|
APPENDIX B
<br /> CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY
<br /> The following clauses will be included in deeds effecting or recording the transfer of real property,
<br /> structures,or improvements thereon,or granting interest therein from the United States pursuant to
<br /> the provisions of Assurance 4:
<br /> NOW,THEREFORE,the U.S. Department of Transportation as authorized by law and upon the condition
<br /> that the City of Everett will accept title to the lands and maintain the project constructed thereon in
<br /> accordance with Title 23—Code of Federal Regulations,the Regulations for the Administration of
<br /> Federal-Aid Highway Program,and the policies and procedures prescribed by the Washington State
<br /> Department of Transportation of the U.S. Department of Transportation in accordance and in
<br /> compliance with all requirements imposed by Title 49,Code of Federal Regulations, U.S. Department of
<br /> Transportation,Subtitle A,Office of the Secretary,Part 21, Non-discrimination in Federally-assisted
<br /> programs of the U.S Department of Transportation pertaining to and effectuating the provisions of Title
<br /> VI of the Civil Rights Act of 1964(78 Stat.252;42 U.S.C.§2000d to 2000d-4),does hereby remise,
<br /> release,quitclaim and convey unto the City of Everett all the right,title and interest of the U.S.
<br /> Department of Transportation in and to said lands described in Exhibit A attached hereto and made a
<br /> part hereof.
<br /> (HABENDUM CLAUSE)
<br /> TO HAVE AND TO HOLD said lands and interests therein unto City of Everett and its successors forever,
<br /> subject, however,to the covenants,conditions, restrictions and reservations herein contained as
<br /> follows,which will remain in effect for the period during which the real property or structures are used
<br /> for a purpose for which Federal financial assistance is extended or for another purpose involving the
<br /> provision of similar services or benefits and will be binding on the City of Everett, its successors and
<br /> assigns.
<br /> The City of Everett,in consideration of the conveyance of said lands and interests in lands,does hereby
<br /> covenant and agree as a covenant running with the land for itself,its successors and assigns,that(1)no
<br /> person will on the grounds of race,color,or national origin, be excluded from participation in, be denied
<br /> the benefits of,or be otherwise subjected to discrimination with regard to any facility located wholly or
<br /> in part on,over,or under such lands hereby conveyed [,] [and]* (2)that the City of Everett will use the
<br /> lands and interests in lands and interests in lands so conveyed, in compliance with all requirements
<br /> imposed by or pursuant to Title 49,Code of Federal Regulations,U.S. Department of Transportation,
<br /> Subtitle A,Office of the Secretary,Part 21,Non-discrimination in Federally-assisted programs of the U.S.
<br /> Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964,and as said
<br /> Regulations and Acts may be amended [,and (3)that in the event of breach of any of the above-
<br /> mentioned non-discrimination conditions,the Department will have a right to enter or re-enter said
<br /> lands and facilities on said land,and that above described land and facilities will thereon revert to and
<br /> vest in and become the absolute property of the U.S. Department of Transportation and its assigns as
<br /> such interest existed prior to this instruction].*
<br /> (*Reverter clause and related language to be used only when it is determined that such a clause is
<br /> necessary in order to make clear the purpose of Title VI.)
<br /> B
<br />
|