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
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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
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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