RES 2006-19 T'CHOOKWAP PARKRESOLUTION NO. 2006-19
A RESOLUTION OF THE CITY OF BAINBRIDGE ISLAND DECLARING
CERTAIN REAL PROPERTY COMMONLY KNOWN AS T'CHOOKWAP
PARK TO BE SURPLUS TO THE NEEDS OF THE CITY OF
BAINBRIDGE ISLAND, AND AUTHORIZING THE TRANSFER OF SAID
SURPLUS PROPERTY TO BAINBRIDGE ISLAND METROPOLITAN
PARK AND RECREATION DISTRICT FOR USE AS A PUBLIC PARK.
WHEREAS, during 1991 the City of Bainbridge Island ("City") and the Seattle Yacht Club were
involved in a dispute over the ownership of the Spargur Loop Road End; and
WHEREAS, in lieu of litigating the Spargur Loop Road End ownership issue, the City and the
Seattle Yacht Club entered an "Agreement Relating to Spargur Loop Road" (the Agreement); and
WHEREAS, pursuant to the Agreement, the City eventually vacated the Spargur Loop Road
End; and
WHEREAS, as part of the Agreement, the Seattle Yacht Club contributed $150,000 to the City
for the purchase of certain real property commonly known as the "Cohen Lot" to be used as passive park;
and
WHEREAS, on December 31, 1991, the City of Bainbridge Island purchased the "Cohen Lot"
for $257,000; and has been continuously used by the City as a passive park known as "T'Chookwap
Park"; and
WHEREAS, said property is surplus to the needs of the City, and the Bainbridge Island
Metropolitan Park and Recreation District has expressed a willingness to accept ownership of the
property; and
WHEREAS, upon transfer of ownership, it is understood that the District will maintain and
utilize T'Chookwap Park as a passive public park in perpetuity, including the assumption of the costs of
maintenance, operations and improvement of the property (thereby saving the City these expenses); and
WHEREAS, pursuant to Chapter 39,33 RCW the City has conducted a public hearing regarding
the proposed transfer of said property to the District; and
WHEREAS, the City Council finds that it is in the best interest of the City of Bainbridge Island
to declare said property surplus and authorize its transfer to the Bainbridge Island Metropolitan Park and
Recreation District, now, therefore,
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON,
DOES RESOLVE AS FOLLOWS:
1. That real property owned by the City of Bainbridge Island commonly known as T'Chookwap
Park, and legally described on attached and incorporated Exhibit A, is hereby declared surplus to
the needs of the City of Bainbridge Island.
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2. That it is in the best interest of the citizens of Bainbridge Island to transfer said surplus property
to the Bainbridge Island Metropolitan Park and Recreation District to be used and maintained as a
passive public park in perpetuity.
3. That the transfer of the property shall be conditioned upon the District's use and maintenance of
the Properties for public -park purposes.
4. That the transfer of the City's interest in said property shall include a further condition that the
property, or any portion thereof, shall not be sold, transferred or conveyed without the prior
consent of the City.
5. That the transfer of the property to the District shall include a "right of reverter" to the City,
whereby if the District fails to satisfy any of the conditions of the transfer with respect to the
property, the title to said property shall revert back to the City.
6. That the transfer of the property to the District shall also be contingent upon the transfer
undergoing environmental review in accordance with the State Environmental Policy Act and the
expiration of the SEPA appeal period.
7. That the Mayor is hereby authorized to take all necessary and appropriate steps to transfer of said
property in accordance with applicable federal, state, and local law, including execution of all
documents required to carry out the transfer.
8. The City is directed to respectively request that the Parks Department start with the conditions
recommended by the neighborhood, as their consensus, as the starting point for drawing up its
stewardship plan for T'Chookwap as a passive park in perpetuity.
PASSED by the City Council this 10th day of May, 2006.
APPROVED by the Mayor this 11`x' day of May, 2006.
DARLENE KORDONOWY, Mayor
ATTEST/AUTHENTICATE:
ROSALIND D. LASSOFF, Deputy City Clerk
FILED WITH THE CITY CLERK: May 4, 2006
PASSED BY THE CITY COUNCIL: May 10, 2006
RESOLUTION NO. 2006-19
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Exhibit A
T'Chookwap Legal Description
Parcel Number: 342602-4-045-2003
Acreage: 0.34
THE WESTERLY 70 FEET OF THE FOLLOWING DESCRIBED TRACT: LOTA SHORT PLAT NO 5631
RECORDED UNDER AUDITORS FILE NO9102270075 VOLUME 6 PAGE 124 DESCRIBED AS FOLLOWS:
THATPORTION OF GOVERNMENT LOT 4 SECTION 34, TOWNSHIP 26 NORTHRANGE 2 EAST, W.M.,
KITSAP COUNTY, WASHINGTON, DESCRIBED ASFOLLOWS: BEGINNING AT THE SOUTH QUARTER
CORNER OF SAIDSECTION 34; THENCE N00*00'20 WEST 1086 FEET TO THENORTHERLY RIGHT-OF-
WAY OF SPARGUR LOOP ROAD NE AND THETRUE POINT OF BEGINNING; THENCE ALONG SAID
RIGHT-OF-WAY,N89*34'35 EAST 80.00 FEET; THENCE LEAVING SAIDRIGHT-OF-WAY N00*00'20
WEST 295 FEET. ,MORE OR LESS TO THEGOVERNMENT MEANDER LINE; THENCE ALONG SAID
MEANDER LINE,S75*30'00 W 83 FEET, MORE OR LESS TO A POINT ON THE WESTLINE OF SAID
GOVERNMENT LOT 4; THENCE LEAVING SAID MEANDERLINE, SOUTH 00*00'20 EAST 275 FEET,
MORE OR LESS, TO TRUEPOINT OF BEGINNING. TOGETHER WITH SECOND CLASS TIDELANDS
ASCONVEYED BY THE STATE OF WASHINGTON, SITUATE IN FRONT OF, ADJACENT TO OR
ABUTTING THEREON. SUBJECT TO AND TOGETHERWITH EASEMENTS AND RESTRICTIONS OF
RECORD.
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