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Home My WebLink About2975 ,.- RESOLUTION NO. ;(975 A RESOLUTION of the City Council of the City of Bremerton, Washington, approving the Air Rights Easement Agreement between the City of Bremerton and Kitsap County Consolidated Housing Authority and authorizing the Mayor to execute the Agreement. WHEREAS, the Kitsap County Consolidated Housing Authority (KCCHA), as the Community Renewal Agency for redevelopment under the City of Bremerton's Community Renewal Program, is developing the Bremerton Harborside Condominium project in downtown Bremerton; and WHEREAS, the Bremerton Harborside Condominium project has been designed and will be constructed incorporating major public pedestrian access and use; and WHEREAS, a public promenade feature of approximately 22,600 square feet paved walkway and landscaped public space will run the length of the site approximately 630 feet and varying in width beginning at the Bremerton Harborside, Second A venue cul-de-sac extending to Fourth Street along the length ofthe water on the east side of the project. This area will incorporate an 8 foot wide paved walkway along the edge of the bluff above the water line. Landscaping, grass areas for the public, light fixtures and seating features are aesthetically selected to compliment the Bremerton Downtown design concept. The promenade will afford the public the opportunity to relax, read or just enjoy the views of the water and the surrounding area. The promenade upon completion will be dedicated to City of Bremerton for public use and will connect the Conference Center lower plaza up to 4th Street; and WHEREAS, a Stair Ramp (Stramp) will be constructed which will include a . dedication by KCCHA of a 200 foot long by 60 foot to 75 foot wide public pedestrian extension from Burwell Street connecting W ashington Avenue to the public promenade at the bluff overlooking the water. It combines a series of switchback ramps to allow the public to relax and reflect. Along the length ofthe Stramp are landscape features of plants, major trees and lawn areas, and light fixtures will be provided for the public's benefit. Incorporated with these are concrete curbs, walls, planters and other elements that provide numerous seating areas along the switch back ramp system or at the various landing areas. The east end of the Stramp terminates at a 2,700 square foot elliptical shaped overlook that includes both paved and lawn areas and will be sited 8 feet higher in elevation than the adjacent public promenade along the water front; and WHEREAS, Washington Avenue improvements will extend in Phase One from the southern edge of the Burwell Extension to Fourth Avenue (a distance of approximately 325 feet). The new sidewalk improvements will replace the existing deteriorated 10 foot sidewalk and will include new street lighting to match those already installed as part ofthe recent Washington Avenue improvements. Nearly a dozen new street trees are scheduled along the edge of W ashington Avenue. This area has been designed to provide a 15' -6" wide new 1 KCCHA Air Rights Easement Agreement concrete paved sidewalk, which is buffered from the street curb by an additional 4' -6" wide area surfaced with pavers. The design is an extension of the city's new design standards for W ashington Avenue. A series of planters have been incorporated at selected locations in the public right of way; and WHEREAS, similar to Washington Avenue, Fourth Street improvement by KCCHA will include widening the current dilapidated 5'wide sidewalk to a 17'6" pedestrian sidewalk with new street lighting and street trees which connects W ashington Avenue to the northern end of the public promenade. Like W ashington Avenue the sidewalk paving is a continuation of the materials being installed on Washington Avenue; and WHEREAS, KCCHA will dedicate 7000 square feet ofland area for the cul-de- sac turnaround facility at the water terminus of 2nd Street; and WHEREAS, the cost and value of the public improvements and dedication to be made by KCCHA will be approximately Three Million Four Hundred Thousand Dollars ($3,400,000.00); and WHEREAS, in recognition of the amenities set forth above, the City of Bremerton agrees to grant an air space easement to KCCHA as herein provided over segments of the public rights-of-way for the improvements being designed and to be constructed by KCCHA; NOW THEREFORE THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The recitals set forth above are hereby incorporated as if set forth herein in full. SECTION 2. The Air Rights Easement Agreement attached hereto as Exhibit A is hereby approved, and the Mayor is authorized to execute same. SECTION 3. Severability. If anyone or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity ofthe remaining portion of this Resolution and the same shall remain in full force and effect. SECTION4. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this .1-c ~ ~ day of ~rA~ ,2005. ~REN' 2 KCCHA Air Rights Easement Agreement APPROVED AS TO FORM: // r:;;-\L OVICH, City Attorney R:\LEGAL\Resolutions\Legal\Air Rights Easement Approval- KCCHA.doc 3 KCCHA Air Rights Easement Agreement AFTER RECORDING RETURN TO: City Clerk City ofBremerton 345 6th Street, Suite 600 Bremerton, WA 98337 Grantor: City of Bremerton Grantee: Kitsap County Consolidated Housing Authority Abbreviated Legal Description: Ptns Lot 11-19, Block 3, Town ofBremerton Additional Legal Description on Exhibits A, B, and C Assessor's Tax Parcel ID No. n/a AIR RIGHTS EASEMENT AGREEMENT THIS INSTRUMENT made this _ day of 2005, by and between the CITY OF BREMERTON, a Washington municipal corporation ("Grantor") and the KITSAP COUNTY CONSOLIDATED HOUSING AUTHORITY, ("Grantee"). RECITALS Grantor is the owner of a portion of right-of-way located in the City of Bremerton between Burwell and 6th Street commonly known as W ashington Avenue, and more particularly described in the legal description attached as Exhibit A. Grantee is the owner of real property located adjacent to Grantor's right-of-way, more particularly described in the legal description attached as Exhibit B. EXHIBIT A AIR RIGHTS EASEMENT - Page 1 of 6 Grantee desires to use certain air space above the real property described in Exhibit A in connection with the construction, operation, ownership and maintenance of a condominium project located on the real property described in Exhibit B. The air space boundaries are more fully described in the attached Exhibit C. EASEMENT WITNESSETH that Grantor for and in consideration of mutual benefits derived and/or other valuable consideration receipt of which is hereby acknowledged by Grantor, does grant and convey to Grantee, its successors and/or assigns, an easement of Grantor's interest in certain air space over the right-of-way in connection with the construction, operation, ownership and maintenance of a condominium project known as Harborside Condominium Phase I located on the real property described in Exhibit B. The air space boundaries are described in the attached Exhibit C ("Easement Area"). Grantee shall at all times exercise its rights under this easement in accordance with the requirements of all applicable. statutes, orders, rules and regulations of any public authority having jurisdiction. Grantee does hereby release, indemnify and promise to defend and save harmless Grantor from and against any and all liability, loss, damage, expense actions and claims, including costs and reasonable attorney's fees incurred by Grantor in connection therewith, arising directly or indirectly on account of or out of the exercise by Grantee, its servants, agents, employees and contractors of the rights granted in this easement. This easement shall be a covenant running with the land so long as said easement is used for its granted purpose; and, should the easement not be used for its granted purpose the easement shall automatically terminate and all interest herein shall revert to the Grantor. The terms and conditions of this Agreement shall be binding on the Grantor's and Grantee's successors, heirs, and assigns. DATED this _ day of GRANTOR: CITY OF BREMERTON By: Cary Bozeman, Mayor (Notary Acknowledgment on Next Page) AIR RIGHTS EASEMENT - Page 2 of 6 STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) On this day of , before me a Notary Public in and for the State of Washington, personally appeared Cary Bozeman, to me known to be the Mayor of City of Bremerton, a Washington municipal corporation that executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said corporation, for the uses and purposes mentioned in this instrument, and on oath stated that he was authorized to execute said instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington residing at My appointment expires APPROVED AS TO FORM: ROGER A. LUBOVICH City Attorney ACCEPTED this day of by GRANTEE: KITSAP COUNTY CONSOLIDATED HOUSING AUTHORITY ,2005 By: Its: R ILEGALIDepartments-General\LegallAir Rights Easement-KCCHA.doc AIR RIGHTS EASEMENT - Page 3 of 6 "I EXHIBIT A CITY RIGHT-OF-WAY THE RIGHT-OF-WAY OF WASHINGTON AVENUE (70') AND 4TH STREET (60') WERE CREATED AND DEDICATED TO THE PUBLIC BY THE PLAT OF "THE TOWN OF BREMERTON" IN 1891 AND RECORDED IN VOLUME 2 OF PLATS, PAGE 30, RECORDS OF KITSAP COUNTY, WASHINGTON. AIR RIGHTS EASEMENT - Page 4 of 6 EXHIBIT B GRANTF;E'S PROPERTY PARCEL I, BOUNDARY LINE ADmSTMENT RECORDED UNDER AUDITOR'S FILE NO. 200412010303 AND DELINEATED IN SURVEY RECORDED IN VOLUME 62 OF SURVEYS, PAGE 141, BEING A PORTION OF LOTS 1 THROUGH 19, BLOCK 3, TOWN OF BREMERTON, ACCORDING TO PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE 30 AND PORTION OF GOVERNMENT LOT 3, SECTION 13, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON. AIR RIGHTS EASEMENT - Page 5 of 6 EXHIBIT C AIR RIGHTS EASEMENTS PARCEL 1 THAT PORTION OF THE AIRSPACE ABOVE WASHINGTON AVENUE AND FOURTH STREET LYING BETWEEN ELEVATION 78.00 AND 115.00 FEET (MLLW DATUM), WHICH FRONTS LOTS 11 THROUGH 19, INCLUSIVE, BLOCK 3, PLAT OF THE TOWN OF BREMERTON AS RECORDED IN VOLUME 2 OF PLATS, PAGE 30, RECORDS OF KITSAP COUNTY, WASHINGTON, SITUATE IN GOVERNMENT LOT 3, SECTION 13, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY WASHINGTON, MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY OF WASHINGTON AVENUE AND THE SOUTHERLY RIGHT-OF-WAY OF FOURTH STREET, ALSO BEING THE NORTHWESTERLY CORNER OF SAID LOT 19, BLOCK 3, PLAT OF THE TOWN OF BREMERTON AND BEING AT AN ELEVATION OF 65.90 FEET (MLLW DATUM) AT THE PROPOSED SIDEWALK AND ALSO BEING THE TRUE POINT OF BEGINNING; THENCE SOUTHERLY ALONG THE SAID EASTERLY RIGHT-OF-WAY OF WASHINGTON AVENUE 85.00 FEET; THENCE LEAVING SAID EASTERLY RIGHT OF WAY, WESTERLY AND PERPENDICULAR 5.00 FEET; THENCE NORTHERLY, PARALLEL WITH SAID EASTERLY RIGHT-OF-WAY 85.00 FEET; THENCE EASTERLY AND PERPENDICULAR WITH SAID EASTERLY RIGHT OF WAY 5.00 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 2 THAT PORTION OF THE AIRSPACE ABOVE WASHINGTON AVENUE LYING BETWEEN ELEVATION 67.00 AND 115.00 FEET (MLLW DATUM), WHICH FRONTS LOTS 11 THROUGH 19, INCLUSIVE, BLOCK 3, PLAT OF THE TOWN OF BREMERTON AS RECORDED IN VOLUME 2 OF PLATS, PAGE 30, RECORDS OF KITSAP COUNTY, WASHINGTON, SITUATE IN GOVERNMENT LOT 3, SECTION 13, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY WASHINGTON, MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY OF WASHINGTON AVENUE AND THE SOUTHERLY RIGHT-OF-WAY OF FOURTH STREET, ALSO BEING THE NORTHWESTERLY CORNER OF SAID LOT 19, BLOCK 3, PLAT OF THE TOWN OF BREMERTON; THENCE SOUTHERLY ALONG THE SAID EASTERLY RIGHT- OF-WAY OF WASHINGTON AVENUE 156.00 FEET TO THE TRUE POINT OF BEGINNING AND BEING AT AN ELEVATION OF 56. gO FEET (MLLW DATUM) AT THE PROPOSED SIDEWALK; THENCE CONTINUING SOUTHERLY ALONG SAID EASTERLY RIGHT OF WAY 87.00 FEET; THENCE LEAVING SAID EASTERLY RIGHT OF WAY, WESTERLY AND PERPENDICULAR 5.00 FEET; THENCE NORTHERLY, PARALLEL WITH SAID EASTERLY RIGHT-OF-WAY 87.00 FEET; THENCE EASTERLY AND PERPENDICULAR WITH SAID EASTERLY RIGHT OF WAY 5.00 FEET TO THE SAID EASTERLY RIGHT-OF- WAY AND THE TRUE POINT OF BEGINNING. PARCEL 3 THAT PORTION OF THE AIRSPACE ABOVE FOURTH STREET LYING BETWEEN ELEVATION 77.00 AND 121.00 FEET (MLLW DATUM), WHICH FRONTS LOT 19, BLOCK 3, PLAT OF THE TOWN OF BREMERTON AS RECORDED IN VOLUME 2 OF PLATS, PAGE 30, RECORDS OF KITSAP COUNTY, WASHINGTON, SITUATE IN GOVERNMENT LOT 3, SECTION 13, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY WASHINGTON, MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY OF WASHINGTON AVENUE AND THE SOUTHERLY RIGHT-OF-WAY OF FOURTH STREET, ALSO BEING THE NORTHWESTERLY CORNER OF SAID LOT 19, BLOCK 3, PLAT OF THE TOWN OF BREMERTON AND BEING AT AN ELEVATION OF 65.90 FEET (MLLW DATUM) AT THE PROPOSED SIDEWALK AND ALSO BEING THE TRUE POINT OF BEGINNING; THENCE EASTERLY ALONG THE SAID SOUTHERLY RIGHT-OF-WAY OF FOURTH STREET 51.00 FEET; THENCE LEAVING SAID SOUTHERLY RIGHT OF WAY, NORTHERLY AND PERPENDICULAR 8.00 FEET; THENCE WESTERLY, PARALLEL WITH SAID SOUTHERLY RIGHT-OF-WAY 51.00 FEET; THENCE SOUTHERLY AND PERPENDICULAR WITH SAID SOUTHERLY RIGHT OF WAY 8.00 FEET TO THE SAID SOUTHERLY RIGHT-OF-WAY AND THE TRUE POINT OF BEGINNING. 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