Resolution No. 2022-13 Declaring One Tax Parcel as Surplus and Authorize Transfer to WSDOT - Approved 032222Page 1 of 5
RESOLUTION NO. 2022-13
A RESOLUTION of the City Council of Bainbridge
Island, Washington, declaring one tax parcel property as
surplus to the City’s needs and authorizing the transfer of
said tax parcel property to the Washington State
Department of Transportation.
WHEREAS, the City of Bainbridge Island (“City”) received a request from the
Washington State Department of Transportation (“WSDOT”) to acquire one tax parcel of
real property to support its State Route 305 Roundabout Project (“Project”); and
WHEREAS, in 2017, parcel no. 332602-2-062-2006 (the “Property”) was deeded
to the City of Bainbridge Island (Auditor’s File No. 201711070031) from WSDOT at no
cost to the City. In 2021, WSDOT communicated the Property is needed for the Project,
and that WSDOT wished to reacquire the Property; and
WHEREAS, the City Council approved Resolution No. 2022-3 at its February
22, 2022, meeting setting a public hearing date of March 22, 2022, to receive community
input related to declaring the Property as surplus to the City’s needs; and
WHEREAS, the notice of hearing was published in the newspaper of record and
posted on-site in accordance with RCW 39.33.020; and
WHEREAS, the following attachments are related to this transfer, Attachment A
“Legal Description,” Attachment B “Map;” and
WHEREAS, the City Council finds that it is in the best interest of the City to
declare the Property as surplus and authorize its transfer to WSDOT; and
WHEREAS, the WSDOT real estate team valued the Property at $15,830; and
WHEREAS, the City agrees with the WSDOT real estate team’s evaluation of
the value of the Property; and
WHEREAS, in exchange for the Property, WSDOT offered to provide the City
additional landscape enhancements above what was initially going to be provided per the
terms of the Project, specifically, it will provide larger trees than initially agreed upon
along the proposed Project periphery;
WHEREAS, the value of the additional landscape enhancements WSDOT will
provide is approximately $16,200; and
WHEREAS, the City desires to accept WSDOT’s offer to transfer the Property to
it in exchange for the offered additional landscape enhancements; and
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WHEREAS, this resolution authorizes the City Manager to move forward with
the disposition of the Property, and to take all necessary steps to complete the transfer of
ownership of the Property to WSDOT.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
BAINBRIDGE ISLAND DOES RESOLVE AS FOLLOWS:
Section 1. The Property, owned by the City of Bainbridge Island and legally
described on Attachment A and depicted in Attachment B, which are both attached hereto
and incorporated by reference, is hereby declared surplus to the needs of the City of
Bainbridge Island.
Section 2. It is in the best interest of the citizens of Bainbridge Island to transfer
the Property to WSDOT for use related to the Project.
Section 3. The transfer of the City’s interest in the Property shall include a
condition that WSDOT provide landscape enhancements, in addition to the landscaping
already contemplated in the Project, having an approximate value of $16,200, as valuable
consideration in exchange for the transfer of the Property.
Section 4. The transfer of the City’s interest in the Property shall include a
condition that the City will retain any necessary access and utility easements on the
Property.
Section 5. The City Manager is hereby authorized to take all necessary and
appropriate steps to transfer the Property to WSDOT in accordance with applicable
federal, state, local law, and City policies, including executing all documents required to
effectuate the transfer.
Section 6. Severability. If any one or more sections, subsections, or sentences of
this Resolution are held to be unconstitutional or invalid, such decision shall not affect
the validity of the remaining portion of this Resolution and the same shall remain in full
force and effect.
Section 7. This Resolution shall take effect and be in force immediately upon its
passage.
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PASSED by the City Council this 22nd day of March 2022.
APPROVED by the Mayor this 22nd day of March 2022.
Joe Deets, Mayor
March 18, 2022
March 22, 2022
2022-13
ATTEST/AUTHENTICATE:
By: _____________________________
Christine Brown, MMC, City Clerk
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.
ATTACHED:
Attachment A – Legal Description
Attachment B - Map
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ATTACHMENT A – Legal Description
That portion of property described in Warranty Deed dated February 8, 1951, recorded
March 28, 1951 under Auditor's File No. 529551; Warranty Deed dated February 9,
1951, recorded March 28, 1951 under Auditor's File No. 529547; and Warranty Deed
dated February 9, 1951, recorded March 28, 1951 under Auditor's File No. 529548;
records of Kitsap County, Washington, being in the Southeast quarter of the Northwest
quarter of Section 33, Township 26 North, Range 2 East of the Willamette Meridian,
Kitsap County, Washington, lying within the following described tract of land:
Beginning at a point opposite Highway Engineer's Station (hereinafter referred to as
HES)
427+87 on the SR 305 line survey of SR 305, Winslow to Agate Pass and 75 feet
Southwesterly therefrom; thence Northwesterly, to a point opposite HES 428+20.80 L/A
on said SR 305 line survey and 147.30 feet Southwesterly therefrom, said point being on
the Easterly margin of Secondary State Highway No. 21-A (SR 305), Agate Pass Bridge
Vicinity, as described in Warranty Deed dated November 18, 1948, recorded January 6,
1949 under Auditor's File No. 477878; and Warranty Deed dated August 31, 1948,
recorded October 16, 1948 under Auditor's File No. 477883; thence Northeasterly along
said Easterly margin to an intersection with a line drawn parallel with and 75 feet
Southwesterly of said SR 305 line survey; thence Southeasterly, parallel with said SR 305
line survey to the point of beginning.
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ATTACHMENT B – MAP