HomeMy WebLinkAboutUS NAVY MONTGOMERY FARRAGUT
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ORDINANCE NO. ~.53/
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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-
$ 0 KITSAP COUNTY
9.0 CHCK
FILED-BY: BREMERTON CITY OF
JAN 5, 1996, 9:41 Nt
KAREN FLYNN, AUDITOR
CLERK: FREEMAN
A.F.#: 960~05005~
REEL 0892 FR 0783
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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 CSO 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,
this ;f~) day of {fLi:lJl~AJ , 1995.
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Approved this
\ a-
, President
1995.
w------
L. MCCLUSKEY
A.F._: 9601050051
REEL 0892 FR 0784
95039A
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EFFECTIVE DATE J,~ - 1- 9S
PU8L1CATION DATE /(}-~~ -9:j-
ORDINANCE NUMBER 4$1. ~/
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MEMORANDUM OF AGREEMENT
between
THE UNITED STATES OF AMERICA
and
THE CITY OF BREMERTON, WASHINGTON
REGARDING AN EXCHANGE OF PROPERTY RIGHTS
This MEMORANDUM OF AGREEMENT, entered into between the
UNITED STATES OF AMERICA, acting by and through the Department of
Navy, represented by the Engineering Field Activity, Northwest, Naval Facilities
Engineering Command, Poulsbo, Washington, hereinafter called "Navy" and the
CITY OF BREMERTON, WASHINGTON, hereinafter called "City";
WITNESSETH
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 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 aforementioned streets and alley ways and intends to acquire the City's interest
in said streets and alley ways pursuant to said Public Law, and
MOA USA/BREMERTON - PAGE ONE
DUPUCATI ORIGINAL
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WHEREAS, The City desires to reserve unto itself certain property interests
with respect to said real properties to be vacated, and
WHEREAS, The Navy has determined that allowing the City to locate a
Combined Sewer Overflow Structure on Navy property abutting the north side of
Farragut Street and the east side of Callow Avenue is not incompatible with the
Navy's interests, and
WHEREAS, The Navy and the City agree that a City water line and a City
sewer line require relocation outside of current City rights of way due to Navy
Projects in the area, and
WHEREAS, The City desires certain amendments to a 1950 Revocable
Permit to reconstruct a manhole and the storm drainage/combined sewer line on
Puget Sound Naval Shipyard property.
NOW THEREFORE, the Navy and City mutually agree as follows:
(1) The City shall vacate to United States of America the Rights of Way
Easements to streets and alley ways to include Montgomery Avenue between the
south side of 1st Street and Farragut Street and the corresponding alley ways
between Montgomery Avenue and Callow Avenue; Farragut Street between the
existing Charleston Gate of the Puget Sound Naval Shipyard and the east side of
Callow Avenue; Coontz Street between the east side of Callow Avenue and Puget
Sound Naval Shipyard; Rodgers Street between the east side of Callow Avenue and
the west side of Montgomery Avenue; and the aney way between Callow Avenue and
Wycoff Avenue bounded by Rodgers Street on the north and Farragut Avenue on the
south, all as depicted on Exhibit "A", attached hereto and made a part hereof; the
City excepting and reserving unto itself Perpetual Easements for existing public
utilities in said streets and alley ways as noted below:
(a) Farragut Street, between Canow Avenue and Montgomery Avenue:
72 inch storm drainage line, 24 inch combined sewer line, 54 inch overflow line, 42
inch overflow line, 42 inch combined sewer, 30 inch storm drainage lines, 12 inch
water distribution main, conduits for monitoring and sampling and associated
underground facilities.
(b) Rodgers Street, between Callow Avenue and Montgomery Avenue: 24
inch water transmission line, 30 inch pressure sewer line, 27 inch storm drainage
line, 8 inch catch basin line, 8 inch blowoff line, dual 30 inch combined sewer line,
and associated underground facilities
MOA USAlBREMERTON - PAGE TWO
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(c) Coontz Street, between Callow Avenue and Montgomery Avenue: 21
inch storm drainage line, 8 inch catch basin line, 42 inch combined sewer line and
associated underground facilities.
(d) Montgomery Avenue between Farragut Street and Rodgers Street: 72
inch storm drainage line, dual 3 foot by 6 foot box culvert and associated
underground facilities.
(e) Montgomery Avenue, between Rodgers Street and First Street: 72
inch storm drainage line, 24 inch water transmission line, 30 inch pressure sewer line
and associated underground facilities.
(f) Alley between Callow Avenue and Montgomery Avenue, from Rodgers
Street to First Street: 42 inch combined sewer line and associated underground
facilities.
(2) The Navy shall grant a perpetual easement, in the form of Exhibit "B"
attached hereto, approximately 55 feet by 35 feet, to the City for the Combined Sewer
Overflow Structure to be located on Navy property at the northeast corner of Farragut
Street and Callow Avenue.
(3) The Navy shall grant perpetual easements, in the form of Exhibit "B"
attached hereto, 20 feet wide (except as noted in 3(a) below) centered upon the
existing City sewer line for public utilities to be relocated onto Navy property as
noted below:
(a) Between the Combined Sewer Overflow Structure and Rodgers
Street on the east side of Callow Avenue a 42 inch combined sewer line and a dual 30
inch combined sewer line and associated underground facilities. Said easement
shall be restricted in width to the distance between the Navy Parking Garage pile
caps and the existing right of way for that portion of the easement which runs
adjacent to the Parking Garage.
(b) Along the north side of Rodgers Avenue between Callow Avenue and
the alley way between Callow Avenue and Montgomery Avenue a dual 30 inch
combined sewer line and a 42 inch combined sewer line and associated underground
facilities.
MOA USA/BREMERTON - PAGE THREE
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(4) The Navy shall amend their 1950 agreement (Number NOy(R) - 45221) to
allow the City to reconstruct the existing manhole and storm drainage/combined
sewer lines with a new 144 inch manhole, and a new 54 inch storm
drainage/combined sewer line and existing connections on Puget Sound Naval
Shipyard property which will tie into the existing 54 inch sewer line included in said
agreement.
(5) In consideration of the benefits to the Navy from the City project, and
subject to a Finding of Suitability for Transfer pursuant to the completion of an
Environmental Baseline Survey, The Navy agrees to grant a perpetual easement, in
the form of Exhibit "B" attached hereto, to the City for a new 84 inch storm drainage
line to be placed in the parking lot of the Puget Sound Naval Shipyard northwest of
Mooring G. The specific location and design shall be subject to Navy approval. The
City agrees to make application for said easement in accordance with standard Navy
procedures dealing with the granting of easements, which include the preparation of
a legal description and a record of survey map.
(6) The Navy and City agree that the rights to be exchanged pursuant to this
Agreement are deemed to be of equal value and shall constitute the entire
consideration for the rights to be granted. No other fees or charges shall be charged
by either party to grant the rights described herein.
(7) The Navy and City agree to exercise their best efforts to insure that the
rights described herein are granted in a timely manner sufficient to meet the
schedules of both parties. The City shall vacate the streets and alley ways to the
Navy upon completion of the construction of the City's utility projects within these
rights of way. The parties contemplate that the exchange of rights described herein
shall be completed by December 1995.
MOA USA/BREMERTON - PAGE FOUR
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DATED: ~D h.~ \'is
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gV~~FORM:
IAN SI~RS
City Attorney
ATTEST:
~-<--~ ~(O..
KATHLEEN McCLUSKEY
City Clerk
DEC e 1 1995
DATED: .
---L---
co
Commander
Puget Sound Naval Shipyard
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r:l10VED AS~RM:
()/AA/! e 'd44.-t~~t;;>
DARYL C. DfwSON
Counsel
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THE CITY OF BREMERTON,
WASHINGTON
BY:~ ..;J . Ji
YNN HORTON
Mayor
THE UNITED STATES OF
AMrA
By: ~~\-
JAMES F . BRYANT
Real Estate Contracting Officer
MOA USA/BREMERTON - PAGE FIVE
SEC. I~ SEC. 14 '
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EXHIBIT IIBII
GRANT OF EASEMENT
THIS INDENTURE, made the day of ,1995
between the United States of America, herein called the Government, acting through the Department
of the Navy, and the City of Bremerton, Washington, herein called the Grantee.
WHEREAS, the Government owns that certain real property identified as the Puget Sound Naval
Shipyard, herein called the Station; and
WHEREAS, the Grantee has requested an easement for the construction, installation,
operation, maintenance, repair, and replacement of public utilities (to be described) in that portion of
the station hereinafter described; and
WHEREAS, the Secretary of the Navy has found that the grant of such easement on the terms and
conditions hereinafter stated is not incompatible with the public interest;
NOW THEREFORE, this indenture witnesseth that, in consideration of mutual benefits to be derived
by the parties hereto, the Government hereby grants to the said CITY OF BREMERTON, WASHINGTON
and their representatives and assigns, in perpetuity, an easement for the construction, use, operation, and
repair of said public utilities described herein in that portion of the Station hereinafter called the Premises,
and described as follows:
TO BE DESCRIBED
All as shown on a map marked "Exhibit A," attached hereto and made a part hereof.
THIS EASEMENT is granted subject to the following terms and conditions:
1. All work in connection with the construction, installation, operation, repair, and replacement of
the public utilities described herein shall be done without cost or expense to the Government, and in
accordance with plans previously approved by the Commanding Officer ofthe Engineering Field Activity,
Northwest, Naval Facilities Engineering Command.
2. The Grantee shall maintain the Premises in good condition at all times and shall promptly make all
repairs thereto that may be necessary for the preservation of the condition of the Premises and the continued
operation and maintenance of the public utilities described herein.
3. The Grantee's rights hereunder shall be subject to such reasonable rules and regulations as may be
prescribed by the Government to assure that the exercise of such rights will not interfere with Government
activities at the Station.
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AGENDA BILL
BREMERTON CITY COUNCIL
PUBLIC HEARING
1. SUBJECT: PSNS Expansion Area
street Vacation Ordinance4ljJ3/ and
Memorandum of Agreement on
Exchange of Property Rights
O<...~~'e-"<'" \ g) ~<1'tS
FOR AGENDA OF: October -11, 1995
ORIGINATING DEPT: PUbli,c worksjutil!.ooo> .~\
ORIGINATOR: R. Witt, City Engr.~
DATE SUBMITTED: September 5, 1995
---------------------------------------------------------------------------
2.
(comment on back
if necessary)
3. EXHIBITS:
Ci t . orney
~~
iscal & Budget Committee
Operations committee/~~ ~
ENDORSEMENT~INFO~~---APPROVED BY COUNCIL PRESIDE~ FOR SUBMITTAL:
~~~~-~--~~-------------_:~~:::_:~~~:~~~:~~
4 . SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION:
The Navy has requested the City to vacate portions of Farragut Street,
Rodgers Street, Coontz Street, Montgomery Avenue and alleys in the PSNS
expansion area (see attached drawing). The Navy, as a Federal agency, is not
required to compensate the City for the vacated right-of-way pursuant to
State law. However, staff has negotiated with the Navy to provide
compensation in the form of a permanent easement for the new CSO structure
and the new. 84 inch stormwater outfall line, and a modification to the
existing 1950 agreement for modifications of the CSO outfall. The attached
memorandum of agreement (MOA) details the vacated rights-of-way, withheld
easements for existing utili ties and new easements. Staff recommends
concurrent approval of the MOA and reading of the vacation ordinance.
)
1.
2.
3.
Drawing of Vacations
Vacation Ordinance
Memorandum of Agreement
between Navy & City
8. RECOMMENDATION:
1. 'flit:: c~ ty Cor.u.cil authorize aHa t:iirC!ot tho Mayor to QXQC'ltl? th~ :.l"'t~HJhQd
MemoraHdum ef Aqreement between the City aHa thc Na~~1 rcqardinq thc cxchaH~c
of ptope~ty ri~t3.
2. The city Councb~~~p'pre~o OR fir~t rl?agi~) (pass on second reading) the
attached Ordinanc:fEf~Ating portionS of Farragut Street, Rodgers Street,
Coontz Street, Montgomery Avenue and the alleys in the PSNS expansion area.
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
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PULLED
TABLED
10. NOTICE OF ACTION
APPROVED ~ DISAPPROVED
AMENDED
COUNCIL DIRECTIVE:
DATE:
11. AGENDA BILL NO:
q S- - 22 7
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2 . CLEARANCE COMMENTS:
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5. IMPACT OF NON-PASSAGE:
The City will not vacate the streets in the PSNS expansion area. It is
anticipated that the Navy will then use their powers of condemnation to
acquire the land.
6. IMPACT ON STAFFING. BUDGETS. FACILITIES, EOUIPMENT AND OTHER RESOURCES:
None
7 . RESEARCH SOURCES:
95034
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