RES 2009-29 WILLIAMS PROPERTYRE, SOLUTION NO .- 2009-2
RESOLUTION of the City of Bainbridge Island declaring certain, .
a real property commonly known n as "William 'Propert " to be surplus
to the needs Of the City of Bainbridge Island, n 'authori zingg the
transfer of said surplus property to Bainbridge Island Metropolitan
Part and Recreation District for use as a public open space and/or
passive public park.-
WHEREAS,
ark:
W I AS, the City of Bainbridge Island (the "City") owns a parcel that _ totals
approximately 3. 81 acres in size, located north of Williams Bane, Bainbridge Island, Washington
(Kitsap Counter assessor Parcel ITS. 082502-4-012-20.05) and one tidelands parcel. that is
approximately 4.2 acnes in size Kitsap County assessor Parcel No, 172502-1-026.2004) s
more fully described do Exhibit A attached hereto, the "Williams Property"; and
WHEREAS, the City and the Bainbridge Island Metropolitan Park and Recreation
District (the "District") staff agreed at the time of the purchase to transfer the Williams Property
to the District for development and maintenance as public open space and/or a passive park in
alignment with the District's mission and other property acquisition requirements; and
WHEREAS, the Park District sunder a letter of retroactivity applied for and received a
Washington State Recreation & Conservation Office (" CO") grant in the amount of $986,607
for the purchase of the Williams Property;
WHEREAS, the Park District Board pursuant to Resolution No. 2009-20 has agreed to
transfer. $600,000 of the grant to the City as partial compensation for the Williams Property
acquisition costs;
WHEREAS, pursuant to the Park District Board Resolution No. 2009-20, $300,000 of
such grant money will be retained by the Park District for the City's portion of the renovation of
the soccer fields at Battle Point;
WHEREAS, RCO will not disburse the grant money until the Williams Property has
been transferred. to the Park District or until the Park District can provide evidence that such
transfer is imminent;
'GREs, the Williams Property is surplus to the needs of the City; and
WHEREAS, upon transfer of ownership, it is understood that the District will continue
to maintain and utilize the Williams Property as public open space and/or a passive park in
perpetuity.. and will assume the costs of maintenance, operations and improvement of the
property, thereby saving the City these expenses; and
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WHEREAS, the District has expressed a desire to accept the Williams Property subject -
to the terns and conditions set forth herein; and
WHEREAS, pursuant to Chapter 39:33 RCW,$ the City has conducted a public hearing
on November ber 2 , 2009 regarding the proposed transfer of the Williams 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 the Williams Property surplus and authorize its transfer to the District,
now, therefore,
THE CITY COUNCIL of THE CITY of BAINBRIDGE ISLANDI
WASHINGTON, INGTOl , DOES RESOLVE AS FOLLOWS:
I . That real property owned by - the City of Bainbridge Island commonly known as
"Williams Property"' and legally described on Exhibit .- attached hereto and incorporated herein
y this reference, is hereby declared surplus to the needs of the City.
2. That it 'I's in the best interest of the citizens of Bainbridge Island to transfer the
Williams Property to the District to be used and maintained as a passive public park and/or
public open space in perpetuity.
. That the transfer of the Williams Property shall be conditioned upon the District's
use and maintenance of the Williams Property for passive public -park and/or public open space
purposes,
4, - That the - tra.nsfer of the City's interest in said the Williams Property shall include
a further condition that the Williams 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 Williams Property to the District shall include "right of
reverter" to the City, whereby if the Wlll'lams Property or any portion hereof ceases to be used
exclusively for public park and/or open space purposes, the title to said property shall revert back
to the City.
. That the transfer of the Williams Property to the District shall be conditioned
upon the District's agreement to comply with and satisfy all conditions, restrictions or tens
established or agreed to by the City at the time of the City's purchase of the Wiilia Property,
and -such other restrictions and covenants which are otherwise of record, includin , but not
limited to, that certain Rel Estate Purchase and Sale Agreement, dated as of October 31, 2007,
between the City and Williams Dane Partners, and Frances W. Ringold, J. Vernon Williams, earl
Williams and Scott Williams, Declaration of Restricted Covenants filed with the Kitsap County
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Auditor under file no. 20071220 00 18 and Right -of First Refusal filed with the Kitsap County
Auditor under file no. 200712200019, provided, however, that the City shall be responsible for
costs incurred under that certain Agreement, dated October 20, 2009, between the City and
Williams Bane LLC.
7. That the transfer of the Williams Property -to the District shall also be contingent
upon the transfer completing en from- ental review in accordance with the State Environmental
Policy Act and the expiration of the S PA appeal period.
8. That the transfer of the Williams Property shall also be contingent upon the Park
District transferring $600,000 of the - RQ grant to the City as partial compensation for the
williarrrs Property acquisition sts, and -$300.,000 of such - ra.t money will'be retained by the
Paris District for the City's portion of the renovation of the soccer fields at Battle Point.
. That the transfer 0& the Williams Pro ert r to the District shall also be contingent
on the Park ]district's agreement that the City shall receive approximately ninety percent 90%
f any future grants received -by the Park District in connection with the City's -acquisition o the
Williams Property.
10. That the City Mana er, or his designee, is hereby authorized to tape all necessary
and appropriate steps to transfer the Williams Property in accordance with applicable federal,
state, and local law, including executing all documents required to carry out the transfer.
PASSED bar the City Council this 23rd day of November 2009.
APPROVED by the Mayor this 23 d day of November 2009.
Christopher Snow, Mayor
ATTEST/AUTHENTICATE:
Rosalind D. Lassoff City Clerk
FILED WITH THE CITY CLERK: November 1 , 2009
PASSED BY THE CITY COUNCIL: November 21, 2009
RESOLUTION NO. 2009-29
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EXHIBIT A
Legal Description
WILLIAMS PROPERTY
Parcel Numbers: 082502-4-012-2005 and 172502-1-026-2004
THAT PORTION OF GOVERNMENT LOT 5, SECTION 8, TOWNSHIP 25 NORTH,
RANGE 2 EAST, W.M., CITY OF BAINERIDxE ISLAND, KITSAP COUNTY,,
QTY,
WA SHfNGT N, DESCRIBED AS FOLLOWS.
E ' fNNIN x AT THE SOUTHEAST CORNER OF SAID SECTION 8,
THENCE ALONG THE EAST LINE `HEREOF, NORTH 0 1025'47"' EAST 210.80 F T;
THENCE LEAVING SAID EAST LINE,, NORTH 89001'48' WEST 465.24 FEET,
THENCE NORTH 38010'06"' WEST 200.00 FEET,
THENCE NORTH 7 1 `3 3'14" WEST TO THE WESTERLY LIMITS OF SAID
GOVERNMENT T LOT 5; a
THENCE SOUTHWESTERLY ALONG SAID WESTERLY LIMITS TO THE SOUTH LINE
OF SAID SECTION ;
THENCE ALONG SAID SOUTH LINE, BOOTH 89° 1'48" EAST TO THE POINT ; P
BEGINNING.
TOGETHER WITH SECOND CLASS TIDELANDS AS CONVEYED BY THE
STATE OF WASHINGTON SITUATE IN FRONT T P, OR ADJACENT TO AND
ABUTTING THEREON.
ALSO PARCEL C AS DELINEATED ON THE SURVEY RECORDED IN VOLUME
43 OF SURVEYS, PAGE 141, RECORDED UNDER KITSAP COUNTY AUDITOR'S FILE
NO. 9507250059, AND DESCRIBED AS FOLLOWS.
THE TIDELANDS INCLUDED IN THE DEEDS RECORDED UNDER KITSAP COUNTY
AUDITOR'S FILE NOS. . 35694, VOLUME 4, PAGE 23, AND 374342, FRONTING
GOVERNMENT LOTS I AND 2. SECTION 17, TOWNSHIP 25 NORTH, RANGE 2 EAST,
W. I., KITSAP COUNTY, WASHINGTON, xTON, LYING SOUTH OF THE NORTH LfNE OF
SAID SECTION 1.
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