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HomeMy WebLinkAbout5296Contract Number Vendor. Sub�ect: Department: File Class Begin Date. End Date Review Date. Vault Date: 5296 JAMES E SKIRVING ESTATE MOU West 650 Pressure Zone Public Works LEG 12-1 2/27/2002 Comments: .�. , � IZ�z�� � 02 �/ �- 1Vlemorandum of Unde�standing Between the City of Bremerton and the James E Skirving Estate The Crty of Bremerton, Washmgton, a mumcipal corporation (Crty), and the James E Slcirving Estate (Estate) wish to set forth and record their mutual understandmgs regardmg alignment locations and easements for a water transmission mam and a water distribution mam across certa,�n parcels of land owned by the Estate, as follows 1 Proiect Understandin�: The Crty proposes to construct new pumpmg, storage and pipmg facilrties to serve the West Hills area, including property owned by the Estate The new facilities, known collectively as the "West 650 Pressure Zone" will be constructed in four pro�ect elements Booster pump station, reservoir, transmission ma.in and distribution main The locations of the various pro�ect elements are shown on Exhibit No 1, attached hereto and made a part hereof by reference The City intends to design and complete construction of the vazious proJect elements wrthm the 2001 — 2002 tune frame 2 Water Main Alignment: The transmission mam and distribution mains will be constructed on parallel alignments south of Werner Road to the proposed reservoir srte The Crty's plamm�g study for the West 650 Pressure Zone recommended that the mains be constructed along the alignment designated "Alignment A" on Exhibrt No 1 The Estate has requested that the Crty mstead construct the water mains along a different alignment, designated "Alignment B" on Exhibit No 1 The City hereby agrees to construct the water transmission and distribution mains along Alignment B, as requested by the Estate, on condrtion that easements for construction and operation are provided as described below The Crty and the Estate hereby agree that if geotechmcal and environmental mvestigahons of Alignment B mdicate the presence of adverse condrtions that would sigmficantly mcrease the cost of completmg design or construction, Alignment A, or another mutually agreeable alignment, will be considered 3 Permanent Easements: Permanent easements for construction and operation of the water mams will be needed along the preferred alignment, across parcels of land owned by the Estate The City has requested, and the Estate hereby agrees to provide, permanent easements thirty (30) feet in width across parcels 20-1-033, 20-1-006, 20-4-010, 20-4-007, 20-4-006 and 20-4-005 in the positions indicated on Exhibrt No 2, attached hereto and made a part hereof by reference The permanent easements shall be non-exclusive, but shall be provided for the pnmary purpose of utility operahons and maintenance, mcludmg ingress, egress and access Because completion of the proJect elements will benefit the Estate's lands by enablmg their development, and because the City is absorbmg the costs of desigrung and constructmg the booster pump station, reservoir and transmission main pro�ect elements, the Estate hereby agrees to donate the requested permanent easements to the Crty at no cost The City hereby agrees to develop, prepare and record the permanent easement documents at no cost to the Estate 4 Temporarv Easements: Temporary easements will be needed along the preferred alignment, across parcels of land owned by the Estate, for construction of the transmission and distribution water mams. The Crty has requested and the Estate hereby agrees to provide, addrtional temporary easements, twenty (20) feet m width, across parcels 20-1-033, 20-1-007, 20-4-009 and 20-4-008, in the posrtions mdicated on Exhibrt No 2 The temporary easements will be provided for any and all construction purposes that may become necessary for completion of the water transmission and distribution mains located wrtlun the permanent easements The Crty has requested the Estate to donate the temporary construction easements to the City at no cost, and the Estate hereby agrees to Page 1 of 2 11/17/O1 1Vlemorandum of Understanding Between the City of Bremerton and the James E Skirvmg Estate do so, for the reasons noted in paragraph 3, above The City hereby agrees to develop, prepare and record the temporary easement documents at no cost to the Estate Easement Gradin� & Surfacing: The City agrees to require its construction contractor to grade the easements to elevations and slopes consistent wrth existing grades and elevations ad�acent to them m recogrution that the Estate may establish a street r�ght of way at a future time The City further agrees to require rts construction contractor to protect the easements and surrounding lands agamst erosion and contammation durmg water main construction and for a penod not to exceed one year after construction is substantially complete Additionally, the Crty hereby agrees to place compacted crushed rock surfacing over the permanent easements as necessazy to provide access for the City's utilrty operations, maintenance and repair needs 6 Connections to Water Distribution 1Vlain: The Crty will mclude three six-mch diameter connections to the water distribution main, located at mutually agreed points along the mam wrtlun the boundaries of the parcels owned by the Estate, in the distribution mam design, these connections will be mcluded m the distnbution mam's construction costs In addition, the City will install four two-inch diameter standard meter connections (without meters) at locations indicated by the Estate, mstallation of these addrtional connections will be at the Crty's cost if completed dunng the water distribution mam's construction 7 Local Improvement District: Representatives of the Estate have mdicated their understanding that the City mtends to form a Uhlity Local Improvement District (ULID) to fund the construction cost of the water distribution mam that will serve land owned by the Estate as well as surrounding parcels m the West Hills area Water distriburion mam construction costs are estimated, at tlus hme, to total $780,000 The Crty will absorb ULID engmeermg and admmistrative costs m connection with the LID m accordance wrth rts established policies . ///?�� l , . � �fthorized Personal Representative ames E Skirving Estate �� l� �� d � Date D�rector, Pubhc Works Utilrties City of Bremerton Approved as to Form City Attorney Crty of Bremerton '?� Z7 O� Date Date Page 2 of 2 11/17/Ol