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HomeMy WebLinkAbout927925 QUITCLAIM DEED AND AGREEMENT ~'~: The UNITED STATES OF AMERICA, acting by and through the Adminis- trator of General Services, under and pursuant to the powers and authority con- tained 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 d.~signated "Grantor"), for and in consideration of the sum' of Fifteen Thousand Five Hundred Dollars ($15; 500.00) and in further consideration of the continuous use and. mainte- nance of the hereinafter described premises as and for public park and public rec- reational 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: Beginning at a concrete monument at the center of Section 12, Township 24 North, Range 1 East, W. M., thence North 89° 00' 48" West 1285.61 feet to a concrete monument and true point of beginning. Thence South 1°. 5~~ ~i0" West 1970.21 feet to a point on the northerly boundary of State Se.eondary Highway No. 303; thence along said northerly boundary of state Secondary Highway 303 South 46° 41' 40" East 426.02 feet; thence N®rth 1° 59~ 40" East 2256.78 feet; thence North 89° 00t 48" West 320.08 foet. to a concrete monument and true point of beginning, containing 15.5 acres more or less. SUBJECT TO easements granted by the United States of America as follows: 1. Easement for public road purposes to the State of Washington, dated. 3 November 1943. 2. Easement for public sidewalks to the State of Washington, dated 20 April 1944. 3. Easement for transmission lines and down guys to Puget Soulad Power and Light Company, dated 28 February 1946. 4. Easement for transmission line to Puget Sound Power and Light Company, dated 17 April 1946. 5. Easement for street, roadway and sidewalk purposes to City NO of Bremerton, dated 23 October 1945. The Property was duly determined to be surplus to the needs and require- ments of the United States of America and was assigned to the General Services Administration for disposal pursuant to authority contained in the Federal Property vot_919 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 the 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 purposes. 4. 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. 5. 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 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; ~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 take 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 03) 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 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. 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 regulations of the General Services Administration as in effect on the date of this deed (41 CFR Subpart 101~8.2) 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 0 919 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. 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, unrestricted 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. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed as of March 4, 1968. . UNITED STATES OF AMERICA Acting by and through the Administrator of General Services _~_ L'/.'~2' ~ Chief, Real Property Division · : , ~v '~ ~ ~ Property Management and Disposal Service -4- v0L919 ,t286 STATE OF WASHINGTON) ) ss On this .~ %Z ~ day of ~'~~ 1968, before the undersigned, a No~ry Public in and for the State of Washin~on, personally appeared ~ ~ ~ ~ to me kno~ to be the ~' Chief, Real Property Division, Property Management and Dis~sal 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 ac~owledged the foregoing instrument to be his free and voluntary act and deed. acting for and on beha~ of the Administrator of General Services, acing for and on beha~ of the United States of America, for the uses and pur~ses therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and afl,ed my official seal the day and year in this certificate above written. ..k~. ~.~. ,., _ : ,~.' ,.~ -..- ~, Notary Publi State of ~-~.' ....... , ~ '-~'. ~ - Washin~on, residing at ~ederal Way mdergait SHERIDAN PARK · ESsex 3.257 i " BREMERTON, WASHINGTON .~ndent I;~:-D;iiT >¢1 TO O.7~.Di~-i~L O?i1%R TO Pbi{CP~.SE~ Pi~OYE;?i'Y FO[~ PUf~LiC PAEK OR PUBLIC ~ '~':" ~"~'~'~'~'~%5 ~m CiT~ 0~' ~qON, ~.-~d E:~'~ibit A ~ the area bei~ applied for wLll be developed a r~t,~e tra~ syster, zs m' att~eh:d si[e p~u. ~ addition, pic;~e ,rc3.s wi~ b.e s'trc.tegicelly ,~Dout the are~ adj~cc,:it to thc troil ~icste~. i p~rki~g a~.x w~d~ b:~ he w~:st ~.i~ cf tk..~ are.~ to accori~c~te th~ au~::obile~ .c.f ti~se people area. gesbrooms w~ be provided in an ~'~ des~qlated on the site pi~ which ocat~2d at the .~,.-4~ ' - ~-,,,~ tr~l's ~tem. Dur~!g *¢ .... lopme~t ,mt~r outlebs -~ be provided in p~.ce= elos~ to tho pic~Lc area. It is hoped thCt the area ~n be deve~ped over a period of zebra! ye~:'s and r~I pm/ide the citizens of Bremerton ,,~th ml o~.port~iby to get ,:-~ay noise and rush of the city aud enjoy contact ~(ith ~.corpora5e/ in~o the City of Br~me~on's 6-yea~ e~.ptt~l ~rovenenb the fo~ow~ig p~Jecl:ions for th, aPe-g: 1967, $!5,~0, acq~re th, p~pe~y. 1968, buret $i,C~30 to st~[ narco tm~ ~d p~ lot d.svelopm~nt. 1969, $1,O~0 to cont~u~, n=t=~ tr~=~ development mud es'tab~sh pie~tc 1~0, $!~0~, f-=th, r develo]u, ent of piece a~,as ~ud contained tr~. development. 1~1, $1,0~O~ coM. hm~ picnic ~rea ~d ~a%er llne demloyuent. 1~2, $.4,~.¢0~ b~Id rest~cm fac]~tie~ and ~.~end water 1Lue~ to ~!I picnic ~r~er~l r,~tei~ce to the a~ w~ '*iu . ~ral c!e~iL~ up of the srea l.~ p~ceed ~ ~n crderiy fashion. Vo!~m'te~ Lbs encot~iz~d to Join with P~k Dspsrtu~nt forces to thi~ end. Attached is a g~nel?l d~'~lopm~nt pi~n cho'~W~.S the location of the EXHIBIT "A" voL919 mGEPJ 8 ~ash~:gton~ :.,.s~ ~d under Gl C6n%~o~ ,~WB~~, ~dent~f~ed on the as Ares ~, n~9',u,:~r,at~iy !5.5 acres, rcr~ or !e~s. The legal description cf the ~.~.O~ ~. ~O~...O~~.'~lr"~. .~ '"' ',~j"r ' ' ~"~=..,~ lS ~*"C~ -'~ ~.0 ~'- '. . - ..~c I ~'" :' th~ I[aed and '~-~ '~' ~" .......... ., o~ ~ret.e2ton, ;,iho~e curre:~t ~opui~tion is ~ppro/.3mate.Ly 39,C00: lob acres ,~-.s aroro~in~t~ly " of !e~ud aes~gnated for park ~d recreation use ..... c,, recoh ~Ize~ st~n,J, ards for ~ark and reg~6atlOr. 9.re~s a,~.-I l~_~,.:,~.>c as l~laygrou~ids and two areas ~:lbh ~ ccr~bln~ci e ....... ~.~ of 2o.> ~ ~-.- ~ ..... of ........ =~ ~n:t ~lavfieids oumed '" the = ....... n .... ~is~-~ ~nd. ~at. ei'frc~t vrc~urcV' in the center of thc ~ ...... ~ ..... ~_~+.,. This ~..~ ..... is =~h. ~ site )P ........... ~]le.~,'~;, .... ~.a- ':' ~:~ ~'oo1~ ;3 ~%r~e j3lc~/c ar~%~ rose oi ..... ~ ' "~: ]~,~cr] ]corse ukoe c0~t~. 'i~e ~ar]-: ].s _ ,.,.~c ',,' ~. ...... ' ' bat%~:'3 03. ~., - ~' ' 1~-=~ ,~ '~h:~' concsntra~a "="~f'~ and alt~:D,i~h it. ~..,ke~ :~' ..... " huk of s~ze .......... j,a,,e p~rk~ _~.c_t~ ....... The ~co..d area ' ' ' . ..... ' ' ,~ ~ located ~:. a hea~'i]~r ,.~,....= ..... .. :a:'~< zs ?or,~st id iS~ Ire'k, aFprox~matsll 20 <_,~re~, ~,,- ,~- ~s alao ~nade::uate ~ size. i thl,' .... ~., ..... %.,.,~, ~,~.~.r_~. due to ~m~ven .o~o~. _~.~ fc:volved. The ~ ', ~' ?.. Si~itabi].i~:.-~,.~ . i The :rea ....... o ~,= for is lo!:, stri: of l~:d a:~ro>~.:stely cel~eve t,.a~, the area %till oe of ~+ value to thc . .... ~,,~.~i~ .... of 0~-,- ~r:a. c9. voLffi9 E~.H]L-IT A · * ' . CO.-h.t ...... 10 .. 'fh~ +o rcszdentzal '" P '~*' ~ areas ~. tile North mud East are ..~.ently the ~t- -~ ~ ~a~/ v ~,~-~, t~ = ~ - rc~'~evez ~ it ~ anticKoated withLn the nent three cc ~ · '-~ - will beco~ e a ~:r~e res~der~lel area~ ~d wc four years t.m~ t.a~. a. rc~ - . s-. z--~o .,.e future needs of "zv acouz!u:-.g the ap~;a i~z question tl~t we wi~ be ~., 4, ~ *~ citizens of ou~' ........ co-,~;~,im,tv, with the. park facility thn,. c~! ~.. utilized for.., day c~np~,g Drogr~w,s, natm'e trails, ~d p~cn~c areas: ~n addltion to ..... ,~ ~,-,-~ an feel. w~].! be a first class residential area. 'fhe Oity of Bremerton F~k ~d 2ecreation Depa~zment's operatZ~ '' '' ~v ,,,12.,.,~7~...~ s~-s..~,~, below average for cities of eommarable size ~ the 1556 is "' = ' ~ ~<' ''-~ State of -s-~; ~+. - ...... ~o~on. ~. addition to the c~rent operab~ budget the w.~by of ~z. emer~on ~ the past t%~ vears ~pen., ~i aadltion~l :$&8~GCC ~u ~ud acc~sltion c~ ~ e.-b budget the Park De~.srtment' for el:an sl~ace. ~f'Lth~l the fr~nework of the ' -~-~ consists o~ a =uper~,endo~.t, a recreation director~ a Dark ~ ~- ~l, form '- .... e ~' - '~' ...... secretly, ~d a b~.g attc ...... t ~~,dzt~m,,=~ ' ~ ~ *'~ne ~i~a .... ........ + .... ,,t employs several part-ti~e people to w~.fmta~ its parks ~-,~-. s an~ a staff of 2~; part tine recreation leaders Lu its ~l~Olic reereatzo:' ' ?rc, gra'~.. The D~p. arbment cozRellpiates em ~ucrease ~ its operab~,L budge', for t.h~ ~ear 1967 ~ th~ nat:~e of additional ftmds for park opera both fret: the stand[.o~%t of ca~zt~ outlaa: end ad~.3.ona- e~-~loyees for If th~ acqui~itlon of the ~rooervy~ . b~-~-~,~ a~plied for ~ .~' ~ '- we ~1i~ recon- S~i'~icr, ezcist~ug traits~ establish picnic * '~ ~ ~' '~ ~ ' aha gra.dtm~y ~l.J~,-C t'~Se as - develop the area for '~ ~ ~ park area,. ~. Unrest rice, ed Use. Unrestricted use is ~arante~d ~der e~st.~g ~lu.~ cf ]3remerton Or~.nce ~219i: '': ' is ordnance relating to the care, gove~znent, control, ~=r:~o. The ore. em. ce is lmo%m as ~n~ Park Code of the ~ud opera%zon cf public of Bremerton~ ~d provides for the ~restricted us- of the city's public '~ plmyf~e!ds by a~ peoples regar~ess of nationality, race, sen, steed, ~d with~ tlc !Lrltation of the ~ws of %~'ash~tgton u~zl_~a~z~- m~v be ~ended from tine to tL~e at the request The program of '~' ~" ~ '~'~ of elther the ozf~ror or the Covc~ent., wlth the ~ut. en concurrence of bne ~,~% such amen~u, ents sh~l be added bo ~d become a pal% of other party, ~.d the crig~.al progr.~u of ut~ization. The name, title, ~d address of the person whom ~uq~ies conceding the a~ .....~ is follows: are to b~ a.,~..~o-d as in~ew ~endsrcast~ 5uDerintelident +~ ~ of Farks and Breraerton, Uazhin~ton VOL~I~ i:l~ ~l~) DEPARTMENT OF THE INTERIOR NORTHWEST REGION (206) 442-4706 915 SECOND AVENUE. RM. 9~) SP: N-WASH-66c (1) SEAT-I'LE. WASHINGTON 98174 ~100 I.: J ¥ 2 0 i979 The Honorable Glen Jarstad Mayor of Bremerton 239 4th Street Bremerton, Washington 98310 Dear Mayor Jarstad: We are please to advise you that GSA has withdrawn its recommendation that we require the reversion of 0.55 acres of land at the Eastpark Nature Area on which a water reservoir has been constructed. This now means that the revised program of utilization for this property which you submitted in July of 1978, is officially approved. Because of the delay in securing the concurrence of the General Services Administration, the dates indicated in the program of utilization should be adjured to add a period of time to equal the delay which has been experienced in securing a GSA concurrence. This amended program of utilization now replaces the original program which was submitted with your application in 1968; future use of the property will be inspected periodically for compliance with this pro- gram. Your cooperation in this matter is appreciated. Sincerely yours, Maurice H. Lundy Regional Director cc: Raymond E. Foley, Superintendent ~~/~~ Parks and Recreation Department Bob Theroux, Grants Administrator  UNITED STATES DEPARTMENT OF THE INTERIOR HERITAGE CONSERVATION AND RECREATION SERVICE NORTH WE. ST R E C:,ION (206) 442-4706 91 .,5 SECOND AVENUE. RM. 990 SP: N-WASH-66C (1) SF_.AI-fLE. WASHINGTON 98174 NWiO0 Raymond E. Foley, Superintendent Parks and Recreation Department P.O. Box 2016, Sheridan Park Station Bremerton, Washington 98310 Dear Mr. Foley: Enclosed is the material Mr. Malbon promised to furnish you during the meeting that was held with Mayor Jarstad Wednesday, November 28th regarding the Eastpark Natural Area, a potion of the former Federal Surplus Real Property which at one time had been a portion of the Naxo,'s Eastpark Housing Project. This material all relates to the authority of the Secretary of Defense, under an amendment to the Sikes Act, to authorize programs of public outdoor recreation on military lands. Specifically, material included consists of: A. Public Law 90-465 Section 3. This is the basic statute which provides for public outdoor recreation use of military lands. Note that there are two elements. The Secretary of Defense is authorized to carry out (1) a program for the development, enhancement, operation, and maintenance of public outdoor recreation resources on military reservations in accord with (2) a cooperative plan mutually agreed upon by the Secretary of Defense and the Secretary of Interior in consultation with the appropriate state agencies. B. Title 16 United States Code Section 670. Section 670c is the codified version of Section 3 of Public Law 90-465. Section 670a through e collectively constitutes the entire Sikes Act, as amended. C. Conservation And Outdoor Recreation Pro~rams On Military Reservations - The Sikes Act. This is a narrative description of the evolution of the Sikes Act. We have marked that portion relating to public outdoor recreation. D. D_D~artment Of Interior Press Release. This is a May 26, 1978 press release on the memorandum of understading between the Department of Interior and the Department of Defense for implementing the provision of the Sikes Act dealing with outdoor recreation on military lands. E. De_~artment Of Defense News Re]ease. This a May 26, 1978 press release by the Department of Defense on the same subject. F. Memorandum Of Understandi~ Between ~e Department Of Interior ~d The Department Of Defense For The Development Of Outdoor Recreation On Military I___nstallations. ~is memorandum of understanding was signed by both the Secretary of Defense, Harold Brown and the Secretary of Interior, Cecil Andrus. It spells out in some detail procedures for carrying out the provisions of the Sikes Act relating to public out- door recreation use of military lands. G. Draft Cooperative Use Plan For The Develo m~ Enhancement~ O_peratio------n An~d Maintenance ~ ~u~{c ~utd-~or RecreatiOn ~-~sources At~A Specific Location. This draft plan is a standard format which can be used where appropriate by completing the blanks. H. C°°perative Use~reement For The O erati · ?la~ntenance Of Rec ~ ~--2L-_ ~-- P _ o~ Utilization & rea .... ~=sources At A Specific Location. This is very similar to the plan describing G above but is meant t--o be an agreement to carry out the plan. Pragmatically speaking it would appear that G above or H would be sufficient. Wa hope this provides enough information to assist you in expediently obtaining an agreement with the Navy to use a portion of the Navy's Eastpark Housing Project. It should negate th~ necessity for having a license and also overcome any objections whfch the Navy might have, par~-icularly by Navy officials who may not be familiar ~ith the Sikes Act and all the provisions which have been mmda te implement it. If you have any questions please do not hesitate to contact us. Sincerely yours, Maurice H. Lundy Regional Director Enclosures cc:~The Honorable Glen Jarstad Mayor of Bremerton w/o enc. Bob Theroux, Grants Administrator w/o enc. Services Administration Washington. DC 20405 ~ov ~ 1919 Honorable Glenn K. jarstad Mayor of Bremerton Bremerton, WA 98310 Dear Mayor Jarstad: On August 8, 1979, my real property staff recommended, as a result of a compliance inspection, that the Heritage Conservation and Recreation Service (HCRS), Department of the Interior, take action to abrogate park and recreation use restrictions on a 0.55 acre portion of the Eastpark Nature Area, Bremerton, Washington, on which a 2,000,000 gallon water reservoir was constructed. Upon further review of this matter, I understand the city will landscape the property and, except for the land occupied by the reservoir, will ~ut the property to park and recreation use. I understand further that the city constructed the water reservoir with the prior approval of HCRS. tn view thereof, the recommendation to abrogate the use restriction on ~his property is withdrawn. I have advised Senator Henry M. Jackson, who Contacted me on your behalf, and HCRS, accordingly. I trust this information is helpful. Si ncerely,  UNITED STATES DEPARTMENT OF THE INTERIOR HERITAGE CONSERVATION AND RECREATION SERVICE NORTHWEST REGION (206) 442-4706 915 SECOND AVENU~ RM. 990 S?: N-WASH-66c (1) SEA'n'LE, WASHINGTON 98174 lOO NOV 0 1979 The Honorable Glen Jarstad .,.~'~ .~/'~.~/ .~ Mayor of Bremerton 239 4th Street Bremerton, Washington 98310 Dear Mayor Jarstad: We are please to advise you that GSA has withdrawn its recommendation that we require the reversion of 0.55 acres of land at the Eastpark Nature Area on which a water reservoir has been constructed. This now means that the revised Program of utilization for this property which you submitted in July of 1978, is officially approved. Because of the delay in securing the concurrence of the General Services Administration, the dates indicated in the program of utilization should be adjusted to add a period of time to equal the delay which has been experienced in securing a GSA concurrence. This amended program of utilization now replaces the original program which was submitted with your application in 1968; future use of the property will be inspected periodically for compliance with this pro- gram. Your cooperation in this matter is appreciated. Sincerely yours, Maurice H. Lundy Regional Director Parks and Recreation Department Bob Theroux, Grants Administrator