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A167AL This page is part of your document - DO NOT DISCARD 20090619863 • � I IIII IIII IIIIIIIIIIIIII IIIIIIIII III IIIII II IIIII II I I (IIII II II + + Recorded /Filed in Official Records { Recorder's Office, Los Angeles County, rt California 04128/09 AT 02:02PM P0011 FEES: 0.00 TAXES: 0.00 OTHER: 0.00 PAID: 0.00 SEQ: 01 DAR - Counter (Hard Copy) IIIIIIVIYIIIAINIIV' III�IRIYAIIY 'lllllllll�lllllllllllllll - 9VIIY�IIBVII�IVIIINNNIIIIII 'h�IRlllll��l'I�IMIItltlN - IIIINIIIIIIInIIINIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIItIInIIIIIINIIIIIIIIIIIIIIIIIIIIIIII LEADSHEET (b IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII g 00000434410 w IVIIIIIIIIIIINIIIfYII�IIINIVI � SEQ: 01 DAR - Counter (Hard Copy) IIIIIIVIYIIIAINIIV' III�IRIYAIIY 'lllllllll�lllllllllllllll - 9VIIY�IIBVII�IVIIINNNIIIIII 'h�IRlllll��l'I�IMIItltlN - 65523 DEPARTMENT OF THE AIR FORCE GRANT OF EASEMENT THE UNITED STATES OF AMERICA, acting by and through the Secretary of the Air Force, having an office at Los Angeles Air Force Base (LAAFB), 483 N. Aviation Blvd., El Segundo, CA 90245 (the "grantor "), under and pursuant to the authority contained in 10 U.S.C. § 2668, for and in consideration of other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, grants and conveys, subject to the terms set out in this Grant of Easement (the "grant "), to the City of El Segundo, a local government of the state of California, with offices at 350 Main Street, El Segundo CA 90245 (the "grantee "), a nonexclusive easement for a term of 25 years from the date hereof, an easement for the construction, use, inspection, improvement, operation, maintenance and repair of Douglas Street (formerly known as Northrop Street) on, above, under, and across LAAFB, located in the City of El Segundo, County of Los Angeles, and state of California. The Secretary of the Air Force has determined the granting of this easement is not against the public interest. It has been determined widening this road will facilitate safer entry to and egress from LAAFB and will thus serve the best interests of public safety and the personnel of LAAFB. Therefore, a mutual exchange of good and valuable consideration is provided. The granting of the easement does not interfere with the mission of the Space and Missile Systems Center or LAAFB. The attached Exhibit A contains description of easement area and Exhibit B contains "Environmental Impact Analysis" attached hereto and made a part hereof. In this grant, unless the context states otherwise, "grantee," if a legal entity, includes the successors and assigns of the grantee, or if a natural person, the heirs, personal representatives and assigns of the grantee. "Grantor" means the assigns of The United States of America, any successor entity of the Department of the Air Force, and any successor of the office of, or to, the Secretary of the Air Force. TOGETHER WITH the right in the grantee and its authorized agents, contractors, and employees, to enter upon the easement area to construct, use, inspect, improve, operation, repair and maintain Douglas Street, within the easement area. AND TOGETHER WITH the right in the grantee, at no expense to the grantor, to cut, remove, trim, or otherwise control all trees, brush, and other growth on or overhanging the easement area. AND TOGETHER WITH the right to use the walkways, streets, and roads on LAAFB in common with the grantor for access to and from the easement area and the nearest public streets and highways; and UNDER AND SUBJECT to the following: 1. Rights of Third Parties. This grant is made subject to existing utility and other public and private easements, and rights, restrictions, covenants, and conditions affecting or pertaining to the easement area, and any set of facts apparent on the ground or that an accurate survey would disclose. 2. No Obstructions: The grantor will not construct, erect, or place any objects, buildings, structures, signs, or wells of a permanent nature on, under or over the easement area after the PCD: 70962; 33/14; 04/13/09 65523 date of this grant that will unreasonably interfere with the purposes set out in this grant, subject however, to the rights of the grantor contained in the reservation clause of this grant. 2.1 Whenever the grantee performs any work under this grant which requires removal or excavation of soil or paved surfaces on the easement area, it will obtain the prior written approval of the grantor. 2.2 The grantee will restore the easement area promptly to substantially the same or substantially similar condition that existed immediately prior to the removal or excavation. 3. General Indemnity: The grantee will, to the extent permitted by law, indemnify and defend the grantor, its agents and employees, from and against any loss, damage, claim, or liability whatsoever resulting in personal injury or death, or damage of property of the grantor and others, directly or indirectly due to the negligent exercise by the grantee of any of the rights granted by the grant, or any other negligent act or omission of the grantee, including failure to comply with the obligations of this grant or of any applicable laws that may be in effect from time to time. 4. Limitation of Rights: Except as is reasonably required to effect the purpose of this grant, the grantee has no right of use, license, easement, servitude, or usufruct, for any purpose, by necessity or otherwise, express or implied, on, over, across, or under any of the real property of the grantor, and the grantee agrees not to assert any such right or interest by reason of this grant. 4.1 To the extent applicable to the grantee and the uses and purposes under this grant, the grantee will comply with all applicable federal, state, and local laws and regulations related to flood plain areas. 4.2 The grantee will comply with any applicable Air Force spill prevention control and countermeasure plan and any applicable hazardous materials or hazardous wastes plan. 5. Damage to Air Force Propert y: The grantee agrees to repair and restore, at its sole expense, any damage caused to Air Force real or personal property, wherever located on LAAFB or the easement area, while performing any work or while an active or passive activity occurs on the easement area. The grantee also agrees to replace and relocate at its sole expense any building or other facility this grant renders useless or less useful. The following conditions apply to this section 5: 5.1 Relocating a building or other structure cannot substantially change its design characteristics. 5.2 Replacement of a building or other structure must include the same category, construction, size and capacity as those being replaced. 5.3 Relocation or replacement will be undertaken only to buildings and structures still needed by the Air Force. 5.4 Relocation and replacement must include site restoration. 2 PCD: 70962; 33/14; 04/13/09 i 65523 5.5 In the event the grantee is unable to determine whether it is more economically feasible to make repairs to a damaged structure or to restore it completely to its original condition, the grantee will deliver its estimate(s) for each to the grantor and grantor will make a decision on how to proceed. 6. Environmental Remediation: In the exercise of any rights under this grant, the grantee will not conduct, or permit to be conducted, any activities, or allow any condition, that disrupts any environmental remediation activities of the grantor on the easement area, or on any premises adjacent or contiguous to the easement area, or that would adversely affect the effectiveness of those remediation activities, including, without limitation, 6.1 Application upon the surface of the easement area of water that could impact the migration of contaminated ground water; 6.2 Subsurface drilling or use of ground water drawn from the upper -most aquifer, unless the grantor first determines there will be no adverse impacts on its cleanup process; and 6.3 Any construction work that would interfere with, negatively impact, or restrict access to, cleanup work. 7. Environmental Conditions: The grantor discloses to grantee the information described in the attached Exhibit C. The grantee acknowledges it has reviewed, or has been afforded the opportunity to review, the "Environmental Impact Analysis" dated, Mar 08, and any other representations of the grantor contained in exhibits attached to this grant. 8. Environmental Indemnity: The grantee, to the extent permitted by law, will indemnify and defend the grantor, and its employees and agents against, and hold them harmless from, all debts, obligations, liabilities, suits, claims, demands, causes of action, damages, losses, costs, and expenses, including without limitation, costs associated with any remedial action or corrective action, costs associated with any investigation, monitoring, sampling, testing, or removal of hazardous substance(s), costs of attorney and expert fees and expenses, and court costs in any way relating to, connected with, or arising out of, the discovery of any hazardous substance(s) introduced by the grantee that may contaminate, or contribute to any existing contamination of, the easement area and contiguous or adjoining premises, after the date of this grant. 9. Abandonment of Easement: This grant may be terminated by the grantor for any part of of the easement area not used by the grantee for 24 consecutive months. The grantor will give written notice of such termination to grantee, which will become effective 120 days after the date of such notice. In the event of termination by the grantor, the grantee will, at the grantor's election and cost, either remove all of its improvements from the unused easement area in a good and workmanlike manner within the time set by the grantor (but not less than 90 days), restoring all disturbed surfaces to the same or substantially the same condition that existed prior to such removal, or abandon its improvements in place. 10. Nondiscrimination: The grantee shall not discriminate against any person or persons or exclude any persons from participation in the grantee's operations, programs, or activities conducted by grantee, because of race, color, age, sex, handicap, national origin or religion. The grantee, by accepting this grant, hereby assures grantor the provisions of Title VI of the Civil PCD: 70962; 33/14; 04/13/09 65523 Rights Act, 42 U.S.C. § 2000d; the Age Discrimination Act of 1975, 42 U.S.C. § 6102; the Rehabilitation Act of 1973, 29 U.S.C. § 794; and Department of Defense Directive 5500.11, 27 May 1971, have been met. 11. Remedies for Non - Compliance: In the event the grantee fails to comply with any obligation under this grant, the grantor may pursue monetary damages, equitable relief, or both, and the grantee will reimburse the grantor for its attorney fees and costs. 12. Assignment: The grantee may not assign this grant without the prior written consent of the grantor at Air Force Real Property Agency, Real Estate Division, 1700 N. Moore St., Suite 2300, Arlington, VA 22209. 13. Commencement Date: On 24 Mar 09, or at the conclusion of the current term, this agreement shall be in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand at the direction of the Secretary of the Air Force, the 2, day of , 200 f State of Cr �I Or414 County of Lo,5 Lo, A e eS ss. THE UNITED STATES OF AMERICA by its Secretary of the Air Force By: 6 ANITA EIGNER LA , Colonel, USAF Commander, 61 st Air ase Wing (form of acknowledgment) Notary Public My Commission expires 6120 1 o U. 4 PCD: 70962; 33/14; 04/13/09 State of California County of L OS fingele5 On z ISt 6T fi l 1 2- 6,0 l before me, Personally appeared Awtq E• L Name of Notary and Title) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 0j I Signature - (Seal) ANTONIO D. ARt;ISTR0!,t., SS. Para!-gal 7 Title 10 U. 3. C ?FFICE OF THE ST^P�: 1- �;� 65523 Acceptance The Grantee hereby ccepts this Grant of Easement and agrees to be bound by it. DATED: ,200 CITY OF EL SEGUNDO By: Jack tK,Tnterirn ry Manager Attest: [Printa name and title] Cathy Doa:ann, Deputy City Clerk 5 PCD: 70962; 33/14; 09/26/08 ACCEPTANCE OF EASEMENT by CITY OF EL SEGUNDO This is to certify that the interest in real property conveyed by the deed or grant dated June _, 2008 from The United States of America, acting by and through the Secretary of the Air Force, to the city of El Segundo, a general law city and municipal corporation, is accepted by the undersigned officer on behalf of the City pursuant to authority conferred by City Council Resolution No. 4255 adopted on April 2, 2002 and the City consents to recordation thereof by its duly authorized officer. ATTEST: j!IF1 r id6i Cindy Mort n, City Clerk Karl IK Berger, Assistant City E 40706913.3 C -1 Exhibit A- Description of Easement The westerly 100 feet of the easterly 1415.2 feet of the southeast quarter of Section 7, Township 3 South, Range 14 West, San Bernardino Base and Meridian, Excepting The southerly 50 feet thereof.