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Home My WebLink About8112290062 C) ...~i\i I }' CA Sf NtJ. /o~ 'WA,- 0" '5 . ;"~ · J C(J ~ -fJ t:\l (Q o <::> "'> N N ..... ..... 00 DEED /7 . ol5e I /9 ~ I THtS INDENTURE, made this ;;i5:&th day of Hal: eL ,..~.' between the United States of America, acfing through the Secretary'of Health and Human Services, by Bernard E. Kelly, Regional Director for Region X of the Department of Health and Human Services, under and pursuant to' the power and authority provided by the Federal Property and Administrative Services Act of 1949 (63 Stat. 377 ).., as amended (hereinafter called the Act), and regulations promulgated pursuant thereto, and City of Bremerton, Washington (hereinafter called the Grantee). WITNESSETH WHEREAS, by letter dated November 25, 1981, from the General Services Administration, certain surplus property consisting of a portion of the Arsenal Way to Chico Highway property in Kitsap County, Washington, of approximately 1.4 acres of unimproved land hereinafter described (hereinafter called the Property), was a~signed to the Department of Health and Human Services (hereinafter called the Grantor) for disposal upon the recommendation of the Grantor that the Property is needed for public health purposes in accordance with the provisions of the Act; and . WHEREAS, said Grantee has made a firm offer to purchase the Property under the provisions of the Act and has made application for a public benefit allowance; and proposes to use the Property . for said purposes; and WHEREAS, the General Services Administration has notified the Grantor that no objection will be interposed to the transfer of the Property to the Grantee, and WHEREAS, the Grantor has accepted the offer of the Grantee, with a public benefit allowance of fifty'percent (50%), NOW, THEREFORE, the Grantor, for and in consideration of eighty-five thousand (85,000) dollars (which sum represents 50% of FtlEDJA~~~~~ TllitE INS. CO. cREQ. OF EXCISE TAX EXEMPT - 1 .OEC 29 1981 AM 8:0U D~t C C) {},19R"lr~ . - ~ {j co ,t. i RfH243FR207f GllUE EDER'- KITSAP COUNTY lREASURER SHERRIL HUFF 'KlTSAP COUNTY AUDITOJt '-D:EPYTY Jb~ " 8112290062 j -~--- . . the fair market value of the property) and of the observance and performance by the Grantee of the covenants, conditions and restrictions hereinafter contained and other good and valuable consideration receipt of which is hereby acknowledged, has remised, released and quitclaimed and by these presents does remise, release and quitclaim to the Grantee, it$ successors and assigns, all right, title, interest, claim'and demand, excepting and reserving such rights as may arise from the operation of the conditions subsequent hereinafter expressed, which the United States of America has in and to the Property, situate, lying, and being in the County of Kitsap, State of Washington, and more particularly described as follows: That portion of the Northwest qua-rter of the Southeast quarter of Section 16, Township 24, North, Range 1 East, W.M., described as: Beginning at a concrete monument set at the intersection of the southerly right of way line of Kitsap Way (formerly Primary State Highway No. 21 - 100 feet wide) with ths westerly right-of-way line of Arsenal Way (40 feet wide), as said right-of-way lines were located on February 29, 1960; thence South 240 24' 40" West along said westerly right-of-way line 100.78 feet to the true point of begin- ning; thence continuing along said right-of- way line South 240 24' 40" west 420.24 feet; thence North 160 26' 57" West 140.07 feet~ thence North 10 21' 56" West 292.03 feet~ thence North 400 12' 58" East 35.00 feet~ thence North 890 38' 33" East 178.49 feet~ thence South 150 03' 12" East 73.99 feet to the true point of beginning. Subject to twenty (20) feet easement for sewer being ten (10) feet each side of the following described line~ begin at the true point of beginning of said Tract I, thence South 240 24' 40" West 420.24 feet~ thence North 160 26' 57" West 140.07 feet; thence North 010 21' 56" West 60.6 feet and the true point of beginning for this exception~ thence North 690 46' 04" East 8.6-feet~ thence North 460 57' 04" East to the westerly side of Arsenal Way that has a bearing of South 150 03' 12" East and the end of this exception. TO HAVE AND TO HOLD the property subject, however, to each of the following conditions subsequent, which shall be binding - 2 Rtfl243~2072 8112290062 upon and enforceable against the Grantee, its successors and assigns, as follows: 1. That for a period of thirty (30) years from the date' hereof the Property herein conveyed will be used con- tinuously for public health purposes in accordance with the proposed program and plan of the Grantee as set forth in its application dated the 5th day of October, 1981, as supplemented on the 16th day of October, 1981, and for no other purpose. 2. That during the aforesaid period of thirty (30) years the Grantee will not resell, lease, mortgage, or encumber, or otherwise 'dispose of any part of the Property or interest therein except as the Grantor or its successor in function may authorize in writing. 3. That one year from the date hereof and annually there- after for the aforesaid period of thirty (30) years, unless the Grantor or its successor in function directs otherwise, the Grantee will file with the Grantor or its successor in function reports on the operation and main~ tenance of the Property and will furnish, as requested, such other pertinent data evidencing continuous use of the Property for the purposes specified in the above identified application. 4. That during the aforesaid period of thirty (30) years the Grantee will at all times be and remain a tax supported organization or nonprofit institution, organization, or association exempt from taxation under section 501(c)(3) of the Internal Revenue Code of 1954. 5. That, for the period during which the Property is used for the purpose for which the Fed~ral assistance is hereby extended by the Grantor or for another purpose involving the provision of similar services or benefits, - 3 RfEl2-43fR2073 8112290062 . . the Grantee hereby agrees that it will comply with the requirements of Section 606 of the Act, Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and Section 504 of the Rehabilitation Act of 1973 (P.L. 93-112), and all requirements imposed by or pursuant to the Regulations of the Grantor (45 C.F.R. Parts 12, 80, 84 and 86) issued pursuant to said Acts and now in effect, to the end that, in accordance with said Acts and Regulations, no person in the United States shall, on the ground of race, color, national origiri, sex, or handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under the program and plan referred to in condition numbered 1 above or under any other program or activity of the Grantee, its sticcessois or assigns, to which such Acts and Regulatiohs apply by r~ason of this conveyance. In the eve~t of a breach of any of the conditions. sub~equent set forth above, whether caused by the legal or other inability of the Grantee, iis successors and assigns, to perform any of the obligations herein set forth, the Grantor or its successor in function will, at its option, have an immediate right of reentry thereon, and to cause all right, title, and interest in and to the Property to revert to the United States of America, and the Grantee, its suC~essors and assigns, shall forfeit all right, title,' and interest and to the Property and in and to any and all of the tenements, hereditaments, and appurtenances thereunto belonging; PROVIDED, HOWEVER, that the failure of the Grantor or its successor in function to insist i~ any one "or more instances upon complete performance of any of the said conditions subsequent shall not be construed as a waiver of or a relinquishment of the future performance of any of said conditions subsequent, but the obligations of the Grantee with respect to such future performance - 4" - RfH24:3F.R2074 8112290062 I - 5 REH243FR2075 8112290062 :~ Grantor or for another purpose involving the provision of similar services or benefits, and which covenant shall in any event, and without regard to technical classification or designation, legal or o~herwise, be binding to the fullest extent permitted by law and equity, for the benefit of and in favor of and enforceable by the Grantor or its successor in function against the Grantee, its successors and assigns for the Property, or any part thereof that it .wilI comply with Section 606 of the Act, Title VI of the Rights Act of 1964 (P.L. 88-352), and Section 504 of the Rehabilitation Act of 19.73 (P.L. 93-112) and with all require~ents imposed by or pursuant to the Regulations of the Grantor (45 C.F.R. Parts 12, 80, 84, and 86) issued pursuant to said Acts and now in effect, to the end that, in accordance with said Acts and Regulations, no person in the united States shall, on the. ground of race, color, national origin, sex, or handicap, be excluded from participation in, .be denied the benefits of, or otherwise be subjected to discrimination under the program and plan referred to in condition numbered 1 above or under any other program or activity of the Grantee's, its successors or assigns, to which said ,Acts and Regulations apply by reason of this conveyance. In the event title to the Property or any part thereof is reverted to the United States of America for noncompliance or is voluntarily reconveyed in lieu of reverter, the Grantee, its successors or assigns, at the option of the Grantor, or its successor in function, shall be responsible for and shall be re- quiredto reimburse the united States of America for the decreased value thereof that is not the result of reasonable wear and tear, an act of God, or alternations and conversions made by the Grantee, its successors or assigns, to adapt the Property to the public health use for which the Property was transferred. The united States of America shall, in addition thereto, be reimbursed for such damage, including such costs as may be incurred in - 6 REft243FR2076 8112290062 ',' . recovering title to or possession of the above described Property, as it may sustain as a result of such a noncompliance. The Grantee may s~cure abrogation of the conditions subsequent numbered 1, 2, 3, and 4 herein by: a. Obtaining the consent of the Grantor, or its successor in function, therefor; and b. Payment to the United States of America of 1/360th of the percentage public benefit allowance granted of the fair market value,' as of the date of such r~quested abrogation, of that portion of the Property to be released for each month of the period to,be abrogated. The Grantee, by acceptance of this deed, further covenants and agrees for itself, its successors and assigns, that in the event the Property or any part thereof is, at ,any time wi thin the period of thirty (30) years from the date of this conveyance, sold, leased,'disposed of or used for purposes other than those designated in conditibn nurn~ered I above without the consent of the Grantor, or ,i ts successor in function, all revenues therefrom or the reasonable value, as determined by the Grantor, or its, successor in function, of benefits to the Grantee, deriving directly or indirectly from such sale, lease, disposal or use, shall be considered to have been received and held in ~rust by the Grantee for the united States of America and shall be subject to ,the direction and control of the Grantor, or its successor in function; but the provisions of this paragraph sha~l not impair or affect the rights reserved to the Grantor under any other provision'of this deed. -' 7 REH243FR2077 8112290062 " IN WITNESS WHEREOF, the Grantor has caused this instrument to be executed as of the day and year first above written. UNITED STATES OF AMERICA Acting through the Secretary of Health and Human Services By: . KE LY Regional Director Department of Health Seattle, Washington Human Services RfH243rR2078 - 8 8112290062 ", '. " . ACKNOWLEDGEMENT State of Washington. ) ) ss County of King ) 1"~ On this ~ day of D~ ,1981, before me, ~- J 1~ , a Notary Public in and for the co~ KIng, State of Washington, personally appeared Bernard E. Kelly, known to me to be the Regional Director, Department of Health and Human Services, and known to me to be the person who executed the foregoing instrument on behalf of the Secretary of Health and Human Services, for the United States of America, and acknowledged to me that he subscribed to the said instrument in the name of the Secretary of Health and Human Services and on behalf of the United States of America. Witess my hand and official seal. ',:. . !., IJ (-, . '\.,,~-,~, ...::.... ~ ~'. /' ' ..... .""',.""1 c:! ~', ! f"., . .... ;~{"":)!':;'~'.. \'\:.{ \~:(\C':;.::/ Not a ry My commission expires: ~ 1'(, l't<;r~ .',' - 9 RfH243FR2079 8112290062 , ~ I \r : _" .:) c: .. ... ACCEPTANCE The City of Bremerton hereby accepts this de~d and. thereby accepts and agrees to all the terms, covenants, conditions, and restrictions contained therein. Ae... -. K ~~, GLENN JARSTAD, Ma . . . ACKNOWLEDGEMENT State of Washington j(;" ss County Ofi<it~ . 1Il '1 On this f day of n~ , ~981, before me a Notary Public in and for the Count State of Washington, personally appeared Glenn Jarstad, known to me to be the Mayor of the City of Bremerton, and known to me to be the person who executed the foregoing instrument on behalf of the City of Bremerton, and acknowledged to me that he executed the same as th~ free act and deed of the Grantee. Witness my hand and official seal. ,.., () "- ." \), .t..... .'. I: I . ~'~.:::.'.'.' c. 'l":.::~~~.:;~) ~'~;F~:~C~~;i"/;; "11'_"1" """1'- My commission expires: ~'i) I'jif-;'- - 10 - . REff243FR2080 8112290062 . .,;