HomeMy WebLinkAbout202207070002 Name and Mailing Address
CITY OF BREMERTON
345 6TH STREET, STE 100 CITY OF BREMERTON 202207070002
Lease Agreement Rec Fee: $ 215.50
07/0712022 08.11 AM Page 1 of 13
BREMERTON, WA 98337 Paul Andrews. Kitsap Co Auditor
The Recorder is required to use only the information
you provide on this cover sheet to index the document.
• Type or print legibly.
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Document Title(s): LEASE AGREEMENT FOR GORST CREEK
SALMON REARING FACILITY PROPERTY
Auditor's File Number of Document (s) Referenced:
Grantor(s) person(s)that conveys, sells or grants interest in property:
CITY OF BREMERTON
Grantee(s) person that buys, receives or to whom conveyance of property is made:
SUQUAMISH TRIBE
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
1/4 CORNER COMMON TO SECTIONS 31 (NE/4) AND 32(NW/4;
TOWNSHIP 24 N, RANGE 1 E, WILLIAMETTE MERIDIAN
Assessor's 14 digit Tax Parcel Number:4504-000-001 -0309; and
312401-1-001-2007
Angela Hoover , 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.
Signature: 2i\IJ' pApAuk_,
04/25/14
LEASE AGREEMENT
THIS LEASE AGREEMENT (hereinafter "Lease") is between the City of Bremerton, a
municipal corporation of the State of Washington, with offices located at 345 6th Street, Suite 100,
Bremerton, Washington 98337 (hereinafter "City"), and the Suquamish Tribe, a federally recognized
Indian Tribe, (hereinafter "Tribe"), (collectively referred to as "the Parties") and is entered into on this
1st day of April, 2022. The intent of this Lease is to continue the maintenance and operation of a salmon
rearing facility, herein referred to as the "Hatchery Area" and is further described within the text and
attachments to this Lease.
RECITALS
WHEREAS, the City owns certain land legally described in Exhibit A, and shown in Exhibit B,
and
WHEREAS, it is the Parties' desire to enter a 10-year lease to continue the partnership for
ongoing operation of the Hatchery on Gorst Creek, and
WHEREAS, the Parties acknowledge the shared benefits of the continued maintenance and
operation of the Hatchery Area on Gorst Creek on City property, and
WHEREAS,the City owns the land which the Hatchery Area is built upon and affords access to
Gorst Creek for salmon rearing purposes, and
NOW, THEREFORE, the Parties agree as follows:
AGREEMENT
1. PROPERTY.
1.1 Property Defined: The City leases to the Tribe and the Tribe leases from the City the real
property described in Exhibit A, and shown in Exhibit B as attached hereto and incorporated herein by
this reference, together with all the rights of the City, if any, to improvements on and easements
benefiting the Hatchery Area but subject to the exceptions and restrictions set forth in this Lease.
1.2 Survey, Maps, and Plans: The Tribe is not relying upon and the City is not making any
representations about any survey, plat, diagram, and/or legal description provided by the City.
1.3 Inspection: The City makes no representation regarding the condition of the Facility, or the
improvements located on the Hatchery Area.
2. DEFINITIONS.
For the Lease, and the interpretation and enforcement thereof, the following words and phrases
shall have the following meanings:
"Hatchery area" is that portion of the City property adjacent to Jarstad Park and the Forestry
Compound that includes water supply, fish pens and pools, two rearing ponds and raceways along with
associated pipelines, intake structures, diversions, water discharge, drainage structures and support
facilities which are more fully identified in Exhibit B in this lease. Said facilities are for egg incubation,
rearing of fry, and collection of returning adult fish.
Lease Agreement - 1
(Between City of Bremerton and the
Suquamish Tribe)
"Hatchery worker" means and includes every member, employee or volunteer of the Tribe, or
other outside organization that accesses the hatchery area or other City property for the purposes of
delivering people, materials or equipment to the hatchery facilities to manage, operate or maintain the
hatchery facilities, or to conduct any other city-approved activity within the lease area, including Kids
Fishing Day.
"Jarstad Park" is the public park facilities, and "Forestry Compound",both owned by the City,
which are adjacent to and surround the hatchery area as shown on Exhibit B.
3. USE.
3.1 Permitted Use: The relationship established under this Lease is for the continued operation
and maintenance of a salmon incubation and rearing hatchery which is composed of raceways,hatchery
support structures, rearing ponds and other facilities located within the Lease area as shown on Exhibit
B and legally described on Exhibit A and incorporated herein by reference. The Parties agree that with
the exception of the Kitsap Poggie Clubs annual Kids Fishing Day, the sole permitted use for the
Hatchery Area is for the incubation, rearing and collection of returning adult salmon unless the Parties
enter a written amendment to this Lease. This Lease shall not be construed as the City's waiver of land
use or other code provisions that would otherwise apply to any improvements or uses of the site.
3.2 Restrictions on Use: The Tribe shall not cause or permit any damage to natural resources on
or adjacent to the Hatchery Area, including but not limited to allowing any filling activity to occur on
the Hatchery Area without required permits. This requirement may pertain to moving deposits of rock,
earth, ballast, refuse, garbage, waste matter(including chemical, biological or hazardous substances, or
toxic wastes), hydrocarbons, any other pollutants, or other matter in or on the Hatchery Area, except as
is permitted herein and performed in the ordinary course of the business and except as otherwise
approved in writing by the City. Given the proximity to drinking water sources, all measures shall be
taken to prevent surface water or groundwater contamination. The Tribe shall develop and fully comply
with a pollution prevention plan that provides best management practices for hatchery operations and
proper direction on the transport, storage, use, and disposal of any chemicals or other pollutants
generated, used or stored on site. A copy of this plan shall be provided to the City. If the Tribe fails to
comply with all or any of the restrictions on the use of the Hatchery Area set out in this Subsection 3.2,
the City shall notify the Tribe and provide a reasonable deadline to take all steps necessary to remedy
the failure. If the Tribe fails to do so in a timely manner, then the City may take any steps reasonably
necessary as determined by the City to remedy this failure. Upon demand by the City, the Tribe shall
pay all costs of such remedial action, including but not limited to the costs of removing and disposing
of any material deposited improperly on the Hatchery Area. The covenants contained in Section 3.2
shall survive expiration or termination of this Lease.
3.3 Conformance with Laws: The Tribe shall, at all times, keep current and comply with all
conditions and terms of any permits, licenses, certificates, regulations, ordinances, statutes, and other
government rules and regulations regarding its use or occupancy of the Hatchery Area.
3.4 Liens and Encumbrances: The Tribe shall keep the Hatchery Area free and clear of any liens
and encumbrances arising out of or relating to its use or occupancy of the Hatchery Area.
3.5 Authorized Entry: The Tribe shall provide the City with a list of all authorized individuals
who will have access to the Hatchery Area. No overnight camping or parking shall be allowed.
Notification of changes to the list shall be provided to the City by telephone, e-mail, or fax to the City's
point of contact identified in Section 12. The Tribe shall provide to the City an emergency contact that
can be reached at any time, 24 hours per day, for any issues that may arise within the Hatchery Area or
within the Lease boundary.
4. TERM AND LEASE PAYMENT.
4.1 The City hereby leases to the Tribe the land legally described in Exhibit A, attached to this
Lease, and incorporated by reference, for the sum of One Dollar($1.00). This lease shall be for a period
of ten(10)years beginning on the 1 St day of April 2022 (the "Commencement Date")and ending on the
31 St day of March 2032 (the "Termination Date") This Lease may be extended or renewed by mutual
consent of all the parties.
4.2 Access: All access to the Hatchery Area shall be through the Forestry Compound and Jarstad
Park as shown in Exhibit C. No access is allowed through other City Utility lands, and all other access
gates will be kept locked at all times. Hatchery operations vehicles and trailers are the only vehicles
approved to access the Hatchery Area. No extended parking in the Hatchery area is allowed without
City approval. The Tribe shall supply its own locks for the gates associated with access to the Hatchery
Area and shall provide the City with a minimum of four (4) keys and/or the combinations to the locks.
Access by others to the Hatchery Area is only allowed by a separate executed agreement, with the
exception of access by the City or other regulatory agencies such as WDFW. Public access is allowed
for the annual Kids Fishing Day managed by the Kitsap Poggie Club as a volunteer for the Tribe. Any
other access by others, including but not limited to access for Tribe sponsored or associated events, for
work, or other charity activities, must be approved by the City in writing. The Tribe will notify and
request approval from the City 90 days prior to the planned event.
4.3 Permitting: The Tribe shall be solely responsible to secure all necessary local, state, and
federal permits necessary for the operation and maintenance of the Hatchery Area. These may include,
but are not be limited to Building and Occupancy Permits,NPDES and JARPA permitting, Department
of Ecology, EPA and all other Permits, Licenses and Registrations as applicable to the Hatchery Area
and Tribe Operations within the Hatchery Area.
4.4 Water Rights: The Parties intend that operation of the Hatchery Area will not adversely affect
the quality or quantity of the City's water supply, nor will it otherwise interfere with water utility
operations. This Lease does not authorize the Tribe to use any City water rights.
4.5ht to Terminate Early:
(a) If the parties agree to extend the lease under section 4.1, the parties shall have the following
additional rights under this Lease. The Tribe shall have the right to terminate the Lease at any
time during the Lease term upon giving the City one-year prior written notice of termination. If
the City determines that the Hatchery Area is needed for Utility or other City purposes,the City
may terminate the lease, without cost or penalties, at any time during the additional lease term
upon giving the Tribe one-year prior notice of the date of termination.
(b) In the event the City needs to obtain access to the Hatchery Area during the notice period, the
Tribe will cooperate with the City to allow access that does not unreasonably interfere with
Tribe's use of the Hatchery Area.
4.6 End of Term: Upon the expiration or termination of the Term, as applicable, the Tribe shall
surrender the Hatchery Area to the City in the same or better condition as existed on the commencement
date of the Lease, reasonable wear and tear excepted.
4.7 Hold Over: If the Tribe remains in possession of the Hatchery Area after the termination
date, the occupancy shall not constitute an extension or renewal of the term. The occupancy shall be a
Lease Agreement- 3
(Between City of Bremerton and the
Suquamish Tribe)
month-to-month tenancy, on terms identical to the terms of this Lease, which may be terminated by
either party with thirty (30) days written notice.
5. RESPONSIBILITIES.
5.1 The Tribe shall be responsible for operation and maintenance of the Hatchery Area and all
costs associated therewith for the length of this Lease.
5.2 The Tribe shall be responsible for operation and maintenance of all bridges,walkways,trails,
ramps, railings, etc. suspended, elevated or otherwise within the Hatchery Area as legally described in
Exhibit A.
6. FACILITY MODIFICATIONS AND GROUNDS MAINTENANCE.
The City shall have the opportunity to review and approve or deny any Hatchery Area
modifications recommended by the Tribe. The City shall not unreasonably withhold its approval of
modifications. The grounds and facility itself within the Hatchery Area shall be maintained in a manner
satisfactory to the City at the Tribes sole expense. No debris shall be allowed to accumulate on the Site,
trash will be removed and disposed of daily into a Tribe supplied garbage dumpster and removed by a
Tribe supplied garbage disposal service.
7. OTHER EXPENSES.
During the Lease Term, the Tribe shall pay the following additional expenses
7.1 Utilities: The Tribe shall pay all fees charged for utilities in connection with the use and
occupancy of the Hatchery Area, including but not limited to electricity, stormwater, sewer, water, gas,
garbage, cable, and telephone service.
7.2 Utility Easements: The Tribe shall pay for and maintain all Utility Easements associated with
the Hatchery area, hatchery structures and buildings.
7.3 Taxes and Assessments: The Tribe shall pay all taxes, assessments, and all other
governmental charges, of any kind whatsoever, applicable, or attributable to the Hatchery Area.
7.4 Right to Contest The Tribe may,in good faith,contest through any established appeal process
or similar procedure any tax or assessment at its sole cost and expense.
8. IMPROVEMENTS.
8.1 Lessee-Owned Improvements: So long as this Lease remains in effect,the Tribe shall retain
ownership of all existing improvements and all authorized improvements and trade fixtures it may place
on the Hatchery Area ("Tribe-Owned Improvements"). Tribe-Owned Improvements shall not include
any construction, reconstruction, alteration, or addition to the Hatchery Area by the City ("City-Owned
Improvements") or any unauthorized or unpermitted improvements.
8.2 Construction: Prior to the Tribe commencing any construction, alteration, replacement,
removal, or major repair of any improvements (whether City-Owned or Tribe Owned), the Tribe shall
submit to the City plans and specifications which describe the proposed activity. Construction shall not
commence until the City Department of Community Development has reviewed and approved the plans
and appropriate permits are in place. All construction shall follow standard City procedures, including
inspections. The City's consent and approval shall not be required for any routine maintenance or repair
of improvements made by the Tribe pursuant to its obligation to maintain the Hatchery Area in good
order and repair that does not result in the construction,alteration,replacement,removal,or major repair
of any improvements on the Hatchery area.
8.3 Structures: The Tribe may install a new modular building within the lease area to be used as
an office, laboratory, meeting room, workshop, equipment storage, or any other purpose necessary for
hatchery operations. Daily occupancy of this building is allowed for work-purposes only; no overnight
occupancy is allowed. Prior to installation, all required permits must be in place, including Flood Plain
Development Permit, City Building Permit, and Habitat Management Plan. The Tribe will retain full
ownership of the modular building and will be solely responsible for maintenance and repairs, and they
may remove the building at any time during the lease term, or at the termination of the lease.
8.4 Fencing: The Tribe may install a fence, for security or safety purposes, around, or within the
Lease area; however, the location and design of the fencing shall first be reviewed, approved and
permitted by the City's Department of Community Development.Any fence constructed within the lease
area will be the Tribe's responsibility for maintenance and repair.
8.5 Vacate of City Buildings and Spaces:
a. Upon receipt of occupancy approval for the new Modular Building, the Tribe shall vacate the
City's 12 ft X 20 ft wood structure that is currently used as a workshop and operations center. Upon
vacation of the structure, the City will demolish it, which is currently planned for the late summer of
2022.
b. Upon receipt of occupancy approval for the new Modular Building, the Tribe shall vacate the
City's Pump Station #1 Building rear storage room and remove all hatchery-related materials and
equipment.
c. In any event, the Tribe shall vacate the City's 12 ft x 20 ft. wood structure and City's Pump
Station#1 Building by no later than December 31, 2022.
9. INSURANCE.
The Tribe shall,as a condition of the Lease, secure and maintain the following liability insurance
policies insuring the Tribe and the City,against claims for injuries to persons or damages to the Hatchery
Area which may arise from or in connection with the exercise of the rights, privileges, and authority
granted to the Tribe.
9.1 Comprehensive general liability insurance, written on an occurrence basis, with limits not less
than:
(a) $2,000,000 00 for bodily injury or death to each person,
(b) $2,000,000 00 for property damage resulting from any one accident, and
(c) $2,000,000 00 for all other types of liability
9.2 Automobile liability for owned, non-owned and hired vehicles with a limit of
Lease Agreement - 5
(Between City of Bremerton and the
Suquamish Tribe)
$2,000,000 00 for each person and $2,000,000 00 for each accident.
9.3 Worker's compensation within statutory limits and employer's liability insurance with limits
of not less than $1,000,000.00.
9.4 Comprehensive form premises-operations,explosions and collapse hazard,underground hazard
and products completed hazard with limits of not less than $2,000,000.00.
9.5 The liability insurance policies required by this Section shall be maintained by the Tribe
throughout the term of the Lease, and such other period of time during which the Tribe is operating
without a Lease hereunder, or is engaged in the removal of its facilities.
9.6 The City shall be named as an additional insured and the Tribe's insurance shall be primary
and non-contributory as respects the City and shall contain a waiver of subrogation against the City
for claims arising out of any operations, liabilities and obligations to which coverage applies.
9.7 Within thirty (30)days after receipt by the City of said notice, and in no event later than fifteen
(15) days prior to said cancellation or intent not to renew, the Tribe shall obtain and furnish to the
City replacement insurance policies meeting the requirements of this Section.
10. INDEMNIFICATION. The Tribe shall indemnify and hold the City, its officers, officials,
employees, agents, and volunteers harmless from any and all claims, injuries, damages, losses or suits
including all legal costs and attorney fees, arising out of or in connection with this lease and use of the
Hatchery Area, except for injuries and damages caused by the City's sole negligence.
11.MAINTENANCE AND REPAIR.
11.1 The City's Repairs: The City shall not be required to make any alterations, maintenance,
replacements, or repairs in, on, or about the Hatchery Area, or any part thereof, during the term
of this Lease.
11.2 The City's Fencing: The City will maintain and repair any City fencing and gates that share
a common border with the Lease Boundary as shown in Exhibit B.
12. ENTRY BY THE CITY. The City shall have the right to enter the Hatchery Area at any
reasonable hour to inspect for compliance with the terms of this Lease upon twenty-four(24) hours'
notice.
13. NOTICE. Any notices required or permitted under this Lease may be personally delivered, e-
mailed, delivered by facsimile machine, or mailed by certified mail, return receipt requested, to the
following addresses or to such other places as the parties may direct in writing from time to time.
The City City of Bremerton
Attn: Director of Public Works& Utilities
100 Oyster Bay Ave
Bremerton, Washington 98312
The Tribe
The Suquamish Tribe
Attn: Rob Purser, Fisheries Director
PO Box 498
Suquamish, WA 98392
A notice shall be deemed given and delivered upon personal delivery, upon receipt of a confirmation
report if delivered by facsimile machine or e-mail,or three(3)days after being mailed as set forth above,
whichever is applicable.
14. MISCELLANEOUS.
14.1 Entire Lease: This Lease, including the exhibits and addenda, if any, contains the entire
Lease of the parties. All prior and contemporaneous agreements, promises, representations, and
statements relating to this transaction or to the Property, if any, are merged into this Lease.
14.2 Applicable Law and Venue: This Lease shall be interpreted by the laws of the State of
Washington and by the laws of the United States, where applicable.
14.3 Dispute Resolution: This paragraph shall govern the resolution of all disputes arising from
the implementation of this Lease. The parties intend to resolve their disputes through direct discussion
and, if such is not possible,then through the dispute resolution framework established below. All stated
time frames for resolving disputes may be lengthened by mutual consent.
a Direct Discussions: To initiate dispute resolution under this subsection,the complaining party
shall first provide notice by submitting a written complaint letter to the representative of the
party (as identified in this Lease) against whom the dispute is lodged, stating the nature of the
dispute,the requested resolution, and the factual basis supporting the requested resolution. The
responding party shall,within then(10)business days of receiving the complaint letter,provide
a written response, stating its agreement or disagreement with the nature of the dispute and the
requested resolution. If the responding party disagrees with the complaint or the proposed
resolution, the written response must provide at least one alternative resolution and the factual
basis supporting such resolution(s).Thereafter,the representatives of each party will,for fifteen
(15)business days, make a good faith attempt to resolve the dispute through one or more direct
discussions. If no mutually acceptable resolution is reached, the lead representatives will
prepare a joint statement within five business days, which includes a chronology, a synopsis of
the discussions that took place and the last stated position of each party.
b Mediation: If direct discussions between the parties fail to resolve the dispute,any participating
party may, within five business days of completing the direct discussion process, make written
request for mediation to be conducted at a place mutually agreeable to in writing by the Parties.
If the Parties agree to engage in mediation,the Parties shall seek a mutually acceptable mediator
and shall agree to a mutually acceptable mediation protocol. Enforcement of a mediation
agreement reached shall be the same as enforcement as an arbitration decision as set forth
herein. If a party objects to proceeding with mediation, then mediation may be bypassed, and
the dispute resolved pursuant to arbitration as set forth herein.
c Binding Arbitration: Should direct discussions prove unsuccessful in resolving the dispute,and
either mediation is not requested or is bypassed, or is also unsuccessful, either the complaining
or responding party may make a written demand for arbitration before a three-person panel.
Each party may select one person to sit on the panel and third person shall be mutually agreed
upon. The parties shall mutually agree to the arbitration protocol. Any arbitrator selected must
have a fundamental knowledge of and at least five (5) years' legal experience working with
contract law and working knowledge of Indian law and federal law. The arbitrators shall have
the power to establish a schedule for the hearing which hearing shall be limited to no more than
two consecutive business days to be equally divided between the Parties, including preliminary
Lease Agreement- 7
(Between City of Bremerton and the
Suquamish Tribe)
discovery to the extent he or she deems necessary and property under the conduct of the hearing,
and to conduct the hearing and administer oaths and affirmations. The arbitrators' decision shall
be accompanied by an explanation as to the basis for the award. Each party will pay for its own
attorneys' fees. All arbitration awards shall be binding upon the Parties and non-appealable.
Relief may include temporary, injunctive, or other provisional remedies, along with all other
remedies available in equity or at law, except as expressly limited in this Lease.
d Enforcement of Arbitration Award: Upon the issuance of an arbitration award or mediation
agreement,the prevailing party may seek the entry of judgment upon the award in any court of
competent jurisdiction. The court of competent jurisdiction shall enforce the decision of the
arbitrator and shall not modify,correct, alter or vacate said decision in any way unless the court
finds after notice and hearing upon application of a party to the arbitration, one or more of the
following (1) the arbitration decision was procured by corruption, fraud, or undue means, (2)
there was evident corruption in the arbitrator, or (3) the arbitrator was found guilty of the
specific misconduct of refusing to hear evidence pertinent and material to the controversy which
prejudiced the rights of a party. No court shall have jurisdiction to interfere in any with any
pending arbitration. No party may seek from such court any provisional remedy pending
appointment of the arbitrator or the arbitrator's rendition of the award. If the court vacates the
arbitration decision, then the court shall direct a rehearing either before the same arbitrator or
before a new arbitrator to be chosen in the manner provided in this section.
e Limited Waiver of Sovereign Immunity by the Tribe: Except for the limited waiver of sovereign
immunity provided in this Dispute Resolution subsection, nothing in this Lease shall be
construed as a general or specific waiver of the Tribe's sovereign immunity, which immunities
are expressly asserted. The Tribe hereby grants to the
City a limited waiver of sovereign immunity solely for the purpose of dispute resolution
provided in this Lease and such waiver shall not be extended to any other person, agency or
entity ("Limited Waiver") The Limited Waiver applies to contractual claims arising under this
Lease and does not apply to any non-contractual claims or to claims under any other agreement
between the Parties. Furthermore, nothing contained in this Limited Waiver shall be construed
to create a contractual relationship with or a cause of action in favor of any third party against
the Tribe. This Limited Waiver applies only to the enforcement of a mediation agreement or
arbitration award against the Tribe, provided such mediation agreement or arbitration award
has been secured in accordance with this Lease.
f No Requirement of Exhaustion of Tribal Court Remedies: The Parties acknowledge that under
the Limited Waiver provide for herein,the assumption of jurisdiction by any arbitrator or court
of competent jurisdiction shall not be delayed or curtailed by any doctrine requiring exhaustion
of Tribal court remedies.
g No Consent to State Court For Any Purpose: The Tribe expressly states and the City understands
and J acknowledges that the Tribe does not consent to the jurisdiction of the Superior Court of
g p
the State of Washington or any other state court for any purpose except if necessary to enforce
an arbitration or mediation award.
14.3 Modification: Any modification of this Lease must be in writing and signed by the Parties.
The City shall not be bound by any oral representations or statements.
14.4 Survival of Covenants: The covenants contained herein survive the termination or expiration
of the Lease for the applicable statute of limitation periods.
STATE OF WASHINGTON )
COUNTY OF KITSAP )
LOW 4G1 =`, ''`
I certify that I know or have satisfactory evidence that meet-Ili lNA is
the person(s) who appeared before me, and said person(s) acknowledged that he/she/they signed this
instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes
mentioned in the instrument.
GIVEN under my,taxitivid official seal this 21 day of lit ALL
20 L 1- . G�� CO4414
4\ •.......,,, cc 4
I NQ WARY i� Mk
ODA--
's� PUB\.\C' z% Notary Public in and for the State of
fi �,.'.*EXPIRES` Washington, residing at 14 Vj P4P
t,� OF""...... My appointment expires 1-I2.(p( L 3
ACCEPTED this day of j144e- , 20 2 Z
THE SUQUAMISH TRIBE
By
046.44.„.
LEONARD FOR MAN, Chairman ME ODY ALLE , ttorney
The Suquamish Tribe The Suquamish be
EXHIBIT A
LEGAL DESCRIPTION
GORST CREEK SALMON REARING FACILITY PROPERTY
Beginning at the%corner common to Sections 31 and 32,Township 24 North, Range 1 East,Willamette
Meridian,
thence N 44°12'46" E- 1812.54 feet to an existing fence corner on what is commonly known as the City
of Bremerton Gorst Creek Pumping Plant Property and the True Point of Beginning,
thence along an existing fence line N 40°30'16" E—71.18 feet to a fence corner,
thence N 16°42'20" E—33.79 feet to a fence corner,
thence S 72°38'26" W—33.06 feet to a point on the north side of the City of Bremerton's access road,
thence along the north side of said road N 80°36'12" W-47.61 feet,
thence along the north side of said road N 85°55'19" W—6.24 feet,
thence N 45°55'19" W—334.76 feet to a point on the southerly right-of-way of the U.S. Navy Railroad
(Bremerton Branch),
thence along said right-of-way S 10°42'20.85" W—20.80 feet,
thence continuing along said right-of-way N 82°05'12.80" W—138.87 feet,
thence S 45°55'19" E—163.81 feet,
thence S 14°04'41" W- 100.00 feet to a point on the north side of the City of Bremerton's access road,
thence along the north side of said road S 82°03'24"W - 251.67 feet,
thence along the west side of the City of Bremerton's access road S 28°55'27" E - 135.80 feet,
thence S 61°04'33"W-40 feet more or less to the thread of Gorst Creek,
thence S 27°03'39.52" E—187.82 feet, to a point on the westerly side of City of Bremerton access road,
thence following the westerly side of said access road to a point that lies S 24°06'37.04" W—340.79 feet
from the TPOB,
thence S 85°49'38.38" E—108.66 feet, to a point offset 20 feet from the south most raceway,
thence S 59°29'21.66" E—213.76 feet, to a point 20-foot offset from said raceway's southeast corner,
thence 5 30°30'38.34" W—23.72 feet,
thence S 58°12'06.18" E—159.76 feet, being a 20-foot offset of the southwest side of the settling pond.
thence N 31°47'53.82" E—80.63 feet, being a 20-foot offset of the southeast end of said pond,
thence N 58°12'06.18" W—123.75 feet, being a 10-foot offset of the northeast side of said pond,
thence N 31°47'53.82" E—36.73 feet,
thence N 55°22'51.56" W—174.40 feet,to a point which lies N 52°42'50" E - 1701.99 feet from the
corner common to Section 31 and 32 of Township 24 North, Range 1 East, Willamette Meridian,
thence N 33°32'03" E- 150 feet more or less to an existing fence corner,
thence N 50°25'31" W-224,53 feet along an existing fence line to the True Point of Beginning.
Gorst Legal LG update.doc
EXHIBIT B
G❑RST CREEK SALM❑N REARING B❑UNDARY
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APPROVED ACCESS ROUTES TO LEASE AREA
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