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Home My WebLink About3972 Contract Number: 3972 Vendor: TRANSPORTATION - DEPT OF (WA State) Subject: SR3 Interchange to Montgomery - Turnback Department: Engineering File Class: LEG 12-1 Begin Date: 12/08/1998 End Date: 09/09/2002 Review Date: 02/15/2011 Vault Date: Ol/Ol/2011 Comments: Contract closed 9/02 per Lynn Price 3/10 Washington State Department of Transportation Organization and Address City/Town ci~ of Bremerton Public Works and Utilities Turnback Agreement 302? olympus Dive Bremerton, WA 98310~4799 Agreement Number Section / Location SE 3 Interchange to Montgomery Ave. TB 30095 State Route I Control Section Region W/O #SL1952 71 0732 304 i 1803 Olympic See also TB 30094 THIS AGREEMENT, made and entered into this ~ ~ day of lb ~ c a~ na ~ e/' , I q'~' ,c] , between the STATE OF WASHINGTON, Department of Transportation, acting by and through the Secretary of Transportation, hereinafter called the "STATE," and the above named organization, hereinafter called the "CITY". WHEREAS, the STATE is planmng the construction or improvement of a section of state route as shown above, and WHEREAS, the STATE will abandon a portion of an existing state highway and/or construct, reconstruct, or rearrange certain city streets, frontage roads, access roads, intersections, ramps, crossings, and/or other pertinent features, and WHEREAS, construction of this facility, including rearranged city streets and other features will necessitate the transfer of jurisdiction from the CITY to the STATE of those rights of way, and WHEREAS, upon completion of constxuction of this facility it is necessary to describe the division of responsibility of the STATE and CITY in the ownership, maintenance, and reconstruction of this roadway and other features, and provide for the transfer of rights accordingly. NOW THEREFORE, by virtue of Title 47.24.010 and 47.52.210, and pursuant to WAC 468-18-050, "Policy on the construction, improvement and maintaining of intersections of state highways and city streets," WAC 468-30-075, "Procedure for transfer of abandoned state highways to cities and towns" and in consideration of the terms, conditions, covenants, and performance contained herein or attached and incorporated and made a part hereof. IT IS MUTUALLY AGREED AS FOLLOWS: I Items of work, if any, which cannot be agreed to prior CITY RIGHT OF WAY to executing this AGREEMENT, shall also be enumerated in The CITY agrees that the transfer of jurisdiction and/or detail and included as part of Exhibit "A." ownership of all city rights of way needed for the construction HI of this facility shall be governed by RCW 47.24.010 and/or COMPLETION INSPECTION RCW 47.52.210. Prior to commencement of construction, the STATE will notify the CITY in writing that it will assume Upon completion of construction of the facilities jurisdiction and relieve the CITY from all responsibility in the covered by this AGREEMENT, an inspection by operation, maintenance, and reconstruction thereon until representatives of the STATE and CITY shall be made to construction is complete, determine that the requirements of this AGREEMENT have been fulfilled. II ABANDONED STATE HIGI~VAY The CITY, following satisfactory completion of the If a public highway which is or has been a part of the joint inspection, will provide the STATE a letter agreeing to route of a state highway and is no longer necessary as such is accept the facilities covered by this AGREEMENT in their to be certified to the CITY, it will be included in the plans present condition. marked Exhibit "A," attached hereto and by this reference made IV a part of this AGREEMENT. TRANSFER OF JURISDICTION In those cases involving abandonment of a state Subsequent to the completion of construction, highway, a joint maintenance inspection by representatives of opening to public use, and receipt of the CITY's letter of the STATE and CITY shall be held prior to entering into this acceptance, the STATE will notify the CITY in writing of its AGREEMENT and all agreed to deficiencies, if any, shall be intent to transfer jurisdiction of these features as shown on enumerated in detail and included as part of Exhibit "A." the attached plans marked Exhibit "A". The CITY agrees to DOT gor~ 224-057 EF .,~sed 3~07 SR 304 Transp. Improv. Project File: '~¥,1 accept said abandoned highway, rearranged city streets, orange, and/or brown color on the plans marked Exhibit "A". frontage roads, cul-de-sacs, and other features, including right The conveyance will be recorded pursuant to RCW 65.08.095. of way, access control, and other property rights, and to The forthcoming instrument will be subject to the relieve the STATE from all responsibilities in the operation, following restrictions: maintenance, and reconstruction of these features. Exhibit "A" is colored, wherever applicable, as follows: (NO FEDERAL PARTICIPATION) Red Indicates consmxcfion and rights of way to be It is understood and agreed that the above-referenced conveyed to the CITY. property is transferred for road/street purposes only, and no other use shall be made of said property without obtaining Blue Indicates easements to be conveyed to the CITY. prior written approval of the grantor. Revenues resulting Yellow Indicates nonoperating properties to be conveyed from any vacation, sale, or rental of this property, or any to the CITY. These properties are considered portion thereof, shall be placed in the grantee's road/street necessary for the continued maintenance of the fund and used exclusively for road/street purposes, except that areas shown in red and/or blue color, the grantee may deduct the documented direct costs of any such vacation, sale, or rental. Green Indicates areas within the highway right of way to be maintained and reconStructed by the CITY. (FEDERAL PARTICIPATION) Except for snow and ice removal, maintenance It is understood and agreed that the above referenced and reconSUucfion of the separation structures property is transferred for road/street purposes only, and no shall be the responsibility of the STATE. other use shall be made of said property without the prior written approval of the grantor. It is also understood and agreed that the grantee, its successors or assignS, shall not Orange Indicates access control and access rights to be revise either the right of way lines or the access control conveyed to the CITY. These rights may be without prior written approval from the grantor, its maintained or disposed of by the CITY and any successors, or assigns. Revenues resulting from any vacation, revenue resulting from said disposal shall be sale, or rental of this property or any portion thereof, shall: placed in the CITY's street fund and used (1) if the property is disposed of to a governmental entity for exclusively for street purposes, public use, be placed in the grantee's road/street fund and Brown Indicates access control and access rights to be used exclusively for road/street purposes; or (2) if the property conveyed to the CITY. These rights shall be is disposed of other than as provided in (1) above, be shared maintained by the CITY and will not be by the grantee and grantor, their successors or assigns in the transferred, sold, abandoned, vacated, or same proportion as acquisition costs were shared, except that other~vise altered or disposed of without prior the grantee may deduct the documented direct costs of any written approval of the STATE. such vacation, sale, or rental. V CONVEYANCE VI LEGAL RELATIONS Within six months following the notice to transfer jurisdiction, the STATE will furnish the CITY a recordable No liability shall attach to the STATE or CITY by reason of entering into this AGREEMENT except as conveyance of those features shown in red, blue, yellow, expressly provided herein. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the day and year first above written. CITY STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION Lynn S. Horton BY~i~ Mayo~ Date / '~j~ ~. DOT Fo~m 224-057 EF Revised 3/97 2