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HomeMy WebLinkAbout10/02/02 AGENDA 239 4th Street · Bremerton, WA 98337 · Phone 1360) 478-5280 · Fax (360] 478-5251 BRIEF CITY COUNCIL MEETING & MONTHLY STUDY SESSION AGENDA OCTOBER 2, 2002 1. PRE-COUNCIL: 5:00 - 5:30 P.M. in Council Conference Room A. General Council Business 2. BRIEF CITY COUNCIL BUSINESS MEETING: 5:30 P.M. in Council Chambers A. Call to Order B. Pledge of Allegiance C. Final Vote on Conversion and Replacement of Property Conveyed for Park & Recreation Use (#AB02-176) - Public Headngs held September 18 & September 25 D. Adjournment of City Council Business Meeting 3. MONTHLY STUDY SESSION A. "TEN TRAITS OF AN EFFECTIVE LEADER - A PERSONAL LOOK" with Consultant Dale Freidig (Approximately 2-Hours) (This is an open meeting) Signed this 27th day of September 2002 ; / /;'/,,/2;' / .. ..... · CAROL ARENDS, COUNCIL PRESIDENT E-mail: citycouncil@ci.bremerton.wa.us · Web: www. ci.bremerton.wa.us AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT:Conversion and Replacement FOR AGENDA OF: IX'September 2002 of Property Conveyed for Park and ORIGINATING DEPT: Parks & Recreation Recreation Use ORIGINATOR: Jim Spencer DATE SUBMITTED: 10 September 2002 2. CLEARANCES: 3. EXHIBITS: (Commmt on back if necessary) ~'-'~ ~ _.----~--~greement Concerning Conversion and City ^ttomey:' ~~'~- '"' geplacement of Property Conveyed for F,scal & Budget Comnutt~~4/_~-.' ~ ¢~f~ -~//Park and Recreataon Use. ENDORS~q~T ~ON APPROVED nY COtr~CIL PR~SmigNT gOg SUBMITTAL: 4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION: A small portion (. 18 acre) of SR3 Park was encroached upon by the adjoining auto dealer. Since 6~ Street separates this portion of the park from the rest of the park, it has very limited usability from a parks' standpoint. The City advised the National Park Service (NPS) of the encroachment, and was advised to obtain an appraisal. The appraised value of $51,000 was received from the auto dealer in March of 2002. The requirement from the NPS was to purchase property of equal value to add to the park inventory in exchange for the property lost by this transaction. This ~xchange purchase is being pursued. In order to deed the property over to the car dealer, the attached agreement is required. Since the property is Parks Protection property pursuant to Chapter 13.12 BMC, two hearings and council approval is required prior deeding the property. Additionally, staffis requesting that the transaction be approved as a negotiated sale pursuant to BMC 2.78.030(e). 8. RECOMMENDATION: Following the 2~ hearing, move to; Approve the sale of the property to the "Pearce Family Living Trust" for $51,000 pursuant to the Parks Protection Code Chapter 13.12 BMC and as a negotiated sale pursuant to BMC 2.78.030(0 and authorize the mayor to executenthe attached agreement with the NPS to allow the tran.~fer of deed. f~'(4a~ 9. RESPONSIBLE OFFICIAL: JimSpencer ENFORCEMENT OFFICIAL: Jim Spencer EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED ~IEN~ COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL #: ~5)&-- 17~"' 2. CLEARANCE COMMENTS: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION (continued): 5. IMPACT OF NON-PASSAGE:, PropcrVy will not b~ sold to the auto dealer, and $51,000 received and set aside for purchase of replacement property will be returned. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: None 7. RESEARCH SOURCES: AGREEMENT CONCERNING CONVERSION AND REPLACEMENT OF PROPERTY CONVEYED FOR PARK AND RECREATION USE WHEREAS, on March 12, 1976 the Bureau of Outdoor Recreation acting for the Secretary of Interior, on behalf of the United States of America, granted the City of Bremerton, a political subdivision of the State of Washington a quitclaim deed to three parcels of land (Tracts I, II, and III) containing approximately 3.79 acres and located in Section 16, Township 24 North, Range 1 East, Willamette Meridian, and recorded in the Office of the Kitsap County Auditor as file number 1126171; and WHEREAS, on December 16, 1980, the City of Bremerton released and relinquished approximately one acre contained in Tract I to the United State of America by document recorded in the Office of the County Auditor as file number 1126171; and WHEREAS, in August 1998 the City of Bremerton, hereinafter called City, advised the National Park Service, hereinafter called NPS, as the successor to the Bureau of Outdoor Recreation of an encroachment of an adjoining automobile sales lot onto Tract III, a 0.18 acre parcel, including improvement of the property to the extent that it was impracticable for continued use for park and recreation purposes; and WHEREAS, City commissioned the preparation of appraisal reports in October 1998 and May 2002 on the value of Tract III for the purposes of providing for conversion and replacement of the property with property of similar market value and recreation utility; and WHEREAS, the October 1998 appraisal found the value of Iract III to be $51,000 and the May 2002 appraisal found the value of Tract III to be $53,000. WHEREAS, City negotiated and accepted an offer of $51,000 from the party responsible for the encroachment onto Tract III on March 13, 2002, and WHEREAS, the May 2002 appraisal was commissioned at the request of the NPS and General Services Administration to provide a current valuation for Tract III; and WHEREAS, City has unsuccessfully pursued the acquisition of replacement property adjoining a 30 acre park parcel located on Kitsap Lake; and WHEREAS, the terms and conditions of the deed restricts the use of the subject property for park and recreation purposes and prohibit the sale, lease, or assignment of the described property except to another eligible governmental agency approved in writing by the Secretary of the Interior; and WHEREAS, City continues to pursue the possible acquisition of alternate replacement properties adjoining park property on Kitsap Lake. WHEREAS, City on July 31, 2002 requested a release of the covenants and restrictions on Tract III to permit a transfer of interest to the party responsible for the encroachment onto Tract III, reserving the proceeds of this transaction for later investment in replacement property; and City of Bremerton, WA/National Park Service Page l of 3 Agreement for the Replacement of Property Transferred for Park Purposes WHEREAS, NPS permits similar delays of upto one year for the replacement of converted park property acquired or developed with Land and Water Conservation Fund grant assistance. NOW THEREFORE, in consideration of continuing efforts, City and NPS agree as follows; A. NPS, with the concurrence of the General Services Administration and the city's commitment to fullfilling B 1-5 below, shall execute a release of the covenants and restrictions affecting Tract III, described herein. B. . City, for consideration providing by NPS in A above, shall; 1. Diligently pursue the acquisition of replacement property adjoining park property on Kitsap Lake or other property reviewed and approved by NPS as providing equivalent or greater recreation utility. 2. Commission and submit to NPS for review and approval appraisals prepared in accordance with the Uniform Standards for Professional Appraisal Practice for proposed replacement property. 3. Within 240 days of the date of final approval of this agreement, acquire replacement property approved by NPS as having equal recreation utility with an appraised value not less than $53,000, the value of Tract III as determined in the May 2002 appraisal. 4. Establish a reserve account containing the proceeds frmn the disposal of Tract III plus an additional $2,000 to be used exclusively for the purchase of replacement property. 5. Following acquisition of approved replacement property, impose on behalf of the United States of America non-revocable covenants on replacement property or portions thereof with a value equivalent to Tract III as contained within the deed executed on March 12, 1976 by the Bureau of Outdoor Recreation acting for the Secretary of Interior, on behalf of the United States of America and recorded in the Office of the Kitsap County Auditor as file number 1126171. C. In the event City is unable to complete an acquisition as specified under item 4 of this agreement, City shall at the option of NPS surrender to the United States of America the proceeds of the reserve account as provided for in item B 4 of this agreement. D. This agreement may be modified by mutual consent of both parties. E. The agreement shall terminate upon the execution and recording of covenants and restrictions specified in item 6. City of Bremerton, WA/National Park Service Page 2 of 3 Agreement for the Replacement of Property Transferred for Park Purposes UNITED STATES OF AMERICA CITY OF BREMERTON By By Ray Murray Planning and Partnership Team Leader National Park Service, Pacific West Region Title Date Date City of Bremerton, WA/National Park Service Page 3 of 3 Agreement for the Replacement of Property Transferred for Park Purposes