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W0673975 . This page is part of your document - DO NOT DISCARD E4M"l II��II�NVII�NIIIflI�IIIYII�NVII�IIIUVI�IIVII�IIAIII�UVIIII� LEADSHEET IIIIIIIIBIIIIIII�IIIIIUIRVI�IAIIIIIYIIII�I�IIII��uI�Vlllll� 00000894216 wu�ti�mn�un SEQ: 01 DAR Counter mWWmCmA�oiM THIS FORM IS NOT TO BE DUPLICATED 20091094189 + � Pages: � 1 0016 + + ♦ Recorded /Filed in Official Records Recorder's Office, Los Angeles County, California x c�uPORI 07120109 AT 01:32PM FEES: 0.00 AUG 0 5 1009 TAXES: 0.00 OTHER: 0.00 PAID: 0.00 E4M"l II��II�NVII�NIIIflI�IIIYII�NVII�IIIUVI�IIVII�IIAIII�UVIIII� LEADSHEET IIIIIIIIBIIIIIII�IIIIIUIRVI�IAIIIIIYIIII�I�IIII��uI�Vlllll� 00000894216 wu�ti�mn�un SEQ: 01 DAR Counter mWWmCmA�oiM THIS FORM IS NOT TO BE DUPLICATED 39 75 56006 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, 483 N. Aviation Blvd., El Segundo, CA, 90245 (the "grantor" ), under and pursuant to the authority contained in 10 U.S.C. § 2669 as further delegated by the Air Force Space Command to the Commander, 61 st Air Base Wing by AFSPC memorandum of 17 June 2005, Subj: "Delegation of Authority, Real Property Ingrants and Outgrants (Policy AFSPC /MSEP05006P)," 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 "operate and repair a twelve inch water 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 has determined that granting this easement is not against the 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, 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 operate and repair twelve inch water 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 Los Angeles Air Force Base 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. Riyhts 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 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; 04/15/09 3975•..: 56006 %4W 2.1 Whenever the grantee performs any work under this grant that requires 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 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 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 Los Angeles Air Force Base, 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. 5.5 In the event that the grantee is unable to determine whether it is more economically feasible r�r 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. PCD: 70962; 33/14; 04/15/09 3975. 56006 • • 1� 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 that 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 the grantee the information described in the attached Exhibit C. The grantee acknowledges that 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. 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 Los Angeles Air Force Base, 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 Los Angeles Air Force Base, including the easement area, prior to the date of this grant. 9.1 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 Los Angeles Air Force Base or on the easement area. 9.2 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. PCD: 70962; 33/14; 04/15/09 3975.,,,E 56006 ' r 10. Abandonment of Easement. This grant may be terminated by the grantor for any part of the easement area that is 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 that existed prior to such removal, or abandon its improvements in place. 11. 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 that 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, have been met." 12. 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. 13. 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. 14. Commencement Date. On April 2, 2009, or at the conclusion of the current term, this agreement shall be in full force and effect. IN WITNESS WHEREOF, I have he u set my hand at the direction of the Secretary of the Air Force, the ----- day of , 200 _1. THE UNITED STATES OF AMERICA by its Secretary of the Air Force PCD: 70962; 33/14; 04/15/09 By: ANITA EIGNER vA TIN, Colonel, USAF Commander, 61 s it Base Wing State of California County of t-05 AVlq :° 5 On 17 Tu dV ZQDG before me, Personally appeared El 3975•.iJ vTCi14 0 G. A �: "STRONG (insert 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 er their authorized capacity(ies), and that by hisAEDtheir 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. Signature Seal) Paralegal 10 U.S.C. 110448 State of GA I lfofni4 County of L65 Pm 5 (form of acknowledgment) ss. 39 5 . , - A Se_e A44"6 -Ghe c� dJ• Notary Public My Commission expires) % IZO )d Paralegal 10 U.S.C. §1044a Acceptance The Grantee hereby accepts this Grant of Easement and agrees to be bound by it. DATED: -I Attest: �6mlLtW^ Printed n e and title PCD: 70962; 33/14; 04/15/09 2001_ CITY OF EL SEGUNDO By: Ja /Wayt, w7k tity Manager 56006 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 April 2, 2009, from the United States of America 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. a ayt, City Manager ATTEST: Dat 4nan�- — Ci Mort sen, City Clerk F APPROV ' b T FOV: Mark D,/ Hensley i)y Attor j Kail H. Berger, Assistan! City Attorr, 39°5.,, April 28, 2009 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) On April 17, 2009, before Cathy Domann, Deputy City Clerk, personally appeared Jack Wayt, 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 DdYnann, Deputy City Clerk PCD: 70962; 33/14; 04/15/09 Exhibit "A" Legal Description of Easement 39 i' 5 . 56006 M 3975 • . • 56006 Exhibit A- Description of Easement Easement for twelve (12) inch water pipe line, hereinafter referred to as the Easement Area: A portion of the East one -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 file in Case No. 11629 of the Superior Court in and for said County, being a strip of land 5.00 feet in width, lying adjacent to extending 5.00 feet westerly, when measured at right angels, from the following- described easterly boundary line: Beginning at the Southwest corner of that certain parcel of land described in Deed recorded on March 3, 1949, as Document 4042 -R, Torrens Ctf. VG 72019 and VG 72020, and as Documents 1308 and 1309 in Book 29501, Pages 355 and 367, of Official Records, in the Office of the Recorder of said County, said corner being more particularly described as the intersection of the northerly line of El Segundo Blvd. with the southerly prolongation of the westerly line of Northrup Street (Douglas Street), (150.00 feet wide); thence easterly along said northerly line of El Segundo Blvd. 50.00 feet to the true point of beginning, being a point in a line which is parallel with and lies distant 1365.20 feet westerly of the East line of said Section 7, and also lies parallel with and 50.00 feet easterly, measured at right angles from said southerly prolongation; thence northerly along said parallel line to the South line of the Northeast Quarter of said Section 7, containing 0.30 acres, more or less PCD: 70962; 33/14; 04/15/09 �J PCD: 70962; 33/14; 04/15/09 Exhibit "B" Easement area- aerial view J6006 39 ; . � ,, .. !7 � l J loo r Exhibit "C" Environmental Impact Analysis- AF 813 Form 3975.,.is . ---- -, REQUEST FOR ENVIRONMENTAL IMPACT ANALYSIS Repoli Centro! Symbol RCS: INSTRUCTIONS: Section I to be completed by Proponent: Sections Il and 111 to be completed by Environmental Planning Function. Continue on separate sheets as necessary. Reference appropriate item nurnbor(s). SECTION I • PROPONENT INFORMATION 1, TO (Environmental Planning Function) 2. FROM (Proponent organization and functional address symbol) 2a. TELEPHONE NO. 61CL-LS /CLCV 610ELS /CLLR 310 -653 -5495 3. TIT LE OF PROPOSED ACTION Renewal of 12" Inch Water Pipeline to City of El Segundo, California 4 PURPOSE AND NEED FOR ACTION (Identify decision to be made and need date) City ofEI Segundo is requesting to renew their casement which will expire April 01. 2009. Completing Environmental impact Analysis according to A1-1 -32 -7061 5 DESCRIPTION OF PROPOSED ACTION AND ALTERNATIVES (DOPAA) (Provide sufficient details for evaluation of the total action.) Granting City of El Segundo temporary use of Air Force (teal Property, pending completion of casement process 6. PROPONENT APPROVAL (Name and Grade) MARK N. NEULANDER, Lt C01, USAF 6a. SIGNATURE \ :��� 6b. DATE `ri`l'z0.3 c ✓2� Gemmaqdw SECTION II - PRELIMINARY ENVIRONMENTAL SURVEY. (Check appropriate box and describe poteatialenwronmentaleffects 0 - U Including cumulative effects.) (+ = positive effect: 0 = no offect - = adverse effect; U= unknown effect) 7 AIR INSTALLATION COMPATIBLE USE ZONE[LAND USE (Noise, accident potential, encroachmen(, etc.) ❑ ® ❑ ❑ b AIR QUALITY (E missions. attainment status, state implementation plan, etc.) ❑ ® ❑ ❑ 9. WATER RESOURCES (Ouality, quantity, source, etc.) ❑ ® ❑ ❑ W SAFETY AND OCCUPATIONAL HEALTH (Asbostoslradiationlchemical exposure, explosives safety quantity- distance, birdlwildlife ❑ ® ❑ ❑ aircraft hazard, etc.) 11, HAZARDOUS MATERIALSANASTE (UsolstoragclgeneraLon, solid waste, etc.) ❑ ® ❑ ❑ 12. BIOLOGICAL RESOURCES (Wetlandsrfloodelains, threatened or endangered species, etc.) ❑ ® ❑ ❑ 13 CULTURAL RESOURCES (Nativo American burial sites archaeological, historical, etc.) ❑ ® ❑ ❑ 14. GEOLOGY AND SOILS (Topography, minurals, geothermal, Installation Restoration Program, seismicity, etc.) ❑ ® ❑ ❑ 15 SOCIOECONOMIC fEmploymendpopulation projections, school and local fiscal impacts, etc.) ❑ ® ❑ ❑ ❑ ® ❑ ❑ 16. OTHER (Potential impacts not addressed above.) SECTION III - ENVIRONMENTAL ANALYSIS DETERMINATION 17. PROPOSED ACTION QUALIFIES FOR CATEGORICAL EXCLUSION (CATEX) q A'- S 7 :OR PROPOSED ACTION DOES NOT QUALIFY FOR A CATEX; FURTHER ENVIRONMENTAL ANALYSIS IS REQUIRED. 18. REMARKS Rl,NIARKS: SMC Environmental Management and Legal Advisor reviewed this project. IAW 32 ClR Part 989, this proposed action qualifieS for CATEX 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, Grantine cnsemcrnts, !cases. 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 (Nano and Grade) Jason E Billings, 11.1, USAF `f /v!�✓ n non nwno nc Pe(`F /S� AF IM7 813, 19990901, V1 I ^'J I- ­­ "" "' " - _ . PREVIOUS EDITIONS OF BOTH FORMS ARE OBSOLETE J