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.

an 'urban refuge' for birds

Flyways Map from National Audubon

The Kah Tai bird survey continues to make friends and influence people. The headline in the Peninsula Daily News this morning is: "An 'urban refuge' for birds; Audubon lauds lagoon".

We had attended a Monday morning County Commissioners' meeting to hand out copies of the report to the Commissioners. The PDN reporter at the Commissioner's meeting accepted a copy, read it and asked a few questions. Then he quoted it extensively and only got a few facts bent a little in the re-telling. It's easy enough to still think that the park is protected because it was purchased with federal grant money, as the article says. The story is more complicated than that. Private parcels incorporated into the park were bought with federal and state funds. Public lands were intended to be included at no cost. But all the land within the boundary is protected if any of it was purchased with federal LWCF dollars. That's how LWCF parks work.

Last weekend, the report was handed to the President of National Audubon and to the Vice President for the Pacific Flyway at a meeting of Washington Audubon in Poulsbo. Kah Tai is a resting, nesting and feeding stop on the Pacific Flyway. That fact was noted more than 30 years ago in the documents supporting the grant proposal that created the park. Recently, National Audubon has re-organized to align with the flyways that migratory birds utilize. Our park is habitat on a migratory flight path that for some species runs from the Arctic to the tip of South America. And it just got a little more recognition.

a park for many purposes

photos by Julie Jaman

in memoriam: Frank D'Amore

click on image to enlarge

In the archives of the Friends of Kah Tai is a letter signed by Frank D'Amore and Peggy Albers. In November 1982 they wrote an open letter to all 'Friends of Kah Tai Lagoon' to raise funds for the legal bills associated with "the protective lawsuits which prevented short-sighted destruction of the area...filed on behalf of all of us who appreciate Kah Tai Lagoon and share the values which the Lagoon Park represents...".

We have all lost a friend, even those of us who never got to know Frank D'Amore.  Our community has lost one of our longtime visionaries, who made a difference from the scale of the Marine Science Center right down to our daily bread. Heartfelt sympathy to his family and friends.

the end of July and a sigh of relief

Male Ruddy Duck in full breeding plumage at Kah Tai

July 31, 2012 is a date that held considerable concern for those who want to protect Kah Tai. It is the day that the 30-year Kah Tai lease between the City and Port has been set to expire. And here we are, on July 31, 2012. The lease is still in place while the final details are completed for the long-awaited transfer of the Port's Kah Tai holdings to the City.  That status quo for the Park's management is spelled out in '1. Escrow Account Established' in Exhibit A of the Joint Resolution signed by the City and Port on May 21, 2012.

Meanwhile, back at the Park:

Admiralty Audubon's Kah Tai Lagoon Nature Park bird survey report is now complete! The report's cover image is seen above, courtesy David Gluckman.

From October 2009 to October 2011, Admiralty Audubon chapter birders conducted 52 daylight surveys of birds in the park. Two-thirds of the species counted in the survey are land-based birds, utilizing the maturing uplands of the park. Ninety-eight species and their seasonal distributions were counted during the surveys.

In the process of analysing the survey results, we were fortunate to locate in the Friends of Kah Tai's archives five historic bird lists from Kah Tai, including one undertaken by AAS chapter founder, Eleanor Stopps, and first chapter president, Bernard Beck, from 1978-1979. The historic lists were incorporated into the analysis. The Park's historic species list is now documented at 150, as a new species was added a couple of weeks ago - Western Kingbird.

AAS has just completed a data- and photo-rich presentation of the survey results. It provides a brief overview of park history, a useful guide to what birds you might expect to see at any given visit and some excellent photography of the birds at Kah Tai. If you'd like an electronic copy of the report, you can download it at http://admiraltyaudubon.org. It is approximately 2.7 MB.

Printed copies of the report will be available in limited numbers soon. Check back on the AAS website for more information.

now that we're here, it seems so easy

On July 16th, City Council moved forward with the majority of City actions needed to complete the transfer of the Port's Kah Tai lands to the City.  Specifically, they passed Ordinances 3078 and 3079 unanimously for first reading. The first ordinance will amend nonconforming use provisions  in Chapters 17.88 and 20.01 of the Municipal Code. The second will vacate rights of way in the Boat Haven. Council approved unanimously Resolution 12-030, which will lead to the transfer of City's ownership interest (except for Pope Marine Building) in City Dock and Union Wharf, and the abandoned railroad line in the boat haven (but not any part affecting the Larry Scott Trail).

They held Ordinance 3080 which would vacate a portion of Madison Street ROW associated with City Dock due to some issues about underlying property servitudes (remember RCO and perpetuity?) to be discussed by the full negotiating committee. Council approved unanimously a first reading of Ordinance 3081 repealing Municipal Code Chapter 5.46 pertaining to City Dock and Union Wharf use regulations and charges, and passed unanimously Ordinance 3082, amending Municipal Code Chapter 13.05 about utility rates and added section 13.05.055 Boat Haven - Exemption From Stormwater Fees.

On July 25th, The Port Commission held their formal hearing to surplus their Kah Tai holdings. With no objections and only one public comment (in support), the Commission agreed that the Port Administration will draft a resolution to finalize the transfer to the City to be considered (signed) at their next meeting.

See how easy this is? Or at least it looks easy sitting in the bleachers.

protecting public parkland

The complicated process required to transfer the Port's Kah Tai holdings to the City is well underway and moving along rapidly. One completely unexpected consequence can be read at the link below. Who knew that the primary voice for developing Kah Tai these last 30-odd years could have had a change of heart so complete that we now find protecting Kah Tai held up as the model for protecting public land from development?

http://www.peninsuladailynews.com/article/20120627/news/306279991/proposed-land-buy-in-quilcene-by-seafood-company-to-be-discussed

On 14 June 2012, the Port Townsend Planning Commission forwarded to City Council the necessary Municipal Code changes with regard to nonconforming uses, and City Council passed Ordinance 3075 on 18 June 2012. Next up is a City Council hearing on 16 July 2012 addressing right-of-way vacations in the Boat Haven and other issues prior to property transfers.  Also look for a Port hearing soon to provide guidance and permission for the Port Manager to schedule the necessary public process to surplus their Kah Tai land so it can be transferred.