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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