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HomeMy WebLinkAbout2959 \' RESOLUTION NO. ;)... q 5 q 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 sale of the property in accordance with the provisions ofBMC 13 .12.030. WHEREAS, the City has received an offer to purchase the park commonly known as SR3 Park and legally described in Exhibit A from Daniel and Jill Sullivan for $568,000, which sum is the fair market value ofthe property; and WHEREAS, the Parks Board ofthe City of Bremerton has been consulted and voted unanimously to support and recommend the proposed sale to the City Council; and WHEREAS, deed restrictions on the property limit the use ofthe property for park and recreation purposes and prohibit the sale except to another government agency; and WHEREAS, the National Park Service has indicated it will release the deed restrictions on the condition ofthe City purchasing a:ppropriate replacement property that will be covered by similar deed restrictions; and WHEREAS, 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, pursuant to BMC 13.12.030, public hearings were held on March 16, 2005 and March 23, 2005, relating to the proposed surplus and sale of the property; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council finds and concludes that the SR3 Park, legally described in Exhibit A 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 proceeds from the sale of the above-mentioned property will be set aside in a dedicated account for the purchase of appropriate replacement property authorized pursuant to BMC 2.78.040. SECTION 3. The Director of Parks and Recreation and the City Attorney are hereby authorized to finalize a purchase and sale agreement with substantially the same terms and conditions as set forth in the proposed agreement attached as Exhibit B authorizing the sale of the property to Daniel and Jill Sullivan. 1 Surplus and Sale of Park Property SECTION 4. The Mayor is authorized to execute any and all documents, including but not limited to statutory warranty deeds and real estate excise tax affidavits, necessary to complete the transaction. SECTION 5. Severa b ilitv. 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 ofthe remaining portion of this Resolution and the same shall remain in full force and effect. I SECTION 6. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. ~~SED by the City Council of the City of Bremerton, W ashington this~ day of ,2005. APPROVED AS TO FORM: ~ \. '- eM ATTEST: .~.- -- "'-~ \- ----~~~, ROGE A. LUBOVICH, City Attorne -----.. R:\LEGAL\Files\Current Active Files\SR3 - Real Estate Sale\Surplus and Sale Resolution.doc 2 Surplus and Sale of Park Property