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HomeMy WebLinkAbout2973 RESOLUTION NO. 2973 A RESOLUTION of the City Council of the City of Bremerton, Washington, reaffirming and ratifying Resolution No. 2971 approving boundary line adjustment and authorizing quit claim deeds to certain residential property owners adjacent to City property commonly known as the Capital Hill Fire Station and Forest Ridge Park. WHEREAS, City Council adopted Resolution No. 2971 on July 6, 2005, approving boundary line adjustment and authorizing quit claim deeds to certain residential property owners adjacent to City property commonly known as the Capital Hill Fire Station and Forest Ridge Park. WHEREAS, following adoption of Resolution No. 2971, it was determined that portions of the property proposed to by sold are park properties subject to BMC 13.12, which requires a recommendation from the Parks Board, two public hearings, and unanimous approval by the City Council in order to authorize the sale; and WHEREAS, a recent preliminary boundary survey of City property commonly known as the Capital Hill Fire Station and Forest Ridge Park revealed that the adjacent residential property owners have encroached onto City property; and WHEREAS, the size and location ofthe property encroached upon is situated between the residential properties and the current access road into the park and the property adds no value to nor is it suitable for use as a park, play field, open space or recreational activity; and WHEREAS, due to the potential sale of the Capital Hill Fire Station, a public dedication of the current road will be necessary for access to the park, which will segregate the properties from the park; and WHEREAS, the Parks Board has recommended sale of the park properties; and WHEREAS, public hearings were held on August 3, 2005 and September 28, 2005 to consider the proposed boundary line adjustments and sale of the properties; and WHEREAS, City Council desires to reaffirm and ratify Resolution No. 2971 approving boundary line adjustment and authorizing quit claim deeds in favor of the property owners in order to resolve the encroachment issue; and WHEREAS, the City will be compensated by each property owner receiving a quit claim deed for the value of the property based on the County's assessed valuation of the property; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: 1 Boundary Line Adjustments SECTION 1. The recitals set forth above are hereby incorporated as if set forth herein in full. SECTION 2. The park properties to be sold are surplus and are no longer suitable for use as a park, play field, open space or recreational activity by the Bremerton community. SECTION 3. Proceeds from the sale ofthe park properties shall be deposited in the Contingency Fund and designated for Parks and Recreation purposes subject to further City Council approval. SECTION 4. The approval of the boundary line adjustment and sale of properties including the park properties as approved in Resolution No. 2971 is hereby reaffirmed and ratified. SECTION 5. The Mayor is authorized to execute quit claim deeds and all other documents necessary to implement the boundary line adjustment and complete the property transfers. SECTION 6. Severability. If anyone or more sections, subsections, or sentences ofthis Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion ofthis Resolution and the same shall remain in full force and effect. SECTION 7. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington thisa1/;tAJ day of \()Jp/~J.tAJ ,2005. APPROVED AS TO FORM: ~R-f'~I;Y::~~ ATTEST: R:\LEGAL\Resolutions\Parks\Boundary Line Adjustmentsl.doc 2 Boundary Line Adjustments