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HomeMy WebLinkAbout782966 DUPLICATE ORIGIN QUITCLAIM DEED THIS INDENTURE, made as of the /~' day of .~~-~~'"~--..., 1962, between the UNITED STATES OF kMERICA, acting by and through the Secretary of Health, Education, and Welfare (herein called the Secretary), acting by and through the Regional Director for Region IX of the Department of Health, Education, and Welfare (herein called the Department), under and pursuant to the powers and authority contained in the Federal Property and Administrative Services Act of 19~9 (63 Stat. 377) as amended, GRANTOR, and CITY OF BREM~RTON~ a political subdivision and municipal corporation of the State of Washington, GRANTEE; The said GRANTOR~ in consideration of the sum of One Hundred Eighty-Two Dollars and Forty Cents ($182.hO) paid to it by the GRANTEE and in consideration of the reservations, conditions, covenants and restrictions hereinafter set forth and the agreement of the said GRANTEE faithfully to observe and perform the same, and of other good and valuable considerations, receipt of which is hereby acknowledged, does hereby REMISE~ RELEASE and QUITCLAIM unto the said GRANTEE, its successors and assigns, all of the right, title, interest, property and estate of the said GRANTOR in or to the real property situate in Kitsap County, State of Washington, particularly described as follows: A parcel of land containing 0.22 9cres, more or less. lying and being in the Southeast ~ of the Southeast ~ of Section 35, Township 2~ North, Range i West, W. M., more particularly described as follows: Commencing at a point on the south line of said Section 35 lying 683.$ feet West of the southeast corner of said Section 35, being Survey Station 1605 plus 70.7 on the center line of the Shelton-Bremerton-Bangor Naval Railroad; thence North 37° 18' East 199.30 feet along said center line to Survey Station 1607 plus 70; thence 90° to the left 80 feet to the true point of beginning; thence North 52° ~2' West l~O_f~e~; thence North 37° 18' East 60 fee~; ~ence South 5~u.42_.Ea~ 170 feet; thence South 37u lS West 60 fee~ zo ~ne [rue point of beginning. ' W.76 Also a parcel of land containing 0.80 acres, more or less, lying and being in the Northeast ~ of the Northeast ~ of Section 2, Towns.hip 23 North, Range.1 West, W. M., and in the Southeast ~ of the Southeast $ of Section 35, Township 2~ North, Range 1 West, W. M., more particularly described as follows: Commencing8at~ a point on the south line of said Section 3% lying 6 3.4 feet West of the southeast corner of said Section 35, being Survey Station 1605 plus 70.7 on the center line of the Shelton-Bremerton-Bangor Naval Railroad; thence North 37° 18' East 153.30 feet along said center line to Survey Station 1607 plus 2~ thence 90° to the right 90 feet to the true point of beginni.ngi thence North 37° 18' East 200 feet; thence South %2° 42 East 170 feet; thence South 37° 18~ West 200 feet; thence North 52° $2' West 170 feet to the true point of beginning. ~ 0ut side~ Dimensions 1. Wooden water tank 32' x 16' 2. Wooden Pier 166' x 10' 3. Pumphouse - wooden 9' x 9' (located on pier) $. Water Treatment Plant 20'6" x 13' ' wood frame ALSO EXCEPTING AND RESERVING to the UNITED STATES OF ~MERICA, the GRANTOR herein, its successors or assigns, wholly separate from, in addition to and without limitation upon any and all other rights herein excepted or reserved to, or conferred upon, it or them, the absolute right, at its or their option, to be exercised at any time during the period of twenty (20) years from the date of this deed, to revert to the UNITED STATES OF AMERICA, its successors or assigns all right, title and interest in or to any and all minerals, including all oil, gas or other hydrocarbon substances, in or under the above-described property, together with the right to take and recover possession of said minerals and to enter upon said property for the purpose of exploring for, mining, drilling for, eXtracting, producing, transporting or marketing the same or any thereof in any manner not inconsistent with the public health use for which said property is hereby conveyed; PROVIDED, that the GRANTEE covenants ~nd agrees, for itself, its successors and assigns, which covenants shall attach to and run with the property hereby conveyed, that upon any exercise of the above-mentioned right and option to revert - 2 - said minerals, or any thereof, the GRANTEE, its successors and assigns, and each of them, will execute and deliver to the GRANTOR, its successors or assigns, any and all instruments determined by it or them to be necessary to perfect of record, according to the law of the place where the same are situate, any such reverter to the GRANTOR, its successors and assigns, of said minerals, together with the right to take and recover possession thereof and to enter upon said property for the purpose of exploring for, mining, drill- ing for, extracting, producing, transporting or marketing the same in any manner not inconsistent with the public health use for which said property is hereby conveyed; PROVIDED FURTHER, that in the event the said GRANTOR, UNITED STATES OF AMERICA, its successors or assigns, shall fail to exercise the aforesaid right and option to revert title to said minerals within twenty (20) years from the date of this deed, then all rights excepted and reserved to the UNITED STATES OF AMERICa, its successors or assigns, under the provisions of this paragraph only, shall, as of that date, terminate and be extinguished. SUBJECT TO all easements, liens, reservations, exceptions or interests of record or now existing on the premises above described. TOGETHER WITH, all and singular, the tenements, hereditaments, and appurtenances, thereunto belonging or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof and also all the estate, right, title, interest, property, possession, claim and demand whatsoever in law as well as in equity of the said GRANTOR, of, in or to the foregoing described premises, for every part and parcel thereof, except as hereinafter otherwise expressly provided and except as the same or any thereof are hereinafter reserved, conditioned, limited or restricted. TO HAVE AND TO HOLD the foregoing described property, together with the appurtenances, unto the said GRANTEE, its successors and assigns and each of them, PROVIDED, HOWEVER, that this deed is made and accepted upon each of the following conditions subsequent, which shall be binding upon and enforceable against the said GRANTEE, its successors or assigns, and each of them, as follows: - ~ - 1. That for a period of twenty (20) years from the date of this deed the above-described property herein conveyed shall be utilized continuously for public health purposes in accordance with the proposed program and plan as set forth in the Application of the GRANTEE dated June 5, 1962, including the Letter of Intent of the GRANTEE also dated June 5, 1962, and each and all of the letters, maps, drawings, documents and other papers transmitted with or referred to in either of the foregoing, and for no other purpose. 2. That during the aforesaid period of twenty (20) years the said GRANTEE will resell, lease, mortgage, or encumber, or otherwise dispose of the above-described property or any part thereof or interest therein only as the Secretary, or his successor in function, in accordance with the applicable regulations, may authorize in writing. 3. That one year from the date of this deed and annually thereafter for the aforesaid period of twenty (20) years, unless the Secretary, or his successor in function, otherwise directs, the GRANTEE will file with the Department, or its successor in function, reports on the operation and maintenance of the above-described property and will furnish, as requested, such other pertinent data evidencing continuous use of the property for the purpose specified in the above-identified application. In the event of a breach of any of the conditions set forth above, whether caused by the legal or other inability of said GRANTEE, its successors or assigns, to perform any of the obliga- tions herein set forth, all right, title and interest in and to the above-described property shall, at the option of the GRANTOR, revert to and become the property of the UNITED STATES OF AMERICA, which, in addition to all other remedies for such breach, shall have an - ~ . immediate right of entry thereon, and the said GRANTEE, its successors or assigns, shall forfeit all right, title and interest in and to the above-described property and in any and ell of the tenements, hereditaments, and appurtenances thereunto belonging; PROVIDED~HOWEVER~ that the failure of the Secretary, or his successor in function, to insist in any one or more instances upon complete performance of any of the said conditions shall not be construed as a waiver or a relinquishment of the future performance of any such conditions, but the obligations of the said GR~dITEE, its successors and assigns, with respect to such future performance shall continue in full force and effect; PROVIDED FURTHE~ that in the event the UNITED STATES OF AMERICA fails to exercise its option to re-enter the premises for any such breach of said conditions within twenty-one (21) years from the date of this conveyance, the conditions set forth above together with all rights of the UNITED STATES OF AMERICA to re-enter as in this paragraph provided, shall, as of that date, terminate and be extinguished. In the event title to the above-described premises is reverted to the UNITED STATES OF A~fERICA for noncompliance or voluntarily reconveyed in lieu of reverter, the said GRANTEE, its successors and assigns, at the option of the Secretary, or his successor in function, shall be responsible and shall be required to reimburse the UNITED STATES OF AMERICA for the decreased value of the above- described property not due to reasonable wear and tear, acts of God, and alterations and conversions made by the said GRANTEE to adapt the property to the public health use for which the property was acquired. The UNITED STATES OF AMERICA shall~ in addition thereto, be reimbursed for such damaged,including such costs as may be incurred in recovering title to or possession of the above- described property, as it may sustain as a result of the noncompli- ance, The said GRANTEE may secure abrogation of the conditions numbered l, 2 and 3 herein by: a. Obtaining the consent of the Secretary, or his successor in function~ and b. Payment to the UNITED STATES OF AMERICA of the public benefit allowance granted to the said GRANTEE of forty (~0) per cent from the current market value of Three Hundred Four Dollars and No Cents ($~0~.00) less a credit at the rate of five (~) per cent of said public benefit allowance for each twelve (12) months during which the property has been utilized in accordance with the purposes specified in the above-identified applica- tion. The GRANTEE, by the acceptance of this deed, covenants and agrees, for itself, its successors and assigns, that in the event the property conveyed hereby, or any part or interest therein is sold, leased, mortgaged, encumbered, or otherwise disposed of, or is used for purposes other than those set forth in the above- identified program and plan without the consent of the Secretary, or his successor in function, all rents, royalties, revenues, receipts, or the reasonable value, as determined by the Secretary, or his successor in function, of any other benefits to the GRANTEE deriving directly or indirectly from such sale, lease, mortgage, encumbrance, disposal, or use shall be considered to have been received and held in trust by the GRANTEE for the GRANTOR and shall be subject to the direction and control of the Secretary, or his successor in function. The said GRANTEE, by the acceptance of this deed, further covenants and aErees, for itself, its successors and assigns, that th~ UNITED STATES OF ~MERICA shall have the right during any period of emergency declared by the President of the United States or by the Congress of the United States to the full unrestricted posses- sion, control and use of the property hereby conveyed, or of any portion thereof, including any additions or improvements thereto made subsequent to this conveyance. Prior to the expiration or termination of the period of restricted use by the GRANTEE, such use -- 6 may be either exclusive or nonexclusive and shall not impose any obligation upon the Government to pay rent or any other fees or charges during the period of emergency, except that the Government shall (i) bear the entire cost of maintenance of such portion of the property used by it exclusively or over which it may have exclusive possession or control, (ii) pay the fair share, commensurate with the use, or the cost of maintenance of such of the property as it may use nonexclusively or over which it may have nonexclusive possession or control, (iii) pay a fair rental for the use of improvements or additions to the premises made by the said GRANTEE without Government aid and (iv) be responsible for any damage to the property caused by its use, reasonable wear and tear, and acts of God and the common enemy excepted. IN WITNESS WHEREOF~ the parties hereto have caused this instrument to be executed as of the day and year first above written. UNITED STATES OF AMERICA Acting by and through the Secretary of Health, Education, and Welfare, GRANTOR By ,,, · ~-,: .......... Regional Director, Region IX Department of Health, Education, and Welfare .... ~. CITY OF BREMERTON~ a municipal CORpO~.~T~..,SE~? ~ corporation and political subdivision of the State of Washington, GRANTEE STATE OF CALIFORNIA ) ss City and County of San Francisco ) On this /.~, day of ~~. , 1962, before me~~~. ~~, a Notary Public in and for the City and County of San Francisco, State of California, personally appeared F. W, HUNTER, known to me to be the Regional Director for Region IX, Department of Health, Education, and Welfare, and known to me to be the person who executed the within instrument on behalf of the Secretary of Health, Education, and Welfare for the United States of America and acknowledged to me that he subscribed to the said instrument the name of the United States of America and the name of the Secretary of Health, Education, and Welfare on behalf of the United States of America, and further that the United States of America executed the said instrument. ~....~itness my hand and official seal. · ~: ~ '~ ~'.'. Notary Public in and for the City ' / -' ~i ~ ' ' ~' ~' : .~'~' ', .... and County of San Francisco, : " State of California (SEA.L)"i,.."-'/ My commission expires: County of Kitsap ) On this . 14thday of ...,N.o.v..emb.e..r ................ , 1962, before me, C..C., S.o.uth, e~rl.a.nd,,. , . , , ,. ~ . ,, a Notary Public in and for the County of Kitsap, State of Washington, personally appeared H. O. Domstad ~,. , known to me to be the Mayor of the City of Bremerton, Kitsap County, State of Washington, and known to me to be the person who executed the within instrument on behalf of said City of Bremerton, and acknowledged to me that he executed the same as the free act and deed of said.,,.~ ~'~j'j~.~ .... Bremerton. .~ .......... ~ '~ Witness my hand and official ~./~-~~.- ~"~. ~i~.~':U~' '/F1/T/U'/ ±_ -~I'-II-~A~_ t/~, -~.%~ ~ ~ d ~ : ," ':. of Kitsap, State of"~,.~ ~.~~' ...? '.~ (SEAL) My commission expires: ~'"1~, 1~ Request of BR£M~TON TITLE CiD. NL~RGARET McPHER,SON, Kitsc~ Co, Auclitor ~' ...8- November 2~, 196~ John k. Gl££ord, Regional !iepreseuta~ive Lept. of ~ealth, Education & '~elfare Division of Surplus Property Utilization 505 Golden Sate Avenue, Room 202 San Franciscu B, California Dear ~r. Glfford: ~s requested in your letter of November 16, 1562, the Quit Clatm Deed conveying 1.02 acres, located at Shelton-Bremerton-Bangor Naval Railroad, has been fcc- corded with the Auditor of Kitsap County. Enclosed are the original ~nd one copy of ~he Certificate of Recordation certified to by Eargaret ~c~erson, County Auditor. The third copy has ~een retained for our files. Very truly yours, ~i.H.T. ~{cGowan, City Clerk cc: files// ~:~remerto , ¥~ashlngton ,~ter Supt. enc. i~o DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE Division of Surplus Property Utilization 305 Golden Gate Avenue - Room 202 San Francisco 2, California November 16, 1962 Honorable H. O. Domstad Mayor of the City of Bremerton Bremerton, Washington Dear Mayor Domstad: Enclosed is your completely executed duplicate original Quitclaim Deed dated Novgmber 15, 1962, conveying 1.02 acres of land and improvements located at the Sheltou-Bremerton-Bangor Naval Railroad. Please have this Deed recorded and furnish this office with two copies of the Certificate of Recordation. We are enclosing certificate forms for your use. Receipt is acknowledged of your warrant in the amount of $182.h0. Sincerely yours, ~ ' John P. Gifford i Regional Representative Enclosures cc: Mr. Griffin I, ~ ~ _, of the Office of the County Recorder of .the County of ~ _, State of "~'~--'-- , did receive on the ~ day of ~ 19~_, for filin~ and recordation, th~ following instrtmen%: I fur%her certify that the same has been recorded in Book ~.~_, (Title) IX-HEP-II DEPARTMENT Of HEALTH, eDUCATION, AND WeLFaRE Division of Surplus Property Utilization 305 Golden Gate Avenue - Room 202 San Francisco 2, California November 9, 1962 Honorable H. O. Domstad Mayor of the City of Bremerton Bremerton, Washington Dear Mayor Domstad: We are enclosing three copies of Quitclaim Deed form covering 1.02 acres of land and improvements, a portion of the Shelton-Bremerton-Bangor Naval Railroad. Will you please sign all three copies, have your signatures acknowledged before a notary public, and return all three signed copies, undated, to this office with remittance in the amount of $182.40 made payable to DHEW-SPU-P~GION IX. One duplicate original Quitclaim Deed will be returned to you for your records. Sincerely yours, ~ohn P. Gilford egional Representative Hnclosures CC: ~. Griffin