RES NO. 2017-12 MANITOU BEACH DRIVE SURPLUSRESOLUTION NO. 2017-12
A RESOLUTION of the City of Bainbridge Island, Washington,
declaring certain real property located on Manitou Beach Drive to be
surplus to the needs of the City, authorizing the transfer of said surplus
property to the Bainbridge Island Metropolitan Park and Recreation
District for public park purposes, and proposing a related boundary line
adjustment and sale of property.
WHEREAS, in March 2003, the City acquired from Peter and Elyse Kane a 0.88 -acre
parcel, identified by Kitsap County Auditor's Parcel No. 142502-3-109-2003, located on
Manitou Beach Drive NE, with funds from the Open Space Bond ("Manitou Upland Parcel"), as
described in the Legal Description in Attachment A and depicted in the drawing in Attachment
B, attached hereto; and
WHEREAS, at the same time, the City acquired from the same owners a parcel
("Manitou Tideland Parcel") located on the waterfront across the street from the Manitou Upland
Parcel; and
WHEREAS, in 2011, the City Council approved Resolution No. 2011-16 and thereby
declared several properties, including the Manitou Tideland Parcel, to be surplus to the needs of
the City and authorized the transfer of ownership of those properties to the Bainbridge Island
Metropolitan Park and Recreation District (`BIMPRD"). The City did not include the Manitou
Upland Parcel in that surplus and transfer resolution because, at that time, the BIMPRD did not
indicate a willingness to accept ownership of the upland property; and
WHEREAS, in 2014, the City Council reviewed options for the Manitou Upland Parcel
and, at that time, the BIMPRD indicated that they would be willing to accept transfer of that
parcel if the City were to install parking and other amenities that would expand the usefulness of
the parcel as a public access site and, as a result, the City Council directed staff to develop plans
and solicit community feedback on a project to install parking at the Manitou Upland Parcel in
order to expand public access to and use of both the upland and the tideland parcels; and
WHEREAS, in June 2015, the City Council approved plans to install parking spaces and
a bike rack at the Manitou Upland Parcel, and install an Americans with Disabilities Act
compliant boardwalk on the tideland parcel, and construction on that project was completed in
January 2017; and
WHEREAS, this resolution authorizes City staff to move forward with the disposition of
the Manitou Upland Parcel, and to complete the transfer of ownership of this property from the
City to the BIMPRD; and
WHEREAS, this resolution also proposes that City staff pursue a boundary line
adjustment (BLA) to adjust the northern edge of the property, as depicted in Attachment C; and
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WHEREAS, the purpose of the BLA would be to provide a more appropriate buffer
between the public use on the City's site and the existing single-family home on the adjacent
property because the current boundary line between the parcels runs to the edge of the existing
home's deck and through the home's parking and turnaround area, and the owners of the
adjacent property (Tim and Jean Swanson) ("Swansons") have approached the City several times
since 2011 to discuss options to improve the buffer between the two properties; and
WHEREAS, the Swansons also hold an access easement running across the City's
property, which provides access to the Swansons' home from Manitou Beach Drive, and that
access easement will remain in place; and
WHEREAS, City staff believe that a more appropriate buffer between the Swansons'
home and the City property would be beneficial to both the Swansons and to public users of the
open space and, as shown in Attachment C, the adjusted boundary would provide a more
appropriate buffer for the Swansons' home, would place their existing parking area entirely
within their property, and would place an existing rock wall entirely on their property with space
for a person to walk around the wall (which is necessary for access to the Swansons' propane
tank); and
WHEREAS, the proposed BLA would result in a reduction of the size of the City's
parcel that is less than approximately 15% of the area of that parcel, and thus will have minimal
impact on the community's use of the remaining site and open space, and will result in mutual
benefits to the City and the Swansons; and
WHEREAS, in exchange for this BLA, the Swansons have agreed to pay the City an
amount equal to the appraised value of the property being sold, and to also pay all costs to
complete the appraisal and the required survey work; and
WHEREAS, the proposed BLA has been reviewed with and by staff from the BIMPRD,
which supports this action in order to provide clear delineation of the public access area and
private property; and
WHEREAS, the funds received by the City from the proposed sale of this portion of the
property would be used by the City according to the terms of the Open Space Bond covenants,
and one eligible use of the proceeds would be to support eligible project expenses for public
access improvements, such as those installed at Manitou Beach Drive, or at another recent
project at Fletcher Landing. Another option would be to reserve these funds for use in acquisition
of future open space property; and
WHEREAS, the Manitou Upland Parcel is surplus to the needs of the City; and
WHEREAS, upon transfer of ownership, it is understood that the BIMPRD will continue
to maintain and utilize the Manitou Upland Parcel for public park purposes in perpetuity and will
assume the costs of maintenance, operations, and improvement of the Manitou Upland Parcel,
thereby saving the City these expenses; and
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WHEREAS, the BIMPRD has expressed a desire to accept the Manitou Upland Parcel
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 declaration of surplus of the Manitou Upland Parcel and the proposed authorization
to transfer the property to the BIMPRD;
WHEREAS, the City Council finds that it is in the best interest of the City to declare the
Manitou Upland Parcel surplus and authorize its transfer to the BIMPRD; and
WHEREAS, in conjunction with the declaration of surplus of the Manitou Upland Parcel
and the transfer of that parcel to the BIMPRD, the City Council finds that it is in the best interest
of the City to pursue the BLA described above related to that upland parcel; and
WHEREAS, the City Council finds that it is in the best interest of the City to also
complete the transfer of ownership of the Manitou Tideland Parcel to the BIMPRD. Pursuant to
Resolution No. 2011-16, the Manitou Tideland Parcel was declared as surplus and the City
Council authorized City staff to transfer the property to the BIMPRD; and
WHEREAS, upon transfer of ownership, it is understood that the BIMPRD will maintain
and utilize the Manitou Tideland Parcel and the Manitou Upland Parcel for public park purposes
in perpetuity and will assume the costs of maintenance, operations, and improvement of these
parcels, thereby saving the City these expenses; and
WHEREAS, transfer from the City to the BIMPRD of the Manitou Upland Parcel and
the Manitou Tideland Parcel for public park purposes is in alignment with the BIMPRD's
mission and other property acquisition requirements and restrictions; and
WHEREAS, this resolution authorizes City staff to move forward with the disposition of
the City -owned property above described, and to complete the transfer of ownership of the
property from the City to the BIMPRD, and to pursue the related BLA and sale of a portion of
the subject property to adjacent property owners; now, therefore
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND,
WASHINGTON, DOES RESOLVE AS FOLLOWS:
1. The Manitou Upland Parcel, as legally described in Attachment A and as depicted
in Attachment B attached hereto, is hereby declared surplus to the needs of the City.
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2. It is in the best interest of the citizens of Bainbridge Island to transfer the Manitou
Upland Parcel to the Bainbridge Island Metropolitan Park and Recreation District (`BIMPRD")
to be used and maintained for public park purposes in perpetuity.
3. It is in the best interest of the citizens of Bainbridge Island to also effectuate the
transfer the Manitou Tideland Parcel to the BIMPRD to be used and maintained for public park
purposes in perpetuity.
4. The City is authorized by City policy and state law to proceed with such a
declaration of surplus and to authorize transfer of these properties to the BIMPRD. Authorization
for this action is set forth in multiple 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.
5. The transfer of the City's interest in the Manitou Upland Parcel and the Manitou
Tideland Parcel shall include a further condition that the parcels, or any portions thereof, shall
not be sold, transferred, or conveyed without the prior consent of the City.
6. The transfer of the Manitou Upland Parcel and the Manitou Tideland Parcel 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 Manitou Upland Parcel or the Manitou
Tideland Parcel, the title to said property shall revert to the City.
7. The transfer of the Manitou Upland Parcel and the Manitou Tideland Parcel 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 Manitou Upland Parcel and the Manitou Tideland Parcel, and such other
restrictions and covenants which are otherwise of record.
8. The City will retain any necessary access and utility easements on the Manitou
Upland Parcel and the Manitou Tideland Parcel, as applicable, at the time of their transfer to the
BIMPRD.
9. The City Manager is hereby authorized to take all necessary and appropriate steps
to transfer the Manitou Upland Parcel and the Manitou Tideland Parcel in accordance with
applicable federal, state, and local law, including executing all documents required to effectuate
the transfers.
10. In conjunction with the property surplus action and transfers above described, it is
in the best interest of the citizens of Bainbridge Island to also pursue a boundary line adjustment
(BLA) related to the Manitou Upland Parcel. The proposed BLA has been reviewed with and by
staff from the BIMPRD, which supports this action in order to provide clear delineation of the
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public access area and private property. If such a BLA occurs, and if the portion of the property
at issue is sold, the funds received by the City from the sale of this portion of the property will be
used by the City according to the terms of the Open Space Bond covenants. An eligible use of
the proceeds from such a BLA and property sale would be to support eligible project expenses
for public access improvements, such as those installed at Manitou Beach Drive, or to reserve
these funds to acquire future open space property.
11. The City Manager is also hereby authorized to take all necessary and appropriate
steps to pursue the above described BLA related to the Manitou Upland Parcel, which would
adjust the northern edge of the property approximately 25 -feet to the south, as depicted in
Attachment C, in accordance with applicable federal, state, and local law. If such a BLA occurs,
the City Manager is authorized to enter into an agreement with the owners of the subject
property, Tim and Jean Swanson ("Swansons"), whereby the Swansons, in exchange for the
BLA, shall pay the City an amount equal to the appraised value of the property being sold to the
Swansons through the BLA, and also pay all costs to complete the appraisal and the required
survey work.
PASSED by the City Council this 11 t' day of April, 2017.
APPROVED by the Mayor this I lth day of April, 2017.
ATTEST/AUTHENTICATE:
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2
ristine Brown, . Ierk
FILED WITH THE CITY CLERK: March 3, 2017
PASSED BY THE CITY COUNCIL: April 11, 2017
RESOLUTION NO. 2017-12
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ATTACHMENT A
Legal Description
Parcel #: 142502-3-109-2003
0.88 Acres (approx. 38,333 sq. ft.)
Resultant Parcel C per Boundary Line Adjustment recorded under Auditors File Number
200305220140 being a re-recording of Auditors File Number 200304210200 described as
follows:
That portion of Government Lot 4, Section 14, Township 25 North, Range 2 East, W.M., City of
Bainbridge Island, Kitsap County, Washington, described as follows:
Beginning at a point which is 761 feet South and 48.4 feet East of the Northwest corner of said
Government Lot 4, Section 14;
Thence South 140.00 feet;
Thence East 96.80 feet to the True Point of Beginning;
Thence West 96.80 feet;
Thence North 140.00 feet;
Thence East 193.60 feet;
Thence South to a point of the Northerly right of way of Manitou Beach Road NE;
Thence Westerly along said right of way to a point which bears South from the True Point of
Beginning;
Thence North to the True Point of Beginning;
SUBJECT TO and together with easements, restrictions, and reservations of record.
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UPLAND PARCEL
142502-3-109-2003
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140502-3-107-2005
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03-03-2017 ATTACH M ENT 8 CITY OF
DATE BAINSIUDGE ISLAND
PUBLIC WORKS
ENGINEERING
NUMBER Sec. 15, T.25N., R.2E., W.M. DEPARTMENT
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NUMBER Sec. 15, T.25N,, R -2L., W -M, �:i}t:oDEPARTMENT
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