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HomeMy WebLinkAbout995067 QUITCLAIM DEED The I~ITED STATES OF ~RICA, acting by and through the Secretary of the interi~r~ acting by and through the Northwes~ gional Director, Bureau of ~tdoor Recreation, under and pursuant to the power and authority coutained i.n the provisions of the Fed- eral P~operty and Ad~ninistrative ~ezvices Act of 1949 (63 Stat. 377], as amended, and particularly as amended by P~ lic Law 485, 91st Congress ~ and regu]atic,~s and orders ~_o~a~., ~ o~ ~'~'a~ thereunder (herein- after'desiguated "Grantor")} for and in considaracion of tke per- petual use of the heroinafte;' described premises as and for public park and public recreation area purposes, by the City of Bremerton, a municipal corporation, located in Kitsap County, State of Wash- ington (hereinafter desi~al:ad "Grantee")~ does hereby release and quitclaim t(~ Grantee, and to its successors and assigns, subject to the rese%wations, excep~ions~ restrictions, conditions, and covenants hereinafter e~..~.es~.ed and set forth, al! Gran~or's rlght~ title, and in~erest in and to that certain tract of real property designated Area "A," consistf~ng of approxiulRtely 17~6 acre~, ]coated in County~ St3te ef Washington~ and more particularly de~crzoed in Exhibit "A~" attached hereto and by referenc~ made g part hereof. TO HAVE AND T0 HOLD the hereinbefore described property, subject to the reservations, exceptions, restrict ions~ conditions, and covemants herein expressed and set forth unto the Grantee~ i~ successors aud assigns, forever. RESERVING, HOWLER, unto the Grantor all coal, oil~ gas~ and other minerals on said real Froperty, together with the righ~ to prospect for~ mine~ and remove the same under applicable laws~ rules, and regulations ['~rascrJbed by the Secretary of the Interior. Pursuant to authority contained iu the Federal Property and Administrat:.ve Services Act of t9Z~9~ as amended~ and applicable REEl 12F 1859 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 Department 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 acknow- ledge its understanding of the agreement, and does cover~nt and agree for itse]f~ and its euccessors and assi~s, forever, as follows: 1. This property shall be used and ~intained for the public purposes for which it was conveyed in perpetuity as set forth in the program of utilization and plan contained in the application dated Jannary 8, 1971, as eupplamented on January 14~ 1971, submitted by the Grantee and accepted by the Grantor on January 25, 1971, which program and plan may be amended from time to time at the request of either the Grantor 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 poin~ of principal access to the conveyed area indicat- ing that the property is a park or recreation area and has been ac- quired from the Federal Government for use by the general public° 3. The property shall not be sold, leased~ assi~!ed, or otherwise disposed of except to another el%gible governmental agency that the Secretary of the Interior agrees in writing can assure the continued use and maintenance of the property for public park or public recreational purposes subject to the same reruns and conditions in the original instrument of conveyance. IIowever, nothing in this provision shall preclude the Grantee from providing related recrea- tional facilities and services compatible with the approved applica- 2 EE['i2F 1890 tion, 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 suc- cessors and assigns, shall submit biennial reports to the Secretary of the Interior, setting forth the use made of the property during the preceding two-year period, a r~ other pertinent data establish- ing its continuous u~e for the purposes set forth above, for ten consecutive reports and as further determined by the Secretary of the Interior. 5. The 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, to the full unrestricted possession, control~ and use of the premises, or any part thereof without charge; provided the Grantor shall bear the entire cost of maintenance of all property so used° 6o 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 suces-' sots and assigns, will comply with ail 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.Ro 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 provi- sions of said regulations~ (3) the Grantee, its successors and assigns~ will promptly take and continue co take such action as may be necessary to effectuate this covemant; (4) the United States shall have the right to seek judicial enforcement of this covenant, an.5 (5) the Grantee, its successors and assigns, will (a) ob~ain from e~ch other person (a~f legal enci~y) whu, ~hrough 3 contractual or other arrangements with the Grantee, its successors or assigns, is authorized to provide services or benefits nnder said program, a written agreement pursuant to which such other person shall, with respect to the services or benefits which he is author- ized to provide, undertake for himself the same obligations as those imposed upon the Grantee, its successors and assiglm, by this cove- nant, 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 re- gard to technical classification or designation, legal or otherwise, be binding to the fullest extent permitted by law and equity for the benefi~ of, and in favor of the Grantor and enforceable by the Gran- tor against the Grantee, its successors and assigns. 7. In the event there is a breach of any of the comditions and covenants herein contained by the Grantee~ its succeseors and as- signs, 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 prem- ises shall revert to and become the property of the Grantor at iCs option, which in addition to all other remedies for such breach shall have the right of ~ntry upon said premises~ and the Gra~ltec, its successors and assigns, shall forfeit all right, title and inter- est in said premises and in any and all of the tenements, heredita- ments and appurtenances thereunto belonging; provided, however, that the failure of the Secretary of the Department of the Interior to require in any one or more instances complete performance of any of the conditions or covenants shall not be consgrued as a waiver or relinquishment of such future performance, but the obligations of the Grantee, its successors and assigns, with respect to such future perfo~nance shall continue in full furce and effect. 4 IN WI%~ESS WI{EREOF, ~he Grantor has caused these presents to be execnted in its name and on its behalf this the ~ day o, ~Y~ED STATES OF ~RICA Acting by and through the Secretary of the Interior Acting Regional ~irector Northwest Region Bureau of Outdoor Recreation STATE OF WASHINGTON ) County of me, the subscriber, personelly appeared E, E. ALLEN, to me known and known to be the Acting Regional Director, Northwest Region, Bureau of Outdoor Recreation, of the Uuited States Department of the Inter- ior, a governmental agency of the United States of America, and known to me to be the same persen described in and who executed the foregoing instrument as such Acting Regional Director aforesaid, as the act and deed of the United Sta~es of 2~erica, for and on half of the Secretary of the Iuterior, dnly desi~ated, emp~ly~ed,i,,,,, ~ and authorized so to do by said Secretary~ and he acknowled~%h~t~,, he executed the foreooh, g i~trumen~ for and/on behalf o~ ~ha States of ,~erica, i or thepurposes an~, us~/there~ d~iib~: .¥~',~0. The foregoing conveyance is hereby accepted and the under- signed agrees, by this acceptance, to assume and be bound by all the obligations, conditions ~ covenants, and agreements therein contained, The CITY OF BREYtEP.TON, a municipal ATTEST: corporation, located in Kitsap County, State of Washin~ ~) :~t.~ON-, SR. ,~i~y Clerk , ~f ~'t 5,~ ,,', STATE OF WASHINGTON ) County of Kitsap ) the undersigned Officer, personally appeared Glenn Ko Jarstad and Amdrew Pendergast, to me known and known to me to be the sgme persons whose names are subscribed to the foregoing acceptance, who beipg by me duly sworn, did depose and say that he, Glenn K. Jarstad, is the Mayor, and that he, Andrew Pendergast, is the Superintendent of the Depzrt~n~nt of Parks and Rec~eation of the City of Bremerton, Washing- ton~ that they are duly de~oignated~ empowered, and a~horized by a resolution adopted by the City Council of the City of Bremerton, Washington, on December 30, 1970, to execute the foregoing accept- ance and to sign their names thereto and that they sigaed th~+. ~ names thereto and acknowledge that they execute~ the ~orego~nm~ ~n-~~ '.~ at ,~)~ ~ 'o ~ ..... --<':- 6 eet '12Ei1894 ~;. Seco~:~ary Hi,away No~ A'..~ ,~[~.,.~' Vast z63o2Z .... ~. e - ~:,o~..~ Ro Jones ' ~au~ of %he sidew~k on a cu~e %0 the P~gh% o~ _.u ....... ~ ~ ......... 72~06 t.hence ..... ~' -':' %r~c' ~'<~c ~,~" ' '~:~c' C"~t~"!rlmm'bOTM ]-~o~ I~uest of PIONEER ~AT'L. TITLE INS. CO. D, THEODORE WRIGflT, Kitsap County Auditor ~ I{EE'i2B1896 QUITCLAIM DEED AND AGREEMENT -'~ The UNITED STATES OF AMERICA, acting by and through the Adminis- trator of General Services, under and pursuant to the powers and authority con- tained in the provisions of the Federal Property and Administrative Services Act of 1949 (63 Stat. 377), as amended, and the Surl~lus 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 d~signated "Grantor"), for and in consideration of the sum' of Fifteen Thousand Five Hundred Dollars ($15~ 500.00) and in further consideration of the continuous use and mainte- nance of the hereinafter described premises as and for public park and public rec- reational area purposes, by the CITY OF BREMERTON, a municipal corporation of the State of Washington, (hereinafter designated "Grantee") does hereby convey and quitclaim to Grantee. and to its successors and assigns, all Grantor's right. title and interest in and to the following~idescribed property located in Kitsap County. Washington: Beginning at a concrete monument at the center of Section 12, Township 24 North, Range 1 East, W. M., thence North 89° 00~ 48" West 1285.61 feet to a concrete monument and true point of beginning. Thence South l*~ ~55~ t0" West 1970.21 feet to a point on the northerly boundary of State Se.o~mlary Highway No. 303; thence along said northerly boundary of state Secondary Highway 303 South 46° 41' 40" East 426.02 feet; thence N®rth 1° 597 40" East 2256.78 feet; thence North 89° 00T 48" West 320.08 feet t~ a concrete monument and true point of beginning, containing 15.5 acres mere or less. SIfSJECT TO easements granted by the United States of America as follows: 1. Easement for public road purposes to the State of Washington, dated 3 November 1943. 2. Easement for public sidewalks to the State of Washington, dated 20 April 1944. 3. Easement for transmission lines and down guys to Puget Sound Power and Light Company, dated 28 February 1946. 4. Easement for transmission line .to Puget Sound Power and Light Company, dated 17 April 1946. 5. Easement for street, roadway and sidewalk purposes to City of Bremerton, dated 23 October 1945. ~e 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 Administration 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, arid its transferees and assigns, as follows: 1. The Property shall be forever continuously used and maintained as and for public park and public recreational area.purposes, in accordance with the approved program of utilization attached hereto as Exhibit "A" and made a part hereof. 2. ]~iennial reports shah 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 the 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. In the event there is a breach of any of the conditions and covenants herein contained by Grantee or its transferees or assigns, whether caused by legal inability to perform said conditions and covenants or otherwise, all right, title and interest in and to all of the Property, including tenements, hereditaments and appurtenances, shah revert to and become the property of Grantor a~ Grantor~s election. 5. 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 regula- tions of the General Services Administration as in effect on the date of this deed ~41 CFI{ 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 regulations; (3) the Grantee, its successors and assigns will 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 assiffns 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 shah, 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 successor, upon his request therefor. This covenant sb~_ll 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. It is further provided that this deed is made and accepted upon the following condition subsequent, which shall be binding upon and enforceable against the Grantee, its successors and assigr, s: The program for or ~n connection with which this deed is made shall be conducted in compliance with, and the Grantee, its successors and assigns shall comply with and shall require any other person (any legal entity) who through contractual or other arrangements with the Grantee, its successors or assigns is authorized to provide services or benefits under said program to comply with, all requirements imposed by or pursuant to the regulations of the General Services Administration as in effect on the date of this deed (41 CFR Subpart 101~8.2) issued under the provisions of Title VI of the Civil Rights Act of 1964, and the Grantee, its successors and assigns shall promptly take and continue to take such action as may be necessary to comply with this condition. In the event of any breach of this condition, regardless of the cause of such breach, all right, title and interest in and to the above described property, in its then existing condition, including all improvements thereon, shall revert to and become the property 'of the United States upon demand made in writing by the Secretary of the Interior, or his successor in function. In the event of any reversion under this deed, the United States shall have the immediate right of entry upon said property, and the Grantee, its successors and assiens shall forfeit all right, title and interest in said property and in any and shall take such action and execute such documents as may be necessary or required to evidence transfer of title to such property to the United States. The failure of the Secretary of the Interior, or his successor in function, to insist upon complete performance of any condition in any one or more instances shall not be construed as a waiver or relinquishment of future performance thereof, but the obligations of the Grantee, its:successors and assigns, with respect to such future performance shall continue in full force and effect. Grar~or 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 TI-IAT Grantor shall be responsible during the period of such use, if occurring within a period of twenty (20) years from the date of this conveyance, for the entire cost of maintaining the Property, or any portion thereof, so used, and shall PaY a fair rental for the use of any installations or structures which have been added thereto without Federal aid; and if such use is required after the expiration of a period of twenty (20) years from the date of this conveyance, Grantor shall pay a fair rental for the entire portion of the P~,operty so used. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed as of March 4, 1968. '~'.' UNITED STATES OF AMERICA ~ .~,~....~.,.. . Acting by and through the .~.?,. , ,~ ~, - ~\ Administrator of General Services . .- z '"'-~ ~ -~ t Chief, Real Property Division '- '~' · - ·'--' / Property Management and Disposal Service STATE OF WASHINGTON) ) ss COUIFTY OF KING ) On this ~. ~ ~ day of ~ 1968, before the undersigned, a Notary Public in and for the State of Washington, personally appeared ~/ ~_ ~ , to me known 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. ,:k~,~-'~ 3'-" ~' ': · ~.. .... ~ .. . o ary ubli State of £.~,. ~,~,~ ~'~.. ~,-~.,;' "~'~' ~;~,l,,, ~ "-", ;.._ ~ ;; Washington, residing at Federal Way · ,. ,' ~, r.,,l~'~ .. !,' .~J~A~ST^O PARKS AND RECREATION Penderl~st SHERIDAN PARK ESll~ 3-~571 BRE~,~RTON, WASH1NGTOf u~dent 5bTPIE}~.~f #I TO O2IO~]~AL OFt.~R TO P~.CNf~S~~ Pi{~OPE}?fY FOR PU~L!C PA?.K Of{ PUBLIC t~CR. Et~'fiO:~ F~q~3, SUBkq~T~7~ ON !'~.Y 27, i966, BY T~ CiTY 0F ES~TON, · o. Genera! ~e~.ees A~i~tr~tior~ J~. M~., 1967 Aubm'n, }~shh~.on 9~2 Re: ~levi:.ed ~!b!t A 1, ~ the ~a Le~ app~ed for w~ be de%~loped a rathe tra~ s~ter~ t~?out t!~ ~.r~a. s~dJacer, t to the tr~l ~ste-m. A p~2k~g ~a w~3. b~ on th~ west ~id~ cf th~' ar~a to acco~te the au~unb~e~ of t~se peopi~ ~he area. Restroo~ w~ be prodded ~ ~ ~ desolated on the site pi~ ~hi~ is located e.t the beg~ of the ~t'~ tr~'s ~tem. D~Lug the ~zr~,e o~ deve~ent ~ter outlets ~ ~ p~vided ~ p~ces close ~ th~ pickle ~a. It ~ ~d t~mt the ~ea ~n be de~ped over a ~riod of sepal gene~y p~v~e t~ cit~ens of Bremerton ~th ~ op~ity to get ~way the n~ise ~'~d ~sh of the city ~d enjoy cor~t~ct ~th ~t~,~. ~co~rated ~to the City of B~e~on's ~ye~ czpit~ ~ro~e~ ~ the fo~o,~g p~Jections for the 1967, $!5,~O~ acute the 196E, buret $1,~ to st~ ~t~ t~ ~d p~ ~t 1969, $1,~, ~ cont~e ~t~ tr~ de~lo~ent and estab~sh pier, it 1~0, $!,~, ~h~r deve~p~,ent of pic~c m~aa ~ud contLuued trail deve~,~ent. l~l, $2,~, cont~u~ pi~c area ~d ~er l~e de~p~ent. 1~2, $~,~, b~d remt~cm fac~tie.~ ~d ~%end wrater l~e~ to e~ picnic ~ Sit~S. ~r~ ~be~ce to the ~m w~ beg~ ~e~te~ ~ter ~cq~siti~n g~r.~, c!e~ up of the ~em ~! ~ceed ~ ~ erderiy fas~on. w~]l be enco~md to join with P~k Deps~nt forces ~ t~s end. 2. Attached is a g~ne~ de'~lo~t pL~ ~ho~.E th~ location of the vo 919 EXHIBIT "A" you910 ~9 E:.!{i ';IT A -,- the cibi~,ens" ' ' '~ bo uti]~z~d for ~ay c~. c;a.e ~".'",~,*'~,_ .; ~.~.,,b'* the~.~,~?.',~t'.~ facl] lty t~ ...... c~ .... ' ~,d recre~,tion~, ............ --. ,=,,~ a o+~'¢~._ of 2~ ~art time recreation lea'lets ~ its ?~ollc. ._ If the acquzsmt~on of the property oe~<, a~plied for na;,er~a]_mzes wa ~.~.. recon- s:n'uc' ~, e:;istL~ '['..----~'; ~ = ~.~.~--.-e=~ ~m~ ~s~ picnic tables where ~p_o~ I ~- ~ ,~--, ''~ ~ .... ~, ~ and ~.....~r~.'~d,,=~ develop tke area zcr ~z ..... c use as a ~a~' .... · ¢la~-~;a to the cars, ' ' .... ~ '~' ~ of ~.,¢ ~ub!ic l'~T ;S and of ~remerton,~ an~ provides for the ,~.e~.rm~teu use .r., tL~e +.o tL~:e ~t the request z....uj~ ~.~. ~c., ,"~'"- ..... ~ shall be ad,led tO and The name, titl.e~ an,a .,~o~, o~ the l.e,~r, wn~m ~,q~.~ , ,~,~,-,~'