A&T LOT 896, SQUARE 620AREA: 15,608.92 S.F.

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DUE EAST 196.17'

LOT 250, SQUARE 620BOOK 153 PAGE 20

DUE WEST 196.17'

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DUE

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DUE NORTH3.67'

DUE SOUTH3.67'

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PLAT OF TRANSFER OF JURISDICTIONON A&T LOTS 896 & 897, SQUARE 620

Made for.SURVEYOR'S OFFICE, D.C.

Drawn by. S.P.T. Checked by J.S.F.

Record and computations by.Recorded at

Scale: 1 inch = 20 feet S.O. file

Recorded in Survey Book Page SO Reciept

SRW142200PLT1

NATIONAL CAPITAL PLANNING COMMISSIONWASHINGTON, D.C. _____________, 2016

Recommended by vote of the Commission on __________________, 20___ in accordance withSection 1 of An Act To authorize the transfer of jurisdiction over public land in the District ofColumbia, approved May 20, 1932 (47 Stat. 161; D.C. Official Code Section 10-111) and theNational Capital Planning Act of 1952, approved July 19, 1952 (66 Stat. 781; D.C. Official CodeSection 2-1001, et. seq.)

_______________________________________CHAIRMAN

DEPARTMENT OF THE INTERIOR,NATIONAL PARK SERVICE

WASHINGTON, D.C. _____________, 2016

By resolution # _________________ dated ___________________, and in accordance withwith Section 1 of An Act To authorize the transfer of jurisdiction over public land in the Districtof Columbia, approved May 20, 1932 (47 Stat. 161; D.C. Official Code Section 10-111), Ihereby transfer to the District of Columbia the jurisdiction over the portion of land known as________________________________, shown thus: for recreational purposes.

_______________________________________REGIONAL DIRECTOR,

NATIONAL CAPITOL REGION

By resolution # _________________ dated ___________________, and in accordance withwith Section 1 of An Act To authorize the transfer of jurisdiction over public land in the Districtof Columbia, approved May 20, 1932 (47 Stat. 161; D.C. Official Code Section 10-111), theCouncil of the District of Columbia hereby accepts the transfer of jurisdiction from the NationalPark Service over the portion of land known as ____________________________________,shown thus: for recreational purposes.

OFFICE OF THE SURVEYOROF THE DISTRICT OF COLUMBIA

WASHINGTON, D.C. _____________, 2016

I certify that this plat is correct and is hereby approved for record in this Office.

_______________________________________SURVEYOR D.C.

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TRANSFER OF JURISDICTION AND

DECLARATION OF COVENANTS REGARDING U.S. RESERVATION 724

(LOTS 896 AND 897 WITHIN SQUARE 620)

THIS TRANSFER OF JURISDICTION and DECLARATION OF COVENANTS REGARDING U.S. RESERVATION 724 (LOTS 896 AND 897 WITHIN SQUARE 620) IN THE DISTRICT OF COLUMBIA (the “Declaration”), by and between the DISTRICT of COLUMBIA, hereinafter referenced as the “District," and the UNITED STATES of AMERICA, acting in this instance by and through the Department of the Interior, by and through the Regional Director, National Capital Region, National Park Service, hereinafter referenced as “NPS.”

WITNESSETH:

WHEREAS, U.S. Reservation 724, which is composed of land owned by the United States, is designated as a part of the Park System of the Nation’s Capital, and is administered by the NPS; and

WHEREAS, U.S. Reservation 724, also known for assessment and taxation purposes as Lots 896 and 897 in Square 620, is located at the northeast corner of the intersection of First and L Streets, NW; and

WHEREAS, Lot 896 consists of approximately 15,608.92 square feet of land area and is located approximately 30 feet to the east of the northeast corner of the intersection of First and L Streets, NW; and

WHEREAS, Lot 897 consists of approximately 2,925 square feet of land area and occupies a 30-foot segment of the former First Street right of way; and

WHEREAS, Lot 896 is currently used for recreational purposes; and

WHEREAS, Lot 897 is currently used for pedestrian circulation along First Street; and

WHEREAS, in order to facilitate the improvement of the park space and improve pedestrian circulation along First Street, the District has requested that NPS transfer administrative jurisdiction of U.S. Reservation 724; and

WHEREAS, U.S. Reservation 724, hereinafter referred to as the “Transfer Property," is generally described and depicted on the Transfer of Jurisdiction Plat, labeled Exhibit A, attached hereto and made a part hereof; and

WHEREAS, the Transfer Property consists of the real property as described and depicted on Exhibit A and all existing structures, fixtures, equipment and utility infrastructure located within the boundaries of the Transfer Property; and

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WHEREAS, the NPS concluded its compliance with the National Environmental Policy Act with a determination that the Transfer of Jurisdiction qualifies as a categorical exclusion; and

WHEREAS, the NPS concluded its compliance with Section 106 of the National Historic Preservation Act with a determination that the Transfer of Jurisdiction would have no effect on historic properties; and

WHEREAS, the NPS and the District desire to enter into those certain covenants set forth below (the “Covenants”) and cause the Declaration and the Transfer of Jurisdiction Plat to be recorded with the District’s Office of the Recorder of Deeds; and

WHEREAS, the District and the NPS are conducting this transfer pursuant to 40 U.S.C. § 8124 and D.C. Official Code Section. 10-111 (the ‘‘Transfer Authority”), which authorize such transfers of jurisdiction and require they be recommended by the National Capital Planning Commission (NCPC); and

WHEREAS, while title to the Transfer Property shall remain vested in the United States, the NPS and the District intend this transfer of administrative jurisdiction to be subject to the Covenants set forth below, whereby administrative jurisdiction over the Transfer Property is transferred from the NPS to the District so long as the Transfer Property is used for recreational purposes and pedestrian circulation in compliance with the Covenants recited herein; and

NOW, THEREFORE, in accordance with the Transfer Authority and pursuant to the foregoing recitals, which are hereby incorporated as if fully set forth below; and in consideration of the mutual promises herein expressed, the NPS hereby transfers to the District, and the District hereby accepts from the NPS administrative jurisdiction of the Transfer Property, as depicted and described on Exhibit A, so long as the Transfer Property is used for recreational purposes and pedestrian circulation, consistent with and subject to the Covenants set forth hereinafter as follows:

The District agrees that, consistent with the terms of this Declaration, Lot 896 will continued to be used for recreational purposes.

The District agrees that, consistent with the terms of this Declaration, Lot 897 will continued to be used for pedestrian circulation, except that Lot 897 may be designed with a typical District Department of Transportation sidewalk section.

The District acknowledges that pursuant to the Transfer Authority only administrative jurisdiction of the Property is hereby transferred and that title to the Transfer Property remains vested in the United States of America.

The District agrees to assume jurisdiction of the Transfer Property. The District shall not transfer administrative jurisdiction of the Transfer Property without the prior written approval of the NPS. The NPS shall concur or object in writing 45 days of receipt of any proposed transfer.

If, in the opinion of the NPS, facts or circumstances arise which appear to be a material violation of any provision of this Declaration, the NPS shall promptly so notify the District in writing. The NPS and the District shall then use diligent good-faith efforts to reach

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agreement regarding what, if any, corrective actions are necessary and a schedule for completing such corrective actions, and the District shall initiate corrective action within one hundred twenty (120) days of the notice of violation.

Anti-Deficiency Act. Nothing in this Declaration shall be construed as binding the United States or the District to expend in any one fiscal year any sum in excess of appropriations made by Congress for this purpose or to involve the United States or the District in any contract or other obligation for this further expenditure of money in excess of such appropriations, 31 U.S.C. §134l(a)(l). In addition, all obligations of the District provided herein shall be subject to the limitations set forth in applicable federal law, D.C. Official Code § 47-105; the District of Columbia Anti-Deficiency Act, D.C. Official Code §§ 47-355.01 et seq. (as the foregoing statutes may be amended from time to time) and § 446 of the District of Columbia Home Rule Act.

The Covenants contained herein shall bind the NPS and the District and their assigns.

The NPS and the District have the right specifically to enforce these Covenants. This Declaration is not intended to confer upon any entity other than the NPS and the District and their assigns any rights or remedies hereunder.

All notices shall be given in writing and delivered either by overnight courier or certified mail. Notices to the parties shall be effective on delivery (or refusal thereof) and, until notice of a change of address is duly given, shall be delivered to the following addresses:

If to the NPS: Regional Director, National Capital Region 1100 Ohio Drive, S.W. Washington, D.C. 20242

With a copy to: Office of the Solicitor

U.S. Department of the Interior 1849 C Street, N.W. Washington, D.C. 20240 Attn: Associate Solicitor Division of Parks and Wildlife

If to the District: Office of Federal and Regional Affairs 1350 Pennsylvania Avenue, NW, Suite 326 Washington, DC 20004 Attn: Associate Director

Deputy Mayor for Planning and Economic Development 1350 Pennsylvania Avenue, N.W., Suite 317 Washington, D.C. 20004 Attention: Director of Real Estate

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With a copy to: Attorney for District [INSERT ADDRESS)

Effective date. The Declaration is effective on the date it is recorded in the District’s Office of the Recorder of Deeds following the recommendation of approval by the NCPC pursuant to 40 U.S.C. § 8124(a).

SIGNATURES APPEAR ON NEXT PAGES

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IN WITNESS WHEREOF, on the ____ day of ____________, 20___, , Regional Director, National Capital Region, National Park Service, having first considered and approved the foregoing Transfer of Jurisdiction and Declaration of Covenants, has directed the execution thereof in the name of said National Park Service, by hereunto setting his hand hereto.

WITNESS:

NATIONAL PARK SERVICE By:

DISTRICT OF COLUMBIA, SS.:

I, _____________________________, a Notary Public in and for the District of Columbia, do hereby certify that , who is personally known to me as the person named as Regional Director, National Capital Region, National Park Service, in the foregoing Transfer of Jurisdiction and Declaration of Covenants bearing the date of the ____ day of ____________, 20___, and hereunto annexed, personally appeared before me in said District, and as Regional Director aforesaid, and by virtue of the authority vested in him, acknowledged the same to be the act and deed of the National Park Service.

GIVEN under my hand and seal this ____ day of ____________, 20___.

Notary Public, District of Columbia

My Commission expires:

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IN WITNESS WHEREOF, on the day and year first written above,

___________________________ of the District of Columbia, having first considered and approved the foregoing Transfer of Jurisdiction and Declaration of Covenants, has directed the execution thereof in the name of said District of Columbia, by hereunto setting his or her hand hereto on the ____ day of _____________, 20____.

WITNESS:

DISTRICT OF COLUMBIA By:

DISTRICT OF COLUMBIA, SS.:

I, _____________________________, a Notary Public in and for the District of Columbia, do hereby certify that _____________________________________ who is personally known to me as the person named as _________________________________, in the foregoing Transfer of Jurisdiction and Declaration of Covenants bearing the date of the ____ day of ____________, 20___, and hereunto annexed, personally appeared before me in said District, and by virtue of the authority vested in him/her acknowledged the same to be the act and deed of the District of Columbia.

GIVEN under my hand and seal this ____ day of ____________, 20___.

Notary Public, District of Columbia

My Commission expires:

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This Declaration of Covenant has been reviewed and approved for legal sufficiency on this _____ day of ___________________, 20__17.

Attorney for the District

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