HomeMy WebLinkAbout6160977 QUIT CLAIM DEED AND AGREEMENT 041167O"%
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QUITCLAIM DEED AND AGREEMENT
The UNITED STATES OF AMERICA,, acting by and through the Administrator
of General Services, under and pursuant to the powers and authority contained in the
provisions of the Federal Property and Administrative Services Act of 1949 (63 Stat.
1
377), as amended, and the Surplus Property Act of 1944 (58 Stat. 765), as amended,
and particularly as amended by Public Law 816, 80th Congress, and regulations and
orders promulgated thereunder (hereinafter called "Grantor"), for and in consideration
of the sum of Four Thousand Two Hundred Twelve Dollars ($4, 212. 00) and in further
consideration of the continuous use and maintenance of the hereinafter described
premises as and for public park and public recreational area purposes, by the CITY
OF AUBURN, a municipal corporation of the State of Washington, (hereinafter called
"Grantee") does hereby convey and quitclaim to Grantee, and to its successors and
assigns, all Grantor's right, title and interest in and to the following described
property located in King County, Washington;
Approximately 6. 4 acres of land situated in the Northeast quarter of Section
24, Township 21 North, Range 4 East, Willamette Meridian, King County,
Washington, described as follows:
Beginning at a brass plug marking the center of Section 25, Town-
ship 21 North, Range 4 East, W. M., King County, Washington,
said monument also marking the centerline intersection of Algona
and Greenhalgh Roads, the centerline of Algona Road which bears
S. 89° 461 07" W. ; thence N. 8° 471 00" E. a distance of 50. 01
feet; thence N. 89° 461 07" E. a distance of 121. 20 feet; thence
thru a curve to the left having a radius of 603. 11 feet and a central
angle of 31° 581 55" for a distance of 336.65 feet; thence N. 57°
471 12" E. a distance of 539. 05 feet; thence N. 2° 131 01" W. a
distance of 5640. 34 feet to a concrete monument with brass insert
the true point of beginning; thence N. 87° 471 46" E. , a distance
of 1116. 88 feet to the Westerly right of way line of County Road
No. 76; thence N. 2° 121 33" W. a distance of 453. 55 feet along said
Westerly right of way line to a concrete monument with brass insert;
thence N. 53 ° 161 31" W. a distance of 602. 20 feet; thence S. 1 ° 04,
23" E. a distance of 258. 48 feet to existing cyclone fence corner;
thence S. 24° 551 39" W. a distance of 61. 50 feet; thence S. 1° 57'
58" E. a distance of 458. 21 feet; thence S. 87° 471 46" W. a distance
of 614. 90 feet; thence S. 2° 131 01" E. a distance of 60 feet to the
true point of beginning.
EXCEPT the following described parcel:
Beginning at a brass plug marking the center of Sec.
25, T. 21 N., R. 4 E., Willamette Meridian, King
County, Washington, said monument also marking the
centerline intersection of Algona and Greenhalgh Roads,
va-A(1 1 4
41°
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centerline of Algona Road which bears S. 89° 461 07"
W. ; thence N. 8° 471 00" E. a distance of 50. 01 feet;
thence N. 89° 461 07" E. a distance of 121.20 feet;
thence through a curve to the left having a radius of
603. 11 feet and a central angle of 31 ° 581 55", for a
distance of 336. 65 feet; thence N. 57° 471 12" E. a
distance of 539.05 feet; thence N. 2° 131 01" W. a
distance of 5640. 34 feet to a concrete monument with
brass inserts; thence continuing N. 2° 13' 01" W. a
distance of 60 feet; thence N. 87° 471 46" E. a distance
of 614.90 feet; thence N. 1° 571 58" W. a distance of
458. 21 feet; thence N. 24° 551 39" E. a distance of
61. 50 feet to an existing cyclone fence corner and true
point of beginning; thence along existing fence line,
N. 88° 171 15" E. a distance of 188. 7 feet to a fence
corner; thence along existing fence line S. 2° 121 03"
E. a distance of 41. 4 feet to a fence corner; thence
along existing fence line N. 88 ° 171 15" E. a distance
of 85. 0 feet to a fence corner; thence along existing
fence line S. 2° 121 03" E. a distance of 78. 0 feet, to
a fence corner; thence along an existing fence line S.
88° 171 34" W. a distance of 85. 0 feet to a fence corner;
thence along an existing fence line S. 2 ° 121 03" E. a
distance of 48. 3 feet to a fence corner; thence along an
existing fence line S. 87° 391 49" W. a distance of 192. 1
feet to a fence corner; thence along existing fence line
N. 1° 041 23" W. a distance of 169. 80 feet to a fence
corner and the true point of beginning.
TOGETHER WITH improvements EXCEPT the following to the extent
they are located thereon;
1. The `eater system.
2. The entire sanitary and storm sewer drainage system.
3. The electrical and telephone system.
4. The alarm and control lines.
RESERVING to the United States of America and its transferees and
assigns, permanent and perpetual easements for the operation,
maintenance, repair and for replacement of water, sanitary sewer,
storm sewer, power, telephone, alarm and control lines. Such
easements shall afford the United States of America and its assigns
reasonable access for the operation, maintenance, improvement,
replacement, repair, and inspection of such utility systems and lines.
SUBJECT TO an easement dated as of January 20, 1966, granted to
the City of Auburn for a road right-of-way.
SUBJECT TO an easement deed dated April 30, 1964, granted to
Puget Sound Power and Light Company for an electric transmission
line including poles, transformers and related hardware.
SUBJECT TO existing easements, if any, for roads and public utilities.
The Grantee agrees for itself, and its successors and assigns, to
retain in place all Lombardy poplar trees, locust trees and large
weeping willow trees presently growing within the parcel herein
conveyed to the City of Auburn and further agrees that none may be
removed or relocated without written permission to do so from the
General Services Administration, Public Buildings Service.
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VOL 4917 mf' 14R3
The Property was duly determined to be surplus to the needs and require-
ments of the United States of America and was assigned to the General Services
Administration for disposal pursuant to authority contained in the Federal Property
and Administrative Services Act of 1949, as amended, and applicable rules, regula-
tions and orders promulgated thereunder.
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~ By the acceptance of this deed Grantee covenants and agrees for itself, and
1.0 its transferees and assigns, as follows;
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1. The Property shall be forever continuously used and maintained as and
for public park and public recreational area purposes, in accordance with the
approved program of utilization attached hereto as Exhibit "A." and made a part
hereof, which approved program may be amended by written mutual agreement of
the Secretary of the Interior, or his successor in function, and the Grantee.
2. Biennial reports shall be filed by Grantee with the Secretary of the
Interior, or his successor in function, setting forth the use of the Property during
the preceding two-year (2-year) period, and other pertinent data establishing its
continuous use of said Property for the purposes set forth above.
3. The premises above described shall not be sold, leased, or otherwise
disposed of, except to another local governmental agency that the Secretary of the
Interior, or his successor in function, is satisfied can assure the continued use and
maintenance of the Property for public park and public recreational purposes.
4. That (1) the program for or in connection with which this deed is made
will be conducted in compliance with, and the Grantee, its successors and assigns
will comply with, all requirements imposed by or pursuant to the regulations of the
General Services Administration as in effect on the date of this deed (41 CFR Subpart
101-6. 2) issued under the provisions of Title V1 of the Civil Rights Act of 1964;
(2) this covenant shall be subject in all respects to the provisions of said regulations;
(3) the Grantee, its successors and assigns will promptly take and continue to take
such action as may be necessary to effectuate this covenant; (4) the United States
shall have the right to seek judicial enforcement of this covenant, and (5) the Grantee,
its successors and assigns will (a) obtain from each other person (any legal entity)
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who, through contractual or other arrangements with the Grantee, its successors
or assigns is authorized to provide services or benefits under said program, a
written agreement pursuant to which such other person shall, with respect to the
services or benefits which he is authorized to provide, undertake for himself the
same obligations as those imposed upon the Grantee, its successors and assigns
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by this covenant, and (b) furnish the original of such agreement to the Secretary
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of the Interior, or his successor, upon his request therefor. This covenant shall
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run with the land hereby conveyed, and shall in any event, without regard to
technical classification or designation, legal or otherwise, be binding to the
fullest extent permitted by law and equity for the benefit of, and in favor of the
Grantor and enforceable by the Grantor against the Grantee, its successors and
assigns.
5. In the event there is a breach of any of the conditions and covenants
herein contained by Grantee or its transferees or assigns, whether caused by
legal inability to perform said conditions and covenants or otherwise, all right,
title and interest in and to all of the Property, including tenements, hereditaments
and appurtenances, shall revert to and become the property of Grantor at Grantor's
election.
It is further provided that this deed is made and accepted upon the following
condition subsequent, which shall be binding upon and enforceable against the Grantee,
its successors and assigns; The program for or in connection with which this deed
is made shall be conducted in compliance with, and the Grantee, its successors and
assigns shall comply with and shall require any other person (any legal entity) who
through contractual or other arrangements with the Grantee, its successors or
assigns is authorized to provide services or benefits under said program to comply
with, all requirements imposed by or pursuant to the regulations of the General
Services Administration as in effect on the date of this deed (41 CFR Subpart 1016. 2)
issued under the provisions of Title VI of the Civil Rights Act of 1964, and the Grantee,
its successors and assigns shall promptly take and continue to take such action as
may be necessary to comply with this condition. In the event of any breach of this
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vol,4917 PnE145
condition, regardless of the cause of such breach, all right, title and interest in
and to the above described property, in its then existing condition, including all
improvements thereon, shall revert to and become the property of the United States
f11- upon demand made in writing by the Secretary of the Interior, or his successor in
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~ function.
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In the event of any reversion under this deed, the United States shall have
the immediate right of entry upon said property, and the Grantee, its successors
and assigns shall forfeit all right, title and interest in said property and in any and
all of the tenements, hereditaments, and appurtenances thereunto belonging, and
shall take such action and execute such documents as may be necessary or required
to evidence transfer of title to such property to the United States. The failure of
the Secretary of the Interior, or his successor in function, to insist upon complete
performance of any condition in any one or more instances shall not be construed as
a waiver or relinquishment of future performance thereof, but the obligations of the
Grantee, its successors and assigns, with respect to such future performance shall
continue in full force and effect.
Grantor shall have the right during the existence of any national emergency
declared by the President of the United States of America, or the Congress thereof,
(including any existing national emergency) to the full, unrestricted possession,
control and use of the Property, or any part thereof, without charge; EXCEPT THAT
Grantor shall be responsible during the period of such use, if occurring within a
period of twenty (20) years from the date of this conveyance, for the entire cost of
maintaining the Property, or any portion thereof, so used, and shall pay a fair rental
for the use of any installations or structures which have been added thereto without
Federal aid; and if such use is required afterthe expiration of a period of twenty (20)
years from the date of this conveyance, Grantor shall pay a fair rental for the entire
portion of the Property so used.
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CAM P"GE.146'
IN WITNESS WHEREOF, the Grantor has caused these presents to be
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executed as of January 20, 1966.
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STATE OF WASHINGTON)
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COUNTY OF KING )
UNITED STATES OF AMERICA
Acting by and through the
Administrator of General Services
By YV~~~~
Chief, Real Property Division
Property Management and Disposal Service
On this day of 1967, before the undersigned,
a Notary Public in and for the State of Washington, personally appeared ,
to me known to be the Chief, Real Property Division, Property
Management and Disposal Service, General Services Administration, Region 10,
and to me known to be the individual described in and who executed the foregoing
instrument and who under oath stated that he was duly authorized, empowered and
delegated by the Administrator of General Services to execute the said instrument
and acknowledged the foregoing instrument to be his free and voluntary act and deed,
acting for and on behalf of the Administrator of General Services, acting for and on
behalf of the United States of America, for the uses and purposes therein mentioned.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate above written.
Notary Public in an r the State o
~..Q~.Washington, residing at Federal Way
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voL'491 7 PPAA4 7
Excerpt from A. Comprehensive Park Plan for the, City of Auburn
1965 1980
PROPOSED PARK AND PLAYGROUND FACILITIES
Paragraph C(4)
G7
G. S. A. Park. This area, fa at acres in size, is
located adjacent to the General Service Administration
Western Headquarters. It will provide a green area
within an office-industrial complex, and provide a park-
playfield for the citizens who work and live in the area.
Proposed for final development after acquisition will be
the installation of the following improvements and
equipment:
Playground Equipment -
Swing Set
Slides
Recreational Facilities -
Tennis Courts
Lighted Softball Diamonds
Horse Shoe Pits
Lavin Bowling Green
Putting Greens
Handball Court
Picnic Equipment -
Covered Kitchen
Rest Room
Tables
Benches
EXHIBIT A
~o~ 4~~ `7 ,PAGE 148
•..ft~' .x .IJ~ .JO.'J
COMPREHENSIVE PLAN - GSA PARK
CITY OF AUBURN
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PARK DEPARTMENT
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FACILITIES PLANNED
APPROXIMATE YEAR
Sprinkler System
1966
Restrooms
1967
Lighted Softball Diamond
1968
Covered Kitchen
1969
15 Tables
1969
8 Benches
1969
2 Horse Shoe Pits
1969
Fencing - 4801 Long & 41 High
1969
2 Tennis Courts
1970
2 Swing Sets
1971
1 Slide
19,111
1 Putting Green
1971
1 Handball Court
1971
1 Bowling Green
1971
Note: Priorities and scheduled dates of
development are approximate only
and will be revised if additional
funds are available.
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Filed for Record
Request of
R08 TMORRIS, County Auditor
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FILE Request of
Return to:
A~Wres~t.A..-Smythe, Ci-*y A**-aFney
City of Auburn
S Qtr.-e# - N.W. -
Auburn, Washington 99902
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