HomeMy WebLinkAbout200308110258 Return Address: City Clerk's Office
CityofBremerton ~£YlE~TOi't CITY OF DEED 1~100 Kiis,a~ CoT' [1~ '
239 Fourth Street
Bremerton, WA 98337
KITSRP COUNTY TRERSUEER EXCISE 08/! 1
20,3EXe7058
To[al : $765.4e Clerk's lnl[/&l ....
AUDITOR/RECORDER'S INDEXING FORM
Document Title(s): ]. Staiutol~ Wa~anty Deed
Reference Number(s) of Documents assigned or released:
Grantor(s): ]. Johi~ S. Brazen
2. Jean gough Heagy
[] Additional names on page of document.
Grantee(s): 1. City of Bremerton
[] Additional names onpage of document.
Legal Description: NE/NW S20 T24N R1E, W.M., Kitsap County, Washington
(abbreviated)
[] Additional legal is on page 2 of document.
Assessor's PropertyTax Parcel/Account Number: 202401-2-001-2008
STATUTORY WARRANTY DEED
(Individual)
JOHN $. BRANIN and JEAN LOUGH ItEAGY, being the heirs of Dorothy Dean Heagy,
deceased, ("Grantors"), for and in consideration of mutual benefits derived and/or other valuable
consideration receipt of which is hereby acknowledged by Grantors, convey and warrant to the City
ofBremerton, a Washington municipal corporation ("Grantee"), for any and all municipal purposes,
as Grantee the following described real property situated in Kitsap County, State of Washington:
THE EAST HALF OF THE NORTH HALF OF THE NORTHEAST QUARTER OF
THE NORTHWEST QUARTER, SECTION 20, TOWNSHIP 24 NORTH, RANGE
1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON;
STATUTORY WARRANTY DEED (Individual) - Page 1 of 3
EXCEPT THAT PORTION CONVEYED TO KITSAP COUNTY FOR ROAD BY
AUDITOR'S FILE NO. 826622.
GRANTORS:
~IN S. BRANIN
STATE OF ~ )
COUNT',' OF P t" a O )
~is ~dayof ~J~ ,2003,beforemeaNot~Publicin~dfor~eStateof
~, personally appe~ed Jo~ S. Bra, to me ~o~ to be ~e ~di~d~l that ex~ut~
· e foregoing ins~ent, ~d ac~owledged it to be his flee ~d vol~t~ ~t for ~e uses ~d p~ses
memioned in ~s ins~mem, ~d on oath stated ~at he was autho~zed to execute said ins~ent.
~ ~SS ~OF, I have here~to set my h~d ~d official seal ~e day
~d ye~ first above ~en.
NOT~Y P~LIC, in ~d ~or ~ State
My appoin~ent expires ~ ~e~
STATUTORY WARRANTY DEED (Individual) -Paee 2 of 3
~8,'11,'208:3 i?:O1P
BREMERTON CITY I:IF OEErl ~iO8 Kit. sar., Cc,, NR
Jt~(AN LOUGH HEA/GY / / /
STATE OF & & )
COUNTY OF ,~~ )
Onthis /'%' dayof ~ ,2003, beforemeaNotaryPublicinandfortheStateof
I~d~a4t ~ ~ personally appeared Jean Lough Heagy, to me known to be the individual that
~xecuted the'foregoing instrument, and acknowledged it to be her free and voluntary act for the uses
and purposes mentioned in this instnnnent, and on oath stated that she was authorized to execute said
instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day
I ~ NOTARY PUBUC
-NOTARY 'UBLIC, in and for the State
of l~<t-~ residing at
My appointni%nt eipires
APPROVED AS TO FORM:
City Attorney ~
R:\LEGALXDepartments43eneralWarks\StatutoryWarrantyDeed-heagy.doc
STATUTORY WARRANTY DEED (Individual)- Pa: p2fi~e0 308~ '102 S 8
BREMERTOH CITY OF D££[I ~10O Ki~sp C,:, 14~
PLEASE TYPE OR PRINT REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt
CHAPTER 82.45 RCW - CHAPTER 458-61 WAC when stamped by cashier.
FOR USE AT COUNTY TKEASURER' S OFFICE
(Use Form No. 84-0001B for Repo~ting Transfers of Controlling Interest of Entity Ownership to the Department of Revenue)
THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS 1~7 ARE FULLY COMPLETED
[] Name ,John S. Branin and ,Jean Lough Heagy, Heirs and II Name City of Bremerton
Oeviseesof Oorot,yOean He.gy, O.oea*od
~ ~ Street PO BOX 7172-/$272 ~ ~2 Street 230 Fourth Street
City/State/Zip State Line, NV 89449 m ~:
W City/StateYZip Bremerton, WA 98337
ADDRESS TO SEND ALL PROPERTY TAX RELATED COP. RES PONDENCE ALL TAX PARCEL NUMBERS COUNTY TREASUP~R PLACE
ASSESSED VALUE IF TAX EXEMPT
Name Same as Grantee 202401-2-001-2008
Street
City/State/Zip
I
LEGAL DESCRIPTION OF PROPERTY SITUATED IN [] UNINCORPORATED COUNTY 10RINCITYOF Bremerton
Street Address (if property is improved):
THE EAST HALF OF THE NORTH HALF OF THE NORIHEAST QUARTER OF THE NORTHWEST QUARTER, SECTION 20,
IOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON;
EXCEPT THAT PORTION CONVEYED TO KITSAP COUNTY FOR ROAD BY AUDITOR'S FILE NO. 826622.
Is this property currently: YES NO [] Description of personal property included in gross selling price, both
w tangible (eg; furniture, equipment, etc.) or intangible (eg; good'viii,
Classified or designated as forest land? [~ [] agreement not to compete, etc.)
Chapter 84.33 RCW
Classified as current use land (open space, farm [] []
and agricultural, or timber)? Chapter 84.34 RCW
Exempt from property tax as a nonprofit [] [] If exemption claimed, list WAC number and explanation.
organization? Chapter 84.36 RCW
Seller's Exempt Reg. No. WAC No. (Sec/Sub)
Receiving special valuation as historic [] [] Explanation
property? Chapter 84.26 RCW
Property Type: ~ land only [--I land with new building
~ land with previously used building [-[ land with mobile home Type of Document Statutory Warranty Deed
[~ timber only [:1 building only Date of Document
Principal Use: [~ Apt. (4+ unit) [] residential
n timber ~ agricultural [~ commercial/indush-ial Gross Selling Price $ 43,000.00
~ other park Personal Property (deduct) $ 0.00
I(1) NOTICE OF CONTINUANCE (RCW 84.33 OR RCW 84.34) Taxable Selling Price $ 43,000.00
If the new owner(s) of land that is classified or designated as current use Excise Tax: State $
or forest land wish to continue the classification or designation of such Local $
land, the new owner(s) must sign below. If the new owner(s) do not desire Delinquent Interest: State $
to continue such classification or designation, all compensating or
additional tax calculated pursuant to RCW 84.33.120 and 140 or RCW Local $
84.34.108 shall be due and payable by the seller or transferor at the time Delinquent Penalty $
of sale. The county assessor must determine if the land transferred Total Due $ 765.40
qualifies to continue classification or designation and must so indicate
below. Signatures do not necessarily mean the land will remain in A MINIMUM OF $2.00 IS DUE AS A PROCESSING FEE AND TAX.
classification or designation. If it no longer qualifies, it will be removed I AFFIDAVIT
and the compensating taxes will be applied. All new owners must sign.
I Certify Under Penalty of Perjury Under The Laws of The State of
This land [-I does [] does not qualify for continuance. Washington That T~For~going Is True And Correct. (See back of this
Signature of // </)~: z', /
DEPUTY ASSESSOR Grantor/Agent
(2) NOTICE OF COMPLIANCE (Chapter 84.26 RCW) ,'
If the new owner(s) of property with special valuation as historic property Name (print) ,Jdn S. Sranin and ,Jean Lough Heagy
wish to continue this special valuation the new owner(s) must sign below. Date and Place of Signing:
If the new owner(s) do not desire to continue such special valuation, all .
additional tax calculated pursuant to Chapter 84.26 RCW, shall be due Signature of ~
and payable by the seller or transferor at the time of sale. Grantee/Agent~'~(
(3) OWNER(S)SIGNATURE Name(print)Gary Bozema/'l, Mayor
Date & Place of Signing: ~ - I q -~') Z~ Bremerton, WA
Perjury: Perjury is a class C felony which is punishable by imprisonment in the state correctional institution for a maximum term of not more
than five years, or by a fine in an amount fixed by the court of not more than five thousand dollars ($5,000.00), or by both imprisonment and
_ fine (RCW 9A.20.020 (lC)).
KEV 84 000la (3-18-99) (PD 4-05-00) FOR TREASURER'S USE ONLY []COUNTY TREASURER
[]DEPT. OF REVENUE
[]COUNTY ASSESSOR
[]TAXPAYER
REAL ESTATE PURCHASE AND SALE AGREEMENT
This contract controls the terms of the sale of real property.
(Please read carefully before signing.)
This Agreement is entered between the CITY OF BREMERTON, a Washington municipal
corporation, whose mailing address is 239 4th Street, Bremerton, Washington 98337, ("Buyer"), and
John S. Branin, an individual, whose mailing address is P.O. Box 7172 #272, State Line, Nevada,
89449 and J.L. Heagy, an individual, whose mailing address is 99 Pinewood Road, Clarksburg, WV
26301, ("Sellers), for the sale and purchase of real property as follows:
East half of the North half of the Northeast Quarter of the Northwest Quarter, Section 20,
Township 24 North, Range 1, East, W.M., in Kitsap County, Washington; Except that portion
conveyed to Kitsap County for road by Auditor's File No. 826622.
1. PROPERTY. The property, including all improvements and appurtenances situated
thereon, which Buyer agrees to buy and Sellers agrees to sell, is comprised of two parcels. The first
parcel, hereinafter referred to as ("Parcel A"), is commonly known to be located near the Northwest
comer of West Kitsap Lake Road, on the North side of Kitsap Road, and is directly south of the
existing Kitsap Lake Park, Bremerton, Washington 98312. Parcel A shall hereinafter be referred to
as "the Property," which Property is legally described in Exhibit A (Parcel A), attached hereto and
incorporated herein by this reference. A map indicating the location of the Property is also attached
as Exhibit B (Parcel A), incorporated herein by this reference.
2. PURCHASE PRICE. The total purchase price for the Property is Forty-Three
Thousand and No/100 Dollars ($43,000.00), payable on closing.
3. CONTINGENCIES. This agreement is contingent upon:
(a) Acceptance of its terms by the Bremerton City Council.
(b) Buyers review and approval of the title report on the property prior to
Closing.
(c) The National Parks Service acting for the Secretary of the Interior approving
the purchase of these properties as satisfying the City's obligation to obtain
replacement property consistent with the attached agreement between the
Buyer and the Nation al Parks Service (See Attachment "A").
(d) With respect to Parcel A, the Buyer agreeing to use the sellers' names
(Branin-Heagy) or another name approved by the Sellers when the
improvements on the property [i.e. Nature trail or Boardwalk] are ever given
a title.
(e) With respect to Parcel A, the Buyer agreeing that Sellers shall have the right
of first refusal to re-purchase property at the original sales price should City
wish to use property for non-park purposes. This contingency will no longer
REAL ESTATE PURCHASE AND SALE AGREEMENT
Page 1 of 5
be in effect as of twenty-five (25) years from the signing of this agreement.
(f) Buyer agreeing to place a non-revocable covenant on the property restricting
its use to park purposes only.
Should any of these contingencies not be met prior to closing, then this Agreement shall
terminate and neither Buyer nor Sellers shall have any further rights, duties or obligations hereunder.
4. CONVEYANCE AND CONDITION OF TITLE. The title to the real property
shall be conveyed by Sellers to Buyer at closing by Statutory Warranty Deed, free and clear of all
liens, encumbrances or defects except those described in Paragraph [5] below.
5. TITLE INSURANCE. At Closing, Buyer shall be responsible for obtaining title
insurance. For purposes of this Agreement, the following shall not be deemed encumbrances or
defects: rights reserved and federal patents or state deeds; building or use restrictions consistent with
current zoning, utility and road easements of record, and the restriction to use the property for park
purposes or the requirement to offer Sellers right of first refusal to re-purchase property. If title
cannot be made so insurable prior to the Closing date called for herein, unless, Buyer elects to waive
such defects or encumbrances, this agreement shall terminate.
6. CLOSING COSTS AND PRO-RATIONS. The cost of closing, if any, shall be
shared equally between Buyer and Sellers, except those fees which are expressly limited by Federal
Regulation. Sellers shall pay for excise tax and revenue stamps. Taxes for the current year, rents,
interest, Association, Condominium and/or Homeowner's fees, water and other utility charges, if any,
shall be pro-rated as of date of closing unless otherwise agreed.
7. CLOSING OF THE SALE. WITH THE UNDERSTANDING THAT TIME IS OF
THE ESSENCE FOR THIS AGREEMENT, this sale shall close on or before August 1, 2003 which
shall also be the termination date of this agreement unless said closing date is extended in writing by
mutual agreement of the parties. Closing, for the purpose of this agreement, is defined as the date
that all documents are executed and the sale proceeds are available for disbursement to the Sellers.
8. CASUALTY LOSS. If prior to closing, improvements on said premises shall be
destroyed or materially damaged by fire or other casualty, this agreement, at option of the Buyer,
shall become null and void.
9. POSSESSION. Buyer shall be entitled to possession on closing.
10. SELLERS' REPRESENTATIONS. Sellers represent:
(a) that they will maintain the property in present or better condition until time of
agreed possession,
(b) that they have no knowledge or notice from any governmental agency of any
violation of laws relating to the subject property except:.
REAL ESTATE PURCHASE AND SALE AGREEMENT
Page 2 of 5
(c) that the property is not encumbered by any leases.
11. SELLERS' ENVIRONMENTAL REPRESENTATIONS. Sellers represent that
to the best of their knowledge that they are not aware of existence of, or have caused or allowed to be
caused, any environment condition (including, without limitation, a spill, discharge or
contamination) that existed as of and/or prior to the closing date or any act of omission occurring
prior to the closing date, the result of which may require remedial action pursuant to any federal,
state or local law or may be the basis for the assertion of any third party claims, including claims of
governmental entities. This provision shall survive the closing and be in addition to Sellers'
obligation for breach of a representation or warranty as may be set forth herein.
12. SELLERS' INDEMNITIES: Sellers agree to indemnify and hold harmless the
Buyer, against and in respect of, any and all damages, claims, losses, liabilities, judgments, demands,
fees, obligations, assessments, and expenses and costs, including, without limitation, reasonable
legal, accounting, consulting, engineering and other expenses which may be imposed upon or
incurred by Buyer, or asserted against Buyer, by any other party or parties (including, without
limitation, a governmental entity), arising out of or in connection with any environmental condition
existing as of and/or prior to the closing date, including the exposure of any person to any such
environmental condition, regardless of whether such environmental condition or exposure resulted
fi.om activities of Sellers or Sellers' predecessors in interest.
This indemnity shall survive the closing and be in addition to Sellers' obligation for breach of
a representation or warranty as may be set forth herein.
13. DEFAULT AND ATTORNEY'S FEES.
(a) Buyer's Default. IF BUYER DEFAULTS HERELrNDER, SELLERS
SHALL HAVE ALL THE RIGHTS AND REMEDIES AVAILABLE AT
LAW OR IN EQUITY.
(b) Sellers' Default. IF SELLERS DEFAULT HEREUNDER, BUYER SHALL
HAVE ALL THE RIGHTS AND REMEDIES AVAILABLE AT LAW OR
IN EQUITY.
(c) Attorney's Fees and Costs. In the event of litigation to enforce any of the
terms or provisions herein, each party shall pay all its own costs and
attorney's fees.
14. NOTICE TO SELLERS. This form contains provisions for an agreement for the
purchase and sale of real estate. The Buyer makes NO WARRANTY OR REPRESENTATION OF
ANY KIND that this form, or any of its provisions, is intended to meet the factual and legal
requirements of a particular transaction, or that it accurately reflects that laws of the State of
Washington at the time you enter the agreement. THIS AGREEMENT HAS SIGNIFICANT
LEGAL AND FINANCIAL CONSEQUENCES AND YOU ARE ADVISED TO SEEK
INDEPENDENT LEGAL AND FINANCIAL COUNSEL REGARDING THESE
CONSEQUENCES. If you do not understand the effect of any part, consult your Attorney before
signing.
REAL ESTATE PURCHASE AND SALE AGREEMENT
Page 3 of 5
15. NON-MERGER. The terms, conditions, and provisions of this Agreement shall not
be deemed merged into the deed, and shall survive the Closing and continue in full force and effect.
16. NOTICES. All notices required or permitted to be given hereunder shall be in
writing and shall be sent U.S. certified mail, return receipt requested, or by facsimile transmission
addressed as set forth below:
(a) All notices to be given to Buyer shall be addressed as follows:
Mayor
City of Bremerton
239 Fourth Street
Bremerton, Washington 98337
(b) All notices to be given to Sellers shall be addressed as follows:
John Branin J.L. Heagy
P.O. Box 7172 - #272 99 Pinewood Road
State Line, NV 89449 Clarksburg, WV 26301
Any party hereto may, by written notice to the other, designate such other address for
the giving of notices as being necessary. All notices shall be deemed given on the day such notice is
personally served, or on the date of the facsimile transmission, or on the third day following the day
such notice is mailed in accordance with this paragraph.
17. ENTIRE AGREEMENT. This Agreement, including all incorporated exhibits,
constitutes the full understanding between Sellers and Buyer. There have been no verbal or other
agreements that modify this agreement.
18. BINDING EFFECT AND SURVIVAL. This Agreement shall be binding upon
parties hereto and their respective heirs, successors and assigns; and the terms, conditions and
provisions of this Agreement shall survive the closing of this transaction.
19. DATE OF MUTUAL ACCEPTANCE. For the purposes of this Agreement, the
date of mutual acceptance of this Agreement shall be the last date on which the parties to this
Agreement have executed this Agreement as indicated below.
20. EXPIRATION OF OFFER. Sellers shall have only until 5:00 p.m. on /~ct~, i~x%t /
2/90 ~ to accept the purchase and sale agreement as written, by delivering a signed copy thereof to
the Buyer or the Buyer's agent. If Sellers do not so deliver a signed copy within said period, this
agreement shall lapse and all right of the parties hereunder shall terminate.
REAL ESTATE PURCHASE AND SALE AGREEMENT
Page 4 of 5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date set
forth below.
BUYER: SELLERS:
THE CITY OF BRE~
Cary Bozeman, I~layor Jo~S. Branin
Dated: ~?]~/~ Dated:
oJ.L Heagy
Dated:
APPROVED AS TO FORM:
h4oger
REAL ESTATE PURCHASE AND SALE AGREEMENT
Page 5 of 5
EXHIBIT "A"
ORDER NO.: 32070394
PARCEL A:
THE EAST HALF OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER, SECTION 20, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY,
WASHINGTON;
EXCEPT THAT PORTION CONVEYED TO KITSAP COUNTY FOR ROAD BY AUDITOR'S FILE NO.
826622.
· .. END OF EXHIBIT "A"...
Page 1
PACIFIC NORTHWEST TITLE ~n,~t~ ~o.~.~.~.
P.O. I~ 360'/
~ilwtxla~ Wa.~hln~on 98383
0~) ~4141
6~-5569
ORDERNO. '~O 70~
N
IMPORTANT: ~is is no~ a Plat of $U~ey. It is ~m~h~ as a ~e~nce to I~a the ~ ~lmt~
her~n w~ reference to ~ets and other I~. No I~ Is ~m~ by r~n ~ rel~c~ he~
Potion of Section~o,Township~qNo~h, Ranfle I~$t, W.M.
02.0
: i EXR~BIT B
Departmentthe Interior
United
States
of
NATIONAL PARK SERVICE
Pacific West Regional Office
1111 Jackson Street, Suite 700
~ ~.~LY ~a TO: Oakland, California 94607-4807
L3217(PG$O/PP)
OCT ~
Mr. James Spencer
Bremerton Parks and Recreation
680 Lebo Boulevard
Bremerton, WA 98310
Subject: Release of Covenant - West Park Tract III (WA 586B)
Dear Mr. Spencer:
Please find enclosed a copy of a deed release for the 0.18 acre parcel, the subject of an encroachment by the
adjoining property owner. Also enclosed is a copy of the executed agreement, previously approved by the city
council, providing the city up to 240 days for the acquisition of replacement property. Prior to the acquisition
of replacement property the city is obligated to obtain a NPS determination of the replacement property's
recreation utility and provide for the preparation and approval of an appraisal of the property's fair market
value. If you have any questions, please do not hesitate to contact Gary Munsterman, Federal Lands to Parks
Program Coordinator at 510-817-1445. Please keep Mr. Munsterman apprised of your efforts in obtaining
replacement property.
Sincerely,
arvis
cific West Region
Enclosures
ATTACHMENT A
AGREEMENT CONCERNING
CONVERSION AND REPLACEMENT
OF PROPERTY CONVEYED FOR PARK AND RECREATION USE
WHEREAS, on March 12, 1976 the Bureau of Outdoor Recreation acting for the Secretary of Interior, on
behalf of the United States of America, granted the City of Bremerton, a political subdivision of the State
of Washington a quitclaim deed to three parcels of land (Tracts I, II, and III) containing approximately
3.79 acres and located in Section 16, Township 24 North, 'Range 1 East, Willamette Meridian, and
recorded in the Office of the Kitsap County Auditor as file number 1126171; and
WHEREAS, on December 16, 1980, the City of Bremerton released and relinquished approximately one
acre contained in Tract I to the United State of America by document recorded in the Office of the
County Auditor as file number 1126171; and
WHEREAS, in August 1998 the City of Bremerton, hereinafter called City, advised, the National Park
Service, hereinafter called NPS,. as the successor to the Bureau of Outdoor Recreation of an
encroachment of an adjoining automobile sales lot onto Tract III, a 0.18 acre parcel, including
improvement of the property to the extent that it was impracticable for continued use for park and
recreation purposes; and
WHEREAS, City commissioned the preparation of appraisal reports in October 1998 and May 2002 on
the value of Tract III for the purposes of providing for conversion and replacement of the property with
properly of similar market value and recreation utility; and
WHEREAS, the October 1998 appraisal found the value of Tract III to be $51,000 and the May 2002
appraisal found the value of Tract III to be $53,000.
WHEREAS, City negotiated and accepted an offer of $51,000 from the party responsible for the
encroachment onto Tract III on March 13, 2002, and
WHEREAS, the May 2002 appraisal was commissioned at the request of the NPS and General Services
Administration to provide a current valuation for Tract III; and
WHEREAS, City has unsuccessfully pursued the acquisition of replacement property adjoining a 30 acre
park parcel located on Kitsap Lake; and
WHEREAS, the terms and conditions of the deed restricts the use of the subject property for park and
recreation purposes and prohibit the sale, lease, or assignment ofthe described property except to another
eligible governmental agency approved in writing by the Secretary of the Interior; and
WHEREAS, City continues to pursue the possible acquisition of alternate replacement properties
adjoining park property on Kitsap Lake.
WHEREAS, City on July 31, 2002 requested a release of the covenants and restrictions on Tract III to
permit a transfer of interest to the party responsible for the encroachment onto Tract III, reserving the
proceeds of this transaction for later investment in replacement property; and
City of Bremerton, WA/National Park Service Page I of 3
Agreement for the Replacement of Property Transferred for Park Purposes
WHEREAS, NPS permits similar delays of upto one year for the replacement of converted park property
acquired or developed with Land and Water Conservation Fund grant assistance.
NOW THEREFOP, E, in consideration of continuing efforts, City and NPS agree as follows;
A. NPS, with the concurrence of the General Services Administration and the city's commitment to
fullfilling B 1-5 below, shall execute a release of the covenants and restrictions affecting Tract
III, described herein.
B. City, for consideration providing by NPS in A above, shall;
1. Diligently pursue the acquisition of replacement property adjoining park property on Kitsap
Lake. or other property reviewed and approved by NPS as providing equivalent or greater
recreation utility.
2. Commission and submit to NPS for review and approval appraisals prepared in accordance
with the Uniform Standards for Professional Appraisal Practice for proposed replacement
property.
3. Within 240 days of the date of final approval of this agreement, acquire replacement
property approved by NPS as having eqt~al recreation utility with an appraised value not less
than $53,000, the value of Tract III as determined in the May 2002 appraisal.
4. Establish a reserve account containing the proceeds from the disposal of Tract III plus an
additional $2,000 to be used exclusively for the purchase of replacement property.
5. Following acquisition of approved replacement propei~y, impose on behalf of the United
States of America non-revocable covenants on replacement property or portions thereof
with a value equivalent to Tract III as contaihed within the deed executed on March 12,
1976 by the Bureau of Outdoor Recreation acting for the Secretary of Interior, on behalf of
the United States of America and recorded in the Office of the Kitsap County Auditor as file
number 1126171.
C. In the event City is unable to complete an acquisition as specified under item 4 of this agreement,
City shall at the option of NPS surrender to the United States of America the proceeds of the
reserve account as provided for in item B (; of this agreement.
D. This agreement may be modified by mutual consent of both parties.
E. The agreement shall terminate upon the execution and recording of covenants and restrictions
specified in item 6.
city of Bremerton, WA/National Park Service Page 2 of 3
Agreement for the Replacement of Property Transferred for Park Purposes
UNITED STATES OF AMERICA CITY OF BREMERTON
~Ra~ ~/~-~'~'~ B¥~
y Murray
Planning and Partnership Team Leader
National Park Service, Pacific West Region Title
City of Bremerton, WA/National Park Service Page 3 of 3
Agreement for the Replacement of Property Transferred for Park Purposes
RELEASE OF USE RESTRICTIONS
AND QUITCLAIM DEED
WHEREAS, on March 12, 1976 the Bureau of Outdoor Recreation acting for the Secretary of Interior, on
behalf of the United States of America, granted the City of Bremerton, a political subdivision of lhe State
of Washington a quitclaim deed to three parcels of land (Tracts I, II, and III) containing appro~timately
3.79 acres and located in Section 16, Township 24 North, Range I East, Willamette Meridian, and
recorded in the Office of the County Auditor as file number 1126171; and
WHEREAS, on December 16, 1980, the City of Bremerton released and relinquished approximately one
acre contained in Tract I to the United State of America by document recorded in the Office of the
County Auditor as file number 1126171; and
WHEREAS, in August 1998 the City of Bremerton advised the National Park Service as the successor to
the Bureau of Outdoor Recreation of an encroachment of an adjoining automobile sales lot onto Tract III,
a 0.18 acre parcel, including improvement of the property to the extent that it was impracticable for
continued use for park and recreation purposes; and
WHEREAS, the City of Bremerton commissioned the preparation of appraisal reports in October 1998
and May 2002 on the value of Tract III for the purposes of providing for conversion and replacement of
the property with property of similar market value and recreation utility; and
WHEREAS, the City of Bremerton has unsuccessfully pursued the acquisition of replacement property
and commits through separate agreement to reserve the proceeds from the conversion of Tract III for the
acquisition of replacement property with a value not less than the fair market value of Tract III; and
WHEREAS, the terms and conditions of the deed restrigts the use of the subject property for park and
recreation purposes and prohibit the sale, lease, or assignment of the described property except to another
eligible governmental agency approved in writing by the Secretary of the Interior; and
WHEREAS, the National Park Service finds said release will not prevent the accomplishment of the
purpose for which the property was transferred and the terms and conditions provided for under
agreement will protect and advance the interest of the United States; and
WHEREAS, the General Services Administration has concurred with the valuation and agreement for
replacement of the converted property in accordance with Federal Property and Administrative Services
Act [40 U.S.C. 484 (k)(4)].
NOW THEREFORE, in accordance with Federal Property and Administrative Services Act [40 U.S.C.
484 (k)(2)] the Secretary of the Interior, acting by and through the Director of the National Park Service,
hereby quit claims and releases Tract III, as described in a deed executed on March 12, 1976 and
recorded in the Office of the County Auditor as file number 1126171 from the covenants and restrictions
contained therein.
City of Bremerton, WA - West Park Tract III Page I of 2
Release of Use Restrictions and QuitClaim Deed
IN WITNESS WHEREOF, the United States has caused these presents to be executed in its name and on its
behalf on this the @c~ day of ~OJ~J[o~v-' ,2002.
UNITED STATES OF AMERICA
Acting by and through the Secretary of the Interior
'Rfgional Director
National Park Service, Pacific West Region
(COUNTY OF ALAlvlEDA)
)ss.
STATE OF CALIFORNIA)
On this ~2~ day of ~ 2002, before me, the subscriber, Jonathan B. Jarvis, Regional
Director, National Park Service, Pacific West Region, personally appeared to be known and personally
known to me to be the Acting Regional Director, National Park Service, Pacific West Region, aoting by
and through the Secretary 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 instmmant as such
Regional Director, National Park Service, Pacific West Region, as the act and deed of the United States,
for and on behalf of the Secretary of the Interior, 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.
Witness my hand and official seal.
NOTARY PUBLIC /
City of Bremerton, WA - West Park Tract Ili Page 2 of 2
Release of Use Restrictions and QuitClaim Deed
CORRECTION STATEMENT AND AGREEMENT
In consideration of the closing of the sales transaction identified herein, Buyer(s) and
Seller(s) hereby agree as follows:
1. This agreement concerns the closing of a real estate transaction between Seller(s)
and Buyer(s) as evidenced by that certain Real Estate Purchase and Sale
Agreement dated/J¢~?~.~,/ /, 2(~P~_ , a copy of which is attached hereto.
2. Seller(s) and/or Buyer(s) shall correct and/or replace any closing document at the
request of the other that contains an error, inaccuracy, or has been lost, destroyed,
or misplaced for any reason. A closing document shall be deemed to contain an
error or an inaccuracy if it fails to reflect the true or correct terms and conditions
of the closing or to conform to the Real Estate Purchase and Sale Agreement or
true intentions of the parties. Examples include, but are not limited to, errors in
the legal descriptions, misspelled names, invalid acknowledgement, etc.
3. This agreement is made regardless of the reason of any loss, misplacement, or
inaccuracy in any closing document, if any.
4. "Correct or Replace" includes, but is not limited to, the execution,
acknowledgement, initialing and delivering to the other party any documentation
deemed necessary to replace or correct the lost, misplaced, misstated, or
inaccurate document(s). Closing documents include, but are not limited to,
closing statements, deeds, affidavits, contracts or other documents executed by
the parties in connection with the closing.
5. Buyer(s) and Seller(s) shall deliver the replacement documents within thirty (30)
days after receipt of a written request for corrective action under this agreement.
6. In the event the closing statement or funds transferred between the Buyer(s) and
the Seller(s) did not accurately reflect the agreement of the parties, Buyer(s) and
Seller(s) agree to provide additional amounts due or amount to be refunded.
7. If Buyer(s) or Seller(s) fail or refuse to execute, acknowledge, initial thc
replacement documents or provide the additional documents or fees for more than
thirty (30) days after being requested to do so, Buyer(s) or Seller(s), whichever is
the refilser, agrees to be liable for any and all loss or damage which the other
reasonabb/sustains thereby including, but not limited to, all reasonable attorney's
fees and costs incurred to obtain the corrected or replacement documents.
1 of 2
8. This agreement shall survive the closing, inure to the benefit of the Buyer(s) and
Seller(s), their successors and assigns, and be binding upon the heirs, devisees,
personal representatives, successors and assigns of the parties.
BUYER: SELLERS:
THE CITY OF BREMERT~ON ~
By: ~--~ ,f~, "
Cary Bozeman,ArVIay~r ~ohn S. Branin
Dated: ~-r..~-0~2 Dated:
~an Lough Heagy
Dated: /
APPROVED AS TO FORM:
B~--~-~"
Roger'S. Lubovich, City Attorney ~
2 of 2
REAL ESTATE PURCHASE AND SALE AGREEMENT
This contract controls the terms o£ the sale of real property.
(Please read carefully before signing.)
This Agreement is entered between the CITY OF BREMERTON, a Washington municipal
corporation, whose mailing address is 239 4th Street, Bremerton, Washington 98337, ("Buyer"), and
John S. Branin, an individual, whose mailing address is P.O. Box 7172 #272, State Line, Nevada,
89449 and J.L. Heagy, an individual, whose mailing address is 99 Pinewood Road, Clarksburg, WV
26301, ("Sellers), for the sale and purchase of real property as follows:
East half of the North half of the Northeast Quarter of the Northwest Quarter, Section 20,
Township 24 North, Range 1, East, W.M., in K~tsap County, Washington; Except that portion
conveyed to Kitsap County for road by Auditor's File No. 826622.
1. PROPERTY. The property, including all improvements and appurtenances situated
thereon, which Buyer agrees to buy and Sellers agrees to sell, is comprised of two parcels. The first
parcel, hereinafter referred to as ("Parcel A"), is commonly known to be located near the No~hwest
corner of West Kitsap Lake Road, on the North side of Kitsap Road, and is directly south of the
existing Kitsap Lake Park, Bremerton, Washington 98312. Parcel A shall hereinafter be referred to
as "the Property," which Property is legally described in Exhibit A (Parcel A), attached hereto and
incorporated herein by this reference. A map indicating the location of the Property is also attached
as Exhibit B {Parcel A), incorporated h~rein by this reference.
2. PURCHASE PRICE. The total purchase price for the Property is Forty-Three
Thousand and No/100 Dollars ($43,000.00), payable on closing.
3. CONTINGENCIES. This agreement is contingent upon:
(a) Acceptance of its terms by the Bremerton City Council.
(b) Buyers review and approval of the title report on the property prior to
Closing.
(c) The National Parks Service acting for the Secretary of the Interior approving
the purchase of these properties as satisfying the City's obligation to obtain
replacement property consistent with the attached agreement between the
Buyer and the Nation al Parks Service (See Attachment "A").
(d) With respect to Parcel A, the Buyer agreeing to use the sellers' names
(Branin-Heagy) or another name approved by the Sellers when the
improvements on the property [i.e. Nature trail or Boardwalk] are ever given
a title.
(e) With respect to Parcel A, the Buyer agreeing that Sellers shall have the right
of first refusal to re-purchase property at the original sales price should City
wish to use property for non-park purposes. This contingency will no longer
REAL ESTATE PURCHASE AND SALE AGREEMENT
Page 1 of 5
be in effect as of twenty-five (25) years from the signing of this agreement.
(f) Buyer agreeing to place a non-revocable covenant on the property restricting
its use to park purposes only.
Should any of these contingencies not be met prior to closing, then this Agreement shall
terminate and neither Buyer nor Sellers shall have any further rights, duties or obligations hereunder.
4. CONVEYANCE AND CONDITION OF TITLE. The title to the real property
shall be conveyed by Sellers to Buyer at closing by Statutory Warranty Deed, free and clear of all
liens, encumbrances or defects except those described in Paragraph [5] below.
5. TITLE INSURANCE. At Closing, Buyer shall be responsible for obtaining title
insurance. For purposes of this Agreement, the following shall not be deemed encumbrances or
defects: rights reserved and federal patents or state deeds; building or use restrictions consistent with
current zoning, utility and road easements of record, and the restriction to use the property for park
purposes or the requirement to offer Sellers right of first refusal to re-purchase property. If title
cannot be made so insurable prior to the Closing date called for herein, unless, Buyer elects to waive
such defects or encumbrances, this agreement shall terminate.
6. CLOSING COSTS AND PRO-RATIONS. The cost of closing, if any, shall be
shared equally between Buyer and Sellers, except those fees which are expressly limited by Federal
Regulation. Sellers shall pay for excise tax and revenue stamps. Taxes for the current year, rents,
interest, Association, Condominium and/or Homeowner's fees, water and other utility charges, i fany,
shall be pro-rated as of date of closing unless otherwise agreed.
7. CLOSING OF THE SALE. WITH THE UNDERSTANDING THAT TIME IS OF
THE ESSENCE FOR THIS AGREEMENT, this sale shall close on or before August 1, 2003 which
shall also be the termination date of this agreement unless said closing date is extended in writing by
mutual agreement of the parties. Closing, for the purpose of this agreement, is defined as the date
that all documents are executed and the sale proceeds are available for disbursement to the Sellers.
8. CASUALTY LOSS. If prior to closing, improvements on said premises shall be
destroyed or materially damaged by fire or other casualty, this agreement, at option of the Buyer,
shall become null and void.
9. POSSESSION. Buyer shall be entitled to possession on closing.
10. SELLERS' REPRESENTATIONS. Sellers represent:
(a) that they will maintain the property in present or better condition until time of
agreed possession,
(b) that they have no knowledge or notice from any governmental agency o f any
violation of laws relating to the subject property except:.
REAL ESTATE PURCHASE AND SALE AGREEMENT
Page 2 of 5
(c) that the property is not encumbered by any leases.
11. SELLERS' ENVIRONMENTAL REPRESENTATIONS. Sellers represent that
to the best of their knowledge that they are not aware o f existence of, or have caused or allowed to be
caused, any environment condition (including, without limitation, a spill, discharge or
contamination) that existed as of and/or prior to the closing date or any act of omission occun'ing
prior to the closing date, the result of which may require remedial action pursuant to any federal,
state or local law or may be the basis for the assertion of any third party claims, including claims of
governmental entities. This provision shall survive the closing and be in addition to Sellers'
obligation for breach of a representation or warranty as may be set forth herein.
12. SELLERS' INDEMNITIES: Sellers agree to indemnify and hold harmless the
Buyer, against and in respect of, any and all damages, claims, losses, liabilities, judgments, demands,
fees, obligations, assessments, and expenses and costs, including, without limitation, reasonable
legal, accounting, consulting, engineering and other expenses which may be imposed upon or
incurred by Buyer, or asserted against Buyer, by any other party or parties (including, without
limitation, a governmental entity), arising out of or in connection with any environmental condition
existing as of and/or prior to the closing date, including the exposure of any person to any such
environmental condition, regardless of whether such environmental condition or exposure resulted
from activities of Sellers or Sellers' predecessors in interest.
This indemnity shall survive the closing and be in addition to Sellers' obligation for breach of
a representation or warranty as may be set forth herein.
13. DEFAULT AND ATTORNEY'S FEES.
(a) Buyer's Default. IF BUYER DEFAULTS HEREUNDER, SELLERS
SHALL HAVE ALL THE RIGHTS AND REMEDIES AVAILABLE AT
LAW OR IN EQUITY.
(b) Sellers' Default. IF SELLERS DEFAULT HEREUNDER, BUYER SHALL
HAVE ALL THE RIGHTS AND REMEDIES AVAILABLE AT LAW OR
IN EQUITY.
(c) Attorney's Fees and Costs. In the event of litigation to enforce any of the
terms or provisions herein, each party shall pay all its own costs and
attorney's fees.
14. NOTICE TO SELLERS. This form contains provisions for an agreement for the
purchase and sale of real estate. The Buyer makes NO WARRANTY OR REPRESENTATION OF
ANY KIND that this form, or any of its provisions, is intended to meet the factual and legal
requirements of a partieular transaction, or that it aecurately reflects that laws of the State of
Washington at the time you enter the agreement. THIS AGREEMENT HAS SIGNIFICANT
LEGAL AND FINANCIAL CONSEQUENCES AND YOU ARE ADVISED TO SEEK
INDEPENDENT LEGAL AND FINANCIAL COUNSEL REGARDING THESE
CONSEQUENCES. If you do not understand the effect of any part, consult your Attorney before
signing.
REAL ESTATE PURCHASE AND SALE AGREEMENT
Page 3 of 5
15. NON-MERGER. The terms, conditions, and provisions of this Agreement shall not
be deemed merged into the deed, and shall survive the Closing and continue in full force and effect.
16. NOTICES. All notices required or permitted to be given hereunder shall be in
writing and shall be sent U.S. certified mail, return receipt requested, or by facsimile transmission
addressed as set forth below:
(a) All notices to be given to Buyer shall be addressed as follows:
Mayor
City of Bremerton
239 Fourth Street
Bremerton, Washington 98337
(b) All notices to be given to Sellers shall be addressed as follows:
John Branin J.L. Heagy
P.O. Box 7172 - #272 99 Pinewood Road
State Line, NV 89449 Clarksburg, WV 26301
Any party hereto may, by written notice to the other, designate such other address for
the giving of notices as being necessary. All notices shall be deemed given on the day such notice is
personally served, or on the date of the facsimile transmission, or on the third day following the day
such notice is mailed in accordance with this paragraph.
17. ENTIRE AGREEMENT. This Agreement, including all incorporated exhibits,
constitutes the full understanding between Sellers and Buyer. There have been no verbal or other
agreements that modify this agreement.
18. BINDING EFFECT AND SURVIVAL. This Agreement shall be binding upon
parties hereto and their respective heirs, successors and assigns; and the terms, conditions and
provisions of this Agreement shall survive the closing of this transaction.
19. DATE OF MUTUAL ACCEPTANCE. For the purposes of this Agreement, the
date of mutual acceptance of this Agreement shall be the last date on which the parties to this
Agreement have executed this Agreement as indicated below.
20. EXPIRATION OF OFFER. Sellers shall have only until 5:00 p.m. on
7x-~,£~ ~ to accept the purchase and sale agreement as written, by delivering a signed copy thereof to
the Buyer or the Buyer's agent. If Sellers do not so deliver a signed copy within said period, this
agreement shall lapse and all right of the parties hereunder shall terminate.
REAL ESTATE PURCHASE AND SALE AGREEMENT
Page 4 of 5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date set
forth below.
BUYER: SELLERS:
THE CITY OF
By: ~ ~ /~ ~---"'~
Cary Bozeman, I~layor Jo~S. Branin
Dated: ~~ Dated:
, ~ L Heagy
Dated: /
~PROVED AS TO FO~:
~oger A. ~vich}-C~.~
REAL ESTATE PURCHASE AND SALE AGREEMENT
Page 5 of 5
" EXHIBIT "A"
ORDER NO.: 32070394
PARCEL A:
THE EAST HALF OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER, SECTION 20, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUN't"~,
WASHINGTON;
EXCEPT THAT PORTION CONVEYED TO KITSAP COUNTY FOR ROAD BY AUDITOR'S FILE NO.
826622.
· . · END OF EXHIBIT 'A" . . .
Page 1
PACIFIC NORTHWEST TITLE ~ ~l~-~ ~o,~.~.,~.
P.O. ~ox ~607
~ilv~ W&~on 98383
06~6~4141
ORDERNO. '~O 7OD~
N
I~PORT~NT: This is n~ a Plat of S~ey. It is ~mish~ as a ¢~en~nce to I~e the ~r~ indimt~
her~n wlh reference to ~reets and other land. No I~bi~ is ~um~ by r~son ~ r~i~rm her~n.
Potion of Section~O,Township~qNo~h, Range l~st, W.M.
/
/ ~ -:-I i~ OJ5~ I 0~I 1015 I 011 I[
~' ....~{.......1-../ .. Ii .L / ?' I' / / ~ o~
-.- ~
[5 [ E~SEUE~r 010' ~ ~ 055
~ ,, EXM~BIT B
United States Department of the Interior
NATIONAL PARK SERVICE
Pacific West Regional Office
1111 Jackson Street, Suite 700
IN REPLY RI~:ER TO: Oakland, California 94607-4807
L3217(POSO/Pp)
O~t g $ 20t~
Mr. James Spencer
Bremerton Parks and Recreation
680 Lebo Boulevard
Bremerton, WA 98310
Subject: Release of Covenant - West Park Tract III (WA 586B)
Dear Mr. Spencer:
Please find enclosed a copy of a deed release for the 0.18 acre parcel, the subject of an encroachment by the
adjoining property owner. Also enclosed is a copy of the executed agreement, previously approved by the city
council, providing the city up to 240 days for the acquisition of replacement property. Prior to the acquisition
of replacement property the city is obligated to obtain a NPS determination of the replacement property's
recreation utility and provide for the preparation and approval of an appraisal of the property's fair market
value. If you have any questions, please do not hesitate to contact Ga~y Munsterman, Federal Lands to Parks
Program Coordinator at 510-817-1445. Please keep Mr. Munsterman apprised of your efforts in obtaining
replacement property.
Sincerely,
Enclosures
ATTACHMENT A
AGREEMENT CONCERNING
CONVERSION AND REPLACEMENT
OF PROPERTY CONVEYED FOR PARK AND RECREATION USE
WHEREAS, on March 12, 1976 the Bureau of Outdoor Recreation acting for the Secretary of Interior, on
behalf of the United States of America, granted the City o£ Bremerton, a polit!cal subdivision of the State
of Washington a quitclaim deed to three parcels of land (Tracts I, Iii and III) containing approximately
3.79 acres and located in Section 16, Township 24 North, 'Range I East, Willamette Meridian, and
recorded in the Office of the Kitsap County Auditor as file number 1126171; and
WHEREAS, o~i December 16, 1980, the City of Bremerton released and relinquished approximately one
acre contained in Tract I to the United State of America by document recorded in the Office of the
County Auditor as file number 1126171; and
WHEREAS, in August 1998 the City of Bremerton, hereinafter called City, advised, the National Park
Service, hereinafter called NPS,. as the successor to the Bureau of Outdoor Recreation of an
encroachment of an adjoining automobile sales lot onto Tract III, a 0.18 acre parcel, including
improvement of the property to the extent that it was impracticable for continued use for park and
recreation purposes; and
WHEREAS, City commissioned the preparation of appraisal reports in October 1998 and May 2002 on
the value of Tract III for the purposes of providing for conversion and replacement of the property with
prope ~rty of similar market value and recreation utility; and
WHEREAS, the October 1998 appraisal found the value of Tract III to be $51,000 and the May 2002
appraisal found the value of Tract III to be $53,000.
WHEREAS, City negotiated and accepted an offer of $51,000 from the party responsible for the
encroachment onto Tract III on March 13, 2002, and
WHEREAS, the MaY 2002 appraisal was commissioned at the request of the NPS and General Services
Administration to provide a current valuation for Tract III; and
WHEREAS, City has unsuccessfully pursued the acquisition of replacement property adjoining a 30 acre
park parcel located on Kitsap Lake; and
WHEREAS, the terms and conditions of the deed restricts the use of the subject property for park and
recreation purposes and prohibit the sale, lease, or assignment ofthe described property except to another
eligible governmental agency approved in writing by the Secretary of the Interior; and
WHEREAS, City continues to pursue the possible acquisition of alternate replacement properties
adjoining park property on Kitsap Lake.
WHEREAS, City on July 31, 2002 requested a release of the covenants and restrictions on Tract III to
permit a transfer of interest to the party responsible for the encroachment onto Tract III, reserving the
proceeds of this transaction for later investment in replacement property; and
City of Bremerton, WA/National Park Service Page I of 3
Agreement for the Replacement of Property Transferred for Park Purposes
WHEREAS, NPS permits similar delays of upto one year for the replacement of converted park property
acquired or developed with Land and Water Conservation Fund grant assistance.
NOW THEREFORE, in consideration of continuing efforts, City and NPS agree as follows;
A. NPS, with the concurrence of the General Services Administration and the city's commitment to
fullfilling B 1-5 below, shall execute a release of the covenants and restrictions affecting Tract
III, described herein.
B. City, for consideration providing by NPS in A above, shall;
1. Diligently pursue the acquisition of replacement property adjoining park property on Kitsap
Lake or other property reviewed and approved by NPS as providing equivalent or greater
recreation utility.
2. Commission and submit to NPS for review and approval appraisals prepared in accordance
with the Uniform Standards for Professional Appraisal Practice for proposed replacement
property.
3. Within 240 days of the date of f'mal approval of this agreement, acquire replacement
property approved by NPS as having equal recreation utility with an appraised value not less
than $53,000, the value of Tract III as determined in the May 2002 appraisal.
4. Establish a reserve account containing the proceeds from the disposal of Tract III plus an
additional $2,000 to be used exclusively for the purchase of replacement property.
5. Following acquisition of approved replacement property, impose on behalf of the United
States of America non-revocable covenants on replacement property or portions thereof
with a value equivalent to Tract III as contaihed within the deed executed on March 12,
1976 by the Bureau of Outdoor Recreation acting for the Secretary of Interior, on behalf of
the United States of America and recorded in the Office of the Kitsap County Auditor as file
number 1126171.
C. In the event City is unable to complete an acquisition as specified under item 4 of this agreement,
City shall at the option of NPS surrender to the United States of America the proceeds of the
reserve account as provided for in item B 4 of this agreement.
D. This agreement may be modified by mutual consent of both parties.
E. The agreement shall terminate upon the execution and recording of covenants and restrictions
sl~ecified in item 6.
City of Bremerton, WA/National Park Service Page 2 of 3
Agreement for the Replacement of Property Transferred for Park Purposes
UNITED STATES OF AMERICA CITY OF BREMERTON
~.R~~-~9 By ~'~ ~
ay Murray
Planning and Partnership Team Leader
National Park Service, Pacific West Region Title /tjq~ ~/t>dl..
Date [0' rS'-- ~"2__ Date
City of Bremerton~ WA/National Park Service Page 3 of 3
Agreement for the Replacement of Property Transferred for Park Purposes
RELEASE OF USE RESTRICTIONS
AND QUITCLAIM DEED
WHEREAS, on March 12, 1976 the Bureau of Outdoor Recreation acting for the Secretary of Interior, on
behalf of the United States of America, granted the City of Bremerton, a political subdivision of the State
of Washington a quitclaim deed to three parcels of land (Tracts I, II, and III) containing approximately
3.79 acres and located in Section 16, Township 24 North, Range I East, Willamette Meridian, and
recorded in the Office of the County Auditor as file number 1126171; and
WHEREAS, on December 16, 1980, the City of Bremerton released and relinquished approximately one
anre contained in Tract I to the United State of America by document recorded in the Office of the
County Auditor as file number 1126171; and
WHEREAS, in August 1998 the City of Bremerton advised the National Park Service as the successor to
the Bureau of Outdoor Recreation of an encroachment of an adjoining automobile sales lot onto Tract III,
a 0.18 acre parcel, including improvement of the property to the extent that it was impracticable for
continued use for park and recreation purposes; and
WHEREAS, the City of Bremerton commissioned the preparation of appraisal reports in October 1998
and May 2002 on the value of Tract III for the purposes of providing for conversion and replacement of
the property with property of similar market value and recreation utility; and
WHEREAS, the City of Bremerton has unsuccessfully pursued the acquisition of replacement property
and commits through separate agreement to reserve the proceeds from the conversion of Tract III for the
acquisition of replacement property with a value not less than the fair market value of Tract III; and
WHEREAS, the terms and conditions of the deed restrigts the use of the subject property for park and
recreation proposes and prohibit the sale, lease, or assignment of the described property except to another
eligible governmental agency approved in writing by the Secretary of the Interior; and
WHEREAS, the National Park Service finds said release will not prevent the accomplishment of the
purpose for which the property was transferred and the terms and conditions provided for under
agreement will protect and advance the interest of the United States; and
WHEREAS, the General Services Administration has concurred with the valuation and agreement for
replacement of the converted property in accordance with Federal Property and Administrative Services
· Act [40 U.S.C. 484 (k)(4)].
NOW THEREFORE, in accordance with Federal Property and Administrative Services Act [40 U.S.C.
484 (k)(2)] the Secretary of the Interior, acting by and through the Director of the National Park Service,
hereby quit claims and releases Tract III, as described in a deed executed on March 12, 1976 and
recorded in the Office of the County Auditor as file number 1126171 from the covenants and restrictions
contained therein.
City of Bremerton, WA - West Park Tract II1 Page 1.of 2
Release of Use Restrictions and QuitClaim Deed
1N WITNESS WHEREOF, the United States has caused these presents to be executed in its name and on its
behalf on this the ~c~ day of ~0.~S[0a, v-" ,2002.
UNITED STATES OF AMERICA
Acting by and through the Secretary of the Interior
Jon than B. JarvO
"R(gional Director
National Park Service, Pacific West Region
(COUNTY OF ALAMEDA)
) ss.
(STATE OF CALIFORNIA)
On this ~ day of ~ 2002, before me, the subscriber, $onathan B. ]arvis, Regional
Director, National Park Service, Pacific West Region, personally appeared to be known and personally
known to me to be the Acting Regional Director, National Park Service, Pacific West Region, acting by
and through the Secretary 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, National Park Service, Pacific West Region, as the act and deed of the United States,
for and on behalf of the Secretary of the Interior, 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.
Witness my hand and official seal.
NOTARY PUBLIC ~
City of Bremerton, WA - West Park Tract III Page 2 of 2
Release of Use Restrictions and QuitClaim Deed
Return ~dress: Ci~ of BremeAon
239 - 4~ S~eet
Breme~on, WA 98337
BREE~TON CITY OF COUEH ~10~ Kitsap C0~ NR '
AUDITOR/RECORDER'S INDEXING FORM
Document Title(s): 1. Covenant and Restriction
Reference Number(s) of Documents assigned or released:
Grantor(s): l. CityofBremerton
[] Additional names onpage of document.
Grantee(s): 1. The Public
[] Additional names on page of document.
Legal Description: NE/NW S20 T24N R1E, W.M., Kitsap County, Washington
(abbreviated)
[] Additional legal is on page 1 of document.
Assessor's Property Tax Parcel/Account Number: 202401-2-001-2008 and 207,9! ~. ~25 222~ ~
.... ~ .... ,4.-~aZ.'l(dl- i vz;~- ~[/
~o,~qOI- ~-O3~'- zoo&
COV£NANT AND P~STR[CT[ON
WHERJ]AS, on March 12, 1976 the Bureau of Outdoor Recreation acting for the Secretary of Interior, on
behalf of the United States of America, granted the City of Bremerton, a political subdivision of the State
of Washington a quitclaim deed to three parcels of land (Tracts I, H, and I[D containing appro×imat¢]y
3.79 acres and ]ocatad in Section 16, Township 24 North, Range 1 East, Wi]lamette Meridian, and
recorded in the Office of the Kitsap County Auditor as file number 1126171; and
W~ER~AS, on October 29, 2002, upon request, the National Park Service released the covenants and
restrictions regarding the use of Tract III in consideration of an agreement between the City of Bremerton
and the NationaI Park Service effective on October 15, 2002 for the identification and acquisition of
property with equal or greater recreation utility and market value and the imposition of covenants and
restrictions by the City of Bremerton on behalf of the United States of America concerning the recreation
use of acquired property as contained within the deed executed on on March 12, 1976 by the Bureau of
Outdoor Recreation acting for the Secretary of Interior, on behalf of the United States of America,
granting to the City of Bremerton, a political subdivision of the State of Washington three parcels of land
(Tracts I, 1I, and III) containing approximately 3.79 acres and located in Section 16, Township 24 North,
Range 1 East, Willamette Meridian, and recorded in the Office of the Kitsap County Auditor as file
number 1126171.
WHEREAS the City of Bremerton has acquired the following described properties with a cumulative
appraised value of $48,000;
Parcel A: The east half of the north half of the Northeast Quarter of the Northwest Quarter,
Section 20, Township 24 North, Range 1 East, W.M. in Kitsap County, Washington; except that
portion conveyed to Kitsap County for road purposes by Auditors File No. 826622, and
containing approximately 9.54 acres.
Parcel B: That portion of the following described property lying westerly of Price Road: The
South half of the North half of the Northwest Quarter of the Northeast Quarter of Section 20,
Township 24 North, Range 1 East, W.M. in Kitsap County, Washington, except road, containing
approximately 0.87 acre.
WHEREAS the City of Bremerton plans to construct a perimeter walkway with observation areas for the
purpose of providing environmental experiences and learning opportunities on the wetland flora and
fauna with an estimated cost of $1,500,000.
WHEREAS, the National Park Service and the General Services Administration accept the future
improvement of above described properties for the purpose of providing equivalency of value between
Tract 11I and Parcels A and B above.
NOW THEREFORE, in consideration of the described agreement, the City Bremerton does hereby
covenant and agree to irrevocably impose on behalf of the United States of America, acting by and
through the National Park Service, covenants and restrictions contained within a deed dated March 12,
1976 from the Bureau of Outdoor Recreation acting for the Secretary of Interior, on behalf of the United
States of America, granting the City of Bremerton, a political subdivision of the State of Washington
City of Bremerton Covenant and Re~ ~''otmn
~ Kitsap Lake Wetland Property~ ]]ll///]ljll~//ll///i/[///ll///[]////ll//i//i/[ll[~O~oO.~O~6o~O120 Page l of 2
three parcels of land (Tracts I, II, and Ill) containing approximately 3.79 acres and located in Section 16,
Township 24 North, Range 1 East, Willamette Meridian, and recorded in the Office of the Kitsap County
Auditor as file number 1126171 on the following described parcels;
Pamel A: The east half of the north half of the Northeast Quarter of the Northwest Quarter,
Section 20, Township 24 North, Range I East, W.M. in Kitsap County, Washington; except that
portion conveyed to Kitsap County for road purposes by Auditors File No. 826622, and
containing approximately 9.54 acres.
Parcel B: That portion of the following described property lying westerly of Price Road: The
South half of the North half of the Northwest Quarter or the Northwest Quarter of Section 20,
Township 24 North, Range 1 East, W.M. in Kitsap County, Washington, except road, containing
approximately 0.87 acre.
The City of Bremerton further covenants and agrees to diligently pursue the improvement of the above-
described property with an investment of non-federal funds or equivalent in-kind services representing
not less than $5,000 within five years of the date of this covenant and restriction.
CITY OF BREM~TON
Title ~'~~
Date ~ ~Z> ~'~5~[
~STATE OF WASHINGTON)
iCOUNTY OF KITSAP )
Dn thts ~(~.aday of ,20~ before me, the undersized nota~, the subscriber personally
appeared and being the d~ly ~thorized official of Ciw of Breme~on, Washingon and known to me to be
the sine person described herein ~d who executed the foregoing on behalf of the CiW of Breme~on,
Washin~~s described herein.
Witness my hand and official seal.
~W~. O~ ~ h~ ~ NOTAR PUBLIC
~K~2.~-~.'X~
City ofBreme~on Coven~t md Restriction ,2004 ' 11:0SA
Kitsap L~e Wetl~d Prope~ 0~/1 2
BREMERT0~ CITY 0F COVEN ~1.00 Kit~p Co, Hfl