CARROLL COUNTY, SS

THE STATE OF NEW HAMPSHIRE

Docket No.: 2 12-2011_CV_00O61

Edward C. Furlong, ill

SUPERIOR COURT

Randall Cooper, Esquire, and Cooper Cargill Chant, p.A.

1' My name is David Ainsworth' I was born on April 3, 1951. I have lived in Bartlett, New

Hampshire all my life with the exception of three years in the early 19gc),s during which I lived in

East Conway or Albany, New Hampshire.

2' Between 1975 and 2009, I was employed by the united states Forest service on the

construction and maintenance crew as an equipment operator, waste water treatment

operator' and mechanic. During that time I worked at the u,s. Forest service fucility

immediately east of the Bartlett water Precinct baseball field on Route 302 in Bartlett.

3' During 1961 and 1962 I worked as a dishwasher, waiter, and busboy for Doug williams at the

AbenakiMotelat 1455 Route 302 in Bartlett, New Hampshire.

4' During my childhood and teenage years I played baseball and other sports on the field owned by

the Bartlett Water Precinct next door to the Abenaki Motel, and attended numerous community

events including cookouts there as well.

5' After I became an adult, I ptayed softball and continued to attend community functions and

events on the baseballfield.

6' since 20o9' I have served as a commissioner of the Bartlett water precinct. In that capacity,

and to satisfy my personal interest, I have reviewed the books and records of the water precinct

dating back to the 1g90,s.

7.

8.

9.

Based upon my personalexperience, I am fumiliar with the

property dating back to the late 1950,s.

historic use of the baseball field

The Bartlett water Precinct purchased the baseball field property in 1921 and has owned it

continuously since that time.

To the best of my knowledge, and based upon review of water precinct records dating back to

at least 1921, the baseball field has always been maintained and improved under cooperative

agreements between the water Precinct and the Bartlett Recreation Association or the Town of

Bartlett Recreation Department.

The Bartlett Recreation Association or the Bartlett Recreation Department have maintained and

improved the property. The water Precinct has never charged any fees of any kind for the use

of the baseball field.

11' The Bartlett water Precinct has never leased the property to any private entity and has never

charged admission to anyone to view events that take place at the ball field properry.

12' To my personal knowledge, baseball field has been used since at least the 195ds for public

recreation purposes including baseball games, field hockey games, youth and adult softball, and

other athletic events by members. From time to time there have been community picnics or

events on the baseball field property' The water Precinct has never charged anyone any fee on

account of those activities, and has made the property freely available to the public for

recreational and community use. The Bartlett water Precinct places no restrictions on use of

the property aside from giving Bartlett Recreation Department the first opportunity to schedule

events.

13' Based upon my personal experience and review of records of the water precinct dating back to

1921, the Bartlett water Precinct has never managed the baseball field to achieve a return on its

10.

Investment in the property' The baseballfield has always been held and utilized by the wateiPrecinct for the use of the public generally for recreationaf and community purposes.

FURTHER AFFTANT SAYETI.I NOT.

:|T::H[T i*r;: :||,0::l: ::.L,Til,!": :f le lt u rv t h at t h e sta tem ents co nta i n ed h e re i nare true and correct to the best of my knowledge and U"ii"t.

Dated: January lT,ZOlg

STATE OF NEW HAMPSHIRECOUNTY OF CARROLL

,n6Appeared before me this I ', day of January, 2013, David Ainsworth and affirmed under the pains

;lli':l]jfft#,H" that the saements contained herein are true and correct to the best of his

5^^"*y ll,Aetrl

!l I tat I u''lblustice of tne FeaceMy commission expires: