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Home My WebLink About2993 RESOLUTION NO. 2993 A RESOLUTION of the City Council of the City of Bremerton, Washington, declaring certain park property surplus to the City's needs and approving a possible sale and change in the use of the property in accordance with the provisions of BMC 13.12.030. WHEREAS, City staff has requested that park property commonly known as the Warren Tennis Courts and the Community Center, located at 1109 Warren Avenue, be surplused pursuant to Chapter 13.12 BMC because the property is underutilized and the portion of the park consisting of the Community Center may need to be removed or demolished for transportation improvements; and WHEREAS, the Parks Board of the City of Bremerton has been consulted and has issued an advisory report supportive of the proposed change in use and sale of this property; and WHEREAS, the City Council has evaluated the advisory report of the Parks Board and finds that the property's value for serving park and recreation needs has diminished and the property is no longer suitable for use as a park; and WHEREAS, the City Council has leased the Community Center to Camp Fire USA Central Puget Sound Council, and Girl Scouts - Totem Council ("Camp Fire/Girl Scouts"), the current tenants of the Community Center, while the City is planning for the right-of-way improvements but for a period not to exceed three years. WHEREAS, the City Council desires to defer further consideration of surplusing the portion of the park generally upon which the Community Center is located until the City's plan for the right-of-way improvements can be further reviewed; and WHEREAS, the City Council desires to surplus that portion of the park property generally upon which the tennis courts are located, subject to an easement granted to Camp Fire/Girl Scouts, as legally described in Exhibit A and as shown in the site plan attached as Exhibit B; and WHEREAS, pursuant to BMC 13.12.030, public hearings were held on AprilS, 2006, April 19, 2006 and June 7, 2006 relating to the proposed surplus, change in use and sale of the property; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: 1 Surplus and Sale of Park Property SECTION 1. The City Council finds and concludes that portion ofthe park property generally upon which the tennis courts are located, subject to an easement granted to the Camp Fire/Girl Scouts, as legally described in Exhibit A and as shown in the site plan attached as Exhibit B, is hereby declared surplus to the City's needs and is no longer suitable for use as a park, play field, open space or recreational activity. SECTION 2. The Mayor is hereby authorized to market the property for sale as deemed appropriate. SECTION 3. The net proceeds from the sale of the above-mentioned property will be used to improve parks and recreation facilities. SECTION 4. Severabilitv. If anyone or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 5. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. day of Cfu PASSED by the City Council of the City ofBremerlon, Washington this ~ . ~v ,2006. ~~ . CECIL McC A. LUBOVIC~ APPROVED AS TO FORM: R:\Legal\Legal\Files\Current Active Files\11 09 Warren (Campfire-Girl Scout)\Surplus and Sale Resolution I.doc 2 Surplus and Sale of Park Property EXHIBIT "A" PARCEL A: THAT PORTION OF THE FOLLOWING DESCRIBED PROPERTY LYING NORTH OF 11TH STFfEET AND SOUTH OF 12TH STREET, BEING A PORTION OF LOTS 2 AND 3, TBACT 8, WARREN SMITH'S ACRE TRACTS, ACCORDING TO PLAT RECORDED IN VOLUME 2 OF PL,',TS, PAGE 51, iN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: ' COMMENCING AT A POINT 834.85 FEET WEST OF THE QUARTER SE(;TION CORNER ON THE EAST LINE OF SECTION 14, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY , WASHINGTON; THENCE NORTH 190 FEET; THENCE WEST 139 FEET TO EAST MARGIN OF BROADWAY; THENCE SOUTH 190 FEET; THENCE EAST 139 FEETTOTH~ POINT OF BEGINNiNG. PARCEL B: , , , , ' " ,', THAT PORTION OF THE FOLLOWING DESCRIBED PROPERTY LYING NORTH OF 11TH STREET AND SOUTH OF 12TH STREET, BEING A PORTION OF LOTS 1 AND 2, TR!),CT8';'WARREN SMITH'S"";'" ACRE TRACTS, ACCORDING TO PLAT RECORDED IN VOLUME 2 OF PLhTS~ PAGE 51, IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: , BEGINNING AT A POINT ON THE WEST MARGIN OF WARREN AVENUE ';':;9 FEET NORn~ OF YHE NORTHEAST CORNER OF BLOCK 3, DIETZ'S ADDITION TO THE TOWN OF BREMERTON; ACCORDING TO PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE ~:1, m KITSAP COUN'rV, ,WASHINGTON; THENCE WEST 139.25 FEETTOA POINT MIDWAY BETV'l:tENTHE WESTMARGIN OF WARREN AVENUE AND THE EAST MARGIN OF BROADWAY AVE; nn;:NCE NORTH ON SAID LINE 319.07 FEET TO THE SOUTH MARGIN OF 12TH STREET; THENCE E!;,;:iT 138.89 FEE7TO THE SOUTHWEST CORNER OF 12TH STREET AND WARREN AVENUE; THE?1:CE SOUTH 320.5 FEET TO THE POINT OF BEGINNING; EXCEPT WARREN AVENUE. PARCEL C: THAT PORTION OF THE FOLLOWING DESCRIBED PROPERTY LYING NORTH OF 11TH STREET AND SOUTH OF 12TH STREET, BEING A PORTION OF LOT 3, TRACT 8, VfJ\.RREN SMITH'S ACRE TRACTS, ACCORDING TO PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE 51, IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 973.77 FEET WEST OF THE QUARTER SECTION GORNER ON n:E EAST LINE OF SECTION 14, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON; THENCE NORTH 191) FEET; THENCE WEST 50 FEET; THENCE SOUTH 190 FEET; THENCE EAST 50 FEET TO POINT OF BEGINNING; EXCEPT THAT PORTION LYING WITHIN THE WEST 80 FEET OF SAID LOT 3: Page 1 of' 2 EXHIBIT A EXCEPT THE FOLLOWING WHICH IS EXCLUDED FROM PARCELS A. BAND C A portion of the right of way for W arren Avenue, being a part of Lots 1, 2, and 3 of Tract 8, of the Plat of Warren Smith's Acre Tracts, as recorded in Volume 2 of the book of plats, Page 51, records of Kitsap County, Washington, situate in the southwest quarter of the southeast quarter of the northeast quarter of Section 14, T. 24 N., R. 1 E., Willamette Meridian, Kitsap County, Washington, more particularly described as follows: Beginning at the east quarter comer of said Section 14 and an existing monument in case, thence along the south line of said northeast quarter of Section 14, N 88025'05" W 665.47 feet to the southeast comer of said southwest quarter of the southeast quarter of the northeast quarter, also being an existing monument in case; thence N 20048' 10" W 205.62 feet to the intersection of the southerly right of way of lih Street and the westerly right of way of Warren Avenue, also being the True Point of Beginning; thence along said westerly right of way, S20032' 19"W 113.24 feet; thence SOl 001 '26" W 15.40 feet to the intersection of the said westerly right of way with the northerly right of way of 11th Street; thence leaving said westerly right of way, S88058'34"E 44.02 feet; thence on a curve to the left, the center of which bears N14021 '03"W 29.95 feet, through an angle of 70024'14", an arc distance of 36.80 feet; thence Nl045'48"E 95.19 feet to the intersection of the said southerly right of way of 12th Street extended; thence along said extension, N88020'16"W 29.34 feet to the True Point of Beginning. AND SUBJECT TO An easement for use, over and upon a portion of said Tract 8 described as follows: Beginning at the east quarter comer of said Section 14 and an existing monument in case, thence along the south line of said northeast quarter of Section 14, N 88025'05" W 665.47 feet to the southeast comer of said southwest quarter of the southeast quarter of the northeast quarter, also being an existing monument in case; thence N 20048'10" W 205.62 feet to the intersection of the southerly right of way of 1ih Street and the westerly right of way of Warren Avenue, also being the True Point of Beginning; thence along said westerly right of way, S20032' 19"W 113.24 feet; thence leaving said westerly right of way, N 01053'43" W 107.15 feet to the intersection with said southerly right of way of 12th Street; thence along said southerly right of way, S88020' 16"E 36.20 feet to the True Point of Beginning. (Said easement for use to be rescinded and extinguished with termination of lease) Page 2 of 2 "'i""~ i f .....J m"'~=,"m".!..~".."I,I.. . I' . I I l...... [-........ t. I . 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BO' ar ~CT 3 ":ij:'f'i!S ':.~:"''''~':: ~.. ~,. l\' ,,,,~,, << ~~~:~~. ;~i ~~ r."Y. I..J I",' I h,:; c~ 1:{t4+---1 ~ ~ - PROPO!tO EASCME:NT MEA - PROPOSED \LASt AAt4 CIr.O FIlL: T:VROJ[Cn\lOO2\c.s-IoW.l\OWC\!\.IIWr'r,CWC By Dot. SeD/it , -.ZO' Oat. Surv~yed Drawn Cheeked Approved Ace! t.d CITY OF BREMERTON I'IIIIUC WOMB. rrn/JT7ft DIOf1taRIHQ DIVlIlItHf 3bn Of. t'lfMllt DI/lW IIIfEJI81TON, WA. .,3fO 0'OW/"9 Number SlItef_o'_ i I I ':'l:~I~t}; n;!}.~I'-~ ~ I ~ ", ..1/.fJ....<.. . c('~tJ' . ~ .- CrNTE~LlNr or SECTION 14 -... . I .......... -1 D<HI6IT rOR LEASE Of A PORTION Of THE PLAT OF WARREN SMITH'S ACRE TRACTS (AS RECOROEO IN VOL 2, or '!)jE BOO~ or PLATS, PC. 51 SITUATE IN SEC. 14, T. 24 N., R. 1 E., W.M. ~IT'SAP COUNTY, WASHINcrON ~<ci t:s (.~ ~~ I :~ l~;~ . co 0- I SB9'25'05'[ -&&5.47' (H[AS.) S96'2&'H'C -665.34' (HAYNrR.) I I ,S d Q..; "- "'td Qj 'E-o o;u v cn~ ~ d 'E ...Q.. .~ +~ <(,.....c -OJ =i (j) to.