update on transfer progress

Following is information provided to City Council prior to the December 3 meeting, edited somewhat for tense and clarity.

The Dec. 3 Council agenda included under the City Manager’s report – Update on City-Port Kah Tai Agreement.  The purpose of the report was “update only.” There was no “new news.”

The effort is on track with the Port and state Recreation and Conservation Office (RCO) to implement and finalize the City-Port Agreement. There haven’t been any glitches or points of controversy. It is taking longer than expected in part due to the number of details that need to be covered.  Staff are working with drafts of 9 new documents, plus an escrow agreement.

1. Quit claim deed (QCD) City to Port for City Dock and Union Wharf .
2. QCD City to Port (non-right of way/non Larry Scott Trail in Boat Haven).
3. QCD Port to City for Port Kah Tai Property.
4. QCD Port to City for Port dedication at Haines Place
5. Amendment to Project Agreement – City Dock.
6. Amendment to Project Agreement – Union Wharf Pier.
7. Amendment to Project Agreement – Union Wharf Transient Moorage.
8. Amendment to Project Agreement – Kah Tai.
9. 6f map delineating the boundaries of Kah Tai – both City and Port property – that would be subject to the federal grant restriction (passive park that preserves natural functions).

All drafts are prepared, and have gone through some early iterations.  The Port has reviewed and approved draft deeds, and commented to the RCO on draft project amendment language.  The Port’s comments are consistent with the City-Port Agreement, including, clarify the grant agreement to allow uses that are consistent with the City’s SMP and that do not interfere with public access, like fish and chips stand (dock/pier access issues).  It is not reported whether the project amendments are being reviewed by NPS or only RCO, but the ball is in their court at the moment.  The draft 6f map (which has gone through a couple of versions) is being reviewed by both RCO and NPS (and ball is in their court on this as well).  The area for the project amendments and for the conveyance of the QCDs is waterward of a now surveyed “demark line” (which is generally the seawall.)  One additional outstanding task might be the need for a survey at Haines Place at the corner of Sims to identify the portion of the Port property being dedicated for future intersection improvements – this is a work in progress.

 The escrow agreement between the City, Port and RCO provides a process spelling out how original documents would be processed and delivered to First American Title in escrow, and then handled by First American. The concept is that signed and approved original documents would be placed in escrow at First American, to be released and recorded as part of an inter-related package. The draft Agreement provides that once documents are placed with escrow, the title company would record the deeds, and then the map and project amendments would be released to RCO as final (they would not be final until the deeds were recorded).

At present, staff cannot predict a likely timeframe. Certainly, 2 months would be the earliest. It’s probably going to take a week or two (or more) to just get docs, once final, circulated for signatures and delivered to First American.