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
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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
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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