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RES NO. 2019-09 RESCINDING PRIOR DECISIONS TO SURPLUS CERTAIN CITY-OWNED REAL PROPERTYRESOLUTION NO. 2019-09 A RESOLUTION of the City Council of Bainbridge Island, Washington, rescinding prior decisions of the City Council that declared surplus certain City -owned real property. WHEREAS, the City owns a 6.08 -acre parcel of real property in the Head -of -the - Bay area just south of Carmella Lane, which property is commonly known as the Myer's Pit and identified as Parcel No. 272502-2-016-2002; and WHEREAS, adjacent to the Myer's Pit, the City also owns a 6.2 -acre parcel of real property in the Head -of -the -Bay area, which property is commonly known as the Old Decant Facility and identified as Parcel No. 272502-2-050-2009; and WHEREAS, the City owns a 3.28 -acre parcel of real property located at 8964 Miller Road NE, which property is commonly known as the Miller Road Shed/Old County Road Maintenance Site and identified as Parcel No. 202502-1-049-2002; and WHEREAS, the City owns a 0.69 -acre parcel of real property at the intersection of Shepard Way NW and Weaver Road NW, which property is commonly known as the Weaver Well Property and identified as Parcel No. 272502-4-035-2005; and WHEREAS, the City owns a 14.39 -acre parcel of real property located off of Miller Road NE, which property is commonly known as the Lovgreen Property or Lovgreen Pit Site and identified as Parcel No. 092502-4-002-2006; and WHEREAS, on September 2, 2009, the City Council adopted Resolution No. 2009-24, which declared the Head -of -the -Bay Properties (i.e., Myer's Pit and the Old Decant Facility properties) to be surplus to the needs of the City and authorized the sale of the two properties if certain conditions specified in the resolution were met; and WHEREAS, on September 2, 2009, the City Council adopted Resolution No. 2009-20, which declared the Miller Road Shed/Old County Road Maintenance Site to be surplus to the needs of the City and authorized the sale of the property if certain conditions specified in the resolution were met; and WHEREAS, on September 2, 2009, the City Council adopted Resolution No. 2009-23, which declared the Weaver Well Property to be surplus to the needs of the City and authorized the sale of the property if certain conditions specified in the resolution were met; and WHEREAS, on August 10, 2011, the City Council adopted Resolution No. 2011- 16, which declared the Lovgreen Road Property (i.e., the Lovgreen Pit Site) to be surplus to the needs of the City and authorized the sale of the property if certain conditions specified in the resolution were met; and Page 1 of 6 WHEREAS, the Head -of -the -Bay Properties (i.e., Myer's Pit and Old Decant Facility properties), Miller Road Shed/Old County Road Maintenance Site property, Weaver Well Property, and Lovgreen Road Property (i.e., Lovgreen Pit Site) are legally described on attached and incorporated Exhibit A; and WHEREAS, since being declared surplus, the Head -of -the -Bay Properties (i.e., Myer's Pit and Old Decant Facility properties), Miller Road Shed/Old County Road Maintenance Site property, Weaver Well Property, and Lovgreen Road Property (i.e., Lovgreen Pit Site) have not been sold and remain City -owned real property; and WHEREAS, the City Council now desires to reconsider whether there are public uses for these properties and wishes to rescind its prior decisions declaring these properties to be surplus to the needs to the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND DOES RESOLVE AS FOLLOWS: Section 1. Resolution Nos. 2009-20, 2009-23, and 2009-24 are hereby repealed in their entirety and the City Council hereby finds and declares that the Myer's Pit, Old Decant Facility, Miller Road Shed/Old County Road Maintenance Site, and Weaver Well properties, which are legally described on Exhibit A, are no longer surplus to the needs of the City of Bainbridge Island. Section 2. The City Council hereby finds and declares that the Lovgreen Pit Site, legally described on Exhibit A, is no longer surplus to the needs of the City of Bainbridge Island. To the extent that Resolution No. 2011-16 conflicts with this resolution, this resolution shall control. Section 3. This resolution shall take effect immediately after its passage. PASSED by the City Council this 22nd day of January, 2019. APPROVED by the Mayor this 22nd day of January, 2019. By: ATTEST/AUTHENTICATE: By: Christine Brown, City Clerk, CMC Kol Medina, Mayor Page 2 of 6 FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. Attached: Exhibit A December 31, 2018 January 22, 2019 2019-09 (Formerly Resolution No. 2018-37) Page 3 of 6 Exhibit A Legal Descriptions o Real Property Myer's Pit (Head -of -the Bay) (Parcel No. 272502-2-016-2002) PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 25 NORTH, RANGE 2 EAST, W.M., KITSAP COUNTY, WASHINGTON DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE SOUTH 89°32'51" EAST 660.97 FEET, MORE OR LESS, TO THE NORTHEAST CORNER OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE SOUTH 0004'46" EAST 729.50 FEET; THENCE NORTH 88°18'40" WEST 297.12 FEET; THENCE SOUTH 1021'20" WEST 112.11 FEET; THENCE SOUTH 66040'20" WEST 162.82 FEET; THENCE NORTH 74049'30" WEST 219.64 FEET, MORE OR LESS, TO THE SECTION LINE; THENCE NORTH 0°03'02" WEST 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 FILE NO. 8309270152; TOGETHER WITH AN EASEMENT FOR ROAD PURPOSES OVER AND ACROSS A STRIP OF LAND 30 FEET WIDE, THE CENTERLINE OF WHICH IS DESCRIBED 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" WEST 247.0 FEET, MORE OR LESS; THENCE NORTH 85025' WEST 492 FEET; THENCE NORTH 26050' WEST 120 FEET; THENCE NORTH 7°00' EAST 70 FEET, MORE OR LESS, TO ABOVE DESCRIBED COUNTY PROPERTY. Page 4 of 6 Old Decant Facility Head -of -the Ba (Parcel No. 272502-2-050-2009) TH PTN OF W1/2 SW1/4 NW1/4 DAF BAT NW COR OF SWI/4 NW1/4 TH S89*32'51E 315FT TH SO*00'02E 722.01FT TH S88* 18'40E 49. 38FT TO NW COR OF PRTY CNVYD TO ELMER SWEDINE BY DEED RECD SEPT 11 1961 UNDER AUD NO 754980 TH SI *21'20W 112.11FT TH S66*40'20W 162.82FT TH N74*49'30W 219.64 FT M/L TO W SEC LN TH NO*03'02W 850.75FT ALG SD SEC LN TO TPOB EXC N 15FT OF E 179.76FT ALSO EXC A STRIP OF LAND 30FT IN WIDTH FOR RD PURP CTRLN OF WH IS DAF BAT NW COR OF SWI/4 NW1/4 TH S89*32' 51E 660.97FT M/L TO NE COR OF W1/2 SW 1/4 NW1/4 TH SO*04'46E 729.50FT TH N88* 18'40W 312.12FT BEING TPOB OF 30FT STRIP TH S1*21'2OW 103.62FT TH S66* 40'20W 146.73FT TH N74*41'39W 95FT M/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 TGW ESMT OVER STRIP OF LAND 30FT WIDE FOR RD PURP CTRLN DAF BAAP 15FT W OF SE COR OF W1/2 SW1/4 NW1/4 TH NO*04'46W 247.0 FT M/L TH N85*25'W 492FT TH N26*50'W 120FT TH N7*00'E 70FT M/L TO ABV DESC CO PRTY Miller Road Shed/Old County Road Maintenance Site (Parcel No. 202502-1-049-2002) BEGINNING AT A POINT ON THE EAST BOUNDARY LINE OF SECTION 20, WHICH POINT IS 700 FEET NORTH OF THE ONE QUARTER SECTION POST ON THE EAST BOUNDARY LINE OF SECTION 20, TOWNSHIP 25 NORTH, RANGE 2 EAST, W.M., KITSAP COUNTY, WASHINGTON; THENCE RUNNING WEST 512 FEET; THENCE NORTH 22.50° WEST 223 FEET; THENCE NORTH 125 FEET; THENCE NORTH 820 EAST 390 FEET; THENCE SOUTH 119 FEET; THENCE EAST 209 FEET TO THE EAST BOUNDARY LINE OF SAID SECTION 20; THENCE SOUTH ALONG SAID BOUNDARY LINE 261 FEET TO A POINT OF BEGINNING. LESS 10 FEET ON NORTH END RESERVED FOR ROAD. SITUATE IN THE COUNTY OF KITSAP, STATE OF WASHINGTON. Weaver Well Property (Parcel No. 272502-4-035-2005) PT OF NW 1/4 SE 1/4 THE E 20OFT OF W 215FT OF S 20OFT OF NW 1/4 NW 1/4 SE 1/4 EX RD Page 5 of 6 Lonreen Pit lovgreen Proper (Parcel No. 092502-4-002-2006) THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 25 NORTH, RANGE 2 EAST, W.M., KITSAP COUNTY, WASHINGTON DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 9; THENCE NORTH 0011'22" EAST 495.25 FEET TO A POINT WHICH IS 834 FEET SOUTH OF THE NORTHWEST CORNER OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE SOUTH 89°48'34" EAST 200.00 FEET; THENCE SOUTH 35°31'56" EAST 607.49 FEET; THENCE SOUTH 89°58'42" WEST 554.69 FEET TO THE POINT OF BEGINNING; AND THAT PORTION OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 25, RANGE 2 EAST, W.M., KITSAP COUNTY, WASHINGTON LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT 100 FEET WEST OF THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 9; THENCE SOUTHEASTERLY TO A POINT 100 FEET EAST OF THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER TO THE TERMINUS OF SAID LINE; AND THE NORTH 100 FEET OF THAT PART OF THE FOLLOWING DESCRIBED TRACT LYING EAST OF THE COUNTY ROAD TRAVERSING SAID PROPERTY IN A GENERAL NORTHERLY AND SOUTHERLY DIRECTION, THAT IS TO SAY: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 25, RANGE 2 EAST, W.M., KITSAP COUNTY, WASHINGTON; THENCE SOUTH 214.50 FEET; THENCE EAST 884 FEET; THENCE SOUTH 26.50° WEST 394 FEET; THENCE EAST 606 FEET; THENCE NORTH 569.91 FEET; THENCE WEST 1320 FEET TO PLACE OF BEGINNING. 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