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RES 2006-51 SALE OF 2.3 ACRES NEAR BAKER HILL RD1 RESOLUTION NO 2006-51 A RESOLUTION reauthorizing the sale of approximately 2 3 acres of real property located in the vicinity of Baker Hill Road, Bainbridge Island, Washington WHEREAS, in 2004 the City purchased 49 acres of real property located in the vicinity of Baker Hill Road, Bainbridge Island, Washington (commonly known as the "Peters property"), and WHEREAS, at the time of the purchase of the Peters property, as a by-product of that purchase, the City also acquired a separate 2 3 -acre lot, which was untended to be resold to recover a portion of the Peters property purchase cost, and WHEREAS, between August 2004 and May 2006, the Open Space Commission worked with an interested private party to negotiate a purchase and sale agreement for the 2 3 acres, but in May 2006 the party withdrew from the negotiations, and WHEREAS, at the July 12, 2006 City Council meeting, the Open Space Commission represented that it desired to make the sale of the property as public as possible by advertising the property through a request for bids through published advertisements in local newspapers, and WHEREAS, at the July 121h meeting, the City Council authorized the sale of the property through such a process subject to completion of a SEPA review process, and authorized the Mayor to execute the necessary documents, and WHEREAS, the City SEPA responsible official issued a SEPA Determination of Nonsignificance on August 30, 2006 regarding the sale of the property, the respective SEPA in appeal/comment period expired on September 13, 2006, and the SEPA review process is now complete, and WHEREAS, the Open Space Commission now recommends that the City retain a real estate agent to sell the property through a multiple listing set -vice, and and WHEREAS, the sale price of the property will be based upon a professional appraisal, WHEREAS, as this represents a fundamentally different process than the public bid process that the Open Space Commission represented it would use in July 2006, it is requested that the City Council reauthorize the sale and execution of necessary documents with the understanding that the City would retain a real estate agent to sell the property, and WHEREAS, the City Council finds that it is in the best interest of the City of Bainbridge Island to reauthorize the sale of the 2 3 acres of property in accordance with the process set forth above, now, therefore, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DOES RESOLVE AS FOLLOWS 1 The sale of the above -referenced 2 3 acres of real property owned by the City of Bainbridge Island, and legally described on attached and incorporated Exhibit A, is reauthorized with the understanding that the City shall retain a real estate agent to sell the property 2 The sale price of the property will be based upon a professional appraisal of the value of the property with the recognition that the final sales price may be lower than the appraised value by a factor of up to ten percent (10%), or that the purchase price may be higher than the appraised value 1.1 3 The Mayor is hereby authorized to take all necessary and appropriate steps to sell and transfer said property in accordance with applicable federal, state and local law, including execution of all contracts, real estate purchase and sale agreements, and other legal documents necessary to sell the said 2 3 acres of real property PASSED by the City Council this 13"' day of December, 2006 APPROVED by the Mayor this 14`x' day of December, 2006 ATTEST/AUTHENTICATE �drQ.Q.IJnOf� 1�SS� Rosalind D Lassoff, CMC, City Clerk FILED WITH THE CITY CLERK PASSED BY THE CITY COUNCIL RESOLUTION NO Darlene Kordonowy, Mayor December 4, 2006 December 13, 2006 2006-51 3 EXHIBIT A (INSERT LEGAL DESCRIPTION PROPERTY) J EXHIBIT A THAT PORTION OF THE WEST 330 00 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 25 NORTH, RANGE 2 EAST, W M CITY OF BAINBRIDGE ISLAND, KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS BEGINNING AT THF SOUTH QUARTER CORNER OF SAID SECTION 33, THENCE ALONG THE NORTH -SOUTH CEN FERLINE OF SAID SECTION 33, NORTH 01013'30" EAST 427 94 FEET TO TRUE POINT OF BEGINNING, THENCE CONTINUING NORTH 01013'30" EAST 303 05 FEET, THENCE SOUTH 88045'55" EAST 330 00 FEE F TO THE EAST LINE OF THE WEST 330 00 FEET OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 33, THENCE ALONG SAID EAST LINE, SOUTH 01013'30" WEST 303 05 FEET, THENCE NORTH 88045'55" WEST 330 00 FEET TO THE TRUE POINT OF BEGINNING SUBJECT TO AND TOGETHER WITH EASEMENTS, RESTRICTIONS, AND RESERVATIONS OF RECORD