RES 2007-28 AARON & MADISON AVE TOT LOT SURPLUSRESOLUTION NO. 2007-28
A RESOLUTION of the City of Bainbridge Island declaring certain
real property commonly known as "Aaron Avenue Tot Park" and
"Madison Avenue Tot 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, the City of Bainbridge Island (the "City") owns a .47 acre fee simple parcel
on Aaron Avenue, commonly referred to as the "Aaron Avenue Tot Lot;" and
WHEREAS, the City owns a .43 acre fee simple parcel on Madison Avenue, commonly
referred to as the "Madison Avenue Tot Lot;" and
WHEREAS, the City and the Bainbridge Island Metropolitan Park and Recreation
District (the "District") staff have recommended that the City transfer to the District the Aaron
Avenue Tot Lot and the Madison Avenue Tot Lot (collectively, the "Properties") for
maintenance as public parks in alignment with the District's mission and other property
acquisition requirements; and
WHEREAS, said Properties are surplus to the needs of the City; and
WHEREAS, upon transfer of ownership, it is understood that the District will continue
to maintain and utilize the Properties as public parks in perpetuity, and will assume the costs of
maintenance, operations and improvement of the property, thereby saving the City these
expenses; and
WHEREAS, the District has expressed a desire to accept the Properties subject to the
terms and conditions set forth herein; and
WHEREAS, pursuant to Chapter 39.33 RCW, the City has conducted a public hearing
on December 12, 2007 regarding the proposed transfer of said Properties 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 Properties surplus and authorize their transfer to the 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
"Aaron Avenue Tot Park" and "Madison Avenue Tot Park," and legally described on Exhibit A
Pg. 1 of 3
attached hereto and incorporated herein by this reference, are hereby declared surplus to the
needs of the City.
2. That it is in the best interest of the citizens of Bainbridge Island to transfer said
surplus Properties to the District to be used and maintained as public parks in perpetuity.
3. That the transfer of the Properties 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 Properties shall include a further
condition that the Properties, or any portion thereof, shall not be sold, transferred or conveyed
without the prior consent of the City.
5. That the transfer of the Properties 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 Properties, the title to said property shall revert back to the City.
6. That the transfer of the Properties to the District shall also be contingent upon the
transfer completing 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 said Properties in accordance with applicable federal, state, and local law, including
noting and conducting a hearing on the proposed transfer, and executing all documents required
to carry out the transfer.
PASSED by the City Council this 12`h day of December, 2007.
APPROVED by the Mayor this 20th day of December, 2007.
DARLENE KORDONOWY ay
ATTEST/AUTHENTIC ATE:
ROSALIND D. LASSOFF, CMC, City Clerk
FILED WITH THE CITY CLERK: December 4, 2007
PASSED BY THE CITY COUNCIL: December 12, 2007
RESOLUTION NO. 2007-28
Pg. 2 of 3
1
EXHIBIT A
Legal Description
Aaron Avenue Tot Park
Parcel Number: 5152-001-027-0002
BLOCK 1 LOT 27 (BEING DESIGNATED AS A PARK) PLAT OF NORTHHILL AT WING
POINT, AS PER PLAT RECORDED IN VOLUME 26 OFPLATS, PAGES 82-87, RECORDS
OF KITSAP COUNTY, WASHINGTON
Madison Avenue Tot Park
Parcel Number: 262502-2-105-2005
LOT B CITY OF BAINBRIDGE ISLAND SHORT PLAT NO. BI -66 (SPT06-28-96-1)
RECORDED UNDER AUDITOR'S FILE NOS. 3009294/9295. BEING A PORTION OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, SECTION 26, TOWNSHIP 2
NORTH, RANGE 2 EAST, W.M. KITSAP COUNTY, WASHINGTON. TOGETHER WITH
EASEMENTS AS DEPICTED ON THE SHORT PLAT.
Pg. 3 of 3