along the bank of Port Madison; and
WHEREAS, there is no deed evidencing ownership of the
Road End; and
WHEREAS, the City claims ownership of the Road End
through public use and an implied dedication by the property
owner who subdivided the Yacht Club Property and the Cohen
Lot; and
WHEREAS, the Yacht Club claims ownership of the Road
End through adverse possession; and
WHEREAS, a final judgment entered in a quiet title
action will be necessary to resolve the conflicting ownership
claims of the City and the Yacht Club; and
WHEREAS, to avoid the substantial costs of litigation
and to resolve the conflict, the parties desire to enter into
agreements under which (1) the City will purchase all or a
portion of the Cohen Lot, (2) the Yacht Club will contribute
the sum of $150,000.00 or 53.6% of the actual purchase price
of the Cohen Lot, whichever is less, toward the cost of such
purchase, (3) the City will establish the Cohen Lot as a
passive park, with a 13 foot wide natural vegetation buffer
along the western boundary, (4) the Yacht Club will transfer
any interest it may have in the Road End to the City, and (5)
the City will vacate and transfer the Road End to the Yacht
Club; now, therefore,
THE CITY COUNCIL OF THE CITY OF WINSLOW, WASHINGTON,
DOES RESOLVE AS FOLLOWS:
Section 1. The Mayor is authorized to execute the
"Agreement RelaTing to Spargur Loop Road End" attached hereto
and by this reference incorporated herein.
Section 2. The Mayor is authorized to execute the
"Real Estate Purchase and Sale Agreement" attached hereto and
by this reference incorporated herein.
Section 3. Any act consistent with the authority and
prior to the effective date of this resolution is hereby
ratified and confirmed.
1991.
PASSED by the City Council this 21st day of November,
1991.
APPROVED by the Mayor this 21st day of November,
ATTEST/AUTHENTICATE:
RALPH W. EELLS, Finance'~irector
FILED WITH CITY CLERK; 11-13-91
PASSED BY THE CITY COUNCIL: 11-21-91
RESOLUTION NO. 91-29
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EXHIBIT "A"
THE WESTERLY 70 FEET OF LOT A OF KITSAP COUNTY SHORT PLAT NO.
5631 RECORDED UNDER RECORDINGS NOS. 9102270075 AND 9102270076,
DESCRIBED AS FOLLOWS:
THAT PORTION OF GOVERNMENT LOT 4 IN SECTION 34, TOWNSHIP 26 NORTH,
RANGE 2 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION 34; THENCE
NORTH 00'00'20" WEST 1086 FEET TOTHE NORTHERLY RIGHT-OF-WAY OF
"SPARGUR LOOP ROAD NE" AND THE TRUE POINT-OF'BEGINNING; THENCE -.
ALONG SAID RIGHT-OF-WAY, NORTH 89'34'35" EAST 80.00 FEET; THENCE
LEAVING SAID RIGHT-OF-WAY NORTH 0'00'20" WEST 295 FEET, MORE OR
LESS, TO THE GOVERNMENT MEANDER LINE; THENCE ALONG SAID MEANDER
LINE, SOUTH 75'30'00" WEST 83 FEET, MORE OR LESS, TO A POINT ON
THE WEST LINE OF SAID GOVERNMENT LOT 4; THENCE LEAVING SAID
MEANDER LINE, SOUTH 0'00'20" EAST 275 FEET, MORE OR LESS, TO THE
TRUE POINT OF BEGINNING;
TOGETHER WITH SECOND CLASS TIDELANDS AS CONVEYED BY THE STATE OF
WASHINGTON, SITUATE IN FRONT OF, ADJACENT TO OR ABUTTING
THEREON.
· · . END OF EXHIBIT "A" . , .
AGREEMENT RELATING TO SPARGUR LOOP ROAD END
THIS AGREEMENT
of ,
WINSLOW, Wash ington, a
Washington ("City") and SEATTLE YACHT CLUB,
of the State of Washington ("Yacht Club").
RECITALS:
is entered into as of the ]q~ day
1991, by and between the CITY OF
municipal corporation of the State of
A. The City and the Yacht Club both claim legal ownership
of the real property depicted on Exhibit A attached hereto and
made a part hereof (Road End), which is located east of real
property owned by the Yacht Club (Yacht Club Property), west of
a lot owned by Priscilla Cohen
tidelands of Port Madison and north
Spargur Loop Road.
(Cohen Lot), south of the
of the paved portion of
B. The Road End is approximately 30 feet along the bank
of Port Madison, and the Cohen Lot is approximately 80 feet
along the bank of Port Madison.
C. There is no deed evidencing ownership of the Road End.
D. The City claims ownership of the Road End through
public use and through an implied dedication by the property
owner who subdivided the Yacht Club Property and the Cohen Lot.
E. The Yacht Club claims ownership of the Road End by
reason of adverse possession.
F. A final judgment entered in a quiet title action will
be necessary to resolve the conflicting ownership claims of the
City and the Yacht Club.
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cab/1597R 11/25/91
G. To avoid the substantial costs of litigation, the
parties desire to enter into an agreement under which (1) the
City will purchase all or a portion of the Cohen Lot, (2) the
Yacht Club will contribute the sum of $150,000.00 or 53.6% of
the actual purchase price of the Cohen Lot, whichever is less,
toward the cost of such purchase, (3) the City will establish
the Cohen Lot as a passive park as defined by the City, with a
13 foot wide natural vegetation buffer along the western
boundary, (4) the Yacht Club will transfer any interest it may
have in the Road End to the City, and (5) the City will vacate
and transfer the Road End to the Yacht Club.
AGREEMENT
In consideration of the following terms and conditions, the
parties agree as follows:
1. Purchase of Cohen Lot. The City shall use its best
efforts to purchase all or a portion of the Cohen Lot, which is
depicted and legally described on Exhibit B attached hereto and
made a part hereof, for use as a passive park as defined by the
City, subject to the conditions of Paragraph 3 below.
2. Yacht Club Payment. Prior to closing of the purchase
of all or a portion of the Cohen Lot, the Yacht Club shall pay
tO the City the sum of One Hundred Fifty Thousand Dollars
($150,000.00) or 53.6% of
Cohen Lot, whichever is
Paragraph 3 below.
the actual purchase price of the
less, subject to the conditions of
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cab/1597R 11/25/91
3. Conditions to Closing. Closing of the purchase of all
or a portion of the Cohen Lot shall be conditioned on
(a) payment by the Yacht Club of the sum set forth in
Paragraph 2 above, (b) execution by the Yacht Club of a Quit
claim Deed transferring to the City any interest the Yacht Club
may have in the Road End, (c) successful vacation of the Road
End pursuant to RCW 35.79.035(1)(c), and (d) following vacation
of the Road End, execution by the City of a Quit Claim Deed
transferring to the Yacht Club any interest the City may have
in the Road End and the adjacent tidelands.
After closing of the purchase by the City of all or a
portion of the Cohen Lot, the City shall establish a 13 foot
wide natural vegetation buffer along the western boundary of
the property purchased. The buffer shall be eliminated or
reduced in size only upon mutual agreement of the Yacht Club,
or its successors in interest, and the City.
4. Recordation; Bindinq on
shall be recorded by the City with
and shall be binding upon the
Successors.
the Kitsap
assigns and
This Agreement
County Auditor
successors in
Agreement
the Quit
interest of the parties. The cost of recording this
shall be paid by the City, and the cost of recording
Claim Deeds shall be paid by the respective grantees.
5. Termination of Agreement. In the event all of the
contingencies set forth in Paragraphs 3 of this Agreement have
not been satisfied or waived on or before December 31, 1991,
this Agreement shall become null and void and neither party
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cab/1597R 11/25/91
shall have
Agreement.
any
further rights or obligations pursuant to this
TY OF WINS~~
~ato, Mayor
STATE OF WASHINGTON )
) SS.
COUNTY OF KING )
I certify
me, and said
instrument, on
execute the
i . . -
that I know or have satisfactory evidence
~/~u~'~ is the person who appeared before
person acknowledged that he/she signed this
oath stated that he/she was authorized to
instrument and acknowledged it as the
of SEATTLE YACHT CLUB to be the free and
My Appointment Expires ~-I--~"~V
STATE OF WASHINGTON )
)
COUNTY OF KING )
SS.
I certify that I know or have satisfactory evidence that
SAM J. GRANATO 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 Mayor of THE CITY OF WINSLOW, a
municipal corporation, to be the free and voluntary act of such
municipal corporation for the uses and purposes mentioned in
/ for the tate
cab/1597E ~/25/9~