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Home My WebLink About200212170100Filed for Record at Request of: Page: I of 8 12/17/2502 CityofBremerton BR£M£RTON CI1¥ 0[ 0C~ ~.0~ Kit~ap C0, Wfl When Recorded Return to: City of Bremeaon 239 4th Street Breme~on, WA 98337 Attention: Kathleen McCluskey KlZSaP COU.TY T.EnSUEER EXCISE 12t16/2002 2ee2EXle?t? Document Title: Quitclaim Deed Reference Number of Document Assigned or Released: Not Applicable Grantor's Name: United States of~efica Grantee's Name: CityofBremedon Abbreviated Legal Description: Potions of Blocks 10 & 11 in PLAT OF THE TO~ OF B~MERTON (Additional legal on Exhibit "A" of the document) Assessor's Proper~ Tax Paree~Aeeount Number: 3 9 3 ~ - 0 3 1- 0 01 - 0 0 0 7 QUITCLAIM DEED This Deed is made this ~4~dayof /~e,..~a' ,2002, by the UNITED STATES OF AMERICA, acting by and through the Department of the Navy (herein called "Grantor"), in favor of THE CITY OF BREMERTON, a municipal corporation of the State of Washington (herein called "Grantee"). RECITALS This conveyance of property is made pursuant to the authority granted in Section 2857 of Public Law 106-398. CONVEYANCE Grantor does hereby release, convey and quitclaim to Grantee, and to its successors and assigns, all Grantor's right, title and interest, together with all after-acquired title of the Grantor and any and all rights in abutting streets, in and to the real property and all improvements and personal property thereon (the "Property"), located in Bremerton, Washington and described in Exhibit "A" which is attached hereto and incorporated herein by this reference, subject to the following exceptions, reservations, covenants and restrictions: Easement reserved in Civil Action 347 for public roads, granted April 15, 1941 Easement to Puget Sound Power & Light Co for a power line, granted Dec. 8, 1942 Easement to the State of Washington for a highway, granted Nov. 3, 1943 Easement to State of Washington for sidewalks, granted April 20, 1944 Easement to Puget Sound Power & Light Co for a power line, granted April 17, 1946 REPRESENTATIONS, COVENANTS AND RESTRICTIONS 1. The Grantor represents as follows: Grantor has performed an Environmental Baseline Survey (EBS) to examine the property for hazardous substances and has taken appropriate remedial action resulting in a decision that the property is suitable for transfer, said decision is set forth in a Finding of Suitability for Transfer (FOST). Copies of the EBS and FOST referred to above have each been made available to Grantee and are each incorporated herein by reference. 2. ENVIRONMENTAL COVENANT: The United States of America, in accordance with 42 USC 9620(h), hereby covenants and warrants to Grantee, its successors and assigns, that (1) all remedial action necessary to protect human health and the environment with respect to any hazardous substance remaining on the property has been taken before the date of this deed, and (2) any additional remedial action found to be necessary after this date shall be conducted by the United States of America acting by and through the Department of the Navy. The United States of America shall have access rights to the property in any case in which remedial or correctivc action is found to be necessary after the date of this deed. 3. In connection with Grantor's covenant made in paragraph 2, the Grantee agrees on behalf of itself, its successors and assigns, as a covenant running with the land, that Grantor, and its officers, agents, employees, contractors and subcontractors, shall have the right, upon reasonable notice to Grantee, its successors and assigns, to enter upon the Property in any case in which a response or corrective action is found to be necessary at such Property after the date of this deed. 4. The right to enter described in paragraph 3 shall include the right to conduct tests, investigations and surveys, including, where necessary, drilling, test-pitting, boring and other similar activities. Such right shall also include the right to construct, operate, maintain or undertake any other response or corrective action as required or necessary including, but not limited to, monitoring wells, pumping wells and treatment facilities. Any such entry, including such activities, response or corrective actions, shall be coordinated with the Grantee or its successors and assigns, and shall be performed in a manner which minimizes (a) any damage to any structures on the Property and, (b) any disruption or disturbance of the use and enjoyment of the Property. The Grantor shall be responsible, to the extent provided in the Federal Tort Claims Act, for any personal injury or property damage or claims, suits or penalties related to Grantor's environmental activities on the property. BR£II£RTON CITY OF OCD ~,.8~ Kitsap Co, 5. GRANTEE by acceptance of this Quitclaim Deed agrees that the Property is conveyed on an "as is, where is" basis without warranties of any kind either expressed or implied except as otherwise recited in this Quitclaim Deed. 6. GRANTEE by acceptance of this Quitclaim Deed agrees that GRANTEE shall have and hold the Property subject to each of the following conditions subsequent, which are for the sole benefit of THE UNITED STATES OF AMERICA and which shall be binding upon and enforceable against GRANTEE, its successors and assigns: (a) GRANTEE shall use the Property, directly or through an agreement with a public or private entity, solely and continuously for public health, public safety, education, affordable housing, or public recreation purposes. GRANTOR reserves the right to enter and inspect the Property and inspect records related thereto to ascertain compliance with terms and conditions of this covenant. (b) GRANTEE may abrogate (a), above, as to all or any portion of the Property, by providing affirmative written notice to GRANTOR of intent to use all or any portion of the Property for a purpose not specified in (a), above. GRANTEE shall pay to the UNITED STATES OF AMERICA an amount equal to the fair market value of that portion of the Property to be used for a purpose not specified in (a) above. The fair market value shall be determined by an appraisal acceptable to GRANTOR. The effective date of such fair market value shall be the date GRANTEE affirms its intent to use a portion of the Property for a purpose not specified in (a) above. (c) GRANTEE, by acceptance of this Quitclaim Deed, covenants and agrees for itself, its successors and assigns, that it shall not commence any use of any portion of the Property for a purpose not specified in (a) above until the full fair market value established pursuant to (b) above has been paid to and received by GRANTOR. (d) GRANTEE shall provide GRANTOR with no less than thirty days written notice of intent to sell, lease, rent, mortgage, encumber, or otherwise transfer any interest in any portion of the Property for which it has not already paid fair market value to GRANTOR. Such notice shall include: (1) a description of the portion of the Property or interest therein being conveyed or otherwise transfeaxed; (2) the identity of the transferee; (3) recital of all consideration being paid to GRANTEE; and (4) the intended land use(s) of the portion of the Property after transfer. (e) Notwithstanding the above, in the event Purchaser desires to trade all or a portion of the Property, Purchaser shall have the right to seek the lawful authority and/or the required approval from the appropriate source(s) to trade all or a portion of the property for other property of not less than equal value for use for public health, public safety, education, affordable housing, or public recreation or to seek other alternatives in lieu of payment of fair market value, consistent with federal law. 1~/1772802 O$:$OR BREltERTON CITY OF OCD ~i!6.tl,_~ Ki~sap Co, [IR IN WITNESS WHEREOF, THE GOVERNMENT has executed this QUITCLAIM Deed this day of ~.~e~. &~,' ,2002 UNITED STATES OF AMERICA ROBERT K. UHRICH Director, Land Management Real Estate Contracting Officer Naval Facilities Engineering Command For and on Behalf of the United States of America Department of the Navy Approved by Cadastral Approved as to form and Legality Dated:////~-//~0;~2_. Dated: ~J~o Signe~//~~ Signed: fJerrell ~. Tomeo Shelle~, K. Simcox Assistant Counsel GRANTEE: The City of Bremerton '~-ARY BOZEMAN, MAYOR BREM£RTON CITY OF QCD STATE OF WASHINGTON COUNTY OF KITSAP On this 4~ day of 'De~,,-~¢~2002, before me personally appeared Robert K. Uhrich, known or identified to me to be the authorized agent of the United States of America, the governmental entity that executed the instrument or the person who executed the instrument on behalf of said governmental entity, and acknowledged to me that such governmental entity executed the same. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. NOTARY PUBLIC in and for the State of Washington residing at -'~ls~ I/..),4 My commission expires: ~ ~, zoos PRINT NAME: ~,q-,*~/~-~ bO. [/~,o Cc~,~- ~iS~iCe'-for Notary Seal/Stamp CITY ACKNOWLEDGMENT STATE OF WASHINGTON COUNTY OF KITSAP On this ~ day of~aa,~002, before me, the undersigned, a Notary Public in and for the State of Washington, ~luly commissioned and sworn, personally appeared Cary Bozeman to me known to be the Mayor of The City of Bremerton, the municipal corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. ~ ' IffOTARY~UBL~ itn and f~ the State'of Washington residing at My commission expires: Use this sp~VfloYlqotary Seal/Stamp BR£MERTON CITY OF QCD Exhibit "A" This legal description is based on the survey map dated June 20, 1990. All "Standard Berntsen Monuments" have Navy logo and are stamped "1990 L.S. 15661". Beginning at a found Y' brass disc monument at the center of Section 12, Township 24 North, Range 1 East, W.M., said center of said Section 12 being approximately at the intersection of the centerlines of Schley Boulevard and Twelfth Avenue; thence from said TRUE PO1NT OF BEGINNiNG S 89° 00'16" E a distance of 260.66 feet to a found 7" diameter concrete monument thence S 02° 01'25" W a distance of 314.09 feet to a standard Berntsen monument thence S 02° 01 '25" W a distance of 575.25 feet to a standard Bemtsen monument thence S 02° 01'25" W a distance of 410.12 feet to a standard Berntsen monument thence N 88° 27'57" W a distance of 260.63 feet to a standard Bemtsen monument thence S 02° 01 '25" W a distance of 250.04 feet to a standard Berntsen monument thence N 87° 58'35" W a distance of 139.80 feet to a standard Bemtsen monument thence N 29° 44'22" W a distance of 77.03 feet to a standard Bemtsen monument set 1.0 foot back of edge of sidewalk thence Along a curve with a radial beating of N 29° 44' 22" W a radius of 427.72' a delta angle of 08° 28' 14" and an arc length of 63.23' thence S 68° 43'52" W a distance of 216.26 feet thence Along a curve with a radial beating of S 21 o 16' 08" E a radius of 431.31' a delta angle of 36° 22' 15" and an arc length of 273.79' thence Along a curve with a radial bearing of S 57° 38' 23" E a radius of 651.50' a delta angle of 20° 00' 17" and an arc length of 227.47' thence S 12° 21'20" W a distance of 105.56 feet thence Along a curve with a radial bearing of S 77° 40' 53" E a radius of 461.50' a delta angle of 26° 54' 48" and an arc length of 216.78' thence S 14° 33'28" E a distance of 72.06 feet thence Along a curve with a radial beating of N 75° 26' 32" E a radius of 48.65' a delta angle of 52° 18' 50" and an arc length of 44.42' thence S 23005'29" W a distance of 43.21 feet thence S 42° 16'27" W a distance of 57.94 feet thence N 46° 4Y5Y' W a distance of 336.50 feet thence N 02° 00'24" E a distance of 343.00 feet to a standard Bemtsen monument BR£M£RTON CITY OF oeo ~6.g~9 Kitsap Co, WA thence N 02° 00'24" E a distance of 598.62 feet to a standard Bemtsen monument thence N 02° 22' 13" E a distance of 374.04 feet to a standard Berntsen monument thence N 02° 22' 13" E a distance of 396.49 feet to a standard Bemtsen monument thence N 02° 22' 13" E a distance of 538.06 feet to a standard Bemtsen monument thence S 89° 00"33" E a distance of 599.00 feet to a standard Bemtsen monument thence S 89° 00"33" E a distance of 373.17 feet to a found 3" brass disc monument and the TRUE PO1NT OF BEGINNiNG. Said area contains 48.314 acres. And a parcel described in a Statutory Deed from the City of Bremerton filed in the office of the Kitsap County Recorder in Volume 315 Page 524. The East 30 feet of the following described tract: BEGINNING at the Southeast comer of the Northeast quarter of the Northwest quarter of Section 12, Township 24 North, Range 1 East of W.M., thence North 220 feet; thence west 198 feet; thence South 220 feet; thence East 198 feet to the tree point of beginning, containing one acre more or less, except the thirty feet along South margin thereof for roadway purposes, Said area contains 0.13 acres. Subject to the following easements: Easement reserved in Civil Action 347 for public roads, granted April 15, 1941 Easement to Puget Sound Power & Light Co for a power line, granted Dec. 8, 1942 Easement to the State of Washington for a highway, granted Nov. 3, 1943 Easement to State of Washington for sidewalks, granted April 20, 1944 Easement to Puget Sound Power & Light Co for a power line, granted April 17, 1946 12/17/28@2 85:608 BR£M£RTON CITY 0g 0CD ~.0,.~ Kitsap Co, JlA