RES NO. 2017-11 ISLANDWOOD TRAIL EASEMENT SURPLUSRESOLUTION NO. 2017-11
A RESOLUTION of the City of Bainbridge Island, Washington,
declaring an IslandWood Trail Easement to be surplus to the needs of
the City, and authorizing the transfer of said surplus property to the
Bainbridge Island Metropolitan Park and Recreation District for use as a
publicly accessible trail.
WHEREAS, the City of Bainbridge Island ("City") holds a 15 -foot wide easement along
the northern edge of the IslandWood property on Bainbridge Island, Washington; and
WHEREAS, the easement is commonly known as the IslandWood Northern Boundary
Trail Easement, along a portion of Kitsap County Auditor's Parcel No. 032402-1-033-2002, the
resultant Parcel A of the Boundary Line Adjustment Recorded under Kitsap County Auditor's
File No. 200012210081 ("Trail Easement"), which easement is dated March 6, 2002, and which
easement was recorded on August 27, 2002; and
WHEREAS, the Trail Easement was conveyed to the City of Bainbridge Island ("City")
by the Puget Sound Environmental Learning Center ("PSELC") for the purpose of providing
public access to the Trail Easement for pedestrian and non -motorized recreational activities, such
as walking, bicycling, jogging, running, and riding horses; and
WHEREAS, in Fall 2015, the Bainbridge Island Parks Foundation approached the City
to request use of the Trail Easement to create a formal trail in this area; and
WHEREAS, the proposal was reviewed by the City's Non -Motorized Transportation
Advisory Committee (NMTAC), which discussed this topic at several meetings in early 2016,
received public comment, and participated in opportunities to walk the proposed trail site with
representatives of the Parks Foundation, IslandWood, and neighboring property owners; and
WHEREAS, in April 2016, the NMTAC recommended that the City allow the
Bainbridge Island Metropolitan Park and Recreation District (BIMPRD) to construct a trail,
subject to the following recommendations that were included in a NMTAC motion from April
18, 2016:
[T]he Bainbridge Island Non -Motorized Transportation Advisory Committee
recommends that the City of Bainbridge Island transfer the "IslandWood Northern
Boundary" easement to the Bainbridge Island Metro Park & Rec District for the
development of a publicly accessible trail. The Committee requests that the Bainbridge
Island City Council and Staff and Bainbridge Island Metro Park & Rec District
Commissioners and Staff consider the extensive public input that has been provided to
date, specifically:
• Alterations to the trail should minimize ecological impacts;
0 The design of the trail should consider all ages and abilities and user's safety;
• The trail should have minimal impact on IslandWood operations; and
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The trail, where possible, should consider the proximity of neighbors.
WHEREAS, the Bainbridge Island City Council also held several discussions on the
proposal, and at its meeting on July 12, 2016, the Council voted unanimously to direct staff to
take the necessary steps to transfer the City's IslandWood easement to the BIMPRD for the
construction of a non -motorized trail consistent with the recommendations of the City's
NMTAC; and
WHEREAS, transfer from the City to the BIMPRD of the Trail Easement for its
development and maintenance as a public trail is in alignment with the BIMPRD's mission and
other property acquisition requirements and restrictions; and
WHEREAS, upon transfer of Trail Easement, it is understood that the BIMPRD will
maintain and utilize the Trail Easement as a public trail in perpetuity, and will assume the costs
of maintenance, operations, and improvement of the Trail Easement, thereby saving the City
these expenses; and
WHEREAS, the BIMPRD has expressed a desire to accept the Trail Easement subject to
the terms and conditions set forth herein; and
WHEREAS, City policy and state law authorize the City to transfer such property to the
BIMPRD, including, more specifically, RCW 39.33.010, which provides general authorization
for the City to transfer real property to any municipality, RCW 39.33.060, which authorizes the
City to transfer real property or any interest therein to a park and recreation district on such terms
and with such consideration as might be mutually agreed upon, and RCW 35.61.290, which
authorizes the City to transfer to a metropolitan park district, with or without consideration, any
interest in real property; and
WHEREAS, on April 11, 2017, the City Council conducted a public hearing regarding
the proposed transfer of the Trail Easement to the BIMPRD;
WHEREAS, the City Council finds that it is in the best interest of the City to declare the
Trail Easement surplus and authorize its transfer to the BIMPRD; and
WHEREAS, this resolution authorizes City staff to move forward with the disposition of
this City -owned property, and to complete the transfer of ownership of the easement from the
City to the BIMPRD; now, therefore
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND,
WASHINGTON, DOES RESOLVE AS FOLLOWS:
1. The Trail Easement, as legally described in Attachment A, and visually depicted
in Attachment B, attached hereto, is hereby declared surplus to the needs of the City.
2. The City is authorized by City policy and state law to declare the Trail Easement
surplus to the City's needs and transfer the easement to the Bainbridge Island Metropolitan Park
and Recreation District (BIMPRD). Authorization for this action is set forth in multiple
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provisions of state law. For example, RCW 39.33.010 provides general authorization for the City
to transfer real property to any municipality, and RCW 39.33.060 authorizes the City to transfer
real property or any interest therein to a park and recreation district on such terms and with such
consideration as might be mutually agreed upon. Further, RCW 35.61.290 authorizes the City to
transfer any interest in real property to a metropolitan park district, such as the BIMPRD, with or
without consideration.
3. It is in the best interest of the citizens of Bainbridge Island to transfer the Trail
Easement to the BIMPRD to be used in perpetuity and maintained as a public trail.
4. The transfer of the City's interest in the Trail Easement to the BIMPRD shall
include a further condition that the Trail Easement, or any portion thereof, shall not be sold,
transferred, or conveyed without the prior consent of the City.
5. The transfer of the Trail Easement to the BIMPRD shall include a right of reverter
to the City, whereby if the BIMPRD fails to satisfy any of the conditions of the transfer with
respect to the Trail Easement, the title to said property shall revert to the City.
6. The transfer of the Trail Easement to the BIMPRD shall be conditioned upon the
BIMPRD's agreement to comply with and satisfy all conditions, restrictions, and terms
established and agreed to by the City at the time of the City's acquisition of the Trail Easement,
and such other restrictions and covenants which are otherwise of record.
7. The City will retain any necessary access and utility easements on the Trail
Easement, as applicable, at the time of their transfer to the BIMPRD.
8. The City Manager is hereby authorized to take all necessary and appropriate steps
to transfer the Trail Easement in accordance with applicable federal, state, local law, and City
policies, including executing all documents required to effectuate the transfer.
PASSED by the City Council this 11th day of April, 2017.
APPROVED by the Mayor this 11th day of Ap 'l, 2017.
V ayor
ATTEST/AUTHENTICATE:
j
Christine Brown, City Clerk
FILED WITH THE CITY CLERK: March 3, 2017
PASSED BY THE CITY COUNCIL: April 11, 2017
RESOLUTION NO. 2017-11
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ATTACHMENT A
After Filing Return To:
5(15A,&) P A14$PE4,
City of Bainbridge Island 200208270486
Bainbridge
Madison 11111110111M
Pte, t of 6
13ainbridgc Island, WA 98110 W27r2A62 6311P
B1TY OF BAINBRIDOE ISLAND EMT *4 M Kitsip Co, MR
TRAIL EASEMENT
(irantor(s): The Puget Sound Environmental Learning Center, a
Washington non-profit corporation
Grantee(s): City of Bainbridge Island, a Washington municipal corporation
Abbr. Legal: Resultant Parcel A of the Boundary Line Adjustment Recorded
Under Kitsap County Auditors File No. 200012210081
Tax Parcel No.: Portion of 032402-1-033-2002
Reference 9: None
This Trail Easement is entered into by and between The Puget Sound Environmental
Learning Center, a Washington non-profit corporation ("I EI.0") apo the City of Bainbridge
Island, a Washington municipal corporation, as of this 677ilay cif _,qMChi- , 2042.
In consideration of the mutual covenants and promises herein, the parties hereto agree
as follows.
1) Grant of Easement.
PSELC hereby grants and conveys to the City a fifteen (ES) foot non-exclusive public
trail easement (the "Trail Easement") over and across the real property more particularly
described on attached Exhibit A for the purpose of providing public access to the Trail
Easement for pedestrian and non -motorized recreational activities, such as walking, bicycling,
jogging, running, and riding horses. Except as provided herein, motorized vehicles are not
permitted on the Trail Easement. Camping and campfires are not permitted at any time.
11) Uses and Obligations.
2.1 Trail Construction and Maintenance. The City shall be solely responsible for all
construction, repair, reconstruction, care, maintenance, and preservation of the trail
V kW"RM1M.WI1tAJLESMT CITY A ACA DOC
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and Trail Easement. All work shall be done at the City's sole expense and in
compliance with all applicable laws and restrictions. The City shall have the right to
erect reasonable signs within the Trail Easement that provide for trail location or
features. In no event shall PSELC have any duty or liability relating to construction,
maintenance, operation or use of the 'frail Easement or the trail.
2.2 No Public Access Beyond "frail l,;=mant. This agreement authorizes use of the Trail
Easement as part of the Bainbridge Island public trail system and does not confer any
right of public access across any private property owned by PSELC beyond the Trail
Easement.
2.3 1rlotor Vchicies. No motor vehicles are allowed within the Trail Easement except
those of the City or its agents used for trail maintenance projects or those of
emergency personnel in the case of a medical emergency.
2.4 ,PSE; C's Use of.El-Lemew Area. This is a non-exclusive casement and PSELC retains
the right to use the Trail Easement for all purposes consistent with the City's easement
rights hereunder.
111) Compliance with Easement.
3.1 Breach. In the event of any breach or threatened breach of this agreement by either party,
the non -defaulting party shall have the right to sue for damages and/or for specific
performance and/or to enjoin such breach or threatened breach.
3.2 Notices. The addresses for all notices hereunder until changed by a party are as
follows:
To Grantor: PSELC
4450 Blakely Avenue NE
Bainbridge Island, WA 98110
To City: City of Bainbridge Island
280 Madison
Bainbridge Island, WA 98110
3.3 Attorrre, s Fees. The prevailing party in any action brought to enforce or interpret the
terms of this agreement shall be entitled to recover its costs and reasonable attorney fees
incurred in said action, including on appeal, whether or not suit is commenced.
3.4 No Waiver. No delay or omission by the City or PSELC in the exercise of any right or
remedy shall impair the City's or the PSELC's rights or remedies nor shall it be
construed as a waiver.
V %WFARAMMUNAAUMUff CITY A ACA DOC
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IV) Miscellaneous Provisions.
4.1 Pe tufty. This agreement shall run with the land and be binding upon all successors
and/or assigns of the parties hereto.
4.2 E;ntirc A reement. This instrument sets forth the entire agreement of the parties with
respect to the Trail Easement and supersedes all prior discussion, negotiations,
understandings, or agreements relating to the Trail Easemcnt, all of which are merged
into this instrument.
4.3 Controlling [,aw. The laws of the State of Washington shall govern the interpretation
and performance of this agreement.
Executed as of the date and year first above written.
Y tN}*QA1NFWTRAAASNr MY A ACA DOC
PSELC:
The Puget Sound Environmental Learning
Center, a Washington non-profit corporation
By:
X�9z
Its: r�-���.J�"'
CITY:
City of Bainbridge Island,
a Washington Municipal Corporation
By:
Its•
200208270486
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STATE OF WASHINGTON )
COUNTY OF Yt )
1 certify that 1 know or have satisfactory evidence that m{1 �;�;.s"�1 is
the person who appeared before me, and s/he acknowledged that s/he signed this instrument,
on oath stated that �hc was authorized to execute the instrument and acknowledged it as the
��''•'_; -� ' _? -_k�` ,,'!' of the PUGET SOUND ENVIRONMENTAL LEARNING
CENTER, a corporation, to be the free and voluntary act of such corporation for the uses and
purposes mentioned in the instrument.
Dated this —L day of 200Z&.
WR
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I4. u�Notary]
R}.
]Print Name of Notary]
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Notary Public in and for the State of
�.
Washington, residing at
lily commission
STATE OF WASHINGTON )
SS.
COUNTY OF ZLIrs"
I certify that I know or have satisfactory evidence that .( 6tJ A%D B is
the person who appeared before me, and s/he acknowledged that s/he signed this instrument,
on oath stated that s/he was authorized to execute the instrument and acknowledged it as the
.'1.t1 /ST�F of the CITY OF BAINBRIDGE ISLAND, a municipal
corporation, to be the free and voluntary act of such corporation for the uses and purposes
mentioned in the instrument.
Dated this A9 lay of L
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-Signature of Notary]
[Print Name of Notary]
Notary Public in and for ft State of
Washington, residing at ,t/' !3 :�,
My commission expires: _.S / La
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200208270486
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EXHIBTI' A
PUGET SOUND ENVIRONMENTAL LEARNING CENTER
TRAIL EASEMENT AREA
A 15.00 foot wide strip of land situate in the Southwest quarter of Section 34, Township
25 Worth, Range 2 Fast, W.M., City of Bainbridge Island, Kitsap County, Washington, the
Northerly and Westerly lines of which are described as follows:
Beginning at the Northeast corner of the Southeast quarter of the Southwest quarter of
said Section 34;
Thence along the North line of said subdivision, North 88°29'49" West 1324.84 feet to the
Northwest corner thereof;
Thence along the West fine of said subdivision, South 01010'16" West 833.20 feet to the South
line of the North one-half of the North one-half of the Southeast quarter of the Southwest quarter
of the Southwest quarter of said Section 34;
'Chence along said South line, North 88°29'51" West 109.82 feet to the Easterly right of way of
Blakely Avenue NE and the terminus.
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EXHIBIT A
Nw corner, ELC NE comer.
SE 1/4, boundary SE 1/4, SW 114...,
SW 1/4 N 8829'49" W 1324.84'
1 — - --
15' Troil Easement i
(shaded) ap
w
C)
y ELC
3 South Line, boundary
N 8.6'2951"w N 1/2, N 1/2, 14
109.82�SE 1/4, SW 1/4
t SW 1/4
J -
LZf
�-- ELC
' boundary
l0 °
33 .34 S 882952" E
2643.26' 34
-TO 434.34-
Trait Ear ement
prepared for the
Puget Sound
Environmental Learning Center
o portion of
Sec. 34, T. 25N., R. 2E., W.M.
City of Bainbridge Island,
Kitsop County. Washington
ADAM
GOLDSWORTHY, INC.
LAND SURVEYING
19062 HWY 305 NORTH 779-4299
POULSBO, WA 98370 842-9598
DATE 2/14/02 DRAWING 2243Troi1
200208270486
1111 Pare 6 Of 6
SITY Of 9RINNI0K ISM ES11T 94.90 Ks*/MCo 4A '31P
rage Y
ATTACHMENT B
North/NW Islandwood Trail
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