HomeMy WebLinkAbout201611290298 Name and Mailing Address
City of Bremerton/Pat J Coxon
1600 Oyster Bay Ave. S CITY OF BREMERTON 201611290298
Easement Rec Fee: $ 94.00
11/29/2016 02:47 PM Page 1 of 22
Bremerton, WA 98312 Dolores Gilmore, sap Co Auditor
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• Type or print legibly.
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Document Title(s): Grant of Easement
Auditor's File Number of Document(s) Referenced:
Grantor(s) person(s)that conveys, sells or grants interest in property:
United States of America
Grantee(s) person that buys, receives or to whom conveyance of property is made:
City of Bremerton
Abbreviated Legal Description:
• Quarter, Quarter, Section, Township, Range (and Government lot#if applicable); OR
• Plat/Condo Name, lot or unit number, building or block number; OR
• Short plat, Large Lot number, lot number and auditor file number
NE 1/4 of NE 1/4 Section 7, T24N, R1 E, W. M., Kitsap County Washington
Assessor's 14 digit Tax Parcel Number:072401-1-044-2006
Pat J. Coxon, (City of Bremerton) am requesting an emergency nonstandard
recording for an additional fee of$50.00 as provided in RCW 36.18.010. I understand that the recording
processing requirements may cover up or otherwise obscure some part of the text of the original
document. 0
Signature: a
04/25/14
When Recorded Return to: VE D
Mr. Pat J. Coxon
1600 Oyster Bay Ave. S OCT 2 8 2016
Bremerton, WA 98312
CITY OF BREMERTON
WASTEWAlER TREATMENT PLANT
Document Title: Grant of Easement
Grantor: United States of America
Grantee: City of Bremerton
Abbreviated
Legal Description: NE 1/4 of NE 1/4 Section 7, T 24 N, R 1 E, W.M., Kitsap County
Washington
Assessor's Property
Tax Parcel: Federally owned land -4 D12401,- 1 '0414-2 OO(o
GRANT OF EASEMENT N4425516RP00018
"noTHIS INDENTURE, made this z..t. day of ok02,_ , 20*, between the UNITED
STATES OF AMERICA, the Grantor, hereinafter called the GOVERNMENT, represented by
the Commanding Officer,Naval Facilities Engineering Command Northwest, acting by and
through the Secretary of the Navy, and the City of Bremerton, hereinafter called the GRANTEE.
WHEREAS,the GOVERNMENT owns that certain real property identified as Shelton-
Bremerton-Bangor Railroad, located in Kitsap and Mason Counties, state of Washington,
hereinafter called the Installation; and
WHEREAS, the GRANTEE has requested an easement for the construction, installation,
operation, maintenance, repair, and replacement of a road crossing, which will be used by the
GRANTEE on, in, through, under, upon, across and over that portion of the Installation
hereinafter described; and
WHEREAS,the Secretary of the Navy has found that the granting of such an easement
on the terms and conditions hereinafter stated is not incompatible with the public interest;
NOW THEREFORE, this INDENTURE witnesseth that, pursuant to the authority of 10
U.S.C. § 2668, hereby grants to the GRANTEE and its successors and assigns, for a period of
fifty (50) years from the date hereof, an easement for the construction, installation, operation,
maintenance, repair, and replacement of a road crossing, such easement being on, in, through,
under, upon, across and over that portion of the Installation hereinafter called the PREMISES,
containing .15 acres, more or less, and more specifically described in Exhibit "A" map and
Exhibit"B" easement area, attached hereto and made a part hereof.
EXCISE TAX EXEMPT NOV 2 9 2016
THIS EASEMENT is granted subject to the following terms and conditions, which
GRANTEE, by its acceptance hereof, specifically agrees to and consents to be bound by:
1. CONSIDERATION. In consideration for this Easement, the GRANTEE shall pay the
GOVERNMENT the sum of$900.00, the receipt of which is hereby acknowledged.
2. ACCESS BY GRANTEE. The GOVERNMENT grants to the GRANTEE the right to use
the PREMISES, together with the necessary rights of ingress and egress authorized by the
Installation Commanding Officer. The GRANTEE and its invitees and contractors agree to
absorb all costs, including time and expenses, associated with gaining access to the
Installation under the RAPIDGATE or similar program. Any parking that accompanies the
use of, and any routes of access to and from, the PREMISES are subject to change at the sole
discretion of the Installation Commanding Officer.
3. USE BY GOVERNMENT. The GOVERNMENT may use the PREMISES of this
Easement for any purpose that does not unreasonably interfere with the use and enjoyment by
the GRANTEE of the rights granted by this Easement.
4. SUBJECT TO EXISTING AND FUTURE EASEMENTS. This Easement is subject to all
existing easements, all other outstanding rights, recorded and unrecorded, and to all such
utility lines, roadways, or other improvements as may be located on, in, under, across,
through and over the PREMISES, and to the right of the GOVERNMENT to grant such
additional easements and rights of way on, in, under, across, through and over the
PREMISES as it shall determine to be in the public interest, provided that such additional
easements and rights of way will not unreasonably interfere with the GRANTEE's use of the
PREMISES in accordance with this Easement.
5. APPROVAL OF PLANS. All work performed by the GRANTEE, its agents, or
contractors in connection with the construction, installation, operation, maintenance, repair,
and replacement of the road crossing shall be done without cost or expense to the
GOVERNMENT and in accordance with plans previously approved by the Real Estate
Contracting Officer,Naval Facilities Engineering Command Northwest or his/her designated
local representative.
6. RESTORATION. Upon completion of any work performed in or upon the PREMISES,
GRANTEE, at its own expense, shall remove all equipment and unused or surplus materials,
if any, and shall restore the PREMISES to the same, or as good a condition as existed prior to
the initiation of such work, and in a manner satisfactory to the GOVERNMENT as
determined by the Real Estate Contracting Officer, Naval Facilities Engineering Command
Northwest, or his/her designated local representative.
7. PROTECTION AND MAINTENANCE OF PREMISES. The GRANTEE, at its own cost
and expense, shall maintain the PREMISES and the road crossing in good condition at all
times and shall promptly make all repairs that may be necessary for the preservation of the
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condition of the PREMISES and the continued operation and maintenance of the road
crossing.
8. DAMAGE TO THE PREMISES. GRANTEE, at its expense, shall repair or restore any
damage to GOVERNMENT property that may occur during the construction, operation,
maintenance, repair and replacement of the road crossing in a manner satisfactory to the
GOVERNMENT as determined by the Real Estate Contracting Officer,Naval Facilities
Engineering Command Northwest or his/her designated local representative. GRANTEE, its
employees, authorized agents and contractors shall reimburse the GOVERNMENT for any
and all actual costs, direct and indirect, incurred by the GOVERNMENT as a result of any
damage to the PREMISES caused by their individual or collective actions.
9. APPLICABLE RULES AND REGULATIONS.
a. The GRANTEE's rights hereunder shall be subject to such reasonable rules and
regulations as may be prescribed by the GOVERNMENT to assure that the exercise of those
rights will not unreasonably interfere with the GOVERNMENT's activities at the
Installation. The GRANTEE shall adhere to all GOVERNMENT imposed security rules and
regulations in the exercise of such rights.
b. The railroad operator is Puget Sound& Pacific Railroad herein called PSAP. PSAP must
be notified in advance of any construction(360-359-1084). PSAP may require a flagman
during any road maintenance or construction activities. PSAP will require a signal technician
on-site during all work near any crossing signal controller and wiring. All expenses
associated with construction, inspection, or maintenance including flagging shall be borne by
GRANTEE.
10. INDEMNIFICATION. GRANTEE shall indemnify and defend the GOVERNMENT
against, and hold the GOVERNMENT harmless from, any costs, expenses, liabilities, fines,
suits, actions, damages, liability and cause of action arising or growing out of, or in any way
connected with, the occupation or use of the PREMISES by the GRANTEE and its
employees, agents, servants, guests, and invitees. However, this liability shall not extend to
matters caused by the GOVERNMENT's negligent or willful acts. This provision shall
survive the expiration or termination of this Easement and GRANTEE's obligations
hereunder shall apply whenever the GOVERNMENT incurs costs or liabilities for the
GRANTEE's actions.
11. GRANTEE'S RESPONSIBILITY.
a. The GOVERNMENT shall not be responsible for damages to property or injuries to
persons that may arise from, or be incident to, the use and occupation of the PREMISES by
the GRANTEE, or for damages to the property or injuries to the persons of the
GOVERNMENT's officers, agents, servants, or employees, or others who may be on the
PREMISES at their invitation or the invitation of any one of them arising from or incident to
Page 3 of 11
governmental activities except as permitted under the Federal Tort Claims Act, 28 U.S.C. §§
2671-2680.
b. Damage, clearing or removal of any timber or forest products from GOVERNMENT
property must be reviewed and approved by the Navy Forester. The GOVERNMENT will
require reimbursement for the value of any merchantable timber that is removed. If logging of
adjacent property is to be performed,the GRANTEE will work with the Navy Forester for
additional cutting of GOVERNMENT timber in order to avoid windfall loss due to storms.
Merchantable timber removed without prior permission from the GOVERNMENT,will be
treated as theft and can result in charges up to triple the value of the timber.
c. GRANTEE shall ensure that railroad drainage ditches and slopes are properly regraded if
necessary following utility installation.
d. GRANTEE is responsible to include storm water measures that incorporate Best
Management Practices to prevent the release of pollutants and runoff.
e. GRANTEE is responsible for sloughing or erosion as a result of their activities or utility
installation.
12. ROAD CONNECTIONS /GOVERNMENT RESERVATION. The GOVERNMENT
reserves the right to make whatever connections between the Road herein authorized and
other roads on the Installation that the GOVERNMENT may consider necessary. It also
reserves to itself easements for all purposes on, in, through, under, upon, across and over the
PREMISES; provided, however, that such reserved easements shall be used in a manner that
will not unreasonably interfere with the use and enjoyment by the GRANTEE of the
easement rights granted herein.
13. ROAD SURFACE AND DESIGN. The road crossing surface and design shall be done
in accordance with American Railway and Engineering and Maintenance-of-Way
Association(AREMA).
14. ENVIRONMENTAL PROVISIONS.
a. GRANTEE shall comply with all applicable environmental laws, ordinances, rules, and
regulations and all other Federal, state, and local laws, ordinances, regulations, and standards that
are or may become applicable to GRANTEE's activities on the PREMISES.
b. GRANTEE shall be, at its sole cost and expense, solely responsible for obtaining any
environmental permits required for its activities on the PREMISES.
c. GOVERNMENT's rights under this Easement specifically include the right for its
representatives to inspect the PREMISES upon reasonable notice for compliance with
environmental, safety, and occupational health laws and regulations, whether or not the
GOVERNMENT is responsible for enforcing them. The inspections shall be made without
Page 4 of 1 I
prejudice to the right of duly constituted enforcement officials to make them. The GRANTEE
shall have no claim on account of any entries against the United States or any of its officers,
agents, employees, contractors, or subcontractors.
d. Storage,treatment, or disposal of toxic hazardous materials on the PREMISES is
prohibited. Or except as authorized by the GOVERNMENT in accordance with 10 U.S.C. §
2692.
e. The GRANTEE will not use Installation accumulation points for hazardous and other
wastes or permit its hazardous wastes to be commingled with hazardous waste of the
GOVERNMENT.
f. The GRANTEE shall be solely responsible for the release, or substantial threat of a release,
into the environment of any hazardous substance, pollutant or contaminant as the result of any
activity under this Easement, and any preceding easements, licenses, or rights-of-way. Any
reporting, containment, removal, or other remedial action relating to a release or threat of release
required by law or regulation shall also be the responsibility of the GRANTEE.
g. The GRANTEE agrees to comply with the provisions of any health or safety plan in effect
under the Installation Restoration Plan (IRP) or the Resource Conservation Recovery Act
(RCRA) Corrective Action Program during the course of any of the above described response or
remedial actions. Any inspection, survey, investigation, or other response or remedial action will
be, to the extent practicable, coordinated with representatives designated by the
GOVERNMENT. The GRANTEE shall have no claim on account of any entries against the
United States or its officers, agents, employees, contractors, or subcontractors. In addition,
GRANTEE shall comply with all applicable Federal, state and local occupational safety and
health regulations.
h. GRANTEE shall, to the extent permitted under applicable law, indemnify and hold
harmless GOVERNMENT from, and defend GOVERNMENT against, any damages, costs,
expenses, liabilities, fines, suits, actions, or penalties resulting from releases, discharges,
emissions, spills, storage, treatment, disposal, or other acts or omissions by GRANTEE, its
officers, employees, agents, contractors , licensees, or the invitees of any of them, giving rise to
GOVERNMENT liability, civil or criminal, or responsibility under federal, state or local
environmental laws. This Paragraph shall survive the expiration or termination of this Easement,
and the GRANTEE's obligations under this Paragraph shall apply whenever the
GOVERNMENT incurs costs or liabilities for GRANTEE's actions. However, this liability shall
not extend to matters caused by the GOVERNMENT's negligent or willful acts.
i. The GRANTEE shall strictly comply with the hazardous waste permit, storage, handling,
and disposal requirements under the Solid Waste Disposal Act and Resource Conservation and
Recovery Act (RCRA) and as defined in the Washington Dangerous Waste Regulations,
WAC 173-303. The GRANTEE must provide at its own expense any hazardous waste storage
facilities, complying with all laws and regulations that it may need for storage. Installation
hazardous waste storage facilities will not be available to the GRANTEE.
Page 5 of 1 1
j. GRANTEE shall manage the natural and cultural resources on the PREMISES in a manner
that is consistent with the philosophies and supportive of the objectives of the Installation's
Integrated Natural Resource Management Plan. GRANTEE shall identify any activity that may
affect Federally regulated resources (listed species, wetlands, waters of the United States, etc.)
and provide information and mitigation that may be required to support consultation with the
applicable regulatory agency.
k. GRANTEE shall not undertake any activity that may affect the characteristics that may
make the railroad eligible for inclusion in the National register of Historic Places (NRHP)as a
district, including, but not limited to, excavation, construction, alteration, or repairs of the Leased
Premises,without the prior approval of Government Technical Representative and in compliance
with Section 106 of the National Historic Preservation Act(NHPA) (54 U.S.C. §306108) and its
implementing regulation(36 CFR Part 800).
k. GRANTEE shall, during the construction, installation, operation, maintenance, and repair
of the road crossing, upon inadvertently discovering Native American human remains, funerary
objects, sacred objects, objects of cultural patrimony, as those terms are defined in 43.C.F.R. §
10.2(d), immediately notify by telephone Government Technical Representative at(360-476-
6494), followed by written confirmation. The GRANTEE shall cease all activity in the area of
the inadvertent discovery until directed otherwise by the Installation. Additionally,the
GRANTEE shall take all reasonable efforts to protect any Native American human remains,
funerary objects, sacred objects, objects of cultural patrimony, so discovered consistent with 43
C.F.R. § 10.2(d).
15. ENVIRONMENTAL CONDITION OF PROPERTY.
a. An Environmental Condition of Property (ECP)has been prepared as of the start date of
this Easement to document the known environmental condition of the property. The ECP dated
16 March, 2016 is incorporated by reference and made a part hereof as Exhibit"C". At the
termination or expiration of this Easement, another ECP shall be prepared to note the
environmental condition of the property at that time. A comparison of the two ECP documents
shall be made to determine the extent, if any, of liability on the part of the GRANTEE.
b. For purposes of this Easement the following terms shall have the following meanings:
(1) "Toxic or Hazardous Materials" means all manner of substances, pollutants,
contaminants, and waste to which Applicable Environmental Laws pertain, expressly including
petroleum, petroleum products, and materials defined in 48 C.F.R. § 252.223-7006 (a)(ii) and
(iii).
(2) "Contamination" means a level of Toxic or Hazardous Materials in the air, soil, or
water(surface water or ground water),that exceeds levels allowed by Applicable Environmental
Laws.
Page 6 of 11
(3) "Applicable Environmental Laws" means:
(a) Federal, state, and local statutes, laws, ordinances, rules, and regulations, to which
the GOVERNMENT is made subject by Federal law or to which the GRANTEE is made subject
by Federal and state law;
(b) Executive Orders of the President of the United States;
(c) decisions of courts and administrative tribunals of competent jurisdiction;
(d) administrative orders of regulatory agencies of competent jurisdiction(involuntary
or on consent); and
(e) regulations and directives of the Department of Defense, and the Department of the
Navy which pertain to the human environment (as defined in the National Environmental Policy
Act of 1969); transportation of hazardous material; and human health and safety (including
occupational safety).
(4) Applicable Environmental Laws include, without limitation, the Comprehensive
Environmental Response, Compensation, and Liability Act (42 U.S.C. § 9601 et seq.), the
Hazardous Material Transportation Act(49 U.S.C. § 1801, et seq.), the Resource Conservation
and Recovery Act(42 U.S.C. § 6901, et seq.), the Federal Water Pollution Control Act(33
U.S.C. § 1251, et seq.), the Clean Air Act(42 U.S.C. § 7401, et seq.), the Toxic Substances
Control Act(15 U.S.C. § 2601, et seq.), the Occupational Safety and Health Act(29 U.S.C. §
651, et seq.), and 10 U.S.C. § 2692, as amended.
(5) "Release" means any discharge, spill, emission, leaking, pumping, injection,
excavation, deposit, disposal, leaching, or migration into the environment, accidental or
otherwise, or introduction into the environment by any other means or method.
(6) "Remedial Action" means: investigating or monitoring the environmental condition of
the PREMISES and clean-up, removal, response (including emergency response), and restoration
of the PREMISES, as per Applicable Environmental Laws, due to the presence or suspected
presence of Contamination or a Release or suspected Release of Toxic or Hazardous Materials.
c. If during the term of this Easement the GRANTEE becomes aware that a Release of Toxic
or Hazardous Materials has occurred due to acts or omissions of the GRANTEE, its agents, or
contractors, whether or not such Release results in Contamination of the PREMISES, the
GRANTEE will give verbal notice to the GOVERNMENT within 24 hours of becoming aware
of the Release, providing all relevant facts and circumstances. The GOVERNMENT may direct
the GRANTEE to make a detailed written report of these facts and circumstances within a
certain time.
d. The GRANTEE, at its sole expense, will promptly take all action necessary to comply with
Applicable Environmental Laws pertaining to a Release described in subparagraph 15(b),
Page 7 of 11
including but not limited to: report the occurrence to appropriate Federal, state, or local
regulatory authorities, if so directed by the GOVERNMENT; take timely and effective steps to
minimize the Release and its impact on human health and the environment; and take Remedial
Action. The GOVERNMENT may direct the GRANTEE to provide all information requested
by the GOVERNMENT regarding such actions within a time certain.
e. The GRANTEE will ensure that all activities conducted on the PREMISES by the
GRANTEE, its agents, or contractors are carried out in compliance with Applicable
Environmental Laws. The GRANTEE will provide verbal notice to the GOVERNMENT within
24 hours of receiving any complaint, order, directive, claim, citation, or notice from any
governmental authority or any other person or entity alleging noncompliance with or a violation
of Applicable Environmental Laws on the PREMISES. The GRANTEE, at its sole expense, will
promptly take all necessary action directed by Federal, state, or local regulatory authorities of
competent jurisdiction to achieve or regain compliance with Applicable Environmental Laws.
The GOVERNMENT may direct the GRANTEE to make a detailed written report, within a time
certain, of the facts and circumstances underlying the alleged noncompliance or violation.
Without limitation of the foregoing,the GOVERNMENT, in response to acts or omissions of the
GRANTEE, its agents, or contractors may, in its discretion, take Remedial Action to remedy
Contamination on the PREMISES or to achieve or regain compliance with Applicable
Environmental Laws.
f. The GOVERNMENT may at any time inspect the PREMISES or cause the PREMISES to
be inspected, to assess whether the operations of the GRANTEE, its agents, or contractors are in
compliance with Applicable Environmental Laws. To assist in this evaluation, the GRANTEE,
its agents, and contractors will provide to the GOVERNMENT, or another entity, as the
GOVERNMENT may direct, for examination and copying, all relevant books, records,
documents, and other material in their possession.
g. The GOVERNMENT, with good cause, may from time-to-time require the GRANTEE to
conduct tests and analyses to assess whether the PREMISES are in compliance with Applicable
Environmental Laws, and based on the results thereof, to so certify to the GOVERNMENT.
Such tests and analyses shall be conducted in a manner satisfactory to the GOVERNMENT by
recognized professionals approved by the GOVERNMENT. If the GOVERNMENT and the
GRANTEE cannot reach agreement as to what tests and analyses shall be conducted, by whom,
and when,the GOVERNMENT may perform such tests and analyses or cause such tests and
analyses to be performed.
16. FAILURE TO INSIST ON COMPLIANCE. The failure of the GOVERNMENT to
insist, in any one or more instances, upon performance of any of the terms, covenants or
conditions of this Easement shall not be construed as a waiver or relinquishment of
GOVERNMENT'S right to the future performance of any such terms, covenants or
conditions and GRANTEE's obligations for their future performance shall continue in full
force and effect.
Page 8 of 11
17. FEDERAL FUNDS. This Easement does not obligate the GOVERNMENT to expend
any appropriated funds.
18. ASSIGNMENT/TRANSFER OF RIGHTS. The GRANTEE shall not transfer or assign
this Easement or any interest in it, or otherwise make any portion of, or rights in, the
PREMISES available to any party without the prior consent of the GOVERNMENT. If any
assignment is made, with or without consent, the assignee shall be deemed to have assumed
all of the obligations of the GRANTEE. However, in no event shall the GRANTEE be
relieved of any of its obligations under this Easement, except for an extension of its term that
begins after an assignment, and then only if the GOVERNMENT shall have consented to it.
19. TERMINATION.
a. If, at any time, the GOVERNMENT determines that the road crossing, or any portion
thereof, unduly interferes with any of its activities, the GOVERNMENT shall have the right to
terminate this Easement, in whole or in part, to the extent necessary to eliminate the interference;
However, unless the GOVERNMENT shall have determined that relocation is not feasible, it
shall offer to convey to the GRANTEE, without charge, a substitute easement permitting the
GRANTEE to relocate the road crossing, or any portion thereof, on adjacent GOVERNMENT
property, which relocation shall be accomplished at the GRANTEE's cost and expense. The
substitute easement shall contain the same terms and conditions as those in this Easement, and
shall bear the same expiration date, if any.
b. All or any part of this Easement may be terminated upon failure by the GRANTEE to
comply with any of its terms and conditions; upon abandonment of the rights granted herein; or
upon non-use of those rights for a period of two consecutive years. Additionally, the
GOVERNMENT may terminate all or any part of this Easement in the interest of anti-terrorism
force protection or national security.
20. ADMINISTRATIVE COSTS AT EXPIRATION/TERMINATION OF EASEMENT. At
the termination or expiration of this Easement, at the GOVERNMENT'S discretion,
GRANTEE shall be responsible for administrative costs associated with completing a final
inspection of the premises and updating the Environmental Condition of Property Report.
21. SURRENDER. Upon any termination or expiration of this Easement, the GRANTEE, at
its own expense and risk, shall promptly remove, to the extent required by the
GOVERNMENT, improvements, fixtures, and equipment installed or constructed hereunder,
and shall restore the PREMISES to the same or as good a condition as that which existed
prior to the exercise by the GRANTEE of its rights hereunder. The restoration shall be done
in a manner satisfactory to the Real Estate Contracting Officer, Naval Facilities Engineering
Command Northwest, or his/her designated representative and in accordance with applicable
g p pp
laws and regulations. If the GRANTEE fails to remove the property as required by the
GOVERNMENT, all improvements, chattels, and other items abandoned by the GRANTEE
become GOVERNMENT property ninety (90) days following the date of termination or
expiration. If the GOVERNMENT incurs any cost to remove the items abandoned by the
Page 9 of 11
GRANTEE, the GRANTEE shall reimburse the GOVERNMENT for any and all actual
costs, direct and indirect, incurred by the GOVERNMENT.
22. STATEMENT OF COMPLIANCE. Pursuant to 10 U.S.C. § 2662(d):
a. This Easement is not subject to the requirements of this section; or,
b. This Easement is subject to the requirements of this section and said requirements have been
met.
23. ADDITIONS, MODIFICATIONS AND DELETIONS. Prior to the execution of this
Easement,the following additions, modifications and deletions were made: None
Page 10 of 11
IN WITNESS WHEREOF, the parties hereto have caused this GRANT OF EASEMENT to be
executed by their duly authorized representatives as of the day and year first written above.
UNITED STATES OF AMERICA
By:Ail&e. ,
..i
MICHAEL D. BRADY
Real Estate Contracting Officer
Naval Facilities Engineering Command Northwest
GRANTEE
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1 Exhibit B-2
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EXHIBIT"A"
EASEMENT DESCRIPTION
THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 30, TOWNSHIP 24 NORTH, RANGE l EAST,W.M., KITSAP COUNTY, WASHINGTON,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A STRIP OF LAND 20 FEET IN WIDTH, LYING 10 FEET EACH SIDE OF THE FOLLOWING
DESCRIBED CENTERLINE:
COMMENCING AT AN EXISTING 8.5"x8.5" CONCRETE PYRAMID MONUMENT WITH A 2"
BRASS DISC WITH CENTER PUNCH AT RAILROAD P.I. STATION 1719+20.65, SHELTON-
BANGOR-BREMERTON NAVAL RAILROAD; THENCE SOUTH 59° 22' 09" WEST 483.51 FEET
TO THE POINT OF CURVATURE AT RAILROAD CENTERLINE STATION 1714+37.14; THENCE
SOUTH 30° 37' 50" EAST 65.00 FEET TO AN EXISTING OFFSET MONUMENT, BEING AN
EXISTING 8.5"x8.5" CONCRETE PYRAMID MONUMENT WITH A 2" BRASS DISC WITH
CENTER PUNCH; TENCE CONTINUING SOUTH 30° 37' 51" EAST 35.00 FEET TO A POINT ON
THE SOUTHERLY MARGIN OF RIGHT-OF-WAY OF SAID SHELTON-BANGOR-BREMERTON
NAVAL RAILROAD RIGHT-OF-WAY AND THE POINT OF CURVATURE OF A 2964.86 FOOT
RADIUS CURVE TO THE LEFT, THE CENTER OF WHICH BEARS NORTH 30° 37' 51" WEST;
THENCE ALONG SAID CURVE THROUGH A CENTERAL ANGLE OF 05° 44' 48" FOR AN ARC
DISTANCE OF 297.38 FEET TO THE CENTERLINE OF AN EXISTING MAINTENANCE ROAD
AND THE TRUE POINT OF BEGINNING; THENCE NORTH 70° 40' 00" WEST 41.12 FEET TO
THE POINT OF CURVATURE OF A 65.00 FOOT RADIUS CURVE TO THE RIGHT; THENCE
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 61' 18' 57" FOR AN ARC DISTANCE
OF 69.56 FEET TO A POINT ON THE CENTERLINE OF SAID SHELTON-BANGOR-BREMERTON
NAVAL RAILROAD, STATION 1716+97.12; THENCE CONTINUING ALONG SAID 65.00 FOOT
RADIUS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 44° 21' 03" FOR AN ARC
DISTANCE OF 50.31 FEET; THENCE NORTH 35° 00' 00" EAST 49.57 FEET TO THE POINT OF
CURVATURE OF A 75.00 FOOT RADIUS CURVE TO THE LEFT;THENCE ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 85° 50' 00" FOR AN ARC DISTANCE OF 112.36 FEET;
THENCE NORTH 50° 50' 00" WEST 4.32 FEET TO A POINT ON THE NORTHERLY MARGIN OF
SAID SHELTON-BANGOR-BREMERTON NAVAL RAILROAD RIGHT-OF-WAY AND THE
TERMINUS. THE SIDELINES OF SAII) STRIP OF LAND SHALL BE LENGTHENED OR
SHORTENED TO MEET AT THE SOUTHERLY AND NORTHERLY MARGINS OF SAID
SHELTON-BANGOR-BREMERTON NAVAL RAILROAD RIGHT-OF-WAY.
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N4425516RP00018
Exhibit A
06' 04- 1
45
A
\ BASIS WARM PER RE RD OF SURVEY FOR
DEPARTMENT OF THE NAW NESIERN DIVISION
1 n NAVAL FACHUTIES ENGINEERING COWIAND. VOLUME
\ 19.PAGES 103-01- 703-55,RECORDS OF
I \ KITSAP COUNTY IYASIIINCTON
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\SIP Exhibit B-3 \
N44255-16-RP-00018 Exhibit C
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Naval Facilities Engineering Command
4/WEAL NOR THANES'!"
ENVIRONMENTAL CONDITION OF PROPERTY CHECKLIST
This checklist may be used for real estate outgrant actions that present minimal
risk or liability to the Navy. An outgrant is a property right granted for use of
Government real property by a lease, easement, license, or permit. This checklist
may not be used to support the disposal or transfer of government property.
People Interviewed: Alan Burdick — NAVFAC Northwest; Ken Donleycott — City of
Bremerton; Russ Sackett — NAVFAC Northwest
Site Location and Description: This ECP Checklist is in support of an easement
renewal to the City of Bremerton for an access road over the U.S. Navy railroad
tracks located west of Gorst, Washington.
SITE SUMMARY INFORMATION •
1. Information regarding site uses and any hazardous materials, contamination, or conditions.
All available and pertinent files, records, reports, and aerial photographs were reviewed and a site
investigation was conducted to document the environmental conditions of the property to support the
proposed real estate action. A summary of the conditions and sources of information (including
location) are provided for each environmental condition.
Property uses
A Past use: Railroad; forested surroundings
Current use: Railroad; forested surroundings
Source of information: Site visit; ECP for entire rail line; Ken Donleycott
Is the property currently used, or in the past was it used for an industrial r Yes
purpose? p No
B Source of information: Site visit; Ken Donleycott
If yes, explain all uses: Unknown
If subject property is used for an industrial purpose, are chemicals/hazardous I"" Yes
substances stored and/or hazardous wastes generated/stored on the property? I✓' No
C Source of information: Site visit; Ken Donleycott
If yes, explain quantities and types chemicals and/or wastes: T Unknown
Is an adjacent property currently used, or in the past was it used for an industrial r Yes
purpose? P' No
D Source of information: Site visit; Ken Donleycott
If yes, explain: r Unknown
Are there currently, or have there been, any pits, ponds, or lagoons located on r Yes
the property in connection with waste treatment or waste disposal? FiNo
E Source of information: Site visit; Ken Donleycott
If yes, explain: r Unknown
Is there currently any stained soil on the property? f Yes
Source of information: Site visit No
F If yes, explain:
r Unknown
Page 1 of 6
Exhibit C
Are there currently, or have there been, any registered or unregistered storage r Yes
tanks (above or underground) located on the property?
G Source of information:Alan Burdick; Ken Donleycott 17 No
If yes, explain: r Unknown
Are there currently, or have there been, any vent pipes, fill pipes, or suspicious r Yes
piping protruding from the ground on the property adjacent to any structure
H located on the property? 17 No
Source of information: Site visit; Ken Donleycott r Unknown
If yes, explain:
Is the property currently, or has it been in the past, on a septic system or a well r Yes
for domestic water? No
Source of information: Alan Burdick
If yes, explain and include testing results for water: r Unknown
Does the property discharge wastewater(except sanitary waste or stormwater)? r Yes
Source of information: Site visit; Ken Donleycott No
If yes, explain:
r Unknown
Have any hazardous substances, petroleum products, or other waste materials
been disposed, buried and/or burned on the property?
Source of information: Site visit; Alan Burdick
If yes, explain: Treated lumber that was removed when the crossing was Yes
repaired a few years ago was left in a pile next to the tracks. It is recommended
K that the lumber be removed as a best management practice, but it is not a r No
significant source of contamination and will not impact this transaction. Alan r Unknown
Burdick will look into removal during a routine trash removal project along the
rail line. Note: Tires stored onsite are used to protect rail line from heavy
equipment crossing and are not discarded waste.
•
Is there a transformer, capacitor, or any hydraulic equipment for which there are
r Yes
any records indicating the presence of PCB's on the property?
L Source of information: Site visit 17 No
If yes, explain: r Unknown
Does the owner or occupant of the property have any knowledge of
r Yes
environmental liens or governmental notification relating to past or recurrent
M violations of environmental laws with respect to the property? P No
Source of information: Alan Burdick r Unknown
•
If yes, explain:
Is the owner or occupant of the property aware of any prior environmental siter.7Yes
assessment of the property?
N Source of information: NAVFAC Northwest site records I No
If yes, explain: Prior site assessment for entire rail line, which included the r Unknown
subject area. No issues in this location were identified.
Does the owner or occupant of the property know of any past, threatened, or
r Yes
pending lawsuits or administrative proceedings concerning environmental
0 issues on the property? 1%7 No
Source of information: Alan Burdick r Unknown
If yes, explain:
Page 2 of 6
Exhibit C
Is asbestos present on the property? r Yes
Source of information: Site visit—no structures
If yes, explain: r No
r Unknown
Does the property contain target housing units as defined by Title X of the Lead
Based Paint Hazard Reduction Act, or child-occupied facilities as defined by r Yes
BMS 9.6.7.2, which were constructed prior to 1978? (If yes, attach a completed
Q Lead Based Paint Risk Assessment that meets Housing and Urban 17 No
Development regulations) r Unknown
Source of information: Site visit—no structures
If yes, explain:
Is radon present on the property? r Yes
Source of information:
R If yes, explain: No
Comment: No onsite structures P. Unknown
Are radiological materials present on the property? r Yes
Source of information: Alan Burdick, Site visit r
S If yes, explain: No
r Unknown
Are munitions or explosives present on the property? r Yes
T Source of information: Alan Burdick17No
If yes, explain: r Unknown
Have threatened or endangered species been identified on the property? r Yes
U Source of information: CATEX r No
If yes, explain:
r Unknown
Have natural or cultural resources been identified on the property that require
protection?
Source of information: Russ Sackett
If yes, explain: The entire rail line is considered historic, but this easement
should not impact historic values. Mr. Sackett recommends that the following
easement language be included in the easement document in order to satisfy
any section 106 concerns: Lessee shall not undertake any activity that may l Yes
affect the characteristics that may make the railroad eligible for inclusion in the r No
National register of Historic Places(NRHP) as a district, including, but not
limited to, excavation, construction, alteration, or repairs of the Leased r Unknown
Premises, without the prior approval of Government Technical Representative
and in compliance with Section 106 of the National Historic Preservation Act
(NHPA) (54 U.S.C. §306108) and its implementing regulation (36 CFR Part
800). Buried cultural materials may be present on the Leased Premises. If such
material is encountered, Lessee shall stop work immediately and notify
Government Technical Representative.
Are there any other environmental issues that were apparent during this review?
Source of information: Alan Burdick; Ken Donleycott
If yes, explain: r Yes
w P- No
Page 3 of 6
Exhibit C
Government Records/Historical Sources Inquiry
2. Information regarding government records. All available and pertinent records were reviewed.
Do Federal government record systems such as EPA's ENVIROFACTS list
A the property or any property within the circumference of areas noted below:
❑ National Priorities List(NPL) sites—within 1.0 mile (1.6 km)? r Yes
i✓ No
❑ Site proposed for the NPL—within 0.5 mile(0.8 km)? r Yes
i✓ No
o Site deleted from the NPL—property and adjoining property? r Yes
I✓ No
o RCRA Corrective Action sites—within 1.0 mile(1.6 km)? r Yes
i✓ No
• RCRA TSD Facilities—within 0.5 mile (0.8 km)? r Yes
1".7 No
a RCRA generators-property and adjoining property? r Yes
No
B Do state record systems such as Washington's Facility Site Index list the
property or any property within the circumference of areas noted below:
o Hazardous waste sites identified for investigation or remediation that is r Yes
the state agency equivalent to the NPL—within 1.0 mile (1.6km)? r No
o Hazardous waste sites identified for investigation or remediation that is r Yes
the state agency equivalent to CERCLIS—within 0.5 mile (0.8km)? 7 No
❑ Leaking Underground Storage Tanks—within 0.5 mile (0.8km)? Yes
i✓ No
r
o Landfill or Solid Waste Disposal Sites-within 0.5 mile (0.8km)? Yes
i No
o State registered USTs-property and adjoining property? f' Yes
17 No
Required Real Estate Restrictions and Land Use Controls
Describe any required restrictions and land use controls.
None.
Page 4 of 6
Exhibit C
Environmental Professional •
Based on records reviews, site inspections, and interviews, I certify that to the best of
my knowledge and belief the environmental conditions of the property are as stated in
this document, and the property is suitable for outgrant.
11l�l�O�in���l�J2; t
Signature Title
,{,4i6/4„e
Printed Name Name Date
Real Estate Professional
I acknowledge the restrictions and/or land use conditions identified above and wilt
ensure they are made part of the outgrant document.
L/nutil ) F&-frot PLY
Signature I Title
Printed Name Date
Commanding Officer
I concur with the findings of this Environmental Condition of Property Checklist.
_/ G O-
'g ature Title
M s- 4...w4... 3/ 1G./ 1 to,
Printed Name Date
•
•
Page 5 of 6
Exhibit C •
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Page 6of6