HomeMy WebLinkAbout144 R~;SO~UTI~L .LO 144 ~~-~ ~
In consideration of One Dollar (;?1.00) and other valuable considerations, the receipt
and suf['icfency of which are hereby ac~nowled~ed, the undersigned, hereinafter called the
"Vendor", who represents that he is the owner of the property hereinafter described, hereby,
for himself and his heirs, executors, administrators, successors and assi{[ns, offers and ~'~-
tees to convey to the United States of ~merica, in ac~.ordance with the t~rms and conditions
set [~orth below, the land, with the buildings, lmi:rovements and equipment thereon and
rights and appurtenances thereto, located in the :oun. ty of Kit~ap, State of ~ashin~ton,
bounded and described as follows:
Lot Ten (10), Tract Six (6), Warren S~ith's ~cre Tracts, Kitsap County, State of
.','ash~ngto n,
The terms of this offer are as follows:
(1) The .purchase price of said land is to bo the sum of One ($1.00) dollar~
payable as soon as the Unit~:.d States has accepted this offer and has had a reasonable time
witLln which to secure and examine the evidence oF title to said land, provided the Vendor
ca~ execute an~ deliver to the United States a quit claim deed conveying said land to the
~nJted States of .-~meriea in fee simple, Free from all enemmbrances, except tibet ~n con-
veyance by the states, municipal corporations, fiduciaries, and other persons actinf; in
a representative c~'~*~ity, a deed ,v?lich does not contain genera. 1 warranty covenants m~y be
accept:~.ble if otherwise satisfactory to the bnited States.
(2) It is the intention of the Vendor and he hereby agrees that this offer may be
accel:ted by the Un, ted States through any duly authorized representative, by delivering,
mailit~[], or telegra~>hing a notice of acceptance to the Vendor at the address stated below,
at any time ..¥ithin two months f~om the date hereoF.
(3) The lender will deliver to the representatives of the bnited States any abstracts,
certificates or i~oniments oF title available or in his i>ossessfon and, f? not ~:w~il~ble,
the United States will t'rocure at its own expense the necessary abstracts, certificates or
evidence o? title, ane .~?ill p~epare tie necessary deed of conveyance.
(4) ~ll taxes ~:~n~ e:lcumbrsnces .'~hJch are a lien a~[ainst tire land shall be satisfied
o~' record by the Ven~r at o~ before the trs~sfcr of title, and iJf the Vendor f~ils te do
so, the Ut~ited States may pay any taxes at~d encumbrances which are a lien a(tainst the
th:t the amr->unt et~ such payments sh~:~il be ,~ed~cted f?op: the [~urchase price oF the land;
that subsequent to the acceptance of this offe~ and the request of the lnited :.~tates by
its authorized representatives a:~d ~vithout prior ]:ayment or tender of the purchase price,
t~e Vendor ar?ees to exes:ute and deliver the general '//arranty deed hereinr-~bove provided
for conveying to t'~e United States the land herein contr':.cted; that the Vendor agrees to
[.~ay t'e doc~entary revenue st~m~i>s tax and r~:~cordlng fees on such dee; and agrees to obtain
and r~cord each other evidence of title as may be required by the b~lited States.
(5) T!~e Vendor adrrees that loss or damage to the pro[,erty by fire or acts of
sh~-~ll be at the risk of the Vendor until the title to the land and deed to the Onited States
h~ve beert accepted bT:/ the bnited ~;tates t~rou~'h its duly authorized representative, or
until the ri~'~.t of immediate occupancy ond use o~ the land, as hereinbelow provided for,
h~:s been exorcised by the United ~States, and exercised by the United 5tares, and in the
event that such loss or dams,ua occurs, the United States may, ',',~ithout liability, refuse
to accept conveyance of title, or it m,~y elect to acceder conveyance oF title to such
pr'oper'ty, in which case there shall t.~e ~n eqt~itable odjustment of the -Turchase price.
(6) T+'e Vendor a,~rees tl-mt in the ewmt the United 5tares determines, notwithst~ndin~
t~te !riot exercise oF this offer, t~:e title to st,id l~nd or any portion thereof or any
int~erest of this offer, the title to sa!5 lanzl or any ;'rotion tt:ereof or any ir~terest
t~'tereit~, to be t. msatisf~actcry For purchase by deed, the Onited States, :ri its election,
act'~uirc t::c s~-m~e by condemn~:~tion with or .,vit.::out a declaration of taking; ?mS in that event,
the ,'er~do~ agre~s to cooperate with the United States in the prosec~tion of s~.~ch procee.Jinfs
and the Vendo~ af~rees that this o[.:tion shall, without more, constitute a stipulat!~n
m~f be Fil.~:d ~;l such proceedings and shrill be firtal ~td conclusive evidence of t~_e t~'ue
va.lt~e of tl~e v~hold o~] s:f~id [~'o?ot'ty alid oI' t}~e ?roper a,'~ard te be i-:~ade in such proceedi~l~s.
(7) :i'~e Vendor :~}rants to the United States, the ri?bt of im~edi~tte occupancy end usa
of t?t,e 1..,.;nd heroit~above descri~.}ed, for any ?t~r".~ose ',¥hatsocver, From and cf'tar ttte
by the U}~ited States of t~is offer, until such tfz~e ss said l~ad ~s conveyed to the L~-~ted
8t'~tte:s by the Vat, der he:-einabove ~,?ovided.
({;) It is ayrced ti~a't the sl,ouse, if any, of the Venl~':r by si~Tning balers, a~rees to
join in any deed to the United St~-~tes and to axe, cute any instrument deer~ed :~ece,~ary to
co~:vey to t':e b~tites States any sepurate or corn unity est:rte or inter::~st in ttte oon. tracted
[ro~:erty oF to relir~0uish and release any down:r, courtesy, ltomestead ou oth. r ri,,l]~ts or
interest of such s:.:ouse therein.
(9) T?~e above description of the reel estate is subject to such modtfic~tions as may
be necessury to conform to survey (if any) made by the silents of the United States.
{10) The Veado~ repr.:~se~ts and it is ~} conditi._'n of acceptance of this proposal,
th,:~t no [..ember of or Delegate to Congress, or !{esident Commissioner, shall be admitted to
or share any part of this option, or to any benefits that may arise therefrom; but this
't?ovision shell not be construed to extend to any contract if made ';~ith a corporation
for its '"eneral benefit.
(!l) .Vherever the context thereo£ requires, the singular numb,::r as used herein sh~ll be re~
vlural, .'~:d tb.o ~':asculine /:ender as feminine or neuter.
o~.~,~?m SEALED :JD DE[.IV~SED in triplicate, this 20th day of October, 1941
c. ,,IT.~F,'ooES:
City of Bremerton (,~=.-~L) ", t:~'o~'
H..-.. Bruenn ['layer E.J.i.[cCall
i~. i~'rank .,'ilkes Co~:m~issioner City Clerk
C. C. Casad Conm.issioner
SU[~:VEY & EX]~LO~ATION PEXI'(IT AS PER
RESOLUTION NO. 144
STXTi~ OF 'VAS~_I"iGTOU )
SS
CfUIiTY CF ~' mS "'
. u.~,tTI~.~, of the s~m of one dollar (.~1.00) and other valuable considerations, the
recei~t and sufficiency of .,,~hich are kereby acknowledged, the undersigned, hereinafter calle5
t~e "Owner", ~rants to the United States of ,~erica, hereinafter called the "Government" a
survey and exploration permit upon the following terms and conditions:
1. The owner hereby grants to the government an irrevocable right to enter u~on the lan
hereinr:fter aescribed at any t.tme within a period oF months from the dste of this
st,~uma:~t, in o?der to survey and carry out such other exploratory work ~s tony be necessary
coz:nectlcn ,vith the property.
~. Th~s license includes the rJfht of i~t~ress and egres~s on other lands of the
not lescr~bct below, ~)rovided such in(~'ress ~md e~:::ress is necessary and not ~"
ve!,:].a~tly aw:~l~l)le to the government.
z_. ,~11 tools, equ~'ment, and other ~roF. crtias. ~.~l~:~ced. upon the land b.v. the ,,,.~.v.~ ~',~,e-t
shall re~t~'~in the property of the ~ovem-m:ent a~d may be removed by the ~f:ow~rnment at any time
within a ,er sortable '~:eriod after the exF, ira'tJ~n of this license.
4. The f[overnment shall ]:~ve the ri?hr tc patzol and police the lands hereinafter ~es-
cribe~] during the period oF this liceuse.
5. The licensor hereby waives and releases ny ~ild all claims for dama~:es arisin~ i'rom
the nctivity or ~nact'ivity of the Govermnent, its officers, a~ents, employees, representative
or assi~zits o~] said land, in the reasonable exercise of this license.
6. The l~md-a'Ffected by this permit is located in the State of Washin~ton, County
Kitsap, and is described as follows:
Lot Ten (10), Tract Six (6), Warren Smith's Acre Tr~cts, Ktts~_~p County, stere of
,'f~tsh. ingtc, n.
¥~ITNES2 ?Y HA]iD ;~UD SEAL this 20th day of October, 1941
E. J. ~(cCull L. Frank Wilkes
City Clerk C. C. C~sad Com::issto
-97-
RESOLUTIOL~ [,]0. 144
3~: IT RESOLI.Ufi~:D bY the City Cosm~ission of the City of ~remerton that the ~]syor
and City Clerk be and they are hereby directed to execute for and on behalf of the
C~ty of Dremerton a certain option for purchase of land, a certain survey and exp-
loration perm~t by and between the city of Bremerton, as Vendor, and the United St~ates
of ;ur~erica, as Vendee, together with such further deeds and le~al,instr~ur~ents as may
be necessary to transfer' the property described in the option for purchase of land,
which option has been read to the City Commission at a special meeting of the City
Cornuission on this goth day of October, 1941, whereby the Vendor, the City of Brem-
erton, agrees to sell to the Vendee the following described real property, to-wit:
Lot Ten (10), Tract Six (6), ;;arren Smith'~ Acre Tracts, Kitsap County,
State of ,~ashington
in order that t~e United States of America may construct a Recreational Center thereon.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to deliver tri-
plicate original copies of said option for purchase of land and survey and exploration
permit, to the Project ~ianager, Quartermaster General, U. S. Army, Seattle, ';'~ashington,
tofether with s certified copy of this resolution.
B'~ IT ?I.~RTH~]i~ ~!~SOLVED that if the aforesaid option for purchase of land be ex-
ercised by t~'~e Vendee, United States of America, the kayor and City ler~ be and they
are hereby directed to execute a deed in accordance therewith, for and on behalf of
the City of Bremerton.
~SS~D by the City Coum~ission, of the City of Bremerton, sit, ned by the ~ayor,
and attested by the City Clerk in authentication thereof, this ~0th day of October,
1941.
~,.[ayor