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HomeMy WebLinkAbout7910220011 EXCISE TAX EXEMPT Fi ED FOR RECORD REQ. OF PIONEER NAT'L. TITLE INS. CO. N-WASH-665 81LUE EDER KIT~AP COU/(~ I~J~lJ~rdt AMENDED DEED SH=;<~.L KITSAP COUNTY AUOITOR DEPUTY WHEREAS, By Deed Dated January 23, 1964, recorded July 14, 1964, in the Office of the County Auditor of Kitsap County, Washington, Auditor's No. 825150 in Volume 808 at pages 665 through 669, and amended by Amendment to Deed dated January 23, 1964, recorded in the Office of the County Auditor of Kitsap County, Washington, Auditor's No. 839128 in Volume 823 at pages 162 through 164, the United States of America, by and through the Administrator of General Services, as Grantor, conveyed to the City of Bremerton, Washington, a municipal corporation of the State of Washington, as Grantee, certain land known as the NAD Park, subject to the reservations, exceptions, restric- tions, conditions, and covenants contained therein; and WHEREAS, Section 203(k)(2) of the Act of June 30, 1949, 63 Stat. 385, as amended, 40 U.S.C. ~ 484(k), authorizes the Secretary of the Interior, as to transfers to states for public parks, public recrea- tional areas, or historical monuments for the benefit of the public, to amend any such instrument by the execution of an amendatory instru- ment where necessary to conform such transfer to the requirements of applicable law; and WHEREAS, the Secretary of the Interior, acting by and through the Northwest Regional Director, Heritage Conservation and Recreation Service, has deemed it necessary to further amend the above deed to conform such transfer to the requirements of existing applicable law and particularly Public Law 91-485 and regulations and orders promulgated thereunder, the Grantee has concurred in the necessity of such amendment, and the Administrator of General Services has not disapprove~ such amendment after notice thereof was given as required by the above act. NOW, THEREFORE, the above deed dated January 23, 1964, including all reservations, exceptions, restrictions, and covenants contained therein, is hereby further amended to provide as follows: ~'" 7910220011 [[tlS7 539 THE UNITED STATES OF AMERICA, acting by and through the Secretary of the Interior, acting by and through the Northwest Regional Director, Heritage Conservation and Recreation Service (hereinafter designated "Grantor"), under and pursuant to the power and authority contained in the provisions of the Federal Property and Administrative Services Act of 1949 (63 Stat. 377), as amended, and particularly as amended by Public Law No. 485, 91st Congress, and regulations and orders pro- mulgated thereunder, for and in consideration of the perpetual use of the hereinafter described premises as and for public park and public recreation area purposes by the City of Bremerton, Washington, does hereby release and quitclaim to Grantee, and to its successors and assigns, subject to the reservations, exceptions, restrictions, condi- tions, and covenants hereinafter expressed and set forth, all Grantor*s right, title, and interest in and to that certain real property known as NAD Park, located in Kitsap County, State of Washington, and more particularly described in Exhibit A, attached hereto and by reference made a part hereof. TO HAVE AND TO HOLD the hereinbefore described property, subject to the reservations, exceptions, restrictions, conditions, and cove- nants herein expressed as set forth and as contained in Exhibit A, unto the Grantee, its successors and assigns, forever. RESERVING, HOWEVER, unto the Grantor all coal, oil, gas, and other minerals on said real property, together with the right to prospect for, mine, and remove the same under applicable laws, rules, and regulations prescribed by the Secretary of the Interior. It is agreed and understood by and between the Grantor and Grantee, and the Grantee, by its acceptance of this Deed, does ac- knowledge its understanding of the agreement, and does covenant and agree for itself, and its successors and assigns, forever, as follows: 2 Et187FR 540 7910220011 1. This property shall be used and maintained for the public purposes for which it is conveyed in perpetuity as set forth in the program of utilization and plan contained in the application dated April 9, 1963, submitted by the Grantee and accepted by tile Grantor on January 23, 1964, as modified by the m~endad program of utilization submitted by the Grantee on July 18, 1978, and accepLed by the Grantor on August 29, 1979~ which progr~n and plan may be further amended from time to time at the request of either the Crantor or Grantee, with the written concurrence of the other party, and such amendments shall be added to and become a part of the original application. 2. The Grantee shall, within six (6) months of the date of the deed of conveyance, erect and maintain a permanent sign or marker near the point of principal, access to the conveyed area indicating that tile property is a park or recreation area and has been acquired from the Federal Government for use by the general public. 3. Th~ property shall not be sold, leased, assigned, or other- wise disposed of except to another eligible governmental agency that the Secretary of the Interior agrees in writing can assure the con- tinued use and maintenance of the property for public park or public recreational purposes subject to the same terms and condition~ as contained io the original instrument of co~veyance, lloweYer, mottling iu this provision shall preclude tile Grantee from providing recreational facilities and services compatible with the approved application, through coucession agreements entered into with third parties, provided prior concurrence to such agreements is obtained in writing from the Secretary of the Interior. 4. From the date of this conveyance, the Grantee, its successors and assigns, shall prepare and submit biennial reports to the Secretary of the Interior, setting forth the use made of the property during the preceding two-year period, aI~d other pertinent data establishing its continuous use for the purposes set forth above, for ten consecutive reports, and as further determined by tile Secretary of the Interior. 7910220011 5. If at any time the United States of America shall determine that the premises herein conveyed, or any part thereof, are needed for the national defense, all right, title, and interest in and to said premises, or part thereof determined to be necessary to such national defense, shall revert to and become the property of the United States of America. 6. As part of the consideration for this Deed, the Grantee covenants and agrees for itself, its successors and assigns, that (1) the program for or in connection with which this Deed is made will be conducted in compliance with, and the Grantee, its suc- cessors and assigns, will comply with all requirements imposed by or pursuant to the regulations of the Department of the Interior as in effect on the date of this Deed (43 C.F.R. Part 17) 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 neces- sary 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 contractural or other arrangements with the Grantee, its successors and assigns, is author- ized 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 (b) furnish a copy of such agreement to the Secretary of the Interior, or his successor; and that this covenant shall run with the land hereby conveyed, and shall in any event, without regard to technical 4 7910220011 [ 11871 542 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. 7. In the event there is a breach of any of the conditions and covenants herein contained by the Grantee, its successors and assigns, whether caused by the legal or other inability of the Grantee, its successors and assigns, to perform said conditions and covenants, or otherwise, all right, title, and interest in and to the said premises shall revert to and become the property of the Grantor at its option, which, in addition to all other remedies for such breach, shall have the right of entry upon said premises, and the Grantee, its successors and assigns, shall forfeit all right, title, and interest in said premises and in any and all of the covenants, hereditaments, and appurtenances thereunto belonging; provided, however, that the failure of the Secretary of the Interior to require in any one or more instances complete performance of any of the conditions or covenants shall not be construed as a waiver or relinquishment of such future performance, but the obligations of the Grantee, its successors and assigns, with respect to such future performance shall continue in full force and effect. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed in its name and on its behalf this the~7"~day of UNITED STATES OF AMERICA Acting by and through the Secretary of the Interior ~/gional Directo~ / ~orthw~st RegionX.~ HL~C~ge Conservation and Recreation Service 7910220011 EEliSTF 543 5 STATE OF WASHINGTON ) ) SS. County of King ) ~ ~i~ p~efe~ ~E~L-~U~Y, ~9~e'~bb~f~°r~ ~e ~h~e subscriber, perso 1 p R 't n ~n to me to be the Regional Director, Northwest Region, Heritage Conservation and Recreation Service, of the United States Department of the Interior, a governmental agency of the United States of America, and known to me to be the same person described in and who executed the foregoing instrument as such Regional Director aforesaid, as the act and deed of the United States of America, for and on behalf of the Secretary of the Interior, duly designated, empowered, and authorized so to do by said Secretary, and he acknowledged that he executed the fore- going instrument for and on behalf of the United States of America for the purposes and uses therein described. ": Notary Publ~fin and for the State ~.t. ..' of Washingt6n Residing at: ' The foregoing amended deed, including all the reservations, ex- ceptions, restrictions, conditions, and covenants contained therein, is hereby accepted and the undersigned agrees, by this acceptance, to assume and be bound by all the obligations, conditions, covenants, and agreements therein contained. CITY OF BREMERTON :' ...... :' Glenn Jarstad, MAXell ~ STATE OF WASHINGTON. "') County of Kitsap ) On this /I~--N day of f£TTf/~£~ 19~_[, before me, the under- signed officer, personally appeared Glenn Jarstad, to me known and known to me to be the same person whose name is subscribed to the foregoing acceptance, who being by me duly sworn, did depose and say that he, Glenn Jarstad, is the Mayor of the City of Bremerton, Wash- ington, that he is duly designated, empowered, and authorized by Washington law to execute the foregoing acceptance and to sign his name thereto; and that he signed his name thereto and acknowledged that he executed the foregoing instrument for and on behalf of the City of Bremerton, Washington, for the purposes and uses therein described. BIll 187R 544 Notary Public in and for the ~t~t~ - 7910220011 of Washington Residing a~t ,, /.C,;-z -- N-WASH-665 EXHIBIT A The parcel of land lying in Sections 8 and 9, Township 24 North, Range 1 East, Willamette Meridian, County of Kitsap, State of Washington, more particularly described as: Beginning at the section corner common to Sections 8, 9, 16 and 17, 'fownship 24 North, Range 1 East, W.M., the True Point of Beginning of this descrip- tion; thence, North 88°45,$7'' West 1102.14 feet; thence, North 79°45,41'' West 207.71 feet; thence North 2°40,S4,, East 1188.14 feet more or less; thence South 88°45,57,, East 568.99 feet more or less to the southerly margin of Primary State Highway No. 21; thence,along said 'southerly margin South 44°19,18,, East 391.53 feet;, thence, South 60°19'18'' East 150.00 feet; thence, South 78~45'47,, East 550.44 feet; thence, South 74°50,28,, East 510.00 feet; thence North 26041'32'' East 30.00 feet; thence turn an angle of 90° to the right; thence to the right on the arc of a curve having a radius of 1282.5 feet, a distance of 243.08 feet, thence South 37°33,01,, West 70.00 feet; thence South 33048,09'' West 651.15 feet to the southerly line of said Section 9; thence North 88°58,16'' West along said southerly line a distnace of 375.00 feet to the point of beginning. TOGETHER WITH ALL improvements thereon and all appurtenances thereto. RESERVING TO the United States of America, its transferees and assigns, an easement for roadway purposes and for construction, operation, main- tenance, repair, removal or replacement of over~. head and underground utlity lines, upon, over and across a strip of land 60 feet in width, lying with- in the above described parcel of land, being 30 feet on each side of the centerline of the exixting Ausin Drive roadway described as: Beginning at the Section Corner Cum- men to Sections 8, 9, 16 and 17, Town- ship 24 North, Range 1 East, W.bl., thence South 88°56'1~'' East, a distance of 95.,00 feet to the True Point to be- ginning of this description; thence North · 1°12'33'' East a distance of 484.11 feet; ' thence North 32047'27" West a distance of 5?5.70 feet; thence North 0°06,33,, East a distance of 725 feet more or less. This roadway and utility line easement reserved to the United States of America may be terminated by Grantor such time as an alternate roadway for in- gress and egress and alternate route for relocating utility lines may be provided to serve the adjacent Government-owned land. 545 7910220011 United States Department of the Interior HERITAGE CONSERVATION AND RECREATION SERVICE NORTHWEST REGION SEATTLE. WASHINGTON 98174 tip :N-Wash-666C (1) N-Wash-666C (2) NW 100 . 9i5 Honorable Glenn Jarstad Mayor of Bre~erton 239 Fourth Street Bremerton, Washington 98310 Dear Mayor Jarstad: On March 4, 1968, the City of Bremerton acquired at 50 percent discount from fair market value 15 acres of the former Navy EastparkHoustng Project in Bremerton from the General Services Administration (GSA). On April 1971, Bremerton acquired an additional 17 acres of this property at 100 percent public discount benefit allowance under provisions of Public Law 91- 485 from the former Bureau of Outdoor Recreation (BOR), the predecessor of the Heritage Conservation and Recreation Service. In July of 1978, you submitted to us proposed revised programs of utilization for each of these properties to reflect changes in the City's plans since they were initially acquired. However, before we could approve them, we were required by law to give GSA the opportunity to object to their approval. On September 1, GSA did register an objection to our approval of the new On February 8, 1979, GSA did remove its objection to our approval of the 17-acre parcel (N-Wash-666C(2)) provided the City complete the proposed improvements by April 4, 1981, an~ also advised that the proposed program for the 15-acre site (N-WasH-66C(1)) was still under study. Subsequently, on August 15, GSA removed any objection to our approval of the new program for the latter property except for the 0.5 acre containin~ a water reservoir which it requested be reverted to the United States for noncompliance or that we allow the City to abrogate; that is, purchase out the other 50 per- cent interest in that portion of the property. The purpose of reviewing this is to establish that you now have a new approved program of utilization for both of these parcels of the former Navy Eastpark Housin~ Project. As we interpret the program for the 15-acre site bordering the hospital, it does appear that it indicates parking in the general location which has been proposed by hospital officials, We would interpret this to mean that you could proceed with parking in this location as discussed in the meeting with Pit. Malbon of this office and hospital 2 officials on October 3 without gettiu~ further approval of this Service or GSA. However, we do request that you provide us the opportunity to review the site plan and provide comments before you proceed with actual construc- tion. The fact that the water reservoir is still a matter of contention need not cast a cloud over the official action of approval of the new programs for the r-m-inder of the properties. The other point we wish to establish is that in our initial negotiations with you and Mr. Foley in 1978~ we conditioned our approval of the programs for these ~wo parcels at the Navy Eastpark Housing Project to be partially in consideration of the City's willingness to execute an amended deed to the 4l-acre parcel (N-Wash-665) comprising the NAD Park. Therefore~ our approval of the progr~s for the Eastpark properties is conditioned to the City executing an amended deed ~uaranteeing recreation use in perpetuity for the NAD Park property. Should you have opportunity to discuss this with GSA officials, you may wish to point out that the public is obtaining a substantial equity in the NAD Park property which the City otherwise could dispose of as it wishes after completion of the first 20 years of satis- factorily using it for park and recreation purposes. Once we have received a copy of the duly executed and recorded amended deed for the 42-acre parcel~ the programs for the Navy Eastpark Housing Project can be officially considered approved with the exception of resolving the water reservoir question. Sincerely yours, Maurice H. Lundy Regional Director cc: Ray Foley, Supt. of Parks, Bremerton Robert Theroux, Grants Adm., Bremerton United States Department of the Interior HERITAGE CONSERVATION AND RECREATION SERVICE NORTHWEST REGION aEpt_v ~E~n TO: SEATTLE. WASHINGTON 98174 SP: N-WASH-665 NW 100 CERTIFIED MAIL - RETURN RECEIPT REQUESTED The Honorable Glenn Sarstad Mayor of Bremerton 239 Fourth Street Bremerton, WA 98310 Dear Mayor Jarstad: We are pleased to inform you that the ~mended program of utilization for a portion of the former Bremerton Naval AmunltionDepot, which you submitted for approval to this Service on July 18, 1978 is approved, subject to the City executing an amended deed to the property ~uaranteelng public recreation use of it in perpetuity. This property consists of 42 acres and was purchased by the City of Bremerton at 50 percent public benefit discount allowance on January 23, 1964. It is now commonly referred to as NAD Perk. Under provisions existing at that times the City was required to use the property for public park and recreation purposes only for a twenty year period° However, you had previously indicated that the City Council was willing to execute an amended deed 8uaranteeing such use in perpetuity as a consideration of this Service's approval of amended program of utilization. Therefore, there is enclosed the original and one copy of the amended deed° Please sisn both, have your signature notorized on both, and then return the copy to me with the recordation data, including the date recorded and the file references indicated. Because of the delay in securing the concurrence of the General Services Ad- ministration in this matter, the development schedule included in the amended prosram of utilization is somewhat outdated. We are, therefore, revising the schedule to add on one year incrament to the dates indicated; that is, work indicated for "May 1978 through May 1979" should be corrected to read "May 1979 through 1980", etc. 2 Your cooperation and patience in this matter is most appreciated. The property will be inspected biannually to determine the City's compliance with the amended program. Once we receive the duly executed copy of the amended deed, the amended program of utilization will then be officially approved. R~g~o~] Direc t~r~ Enclosures cc: Raymond Foley, Superintendent w/o enclosures Dept. of Parks & Recreation Robert Theroux, Grants Administrator w/o enclosures City of Bremerton Harold Hansen - GSA w/o enclosures .AMENDMENT TO DEED TH~B IlqDENTUR~ between the ~ STATES OF A~C~ ~c~g ~ ~ ~Y O~ B~RTON, a m~l c~ra~on ~ the State ~ ~E~: By ~Mtcl~ D~d dated.as ~ 3~u~y 23, 196~ receded I~ 1~ 1964 ~r Au~t~'a No. 825150 g Volm'~ 808 at hge 665 of Deed ~c~dm ~Map C~, Wa~o~ aa more p~c~ar~ descried ~'s~d dee~ A n~ber ~e~ c~cer~g ~e uae ~ ~e prope~y were ~p~ed ~au~t ~ ~e S~pl~ ~ A~ ~ ~44 (58 ~aL .765). aa ~ ~c~ as ~ended by ~c ~l may, ~ ~e ~ea~d twenty (30) ya~ ~lo~ ~ ~ow~o ~ted Gr~tee fr~ ~ c~rent m~ket v~ue ~ ~ .... .... ~a~ ~ be at ~e rate ~ five percent (5%) f~ each ~od twolYo ~2) mon~ ~ o~a~ ~ acc~d~ce wi~ ~e ter~ ~ ~e ~em~ %wen~ (20) ye~ ~rl~ ~e Ore,me may. at ~e ~ ~ ~e ~et~y ~ ~e ~%~r. b~ mubJect to the ~a~r~ ~e ~ f~ emergency ~e as set fo~ ~ ~e ne~ auccee~n~ ~a~a~ ff ~e ~et~ ~te~nea ~at ~e ~o~rty a~ght to be ~od no ~ a~es ~e ~o8e f~ whA~ l~ was ~sferre~ ~ : ~ ~at ~ ~ ~e ~o~r~ ~ferred to tt be released f~ ~-operty. &e determh~ed h,y t~l ~=~tor. b~sed u~n ~t, ~hest ~d bOAt ~e at ~e ~e such release is requeate~ less ~e sum p~d r~ ~e o~d pro,rOy by ~e Gr~tee when ~ s~d ~o~rt2 ~erred ~ ~) ~ ~e GrUel r~uest, ~at a posen of ~e pro~ . . ~ ~ m~ey ~ ~e ~r~ d~er~me, to be appr~riate ~ue~eba~ ~e~e~dbe,tuae. ~ ~e ~%e ~e '-~'~'~ ' ' ~k ~ ~ r~ I~]ect to lu~ c~ve~ce re~Xc~on,. ~d ~ ~e ~O~y ~ch ~ to be rele~ed ~om ~e c~vey~e ~ ~ ~ ~ ~e ~e r~er~ced deed ~ rem~ ~ged ~ ~ ~0~, ~e ~ea h~o bare ~auaed -,_~,~ . ~: ~ ~ ~o~ ~e "?':I .. · . "-'.:".'-.. .... ' ' .- '~ O~ ~ -:- ' ~2..'"r'~ : ~ ~~ ~ ::::' ~ : j' , ::.. ...f. · ~~ .... ~-, . . . "' ' '-- '~-~" ' -:: -a- - -.: ITAT~ OF WA~IlNGTON) . CO~Ty OF ~G ~ ~' ~d to me ~o~ to be ~e ~d~ desk.ed ~ ~d ~o exec~ed f~ ~t ~d ~o ~r ~ stated ~at he was d~ ~w~ed ~ delegated ~ ~e A~at~ ~ Gener~ ~e~lces to exec~e ~ ~ent ~ ac~owled~ed ~e f~e~o~g ~t to be ~ free ~d ) ~ ~ m ~o~ to be ~e May~ ~d ~ ~ res~ve~, ~ ~e c~p~a~ ~at ~ IIh'ITED IST&?~RS OF A~u'm~IC.,A, aatinf by ~d ~ ~e ~ ~ ~040 Can ~ 377~ u ~e~e~ ~d ~ 8~ua ~ A~ ~ 1944 (88 ~ ~8~ u ~ende~ ~ ~c~ u ~e~ed bz ~ ~w 8~ ' ~8~I4 feet bls; ~ ~ 88~3~" E~ 58~ 90 fe~ m~ ~ ~ m~d m~ m~ ~ 44~9J~'~ h~ 39~ B3 feo~ ~l N~ ~60~3~'t E~ 30, 00 fee~ ~encl %~ ~ ~ ~ r~ ~ 128~ O fe~ a ~'~e ~ 24~ 08 ~e~; ~uc. ~ 370 ~ ~ m~ f~ r~dw~ ~omem ~d f~ c~u~ : '" ~ ~ ~, r~ ~ re~t ~ ~hi~- ~- -"~- . - l0 f~ ~ ~ ~ ~e dem~ed ~el ~1--~ b~I B~the ao=epfAu~e or +]~- deed ~ran~ee core--Me ~d a~eas f~ ltse~ : ~ ~y ~be c~-,~ ~ed ~d m~d u ~df~ ~b~ p~k ~d ' ' ' ':: ~d ~ ~ c~ ap~ m~ed ~ ~ee to ~ d~ed A~ 9, J . ~ a~h~e~' ~ . ~ ~ F~ a ~ ~ twe~ (~0) ~ ~om the d~e ~ ~l c~y~ [~ " ~ ............... 1 Iii ..... ' ~ ~ ~ tw~ (30) ze~s ~ ~e date ~ *~- o~ ~ ~e } ~ ~ b ~t~ ~ , Ten do~. a~ ot~ vguable eonside~atim~ ~ e~, ~t~ ~ ~ County of ~XT~ e ~te M w~: 8Ltu~ Act ~ 1949 (83 Stat. 317), mJ amended, tad the Sm*plus Pl*opetoty Act ~ 194~ (~8 Stet. T~S), nmertlnafim shall be at the rate ~f five pereent (5~) fGr each completed twelve (1~) medho ~f epetntlon f~ ae~ordane~ vith the ,erms ~f trnnare~ and (b) tpwovnl ~ the Grtnto~ nholl have the rlfht du~inf tho existence ~f nn~ nstlonal em~fu~ declm'ed b~b P~edde~t ~the Unfed ~ ~r ~t,M~co, e~ the Ceafl'e~ po~iod e~ mh~h u~e, ff o~eur~ wltldn & period ~f twe~ (~0) ~m~s ft~om fha dn~e d ~bis~ rw~he entre cost er real--the ~. o~on21xrttea~. ~o ~ and ~ l~Y afatr r,~l f~ the m ~ ~ny ~ ~' f~rueturef ~nleh have been ridded thereto without Federal ni~ PttOVIDEDo HOWEVEIt. tb~t l~ such uso b I.~lUl~l dt~ b ezpdl.~u of a pe~*Sod ef twent~ (20) ~8s~s f~.om b d~e ef tM, eonveyanee, o~ Gttntee hen seeuFed b abt*egetien of tho c~F. dtti~ fmboequent, to~ rental for the entire ~ of ~xe FT~per~, so used. UATI~D STATF.~ OF A~'ERICA Adminlstret~ ~ ~ ~ Chief. Rent ~operty ~lvlfh~ ttmzat~n and ~tsp~d Service (GSA SEAL~ -4- .... fl~! R~{~ert ~ou.~as Green ..... ~ d Feder~ Way ~ INDE~TUHF~ be4mn %he UI~ITED ~w ~ ~ ~m. ~:~ ~ ~e pr~sions set ~ed t~l~ (12) m<~ ~ ~ b ~ f~ emerg~ ue an net ~ C~ Is! V. L..Ba_~n.es .... ,, _.. ~f . /m/ Glenn K. Jarstad /Is/ E.H.T. McGowan, /,S! l~,ober~,,?u~las Green , (.~ot~ia~ Seel) Wmddn~toa, x~esl~mf at ~'~ ~f~y STATE CF · COUNTY OF 4DO~ Kenneth C. :Flint ~ ~ Bremerton QUITCLAIM 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 (58 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 ngton,of the the CITY OF BREM~RTON, a unicipal corporation State of (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 descri~[~ty located in Kitsap County, Washington: Approxi,~t~ es situated in the County of Kitsap, State of Washington, ~,r-i~d 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 ~kk~/~/~ 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" f East, 80.0 feet; thence, turn an angle of 90~ 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 beginning. TOGETHER WITH improvements located thereon, if any. AND A parcel of land in the Southeast ¼ 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 Section 1297.38 feet, to the Northwest corner of the Northeast ¼ 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 distande of 476.49 feet; thence 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, to the point of beginning. TOGETHER WITH improvements located thereon, if any. 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 Admirdstration for disposal pursuant 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 acceptance of this deed Grantee covenants and agrees for itself, and its transferees and assigns, as follows: '~ ~ 1. The p~ertv shall be foreve~an~4nuou~U~ed~h~a~d-~ alxd ...... r public park and pu~~'o~at ~3~purpoSes, in accordance with the approved program of utilization attached hereto as Exhibit "A" and made a part hereof, o. 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. That (1) the program for or in connection with which this deed is made ~ be conducted in compliance with, and the Grantee, its successors and assigns ~ 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- regulations; (3) the Grantee, its successors and assigns v/ill 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 (b) furnish the original of such agreement to the Secretary of the Interior, or his ~uccessor, 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. 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, aH 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. It is further provided that this deed is made and accepted upon the fo]lowing 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 shah 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 101-6.2) issued under the provisions of Title ltl 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, aH 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 aH of the tenements, hereditaments, and appurtenances thereunto belon~n~, 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 shah not be construed as a waiver or relinquishment of future performance ~hereof, but the obligations of the Grantee, its successors and assigns, with respect to such future performance shah 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 shah 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 ~' fair rental for the entire portion of the Property so used. vo 87 I IN WITNESS WHEREOF, the Grantor has caused these presents to be executed as of Febmlary 15, 1966. ,', ' ~ - ~ UNITED STATES OF AMERICA /~ - f~' "' Acting by and through the · Administrator of General Services --:- :-:- ----- Chief, Real Property ~ ao~.~,,~aAw'°" ~ f Property Management and Disposal Service STATE OF WASI-ILNGTON) ) ss COUNTY OF KING On day of before the ndersi ed, a Notary Public in and for the State of Washington, personally appeared to me knovfn to be the ~ Chief,' Real Property Division, Property Management and Disposal 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 acknowledged the foregoing instrument to be his free and voluntary act and deed, acting for and on behalf of the Administrator of General Services, acting for and on behalf of the United States of America, for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate above written. ~,% '-':s~ ' -:' ' 5~Notary Public in and/~r the ~te of k~ :~:~U.~,,, ~:~ Was~on, resi~g at Federal Way .?"...: ~. ~ :., -5- Application for Public Park~ public Re~reati~nal'~rea ' :' , ,* T~Oe g ~IT A ~ : ~,' PR~'I OF UTILI~TION ~' Narrative Statcmcnt ~tlinin9 ~istin9 Facilities and the Need ~d Intended Use of t~ Pr~grty ~lied ~or Pa~ ~ ~crcatio~l Use. 1, ~istln9 Facilities. ~e City of Brcmcrton~ whose current population is approximately 39sO~ has approxiaate~ l~h acres of land designated for park and recreation use .-' ~hich is considerably below the recognized st~d~ds for park and recreation areas ~d municipalities. Included in the l~h acres currently o~ed and maintained by the City of Br~erton arc four nrep.~ totaling approximately 11.2 acres ~hlch a~ designated as playg~unds ~d two areas t-dth a combined acreage of 26.~ acres classified aS playfields. In addition, 'the City has a ~niclpal ball park approximately six acres In size with a permancnt seating capacity of 2,2~0. ~e ~ove ~entioned recreation areas ~d facilities . ] are augmented by an additio~l 80 acres of playgr~nds and playfiel~ owned by the Br~erton ~hool District ~d utilized by the City Recreation ~tment for progr~ pu~oses th~u~ a fine wo~in9 agreement in reg~ds ~ joint use of facilities with the ~hool District. ~e City off Bremerton currently has four ~reas designated as parks fo~ a ' co~bi~d acreage of lO,A, one, ~ergreen Park, consisting of flve acres of , .. waterfront property in the center of the con, unity. ~is pa~ is the site of the municipal swirling pools a large picnic area, ~se 9arden~ boat . . . .., launching rarap, ~d a battery ~ !~ lighted horse shoe courts. The park is l~ated in a highly conc~trated residential area, ~d although it t~es the brunt of ~e p~llC use for park pu~oses, It Is entlre~ inadequate from ma~ sta~points - lack of size ~d inade~ate pafl~in9 facilities. ~e second area designated as park is Fores~ ~dge Park, app~ximately 20 located in a heavily ~pulated residential area. ~ls pafli provides picnic areas~ nature ~rails~ and an arbore~. ~e area~ al~hough heavily used~ is also inad~a~e in size. ~ ~hird ~rea~ $~vens ~on~ consfs~in9 o~ ~pproxlaately a? acres~ Is a ~od~d area~ ~nd as yet unflev~loped~ priaarily ~e to uneven ~opograp~ involved. The ;[ourth ar~a~ ~o~onl~ kno'~ as Par~ h~ acres in siz% ~s r~ly purchased ~ouah..~he 6¢neral A~inis~r~Mon ~d is currently beln9 d~eloped by Lhe ~rk ~e areas bein9 spplled for arc i~za..1) located; bcln9 adjacen~ ~o and on opposite sides o~ th~.hl-~cr~ N~ ~a~i;~ ~d i~ ~cq~tre~ ~ill brin9 ~o~al park acreage up to,~h acres. Both ~he original h~ acres ~d ~h~ ~o ne~ areas bein~ a~li~d for ~ been incorporated in~o an overall d~wlop~in~ pl~ ~d are attac~ed to this a~licaMon~ ~e arcas ~e ideal~ located in respects to a~cessibill~y~ bein9 se~ed by an extstin9 3-1~e ~e drtvin~ ~i~ ~ ~he e~r~e ~osi~e side o~ the City ~ould be con- vO 871 16 Page 6 servatively 15 minutes, making it possible for people of all age groups to take advantage ~f the posslbi lities the area presents f~r passive ~d active . rccreatton. ~c areas, 'thecefore~ a~e vc~ desirable for ~eir intended use. ~e topo~r~ ~s suoh that t~ a~zas c~ be utilized fo~ ~y proDr~.ms, nature tra~ls, an arboretum, archery, p~cn~c area, ~d ~cnernlly provide the c~tizc~ of Brcmerton w{th an ~po~bun~ty to ~et a~y fro~ noise and ru~h of the c~ty and ~Joy contact w{th natu~. ~e areas heavily wooded with significant stanfl? of ~at.ure ~ugl~s Fir, ~dar~ ~d 'be developed alon~ ulth the o~ig~a~ h:~ acres and in accorda~e with~he ab~eU dcvel~,enb plan. - 3, ~ilitv to FinaDzz~ ~c~ate, and Ma~ntatn ~ert~. ~l~_~by~ of D~emc~on Park and ReCl'Catlon $cpartn]en~'s operatin9 bud~e~ for 1965 :s $110,~15.96, sl~sht!y bcl~%~ avcrzg: fo~ clt. ie~ of size in thc State of hn~hlngton. %2ithlr, t~ frapcworh of the current budge~ ~e ~rk D~artmcnt's ye~-~und staff consists of a supeFintcndcnt~ a r~crcat[on director, u p~k for~,t~ four mainbeaance m~ ~nd 9roundskeeper$~ a secretnDy, and a buildln~ ~/tcnd~nt. ~ addition, the ~m'ha~t mploys several part-time people to maintain tt~ parks a~ recreation areas. It contemplated that t~ ~rk ~d ~creatlon Dc~rtment~s budfe[ will considcr~ly increased for the year of 19~ and t~t sufficient fun~ be allotted to prop~ly develop the two areas beln9 applied for in conjunction with t~ original h2-acre area. ~e City's population ~s increased several t~uu~d d~n9 th~ pa~t ye~ as d~termlned by a special census taken April, 196~, ~d it is ~tictpated t~%.th~s increase ~n population make it posslblc to budget more money for the Park ~d ~creatlon ~rtmcnt's ope~tion in 1966. It is felt that if ac~ltion of the properties materializes that it will be maintained ~d d~elop~d in~ ve~ Satisfactory maker, ~n accor~c$ with ~e acc~ted standar~ ~d alons the lines sho~ on bhe d~elopment pl~'. ~. Unregtrlcted U~e. U~estrlcted use is ~aranteed u~er ~tstlng City of Br~e~n Ordi~ce ~191, %:hlch is an ordl~e ~latlng to the care, govemment, control~ supe~islon, and operation of ~blic parks. ~e ordinate i$ known Park ~de of the City of Breme~n, ~d provldes for the unrestricted use of the ctty,~ p~lic parks ~d playflelds by all p~ples regardless of natlonallty~ race, sex, creed, ahd re'~idence within the limitation of the laws of T;ashlngton S~ate. ~e p'rogr~ of utll~zatlon may be amended from ttme-~-time at ~e of eit~r the off,o:' or the ~ver~ehf., with ~e wrltt~ concurrence of the other p~ty, ~d t~ such ~en~ts Shall be added to ~ become a The name, table, and mddrcss of ~h¢ person whom inquiries conccrnlnD ~h~ progrzm are ~o be addressed As as ~mdrc~ Pcnd~rDast, Supcrin~¢ndcnb Departmcn~ o£ ParI~ and R~'crca~lon B~x 2016,'Sheridan Park ~ation Bremer~on, .I'hshin~ton ' "": ~" ~ ¥ ~iTY HALL .......... , ;,,',b',L 9'5310 ~urc~u off Outdoor ~ecreatic~ Sspte~ber, l~en~lon~ }~, /lslns ~creati~ Plmr in refercnce ~ ~ site pl~ t~t ~ s~itted along vith t~ City of Offertories ~ppll~lon for t~o ~to~ ~ su~lus 1~ at th~ Bre~n ~ of t~ Onit~ ;~s Iln~l ~nitio~ D~t~ Ban0or~ Brea~ton~ ~ashin~on~ list~ u~er he site pl~ s~ltted inco~or~tes tha o~lginal h~ acres ~quircd ~ t~ City f Brener~n f~ tho ~eral ~lCe A~inlstration on J~ ~ 1~ bas~ pon an a~lication s~tted ~ril 9~ 1~53~ ~ a~ended. n loc~ln9 ovor the slt~ pla we ~te t~ ~ere =~ be so~a ~stlon in o t~ fac~ t~ tha n~ sits p~ a~s to c~gc s~e of t~ ch~rncteris~lcs ~lch ~ra inco~o~ted into the orlgl~l sits pl~. ~e ~lsh to a~uro o~ev~r~ th~ th~ ort~lnnl a~a ac~l~d rill be geveloped strictly ~lon~ 3 ~o, 1. ~ thc ~erall site plan entitled e~creatlon Shel~r; 'B~lp~ant ~ter~,, ctc.~ is t~ sa~e u t~t s~ on t~ origI~1 sit~ p~n ~d~r note ]~ ~nd ~ntitled ffC~unity Picnic ~ea vi~ ~n~ral ~kin~ ~lli~les;~ and [11 be d~veloped as ~ is on~ d~viation fro~ the original site pl~ In t~t v~ ~v~ p~vlded for ~r~ p~kino aras ~ t~ c~t~l picnic or activ~ us~ area t~n ~as ~ th~ ort~l~l site p~n ~r no~ ~B~. In adatl~ ~ lure provld~d :a~ of ingress ~d eorass ~ ~ central picnic ar~ ~h~re ve ~i~t ~c~ :avlc~t us~. You will ~t~ t~t this ~ accc~lish~d by p~vldln~ .an for a 1~ =yo~ ~e~by a~lles ~ ~lve In t~ ~min entranc~ ~avc by the ~ln entree vlt~ut encoun~rln~ undue c~aestion In th~ ~rkin =lncc~ly ~ t~t the l~o~ation ~o~ will be of help ~ you in = ~ppltcation-to a~lre t~s~ ~rtio~ ~ t~ Br~=~n ~nex of t~ ~tzS Na~l ~nltion ~t~ ~; Br~erton~ ~:asMn~ton~ listed ~ ~ntrol R%. N-~, 65~ ~d ~WA~i. ~ in the to~l ~t of 12 =c~s~ ~ or l~ss~ ~t we a~ a~ln~ for fo~ p~k ~d recreatlo~l ~nt ~ Pa~s ~d R~c~ation ....... :~", v. ,',SH. PROPOSED DEVELOPMENT PLAN The program of utilization as submitted by the City of Bremerton as a part of its 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 maintenance access roads that will connect with those in the existing city park. The easternmost parcel (GR-Wash-665) will have a service build- ing, picnic circles, roads, trails, and parking. A caretaker resides on the existing park which lies between ~he ' two parcels under application. vo 874 20 QUITCLAIM DEED The UNITED STATES OF AMERICA, acting by and through the Secretary of the Interior, acting by and through the Northwest Regional Director, Bureau of Outdoor Recreation (hereinafter designated "Grantor"), under and pursuant to the power and authority contained in the provisions of ~he Federal Property and Administrative Services Act of 1949 (63 Stat. 377), as amended, and particularly. as amended by Public Law No. 485, 91st Congress, and regulations and orders promulgated thereunder, for and in consideration of the perpetual use of the hereinafter described premises exclusively as and for public park and public recreation area puxposes by the City of Bremerton, a political subdivision of the State of Washington (hereinafter designated "Grantee"), does hereby release and quitclaim to Grantee, and to its successors and assigns, subject to the reservations, exceptions, restrictions, conditions, and covenants hereinafter expressed and set forth, all Grantor's right, ~ title, and interest in and to that certain parcel of real property, -1 consisting of approximately 3.79 acres known as a portio~of the ~ Arsenal Way to Chico Highway Right-of-Way, located in Ki_~sap County, State of Washington, and more particularly described i~ Exhibit "A", attached hereto and by this reference made a part he=eof. TO HAVE AND TO HOLD the hereinbefore described property, subject to the reservations, exceptions, restrictions, conditions, and covenants herein expressed and set forth unto the Grantee, its successors and assigns, forever. ~ESERVING, HOWEVER, unto the Grantor all coal, oil, gas, and · -~ Other minerals on said real property, together with the right to prospect for, mine, and remo%,~ the same under applicable laws, rules, an~ regulations prescribed by the Secretary of the Interior. Pursuant to authority contained in the Federal Property and Administrative Services Act of 1949, as amended, and applicable rules, regulations, and orders promulgated thereunder, the General Services Administration determined the property to be surplus to the needs of the United States of America and assigned the property to the Depart- merit of the Interior for further conveyance to the Grantee. It is agreed and understood by and between the Grantor and Grantee, and the Grantee, by its acceptance of this Deed, does ac. knowledge its understanding of the agreement, and does covenant and agree for itself, and its successors and assigns, forever, as follows ~ 1. This property shall be used and maintained exclusively for the public purposes for which it is conveyed in perpetuity as set forth in the program of utilization and plan contained in the appli- cation dated April 30, 1975, submitted.by the Grantee and accepted by the Grantor on May 16, 1975, which program and plan may be amended from time to time at the request of either the Grantor off.Grantee, with the written concurrence of the other party, and such amendments shall be added to and become a~p.a, rt of the original application. 2. The Grantee shall, within six (6) months of the date of the deed of conveyance, erect and maintain a permanent sign or marker near the point of principal access to the conveyed area indicating that the property is a park or recreation area and has been acquired from the Federal Government for use by the general public. 3. The property shall not be sold, leased, assigned, or othe~- w~e disposed of except to another eligible govern.mental agency that the Secretary of the Interior agrees in writing can assure the con- tinued use and maintenance of the property for public park or pnblic recreational purposes subject to the same terms and conditions as contained in the original instrument of conveyance. However, nothing in this provision shall preclude the Grantee from providing related recreational facilities and services compatible with the approved application, through concession agreements entered into with third parties, provided prior concurrence to such agreements is obtained in writing from the Secretary of the Interior. · -4. From the date of this conveyance, the Grantee, its successors and assigns, shall prepare and submit biennial reports to the Secretary of the Interior, setting forth the use made of the property during the preceding two-year period, and other pertinent data establishing its ~ontinuous use for the purposes set forth above, for ten consecutive reports, and as further determined by the Secretary of the Interior. 5. If at any time the United States of America shall determine that the premises herein conveyed, or any part thereof, are needed for the national defense, all right, title, and interest in and to said premises, or part thereof determined to be necessary..to such national defense, shall revert to and become the property'-of the %~ited States of America. 6. As part of the consideration for this Deed, the Grantee covenants and agrees for itself, its successors and assigns, 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 regulations of the Department of the Interior as in effect on th~date of this Deed (43 C.F.R. Part 17) 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~°f said regulations; (3) the Grantee, its successors and assigns, will promptly take and continue ~ ~ake 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 con- tractual or other arrangements with the Grantee, its successors and assigns, is a~thorized to provide services or ~enefits under said pro- gramw 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 ~pon the Grantee, its successors and assigns, by this covenant, and (b) furnish a copy of such agreement to the Secretary of the Interior, or his successor; and that this covenant shall run with the land hereby conveyed, and shall in any event without regard to technical classifi- cation 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 ~nforceable by the Grantor against the Grantee, its successors and assigns. -. 7. In the event there is a breach"of any of the conditions and covenants herein contained by t-he Grantee, its successor-~and assigns, ~hether caused by the legal or other inability of the Gran%ee, its successors and assigns, to perform said conditions and covenants, or otherwise, all right, title, and interest in and to the said premises shall revert to and become the property of the Grantor at its option, which, in addition to all other remedies for such breach, shall have the right of entry upon said premises, and the Grantee, its successors ~ assigns, shall forfeit all right, title, and interest in said premises and in any and all of the covenants, heredit~ments, and appurtenances thereunto belonging; provided, however, that the failure of the Secretary of the Interior to require in any one or more instances 4 complete performance of any of the conditions or covenants shall not be construed as a waiver or relinquishment of such future performance, but the obligations of the Grantee, its successors and assigns, with respect to such future performance shall continue, in full force and effect. IN WITNESS WHEREOF, the Grantor has caused these presents to be UNITED STATES OF AMERICA Acting by and through the Secretary of the Interior By ~orthwest Region ~ Bh~a~o~ Outdoor Recreation STATE OF WASHINGTON ) County of King ) this before me, the subscriber, personally appeared MAURICE H. LU~DY, to m known and known to me to be the Regional Director, Northwest Region, Bureau of Outdoor Recreation, of the United States Department of the Interior, a governmental agenc~ ~f the United States of America, and known to me to be the same person described in and who executed the foregoing instrument as such Regional Director aforesaid, as the act and deed of the United States of America, for and on behalf of the Secretary of the Interior, duly designated, empowered, and authorized so to do by said Secretary, and he acknowledged that he executed the foregoing instrument for and on behalf of the United States of America for the purposes and uses therein described. Notary Public iD/and for the state of Washington ~si~ing at: P~rsuant to the authority cf a resolution dated April 9, 1975, the foregoing conveyance is hereby accepted and the undersigned agrees, by this acceptance, to assume and be bound by all the obligations, ~onditions, covenants, and. agreements therein contained.. City of Bremerton, a political subdivision of the State of Washington City of gremerton~ ATIEST: ANDREW PEN~ERGAST, / i~f&~ ~ S~. Ci~ Clel%k S~perintendent of Pa~9~ and l~ecreation City of Bremerton STATE OF WASHINGTON ) ) ss. County of Kitsap ) On this /~;7'~ day of //;~A~ , 19~, before me, the undersigned officer, personally appeared GLENN K. JAP~TAD and ANDREW PENDERGAST, to me known and known to me to be the same persons whose names are subscribed to the foregoing :acceptance, who being by me duly sworn, did depose and say that he, GLENN K. jA~STAD, is the Mayor and that he, ANDREW PENDERGAST, is the Superin- tendent of Parks and Recreation of the City of Bremerton'~"a political subdivision of the State of Washington, and that they signed their names thereto and acknowledged that they executed the foregoing instru- ment for and on behalf of the City of Bremerton, a political subdivision of the State of Washington, for the purposes and uses therein described. N~,.ary Public in and for the S~ate of Washington Residing at: ¸4" .. EXHIBIT A The following is a legal description of property being assigned to 'the Bureau of Outdoor Recreation for conveyance to the city of Bremerton for park and recreational use, known as a portion of the Arsenal Way to Chico Highway Right-of-Way, Bremerton, Washington, GSA Control Number GR-Wash-586B, being three parcels of land situated in Kitsap County, Sta{e of Washington, m~,re particularly described as: Tract !: That' portion of the l~orth~est quarter of the Southeast quarter of Section 16, Township 2h North, Range 1 East, W. M., described as ~foll~ws: Beginning at a concrete monument set at the intersectiOn of the southerly right ':. of way line of Kitsao Way (formerly Primary State Nighws~ No. 21 - 100 feet .. w~de) with the westerly right of way line of Arsenal Way (h0 feet vide), as 'said right of way lines were located on February 29, 1960; thence South 2h° ~0" West along sai~. -;esterly right of way line ].00.78 feet to the true potn~ of · beginning; thence continuing along said right of way line South 22° 2h' h0" West i' ~20.2h feet; thence North 16° 26' 57" West 120.07 feet; thence North 1° 21' 56" · . ~lest 292.03 feet; thence North 20° 12' 58" East 35.00 feet; thence North 89° 38' ~.. 3~# East 178.h9 feet; thence South 15~ 03' 12" East 73.99. feet to the true point t ~f ~eginning. ~. . . ~bJec~' ~o a twenty (20) foot easement for sewer heif~ ten (10) feet each side of the follc~#ing described line; begin at the true point of beginning of said Tract '~ . X, thence South 2h° 2h' LO" West h20.2h feet; thence North 16° 26' 57" West 11~0.07 feet; thence North 01° 21' 56" West 60.6 feet and the true point of be- . ginning for this exception; thence North 69~ h6' 0h" East 8.6 feet;~:thence North ~ ~7' 02" East to the westerly side of J~rsenal Way that has a bearing of South " 1~~ 03' 12" East and the end of this exception. Tract II: .-. That portion of the East half of the Southwest quarter of Section 16, Township ~ North, Range 1 East, W. 1~., described as foll~s: ~ Beginning at a concrete monument set at the intersection of the southerly right of way line of Eitsap Way (formerly Primary.. State Highway No. 21 - !00 feet vide) '~-l%h the westerly right of way line of Arsenal Way (~ feet wide), as said right oi' way lines were located on February 2~, 1960; thence South 24° 22' 20" West along said westerly right of way line 56~.B1 feet to a concrete mOnument; thence. ~outh ~ ~7' 20" East along said right of way line 2~9.78 feet; thence leaving said right of way line, from a semi-tangent which bears North LB° 35' 20" West, along a curve to the right having a radius of 1727.10 feet an arc distance of 125.~0. feet; thence North 81° 5~' 00" West hl0 feet to the true point of begin- ~lg; thence South 81° 55' 00" East 80.00 feet; thence North 22° 1~' F~t 200.0~ feet; thence North ~1° 3~' h3" West 196.B3 feet; thence South ° ~ 22' 17" West 16.h8 feet to the point of curve of a~curve to the right having a radius of 218.13 feet; thence alon~ said curve through a central angle of B2 ~' 22" an arc distance of 2~0.70 feet to the westerly boundary of the Qualheim ~iar Housing Project; thence South 12° ~8' ~6" West along said boundary 182.11 feet; thence Sou~h 32° 12' 00" East 78.90 feet; thence South 76° 12' 00" East · . ~O~.00 feet to the true point of beginning. : Tract That portion of the Northeast quarter o~ the Southwest quarter of Section 26, Township 24 North, l~nge i East, W.~., described as follows: Beginning at a concrete monument set at the intersection of the southerly righ~ Of way line of Kitsap Way (formerly Primary State Highway No. 21 - 100 feet wide ~th [he westerly right of way line of Arsenal l~y (40 feet wide), as said right of way lines were located on February 29, 1960: thence South 24° 24' 40" West along said westerly right of way line 565.31 feet to a concrete monument; thence ~outh 9' 57' 20" East along said right of way line 499.78 feet; thence leaving said right of way line from a semi-tangent which bears North 43' 35' 20" West, along a curve to the right having a radius of 1747.10 feet an arc distance of 128.50 feet; thence North 81" 55' 00" West 410.00 feet; thence North 76' Wast 200.00 feet; thence North 32" 12' 00" West 78.90 feet to the westerly boundary of the Qualheim War Housing Project; thence North 12" 38' 36" East along said boundary 347.08 feet to a concrete monument and the true point of beginning; thence South 85" 30' 59" East 151.26 feet; thence South 31" 35' 43" East 17.17 feet; thence South 63" 24' 17" West 7.73 feet to the point of curve of a curve to the right having a radius of 318.13 feet; thence along said curve through a central angle of 31" 00' 48" an arc distance of 172.17 feet to said westerly boundary of the Qualheim War Housing Project; thence North 12" 38' 36" East along said boundary 64.18 feet to the true point of beginning. The bearings given in the above described Tracts I, II and III are based upon a meridian which bears 1° 21' 27" East of the Washington State Department of ~ghways meridian. EXCEPT that the grantee herein, its successor~ or issigns, sh'~ll have no right Of ~ngress and egress to, from and betwee~ said SR 3 a~d the iand~herein conveyed; nor shall the grantee herein, its successors or assigns, be entitled to compensation foz any loss of light, view and air occasioned by the location, construction, main- .ten'nee or operation of said highway. EXCEPT that there shall be reasonable access to and from said Tract I and Arsen~ Way southerly of Kitsap Way and there Shall be reasonable access to and from said T~acts ii and III and the DC3 Line right of way of SE 3, Arsenal Way to Chico, the ~P3 Line right of way of said Highway and the .HB3 Line ~ight of way of said Highway. UNITED STATES ' DEPARTMENT OF THE INTERIOR HERITAGE CONSERVATION AND RECREATION SERVICE NORTHW~..~i REGNDN (206) 442-470~ ~ 5 S~COND AV~NUF-. m4. ggo ,~.ATI'LF.. WA.~HII~-TO~ ~174 1003-03 GR-WASH-665 (2) m~lOO JUL The Honorable Glen Jarstad Mayor of Bremerton 239 Fourth Street Bremerton, Washington 98310 Dear Mayor Jarstad: We are pleased to advise that the General Services Administration has withdrawn any objection it previously had to our approval of the new Program of Utilization for the former Federal suplus property now known as NAD Marine Park. You submitted this proposed revised program in July, 1978. It is now officially approved. Because of the delay in securing the concurrence of the Genral Services Administration, the dates indicated in the Program of Utilization should be adjusted to add a period of time to equal the delay that has been experienced in securing the 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 program. Your cooperation in this matter is appreciated. Sincerely ~ou~ cc: Ray Fo ley, Superintendent ~gt°~'irect°~'~ ~ Department of Parks and RecreatiOn P.O. Box 2016, Sheridan Park Station Bremerton, Washington 988310 Bob Theroux, Grants Administrator JUL 2 :~ 1980 COUNCIL UNITED STATES DEPARTMENT OF THE INTERIOR HERITAGE CONSERVATION AND RECREATION SERVICE NORTHWEST REGION (206) 442-4706 915 SECOND AVENUF~ RM, SEATrLt~ WASHINGTON 98 $ 74 SP :N-WASH-665C GR-WASH-665(1) I'~0V g 1979 i The Honorable Glenn Jarstad Mayor of Bremerton 239 Fourth Street Bremmrton, Washington 98310 Dear Mayor Jarstad: We are pleased to advise you that GSA has removed the previous objections that it had interposed to our approval of the amended program of utilization for two small portions of NAD Park. These are: GR-WASH-665(1) 7 acres February 15, 1966 N-WASH-665C 5 acres February 15, 1966 These two small parcels are on either end of the larger parcel of NAD Park. Because of the delay in securing GSA concurrence in this action all references in the development schedule in the new program should be corrected by increments sufficient to adjust for the delay between July 18, 1978 and November 2, 1979. These dates are signifi- cant because they establish the time in which certain work is to be performed by the City in order to keep the properties in compliance. This approval action is completely independent of the conditional approval of August 31, 1979, for the larger portion of NAD Park. As stated in our letter of August 31, approval of that is subject to the City executing an amended deed for that property which would gua~a, ntee recreational use in perpetuity. That portion of NAD Park, consisting of 42 acres, was conveyed on January 23, 1964. The regulations applicable at that time required that the grantee maintain the property in park and recreation use for only a period of 20 years. The two parcels that we are approving by this letter were conveyed after 1965 and are already committed to recreational use in perpetuity. Sincerely, e H..Lu R~nal D~re ct o~_~ N,., ¥ .-,o 1979 CITY OF BREMERTON D. June 21, 1979 Inter-office Communication To.. ~.°. ~.. ]~ a. r..s..~ ~..d.. L. ~:_h..~.~.~.. ~! .e_i.g.s. ................................ From ..... ~?~'...~..~..e .r ~... ~ .a_~..cl..i..o. .......................................... Subject .......I~..A~....~k...p.~ ~p.~.r. Ky ................................................................................................................................... The attached map shows the 54.1 acres of NAD property. Parcels A & B are part of the Deed for 12.1 Acres to be forever continuously used for public parks and recreation. Parcel C is 42 acres covered by the other Quit Claim Deed and Amended Deed attached. This property shall be used for public parks and recreation for a period of 20 years from the date of the Quit Claim Deed - January 23, 1964. If the proposed Fire Station is within the 42 acres it appears that after January 23, 1984 there would he mo problem with GSA. Please let~e/k~you need further information. City Clerk 0 UNITE9 ST~-TE OF AH£~ICA 2659 QUIT C~I, OEED A~R~LS) 1971 ~EG, AT CO~CRE~E NONUNENT AT CENTER OF SEC. ...... · .TH S 87-52-56. E 100' to ~EEL12F~I896 GENERAL SERVICES ADHINISTRATION QUIT C~IH DEED DATED AUGUST 1, 1967 AUDITORIS NO. ~ ~1~/~ LOTS 21, 22, 23, 24 AND THE EAST HALF OF LOT BLOCK ~9~ PLAT OF THE TOWN OF BREHERTON. THE WEST 6 FEET OF LOT 47 Arid ALL OF LOTS 48, 49, ANO ~0~ BLOCK 14 ETC. ALL OF LOTS 1, 2, ~ AND 4, ~LOCK 14 ETC. 266~ UNITED ST~,TES OF A~E~ICA AUG. 1, 1967 QUIT CLAIM DEED ALL OF LOT 21, 22, 25, 24 & E~ Or 25, ~LOCK 19, PLAT OF BREMERTON ....... ALL OF LOTS L: 2, 3, ~, BLOCK 14 VOL898PG114 UN21~D STATES OF AMERICA Bz~a~ez, ton, Town of Lot 21, 22, 23, 26 & E 1/2 of 25 Quit Claim DeedAug. 1, 1967 Vo1898pgll~ From: Kathy IdcClus~ey To: Henry, Chmte Date: 7/13/00 2:27PM Subje=t: Contracts Som~me i~ the next w~ek or two ~ you review the following contracts to determine if we are bound to the cua, e~ use by the Navy (GSA) for Infinity or if there is a clause such as "after 30 years the property mey be used for ~my propose'. YMCA pll;~aly ag~amlent with Navy (not with Y) NAD Pa~k property Tennis Corers out by Fire Station near Westpark Fire stakm prope~y (near Westpark) These are MI agreements with the US Navy or General Services Administration.