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S133RECORDING REQUESTED BY WHEN RECORDED MAIL TO NAME -L CC.) U' I C 1 �� MAILING ��� � �� : No: 55996 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. § 2669, 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 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 to construct, install, maintain, operate and repair twelve inch sewer pipe line on, under and across Los Angeles Air Force Base, located in the City of El Segundo, county of Los Angeles and state of California. The Secretary of the Air Force determined the granting of this easement is not against public interest. The attached Exhibit A contains a surveyed description of the easement (the "easement area "). The easement area is depicted on the attached Exhibit B. 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 in accordance with Air Force Space Command memo dated 17 Jun 05. TOGETHER WITH the right in the grantee and its authorized agents, contractors and employees, to enter upon the easement area to construct, install, maintain, operate and repair 12 inch sewer pipe line. 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 and its lessees 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 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 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. PCD: 70962; 33/14; 09/26/08 No: 55996 2.1 Whenever the grantee performs any work under this grant requiring removal or excavation of soil or paved surfaces on the easement area, it will obtain the prior written approval of the grantor, and the grantee will restore the easement area promptly to substantially the same or substantially similar condition existing 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. 3.1 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. 3.2 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. 3.3 The grantee will comply with any applicable Air Force spill prevention control and countermeasure plan and any applicable hazardous materials or hazardous wastes plan. 4. Damage to Air Force Property. The grantee agrees to repair and restore at its sole expense any damage caused to Air Force real or personal property, wherever located on (in) 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: 4.1 Relocating a building or other structure cannot substantially change its design characteristics. 4.1.2 Replacement of a building or other structure must include the same category, construction, size and capacity as those being replaced. 4.1.3 Relocation or replacement will be undertaken only to buildings and structures still needed by the Air Force. 4.1.4 Relocation and replacement must include site restoration. 4.1.5 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 for a decision on how to proceed. 5. 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 2 PCD: 70962; 33/14; 09 /26/08 No: 55996 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, 5.1 application upon the surface of the easement area of water that could impact the migration of contaminated ground water; 5.2 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 5.3 any construction work that would interfere with, negatively impact, or restrict access to, cleanup work. 6. Environmental Conditions. The grantor discloses to the 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. 7. 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. 8. Environmental Liability of the Grantor. Notwithstanding any other provision of this grant, the grantee does not assume any liability or responsibility for environmental impacts and damage resulting from its activities including, but not limited to, toxic or hazardous wastes, substances, or materials on any portion of LAAFB, including the easement area. The grantee has no obligation under this grant to undertake the defense of any claim or action, whether in existence now or brought in the future, arising out of the use of or release of any toxic or hazardous wastes, substances, or materials on or from any part of LAAFB, including the easement area, prior to the date of this grant. 8.1 For the purposes of this section, "defense" includes liability and responsibility for the costs of damage, penalties, legal and investigative services relating to any use or release. "Use" means any activity or presence (including preparation and construction) on the LAAFB or on the easement area. 8.2 This section does not relieve the grantee of any obligation or liability it might have or acquire with regard to third parties or regulatory authorities by operation of law. 9. Abandonment of Easement. This grant may be terminated by the grantor for any part 3 PCU: 70962; 33/14; 09/26/08 No: 55996 of the easement area not used by the grantee for 24 consecutive months. The grantor will give written notice of such termination, which will become effective 120 days after the date of such notice, unless the grantee commences re -use of the unused easement area. 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 existing 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 on the grantee's premises, because of race, color, age, sex, handicap, national origin or religion. The grantee, by accepting this grant, hereby assures the provisions of Title VI of the Civil Rights Act, as amended (42 U.S.C. 2000d); the Age Discrimination Act of 1975 (42 U.S.C. 6102); the Rehabilitation Act of 1973, as amended (29 U.S.C. 794); and the Department of Defense Directive 5500.11, 27 May 1971, as amended (32 CFR 195) be 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. This agreement shall come into full force and effect on 12 Mar 09. IN WITNESS WHEREOF, I have hereunto set my hand at the direction of the Secretary of the Air Force, the _�_ day of , 200K. 4 I'M 70962; 33/14; 09/26/08 DEPARTMENT OF THE AIR FORCE HEADQUARTERS 61st AIR BASE WING (AFSPC) LOS ANGELES AIR FORCE BASE, CALIFORNIA ADDENDUM NO. 1 This ADDENDUM NO. 1, effective 13 August 08, prepared by the United States of America, Department of Air Force is for the sole purpose of correcting the signature block page of easement No. 55996. Corrections are being made due to change in command. Insert: THE UNITED STATES OF AMERICA by its Secretary of the Air Force By. ANITA EIGNE .ATIN, Colonel, USAF Commander Delete: THE UNI'T'ED STATES OF AMERICA by its Secretary of the Air Force By: JOSEPH H. SCHWARZ, Colonel, USAF Commander All other terms and conditions of said grant shall remain in force and effect. State of ss. County of (form of acknowledgment) THE UNITED STATES OF AMERICA by its Secretary of the Air Force C No: 55996 JOSEPH H. SCHWARZ, Colonel, USAF Commander, 61 st Air Base Wing Notary Public My Commission expires Acceptance The Grantee hereby accepts this Grant of Easement and agrees to be bound by it. DATED: �� , 200 CITY OF EL SEGUNDO By: Jack ayt, Interim ty Manager Attest: (UYWL- Printed name and title Ca-FA4 'L)oVha-0'' &-Nutt' Q,ty U'elk - 5. PCn: 70962:33/14; 05/28/08 June 27, 2008 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) On June 27, 2008, before Cathy Domann, Deputy City Clerk, personally appeared Jack Wayt, Interim City Manager of the City of El Segundo, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to on the within instrument, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or entity upon behalf of which the persons acted, executed the instrument. Witness my hand and Official Seal Cathy Dom n, Deputy City Clerk Clorms \certsig 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. 425 adopted on April 2, 2002 and the City consents to recordation thereof by its duly authorized officer. Ja wayt. Interim City M AT41';ST: Cindy rtesen. Citv Clerk �r APPROV A�`F.D, -ORM: Mark ley, At ;orney Marl H. Berger. f Assistant City A>Igkney 1070691 :3 C_ I l� 1,7- 7 �� Date 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 May , 2008 from The United States of America, acting by and through the Secretary of the Air Force, to the city of E1 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. Jack Wayt, Interim City Manager ATTEST: Cindy Mortesen, City Clerk APPR/ne Mark As sistant City Attor/ 40706913 3 C- 1 Date No. 55996 Exhibit A- Description of Premises Easement for twelve (12) inch sewer pipe line hereinafter referred to as the Easement Area: That portion of the East Half of Section 7, Township 3 South, Range 14 West, San Bernardino Base and Meridian, in the Rancho Sausal Redondo, in the City of El Segundo, County of Los Angeles, State of California, as shown on map filed in Case No. 11629 of the Superior Court of the State of California, in and for the County of Los Angeles, being a strip of land 10 feet in width, the Westerly side line of which is described as follows: Beginning at a point of intersection of the Northerly line of El Segundo Boulevard and the Easterly line of said Section 7, thence Westerly along said Northerly line of El Segundo Boulevard, a distance of 1415.20 feet, to its intersection with the Southerly prolongation of the Westerly line of Douglas Street, 150 feet in width (formerly Northrop Street), said intersection being the TRUE POINT OF BEGINNING of this right of way; thence Northerly along said Southerly prolongation of the Westerly line of Douglas Street, to the Southerly line of the Northeast Quarter of said Section 7 and the end of this right of way. The Easterly side line of the above described right of way shall be prolonged or shortened so as to terminate in the Northerly and Southerly boundaries of grantor's property. Containing 0.60 acre, more or less. Exhibit "C" Environmental Impact Analysis- AF 813 Form REQUEST FOR ENVIRONMENTAL IMPACT ANALYSIS Report Control Symbol RCS: INSTRUCTIONS Section I to be completed by Proponent, Sections II and ill to be completed by Environmontal Planning Function. Continue on separate sheets as necessary Reference appropriate item number(s). SECTION 1 - PROPONENT INFORMATION 1. TO (Environmental Planning Function) 2. FROM (Proponent organization and functional address symbol) 2a. TELEPHONE NO. 610ELSiCLCV 61CF.LS /CLCR 310- 653 -5495 3. TITLE OF PROPOSED ACTION Renewal of 12" Inch Sewer Pipeline to City of El Segundo, California 4. PURPOSE AND NEED FOR ACTION (identify decision tc be made and need date) City of El Segundo is requesting to renew their easement which will expire Mar 11, 2009. Completing Environmental Impact Analysis according to AFI -32 -7061 5. DESCRIPTION OF PROPOSED ACTION AND ALTERNATIVES (DOPAA) (Provide sufficient details for evaluation of the total action) Granting City of F.1 Segundo temporary use of Air Force Real Property. pending completion of easement process 6. PROPONENT APPROVAL (Name and Grade) 6a. SIGNATURE 61,. DATE MARK N. NEULANDER, Lt Col, USAF ���� /���y,//� i �•� —/��8 �l Commander X SECTION II - PRELIMINARY ENVIRONMENTAL SURVEY. (Check appropriate box and describe potential environmental effects + 0 - U Including cumulative effects.) (+ = positive eNect; 0 = no effect; - = adverse effect; U= unknown effect) T AIR INSTALLATION COMPATIBLE USE ZONEILAND USE (Noise, accident potential, encroachment, etc.) ❑ ® ❑ ❑ 8. AIR QUALITY (Emissions, attainment status, state implementation plan, etc.) ❑ ® ❑ ❑ 9. WATER RESOURCES (Quality, quantity, source. etc.) ❑ ® ❑ ❑ 10 SAFETY AND OCCUPATIONAI HEALTH (Asbestoslradiationlchemical exposure. explosives safety quantity - distance, bird /wildlife ❑ ® ❑ r-1 LJ aircraft haLard, etc) 11. HAZARDOUS MATERIALS/WASTE (Uselstoragelgeneration, solid waste, etc) ❑ ® ❑ ❑ 12. BIOLOGICAL RESOURCES (Wettandslfloodplains, threatened or endangered species, etc) ❑ ® ❑ ❑ 13. CULTURAL RESOURCES (Native American burial sites, archaeological, historical, etc.) ❑ ® ❑ ❑ 14. GEOLOGY AND SOILS (Topography, minerals, geothermal, installation Restoration Program, seismicity, etc.) ❑ ® ❑ ❑ 15 SOCIOECONOMIC (Employmentlpopulation pro)ections, school and local fiscal impacts, etc.) ❑ ® ❑ ❑ 16 OTHER (Potential impacts not addressed above.) ❑ ® ❑ ❑ SECTION 111 - ENVIRONMENTAL ANALYSIS DETERMINATION 17 Z PROPOSED ACTION QUALIFIES FOR CATEGORICAL EXCLUSION (CATEX) #A2.3.7 : OR PROPOSED ACTION DOES NOT QUALIFY FOR A CATEX: FURTHER ENVIRONMENTAL, ANALYSIS IS REQUIRED. 18. REMARKS REMARKS: SMC Environmental Management and Legal Advisor reviewed this project. IAW 32 CFR Part 989, this proposed action qualifies for CA FEX A2.3.7, Continuation or resumption of pre - existing actions, where there is no substantial change in existing conditions or existing land uses and where the actions were originally evaluated in accordance with applicable law and regulations, and surrounding circumstances have not changed. In addition. the proposed action qualifies for CATEX A2.3.19, Granting casements, leases, licenses, rights of entry and permits to use Air Force controlled property for activities that, if conducted by the Air Force, could be categorically excluded in accordance with this attachment. 19. ENVIRONMENTAL PLANNING FUNCTION CERTIFICATION 19a. SIGNATURE 19b. DATE (Name and Grade) Jason F Billings, ILt, USAF r ` t ~ /`1 � „r•� `t ��u✓ AF IMT 813, 19990901, V1 i nib rVKM k Ur43JLIL//i 1 ea Mr rWMMJ O1 J^n ­c i yr w�,ur PREVIOUS EDITIONS OF BOTH FORMS ARE OBSOLETE.