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HomeMy WebLinkAbout3090000City of Bremerton R~rMrI~T~N r~TT¥ CIF' FRrIT $11 R~ K~.tsao C0, ~Jlq City Clerk 239 4th St. Bremerton, WA 98337 Document Title: Easement Reference Number of Document Assigned or Released: Grantor's Name: United States or America Grantee's Name: City of Bremerton Abbreviated Legal Description: Federal owned land in Sec. 22 T24 N, R1 E W. M. (Additional legal on page 2 of easement document) Assessor's Property Tax Parcel/Account Number: Federal owned land N4425598RP00T28 GRANT OF EASEMENT THIS INDENTURE, made the /(~)'~" day of ,~-iot'~ J , 199~ between the United States of America, herein called the Government, acting through t~e Department of the Navy, and the City of Bremerton, Washington, herein called the Grantee. EXCI TAX EXEMPT IIAY ! 1998 WHEREAS, the Government owns that certain real property identified as the Puget Sound Naval Shipyard, Bremerton, WA, herein called the Station; and WHEREAS, the Grantee has requested, in accordance with the Memorandum of Agreement between the Grantee and Grantor dated December 1, 1995, an easement for the construction, installation, operation, maintenance, repair, and replacement of an underground combined sewer overflow and monitoring structure which will consist of one 12' diameter and two 8' diameter manholes with interconnecting 16" and 42" pipe generally located at the northeast corner of Callow Avenue and Farragut Street, Bremerton, Washington on 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, in perpetuity, an easement for the construction, use, operation, maintenance, repair, and replacement of this combined sewer overflow project, hereinafter called Public Utilities; such easement being on that portion of the Station hereinafter called the Premises, in accordance with the Record of Survey for the City of Bremerton, Washington, Recording Certificate A.F. NO. ORIGINAL 9512080113 recorded in Volume 44 of Surveys on Page 91, Records of Kitsap County, Washinton and described as follows: That portion of block 17 of the Plat of Charleston recorded in Volume 2 of plats pages 16 and 17, records of Kitsap County, Washington, described as follows: Beginning at the southwesterly corner of said Block; Thence N89°35'12"E, 55.00 feet along the southerly boundary of said Block; Thence N00°28'48"E, 38.00 feet parallel with the westerly boundary of said Block; Thence S89°35'12'~N, 55.00 feet parallel with the southerly boundary of said Block to the westerly boundary of said Block; Thence continuing S00°22'48'~/V, 38.00 feet along the westerly boundary of said Block to the point of beginning; Situated in the County of Kitsap, State of Washington. The pamel described herein comprises of .048 acres. 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 of the 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. 4. Upon the termination of this easement, the Grantee, at its expense, shall remove, to the extent requested by the Government, improvements installed or constructed hereunder, and shall restore the Premises to the same or as good a condition as that which existed prior to the exercise by the Grantee of its rights hereunder. Such restoration shall be done in a manner satisfactory to the Commanding Officer of the Engineering Field Activity, Northwest, Naval Facilities Engineering Command. 5. All or any part of this easement may be terminated upon failure by the Grantee to comply with any of its terms and conditions; upon abandonment of the rights granted herein; or upon nonuse of such rights for a period of two consecutive years. 6. The Government may use the Premises of the easement for any purpose that does not unreasonably interfere with the use and enjoyment by the Grantee of the rights granted by this easement. IN WITNESS WHEREOF, the Government, acting through the Department of Navy, has caused this instrument to be executed the day and year written first above. UNITED STATES OF AMERICA By MICHAEL D. BRADYc/ Real Estate Technical Lead Real Estate Contracting Officer Engineering Field Activity, Northwest State of Washington County of Kitsap I certify that I know or have satisfactory evidence that Michael D. Brady is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Real Estate Technical Lead, Real Estate Contracting Officer, Engineering Field Activity, Northwest, United States Department of Navy to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. ...... ~ Dated: IO .... '" ~'..,-~ ":. Sig nature: Title: My appointment expires: / rrell Tomeo, Engineering TeChnician aI~£~£~TON 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. WHEREASi 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 USAIBREMERTON - PAGE ONE DUPUCATE ORIGINAL 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 alley 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 Callow 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 USAJBREMERTON - PAGE TWO (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 (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 USAIBREMERTON - PAGE FOUR DATED: ~c> /~~ ~,c1.~ THE CITY OF BREMERTON, WASHINGTON Mayor DEP~PROVAL: W. EUGEI~ S~ LI~...~)~~ Director of Public Works and Utilities Ci~ Afforney ATTEST: ~THLEEN McCLUSKEY Ci~ Clerk DATE~: THE UNITED STATES OF AMEBA JAMES F. BRYANT Real Es~te Contracting Officer Commander Puget Sound Naval Shipyard ~OVED AS ~RM: D~YL C. 'D~WSON Counsel MOA USA/BREMERTON - PAGE FIVE EXHIBIT "B" 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 Sh/pyard, 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 Yvl-IEREAS, 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 of the 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 ail 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. 4. Upon the termination of this easement, the Grantee, at its expense, shall remove, to the extent requested by the Government, improvements installed or constructed hereunder, and shall restore the Premises to the same or as good a condition as that which existed prior to the exercise by the Grantee of its rights hereunder. Such restoration shall be done in a manner satisfactory to the Commanding Officer of the Engineering Field Activity, Northwest, Naval Facilities Engineering Command. 5. If at any future time, the Government determines that the public utilities described herein, or any portion thereof, unduly interferes with any of its activities, it shall have the right to terminate this easement, in whole or in part, to the extent necessary to eliminate such interference; PROVIDED THAT, unless the government shall have determined that relocation is not feasible, it shall convey to the Grantee, without charge, a substitute easement permitting the Grantee to relocate said public utilities, or portion thereof, on adjacent Government property, at the Grantee's cost and expense. The substitute easement shall contain the same terms and conditions as those of this easement, and shall bear the same expiration date, if any. 6. All or any part of this easement may be terminated upon failure by the Grantee to comply with any of its terms and conditions; upon abandonment of the rights granted herein; or upon nonuse of such rights for a period of two consecutive years. 7. The Government may use the Premises of the easement for any purpose that does not unreasonably interfere with the use and enjoyment by the Grantee of the rights granted by this easement. 1N WITNESS WHEREOF, the Government, acting through the Department of Navy, has caused this instrument to be executed the day and year written first above. UNITED STATES OF AMERICA By JAMES F. BRYANT Head, Planning and Real Estate Department Real Estate Contracting Officer Engineering Field Activity, NW 2 State of Washington County of Kitsap I certify that I know or have satisfactory evidence that James F. Bryant is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Head, Planning and Real Estate Department, Real Estate Contracting Officer, Engineering Field Activity, Northwest, United States Department of Navy to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Signature Title My appointment expires 3 EXHIBIT "B" DEPARTMENT OF THE NAVY 11011/ 24JK/NW96-012, 96-037 PSNS ,4P~ i 0 Randy Witt, City Engineer City of Bremerton R E C E I V E D Public Works and Utilities APR 1 ,~ 1998 3027 Olympus Drive Bremerton, WA 98310-4799 C~ OF BREMERTON ENGINFFRS Dear Randy: Enclosed, please find Grants of Easement Numbers N4425598RP00T27 and N4425598RP00T28 covering the City of Bremetton's use of the therein described Navy property at the Puget 8ound Naval Shipyard (PSNS) for relocation of City utilities around the Navy's parking garage and for the City's CSO structure. Once this easement has been accepted by the City, please have it recorded and returned to the undersigned. If you have any questions, please call me at 396-0907. Sincerely, / · /.Jerry Knowies Realty Specialist Enclosure: Grants of Easement N4425598RP00T27 and N4425598RP00T28