RES 2001-10 SPARGUR LOOP ROAD PUBLIC ACCESS TO SHORERESOLUTION NO 2001-10
A RESOLUTION of the City Council of the City of Bainbridge Island,
Washington reaffirming the City's commitment to public access to the
shore of Hidden Cove (Port Madison) on Spargur Loop Road at
T'Chookwap Park.
WHEREAS, there was a location on Spargur Loop Road that members of the
public had used for access to Hidden Cove believing it to be public right of way, and
WHEREAS, one of the adjoining property owners, the Seattle Yacht Club also
claimed ownership of the same parcel of land, and
WHEREAS, the City and the Yacht Club agreed that the process to establish
conclusively whether it was right of way or not would be very expensive for each party,
and
WHEREAS, the outcome would be in doubt until such a legal process was
concluded, and
WHEREAS, the parties agreed that in lieu of legal process, each would release
its claim to the disputed property and the Yacht Club would pay a sum equal to its market
value to the City for the release of the City's claim, and
WHEREAS, the City used these funds and additional City funds, to purchase in
fee an adjoining parcel to assure undisputed public access to Hidden Cove (Port
Madison), and
WHEREAS, this parcel was subsequently named T'Chookwap Park and
transferred to the Bainbridge Island Park and Recreation District by separate agreement
for its maintenance and development, and
WHEREAS, some neighbors of the park have expressed interest in limiting the
type of public use and access of the park,
NOW THEREFORE, City Council of the City of Bainbridge Island does resolve
as follows:
1. T'Chookwap Park was purchased with general City funds from all the taxpayers of
Bainbridge Island.
2. Ownership of the property is vested in fee with the City, a public agency.
3. The sole purpose of the purchase was to establish clearly and indisputably the right of
the public to access Hidden Cove at that location.
4. Any development and use of the park must be open to all residents of Bainbridge
Island.
5. This Resolution shall be effective immediately upon its approval by the City Council.
PASSED by the City Council this 28`h day of February 2001.
APPROVED by the Mayor this 1" day of March 2001.
\1
Dwi t Sutton, Ma
ATTEST/AUTHENTICATE:
6tovti-
S Asan P. Kasper, City Clerk
FILED WITH THE CITY CLERK: February 23, 2001
PASSED BY THE CITY COUNCIL: February 28, 2001
RESOLUTION NO. 2001-10