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HomeMy WebLinkAbout887039 (~UITCLA.IM 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 (56 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 con- sideration of the sum of Eleven Thousand Seven Hundred Dollars ($11, 700. 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: Approximately 12.1 acres situated in the County of Kitsap, State of Washington, described as follows: Commence at the Southwest corner of Section 9, Township 24 North, Range 1 East, W.M., thence, run South 88° 58' 16" East along the Southerly line of said Section 9, a distance of 375.00 feet to the true point of beginning; thence, North 33° 48~ 01" East 651.15 feet to the southerly margin of Primary State Highway No. 21; thence, southeasterly along said southerly margin on an arc of a curve to the right having a radius of 1212.5 feet, a distance of 465.53 feet; thence North 59~ 33' 09" East, 80.0 feet; thence, turn an angle of 9(P 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 line of said Section 9, a distance of 850.74 feet more or less to the point of b e gin nih g. TOGETHER WITH improvements located thereon, if any. AND 1 A parcel of land in the Southeast ¥ of Section 8, Township 24 North, Range 1 East, Willamette Meridian, Kitsap County, Washington; commencing at the center of said Section 8, thence South 88° 36' 48" East, along the East-West center line of said 1 Section 1297.38 feet, to the Northwest corner of the Northeast ¥ of the Southeast ¼ of said Section 8; thence South 02° 44' 33" West, along said subdivision 422.39 feet, to the point of beginning; thence (from a tangent of South 12° 05' 51" East) on a curve to the left, having a radius of 1607.5 feet a distance of 476.49 feet; lhence North 60° 55' 04" 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, lo the point of beginning. TOGETHER WITH improvemenls located thereon, if any. The Proper~y was duly determined to be surplus to the needs and require- ments of lhe United States of America and was assigned to lhe General Services Administration for disposal pursuanl to authority contained in the Federal Property and Administrative Services Act of 1949, as amended, and applicable rules, regula- tions and orders promulgated thereunder. By the acceplance of this deed Grantee covenants and agrees for itself, and ils 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 purposes. 4. Thai (1) lhe program for or in conneclion 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- vo 87 l 12 regulations; (3) the Grantee, its successors and assigns will promptly take and continue to take such action as may be necessary lo 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 Granlee, 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 lo technical classification or designation, legal or olherwise, 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 Orantor'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 regulations of the General -3- vo 87 1 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. 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 (2 0) 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 February 15, 1966. ..~ ~f~., · UNITED STATES OF AMERICA ~- ~ ~. Acting by and through the ~ ~ · Administrator of General Services ~. ~,~ ~ ~ ~ ~ ~,~ ~ ~c ~ ~ Chief~ Real Property ~vision ~ ~ ~'"~ ~ ~ ~'~ ~" ' Proper~ ~anage ment and Disposal Service STATE OF WAS~NGTON) ) ss COUNTY OF ~NG On 1966, before lhe undersized, a Notary Public in and for to me kno~ %o be lhe ~~ Chic%~ Real Property ~vision, Properly Management and ~sposal Service, General Ser~ces Ad~nistration, Re,on 10, and to me kno~ to be lhe in~vidual described in and who executed ihe foregoing instrument and who under oalh stated thai he was duly authorized, empowered and dele~led by the Ad~strator of General Services to execule %he said insirumenl and acknowledged the foregoing inslrument to be ~s free and voluntary act and deed, acting for and on behalf of lhe Ad~isiraior of ~neral Services, acting for and on behalf of the United States of America, for the uses and purposes therein mentioned. ~ ~TNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in ibis certificate above written. '~ ~ '~ ~ ~ ' ot ry Public in and~r the ~te of ~ ~? ~ ~ ' '~ ~.~ ~" Washin~on,~ res~d~n~___ ~ at Federal ',,,, ~ lAS?5~' '5- GENERAL SERVICES ADMINISTRATION  Region lO Auburn, Washington 98002 IN REPI. Y RE~'I~R TO' 1 0D~ ·Certified Mail - ,Return Receipt Requested Honorable Glenn K. Jarstad Mayor of Bremerton Bremerton, Washin~on Subject: Porlion Bremerton Annex U.S. Naval Ammunilion Depol, Bangor Bremerion, Washin~on N-Wash-665C and GR-Wash-665 Dear Mayor Jarstad: Transmitted here~th is executed ori~nal Quitclaim Deed and A~eement dated as of February 15, 1966, whereby the Untied States of America, acting by and through lhe Ad~nisiraior of General Services, conveyed the described property, subject terms and con~tions set out lherein, to lhe City of Bremerton, Washin~on, for public park and recreational area purposes, in consideration of cash payment of $11, 700· 00. Sincerely yours, V. L. Barnes ~.~/ Acting Chief, Real Property i Division, Property Management ,.~ ~ and Disposal Service Enclosure SF_.P 141966 ,ep Freedom in Tour Future With U.S. Savings Bonds Application £or Public Park~ Public Z~eci'eational Area PaGe ~ F~ {IDIT A , P~OG~I OF UTILIZATION Narrative Statement Outlining ~tstin9 Facilities and the ~eed ~d Intended Uo~ of the Property ~plied for Paf~ and ~creatio~l Use. 1. ~istin~ Facilities. ~e City of Brc~erton, whose current population is approximately 39,O~, has s, pp~oximately 154 acres of land designated for park an~ recreation use which is considerably below the recognized s~%d~ds fop park and recreation areas ~d municlpal~t[zs. Included in the 1~4 acres currently o%m~d and ~a{ntained by th~ Cit~, of B~aerton a3c: ~our areas totalinG approx[r, ately 11.2 acres which are designated as pluy9~ounds Pnd two areas ~-,ith a combined acreage of 26.5 acres classified as pl~yfields. In addition, 'th~ City has a municipal ball park approximately six acres in size with a permanent seating capacity of 2,250. ~e ~ovz ~entioned recreation areas ~d fac[lities are auG~entcd by sn additional $0 acres of playgrounds and playfields owned by the Brem~rton ~hool Distr~ct ~d utilized by the City Recreation ~tment for program pu~oses though a f~ne wo~in9 agreement in re9~ds to joint use of facilities with the School District. ~e City of Bremerton currently has four areas designated as parks fo~ a combined acreage of 1OtA~ one, ~erGrc{~n Park, consisting of f~vz acres waterfront property in the cznte~ of the con,unity. ~is park is the site of the ~unicipal s~;'~.in9 pool, a large picnic area, rose Garden, boat 1P. unchtn9 ramp, and a battery of IS lighted horse shoe courts. The park is l~atcd in a highly concentrated residential area, ~d although it takes th~ brunt of ~e p~lic use for park pu~oses, ft is entire~ inadequate from many standpoints - lack of size ~d inade~ate parkinG facilities. second area designated as park is Forest ~d9e Park, a~ximatcly 20 aorcs, located in a heavlly populated residential are~. ~ts pa~{ provides picnic areas, nature trails, and an zrbore[,~. ~e area, although heavily used, is also inade~at~ tn size. A third area, Stevens ~yon, cons[stln approximately 27 acres, is a ~oded area, and as yet ~developed, primarily due to uneven topoGrap~ involved. Thc :~ourth area, commonly knov,~ as ~' Park, ;$2 acres in size, ~s recently purchased t~ouGh, the General A~inistration ~d is currently. being developed by the Park Department. ~e areas beinG applied for are [dcaT. l¥ located~' beinG adjacent, ~o and on opposite sides of thz, 42-acr~ NAD f~:l'~;, and if acc~ired will bran9 th~ total park acreage up to 54 acres. Bo~:h bhe original ];2 acres ~d the ~wo new areas bein9 applied fo~ hav~ Deen incorporated into an overall development pl~ ~d are ~ttached to this a~lAcation. ~e areas are ideal~ located in respects to accesstbilft~, beth9 served by an existing 3-1~e highly. The driving time f~m the e~e ~posite side of the ~f%y would be con- · ,,ppllc._~zcn for Public Path, Public Rccrcatic. nnl P~¢ 6 t~ke adv~tagc ~ the possibilities ~he area presents for passive ~d ~ctiv¢ recreation. ~c areas, therefore, a~e vc~ desirable for th~i~ intcndcd us~. Thc toposrapl~ is such tbut t~ ~r?as c~ bc utilized for ~y c~ptn~ progr~s, nature trails, an arboretum, archery, picnic area, and provide thc citircns of Drc~,~rton with ~n opportunity 5o ~ct at:ay fror;~ noise ~nd r,~h of the city and ~3oy contsc~ with nature. ~c areas are heavily wooded with siu~i~icant .~..qn]r of ~Lure ~uSlas Fi~, ~d~r, ~d other trees nntive to thc ~rcn. ~ bi,o ?rop(:rL1cs nr~ mcquired thc~ will bcd. cvclopcd alon~ w~th th~ or~9~ul ~ acr~5 und in aocorda~ with a~.cd dcvc l~r. cn~ ~%c City of ~rcmc~on ?ark and Recreation Da~ar~manL's operat, in~i bud~e~ for 1965 'is ~110,216.96, slijht!y ~e~o;; :~vcr:'.s: fur ci~.ie~ of ~izc in thc Saatc of %'.ns~n~t~n. '"'~in ibc "-~ , - ~. c%.ork of thc curl-tnt budge~ the ~rk Dcpa~t~.;cnt's ye~-~und ~aff conzi~t~ of ~ ~upcrintcndcnt, a ~crcn~bion director, ~ p~k for~.t~, four maintcm~ncc m~ ~nd 9round,keepers, 5 sccr~ta~3, and a buildlno ~ttcnd~nt. ~ ~dditlon, thc ~parbn~ cmploys ~cvcr~l part-tim~ people to m~tnta~n it~ parks a~ recrcntlon areas. It :ontc~pla%ed %hz~ t~ ~rk and ~ore~tlon Department's budge~ will b~ ;onsidcr~bly increased for the year of 1)6~ ~nd that sufficient fun~ cmn b~ allotted %o properly develop th~ two araas being =ppliad for in conOunoLion ~iLh thc original h2-acre ar~. ~e City's population ~s increased several ~hou::mnd d~in9 ~h~ past year as d~tcrmiaed by a ~pcclal c~nsus taken in ~prtl, 1~6~, m'~d it i~ ~ttctpated k~.this incre~ in population ~akc it possible to budDe~ more money .fo~ th~ Park ~d R~cr~a~ion ~par[mcnt's ~pc~tion in It is felt that if ac~l~itton of th~ prop~rti~s materializes that Dc maintained ~d d~veloped in a ve~ ~ati~f~ctory m~er, in accor~c~ ~ith Utc ~cc~Ttcd st~ndsr~ and alonD th~ lines shown on the d~lop~ent ~. Unrestricted Use. Um'astricted use is ~arante~d u~r ex~stinD City of Br~e~n Ordin~c~ ;~2191, which i~ an ordi~ ~latins to the care, Dove~ment, ~upe~ision, and operation of public parks. ~e ord~nanc~ is knn%,n ~s ~ ~ark ~d~ of th~ City of Breme~on, ~d provides for the unrestricted us~ the city,s p~lic parks ~d playflelds by all peoples reoardless of nationality, ~cc~ sex, creed~ a~d re's{dence w~thin the l~mit~ion of the laws of %~ashinston ]~c progr~ of utilization may be amended from t{me-~-time at ~e requesb :f citer the offeror or thc ~ver~ent, with ~ wrttt~ concurrence of the ~ther party, ~d that such ~en~mts Shall be added to ~ become a par~ ~f the original p~ of utilization. for Publfc Park~ l~bllc R¢¢rcutional Area IM na~¢, tit, lc, and address of t,M person ~hoa t~irl~s conccrnin9 ,rogrm ~e ~o be addressed is a~ ;~dr~ Fand~ga~ S~crin~cndcn~ ~par~n~ of Park~ ~d B= 2016, S~ri~ P~k Station Brz~r~on~ l'~shing~n ureau of Outdoor R¢cr~atica Sspt~be~ 16~ 10 ~urthous¢ ~9 Ilar1 l~nunl~lon Dapo~ Ban~or~ 9~ea~on~ }~hin~on~ listed u~er ~ sl~ ~la s~l~et fnco~or~e~ ~ha ot'tpin~l h~ acres acquired by ~ htch vcr~ tnco~omted into the oripi~l site plmn. t~e ~lsh to a~uco o~ev~r~ tha~ th~ orlplnal area acquired ~111 be d~veloped strictly alon~ incs as shotm on th~ original site plan fo~ the h~ acres. ~ area s ito. 1. ~ thc ~rall site plan entitled "~cre~bl~ Shel~r; E~lpman~ atcr~" crc., Is t~ sa~e ~ t~t shc~ on t~ origin1 st~e p~n ~r note B'~ and ~ntitled "Co,unity Picnic ~ea vl~ ~n~ral ~kin~ F~ili~16s." and l 11 b~ developed as s~e. l~re is one d~viation from the oripinaX site pl~ in t~t we ~ve. p~vided for orr p~kin~ arcs ~d t~ c~n~l picnic or active use area t~n ~as sho~ n thc ortol~l site plan ~r no~ "B". In ad~tt~ ~e l~ve provided cans o~ insteps ~d egress ~ ~e central picnic ~r~ ~here v~ ~i~ eavicst us~. You will ~ta t~b this ~ acconplt~h~d by p~vldtn~ In thc lan ff~r a 1~ sy~ ~e~by au~oblles ~ ~lve in t~ ~min entranc~ and cave by the ~in en~ra~e vlt~ut encoun~rlna undue c~pesticn in the ~ stnc~ly ~p~ b~t the i~ation ~o~ ~lll b~ of help ~ you tn ur application' to ac~lre t~s~ ~rtio~ ~ tho Br~er~n ~nex of t~ ~re or less, ~t ye a~ a~i~ for for p~ ~d cecrea~lo~l p~osos. ~~nt ~ Pa~ ~d R~creation ~AGE PROPOSED DEVELOPMENT PLAN The program of ulilization as submitted by the City of Bremerton as a part o£ ils application 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 n~aintenance access roads that will connect with those in the existJ~g city park. The easternrnost parcel (GR-Wash-665) will have a service build- ing, picnic circles, roads, lrails, and parking. A caretaker resides on lhe existing park which lies between the two parcels under application, o