HomeMy WebLinkAbout933601 QUITCLAIM DEED AND AGREEMENT
The UNITED STATES OF AMERICA, acting by and through the
Administrator of General Services, under and pursuant to the powers and authority
contained in the provisions of the Federal Property and Administrative Services
Act of 1949 (63 Stat. 377), as amended, and the Surplus Property Act of 1944
(58 Stat. 765), as amended, and particularly as amended by Public Law 616, 80th
Congress, and regulations and orders promulgated thereunder (hereinafter
designated "Grantor"), for and in consideration of the sum of Forty Thousand
Dollars ($40, 000.00) and in further consideration of the continuous use and
maintenance of the hereinafter described premises as and for public park and
public recreational area purposes, by the CITY OF BREMERTON, a municipal
corporation of the State of Washington, (hereinafter designated "Grantee") does
hereby convey and quitclaim to Grantee, and to its successors and assigns, all
Grantor's right, title and interest in and to the following described property
located in Kitsap County, Washington:
That portion of Government Lots 3 and 4, Section 9,
Township 24 North, Range 1 East, Willamette Meridian,
County of Kitsap, State of Washington, described as
follows:
Commencing at the southwest corner of said Section 9;
thence S. 88° 58' 16" E. along the south line of said
Section 9 a distance of 1430.87 feet; thence N. 8° 00'
E. 208.71 feet; thence S. 88° 58' 16" E. 12.41 feet to
a point on a curve on the east right-of-way line of the
Proposed Primary State Highway No. 21, Sinclair Inlet
to Silverdale as shown on sheet no. 1 of said highway
plan dated February 7, 1961, THE TRUE POINT OF
BEGINNING; thence S. 88° 58' 16" E. 613.72 feet more
or less, to the Government meander line; thence northerly
along said meander line N. 8° 00' 00" E. 149.29 feet; thence
N. 22° 30' W. 959.64 feet; thence N. 33° 00' 00" W. 335 feet,
more or less; thence N. 88° 43' 57" W. 1145.64 feet more or
less to the east right-of-way line of said Highway No. 21;
thence S. 40~ 44' 52" E. along said east right-of-way 984.28
feet to a point on a curve whose radius point bears S. 41° 32'
13" W. 1592.5 feet; thence S. 41° 32~ 13"W. 20.00 feet;
thence southeasterly along the arc of said curve, having a
radius of 1572.5 feet, a distance of 549.30 feet to a point on
said curve from which the radius point bears S. 61° 33' 09"
W. 1572.5 feet; thence N. 61° 33' 09" E. 20.00 feet; thence
continue southeasterly along said curve, having a radius of
1592.5 feet, a distance of 166.87 feet to THE TRUE POINT
OF BEGINNING, containing 27.5 acres, more or less.
v0 927
TOGETHER WITH tidelands situated in front of and
adjacent to or abutting upon the uplands property herein
de s c ribe d.
TOGETHER WITH improvements located thereon excepting
the utility lines consisting of power cables, telephone cables
and water lines lying in and along a 60 foot easement reserved
to the United States of America, and a fire hydrant identified
as number 12 and located on said easement approximately
245 feet from the southerly boundary of said easement.
RESERVING TO the United States of America, its transferees
and assigns, an easement over a strip of land 60 feet in width
containing an existing black top road, power cables, telephone
cables and waterlines, and being 30 feet on either side of the
following described centerline:
Beginning at the meander corner for fractional sections
9 and 16, Township 24 North Range 1 East, W.M.; thence
N. 8° 00' 00" E., a distance of 208.71 feet; thence N.
88° 58' 16" W., a distance of 162.55 feet to the True Point
of Beginning of this easement description; thence N. 9~ 15'
48" W., a distance of 243.79 feet; thence N. 21° 23' 48" W.,
a distance of 498.00 feet; thence N. 15~ 49' 48" W., a
distance of 244.00 feet; thence N. 27~ 18' 48" W., a distance
of 276 feet; thence N. 26° 19' 48" W., 157 feet more or less
to the North Boundary Line of the Perimeter Description of
Excess Property above described.
The Property was duly determined to be surplus to the needs and
requirements of the United States of America and was assigned to the General
Services Administration for disposal pursuant to authority contained in the Federal
Property and Administrative Services Act of 1949, as amended, and applicable
rules, regulations 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.
vo 927
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
purposes.
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 regulations~ (3)the Grantee, its successors and assigns will
promptly take and continue to lake such action as may be necessary to effectuate
this covenant~ (4) 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 successor, 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 exlent 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
- 3 -
appurtenances, shall revert to and become the property of Grantor at Grantor's
election.
It is further 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 regula-
tions 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, and the Grantee, its successors and assigns shall promptly
take and continue to take such action as may be necessary to comply with this
condition. In the event of any breach of this condition, regardless of the cause of
such breach, all right, title and interest in and to the above described property, in
its then existing condition, including all improvements thereon, shall revert to and
become the property of the United States upon demand made in writing by the
Secretary of the Interior, or his successor in function.
In the event of any reversion under this deed, the United States shall
have the immediate right of entry upon said property, and the Grantee, its successors
and assigns shall forfeit all right, title and interest in said property and in any and
all of the tenements, hereditaments, and appurtenances thereunto belonging, and
shall take such action and execute such documents as may be necessary or required
to evidence transfer of title to such property to the United States. The failure of
the Secretary of the Interior, or his successor in function, to insist upon complete
performance of any condition in any one or more instances shall not be construed as
a waiver or relinquishment of future performance thereof, but the obligations of the
Grantee, its successors and assigns, with respect to such future performance shall
continue in full force and effect.
-4-
v .927
Grantor shall have the right during the existence of any national
emergency declared by the President of the United States of America, or the
Congress thereof, (including any existing national emergency) to the full, un-
restricted possession, control and use of the Property, or any part thereof, without
charge; EXCEPT THAT Grantor shall be responsible during the period of such use,
if occurring within a period of twenty (20) years from the date of this conveyance,
for the entire cost of maintaining the Property, or any portion thereof, so used, and
shall pay a fair rental for the use of any installations or structures which have been
added thereto without Federal aid; and if such use is required after the expiration
of a period of twenty (20) years from the date of this conveyance, Grantor shall pay
a fair rental for the entire portion of the Property so used.
The Grantee covenants for itself, its heirs, successors, and assigns
and every successor in interest to the property hereby conveyed, or any part
thereof, that the said Grantee and such heirs, successors, and assigns shall not
discriminate upon the basis of race, color, religion, or national origin in the use,
occupancy, sale, or lease of the property, or in their employment practices con-
ducted thereon. This covenant shall not apply, however, to the lease or rental of
a room or rooms within a family dwelling unit; nor shall it apply with respect to
religion to premises used primarily for religious purposes. The United States of
America shall be deemed a beneficiary of this covenant without regard to whether
it remains the owner of any land or interest therein in the locality of the property
hereby conveyed and shall have the sole right to enforce this covenant in any court
of competent jurisdiction.
IN WITNESS WHEREOF, the Grantor has caused these presents to be
executed as of June 18, 1968.
~ , UNITED STATES OF AMERICA
~ ..:. ~.. ...~ , Acting by and through the
~'~ '~ ' Administrator of General Services
..... 'i../ -~ ~- Chief, Real Property Division
· ~.~ '~;~. '~' '~' '~:~ Property Management and Disposal Service
-- 5 --
vo 927
STATE OF WASHINGTON)
) ss
COUNTY OF KING )
On this .~ ~ day of ~) ~ 1968, before the
undersigned, a Notary Public in and for the State of Washington, personally
appeared ~! ~ ~~-~ ~ to me known to be the ~-- 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.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal the day and year in this certificate above written.
.' ~..' , '~;~ .~. ~; Notary Public in a~ for the State of
-~- ~. , .' .... .' ~-~ Washington, residing at Federal Way
'Z'" '
-6-
PL~hibit "A' of O~'~er d~t~d D<;~e:~r 13, !~67
.... ~ ~l~h~:~..~, acti~ throu~..n its
O2..~r~ k. J ......~ ..... , CJ.~,y Hall, ~ ........~,'~ ~'.~s~-~ :,~c.u ~8310., of D~r~
by City of Src:~z:rto~ Ee~olution ~. 1352, d.~t¢~i S~pb~k,?r 20,
1~6~, ¢op;~ of ~nxch is "'
b. Tho property is p~ of fo~ucr Br¢:r. erton ~ex IL~v~:~! ~ur~ition
D~pot, B~ ~or, B:~:~rton, ~'~shLnEton, list~.d ~ud~r C~L Cor~trol
....... u:~-~.~J-?,5, and loca't~d in Lot's
Sa:ctD>~ 9, To~cl~hJ~p 27. ~]orbh, t~r~ge i L~.~t Wi~v:~otte ~.~-~rid.i~,
Kitty, ap Co,~.~t.y, ~.~b-]~.gton, ~ud is tota~y withLn the incorporated
City li~ib~, cf the City of
c. qbe property i~ 27.5 ~cres Lu ar~:~. A description by metes and ~.~'~ds ~.d a m.~p of the area ~ attached. Ex!ot~;~
!c,:at~i on t.b~ ~re~ are thirty-sL~ (36) conc~t.~ ~I~o.~ ~nd
fonc.iz~g on th~ scutL':~sb ~ud r~orth houud~ie~ of the prcp¢~y, and
along th<~ k~d ~u~f~ced road mentioned above. There is no perso.~l
d. Tho are~ beL~g applied for, 27.5 acrgs, w~ be u;~ed for Park
mud lecra~ation purposes, th, m~Jor ~o~ion wi~ be left ~ it~
n~tupg! ~ate to preoe~e tb~ exc~llent e;~ples of r~tiw'e
and skr~ab~ t~t a~md ~ the a~m. Th~ ~stL~ h~ s~faced
road ~ill ba maiub.~ncd ~s~i~ p~n~,nt acccs~ to th~ ~ea
from both the uorth ~d south side~ of th~ p~pe~.y adjacent
to the b~ach. The h~hest poiut on the p~pa~y., accessible
by an ¢xi~t~g se~ce ~ad e~tLng f~m the ~rd s~faced
~d, ~ be de~lop~d as ~u active us.~ ¢rea ~corpor~t~ a
softba~ field, vollcyb~ cot,rt, horcezhoo co~ts, z~d ~ pic~c
~a, ~clud~:~ s~,Ings, s~d~, ~ud cl~b~ app~atus. R~st~oms,
~cludinE a shelter, are p~n~d for the area. A tra~
~H b~ established to cucour~g~ h~ir~z ~d n~t~ mtud~. A
l~t~d ~o'~nt of p~rk~g will be p~ovided alopg th.~ b~d
~ad adjacent to the beach. Pa~ h~nchcs w~l also be considered
on thc ~ter side of the road. ~sy' access to the beach w~
be pro,.dod Ln se~erml locations in order tbmt ~,~ople
ut~ze the ~ach d~Lu~ ~w tides. A ~ter spo~ p~gr~m
cludirg sa~boating and row~ w~ be encour~ed in Ostrich Bay,
adjacent to the prope~y. The a~p~m~Ate~v ~OO feet of water-
f~nt is ideal~ s~ted for aquatic p~gra~. The ~ea
re~tive!y p~tected t~,u the ~.a~. wind~ by
?oJat to tha north~e.?t m~nd '~ .... '- e ~'
: i~o~y ~olnt to th~: a~;t. All of the
19<~,_~. Dovetop n~t,~e trail as ds~u::,~ed cn plan,
1970. Contiat;e dw'=~o ..... ~t of
tt-a~ t~-~ tr&~, lr~"~'O
~. G~de ~n~ ~cve! picnic ~ p~y~ie!~ ~res. App~o~i~s~e
coot
C2.
D~p picnic are~ ~nd pL~fi~d. Appro;~te
~. Constrazt co~o~n~tio~ picnic ~h~lter ~ad
e. th~ City feel~ the ppojcct ~oc-~d be c.on~id~i~ed of ~dgh priority
ov~. W~,~;~,~ Bre:::~rton, the. ~.~e~+ of the. p~'K, is p~icu~ly
~c~g ~ ark ....
p_ f~c~ties. ~<~d up~,n the app~r~.te present
pop~,.tion of U.m~, ~ Br~ertoa ~nd ,~ ,~.on~l w~cre~on ~nd Parks
Association~-~~=~;~..~, th9 area i~ d~flci~nt 63 acro~ of
p~k acreage, end a 1~ ~o-~nt ~ pl~jfi~ld ~nd pl.~.ySro~d
The adJac~at n~hborhood is devoid of ~- recreation space
a pav~d ~roet end.
f. The a~aa teLng applied for is ide~ ~cated 05 the ~t side
of the City ~d wit~ thc ~co~rated City !i~ts,
accessible ~ over, ne wit~. tko City by ~ exiting 3-~ne
~ghway ~nd a freeway sched~ed to be co~::pL~ted ee.r~v ~ 1968.
The ar~ is s~p~ated frcm ~ e:~tL~ 5~-ac~ p~rk by the
new f~emy; howe~r, ib is ccrmected by ~ overl~e¢.d which
se~icex pmperby c~'rent~ o~:~ed by th~ U~it~d Stx{,,s Na~
located to the norbh of the property beq~ -- ~p~lq~d~ for.
g ~c~ty ~p locat~ the pmpe~y Lu m~tion to the e~st~g
N~ P~k, ~stLng U.S Na,~T ~.~rt
. p ~ y, ~ud the new f~e~y,
attached. It is ~ticipx[ed tbmt the prLm~ so,ice area ~
be tho adjncent ne~rh~d to bhe ~ouJ:h, which is co~plebe~
devoid of ~ open space for recreation, ~ud tho new Jack, on
P~k~>.*~ houeLu~ p~Jec[ fo~ ,:r&ioted ~en, located to the
no~h o~ the area. Both of the~e areas am ~ -~lk~
The area ~ t~ accessible by autorob~e, bicycle, or ~t..
vo 927 m[648
for th~ City of appr~&L~atsiy AO,CO3 people.
The na~, title, and ad,~:;as of the p~rsoa wham ~,:',~;~l~s concsrm~h'~g
Andrew Pendergast, SuperL~.tendent
Depa~Uuant of Pacvk~ and Eec;~tion
P.O. Box 2016, Sheridan Park Station
Bramerton, Wa~hir4ton. o.o,~ n,,.~,.,.,~
~e,~k,¢~, o~PIOIIE..ER~AT'L TITLE INS.
MA R GA ~-~T ~,cPH~'~SON Kl~sap Co. Auditor
vo 927
~OVEaRER 25~ 1966
T~ETHEWEY~ ~RINK, AND NELSON
ATTORNIYS AT LA~
lq18 IBH BUILDING
~EATTLE, WASHINGTON 98101
0EAR MR. TRETNEWEYt
IN COMPLIANCE WITH A R£QUEST IN YOUR LETTER OF NOVEMBER ~, 1966,
! AH FURNISHING YOU THE FOLLOWI#G INFORMATION RELATIVE TO THE
QUIT CLAIH ~EED GRANTED THE CITY OF BREHERTON RY BREHERTON
INDUSTRIAL PARKs INCel
KITSAP COUNTY AUDITOR'S FILE NUMeER 891096
RECORDED IN VOLUME 877, PAGE ~0~
0ATED NOVEMeER 10, 1966 AT 1150
VERY TRULY YOURS,
E, H,, T, MCGOWAN
CiTY CLERK
EHTH: OMB
TRETHEWEY, BRINK & WILSON
ATTO R N EYS AT LAW JOSEPH HORTON TRETHEWEY
14-18 IBM BUILDING DANIEL BRINK
SEATTLE,WASHINGTON 98101 P, BRUCE WILSON
-- JUDITH CALLISON TRETHEWEY
MAIN 3~67;32
November 8, 1966
Mr. E. H. T. McGowan
City Clerk
Bremerton, Washington
Dear Mr. McGowan:
Enclosed herewith please find a copy of the Quit Claim Deed
with respect to Bremerton Industrial Park for filing. I would
appreciate it very much if you would notify me after it has been
filed and the correct record entry of Kitsap County with respect
to volume and page number of deeds.
This would apparently complete all of the transactions with
respect to Bremerton Industrial Park and the City regarding the
sewer line and the vacation of the streets.
Very truly yours,
TRETHEWEY, BRINK & WILSON
t~o~seph U. Trethewey
JHT:ceh
Enclosure
CITY CLERK