NUMBER THIRTY TWO (32)------------

-----------------NUMBER THIRTY TWO (32)------------

--- - -----DEED OF RATIFICATION AND CONVERSION-------

--------TO PUBLIC INSTRUMENT OF QUITCLAIM DEED-----

--------------CLEAN PARCEL TWELVE (12)-------------

---At San Juan, Puerto Rico, this sixth (6 t h) day of

May, Two Thousand Thirteen (2013).----------------

---------------------BEFORE ME---------------------

---JORGE L. MENDIN, Attorney at Law and Nota ry

Public in and for Puerto Rico, residing at San

Juan, Puerto Rico and with offices at 60 Jose Marti

Street, Hato Rey, San Juan, Puerto Rico.-----------

-------- - ---------------APPEAR----- - ---------------

---AS PARTY OF THE FIRST PART: United States of

America, hereinafter "Grantor" , acting by and

through the Departmen t of the Navy (the "Navy"),

Real Estate Contracting Officer, under and pursuant

to the powers and authority contained in the

provisions of Section 2905(b)(4) of the Defense

Base Closure and Realignment Act of 1990, 10 U.S.C.

§ 2687 note, as amended, and the implementing

regulations of the Department of Defense (32 C.F.R.

Part 17 4 ), having an address of four thousand nine

hundred eleven (4911) South Broad Street,

Philadelphia, Pennsylvania herein represented by

Gregory C. Preston, also known as Gregory Charles

Preston, of legal age, married and resident of the

State of New Jersey, United States of America, who

is authorized to appear in this deed as real estate

contracting officer, by virtue of that Certificate

of Appointment signed by the Assistant Secretary of

the Navy (Installations and Environment) on August

eighteenth (18 t h), Two Thousand Six (2006).---------

---AS PARTY OF THE SECOND PART: the Commonwealth of

Puerto Rico, hereinafter "Grantee", acting by and

through the Local Redevelopment Authority for Naval

Station Roosevelt Roads, public corporation and

government instrumentality of the Commonwealth of

Puerto Rico, herein represented by its Executive

Director, Maria de Lourdes Blazquez Arsuaga, of

legal age, married and resident of Guaynabo, Puerto

Rico, as authorized by the Resolution, signed on

April thirty (30) two thousand thirteen (2013), by

the Secretary of Economic Development and Commerce,

Alberto Bac6 Bague, President of the Board of

Directors, and certified by the Secretary of the

Board of Directors, Francisco Acevedo, on May

second (2nd) of the year two .thousand thirteen

(2013), under affidavit number 16,209.-------------

---I, the Notary, certify that I am personally

acquainted with the persons appearing here i n and by

their statements I further certify as to their age,

civil status, profession and residence. They assure

me that they have and in my judgment they do have

the necessary legal capacity to execute this

instrument, and accordingly they do hereby.--------

-----------------------STATE-----------------------

---FIRST: The United States of America and the

Commonwealth of Puerto Rico entered into a

Quitclaim Deed dated May six (6), Two Thousand

Thirteen (2013), executed by the United States of

America, represented by Gregory C. Preston, Real

Estate Cont racting Officer and the Local

Redevelopment Authority for Naval Station Roosevelt

Roads represented by Maria de Lourdes Blazquez

2

I

Arsuaga, as its Executive Director, hereinafter

"Quitclaim Deed".---------------------------------

---SECOND: The appearing parties state that the

Qui tclaim Deed pursuant to which the United States

of America transferred to the Local Redevelopment

Authority for Naval Station Roosevelt Roads the

title of the following described property,

hereinafter the "Property", is presently in

effect:--------------------------------------------

--- "Rural: Parcel of land identified as Parcel Eighteen (18) situated in the Ward of Quebrada Seca, Municipality of Ceiba, Puerto Rico, containing an area of one hundred twenty three thousand one hundred fifty six point eight (123,156.8) square meters, equivalent to thirty one point three hundred thirtyfour (31.334) cuerdas, more or les s ; bounded on the North, East, South and West, by lands of the principal estate from which it is segregated, property of the United States of America."---------

---The Property was segregated from property number

9,752 recorded at Page 76 of Volume 151 of Ceiba,

Registry of the Property, Fajardo Section, and

appears recorded at Page 76 of Volume 163 of Ceiba,

property number 10,279.----------------------------

---Due to changes affecting the properties adjacent

to its boundaries the general surface description

of the Property has changed and its new description

is as follows:-------------------------------------

---------------CLEAN PARCEL TWELVE (12)------------

---"Rural: Parcel of land identified as Clean Parcel Twelve (12) (formerly Parcel Eighteen (18)) situated in the Ward of Quebrada Seca, Municipality of Ceiba, Puerto Rico, containing an area of one hundred twenty three thousand one hundred fifty six point two hundred sixty-eight (123,156.268) square meters equivalent to thirty one point three hundred thirty-four (31.334) cuerdas, more or less; bounded on the North, South and West by Conservation Zone 5, property of the Commonwealth of Puerto Rico, Department of Natural Resources and on the East by Conservation Zone 5, property of the Commonwealth of Puerto Rico, Department of Natural Resources and

Sale Parcel ID, property of the United States of Arnerica)."-----------------------------------------

---THIRD: The Grantor acquired title to the

Property by virtue of Deed of Segregations and

Description of Remnant Deed Number Five Hundred

Seventy Six (576), executed on the eight (8th) day

of October, Two Thousand Ten (2010), before Notary

Public Raul J. Vila Selles.------------------------

---FOURTH: The Property is free of liens and

encumbrances except those that may appear of

record.--------------------------------------------

---FIFTH: The Grantor, as agreed in the Quitclaim

Deed for and in consideration of the perpetual use

of the Property, transfers to the Grantee and to

its successors and assigns, subject to the

reservations, exceptions, restrictions, conditions

and covenants expressed and set forth in the

Quitclaim Deed, all rights, title and interest in

and to the Property.------------------~-----------

---SIXTH: This conveyance is made subject to any

and all existing rights-of-way, easements,

covenants and agreements affecting the Property.--

---SEVENTH: It is understood and agreed that the

Grantee, its assigns, and all parties shall comply

with all applicable Federal, State, municipal, and

local laws, rules, orders, ordinances, and

regulations in the occupation, use, and operation

of the Property.----------------------------------

---EIGHT: The Quitclaim consists of eleven (11)

pages. Appended thereto are five (5) Exhibits that

the appearing parties have agreed to attach to the

first certified copy of this deed for purposes of

4

recordation.---------------------------------------

---NINTH: The appearing parties have agreed to

convert the Quitclaim Deed into a public instrument

for the purpose of recording it in the

corresponding section of the Registry of property

of Puerto Rico and hereby do so by delivering the

Quitclaim Deed to me, the Notary, which I proceed

to attach to the original of the Quitclaim Deed so

as to make it an integral part of my protocol of

public instruments for the current year.----------

---TENTH: In addition to the contents of this

public deed, the appearing parties hereby ratify

and confirm all of the terms and conditions of the

Quitclaim Deed and acknowledge that the attached

document which they have delivered to me contains

all the terms, covenants and conditions of their

agreement, as per the terms of the present deed.--

---ELEVENTH: The appearing parties hereby agree to

the extent required by law applicable to the United

States of America, to fully cooperate to remedy

promptly any and all technical defects and

irregularities of title that may constitute an

impediment or bar to the due and proper recordation

of this deed in the Registry of Property, free from

defects, includi ng, without

execution and filing for

limitation,

record of

the

any

supplementary or clarification deeds, affidavits,

and other public and / or private documents. Any

obligation created on the United States of America,

is specifically made subject to the availability of

appropriated funds to be used for such purposes.

Nothing contained herein shall be interpreted to

require obligations or payments by the United

States of America that are in violation of the

Anti-Deficiency Act, 31 U.S.C § 1341.--------------

---TWELFTH: Only for purposes of recording the

present deed at the Registry of the Property, the

Property is valued at ONE THOUSAND DOLLARS

($1,000.00).-------------------- __________________ _

---THIRTEENTH: The appearing parties hereby request

the Registrar of the Property to record the

Quitclaim Deed which has been acknowledged,

ratified and converted to a public deed hereunder,

together with the restrictive covenants therein

stated.--------------------_______________________ _

----------------------ACCEPTANCE------------------

---The appearing parties in accordance with the

particulars of this Deed accept the same, in all

its parts after, I, the Notary, gave them the

neces sary legal admonitions and warnings pertinent

to this public instrument. Thus, the appearing

parties state and execute this deed in my presence

after having read the same, and place their

initials on each and every page hereof and sign

their name on the last page of this deed, before

me, the Notary, that as to everything else

hereinbefore stated, I the Notary, hereby ATTEST.--

\,

./

6

QUITCLAIM DEED Clean Parcel 12 (Sale Parcel 18)

Execution Version 5-3-13

THIS INDENTURE ("Quitclaim Deed") is made the {;4h day of May, 2013 between 2 United States of America, acting by and through the Secretary of the Navy, NA VFAC Base 3 Closure Program Management Office Southeast, Charleston, South Carolina, hereinafter referred 4 to as "GOVERNMENT," and Local Redevelopment Authority for Naval Station Roosevelt 5 Roads, a government instrumentality of the Commonwealth of Puerto Rico ("Commonwealth"), 6 created, operated, and existing under and by virtue of the laws of the Commonwealth, and 7 designated by the Commonwealth and the Office of Economic Adjustment on behalf of the 8 Secretary of Defense as the public agency to plan, promote, and implement the redevelopment 9 of the former Naval Station Roosevelt Roads, hereinafter referred to as "GRANTEE." It is based

10 upon the following facts: 11

12 Recitals l3 14

15

16

17

18

19

20 21

22 23

24 25

A. Pursuant to Section 8132 of the Department of Defense Appropriations Act for Fiscal Year 2004 (Public Law No. 108-87; the "Appropriations Act"), the GOVERNMENT was directed to close Naval Station Roosevelt Roads, Puerto Rico ("NSRR") no later than six (6) months after the enactment of the Appropriations Act, and to do so pursuant to the procedures and authorities contained in the Defense Base Closure and Realignment Act of 1990, as amended (title XXIX of Public Law No. 101-510, 10 U.S.C. § 2687 note; the "Base Closure Act").

B. Pursuant to the power and authority provided by Section 2905(b)( 4) of the Base Closure Act and the implementing regulations of the Department of Defense (32 C.F.R. Part 174), the GOVERNMENT is authorized to convey surplus property at a closing installation to a local redevelopment authority for economic development purposes.

26 C. On August 30, 2006, the Office of Economic Adjustment of the Department of 27 Defense recognized the GRANTEE, also known as the Portal del Futuro Authority and the 28 Roosevelt Roads Naval Base Lands and Facilities Redevelopment Authority, as the local 29 redevelopment authority for purposes of implementing the local redevelopment plan at NSRR. 30 31 D. GRANTEE, by application dated 17 December 2010, requested an "Economic 32 Development Conveyance" ("EDC") of a portion of the surplus property comprised of 33 approximately 1370.20 acres of the former Naval Station Roosevelt Roads, Ceiba, Puerto Rico. 34

35 E. The GRANTEE's EDC application was accepted by the GOVERNMENT on 16 36 September 2011. 37

38 F. The GOVERNMENT and the GRANTEE executed an Economic Development 39 Conveyance Memorandum of Agreement on December 20, 2011 ("Original Agreement") 40 detailing the specifics of the transfer of property under the Government-approved EDC,

4824-2307-2531.1

Clean Parcel 12 Deed Page 2.

including the consideration to be paid by the GRANTEE to the GOVERNMENT for such 2 transfer. 3 4 G. The Original Agreement did not address ownership of a parcel consisting of 5 approximately one thousand, five hundred and forty-two (1,542) acres at NSRR referred to as 6 "Parcel 1" and a parcel consisting of approximately four hundred and ninety-seven (497) acres at 7 NSRR referred to as "Parcel 2." 8

9 H. The GOVERNMENT and the GRANTEE executed an amendment to the Original 10 Agreement on December 11,2012 ("Amendment No. I") to address the transfer of Parcel 1 and 11 Parcel 2 to the GRANTEE (the Original Agreement, as amended by Amendment No.1, is 12 referred to herein as the "EDC Agreement"). 13

14

15 16

17 18

19

20 21

1. GRANTEE hereby offers consideration in the amount set forth in the EDC Agreement, plus other good and valuable consideration, to it in hand paid by GRANTEE, the receipt of which is hereby acknowledged; and GOVERNMENT has granted, bargained, sold, and released and by these presents does grant, bargain, sell, and release unto the said ~ GRANTEE, its successors, and assigns, all right title and interest in and to that certain parcel of real property at the former NSRR and identified as "Clean Parcel 12" by the NSRR Disposal Map attached hereto and made a part hereof as Exhibit "A." .

22 NOW THEREFORE, by the acceptance of this Quitclaim Deed or any rights hereunder, 23 the GRANTEE, for itself, its successors and assigns, agrees that the transfer of all the property 24 transferred by this Quitclaim Deed is accepted subject to the following terms, restrictions, 25 reservations, covenants, and conditions set forth below, which shall run with the land, provided 26 that the property transferred hereby may be successively transferred only with the proviso that· 27 any such subsequent transferee assumes all of the obligations imposed upon the GRANTEE by 28 the provisions of this Quitclaim Deed with respect to the property being transferred. 29 30 IN CONSIDERATION OF THE FOREGOING, of the terms and conditions set forth 31 below and of other good and valuable consideration (the receipt and adequacy of which, as 32 consideration, the parties hereto both acknowledge), the parties hereto, intending to be legally 33 bound hereby, have agreed to, and do hereby, effectuate the conveyance set forth below. 34 35 Conveyance Language 36

37 GOVERNMENT does hereby, subject to any easements and encumbrances of record 38 and subject to the reservations, exceptions, notices, covenants, conditions, and restrictions 39 expressly contained herein, grant, sell, convey, remise, release, and quitclaim unto GRANTEE, 40 its heirs, successors, and its assigns, without any warranty, express or implied, as to the quantity 41 or quality of GOVERNMENT's title (except such warranties as are specifically set forth herein, 42 required by 42 U.S.C. § 9620(h)(4), or otherwise required by law), all GOVERNMENT's right, 43 title, and interest in that certain real property, comprising 30.433 acres or 31.334 cuerdas, as per

4824-2307-2531.1


1 plat or land plot plan prepared by Integra - Architects and Engineers and recorded at the Registry 2 of Property with this same total area of cuerdas (collectively, "PROPERTY"), including, but not 3 limited to the underlying, estate, buildings, structures, and improvements situated or installed 4 thereon, commonly known as and referred to herein as Clean Parcel Twelve (CP-12) (formerly 5 Parcel Eighteen (18)), more fully described on the documents attached to this Quitclaim Deed and 6 incorporated herein as Exhibit "B". 7 8 TOGETHER WITH all and singular the ways, waters, water-courses, driveways, rights, 9 hereditaments and appurtenances, whatsoever thereunto belonging, or in any wise appertaining,

10 and the reversions and remainders, rents, issues and profits thereof; and all the estate, right, title, 11 interest, property, claim and demand whatsoever of GOVERNMENT, in law, equity, or 12 otherwise howsoever, of, in, and to the same and every part thereof, and 13

14

15 16

17

18

19

TO HAVE AND TO HOLD the said lots or pieces of ground above described, the hereditaments and premises hereby granted, or mentioned and intended so to be, with the J appurtenances, unto the said GRANTEE, its heirs, its successors, and its assigns, and subject to the reservations, restrictions, and conditions set forth in this instrument, to and for the only proper use and behalf of the said GRANTEE, its heirs, its successors, and its assigns forever. ,.. . . .

20 Special Sections 21 22 I. Access Easements: GRANTEE, upon acceptance of the PROPERTY, shall enjoy the 23 right and use of, and GRANTOR hereby assigns to GRANTEE, GRANTEE's interest in that 24 certain non-exclusive easement(s), constituted by public deed number five hundred, seventy-five 25 (575), executed on 8 October 2010 for the benefit of the GOVERNMENT, its successors, and 26 assigns, all as illustrated by Exhibit "C". 27

28 Environmental Notices for the Property 29 30 II. Notice of Environmental Condition: Information concerning the environmental 31 condition of the PROPERTY is contained in the document known as the Finding of Suitability 32 to Transfer dated August 2010 (Parcel 18 (South Delicias Hill)), which is attached hereto and 33 made a part hereof as Exhibit "D" (the "FOST"), the receipt of which is hereby acknowledged 34 by the GRANTEE. An Environmental Condition of Property (ECP) report is referenced in 35 the FOST; the FOST and ECP reference environmental conditions on the PROPERTY. The 36 FOST sets forth the basis for the GOVERNMENT's determination that the PROPERTY is 37 suitable for transfer. Together, the ECP and FOST contain all pertinent information currently 38 known by GOVERNMENT as to the environmental condition of the PROPERTY. GRANTEE 39 hereby acknowledges that it has been provided copies of the ECP and FOST. The specific 40 environmental conditions described in the FOST and ECP, which are applicable to the 41 PROPERTY, are contained in this Quitclaim Deed. 42

4824-2307-2531.1


III. ProDertv Covered by Covenant and Access Rights Made Pursuant to Section 2 120(h)(4)(D) of the Comprehensive Environmental Response, Compensation, and Liabilitv 3 Act of 1980 (42 U.S.C. § 9620(h)(4)(D»: For the property, the Grantor provides the following 4 covenants and retains the following access rights:

5 a. Covenant Pursuant to Section 120(h)(4)(D)(i) of the Comprehensive 6 Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. § 7 9620(h)(4)(D)(i)): Pursuant to Section 120(h)( 4)(D)(i) of the Comprehensive Environmental 8 Response, Compensation and Liability Act of 1980 (42 U.S.C. § 9620(h)(4)(D)(i)), the United 9 States warrants that any response action or corrective action found to be necessary after the date

10 of this deed for contamination existing on the PROPERTY prior to the date of this deed shall be 11 conducted by the United States. 12

13 14 15

16

17 18

19

20 21 22 23

24

25 26

b. Access Rights Pursuant to Section 120(h)(4)(D)(ii) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.c. § 9620(h)(4)(D)(ii)): The United States retains and reserves a perpetual and assignable easement and right of access on, over, and through the PROPERTY, to enter upon the PROPERTY in any ~ case in which an environmental response or corrective action is found to be necessary on the part of the United States, without regard to whether such environmental response or corrective action is on the PROPERTY or on adjoining or nearby lands. Such easement and right of access , . . includes, without limitation, the right to perform any environmental investigation, survey, monitoring, sampling, testing, drilling, boring, coring, testpitting, installing monitoring or pumping wells or other treatment facilities, response action, corrective action, or any other action necessary for the United States to meet its responsibilities under applicable laws and as provided for in this instrument. Such easement and right of access shall be binding on the GRANTEE and its successors and assigns and shall run with the land.

27 In exercising such easement and right of access, the United States shall provide the GRANTEE 28 or its successors or assigns, as the case may be, with reasonable notice of its intent to enter upon 29 the PROPERTY and exercise its rights under this clause, which notice may be severely curtailed 30 or even eliminated in emergency situations. The United States shall use reasonable means to 31 avoid and to minimize interference with the GRANTEE's and the GRANTEE's successors' and 32 assigns' quiet enjoyment of the PROPERTY. At the completion of work, the work site shall be 33 reasonably restored. Such easement and right of access includes the right to obtain and use utility 34 services, including water, gas, electricity, sewer, and communications services available on the 35 PROPERTY at a reasonable charge to the United States. Excluding the reasonable charges for 36 such utility services, no fee, charge, or compensation will be due the GRANTEE, nor its 37 successor and assigns, for the exercise of the easement and right of access hereby retained and 38 reserved by the United States. 39

40 In exercising such easement and right of access, neither the GRANTEE nor its successors and 41 assigns, as the case may be, shall have any claim at law or equity against the United States or any 42 officer, employee, agent, contractor of any tier, or servant of the United States based on actions

4824-2307-2531.1


taken by the United States or its officers, employees, agents, contractors of any tier, or servants 2 pursuant to and in accordance with this clause; Provided, however, that nothing in this paragraph 3 shall be considered as a waiver by the GRANTEE and its successors and assigns of any remedy 4 available to them under the Federal Tort Claims Act. 5

6 IV. Grantee Notice Requirement Regarding Future Sale or Assignment: In accordance 7 with that certain RCRA 7003 Administrative Order on Consent (EPA Docket No. RCRA-02-8 2007-7301) ("Order"), and for as long as such Order is in effect, GRANTEE, on behalf of its 9 heirs, successors and assigns, covenants that it shall provide written notice to the

10 GOVERNMENT of any subsequent sale or assignment of the PROPERTY, or any portion 11 thereof, and provide contact information concerning the new owner or assignee. The following 12 is the point of contact for notice to the GOVERNMENT: 13

14

15

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18 19

20 21

22

23

Director NA VF AC BRAC Program Management Office SE 4130 Faber Place Drive Suite 202 North Charleston, SC 29405

In the event GRANTEE, its successors or assigns (each hereinafter called a "Transferor") conveys the PROPERTY, or any portion thereof, the Transferor shall provide to the party acquiring the PROPERTY, or any portion thereof, notice of this requirement.

24 V. Lead Based Paint Hazard Disclosure and Acknowledgment: The PROPERTY 25 contains improvements that, due to their age, are likely to have been painted with lead based 26 paint. 27

28 1. Lead from paint, paint chips, and dust can pose health hazards if not managed 29 properly. Pursuant to 40 C.F.R. Section 745.113, the following notice is provided: "Every 30 purchaser of any interest in residential real property on which a residential dwelling was built 31 prior to 1978 is notified that such property may present exposure to lead from lead-based paint 32 that may place young children at risk of developing lead poisoning. Lead poisoning in young 33 children may produce permanent neurological damage, including learning disabilities, reduced 34 intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a 35 particular risk to pregnant women. The seller of any interest in residential real property is 36 required to provide the buyer with any information on lead-based paint hazards from risk 37 assessments or inspections in the seller's possession and notify the buyer of any known lead-38 based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is 39 recommended prior to purchase." The GRANTEE shall be responsible for managing all lead-40 based paint and potential lead-based paint in compliance with all applicable Federal, 41 Commonwealth, and local laws and regulations.

4824-2307-2531.1


2 2. The GRANTEE hereby acknowledges the required disclosure of the presence of 3 any known LBP and/or LBP hazards in target housing constructed prior to 1978 in accordance 4 with the Residential Lead-Based Paint Hazard Reduction Act of 1992,42 U.S.C. Section 4852d 5 (Title X). The GRANTOR agrees that it has provided to GRANTEE, and GRANTEE 6 acknowledges the receipt of, available records and reports pertaining to LBP andlor LBP hazards 7 and receipt of the Environmental Protection Agency (EPA) approved pamphlet: Renovate Right: 8 Important Lead Hazard Information for Families, Child Care Providers and Schools. 9 Furthermore, the GRANTEE acknowledges that it has read and understood the EPA pamphlet.

10

11 3. The GRANTEE covenants and agrees that, in any improvements on the 12 PROPERTY defined as target housing by Title X and constructed prior to 1978, LBP hazards 13 will be disclosed to potential occupants in accordance with Title X before use of such 14 improvements as a residential dwelling (as defined in Title X). Further, the GRANTEE 15 covenants and agrees that it shall, or it shall require future transferees of the PROPERTY to, 16 abate LBP hazards in any applicable target housing in accordance with the requirements of Title 17 X, to the extent applicable, before re-occupancy of the residential dwelling, in accordance with 18 applicable laws. "Target housing" means any housing constructed prior to 1978, except housing 19 for the elderly or persons with disabilities (unless any child who is less than six (6) years of age 20 resides, or is expected to reside, in such housing) or any zero-bedroom dwelling. 21

22 4. The GRANTEE acknowledges that the GRANTOR assumes no liability for costs 23 or any damages for personal injury, illness, disability, or death to the GRANTEE, or to any other 24 person, including members of the general public, arising from or incident to the purchase, 25 transportation, removal, handling, use, disposition, or other activity causing or leading to contact 26 of any kind whatsoever with LBP on the PROPERTY, arising after the conveyance of the 27 PROPERTY from the GRANTOR to the GRANTEE, whether the GRANTEE has properly 28 warned, or failed to properly warn, the persons injured. 29 30 5. Upon execution of this Quitclaim Deed, the GRANTEE covenants and agrees that 31 it shall, and it shall require future transferees of the PROPERTY to, be responsible at its own 32 cost and expense for the maintenance and management of LBP and LBP hazards located in the 33 improvements on the PROPERTY, and the GRANTEE shall comply with Title X and all 34 applicable Federal, Commonwealth, and local laws relating to LBP. 35 36 VI. Asbestos Containing Materials Disclosure and Acknowledgment: GRANTEE hereby 37 acknowledges that asbestos containing materials (ACM) remain in buildings on the PROPERTY 38 and agrees to manage any and all remaining ACM in accordance with applicable laws and 39 regulations. 40

41 1. GRANTOR covenants that it has provided to the GRANTEE all documentation in 42 its possession regarding the presence of any known ACM, and the GRANTEE acknowledges 43 receipt of documentation disclosing the presence of any known ACM in the buildings and

4824-2307-2531.1


structures on the PROPERTY. The GRANTEE covenants that it will, and it will require future 2 transferees of the PROPERTY to, prohibit use or occupancy of buildings and structures, or 3 portions thereof, containing known friabl~ and accessible, or damaged ACM prior to abatement 4 of the friable and accessible, or damaged ACM or demolition of the building or structure, to the 5 extent required by applicable law. 6

7

8 9

10

11

12

13

14

15

16

17

18

2. The GRANTEE covenants and agrees that it shall require, and it shall require future transferees of the PROPERTY, in its use and occupancy of the PROPERTY, including but not limited to demolition of buildings containing ACM, to comply with all applicable Federal, Commonwealth and local laws relating to ACM. The GRANTEE acknowledges that the GRANTOR assumes no liability for costs or any damages for personal injury, illness, disability, or death to the GRANTEE, or to any other person, including members of the general public, arising from or incident to the purchase, transportation, removal, handling, use, disposition, or activity causing or leading to contact of any kind whatsoever with ACM in the improvements on the PROPERTY, arising after the conveyance of the PROPERTY from the GRANTOR to the GRANTEE, whether the GRANTEE has properly warned, or failed to properly warn the persons injured.

19 3. The GRANTEE covenants and agrees that it shall, and it shall require future 20 transferees of the PROPERTY, upon demolition of the improvements located on the 21 PROPERTY, remove all ACM in accordance with the EPA National Emission Standard for 22 Hazardous Air Pollutants (NESHAP), 40 C.F.R. Section 61, Subpart M and applicable 23 Commonwealth laws and regulatic)fls. 24

25 VII. Non-interference with Navigable Airspace: The GRANTEE covenants for itself, 26 successors, and assigns, and every successor in interest to the PROPERTY herein described, or 27 any part thereof, that any construction or alteration is prohibited unless a determination of no 28 hazard to air navigation is issued by the Federal Aviation Administration in accordance with 29 Title 14, Code of Federal Regulation, Part 77, entitled "Objects Affecting Navigable Airspace", 30 or under the Authority of the Federal Aviation Act of 1958, as amended. 31

32 VIII. Protection of Archeological Resources: The GRANTEE shall monitor for 33 archeological artifacts during its construction activities and shall take appropriate action should 34 any artifacts be discovered in accordance with the Memorandum of Agreement between the 35 United States Navy and the Puerto Rico Historic Preservation Officer concerning the disposal of 36 Naval Activity Puerto Rico executed September 28,2011. 37 38 IX. Protection of Wetlands: The GRANTEE is hereby notified that the PROPERTY may 39 contain wetlands. Wetland activities such as filling, draining or altering are regulated by Federal 40 laws. Section 404 of the Clean Water Act (CWA) establishes a program to regulate the 41 discharge of dredged or fill material into waters of the United States, including wetlands. 42 Activities in waters of the United States regulated under this program include fill for

4824-2307-2531.1


development, water resource projects (such as dams and levees), infrastructure development 2 (such as highways and airports) and mining projects. 3 4

5 General Provisions

6 X. Conveyance is "As Is - Where Is": Except as expressly provided in this Quitclaim 7 Deed or as otherwise required by law, the PROPERTY is being conveyed "AS IS" and "WHERE 8 IS," without representation, warranty, or guaranty as to quality, quantity, character, condition, 9 size, kind, or fitness for a particular purpose. In this regard, GRANTEE acknowledges,

10 recognizes and accepts that the plat reflects that the general surface description of the 11 PROPERTY has changed due to changes affecting the properties adjacent to its boundaries. The 12 new legal description of the PROPERTY, after taking account of the changes affecting its 13 boundaries, is also described in Exhibit "B" hereto. 14

15

16

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18

19

20 21

22 23

24

25

XI. Covenant Regarding Non-Discrimination: GRANTEE covenants for itself, its successors, and assigns and every successor in interest to the PROPERTY, or any part thereof, CPR that GRANTEE and such heirs, successors, and assigns shall not discriminate upon the basis of G U(JA race, color, religion, disability, or national origin in the use, occupancy, sale, or lease of the _ ~I\<f!) PROPERTY, or in their employment practices conducted thereon. This covenant shall not apply /1 r I

however, to the lease or rental of a room or rooms within a family dwelling unit, nor shall it apply with respect to PROPERTY 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.

26 XII. General Notice Provision: 27

28 To facilitate such future cooperation, the following points of contact have been designated by the 29 GOVERNMENT, GRANTEE, United States Environmental Protection Agency (USEP A) and 30 Puerto Rico Environmental Quality Board (PREQB): 31

32 GOVERNMENT: 33 34

35

36

37

38 GRANTEE: 39

40 41

42

43

4824-2307-2531.1

Director NA VF AC BRAC Program Management Office Southeast 4130 Faber Place Drive Suite 202 North Charleston, SC 29405

Executive Director Local Redevelopment Authority for Naval Station Roosevelt Roads 400 Calaf St. PMB#456 San Juan, PR 00918-1314

2 3

4

5

6


With a copy to: Kutak Rock LLP 1101 Connecticut Avenue, NW Suite 1000 Washington, DC 20036 Attention: George Schlossberg, Esq.

7 USEPA: u.S. Environmental Protection Agency Region 2 8

9

10

11

12

290 Broadway - 22nd Floor New York, NY 10007-1866 Attention: Chief, RCRA Programs Branch

13 PREOB: Puerto Rico Environmental Quality Board Oficina del Presidente - Pi so 5 Ave. Ponce de Leon #1308

14

15

16 Carr Estatal 8838 17 Sector E1 Cinco 18 Rio Piedras, PR 00926 19 20 XIII. Recording of Title: 21

22 23

24

25 26 27

28 29

The appearing parties do hereby acknowledge that although this Quitclaim Deed is a valid and legally binding document, it may not fulfill the requirements established by the Mortgage and ~ Registry Property Act of 1979 for the recording of titles at the Registry of Property of Puerto Rico (the "Registry"). Therefore, the appearing parties agree to jointly take all actions ~ reasonably necessary in accordance with and subject to the authorities and limitations prescribed hl'l . ,. by applicable Federal and Commonwealth law to cause the recordable documents to be executed, I' I filed and registered in the Registry.

30 The appearing parties do hereby further acknowledge and recognize that in order for these 31 parcels to exist as separate properties and be developed as intended, it may be necessary for the 32 same to be segregated and the need for necessary easements to be created for the benefit of these 33 parcels may arise. In the event that such easements are granted by the GOVERNMENT, the 34 appearing parties acknowledge that the Recordable Documents must include such transactions 35 and in a timely manner and agree to jointly take all actions reasonably necessary in accordance 36 with and subject to the authorities and limitations prescribed by applicable Federal and 37 Commonwealth law to cause the recordable documents to be executed, filed and registered in the 38 Registry. 39 40 Notwithstanding the foregoing, it is the intent of the appearing parties that immediately upon 41 execution of this Quitclaim Deed, as it appears herein, all right, title and interest in the 42 PROPERTY shall have conveyed to the GRANTEE. 43

4824-2307-2531.1


1 Any requirement for the obligation or payment of funds by the GOVERNMENT established by 2 any provision of this Quitclaim Deed shall be subject to the availability of appropriated funds, 3 and no provision herein shall be interpreted to require an obligation or payment in violation of 4 the Anti-Deficiency Act, 31 U.S.C. Section 1341. 5

6

7

8

9

XIV. Counterparts: This Quitclaim Deed may be executed in counterparts, each of which Or;(:{( shall be deemed an original, and such counterparts may be assembled to form a single document. .A ~ ~ P- .

The remainder of this page is intentionally left blank - IV ~

4824-2307-2531.1


Execution

IN WITNESS WHEREOF, the undersigned, acting pursuant to the authority vested unto him as Real Estate Contracting Officer for the United States of America, has hereunto executed this Quitclaim Deed as of the day and year first written above.

UNITED STATES OF AMERICA

By: Navy BRAC PMO

By: /l

ston tracting Officer

Affidavit No. 1 4)

Acknowledged and subscribed before me by Gregory C. Preston, of legal age, married, public servant and resident of Mount Laurel, New Jersey, in his capacity as Real Estate Contracting Officer of the NAVY BRAC PMO of the Department of the Defense of the United States of America, who I personally know.

In San Juan, Puerto Rico on this c,+1- day of May, 2013.

Signatures Continue on Following Page] ~

~~~IJIlJm~(j)


IN WITNESS WHEREOF, the undersigned, acting pursuant to the authority vested unto her, as Executive Director, has hereunto executed and accepted this Quitclaim Deed as of the day and year first written above.

Affidavit No. 1 '1)

LOCAL REDEVELOPMENT AUTHORITY NAVAL STATION ROOSEVELT ROADS

By: -1J/J _- d ~~

Maria L. lazquez Arsuaga Executive Director

Acknowledged and subscribed to before me, by Maria L. Blazquez Arsuaga, of legal age, married, public servant and resident of Guaynabo, Puerto Rico in his capacity as Executive Director, who I personally know.

In San Juan, Puerto Rico this day of May, 2013.

4824-2307-2531.1

Exhibit" A"

NSRR DISPOSAL MAP

~~ '0--J f Exhibit A

04.30.13

LEGEND 8"D FOST Clean Parcel 1

D FOST Clean Parcol 2

D ~!-IFOC Parcols

DParcol3

D NA Puorto RIco --

{]

Exhibit "B"

LEGAL DESCRIPTIONS OF PROPERTY CONVEYED CLEAN PARCEL 12

The surface measurement as per plat or land plot plan prepared by Integra - Architects and Engineers, is as follows.

"Rural: Parcel of land identified as Clean Parcel Twelve (12) (fonnerly Parcel Eighteen (18» situated in the Ward of Quebrada Seca, Municipality of Ceiba, Puerto Rico, containing an area of one hundred twenty three thousand one hundred fifty six point two hundred sixty-eight (123,156.268) square meters equivalent to thirty one point three hundred thirty-four (31.334) cuerdas, more or less; bounded on the North, South and West by Conservation Zone 5, property ofthe Commonwealth of Puerto Rico, Department of Natural Resources and on the East by Conservation Zone 5, property of the Commonwealth of Puerto Rico, Department of Natural Resources and Sale Parcel ID, property of the United States of America."

The surface measurement as recorded at the Registry of the Property is as follows:

"Rural: Parcel of land identified as Parcel Eighteen (18) situated in the Ward of Quebrada Seca, Municipality of Ceiba, Puerto Rico, containing an area of one hundred twenty three thousand one hundred fifty six point eight (123,156.8) square meters, equivalent to thirty one point three hundred thirty-four (31.334) cuerdas, more or less; bounded on the North, East, South and West, by lands of the principal estate from which it is segregated, property of the United States of America."

The surface measurement as recorded at the Registry of Property but taking into account changes to the adjacent boundaries is as follows:

"Rural: Parcel of land identified as Parcel Eighteen (18) situated in the Ward of Quebrada Seca, Municipality of Ceiba, Puerto Rico, containing an area of one hundred twenty three thousand one hundred fifty six point eight (123,156.8) square meters, equivalent to thirty one point three hundred thirty-four (31.334) cuerdas, more or less; bounded on the North, East, South and West, by lands of the principal estate from which it is segregated, property of the United States of America; bounded on the North, South and West by Conservation Zone 5, property of the Commonwealth of Puerto Rico, Department of Natural Resources and on the East by Conservation Zone 5, property of the Commonwealth of Puerto Rico, Department of Natural Resources and Sale Parcel ID, property of the United States of America."

4824-2307-2531.1

4824-2307-2531.1

Exhibit "C"

ACCESS EASEMENTS

_ ,_-;--------. --- -~--~----------- .. --.---------.---------t-----·~--:"' .. r

I

----DEED NUMBER FIVE" HUNDRED SEVENTY FIVE: (5.75) --_.

----- DEED· OF CONSTITUTION 0];1 PATH EASEMENTS------

---IIi San Juan, Puerto Rico, this eighth (8 th)

day of October of the year two thousand ten

(201Cf} • - ----.-. - - - -., --.... - -- .. -- - - - .• - - --.-- ------.- - - .•

---., ----- - - - --- - -- - - BEFORE .t1E: --- -., -- - -- -- - - --.--.--

---RAUr; J. VILA SELLES.;. Attorney-at-Law and Nptary

I?ublid. in and for the CommonWEla;ltb of Puerto Rico:,·

with: office and: residence ht San Juan·, PUerto

Ri'co; -.------------ -----.- ---.-----.-.---.------.---- ---

--- -------- -- --'- ----- APPEARS --·-----·T --- --- ---- ---

---AS SOLE PARTY: United State",' 9l~m'ez:ica, acting

by' and through. til&. Department of the' Navy, gase-

Realignment and Closure, Program Management Office

Southeast, under and. pursuant to' the powers and

authority contained in the provisions' of Title 'ten

(10·), Section Two Tnousand Eight. Hundred Seventy"

Eight: (287S), of'. the Uniteci States Code, and

reguUitioilS' and orders promulgated.. thereunde;J;', .

having. an addr.ess of forty-one thirty' (4130) Faber

Place: Drive, Sui.te Two. Hundred Two (202) North'

Charleston, South. Carolina herein representeq py

Gregory C. Preston·, also· known as· Gregory Charles

Preston, of legal age, married and resident of the

State of Ne~ Jersey; United. States of America, who

is authorized to appear in this deed as real

estate contracting officer, by virtue of that

certificate of Appointment: signed by B·, y ', Penn,.

ASlJistant< Secretary of the. Navy (Installations, and.

Environment.) , on August. eigI:1teenth (l.B-th), two

thousand six {2006) .------------------------------

---I, the. Notary public, do hereby certify. and

attest that I personally know the appearing party

1

and his ' age, ci:v:l,~ .statu!ij. and .residence. by his,

statements, he. assures me.' to have, and in my

judgment he, does have, the- legal capaci.ty

necessary for the execution of this deed,. and for

that purpose he freely--------------·--------------

- .-- --- --.- - -------- - -.- STATES-·-------- - .- .------ -- ---

---FIRST: That. the Airpor.t, the Conservation

Zones, Los: Machos Three (3); and the IfOspital

parcels" appear recor!ied in the Regis.try of the

property. in favor of; the United States of

Ame:z;-ica, described in the. Englisqo language as·

follows 0:-- ---.- - '--- -- -- -- -- - ... - - --- .;.'~~-';.- --.- --- - - ---

--- ----------- ------- AIRPORT -------------."'--- ----

- - - "Rural: parcel of land identified as Airport situated in the Wards of Machos, Cl1upacallos and Quebrada Seca, MUnicipality of Caiba, Puerto Rico'. containing six million six hundred sixty-one t4ous<tnd' eight hundred and three point six (6, 66.1., S03-.6J square meters equivalent to one thousand six hundred. nine.ty-four point nine hundred forty-five: (1694.94'5) cuerc;las" more or. less. Bounded. on the: North and West by the MUnicipalitY. of· Ceiba~. and on the South and East· by lands at the principal estate. from which it is . se!:Jrf3gated. ~ - ---- -- --- - -- - -.- ---- - _._--- - --- - - - - .- - --

--------------- CONSERVATION ZONBS----------------

---"Rural, Parcel of land identified as Conservation· Zones situated in the Wards of Los Machos, GuayacAn and Quebrada. Seca,.Municipality of Ceiha and the Ward of' Daguao, M\micipality of N:aguaho, Puerto RicO, containing an area qf twelve million. eighty fiva thousand. nine hundred' and thirty point nine: (1.2,085,930.9) square meters equiYalent to three thousand and seventy-four point nine hundred and ninety (3074.990) cuerdas more· or lesS'r compriseq of the follo.wiilg:---------

---Conservation Zone One· {1.)'-.,.--------,..--------.---

- ~ - "Rural: Parcel. of land identified as Conservation· Zone One (1) situated in·-·the ward of naguao, Municipality of Naguabo,. puerto ' Rico containing. an area. of three· hund:red, seventy-threE! thousand five hundred. and: forty~four' point; six (373,544. Ii) square' meters equ,ivalent to. ninetyfive point zero' four. zero (95'.040) cuerdas, mora or less, bounded on the North and East by lands of thE!: principal estate. fram which it is segregated; on the South, by Felix Robles and. the· 1>!unicip!1lity of Naguabo, Puerto. Rico~ and on the West., by the Municipality· of Naguabo, PUerto Rico."------------

2

'_'''I'_.~~ .... _.~.-..~._~ _____ . _ __ ..,._. _ ____ •. ~_ •. _. ___ ,.-~ _ _......~._",...,.,....--, ...... _. ______ ____ .~ ____ __ ._. _____ ._ ....... ___ __ _ __ ~M_._M._M_

---Conservation Zone Five (5)---------------- - ----

- --"Rural: Parcel of lan~ ident;l.fie!i as Conservation. Zone Five (5) situated in the Wards of Guayacan and; Quebrada Seca, Municipality. o~ Ceiba. puerto· Rico and the.' ward of Oaguao" Municipalit.y of- Naguabo, Puerto Rico·, containing OIn area oi!' tJ'lree million six hundred and thirty-· nine thousand four hund:lted and· eighty-five point. zero (3 i 63.9 , 485.0:). sqUare: meters, equivalent. to' nine. hUndred and twent:y-five. point: nine hundred eightYMfour . (92·5.984), 'cuerdas, mor.e or less, comprising the, fo·llowing:. -~-.--- ---- --------.-------

-·-Portion A. Municipality of Ceiba; -----------.--

. - - - "Rural: Parcel of land identified as. Consl;lrvatiqn Zon~ Five (5) situated· in the Wards of Guayacan alld' Quebrada. Seea.. Mu.nicipality' of Caiba, puert·o Rico, containing' !:!lp" "area. of two million. two- hundred and seventi:'-" tHousand eight hundred. and f.ive point. five (2',270, ads.s) sq}lare meters, eqilivalent to five hundred seventy-s.even point. seven hundred fifty-five, (577.75'5) cuerdas, more or1es3'., 'bounded on· the NOl';th, East and West by lands of: the' principal estate from which it is segregated and: on the South by Bahia Algodones .. 1f - .-

- --Po:t'cion B. Munio1pal,i.ty of Naguabo~- -----------

--- "Rural: Parcel of' lalld identified. aft conservat:ion Zone. Five (5) situated ' in the Ward. of; Daguao-, Municipality of Naguabo., Puert.o Rico,. cOIltaining' an' area: of' one: inillion three hundred. sixty-eight· thousand: six. hundred seventy-nip.e. point five (1,368,679,.5) square meters-·, eqUivalent to three hundred forty-eight Paipt two hundred. twenty-nine: (348.229) cuerdasi more. or leas; bounded on tl:le North, Eaat and !'lest by' lands of the' principal. estate: from. which it is· segregated and on the South, by Bahia Algodones.~----- - ------

---Conservatioll Zone: Nina (9) ,. ----~- ----.- - - ~-------

- .~- "RUral.:. .Parcel. qf land identified. as Conservation Zone Nihe (9) situated in the Ward· of. GUayacan·,. MUnioipality of Ceiba, Pue:r:to Rico containing' an area of: ten' thousand three hundred and twenty-three point. one (10,323.1) square: metera, equivalent to. two point six. hundred and twenty-six (2· .• 6·26-) cuerdas. more. or- less;" bounded on the Nor.tll, South and. West bY lands of the prinoipai estate. from. which it. is, segr.eg<lted) on the East by tha Caribbean Sea."----·---~ -·-------,---

---conservation zona Eleven· (·11) ;:~---- -,-- ---- -----

- - - "Rural. .: Parcel of land 1dentifie~ as Conservation Zone Eleven ~l.l) situa,ted in the Ward of Guayacan, MUnicipality of Ceiba, Puerto- Rico containing' an area of' four thousand seven hundred and sixty four point eight· (4; 704,8:~ squarE!' meters, equivalent· to one point two hundred arid twelve (1.212.) cuerdas" more or less", bounded, on

-.-~-,.".."...."~-.. ---. ...,,.-,.-----~ ,-----.... --~--.-~------------:.---.-~---~----.. --.-.----.-.. ~.

the· North., South and West by lands· of the principal; estate fl:'.om which: it, is, segregat!;!d, on the East by the caribbean Sea·."-------------~-----

---Conservation Zone Twelve (12!; ---.-----.----- ----

--- "Rura:l~ Parcel of' land. identified ag· conservation Zone. Twelve (12) situated in the.Ward of Guaye.can" Municipality of Ceiba, Puerto Rico. containing an area of'. seventy' thousand twq hundred and forty nine point nine (70, 249·.~}. square me.tera,. equivalent to. seventeen point. eight hundred and seventy three (17.873:)' cuerdas, more or less, bounded on the North and East by the Caribbean Sea and on the South and' Weat by lands of the principal estate from which it is segregated." - ------.,.-----------.----------~---- ----

---Conservation Zone Thirtee~ (13);---------------

---"Rural. Parcel of land i.'llentified as Conservation Zona Thirteen (13) ru.tuated in the' Ward of Guayacan. Municipality 6:( Ceiba, Ptlertq Rico: containing- an area.. of. one million five hundred and fO'rty thousand and ten point nine

. (1, 540, 010 . 9) square· meters , equivalent to three hundred and ninety~one point eight huncb;'ed and twenty"'one' (3.9'1. 82l.} cuerdi;if,f, more or less, bounded on the North by. lands of. the prinCipal estate from. whic:h it- is segregated and Erisenada Honda'~ OIl- the East by Ensenada, Honda, on: the South by lands of the principal. estate' from which. it; is' segregated a.nd by the Caribbean Sea., on th~ west' by lands ot the princIpal estate from which it' is segregated." -- -~---~----~- ----- ---.----------- -----

---Conservation Zonel<Twenty-Silt t2;:;):-;.--;.-·-'------

-- - "Rural:.. Parcel of: land. identified' as Conservation zone' TWenty-SiX (26): situa.ted in the Ward of cuayacan, MUnicipality of Ctaiba. PUerto Rico contaizl1ng all- area of one hundred' and sevenl:.y-one thousand ·seven hundred: and thirty-one point two (17:1.,731.2) square meters, equivalent to forty-three: poin~ six. hundred and ninety~three (43.693) cuerdas:. more or less, bounded' on; the North; South and West: by lands of' the principa.·l. estate from which it:: is segregated) on the East by the Bnsenada Honda:. " --.-----------.-.------~- --------

---Conservation. Zone TwentY-Eight (28);-----------

- --; "Rural ~ Parcel of land identified as Conservation Zone- Twenty-Eight' (281 situated in the \'la·rd· of· Guayacan, Mun:icipal£ty of Ceiba. Puerto Rico' containing an area of siXf'hundred and seven thousand thr~e hundred and. thirty point eight' (607,330. 8} square meters, equivalent. co· one' hundred and fifty-four· point,· f:!.vE! hundred and twenty-twa (lS4·· .. 522.} cuerdas, mora or less, bounded Oil: thIS North", East and West:. by lands. of {the: principal estate' . from which iI:., is segregatedj ton the South'by the Eilsenada Honda.'--------------

---Conse:rvacion Zone Los. Maches Parcel One (l}j---

4

-~ ....... ~---.---~. --.--.----~-----------.-.-------- ---~-----.~--

---·"Rural·r Farcel of. land identified as Los Machos· parcel One (1) situat:;ed. in. the Nard of Machos,. Municipality of Caiba, Puerto Rico containing' an area of. two hundred seventy;.·four thousaI:ld forty"" t\~O, point two (274., Q44' 2) square meters, equivalent to sixty-nine, point .. seven hundred twenty-fow:: (5.9,7;!4) cue:r:d'as.,! more or less, bounded on the Nortll by the, Majagua ~iverl on. the: East by lai!ds'of tha Couimonwealtll of PUerto Rico Department of Natural· Resources.j, on' tha South by the lands of' the: principal estata from which it is segregated" and on the' Weat· by lands of, Puerto Del Rey," ---.---... ---.---.-,.- •. -- -.---- - .---- - ------ ------

---Conservation Zone- Thirty-Nine: (19);--,-----------

---"Rural: Parcel of land identified as' Conservation Zone Thirty-Nine (3.9). situated i11 the Ward: of Machos .• Municipality of. Ceiba., Puerto Rico containing' an area of five' million. three hundred' seventy-nine thousand nine hundred.l and nineteen point nine -(5',l79',Sl19.9)· square me.t;,ers, equivalent to one th~sand thre.Ei hundred ":~nci: sixty-eight: point: seven hundred and ninety-nine (1, J.GB-. 799): cuerda!!', more or' less, bounded on the North by Media. Mundo and by lands of ·the princip21l estate. from which it is. segregated.,. on the East: by the caribbean seC!., and, by lands of .the principal. estate from which. it is segreg.ated. and on the South and West:.: by lands, of the principal estate from which it is· seg;regat:.ed." ,,'-- -'.- - -.- -- -,'-- - -.. ---- -.-- - --- -- - -.-

-"-Conservation Zone, Fifty"ii:ight {S8);------------

---"Rural: Parcel of land. identi.fied as Conservation Zone Fifty .. ·gig.ht (58) situated in· the: Ward of GUayacan, Municipality of: Ceiba-; Puerto Rico containillg' an area of. two thousand eightyeight point six. (2,O.e8 .• 6) square meters, equivalent. to zero point five hundred 'and thirtyone (0'.531) of a,. cuerda, more or. less, bounded on the North; Eas·t and South by' lands· of the principal. es.ta.ta from which it:.. is segregated; on the West by- Ensenada, Hpnds: .. " - --------- ------------

---Conservation Zone Sixty (GO}' ;------------------

- - - "Rural: Parael of land: identified as Conservation Zliine Sixty (6'O) situated in the, Ward of. Guayaasll<, Municipality.' of'Ceiba, puerto Rico containing' an area of: one thQusand nine hundred and ninetY7four point seV.en (1,994.7) sqUare meters, equivalent to zero point five hundred and seven (0.507) o'f a cuerda, mora o:r: less, bounded on the North" East. and. West by lands· of t:he principa~· estate. from: which it. is' s6g-regatec;l, on. the South by the, Caribbean Sea.u. .. -·~·---------------

-.,.-Conservation· Zone. Sixty-Five (65);----~---~~~--

--- "Rural.: Parcel of. land idemti:f±ed as Conservation Zone. Sixty-Five (65t situ'ated in tha. Ward. of Machos, t.fUnicipality of Ceiba, Puerto Rico' containing an area of five thousand six hundred' and' twenty - four point fo= (S,6'24.4} s;quare

5

~--~~--------,----~----- ..... -----.----- ------.--....,...-,,-..------- -- -- ----- - ---------.-.-.---.,............-----'---------------~---- 1

meters, equival!!Iit: . to one. point four hundrea and thirty-one {l.43l.l cuerdas'. more: or less. bounded on' the Worth,. East and West by lands of the principal estate .frolll . which it is segregated 1 on the- South by the. Caribbean ,sea. II

---------------:-----

---Conservation Zone sixty-Six. (56} ;-.-----.-------

---' "Rural: Parcel of' lancl identified as conservation Zone Sixty- Six (66) situated in the. Ward of Machos·, Muniaipality of Caiha, Puerto Rico containing: an; area.. of foUl: thousand eight hundred' and twenty point eight (4·,820. 6) square· meters., equivalent to- on!! point two- hundred and twentysevelL fl..227} cuerdas, more or less,. bQunded on, tha North;- Easi': and South by lands of the. principal estate. from which i .t is segrega·tear on the West by the' Caribbean Sea. u ---------- - ------- -

---LOS MACHOS THRES (3)'---------------------------~l

---"Rural: Parcel. o~ land identif:i:!'Ip- .;as Los Machos Parcel- T.hr.eesituated in the Ward. of' Machos, Municipality of cei:ba~ Puerto· Ric.c, · containing, five hundred sixty-nine, thousand two hundred ninety-ei-ght:- 'point ~hree' (569,298.3) square meters; equivalent· to one' hundred forty-four. poinb. eight hundred. forty-five (144.645) cuerdas, more or less. Bounded. on· the North and South by the lands of the principal esta~e. from. which. it is segregated, ott the Eas~ by' the edge of water of Puerto Medic Mund~r. and ' on the West: by lands' of the- prindpal estatE!! fro11\' whiCh it· is segregated."

- - -- -- -.------ - -- -- ---HO$li'rTAI.-·------·--- - - ---- -- - - .-

---"Rm;al: Parcel. of lahcl identifiecl as Hospital .. situated in the War,d of. Machos, Municipality of Ceiba, Puerto Rico·,. containing' an area of ana hundrecl' thirteen thousand se.venty seven point zero (J.13'·, 077. ot square meters: equivalent to twentyeight point seven hundred seventy (28.770) cuerdas, more or lesst bounded on the North·, East,. South. and west by la'nds of the p:l1'incipal estate from which it:; is segr.egated·.~· ---·--·----------------

---All of' ther abov~ describea parcels were

segregated from property· number nine, thousand

seven hundred fifty- two (9,' 1S2} I recorded at: PagS'

seventy-six (.76)., of vol1,l1l1e one hundred fifty:-one.

(15J.) of Ceiha, Registry of property of' l?uert·o

Rico', Fajardo Section. --.--------------------------

-~-AS pell' the Regisery of the property, all of' thE!

above parcels. are· free: from liens· and

encumbrances' •. - ----.- -'- - - '- -- - -'-- -- - - -- -- - --. - - - - - - --

-,.-SECOND: That the- appearing' party represents.

thaI: it iEi als,o tha owner and sole title holder of

the following parcel of land,. Whic::h, is the remnant

attar the 'segres:ation of the Airport, the

Conservation. Zones, Los Machos Three (j~, and. the

Hospital parcels. Said remnant is described in the

English language follows" hereinafter

"Remnant·"', -.----.- ----- -.-.- --------------------------

---"Rural, parcel of land identified as Naval Activity' Puerto Rico, formerly Naval station, Roosevelt:. Roads. situated l.n the t'l'ards of Chupacallos',. Los MachoS', Ehsenada Honda., Guayacan and Quebrada Seca, Municipality of,\Ceiba and. the Ward of Daguaa-, Municipality of ,~:~aguabo', Puerto Rico" containing an area of fOllr't'een million one hundred and sl!\Tenty seven thousand six: hUndred and· thirty eight point. 'two, (14,177,G38.2} square meters equivalent te three thousand six: hundred and seven poine one hun<i:red and seventY-,nina (3,607.3.79) cuerdas, mora or less,; divided into two portions as· followa:.--·-·----- ---'-- -----------.-----

---portion A; - Municipality of: Ceiba - RUral~ Parcel of land identified as Naval. Activity PUsr.to Rico,. formerly· Naval Station Roosevelt Roads si tuated in the: Wards of' Chupacallos, Los. Machol\", Ensenada Honda." Guayacan, ami Quebrada Seca; Municipality' of CeiDa', Puerto. Rico, containing an area. of twelve million one, hundred twenty-eight. thousand seven hundred and eighty-one point: fOUl:

(12.,129',781:.4) square meters. equ~valent' to three thousand and eighty-five· point: eight, hundred and ninety-three (3, a8S. 893>. cuerdas, more Ol:' less, bounded on the North'; by the southerly' bank of the Demajagua River and, Puerto· Del, Ray' Marina and lands of the United st'ates at' America;. on tho; East, by tha Caribbean Sea;. on the, Sot;th, by Ensenada Honda. Bahia· Algodones: and lands of the united States ot America! on tbe West, by the Easterly line of the railroad Righti of Way of. the Fajardo Development Company.--:---:..----------------

---Portion: B - Municipality of Naguabo, - Rural: Parcel of: land identified as, Naval Activity Puerto Rico, formerly ,NavaI Station, Roosevelt Roads situated in. the Ward. of Daguao" Municipality of Naguabo, Puerto Rico· containing an area of two mi~lion forty~etght· tho.usancil eight: 'hundred and fifty-six. point eight (2,0.48,.856.8)' square meters r

equivalent to fi\Te, hundred and twenty-one. point two hundred and oai:ght;:y-six. (521.286) cUerd,a5, more· or less, bounded on the Nor.th· ar+d East by'lands of the United States of America; on the South.. by Fti!J.ix Robles and, the Municipality of Naguabo, Puerto' RicOI and, on the West, by the Municipality of Naguabo r Pu'erto Rico. -----------.----.---------.--

.,

-----------------------------~- ,--~---- ,------- -_._---- - ,-

- - :-The. remnant of property number nine thou,sand

seven hurtcired fifty-two (9;,752), recorded at page

seventy-six (7(H; of volume one· hundred. fifty-one

(lSl) of Ceiba, Registry of. property o:l! Puert,:t

Ri-co, Fajardo: Section. --------------------- --- ----

---As per the Registry of the PropE;rl:y, the

Remnant is free: from liens and encumbrances., ~-----

- --T1URD~ The Airpoz:cr the Ci;)nSiervation Zones, the

Los, Machos Three (3)" the Hospita~ parcels and the

Remnant. resulted from deed of segregations and

description of remnant,. number ,lfiv!! hundred,

seventy foUr (5-74), exeCuted on ~lg~t.h (8th) day

of October, two thousand, ten, (201'0), before· Notary

Publid Ratil J, VilA Selles'.------------..:----------

---FOURTH~ The Government hereby reserves and

constitutes a perpetua~ non-exclusive easement f ool:'

the purpose of motOl: vehlc,le anCl pedestrian

ingress and· egress over upon and across the,

Air,port parcel .fOl:' the cQnstruction, repai'r, .

replacement, maintenance and operation of a two-

lane roadway, for the- use and benefit of the

Conservation Zones parcel, Los· Machos; Three. (3 )

parcel, the Hospital Parcel and the Remnant, their

owners; successors, assigns" tenants, subte~nts" ,

licensees. auppliers and. cus,tolllers Which easement

is described as fOllowss ----,----- --- -,----- --------

---"Strip of lana located in the' wards. of: Machos, Chupacallos and; Quebrada seca, Municipality of Ceiba, with a total area of, thirty-two thousand fiVe hundred ninety- six point two" (32,596.2) square meters, e~ivalent. to eight point two hundred ninety-four (a:.294) cuerdas ', cons,iating o.f: - -- - -- - ,- - --- - --,- ----,---------- --- - ---- -- --- - ---

-'---------,--,----- Segment Two (.2) ---------------,--

---"Strip of land having an area of ninet.een' thousand six hundred fifteen point four (19,615 . 4} square meters, equivalent to four point nine

8

hundred ninety-one'· (4.99·:0 cuerdas, with a length of one thousand three hundred , f .our point;:. zero ,(1,304.0) meters and a width of fifteen. point zero zero (15.00) meters running from Nortl.~ to South."-

---------------- Segment: FauX' (11) ·-----·------·---------"strip' of land' having' an area of twel.ve thousand: nina hundred eighty point eight (12,.980:...a) squa;re meters, equivalent to three-, point three hundred three (3 •. 303)'. cuerdas,with a length of. seven hundred sixty point zero' (750. 0) meters· arid a width of fifteen point~ zero (15. '0·1 mett;!rs'running from Sou.th to: t-rorth."--------------

---FIFTR: 10 be recorded at the Registry' of the

property, tha easement is valued at: ONE THOUSAND

DOLLARS ($i, 000.001 ••. --- ----- --- ~------------- ----,I.

---SIXTH:: The appearing party als~.~r1!!!,~eby reserves

and constitutes· a perpetual non- exclusive eas.ement

for the purpo$e of motcn: vehicle, and. pedestrian,

ingress anq; eg.ress over, upon: and across the

Conservation Zones, parcel for the construction,

repair,. replacement, maintenance and. operation of

various, two~lana roadways, for the use and benefit.

of the. ' Airport parcel,. the Los' Machos Three (3)

parcel, the Hoapita~ Parcel and the Remnant, their

owners, succesEiors; ass.igns.,· tenants, subtenants,

ilcensees; suppliers and custolllers which easement

is described as ~ollows \'- --- -- - - - - --.,.- --- - --- - - ---

- - - • Strip 01: land; located in the wards. of Los: Machos, Guayacan and Quebrada Seca, l4unicipality· of Ceiba and the ward ot Daguao; MUnicipality of Naguabo, wi th a total area of one hundred thirty'eight thousand and twelve' point; fiva (lj&,012'.sl square meters, equivalent to thirty-five point on~ hundred and fOUrteen ('35.1141 cuerdas". conSisting of: _- -.- ____________ M __ • ___________ -----.-------------

----.- .----------.- Segmenb Three (3) ----~-----------.-'

---"St'rip a! land having an area of twenty-six thousand four hundred ninety-fo~ point four (26,494.4} square. meters', equivalent to six point seven hundred' forty-one- (6'.741) cuerdas-, with. a: length. o:t one. thousand seven hundred·. sixt.y-six point. zero (1766. O~ meters and a . width of fift.een (15) meters running. from $outhweet: to ~ortheast, thence Southwest." --------.---- - -- --- -.- ---- ---------

9

--------------..,- Segment Five (5) .----------~------

--- '''St;t'ip of, land 'having' an area of. twenty-two thousand four hundred eleven point five (22.411.5) square meters, equiva'lent to .five, point saven hundred two' (5.702) cuerdaa, with a length of one thousand three hundred point zero (1,30o-.0) meters and a. variable. 'Nidth ~unning from Northwea.t : to Southeast and thence Southwest," ----------.------.,.,.

----------~ ----.- Segment:. Bight (8). ----------------

---"Stril' of land having' an area of· six'teen thousand nine hundred. forty-nina point three (16,949.3) square meters., equivalent. to four point three hundred:. twelve (4.3'12) cuerdas, with a length of one- thousand one hundred twenty-nine point zero (1.12~.O) meters and a width of fifteen (15) meters running from West to East;;, thence' South to Northeast. "- '--- ------- ---- ----- - - --------

'\ --------- - ------ Segment: Nine (9) ... 11'-;:--------.--------"Strip o~ land having an area: of forty-six. thousand eight hundred. twenty-s;ix point two (46,826.2) square meters, equivalent to eleven point nine hundred fourteen (11.914) cuerdas; with a. length of three. thousand =e· hundr.ed: sixteen point. zero (3115. O~ meters and with a variable, width running from North to South.·· -~~--- - -------.-

--- ----------- segment f~u.rteen · f14' ------- -.------

--- "Strip of land. having an area of nine thousand. six hundred. thirty-nine point two (9,539.2) square meters, equivalent. to two point four hundred fifty-two, (2.452}cuerda8~ with a length of: six· hundred· forty-two point. zero (Ei4:;1..O) meters and a width of fifteen (15) meters running from' East· to West thence South. "'--.-- --- --- - '- -- --- ~---- '- .----- - - -

----- - -.-----.- se9!11ent Eighteen. (lB:). ------- - -- - ---

--~\'Strip of land having an. area ot six. thousand foux' hundred twenty-one point· seven (6.421,.7) ' square meters', equivalent ~o one point aix hundred thirty.,.four (1 .. 634,) cuerdas". with a. length of thre:e hundred i .Hty-five point zero (355.0) meters. . and a width of eighteen. (1.8) meters running from East to West." ---- --.--------- --'- ---- ------ ----.- ------:------------ Segment Twenty (20} -------------~-

---"strip of' land haVing an area; of six thousand four hundred forty-eight. point foUl:' (6,448 . 4) square meters-·, equivalent to one' point. six hundred. forty-one fL 641) cuerdas. with length of. folir hundred thir.ty point zero (43a.O)· meters and a width of ,f,ifteen (15) meters running from Southwes.t to Northeast." -----------.---------------

-------- - ---.- segment Twenty Two (22) ----,---------

---"Strip of land having an area of two. thousand· eight hundred twenty-one point: eight· (2,B21.a) square meters; equival~nt to zero point seven

10

hund;t'ed eighteen (0.718)' cuerda, with a. length of one.. hundred eighty~eigho point zero (lSS.O)" meters and a width of' fifteen tIS) meter,." running from North to.' south." -.-- - ----- ~ -- - - ---- --- ---.- - - ~ -,. -..,-.,.

~--.SEVENTH:· To. be recorded at the Registry of

pro.perty, ~E! easement is, valued at ONE. THOUSAND.

DOLLARS' ($el, 000.00) • ~------"----------- -- --- ----~--

---EIGHTH: The'. appearing party also hereby

reserves and const,itutea a perpetual non-exclusive

easement for- the, purpose of motor vehicle and

pedestrian. ingress and egress. over, upon and

across' Los Machos Three: (3) parcel for' the

construction, repair, replacement ~ .. ';,;;~intenance· and

operat:.ion of various two-lane, roadways' for the- tl-BB

and benefit of the Airp.ort. parcel,. the

Conservation ZOnes parcel, th~ Hospital Parcel and

the Remnant:, their' owners'" sUccessors, assigns,

tenants', subtenants, licensees, suppliers and

customers Which.. easement .. is descr:il;led. as· i.ollows: ~

--~--~~-----~-~--Se9ment One. (ll !:....----------.-----

---"si:.rip of lana having' an' area of ten· thousand four hundred, twenty-five- point five (10,425.5) square' meters.,. equivalent: to: two. point, six hundred. fifty-three. (2.G53) cuerdas, with a length of five hundred si~ty,.; eight point zero (.5 5.8.0) meters and. a variable width running. from South to North .. "'~~--

---NINTH,=- To be- recorded at the Registry of the

property, the easement is valued at. ONE THOUSAND"

DOLLARS ($1,000.00). ------- -- --._"- -- - ~-----~-------

---TENTHJ The appearing p~ty also hereby reserves

and constitutes' a, perpetua·l. non-exclusive easement

for the purpose of' motor vehicle an~ Pedestrian

ingress an~ egress' over; upon and across the

Remnant for. the cons truction I repair, replacement,

maintenance, and operation of a: two··lane roadwaYIiJ

for the use and :benefit:. of' the Airport parcel, Los

,Machos Three: (3) parcel, the Ho,spit'al parcel and

11.

. ____ .-.-'---------.. ----.~--~M .. -.----~.-.. ~---.------_.-:_:-____ :- ~~---___;':-;____-_.---':'_--.--.-----:---.,.-.,-----,-....,.."--.-."'".-r:'I,..<>:-"- .. --"----- ----. --- - ---.,-,-------

the: Conservation Zones parcel,. their owners •.

successors,: tenants, sUbtenants I

licensees·, suppliers and customers which: easement

is described alJ< follows: -- -.-- - --- ---- - - ~ - -- -.- -----

---"strip of land located in the wards of Chupacallos, Los .Machos,. Ensenada: Honda, Guayacan and Quebrada. Seca, Municipality of Ceiba and ward. of Da9:!iaa, MunicipC!-l.ity. of NagualJo:, with. a total area' of three hundred: fifty-three thousand th;rea hundred and: sixty-four point s'ix (353,36~.6). squara meters, equivalent: to eighty-nine point. nine' hundred fifty- three (B 9.953) cuerda:e f. consisting- of.l.- - -.- --- --., -- --.,- ------ -- --., --- - -----

--------------- Segment. One (1) II-------------·---

---"strip at land .having an area 0# ten thousand one hundred ninety-eight: point t~ee! (10,198.3) square:' meters,. equivalent to ''\:'wo'' point five· hundred ninety-five (2'.595) cuerda.s, with a length' of six hundred seventy-eight point five- (678'.5) meters and a ~Iidth: of fifteen point:;· zero: (15.0) meters running from Sou.th to North."--------------

-------------.---- Segment Six (6) -----------------.

--- "Strip 9£' land having an area of nine thousand twa hundred twenty-six point. eight (9,226'.81 square riteterEt, equivalent to' two point three hundred forty-eight (2.348) cuerdas·;. a length: of five· hundred twelve point zero (512.01 meters and a width of eighteen (19). meters· running" from Northwest. to Southease . .'! -~------------- ----.---- - -- .

--------.-------- Segment: Seven (7) ---.- .-,.----------

--- "Strip of land having' an area of fifty' thousand eight hundred ninety point one (50, 890 •. 1). square. meters, equivalent: to' twelve point nine· hundred: forty-eight (1.2 .• 948} cuel:'das, with a lIimgth' of thE-eEll thousand t.wo hundred fifty point zero (3250.0) meters and with a variable width running' from \'lest to ' East."-·--------·--------------------·--

-,..--_-.---------- Segment Ten. ('lO}-,----------------

---"strip of land having an area of fourteen thousand si~ hunc1red seventy-eight point two (14,678.2) square meters, equivalent to three point seven hundred thir.ty-f'ive (3.735) cuerdas, with: a length of eight hundred twenty-six paine zero· (926.0) meters and a variable width running from. Southwest to Northeast."---------------------

-.,.----~-------- Segment Eleven (Ill ---------------

---"Strip of' land having an area of e·ighl:y thousand five: hundr.ed seventy:...two point nine (80,572.9) square meterS', equivalent· to ,twenty point five hundred forty.-six (20'.546) cuerdas, with a length or three thousand four hundred

12

seventeen point zero. (34,17. O) meters and a v<;iriable width running, frOm North eo. so.uth thence frem Southwest to Northeast."-------------- - - - .- ---

----.,-.,..,.------- Segme.nt Twelve (12} .---------~-~ - .....

---"Strip 'of land' haying an. area ef five theusand one hundred eighty thr~e peint eight (S, 183'. ~J squa-re meters; equivalent· to. one poi:nt:. three hundred nineteen (1.3l9) cuerdas·, with a . length of three hundred forty-six, point zero (346',,0) meters with a width of' fifteen (lS) meters running from East. to West. ~' --------.-.---.--.-,------- ---.-- --------.-

- --"Strip of' land having an· area of thirty-six theusand· B~X hundred ninety-three point nine. (36,693 . 9) squa:r;e meters·,. equivalent to nine· peint three hundred thirty-sl:x: (9.336) cuerdas, with a length of' two theusand two. hundreq. eighty .. seven peint zero. (:22'87.0)' meters and ~''i variable width· runni:ng' from Northwest to Southaaat '~ii:..:--.------'"-.

----- ------ -- Segment Fift~en (151 I ~ ---- ---------.

--- "Strip· of land having an area of seventeen thousanc;l: eight hundred· two.· point five (17,802.5) square me'ters, eqUivalent to.· foul:' point:: five hundred twenty-nine (4·.529) cuerdas, with· a;. length of one tho.usand. twenty- f our point zero.. (1,024. O}. metera a'nel a va:d.abl.e ~idth rwming f r om. Southeast. to Northwest· .. '"- ~ - - --- - ---- - - '-- -- - - -'- - - - - - - .- - -- ----

------------ - Se~enl:, Fift.een (lS) Il: -- - ------- - --

- .- - "strip of land having' an. a:t'ea of six thousand .. two hundred, and eighty point. seven.. (6,280!.7) square meters, eqQivalent to. one point .five' hundred ninety-eight (1.59B) c.uerdas,; 'with '" length of, three hundred and forty-nine point zero (349.0). meters and a: variable width :t'unni hg from. Northwest to Southea·st, ,,---- - --- - - - --- - ---- - -- ... ---

----- .:. -------- Segment Sixteen (15)------------ ---

---"stdp of ianci having an. area of thirty-three' thousand two hundred thirty-thre~ point feur (,33.,233 . 4) square meters, e~ivalent. to eight point. four hlindred fifty-five (a . 455t cuerdas, with a length of' two theusand two hundred fifteen point zero (,2.23.5, a~ meters-· and a width of' fifteen (l5) meters running f:t;om Nqrthwest to Southeast. 1'_

----------- - .. Segment Seventeen, (17) - - ------------. ~

---"Strip;' of liilnd having an area of' five thousand seventY~nine' pei nt, two. (5,0.79 . 2): square meters". equ~vale:nt to' ene point: two' hundred ninety-two (1.292) cuerdas, with a length of' three' hundred forty point zero. (3400.0.) meters and a variable width rUnning· from. North to· South . tI --.- -------.-----

13

_____ :-~ ..... _,._:,.,.........-... -. _, .. .,.......-:,.. -::----~r__:_ , .. ~--•. ----.---~-...,...~-',..,.,.---~------.----~--.--~------.- .------.---.----~-- ---------.- -- --.• --...•..

-------------- Segment Nineteen (19) ---------.-.--

---"Strip of land having' an area of thirty-t.wo thousand six hundred six point. nine. (32, 60G:. 9) square meters,. equivalent to eight. point two'. hundred ninety-six (s . 296) cuerdas·, wi'th a length of one thousand· eight hundred twenty-three, paint zero (1,823'.0). meters and a variabJ,e width +UDning from East to West thence' South."· --~-_------_-_-_--

--.-.------.;-- Segment: l'wenty-One (21) ------.• ---. "' .

---"Strip' of land having an area of twenty thousand five hundred eighty- tWO' point six (20,582.6) square. meters. equivalent to five point two hundred thirty-seven (5.237) cuerdas, with a length of one· thousand th:ree: hundred seventy point, zero (13,70·.0.) meters and a width of' fifteen (15) meters running f .rom. North to. South."--------------

---- - ------- Segment. Twenty-Three (~j\) ------------

--- "Strip of land having an. area of five. thousand. thirty-seven point zero· (S,03·7.0) square: meters, equivalent to ona point two hundred. eighty"two (1.282) cuerdas, with: a length of three. hundred thirty-six- p~:dnt zero (336.0.) meters and a width of fifteen. (15) meters rUnning from Sbuthwesc to Northeast. /t ._ --- -~ -.- _ -- - -- ----~.-- --- --' - .. - ._. ___ ----

-----.------- Se9}llent T\'Ienty~Fow:: (24) -~ - ---~------

-- - "strip' of land having an area of ten thousand four. hundred' thir.ty- seven point three' (10.,437.:> r square meters, equivalent to' two point six. hundred fifty-six (2,656) cuerdas·;. with: a length of six . hundred ninety-seven point: zero (697.0) meters and·. a width of fifteen (15) meters running from Northeast' to Southwest, ." --- - ---- ----- -------------

------------ Segment: Twenty- Five· (25)------ -------

-'- - "Strip of' land having an area of two thous'and ninety-nine point three (2, 09,.3) square' meters, equivalent to· ze;-o pqint· five hundred thirty-four (O.S34} euerda, with a length of' one hundred· forty ' point zero (140·.Q) meters· and a width of. fifteen (lS) meters :running from East to West. " ---------·--

----------- - - Segment. Twenty-Six (26~ -------------

---~Strip of 'land having an area of two thousand: four' hundred fifty point two. (2.,450.2) square meters, equivalent: to zero, point six hundred twenty- three ( 0 . 623) cuerela; with' a length of two' hundred forty-one point zerO' (24~.O) meters· and. a variable width running from· South. to. North:.. '" - -- - - '-

.. -~-.- .. - .-- --- Segment Twenty-Seven (27) -- .. -,...- - ----

-- - nStrip of' land having an area: of ten thotisand three hundred. eleven point fiv& (~0,;1l1.51 square meters, equivalent to two point. six hundred twenty-four (2.624) cuerdas, with a length of six

14

hundred eighty-seven point;. zerQ' (587.0) meters and. a width. oj; fifteen (15} meters running from south, to North •. "·----- ------.---- ------.------ --~--- - -----.-

---ELEVENTH': To be recorde~ at: t~e Registry. of the

Property, the easement i~ valued at ONB THOUSAND

DOLLARS ($·l~OOO'.OO). ----.--------------------.---.---

- - -TWELFTH':' Tha appearing party also hereby

:reserves and con.stitutes a perpetual non-exclusive

easement fo:r the' pw::pose communication

utilities over'l upon and across .·the: Remnant: for

the construction, repair. replacement., maintenance'

and operation of communication utillitiea for the' .~~ ,.

use and benefit of the Airport parce.'!". Los Machos

Three (3) parce~, the' conservation Z·ones· parcel,

and the Hospital parcei, thei~ owners, success9rs,

assigps',. tenants ( subtenants,. licensees" suppliers,

and customerl:? which easement is described.. as:

fol·lows. ----.-.------,------- • .,.--.- -- - --- -- ---- -------

-----.------- Segment Twenty-Eight. (2S~-'-----,------

-·--~Strip, of land havin!;f' a,n. area at· twenty-four. thousand. nine. hundred fifty-six' point eight (24,9·56. a) square· meters:, equivalent to six point three hundred. fifty (5.350) cuerdas. with a. length of seven hundred s.eveni:.y-sewen point zero (777.0) meters' and· a. va:riable width. running fro~ North to South." -'--.---.- -------- -- ---- ----.o---- -_______ . ____ _ ---THIRTEENTlf: To be recorded at the Regisb:y of'

Prope:!;'ty, t.he: easement is valued at ONE. THOUSAND'

DOLARLS' ($1,000,00): • .,-- ---- ---.--- --- ---------- ----_

---FOURTEENTH: The appea:ring: party' requests from

the Regis try of the property to record all of t4e·

above easements in its books.--------·---------·----"

---FIFTEENTH.:: All easements constituted by this

deed- are graphically depicted IN E)iliibie "A",

attached ana made part of. chis deed.--------·------

---SIXTEENTH: The geometric: descriptions> of' all.

the easement segments constituted in this deea,

are includad, attached and made part or this deed,

as Exhibit 'S" .---~'---------------"------;--------

------------------- ACCEI?TANCE--------------------

- --The appearing, party in accordance' wi th the;

particulars of this: Deed accepts the· same, in all

i.ts; parts after.. r,. the Notary. gave him the.

necessary' legal admonitions: and. warnings peJrtinent

to this. public instrument.,. Thus; the appearing

party states' and executes this deed in my presence

after having read the same., and. places his

initials on each and every page hereof and signs

his name on the las·t page of thiS' deed, before, me

the Notary I that as to everyj:.hing else

hereinbefore stated,. r, the Notary, hereby

ATTEST. -'-- -.-.-.- ---.----- -.'---'-'- -- - ----- -- --.----- -- ---

16

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EXBIBl'I' R

LEGAL DESCRIPTION FOR EASEMENT 1 I

Beginning at a survey control point in: th~ Ward of~aehos.said point being a. brass disk set in concrete~ Said poln~ alsO' tinOWllll$" 'MOUNJ)t and having It northing of 813308.1492 and an easting of933G97;0281 noted as the Point of Beglnnhtg on the plat labeled "UNITED STA TESGOVERNMENTPROPERTY FORMER. NAVAL STATION: ROOSEVELT ROADS EASEMENT! rt. Thenca Nll<!SO'03"W 1107.34' to an iron rod-set, the True Point of Beginning, haYing a northing of 813653.3852 and an easting of 932044.8782:

Thence 873°51 '24"W 49.23,' to an iron rod set; Thence fo tlowlng a curve to an iron rod set. with a long cnord of 345.49', c;hord b.earing o.f N03'S3'25"W

Radiu$""880.61' Arc=347.7S·

Thence N82"J4'3S"W25:.J9 t to an iroD.fOd set; Thence N07"25'22"S 219.33' to an iron rod set~ Thence N13"24'22"B243.3S' to ilIl iron rod set; Thence N01"2S'22"S 659,31' to an iron rod set; Thence S05"2!'47"W .408.52' to' point:not set; Thence 881"3&' 12"E 49.28' to a.point notsetj Thence 805"2S'4T'W 406.87' to.· point not set; ThenceS07,"2S'22"W 660.14' to, point not set. Thenc~ 382"34'3 S"S 2'.39' to a point not set; Thencc:S01"2S'22"W 461.34' to it point not set; Thence NS211J4'3S"W 25 .. 39,' to a point notset; . Thence following a curve to· an iron rod·set, the True Point of 8eginn mg with a long chord of 325.39', chord bearing ofSQ3°51'45"B ." . : ..

Radiusa S31.39' Arc-327.5Il'

Said easement containing. ] 12,218.3 s<Juarc feet or 2.576 acres, which equates to 10,425.5 square meters or2.653cucrdi!!.

LEGAL DESCRIPTION FOR 'EASEMENT 1 II

Begipning at II survey control point In Ihe Ward of Mncl~os, said· point being n brass disk set in concreto. Said point 11150 known ns <MOUND' nnd having 11 norlhing of lH3308.1492 and nn ensting of 933D~7.0283' noted as tbe Point of Beginnilig on thl)" plat labeled "UNITED STATES GOVERNMENT PROPERTY FORMER. NA VAL STATION ROOSEVEI. T ROADS EASEMENT' I: W·. niener;, N22°09'OS"W236 1.27' to an, iron rod set, the True Point of Beginning, having a northing.of g lS49S.iJ76 and an casting !If 932206.69S5~

Thence N81"3S'f2"W 49;28' tOll point no{ set; 11lenec N05"28'47"E 1994.60' to point not set; Tbcnec following a curve to apoiot not set witlI B long chord of 165.8S' 1 chord bearing.of N03°53'22"W

Radlus.-SQ9.39' Are~166.59·

Thence NOso39'24"B I 17.42' to n point nol set;. . Thtlnce following n curve to 1\ point. not set witlllliong cJl0l'dof291.li', cllOrq bearing 0(" S09"37'27"E

Radius=558.61'Arc=294.51'

Thence S05"2&'47"W 1991.07' to iron rod s~t, theTnlC; PdintofBeginning.

Said easement' containing 109,172. T sqUAre feet or 2.520 acres, wh iell equates to 10,198,3 square meters or 2.595cuerdns.

.. _.-- _._ - --- - ----- _._----_._ -----_._-_. __ ._ .... . _ ..

LEGAl. DESCRIPTION FOR EASEMENT 2-

Beginning at. n survey control point in the Ward of Mnchos, said paint being abmss disk set In concrete. Said point·nlso. know!JllS 'MOUND' and haYing n northing !iI( 313;JOS.149211nd an casting af 933,097.0283 noled as thePoinr ofBeginning on the pint 'abeleduUNIT~D STATES GOVERNMENT PROPERTY FORMER: NAVAL STATION ROOSEVELT ROADS EASEMENT 2AND4~. 'J1tence S50·0S'29"W 66~.86' i.a un iron rod set, the True. PQin~ of Be~j!Jllbig, flavlng a nOfthing of 812,S78.3902 and an easting of932,S83J982:

TIlenee· S40"OO'3S"E 475.27' 10 an Iron rod set; Thence following a curve to an iron rod set with 11 long .chord of 175,59'" chord,benrlng .of S33"21'21"1!

Radiu!I""1S1.61' Arca I1S.9S'

Thence following a curve to Q. point nolset with n Jongchord of236.66', chord benring of S 11°42' 56"\!

Radiua=751.61' Arc-237.61'

Thenc(t SOso4J.'48"E 1218.66; to a point not sel, Thence following n curve to It pojnt not set with 11 long chard of28Q.30', chord bearing of S 10"3 1'2S"E

Rndiusa447S.39' Arc~280.33 '

Thence following 0 curva to U'point not set with a long chord 0(397.21', chord benringof 563"21' 56"11 -,1

Rndlus=2S5.39' /~~l Al'c=45S.01'·

Thence N65°JS"16"E 450.10'10 a·polnt not Silt;

Thence S32°t7'S3"E49.69' 10 IlJ1 iron rod set; Thence S65OJS'16"W 4S6,92~ to a point not set; Thence following 11 curve to II point not set with nlong.chord of 473.76', chord bearing of N61"21 >S6"W

RlldluSC'304.61' Arcl'"S42.77··

TIlence following 11 curve to 1\ po/ntnot sel wilh a long chord of283.38~, chord bcul'ingof N 10°3 I '28"W·

Radhls~4S24.61··

Arc-283AI' 11lcnce NOSD4J:'4S"W 1218.661 ('0 a point 1101 seli: Thence' fallOWIng a curve to a point not sel with along chord of 381.96', chord bearing of N24"22'll"W·

Radlus-708.J9' Arc"386.14'

Thence N40"OO'3S"W 47'.27' to a point not sel; Thence tbllowing!l curve to a point nol set with n long chord of 100.\ 0' . chord' bearing oJ NJ9·32'42"W

Rudius=6t59.6P Arc; 100. 13'

Thence N39"04'45"W 504.41'{0 a pointnotset; 11lcnce following, a curve [0 u point not set with a long chord of 695.2ti', chord bcnring of NISD49'42"W .

Rodius=B80.6-I' Arc~366.97··

Thence N73°S P24"E 49.23' to an iron rod Silt;

Thence tbJlowing l\-Curvc to an iron rod set·with a· fong chord of 344.74;, chord bearing of S27"06'4S"E'

Radhis'=831 ,39' Arc~341.26·

Thence S39"04'4S"E 504.41' lann iron rod set; Thence folluwing!icurvC'Jo an irolHadset. the. True Point of Beginning Wilh: along chord·of 9g.30't chord benrlng'ofSJ.!)"32~42"g

. Radius-6110.J9' Arc"9g..jl~

Said·parcel containing2il; 137.3 square feet or 4.847 acres. which equlltcsto 19,6.1S.4 square. meters or 4.99.lcuerdlls, .

.... -~ .. ~~.~-.~-.. --~-~~.~~,-. -... ~.----,---.--,-~---,,-----,----.----.,---,-.-.--,,-,.--_ ....... _ .....

LEGAL DESCRIPTION FOR EASEMENT 3

Beginning at a survey control point In tho. Ward of Ouayacan, said point being II brnss disk set In conc:r'eto. Said point also known as '000' and having Il nortbing of 805443.8964· and an easting of9331 lIM73S' noted aulitt Point of Beginniilg on tbophil lilbelcd"UNITEDSTATES GOVERNMENT PROPERTY PORMER. NAVAL STATION ROOSEVELT ROADS EASEMENT j"~ Thence N3S"43 'n"w 2113.86' to . an iron rod set,. tho. True Point of Begilming. having II northing of a075'61.2021and an easting !Jf 934808. t3 Ui:. .

Thence following a curve to an. Iron rod set· with II long chord. of 56,94', chord bearing Qf N32°31'39"E

Radlua=;;690.39' Arc,..S6.9S'

Thence N30~09.' 51"E 2439~05' to an iron rod set~·. Thence. folloWing a curve to an iron rod set with.n long chord' of 1728.76\ chord bearing of N42"07'27,"W

Rndius"'907.39' Arc~2289.6S'

Then~ S65"35' T 6~'W 900.31' to an iron rod sel; Thence N32°} 7' 53"W 49~6!}' to a point nO.t set; ThcnceN6jQ3S' 16"B 901.13' to a point not set;. Thence following I'curveto a point not set with a Jong'chord of 1822.53' , chord bCllI'ing of S42"G7'2'1"B

Radfus=956.6.l' , Arc=24H.8S· ,;

Thence S30'09'51"W2439;05' to a point not set: :;;:1 ",; Thence following a curve toa point not set with a long chon:i of 139.87·~ chord bearing 9f S35"3S'2S'W

Rndlus"739.61' Arc=140.0S'

Thence NOj~I.2'()O"8 90.8S' to an iran rod.~et, thaTi'Uc Paint of BegJnnlng

Said parcel caataining28S ,182.4 square feet or. 6.547 acres, which equates to 26,494.4 square: meters or tt141 cuerda9",

._----_ .... -_ ... _--_._- - -----------

LEGAL DESCRIPTION FOR EASEMENT 4.

Beginning at a survey control'point In tho Ward ofGuayacan, snid point btling a bross.dlsk set In concret~ Said point also known lIS • DOG' nnd havlrig n northing of 805443-.3964- and an casting or93J:11 OA735 noted as the Point of Beginninll on the plOllobcled "UNiTED STATES GOVERNMENTPROPERTY FORMER NAVAL STA nON ROOSEVELT ROADS EASBMENT 2 AND 4". TIlcnce N62"37'08!'E 1139.76' to a point not scI. tlleTnill.Poinl ofB-egi(ining.,hllVing a northing or80S;~68.(}807 and an costing; of 934,122 • .5'421:-

Thence NCO"54'31"E 804.IW toa point not sct; TIlcnec fOllowing a .cunie Ion point notsel willi n long chord of352.02·, chord bearing or N25"23'Sl"g

Radlus"424.6 J! Arr."362.9.7'

TIlence N49~S3' Il"B 523~53' to R point nOlset; Thence following a curve to un iron rod set Witll .D long chord of 180.18', chord benring or N42"23 '19"E

RUdius=69(}.3~t. Arc" I 80. 70'

TJlenclt SOsoI2'OO"W90.8S' (0' u point not sbl: TJlencC' folloWing a curve to n point nol set with a long chord· of 114.39.', chord benring of S4j"27'O'S"W .

Rndi\ls"739.6I' Arc"'. 1451 , T11enccS49GS3' 12"W S23.SJ.! 1011 point nohot. ,1

Thence: following n curve' lo n poinlnot sel With B long. chord of 3"11.21" chord b~nrjng of S25"23'51"W .

Radlus"31S . .J9' Arc"'320.90'

Thencc·SOQa-54'31"W304.84' toa poinl'not set; Thence followinllll curve Ion poinf nol set witli a long chord of228.76!, chord bearing of S06D58" 49'~W

Radiu5"'833.J9' Arc"'229.49~

'mence 822"19' S2"B' 7S.42' ton point not sci; Thence following 11 curve tqilpoint not set with nlong chord of367.19', chordbenriilg of S50"02' 12"E·

Rlldiils"IS43,4Z' Arc"368.06"

Thence f~lIowillg n curve to nn iron rod set'willl a long chord of 122.25~, .chord bearing of N82°40'41"W

Radius-20Z4.6I' Arc" I 22.2S'

Thence N84"24'2&!.!W 234.63' to a point not sot; Thenea following n .curve. to n point not· set wililulong. chord of 108.82', chord benting of N200 10'4 I "a'

Rndius=I07:WJ Arc'" 114. I S·

Thence N 14GS2'O&"W 157.63' to 11 point nol sel~.

Thence following n curve to tl point not set, lbe True Point of Beginning with Ii long chord of 242.28', chord: benring of NO 6°S a • 49"W

Rnc!lus==882.6 L' Arr.~243'.04'

Said parcel containing. 139,123.1 square feal or-3.208 ncres, which cquntes· to 12,980.S square meters or 3.303 cuerdlls~

-.. ,---.,-~,...~--.--.. -...... --.. -.. --,-,--------------'--~-""---....... --.-- .. ~ ............... _-..

LEGAL DESCRIPTION FOR EASEMENT 5'

Beginning at II survey control point in the Ward ofGuuyncnn, said pointbcingll brass disk set in concrel",. Soid point known ns "DOG" nnd having II northing 0 f 805443.8964 IUld un erurting of 93311 0.4735 noted as· theP"inl of Beginning on lIie plat Jnbeled"VNITED STATES GOVERNMENT PROPERTY FORMER NAVAL STA nON ROOSBVEL T ROADS EASEMENT SIS. Thence 563°0)'$ I"E. 937:6~' to an iron rod set, the Tru" Point of. Seginnins, having n northing of 80S019.IS91 'nnd nn enstirtg of933946.3714:

ThenceN63"281)T'E 59.67' 10 n:paint not,set; Thence Sl8°rl' 14"c U 8.94' to a point not set; Thence following' Il curve 10 .n point n.otsel wilb a.long chord of966.71\ chord- bellrlilgof' 836"32' 12"8

RadiuS"" IS35A&' Arc=98l.50'

Thence SS4°53 , 10"£ 1634.30' to lin iron rod sel, 111ence S35"06'SO"W 59.04' 10 an iron rod set:, Thence SS6"03'2l~'W r49.04' \0 an iron rod; Thence S73Q1S'3S"W 1435.54' tllan iron roclsel; Thence NO I ·QO'4S"W 51. J 3' 10 n point not set;. Thence N73"1S'3S"1! 1421.68' Il) II point not set; Thence N35"06'SO"B 63051'10 1'1 point not set; Thence NS4u51' rO!'W 1479.86' 10 n point not set; Thonce fol/oWing.4 curve to II pojnt nol s~t. widllliongchord of 1003.94', chord bearing of N36°32' 12"W

RadiUS"'1594.52' Arceo} 02LJ l'

Thence NISQlI' 14"W 110.29' 10 II point not set, True Point of Beginning •. .:·:i·~1

• .j

Suid parcel contnining 214;2j4.4 square feet'ol' 5,538 acres; which equates to 22.41 J.S square meters or 5.702' cllerdas.

LEGAL DEScruPTION FOREASEMENT 6

Beginning at a survey control point in Ihe! Ward of Gunyaclln. snid point being a brass"disk set in concrete-. Said point known as "DOG" and havinIJ4 northing of 805443.8964 andan'eusting of933IJ0.4?3S noted U$'

the Point of Beginning on tlie plat Jnlieled"UNITED STATES GOVERNMENT PROPERTY FORMER NAVAL STATION ROOSEVELT ROADS EASEMENT 61'. Tflence SS 1"SZ'31"E3608.69' 10 an iron rod set, the True Point of BeginnIng; having 11 northing of803215.9800 ond.an costing of93S94fJ.3161 ~

Thence S54DS3' lonE 1682'.19' tO 'lln iron rod set; Thence S3 S'06' sonw 59.04" 10 a point not, sc~ Thence'N54QS3')O"W 1682.l9' to lin iron rod set: ThenceN3sP06'SO"E 59.04' to an iron rod set, Tnie PQintofBegjnning;.

Said parcel containing 99,316.4 square feet or 2.280 ncres, whicn equates to 9,226.S' sqJ,lllre meter!' or2.348 cuerdns;

. :·1

--"'-~'-"~--:---------:---:-'-. -.-----~--.------'- -~----. --~.---. -----.----~--. -~-----------=--. -... -. - ---:-- 1-


Beginning at a survey control point in Ihe Ward of GUllym:lln, said point being Jl brass disk sct III concrete. Said point also known"s '000' and having: a northing of SOS443.S964 and tin castlng of 9~311 0.473S noted liS the Point of Beginning on the plot labeled "UNITED STATES GOVERNMENT PROPERTY FORMER NAVAL STATION ROOSBVELT ROADS EASEMENT 1". Thence-N84D4S'49"E 671t.9S' 100 iron rod set, tllC True Poiol of Beginnillg, IllIving !l no~hil1g of 805505.2'120 and an casting of 933786.5709:'

Thence tbllowing It curvc to an iron rod set with II long cbord of233.!)7" chord'bearing of S85"20'41"2

RildiuPl J 54.61:'" Arc-234.00'

Thence 884"24'28"1:; 370.31 ' to an iron rod sci; Thence following Il .curve 10 II point not set with n long chord of406.50" chord bearing of S78D3S'46"E

Radiiis'>'2024.6P· Arc~407.19·

ThenccS72"S3'04"E 101l.37' (0 a point nolso!: Thence follOWing a clirve, to a point nolset witli a long chord of 37!J. 17.',. chord beoring of' 872DI6'21"e

Radiu5?1 7324.6 I , Arc .. 370, IS'

Thencc'S71<IJ9t 3T'E· I03'4·,,77·' lO. R point notsetj: :\ TIlencc following n clirveio a point not set with D long chord on 79.23\ chord bearing of S82"3I' 33"E . ,'. .

R!ldius~75.39· Ar~J08.30~

ThcnceN86D36'32"E 255.03' to II point not set; Thence tbJlowlng lI .curveto 11 point noBet with a long chord of 1380,42'. chord bCW'lng of S69D39'U"e

Radius=1714.6V Arc" 1420,72'

TIlencc 845°5.4' ss"a 670.!l6~ to n point not set; Thence following 11 curve to It point.notset Wilhll lonG chord of341.13', chord bearing of SS 1 "1 O'OS"E

RnditisQ 1863:.39' Arc-341.62'

TJlImcc following It curve to 'n point not set with 0 long. chord of 365.16', chord. bearing of 846°46'26"e

Rndius=1089'.61' Arc"366.90'

n,ence sn·01'39"E IS5.8U· to. a point.not seli Thence, following II curve to II point not set with D long chord of 644.81;", chord' beoring of 816"29'13"8

Radlns-914.6I' Arc=6SIf.97' .

Thence S04°09'Il"W l 1.5.·96"0 n point Ilotset; 'nlencc following Il. curve (0. a point nol set with n long chord of 380. 82'~ chord bearing of S39·3S,'22"E:

Radlus=275.39' Arc=42Q.50·

111eJlCe following (I. Cllrve to: a pain!' not set with" a longcilord of 9(;'52', chord bearing of S89DSO'47"g

Radius-425;39'

~~_ . ____ ~ _Y_'_' A ______ :-·~ _ _ . - ___ :-..-__ .--.-. -_.-.-. ---' - .-... --'--:-';'---.-~~'---.. -7"----.. -.. -;::-:-C._-. - . -."-:~"--:---. --.-~-~~~-. ......--:--.. - .. -.-.~

Arc=96.72" Thence N8.l°38'23"n IPSO' to Q point no(set; , 11lcncc.folluwing a curve 10 a point not set with n lung chord 0(325; 11' .. chord bearing of N81·"34' JI "8 .

. Rndius"'4S00.J9.' Arc-32S.l8~

TIlence following. a cUrie til a' point nOlset wil!inloog chord Qr327:31', chord: bearing of S81°57'14"£

Radiuii-~ 14.6)' Arc=:333.15'

Thence lbllowing Q cllrve to 11 point no' set with il 10nlIchord of 437 ;6~', chorf;t bc:mring of S5000S'07"E'

Radius"'949.61 ' Arc='141.60'

Thence S36°45'47"E II I .79' to Q point not set; TIlencc 563"24' 52"E 3 81.60' to a point not sel;

, Thence following Il curve to npoint na'set wiUt a lang chard of230.00', chord bearing9f S81°IS'13"E. .

Radius"'375.39·· Arc!"233.76'

Thence N80"!4;26"E 161 •. 83' to an iron rod set; Thence S09°0's'34"E49.22' to an iron rod sel~ TIlenco S80·S4'26"W 167.&3' to a point notsel; Tlience followingllcurv!3 10 a point no! set wittnl long.chord of 260. 16, chord: bearing; of NBloIS'13"W

Rndius"'424.61' Arc"264Al'

TIIc:ncc N63"24'52"W·234.68' to 11 point not SCI;

111c:ncc SS3°14'13"W 71.16' to on· irQnrod,set; . Thonce N36G45'41"W 265.23' to an iron' rodsel~ Thence: following a'curve 10 nn iron' rodsatwilh i\. long chord of 4\4.95,. chord bearing 9f NSO~05'07nw

Rudius=900.39'· A rc-4 I 8.71'

Thence following 11 cllrve to DIl iron: rodse! witb rt long. chord of296.05; chord bearing of NBI"57'14"W

Radiusa465.39' Arc:"'301.29'

Thonce fo Howing 11 curve to on iron rod .set willr 11 long ~hord of 328.61, chord bearing of SIUOJ4' t-l"W

Radius"'4549.61' Arc!"'328,74~ .

TIlencc S8J~38'23"W 113.500' 10 n point lIot seti: Thence following a curve 10 u point not set wilh n long c!tord of 258.88, chord bearing or. N8003 p 59."W

Radius-474.6 J.' Arc=2622!,'

Thence following a curve 10 Il··p.oint not set with 11 long chord of 109.91, chord bearing' ot; N72007'44"W

Radius=42S .39" Arcoo llO.22'

T hence N79"3J'06!'W 66.90' 10 n point notsel;, Thence N08~37'3T'E 71.30" to. a paint not sot; Thence· following Ii curve 10 a ppint not set'witila long' chorefof 1'73.64, chord bearing.af· N06P33'25"E

Radiln"2070.J9'

I

_ •• _________________ ~~ __ ~. ____ •• ___________ ~ _______ ~ ~ __ ~ _~~ _____ •• ________ ~ __ • __ ,, _______ ,_, ____ <. __ "":"'_.~ _., _____ <~~" • ___ ..... ____ .J-

Area /n.6!)' 'I11cnca N04"09' 13"B 130:84' to.Jl point not set; Thence following !I curve to !I pointnolScl with a.fong chordof6l!r.ll, chord bellring of NI6"29'13"W

Rlldius"S65.39' Arc"623.50'

111cnce N3'P07'39!'W 155.80' toa point not set; 'I1tencc. fonowing il curve to II point.nol setwitb a long chord of348.67, chotdbearing oe N46D46'26"W

Radius· 1 040.39' Arc~35032' .

TIlencc following Ilcurve to lIpoint 1I0t set with a long chorifof350.15. chord bellr/ng of NSI"IO'05"W

Radius!'" 1 9 12.6 1 ' Arc""350.64'

'I1umce N45°S4'S8"W 670..96' 10 II. point not 5ct~ l11cnce following II curve to a point nol sel wilh II long chQrd of 1 ~40.S0, chord bearing of N69°39'13"W

Rndius""1661i'.39' ArC'" 1 379.93'

TIlcnce S86~36'J2"W 255.03-' to a point not set; TIlence following a curve to It point not set wilha long chord of 197~78. chord benring of N82°3I'33"W

Radius=-524.61' Arc-198.97~ ";.~~

TIlenco N71"39'37"W 1 034·.71' to a point not set; ". Thence following ncurve to a point. not scI. with II long chord 0(369,10. chord benrlngof Nno16'21"W

Rnditls"'I7275.39' Arc=-369, JO"

'111encc Nnn53'04"W 1013.37' to an iron rod set; 111cnce tbllowing 11 curvo to It point not set with l\ long chord of396.62, chord bearing of N7Sn38'46"W

RadiuS- J 975.39' Arc=397.29'

Thence N84"24'28"W J.7o.~31' lOll point-not set; Thence following a: curve to n poinl not sel.with a long chord of 148.7'~ chord bearing at N85°00'27"W

Radlus"7105.J9' AreQI48.7S~

Thence.SI8°ll' 14"E 42' .. 70'10 n point not sel;: 'f1lcnce 563"28" 17"W 59.67' 10 n point not sel,· '!11cnce N I San ' 14"W 51 ,.,6&' to lin iron rod .et, the Tl'ue Point of Beginnilig.

Said porcet containing 547774';2 square teet or 12.575 ncres-. which equates to 50890.1 square metera or 12.94& clIerdns.

LEGAL DESCRIPTION FOR EASEMENT 8:

Beginning al II survey control point in tho Ward of Guayncunj said pointbeingoa broS! disk set in concrete. Said point also known liS, 'CAMP' Ilnd having", northing ofS008S13059i1nd /lll· IllIsling of941S14.63 11 nored as tho Point of Begioning on the pInt labeled "UNITED STATES GOVBRNMENT PROPERTY FORMER NAVAL STA'nON ROO~EVELT ROADS; EASEMENT 8''; 'mence N48°13'42"B 1016.77'- (0 an iron rod lIct, the True- Point of Beginning, having n lIorthing of 80 1527.5403 and anensting of 942333.9276:

Thence N80"54'2an E 434.1 It' to·n point \iotsct;. Thence following It curve to i1 point ootset willt a long chord of 463.10', chord bearing of N8so02'26"u

Radius=-I 864.61' Arc""464.29'

Thence following !l curve to Ii point not set with a long chord of 362.68-'. chord ~earing oJ 373"28'41"8

RadiUS"'921 .61' Arc=165.07'

Thence S62."07'4&"g 20S.39' t<J n point not· sear Thence following· a .curve 10 n pointnot set witb a long chord of267~2S', chord bearing of 359°53'37"13

Rildiu!l=3424.6V Arc"l261.34' I

TIiencc S57PJ9'26uE: 142.96'

fo a point not set;. '!

Thence following a curve to It point not set witb 11 long chord of 168.92" chord b~iiririgof N72"25'43"B

Rndfus-f 10.39' Arc-I 92.:W·

Thence N22~30'S 1"13 341$6" to u pain I not set; Thence following Ii (''1lrve to.a point not set with a long. chord of 146.48'", chord bearing' of N27°4J'O lun

Rlldills-714.61' Arc=140.67'

Tlicnce N32"S5' IO"E: 115.54' to II' poinl not sell· Thence following a curve 10 a.point· not set witll a long chord of88.65.', cborci benring' of NI9QI4~16"E

Rndiu!l;:;;187,39' Arc",S9A9'

T!JenooN05°33'22~'E 84.71' [oa point not set'; Tlience f~lJowing n curve to a point not set wiih If long chord of 21-3.72" chord bearing of N43°17'241'E

Radlus-174.61' Arc"'229.99~

Thence N8·loOI.'25"E7S.96f (0 a point not. set; Thence following !I curve to il pOint not set with 1\ fong.chord of 38923', chord beuringof S83°49'31!'I!

Rndiils"744.61' Ar~39J.81'

'mence S68.°40~26"B 72.89~ to a. point not iret. l'hence following a curve to nil iron rod set with a. fon g chord of ll7 ;78', chord bearing of S48°S7'51"E

Rrtdius=174.6V Aro=120.1J'

Thence S60044'45"W4922' to' an· iron rod set;

--.-~--:-.-.--:'-.--.~-:---. - .. ---:-- ----:;.------- ------------ .. --.. - - .-. -···---·--~---~~---~·------=-------·-~---·--·T

Thence followingn CUIV8 to. n p~int no~ set with n long chord of 84·.58~, .chord bearing of N48-"S7'SI"W' .

Radius=125.39' Arc"'86,27'

TJlence N6S"4a'21i"W 72.89' to 11 point not set; Thence following 11 CUlVCI to n point not set willt II long chord of 3 63.50' • chord bearing of N83a49'JJ"W

Radhis=69M9~

Arc=361.78 t

Then-ceSSloO !'25"W 75.96' to a point not set; Thence following a curve to i1 point not set with It long chord or 153.48, chord benring of S43G l?.'24"W

Radiu? 125.39' Arc=165.16'

Thence SOS"33'22"W·84.71' (0 II point not sel;. 11lence following 8 cUIVe to n point not set with along cl,ord of 11 1.93,. chord benringof SI9"14·'161'W .

Radi!lS"'236.6\ ' Arc'"' I 13.00'

11lcnce S32°5S'IO"W 115.54' 10 npoint nalsel; Thence following IJ curve to a point not set with II long chord of i3 t .55,. chord bearing of S2?043'OI"W·

Radiu5"'72S.39' Arc-131-.?3' ;1

Thence S22"30'SI"W 341-.86'{0 a poini, not set; .;-: _ Thence following a curve to go iron rod se~ · with 1\ long chord of 24423, chord be[ting'.of S72"25' 4:l"W

Rudiiis-159.6V Arc-27!f.09'

Thence N57"39'26"W 1'42.96' 10 lin iron rod:sel; ThencCl following IlctliVe 10 un: iron rod set wiih 1\ long chord of263.44, chord bc~ing of N59"51'37"W

Rndius"'3375.39 t

Arc~63.50'

Thence N62°01'4S"W20S.39'10 '!II iron, rod sel; Thericc following It curve 10 1111 iron rod set wUh a long,.cbord of 343.32. chord bearing ot' N7J"2S'41"W .

Radius~872.J9· Arc~345.57<

Thence folJowin~ 1\; CUIVC 10 an iron rod set wilh 1\ long chord of 450.87. cllord bearing of S8Sa02'26"W·

Radilis"'ISI5.J9'· Arc=452.04'

Thence S80054:26''W 434-.18' to an iron rod set; Tlience N09~OS'3'lnw 49.22'· to an· iron rod set. Iho Tntc Point: of Beginning,

Said parcel containing 182,440.5 squnn:- f.eet or 4.188 acres, which equates 10 16;949.3 squnre meters or 4.3 t2 cucrdils.

LEGAL DESCRIPTION FOR JJ!A5EMENT 9

Beginning; at 1\ ~urvey control point in the Ward of: Mllchos; said point being a brass disk ~et in concrete. Said poiill nlsa known liS- • MEDIa' and having n northing of 811980.2405 and an ensting Qf 943163.074·[ noted as.the Point of Beginning on the plat labeled "UNITED STATES GOVERNMENT PROPERTY FORMER NAVAL STATION ROOSBVELT RoADS EASEMENT 9", Thence S42"21'29"W 2323.47' io nn iron rod sci, the Tnlc Point of Beginning, having a nortlling of & I0264,22lt4·11nd lin ~llSting. of 94 J 596.607Qi

'I11ence S321759'4S"W 82.86~ to a point not set;. Thence following:a .curve 10.1l point not set with a long chord of 134.73\ chol'd bearing of S071>1S'201'W

Radius=ISS.39' Arc=139.3S'

Thence SlS"23'OS"E614.93'lon poiritnotset; Tlience following,a curve to n point not. set with a long· chord of 519.04', chord bearing of S07a 11 '21 "E

Radius=-1336.6 I' Arc!=522·.3S'·

Tlience followinga curve to i1 point not set Wltll Ii long chord of 409 . .95'; chord' be;lring of 321l010'31"E

Rudiu5."'500.39'· Arc=422.38' '\

Thence S44"21'26ftE 3[6-.11' to n point. not set; .,_ Thence foUowfog.4 curve to ,I point not set with 0 long chord of219.89'. chord bei'u:ing of S4&038' 12"E.

Radius=1875.39' Arc"'180.15·

Thence S52°54'5&"E 262.43' tOil poInt nol sct; 'Illencc following !l curve to n paint not setwilh a long chor~ of 32'7.97', chord bearing of S44°00'48"8

Rlldius" I 059.6 I' Arc=329.29'

Thence S35~06'3S"E 708.116' 10 a point not sci:, Thence following a curve to!l point not set with Ii loilg chord of 373.98', chord bearing. of S29°35'03~'g

Rilditisc=1941.61' Arc"374.56·'

·nlenceS24"OJ'27"E·204.94' to 11 point not sel~ Thence following 11 curve to 11 pCllnt not set with a: long chord of 176~57', chord benring of 322°00:' n"E

[tndlus==2464.til ,. Arc'" 1 16.6 1 ,

Thence S 19°57'06"E 375.36' toa point not set; Thence following ~ curve [011 poini' not set with!l (ong chord of 163.9.1', chord bearing of 347"48'32"E'

Radlus-1'7S . .3!)' Ai'c=170.5S"

Thence following,a curv~ to IIpoil\tnot sclwilli a long chord of 222A7', chord bearing of S51"29 f 26"E

R.idius"271.61' Arc"'229.2I'

Thence S27"IS'S4n E 248JR' to Ii point not set; Thenc., following II curve 10 II point not set with. II long chord of 418,53', chord bearing.of SO 1 "S4'OO"E

Radius=487.61 ,. ArC"'432.S&'·

Thence foUowing a curve 10 n point.not sci wiUu long chord af722; 70" chord bearing of S06°02'21"13

Radfus"731.60· Arc"'7S5.77'

Thencc S35"3S'35"E 38.54' to II point not set; Thence following 11 curve to n pohtt.noi sel with a long chord. of 161.65' , chord belll'ing of S40"29' 50"E .

RndiliS?"945.39.~

Arc."" I 6 1.85' Thence following a curvc to II point /lot set with a kmg chord of 194.35', chord bearing of S23"14'2S"B

RadiuS""2S-7~61' Arc'" I 99.28'

Thence SO, "04'45"E 554,93' to It point not setl' TIlence following n curve to Il point not scI with a long chord of J 99;53' , chord bearing of S20"OS'47"B

Rndiuli"'JOS.3!l' Arc"'20l.26

Thence 839"12'50"8315.8;'1' to a point not set; Thence following ncurv6 to n point. not set witb a.long chord of 20D.tit', chord belll'ing of S02°53'll"W·

Radius" 149.61' Arc-219.S7

'nJence S44u59' 16"W 27.23' 10 n point not: set;. TIlence following a curve toa poiilt not set with 11 long. chord of 343,49'-. chord benring of S65~05·'37"W

Radii.Js=49~M P Arc=3S0.64

Thence S85"1I '5'''W 104.52' toa point not sct;: TIlcnce folloWillgll.curve to a point nOise.! with n long chord of22~.39', chord bearing of S44"21.'35"W

RadiuS'" 175.391 I\rc=250.03

Thence S03"31' !'2"W 236.43' to n point not ael;; Thence following a curve to a point not set with. a long chord of 170.76~, chord. bon ring 9f S 14D08J 35"E

Radius-281.39· Arc=J73A9

TIlcnee 831 "48'22"1: 236.41' 1.9·a. point not set~ TIlence fol!owinlPt r;urvC" to a point not set with II long chord of /14.50', chord bearing of S34°40~16"E

Rndlus-1145.39' Arc'" I 14.55

Thence 837"32'1 (f'B 355,00' to 11 poinl nlltsCt;i 111ence 832"55' lO"W 35 .. [8' to II point riot, sct~ Thencc following 11 curve to II point 'not set with a long chord of 55.09', chord bearing of S30oS2'53"W

Rudiusl?'774·.61 ' Arc-55.10

Thence. NOS")2'(}2"W 72.51' 10 a point not set; Thence.N37"32'IO"W 323.62' ta a poi!1t not·ser" 'nlence tallowing n curvc.to a point not set with a.long chord of J 1.9A2', chord bearirig 9f N34D40' J6"W

Radius= 1194.61'

Me-l1M7 Them:~ N3:lo48'22"W 23(1.4 I' to 11 point.not set: Thence tolJowinga curve tl) n point not set with a long chord of20D.63\ chord bearing of NI4DO&'JS"W

Rildiusc:330.61' Arc=203.84

ThenceNO~~J '12"e236.4J' to a pain I no(sct~ TlleIlce following 11 curve to n poiotnatscf.with a iong chord of293.76'. chord beurlng of N44U21 '3S"ll

Radilis='224.6J..' An;"'J20.2D

Thence N85cll'ST'E 104.52' 10 a' paint not scI;: Thence foUowiilgll curve to a point not set willi, n long chord af 309.65', chord bearing of N6.5"OS'J1"B

Radiuso;::45039' An;"'316.09

Thence N44~.59·16"E. 27;23' to a point n,ot sct; Thence following a curve to II point not set, with,!] long cllortiof 134.61', chord benring of N02DS3'IJ"B

Radlu5~1 01);39' Arc=147.S3,

ThenccN39"12'SO"W 3is.83i' to l\ point not set; Thence following a curve to a point not,setwith a long chord or 211.69", 'chord bearing of N20uOB'41"W ' ,t

Radius-354.6 P Arc"'236.02

Thence NIOD04'4S"W 554.93-' to 11 pain! not set;. Thence following II curve to a pointnotset with ~·Iong chord of 151.22', chordbliarinllof N23°!'4'2S"W

Rndius-208.39; Arc"" I 6 1.21

Thence following acurvo to n polnlnot set wilh a long chord of 170.06', chord bearing.of N40029'SO''W

Radius-994.6 p. Arc"!' 170.27

Thence N3SD35'3's"W 38.54' (0 B point not set;, Tlience f'ollowingacurvcto a point not set with II long chord of 77 1.2.6', chord beoring of N06"02'21"W

Radius.=7& 1.82' Are-S06.55 '

Thence following a curve to It point not setwith ~ long chord 0(376.29', chord hearing oC NOI D54'OO!'W

Radllls:"'438.39' Arc"388.92

Thence N21"IS'54."W 248.18' to n point not set;, l1lence folli>wingllcurve to a point not setwiln u fong chord erIal. 15', chord.bcllring of NSl"29'26"W

Radlur-222.3!l' Arc"" I 87.67

Thence following a curva· to 11 poilit. not set wiUI' n long chord' of209.91\ chord bearing of N47D48'J2"W'

Rndius?224'.6 J ' Arc-218.41

Thence N19u.57'06''W 37S.36' to a point not set; Thence following Ii curVe tOil point not set with a long cbord of 173.04\ cho~ bearing of N22"OO'17"W'

Rndius=241539' Arc7"173.08'

Thence N24'03'27"W 204.94' to II point notsct; Thence following II curve to II point not set with It long chon\ of3 64.50'. ctlord benring of N29"3.i '03"W

RudiurI892.39,' Arc-365.07

Thence N3S'06'38~'W 70.8.86' tOil point not set;· Thence following!1 curve to Il point no~ se~ with a long chord of3t2.73', chord bearing of N44"OO'4S"W

Rndlul1=IOrO.39t

Arc=314.00 Thence NS2"S4.'.58"W 262.41' toa point nouet; Ttleneo following II curve to II point not set with n long chord of2B7.:W. chord beoring of N48°3S'12"W

Rlldiusal 924.6 V Arc-287.51

Thence N44"21 '26"W 316.11' to II point nol set; Tllence following II curve tOil point lIot set with a long chordof4S0~28.'. chord bCiiI'ing of N20"IO'J I"W

Rlldius=549.61' Arc=463.93-

Thence following a curv~10 n point nof sel wilh a long chord of49!}.92', chord bearing of NO?" 11'2 P'W'

Rndius=12&7.39" Arc=503.12 .. ·;·i!

Thence N I S"23 '(},S"W 614.93' 10 II point nol set; 'mence following n curve-IO II poinl n.or sel Wilh n long chord of 177AO', chord benring of Nfr7"J 8'20"1?

Rndius"'204.61' Ai'c=I83.49'

Thenco N32"S9'4S"E 74.06' 10 Il point not set;, Thence S67°08" O."E,SO.OO.' to. n point not set,lhe True Point of Beginning.

Said parcel eonlllining 504,031.5squnre feel or 11.571 acres, which equates to 46,826.2 square· meters or I I ,914 cucrdas.

LEGAL DESCRIPTION EASEMENT 10.

Beginning at 11 survey control poindn tho Ward of Guayacan, said point being a brass dis~ set in poncretlt. Said point also known as 'DOCK' anlf hoving a norlhing.of 801 006.9442 and lin casting, of9~8162.625 I noted as Ihe Point of Beginning on the plat labeled "UNITED STATES GOVERNMENT PROPERTY FORMBR NA VACSTATION ROOSEVEL TROADS EASEMENT 10", Thence N82~ 1S,'33"W 6368.65' to an iron rad set, the Tmo Point of Beginning,. hnving a' northing of 110 1859.2585 lind an casting of 93185 J .2678:;

ThcnccN21°17'1 '''W'7Q.94! to a point not set: ·TIlence. following a curveto II point nOL set with !l long chord of 544~78', chord bel)ring of N62°20'Sl"E

RlIdilIs=143S.79! Arc·= 548.09'

Thence N73°J5'38"E 791.28' to n pointnotset~ Thence S 16°44'22/1n 9.18"0 a poiht not sct; ThenceN73°IS'3S"E 1311U2' La a paint not seti Thence SOloOO'4S"S 51.13' to an inlO rod set; Tbence S73 I1 J5'38"W 1367,26' to nn iron rod,sl}t~ ThenceS16°4.4'22"E 9.18' to an iron rod set; TIlence S?3 QJ5'3S"W 7~1.2S' to nn iron rod set; Thence following n cllrvelo an iron rod set,lhe Tme Point of Beginning witit:a long.l;hord or 539.87" chord bearing ofS61"54'26"W

Rndius= 1371.21; Arc"" 543.42' .';:~

Said pnreel conlaining IS7,993.8 square feet or 3.627 acres, which.equotes to 14,678.2 square meters or 3.735 cuerdas.

'--.- ,"7"-- ---,---_._-,--,----. -------------_. -----. ------~--------

LEGAL DESClUPTlON EASEMENT 11

Beginning at: a survey control point In the Ward ofGunYDcnn, said point being j1 brass disk sct in concrete. Said pointal~o known ~ 'DBUCIAS' lind having 11 n()f\hing 9i799143.8S31 lindon easting of 927504.4901 noted as Ihe Point of Beginning on the pillt labeled "UNITED STATES GOVERNMENT PROPERTY FORMER NA VAL STATION ROOSEVEi:. T ROADS EASEMENT t fIt. Thence S830:29' SS"W J 270.45" to DR iron rod sct, the, True Point ofBeginning; having. n northing of 799000.0249' and lin c:asting of926242.20!)O:

111cnce following II curve tt) n pOint not set with II long chord 0(206.40', chord bcaring of S44-"37'24"B

Radlus.-799ISl' Arc-206.9S'

Thenca S37°12'2S"E 184.72' fo 11 point not set~ Thence fol/owing 11 curve) to a point not set witl) II long cbord of31OJ S'; chord bearing of S 16°02'is"e

Radlus-=429.52' Arc=317.JS"

Thence SOS"07'35"W n 3'.24' to a poinlnot set; Thence followlngu curve to a point not set wiih a long chord of29S.16·, chord bearing of 813°33'58"5

Radrus-460;48~ Arc03300.46'·

ll1cnce 832G lS'3'J"E 300.98' to a point not set; .. 1 Thence fullowing II CUriO to a'point not sot with n long chord of 368.15" chordb'~l1ring of S16°53'22" e ."'. '.

Rndiusc694.52' Arc. .. 372.60·

Thence801031'13''g 814.3S' to a point notset; Thence following II curve 10 II point not set wilha long chord of478.7I', chord bearing Df

811°36' 57"S' Rudlus"136SAS' Arc-48 1.20'

Thence following .a curve to a'-point not get wilh i1lon~ chord of 450,35', chord bearing of S85°44·'10"E

Rudius-250AS' Arc=S59.79'

'111~nce N30° 14-'21"E'582.72' to 11 point not set;: Thence NS9°4S'39"W 19.691 [0 a point not SCli

Thence N30"14'21"S 467.43' to a point nolsel; lllence following a curve to n point'not get witb II long chord of 16 J 0.01'; chord lienrillS of N32~O'28"B

Radi\1s",21949;2l" Arc-I 61 O.4S'

Thence N3'1~6'3S."E 721 .41' to' a point nohelf TIlence tollowing Q curve to: 0 point not set with a long chord of 1138'.26', chord benring ot' N39a 17'54"S'

RDdius=6724.21' Arc=113!1.63·

Thence following a curvo to' II' point not set with a longcilord of 684.73', chord bearing of N54D49'22"E

Radius= 1849.21' AfC""u8B.70'

Thence N65"29'32"E 226.98,' to a poInt not sel;. 111ence S24°30'lS"e 15.42' to a point,not set;

Thence following II curve 10 It point not sel with n. long. chord of 577.17', chord beoring of N42°44'26"E

Rndius-746.21' Arc=S92.63,

l1leilc~N 19°59'21"B 655.01:' 10" Ii point not set:. Thence following 0 curve 10 II point not sel witb a long,chord of 779.17", chord. bearing of N3S"42'42"R

Rndii:ls=J438~7!]"

Arc"'789.65' Thence S2J o 11i n"B 70~94' 10 an iron rod set; Thence following It cUlVe to n pointno( set witli a long. chord of 122.B4", chonibenring of.' S35°16'17"W

Rndi~ls=137L2l' Arc=131.4S'

Thence SI9°59'21"W 651.23' toa point not set; Thence following. II cUlVe to It point not set with i\ long chord of 629.45', chord bearing of S42°44'26"W

Radlil~8J3.79t Arc"646.30'

Thence S24"30'28"l! 1 5.42.' to a point not sct; Thence S6tiI129'32"W 226.98' to II point not sett Thence following a curve lo a pointllot set with along chord of648.29', chord bearing of S54c49'22"W

RlIdibs-1750,79' A Arc;=652.0S' _.~ , .

Thence fullo\Vi!l~ ll. CUr1/e lo a point not sctwith 11 long chord. of 1121.60·, ~hord;DeuritlgQf S39°17'54"W

Rndius=662S.79" Arc"1122~95'

Thence- S34"26'3S"W 721.41' to II point not set; Thence. faUowing IJi clirve to II point not set with.ll. long chord of 1602.81', chord bC(ldng of S32"20'28"W

Rudjus~185o.79' Arc= 1603,23'

Thence: 330" 14'21"W 46.1.43' to a point not set; 111cnce N59°45'39"W 19.69' I'O'i\ point not set; TIlence S30° W21"W 582.72' to npoint notset; Tllcnce following n curve to an iron rod sci willi It long chord of 556.51' j chord bearing of N85c44.' IO"W

Radius"'309.52~ Arc=691.74~

Thence tollowing:.tl curve to an iron rod set with II [ong chord of499.41', chord bearing of N 1J036'57"W

RadiuS: 1424.52' A rc=502. 0 I'

Thence NOl Q31'13"W 874.38' 10 lin iron rod set; Thence tbllowlnga curve to lin iron rod·set willI a long chord of 336.&5', chord bearing of N 16Q53'22"W

Radius=635AS' Arc=34M3i'

TIumce N32.°15'31"W 300.98' to alT iron rod set; Thence follOWing a curve to an iroorod set ~it[l II long cltord of333.0D';cltord beuringof N 13~33'58"W

Rndius=S19.52r Arc=338.9S'

Thence N05°07'35"E·113.2.J' tOlln iron rod set~

'1111mce following. neurve to illl: iron rad set with 11 long chord of267.55', chord bearfog9f NI6·02'2S"W

Rudlus=370.48' Arc=-273.73,

Thence N37"J2'25'1Wi 84.72"10 ail iron rod set; Thence fllllowing u:curvc to 1111 iron rod selwitl1 1\. long chord of201,46'. chord bearing of N4S"06' 13"W'

RlIdiuF740.4S" Arc"'!204.1 ()~

TItenco N49."48'48"B 60.44' to nn iton rod sci; I lie TIlle Poinl of Beginning.

Said pW'ceJ confaining 869,213.9 square tee! or 19.954 licres, whicn equates to 80,572.9 square meters or 20.546·cuerd!l9.

LEGAL DESCRIPTION FOR EASEMENT iz

Begi!1l!lng at a survey control point. inlhc Wall}; of GUllyncall, said point being II brp9! disk set in concrelo; Sllid point also Icnown as 'DELICIAS' nnd Iiaving a northing of799J 43.8537 and 'an ClIstingof 927504.490 I noted os the Poinl of l3egmnlng on the piot Inheled "UNITED STATES GOVERNMBNl' PROPERTY FORMER NAVAL STATION ROOSEVELT ROADS EASEMENT 12", nicnco N86"OS'59"S 29t6.67; to lUI iron rod set, (he True PolnlofBeginning,'hllving lLnorthing·()f199339:,7094. and aneaslingof930414.5800:

111ence· following a curve to.1I1l iron rod'sel; witlf a long chord of394.07', a·chord bearing: of S88°16'14"E,

Radius"" 694.61" Arc=399.SS·

ntenccS 1 S"12'29"W 49.22' (0 11 point not set; Thence following n curve tall point not seL, with along chordof366; 14'. a chord bearing of N88D 16'14"W,

Rnd iuS'" 645.391

Arc=371.24 , Thence S7SDIS'02"W 302.30' 10 n point not set; Thence tbllowing" curve to IIpoiul Dot set; with 11- long' chord of4:l3JlI.', a chord bCllrillg of N79DS2'IO"W,

Rndius'" S l4.tH ' Arc:=446.92'

Thence N54"59!22"W 22.31' to n point nOl·ser,· t

Thence foJlowinlJ n curve ton point not $et; wltb' 1\ long chord of 49.31', n chord .~.enHnii of N39°39'44"E~ ,.;:~1 i.

Radius" 6625.79' .• Arc=49.37"

Thence S54°59'22"n'18,37' to. n point nol set~ Thence following n cllrveto a point not sot; with 1\ long chord 009 \..60', a chord.bearing of S79°52' ] O"E"

RndJilsm 465.39' Arc=404.1 S'

Thence N75°IS'02"E 30Z.30' (0 illl iron rodse~ lite· True Point of Beginning.

Sl1id pnree! contnlning 55,798.0 square feet or 1.28 T' acres, which equates 105, I 83.8 squnrc meters or 1.319 cuerdo!l.


Beginning at 11 survey control paintin the Ward ofGuaYlIcnn, snidpaint being!1 brass disk set In concrete. Said pointnlso known n! 'DELVrS' nnd hllvinS!1northing of796646;7678 and an ensling of927749.8902 noted bs the Point of Beginning on the pInt labeled "UNITED STAreS qOVERNMENT PROPERTY FORMER NAVAl:.. S1'ATJON ROOSEVELT ROADS EASEMENT 13". TIlenceS78"S2'34"E 168.0t .. to nn iron rod set; the True Point of Beginning" having.a.northing of796614.3537 and'nn casting of 927914.74tl}:

'IiJence N300t4'21"E:S L03' 10'0 poiJit.not set; Thence S1S"02' 5 t"e 9 I 9.53' to a' point notselt· llumce lollowing 1\ (;urvc 10 n· point not set; willt a long chord 0("462.99', a chord bearing of S29"33 '20"B,

Radius=- 324.6 I' Arc=515.47~

111cncc 515"56' Il"W 360; 72.' to Il point nol: set;· TbencG following 11 curve to 11 point not set; witb 11 !ong chord of 418;0&'; a chord henring of SOI.o33'03"W,

Radius"" 841.39' Arc=42-2.5P

Thence 312"50'05"8. 705.02' to n point not sel~ Thence foUowingli curve to If I)uinl 1I0t'set; Willi' a long. chord of 237;97', a chord bearing of S locZ4'27"B, .

Rndius-2809;6I' Arc=23 g..04~

Thence 807°58' 50"B 664.13' [0 n point not set; .,~:~

, .. ~

Thene& following' It curve' to .. n point not set; with a fong chord of 161.35', a chord benring of S 12°03'l3"13,

Radius=- t 135.39' Arc=16IAS'·

'I1lence SI:6"07'41"E/I06.1S'10 a' point not set: Thence Ibllowing n Cllrve; 10 11 point not set; with £I long chord of 121.76'.0 chord bearing of S21.°04' 50"B;

RadiuS'"" 70S.3!)' Arc=121.91 '

TIlence S26°01'54"a. 754.37' fa a point-not set; Thence' N6J"S8'06"B'29,53' to n point not sol; Thence followiug n curve 10 lin iron rod set; with II long chord of 243.72', u chord benring of S 17°461SO"E,.

Radius=-849,14· ArC""244.57·

ThcnccS09"3I'46"E 282.37' 10 on iron rod se.tt TheoclJ following. a curve' to un iron rod set, with n long chord of 294.191~ a chord ocarina of S40c30'3SI'H; .

Hlldius ... · 285.86' Aro=J09.l3'

Thence S 1 sn30'3ii"W 29,53·'10· a point not selj Thence- 51l "29'24"B 79.41' to II point not set; Thence following II curve to II point not se~ with Il !ong chord of 143.96', II chord bearing of S83°20'41"E,

Radius- 350.39' Al'C=144.99'

Thence N84°48~02nE272.8I' to lin iron rq4 set;

~.,..~~.--.. ----------.--.-~-.--~--.------.-~---.. -.-.... --.---~-........ ------------~-----------"---~--"'--------'-----"'----------------------,----_._-----------_ .. -

Thence following n. curve 10 nn iron rod set; with n long chord of 24 1.06', a chord benrlng: of S10~36' t 9"E,

Radius'" 289:61' Arc"24IMl~

Thence following II. curve to. an iron rod· set;, with n long chord of 530.3 S'. II chord benring of N84"Ol'47"E,

Radius"" 346.39~ Arc=604.07"·

TIlence SS5"SS'4S''E 49.22' to 11 iron rod seli Thence folloWing II curve to 11 poinr not set; wHit II long .. ellord: of 605.14', 11 chord bearing of S84°01'47"W;

Radius=' 395.61' Arc=689~90'

111encc following il curve to a point not set~ witb II long chord of 20(};09\ a chord bearing of N70036~ 19"W,

RlldiuS""·240.39' Arc=206.37 j

Thence S84°4a'02"W 272.81' to II point not set; 111enca following a· curve to 11 point not set; with along chord' of 164.1S', n chord bearing of N83Q 20'41 "W,

Hadius· 399.61" Arc=16S.36'

Thence N71 OZ!)'24"W 79.4l' to· a poinl' not set, Thenc~ fallowinwa: curve- to a point not sct: with a long chord of 31S;36',·li chord bearing of N4QaJQ'35"W~ _~'~

RadiuS"" 364.61 t .:".,

Arc",394.30' 111encc N09°ll'46"W 282.3.1' 10 a point not set; Tllonce folJowing.!1'. clIrve to n point not set; with· a long chord of 221.12'. a' chord bearing. of N 17"46'SO"W,

Radius" 770.39-' Arcf"221.88'

Thence N26"OI '54"W 754.37' to n point not set; Thence following a. curve 10 11 point not set; wilh !1 long chord at' 1-30.25', n ellol·d. bearing of N21°04'SO"W;

RlldiuS"" 754.6 J' Arc'" 130.41 r

Thence N ){i007'47"W 406, IS' to u point not sel; Thence following II curvo to !l point not set; with, a long chord of 168.34', a chord, benring of N J2°03'18"W, .

RndillS"" 1184.6 P Arc= 168.49'

Thence N07°5S'.50"W 664; D' lo·a point not set;· Thence fol/owlng 11 curve to II: point not st:t;. with II fong ebord of 233.80", a chord bearing of N I 0"2<1 '27"W~

Rlldius'" 2760.39' Arc=233.87~

111cnce N 12GSO'05"W 705.0:1' to n point not set; Thence folloWing· a, curve to II point not set~ witllil long chord of 442.54!, a chord bearing of NO 1 °33'OJ.?'B,

Rndlus'"' 890.61' Arc-447.22'·

Thence N 15"56'H~n 360:72' to' a po iilt not ~et:.

~- ______ ~ • --- --- .-'_. -- --- -~ --~--- - -~-~---- _,",A _, .... ______ ~~_ ..-_. _______ ~ ---~ ___________ ---"'~----- --.---- - ----- - ... ~. --- - -- -- -_. ----_________ _

TIlencc. following a curvet [0 t1 point, not seLj with a [ong chord of 392.79', II chord bearing; of N29"33 '20"Wj

Radius" 275.39' Arc=437.3V

Thence N7S·0:i' 5 i"W 932.9!}· 10 on iron rod sel', IheTru~ Point of Beginning.

Said parcel containing 394.968.0 square feet or 9.067 oeres; which. equates to 36.693.9 square meters. or 9,336 cuerdas.

. ,~

LEGAL DESCRIPTION FOR EASEMENT 14,

Beginning ul.u survey conlrol. point in Iho. Ward of OUllyacon,llllid point being i1 brass disk set in concrete; Said point 1I1so. known as • DEL VIS' and having a: norlhing oJ 796646.7678 and an ellS ling of 927749.8902 noted as Ihlt l'6int, of Beginning on the plill-Iabeled "UNITED STATES" GOVERNMENT PROPERTY FORMER NAVAL STATION ROOSEVELT ROADS IMSEMENT' 14". Thence S47"I6~47';B 6610.93' to' un iron rod .set,. the True·l)oint· of Beginn ing, having u northing of 792161. 7895. and ~n 611stingof . 932606.7849!:

Thence S48"34'14"W 49:22' lo'un iron rod set; Thence following a·cllrve i() II point not set; with n long chord of 327040'; a chord.beuring of NSlo48'4l:"W,

Radius· 908.39" Arc=329.l9'

Tliemee N62°t I '35"W 204.46' to·a point not set; Thence following a curve to a point not setl with II long chord 0[285.17', n chord bearing or N87Q 30'SO"W,

Radius" 331.39' Arc-294.67'

Thenc" S67'09'SS"W 249.07" to n point not set, Thence following iI curve 10 iI point not set; with It long chord of273.3S', 11 chord bearing of S5003S'S4''W,

Radius= 479.39' Arc=217.21'

Thellce 834"01 '53"W J 1290' toa point not set;: .,. Thence. following a cnrve to II point notse~ with a long chord of 157.69\ 11 cl!ord:oeadng of S03°SS'06"W.

Radlus~ 157.39' Arc=165.17'

Thence: :326"05' 42"R 141.99' to a point not Sci; Tlience fo!lowin~ a curVe to un iraTi rod sel; with a long chord of27S.30", n. chord bearing of S03°59' l7"W.

Radius= 274.61 ' Arc=-288.37'

Thence N5S"5S'4S"W 49.22' to an iron· rod set; Thence following n curve to a point not set: with n long chord of225.95', n chord benring of N03"59'17"E,

Radius· 225.39' Arc=236.68'

Thenco N26°0S'42"W 14,1.99' to n painlnol set; TIIGncc foHawlng 11 curve to n p.oint not set; wiln lllong chord of207~001, II chord bearing of N03"58'O(t"E,

Rndius= 205.61' Arc"216.82'

Thence N34"OJlS3"e 112.96' t9 a point not set; Thence follDwinga curve to a poinl not set: with n long chord of 30 1045', a chord benring or NSooJ5'S4"I!.

Radius'" S21t61' Arc"3{}5~69'

Thence N67"09' 55"13 249.07' to 11 point' not set; Thence following a clIrve· to a point not set; with a long chord of 327.27', a chord bearing of S87Q30'50"8,

Radius=- 3 82.61" Arc=338.J7"

ThenceS62°II'3S"E 204.46' to Il point not set;

11lence following a cUI'Veto nn iron rod sel. the True Point ofae~inning with along chord of 34S~ 14', t\ chord beariil~ofSS1"48" 41"E,

Radius~957.61 ' Arc."'347.03'

Said parcel containing 103,,755.2 square feet or2.382 acres. which equate! 10 ~,639.2squaro melers or 2.452 cucrdns.

:1,

LEGAL DESCRIPTION FOR EASEl\IlENT 15.1-

Beginning at a survey conlrol point in the Word of MllChoS; said point.being il bross dislt set in concrete. Said point-:lIso·lmown 8l~ • CAMP-' !lOll huving Q northing. of 800851.305 I} nnd an ellStlng of 9U574;6311 noted os the Point ofl3egihnlng.on the plat labeled "EASEMENT IS I". Thence S58D IS'43"W 1415;33' 10. an iron rod set, the True Polnl of Beginning,.hnving a norihing of 800106.7923 and an costing of; 9403.70.9503':

Thence S53"34'S3"6 189;86'1"'110 iron rod seli Thence·S50D43'2S"B 313.99' to nn iron rod set~ Tlience following ;a.CUIVC to nn iron rod sel with u long chordoC278.22', chord benringof 852°59'29"E

Rilditls=3SI5.39~ Arc;=-278.30'

Thence S34~44'26"W 49.22' (011 poii'lt notsel; Thene., tbllowin~ a curve. to a point nol sel wilh II long chord of 282.12', chord. bearing of N52°S9'29''W

Rlldius=3564.61' Arc"'282.19'

Thence NSOD43'25"W 313.99' [0 a poirifnotscl;: 111ence N56°J1'O(}"W I.BID2' to II point nat set;. 111cnce N54'S3'10"W 2578.10"10 nn iroll rodse!; Thellce N3.s·07'20"E 59.04' 10 an iran rod set; 111ence S5·~oSl·'l 0"8'2578.09' 10 lin iron rod sel,.the True Point of Beginn.ing.

J~:~

. .. ~

Said parcel containing 191,621.6 square. feet or4.399' !lcres, which' equates to 17,8025 square melers or 4.529 ·cUCfdlls.

-----'-~---~--. -------------.-.--.-.------~--~-. -_._----.-.. -:-~-------:---------.-----.. ---:---------- --_._---.,..-_._--. ---* ... _----:-

LEGAL DESCRIPTION FOR EASEMENT 15 II

Beginning at a sllrveycontrof poinl .iothe Ward oCMileno!, said point being a. brnss disk sct in concrete. Said pOint. also known 09: 'CAMWnnd hnVlng a norlhln!! !;If 8008S1.3059 nnd an easting of941574'.6311 noted as tbe Point of Beginning all the pint Inbeled "UNITED STATES GOVERNMENT PROPERTY FORMER. NAVAL STATION ROOSEVeLT ROADS EASEMENT IS n", ThencoN7I G48'01"W 4473.04' to nn iron roel scI, theTruc Poiot of Beg inn rng •. baving a, nortbing of802248;3771I1i1(i on casting of937325.36 J 5:

Thence S54aSJ'IO!'g 1145;08' to, an. iron rod sel;, ThDncB'S3S"07'20"W 59.04' to un iron rod sci; Thence NS4D53'rO"W 1145.07" to II point not.seti. Thence N35·06'50~'E 59.04' to an iron rod.set. Troe Point ofBe~innlnl1>'

Said parcel eonmining 67,60S>I .squnre. feet or 1.552 acres, whioh equutclt to 6,20$.7 square mete~ or 1.598 cuerdDs. .

_, ___ ~_ .. _~_, _____ ~_: ____ __ _ ~ ___ -:-___ ... __ "._,_:-----:._._:-:-_.'::-_.: ___ . _ ___ '_._.:--___ ~ .. ____ :_--.-.. ---._:__.----.. - -a.-------:-'---...... _-:.:'_. ______ ~_ ...... _.-:___.----.-'~ ... -


13eginning·ut 11 survey control:poinl in the Wnrd of Mncholl, . .snid point being: 0 brosil.disltselin conl;rele. Said point also known as 'CAMP' and having a n~rtl!lng of800S5.J.3Q59 and nil casting of941574.631 t nOledo1 the Point of Bcglnnin& on the plat Inbeled "UNITED STATES GOVERNMENT PROPERTY FORMER NAVAL STATION ROOSEVELT ROADS. EASEMENT 14" . Thence S25"34'41"W 1356.43" to n PI( nail scI, Ihe True POintofl3eginnlng, having a northing of 799621.8270 and 'an IllIsting of 940988~9671 ::

11lcnce$SSol.j"34"E r622~79' to n point nol sel). Thence following n curve to n poinlnol set'with n long chord of317.94', chord bearing of S44°0S'39"E

Rndius:"'824.61 ' Arc"'319.94'

Thence following ~ curVeton poinl nol set with Ii long chord of471.02', chord benring of S44°53'41"0

Rndlus=1145.39' Arc<;>474.41'

Thence SS6D4S,'37"g 453.21' io [l point Douet;. 11lcnc(\: following n curve tit n point not set· with n long chord of 885.86", chord benring, of S25"20'19"E

RndJus?"849.61' Arc"'93 1.87'

Thence. S06"04'S9"W 307.16' to n point not set; Thence tbllowing It curve to n point DOt set with a long chord of263.6S', chordliJ:nring of S47"2S~ 16"W ' ' '.

Radius" I 99.61.' Arc=288.03'

l1\ence S8SD4S'33"W 199.6 P ' tD II point not set; Thence tbllowing 1l.Cua'Vc to n point not sot with n long chord of512.24', chord bearing of S54u06'01"W

Radius=450.39' Arc=544.S1'

Tllcnee S 19"26'41 "W 326.67' to II point 1I0t sel; Thence following nClIrve'lo u polntnof set. with along' chord of 80.1.s.·~ chord bearing,of S20"22'22"W

Rndlus=2474.61'· Arc=SO> 15'

TheneeS21D IS'03"W 174.42·' to II pointnotsel~ Thence tollowing a curve to 11 point not set with a long chord of-18l.43' , chord bearing of NISD47'S7"W

Radius=- 1.50.3.9' Arc-194.76Y

Thence SS2DS3'S7"E 1350.91'10 nn .iron rod sel; Thence S37"06'03" W 49.22' IQ an iron rod set; Thence N52°S3'57"W 1:3.50.91' to a point not setl Thence following a curve (9 II point not3el with n long chord of240.8I', chord, bearing.o6 N 15V4T57"W

Radius" I 99.61' Arc=25a.5Q'

Thence N21°1 S'03"E 174A4' to n poilU nOI sel~ 11l1lOce tbllowing n curvo 10 n point not sel willi n long chord of78.56\ chord bearing of N20"22'22"n .

Rudius-242S.39.' Arc."'78's6!

~_. ________ ~_-""_' ___ h_"'h~_~ ___________ -~------.------~-,-------~--- --------- -.--------------. - --- ----~---- - ~- -.----- --"",,-- ---- ;

Thence N 19"26'41"c 326:61' to n point not sci; Thence following il\:\lrvC to n: point not sel willi u long,chord of 568.22-', chord, bearing of NS4°06'01"ll

Rndius=499.al' AI·c"'604.41'

Thence N88°4S'33"E 199.61'10 II point not: SCI; Thence I'ollowirig~ c,urve to II point not set witb 11 long chord of 198'.61" chord befirinG of N47Q25"[ a"!!

Radlus= 150.39' Arc"217.01'

TIience N06"O'4' S9"E 307.16' to II point ootset; TI!ence following.a'curve to OJ point notset:with n long chord of 834,54, chord bl!:nring of N25"20'l CY'W

Rlldlus=801U9' Arc~871. .89~

'fllence N56°45'31"W 453.i I' to It' point not set; 'mence followiogn curve ioa point not set with a long chord of49L26, chordhenring of N44°S3'41"W .

Rudius'" I 194.61' Aw'494.79>-

TIlcncc following a curve to n point not set with !llong chord of298.9G, chord bearing of N44·0S'39"W

Radius"77S.39' Arc-300.84"

TIience N55"IS'34"W 1622.19' to n paint no~ set; TIJence N34·44'26"S 49.22' to II Ill{ nail sel, true Point of Beginning.

Said parcel containing 35771 !l.9 square feet or 8.212 acres, Which equates to 33233.4 square meter.! or 8.455 cuerdns.

LEGAL DESCRIPT[ON EASEMENT 17,

Beginning lit a survey control point In the Ward ofGulI),llcnn, said point being II brass disk set in·concrete. Said point also knpwn as • EM BEACH' and liaving a northing of798535. n 1& and I!n casting. of 943260.8239 noled as the Point ofBegil'lningon. the plat fabeled "UNITED STA'rES GOVERNMENT PROPERTY FORMER NAVAL STA nON ROOSEVELT ROADS EASEMENT 17"., ThenelS S7G"34'Sl"W J 062.22" tn an iron. rod' set, t!lU1TruCI Point ofJ3cl$inning; having IJ northing of798J81.9491 and nn e"dsting.of94225!I.0304:

TIlt:lnce S20"24'39"W 163.17' to lin iro!l.rodset;. Thence-S35"1I'24"W 90.5.7" to on iron rodsct; Thence S44·07'15"W 22Ul4' [Oll' pPin~ not SCI; Thence.N4So4S'061'W 38.&3' 10 II point. not set; Thence N44°11' 54"E 120.5&' to II poinl nol set; Thene!) following a curve to a.point notset wilh a long chord of 1000.12', chord bcnrlng of NOS"31'50"E

Rndius=65S.39' Arc'" 1 137.67'

Thenc~ S55"15'34"E 344.36' to n point not set: TIlcnce S34u44'26"W 40.66' to 11· point not.set; TIulnce lallowing-a curve 10 11 point not' set;lhe- Tnle' Point of Beginning with a long chord of 491.31', chord bearing of S05"35'S3"E

Rlldius"'704.6I' Arc!"'50.I.SS' ,

.'~

Said parcel contain ing 54,671.6 square feel or' 1.255 IIcreS) wh ieh. eq~tntes to 5,01?~2 square meters or 1.292 cllerdas~ ., .,

....----.-~~~ •••• --.-'-- •• --.-~.---.---'.---------~ .. ------.----~-••• -~-.----.- ------~--~-----~---- ------------~. -- -~ ----~~--~------.----:------------- _____ .... _ri


Beginning at a survey control point in the Word of Qunyacnn, said pointbe!ng a brass disk set [n concrete. Soid point also known os'· DELICIAS" lind having a narlliing qfJ99143,l!5'}7 lind nn easting (If 921504.490 I noted" lI$lhe Paint of Beginning on the pint labeled "UNITED STATES GOVERNMENT PROPERTY FORMER NAV A~STAT[ON ROOSEVEl.T ROADS.eASEMENT IS", Thlmce S82Q 02'4S"W 13-21. 1.6' !q an iron rod set, thO' True Point ofBcginn!ng-~ Jlaving a northIng Qf798961.0287 and an costing of925196.0422:

nence following n curve too point not set with a·long chord of 58,Ol't chord bearing of N5so14'45"W

Radius=740AB.' Arc-5&.OS·

Thencecfullowinga curve 10 a point not set with a longcbord of 749.97', chord bearing of. N6S"S7'4S"W

Radiusa I885.4S' Arc"'755.0t'

TIlcnce N80".26'O~"W 333.41 i to a point no~ set;, Thence N02°S3'40"BS9.44' to lin iron rod 8et; Thence 8S0"26'05"S 340.32'10. n point not set; 'mencc following I! CI!rvc.IO II point not set with a, tong chord of 773.46' , chord benringof S6SQS7'48"S

. Rndills'"'1944.52' Arc-778.liS' ,l

TIlcnce following n curve 10 II point not SCI with it long chord of 76.05'. chord q~.(tring,of S54°4S'56"E' .

Rudiu!F'79!}.52' t\rc=76,OS'

TIlcnce S49°4B:'46"W 60,43' 10 an iron rod set. the True Poilit of Be&inrting.

Said. parcel contitining 69,121.9 squl\re.feet or 1587 acres; whicileqllates to 6.'\21.7 squllre meters or 1.634 cllcrdoJ.

------,..--~.--.----------.--------------~--~--------~--------------------- ... ------_._-----


Beginning at n survey lfonl~oJ point inll:ltt Word of GUllyncnn, said point being n bran disk set in concrete.. Said paine alSO' Icnowri as 'DELICJAS' and having ~ northing of7991~3.8531 and an castin&. of 927504.4901 nol~d' n3 IhQ Point ofBeginning on the plot labeled "UNITED STA -reS GOVERNMENT PROI'ERTV FORMER NAVA ~ STATION ROOSEVELT ROADS EASEMENT·l9'~. l1ience N84"23'OIl"W 2393.39'10: an· iron rod set, Iho Tru~ Poinl ot'J3eginnillg, lil'iviilB!I northing of 799378.0976 and an costing of 915 I 22.59S2': .

Thence S02"53' 40"W 59.44' tOll point not set; Thence'N80"2(J'OS"W 1000;44' to II> point not set; TIlence. following t1 curvcton point not set with a' long· chord of 524.92', chord bearing of NB6~52'24"W.

Rndius"2340.4S' Arc=526.0r

Thence 886°41' 17"W 956.85' to'1\ point not sci; Thence S03Q I8'43"E 19;69-' 10 II point not sat; Thence. follow;ing;lI curve to 1\ point not set with o·long chord of 328Asr, chord· bearing. of S73°39.'S5"W·

Rildius ... 728.79' Arc"'331.29 t

Thence N29~ l'27!'\V 19.691·lo n point nol $et~ Thence S60"38~3l"W IOJ4.42' tall point not soti Thence following n curve lou point not set with o' long chord of 440.23\ chord, bearing of S77"37'38"W ,1

Radills=753.S2! <S iXrc=446.74'

Thence N8S"23'18"W'10S.09' to II pointnol sel; . Thence S06"29'OS"W 565.74·'10 II point not sol; Thence following aClIrve 10 n point not set with II long chord of240.&3', chol'd bearing.of S 12929,'15"8 .

Rndins;=370.39' Arc=245:29'

Thence S31"27'!4"E 205,67' IDII point not set. Thence tbllowing n curve 10 an iron rod'llel with II long' chord ofSI2.82", chord bearing: of' S25"12'28"B·

Rndiits=235tJ,61' Arc"'513.83·

Thcnce-87I "02'38"W 4922' to all iron rod sel~ Thence following II. curve 10 lin iron rod set with illongcliord oi'50~.1 0'; chord bearing.of N25°12'2S"W

Rildiusz230S·.39" Arc"503.09~

Thence N31"27'34.uW 205.67' to un iron rod SCI; Thence following 11 curve to n point not sel with II long chordof272.84.' \ chord bearing of N 12"29'1 S"I!

Radlus"419.6.1' Arc-277.a9'

Thence N06"29'OS"E 488;65' {on (loinl not sei~ Thence N'lloI4'OtJ"E 13.5.3&' to n point nOI sel:" Thence S8S"23'18"E 141.1-9' (0 n point.llotset; Thence Ibllowing II. curve· 10 n point nol set witl~ n long chor.d of 40S.74,'. chord bearing of. N77Q 37'38."E

Rllditis"'694.4I!-' Arc=41 L14'

Thence N60<>JS'3J"1!- 1014.42' to npoint nol set;

__ ~ ~ _____ ~. _____________________ _ N _____ ~_· ___ ~ _________ ~ --- -

-.-.~.-.-----.~------.-----,------,---~-.---.-.• --------~---.--~ .. ----:--.-.-

Thence N29"2 t'27"W ] 9.69' to II point'not sel. 'nicncCl following II curve to a point not.set with a long chord of372.80'; chord benringof N73"39' SS"E

Radlus=827.21· Arca 376.01'

Thence S03°].8' 43"E 19.69' to Il point not sel; Thence N86°4l' 17uE 956:85' to an iron rod sct;. ThenCe! following.acurve to un. iron rod set with a.long chord of 538.16', cJl0rd bearing of' S86"S2'24"E

Rndins=139952' Arc;=539.29'

Thence SB0"26'OS"E 993.54' to lin iron rod setl the 'fmc Point of: Beginning.

Said parcel conlaining 350;976.2 square feet or 8.0S7 acres; which equates fo.32,606.9:squnre meten orS·.296 cuerdas.

~.,

.,--------.,-~~----~--... ---~ ... ~-.,-... ~.-"-------~-.-.--... --~--,---.-.---,~~.--~ .. - .... --.------....... -.----.-.---.~-"':.-"----_ .. --_ ........... --.-.... --- . ...,.-.. -.--.. -.--.~-


l3egi.nniilg nt II survey control point, in tho Wnrd of Dagullo, said point being a hms'disk. set Iirconcl'ete. Sold point also- known as 'MANATI' nntl having n north ingof 791059',1339 and an easting:of 92 f'190.5759-noted as Ihe Point of Beginning on the plnllilhelcd"'UNlTED STATES GOVERNMENT PROPERTY FORMER NAVAL STATION ROOSEVELT ROADS EASEMENT 20". Tli"eilce N12"'l2' 56"W 5380.02' to ao' iron rod sci,. the TI1I11 Point· of BeginninlJ., hnvlng.ll northIng ot'7963 17.3385 lind dn cllsting of 920352.2213:

'mencc N07"23'37"W 50.~' to a point not set;· Thence following a curve to II pojnt. not se~ with ;l iong chord of261'.52\ chord bearing of N60"27'55"E

Rlldlus=115.39' Arc-263.91'

Thence N50"II'OO"E 631.48' to a point not sell Thence following n curve to un iron rod set with a long chord of 443.02', chord belU'lngof NJ5"36'49"S

Radius"J90~39' Arc=47 1.09'

Thence N71"02'38"E 49.22~ to all iron rod set; Thence following n curve to It point not sct with a long chord of498.88~, chord bearing of S 15"30'49"W'

R~ldhls"439;6I' Arc=530.4S'

Thence S50o.tJ rOOnW 63 L~8t to nn iron rod set; .. l Thence following a curve to nil iron rod set, OIC Tnie, PI).intof Beginningj, with II.-/gng c,hord.of 290.24\ chord:bearing ofS60"SO'J2"W .

Radius'"'784.6I' Are=29 1.92'

Said porcel containing 69,409.9 squnre fuet or 1.593 acres; which equates to 6,448A square meters or 1.641 cuerdas.

LEGAL DESCRIPTION EASEMENT 21 ,

Beginning at u survey control point in tha,Word ofDaguolt. said point being a brass disk selin concrel~. Snid' point also known os 'BAKER'olid having a northing of794549.67981lnd an enstingof921077.9933 noled aSlhe Point or Beginning on tha pint labeled"'UNITED STATES GOVERNMBNT PROPERTY FORMER NAVAL STATION ROOSEVELT ROADS EASEMENT21'\ TIience N 13u5r46"W 1966.63' to an iron.rad,set. tho Tille Point of Beginning. having a riortldng of796458.7488 and an casting. of 92060S.6833!'

Thence following n curve 10 a poinlnol set with n long chard of 332.6S', chord bearing ofS2 I D4S'2X'W' Radills~349,39·'

Arc=346.70' TIlence S06°40' 17"E707.30' to II paint-nat set:. TIlence following a curve 10 a pofnj.nQt sel with 1I10llg chard of228.5l\ chord bearing ofSJO'U9'33"W

RIlIJius"'394.6I' Arc=23 J.83'

Thence S26"59'23"W 1182.66' taa point no! sel1 Themi" following a curve lOll point not set with II. long' chord of 62.33', cho'rd bciriring of SII~34'06"E

Radius!"50.00· Arc=67.3!}'

Thenca following a cllrVe to n poinl nolset witli a long chord of239.96't chord bearing ofS25°1l '361'g Rlldiu5~2B4.61' Arc-247.71'·

Thence SOool S'36"B 233'.14' 10 !l point nol set; TIlence following II. curva to a paine' not set with n: long chord of 115.51"-, chord bearinaofS21°41'13"g

Rildius"12S.39' Arc"J20.0S·

Thence. 855"06' 5 Ina 162.71' lo·n point not set~. Thence. tollowing a curve to a point not set wilh n long chord of 156.28~, chord bearing of 323"37' 40"R

Radius"149.61' Arc=I64,43'

Thence S01·"51'31"W 152.93' to a point not sct;. Thence following ncllrveto apoint 1I0tset with II long chord of 86.37', chord benring ofS27"OS' f 8"a

Rndius=-1S.39'· . Arc"'9L91'

Thence S62°02'OT'E305.68' to a poine notset~ Thence following~ curve to n pain' not set willI a long chord of 349.05", chord' bearing of S75·57'24"E·

Radius=72.S.J9' Al'c"352.5P

l1lcnce S89"S2'42"E 180.05' to n point not set; TIlenca SOJQ) S'44"R49.24' to·a point not sol; Thence N8!}052'42"W 181.28' to II point. not set; Thence following 1I,curva to a point not· set with a long chord of372.73', chord benring ofN75"57'24~'W

Rndius"'774.61' Arc-376.42'

TIlence N62°02'07"W 305:68' to a point not set;. TIlence Following 11 curve 10 n point not set with along chord of 142.76,1, chord benringofN27"OS', S"W

Radius."124.61' Arc:=lS2.01'

Thence N07°51'31."e 152.93' to n point-nol set; Thence following a curve to II point not set with II long chord of 104.81',. chord bearing ofN23"37'40"W

RadiuS'" 11 0.J9" Arc'" II 0.34'

Thence NS5°06'Sl"W 162.71' to'apoint not set; Thence following 11 curve to II point nor set WitllR long chord of 160.86', citord,bcllringofN27"4'I' i3"W

Rndius"'174.6J' Arc=167.11'

'menee NOO'"15'36"W233.W to a poiilt net.se~;. Thence fol [owing a. clirva '0 ape;n .. not set with' a Jong chord or 198.46', chord bearing .of N25"1I '36"W

Rlldlus!"23S.39" . ' Arc"'204.87·

Thence following IlCUrvC to n point not set with a long chord of 123.69', chord bearing ofNII"34'06"W Rndlus."'9922·· Arc"" I 33.54.'

TIlence N26°59~23"B 1182.66' to n point nOlset;. TIlenco following 11 curve to a point nol setwith II long chord. of200.0I'. chord bearing ofN IO·09'33"E

Rndius=345~39' Al'c=202.9I'

'nlence N06P40'IT'W 707.30' to n point notsel; Thence following a curve to It point nolset with a long chord of228.97', chord bearing orNI [Y'OI' IOnB

Radius;"398~61 ' Arc"232.24;

Thence following II curve' 10 an iron rod Sflt~ the Tnle Point of l3eginning; with a long chord of 159.60', chord bearing ofN56?OJ '16"E

Rndius=184.61 ' Arc=IS9.8S· .

'1

Said parceicontnilllng 221,548.7 square teel or 5.086 acres;. whicJI equates to.20,582:,~;fqtl.ilTe meters or 5.237 cuerd!l!;. .,", "

~ __ ~' ____ ¥' __ "'~AA_''''''' __ ''''''_'~'' ___ '''~ ____ '~ ____ R _______________________ -:. __ ~ ______ ._:_~-- --- .... --~-~ ...... __ ...... -- ----.... ---~-

LEGAL DESCRIPTION FOR EAsEMENT 22

Beginning at a survey control point in the Wilrd of Gunyacan, said p(lint. being a brnss disk set in concretcr. Said pornt also known 01 'DELvrS' and having a northing of796646.7678 and an easting I)f927749.8902 noted DS tho Point of Beginning on tho,plat labeled "UNITED. STATES GOVERNMENT PROPERTY FORMER NAVAL STATION ROOSEVELT ROADS EASEMENT22". TIlonea SJOOr4'36"E 5702.81' 10 lin iron rod Sft, [fie Trile Point ofBeginning.hnving a nortb'ing of791034.8502 nnd-nn casting of. 928764.0234:

Thence. 837"21' I O"R 56,21.' to' n pointnol set; . Thence foJlhwirig a cul')ia ta n point not set; witl1 n long chot't!: of 93 .• 66J, it chord bearing of 832Q 30' 14"W;

Radius-3.99'iil' . Arc-93.8:]"

TIlence 839"l4'0 '''W 203-,42' to II point.nor sel; 111cnee 53 I "01'OO"W 29B.17'lo II point not set~ Thence N82"23'22"W 53.67' til a point-not set; Thence N31 ·07'OO"E 323.67' to a point not set; TIlcnee N39°14'{}I"E 206.91' to Q point not Sill;

Thence following.a curve to an iron rod set; theTrne Point ofBeginningwirh Q long chord of. 101.31', n chord bewing of"N3G"25'29"B ..

Rlldius.:i; 35(}.39~ Arc=107.74'

Said poreet containing 30;374.0 sqlllU'e feet or 0.691 of an acre, Which equates 1'02,811.8 square. meters or 0.718 ofa euerdn. ,,:~~

LEGAL DESCRIPTION EASEMENT 23

Beginning at II survey control point in tha. Will'd·of Gunyacnn, said point being a bmssdisk set in concrele. Said point also known lIS 'DELVIS' nnd hnving.1l nonh.ing of796646,7678nnd nn casting of 921749.8902 notedl1S the Point of Beginning on the pia' /abeJcd "UNITED STATES GOVERNMENT PROflERTY FORMER NAVAL STATION ROOSEVEL TROADS EASEMENT 23"~ Thence NS()037'43"E 141S.1O' to an iron rodsct, the. True Point of Beginning. having It northing of 797544.4326 nnd an ensting of 928843.8370:

Thence N55°3.5'04'·W 49.22'10.' a point notsel; Thence NJ4°24'S6"E 784.0Q' to a point not se~ '!11cnce following 11 curve to an iron rod setwitlllllon~ chord of 14.71', chord bearing ()f NI0"3S'S4"W

Rudius-IO.39 i

Arc=16.34· Thence N5so42'4l"W 262;55' to lUi iron rod seli. Thence N34G26'3S"E 119.22' to n point not sel; . Thence SS5°42'43"E 262.42' to. a point not set; Thence following II curve to II point not set with a long chord. of 84.40', chordbellring or 310°38'54"6. ';\

RndiiJ&-59:61' Arc=93.77'

Thence S34Q24'56"W 784.00' to an iron rod set, theTrne Point of Beginning;

SlIid parcel contnlning 54,217.7 square feet or L245 acres, which equates [0 5,037.0 square meters or 1.282 cuerdns.

! ...

LEGAL DESCRIPTION FOR EASEMENT 24'

Beginning at n survey contiol poillt in the Ward of OiJilym:lin; said point being n bmss disk sct in concrete:. Said point nlsa kllowlIlIS'DELVIS' and having ij northing of 796646,7678 and nn ensting of927749.8902 noted as the Point ofBeginlling on Ihe plot labaled "UNITED STATES GOVERNMENT PROPERTY FORMER NAVAL STATION llOOSEVELTROADS BASEMENT 241'. Thence S25"06'47"E 5671.51' to an iron rod set"(he True Puintor Beginning, having ILnorthlng of79IS1'.:379211nd an costing of 930IS6.9lJ9::

ThenccS 18"JO'J6"W 166.08" to a pOint not set} Tlfence N71"29'24"W 87.49'(0 II point not sct; Thence following 11 curve ti> II poiilt not ~el; wilh a long chord' of 395.0 1", it chord bearing: of N49!13g~t4"W.

RlldJulI- 530'.61' Arc""404.7!P

Thence S64"Sl'21"W 372.81' (0 It point ,not set;; Thence following II curve to II, point not set; with a long chord of J 32..1 S', it chord, bcaririg of N7Do06'25"W,

Rlidills-724.61' Arc= I' 32.:16'

Thence S75"20'24"WJOI.41' to II point notser; TJlcnce tbllowing n curve 10 a,pointnat set; willi n loilgc!lord of 167.79", l1chord benring .af S88° 1'6' 52"W;

Radius .. 314.61' Arc" I 69,22' ,,\

Thence N78"46'40"W 162.48' (0 a point not set; :j \. TIlence toilowingll curve to npoint not sel; willt u Jongchord of 157.98', a,cl\ord bearing of S37" I S' 43"1;

RadiuS"" 374.39' Arc=159.IIl"

Thcnce"S49"29'31"E 57.39' to a point not set; Thence following a.curve 10 II paint not sci; with n long chord of 155.14', a,chord bearing of S.I 8015'4 ,tt!!;

Rlldius.= 149.61" Arc'" I 63;1 0·'

Thence following a curve to II point. not set; wltl! l! long chord of 39012', a chord uenring,of SJ9"22'19"W,

Radius'" 399.61' Arc"'S9.3P'

Thence N31"21'10"W 56.21' 10 a point not set; Thence fol/owing a curve toa poillt not set{ witlta long chord of52.83', a chord bearing of N 17°17']3"!!, .

R'fidiusc. 350.39' Arc=52.SS'

Thence following. a curve to n point not set; with n:long chord of !04.U)!, 'n chord bearing of N18°IS'41"W, '

Rndius~ 100,39" Arc=!09.44'

Thence N49"29'3 J"W 57.39' La II point not set~ Thence. following n curve to. n point, not scl; with n long chord of 193. is', a chord bearing of N36Q 1S'43"W,

Rudius· '423.61' Arc= 194.89'

111encc N2Jo07'S4''W 41.33' 10 a poinl not set; 111ence N ""'3'20"6 32.22' /0 n point not set: Thence S78a46'40"E 234.00' 10 a point not ,set;

" , ,

Tbence following 0 curVe to n point not scI; with II JOllg chord of 145.74', a chord beming qf N88°16'52"E, .

RadiuF 32S.3!V Arc=146.9g,~,

Thence N75."20'24~·E 301.47' toa point not !leli TIlence following Q curve to It point not set; with a long chord of 123.20.',0. chord beating of N70006'2S''S,

. Radius- 675.3.9' Arc" I 23.37'

Thence N64?S2'27"E 422.09' to a point nof. set;. Thence following.a cnrve to a point not scI. with' a.long chord of40LS I:'; a chord hearing oli 546'!5l}'3.4"ej

RudiuF 481.39' Arc=4f4. 16'

Tl1encc 571 "29'24"E. 38.27' (0 n point not set; Thence NISD30'J6."E t 16.78' to n point not set; Thence 871"29'24."E41.IS· to II point.nol set; Thence following.n' curve to an. iron rod' set, the Tmc Point of Beginning with a long- chord of 8.07', a cfiord bearing ofSno04'OS"E,

Radius'" 399.61' Arc=lt01'

Suid porcel containing I 12,:145.5 square feet or.2.579 acrcs-,. which equates to 10,437.3squnra meters or 2.656 ctlerdll!.

LEGAL DESCRIPTION EASEMENT 25:

Beginning nt n survey control pOlntjn the Ward ofQuebtndu Seca, said point being a brass disk sel in concrele; Said point nlso known as 'DELICIAS' lllJd liaving a northing of791}14J.8531 and an easting of 92750.4.4901 noted as the Point of Beginning on the plnllubeled "UNITED STATES GOVERNMENT PR.OPERTY FORMER NAVAL STATION ROOSEVELT ROADS EASEMENT 25". Thence S5:S°46'40"W J 154,24' 10 an iron rod snt,the True Point of Beginning,. having a.northing of7?8670,2992-and an cDsling' of926451. 86981

Thence following !1 curve 10 II point not set-with a long chord 0(58.23', chordbclir.ingof S32°42'OO"E

Radius=370.48' Arc=58.29'

Thence foHowing n curve to n poinl nol set witb II long chord of422.66', chord bearing of S69"24'05"W .

Radius=320.39' Arc=46 1.54'

'nu:nce N71GY5t 39"W 15.42' to nrt iron rod SC~; Thence N21"18'SJ:"W 43.57' 10 II point nol.se\; Thence following n curve to II po.int not SCI Wilh. a long chord of 418.41-', chOl·d· bearing of N66D36'J4"B

Radiusa369.6 I t Arc!=444.76'

Tbence S:nuI2'25"E.17.52' to an iron rodsDllhe ll'iia Point of Beginning.

Said parcol containing 22.S96~3 squnre, feet or 0.5 19 of 1m IIcre, which equales 10:'.2,099,3 square meters or 0.534 ofilcuerda', .',; '.

LEGAL DESC.RIPTION FOR :gASIilMENT 26

Beginning nt n survey control point in the Ward of DngUROj_ said point being- a brass disk. set in concrete. Said point known liS "COLINA" and hav.ing i1 nortlling of797035.8324 and nn easting of916304.6005 noted as the Point of Beginning on the plat Inbeled "UN1TEO STATES GOVERNMENT PROPERTY FORMER NA VAL STATrON R008EVEL TROADS EASEMENT 26~. Thence N67"Sl '33"E 4952.lW to P01NT f{2(J-JA, nn Iron ro(het.-Ihe True, Poine of-Hegiiming.lil1vm,,-1l northing of, 798903A09S and an ellSting of920892.0277:

Thence N07°S6'34"E 730.47' to i1 point not set; Thence 883°59'00"£26.33' to u point not set; Thence S06001'OO"W 450.00' fO n poil'ltnot set; Them:e N83"S9'OO"W 1 S.OO! to a_ point not set; Thence 806"OI'OO"W 341.39' to n point not sel; TIlcnce N85"23'18"W 41.58' Ii) a point notset; TIumce N 11°14'04".8 62.61' 10 a POlNT II- 26-lA, an irQn rod set the Tnle Pointafbeginning.

Said parcel containing 26,373~ I square feetor 0.605 orao acre; which equotes fQ 2450.2 squaro meters or 0.623 of a. cuerdil'.

1 .;

_. _____ _ ___ ~ _ _ _ _ ___ ~ ______ .~--_:----:.-.:-- :__:_------._:_'"':--~-._:-__:7""-:_:-------_. __ _::::_ -. ---.--- ------ ---' - . ---, -----;-

LEGAL DESCRIPTION EASEMENT 27

Bcgiriniitg nt il sllrvcycontrol point in liter Ward' of GuaYi)CilRJ said point baing n brass disk set In concrete. Said point alsO' known 8S 'DELICIAS' lind huvlng II northing 0(799143.8537 nnd on casting of 927504.4901 noted AS the Point of 13cginning on the pint IlIbcled"UNITED STATES .GOVERNMENT PROPERTY FORMER Jl{AVAL. STATION ROOSEVELT ROADS EASEME~T 27,i. Thence N67"33'2!l"E 392$.9.1' to on iron rod sct, Ule True Point of Beginning, Jlllving a northfng of 800642.5529 and an eostlng' of93 I I 33.0789:,

, Thence N74°40'21:"W II f .12"10 a point no' set;, Thence following 11 curve to B point not sctwitlt a long chord:of 408.31', chord benring or N6S"04'2S"W

RadiuF 1224.61' Arc"'41 (};2S'

Thence N55D28'36"W 108.63" to a point not set;,. Thencc following [I. curve to n point notsilt with a long chord 01'239,53', cbordbenring of N32OJ3'46''W .

Rndlus=307.61.' Arc;:0246.04:'

Thence N09°38'56"W 228.13' to a point not set; TMnce N04D39'2l"W 217.7~ to a point not seli TIlcncc following Il curve to a point notsctwith a long chorcl'of226.29', chord bearing of NI8°40'54"E

Rudius .. m.61, Arc=232.67'

TIlcnce N42°0 1'1 f"E 1 05.61' to n point not set;

. .~

'nlence. following a curve to II point not set wilh a long chord of 161 .10'. cliord benrlng or NI8°S5'46"E

RadiiJli=20S.39' Arc-I 65.55,'

TIlcnee N04°09'4Q"W 140.27' to a point not set; The-nee following 11 curvcto .n point not set wllh.a long c!lonr of 166.96', chord benTlng of N 14°16'29"W

Radlus-475.39' Arc-167.8l~

Thence following II curve 10 n point not set wilh-a long chord. of 49.52'; chOrd liearing of N04°54'OS"W'

Radius"74.22 • An;;=50AS'

Thence N 14°3S'03"E 89.02' [0 II poille not sel; Thence following n curvC.10 a point nol set with a 10llg \lhord of 61 .93.'. chord bearing of N67D.13'22"E:

Rudius"'263.00~ Are=62.07'

TIlence S 14°35'03"W 126.60' to n point not set; TIlcncc following n curve 10 II point nol sel with ll l.ong chord of 16.68.', clwrd beuring of S04Q54'08"E

Rndius~2S .<io' Arc" 17.00'

'nlcnco following n curve to a point not'set with a long chord of 184.25,', cbord'bcaring of' S I 'I~ 16'29."g

Radfus--S24.6. ' Arc"18S.2I"

Thence S04°09.'40!'E 1.40.21; 10 Q point lJot SCI;

111ence following a curve to n paintnol setwilbalong chord of 199.7}', chord bearing of . SIS055'46"W

Rndius=254.61'· Arc=205.21'

TIlence 84:2°01'1 j"w IOS.6I' ta Ii point not $c*; TIience, following n. curve to a point nOi set wiU\· n long chord of 187:29', chord bearing of Sl&u40' 54"W

Radius=2l6.39! Arc=-i92;5S'

Thence 804°39.'23"8 2is.54' ton point ncillel: Thence S09Q 3S'S6"E22S.9s' ~q a point notsc!; Thence following aCl1rve to a point not sot with a long chord ot'201;21', chord benring of S32u33'46"E

RadiuS"'258.39' Arc=206.67'

Thence S.$5°:!S'36"S 108.6:3' to !l point no! set; Thence tbllowing ~ curve to n point not set with n long chord ofJ91.95" chor~ beDring of S65°04'2&"'8 .

Rndius.=1115.39'Arc-393.79'

Thence 874°40'21"S 116.04' 1011 pointnotset; Ulenee St9°S.9'21"W 12.83' to n point not seti Thence following.!l curve 10 nn iron rod. sel, the. True Point of Beginning with lllong.,dlord of 36.64', chord bearing of S21"23'45"W ,1

Radius"146.21' Arc=36 .. 64'

Said parcel containing. UO,992.1 square feet or 2.54& ncres, which equates to 10;311.5 squore meters or 2'.624 cuerd(JS;

LEGAL DESCRIPTION EASEMENT 28"

l3eginning nlll surveycollirol point in the Wlird of Ouayncan. said point being a brass disk set" in concreto, Said point also known !II 'DOG,' and Iillving' II northing of 805443.11964' nnd an easling of.933 1 1 0.4735 noted ns the P9int of BeglnninQ.:on Ihe plat Illbeled "UNITED STATES GOVERNMENT PROPERTY FORMER. NA VAL STATION ROOSEVELT ROADS EASEMENT 28". 11U:i1CC S80"32'06"W 1455.73' to 811 iron rod SCI, the True Pofnt 'of Begjnning, hllving II mll1hing, of B05204.5081nnd nn tlRsling of 931674.5621)1'

'Thence S02~46'27"E 399;73' to lin iron,fod sel;Thence S23D3S'Q4"W247.75' to nn iron rod sett Thence: S 19"Ol'22"W' 388.54' 10 a,MAG naif. set} ll1cnc('} S29?57'1 O"W 290.23" to nn iran rod SCI; Thenell S32~49'S3"W 712.89' to nn iron rod SCI; Thence S32°37'3'''W 558.73' to II point not SCI;

Thence following a curve [0 a point Ilot set'with II long chord of 107.57', chord benring of N63°04'!!WW .

Rndius!"263.00' Aro= 108.33'

111ence N3:?.a37'lI "rr J 500.73' to a point not set; 'nlenc" N2l.°3I'21"E 641 . .58" to Q,point not set; Thence N02"46'27"W 36&.63' to an iron rodsetj, Thence N71 ·08 f07"E 114.48' to nn iron rod set, IIle True Point of Beginning., .

"

.;7.~

Said pUI'cel contnining 268,63 1.5 square feet or 6.170 acres, which equate! to 24:956.& ~quilre' meters or 6.350 cuerdas.

, , )0

4824-2307-2531.1

Exhibit "D"

FINDING OF SUITABILITY TO TRANSFER FOR PARCEL 18 (SOUTH DELICIAS HILL)

FINDING OF SUITABILITY TO TRANSFER

PARCEL 18 (SOUTH DELICIAS HILL)

NAVAL ACTIVITY PUERTO RICO CEIBA, PUERTO RICO

Prepared by:

Department of the Navy Base Realignment and Closure

Program Management Office Southeast 4130 Faber Place Drive, Suite 202

North Charleston, South Carolina 29405

August 2010

SECTION

FINDING OF SUITABILITY TO TRANSFER PARCEL 18 (SOUTH DELICIAS HILL)

NAVAL ACTIVITY PUERTO RICO

TABLE OF CONTENTS

1.0 PURPOSE ........................................................................................................................................ 1

2.0 DESCRIPTION OF PROPERTY ...................................................................................................... 1

3.0 PAST USE AND PROPOSED REUSE ........................................................................................... 1

4.0 ENVIRONMENTAL FINDINGS ....................................................................................................... 2 A. Hazardous Substance Contamination ................................................................................ 2 B. Petroleum Contamination ................................................................................................... 3 C. Condition of Property Classification .................................................................................... 3 D. Other Environmental Aspects ............................................................................................. 4

5.0 REQUIREMENTS APPLICABLE TO PROPERTY TRANSFER .................................................... 7 A. NEPA Compliance .............................................................................................................. 7 B. Hazardous Substance Notice ............................................................................................. 7 C. CERCLA Covenant ............................................................................................................. 7 D. CERCLA Access Clause ..................................................................................................... 7 E. Land and Groundwater Restrictions ................................................................................... 8 F. Environmental Compliance Agreements / Permits / Orders ............................................... 8 G. Notification to Regulatory Agencies I Public ....................................................................... 8

6.0 SUITABILITY DETERMINATION .................................................................................................... 9

EXHIBITS

A References B Vicinity Map C Parcel Map D Survey Map E Tables F CERFA Concurrence G Asbestos-Containing Materials Hazard Disclosure and Acknowledgment Form H Lead-Based Paint Hazard Disclosure and Acknowledgment Form I Responses to Comments

051014/P August 2010



1.0 PURPOSE

This Finding of Suitability to Transfer (FOST) summarizes how the requirements and notifications

for hazardous substances, petroleum products and other regulated material on the property have

been satisfied, and documents my determination, as the responsible Department of Defense

(000) component official, that certain real property and associated improvements known as the

South Delicias Hill Parcel or Parcel 18 (Subject Property) at Naval Activity Puerto Rico (NAPR),

Ceiba, Puerto Rico are environmentally suitable for deed transfer. This decision is based

primarily on my review of information contained in two of the documents listed in Exhibit A

(References) - CERFA Identification of Uncontaminated Property. Former Naval Station

Roosevelt Roads. Puerto Rico (the CERFA Report; Navy, 2006a) and Phase 1111 Environmental

Condition of Property Report. Former Naval Station Roosevelt Roads. Ceiba. Puerto Rico (the

ECP Report; Navy, 2005). Factors leading to this decision and other pertinent information related

to property transfer requirements are stated below.

2.0 DESCRIPTION OF PROPERTY

NAPR was formerly known as Naval Station Roosevelt Roads (NSRR) until it ceased operation

as an active Naval Station on March 31, 2004, at which point it was designated Naval Activity

Puerto Rico. NAPR is located on the east coast of Puerto Rico adjacent to the municipality of

Ceiba.

The Subject Property is comprised of 30.433 acres located in the southwest section of the

installation, and includes 13 numbered buildings and structures primarily associated with the

former Atlantic Fleet Weapons Range and former Atlantic Fleet Weapons Training Facility.

Exhibit B is a vicinity map showing the location of the Subject Property and Exhibit C is a parcel

map from the Draft Report. Parcel Map for the Disposal of Naval Activity Puerto Rico (GMI,

2005). A survey map of Parcel 18 is provided as Exhibit D.

Table 1 (Exhibit E) lists the facility number, former user, name or description, area and year of

construction of each of the numbered buildings, structures, and facilities on the Subject Property.

3.0 PAST USE AND PROPOSED REUSE

051014/P

The former NSRR has been used as a military installation since its acquisition and development

by the Navy in the 1940s. The ECP Report states that most of the arable land on the installation

was previously used for sugar cane cultivation and cattle grazing. No significant industrial

August 2010



facilities or environmental concerns were identified with respect to activities conducted on the

former NSRR prior to Navy ownership. The buildings on the Subject Property were constructed

between 1957 and 1989 and were used for administrative purposes.

The Navy established NAPR to serve as the caretaker of the real property associated with NSRR

and to assist in the transfer of the property. Since the establishment of NAPR, all industrial and

commercial operations on the Subject Property with a significant potential for environmental

contamination have ceased.

A Federal-to-Federal transfer to the Department of Homeland Security (DHS) was originally

planned for Parcel 18. DHS has since indicated it no longer intends to accept the property.

Therefore, the Subject Property will become part of Sale Parcel I - Bundy which will be sold via

public auction to the highest qualified bidder. The Naval Station Roosevelt Roads Reuse Plan

(CBRE et ai, 2004) developed by the Puerto Rico Department of Economic Development and

Commerce [acting as the Local Redevelopment Authority (LRA)] anticipates the following types of

land uses for Sale Parcel I: Moderate Lodging, Residential, Learning and Training Center, Public

Golf Course, Mixed Use (commercial), University Campus and Public School. An April 2010

addendum to the Reuse Plan (CCS, 2010) included similar proposed uses for the Sale Parcel I

area.

4.0 ENVIRONMENTAL FINDINGS

051014/P

All available information concerning the past storage, release, or disposal of hazardous

substances and/or petroleum products on NAPR, as collected through record searches, aerial

photographs, personnel interviews, and on-site visual inspections, is contained in the ECP

Report. The following summarizes the findings as they relate to the Subject Property and the

corresponding Condition of Property Classification assigned to the real property to be transferred.

A. Hazardous Substance Contamination

There is nothing in the records that indicates any hazardous substance has been released or

disposed of on the Subject Property. The ECP Report lists a former satellite accumulation area

for hazardous and non-regulated wastes associated with Building 1817 (Communications

Operations Building) that was no longer in use at the time of the ECP inspection. Solid Waste

Management Unit (SWMU) 47 consists of undefined "satellite disposal areas" across the entire

installation. A No Further Action determination was made for SWMU 47 in the 1994 Resource

2 August 2010

051014/P



Conservation and Recovery Act (RCRA) Part B Permit for NSRR, thus a RCRA Facility

Investigation (RFI) was not required (Navy, 2005). Also, the U.S. Environmental Protection

Agency (EPA) Administrative Order on Consent (EPA, 2007) that replaced the permit and sets

out the Navy's corrective action obligations under RCRA designated SWMU 47 as Corrective

Action Completed without Controls and required no further action.

B. Petroleum Contamination

According to the ECP Report, there was one underground storage tank (UST) on the Subject

Property at the time of the ECP inspection in March 2005. As shown on Table 2 in Exhibit E, it

was installed in 1997 and contained diesel fuel. The ECP Report listed two known former USTs

on the Subject Property that were removed in 1996 and 1997. Table 2 lists the known past and

present USTs on the Subject Property along with their location, capacity, material stored and the

year removed (or year installed if still present). The ECP Report and field verification

documented three operational aboveground storage tanks (ASTs) and no oil/water separators on

the Subject Property. These ASTs are also listed in Table 2.

According to the ECP Report, any contaminated soils identified during past replacement of tanks

were excavated and disposed of off NSRR property, and the replaced tanks were closed in

accordance with Title 40 Code of Federal Regulations Part 280. The records do not indicate

there have been any spills or releases associated with the USTs and ASTs on the Subject

Property.

C. Condition of Property Classification

The ECP Report divided all property at NAPR into parcels, and classified them into one of the

three following categories:

• Category 1 - Areas where no known or documented releases, or disposal of hazardous substances or petroleum products or their derivatives has occurred, including no migration of these substances from adjacent areas.

• Category 2 - Areas where the release, disposal, or migration, or some combination thereof, of hazardous substances, or petroleum products or their derivatives has occurred, but at concentrations that do not require a removal or remedial action, or all remedial actions necessary to protect human health and the environment have been taken.

• Category 3 - Areas where a confirmed or suspected release, disposal, or migration, or some combination thereof, of hazardous substances, or petroleum products or their

3 August 2010

051014/P



derivatives has occurred, but required investigation and/or response actions have not yet been initiated 'or are ongoing.

These categories are derived from the Comprehensive Environmental Response, Compensation,

and Liability Act (CERCLA), Community Environmental Response Facilitation Act (CERFA) and

the American Society for Testing and Materials (ASTM) Standard Practice for Conducting

Environmental Baseline Surveys (ASTM Standard D 6008-96), which further incorporates ASTM

D 5746-98 (2002) Standard Classification of Environmental Condition of Property Area Types for

Defense Base Closure and Realignment Facilities.

CERFA stipulates that the federal government must identify "uncontaminated property" scheduled

for transfer, and defines this as " ... real property on which no hazardous substances and no

petroleum products or their derivatives were known to have been released, or disposed of'

[(Section 9620(h)(4)(A)]. In accordance with the property condition classification guidelines

discussed above, the Subject Property is suitable for deed transfer and is classified as

Category 1 (uncontaminated). Following its review of the CERFA Report, the Puerto Rico

Environmental Quality Board (EQB) concurred with this classification and provided a concurrence

statement (Exhibit F) in the Final CERFA Report on 11 August 2006.

D. Other Environmental Aspects

1. Munitions and Explosives of Concern

According to the ECP Report, there are no heavy (crew-served) weapon ranges,

unexploded ordnance/impact areas, explosive ordnance disposal areas or open

burning/open detonation activities on the Subject Property.

2. Asbestos-Containing Materials

According to the June 2005 Final Asbestos Inspection Report for Naval Activitv Puerto

Rico Ceiba Puerto Rico (Baker, 2005), asbestos-containing material (ACM) was

identified in 7 of 11 facilities inspected on the Subject Property, as summarized in Table 3

of Exhibit E. Friable, accessible, and damaged (FAD) ACM was not identified at any of

the facilities. Additional samples were collected at Building 663 (G.E.!Contractor Admin)

on August 11, 2010 when extensive roof damage was discovered. The roofing material

was determined to be damaged and accessible ACM, but not friable (Baker, 2010).

Detailed information about the materials identified and sampled during the asbestos

4 August 2010

051014/P



inspections, including summary tables, location drawings, photographs and laboratory

reports, is included in the reports.

The possibility remains for the presence of undiscovered ACM associated with

underground utilities and miscellaneous building materials at NAPR. While this potential

ACM does not pose a hazard to site users, future demolition and/or subsurface work

performed by the transferee could result in FAD ACM hazards. Thus, the transferee

must comply with all applicable Commonwealth and Federal laws relating to ACM

management in order to ensure future protection of human health and the environment

during any future renovation/demolition activities or underground utility work. An ACM

Hazard Disclosure and Acknowledgment Form (Exhibit G) will be provided to the

transferee for execution at the time of transfer.

3. Lead-Based Paint

A lead-based paint (LBP) survey and risk assessment was completed at NAPR in 2005

and updated in 2009 for military family housing only, thus none of the facilities on the

Subject Property were included in the survey.

Table 1 (Exhibit E) indicates approximately seven of the buildings, structures and

facilities on the Subject Property were constructed in or before 1978, the year in which

LBP was banned for consumer use. These facilities and any others built before 1978 are

presumed to contain LBP. A Lead-Based Paint Hazard Disclosure and Acknowledgment

Form, Exhibit H to this FOST, will be provided to the transferee as an attachment to the

deed and executed at the time of transfer.

4. Polychlorinated Biphenyls

Only one polychlorinated biphenyl (PCB) transformer (> 500 parts per million) remains at

NAPR. The transformer, located in the basement of Building 386, is on the Subject

Property. The NAPR Base Operating Support contractor visually inspects the

transformer weekly for leaks and completes a monthly checklist. The transformer is

currently (August 2010) in a normal condition. The new owner will be responsible for

operating and maintaining the transformer, for the eventual disposal of PCBs at the end

of the transformer's useful life, and for complying with all applicable federal and state

PCB regulations.

5 August 2010

o51014/P



Due to the age of the majority of facilities and the size of the station, it is possible that

PCB-contaminated (5 to 500 parts per million) fluorescent light ballasts and other minor

PCB sources may be present on NAPR. There are no other records of PCBs having

been stored, released or disposed of on the Subject Property.

5. Radon

According to the u.S. Geological Survey (USGS) Open-File Report 93-292-K, Preliminarv

Geologic Radon Potential Assessment of Puerto Rico (1993), the Commonwealth of

Puerto Rico exhibits generally low indoor radon levels, and a survey of radon

concentrations of offices, housing units, schools and other buildings was conducted by

the 000 between 1989 and 1992 on federal military reservations in Puerto Rico,

including the former NSRR. Indoor radon levels ranged from 0.0 to 1.9 picoCuries/Liter

(pCilL), well below the current EPA residential indoor radon screening action level of 4

pCi/L. The majority of the reservations, including NAPR, are situated on coastal plains,

so the low indoor radon levels were not unexpected.

6. Threatened and Endangered Species

As shown on the individual parcel map in Exhibit C, breeding habitat for the endangered

yellow-shouldered blackbird has been identified on the Subject Property. The

Commonwealth of Puerto Rico has indicated that it intends to zone the property in a

manner that will implement the planning, development, maintenance, mitigation and use

requirements described on the parcel map.

In accordance with the Endangered Species Act, the Navy developed a Biological

Assessment (BA) for the former NSRR in 2006 to assess the potential impact on any

federally protected species from the disposal of NSRR. Given the protection measures

addressed in detail in the Biological Assessment for the Disposal of Naval Station

Roosevelt Roads/Naval Activity Puerto Rico Final Report (Navy, 2006b), the Navy has

determined that the disposal of the former NSRR and transfer of the property to future

owners is not likely to adversely affect federally-listed species and would not result in

adverse modification of designated critical habitat within the project area. The U.S. Fish

and Wildlife Service concurred with this determination in a letter dated April 7, 2006.

6 August 2010



5.0 REQUIREMENTS APPLICABLE TO PROPERTY TRANSFER

051014/P

A. NEPA Compliance

In accordance with National Environmental Policy Act (NEPA) requirements, an Environmental

Assessment and Finding of No Significant Impact (FONSI) have been prepared and executed in

connection with the planned disposal and reuse of NAPR. The FONSI was signed on April 10,

2007.

B. Hazardous Substance Notice

In accordance with Section 120(h)(3)(A)(i) of CERCLA, all deeds transferring federal property

must provide notice as to those hazardous substances which it is known, based on a complete

search of agency files, were stored for one year or more, released or disposed on the Subject

Property in excess of those reportable quantities specified under Title 40 CFR Part 373, and all

response actions taken to date to address any such releases or disposals. No hazardous

substances are known to have been stored or released on the Subject Property in excess of their

respective reportable quantities, thus, no deed notice is required in this instance.

C. CERCLA Covenant

In accordance with CERCLA Section 120(h)(4)(D)(i), the deed transferring the Subject Property

shall contain a covenant warranting that any response action or corrective action found to be

necessary after the date of transfer shall be conducted by the United States.

D. CERCLA Access Clause

In accordance with CERCLA Section 120(h)(4)(D)(ii), the deed transferring the Subject Property

shall contain a clause granting to the United States, its officers, agents, employees, contractors,

and subcontractors the right to enter upon the transferred property in any case that remedial or

corrective action is found to be necessary after the date of transfer. The right to enter to be set

forth shall include the right to conduct annual physical inspections, tests, investigations, long term

monitoring, 5-year reviews, and surveys, including, where necessary, drilling, test pitting, boring,

and other similar activities. Such right shall also include the right to construct, operate, maintain,

or undertake any other response or remedial action as required or necessary, including, but not

limited to, monitoring wells, pumping wells, and treatment facilities. The United States retains the

authority to enter to conduct investigations on adjacent parcels as well as the parcel subject to

7 Augusl2010

051014/P



the transfer. These access rights are in addition to those granted to Federal, state, and local

authorities under applicable environmental laws and regulations.

E. Land and Groundwater Restrictions

The Navy will transfer all of the Subject Property without restrictions.

F. Environmental Compliance Agreements I Permits I Orders

On January 29,2007, the U.S. Department of the Navy and EPA voluntarily entered into a RCRA

Section 7003 Administrative Order on Consent (Consent Order; EPA, 2007). The Consent Order

set out the Navy's RCRA corrective action obligations and replaced the 1994 RCRA permit as the

document memorializing these obligations concerning NAPR. The former satellite accumulation

area for hazardous and non-regulated wastes associated with Building 1817 is included in SWMU

47 (miscellaneous satellite "disposal" areas). A No Further Action determination was made for

SWMU 47 and no RFI was required under the 1994 permit. Furthermore, SWMU 47 was

designated as Corrective Action Completed without Controls under the Consent Order. However,

certain RCRA obligations defined in the Consent Order apply to the Subject Property including

notification and additional work requirements for newly discovered releases, other notification

requirements, and record retention requirements.

G. Notification to Regulatory Agencies I Public

In accordance with 000 guidance, EPA Region 2 and the Puerto Rico EQB have been advised of

the proposed transfer of the Subject Property, and copies of the ECP Report, CERFA Report, and

Draft FOST were provided to those agencies for review and comment. Navy responses to EPA

and EQB review comments on the draft version of this FOST are provided in Exhibit I. The ECP

Report was made available for public review upon finalization. Copies of all transfer

documentation will be made available to EPA and EQB representatives upon request after

execution of the same.

8 August 2010

FINDING OF SUITABILITY TO TRANSFER PARCEL 18 (SOUTH DELICIAS Hill)


6.0 SUITABILITY DETERMINATION

051014{P

NOW THEREFORE, based on my review of the information contained in this FOST and in the

ECP and CERFA Reports, I have determined that the Subject Property is presently suitable for

deed transfer for unrestricted use.

7 S f PT e'M (3 t )'l dOlo Date

9

JAMES E. ANDERSON Dtfector BRAC Program Management Office Southeast North Charleston, South Carolina

August 2010

Exhibit A

References



REFERENCES

Baker (Michael Baker Corporation), 2005. "Final Asbestos Inspection Report for Naval Activity Puerto Rico,

Ceiba, Puerto Rico". Moon Township, Pennsylvania.

Baker, 2010. "Asbestos Inspection Report, Building 663, Naval Activity Puerto Rico, Ceiba, Puerto Rico".

Moon Township, Pennsylvania.

CBRE et al (CB Richard Ellis Consulting, Cooper Robertson & Partners, Moffatt & Nichol, Puerto Rico

Management & Economic Consultants, Inc.), 2004. "Naval Station Roosevelt Roads Reuse Plan".

CCS (Chicago Consultants Studio, Inc.), 2010. "Roosevelt Roads Redevelopment, Addendum to the

2004 Reuse Plan."

EPA (U.S. Environmental Protection Agency), 2007. "RCRA § 7003 Administrative Order on Consent, In

the Matter of United States, The Department of the Navy, Naval Activity Puerto Rico, formerly Naval Station

Roosevelt Roads, Puerto Rico". EPA Docket No. RCRA-02-2007-7301.

GMI (Geo-Marine, Inc.), 2005. "Draft Report, Parcel Map for the Disposal of Naval Activity Puerto Rico".

Hampton, Virginia.

Navy (Naval Facilities Engineering Command Atlantic), 2005. "Phase 1111 Environmental Condition of

Property Report, Former U.S. Naval Station Roosevelt Roads, Ceiba, Puerto Rico". Norfolk, Virginia.

Navy (Department of the Navy, Base Realignment and Closure Program Management Office Southeast),

2006a. "CERFA Identification of Uncontaminated Property, Former Naval Station Roosevelt Roads, Puerto

Rico". North Charleston, South Carolina.

Navy (Naval Facilities Engineering Command Atlantic), 2006b. "Biological Assessment for the Disposal of

Naval Station Roosevelt Roads/Naval Activity Puerto Rico Final Report". Norfolk, Virginia.

USGS (U.S. Geological Survey), 1993. Open File Report 93-292-K, "Preliminary Geologic Radon Potential

Assessment of Puerto Rico".

Exhibit B

Vicinity Map

P:\GIS\NA_PUERTORICO\MAPOOCS\APR\EARl V_TRANSfER_PROPERTY .APR\ PARCEL 18 VINCINITY LAYOUT 11116109 SS

PARCEL 18

(SOUTH DELICIAS HILL)


CEIBA, PUERTO RICO

APPROVED BY

APPROVED BY

ORAW1NGNO.

DATE

DATE

N

REV

o

Exhibit C

Parcel Map

Parcel Map for the Disposal of Naval Activity Puerto Rico

THREATENED AND ENDANGERED SPECIES CONSERVATION MEASURES-PARCEL 18

Common Name-Federal Conveyance-Fed Neighboring Parcel{s)-5, 25

GENERAL REQUIREMENTS

Yellow-shouldered Blackbird

• All applicable federal laws (e.g., Endangered Species Act, National Environmental Policy Act, and Clean Water Act) remain in effect.

• Consult with the U.S. Fish and Wildlife Service regarding any development plans.

• Pesticide and herbicide applications must follow Commonwealth of Puerto Rico regulations.

Activity Conservation Measures

Development Planning Save as many existing on site palms and trees as possible in new development plans.

New Construction/Clearing If undeveloped yellow-shouldered blackbird habitat is proposed for clearing consult with USFWS a minimum of one year prior to planned project initiation.

Demolition/Remodeling Schedule activity from September 1 through March 14 or conduct outdoor survey of building(s) (ledges, etc.) and nearby trees (within 50 m of the building) for yellow-shouldered blackbird nests prior to start date if the development activity is scheduled to occur between March 15 and August 30. Consult with USFWS if a yellow-shouldered blackbird nest is found.

Grounds Maintenance No trimming or cutting of palms and trees between March 15 and August 30 except in an emergency (Le., downed trees and palms from storms).

Building Maintenance Check for yellow-shouldered blackbird nests prior to any outdoor building maintenance activities between March 15 and August 30. Determine identity of any bird nest found. Notify and consult with USFWS if a yellow-shouldered blackbird nest is found.

General Operations Before moving parked outdoor equipment (e.g., carts, vehicles) check for yellow-shouldered blackbird nests (March 15-August 30). Notify USFWS if a yellow-shouldered blackbird nest is located.

NOTICE:

Consult with the U.S. Fish and Wildlife Service if you have any questions on the conservation measures. Property owners that cannot adhere to the conservation measures must consult with the U.S. Fish and Wildlife Service to seek a Section 10.0 permit for authorization to modify the identified critical habitat. Failure to comply with the identified conservation measures violates Section 9.0 and/or Section 10.0 of the Endangered Species Act. The U.S. Fish and Wildlife Service has the authority to prosecute violations under the Endangered Species Act.

Parcel Index 18-1


Parcel Index 18 Common Name: Federal Conveyanr:e:Fed Neighboring Parcel(s): 5, 25

Parcel Index 18-2

Legend o Parcel c::J,Neighbortog PtJ!C~1 BOU(ld:u1~$

Yellow-shouldered Blackbird • Nestlnglforoging PollmS

Z'Z el~eQ'jl1g H .. bit3t

August 18, 2005

1 inch equals 248 Feel

o 200 400 .......... ========~Feel

Threatened and Endangered

Parcel Index 18 Common Name: Federal Conveyance: Fed Neighboring ParceJ(s): 5, 25

Installation Restoration

Legend c::] Parcel o Neighboring Parcel90undatl"" Cleanup Status

, ,' Complete with land Use Controls DComplele E::l Cleanup Remaining


August 18, 2005

1 Inch equals 248 Feet

N W+E S _____ 20i:::0====:::i40~eet

Parcel Index I8-3

Exhibit 0

Survey Map

D

c

B

A

2 SURVEY NOTES:

1. aOUm)ARY SURVEY FR(PAAED BY TRAtISYSTOAS CORPOAATlON FROU nno OA1A COllECT[O III APmL 2007. FlELO PROCEDURES. CAlCl1\.ATlONS mo fiNAL PLAT KAVE BEEN REVIEWED F'OR C:ONTtNT BY LUIS flERmos I.IOI'HES &: ASSOCIATES OF' 'ltG" BAJA, PUERTO RICO.

2. HORIZONTAl COORDlllATES SHOWN HEREON ARE Itl FttT AtlO REfER TO THE PUERTO R1CO/VIRGIN 151»10 STATE PWlE COOROIftATE sysn::t.I, NAD 83 (1997 AOJUSTI.IENT). 1I0RIZONTAl COORDINATES WERE DERNED USING DUAl FREOUEUCY,'c:ps RECEtVERS .tJ1U -'HE REFtREtcro TO NAT!OII.-.L GEOOETIC WINEY UQNUI.I£NTS A'lGEl (1'10 A(9997). F~OO (PII) AB98J4), HUII.4CAO 2 (PID A891146) Hm NT BRma" (PIO A8!1635),

J. PLANIMETRIC DATA AND SHORELINE PROVIDED BY HOGGARD [URE ASSOCIATES PORTSMOUTH, VA. "EIliAl SURVEY PERFORMED BY: AERO-DYNAMICS CORPORATION C~lonE N.C. SUR'IIE'I' FlOWN FEBRUARY 19118.

4. NOTt: THIS PlAT SHOWS EASEMEtllS OF RECORD FOUtlD IN THE NAW RUL ESTATE OffICE. THIS PLAT UAY NOT SHOW ALL CRAtns OR [,\SEUENTS THAT COUlD AFn:eT SUBJECT PROPERTY.

CONSERVAnON ZONE 5

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/,""

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__ sa (

CONSERVAnON ZONE 5

::,:.:I

I~ I~

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I I I

I

UNITED STATES GOVERNMENT PROPERTY PARCEL 16

AREA TO THE APPROXIMATE EDGE OF WATER 1 325 643.9 SO.FT. OR 30133 ACRES OR

1231568 SO /-AI OR 3) 334 CUEROAS

.• / ~I~

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I 4 I 4

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I # I # iL _____ J6Eill." ______ --1#' l"w lDO' 0' 609.71'

2

3

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'0\'7 ~"7

CONSERVAnON ZONE 5

100' 200' 300'

3

/

400' 500'

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4

,\ ,\

PO!NI OF

~ SU~VEY CONTROL POINT 'OEUCIAS' Ij 799113.6537 E 1127504.4901

5

A TlANllC OCEAN

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LOCATION MAP NOT T Q seA L E


,I I \ \ \ \ \

CERTIFICATION

~ cotlCRETE MONUMENT FOUND

PROPERlY UNE

EASEMENT LiNE

I. LUIS BERRIOS UONTES. CERTIYY THAT THE lNFOrotATION THAT FOLLOWS REPRESErrrs FAmIFUU.Y WHIIT r FOUND PHYSICALLY ON THE GROUND AND/OR BY nm rNVESTIGATIONS TnAT HAD BEEN JU.DE BY ME.

, ~~,~." 4u~{};- l~RI~~.!ot.!..TES

;£=~~ ~~:. .. :."n LUIS BERRIOS MONTES Survoyor License No. 6689

4 5

110

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~. ~m~ ~ ~d~'"'~ C/'.J :§.p ~

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ill~~~ '" .:(!::: La.! " z:l; ~~::» ~ i!~ ~

::e.;;;~J1OIt

Iln476-02.-D-761!t

c

B

A

Exhibit E

Tables

Facility #

386

663

664

771

1817

1922

1926

2014

2207

2248

2278

2293

2296

Table 1 Naval Activity Puerto Rico

Parcel 18 (South Delicias Hill) FOST Facilities List

Former User Name

AFWTF AFWR HEADQUARTERS

AFWTF G.E.lCONTRACTOR ADMIN

AFWTF ROC SUPPORT BLDG I

AFWTF FIRE PROTECTION WTR TK BY B386

NAVCOMTELSTA COMM OPERATIONS BUILDING

PWD POTABLE WTR DISTRIBUTION BLDG

- AFWTF MISSILE DISPLAY

AFWTF EMERG GEN BLDG BY B386

MWR BUS SHL TER S.DELICIAS

AFWTF UPS SHL TR FOR B386

AFWTF AFWTF (OFFICE ANNEX) B386

AFWTF ROC UTILITY BLDG

AFWTF ADMINISTRATIVE BLDG AFWTF

Area Unit Yr Built

46318 SF 1962

2886 SF 1957

2450 SF 1957

1984 - 1963

35783 SF 1978

144 SF 1978

15 SY 1977

416 SF 1981

140 SF 1987

364 SF 1986

4987 SF 1988

1472 SF 1989

22011 SF 1989

List based on 2003 NAPR base map (Base map - PREnew 11-2003.pdf), July 2001 Building Utilization List, List of Buildings To Be Inspected For Asbestos from June 2005 Asbestos Inspection Report, and field verfication by NAPR personnel.

Information not available or unknown

AFWR

AFWTF

MWR

NAVCOMTELST A

PWD

ROC

UPS

Atlantic Fleet Weapons Range

Atlantic Fleet Weapons Training Facility

Morale, Welfare and Recreation

Naval Computer and Telecommunications Station

Public Works Department

Range Operations Center

Uninterrupted Power Supply

Number 1817A 1817B 2248 2293

386A 1817

AFWTF AST NA PWD ROC UST

Type AST AST AST UST

Former UST Former UST


Parcel 18 (South Delicias Hill) FOST AST and UST List

Location or User Capacity PWD 5000 PWD 5000 AFWTF 5000 ROC Mechanical Bldg, South Delicias 4000

Building 2248 550 Building 1817 18000

Information not available or unknown

Atlantic Fleet Weapons Training Facility

Aboveground Storage Tank Not Applicable Public Works Department Range Operations Center Underground Storage Tank

Year Year Material Stored Installed Removed

Diesel - -Diesel - -Diesel - -Diesel 1997 NA

Waste Oil - 1996 Diesel - 1997

Facility # 386

663

664 771 1817 1922 1926 2014 2207 2248 2278 2293 2296

Notes:

ACM AFWR AFWTF ROC UPS


Parcel 18 (South Delicias Hill) FOST Asbestos-Containing Material Inspection Results

Name AFWR HEADQUARTERS

G.E.lCONTRACTOR ADMIN

ROC SUPPORT BLDG FIRE PROTECTION WTR TK BY B386 COMM OPERATIONS BUILDING POTABLE WTR DISTRIBUTION BLDG AFWTF MISSILE DISPLAY EMERG GEN BLDG BY B386 BUS SHL TER S.DELICIAS UPS SHL TR FOR B386 AFWTF (OFFICE ANNEX) B386 ROC UTILITY BLDG ADMINISTRATIVE BLDG AFWTF

Y=Yes N =No NI = Not Inspected

ACM Identified Y

Y

Y NI Y N NI N N Y Y N Y

Hazard = friable, accessible and damaged asbestos

Asbestos Containing Material Atlantic Fleet Weapons Range Atlantic Fleet Weapons Training Facility Range Operations Center

Uninterrupted Power Supply

Comments

Potential FAD ACM identified in damaged roof was tested and found to be non-friable.

Sources: Final Asbestos Inspection Report for Naval Activity Puerto Rico, Ceiba, Puerto Rico (Baker, June 2005)

Asbestos Inspection Report, Building 663, Naval Activity Puerto Rico, Ceiba, Puerto Rico (Baker, 2010)

Exhibit F

CERFA Concurrence

CERF A Identification of Uncontaminated Property Former Naval Station Roosevelt Roads, Puerto Rico

Accordingly, this CERF A Uncontaminated Property Report reflects final site categorizations that may differ from those presented in the Final ECP report.

In summary, all NAPR property not otherwise identified as sites belonging to Categories 2 or 3 are classified as "CERF A Clean" (i.e. uncontaminated) as defined in CERF A [§9620 (h)(4)(A)]. The bulk of the NAPR acreage is classified as such. Of the approximately 8,400 acres ofNSRR property, about 7,000 acres have been identified as "CERF A Clean" (i.e., Category 1). Figure 1 depicts the results of this classification.

Included in the CERFA Clean classification are a total of 14 SWMUs. Ten of these SWMU s were identified by EPA in the 1994 RCRA Part B permit, and an additional four sites were identified by the ECP. A1114 of these sites were originally identified based on a suspected release or disposal activity, but subsequent investigations determined that no release or disposal activity occurred. EPA has indicated their concurrence with this determination in the draft §7003 Order on Consent by designating each of these sites as having achieved "corrective action complete without controls" designation. The SWMUs and ECP sites designated as CERFA Clean are SWMUs 5, 15,20,21,22,47,48,49,50, 52,63 (ECP 9), 64 (ECP 10),65 (ECP 11), and 66 (ECP 12). These sites are presented in Table 1.

The remaining property has been classified as Category 2 or 3 and as such is not qualified for designation as CERF A Clean.

Submitted

Concurrence

Concurrence with CERF A Identification of Uncontaminated Property is indicated by signature below. This concurrence applies only to the identification of "CERF A Clean" (i.e. uncontaminated) property, identified in this document as ECP Category 1. ,

Carlos Lopez Freyt ,President Environmental Qua ity Board Commonwealth of Puerto Rico

Date

7

Exhibit G

Asbestos-Containing Materials Hazard Disclosure and Acknowledgment Form

ASBESTOS-CONTAINING MATERIALS HAZARD DISCLOSURE AND ACKNOWLEDGMENT FORM

(NON-RESIDENTIAL STRUCTURES)

ASBESTOS WARNING STATEMENT

YOU ARE ADVISED THAT CERTAIN BUILDINGS WITHIN THE SOUTH DELICIAS HILL PARCEL (AKA PARCEL 18) AT THE FORMER NAVAL STATION ROOSEVELT ROADS HAVE ASBESTOS-CONTAINING MATERIALS PRESENT. INDIVIDUALS (WORKERS) MAY SUFFER ADVERSE HEALTH EFFECTS AS A RESULT OF INHALATION EXPOSURE TO ASBESTOS. THESE ADVERSE HEALTH EFFECTS INCLUDE ASBESTOSIS (PULMONARY FIBROSIS) AND MESOTHELIOMAS (BENIGN OR MALIGNANT TUMORS).

ACKNOWLEDGMENT

I acknowledge that:

(1) I have read and understand the above-stated Asbestos Waming Statement.

(2) I have received from the Government the following document(s): Phase 1/11 Environmental Condition of Property Report, Former Naval Station Roosevelt Roads, Ceiba, Puerto Rico, the Final Asbestos Inspection Report for Naval Activity Puerto Rico, Ceiba, Puerto Rico, the Asbestos Inspection Report, Building 663, Naval Activity Puerto Rico, and the Finding of Suitability to Transfer, Parcel 18 (South Delicias Hill), Naval Activity Puerto Rico, Ceiba, Puerto Rico representing the best information available to the Government as to the presence of and condition of asbestos-containing-materials hazards in the building covered by this Transfer.

(3) I understand that my failure to inspect or to become fully informed of the condition of all or any portion of the propeliy offered will not constitute grounds for any claim or demand for adjustment or withdrawal of any bid or offer made after its opening or tender.

(4) I understand that, upon execution of this Transfer, I shall assume full responsibility for preventing future asbestos exposure by properly managing and maintaining or, as required by applicable federal, State, or local laws or regulations, for abating any asbestos hazard that may pose a risk to human health.

Transferee (or duly authorized agent) Date

Exhibit H

Lead-Based Paint Hazard Disclosure and Acknowledgment Form

LEAD-BASED PAINT HAZARD DISCLOSURE AND ACKNOWLEDGMENT FORM

(NON-RESIDENTIAL STRUCTURES)

LEAD WARNING STATEMENT

YOU ARE ADVISED THAT STRUCTURES CONSTRUCTED PRIOR TO 1978 MAY PRESENT EXPOSURE TO LEAD FROM LEAD-BASED PAINT THAT MAY PLACE YOUNG CHILDREN AT RISK OF DEVELOPING LEAD POISONING. LEAD POISONING IN YOUNG CHILDREN MAY PRODUCE PERMANENT NEUROLOGICAL DAMAGE. YOU ARE FURTHER ADVISED THAT LEAD POISONING ALSO POSES A PARTICULAR RISK TO PREGNANT WOMEN. WORKERS MAY ALSO SUFFER ADVERSE HEALTH EFFECTS FROM LEAD DUST AND FUME EXPOSURE

ACKNOWLEDGMENT

I acknowledge that:

(1) I have read and understand the above-stated Lead Warning Statement;

(2) I have received from the Federal Government the following document(s): Phase 1111 Environmental Condition of Property Report, Former Naval Station Roosevelt Roads, Ceiba, Puerto Rico and the Finding of Suitability to Transfer, Parcel 18 (South Delicias Hill), Naval Activity Puerto Rico, Ceiba, Puerto Rico representing the best information available to the Government as to the presence of Lead-Based Paint and Lead-Based Paint hazards for the buildings covered by this Transfer;

(3) I understand that my failure to inspect, or to become fully informed as to the condition of all or any portion of the property offered will not constitute grounds for any claim or demand for adjustment or withdrawal of any bid or offer made after its opening or tender; and

(4) I understand that upon execution of this Transfer, I shall assume full responsibility for preventing future lead exposure by properly managing and maintaining or, as required by applicable Federal, state, or local laws or regulations, for abating any lead-based paint hazard that may pose a risk to human health.

Transferee (or duly authorized agent) Date

Exhibit I

Responses to Comments

UNITED STATES ENVIRONMt:NTAL PROTECTION AGENCY REGION 2

JUL 15 2010

CERTIFIED MAIL

. 290 BROADWAY NEW YORK, NY 10007-1866.

RETURN RECEIPT REQUESTED

Mr. Mark E. Davidson US Navy BRAC· PMO SE

. 4130 Faber Place Drive Suite 202 North Charleston, SC 29405

Re: Naval Activity Puerto Rico (NAPR), fonnerly Naval Station Roosevelt Roads, EPA 1.0. Number PRD2l70027203, Draft Fining of Suitability to Transfer (FOST) Parcel 18 (South DdiCias Hill)

Dear Mr. Davidson:

This letter is addressed to you as the Navy's designl;3.ted project coordinator pursuant to the January 29,2007 RCRA Administrative Order on Consent ("the Consent Order") between the United States EnvironmentalProtection Agency (EPA) and the U.S. Navy (the Navy).

EPA has complett)d its review of the Draft Fining of Suitability to Transfer (FOST) Parcel 18 (South Delicias Hill), transmitted to EPA and the Puerto Rico Environmental Quality Board (EQB) on behalf of the Navy, by Robert F. Simcik's (of Tetra Tech NUS Inc.) letter of May 26, 20lQ .

EP A has the following cOlm:nents on the Draft POST:

1) Section 0.4 (Polychlorinated Biphenyls) on page 5 indicates that the only PCB transfonnet remaining at the NAPR facility is located in Buiiding 386., which is within the Subject Property, . i.e., Parcel 18. 'fhe Section t1.irther states that "The transformer is checked monthly by a station . contraCtor for possible leaks, and was tcpOlted to be {Ii normal condition as of November 13, 2009." Please update that Section of the FOST to discuss: 1) the condition orthe transfonner as ofthe most recent inspection subsequent to November 2009; 2) who will be responsible for

. continuing to inspect and maintain the transfonner following the Parcel 18 transfer; and 3) who will I:fe responsible for assuring proper, i.e. in compliance with 40 CFR j)mt 76 I requirements, disposal of that ti'ansfonncr and the associated PCB fluids tollo\ving the Parcel 18 transfer. . .

Intern.et Address (URL). http://w'ww.epa.gov

Recycled/Recyclable ~ Printed with Vegetable Oil Based In·ks on 100% Postconsumer, Process Chlori.ne Free Recycled Paper

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2) The statement in Section F (Environmental Compliance Agreements/Pelmits/Orders) on page 8 that "Although there are no RCRA solid waste units or areas of concern on the Subject Property .... " is not completely accurate and should be revised. The former satellite" accumulation area for hazardous and non-regulated wastes associated with Building 1817, which is discussed in Section 4.0 A (Hazardous Substance Contamination), should have been included under solid waste management unit (SWMU) 47 (miscellaneous "satellite" disposal areas). As discussed in the 1988 RCRA Facility Assessment (RFA) prepared on behalfofE.PA, SWMU 47 induded satellite waste accumulation areas throughout"the facility. Since under the 2007 RCRA Consent Order, SWMU 47 was determined to require No Further Action, the FaST should berevised to indicate both that the former satellite accumulation area for hazardous and non-regulated wast<?s associated with Building 1817 would have been included under SWMU 47, and that a Corrective Action Complete determination was I?ade for that SWMU under the 2007 Consent Order.

. .. . Please revise the Draft FOST to addresses the above comments, and submit two copies of the Final FaST to EPA. If you have any questions, please telephone me at (212) 637- 4167.

Sincerely yours, "

141{,;~ Timothy-R. Gordon Project Coordinator Resource Conservation and Special Projects Section RCRA Programs Branch

" cc: Ms. Wilmarie Rivera, P.R. Environmental Quality Board Mr. David Criswel1, U.S. Navy, BRAC Mr. Robert F. Simcik, Tetra Tech NUS Inc.

Navy Responses to U.S. Environmental Protection Agency Comments Draft Finding of Suitability to Transfer

Parcel 18 (South Delicias Hill) Naval Activity Puerto Rico

1. Section D.4 (Polychlorinated Biphenyls) on page 5 indicates that the only PCB transfonner remaining at the NAPR facility is located in Building 386, which is within the Subject Property, i.e., Parcel 18. The Section further states that "The transfonner is checked monthly by a station contractor for possible leaks, and was reported to be in nonnal condition as of November 13, 2009." Please update that Section of the FOST to discuss: 1) the condition of the transfonner as of the most recent inspection subsequent to November 2009; 2) who will be responsible for continuing to inspect and maintain the transfonner following the Parcel 18 transfer; and 3) who will be responsible for assuring proper, i.e. in compliance with 40 CFR Part 761 requirements, disposal of that transfonner and the associated PCB fluids following the Parcel 18 transfer.

Navy Response:

Section 4.0 D.4. has been revised to state "The NAPR Base Operating Support contractor visually inspects the transformer for leaks and completes a monthly checklist. The transformer is currently (August 2010) in a normal condition. The new owner will be responsible for operating and maintaining the transformer, for the eventual disposal of PCBs at the end of the transformer's useful life, and for complying with all applicable federal and state PCB regulations, including any required inspections."

2. The statement in Section F (Environmental Compliance AgreementsiPennits/Orders) on page 8 that "Although there are no RCRA solid waste units or areas of concern on the Subject Property .... " is not completely accurate and should be revised. The fonner satellite accumulation area for hazardous and non-regulated wastes associated with Building 1817, which is discussed in Section 4.0 A (Hazardous Substance Contamination), should have been included under solid waste management unit (SWMU) 47 (miscellaneous "satellite" disposal areas). As discussed in the 1988 RCRAFacility Assessment (RFA) prepared on behalf of EPA, SWMU 47 included satellite waste accumulation areas throughout the facility. Since under the 2007 RCRA Consent Order, SWMU 47 was detennined to require No Further Action, the FOST should be revised to indicate both that the fonner satellite accumulation area for hazardous and non-regulated wastes associated with Building 1817 would have been included under SWMU 47, and that a Corrective Action Complete detennination was made for that SWMU under the 2007 Consent Order.

Navy Response:

Section 4.0 A. has been revised to state "Solid Waste Management Unit (SWMU) 47 consists of undefined "satellite disposal areas" across the entire installation. A No Further

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Action determination was made for SWMU 47 in the 1994 Resource Conservation and Recovery Act (RCRA) Part B Permit for NSRR, thus a RCRA Facility Investigation (RFI) was not required (Navy, 2005). Also, the U.S. Environmental Protection Agency (EPA) Administrative Order on Consent (EPA, 2007) that replaced the permit and sets out the Navy's corrective action obligations under RCRA designated SWMU 47 as Corrective Action Complete without Controls and required no further action. "

Section 5.0 F. has been revised to state "The former satellite accumulation area for hazardous and non-regulated wastes associated with Building 1817 is included in SWMU 47 (undefined "satellite disposal areas'). A No Further Action determination was made for SWMU 47 and no RFI was required under the 1994 permit. Furthermore, SWMU 47 was designated as Corrective Action Complete without Controls under the Consent Order. However, certain RCRA obligations defined in the Consent Order apply to the Subject Property including notification and additional work requirements for newly discovered releases, other notification requirements, and record retention requirements."

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COMMONWEALTH OF PUERTO RICO

Office of the Governor Environmental Quality Board

June 29, 2010

Mr. David Criswell U.S. Navy BRACPMOSE U.S. Environmental Protection Agency 4130 Fabel' Place Driver, Suite 202 North Charleston, SC 29405

Environmental Emergencies Response Area

Re: Dl'aft Finding of Suitability to Transfer (FOST) Parcel 18 (Soutll Delicias Hill), Naval Activity Puerto Rico, Ceiba, Puel·to Rico

Deal' Mr. Criswell:

The Puerto Rico Environmental Quality Board (PREQB) has completed its review of the Draft Finding of Suitability to Transfer (FOST) Parcel 18 (South Delicias Hill), Naval Activity Puerto Rico, dated May 2010. PREQB has the following comments on the Draft FOST:

• Section 3.0, Past Use and Proposed Reuse, Page 2, Paragmph 2: This paragraph refers to the Naval Station Roosevelt Roads Reuse Plan (CBRE et aI, 2004) for the future land uses fol' Parcel 1. The Local Redevelopment Authority (LRA) has developed a new Reuse Plan for the Former Naval Station Roosevelt Roads, which was presented to the Navy. Please veritY that the future uses stated in this paragraph are those stated in the current Reuse Plan.

• Section 4.0, D, 4 (polychlorinated Biphenyls), Page 5: This paragraph states the transformer located in Building 386 is checked monthly by a station contractor for possible leaks, and is reported to be in normal condition as of November 13, 2009 (Navy 2009). Please clarify whether addition inspections have been conducted since November 2009 and, if not, please explain Why.

• Please provide PREQB with copies of all executed transfer documents.

If you have any questions, please contact me at (787) 767-8181, extension 6129.

Cordially,

'1JL~/L Wilmarie Rivera Otero Federal Facilities Coordinator

cc: Timothy Gordon, EPA

Cruz A. Matos Environmental Agencies Bldg., San Jose Industrial Park Urbanization 1375 Ponce de Le6n Ave., San Juan, PR 00926-2604

PO Box 11488, San Juan, PR 00910 Tel. 787-767-8181 • Fax 787-766-0150

Navy Responses to Puerto Rico Environmental Quality Board Comments Draft Finding of Suitability to Transfer

Parcel 18 (South Delicias Hill) Naval Activity Puerto Rico

1. Section 3.0, Past Use and Proposed Reuse, Page 2, Paragraph 2: This paragraph refers to the Naval Station Roosevelt Roads Reuse Plan (CBRE et aI, 2004) for the future land uses for Parcell. The Local Redevelopment Authority (LRA) has developed a new Reuse Plan for the Former Naval Station Roosevelt Roads, which was presented to the Navy. Please verify that the future uses stated in the paragraph are those stated in the current Reuse Plan.

Navy Response:

The 2004 Reuse plan anticipated the following types of land uses for Sale Parcel I: Moderate Lodging, Residential, Learning and Training Center, Public Golf Course, Mixed Use (commercial), University Campus and Public School. The April 201 0 Addendum to the Reuse Plan includes the following uses for Zones 6 through 9 which correspond to the Sale Parcel I area.

• Zone 6 Uplands - golf, residential, and airside commercial/industrial business park • Zone 7 Town Center- commercial, residential, primary and secondary schools, and

university • Zone 8 Community Recreational Hub - sports and recreation, equestrian trails, golf

training, lodging, retail and dining • Zone 9 Conference and Learning Center - conference center, retail, lodging, and

residential

The following sentence has been added to the end of Section 3.0 - " An April 2010 addendum to the Reuse Plan (GGS, 2010) included similar proposed uses for the Sale Parcell area. "

2. Section 4.0, D, 4 (Polychlorinated Biphenyls), Page 5: This paragraph states the transformer located in Building 386 is checked monthly by a station contractor for possible leaks, and is reported to be in normal condition as of November 13,2009 (Navy, 2009). Please clarify whether additional inspections have been conducted since November 2009 and, ifnot, please explain why.

Navy Response:

The transformer has been inspected since November 2009 and is in normal condition. This section has been revised to include the statement: "The NAPR Base Operating Support contractor visually inspects the transformer for leaks and completes a monthly checklist. The transformer is currently (August 2010) in a normal condition."

3. Please provide PREQB with copies of all executed transfer documents.

Navy Response:

The Navy will provide copies of all executed transfer documents to PREQB.

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EXHIBIT "E"

DEPARTMENT OF DEFENSE INSTRUCTION 4165.72

4824-2307-2531.1

Department of Defense

INSTRUCTION

SUBJECT: Real Property Disposal

References: (a) DoD Directive 4165.6, "Real Property," October 13,2004

NUMBER 4165.72 December 21, 2007

USD(AT&L)

(b) DoD Directive 4275.5, "Acquisition and Management ofIndustrial Resources," October 6, 1980

(c) DoD Instruction 4165.69, "Realignment of DoD Sites Overseas," April 6, 2005

(d) DoD Directive 5110.4, "Washington Headquarters Services (WHS)," October 19,2001

(e) through (v), see Enclosure 1

1. PURPOSE

This Instruction:

1.1. Implements policy and assigns responsibility pursuant to Reference ( a) for the disposal of real property.

1.2. Re-delegates various statutory and regulatory authorities and responsibilities relating to real property disposal.

2. APPLICABILITY AND SCOPE

This Instruction:

2.1. Applies to the Office of the Secretary of Defense, the Military Departments (including their Reserve components), the Office of the Chairman of the Joint Chiefs of Staff, the Combatant Commands, the Office of the Inspector General of the Department of Defense, the Defense Agencies, the DoD Field Activities, and all other organizational entities in the Department of Defense (hereafter referred to collectively as the "DoD Components").

2.2. Applies to all DoD real property holdings except:

2.2.1. Civil works projects.

DoD14165.72, December 21,2007

2.2.2. The acquisition and management of defense industrial plants that are governed by DoD Directive 4275.5 (Reference (b)).

2.3. Does not apply to DoD real property holdings:

2.3.1. Disposed of pursuant to a base closure law, except for paragraphs 5.1.2., 5.5., 5.S., 5.9.,5.10., and 5.11., which do apply.

2.3.2. Outside the United States with regard to those provisions oflaw not having extraterritorial application. (See DoD Instruction 4165.69 (Reference (c))).

3. DEFINITIONS

3.1. Consistent with DoD Directive 5110.4 (Reference (d)), for purposes of the Pentagon Reservation, Washington Headquarters Services shall be considered a Military Department and its Director the secretary thereof.

3.2. Other terms used in this Instruction are defmed in Joint Publication 1-02 (Reference (e)) and section 101 of title 10, United States Code (U.S.c.) (Reference (f)).

4. RESPONSIBILITIES

4.1. The Under Secretary of Defense for ACquisition, Technology, and Logistics (USD(AT &L)) shall establish overarching guidance and procedures regarding the disposal of real property.

4.2. The Deputy Under Secretary of Defense for Installations and Environment (DUSD(I&E)), under the USD(AT&L):

4.2.1. Shall provide additional guidance and procedures for the implementation of DoD real property disposal policy and this Instruction.

4.2.2. Is hereby re-delegated, with authority to re-delegate, all those authorities and responsibilities delegated or re-delegated, as the case may be, to the USD(AT &L) under paragraph 5.1.3. of Reference (a) that relate to the disposal of real property.

4.3. The Secretaries of the Military Departments shall:

4.3.1. Establish programs and procedures to dispose of real property that conform with applicable law and the policies, guidance, and procedures provided by and pursuant to Reference (a) and this Instruction.

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DoD! 4165. 72, December 21, 2007

4.3.2. Accurately inventory and account for the real property under their jurisdiction, management, and control in accordance with DoD Instruction 4165.14 (Reference (g)).

4.4. The Heads ofthe DoD Components shall:

4.4.1. Ensure compliance with this Instruction.

4.4.2. Provide, within 45 days after a Military Department gives notice ofthe availability of real property for which a DoD Component has a requirement, a fIrm commitment to take real property accountability for the property in the case of a Military Department, or a fIrm commitment from a Combatant Command, Defense Agency, or DoD Field Activity that it requires the property and has secured the agreement of a Military Department to accept real propeliy accountability for the property. A Combatant Command, Defense Agency, or DoD Field Activity that is supported by a specifIc Military Department for its real property requirements will communicate its requirements through that Military Department.

5. PROCEDURES

5.1. Disposal of Real Property. The programs of the Military Departments shall ensure that, after screening with the other DoD Components, real property for which there is no foreseeable military requirement, either in peacetime or for mobilization, and for which the Department of Defense does not have disposal authority, is promptly reported for disposal to the General Services Administration (GSA), or the Department of the Interior in the case ofland withdrawals, in accordance with applicable regulations of those agencies.

5.1.1. Real property may be transferred, at no cost, among the Armed Forces, including the Coast Guard, pursuant to section 2696 oftitle 10, U.s.c. (Reference (h)). Subject to the authority, direction, and control of the Secretary of Defense with regard to the DoD Components, this transfer authority cannot be precluded, directly or indirectly, by any regulatory, program, or policy restrictions issued by any agency or offIcial within the Executive Branch of the Federal Government.

5.1.2. Subject to Reference (h), ensure compliance with part 373 oftitle 40, Code of Federal Regulations (CFR), "Reporting Hazardous Substance Activity When Selling or Transferring Federal Real Property" (Reference (i)).

5.1.3. Subject to Reference (h), ensure compliance with the Federal Management Regulation (Reference (j)) dealing with real property disposal, part 1 02-75 of title 41, CFR.

5.1.4. Ensure compliance with chapter 6 of volume 4 of the DoD Financial Management Regulations, DoD 7000. 14-R (Reference (k)) relating to valuation of property assets.

5.1.5. Until such time during the disposal process that GSA assumes such responsibility, the holding Military Department will ensure compliance with the McKinney-Vento Homeless Assistance Act, as amended, section 11411 of title 42, U.S.C., (Reference (1)) with regard to

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DoD! 4165.72, December 21, 2007

identifying unutilized, underutilized, excess, or surplus property that may be suitable for use by the homeless.

5.1.6. Disposal of real property may include disposing of associated interests in real property such as authorized by section 2668a oftide 10, U.S.C. (Reference (m)), including those needed to comply with the requirements of the National Historic Preservation Act, section 470 et seq. of title 16, U.S.C. (Reference (n)).

5.1.7. In the case of withdrawn lands not accepted back by the Department of the Interior, always address disposition of mineral rights during the disposal process. (See part 2720 oftide 43, CFR (Reference (0))).

5.1.8. For granting uses ofreal property such as outgrants, see DoD Instruction 4165.70 (Reference (p)).

5 .1.9. Before disposing of real property containing floodplains or wetlands, ensure compliance with Executive Orders 11988 and 11990 (References (q) and (r), respectively).

5.2. Mobilization Requirements. Real property may be held solely to meet a mobilization requirement.

5.2.1. Such property may be made available for interim use in one of the following ways, provided it will not involve modifying the property in a manner that would prevent its timely use in meeting its mobilization requirements:

5.2.1.1. By permit to another Government agency.

5.2.1.2. By outgranting by license, easement, or lease.

5.2.1.3. By declaring it as excess to GSA for disposal subject to adequate provisions for recapture in accordance with existing regulations, instructions, and statutes.

5.2.2. Any property subject to interim use in accordance with paragraphs 5.2.1.1. and 5.2.1.2. shall have a provision in the granting document requiring immediate return of the property, without cost to the Department of Defense, upon the demand of the holding Military Department, after it determines the property is required for mobilization.

5.3. Release of Reverter and Reuse Rights and of Covenants. The release of reverter and emergency reuse (recapture) rights and of covenants retained by the Government may be effected in response to a petition from the CUIT~nt owner to the Secretary of Defense through the original Federal grantor agency, such as the Departments of Interior, Health and Human Services, Housing and Urban Development, and Education; the Federal Aviation Administration; or GSA; if there is no current requirement for the right or covenant by any of the Military Departments.

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DoD! 4165.72, December 21,2007

5.3.1. Upon notification by DUSD(I&E) that such a petition has been received, the holding Military Department shall review:

5.3.1.1. In the case of reverter or reuse rights, plans covering contemplated use of the facility in light of the current and projected physical condition of the improvements.

5.3.1.2. In the case ofa covenant, the original reason for the covenant, State regulatory concurrence if applicable, and changed circumstances.

5.3.2. The holding Military Department shall also notify the other DoD Components that the reverter or reuse rights it has reserved may be extinguished and request they provide, within 45 days, their objections, if any, to the release of such rights along with their rationale for objecting.

5.3.3. The holding Military Department:

5.3.3.1. Ifit was not the grantor agency, shall then make a recommendation to DUSD(I&E) as to whether the reverter or reuse rights or the covenant should be extinguished.

5.3.3.2. If it was the grantor agency and intends to extinguish the reverter or reuse rights or the covenant, shall advise DUSD(I&E) of its intention and wait 15 days before taking further action.

5.3.4. DUSD(I&E) shall, in the case of paragraph 5.3.3.1., then provide the position of the Department of Defense to the Federal grantor agency as to whether the reverter or reuse rights or the covenant should be extinguished.

5.4. Environmental Impacts. The holding Military Department shall accomplish any environmental analysis, including of the environmental condition of the property, required by law or its regulations prior to disposing of property, whether the disposal is done directly or by transfer to another agency for disposal or reuse.

5.5. Clauses Under section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLAt section 9620(h) of title 42, U.S.c., (Reference (s)).

5.5.1. Reference (s) provides an exception to the prohibitions of the Anti-Deficiency Act by allowing the commitment of a future unfunded obligation, namely the potential return of the United States to conduct a remedial action on former DoD properties. The Department of Defense has no authority to increase or decrease the commitments directed to be provided by section 120(h).

5.5.2. Any deed transferring title to real property shall contain, to the extent they are required by law, the notices, descriptions, assurances, access rights, warranties, and covenants (collectively referred to as "120(h) clauses" in this Instruction) specified in Reference (s) as provided by this Instruction. The 120(h) clauses contained in this Instruction shall not be

5

DoDI4165.72, December 21,2007

inserted into any other real property transfer documents other than a deed transferring real property, nor shall any other versions of such clauses be inserted into such other documents.

5.5.2.1. Such 120(h) clauses:

5.5.2.1.1. Ensure compliance with Reference (s) when a DoD Component transfers real property to a non-Federal entity.

5.5.2.1.2. Provide uniformity in transaction documents.

5.5.2.1.3. Ensure the liability of the United States is not increased beyond that provided by law.

5.5.2.1.4. Ensure the commitments made by the United States to non-Federal recipients of DoD real property are not less than those required to be provided by Reference (s).

5.5.2.2. Such 120(h) clauses shall contain without change or limitation the applicable language provided in Enclosure 2. Changes or limitations to the language provided in Enclosure 2 are only authorized with the prior written approval ofDUSD(I&E).

5.5.2.3. This paragraph 5.5. has limited application:

5.5.2.3.1. It addresses the provision of 120(h) clauses under Reference (s). It does not address all obligations under Reference (s). (See paragraph 5.1.2., for example.)

5.5.2.3.2. Not all property transfers are subject to this paragraph:

5.5.2.3.2.1. Only those transfers by deed (or other agreement in the case of section 120(h)(3)(C)(ii) assurances), i.e., transfer of title outside of the Federal Government, are subject to these 120(h) clauses. Leases and easements are not a transfer of title.

5.5.2.3.2.2. Only those transfers oftitle that occurred after the enactment of the relevant provisions of paragraphs 120(h)(3) and (4) of Reference (s) would be subject to its provisions relating to 120(h) clauses. For instance, a formerly used defense site transferred before the date of enactment of sections 120(h)(3) and (4) would not have had the 120(h) clauses provided in the deed.

5.5.2.4. No other 120(h) clauses, other than those provided in Enclosure 2, or changed or limited with the permission of DUSD(I&E) pursuant to paragraph 5.5.2.2., shall be used to comply with Reference (s). As a negotiated aspect of a business transaction, the Secretary concerned may agree to other deed provisions that are not inconsistent with the 120(h) clauses in Enclosure 2. Such negotiated provisions shall not increase or reduce the liability of the United States with regard to its section 120(h) obligations. Such negotiated provisions may include, for example, contractual transfer of responsibility for conducting the remedial action in instances of early transfer, contractual agreements relating to insurance to ensure performance of other contractual obligations, and environmental covenants or similar restrictions to ensure

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DoD! 4165.72, December 21,2007

viability of a remedy. As an aid in applying paragraph 5.5., Enclosure 3 contains a table providing a broad overview as to which l20(h) clauses should be used in various circumstances.

5.5.2.4.1. Property subject to paragraph 120(h)(3) of Reference (s). For property subject to paragraph 120(h)(3) of Reference (s), but excluding property subject to deferral under paragraph 120(h)(3)(C) of Reference (s), the following 120(h) clauses shall be used in the deed:

5.5.2.4.1.1. The appropriate option for the 120(h) clause found at paragraph E2. 1. 1. of Enclosure 2 entitled "Property Covered by Notice, Description, Access Rights, and Covenants Made Pursuant to Section 120(h)(3)(A) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. § 9620(h)(3)(A»";

5.5.2.4.1.2. The appropriate option for the 120(h) clause found at paragraph E2.1.2. of Enclosure 2 entitled ''Notices Pursuant to Section 120(h)(3)(A)(i)(I) and (II) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.c. § 9620(h)(3)(A)(i)(I) and (II»";

5.5.2.4.1.3. The appropriate option for the 120(h) clause found at paragraph E2.1.3. of Enclosure 2 entitled "Description of Remedial Action Taken, if Any, Pursuant to Section 120(h)(3)(A)(i)(III) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. § 9620(h)(3)(A)(i)(III»";

5.5.2.4.1.4. The 120(h) clause found at paragraph E2.1.4. of Enclosure 2 entitled "Covenant Pursuant to Section 120(h)(3)(A)(ii) and (B) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. § 9620(h)(3)(A)(ii) and (B»" [this 120(h) clause shall not be provided in any case in which the person or entity to whom the real property is transferred is a potentially responsible party with respect to such property]; and

5.5.2.4.1.5. The 120(h) clause found at paragraph E2.1.5. of Enclosure 2 entitled "Access Rights Pursuant to Section 120(h)(3)(A)(iii) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. § 9620(h)(3)(A)(iii» .

5.5.2.4.2. Property subject to paragraph 120(h)(3)(C) of Reference (s).

5.5.2.4.2.1. For property subject to paragraph 120(h)(3) of Reference (s) but where the requirement to provide the warranty under paragraph 120(h)(3)(A)(ii)(I) of Reference (s) has been deferred pursuant to paragraph 120(h)(3)(C) of Reference (s), the following 120(h) clauses shall be used in the deed (or other agreement addressing the response action assurances in the case of the 120(h) clause addressed in paragraph 5.5.2.4.2.1.5):

5.5.2.4.2.1.1. The appropriate option for the 120(h) clause found at paragraph E2.2.1. of Enclosure 2 entitled "Property Covered by Notice, Description, Assurances, Access Rights, and Covenants Made Pursuant to Section 120(h)(3)(A) of the Comprehensive

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DoD! 4165.72, December 21,2007

Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. § 9620(h)(3)(A) )";

5.5.2.4.2.1.2. The appropriate option for the 120(h) clause found at paragraph E2.1.2. of Enclosure 2 entitled ''Notices Pursuant to Section 120(h)(3)(A)(i)(I) and (II) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. § 9620(h)(3)(A)(i)(I) and (II))";

5.5.2.4.2.1.3. The appropriate option for the 120(h) clause found at paragraph E2.1.3. of Enclosure 2 entitled "Description of Remedial Action Taken, if Any, Pursuant to Section 120(h)(3)(A)(i)(III) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. § 9620(h)(3)(A)(i)(III))";

5.5.2.4.2.1.4. The 120(h) clause found at paragraph E2.2.2. of Enclosure 2 entitled "Covenant Pursuant to Section 120(h)(3)(A)(ii)(II) and (B) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. § 9620(h)(3)(A)(ii)(II) and (B))" [this 120(h) clause shall not be provided in any case in which the person or entity to whom the real property is transferred is a potentially responsible party with respect to such property];

5.5.2.4.2.1.5. The 120(h) clause found at paragraph E.2.2.3. of Enclosure 2 entitled "Assurances Pursuant to Section 120(h)(3)(C)(ii) ofthe Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. § 9620(h)(3)(C)(ii))"; and

5.5.2.4.2.1.6. The 120(h) clause found at paragraph E.2.1.5. of Enclosure 2 entitled "Access Rights Pursuant to Section 120(h)(3)(A)(iii) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. § 9620(h) (3) (A) (iii) )".

5.5.2.4.2.2. When all response action necessary to protect human health and the environment with respect to any substance remaining on the property on the date of transfer has been taken, the following 120(h) clauses shall be provided to the transferee in an appropriate document [these 120(h) clauses shall not be provided in any case in which the person or entity to whom the real property is transferred is a potentially responsible party with respect to such property]:

5.5.2.4.2.2.1. The appropriate option for the 120(h) clause found at paragraph E2.2.1. of Enclosure 2 entitled "Property Covered by Notice, Description, Assurances, Access Rights, and Warranty Made Pursuant to Section 120(h)(3)(A) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. § 9620(h)(3)(A))";

5.5.2.4.2.2.2. The 120(h) clause found at paragraph E2.2.4. of Enclosure 2 entitled "Warranty Pursuant to Section 120(h)(3)(C)(iii) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. § 9620(h)(3)(C)(iii))".

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DoD! 4165.72, December 21,2007

5.5.2.4.3. Property subject to paragraph 120(h)(4) of Reference (s). For property subject to paragraph 120(h)(4) of Reference (s), the following 120(h) clauses shall be used in the deed:

5.5.2.4.3.1. The appropriate option for the 120(h) clause found at paragraph E2.3.1. of Enclosure 2 entitled "Property Covered by Covenant and Access Rights Made Pursuant to Section 120(h)(4)(D) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 US.C. § 9620(h)(4)(D))";

5.5.2.4.3.2. The 120(h) clause found at paragraph E2.3.2. of Enclosure 2 entitled "Covenant Pursuant to Section 120(h)(4)(D)(i) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 US.C. § 9620(h)(4)(D)(i))"; and,

5.5.2.4.3.3. The 120(h) clause found at paragraph E2.3.3. of Enclosure 2 entitled "Access Rights Pursuant to Section 120(h)(4)(D)(ii) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 US.C. § 9620(h)( 4 )(D)(ii))".

5.5.2.5. If a hazardous substance was not stored for one year or more, known to have been released, or disposed of on the parcel, but a petroleum product or its derivative is known to have been released or disposed of on the property, none of the 120(h) clauses under Reference (s) shall be provided.

5.5.2.6. To the extent a deed contains separately identified parcels at least one each of which is subject to any two or more of paragraphs 120(h)(3), 120(h)(3) with deferral, and 120(h)(4) of Reference (s), the deed shall separately designate those parcels under each of those three categories and provide the applicable 120(h) clauses in Enclosure 2 for each ofthose groupings.

5.5.2.7. Users ofthe 120(h) clauses found at paragraphs E2.1.2. and E2.1.3. of Enclosure 2 should note that they include the possibility of voluminous attachments. Since the transferee will pay the cost of recording, the transferee should be consulted before voluminous but not necessarily required attachments are included with the deed.

5.6. Release of Leaseholds. Excess leaseholds, if transferable, should be made available to other DoD Components and the Coast Guard as soon as possible.

5.6.1. Immediately upon a determination that a DoD leasehold is no longer required by the DoD Component, the DoD Component concerned shall send a notice of availability to the appropriate offices of the other DoD Components and the Coast Guard, provided the leasehold terms would not prevent their use of the leasehold and there is a reasonable useful life remaining.

5.6.2. Such notices shall include a physical description of the property, terms of the lease, surrender date, and date of contract renewal.

9

DoD! 4165.72, December 21, 2007

5.6.3. The DoD Component or Coast Guard interested in acquiring such an excess DoD leasehold shall assume responsibility for continuing the leasehold interest, including payment of all rents.

5.6.4. Ifno DoD or Coast Guard interest is expressed, the DoD Component shall advise GSA of any excess leasehold which has at least 9 months of beneficial occupancy remaining to permit Federal screening.

5.6.5. For GSA leaseholds occupied by DoD Components, the DoD Component will inform GSA as soon as the DoD Component becomes aware that it will no longer require the use of the GSA leasehold.

5.7. Excess Family Housing Units. A Report of Excess Real Property (Standard Form 118) (Refert)nce (t)) to GSA covering mortgaged or unencumbered family housing and related land and improvements or unimproved land acquired for family housing purposes shall include the statement: "Net proceeds from the sale of family housing, including related land and improvements, shall be deposited in the Family Housing Account of the appropriate Military Department. "

5.8. Timberland

5.8.1. Under the authority of section 2665 oftitle 10, U.S.C. (Reference (u)), any forest products produced on land owned or leased by a Military Department may be sold without also selling the underlying land, provided, in the case of leased property, that the lease does not prohibit such sales. Since Reference (u) is used to dispose of the forest products, they are not declared excess under title 40, U.S.c., or its implementing regulations.

5.8.2. If forestlands are being considered for disposal, the forest resources should be evaluated to determine the feasibility of harvesting and sale of forest products before disposal of lands. This evaluation must consider the effects of harvesting on the future use and environmental quality of the property as well as its relative diminution of the property' s fair market value. With respect to base realignment and closure propeliy, the evaluation should also consider the impact of harvesting on the redevelopment plans of the local redevelopment authority. Planned harvesting may continue on land reported as excess until actual disposal or transfer, provided that the evaluation determines that harvesting and sale of forest products should proceed and any sales agreement does not provide otherwise.

5.9. Property with Military Munitions

5.9.1 . Real property known to contain or suspected of containing explosive or chemical agent hazards shall not be transferred out of DoD control (other than to the Coast Guard) unless appropriate protective measures have been taken to ensure the recipient of the property is both fully informed of the actual and potential hazards relating to the presence or possible presence of explosives or chemical agents and restrictions or conditions have been placed on the use of the property to avoid harm to users due to the presence of explosives or chemical agents. Appropriate notice requirements and restrictions on use will be submitted by the disposing

10

DoD! 4165.72, December 21,2007

Component to the Department of Defense Explosives Safety Board for its approval prior to transfer. An outgrant such as a lease or permit may constitute transfer out of DoD control if the DoD Component does not retain sufficient control over the property to adequately manage exposure to explosive or chemical agent hazards.

5.9.2. Real property being transferred out of DoD control after explosive and chemical agent hazards have been addressed, but which is adjacent to property where such hazards have not been addressed, will have appropriate restrictions and reservations included in the transfer documents to ensure the use of the transferred property does not obstruct addressing the hazards on the adjacent property. DUSD(I&E), after consultation with the Department of Defense Explosives Safety Board, will provide model language for this purpose.

5.10. Retention of Access Rights

5.10.1. Property disposed of but not subject to inclusion of clauses under Reference (s) or paragraph 5.5. should retain a right of entry onto the property for purposes of addressing the possibility of undiscovered contamination. For this purpose, the transfer document should contain a clause similar to or the same as the clause contained at paragraph E.2.3.3., although without including in the clause any reference to Reference (s).

5.10.2. Appropriate access rights should also be retained whenever other laws or provisions of the transfer document could generate an obligation or responsibility on the part of the United States requiring it to return to the property.

5.11. Indemnification Under Section 330 of the National Defense Authorization Act for Fiscal Year 1993 (Reference (v)), as amended. Reference (v) provides for indemnification of transferees of closing DoD properties under circumstances specified in that statute. The authority to implement this provision of law has been delegated by the Secretary of Defense to the General Counsel of the Department of Defense; therefore, this provision oflaw shall only be referred to or recited in any deed, sales agreement, bill of sale, lease, license, easement, right-ofway, transfer document for real or personal property, or cooperative agreement or grant after obtaining the written concurrence of the Deputy General Counsel (Environment and Installations), Office of the General Counsel, Department of Defense.

7. EFFECTIVE DATE

This Instruction is effective immediately.

8. RELEASABILITY

UNLIMITED. This Instruction is approved for public release. The DoD Components (to include the Combatant Commands), other Federal agencies, and the public may obtain copies of

11

DoD! 4165.72, December 21,2007

this Instruction through the Internet from the DoD Issuances Web Site at http://www.dtic.millwhs/directives.

Enclosures - 3 E 1. References, continued E2. CERCLA 120(h) Clauses E3. Table ofCERCLA 120(h) Clauses

12

DoD! 4165. 72, December 21, 2007

E1. ENCLOSURE 1

REFERENCES, continued

(e) Joint Publication 1-02, "Department of Defense Dictionary of Military and Associated Tenus," as amended

(f) Section 101 of title 10, U.S.C. (g) DoD Instruction 4165.14, "Real Property Inventory and Forecasting," March 31,2006 (h) Section 2696 of title 10, U.S.C. (i) Title 40, CFR, Part 373, "Reporting Hazardous Substance Activity When Selling or

Transferring Federal Real Property," current edition G) Title 41, CFR, Part 102-75, "Federal Management Regulation," current edition (k) DoD 7000. 14-R, "DoD Financial Management Regulations," current edition (1) Section 11411 of title 42, U.S.C., "McKinney Vento Homeless Assistance Act" (m) Section 2668a of title 10, U.S.C. (n) Section 470, et seq., of title 16, U.S.C., "The National Historic Preservation Act" (0) Title 43, CFR, Part 2720, "Conveyance of Federally-Owned Mineral Interests," current

edition (P) DoD Instruction 4165.70, "Real Property Management," January 6,2005 (q) Executive Order 11988, "Floodplain Management," May 24, 1977 (r) Executive Order 11990, "Protection of Wetlands," May 24, 1977 (s) Section 120(h) of the Comprehensive Environmental Response, Compensation, and

Liability Act of 1980 (CERCLA) (Section 9620(h) of title 42, U.S.C.) (t) Report of Excess Real Property (Standard Fonu 118) (u) Section 2665 of title 10, U.S.C. (v) Section 330 of Public Law 102-484, "The National Defense Authorization Act for Fiscal

Year 1993"

13 ENCLOSURE 1

DoDI4165.72, December 21,2007

E2. ENCLOSURE 2

CERCLA 120(h) CLAUSES

TEXT OF CLAUSES PROVIDED PURSUANT TO SECTION 120(h) OF CERCLA (Reference (s»

[USER NOTE: UPON USE, DELETE MATERIAL IN SQUARE BRACKETS. THE MATERIAL IN BOLD CURLY BRACKETS IS TO BE FILLED IN OR A SELECTION MADE.]

E2.1-DEPARTMENT OF DEFENSE UNIFORM NOTICE, DESCRIPTION, ACCESS RIGHTS, AND COVENANTS FOR SECTION 120(h)(3) OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,

COMPENSATION, AND LIABILITY ACT OF 1980 (42 U.S.C. § 9620(h)(3»

E2.1.1. "_. Property Covered by Notice, Description, Access Rights, and Covenants Made Pursuant to Section 120(h)(3)(A) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. § 9620(h)(3)(A»:"

[OPTION #1: FOR USE WHERE THE 120(h) CLAUSES ONLY APPLY TO CERTAIN PARCELS OF THE TOTAL PROPERTY.]

"For parcels of the property, the Grantor provides the following notice, description, and covenants and retains the following access rights:"

[OPTION #2: FOR USE WHERE THE 120(h) CLAUSES APPLY TO THE ENTffiE PROPERTY.]

"For the property, the Grantor provides the following notice, description, and covenants and retains the following access rights:"

E2.1.2. "_. Notices Pursuant to Section 120(h)(3)(A)(i)(I) and (II) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.c. § 9620(h)(3)(A)(i)(I) and (II»:"

[OPTION #1: FOR LENGTHY NOTICES, SET FORTH THE DETAILED INFORMATION IN AN EXHIBIT TO THE DEED AND INCORPORATE IT BY THIS REFERENCE.]

"Pursuant to section 120(h)(3)(A)(i)(I) and (II) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.c. § 9620(h)(3)(A)(i)(I) and (II», available information regarding the type, quantity, and location of hazardous substances and the time at which such substances were stored, released, or disposed of, as defmed in section 120(h), is provided in Exhibit _, attached hereto and made a part hereof."

[OPTION #2: FOR BRIEF NOTICES, SET FORTH THE DETAILED INFORMATION IN THE NOTICE ITSELF.]

14 ENCLOSURE 2

DoD! 4165.72, December 21,2007

"Pursuant to section 120(h)(3)(A)(i)(I) and (II) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. § 9620(h)(3)(A)(i)(I) and (II)), notice is hereby provided that {INSERT DESCRIPTION OF TYPE, QUANTITY, AND LOCATION OF

HAZARDOUS SUBSTANCES} {was/were} {stored/released/disposed of} on the property on or about {INSERT DATES IF KNOWN FOR SUCH STORAGE, RELEASE, OR DISPOSAL OF HAZARDOUS

SUBSTANCES}. "

E2.1.3. "_. Description of Remedial Action Taken, if Any, Pursuant to Section 120(h)(3)(A)(i)(IU) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.c. § 9620(h)(3)(A)(i)(UI):"

[OPTION #1: FOR LENGTHY DESCRIPTIONS, SET FORTH THE DETAILED INFORMATION IN AN

EXHffiIT TO THE DEED AND INCORPORATE IT BY THIS REFERENCE.]

"Pursuant to section 120(h)(3)(A)(i)(III) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. § 9620(h)(3)(A)(i)(III)), a description of the remedial action taken, if any, on the property is provided in Exhibit _, attached hereto and made a part hereof."

[OPTION #2: FOR BRIEF DESCRIPTIONS, SET FORTH THE DETAILED INFORMATION IN THE

NOTICE ITSELF.]

"Pursuant to section 120(h)(3)(A)(i)(III) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. § 9620(h)(3)(A)(i)(III)), a remedial action consisting of {FILL IN DESCRIPTION OF THE REMEDIAL ACTION} has been taken on the property. "

E2.1.4. "_. Covenant Pursuant to Section 120(h)(3)(A)(ii) and (B) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.c. § 9620(h)(3)(A)(ii) and (B»:

"Pursuant to section 120(h)(3)(A)(ii) and (B) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. § 9620(h)(3)(A)(ii) and (B)), the United States warrants that-

"(a) 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)(I) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 remaining on the property has been taken before the date of this deed, and

"(b) any additional remedial action found to be necessary after the date of this deed shall be conducted by the United States."

15 ENCLOSURE 2

DoD! 4165.72, December 21,2007

E2.1.S. "_. Access Rights Pursuant to Section 120(h)(3)(A)(iii) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. § 9620(h)(3)(A)(iii»:

"The United States retains and reserves a perpetual and assignable easement and right of access on, over, and through the property, to enter upon the property in any case in which a remedial action or corrective action is found to be necessary on the part of the United States, without regard to whether such remedial action or corrective action is on the property or on adjoining or nearby lands. Such easement and right of access includes, without limitation, the right to perform any environmental investigation, survey, monitoring, sampling, testing, drilling, boring, coring, testpitting, installing monitoring or pumping wells or other treatment facilities, response action, corrective action, or any other action necessary for the United States to meet its responsibilities under applicable laws and as provided for in this instrument. Such easement and right of access shall be binding on the grantee and its successors and assigns and shall run with the land.

"In exercising such easement and right of access, the United States shall provide the grantee or its successors or assigns, as the case may be, with reasonable notice of its intent to enter upon the property and exercise its rights under this clause, which notice may be severely curtailed or even eliminated in emergency situations. The United States shall use reasonable means to avoid and to minimize interference with the grantee's and the grantee's successors' and assigns' quiet enjoyment of the property. At the completion of work, the work site shall be reasonably restored. Such easement and right of access includes the right to obtain and use utility services, including water, gas, electricity, sewer, and communications services available on the property at a reasonable charge to the United States. Excluding the reasonable charges for such utility services, no fee, charge, or compensation will be due the grantee, nor its successors and assigns, for the exercise of the easement and right of access hereby retained and reserved by the United States.

"In exercising such easement and right of access, neither the grantee nor its successors and assigns, as the case may be, shall have any claim at law or equity against the United States or any officer or employee of the United States based on actions taken by the United States or its officers, employees, agents, contractors of any tier, or servants pursuant to and in accordance with this clause: Provided, however, that nothing in this paragraph shall be considered as a waiver by the grantee and its successors and assigns of any remedy available to them under the Federal Tort Claims Act."

E2.2-DEPARTMENT OF DEFENSE UNIFORM 120(h) CLAUSES FOR SECTION 120(h)(3)(C)(iii) OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT

OF 1980 (42 U.S.C. § 9620(h)(3)(C)(iii»

E2.2.1. "_. Property Covered by Notice, Description, Assurances, Access Rights, and Covenants Made Pursuant to Section 120(h)(3)(A) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. § 9620(h)(3)(A»:"

16 ENCLOSURE 2

DoD1 4165.72, December 21, 2007

[OPTION #1: FOR USE WHERE THE 120(h) CLAUSES ONLY APPLY TO CERTAIN PARCELS OF THE

TOTAL PROPERTY.]

"For parcels of the property, the Grantor provides the following notice, description, assurances, and covenants and retains the following access rights:"

[OPTION #2: FOR USE WHERE THE 120(h) CLAUSES APPLY TO THE ENTIRE PROPERTY.]

"For the property, the Grantor provides the following notice, description, assurances, and covenants and retains the following access rights:"

E2.2.2." . Covenant Pursuant to Section 120(h)(3)(A)(ii)(II) and (B) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. § 9620(h)(3)(A)(ii)(II) and (B)):

"Pursuant to section 120(h)(3)(A)(ii)(II) and (B) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. § 9620(h)(3)(A)(ii)(II) and (B», the United States warrants that any additional remedial action found to be necessary after the date ofthis deed shall be conducted by the United States."

E2.2.3. "_. Assurances Pursuant to Section 120(h)(3)(C)(ii) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. § 9620(h)(3)(C)(ii)):

"Pursuant to section 120(h)(3)(C)(ii) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. § 9620(h)(3)(C)(ii», the United States provides the following response action assurances:

{(1) INSERT DESCRIPTION AND ASSURANCE OF ANY NECESSARY RESTRICTIONS ON THE USE OF

THE PROPERTY TO ENSURE THE PROTECTION OF HUMAN HEALTH AND THE ENVIRONMENT;

(2) INSERT DESCRIPTION AND ASSURANCE OF ANY RESTRICTIONS ON USE NECESSARY TO

ENSURE THAT REQUIRED REMEDIAL INVESTIGATIONS, RESPONSE ACTION, AND OVERSIGHT

ACTIVITIES WILL NOT BE DISRUPTED;

(3) INSERT ASSURANCE THAT ALL NECESSARY RESPONSE ACTION WILL BE TAKEN AND IDENTIFY

THE SCHEDULES FOR INVESTIGATION AND COMPLETION OF ALL NECESSARY RESPONSE ACTION

AS APPROVED BY THE APPROPRIATE REGULATORY AGENCY; AND

(4) INSERT ASSURANCE THAT THE DoD COMPONENT WILL SUBMIT A BUDGET REQUEST TO THE

DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET THAT ADEQUATELY ADDRESSES

SCHEDULES FOR INVESTIGATION AND COMPLETION OF ALL NECESSARY RESPONSE ACTION,

SUBJECT TO CONGRESSIONAL AUTHORIZATIONS AND APPROPRIATIONS.}"

17 ENCLOSURE 2

DoD! 4165.72, December 21,2007

[USER NOTE: THE FOLLOWING 120(h) CLAUSE GRANTED PURSUANT TO SECTION 120(h)(3)(C)(iii) IS GRANTED WHEN ALL RESPONSE ACTION NECESSARY TO PROTECT HUMAN

HEALTH AND THE ENVIRONMENT WITH RESPECT TO ANY SUBSTANCE REMAINING ON THE PROPERTY ON THE DATE OF TRANSFER HAS BEEN TAKEN:]

E2.2.4. "_ Warranty Pursuant to Section 120(h)(3)(C)(iii) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.c. § 9620(h)(3)(C)(iii»:

"Pursuant to section 120(h)(3)(C)(iii) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.c. § 9620(h)(3)(C)(iii», the United States warrants that all response action necessary to protect human health and the environment with respect to any substance remaining on the property on the date of transfer has been taken."

E2.3-DEPARTMENT OF DEFENSE UNIFORM 120(h) CLAUSES FOR SECTION 120(h)(4) OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT OF 1980

(42 U.S.C. § 9620(h)(4»

E2.3.1. "_. Property Covered by Covenant and Access Rights Made Pursuant to Section 120(h)(4)(D) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. § 9620(b)(4)(D»:"

[OPTION #1: FOR USE WHERE THE 120(h) CLAUSES ONLY APPLY TO CERTAIN PARCELS OF THE TOTAL PROPERTY.]

"For parcels of the property, the Grantor provides the following covenants and retains the following access rights:"

[OPTION #2: FOR USE WHERE THE 120(b) CLAUSES APPLY TO THE ENTIRE PROPERTY.]

"For the property, the Grantor provides the following covenants and retains the following access rights:"

E2.3.2. "_. Covenant Pursuant to Section 120(b)(4)(D)(i) ofthe Comprebensive Environmental Response, Compensation, and Liability Act of 1980 (42 V.S.c. § 9620(b)( 4)(D)(i»:

"Pursuant to section 120(h)(4)(D)(i) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.c. § 9620(h) (4) (D) (i», the United States warrants that any response action or corrective action found to be necessary after the date of this deed for contamination existing on the property prior to the date of this deed shall be conducted by the United States."

18 ENCLOSURE 2

DoD! 4165.72, December 21,2007

E2.3.3. "_. Access Rights Pursuant to Section 120(h)(4)(D)(ii) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. § 9620(h)(4)(D)(ii»:

"The United States retains and reserves a perpetual and assignable easement and right of access on, over, and through the property, to enter upon the property in any case in which an environmental response or corrective action is found to be necessary on the part of the United States, without regard to whether such environmental response or corrective action is on the property or on adjoining or nearby lands. Such easement and right of access includes, without limitation, the right to perform any environmental investigation, survey, monitoring, sampling, testing, drilling, boring, coring, testpitting, installing monitoring or pumping wells or other treatment facilities, response action, corrective action, or any other action necessary for the United States to meet its responsibilities under applicable laws and as provided for in this instrument. Such easement and right of access shall be binding on the grantee and its successors and assigns and shall run with the land.

"In exercising such easement and right of access, the United States shall provide the grantee or its successors or assigns, as the case may be, with reasonable notice of its intent to enter upon the property and exercise its rights under this clause, which notice may be severely curtailed or even eliminated in emergency situations. The United States shall use reasonable means to avoid and to minimize interference with the grantee's and the grantee's successors' and assigns' quiet enjoyment of the property. At the completion of work, the work site shall be reasonably restored. Such easement and right of access includes the right to obtain and use utility services, including water, gas, electricity, sewer, and communications services available on the property at a reasonable charge to the United States. Excluding the reasonable charges for such utility services, no fee, charge, or compensation will be due the grantee, nor its successors and assigns, for the exercise of the easement and right of access hereby retained and reserved by the United States.

"In exercising such easement and right of access, neither the grantee nor its successors and assigns, as the case may be, shall have any claim at law or equity against the United States or any officer, employee, agent, contractor of any tier, or servant of the United States based on actions taken by the United States or its officers, employees, agents, contractors of any tier, or servants pursuant to and in accordance with this clause: Provided, however, that nothing in this paragraph shall be considered as a waiver by the grantee and its successors and assigns of any remedy available to them under the Federal Tort Claims Act."

19 ENCLOSURE 2

DoD! 4165.72, December 21,2007

E3. ENCLOSURE 3

Table ofCERCLA 120Ch) Clauses

.... .'. Categories of CERCLA120(h) clause requ,jtements: . 120(h)(3)i 120(h)(3)(C) 120(h)(4)

............. ,. •........ ., •. ' . Applicable clau.sesfor:,eachcategofy: . . .•••.•.•.....•... •. ..... . , E2.1.1. E2.2.1. E2.3.1. E2.1.2. E2.1.2. E2.3.2. E2.1.3. E2.1.4.L

E2.1.5.

E2.1.3. E2.2.2.L E2.2.3. E2.1.5.

Afteiall respqIlse'aCtiol1s have been taken:';

E2.2.1.2 E2.2.4?

i But excluding those properties subject to deferral under paragraph l20(h)(3)(C).

E2.3.3.

2 These clauses shall not be provided in any case in which the person or entity to whom the real property is transferred is a potentially responsible party with respect to such property.

20 ENCLOSURE 3