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Home My WebLink About200509300237 (2) .' < 0 ,. I ___u __.__. ...__. ... _ 200509300237 ; .. Page: 1 of 3 . I I 08/30/2005 10 : 20A LAND TITLE CO QCD $66.00 Kitsap COI WA Return Address: Bremerton City Attorney's Office 345 6th Street, Suite 600 Bremerton, WA 98337 KITSAP COUNTY TREASURER EXCISE 09/30/2005 eco SCt 1 2- 200!5EX09590 Total : $ Clerk's Initial _~~~_~~ AUDITOR/RECORDER'S INDEXING FORM Document Title(s): 1. Release of Use Restrictions and Quit Claim Deed Reference Number(s) of Documents assigned or released: 1126171 Grantor(s): 1. United States of America D Additional names on page of document. Grantee(s): 1. City of Bremerton D Additional names on page of document. I Legal Description: Ptn Lot 48, Brentwood, VollPg. 5/5 and East Yz SWQ, S16 T24N R1E ( abbreviated) '(3l \A Z. J 'f~'^- 00 Additional legal is on page 10f2 of document. Assessor's Property Tax Parcel/Account Number: 3719-002-048-0105 ... . . .. '"~ . . RELEASE OF USE RESTRICTIONS AND QUITCLAIM DEED WHEREAS, on March 12, 1976 the Bureau of Outdoor Recreation acting for the Secretary of Interior, on behalf of the United States of America, granted the City of Bremerton (city), a political subdivision of the State of Washington a quitclaim deed to three parcels of land (Tracts I, II, and III) containing approximately 3.79 acres and located in Section 16, Township 24 North, Range 1 East, Willamette Meridian, and recorded in the Office of the County Auditor as file number 1126171; and WHEREAS, on December 16, 1980, the City of Bremerton released and relinquished approximately one acre contained in Tract I to the United State of America by document recorded in the Office of the Kitsap County Auditor as file number 8012300076; and WHEREAS, on October 29, 2002, the National Park Service, acting for the Secretary of Interior, on behalf of the United States of America (National Park Service), executed a release of use restrictions and quitclaim deed for Tract III, a 0.18 acre parcel described in the 1976 deed, recorded in the Office of the County Auditor as file number 20021203028, subject to replacement pursuant an agreement between the City of Bremerton and the National Park Service executed on October 15, 2002; and recorded as document 200406180120 in the Office of the Kitsap County Auditor. WHEREAS, on December 13, 2004 the city formally requested a further release of the covenants and restrictions on Tract II, the remaining portion of the encumbered property conveyed by deed recorded in the Office of the Kitsap County Auditor as file number 1126171, containing 2.27 acres, due to it's diminished value for serving park and recreation needs of the city and surrounding area in exchange for the imposition of similar covenants and restrictions on identified or alternate candidate replacement properties with a value not less than Tract II. WHEREAS, on April 6 , 2005 the city and National Park Service entered into an agreement for the release of covenants and restrictions on Tract II, the remaining portion of the encumbered property conveyed by deed recorded in the Office of the Kitsap County Auditor as file number 1126171, and providing for the acquisition by the city of replacement property approved by the National Park Service and determined to have similar recreation utility and market value, and committing the city to impose covenants and restrictions contained with a deed recorded in the Office of the Kitsap County Auditor as file number 1126171 on behalf of the Federal government; and WHEREAS, the terms and conditions of the deed restricts the use of the subject property for park and recreation purposes and prohibit the sale, lease, or assignment of the described property except to another eligible governmental agency approved in writing by the Secretary of the Interior; and WHEREAS, the National Park Service finds said release and agreement provides for the accomplishment of the purpose for which the property was transferred and the terms and conditions provided for under agreement will protect and advance the interest of the United States; and WHEREAS, the General Services Administration has concurred with the valuation and agreement for replacement of the converted property in accordance with Federal Property and Administrative Services Act [40 U.S.c. 484 (k)(4)]. City of Bremerton, W A - West Park Tract III Page 1 of2 Release of Use Restrictions and QuitClaim Deed I . I I 200509300237 Page: 2 of 3 "--=.>" --.-- ...... - . I 08/30/2005 10 : 20A LAND TI TLE CO QCD $66.00 Kitsap COI WA r , . . ' ~ , ~.. 4f .. ,. " .. NOW THEREFORE, in accordance with Federal Property and Administrative Services Act [40 U.S.C. 484 (k)(2)] the Secretary of the Interior, acting by and through the Director of the National Park Service, hereby quit claims and releases Tract II, as described in a deed executed on March 12, 1976 and recorded in the Office of the County Auditor as file number 1126171 from the covenants and restrictions contained therein. IN WITNESS WHEREOF, the United States has caused these presents to be executed in its name and on its behalf on this the c- day of April, 2005. UNITED STATES OF AMERICA ACting~1}l::~:e fuWrior By / ( Ray Murr. Partnershi 1 Programs Chief National Park Service, Pacific West Region (COUNTY OF ALAMEDA) ) SS. (STATE OF CALIFORNIA) On this r day of April, 2005, before me, the subscriber, Ray Murray, Partnership Programs Chief, National Park Service, Pacific West Region, personally appeared to be known and personally known to me to be the Partnership Programs Chief, National Park Service, Pacific West Region, acting by and through the Secretary of the Interior, a governmental agency of the United States of America, and known to me to be the same person described in and who executed the foregoing instrument as such Partnership Programs Chief, National Park Service, Pacific West Region, as the act and deed of the United States, for and on behalf of the Secretary of the Interior, and he acknowledged that he executed the foregoing instrument for and on behalf of the United States of America, for the purposes and uses therein described. Witness my hand and official seal. F_u~u.~-.-f 9?J.~~ NOTARY PUBLIC ! - - '~~"'e I ~ . 0Bqncf A.lDfON j l8Ultgl 11 UClIIIIWUICO f 1.=:-:=7-1 AHOT1IIl9 S~'W ...._~....... ...............,............. i Notary PublIc . CalIfomkI NamecIOCountyd l~ _ _ ~~~_~3~ City of Bremerton, W A - West Park Tract III - -~ Release of Use Restrictions and QuitClaim Deed I I 200509300237 Page: 3 of 3 - 08/30/2005 1O:20A I I LAND TI TLE CO QCD $66.00 Kitsap COI WA AMENDMENT NO.1 TO AGREEMENT CONCERNING CONVERSION AND REPLACEMENT OF PROPERTY CONVEYED FOR PARK AND RECREA TIONUSE WHEREAS, on AprilS, 2005, the City of Bremerton, a municipal corporation of the State of Washington (City) and the United States of America National Park Service (NPS) entered into an Agreement Concerning Conversion and Replacement of Property Conveyed for Park and Recreation Use (Agreement); and WHEREAS, the terms of the Agreement required the City to acquire NPS approved replacement property within 360 days of the date of final approval of the Agreement; and WHEREAS, the City continues to pursue NPS approval of appropriate replacement property and desires to extend the time in which to complete the transaction; NOW THEREFORE, in consideration of continuing efforts, CITY and NPS agree as follows: Section B 5 of the Agreement is hereby amended to extend the deadline for acquisition and approval of replacement property to September 30, 2006. All other terms of the Agreement not specifically amended herein shall remain in full force and effect. '~ By Cary ozeman Mayor Date l\-l~ - Db City of Bremerton, W A / National Park Service Page I of I Amendment N~ 1 to Agreement for the Replacement of SR3/Tract II Property Transferred for Park Purposes Office of the City Attorney Roger A. Lubovich, City Attorney April 14, 2006 Mr. David Siegenthaler National Park Service 1111 Jackson Street, Suite 700 Oakland, CA 94607-4807 Re: Conversion and Replacement of Property Conveyed for Park and Recreation Use Dear Mr. Siegenthaler: I enclose a fully executed duplicate original of Amendment No.1 to Agreement Concerning Conversion and Replacement of Property Conveyed for Park and Recreation Use. Thank you for your assistance in this matter. Enclosure tvs Thelma Swem Paralegal ra" COpv <.II( /;1IfI r f'Ot? 'tA OI(A-l1l/0q ~f'" r~ AGREEMENTCONCE~G CONVERSION AND REPLACEMENT OF PROPERTY CONVEYED FOR PARK AND RECREATION USE WHEREAS, on March 12, 1976 the Bureau of Outdoor Recreation acting for the Secretary of Interior, on behalf of the United States of America, granted the City of Bremerton, a municipal corporation of the State of Washington a quitclaim deed to three parcels of land (Tracts I, II, and III) containing approximately 3.79 acres and located in Section 16, Township 24 North, Range 1 East, Willametle Meridian, and recorded in the Office of the Kitsap County Auditor as file number 1126171; and WHEREAS, on December 16, 1980, the City of Bremerton, hereinafter called City, released and relinquished approximately one acre contained in Tract I to the United State of America by document recorded in the Office of the County Auditor as file number 1126171; and WHEREAS, on October 29,2002 the National Park Service, hereinafter called NPS, as the successor to the Bureau of Outdoor Recreation released Tract III, encroached upon by an adjoining autoIJ1obile sales 10tfrom the covenant and restrictions contained within the grant deed subject to an agreement for the imposition of similar covenant and restrictions by the City on behalf of NPS on replacement property. @? Said NPS release being recorded in the Office of the Kitsap County Auditor as file number 20021203028. Pursuant to the terms of the agreement, on May 20,2004 the City imposed covenants and ~ conditions contained in the original grant deed on replacement property approved by NPS as recorded in the Office of the Kitsap County Auditor as file number 200406180120; and WHEREAS, on December 13, 2004 the City formally requested a further release of the covenants and restrictions on Tract II, the remaining portion of the encumbered property conveyed by deed recorded in the Office of the Kitsap County Auditor as file number 1126171, containing 2.27 acres, due to it's diminished value for serving park and recreation needs of the city and surrounding area in exchange for the imposition of similar covenants and restrictions on identified candidate replacement properties with a value not less than Tract II. The City requests the release of restrictions permitting the immediate sale of Tract II, subject to the subsequent purchase of replacement property with an appraised fair market value not less than that of Tract II, approved by NPS, and the imposition of covenants and restrictions contained within the original grant deed recorded in the Office of the County Auditor as file number 1126171 by the City on behalf ofNPS; and WHEREAS, the city has commissioned an appraisal of Tract II determining the fair market value of Tract II in March 2004 of $5681>0; and ~ /2h WHEREAS, the terms and conditions of the deed restricts the use of the subject property for park and recreation purposes and prohibit the sale, lease, or assignment of the described property except to another eligible governmental agency approved in writing by the Secretary of the Interior; and WHEREAS, City continues to pursue the possible acquisition of alternate candidate replacement properties identified in the letter dated December 13, 2004 attached hereto and made a part of this agreement; and. WHEREAS, NPS permits delays of up to one year for the replacement of converted park property acquired or developed with Land and Water Conservation Fund grant assistance (36 CFR 59.3(c)). City of Bremerton, W A/National Park Service Page 1 on Agreement for the Replacement of SR 3/Tract II Property Transferred for Park Purposes (W A 586B) -,- r--_.6 . NOW THEREFORE, in consideration of continuing efforts, City and NPS agree as follows; A. NPS, with the concurrence of the General Services Administration and the city's commitment to fulfilling B 1-7 below, shall execute a release of the covenants and restrictions affecting Tract II, described herein. B. City, for consideration provided by NPS in A above, shall; 1. Diligently pursue the acquisition of candidate replacement property identified in the attached December 13, 2004 letter or other property reviewed and approved by NPS as providing equivalent or greater recreation utility. 2. Commission and submit to NPS for review and approval appraisals prepared in accordance with the Uniform Standards for Professional Appraisal Practice for proposed replacement property or updates to existing appraisals which are more than two-years old at the time of requested NPS approval. 3. Conduct due diligence in the evaluation of environmental conditions on any proposed replacement property, including conducting a technical review of documents concerning environmental investigations, surveys, coring, and testing as deemed appropriate based upon the technical review of documents and provide said document and technical reviews to NPS for evaluation. 4. IndemnifY and hold-harmless NPS and other agencies of the United States of America from any liabilities associated with environmental conditions created on the site resulting from the activities of the City or it's agents and the imposition of covenants and restrictions contained within the original grant deed recorded in the Office of the Kitsap County Auditor as file number 1126171 imposed on behalf of the United States of A~erica. 5. Within 360 days of the date of final approval of this agreement, or as subsequently amended, acquire replacement property, approved by NPS as having equal recreation utility with an appraised value not less than $568~0, the value of Tract II as determined in the March 2004 appraisal. e!!b---~ 6. Establish a reserve account containing the proceeds from the disposal of Tract II to be used exclusively for the acquisition and/or improvement of approved replacement property with an appraised fair market value not less than the appraised value of Tract II. 7. Following acquisition of approved replacement property, impose on behalf of the United States of America non-revocable covenants on replacement property or portions thereof with a value equivalent to Tract III as contained within the deed executed on March 12, 1976 by the Bureau of Outdoor Recreation acting for the Secretary of Interior, on behalf of the United States of America and recorded in the Office of the Kitsap County Auditor as file number 1126171. C. In the event City is unable to complete an acquisition as specified under item 4 of this agreement, City shall at the option of NPS surrender to the United States of America the proceeds of the reserve account as provided for in item B 6 of this agreement. City of Bremerton, W A/National Park Service Page 2 on Agreement for the Replacement of SR 3/Tract II Property Transferred for Park Purposes (W A 586B) -.".: - << . D. This agreement may be modified by mutual consent of both parties. E. The agreement shall terminate upon the execution and recording of covenants and restrictions specified in item B7. :(2RE~ .:7 By RayM Plannin nd Partnership Team Leader 1J1!t(rY'- National Park Service, Pacific West Region Title Date it 14 oz> Date :Y~-J/ ;t>S City of Bremerton, W AlNational Park Service Page 3 of3 Agreement for the Replacement of SR 3/Tract II Property Transferred for Park Purposes (W A 586B)