Loading...
HomeMy WebLinkAbout200608110319 II~~!~!I !!!~!~! 11111111 ~/IIIIIIIIIIIIIIIIIIII ~~,o:~~; lf319 ,_N QeD.. . t,:" 1 L 'Uue: r~::: 12F' $"44 Bu I:d t::~I.' r. IJH- -- -.. _,'_I,' . When Recorded Return to: City of Bremerton 345 6tn Street, 6tn Floor Bremerton, WA 98337 Attention: Gary Sexton. Director of Economic Development Document Title: QUITCLAIM DEED Reference Number of Document Assigned or Released: Not Applicable Grantor's Name: THE UNITED STATES OF AMERICA Grantee's Name: THE CITY OF BREMERTON Abbreviated Legal Description: Parcel D: A portion of Government Lot 3 of Section 24, Township 24 North, Range 1 East, W.M., City of Bremerton, Kitsap County, WA as recorded in Volume 2 of Plats, Page 30, containing 0.30 acres more or less. Assessor's Property Tax Parcel Account Numbers: Not Applicable 2006EX07181 Tot.al : $10.00 "/11/2"~ Clerk's Init.ial _____________ N4425506RPOOZ05 KITSAP COUNTY TREASURER EXCISE QUITCLAIM DEED This Deed is made this 9th day of August, 2006, by THE UNITED STATES OF AMERICA, acting by and through the Department of the Navy (herein called "Grantor" or "USA"), in favor of THE CITY OF BREMERTON, a municipal corporation of the State of Washington (herein called "Grantee" or "City"). RECITAL This conveyance of property is made pursuant the authority granted in Section 2845 of Public Law 108-136; the National Defense Authorization Act of 2004, attached hereto as Exhibit "A". CONVEYANCE Grantor does hereby release, convey and quitclaim to Grantee, 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 thereon and appurtenances thereto (the "Property"), located in Kitsap County, Washington and described in Exhibit "B" attached hereto and incorporated herein by this reference ("City Property"), subject to the following: REPRESENTATIONS, COVENANTS AND RESTRICTIONS Subject to the following Covenants, Restrictions and Conditions that shall be binding upon and enforceable against Grantee, its successors and assigns, in perpetuity, and to the following notices: 1. Grantee agrees to accept conveyance of the Property subject to all covenants, conditions, restrictions, easements, rights-of-way, reservations, rights, agreements, and encumbrances of record or not recorded. 2. A Finding of Suitability for Transfer ("FOST") has been completed and an Environmental Baseline Survey ("EBS") is referenced in the FOST. The FOST and EBS reference environmental conditions on the Property and on the other property not subject to this Deed. Grantee acknowledges that it has received copies of the EBS and the FOST; that it is aware of the notification contained therein; and that all documents referenced therein have been made available to Grantee. 3. Except as otherwise provided herein, or as otherwise provided by law, Grantee acknowledges that it has inspected, is aware of, and accepts the condition and state of repair of the Property, and that the Property is conveyed "as is" and "where is" without any representations, promise, agreement, or warranty on the part of Grantor regarding such condition and state of repair or regarding the making of any alterations, 111'111 .111111 II I 11111" II I 11111 II II ::j;;::o~i 1~e~p9 . U TY uF BFH1EF:Tut~ oeD t44 . t)O K i t.:::.~p Co.' ~~A improvements, repairs or additions. Except for the environmental remediation that may be required to be undertaken by Grantor pursuant to paragraph 5 below, Grantee further acknowledges that Grantor shall not be liable for any latent or patent defects in the Property except to the extent required by applicable law. The recording of this deed on behalf of the Grantee shall be conclusive evidence of Grantee's acceptance of both this deed, and the condition of all property conveyed hereby. 4. Asbestos Containing Materials: A. Grantee is hereby informed and does hereby acknowledge that hazardous materials in the form of asbestos or asbestos containing materials ("ACM") have been found or are otherwise presumed to exist on the Property as disclosed and detailed in the EBS. 5. CERCLA Notices and Covenants: A. Notices: Hazardous Substances Notification. Pursuant to 42 U.S.C. S 9620(h)(3)(A), and the provisions of 40 C.F.R. Part 373, the Grantor hereby gives notice that hazardous substances were stored for one year or more, released and disposed of on the Property. The information contained in this notice is required by regulations promulgated under Section 120(h) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 U.S.C. S 9620(h). Grantor has made a complete search of the files and records concerning the Property. To the extent such information is available on the basis of said search, Grantor has disclosed and detailed in Exhibit "C" the type and quantity of such hazardous substances, the time at which such storage, release or disposal took place, to the extent that such information was available, and the remedial action taken, if any. B. Pursuant to Section 120(h)(3)(A)(ii) of CERCLA (42 U.S.C. S 9620(h)(3)(A)(ii)) Grantor covenants and warrants that: (1) all remedial action necessary to protect human health and the environment with respect to any hazardous substance identified pursuant to section 120(h)(3)(A)(i) of CERCLA and remaining on the Property has been taken before the date of this deed, and (2) the Property is conveyed with the final remedy in place per the OU-D Remedial Design and Work Plan (RDWP). The RDWP specified that neither topsoil nor vegetation be placed over the Property as it serves as an access road and would be destructive to the protective low-permeability soil. Final design requirements were coordinated with the Environmental Protection Agency. As the final remedy is in place, no further Remedial Actions are necessary by the Grantor, and (3) Any additional response or corrective action found to be necessary for the Property after the date of such transfer shall be conducted by the Navy. This covenant shall not apply to the extent that Grantee caused or contributed to any release 11111111111111111I1 111111111 CITY OF 8REMERTON 200608110319 F'.~I:~e : ::: of 1::: 08/11/2006 03:12F' !44.00 ki ts~p Co.> ~~A OCD or threatened release of any hazardous substance, pollutant, or contaminant on or onto the Property. C. Access [CERCLA 42 U.S.C. S 9620 (h)(3)(A)(iii)]. In connection with Grantor's covenant above and in connection with ongoing remediation on Grantor's property adjacent to the Property, Grantee agrees on behalf of itself, its successors and assigns, as a covenant running with the land, that Grantor, or its officers, agents, employees, contractors, and subcontractors, shall have the right, upon reasonable notice to Grantee, to enter upon the Property in any case in which a response action, or corrective action is found to be necessary at such property after the date of this deed, or such access is necessary to carry out a response action, or corrective action on adjoining property. Grantee shall not have any claim on account of such entries against the Grantor or any of its agents except as may be provided by law. 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. At the conclusion of any such entry by Grantor, Grantor shall restore the Property to the condition existing immediately prior to entry as required by applicable law. 6. Restrictive Covenant: A. This Declaration of Restrictive Covenant is made pursuant to RCW 70.105D.030(1)(f) and (g), RCW 64.040.010 and WAC 173-340-440 by the United States Department of the Navy hereafter "Navy" and the City of Bremerton. This Declaration of Restrictive Covenant is intended to be a covenant running with the title of subject property and shall be binding on all parties and all persons claiming under them, including all future owners of any portion of or interest in the Property under principles of Washington State law. B. The property that is the subject of this Restrictive Covenant is Operable Unit 0, at Naval Base Kitsap-Bremerton (NBK Bremerton) and has been the subject of a remedial actions under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 U.S.C. 9601, et seq. and Executive Order 12580. The Navy, US Environmental Protection Agency and State of Washington Department of Ecology signed a Record of Decision for OU 0 in April of 2005 at NBK Bremerton. The applicable components of the selected remedies for the conveyed portion OU 0 are: Vegetated Cap, Groundwater Monitoring, Shoreline Protection, and Institutional Controls. The Remedial Actions conducted at the property are described fully in the Final Record of Decision for Operable Unit 0 that is on file at US EPA, 1200 Sixth Avenue, Seattle, WA. C. This Restrictive Covenant is required because soil contained under the vegetated cap in OU-D exceeds Model Toxics Control Act Method B for the protection of surface water. IIII II II I 1111111111111111 III 111111111111 ::)~::~i 1~~~;p9 CITY OF BREMERTON OCD f44. 00 Ki is~p CO.' ~.JA D. Navy as holder of legal title does hereby declare that it has authority to enter into this Restrictive Covenant. Navy makes the following declarations as to limitations, restrictions, and uses to which the Property may be put. Furthermore, its is the intent of the Navy that such declarations shall constitute covenants and/or equitable servitude that run with the land, as provided by law, and be binding on all parties and all persons claiming under them, including future owners of any portion of or interest in the Property. (1) Except as otherwise provided for in this Restrictive Covenant the Owner shall not: (a) Use the Property for any uses other than recreational. Recreational use is defined as walking, viewing, nature watching, playing, entertainment, festivals, markets, concerts, museum and park food services, social activities, museum use and related activities, movies, picnicking, exercising, relaxing and all other activities reasonably associated with park, museum, and public open space usage. (b) Take or use groundwater for any purpose except monitoring. (c) Engage in any activity on the Property that may result in the release or exposure to the environment of the contaminated soil that was contained as part of the Remedial Action for OU-D, or create an new exposure pathway. Some examples of activities that are prohibited in the capped areas include: drilling, digging, place any objects or use of any equipment which deforms or stresses the surface beyond its load bearing capability, piercing the surface with a rod, spike or similar item, bulldozing or earthwork. (2) Notwithstanding any other provision of this Restrictive Covenant, Owner may engage in activities on the Property that may interfere with the Remedial Action, operation and maintenance, or monitoring provided that it obtains the prior written approval of the Environmental Protection Agency, Region X (EPA) and Washington Department of Ecology (WDOE). The Owner shall provide Navy with a copy of the written approvals. (3) In conducting construction activities on the Property the Owner shall comply with the requirements set forth in Exhibit "D". (4) The Owner shall notify the US Navy, WDOE, and EPA, or its successor agency, before any use of the Property that is inconsistent with the terms of this Restrictive Covenant. (5) The Owner shall allow authorized representatives of the US Navy, WDOE, and EPA, and/or its successor agency, the right to enter the Property at \ \\l\I\ \ll\l 1111l\1 \llll I\l IllI\ l\ll\ll~l \l\ll~~ \11\ i~r;:21;~\~~31:: CITY OF 8REMERTuN '. ,.- reasonable times for the purpose of evaluating compliance with the Restrictive Covenant, and other required plans, including the right to take samples. (6) The Owner shall restrict leases of the Property to uses and activities consistent with this Restrictive Covenant and shall notify all lessees of the restrictions on the use of the Property. (7) Conformed copies of the recorded Quitclaim Deed shall be forwarded to EPA, Region 10, Office of Regional Counsel, 1200 Sixth Avenue, ORC-158, Seattle, WA. The Owner shall include notice of this Restrictive Covenant in any instrument conveying any interest in any portion of the Property. (8) The Owner of the Property reserves the right under WAC 173-340-440 to record an instrument that provides that this Restrictive Covenant shall no longer limit the use of the Property or be of any further force or effect provided that the US Navy, EPA and WDOE have determined in writing that the restrictive covenant is no longer required to protect human health and the environment or otherwise to comply with an Applicable, Relevant and Appropriate Requirements (ARAR). (9) The Owner hereby confirms that this Restrictive Covenant is enforceable at law by the US Navy, EPA, and WDOE, all of whom shall be considered third party beneficiaries of this Restrictive Covenant. 7. In the event that Grantee fails to complete, to the satisfaction of Grantor, the East End Military Construction Credits as stipulated in Paragraph 2.1 of Real Estate Purchase and Sale Agreement N4425506RPOOZ02, Parcel D, conveyed herein, shall revert to Grantor free of any cost or obligation whatsoever. 8. Grantee Covenants for itself, its heir, successors, and assigns and every successor in interest to the Property hereby conveyed, or any part thereof, that the said Grantee and such heirs, successors, and assigns shall not discriminate upon the basis of race, color, religion, or national origin in the practices conducted thereon. This covenant shall not apply, however, to the lease or rental of a room or rooms within a family dwelling unit; nor shall it apply with respect to religion to premises used primarily for religious purposes. The United States of America shall be deemed a beneficiary of this covenant without regard to whether it remains the owner of any land or interest therein in the locality of the property hereby conveyed and shall have the sole right to enforce this covenant in any court of competent jurisdiction. GRANTOR: UNITED STATES OF AMERICA By'11UtAA.Q ~ MICHAEL D. BRADY Real Estate Contracting Officer Naval Facilities Engineering Command Northwest "'"/ ,11111111 III 11111111111II II I II " I II ::J:;::,~: W~:p9 LI T r uF E:F.:D1EPTutJ CiCD t44 . Ot) Kit, s.~p Co.' ~.jA STATE OF WASHINGTON) ) ss. COUNTY OF KITSAP ) ~ On this q day of /J.vq JS~ 2006, before me personally appeared Michael D. Brady, 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. Date: !,~,:;f1 4vqu s<' 2,00 & ; "'~f:~(U~:~{~t:~,.'Ji~,~ : f"':ff,~N'\.~;'h' ' } :'i:1r'il ~"~' ~, \..\\l,mlllll/;:,;"....:/ . ."",11I, " ,~_;~1 l~G ~J,/:"~'" ' ',1' ',' "'" ':;~ 'IJ>>.> ''''4' Y 'i i. " . ~~~~,.~~)'~;~on"tl~ G,G~..:;' tf~?j'.~~~; ,~-?~.~~.., '\.~'';}lOJ:t ~Q~(l.'{';A~:~ .~~ ,~:/i/ ,,s. .,,.,."",'\ ,:",:;,"0. 'r~,~ ~~, . ~. \.'}.1,'~'~ ~~r, 11' t.J 6 ~-lii t-...:..-~ ~ 1;1;,",' ,- , . ~ :~. ~~ , ~.,,,<..,,~," ~; ~ ~;j ~ .. 0, " ,,~ fi:J, 'Jr:\ I ,.... ".' 0 'G ;;. ~":~> ~ ".:,,~, f;J ~ ,....t V oQ ..':--:.., z...: ~, 'J;,~ 000 ~~~" Ci r/!I eCt'~;'.~ . : ~ (I' 000" .ff..........~.:".Q \:; ....~... : '''''1' 0 t:' 0...... J \\) ,,;., .' ,'1." 'I' [1 (J., S \, ",.\'- . I' .'\\' ;ii 'f~~~i6Ilt;" ,t{It!~~'.;thisX~pgq~ ,for Notary Seal/Stamp ,'(,:'~:~'::~'1;"\;~,,. , ~j I'..~~:).~' ",' ,-<it;, ' , ,'. '. "\l /I;l~:~' '. . e~~V~(l NOTARY PUBLIC in and for the State of Washington residing at ~J\sho , v-.J 4 My commission expires: m~t.t.L ~ 'l-oOq PRINT NAME: (l ~'C") vJ V~ C LEfl-<J(i 111111111111 1111111 11111111 11111 1111111111 1111111111111 ;~,O~,~~l W3 _19 CI T'i OF BRErlEPTnt.j - . ~'~" 1 L c.~~~Jb lU 1cP . . - U1.D :f44 Ot) f'1 ts~p 1.0.. I.JA EXHIBIT" A" SEC. 2828. LAND CONVEYANCE, PUGET SOUND NAVAL SHIPYARD, BREMER TON, WASHINGTON. (a) CONVEYANCE AUTHORIZED- The Secretary of the Navy may convey to the City of Bremerton, Washington (in this section referred to as the 'City'), all right, title, and interest of the United States in and to a parcel of real property, including any improvements thereon, consisting of approximately 2.8 acres at the eastern end of the Puget Sound Naval Shipyard, Bremerton, Washington, immediately adjacent to the Bremerton Transportation Center. (b) CONSIDERATION- As consideration for the conveyance under subsection (a), the City, directly or through an agreement with another entity, shall replace administrative space on the parcel to be conveyed by renovating for new occupancy approximately 7,500 square feet of existing space in Building 433 at Naval Station, Bremerton, Washington, at no cost to the United States, in accordance with plans and specifications acceptable to the Secretary. In lieu of any portion of such renovation, the Secretary may accept other facility alteration or repair of not less than equal value. (c) PAYMENT OF COSTS OF CONVEY ANCE- (1) The Secretary shall require the City to cover costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a), including survey costs, costs related to environmental documentation, and other administrative costs related to the conveyance. If amounts are collected from the City in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the City. (2) Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover the costs incurred by the Secretary in carrying out the conveyance. Amounts so credited shall be merged with amounts in such fund or account, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account. (d) ENVIRONMENTAL CONDITIONS- The Secretary may use funds available in the Environmental Restoration Account, Navy to carry out the environmental remediation of the real property to be conveyed under subsection (a). Such environmental remediation shall be conducted in a manner consistent with section 120 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620), including the requirement to consider the anticipated future land use of the parcel. (e) EXEMPTION FROM FEDERAL SCREENING- The conveyance authorized by subsection (a) is exempt from the requirement to screen the property for other Federal use pursuant to sections 2693 and 2696 of title 10, United States Code. (f) DESCRIPTION OF PROPERTY- The exact acreage and legal description of the real property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary. \ \~n\\U~\n~\\Un~\\~\\~\\ ~~,~ ~~:~t~i J ,:: en'!' Or BREJ\tJJ\J\\ - EXHIBIT "A" (g) ADDITIONAL TERMS AND CONDITIONS- The Secretary may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States. lUll UIU 1111lI! UIlI 111111\\ llllUI III UIIl 1111 111\ ~:~fl~2~?\~31:p9 . 'Y'O !44 tjtj k 1 t =,;1~.' L,u! ~jH CI TV OF 8REt1ERTuH "'.' ' EXHIBIT B PARCEL D -- W SECOND STREET :J pZ,---- wf~~1 II in <(I o " ~ C'lO I") --I :- I ~LL ~ ~ol ~ <(I C'lQ. I J5' L___ ~ FIRST STRE S88'24'32"E _ 149.02'(M) ~149'(PLAT) ,--- I FD 3" BRASS DISC W/X' 1 DO'Mol IN 1 MON CASE 1 BLOCK 12 1 1 1 --_J 35' ~ N88'24'32"W ~ 149.00'(~ PLAT) --- FD 3" BRASS DISC WfX' IN MON CASE EXPIRES t:// $!, z.oo<- CURVE TABLE DELTA RADIUS 7'06'08" 103.00' 2S'01'4O" 110.00' CURVE CS C6 BLOCK 9 SCALE IN FEET 1" = 100' FD 3" SURFACE BRASSlE STAMPED "& PACE 23612" S01'36'S7"W r 3S.00' 1______- 14.00' BLOCK 10 ~ b . ~~ 10 . !'> CD ~ 0 o ~ II) FD 3" BRASS DISC STAMPED "PSNS2 1994 LS15661" 0.3' DO'Mol IN MON CASE LENGTH 26.28' 3.60' 38.79' 36.72' 46.0S' 4S.8S' 61.0S' LENGTH 12.77' 48.0S' .- '" D DAVID EVANS AND ASSOCIATES INC. 3700 Pacific Hwy. East, Slite 311 Tacoma WlllllWllton 98424 Phone: 253.922.9780 P'\E\ExeIOOOO-0009\0300C:Qdd\330svdwg\ExeIOOOO-0009 A- D-EXHIBIT,awg 01-31-06 1111111111111111 111111 C I Tl" OF BF.H1ERTot~ OeD t44 . 88 200608110319 hqe · W of n O~) 11 i'200E; OJ · 12P K it s~p Co.' l.IA PARCEL D PORTIONS OF THE PLAT OF "TOWN OF BREMERTON", RECORDED IN VOLUME 2 OF PLATS, PAGE 30, AND GOVERNMENT LOT 3 SECTION 24, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., SITUATE WITHIN THE CITY OF BREMERTON, KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS; COMMENCING AT A CASED MONUMENT AT THE INTERSECTION OF FIRST STREET AND PACIFIC AVENUE; THENCE SOUTH 88024'32" EAST ALONG THE CENTERLINE OF SAID FIRST STREET 149.02 FEET TO A BRASS MONUMENT; THENCE SOUTH 01036'57" WEST 35.00 FEET TO THE SOUTHERLY RIGHT-OF-WAY MARGIN OF SAID FIRST STREET; THENCE NORTH 88024'32" WEST ALONG SAID SOUTHERLY MARGIN 14.00 FEET TO THE WESTERLY LINE OF THE ALLEY IN BLOCK 10 OF SAID PLAT; THENCE SOUTH 01035'20" WEST ALONG SAID WESTERLY LINE 108.35 FEET TO A BRASS MONUMENT STAMPED PSNS2; THENCE SOUTH 38018'20" EAST 26.28 FEET; THENCE SOUTH 60033'18" WEST 3.60 FEET; THENCE SOUTH 29023'31" EAST 38.79 FEET; THENCE SOUTH 60045'58" WEST 36.72 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 29014'02" EAST 210.48 FEET; THENCE SOUTH 60045'58" WEST 61.05 FEET; THENCE NORTH 29014'02" WEST 197.92 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE EAST FROM WHENCE ITS CENTER BEARS NORTH 60045'58" EAST 110.00 FEET DISTANT; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE 48.05 FEET THROUGH A CENTRAL ANGLE OF 25001 '40" TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE SOUTHWEST FROM WHENCE ITS CENTER BEARS SOUTH 85047'38" WEST 103.00 FEET DISTANT; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE 12.77 FEET THROUGH A CENTRAL ANGLE OF 07006'08"; THENCE SOUTH 29014'02" EAST 45.85 FEET; THENCE NORTH 60045'58" EAST 46.05 FEET TO THE POINT OF BEGINNING. CONTAINING 13,229 SQUARE FEET OR 0.30 ACRES, MORE OR LESS. 01. "31 Z.CD~ I {'IIJI!!!!",q/mp liP ~~06~f.;/ ~319 tt.o $""4 t~,:,/ 11 ,."'",,, _' 1.:- "t' &. .' , .. C""'iF - - - ,Ci 1:,1 t S:ifJ l~,;:' I.IA tI::. 1 c'P ...-) ~ -< -c Co .." CD /0 r'"l ~ /0 -< ~ Eo <C' , = 11: ~ = (2:1 :::-::: (ZI -0 _.co ~. -:-+- -"._IU If I .......... 1'[1 I~~ p.5 I~IIZI .......... I CI IZI rl.,) '- I:r:. J\.) , o o (J) o CO '-1 ---L. .+:. ---L. ~'Zl (...::. (...::. - rt.::. -0 HWIHS DEED NOTIFICATION, LAND TRANSFER OU D BREMERTON, WASHINGTON U.S. Navy Engineering Field Activity, Northwest Contract No. N44255-02-D-2008 Delivery Order 0009 Section x.x Revision No.: 0 Dale: 12/05/05 Page x-x EXHIBIT "C" Table x-x Summary of HW IHS Deed Notification Land Transfer au D o w -" 1,1 ,2-trichloro-1 ,2,2-trifluoroethane 79-34-5 197 435 NA NA NA 1,1,2-trichloroethane 71-55-6 0 1 45.4 100 NA 1-propanol 71-23-8 9 20 2270 5000 NA Acetic Acid 64-19-7 IS 32 2270 5000 NA Acetone 67-64-1 181 399 2270 5000 NA Ammonium Hydroxide 1336-21-6 lJO 287 454 1000 NA Arsenic Trioxide, grams 1327-53-3 0 1 0.454 1 NA Benzene 71-43-2 2 4 4.54 10 NA Cadmium Oxide 7440-43-9 0 1 4.54 10 NA Carbon DisuHide 75-15-0 2 5 45.4 100 NA Ethy1 Alcohol 64-17-5 7 16 454 1000 NA Ethylene Glycol 107-21-1 9 20 2270 5000 NA Formaldehyde 5O.{)Q.() 8 18 45.4 100 NA Hexane 110-54-3 504 1111 2270 5000 NA Hydrazine 302-01-2 0 1 0.454 1 NA Hydrochloric Acid 7647-01-0 84 186 2270 5000 NA Hydrofluoric Acid 7664-39-3 3 6 45.4 100 NA Hydrogen Peroxide 7722-84-1 40 89 4.54 10 NA OUD OUD S 78-83-1 25 NA NA NA 1938-2003 lso-octane 56 lsoprooyl Alcohol 67-63.:0 47 104 NA NA NA Methyl Alcohol 67-56-1 124 - 274 2270 5000 NA Methyl Ethyl Ketone 78-93-3 18 40 2270 5000 NA Methylene Chloride 75-09-2 331 730 454 1000 NA n-Butyl Alcohol 35296-72-1 1 3 2270 5000 NA Nitric Acid 7697-37-2 295 651 454 1000 NA m-Xylene 108-38-3 0 1 454 1000 NA o-Xylene 9547-6 0 1 454 1000 NA p-Xyleoo 106-42-3 2 5 45.4 100 NA Perchloric Acid 14797-73-0 1 3 45.4 100 NA Petroleum Ether 8032-32-4 126 278 NA NA NA Phenol, grams 108-95-2 0 1 454 1000 NA Phosphoric Acid 7664-38-2 9 19 2270 5000 NA Potassium Cyanide, nrams 74-90-8 0 1 4.54 10 NA Sodium Cvanide, lb. 143-33-9 1 3 4.54 10 NA SuHuric Acid 7664-93.9 82 181 454 1000 NA Toluene 108-88-3 23 50 454 1000 NA Xylene 1330-20-7 8 18 45.4 100 NA <.0 W:\50703\OJ04.04t \SUMMARY or H',\'--HS DEED Nm1FICt\1l0N EXHIBIT "D" CONSTRUCTION REQUIREMENTS 1. Native soil (soil not imported and located under the protective remedy) should be managed such that it does not destroy the integrity of and or contaminate the protective remedy. 2. The construction site should managed such that water (natural or anthropogenic) in contact with the native soil does not migrate off site or cause additional groundwater flow. Dust should be suppressed, leachate collected and treated, and storm water runoff directed to prevent contact with the native soil. If during construction water must come in contact with the native soil it should be collected and stored for analysis and treatment. Specifically, water accumulating within an excavation should be collected and water should not be directed into a trench for containment and allowed to charge the surrounding soil (recharge the groundwater more than remedy naturally allows). 3. Imported soil shall be sampled to insure it is clean. 4. Soil shall not be exported offsite except for disposal. Soil to be disposed of shall be designated per the requirements set forth in the WAC dangerous waste. 5. Excavated soil to be reused onsite or designated for disposal should be stockpiled per the following requirements: a. Soil will be accumulated as near to the excavation as practicable b. An impervious sheet of plastic that has a minimum thickness of 10 mil will underlie the soil. c. A containment berm will be constructed around the stockpile using clean coarse aggregate or eco-blocks to the stockpile underlain impervious layer. The berm will be constructed to prevent water from running under and prevent leachate from the stockpiled soil from discharging. If the soil is moist enough that leachate has formed, a leachate collection system within the bottom layer of the soil must be placed between the stockpiled soil and the bottom impervious layer. d. The edges of the underlay plastic for the pile must be laid over the top of the berm and secured to prevent water from running under the soil stockpile. e. An impervious continuous sheet of plastic of minimum thickness of 10 mil will be placed over the stockpile and the outside of the berm to direct run-on away from the stockpile. f. The stockpile cover will be secured to ensure protection from wind. g. The stockpile will be covered and secured at all time except when adding or removing soil or taking samples. h. The stockpile covers will be inspected daily to ensurethat the plastic is covering the stockpile and there is no run-on and run-off the stockpile. "1111111111'111'111 II 11"111"" 11111111111 !:~;;:~!, :j1Z3~:p9 L.I n uF 8REr'1EF.:TOt~ QeD :f44 . 00 ~:: it :::.~p Co) ~.JA .. ~venue REAL ESTATE EXCISE TAX AFFIDAVIT PLEASE TYPE OR PRINT CHAPTER 82.45 RCW - CHAPTER 458-61A WAC when stamped by cashier. TUlS AFFlDA VIT WILL NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FULLY COMPLETED (See back of last page for instructions) If multi Ie owners list This form is your receipt C>:: C>::o ""E- -lZ tiJ~ "'0 Department of the Navy Mailing Address 1101 Tautog Circle City/State/Zip Silverdale, WA 98315-1101 Phone No. (including area code) (360) 396-0908 "" C>::"" ""E- >-Z ;:J~ (00 Financial Services Mailing Address 345 6th St. Suite 600 City/State/Zip Bremerton, WA 98337 Phone No. (including area code) (360) 473-5296 Send all property tax correspondence to: 0 Same as Buyer/Grantee List all real and personal property tax parcel account numbers - check box if personal property Parcel 0 Assessor to Assign Account Nos. List assessed value(s) Mailing Address City/State/Zip Phone No. (including area code) o nl n o Name II Street address of property: This property is located in 0 unincorporated o Check box if any of the listed parcels are being segregated from a larger parcel. Legal description of property (if more space is needed, you may attach a separate sheet to each page of the affidavit) Attached Legal Description for Parcel s} County OR within 0 city of Bremerton Enter Abstract Use Categories: 10 - Other List all personal property (tangible and intangible) included in selling price. (See back of last page for instructions) YES NO Is this property exempt from property tax per chapter 84.36 RCW (nonprofit organization)? o o If claiming an exemption, list WAC number and reason for exemption: WAC No. (Section/Subsection) 458-61A-206 YES NO Is this property designated as forest land per chapter 84.33 RCW? 0 Is this property classified as current use (open space, farm and 0 agricultura~ or timber) land per chapter 84.34? Is this property receiving special valuation as historical property 0 per chapter 84.26 RCW? If any answers are yes, complete as instructed below. (1) NOTICE OF CONTINUANCE (FOREST LAND OR CURRENT USE) NEW OWNER(S): To continue the current designation as forest land or classification as current use (open space, farm and agriculture, or timber) land, you must sign on (3) below. The county assessor must then determine if the land transferred continues to qualifY and will indicate by signing below. If the land no longer qualifies or you do not wish to continue the designation or classification, it will be removed and the compensating or additional taxes will be due and payable by the seller or transferor at the time of sale. (RCW 84.33.140 or RCW 84.34.108). Prior to signing (3) below, you may contact your local county assessor for more information. o o Reason for exemption Government Transfer o Type of Document Quit Claim Deed Date of Document This land 0 does 0 does not qualify for continuance. *Delinquent Interest: I Gross Selling Price $ * Personal Property (deduct) $ Exemption Claimed (deduct) $ Taxable Selling Price $ Excise Tax: State $ Local $ $ $ $ $ $ $ $ 0.00 0.00 0.00 Seattle 0.0050 State Local *Delinquent Penalty Subtotal 0.00 5.00 DEPUTY ASSESSOR DATE (2) NOTICE OF COMPLIANCE (HISTORIC PROPERTY) NEW OWNER(S): To continue special valuation as historic property, sign (3) below. If the new owner(s) do not wish to continue, all additional tax calculated pursuant to chapter 84.26 RCW, shall be due and payable by the seller or transferor at the time of sale. (3) OWNER(S) SIGNATURE *State Technology Fee * Affidavit Processing Fee Total Due 10.00 A MINIMUM OF $10.00 IS DUE IN FEE(S) AND/OR TAX *SEE INSTRUCTIONS PRINT NAME 11'1 CERTIFY UNDER PSAL'[ OF PERJURY THAT THE FOREGOING IS TRUE A~~.ORRECT' Signature of ~ Signature of .' Grantor or Grantor's Agent me- tlNIre-b .sm-7C~ AI6JCA Grantee or Grantee's Agent . Name (print) Michael D. Brady, Real Estate Contracting Officer Name (print) City of Bremerton . ~/1D It:? t Date & city of signing: Silverdale, WA Date & city of signing: 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 fme (RCW 9A.20.020 (l C)). REV 84 OOOlae (a) (07111/06) THIS SPACE - TREASURER'S USE ONLY COUNTY TREASURER .. PARCEL D PORTIONS OF THE PLAT OF "TOWN OF BREMERTON", RECORDED IN VOLUME 2 OF PLATS, PAGE 30, AND GOVERNMENT LOT 3 SECTION 24, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., SITUATE WITHIN THE CITY OF BREMERTON, KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS; COMMENCING AT A CASED MONUMENT AT THE INTERSECTION OF FIRST STREET AND PACIFIC AVENUE; THENCE SOUTH 88024'32" EAST ALONG THE CENTERLINE OF SAID FIRST STREET 149.02 FEET TO A BRASS MONUMENT; THENCE SOUTH 01036'57" WEST 35.00 FEET TO THE SOUTHERLY RIGHT-OF-WAY MARGIN OF SAID FIRST STREET; THENCE NORTH 88024'32" WEST ALONG SAID SOUTHERLY MARGIN 14.00 FEET TO THE WESTERLY LINE OF THE ALLEY IN BLOCK 10 OF SAID PLAT; THENCE SOUTH 01035'20" WEST ALONG SAID WESTERLY LINE 108.35 FEET TO A BRASS MONUMENT STAMPED PSNS2; THENCE SOUTH 38018'20" EAST 26.28 FEET; THENCE SOUTH 60033'18" WEST 3.60 FEET; THENCE SOUTH 29023'31" EAST 38.79 FEET; THENCE SOUTH 60045'58" WEST 36.72 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 29014'02" EAST 210.48 FEET; THENCE SOUTH 60045'58" WEST 61.05 FEET; THENCE NORTH 29014 '02" WEST 197.92 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE EAST FROM WHENCE ITS CENTER BEARS NORTH 60045'58" EAST 110.00 FEET DISTANT; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE 48.05 FEET THROUGH A CENTRAL ANGLE OF 25001 '40" TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE SOUTHWEST FROM WHENCE ITS CENTER BEARS SOUTH 85047'38" WEST 103.00 FEET DISTANT; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE 12.77 FEET THROUGH A CENTRAL ANGLE OF 07006'08"; THENCE SOUTH 29014'02" EAST 45.85 FEET; THENCE NORTH 60045'58" EAST 46.05 FEET TO THE POINT OF BEGINNING. CONTAINING 13,229 SQUARE FEET OR 0.30 ACRES, MORE OR LESS.