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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