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RES 2009-23 SURPLUS PROPERTY WEAVER AVENUE WELL SITERESOLUTION UTION No, 009-23 A RESOLUTION declaring :.certain real property, commonly known as the wearer Avenue well Site to be surplus to' the reeds of the City of Bainbridge Island and authorizing the gale of, such property. WHEREAS, the wearer Avenue well Site Parcel No. 272502-4-035-2005) legally described on Exhibit A attached hereto .and made a part hereof by this. reference (the "Property" has two City non -potable wells most recently used by the -City -r use in the City's. operations; and WHEREAS, the Property is surplwt. the needs oftie City; and WHEREAS, an ad hoe committee of the City Council has recommended that the Property be declared surplus and sold; and :. WHERE S, the. ad hoc committee of the City Council has recommended that the City ' k _ • i. retain the underlying eater rights; and WHEREAS, the ad. hoc committee of the City Council has further recommended that the City retain ars access and utility easement for monitoring the wells; and WHEREAS, the a . hoe committee of the City Council recommends that the property b listed, for sale by a real estate agent through a. multiple :listing senile; and . WHEREAS, the sale price of the Property will be based upon a professional appraisal; and WHEREAS, the City -has conducted a public hearing on September 2, 2009 regarding the saleof the Property;. and WHEREAS, the City Council finds that it is i 'the hest interest ofthe City of Bainbridge Island to declare tfie Property gurplus and authorize its sale, pending coin lefi6 -of the SPA review process, now therefore, THE CITY COUNCIL of THE CITY OF BAINBRIDGEIS ANDI WASHINGTON? DOES RESOLVE AS FOLLOWS. 1: The .: Weaver Agee. well Site; - legally : described on attached: and iororated Exhibit - A, is hereby declared surplus - to the needs of -the - City of Bainbridge - . Island. 2. It is in the best - interest of the, citizens 'of Bainbridge I la. d to sell said, surplus property: . The sale ofthe Property shall be eon tin er t upon the sale -completing. environmental review' in -accorda .c with the.- State Envirbmmental Policy Act and the expiration of the SPA appeal period. 5 . The City - shall retain: the underlying water rights and an -access d tilitr easement for monitoring the wells. .' -A negotiated sale with one or more nonprofit providers of affordable' housing shall be attempted- first and ff not successful,-. the Property may the - be listed through a multiple listing service. '. 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 he lower than the appraised value by a factor of up to ten percent (10%)', car that the purchase price may be higher than the appraised value. 2 . The City Manager, and his designees, are -hereby authorized to take all necessary s and appropriate step& to sell -and transfer said property in accordance with applicable federal, state and local law, including negotiation and execution of all contracts, real estate purchase and sale agreements, and other legal documents required to sell the Property. PASSEDby the City Council this 2nd day of September, 2009. APPROVED by the Mayor this I It" day of September, 2009. ATTEST/AUTHENTICATE: Rosalind D. Lasso , Cit Clerk FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. 2009-23 le -C., 44� Christopher Snow, Mayor August 25, 2009 September 2, 2009 3 EXHIBIT PYOF NW 1 4 SE 1/4 THE E 20OFT OF W 215FT OF S 20OFT OF NW 1 Nom' 114 SE 114 :y X RD ti e 4