RES 2010-10 DECLARING CERTAIN REAL PROPERTY KNOWN AS YAMA PROPERTY NUTE'S POND, AARON AVENUE TOT LOTRESOLUTION No. 2010-10.
RESOLUTION of the City of Bainbridge Island declaring certain
re l , property commonly known ` Yama Property" "Nute's Pond" and
"Aaron Avenue Tot Lot ' Gre n Belk'.' to be' surplus -to the reeds of the
City of Bainbridge - Island and authorizing the transfer of said surplus
property to Bainbridge Island Metopolitn Park and Recreation. District
for use as public parks.
WHEREAS, on December 29, 2004 following :a recommendation fro i .the open Space
Commission,, the City of Bainbridge Island (the "City" purchased a 7.37 acres fee simple parcel,
fended by the Open Space Bond Fund, commonly referred to as the "Yama Property;" and
WHEREAS, the City owns a .26 acre strip adjacent to Aaron Avenue "dot. Lot. and Grand
Avenue that was dedicated to the City in connection With the subdivision of North Hill at Wing
Point on October 30, 1989; and
WHEREAS,, on January 24, 2007, the City Council approved the purchase of a 31.8acre
property commonly known as the "Nut 's Pond" property, located on the gest side of Toe Jany
Hill -at the approximate address of 2 101 Toe Jam, pursuant to a heal Estate Purchase and Sale
Agreement -with Francis H.. Brownell 111; 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 Varna
Property, Aaron Avenue Tot Lot Green Belt and Mute's Pond (collectively, the "Properties") for
maintenance as public open space .anchor public parks in alignment with the District's mission,
the Open Space Bond measure and other property acquisition requirements; and
WHEREAS, said Properties are surplus to the creeds 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 ement of the property, thereby saving the City hese
expenses; arra
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 February 24, 2010 regarding the proposed transfer of said Properties to the District; and
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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 ISLAM I
WASHINGTON, DOES RESOLVE AS FOLLOWS:
1. That real property owned by the City of Bainbridge. Island commonly known as
the "Yaina Property," "Aaron Avenue Tot Lot Green Belt" and ` Nute's Pond," a d legally
described on Exhibit A attached hereto -and inc'orporated herein ,b- : this reference dre herb
declared surplus to the needs of the. City.
2, That it is in the best. interest of thecitizens of Bainbridge Island to tfdnsfer said
surplus Properties to the District to be used and maintained as public parks in perpetuity.
. - That it is a condition of the transfer that the Varna Property and Nute' Pond be
maintained as passive public parrs in perpetuity,
. That the transfer of the Properties shall be conditioned upon the -Distrid's use and
maintenance of the Properties for public -park purposes.
. 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 sola, transferred or conveyed
without the prior consent ofthe City.
. That the transfer of-th 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 trAfisfer with
respect to any of these Properties, the title to said property shall revert back to the City.
. That the transfer of the Properties to the District shall be conditioned upon the-
District's
he
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 acquisition of the Properties, and Such other
restrictions and covenants which are otherwise of record.
8.. That the transfer of the Properties to the District shall also be contingent Moon the
transfer completing environmental review in accordance with the State Envirommerital Policy
Act and the expiration of the SPA appeal period,
. That the City Manager is hereby authorized to take all necessary and -appropriate
steps to transfer said Properties -in accordance with applicable federal, state, and local la,
including executing all documents required to carry out the transfers.
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PASSED by the Cit. Council this 24 th day of February,2010.
APPROVED .OV by the Mayor this 9"' day of March , 2010,
Bob Scales,. Mayor
ATTEST/AUTHENTICATE,
{
Rosalind D. Lasso f, City Clerk
FILED WITH THE CITY CLERK: February 9, 2010.
PASSED BY THE CITY CotNCIL. r 24, 201 o
RESOLUTION NO. 2010-10
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EXHIBIT A
Legal Deseripti.ons
Yams
Parcel Nr: 022402-3-047-2003
OPEN SPACE TRACT I OF BAINBRIDGE ISLAND D SHORT PLAT RECORDED UNDER
AUDITOR'S FILE IROS. 20041 2140062 AND 2004 12140063, AS RE-RECORDED UNDER
AUDITOR'S FILE NO. 200412170060, BEING A PORTION OF THE SOUTHWEST
QUARTER OF THE SOUTHWEST .QUARTER, SECTION 2, AND THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER, SECTION 11, ALL IN TOWNSHIP 24
NORTH, RANGE 2 EAST, W.M., IN KITSAP COUNTY, WASHINGTON.
SUBJECT TO AND TOGETHER WITH BASEMENTS, RESTRICTIONS AND
RESERVATIONS OF RECORD.
Aaron Avenue Tot Lot Green Belt
Parcel No. 5152-001-028-0001
TRACT , , BLOCK 1, (BEING DESIGNATED AS A PARK) PIAT OF NORTH HIL.L. AT
WING PONT, ACCORDING TO THE PIAT RECORDED IN. VOLUME 26 OF PLATS,
PAGES 82 THROUGH 87, fNCLUSIV , RECORDS OF KITSAP COUNTY, WASHINGTON.
Nue's Panel
Parcel N. 112402-4-002-2003
THE NORTHWEST' QUARTER OF THE SOUTHEAST QUARTER OF SECTION II,
TOWNSHIP 24 NORTH, RANGE 2 BAST, W.14., .IN KITSAP COUNTY, WASHINGTON;
EXCEPT THE FOLLOWING:
THAT- PARCEL F PROPERTY BEGINNING AT A POINT N THE NORTHERN
A
BOUNDARY DINE 224 FEET WEST OF THE NORTHEAST CORNER. OF THE
NORTHWEST QUARTER OF THE SOUTHEAST QUARTER. IN SECTION 11, TOWNSHIP
24 NORTH, RANGE 2 BAST, W.M.; RUNNING THENCE WEST 467 FEET, THENCE
SOUTH 467 FEET; THENCE BAST 467 FRET; THENCE NORTH 467 FEET TO THE POINT
OF BEGANG, CD ITAfNTNG 5 ACRES MORE DR ESS;
AND ALSO EXCEPT THE EAST 208 FEET OF THE NORTH 416 FEET OF THE
NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION J 1, TOWNSHIP
24 NORTH, RANGE 2 EAST, W.M.;
EXCEPT TOE JAM HILL ROAD (COUNTY ROAD NO. 370)
SUBJECT TO AND TOGETHER WITH EASEMENTS, RESTRICTIONS AND
RESERVATIONS OF RECORD.
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