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HomeMy WebLinkAbout7910220011' EXCISE TAX L, F. MPT [ILED FOt~,ECOR~ ~ Ac mmNEER NAT'L. TITLE INS. CO. REQ. u~ ........ N-WASH-665 -. OCT ~ ~ ~ OCT BILU£ KITSAP CUUI~IY AUUITOR ~'~ '- DEPUTY ,- ~ ....~ ~tEg~S, 8y Deed Dated January 23~ tn t~e O[[~ce o[ :he County Aunt:or of Kt~sap Cou.ty, Nash~ngton, Auditor% No. 825Z50 t~ Vo~q 808 at pagea 665 through 669~ and ~e~ed by ~endme~t to Dee~ dated January 23, ~96a, ~eco~ded t~ the Office of the County Auditor of Kitsap County~ ~ashingCon, A~itor's ~. 839128 in Vol~e 823 at pages 162 through 16~ the United States of ~erica~ by and through the Adminisurator of General Se~ices. as grantor~ conveyed to the City of Bremer~on~ ~ashington~ a municipal corporation of the S~ate of ~ashington~ as Grantee~ certain land ~o~ as the N~ Park~ subject to the reservations~ exceptions, ~es~ric- tions~ conditions~ and covenants contained therein; and ~ER~S, Section 203(k)(2) of the Ac~ of June 30, 19~9, 63 Stat. 385~ as amended~ ~0 U.$.C. ~ 4St(k). authorizes the Secretary of the Inte~tor~ as to transfers to sta~es for public parks~ public recrea- tio~l ar~s~ o~ historical ~numents fo~ the benefit of ~he public~ to ~end any such instrument by the execution of an ~enda~ory lnst~- ment ~ere necessary to conform such transfer to the requir~ents o~ applicable la~; and ~E~S~ ~he Secretary of the Interio~ acting by and ~hrouEh ~he Northwest Re~ional Director, Heritage Conservation and Rec~eation Se~vice~ has de~ed it necessary to further ~end the above deed to confo~ such transfer to the requirements of existing.applicable la~ and particularly Public La~ 91-~85 and regulations and orders promulgated ~hereunder, the Crantee has concurred in the necessity of such ~endment~ and the Administrator of General Services ~s not dtsapprove~ such amendment after notice thereof ~as given as required by the above act. NO~, ~EREFORE, the above deed dated January 23. 1961~ Including all rese~ations~ exceptions~ restrictions~ and covenants contained ~h~retn~ ~ hereby furthor ~ended to provide a~ follo~: 79102200 ! [[ttS'N 539: j 7910220011 THE UNITED STATES OF A~RICA, acting by and through the Secretary of the Interior, acting by and through the Northwest Regional Director, Heritage Conservation and Recreation Service (hereinafter designated "Grantor"). under and pursuant to the power and authority contained in the provisions of the Federal Property and Administrative Services Act of 1949 (63 Stat. 377), as emended, and particuiarly as amended by Public Law No. 485, 91st Congress, and regulations and orders pro- ~mlgated thereunder, for and in consideration of the perpetual use of the hereinafter described premises as and for public park and public recreation area purposes by the City of Bremerton, Washington, does hereby release and quitclaim to Grantee, and to its successors and assigns, subject to the reservations, exceptions, restrictions, condi- tions, and covenants hereinafter expressed and set forth, all Grantor's right, title, and interest in and to that certain real property knoml as NAD Park, located in Kitsap County, State of Washington, and more particularly described in Exhibit A, attached hereto and by reference made a part hereof. TO HAVE AND TO HOLD the hereinbefore described property, subject to the reservations, exceptions, restrictions, conditions, and cove- nants herein expressed as set forth and as contained in Exhibit A, unto the Grantee, its successors and assigns, forever. RESERVING, HOWEVERs unto the Grantor all coal, oil, gas, and other minerals on said real property, together with the right to prospect for, mine, and remove the same under applicable laws, rules, and regulations prescribed by the Secretary of the Interior. It is agreed and understood by and bet~een the Grantor and Grantee, and the Grantee, by its acceptance of this Deed, does ac- knowledge its understanding of the agreement, and does covenant and agree for itself, and its successors and assigns, forever, as follows: 2 540 791022001! 7910220011 , ~, 1, This property shall be used and maintained for the public  " 'purposes for which it is conveyed in perpetuity as set forth in the program of utilization and plan contained in the application dated April 9, 1963, submitted by the Grantee and accepted by the Grantor on January il, 1964, as ~o~i£ied by ~he ascended ~ro&ranof utilization subsitted by the Grantee on July 18, 1078, and accepted by the Grantor on August 29, 1979, which pro,ram and plan ~ay be further ananded from time to ~ime at the request of either the Grantor or Grantee~ wi~h the written concurrence of the other party, and such a~endnmnts shall b~ added ~o and become a par~ of ~he original ipplica~lon. 2. The Oran~ee shall, within six (6) ~n~hs of dead of conveyance, erac~ and mind.in · pe~nen~ near the point of principil icceno to ~he conveyed ar~ indicncinS that the property is a perk or recreation area a~ has ~en acquired f~ tha Federal ~ve~nt fo~ use by the ~eneral public. 3. Tbs p~operty shall not be sold, leased~ assl~ed~ or othe=- wiss disposed of except to another eligible 8ove~ental agency tha~ tbs Secreta~ of the Interior asreea in ~itint can assure the con- tinued uae and maintenance of the property for ~ublic park or public recreational purposes Subject to the sant: te~s and conditions as contained in the original instr~ent of conveyance.' llowe~er, no~hlaE in this provision shall precluge the Grnn~ee f~om pro~idtni tela~ed ~ecre~tional ~acilitlea and narrates compatible ~ith the approved applica~ion, through concession agreements entered into with ~hi~d parKles~ provided prior concurrence to such a~re~nts is obtained h ~itini iron the Secretary of the Interior. t. From t~ date of ~his conveyance, the Grantee~ successors and'asalEna~ shall prepare and submit biennial reports ~o ~ Secretary of the Interior~ setting forth the ua~ ~de of the property durin~ the p~eceding two-year period~ apd o~her pertinent data ea~ablishin~ its continuous use fo~ the put. sea set forth above~ fo~ ten consecutive reports~ and aa furthe~ datelined by th~ S~crn~a~ of ~he In~erior. 7910220011 ntttxo rn 7910220011 ~. If at any ~ne the United States of Anerica shall de~arnine that the prenises herein conveyed, or any part thereof~ are needed for the national defense, all right, title, and ~ncerest in and co said pre~isess ~r parc thereof determined to be necessary to such rmcional defenses shall revere ~o and become ~he property of ~he ~nit~ Sa~es of ~erica. 6, As par~ of the cousidersCion for Chis Deed~ ~he Gran~ee covenants and a~rees for i~self~ i~.s successors and assisus~ ~haC (1) ~he pro~r~ for or in connection with ~ich ~his Deed is ~de rill be conducted in compliance ~i~h~ and ~he Gran~ee, i~s suc- cessors and assigns, ~lll co~ply ~l~h all requiremen~s ~posed by or pursuan~ ~o ~he re~ula~ious of the Department of ~he Iu~e~ior as ~ effec~ on ~he da~e of ~his Deed (13 C.F,R, Par~ 17) issued under ~he provisions of Title VI of ~he Civil Ri8h~s ic~ of 1961; (2) ~his cove~U~ shall be sublec~ in all respects co ~he provisions of ~id resula~iOnS; (3) ~he Gran~ee~ i~s successors and assiSns, ~ill promptly ~ake and continue ~o ~ake such actiOn as ~Y be neces- sary ~o effectuate ~his cove~n~; (t) ~he United S~a~es s~ll ~ve ~h~ rish~ ~o seek Judicial enforcement of ~his covenan~ and (5) ~he Gran~ee, i~s successors and asalins, ~ill (a) obtain fr~ each o~her person (any lesal enmity) ~o~ ~hroush con~rac~ural or o~her arran~en~S ~i~h ~he GranUee~ ica successors and assitus~ is au~hor- ized ~o provide services or benefits under said prosr~ a~i~en ssre~euC pursuan~ ~o which such ocher person shall~ ~i~h respect ~o ~he services or benefits ~hich he is au~horized ~o provide~ undertake for himself ~he same obliSa~lons as ~hose ~posed upon ~he Gran~ee~ i~s successors and assigns, by ~his covenant~ and (b) furnish a copy of such a~re~en~ ~o the Secretary of ~he In~erior~ or his successor; and ~ha~ ~his covenan~ shall run ~i~h ~he land hereby conveyed~ and shall in any even~ ~l~hou~ resard to ~echnical 7910220011 M2 7910220011 classi£icatlon or designation, legal or otherwise, be binding to the fullest extent petnnitted by law and equity for the benefit of, and in favor of the Grantor and enforceable by the Grantor against the Grantee, its successors and assigns. 7. In the event there is a breach of any of the conditions and covenants herein contained by the Grantee, its successors and assigns, whether caused by the legal or other inability of the Grantee, its successors and assigns, to perform said conditions and covenants, or othervise, all right, title, and interest in and to the said premises shall revert to and become the property of the Grantor at its option, which, in addition to all other remedies for such breach, shall have the right of entry upon said premises, and the Grantee, its successors and assigns, shall forfeit all right, title, and interest in said premises and in any and all of the covenants, hereditaments, and appurtenances thereunto belongingl provided, however, that the failure of the Secretary of the Interior to require in any one or more instances complete performance of any of the conditions or covenants shall not be construed as a waiver or relinquishment of such future perfor~nance, but ~he obligations of the Grantee, ins successors and assigns, ~i~h respect ~o such future perfo~nce shall continue in full force and effect. IN ~ITNBSS ~BREOF, ~he Grantor ~s caused ~hese p~senCs ~o be executed in its name and on les behalf this ~h'e~ff . day of ~ITED STATES OF ~ERICA Acting by and through the Secretary of the Interior orthw 't Re~i nV ~ Conservation and Recreation Service 7910220011 B IlS 5 02 0011 uat of King ' Co Y ~i ~...'~ ~9~ before ~e, ~he subscriber, ~. this ~ay of ~'tl ~'~o~ and ~o~ to .e to per sonally appea~=~ be the Regional Director, Northwest RegiOn, Heritage ConservatiOn RecreatiOn ServiCe, of the United States Department of the Interior, a gover~ental agency of the United States of ~erica, and ~o~ me to be the ~me person described in and who executed the foregoing instr~ent as such Regional DirectOr aforesaid, as the act and deed of the ~nited States of ~erica, for and on behalf of the Secretary of the InteriOr, duly designated, empowered, and authorized so to do by said Secretary, and he ac~owledged that he ~ecuted the fore- ~olng instrument for and on behalf of the United States of ~erlca fo~ the purposes and uses therein described. ' ~ ',E T ~'~ .~.~n and f~ ~he S~a~e "-'~' .,.~., "~ ~"~. .' ' - ' ~d including al~ t,.e --~ '-ed therein. ,'.~',:,~"'" ~e ~o~egoing ~en~eo ~, s and covenants conga~ ceptionS, EestrictionS~ cona~t~on is hereby accepted and the undersigned agrees, by this acceptance, to assume and be bound by all the obligations, conditions~ covenantS~ and a~reementS therein contained. ,, .... C~ OF BR~R~O~ County of Kitsap ........ 19~ bef'O~e me, the unde~ On this day' of . signed officer, ~sonally appearea u ~o~ to me to be the same person whose name is subscribed to the fore~oin~ acceptance, who bein~ by me duly ~orn, did depose and sa~ that he~ Glenn Jarstad, is the ~yor o~ the City oi BremertOn~ Wash- inEton, that he is duly designated, ~powe~ed, and authorized by washinEton la~ to execute the foreloint acceptance and to sitn his ~me thereto; and that he si~ned his name thereto and acknowledged that he ~ecuced the fo~e~oinE instrument fo~ and on behalf oi the City oi Breme~tOn, Washin~ton~ fo~ the purposes and uses therein [[ti8 544 described. ~ ~ublic in an~ [or'~ ~otary a 70102200tt ' ;""" tlB'7 ' 545 N-WASH-665 EXHIBIT A The parcel of land iyi~g in Sections 8 and 9, Township 24 North, Range 1 East, I¢illanette Heridian, County of Kitsap, State of liashington~. more particularly described as: Beginning at the section corner conunon to Sections 8, 9, 16 and 17, 'toWnship 24 North~'Range 1 East, ~.H., the True Point of Beginning of this descrip- tion; thence, North 88045*57', Nest 1102.14 feet; thence, North 79°45,41" Nest 207.71 feet; thence North 2°40*$4*, East 1188.14 feet note or less; thence South 88°43*$?,, East 568.99 feet more or less to the southerly margin of Primary State Highway No. 21; thence,along said ~outherly margin South 44°19,18- East 391.53 feet;, thence, South 60°19'18'* East 150.00 feet; thence, South ?8°45*4?,, East 550.44 feet; thence, South 74°50,28,, East. 310.00 feet; thence North 26041*32'' East 30.00 feet; thence turn an angle of 90° to the right; thence to the right on the arc of a curve having a radius of 1282.5 feet, a distance of 245.08 feet, thence South 37°33,01', I~est 70.00 feet; thence South 33048*09'' Ifest 651.15 feet to the southerly line of said Section 9; thence North 88'$8'16" Iqest along said southerly line a distnace of 375.00 feet to the point of beginning. TOGETHER ~ITII ALL improvements thereon and all appurtenances thereto. RESERVING TO the United States of America, its transferees and assigns, an easement for roadway 'purposes and for construction, operation, main- tenance, repair, removal or replacement of over:. head and underground utlity lines, npon, over and across a strip of land 60 feet in width, lying with- .. in the above described parcel of land, being 30 feet on each side of the centerline of the exixting Ausin Drive roadway described as: · ' ·Beginning at the Section Corner Con- men to Sections 8, 9, 16 and 17, Town- ship 24 North, Range 1 East, N.bl., thence South 88056,18,, East, a distance · . ~. of 95.,0Q feet to the True Point to be- ginning of this description; thence North :' .1°12'3~'' East a distance of 484.11 feet; · : .... · thence North.32o47,27,, $~est a distance · of 375.70 feet; thence North 0°06,33,, · East a distance of 725 feet more or less. · This roadway and utility line easement reserved to tho United States of America may be terminated by · Grantor such time as an alternate roadway for in- ' gress and egress and alternate route for relocating utility lines may be provided to serve the adjacent Government-owned land. 7910220011 Ett$? ' 545 ~ (81 ~ ?15~ u ~e?e~ ~ p~c~ u ~.ndodby ~o hw 81~ ' lO' to ~ ~ ~e~o to ~e ~t ~ ~e ~ d i c~e h~ t 13'06' Wo~ T~ O0 ~l~; ~l~q ~ 33~8t01*' Wo~ SS~ tilt la~e~ ~ea a~atiea d ~e 8e~7 ~ ~e ~erl~ ~ ~ luoGesl~ ~ I ~e~ ~e ~e ~ ~em~md ~mem~ o~ ~ ue ~ b ~. ~ ~ o~ ~ ~e hu moa~od ~o ~ofm~ ~ ~e om~ mubmeqM~ t~ , mm ~ ~ ~OF~ b ~ ~ cued ~eoe ~eae~a *o be ' ,c~-- ..'l~J~ · ~ a.~ ~ ~= · ' :' ....... "~ ~~ i ..... "'" AM]CNDM~NT TO DtrED THXI 12q~ENTUAJ~ between the UNITED STATKS OF AME~CA. ~u~ ~e A~s~or ~ Gener~ S~ceo ~ere~ter c~led ~Y O~ B~MERTON. a mu~ci~l c~ra~on ~ the State o~ Wa~n~ ~e~er e~ed "Gr~tee"). ~SE~: By q~tcl~ D~d ~ted aa d J~u~y 23. 106~ receded 1o64 ~hr Au~to~'8 No. 825150 ~ Vol~o 808 st bf, 665 o~ ~ed C~. Wll~o~ ts more p~c~ir~y descried ~s~d deed. A ~m~er res~lc~o c~cer~g ~, use ~ ~e prope~y were ~p~ed ~,~tflt ~ ~. W~ A~ ~ 2044 (58 Stat. ?654 Bo ~ ~c~ly aa ~,flded by ~c ~6. 8~C~eif~ ~eof~e ~ ~t ~e~edwas~c~rec~ ~ ~e Or,ea. R b m~y qreed by ~e ~ea hereto ~at ~e toRo~ ~ ~M ~ r~en~y bere~ cont~ exce~ ~e r~: M re,seas Il b Wop~ u let r~ ~ ~0 ReZ .ucco.~f puifri~ b~ (i) ~ ~ow~ce ~*ed Or,Cee tr~ ~ c~rent muket vuue ~ w~s~ ~ be it ~e rote ~ t~e percent (5~) for each ~tod twelve (12) mon~a ~ opera~ ~ accordance wi~ ~e ~ ~e d~eo~d twea~ (20) ye~ ~rS~ ~e Gra~ee may. at ~e ' ~e~m of ~e Se~et.y ~ ~e ~r, b~ oubJec~ to ~he ~l~r~aX ~ ~e A~4~(a~itor ~ General b~cel) lec~e re,ease d ~y ~ ~e ~ ~ ~t- dead exce~ ~e Or~'l rAght to reca~e ~e ~OM~ t~ emergency ~e aa set ~o~ ~ ~e ne~ ouccee~g ~aFa~ ~ ~e 8e~et~y dete~ne. ~a~ ~e ~oMr~y o~ght to be ~ ., ~bued no ~er oe~el ~e p~ole ~ wh~ Xt was ~,terre~ or ~at ~ M3eaie ~ mo~ ~eveA~ acc~pMo~ent o~ ~e p~oJe for ~ I~ ~r~y was ~terred: ~ed. ~a~ (a) ~ ~e Or~ie ~ue~ ~at ~ ~ ~e ~o~r~y ~8ferred to R be releaeed fr~ ~e r ~d~ ~ deo~ ~ ~y ~em, ~o Gr~tee ah~l pay ~e ~ u~ iu~ Felealo, ~ ~n~ ~u~ ~o ~o f~ value ~ I I, rope~ty, ee deter.~.nod by the Gr~,~tor. b~,ed u~n ~ti ~ghe~t ~d belt ~e m ~e ~e ouch release la requested, leos ~e sum p~d f~ ~ I~d ~o~rt~ b~ ~e Gr~tee when ~ e~d proart w~ a~--~ ~ =eat uae, ~ ~ ~ re~ale, ~ ~ ~e proviz tr~erred to ~e Gr~tee --~ ~a o7 ~l ~l ~at ~ app~c~l, ~ ~e bal~ ~ a~lage. ~ ~e ~ ~ b to be rele~ed ~om ~e C~vey~e ~. ~ ~ ~ ~ ~e ~e r~er~ced deed ~ rem~ ~ed : ~ ~ ~ ~e ~ ~ ~ ~0~, ~e ~e. hereto hlVl '-~ ~ ITA~ OF A~ .-". ., ~- ~~ ~ · ' ~',.-' ~=. ~ ~ ~op~ ~ ' ~ ~ ~ ~ B~ON '.." ,"'.~T., erA~'~ or wAma~OTO~) ¢OUI~TY OF KLNG ) ~ll ~ce. Re~ ~0, Generll 8~ceo f~ef~f ~mt ud ~o ~r a~ stated ~at he was d~y au~orize~ ~v~d ~d dobfated ~ ~e A~*~*-~ator ~ Geaeral Services to exec~e ~ ~ent ~ ac~owledged ~e f~efo~f ~trmet to be v~t~ a~ ~ dee~ ac~g f~ ~ ~ beh~ ~ ~e A~lt~ d Geaer~ ~ea, ~ f~ ~d m b~ d ~e U~ted ~tes d ~ric~ f~ ~e ~ea ~d · , , - ~ ~ ~E~OF. I have here~o set m~ ~d ~.,~e~ ~e ~ ~d yo~ ~ ~o ce~cate ~e ~e~ ~ ~'. ~ ~.- q~f~ ' Wn'~f~ re~ at Feder~ Way ~-..~V ~.~ ..'~ ~ . ) ~ ~ me ~ to be ~e May~ ~d ~ ~ res~c~ve~, ~ ~e c~p~a~ ~ = _ ~d ~o f~( ~ont ~d a~owlld(ed I~d ~t ~y~l~dde~l~d c~l~ for~l ~el ~ ~d ~ ~ ~a~d ~at ~y w~l a~ld to exec~e ~ ~ my ~d ud ~4~-~ eo~ ~e day ~d -. , . _ .,.., _ ..: .... '"..~ ,i ~'~".." ' CC~4~DING OFFICIO. ~V~ FACILITI~ ~I~I~ 3~0~ ~ ~N HILL RO~ SIL~, ~A 98383-9130 PA~ES ~ SUBJECT 0: FRON: FACILITIES P~ING & R~ ESTATE DEPT. AC~W~ ~fi~ CODE ~ AUTOVON 7~4-7929 )I'94ENTS ' PLEASE PH &7 R AUTOVON &39-5773 AND ACKNObP..,EDGE RECEIPT. THANK YOU! ~ ANSMI't-i'~.~ (DATE) TIME ORIGINAL DOCUMENT /-.z 5-- ~I /~...30 ~ .Certified Mail ~ Re~rn Receipt Requested Honorable Glenn K. Jarstad Mayor of Bremerton Bremerton, Washin~on Subject: Portion Bremerton Annex U.S. Naval Ammunition Depot, Bangor Bremerton. Washin~on N-Wash-~65C and GR-Wash-665 Dear Mayor Jarstad: Transmitted here~th is execuled ori~nal Quitclaim Deed and A~eement dated as of ~ebruary 15, 1966, whereby the United States of America, acing by and through the Ad~nistrator of , General Services, conveyed the described property, subject to "' terms and con~tions set out therein, to the City of Bremerton, Washin~on, for publid park and recreational area purposes, consideration of cash payment of $11,700. 00. Sincerely yours, V. L. Barnes Acting Chief, Real Proper~ Division, Property Management ~ and ~sposal Service The ~D STATES OF AM~RI~, acting by and through the Ad~nistrator of Gene~l Se~ces,' under and ~r~ant to the powers and authori~ contained in the pr~sions of the Federal Prope~ and Ad~nistraflve Settees Act of 1949 (63 377), as amended, and the Surplus Proper~ Act of 1944 (58 Stat. 765), as amended, and particularly as amended by Public Law 616, 8~h Con~ess, and re~lations and orders 'promul~ted thereunder (hereinafter desi~a~ed "Grantor"), for and in con- sideration of the sum of Eleven Thousand Seven Hundred Dollars ($11,700.00) and · , m fu~her consideration of the continuous use and maintenance of the hereinafter described pre~ses as and for public park and ~blic recreational area purposes, by the CITY OF BRE~RTON, a mu~cipal corpora~on of the State of Washin~on, (hereinafter desi~ated "Grantee") does hereby convey and quitclaim to Grantee, and to its successors and assi~s, all Grantor's right, title and interest in and to the follo~ng desc~bed prope~ located in Kitsap Conn., Washin~on: Approxi~tely 12.1 acres situated in the County of ~tsap, State of Washin~on, described as follows: Commence at the Southwest corner of Sec~on 9, To.ship 24 North, Range I East, W.M.,' thence, ~m South 88~ 58~ 16" East along the Southerly line of said Section 9, a distance of 375.00 feet to the t~e point of beaning; thence, North 3~ 48~ 01" East 651.15 feet to the southerly mar~n of Primary State Highway No. 21; thence, southeasterly along said southerly mar~n on an arc of a cu~e to the right ha~ng a ra~us of 1212.5 feet, a ~stance of 465.53 feet; thence North 5~ 33~ 09" East, 80.0 feet; thenc% ~rn an angle of 9~ to the right; thence, to the right on the arc of a curve having a radius of 1292.5 feet, a distance of 274.79 feet to the southerly line of said Section 9; thence North 88~ 58~ 16" West along said southerly l~e of said Section 9, a ~stance of 850. 74 feet more or less to the point of be~nning. TOGETHER ~TH impr~ements located thereon, if any. AND A parcel of land in the Southeast ~ of Section 8, To.ship 24 No~h, Range 1 East, Willamette Meridian, Kitsap CounW, Washin~on; commencing at the center of said Sec~on 8, thence South 88~ 36~ 48" East~ along the East-West center Hne of said Section 1297.38 feet, to the Northwest corner of the Northeast ~ of the Southeast ~ of said Section 8; thence South 02~ 44~ 33" West. along said sub~sion 422.39 feet, to the point of be~nning; thence (from a tangent of South 12~ 05' 51" East) on a cu~e to the left, having a radius of 1607.5 feet a distance of 476.49 feet; thence North 60' 55t~ 04t~ East 25.00'feet; thence South 29~ 19* 18'" East 675.29 feet; thence North 88° 43~ 57" West 568.99 feet, more or less; thence North 2° 40~ 54" East 1009.41 feet, more or less, to the point of beginning. TOGETHER' WITH imprOVements located thereon~ if any. The Property was' duly determined to be surplus to the needs a~d require- ments of the United States Of America and was assigned to the General Services Administration for disposal pursuant to authority co~tained'i~ the Fed'e~l Property and Administrative Services Act of 1949, as amended, and applicable rules, regula- tions and orders promulgated thereunder. By the acceptance of this deed Grantee covenants and agrees for itself, and its transferees and assigns, as follows: 1. The Property shall be forever continuously used and maintained as and for public park and public recreational area purposes, in accordance with the approved program of utilization attached hereto as Exhibit ~'A~ and made a part hereof. 2. Biennial reports shall be filed by Grantee with the Secretary of the Interior, or his successor in function, setting forth the use of the Property during the preceding two-year (2-year) period, and other pertinent data establishing its continuous use of said Property for the purposes set forth above. 3. The premises above described shall not be sold, leased, or otherwise disposed of, except to another local governmental agency that the Secretary of the Interior° or his successor in function, is satisfied can assure the continued use and maintenance of the Property for public park and public recreational purposesj 4. That (1) the program for or in connection with which this deed is made will be conducted in compliance with, and the Grantee, its successors and assigns will comply with, all requirements imposed by or pursuant to the regulations of the General Services Administration as in effect on the date of this deed (41 CFR Subpart 101-6.2) issued under the provisions of Title VI of the Civil Rights Act of 1964; (2) this covenant shall be subject in all respects to the provisions of said -2- v0 874 · ations; (3) the Grante~0'lts' Si~gd~'~i~i~s ~fid a~Sii~h~'Wlll l~omptly take and ".' · ~ .ontinue to take such actiOn'as ~nay be"'ne~issary'io'~i~i~c'iu'~tl this covenant; (l)the United States shall have the right to seek' judicial enforcement of this covenant, and (5) the Grantee, its successors and assigns will (a) obtain from each other person (any legal entity) who, through contractual or other arrangements with the Grantee, its successors or assigns is authorized to provide services or benefits under said program, a written agreement pursuant to which such other person shall~ with respect to the services or benefits which he is authorized to provide, undertake for himself the same obligations as those imposed upon the Grantee, its successors and assigns by this covenant, and (b) furnish the original of such agreement to the Secretary of the Interior, or his ~uccessor, upon his request therefor. This covenant shall run with the land hereby conveyed,' and shall in any event, without regard to technical classification or designation, legal or otherwise~ be binding to the fullest extent permitted by law and equity for the benefit of,' and in favor of the Grantor and enforceable by the Grantor against the Grantee, its successors and assigns. 5. In the event there is a breach of any of the conditions and covenants herein contained by Grantee or its transferees or assigns, whether caused by legal inability to perform said conditions and covenants or otherwise, all right, title and interest in and to all of the Property, including tenements, hereditaments and appurtenances, shall revert to and become the property of Grantor at Grantor~s election, It is flwther provided that this deed is made and accepted upon the following condition subsequent~ which shall be binding upon and enforceable against the Grantee, its successors and assigns: The program for or in connection with which this deed is made shall be conducted in compliance with, and the Grantee, its successors and assigns shall comply with and shall require any other person (any legal 'entity) who through contractual or other arrangements with the Grantee, its successors or assigns is authorized to provide services or benefits under said program to comply with, all requirements imposed by or pursuant to the regulations of the General /~ Administration as in effect'ol~ the date' of this deed (41 CFR Subpart 101-6.2) ~ed under the provisions of Title VI of the Civil Rights Act of 1964, and the Grantee, successors and assigns shall promptly take and continue to take such action as ; be necessary to comply with thik ~Ondition, In the event of any breach of this dition, regardless of the cause of such breach, all right, title and interest in to the above described property, in its then existing condition, including all ~rovements thereon, shall revert to and become the property of the United States ', n demand made in writing by the Secretary of the Interior, or his successor in atiOno In the event of any reversion under this deed. the United States shall have immediate right of entry upon said property, and the Grantee, its successors [ assigns shall forfeit all right, title and interest in said property and in any and of the tenements, hereditaments, and appurtenances thereunto belonging, and ~11 take such action and execute Such documents as may be necessary or required ~vidence transfer of title to such property to the United States. The failure of Secretary of the Interior, or his successor in function, to insist upon complete · formance of any condition in any one or more instances shall not be construed as slyer or relinquishment of fuh~re performance thereof, but the obligations of the antee, its successors and assigns, with respect to such future performance shall ~tinue in full force and effect. Grantor shall have the right during the existence of any national emergency elated by the President of the United States of America,' or the Congress thereof, :c]ud{ng any existing national emergency) to the full, unrestricted possession, ntrol and use of the Property, or any part thereof, without charge; EXCEPT THAT ,antor shall be responsible during the period of such use, if occurring within a riod of twen~-y (20) years from the date of this conveyance, for the entire cost of iintaining the Property, or any portion thereof,' so used, and shall pay a fair rental ~ the use of any installations or structures which have been added thereto without ~deral aid; and if such use is required after the expiration of a period of twenty (20) ars from the date of this conveyance, Grantor shall pay a fair rental for the entire ,rtion of the Property so used. IN WITNESS w-~:OF, the Grantor has caUsed'these presents executed as of February 15, 1966. . * ~ ,.; : ~ ' Acing by and through the Ad~strator of General ,, ~. ~... ~ , - / ~'= ~ Real Proper ~/ roper~ Mana~ment and ~sposal ' .~. Se~ce STATE OF WASFff~GTON) ) ss COUNTY OF KING ) On this ~ day of 1966, before the undersigned, a Notary Public in and for the State of Washington, personally appeared to me known to be the ~c'c'c'c'c'c'c'c'c'~ Chief,' Real Property Division, Property Management and Disposal Service, General Services Administration, Region 10, and to me known to be the individual described in and who executed the foregoing instrument and who under oath stated that he was duly authorized, empowered and delegated by the Administrator of General Services to execute the said instrument and acknowledged the foregoing instrument to be his free and voluntary act and deed, acting for and on behalf of the Administrator of General Services, acting for and on behalf of the United States of America, for the uses and purposes therein mentioned. ]~I WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate above w'citten. ."X ~'~ ,.nj ,, . ~..-~';~;~,7'~-.. .. ~"'~+~ +~ ~' otary Public in and~r the ~[~te of :'~' BO],~ ~l ''~ "~'"' o {o 77,'" ~iz~ Washington, residing at Federal Way ~'..: ,,. v: ', . · ,.,,~r i".'~'i<~i,~ :' ~pllcntlon for Public Pat~ E~flIIT~IT A ~ , NartnH~,e S~a~encnt ~llnlng ~isHng Facilities nad the Need ~d Intended U~e o~ ~he P~perty ~plled ~o~ Pa~ ~ ~creaUo~l 1. ~l~i~ ~aclllHes. ~e Ci[y o~ ~rc~cr~on~ ~ose cutcen~ populaklon Is approxl~el~ has approximately l~h acres of land designated ~ot pnr~ and rccrcaklon ~hlch is consldcrabl~ belo~ ~he ~ecoonlzed g~d~ds ~o~ park and recrca~ion ~rcas ~d nunlclpallLlcs. Included in Lhc U~h acra~ currently o~ed ~Mn~nincd by ~he CI~ of ~er[on n:c ~'~r area~ ~o~l~n9 a~roxlt~a~cl~ 11.2 acres *~blch n~ deslgna~ed ns playg~und~ a~d t~o n~cns ~i~1~ a c~bi~cd acrea~ o~ 2~+~ acres classified ns pl~lclds. In addiHon~'the City ha~ a ~aiclp~l ball park npp~oxlnagel~ slx acres la ~lze ~l~h ~ pemancn~ ~ea~n9 capaclg~ of 2~2~0. ~e n~e ~en~ioned ~ecren~lon a~a~ ~d are augmen~cd by nn additional 80 ac~s of p]aygr~nds and playflelds o~ed by the ~r~cr~on ~hool Dlstrlc~ ~d u~ilized by the City Recreatlen for program ~oses thmuoh ~ fine ~o~ln9 n~eement In re~ds ~ Joint use of facilities with the ~hool District. ~e City of Pre~erton currently has four nrea~ deslgnated as parks for a co~imd acreage of 10~A, one, ~erorccn rnrk, consistln9 of flve acres ~mt~rfron~ proper~y in the center of ~ co~.~unity. ~ls pnd~ of the ~unlcipal svh~.ln9 pool, · lar9~ ptcnlc area, ~se 9~rden, hoa~ ]punchln9 rnt.~p, 9nd a battery ~ 1~ lighted horse shoe cour~. Th~ park Is l~a+.cd In a hi9hly concentrated residential area, ~d although ~hc b~n~ of ~e p~llc use for park pu~os~s, 1~ Is enHre~ inadequate from n,any s~a~poln~s = lac~ of size ~d lnade~ate pad~ln9 facilities. ~econd area designated as park [~ Fores~ ~dge Park, n~mxlmU~ely ~0 ]ucaLcd in a heavily populated re~ldenLlal are~. ~is pafl~ provides picnic areas~ naLure t~fls, and an erboreL~. ~e area, alLhough beavlly used. Is also inade~laL¢ In size. A third area~ S[evens ~yon, consls~in9 of approxi~atcly 27 acres~ is a ~oded area) nnd as y~ und~vel~ed, primarily du~ ~o uneven ~opograp~ Involved. ~c ;:ourth area, com~nly kno'~ Fark~ }~2 acres in size, ~s rec~ly purchased [hrou~ ~he G~eral Se~ices A~inis~ra[lon ~d is currently being devel~ed by ~he ~ ~par[~ent. ~e areas b~ln~ applied for a~c ldc. a~ly located; belaO adJacen~ on opposite sides of th~.h2-~cr~ NAD ~rk~ and If he,Ired ~ill brln0 the Lo~al park acreage up to ~ nc~es. Both the orlOinal 1~2 ~cres ~d t~ ne~ arcas ~in9 a~lled for ~ve ~een Incorporated into an overall develo~iflt pl~ ~d are attached to this s~llcation, ~e areas are ideal~ l~ated in ~spects ~ ~cessibility~ ~i~ se~ed by an ex, sting 3-]~e hlg~y, T~ driving tf~ ~ the e~e~e ~os{~e side of t~ Cit~ Mould be con- ':, '' .... ':'" ' ~m~e adv~taoe ~ the ~slblllti'~s t~ ~.~ .~.~-'- - ~ u ~ '~ ~rea~n~ ~ n~n~; therefor~ nr~ ve~ ~o~lrnble ~or their fntondcd · ,~. ~nc copogr~ Is such that ~ ~r~a~ c~ be u~illzed ~or day c~ fn P progr~s~ na~u~ traIl~ nn nrboretu~ ,archetT~ picnic area~ and generally provldo the clt~;cn~ of Bre~rton vlth'an ~o~unity to g~t a~y froti th~... noise and r. sh of the city and mJoy con[ac[ ~tth natum. ~e areas heavily [~od~d ~l[h sl~lfican[ s[a~.l~: of ~e~t.u~e ~uflla~ Flr~ ~dar~ ~ other t~'ccs na[iu~ ~o [ha area. ~ tiaa ~m~{:~ie~ nr~ acquired ~ill ' bc ~clopcd alonfl vith th~ orl~al ~1:! ncr¢~ and in accorda~ at~achca dcvel~r, en~ plan. " 3, ?.ilitI, to FinaleI ~c~ate~ and ~laln[~In. ~: City or Brcmc~on rark a~ ~ccrca~lor, Dn~ar[menL's operaLtn~'l budget ~or 196~ 'is ~110~216.~6~ sligh[~ bclou avery.9: ~u~ citle~ or ~icc in thc SLaLa or t' ,-" - ..It..n Lbo ~ar. cuork of thc currcnL budget thc ~k Dep=ct.;cn~.s ye~-~u~ mLa~ con, Isis oS a supecinLcndcnt.~ n rccrcnLjo~ dircctor~ a park ~or~,mn~ ~our ~ainLcnance m~ ~nd a =ccrutnm/~ nnd a bui~dlnD attendant. In addi[lon~ the ~arba~ ~ploys several parL-ti~o people Lo maintain l~s parks n~ recreation areas. conL~plat, ed thai t~ ~ and ~crea~lon ~pnrtacnL~s budgnL ulll be considcrably inc~ascd ~or the year o$ 1~6 and that sufrlclent [unds c~ ha allotted t~ properly develop the tiro areas being applied ~or in conjunction ~iLh t~ orlginal ha-acre area. ~e CiLy~ po~ulaLlon kcs increased several [houv~d d~ln9 [~ past year as deLcrr~ined by a special census taken in · lprll~ 196~ ~d IL Is anticipated t~';.khls increase in population ulll make it poa~tblc to budget ~ore honey ~or th~ Fark and ~crea~lon ~rtn~t~s opcmLlon In 1966. It Is felt that tf ac~lsltlon of the pr~rtles materializes that it ulll. bc ~aintalned ~d d~eloped In a ve~ satisfactory ~nnner~ In nceor~ce vlth ~e ~c~ted standar~ and along the lines sho~ on the d~el~.ent ~. I~re~t. rict~d Use. U~estrlcted use Is ~aranteed U~er existing City of Br~er~n Ordl~ce ,Jf~191~ ~:hich is an ordt~e ~latlng to the care, 9ovemment~ control, supc~I~ion, and o~[ton of ~blic pa~l~s. ~e ordinance is knm,,n as Park ~de of ~he City of Breme~n, ~d provides for the unrestricted use of the city,s p~llc ~s ~d playfields by nll p~ples regardless of race, sex, creed~ cad residence ulthin the limitation of the lays of l'lashington S~ate. . ~c p'rogr~ of utilization ~y be ame~ed from tfme=~-tlne at ~e re~es~ of eljer the offeror or the ~ve~nf.~ vlth ~ vrlt~m concurrence of the' other par[x, ~d t~ such ~e~mts Shall be added ~.~ bec~ a of the original pm~m of utilization., ,!' . : progrm ~e ~o be addressed is as ~cl~c~s~ , ~4rut~ P~nd~q~ 5~crln[end~n[ h 20it, ~ri~ ~rk 9~atlon B~r~ ~hshing~n .,~2'~./-, , . .-.. : · . Burc.-u of Outdoor Recreatim 310 Courthouse Building ~cat~lo, ;':ashln9t°n AtLentlont FF. Klein, ~crention plarmef In reference ~ ~e s{~e pl~ that wag ~nltted along ~ith t~ City of Br~e~on'e ~ e,,%~ltted { co.fates the original h2 oc~eo acquired ~Y t~ City ~e_site ~1~..~..;~. ~neral Se~lce AC~ ~nistratlon on J~u~ 23, 196h, based upon un u~lication s~nl~ted ~rll 9~ 1~63, as ancndcd. ~ loo~lino ~or the site pl~ ye note tlu~t ~er~ ~ be soma ~ostion In ~g~ds ~ th~ f~ct t~ th~ n~ site pl~ a~ars ~o c~ng~ S~s of t~ vhich ~orm inco~omted into the orlGl~l site pl~. t;e wish to houewr, thu~ the original area nc~ired ~111 be dcvetoped strictly ~lol~ lines ~9 sholm on the original site plan fo~ th$ h2 acres. ~mo area dc~10na~ed Watcr,~ c~c., Is t~ sa~e ~ t~t sh~m cn t~ original site p~n ~der note "2~ and enZitlcd .C~nity Picnic ~ea vi~ ~ntrat ~klng F~ilitles,' and vi 11 bm developed us same. ~ro lc one deviation from the ori0inal site pl~ In t~t Me ~ve provided ~oro parRln~ area a~ t~ central picnic or active use area tt=n ~u9 on thc orlsinal site plan ~r ~ "5". In editions ~e have provldcd a ncun9 of lnareSs ~d eOresn ~ ~o central picnic ~rem Mhcre vo ~i~ ~;c~ hcavic~ use. y~ ~!11 ~te t~t this ~mm accomplished by p~vldln~ In thc ove~ll plan for a 1~ ayg~ ~e~by au~ob[les ~ drive in t~ ~{n entrance and - leave t,y tha main entraps vithout encounterlnO undue c~gesticn In the ;~ ~l~c~ly ~ t~t the i~atlon ubo~ rill bo of help to you In ¢~luating ~r ~pplicu~lon to a~ire t~sm ~rtion9 of the Br~erton ~nex of tho Ftutc~ }~u~l ~nition ~pot~ Dan~or~ Bra~crton~ Eashlngton~ listed rare or lmss~ ~t ye a~ a~iu9 for for parr ~d recrea~io~l P~OPOS]~D D~V~LOPM~NT PLAN The Program °f utilization as submitted the City of Bremerton as a part of its application by Provides for minimal development of N-Wash-665C and quite extensive development of GR-Wash-665. The northwestern parcel (N-Wash~665C) will have nature trails and maintenance access roads that will connect with those in the existing city park. The easternmost parcel (GR-Wash-665) will have a service build- ing, Picnic circles, roads, trails, and parking. A caretaker resides on the existing park which lies between the two Parcels under application.