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2399
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NAVY, DEPT
ANNEXATION
ADMIN SVCS
MOU
OF
- UTILITIES - JACKSON PARK & EAST PARK
Insurance
Type Amount
Amount
Begin Date
End Date
Review Date
=1=
t
=1=
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10/01/1983
12/17/2002 --
02/15/2005
Insurance Total
Insurance Review Date
$0.00
Comments
PERMANENT RECORD - FILE CLASSIFICATION CHANGED
PLN 22-1 ANNEXATION CASE FILES (lAANNEX/P)
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CHANGE Contract Transactions
Contract Number 2399
: :Vendor Name
. .Subj ect
. .Department
".Status Code
,I.
NAVY, DEPT
ANNEXATION
ADMIN SVCS
MOU
OF
- UTILITIES - JACKSON PARK & EAST PARK
T
1-
:.I~
Insurance
Type Amount
Amount
Begin Date
End Date
Review Date
10/01/1983
12/17/2002 ..
02/15/2005
"
:.1"
Insurance Total
Insurance Review Date
$0.00
Comments
EASTPARK BECAME CITY PROPERTY 12/17/2002
VAULT 01/01/2005
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N62aTaB, RPOOVSO
AGREEMENT
WHEREAS, the City of Bremerton is a first class
city of the State of Washington, having the ability to annex real
property by various means set out by the laws of the State of
Washington; and
WHEREAS, the United States Navy is the owner of
certain real property located within the City of Bremerton; and
WHEREAS, on January 29, 1941, the City of Bremerton
annexed into its city limits a portion of real property owned by
the United States Navy, the legal description of which is
included as Exhibit A and incorporated herein as though fully set
forth, and which hereinafter shall be referred to as "Eastpark",
pursuant to City Ordinance No. 1372 passed by the City
Commissioners of the City of Bremerton on January 29, 1941, and
further, by Ordinance No. 1399 passed by the City Commissioners
of the City of Bremerton on June 25, 1941; and
WHEREAS, the United States Navy is the owner of
another parcel of real property, the legal description of which
is included as Exhibit B and incorporated herein as though fully
set forth, and which hereinafter shall be referred to as "Jackson
Park", which property was annexed by the City of Bremerton
pursuant to Ordinance No. 2493 passed by the City Commissioners
of the City of Bremerton on March 7, 1962; and
WHEREAS, there have been some questions raised by
the United States Navy as to the validity of the annexation of
Eastpark and Jackson Park; and
WHEREAS, it now appears that those questions have
been satisfactorily resolved between the parties hereto, now,
therefore,
The CITY OF BREMERTON, hereinafter called CITY,
and the UNITED STATES NAVY, hereinafter called NAVY,
agree as follows:
1
N624748}RP00VS0
SECTION 1. VALIDITY OF ANNEXATION.
CITY and NAVY agree that the annexation of Eastpark
performed in 1941, and the annexation of Jackson Park, performed
in 1962, are legal and binding annexations in accord with the
laws of the State of Washington.
SECTION 2. TAXATION.
CITY and NAVY hereby agree that from the effective date
of this agreement forward, the City of Bremerton may levy city
taxes upon providers of services to these areas. Said providers
shall include but not be limited to Puget Power, Pacific
Northwest Bell and Cascade Natural Gas, as well as any other
businesses providing services in these areas. NAVY agrees that
to the extent it is required by law or regulation, NAVY will
reimburse the providers for said taxes. CITY agrees that it will
hold NAVY harmless for payment of any taxes incurred prior to the
date of execution of this agreement.
SECTION 3. LITIGATION SETTLEMENT.
In consideration for the above understanding as to the
validity of prior annexations and future taxation, CITY and NAVY
hereby agree to contribute a total amount of SIXTY-SIX THOUSAND
FOUR HUNDRED FORTY-ONE DOLLARS AND FORTY-SEVEN CENTS ($66,441.47)
to Puget Sound Power and Light Company to resolve litigation
involving the above matters. Of this settlement amount CITY
shall be responsible for payment to Puget Power in the sum of
THIRTY-SIX THOUSAND TEN DOLLARS and FORTY-FOUR CENTS ($36,010.44).
NAVY shall be responsible for payment to Puget Power in the sum
of THIRTY THOUSAND FOUR HUNDRED THIRTY-ONE DOLLARS and THREE
CENTS ($30,431.03). In return for the payment of said sums to
Puget by each party, CITY agrees that it will have pending
litigation between Puget Power and CITY entitled Puget Sound
Power & Light Company, a Washington Corporation, Plaintiff, vs.
City of Bremerton, an incorporated Washington City of the First
Class, Defendant, Kitsap County Superior Court Cause No. 83 2
00527 4 dismissed with prejudice.
SECTION 4. TERM.
2
N62 .7 83R'PO0 V50
Term of this agreement shall be for ninety-nine years.
Both parties agree that neither will attempt to terminate this
agreement unilaterally. Termination may only be effectuated upon
mutual consent of both parties hereto.
SECTION 5. PUGET SOUND NAVAL SHIPYARD.
The scope of this agreement does not include the Puget
Sound Naval Shipyard area. At present, substantial questions
exist as to the validity of the annexation of Puget Sound Naval
Shipyard. Such questions cannot be resolved by agreement, and
their resolution would be effectuated only by judgment and order
from the Superior Court of the State of Washington. As a result,
CITY is contributing FIVE THOUSAND FIVE HUNDRED SEVENTY-NINE
DOLLARS and FORTY-ONE CENTS ($5,579.41) to PUGET, which sum
represents taxes collected by CITY for service provided by Puget
to accounts within the Puget Sound Naval Shipyard area. Nothing
contained in this agreement shall be construed as NAVY
recognizing the validity of the annexation of the Puget Sound
Naval Shipyard.
SECTION 6. ASSIGNABILITY.
NAVY shall not assign any interest on this contract,
and shall not transfer any interest in the same (whether by
assignment or novation), without the prior written consent of the
CITY thereto; provided, however, that claims for money by NAVY
from CITY under this contract may be assigned to a bank, trust
company, or other financial institution without such approval.
Written notice of any such assignment or transfer shall be
furnished promptly to CITY.
SECTION 7. APPLICABLE LAW, VENUE.
This agreement shall be construed and interpreted in
accordance with the laws of the State of Washington.
SECTION 8. REMEDIES CUMULATIVE
Rights under this Agreement are cumulative; the failure
to exercise on any occasion any right shall not operate to
forfeit such right on another occasion. The use of one remedy
shall not be taken to exclude or waive the right to use another.
SECTION 9. NOTICES AND DELIVERABLE MATERIALS
N6247485RPoov50
Ail notices and other material to be delivered hereunder
shall be in writing and shall be delivered or mailed to the
following:
City of Bremerton United States Navy
239 Fourth Street c/o Alexander Barna, Jr.
Bremerton, WA 98310 Assistant Counsel,
Naval Facilities Eng. Command
San Bruno, CA 94066
IN WITNESS WHEREOF, the parties have caused this
agreement to be executed the day and year first above written.
THE CITY OF BREMERTON UNITED STATES NAVY
/Mf)I~IE ~AWKINS, MaYor CHARLES J. WILLIAMS
Acting Director, Real Estate Division
ATTEST: Western Division
%~.~,.. ~ ~~ Naval Facilities Engineering Command
' For and on behalf of the United States
KATELEEN L. McCLUSKEY / of America, Department of the Navy
City Clerk
%o\s \%3
4
N6247483RPOOVSO
~N ORDINANCE extending the City Limits of the City of
Bremerton; declaring such extension to be for municipal
purposes, smd declaring an e~m;rgency.
THE.. CITY CO~&ISSION OF THE CITY OF B~.2RTON DO~S ORDAIN
AS FOLLOWS:
Section 1. That the property hereinafter described is
uninhabited and has been acquired by Defense Homes Corporation,
a ~?-aryland corporation, the entire stock of which is ovmed by the
Federal Loan Administrator for the benefit of the United States
of America and is not transferable, which Corporation is about
to commence construction of multiple family dwelling units to
provide housing facilities for approximately One Hundred Eighty
(180) families, members of which are primarily engaged in National
Defense activities in the City of Brem~rton; that said Corporation
has requested and petitioned the City Commission of the City of
Bre~..~rton to extend the city limits to inc,lude the said real
property and annex said real property to the City of Drenerton,
in order that the tenants in the housing project may have the
benefit of municipal services.
Section 2. That a serious housing shortage, det~rimental
to public health and safety, exists in the City of Brem~rton,
and the construction of the aforesaid housing project and the
annexation of the real property, on which such project v~Ill be
constructed, would be a benefit to the City of Bremerton, in
that the housing shortage would be mitigated, the city vmuld
derive its proportionate share of tax revenue from general taxes
charged to said property, if the same is included within the
city limits, and the annexation will be a benefit to the owner
of said property and the tenants who will ibhabit the said
dwellings, by reason of the fact that the City of Brenerton will
f~rnish customary municipal services.
Section 3. The city limits of the City of Bremerton are
hereby extended to include the hereinafter described real
property, which is hereby annexed to the City of Bremerton:
N624748}RPOOV o
Government Lot six (6), Section thirteen (13),
Township twenty-four (24) North, Range one (1)
East, W.}~., EXCEPT commencing at the north quarter
corner of said section, township and range, t~ence
along the north boundary of said section, an a
bearing of north 8?o§5,$6" west for a distance of
643.61 feet; thence south 2o04'24" west a
distance of 335.61 feet to the true point of
beginning; thenRe south 44006' west 30.00 feet;
thence south 45~54' east 30.00 feet; thence north
44o06, east 30.00 feet; thence north 45°54, west
30.00 feet to point of beginning; ALSO EXCEPT
beginning at a point 25 feet north of the south-
.~-z· '~ ....... east corner of said lot 6, thence north 150 feet, thence
Sz-J3 w~t~32_.~$~$ feet, thence south 150 feet, thence east
.m 32.33 feet to beginning; 2LS0 EXCEPT the south 25 feet
thereof for road purposes; ALSO EXCEPT portion hereto-
fore conveyed to Kit sap County for road, by deed
recorded under auditor's file No.153377, records of
said county; TOGETHER with tidelands of the second class
fronting or abutting thereon to the line of extreme
low tide; ALSO the west 57.67 feet of northwest quarter
of northeast quarter of Section 13, Township 24 North,
range i East, W.M., EXCEPT the north 154 feet thereof;
and EXCEPT the south 175 feet thereof, and EXCEPT
portion heretofore conveyed to Kitsap County for road,
by deed recorded under auditor's file No.153377,
records of said county, Kitsap County, Washington.
ALSO
Lots 9, 10, ll and 12, in Block 7, Ryther's First
Addition to Decatur, Kitsap County, '~Jashingtono
Section 4. The annexation of said real property is hereby
declared to be for various municipal purposes, including the
f~rnishing of police and fire protection to persons engaged in
rational defense activities, who occupy the dwelling units to be
constructed on the real property, the insuring of revenue by
taxation to the City of Bramerton to compensate the said City
for t~he furnishing of said services, and cooperation with the
Federal Government to supply suitable and sanitary dwelling
units close to the Puget Sound Navy Yard for persons engaged in
national defense activities during the period of the present
emergency f~ national defense.
Section 5. This ordinance is immediately necessary for
the preservation of the peace, health and safety of the inhabitants
of the City of Bremerton, and shall take effect immediately upon
passage and publication.
..
PASSED BY~ t~e' City ~ssion ,~':~h~',~Oi~{ ~ Bremerton,
~gned by the M~or, and attested
NO.
~ ORD~OE ext~di~E the ${g} li~8 of the 8ity of Bremerto~
by includin$ within the oity'Ii~ts of the city of Br~rton certain
publl~ %~m6~ intended to'hq :lnc~ora$~ ~thin b~,ait~ ,li~ts
by 0rdin~oe No.1372-'of th~ ~i~ o~ Br~rton, ~Ssed =anu~y 29,
19~; ~.$ec~ion $~of 0~l~noe N~'.13~2 to 'acco~l~h such
purpose, ~d deol~in~ ~ e~rtenc$.
Section 1. That it ~s the intention of the City COmmission
to exZend t~ city li~ts to,include the public roads,or potions
thereof, w~ch lie ~thin the re~ property legally described in
Section E of t~s ordinate, at the ti~ the City Co~i~ion extended
the city li~ts of the City of Br~rton by 0rdin~ce No.13VE, passed
by ~e City Co~szio~ on the 29th day of ~u~y,19~, but by ~stake
~d inadvertence the legal description contained in section 3 of said
Ordinance No.l~2 excepted and did not include t~ said public roads.
Section ~. That Section 3 of 0rdin~oe No.13~2 of ~e City of
Br~erton, passed by ~e City Commission on ~anua~ 29,1941, be and
the said Section 3 of said Ordinance is hereby amended to read
as follows:
"Sec.~. The City li~ts of the City of Br~er~n
are hereby extended to include the hereinafter described
real property, which is hereby .uuexed ~ the City of
Br~rton:
"Gove~m~t Lot SiX (6~, Section T~rteen
To.ship Twenty-fo~ (24) North, Ra~e One (1) E.W.M.,
together with tide l~ds of ~e second class fronting
or abutting t~reon to the line of extreme low tide,
~C~ co~enci~ at the North Quarter corner of seid
section, ~wns~p ~d r~ge, ~ence ~ong the no~h
bo~dary of said section on a b~rin8 of North 87055'38"
W~st for a dist~ce of 643.61 feet; thence South
West a dist~ce of B~5.61 feet to the t~e point of
begl~i~; ~henc~ South ~°06' West ~0 feet; thence
South 45c54 Eass 30.00 feet; thence North 44°0~' East
$0.00 feet; thence North 4B°~4' N~st 30.00 feet to point
of begi~ing,
$~ ~C~ begl~ing at a point E5 feet North of the
Southeast corner of said Lot Bix (6), thence North 150 feet,
thence West 32.33 feet; thence ~uth 150 feet;thence
East ~E.B~ feet to
ALSO n CLUDEG and not S
of the Northwest quarter of the N~rtl~e~st
Section 13, To.ship ~ North, R~ge 1
~E the North 154 fee~ thereof and exeep$
South 175 feet thereof;
~ ECL~G and not excepting Lots Nine
Eleven (ll) and twelve (12), in Block Seven ~
Ryther's First Additi°n to Decatur,
~l of the above ~d foregoi~ described
~eing in ~tsap Cowry, State of ,~as~ng
Section 3. This ordi~nce is i~ediately necess~y
~eservation of the peace, he.th and safety of ~e i~abit~ts of
t~ City of Br~erton, ~d for carrying out m~icip~ p~poses, and
s~ll t~e effect i~ediately upon passage and publication.
PASS~ by ~e City Commission of ~e City of Br~rton,
signed by the ~r,~d attested by ~e city Clerk
ATT~T:
- ' ~ ~ity Clerk
,,~ : ~: ~ ORDINANCt~ NO.
~' ~ ^.~ I ' AN ORDINANCZ of the City of Bremerton annexing
~' ~"~ ~ ~{'~' a certain area known as Brentwood Park--Brent-
~ ~ ~ wood Drive, the voters of said area having voted
, ~
~ ~' to enter the City of Bremerton on the 20th day
!' of February ].962, at a special election called
by the County Commissioners of Kitsap County;
and declaring an emergency.
TH~ CITY OF BREMERTON DOSS ORDAIN:
Section 1. That the County Commissioners of Kitsap County called
a special election for the purpose of having the voters residing in
the area hereinafter described, to determine whether or not they wished
to be annexed to the City of Bremerton, and whether or not they desired
to assume any existing indebtedness of the City of Bremerton; that a
statement of canvass and return of said election is on file in the office
of the City Clerk of the City of Bremerton, signed by the canvassing
board, which shows that at said election the vote was 11 in favor of
annexation and 5 opposed to annexation, and t~e vote was 3 for assump-
tion of indebtedness and 13 against assumption of indebtedness.
Section 2. That the City Council of the City of Bremerton has
oreviously passed a resolution declaring it to be to the best interests
of the City of Bremerton that the following- described area be annexed
to the City of Bremerton.
Section 3. That the following-described tract of land is hereby
and by this ordinance adopted and incorporated within and becomes a
part of the City of Bremerton, to-wit:
Beginning at the intersection of the Easterly Extension
of the North line of Lot 36, Block 1, Brentwood Park Addi-
tion, and the North-South center-section line of Section
16, Township 24 North, Range 1 East, W.M.; thence Northerly
along said center-section line to its intersection with the
~ Southerly margin of Beach Drive; thence Westerly along the
Southerly margin of Beach Drive to its intersection with
the Southeasterly extension of the Westerly lot line
come, Ion to Lots 1 through 15, Block 1; thence Northerly
along the Southeasterly extension of the Westerly lot
line common to said Lots 1 through 15, Brentwood Park
Addition to its intersection with the section line
common to Sections 9 and 16, Township 24 North, Range
1, East, W.M.; thence Westerly along said section line
36.78 feet; thence North 208 feet; thence East to the
Government meander line of Ostrich Bay; thence Northerly
on the Government meander line to the North line of
Government Lot 4, Section 4, Township 24 North, Range 1 East,
W.M.; thence Westerly on the North line of said Government
Lot 4 and the North line of the Southeast quarter of the
Southeast quarter of Section 5, Township 24 North, Range 1
East, W.M.; to the Northwest corner of said Southeast
quarter of the Southeast quarter; thence Southerly on the
West line of said Southeast quarter of the Southeast quarter
of said section 5 and Southerly on the West line of the
East one-half of the East one-half of Section 8, Township
24 North~ Range 1 East, W.M.; to the Northerly margin of
Primary State Highway No. 21; thence Easterly on the North
mar~in of P.S.H. No. 21 to the point of curvature of a curve
to the right; thence continuing around said curve to the
point of tangency on the Easterly margin of P.S.H. No. 21;
thence Southeasterly on the Easterly mar~in of P.S.H. No.
21 to the North line of Lot 28, Block 1, of Brentwood Park
Addition; thence Easterly on the North line of Lot 28 and
Lot 36 of said addition and the Easterly extension of Lot
36 to the point of beginning.
Section A. That an emergency exists and this ordinance is neces-
sary for the i~ediate preservation of the public peace, property,
health and safety of the citizens of the City of Bremerton, and the
same shall be in full force and effect following passage and publication.
PASSED DI~ANIMOUSLY by the City Council of the City of Bremerton,
signed by the Mayor and attested by the City Clerk in authentication
of such passage this 7th day of March, 1962.
~o Oo ~OMST~, ~,~ayor
ATTEST:
'.ity Cl~