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HomeMy WebLinkAboutUS NAVY MONTGOMERY FARRAGUT ,.. \' . ~ . ORDINANCE NO. ~.53/ . 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 . ~ --..... *r . . 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. I Approved this \ a- , President 1995. w------ L. MCCLUSKEY A.F._: 9601050051 REEL 0892 FR 0784 95039A -2- EFFECTIVE DATE J,~ - 1- 9S PU8L1CATION DATE /(}-~~ -9:j- ORDINANCE NUMBER 4$1. ~/ . 8 -, \ \ \ \ \ \ \ \ \ \ \ _--1 -, 'Il \ ~ 0 C) \ ~ } \ ~ \ C) :l:I '-I \ ~ ~ \ \ \J \ \ \ \ ~ ... !'I \ _--1 -, \ \ \ \ \ \ \ \ _-1 = , a 11: ,.JJ. ,AVe . sEe. lIS s~c. 14 . sEc.11 SEe. 6$ -I -I - -! - - ! I I 11 I - -- I . . , -. -. -I -I -, l .:J -, ..J COONTZ _~o _. .._ ..:b. . ... -- .. ,... .. -- -.. () -. .. .. -- - . -. - . .. - . . .. -) -i - -i .. .. -: -G~ 't- l . . -i - \ .. r .. \ -J -i .. -i \ -~ -- -i .. .. -i - ~ -: ~ . - .. 11\ .. -j -: .. -i . . . __I ~I -. . -, RaoGERS r-:~ "~) ,.. " -- =l -~ ,'- -; _ 111: -:' -@ - ~ ", If. -:: 1 -100\ II .- ~ - !:\-;; \!; ,..';:1 · .. _ 1.; -. ,- - -i - a -. i . -. -@ sl -j --;;. 1 -. FARRAGIJT ------ --- . ~ !J) :<: ~ , "'tI , I\:) ~ ." -. ~? ~:n . 0" ~~ ~~ -n~ 1jS 08 ~O\ a... e e 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 e e 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 e e (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 e e (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 e DATED: ~D h.~ \'is . 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 ~ r:l10VED AS~RM: ()/AA/! e 'd44.-t~~t;;> DARYL C. DfwSON Counsel e 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 ' SEC. tt SEC. t3 . lAVE. ,$ . ~ - -~ - -E " .. - -J: .. - -;: - -- "111 ~ - -;; t .. ~ - -- .. I . ~ - -i ~ : - -i - .~.., .. . . ~ -- -i :. i- -i -i ~ -- ~ ::l . ..- -i ~ - -a ;e - 'i - -i ~ ~ - ""! -\II l- -- -5 . - -Ii -- -i\ II' "\ \ \ \ \ \ \ \ \ \ \ \ -~ - - :\) ~ ~ ~ \ "'\J , ~ ~ COONTZ - t -- --; -. ..,.1 ... .. -- -.. -. -- .. -- --; ,...- -- -- -;;, ~ -. -- -; -- 0 -- .=4 -- "'j -- -. -- -i -- -; -- -~ -- -i -- -i -- .- -- -- -i -- ;:0 ~ - -1 l~'- ~ -; -~ .. -- .. - \ -~ -- .i -- -i -- \ -i -- -i -- -' ::t -- -i -- \ -i -- -a -- -Of . -- -i -- -i -- -~ -- .- ':: -- -a -- -i -- -i -- -i -- -i \ ~ J!) f"'" ~ -@ ~ -.., ~ _ @) ~ -. -@ II' -@ ~ -. -@ --, ~ \ '"( ('\ <::> ~ \ ~ \ :it. \ <::> ~ \ ~ ~ \ '\ \ \ \ \ llo "' !'l \ _.J .. -.. . \ -.\ --' a :: llo -.:;, !" -i -. "'0 -, -- "\ -, -to-' , -.. RODGERS -, -~ \ - tit GI ... i -. \ -;; .. ; , -@)~1~~ ... -; \ - i -@ ~ -:; .. 0 ... @ ~Jt -- \ ~ )', ': ': ~ - .- i -~ \ I ~ -@ ; -i -- ':t _. \, : ~ l . -({J~: :~ 1\ \ -@ \ .. ;1\ .. 1 ; ~ _.' " -to 11 \ -. .@ \i-i ~ ~ ::l 7.: ' _ \-i ... .. ~ ~1t4;; _.J -. .-- ,..." ,......) . ..; FARRAGUr ----- ---------- e e J ~ 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. 1 e e 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: ---------------------------------------------------------------------------- PULLED TABLED 10. NOTICE OF ACTION APPROVED ~ DISAPPROVED AMENDED COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL NO: q S- - 22 7 e e 2 . CLEARANCE COMMENTS: AI~ 1J<d,~t:5 ;/-- ";"/( /co,uf4l.1t ~ ;fi-' q ~ M>-f rIu4~. ~ ~ -- a;:; ~J rr ~~ ~ ?t.5. Ca-f. ~ oM ~ h~ r ~-Df-~ ~xe~L ='?? 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 I