RES 2009-24 SURPLUS PROPERTY MYERS PIT OLD DECANT FACILITYRESOLUTION No. 2009--24
RESOLUTION , declaring certain : r .l property �.commonly
known n as l dyer's Pit and the Old Decant Facility to be surplus to
the needs of the City of Bainbridge Island and authorizing the sale
of such properties.
WHEREAS, the purchase ofMy r' i (Parcel No. 272502-2-016-2002) legally
described on Exhibit A attached hereto- and made: a part hereof by this reference "Flyer's Pit"
was approved by the City Council on May .9, 2001 under a- Real Estate Contract -with Kitap
County dated- August 13, 200 1, which also included two other properties, --commonly known as
Lo gren Pit and - Miller. Road - Shed; . and
WHEREAS, final payment for the three- parcels is .due .in 2011, but the'City may acquire
the three properties: early by paying Kitsap County the remaining $60,000 under the Real Estate
Contract; and
WHEREAS,. f lyer's Pit was used in the past by the Operations and Maintenance
Department; and
WHEREAS, City Council approved the purchase of the Old Decant Facility (Parcel No.
272502-2-050-2009) legally described on Exhibit A attached hereto and made a part hereof by
this reference "Old. DecantFacility") from Kitsap County on .dune 16, 1983 for use as a
maintenance facility and new well site, and the property was purchased on September. 12, 1983;
and
WHEREAS, the Old Decant Facility was used -as a decant facility and for storage o
equipment by the Operations and Maintenance Department; and
WHEREAS, Myer's Pit arra the Old Decant Facility (the "Properties"') are surplus to the
needs of the City; and
WHEREAS, an ad hoc committee of the Ci
2. It - is Jn the best interest of the citizens of . Bainbridge Is.l.and to sell said surplus
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properties:
r
3.- The salcs of H'er's Pit shall b contingent on the agr errrent of K�tsap County to
: rec i e early payment under that certain Real Estate Contract dated August 13,
2001.
. The sale of the Properties shall be cher contingent upon each sale completing
environmental review. in accordance with the State Environmental Policy Act and
the expiration of the SPA appeal.period.
. prior to the sale, a boundary fine adjustment on the Old Decant Facility will carve
out a well protection area in the southern portion of the parcel,
. The City shall a retain a trail easement on the western border ofthe Old Decant
{
Facility and the northern boundary of Myer's Pit and the old Decant Facility, b
place -a conservation easement in favor of Bainbridge Island Land Trust along
Cooper Creep to protect the salmon habitat and recent conservation work. and c
retain a water line utility easement on the northern border of the Old Decant .
Facility and Ier's pit.
. The sale price of each -Pro ert will be based upon. a professional appraisal of the
value of each Property with the recognition that the final sales price may be lover
than the appraised value by a factor of up to ten percent (10%), or that the
purchase price may be higher than the appraised value.
. The Properties shall be listed for sale by a real estate agent through a multiple
listing service or sold by negotiated sale to Puget Sound Energy.
9. The' City Manager, and. his designees, are hereby authorized -to :take -all necessary
and appropriate steps to sell and transfer said property in - accordance with
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applicable federal, state and local law, including negotiation and ion of all
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conteg
ts,,estatepurchase
and sale, am
greeents, 'and - other I al documentsrac' ral :
required to sell the Property.
PASSED by the City Council this- 2" -day" of Sept oinber, 2009.
APPROVED by the Mayor this 111h day of September,' 2009.
Christopher Snow, Mayor
ATTEST/AUTHENTICATE:
lmaX �ndE� kA00'
Rosalind D. Lassoff, City Cterk
FILED WITH THE CITY CLERK: August 25, 2009
PASSED BY THE CITY ,COUNCIL: September 2, 2009
RESOLUTION NO. 2009-W24
Fil
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EXHIBIT
LEGAL DESCRIPTION OF MYER'S PIS'
PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 27, TOWNSHIP 25 NORTH, RANGE 2 EAST, W.M., KlTSAP
COUNTY, WASHINGTON DESCRIBED AS FOLLOWS.
BEGINNING AT TSE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE
NORTHWEST EST QUARTER, THENCE SOUTH 89°32'51" EAST 660.97 FEET, MORE OR. LESS,
TO THE NORTHEAST CORDER OF THE WEST HALF OF THE SOUTHWEST QUARTER D1
THE NORTHWEST QUARTER, THENCE SOUTH 0004')46" EAST 729.50 PEST, THENCE
NORTH 88"18'40" WEST 297.12 FEET, THENCE SOUTH 1'21'20" BEST 112,11 FEET,
THENCE SOUTH 66040"20"' WEST 162.82 FEET, THENCE NORTH 7449'30" 'BEST 219,64
FEET, MORE OR LESS, TO THE SECTION LIFE, THENCE NORTH 0"03'02" QST 850.75
FEET ALONG THE SECTION LINE TO POINT OF BEGINNING CONTAINING 12.3 ACRES,
MORE OR LESS,
EXCEPT THAT PORTION CONVEYED TO THE CITY OF WINSLOW PER STATUTORY
WARRANTY DEED RECORDED UNDER AUDITOR'S FILL NO. 8309270152;
TOGETHER WITH AN EASEMENT FOR ROAD PURPOSES OVER AND ACROSS A STRIP
OF LAND 30 FEET WIDE, T14E CENTERLINE OF WHICH IS DESCRfBED AS FOLLOWS:
BEGINNING AT A POINT 15 FEET WEST FO THE SOUTHEAST CORNER OF THE WEST
HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE ABOVE
MENTIONED SECTION AND RUNNING; THENCE NORTH 0004'46" BEST 247.0 FEET,
MORE OR LESS, THENCE NORTH 85°25' VVEST 492 FEET, TI NCE NORTH 26150' WEST
120 FEET, THENCE NORTH 7000' EAST 70 FEET, MORE OR LESS, TO ABOVE DESCRIBED
COUNTY PROPERTY,
LEGAL DESCRIPTION OF OLD DECANT FACILITY
TU PTN OF W1/2 SWI/4 NW 114 IAAF BAT NW COR OF SWI/4 NW 14 TH S 9 3 2' 1 E
315 FT TH S0* 00'02E 7 22. 01 FT TH S 8 8 * 18'40E 49. 38FT TO NW COR OF PRTY CNVYD
TO ELVER SWEDINE BY DEED RECD SEPT 11 1961 UNDER AUD NO 754980 T
SI*21'2 OW 112.11 FT TSI S6 6 *40'20W 162. 2FT TU N74*49'3 OW 219.64 FT MIL TO W SEC
LN TH N 3' 2W 850.75FT ALG SD SEC LN TO TPOB EXC N 1 FT OF E 179.76FT
ALSO EXC A STRIP OF LAND 3FT IN WIDTH FOR RD PURP CTRLN OF WN IS DAF
BAT NW COR OF SW A NW 4 TH S 9*32` 5 1E 66 .97FT IFIL TO NE COR OF W1 2 SW
1/4 NWI14 TH S 4'46E 729. FT TTI N88* 18'40W 312.12FT BEING TPOB OF 30FT
STRIP ETH S 1 21'20W 1 3.62FT TIS S66 40'20W 146. 3 FT TH N74* 4 F3 9 W 95 FT I L TO E
LN OF EXST R W ALSO EXC ESMT FOR RD PURP RECD UNDER AUD NO 422781
ALSO EXC ESMT FOR UTIL PURP RECD UNDER AUD NO 782718 ALSO EXC
BUCKLIN HILL RD T W ESMT OVER STRIP OF LAND 30FT WIDE FOR RD PURP
5
CTRLN DAF BAA P 15 F T W OF SE COR -OF W 1 2 SW 1A NW 1 A TH NO*04'46W 247.0 FT
SIL TH N85*25'W tW 92FT TH N2 'W 12 FT TH N7*001 T M/L TO ABV DESC C. +"
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