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RES 2005-26 TRANSFER OF SPARGUR PROPERTYResolution 2005-26 Spargur Property Transfer to BIPRD July 13, 2005 RESOLUTION NO. 2005-26 A RESOLUTION of the City of Bainbridge Island, Washington, authorizing the Mayor to negotiate the transfer of the "Spargur Property" to the Bainbridge Island Metropolitan Park and Recreation District and to enter into appropriate agreement(s) with the District affecting such transfer(s). WHEREAS, in 2001, the voters of the City passed a bond measure (Ordinance # 2001-36) funding the City's purchase of "open space" properties (as defined in said measure) and establishing the criteria and process for such purchases; and WHEREAS, in accordance with the requirements of the open space bond measure, the Mayor appointed an Open Space Commission to identify open space properties available for purchase and to provide recommendations to the City Council relating to the acquisition of open space properties that best meet the criteria established by the open space bond measure; and WHEREAS, since the passage of the open space bond measure the City Council has purchased several open space properties pursuant to said measure, including, but not limited to the property commonly called the "Spargur Property" (the "Property"); and WHEREAS, as a result of its purchases, the City will be the fee owner of the Property; and WHEREAS, the City has collaborated with the Bainbridge Island Metropolitan Park and Recreation District (the "District") in considering and planning for the development, maintenance and operation of the Property pursuant to the criteria established by the open space bond measure; and WHEREAS, the City and District staffs have opined that the District is in the best position to develop, maintain and operate the Property for their intended use as open space and/or passive parks and in accordance with the criteria established by the open space bond measure; and WHEREAS, the City desires to transfer its respective interests in the Property to the District, and the District desires to receive the City's respective interests in the Property, so that the District may develop and maintain the properties as public open space and/or passive park use, in alignment with the District's mission and the open space bond measure; and WHEREAS, the City has accepted public comment regarding the proposed transfer of the open space properties; and; Pg. 1 of 2 Resolution 2005-26 Spargur Property Transfer to BIPRD July 13, 2005 WHEREAS, the City has determined that the Property is surplus to the City's needs and may be appropriately conveyed to the District; NOW, THEREFORE; THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DOES RESOLVE THAT: Section 1. The City Council has determined that the recommended transfer to the District of the City's respective interests in the "Spargur Property" is in the best interest of the public, and the City Council supports the conveyance of said property to the District. Section 2. The City Council declares that the Property is surplus to the City's needs and may be appropriately transferred to the District in accordance with state law. Section 3. The Mayor is authorized to execute an agreement in substantially similar form as that set forth in Exhibit "A", attached hereto and incorporated herein by this reference (the "Agreement"), and any other documents necessary to convey the City's interest in the Property to the District as set forth in this Resolution and the Agreement, and to transfer the City's interests in the Properties as set forth in the Agreement. PASSED by the City Council this 13th day of July, 2005. APPROVED by the Mayor this 14th day of July, 2005. Darlene Kordonowy, Mayor ATTEST/AUTHENTICATE : SUSAN P. KASPER, City Clerk FILED WITH THE CITY CLERK: June 15, 2005 PASSED BY THE CITY COUNCIL: July 13, 2005 RESOLUTION NO. 2005-26 HACity Exchange\Resolutions\2005 Resolutions\2005-26_Spargur Loop Road Property Transfer to BIPRD_062205.doc Pg. 2 of 2