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HomeMy WebLinkAbout4577 ORDINANCE NO. 5Z ~'~7 7 AN ORDINANCE authorizing the purchase of properties through condemnation for the purpose of expanding Evergreen Park. WHEREAS, the City has adopted the Evergreen Park Master Plan calling for acquisition of addition property surrounding Smith's Cove for park use; WHEREAS, has retained a consultant to study environment remediation costs associated with the park acquisition and wishes to proceed with acquisition of properties designated in the Master plan should the project prove feasible, now therefore, THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. Necessity for condemnation. The City finds that it is necessary to acquire those parcels identified in the Evergreen Park Master Plan for use as additions to Evergreen Park as more fully described in Exhibit "A" attached hereto and incorporated by reference herein. Section 2. Condemnation. The City shall proceed to condemn those parcels set forth and legally described in Exhibit "A". The Mayor is authorized to negotiate purchase agreements in lieu of condemnation subject to final approval by the City Council. Section 3. Funding. The City shall pay the cost of the condemnation from the Roosevelt Field Replacement Fund 622. Section 4. Effective Date. This ordinance shall take effect ten (10) days from passage and publication. APPROVED by the City Council of the City of Bremerton this ~ day 1996. PASSED by the City Council of the City ofBremerton this,~ day o _f~,~/~996. JOH~Z~'~AW, Council President APPROVED thi~ay of. (~~b{_~ 1996. LYNN HORTON, Mayor ATTEST: ~-- - EFFECTIVE DATE /o~- .~'- ~d~ ,k/ATHI~EN ~USKEY, City Clerk PUBLICATION DATE ,'/-.~ ~- ~ ORDINANCE NUMBER E-green Ord - Ordinance Disk 2 - 11/7/96 THAT PORTION OF BAY VIEW ADDITION TO THE TOWN OF BREMERTON, ACCORDING TO PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE 58, RECORDS OF KITSAP COL%TI"f, WASHINGTON, DESCRIBED AS FOLLOWS: ALL OF LOT 4, THE NORTH 6 FEET OF LOT 5, ALL OF LOT 6 AND ALL OF LOT 7, EXCEPT THE SOUTH 30 FEET THEREOF OF BLOCK 5; LOTS 1, 2 AND 3 OF BLOCK 6; ALL OF BLOCK 4; EXCEPT FROM LOT 1 BLOCK 6, AND BLOCK 4, THE TWO PARCELS OF LAND DESCRIBED AS FOLLOWS: EXCEPTION A: BEGINNING AT THE SOUTHEAST CORNER OF SAID BLOCK 4; THENCE WESTERLY ALONG THE SOUTH LINE OF BLOCK 4 TO A POINT WHERE A LINE DRAWN PARALLEL WITH AND 30 FEET DISTANT FROM THE EASTERLY LINE OF SAID BLOCK 4 WOULD INTERSECT SAID SOUTH LINE; THENCE NORTHWESTERLY PARALLEL WITH AND 30 FEET DISTANT FROM SAID EASTERLY LINE A DISTANCE OF 200 FEET, MORE OR LESS, TO A POINT INTERSECTING THE WEST LINE OF SAID LOT 1, BLOCK 6; THENCE NORTHERLY ALONG SAID WEST LINE A DISTANCE OF 175 FEET; THENCE NORTH 62° EAST 250.00 FEET MORE OR LESS, TO THE WATERS OF PUGET SOUND; THENCE SOUTHERLY ALONG THE SHORE TO THE SOUTHEAST CORNER OF SAID BLOCK 6; THENCE IN A SOUTHWESTERLY DIRECTION ALONG THE SOUTHERLY LINE OF BLOCK 6 TO A POINT ABOUT 14 FEET NORTHEASTERLY OF THE NORTHEAST CORNER OF BLOCK 4; THENCE SOUTHERLY ALONG THE STREET TO AN INTERSECTION OF THE EAST LINE OF SAID BLOCK 4; THENCE ALONG SAID EASTERLY LINE OF BLOCK 4 TO THE POINT OF BEGINNING. EXCEPTION B: ALSO EXCEPT BEGINNING ON THE SOUTH LINE OF BLOCK 4 AT A POINT WHERE A LINE DRAWN PARALLEL WITH AND 30 FEET DISTANT FROM THE EASTERLY LINE OF SAID BLOCK 4 WOULD INTERSECT THE SOUTH LINE; THENCE NORTHERLY PARALLEL WITH AND 30 FEET DISTANT FROM SAID EASTERLY LINE OF BLOCK 4, 140.4 FEET; THENCE SOUTHERLY 123.52 FEET, MORE OR LESS, TO A POINT ON THE SOUTH LINE OF SAID BLOCK 4 A DISTANCE OF 41.17 FEET WEST OF THE POINT OF BEGINNING; THENCE EAST TO THE POINT OF BEGINNING. ALSO EXCEPT FROM LOT 3, BLOCK 6, THE FOLLOWING: BEGINNING AT AN ANGLE POINT ON THE GOVERNMENT MEANDER LINE, SAID POINT BEING ON THE WEST MARGINAL LINE OF WATER STREET, AS SHOWN BY ALL HARBOR AREAMAPS; THENCE FOLLOWING GOVERNMENT MEANDER LINE NORTH 33°34' WEST 264.18 FEET; THENCE IN A NORTHEASTERLY DIRECTION ALONG THE NORTHWESTERLY LINE OF LOT 3 BLOCK 6, A DISTANCE OF 300.00 FEET; THENCE SOUTH TO A POINT 50 FEET EAST OF THE POINT OF BEGINNING; THENCE WEST 50 FEET TO POINT OF BEGINNING; ALSO EXCEPT FROM ALL OF THE ABOVE DESCRIBED PROPERTY ANY TIDELAND INCLUDED THEREIN WHICH MAY BE OWNED BY THE STATE OF WASHINGTON AND WHICH WERE NOT INCLUDED IN THE STATE'S DEED RECORDED UNDER AUDITOR'S FILE NOS. 18561 AND 18562. EXHIBIT NO." , , /' LEGAL DESCRIPTION F, OR PUGET SOUND PONER & LIGHT DESCRIPTION: BEGINNING ON THE SOUTH LINE OF BLOCK 4, BAYVIEW ADDITION TO THE TOWN OF BREMERTON, ACCORDING TO PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE 58, RECORDS OF KITSAP COUNTY, WASHINGTON, AT A POINT WHERE A LINE DP~AWN PARALLEL TO AND 30 FEET DISTANT, MEASURED AT RIGHT ANGLES FROM THE EASTERLY LINE OF SAID BLOCK 4 WOULD INTERSECT SAID SOUTH LINE OF SAID BLOCK 4, RUNNING THENCE NORTH 37°49' WEST AND PARALLEL TO SAID EASTERLY LINE OF SAID BLOCK 4, 140.4 FEET; THENCE SOUTHERLY 123.52 FEET, MORE OR LESS, TO THE SOUTH LINE OF SAID BLOCK 4, TO A POINT WHICH IS 41.17 FEET WEST OF THE POINT OF BEGINNING; THENCE EAST 41.17 FEET TO POINT OF BEGINNING; ALSO THAT CERTAIN LAND SITUATE IN SAID CITY OF BREMERTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT THE SOUTHEAST CORNER OF BLOCK 4, SAID BAYVIEW ADDITION; THENCE WESTERLY ON THE SOUTH LINE OF SAID BLOCK 4, TO A POINT 30 FEET DISTANT FROM THE EASTERLY LINE OF SAID BLOCK 4, ALONG A LINE PERPENDICULAR TO SAID EASTERLY LINE OF SAID BLOCK; THENCE IN A NORTHWESTERLY DIRECTION PARALLEL WITH SAID EASTERLY LINE OF SAID BLOCK 4, ABOUT 200 FEET TO A POINT INTERSECTING WITH THE WEST LINE OF LOT 1, IN BLOCK 6; THENCE ALONG THE SAID WEST LINE OF SAID LOT 175 FEET; THENCE NORTH 62° EAST, 250 FEET MORE OR LESS TO THE WATERS OF PUGET SOUND; THENCE IN A SOUTHERLY DIRECTION ALONG THE SHORE TO THE NORTHEAST CORNER OF LOT 4, IN BLOCK 1; THENCE ALONG THE MEANDER LINE SOUTH 62° WEST TO A POINT ABOUT 14 FEET EAST OF THE NORTHEAST CORNER OF BLOCK 4; THENCE IN A SOUTHEASTERLY DIRECTION ALONG A STREET TO AN INTERSECTION OF THE EASTERLY LINE OF SAID BLOCK 4; THENCE ALONG THE SAID EASTERLY LINE OF BLOCK 4 TO THE POINT OF BEGINNING; ALL BEING IN BAYVIEW ADDITION TO BREMERTON, KITSAP COUNTY, WASHINGTON; LESS TWO CERTAIN TRACTS HERETOFORE SOLD AND CONVEYED TO THE OLYMPIC POWER COMPANY, DESCRIBED AS FOLLOWS: (a) BEGINNING AT A POINT 12 FEET SOUTH OF THE NORTHWESTERLY CORNER OF SAID TRACT SECOND ABOVE DESCRIBED, SAID CORNER BEING MARKED BY AN IRON BOLT NOW EXISTING; THENCE NORTH 43048· EAST 34 FEET; THENCE SOUTH 46012' EAST 34 FEET; THENCE SOUTH 43048' WEST 34 FEET AND THENCE NORTH 46012, WEST 34 FEET TO THE PLACE OF BEGINNING, CONTAINING .026 OF AN ACRE, IN WHICH THE CONCRETE FOUNDATIONS FOR THE STEEL TOWER OF THE OLYMPIC POWER COMPANY ARE NOW LOCATED. (b) BEGINNING AT A POINT ON THE EASTERLY LINE OF BLOCK 4, BAYVIEW ADDITION TO THE CITY OF BREMERTON, WHICH POINT IS NORTH 47049' WEST 86.5 FEET FROM THE SOUTHEAST CORNER OF SAID BLOCK 4; THENCE ALONG A LINE PERPENDICULAR TO SAID EAST LINE OF BLOCK 4, 30 FEET; THENCE ALONG A LINE NORTH 47°49' WEST PARALLEL TO THE SAID EASTERLY LINE OF BLOCK 4, 25 FEET; THENCE ALONG THE LINE PERPENDICULAR TO SAID EASTERLY LINE OF BLOCK 4, 30 FEET AND THENCE SOUTH 47049' EAST ALONG THE SAID EASTERLY LINE OF BLOCK 4, 25 FEET TO POINT OF BEGINNING.