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HomeMy WebLinkAbout4531 ORDINANCE NO. AN ORDINANCE approving the vacation of portions of Montgomery Avenue, Farragut Street, Coontz Street, Rodgers Street, the alley bounded by Callow Avenue, Montgomery Avenue, First Street and Farragut Street and the alley bounded by Wycoff Avenue, Callow Avenue, Rodgers Street and Farragut Street. WHEREAS, the Navy is authorized by Public Law 101-510 to acquire certain real properties adjacent to the Puget Sound Naval Shipyard on behalf of the United States of America for Military Purposes, and WHEREAS, the Navy has complied with the National Environmental Policy Act through preparation of an Environmental Impact Statement and a Record of Decision which was published in the Federal Register on March 10, 1992, and WHEREAS, the City, being a subdivision of the State of Washington is authorized by Title 35 Revised Code of Washington to to vacate streets and alley ways to the owners of interest of real property abutting these streets and alley ways, and WHEREAS, the City holds certain Rights of Way Easements in the Navy expansion area, and WHEREAS, the United States of America owns all real properties abutting the herein streets and alley ways and intends to acquire the City's interest in said streets and alley ways pursuant to said Public Law, and WHEREAS, the City desires to reserve unto itself certain property interest with respect to said real properties to be vacated, and WHEREAS, the City and Navy agreed to exchange certain property rights as compensation for the street vacation, WHEREAS, the City Council passed Resolution No. 2527 initiating vacation pursuant to RCW 35.70.010 and setting a hearing date for said vacation; and WHEREAS, the hearing was duly noticed to abutting property owners and posted according to RCW 35.79.020 and written protests from fifty percent or more of abutting owners have not been filed with the City; and NOW THEREFORE BE IT RESOLVED BY THE BREMERTON CITY COUNCIL, that (1) The City shall vacate to United States of America the streets and alleys listed below: --1-- A. Montgomery Avenue between the south side of First Street and Farragut Street; B. Farragut Street between the existing Charleston gate of the Puget Sound Naval Shipyard and the east side of Callow Avenue; C. Coontz Street between the east side of Callow Avenue and Puget Sound Naval Shipyard; D. Rodgers Street between the east side of Callow avenue and the west side of Montgomery Avenue; E. the alley way between Montgomery Avenue and Callow Avenue bounded by First Street on the north and Farragut Street on the south; and F. the alley way between Callow Avenue and Wycoff Avenue bounded by Rodgers Street on the north and Farragut Street on the south as depicted on Exhibit A attached hereto. (2) The City shall reserve unto itself perpetual easements for existing public utilities in said streets and alleys. (3) The City shall receive as compensation for the street and alley vacation, perpetual easements for the new ceo structure at the northeast corner of Callow Avenue and Farragut Street and the new 84 inch stormwater outfall line near the Missouri Gate, and a modification to the existing 1950 agreement for modifications to the existing outfall as set forth in the attached hereto Exhibit "a". (4)The Mayor is authorized to execute said Memorandum of Agreement. (5) This Ordinance shall become effective on November 1, 1995 PROVIDED, that the City has received a fully executed Memorandum of Agreement from the Navy. ADOPTED by the City Council of the City of Bremerton, day of ~'~/~ , 1995. this -~HERRIL H~FF~NEE~, President Approved this ~ h~_day of ~~cF 1995. . LYNN S. HORTON, Mayor A : ~ A.F. #: ':;'~::~05[~ MCCLUSKEY RIEEL 1~92 FR 0784. 95O39A -2- EFFECT)VE DATE ?U~L(CAT)ON DATE /m~ O~!~ANOE NUMBER