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.