HomeMy WebLinkAbout200710110379
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, BREMER TON CITY OF 20071011037--9 ---
I Q10UjIt ClaIm Deed Ree Fee' $ 55 00
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When Recorded Return to:
City of Bremerton
345 6m Street, 6m Floor
Bremerton, WA 98337
Attention: Gary Sexton. Director of EC,onomic 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 C: 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 0.25 acres more or less.
Assessor's Property Tax Parcel Account Numbers: Not Applicable
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1. Grantee agrees to accept conveyance of the Property subject to all covenants, ! N: 5::::;
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QUITCLAIM DEED
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This Deed is made this ~ day of 7rJ~ ,2007, by THE UNITED
STATES OF AMERICA, acting by and throu 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:
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.
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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, /
, KITSAP COUNTY TREASURER EXCISE . . '1'0/11/2007 f'i-..,
. 2007EX07606 vU
Total: $10.00 Clerk's Initial -------------
'------. --. - .
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
BREMERTON CITY OF . . . - -.. ~. .
QuIt Claim Deed R F 200710110379
10/11/2007 03:29 ~M ee: $ 55 00
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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
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 (MTCA) Method B for the
protection of surface water.
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BREMERTON CITY OF 200710110379
Quit Claim Deed Ree Fee' $ 55.00
10/11/2007 03:29 PM Page' 4 of 16
i Karen Flynn, Kitsap Co Auditor
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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, it is the intent of
the Navy that such declarations shall constitute covenants and/or equitable seNitude
that run with the land, as provided by law, and be binding on all parties a,nd 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
seNices, 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) 60 days prior to execution of work. The
Owner shall provide Navy with a copy of the written approvals within 30 days of receipt.
(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,
-- CITY~F 200710110319
BREMERTONo d Ree Fee: $ 55.00 Page' 5 of 16
Quit Claim ee
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WDOE, and EPA, and/or its successor agency, the right to enter the Property at
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,
W A. 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, EP A, and WDOE, all of whom shall be considered
third party beneficiaries of this Restrictive Covenant.
7. Historic Preservation Covenant:
A. This Declaration of Historic Preservation Covenant is made pursuant to the
Memorandum of Agreement Between Puget Sound Naval Shipyard and Intermediate
Maintenance Facility, The City of Bremerton, The Washington State Historic
Preservation Office, and the National Park Service Regarding the Transfer of
Ownership of Building 50 and Submitted to the Advisory Council on Historic
Preservation Pursuant to 36 C.F.R. 800.10. This Declaration of Preservation 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 Preservation Covenant is former
Building 50 located upon Parcel C.
C. Grantee hereby covenants on behalf of itself, its heirs, successors, and
assigns at all times to the Washington State Historic Preservation Office (SHPO) and the
National Park Service (NPS) to preserve and maintain the former Building 50 in a manner
that preserves the building in accordance with the recommended approaches in the
Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating
Historic Buildings (36 CFR 67) in order to preserve and enhance those qualities that
make Building 50 a national landmark property.
BREMERTON CITY OF 200710110379
Quit Claim Deed Reo Fee: $ 55 00
10/11/2007 03.29 PM Page 6 of 16
Karen Flynn, Kitsap Co Auditor
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(1) No construction, alteration, remodeling or any other work shall be
undertaken or permitted to be undertaken or permitted to be undertaken at the former
Building 50, other than minor repairs and routine maintenance, without the express prior
written permission of the NPS and the Washington SHPO, signed by those individuals or
a fully authorized representative thereof.
(2) The Washington SHPO and the NPS, or a fully authorized
representative thereof shall be permitted at all reasonable times to inspect the former
Building 50 in order to ascertain if the above conditions are being observed. Prior to said
inspection, proper written notification of intent to inspect will be issued to the Grantee.
(3) This covenant is binding on the Grantee, its heirs, successors and
assigns in perpetuity. Restriction, stipulations, and covenants contained herein shall be
incorporated into any deed or other legal instrument by which she/he/they/it divests
her/him/themselves/itself of either the fee simple title or any other lesser estate in the
former Building 50 or any part thereof.
(4) The failure of the Washington SHPO to exercise any right or remedy
granted under this instrument shall not have the effect of waiving or limiting the exercise
of any other right or remedy or the use of such right or remedy at any other time.
(5) The Washington SHPO reserves the right to assign its responsibilities
"under this covenant to a third party. The third party may be, but is not limited
to another Government entity or a non-profit organization.
D. Should the Washington SHPO or the NPS object to any plans provided by its
review pursuant t this agreement, the Grantee shall consult with the Washington SHPO
and the NPS to resolve the objection. The responsibility of the Grantee to carry out all
actions under this agreement that are not subjects of this dispute remain unchanged.
8. 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 C, conveyed herein, shall revert to
Grantor free of any cost or obligation whatsoever.
9. 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.
BREMERTON CITY OF 200110110319
Quit Claim Deed Ree Fee: $ 55.00 Page' 7 of 16
10/11/2007 03:29 PM. .
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GRANTOR:
UNITED STATES OF AMERICA
BY~~
MICHAEL D. BRADY
Real Estate Contracting Officer
Naval Facilities Engineering Command Northwest
EXHIBITS
Exhibit "A" - Public Law 108-136, Section 8143, Department of Defense Appropriation
Act of 1 999
Exhibit "B" - Legal Description of City Property
Exhibit "C" - CERCLA 12(h) Notice
Exhibit "D" - Construction Requirements
BREMERTON CITY OF 200710110379
Quit Claim Deed Ree Fee: $ 55.00
10111/2007 03:29 PM
Karen Flynn, Kitsap Co Ruditor
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Page: 8 of 16
STATE OF WASHINGTON)
) ss.
COUNTY OF KITSAP )
On this 17.p.. day of fYl~ 2007, 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.
Dal~~: Pl~ 17,2001
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NOTARY PUBLIC in and for the State of
Washington residing at ~.A.s60, (,IJA
My commission expires: M~Gk '1 t z.ooq
PRINT NAME: CHtIIt/../e') "-' VIHoJ de~e
Use this space f~fNotary Seal/Stamp
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BREMERTON CITY OF
QUI t Claim Deed Reo F 200710110379
10/11/2007 03:29 PM ee. $ 55.00
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EXHIBIT "A"
SEC. 2828. LAND CONVEYANCE, PUGET SOUND NAVAL SHIPYARD,
BREMERTON, 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 CONVEYANCE- (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.
BREMERTON CITY OF 200710110379
Quit Claim Deed Ree Fee: $ 55.00
10/11/2007 03:29 PM Page: 10 of 16
Karen Flynn, Kitsap Co Auditor
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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.
BREMERTON CITY OF 200710110379
Quit Claim Deed Ree Fee. $ 55.00 P . 11 of 16
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L2 S29'4'24"E 44.17' I
L5 SOl'3S'20"W 21.11'
L6 538'8'20"E 26.28'
L7 S60'33'18"W 3.60'
L8 529'23'31"E 38.79'
L11 N29'4'02"W 45.8S'
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BREMER TON CITY OF 200710110379
Quit Claim Deed Ree Fee. $ 55 00
10/11/2007 03:29 PM .
Karen Flynn, Kitsap Co Auditor Page: 12 of 16
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PARCEL C
THAT PORTION OF THE PLAT OF "TOWN OF BREMERTON", RECORDED IN VOLUME 2 OF
PLATS, PAGE 30, SITUATE WITHIN GOVERNMENT LOT 3 OF SECTION 24, TOWNSHIP 24
NORTH, RANGE 1 EAST, W.M., 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 0 1 035'20" WEST ALONG SAID WESTERLY LINE 87.24 FEET TO THE POINT OF
BEGINNING;
THENCE CONTINUING SOUTH 01035'20" WEST ALONG SAID WESTERLY LINE 21.11 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 82.77 FEET;
THENCE NORTH 29014'02" WEST 45.85 FEET TO THE BEGINNING OF A NON-TANGENT
CURVE CONCAVE TO THE SOUTHWEST FROM WHENCE ITS CENTER BEARS SOUTH
78041 '30" WEST 103.00 FEET DISTANT;
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE 32.22 FEET THROUGH A CENTRAL
ANGLE OF 17055'33" TO THE BEGINNING OF A COMPOUND CURVE CONCA VB TO THE
SOUTHWEST FROM WHENCE ITS CENTER BEARS SOUTH 60045'58" WEST 150.00 FEET
DISTANT;
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE 50.45 FEET THROUGH A CENTRAL
ANGLE OF 19016'18";
THENCE NORTH 60046'07" EAST 96.34 FEET;
THENCE SOUTH 29014'24" EAST 44.17 FEET TO THE POINT OF BEGINNING.
CONTAINING 10,870 SQUARE FEET OR 0.25 ACRES, MORE OR LESS.
EXPIRES
PI '3/ ~OC\:Q
-
BREMERTON CITY OF 200110110379
Quit Claim Deed Reo Fee: $ 55.00 Page: 13 of 16
10/11/2007 03.29 PM .
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HWIHS DEED NOTIFICATION, LAND 1RANSFER ou D
BREMERTON, WASHINGTON
U.S. Navy Engmeenng Field ACtiVlty, Northwest
Contract No. N44255-02-D-2008
Dehvery Order 0009
Section XX
Revlsion No: 0
Date: 12/05/05
Page x-x
EXHIBIT "C"
Table X-X
Summary ofHWIHS Deed Notification
Land Transfer OU D
\
, .'
. .
.<;. ,~:;:
1,1,1-trichloroethane - 3 6 454 1000 NA
1 ,1 ,2-trichloro-l ,2,2-tnfluoroethane 79-34-5 197 435 NA NA NA
1,1,2-trichloroethane 71-55-6 0 1 45.4 100 NA
I-propanol 71-23-8 9 20 2270 5000 NA
Acetic Acid 64-19.7 15 32 2270 5000 NA
Acetone 67-64-1 181 399 2270 5000 NA
Ammonium Hydroxide 1336-21-6 130 267 454 1000 NA
Arsenic Trioxide, grams 1327-53-3 0 1 0.454- 1 NA
Benzene 71-43-2 2 4 454 10 NA
Cadmium Oxide 7440-43-9 0 1 4.54 10 NA
Carbon DlsuHide 75-15-0 2 5 45.4 100 NA
Ethyl Alcohol 64-17-5 7 16 454 1000 NA
Ethylene Glycol 107-21-1 9 20 2270 5000 NA
Formaldehyde 50-00-0 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-o1~ 84 186 2270 5000 NA
Hydrofluoric Acid 7664-39-3 3 6 45.4 100 NA
Hydrogen PeroXIde n22-84-1 40 89 4.54 10 NA
OUD OUD S lso-octane 78-83-1 25 56 NA NA NA 1938-2003
Isopropyl 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-Q9-2 331 730 454 1000 NA
n-Butyl Alcohol 35296-72-1 1 3 2270 5000 NA
NllricAcid 7697-37-2 295 651 454 1000 NA
m-Xyleoo 108-38-3 0 1 454 1000 NA
o-Xyleoo 95-47-6 0 1 454 1000 NA
p-Xyleoo 106-42-3 2 5 45.4 100 NA
Perchlonc 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, grams 74-90-8 0 1 4.54 10 NA
Sodium Cyanide, lb. 143-33-9 1 3 4.54 10 NA
Suffunc Acid 7664-93-9 82 181 454 1000 NA
Toluene 1 08-88-3 23 50 454 1000 NA
Xylene 1330-20-7 8 18 45.4 100 NA
W.\50703\0304.041\SUMMARY OF HW-HS DEEJ N0TIF1CAll0N
EXHIBIT 0
CONSTRUCTION REQUIREMENTS
1.) Native soil (soil not imported and located under the protective remedy) shall be
managed such that it does not destroy the integrity of and or contaminate the
protective remedy.
2.) The construction site shall be 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 Chapter 173-303, WAC,
Dangerous Waste Regulations. 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 ensure that the plastic is covering
the stockpile and there is no run-on and run-off the stockpile.
//---- ._~~-----~--- -- - --.---- --- ------
BREMERTON CITY OF 200710110379
I Quit Claim Deed Ree Fee: $ 55.00
10/11/2007 03 29 PM Page 15 of 16
Karen Flynn, Kitsap Co Auditor
1111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111
EXHIBIT 0
CONSTRUCTION REQUIREMENTS
1.) Native soil (soil not imported and located under the protective remedy) shall be
managed such that it does not destroy the integrity of and or contaminate the
protective remedy.
2.) The construction site shall be 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. Clean is defined as soil
meeting WAC 173-340-740 Unrestricted land use soil cleanup standards.
4.) Soil shall not be exported offsite except for disposal. Soil to be disposed of shall
be designated per the requirements set forth in Chapter 173-303, WAC,
Dangerous Waste Regulations. 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 times except when adding or
removing soil or taking samples.
h. The stockpile covers will be inspected daily to ensure that the plastic is covering
the stockpile and there is no run-on and run-off the stockpile.
BREMERTON CITY OF 200710110379
Quit Claim Deed Ree Fee. $ 55.00
10/11/2007 03:29 PM Page 16 of 16
Karen Flynn, Kitsap Co Auditor
1111111111111111111111111111111111111111111111111111111111111111111 111111111111111111111111111111111
REAL ESTATE EXCISE TAXAFFlDAVIT
PLEASE TYPE OR PRINT CHAPTER 82.45 RCW - CHAPTER 458-61 A WAC when stamped by cashier.
THIS AFFIDAVIT WIlL NOT BE ACCEPTED UNLESS ALl" AREAS ON ALL PAGES ARE FULLY COMPLETED
(See back of last page for instructions)
Ifmulti Ie owners list rcenta e of ownershi next to name.
.('" .....
/ <~,-
~venue
Y*~SI~.
Check box if artiaJ sale of ro
Department of the Navy
MailingAddress 1101 Tautog Circle
City/SlatelZip Silverda1e, WA 98315-1101
Phone No. (including area code) (360) 396-0908
Send all property tax correspondence to: 1ZI Same as Buyer/Grantee
Name
Mailing Address
City/Srato/Zip
Phone No. (including area code)
This form is your receipt
Name City of Bremerton
Financial Services
'"
~ ~ Mailing Address 345 6th Sl. Suite 600
~ ~ City/State/Zip Bremerton, WA 98337
Phone No. (including area code) (360) 473-5296
List all real and personal property tax parcel account
numbers - clleck box if personal property
Par09IC []
Assessor to Assign Account Nos. n
P+n of: n
Z3240/-1- 001- 20070
List assessed valuc(s)
II Street address of property:
This property is located in 0 unincOIporated
o Check box if any of the listed pareels are being segregated from a larger parcel.
Legal description of property (if more space is needed, you may attach a separa.te sheet to each page of the affidavit)
County OR within 1ZI city of Bremerton
Attached Legal Description for Parcel C
Enter Abstract Use Categories. 10 - Other
(See back of last page for instructions).
YES NO
I s this property exempt from property tax per chapter
84.36 RCW (nonprofit organization)?
o
YES NO
Is this property designated as forest land per chapter 84.33 RCW? 0
Is this property classified as current use (open space, fium and 0
agricultural, or timber) land per chapter 84.34?
Is this property receiving special VllIuation as historical property 0
per chapter 84.26 RCW?
If any answers arc yes, complete as instructed below.
(1) NOTICE OF OONI1NUANCE (FORFSfLANDORCURRENTUSE)
NEW OWNER(S): To continue the current designation as forestland or
classification as current use (open space, farm and agriculture, or timber)
land, YOII mllst sign on (3) below. The county assessor must thendetcrmine
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 cbssification. 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.
This land D docs 0 does not qualify for continuance.
DEPUTY ASSESSOR
DATE
(2) NOTICE OF COMPllANCE (HISI'ORlC PROPER TV)
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
PRINT NAME
List all personal property (tangible and intangible) included in selling
price.
o
If claiming an exemption, list WAC number and reason for exemption:
WAC No. (Section/Subsection) 458-61A-206
IZI
1ZI
Reason for exemption
Government T ranster
1ZI
Type of Document Quit Claim Deed
Date of Document
Gross Selling Price $
"Personal Property (deduct) $
Exemption Claimed (deduct) $
Taxable Selling Price $
Excise Tax: State $
SealUe Local $
"Delinquent Interest: State $
0.0050 I Local $
"Delinquent Penalty $
Subtotal $
'State Technology Fee $
"Affidavit Processing Fcc $
Total Due $
0.00
0.00
0.00
0.00
5.00
10.00
A MINIMUM OF $10.00 IS DUE IN FEE(S) AND/OR TAX
'SEE INSTRUCTIONS
OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT.
Signature of
Grantor or Grantor's Agent
Name (print) Michael D. Brady, Real Estate Contracting Officer
Date & city of signing: !/flJo1-- Silverdale, WA
Wk
Perjury: Petjwy is a class C felony which is purtishable by imprisonment in the state correctional institution for tcnn of not more than five years. or by
a fine in an amount fixed by the court of not more dllUl five thousand dollilrs ($5,000.00), or by both imprisonment and fine (RCW 9A.20.020 (1C)).
REV 84 000lao (a) (07/11106) THIS SPACE - TREASURER'S USE ONLY COUNTY TREASURER
700[;
'<, .
PARCEL C
THAT PORTION OF THE PLAT OF "TOWN OF BREMERTON", RECORDED IN VOLUME 2 OF
PLATS, PAGE 30, SITUATE WITHIN GOVERNMENT LOT 3 OF SECTION 24, TOWNSHIP 24
NORTH, RANGE 1 EAST, W,M., 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 87.24 FEET TO THE POINT OF
BEGINNING;
THENCE CONTINUING SOUTH 01035'20" WEST ALONG SAID WESTERLY LINE 21.11 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 82.77 FEET;
THENCE NORTH 29014'02" WEST 45.85 FEET TO THE BEGINNING OF A NON-TANGENT
CURVE CONCAVE TO THE SOUTHWEST FROM WHENCE ITS CENTER BEARS SOUTH
78041 '30" WEST 103.00 FEET DISTANT;
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE 32.22 FEET THROUGH A CENTRAL
ANGLE OF 17055'33" TO THE BEGINNING OF A COMPOUND CURVE CONCA VB TO THE
SOUTHWEST FROM WHENCE ITS CENTER BEARS SOUTH 60045'58" WEST 150.00 FEET
DISTANT;
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE 50.45 FEET THROUGH A CENTRAL
ANGLE OF 19016'18";
THENCE NORTH 60046'07" EAST 96.34 FEET;
THENCE SOUTH 29014'24" EAST 44.17 FEET TO THE POINT OF BEGINNING.
CONTAINING 10,870 SQUARE FEET OR 0.25 ACRES, MORE OR LESS.
PI 31 ~00(.a
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e
MEMORANDUM OF AGREEMENT
(MOA)
Enclosure (1)
'!;,~
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e
MEMORANDUM OF AGREEMENT
BETWEEN PUGET SOUND NAVAL SHIPYARD AND INTERMEDIATE
MAINTENANCE FACILITY, THE CITY OF BREMERTON,
THE WASHINGTON STATE HISTORIC PRESERVATION OFFICE,
AND THE NATIONAL PARK SERVICE
REGARDING THE TRANSFER OF OWNERSHIP OF BUILDING 50
AND SUBMITTED TO THE ADVISORY COUNCIL ON HISTORIC
PRESERVATION PURSUANT TO 36 CFR PART 800.10
WHEREAS, puget Sound Naval Shipyard and Intermediate
Maintenance Facility (PSNS & IMF), an agency of the
Department of the Navy, has determined to move and transfer
ownership of Building 50 to the City of Bremerton.
WHEREAS, Building 50 is a contributing property to the
puget Sound Naval Shipyard National Historic Landmark
District (NHLD) National Register Number 88003053;
WHEREAS, the movement and transfer of ownership of
Building 50 will have an effect upon the NHLD;
WHEREAS, PSNS & IMF has consulted with the Washington
State Historic Preservation Officer (SHPO) PURSUANT to 36
CFR. Part800regulati.ons.implementing SectioD. 106 of the -
NationalHi~ioric Preservation Act (16 USC Part 470f);
WHEREAS, PSNS & IMF has notified the National Park
Service (NPS), Department of Interior and invited the NPS
to participate in consultation PURSUANT to 36 CFR Part
BOO.10(c);
NOW, THEREFORE, PSNS & IMF, the Washington SHPO, and
the NPS Columbia Cascade Office agree ~hat the undertaking
shall be implemented in accordance with the following
stipulations in order to take into account the ef~ect of
the undertaking upon Building 50 and the NHLD.
STIPULATIONS
The puget Sound Naval Shipyard and Intermediate
Maintenance Facility will ensure the following measures are
carried out:
1. Documentation of Current Condition of Building.
The PSNS & IMF will document the current condition and
significant exterior and interior features of the building.
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e
This documentation will include 4" x 6", black and white,
35 mm photographs of exterior views, exterior details,
interior views and interior details. A narrative that will
describe the alterations to the original building will
supplement the photographs. Copies of the documentation
will be distributed to the State of Washington, Office of
Archaeology and Historic Preservation (OAHP) and
appropriate local archives. Unless otherwise agreed to by
the NPS, PSNS & IMF shall ensure that all documentation
will be completed before the building is moved and
transferred.
2. Preservation Covenant
The PSNS & IMF will ensure that the following preservation
covenant will be included in the transfer document and
recorded in the real estate records of Kitsap County, State
of Washington, for the transfer of Building 50 to ensure
its preservation. PSNS & IMF shall notify SHPO and NPS, in
writing, no later than thirty (30) days following recording
i of the transfer instrument.
}
(a) In consideration of the conveyance of certain
real propeL'ty, hereinafter refeL'red i~.O as thp former
bui.l.uing SO~ theei t:y of Bremertonher.eby cover'lCints on
behalf of itself, it's heirs, successors, and assigns at
all times to the Washington SHPO and the NPS to preserve
and maintain the former Building 50 in a manner that
preserves the building in accordance with the recommended
approaches in the Secretary of the Interior's Standards for
Rehabilitation and Guidelines for Rehabilitating Historic
Buildings (National Park Service, 1992) in order to
preserve and enhance those qualities that make Building 50
a national landmark property.
(b) No construction, alteration, remodeling or any
other work shall be undertaken or permitted to be
undertaken at the former Building 50, other than minor
repairs and routine maintenance, without the express prior
written permission of the NPS and the WashingtonSHPO,
signed by those individuals or a fully authorized
representative thereof.
(c) The Washington SHPO and the NPS, or a fully
authorized representative ther~o~ phall be permitted at all
reasonable times to inspect the former Building 50 in order
to ~scertain if the above conditions are being observed.
.
..,.~
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e
--
Prior to said inspection, proper written notification of
intent to inspect will be issued to the Grantee.
(d) This covenant is binding on the City of
Bremerton, it's heirs, successors and assigns in
perpetuity. Restriction, stipulations, and covenants
contained herein shall be incorporated into any deed or
other legal instrument by which she/he/they/it divests
her/him/itself/themselves of either the fee simple title or
any other lesser estate in the former Building 50 or any
part thereof.
(e) The failure of the Washington SHPO to exercise
any right or remedy granted under this instrument shall not
have the effect of waiving or limiting the exercise of any
other right or remedy or the use of such right or remedy at
any other time.
(f) The Washington SHPO reserves the right to assign
its responsibilities under this covenant to a third party.
The third party may be, but is not limited to, another
government entity or a non-profit organization.
This covenant shZlIJ be ninding servitude upon the real..
p:C'CJBer-cy Ll1aL .LiiCl'uu85 Lilt: .LOLllre-r Bu.ildii<lg 5.0 a11d shall b;e-
deemed to run with the land. Execution of this covenant
shall constitute conclusive evidence that the City of
Bremerton agrees to be bound by the foregoing conditions
and restriction and to perform to obligations herein iet
forth.
3. Dispute Resolution
Should the Washington SHPO or the NPS object to any
plans provided for its review pursuant to this agreement,
the City of Bremerton shall consult with the Washington
SHPO and the NPS .to resolve the objection. The
responsibility of the City of Bremerton to carry out all
actions under this agreement that are not subjects of this
dispute remain unc~anged.
4. Amendments and Noncompliance-
If any signatory to tht9 MOA determines that its terms
will not or cannot be carried out or that an amendment to
its terms must be made, that party shall immediately
r .
~r
e
--
consult with the other party to develop an, amendment to
this MOA pursuant to 36 CFR 800.6. This amendment will be
effective on the data a copy signed by all of the original
signatories is filed with the Council. If the signatories
cannot agree to app~opriate terms to amend the MOA, any
signatory may terminate the agreement in accordance with
Stipulation 5 below.
5. Termination
If an MOA is not amended following the consultation set out
in Stipulation 4, it may be terminated by any signatory.
Within 30 days following termination, PSNS & IMF shall
notify the Washington SHPO if it will initiate consultation
to execute an MOA under 36 CFR 800.6 or request the
comments of the Council under 36 CFR 800.7 and proceed
accordingly.
6. Expiration of Agreement
This agreement shall expire if its terms are not carried
out within three years from the date of execution, unless
the signatories agree in writing to an extension for
fulfilling its terms.
~.
",,'
e
-
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Execution of this Memorandum of Agreement by puget Sound
Naval Shipyard and Intermediate Maintenance Facility, the
City of Bremerton, the Washington State Historic
Preservation Officer, and the National Park Service, and
implementation of its terms, evidences that PSNS & IMF has
addressed the transfer out of federal ownership, the former
Building 50 and its effects upon a national landmark
property and the PSNS & IMF has taken into account the
effects of the undertaking on historic properties.
PUGET SOUND NAVAL SHIPYARD and INTERMEDIATE MAINTENANCE
FACILITY, DEPA NT OF THE NAVY
By
Date: 1;y'~ft>3
.
OFFICE
By:
Date:
) 'd../ r2 ~ /7)3
By:
.." ,I,
OpiEKTA',
Cary Bozeman,
. . ,;l'ON
;~ ' ~~{;:..-".
:(1.: CITf'
Date:
1- d-.j - O~
NATIONAL PARK SERVICE, DEPARMENT
By: d~(j~~
OF THE INTERIOR
Date: J-10- Zeaf
,~
m~@~TIW~~
,I ()gs 1 8 2004
LZ-.r {oCa .-0 I