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HomeMy WebLinkAbout2009 CON (DEED) U.S. Dept. of Navy - Bayshore BikewayPLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: CITY CLERK OF NATIONAL CITY 1243 National City Blvd National City, CA 91950 AND WHEN RECORDED MAIL TO: CITY CLERK OF NATIONAL CITY 1243 National City Blvd National City, CA 91950 695 1 A C, DOG tt IIIIIIII IIIII INIII0IIINIIIUI IIIIIIIIIIIIII IIII JUL 26, 2010 11:36 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER, COUNTY RECORDER FEES: 0.00 OC: NA PAGES 44 h IM0111IIIIIIIIIIIIIIIIIIIIIIIIIIIIII0IIIIIIIIIIIIIOIIIIIMOIIIIIIIIIIII III THIS SPACE FOR RECORDER'S USE ONLY U. S. GOVERNMENT GRANT OF EASEMENT N6247309RP00068 (Please fill in document title(s) on this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION • Naval Base San Diego, UIC: N00245 Contract Number: N6247309RP00068 EXEMPT FROM RECORDING FEE (Government Code § 6103) EXEMPT FROM DOCUMENTARY TRANSFER TAX (Rev.&Taxation Code San 1 22) it RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: United States of America Commanding Officer Naval Facilities Engineering Command Southwest Attn: Real Estate 1220 Pacific Highway San Diego, CA 92132-5190 Micron_ DALLA - Ci7' CLERK GRANT OF EASEMENT THIS GRANT OF EASEMENT, made this / 7 day of January, 2010. (hereinafter called the "Agreement "), is made by the UNITED STATES OF AMERICA (hereinafter called "GRANTOR"), acting by and through the Department of the Navy, to the City of National City, State of California (hereinafter called "GRANTEE"). WITNESSETH WHEREAS, GRANTOR owns that certain real property identified as Naval Base San Diego, located in the County of San Diego, State of California (hereinafter referred to as the "station"), and WHEREAS, GRANTEE has requested an easement on the Station for the construction, operation, use, maintenance, repair, and replacement of a bikeway on that portion of the Station hereinafter described; and WHEREAS, the Secretary of the Navy has determined that the granting of such easement on the terms and conditions hereinafter stated will not be incompatible with the public interest: NOW THEREFORE, in consideration of GRANTEE's performance of terms and conditions set forth herein, GRANTOR hereby grants to the GRANTEE and its successors and assigns, for a period of twenty-five (25) years from the date hereof, an Easement on the Premises solely for the construction, operation, use, maintenance, and repair of a bikeway. Such Easement being over, along and across the Station together with the right of ingress and egress thereto over the established road of the GRANTOR (hereinafter called the "Premises"), as more particularly described on the Exhibit "A", and shown on the Exhibit "B", attached hereto and made a part hereof. The property subject to the foregoing Easement is approximately 101,593.80 square feet, more or less. 6953 Naval Base San Diego, UIC: N00245 Contract Number: N6247309RP00068 THIS GRANT OF EASEMENT is made by the GRANTOR, and GRANTEE, by its acceptance hereof, specifically agrees to and consents to be bound by the following terms and conditions: 1. The GRANTEE agrees to reimburse the GRANTOR, upon demand, for any expenditure which the GRANTOR may be required to make to comply with any law, ordinance, rule or regulation for the protection of the environment as a result of the GRANTEE's exercise of any of its rights under this Agreement. Any California Environmental Quality Act or National Environmental Policy Act documentation prepared by the GRANTEE in connection with the exercise of the GRANTEE's rights under this Agreement, shall be prepared to also comply with the GRANTOR's requirements and shall be submitted for the review and approval of the Commanding Officer, Naval Facilities Engineering Command Southwest, or his/her designated representative. Any and all permits and clearances procured by the GRANTEE in discharge of its obligations under this paragraph shall also be forwarded to the Commanding Officer, Naval Facilities Engineering Command Southwest. 2. The GRANTEE shall maintain the Premises in good condition and appearance at all times and shall promptly make all repairs thereto that may be necessary for the preservation of the condition and appearance of the Premises and to prevent interference with the GRANTOR's operation and maintenance of the Station. Any damages to the Premises, including but not limited to natural resources shall be repaired by the GRANTEE at its cost and expense to its original, or substantially similar condition. Any required access to the Station shall be coordinated with the Station prior to entry at the earliest opportunity. 3. The GRANTEE agrees to provide at no cost to the GRANTOR for the disposal of trash and garbage for the Premises. 4. The GRANTEE agrees to be responsible for coordinating with other owners of utility lines within the Station which may be affected by the construction, operation, maintenance, repair and replacement of the bikeway. 5. The GRANTEE agrees to maintain, at no cost to the GRANTOR, signs with the following restrictions: a. No Overnight Parking b. Off -Road Vehicles Prohibited c. Radio Transmitting Prohibited d. No Camping e. Bicycles Only f. No Motorized Bicycles, Cycles or Vehicles 6. The GRANTEE's rights hereunder shall be subject to such reasonable rules and regulations as may be prescribed by GRANTOR to assure that the exercise of such rights will not interfere with GRANTOR's activities. 2 6954 Naval Base San Diego, UIC: N00245 Contract Number: N6247309RP00068 7. The Station's Environmental Department shall be notified prior to GRANTEE entering the Premises as well as upon the completion of all work and upon any request for Station access. 8. All work in connection with the construction, operation, maintenance, repair, and replacement of the bikeway shall be done without cost or expense to the GRANTOR, and in accordance with plans previously approved by the Commander, Navy Region Southwest (CNRSW), and Commanding Officer, Naval Facilities Engineering Command Southwest. All activities shall be conducted in accordance with all applicable state and Federal statutes and regulations, which include the National Environmental Policy Act of 1969 (42 U.S.C. §4321 et seq.), and the Federal Endangered Species Act of 1973 (16 U.S.C. §1531 et seq.). The GRANTEE agrees to act in accordance with and be bound by the environmental requirements stated in Exhibit "C", attached hereto and made a part hereof. The GRANTEE shall notify the Command Duty Officer, Naval Base San Diego (NBSD), at (619) 556-1310, of any anticipated maintenance and repair work prior to the start of that work. 9. GRANTEE shall comply with all applicable environmental laws, ordinances, rules, and regulations and all other Federal, State and local laws, ordinances, regulations, and standards that are or may become applicable to GRANTEE's activities on the Premises, in addition Environmental Requirements, Exhibit "D". a. The GRANTEE shall provide notification, by electronic mail or telephone, prior to any activity that has the potential to affect wildlife and/or vegetation within the easement, access roads, or the Station by function of any work done by the GRANTEE. Following such notification, Preactivity Survey Forms required by the Natural Community Conservation Plan (NCCP) shall be faxed or submitted electronically to the Station's Environmental Department prior to contact with the California Department of Fish and Game (CDFG) and the United States Fish and Wildlife Service (USFWS). Preactivity Survey Forms shall be reviewed and compiled by the Station's Environmental Department within 15 working days. If concurrence is granted, notification shall be provided in writing. If modifications are required, notification shall be provided by telephone, with follow-up in the most appropriate form as determined by the Station's Environmental Department. b. To protect against storm water contamination, the GRANTEE shall follow CNRSW established storm water best management practices as provided in the CNRSW Letter dated 27 April 2006, serial # N45/JPBF/0152 (attached hereto as Exhibit "E") for future work on the bikeway. c. The GRANTEE shall comply with San Diego Air Pollution Control District (APCD) rules. Dust shall be kept below APCD Rule 50 limits. The GRANTEE shall also comply with APCD Rule 51 regarding nuisance. Particulate matter will be kept under APCD Rule 52 limits. Products will meet County of San Diego volatile organic compound (VOC) limits. Containers used to store, transfer, apply or otherwise employ materials containing VOCs shall be closed when not in use per APCD Rule 67.17(d) (1). 3 6955 Naval Base San Diego, UIC: N00245 Contract Number: N6247309RP00068 d. Mitigation measures identified in the Natural Community Conservation Plan, for actions that cannot be completed without impacting natural resources, shall be provided for review by the Station's Environmental Department at least 30 calendar days prior to implementation. e. As it pertains to the Premises, all NCCP required notifications and/or coordination with the USFWS and the CDFG shall include the Station's Environmental Department. f. All emergency repairs (i.e., broken/leaking pipes, downed lines/poles, slumps, slides, surface fault ruptures, erosion, major subsidence, or other natural disasters) that may affect the Station's natural resources, specifically federally regulated resources, shall be coordinated with the Station's Environmental Department at the earliest opportunity. g. In the event that cultural resources are discovered during maintenance or repairs Activities, the GRANTEE agrees to immediately halt all work, at, and within a reasonable distance from the discovery area, and to immediately inform the Station's Environmental Department by telephone and electronically, with follow-up in the most appropriate form as determined by the Station's Environmental Department. h. Any obligations of GRANTEE contained in Paragraphs 9(a), 9(b), 9(c) or 9(d) shall be personal to the GRANTOR, shall not be covenants running with the land and shall be in effect only so long as the GRANTOR continues to own the fee interest in the Premises. If the GRANTOR sells, conveys, or transfers all or any portion of the fee interest in the Premises to any third party, then the obligations of GRANTEE contained in Paragraphs 9(a), 9(b), 9(c) or 9(e) shall terminate immediately with respect to the portion of the Premises sold, conveyed or transferred. 10. GRANTEE will prepare a Health and Safety Plan specific to the Premises, detailing procedures necessary to maintain safety in accordance with applicable federal, state, and local laws and regulations. When intrusive work is planned, potential hazard assessments and munitions clearance coordinated through the Station will be conducted prior to intrusion or disturbance of the Premises. If such unexploded or suspected ordnance is encountered, GRANTEE will cease operations immediately and contact the Station Explosive Ordnance Disposal personnel. All construction and ground -disturbing activities will be ceased until the potential safety hazard is removed. 11. Upon the expiration or sooner termination of this Agreement the GRANTEE, at its sole cost and expense, shall remove or properly abandon in place, to the extent requested and approved by the GRANTOR, improvements installed or constructed hereunder, and shall restore the Premises to the same or as good a condition as that which existed prior to the exercise by the GRANTEE of its rights hereunder. Such restoration shall be done in a manner satisfactory to the Commanding Officer, Naval Facilities Engineering Command, Southwest, or his/her designated representative. An Environmental Condition of Property (ECP) assessment has been conducted and the report is attached as Exhibit "C". The ECP will be given great weight when determining the condition of the property and whether the terms of the Agreement have been breached. 4 6956 Naval Base San Diego, UIC: N00245 Contract Number: N6247309RP00068 12. If, at any future time, the GRANTOR determines that the bikeway or any portion thereof, unduly interferes with any of its activities, GRANTOR shall have the right to terminate this Agreement, in whole or in part, to the extent necessary to eliminate such interference; PROVIDED that, the GRANTOR conveys to the GRANTEE, without charge, a substitute easement for relocation of the bikeway or a portion thereof, on adjacent Government property, at the GRANTEE's cost and expense unless the GRANTOR shall have determined that relocation is not feasible. The substitute grant of easement shall contain the same terms and conditions as those of this Agreement, and shall bear the same expiration date. 13. GRANTEE shall, to the extent permitted by law, indemnify, defend and hold GRANTOR harmless and shall pay all costs, expenses, and reasonable attorney's fees for all trial and appellate levels and post judgment proceedings in connection with any fines, suits, actions, damages, liability and causes of action of every nature whatsoever arising from or growing out, or in any manner connected with, the occupation or use of the Premises or by the Station by GRANTEE, its employees, servants, agents, guests, invitees, and contractors under the Federal, state or local law, including, any claims for fines, penalties or other costs or expenditures, asserted under any environmental protection law, or any law for the protection or preservation of coastal, historical cultural or other resources. However, this indemnity shall not extend to damages due to the negligence of the GRANTOR or its employees, agents, servants, guests, invitees of contractors. This indemnification also applies to claims arising out of the furnishing of any utilities or services by the GRANTOR or any interruption therein or failure thereof, occasioned by the negligence or lack of diligence of GRANTEE or its respective officers, agents servants, or employees. This covenant shall survive the termination of this Agreement. 14. In the conduct of its work in connection with construction, operation, maintenance, repair and replacement of the bikeway, the GRANTEE shall cause no breach in Station security or Station operations and GRANTEE agrees to reimburse the Station for the cost of any additional security forces required by reason of the bikeway work. It is agreed that the GRANTEE shall have the right to verify by audit any billing that may be received by the Station in connection with reimbursement for security forces. 15. No member of or delegate to Congress, or resident commissioner, shall be admitted to any share or part of the Easement or to any benefit that may arise there from; but this provision shall not be construed to extend to this Agreement if made with a corporation for its general benefit. 16. All or any part of this Agreement, and the Easement granted hereunder, may be terminated by GRANTOR upon failure by the GRANTEE to comply with any of the terms and conditions of this Agreement, upon abandonment of the rights granted herein; or upon non-use of such rights for a period of two (2) consecutive years. Only with respect to Section 9 hereof, GRANTEE shall have 10 calendar days after written notice of noncompliance to cure its failure to comply with the terms and conditions contained within the paragraphs of Section 9 of this easement grant. If it is not possible to cure the failure to comply within 10 calendar days, the commencement of efforts to cure within 10 calendar days shall be deemed to cure the failure to comply provided the efforts to cure are diligently pursued to completion. 5 69 7 Naval Base San Diego, UIC: N00245 Contract Number: N6247309RP00068 17. The GRANTEE agrees that the Easement may revert to the GRANTOR under, but not limited to, the following conditions: National emergency declared by the President or the Congress, Military necessity, or for any reasons deemed necessary by the Commanding Officer, Naval Base San Diego; non -conforming use of the Easement, unsatisfactory compliance with the safety, sanitary and maintenance provisions of the Easement and/or the Agreement herein. In the event of such termination, GRANTOR will provide GRANTEE as much notice as practicable. 18. The GRANTOR may use the Premises for any purpose that does not unreasonably interfere with the use or enjoyment by the GRANTEE of the rights granted by this Agreement. 19. The GRANTEE agrees to use National City personnel to patrol the Easement area to insure the proper utilization of the Easement area. 6 6958 Naval Base San Diego, UIC: N00245 Contract Number: N6247309RP00068 IN WITNESS WHEREOF, the GRANTOR, acting by its Real Estate Contracting Officer thereunto duly authorized, has caused this GRANT OF EASEMENT to be executed the day and year within first above. UNITED STATES OF AMERICA, By K /IVR-tA RE . RINGEL Real Estate Contracting Officer Naval Facilities Engineering Command Southwest 7 6959 ACKNOWLEDGMENT State of California • County of cuJ £ IL 66 On Llnli4,ey/ p20 /0 before me, S's.a1J /9• 194/010 -14oTAQY P✓ei.i� (insert name and title of the officer) personally appeared ka,e " %? .t cn EL who proved to me on the basis of satisfactory4vidence to be the person4 4 whose name(s}.is/aga. subscribed to the within instrument and acknowledged to me that-I4e/sheliho executed the same in -his/herAlieirauthorized capacity(ies), and that by1/S7herhitei .signaturefsj-on the instrument the personfs); 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. COIN. 117 44$3 m NO110PUNJC•CAL CINU r( w►ocowr Susan A. Anoba Comm. #1764483 Notary Public California San Diego County Comm. Expires Aug. 28, 2011 6960 Naval Base San Diego, UIC: N00245 Contract Number: N6247309RP00068 This is to certify that the interest in real property conveyed by this instrument to the City of National City, is hereby accepted by the undersigned officer in behalf of the City of National City, pursuant to authority conferred by Resolution 2009-289, adopted by the City Council of the City of National City, on December 15, 2009, and the grantee consents to recordation thereof by its duly authorized officer. CITY OF NATIONAL CITY Dated: December 15, 2009 By: on Morrison Mayor 8 6961 EXHIBIT "A" BAYSHORE BIKEWAY EASEMENT ALL THOSE PORTIONS OF THE UNITED STATES NAVAL BASE SAN DIEGO (N.B.S.D.) AS SHOWN PER RECORD OF SURVEY NUMBER 20257 PREPARED FOR THE UNITED STATES NAVY, IN THE CITY OF SAN DIEGO AND CITY OF NATIONAL CITY, RECORDED AUGUST 1, 2008 AS FILE NUMBER 2008-0412499, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL "A" A STRIP OF LAND 17.00 FEET IN WIDTH, LYING WESTERLY AND PARALLEL TO THE FOLLOWING DESCRIBED LINE. BEGINNING AT THE MOST NORTHEASTERLY CORNER OF SAID UNITED STATES NAVAL BASE SAN DIEGO, HEREINAFTER REFERRED TO AS N.B.S.D., AS SHOWN PER SAID RECORD OF SURVEY NUMBER 20257, SAID CORNER BEING ON THE EASTERLY RIGHT-OF-WAY OF HARBOR DRIVE (XI-SD-2) AS SHOWN PER SAID RECORD OF SURVEY, SAID CORNER BEING THE TRUE POINT OF BEGINNING; THENCE SOUTHEASTERLY ALONG THE EASTERLY BOUNDARY LINE OF SAID N.B.S.D., ALONG SAID EASTERLY RIGHT-OF-WAY OF SAID HARBOR DRIVE, SOUTH 50°11'59" EAST 650.85 FEET TO A ANGLE POINT CORNER OF SAID EASTERLY BOUNDARY LINE OF SAID N.B.S.D., THENCE CONTINUING SOUTHEASTERLY ALONG SAID EASTERLY RIGHT-OF-WAY OF SAID HARBOR DRIVE, SOUTH 50° 11'59" EAST 129.11 FEET TO A ANGLE POINT CORNER OF SAID EASTERLY BOUNDARY LINE OF SAID N.B.S.D.; THENCE CONTINUING SOUTHEASTERLY ALONG SAID EASTERLY BOUNDARY LINE OF SAID N.B.S.D., ALONG SAID EASTERLY RIGHT-OF-WAY OF HARBOR DRIVE, SOUTH 50°1 1'59" EAST 222.82 FEET; THENCE CONTINUING SOUTHEASTERLY ALONG SAID EASTERLY BOUNDARY LINE OF SAID N.B.S.D., ALONG SAID EASTERLY RIGHT-OF-WAY OF SAID HARBOR DRIVE, SOUTH 50°12'08" EAST 99.82 FEET TO A ANGLE POINT CORNER OF SAID EASTERLY BOUNDARY LINE OF SAID N.B.S.D.; THENCE CONTINUING SOUTHEASTERLY ALONG SAID EASTERLY RIGHT-OF-WAY OF SAID HARBOR DRIVE, SOUTH 50°12'08" EAST 77.60 FEET TO A ANGLE POINT CORNER OF SAID EASTERLY BOUNDARY LINE OF SAID N.B.S.D.; THENCE CONTINUING SOUTHEASTERLY ALONG SAID EASTERLY BOUNDARY LINE OF SAID N.B.S.D., ALONG SAID EASTERLY RIGHT-OF-WAY OF SAID HARBOR DRIVE, SOUTH 50°12'08" EAST 1643.01 FEET TO A ANGLE POINT CORNER OF SAID EASTERLY BOUNDARY LINE OF SAID N.B.S.D.; THENCE CONTINUING SOUTHEASTERLY ALONG SAID EASTERLY RIGHT-OF-WAY OF SAID HARBOR DRIVE, SOUTH 50°12'08" EAST 64.00 FEET TO TIIE BEGINNING OF A TANGENT CURVE CONCAVE SHEET 1 OF 3 EXHR T 6962 WESTERLY HAVING A RADIUS OF 5679.65 FEET; THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY OF SAID HARBOR DRIVE, ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 4°59'04" A DISTANCE OF 494.11 FEET TO A ANGLE POINT CORNER OF SAID EASTERLY BOUNDARY LINE OF SAID N.B.S.D., A RADIAL LINE THROUGH SAID CORNER BEARS NORTH 44'46'56" EAST; TIIENCE CONTINUING SOUTHEASTERLY ALONG SAID EASTERLY BOUNDARY LINE OF SAID N.B.S.D., ALONG SAID EASTERLY RIGHT-OF-WAY OF SAID HARBOR DRIVE, ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 34°31'08" A DISTANCE OF 3421.81 FEET TO A ANGLE POINT CORNER OF SAID EASTERLY BOUNDARY LINE OF SAID N.B.S.D., SAID CORNER BEING THE POINT OF TERMINATION OF PARCEL A, SAID CORNER HEREINAFTER REFERRED TO AS POINT "A". THE SIDE LINES OF HEREIN DESCRIBED 17.00 FOOT WIDE EASEMENT SHALL BE PROLONGATED OR SHORTENED AT ALL SAID N.B.S.D. BOUNDARY LINES TO CREATE A FULL 17.00 FOOT WIDE EASEMENT WIDTI-I WITHIN SAID UNITED STATES NAVAL BASE SAN DIEGO (N.B.S.D.). EXCEPTING THEREFROM ALL AREA'S INDICATED AS "NOT A PART" PER SAID RECORD OF SURVEY NUMBER 20257 AND AS SHOWN PER ATTACHED HERETO AND MADE PART HEREOF THIS LEGAL DESCRIPTION AS A PLAT LABELED EXHIBIT "B". PARCEL "B" BEGINNING AT AFORESAID POINT "A"; THENCE NORTHWESTERLY ALONG A BOUNDARY LINE OF SAID N.B.S.D., NORTH 37° 14'00" WEST 210.60 FEET TO A CORNER OF SAID N.B.S.D.; THENCE CONTINUING ALONG A BOUNDARY LINE OF SAID N.B.S.D., SOUTH 63 °34'43" WEST 29.96 FEET TO A CORNER OF SAID N.B.S.D., SAID CORNER BEING ON A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 5559.65 FEET, SAID CORNER BEING ON THE WESTERLY RIGHT-OF-WAY OF HARBOR DRIVE, A RADIAL LINE THROUGH SAID CORNER BEARS NORTH 77°26'34" EAST; THENCE SOUTHEASTERLY ALONG SAID N.B.S.D. BOUNDARY LINE, ALONG SAID WESTERLY RIGHT-OF-WAY OF SAID HARBOR DRIVE, ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3°10'29" A DISTANCE OF 308.06 FEET TO A CORNER OF SAID N.B.S.D., SAID CORNER BEING THE TRUE POINT OF BEGINNING FOR PARCEL "B"; THENCE EASTERLY ALONG A BOUNDARY LINE OF SAID N.B.S.D., NORTH 72° 14' 18" EAST 10.29 FEET; THENCE LEAVING SAID N.B.S.D. BOUNDARY LINE SOUTHEASTERLY, SOUTH 4°11'36" EAST 108.93 FEET; TIIENCE SOUTH 81 °07'21" EAST 6.38 FEET; THENCE SOUTH 11 °00' 15" EAST 97.97 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE WESTERLY IIAVING A RADIUS OF 5572.65 FEET, A RADIAL LINE BEARS NORTH 82'44'44" EAST; THENCE CONTINUING SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3°40'34" A DISTANCE OF 357.54 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 1247.00 FEET, A RADIAL LINE BEARS SOUTH 86°25' 18" WEST; THENCE CONTINUING SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 21 °41' 16" A DISTANCE OF 472.02 FEET TO A POINT ON SAID N.B.S.D. BOUNDARY, SAID POINT BEING ON A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 5679.65 FEET, A SHEET 2 OF 3 $963 RADIAL LINE TIIROUGH SAID POINT BEARS SOUTH 88°55'28" EAST; THENCE SOUTHERLY ALONG SAID N.B.S.D. BOUNDARY LINE, ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5°16'20" A DISTANCE OF 522.63 FEET; THENCE TANGENT TO SAID CURVE, SOUTHERLY ALONG SAID N.B.S.D. BOUNDARY LINE, SOUTH 6°20'52" WEST 93.70 FEET; THENCE LEAVING SAID N.B.S.D. BOUNDARY LINE, SOUTHWESTERLY, SOUTH 72°10'30" WEST 66.54 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 67.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 61 °34'55" A DISTANCE OF 72.01 FEET; THENCE TANGENT TO SAID CURVE SOUTH 10°35'35" WEST 309.67 FEET TO A POINT ON SAID N.B.S.D. BOUNDARY LINE: THENCE SOUTHWESTERLY ALONG SAID N.B.S.D. BOUNDARY LINE, SOUTH 83°55'59" WEST 17.74 FEET; THENCE LEAVING SAID N.B.S.D. BOUNDARY LINE, NORTH 10°35'35" EAST 372.78 FEET; THENCE NORTH 72°10'30" EAST 108.23 FEET; THENCE NORTH 6°20'52" EAST 73.68 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 5665.65 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 4'32'56" A DISTANCE OF 449.81 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 243.00 FEET, A RADIAL LINE BEARS SOUTH 88°12'04" EAST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 25°03'23" A DISTANCE OF 106.27 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 1266.00 FEET, A RADIAL LINE BEARS SOUTH 66°44'33" WEST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19°40'45" A DISTANCE OF 434.83 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE WESTERLY HAVING A RADIUS OF 5553.65 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3'40' 16" A DISTANCE OF 355.84 FEET; THENCE NON -TANGENT TO SAID CURVE NORTH 9°51'44" WEST 89.97 FEET; THENCE NORTH 4° 11' 36" WEST 117.22 FEET TO THE TRUE POINT OF BEGINNING FOR PARCEL "B". PARCEL "A" AREA: 101,593.80 SQ. FT. 2.332 ACRES MORE OR LESS PARCEL "B" AREA: 36,324.97 SQ. FT 0.834 ACRES MORE OR LESS ATTACHED HERETO AND MADE PART HEREOF THIS LEGAL DESCRIPTION IS A PLAT LABELED EXHIBIT "B". THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION , IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. 1 DOUGLA R. MELC IOR, P.L.S. 4611 LICENSE EXPIRES 9-3 -2010 6-19-2009 DATE REVIEWED & ACCEPTED C. MAvEsCADASTRAL DATE 6--20-lob SHEET 3 OF 3 EXHIBIT "B" BASIS OF BEARINGS THE BASIS OF BEARINGS FOR THIS PLAT IS A EASTERLY PROPERTY LINE OF UNITED STATES NAVAL BASE, SAN DIEGO (N.B.S.D.) AS SHOWN ON SHEET 10 AND 11 OF 17 SHEETS OF R.O.S 20257 RECORDED 08/01/2008 IE: N 50'12'08" W —00'28' 41.85" o C' CD CD o OCP _-I W C) S CORONADO BRIDGE THE CALIFORNIA COORDINATE SYSTEM OF 1983 ZONE 6, EPOCH 1991.35 ADJUSTMENT GRID BEARING BETWEEN FIRST ORDER STATION NO.24 AND FIRST ORDER STATION NO.40 PER RECORD OF SURVEY NO. 15487 COMBINED SCALE FACTOR AT STATION NO. 999 OF RECORD OF SURVEY 20257 IS 1.00002343 DISTANCES SHOWN HEREON ARE GRID DISTANCES, GRID DISTANCE = GROUND DISTANCE X COMBINED SCALE FACTOR. QUOTED BEARINGS FROM REFERENCE MAPS\DEEDS MAY OR MAY NOT BE IN TERMS OF SAID SYSTEM. N E DHARBOR 5731 PALMER WAY, SUITE G L.S. 4611 CARLSBAD, CALIFORNIA 92010 (760) 438-1726 FAX (760) 438-3991 SITE SAN DIEGO BAY 6964 VE VACINITY MAP NO SCALE REVIEWED & ACCEPTED C. Nt4VES CADASTRAL DATE 6-30-lOo9 THIS PLAT WAS PREPARED BY ME OR mil R MY DIRECT SUPERVISION D U LAS R. MELCHIDR P.L.S. 4611 MY LICENSE EXPIRES SEPT.30,2010 DATE DRAWN BY: RGC DATE 06/08/09 CHECKED BY: DRM DATE 06/16/09 REVISED BY: RGC DATE 06/19/09 BAYSHORE BIKEWAY EASEMENT SCALE i' = 100' APPROVED BY: DATE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) DOC. NO. SHT 1 OF 10 SHTS JN 3061-BASE.DWG DATE 06/19/2009 CHOLLA CREEK CHANNEL SHEET 3 SHEET 4 AREA PARCEL A 101,593.80 SQ.FT. 2.332 ACRES MORE OR LESS AREA PARCEL B 36,324.79 SQ.FT. 0.834 ACRES MORE OR LESS LEGEND = INDICATES BAYSHORE BIKEWAY EASEMENT EXHIBIT ".B" 32ND ST KEY MAP SHEET 5 SHEET 6 B.N.S.F. (A.T.& S.F. RAILWAY) SHEET 7 UNITED STATES NAVAL BASE SAN DIEGO (N,B.S.D.) f T.P.O.B. = TRUE POINT OF BEGINING P.O.T. = POINT OF TERMINATION (R) = RADIAL BEARING R = PROPERTY LINE = CENTER LINE 1000 GRAPHIC SCALE 0 1000 2000 SCALE 1" = 1000 FEET PARCEL A 6965 UNITED STATES NAVAL BASE SAN DIEGO (N.B.S.D.) M.T.S. S.D.&A.E. RAILWAY) SHEET 8 PARCEL B SHEET 9 SHEET 10 PARCEL B NQS N p1E0°--- N PARCEL A 00 \ CEN��R pR ,�ENP E Np DRAWN BY: RGC CHECKED BY: DRM REVISED BY: RGC DATE 06/08/09 DATE 06/16/09 DATE 06/19/09 BAYSHORE BIKE WA Y EASEMENT SCALE 1" = 100' APPROVED BY: DATE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) DOC. NO. SHT 2 OF 10 SHTS JN 3061-BASE.DWG DATE 06/19/2009 ti \ ,ER, N` 30•� f L=09'30'24" R=1450.00' L=240.59' Cn U, o CA CTI N J BOOK 908 PAGE 215 REC-09-03-1919 U.S.A. UNITED STATES NAVAL BASE (N.B.S.D.) EXHIBIT "B" 50.00' r-C-) T.P O.B PAR A U.S.A. PAR A BIKEWAY EASEMENT 17.00' ' 120.0 VARIES -- 50.00' r-C) (AvMIIdd 'IS YIN) m rn cn 0 co cn 6966 (,lvM1Iv '3'v'38'a's) raj UNITED STATES NAVAL BASE SAN DIEGO (N.B.S.D.) 200.00' I(-,1) c(:), 100 0 100 SCALE 1" = 100 FEET I GRAPHIC SCALE DRAWN BY: RGC DATE 06/08/09 CHECKED BY: DRM DATE 06/16/09 REVISED BY: RGC DATE 06/19/09 BAYSH©RE BIKEWAY EASEMENT SCALE 1" = 100' APPROVED BY: DATE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) DOC. NO. SHT 3 OF 10 SHTS JN 3061-3.DWG DATE 06/19/2000 87+28.55 E.C. STATE HIGHWAY STATION EXHIBIT "B" 120. 0 PAR A BIKEWAY EASEMENT 17.00 rm BOOK 908 PAGE 215 REC-09-03-1919 U.S.A. UNITED STATES NAVAL BASE (N.B.S.D.) DRAWN BY: RGC w 200 Cr,- ("Jr"' C>f•-•▪ � 17.00' u.sz. �PAR NOT A PART U.S.A PAR A tzli BIKEWAY o EASEMENT 17.00' DATE 06/08/09 CHECKED BY: DRM DATE 06/16/09 REVISED BY: RGC DATE 06/19/09 APPROVED BY: DATE b ti rn N N cc / N 50.00' H O op C9 / "' Ole N NJ U Cn J rn o\�O cow i N U) 0,• o • • N -CC� O s rn 200.00' H J1 - 100.00 6967 20257 UNITED STATES NAVAL BASE SAN DIEGO (N.B.S.D.) 100 0 100 SCALE 1" = 100 FEET I GRAPHIC SCALE BAYSHORE BIKEWAY EASEMENT SCALE 1" = 100' SAN DIEGO ASSOCIATION OF GOVERNMENTS (SAND AG) DOC. NO. SHT 4 OF 10 SHTS JN 3061-4.0WG DATE 06/19/2009 CD CID STATE HIGHWAY STATION BOOK 908 PAGE 215 REC-09-03-1919 U.S.A. UNITED STATES NAVAL BASE (N.B.S.D.) DRAWN BY: RGC EXHIBIT "B" PAR A BIKEWAY EASEMENT 17.00' DATE 06/08/09 CHECKED BY: DRM DATE 06/16/09 REVISED BY: RGC DATE 06/19/09 50.00' 200.00'-- I 50.00 H (J,vMlivd '3'dyQ'S) - 100.00' 1 ao.00' 100 tt 20%J/ 6968 UNITED STATES NAVAL BASE SAN DIEGO (N.B.S.D.) 0 100 SCALE 1" = 100 FEET IGRAPHIC SCALE BAYSHORE BIKE WAY EASEMENT SCALE in = 100' APPROVED BY: DATE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SAND AG ) DOC. NO. SHT 5 OF 10 SHTS JN 3061-5.DWG DATE 06/19/2009 S. UNITED STATES NAVAL BASE SAN DIEGO (N.B.S.D.) 203 64+91.24' POT 64+84.20 BC 1Q S 00'53'44" W 2.56' © S 5012'08" E 64.00' PORTION GRANTED TO THE U.S.A PER INST. NO. 1984-079058 REC. 3-5-1984 EXHIBIT "B" PAR A BIKEWAY EASEMENT 17.00' <) bzi o N N p ,�j JCS / / N ODD o SEE rn DETAILf� 120.00' l � fTl 0) w (), 50.00' 100.0G J (A vmi 50.00 100.00�- 100 6969 SC), .//s ?jib DETAIL NO SCALE 20257 UNITED STATES NAVAL BASE SAN DIEGO (N.B.S.D.) 0 100 SCALE 1" = 100 FEET GRAPHIC SCALE DRAWN BY: RGC DATE 06/08/09 CHECKED BY: DRM DATE 06/16/09 REVISED BY: RGC DATE 06/19/09 EAYSHORE BIKEWAY EASEMENT SCALE 1° = 100' APPROVED BY: DATE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) DOC. NO. SHT 6 OF 10 SHTS JN 3061-6.DWG DATE 06/19/2009 s P� EXHIBIT "B" -- ,., PART N 44'01114" E(R ch) II I 1 Cn -P LT) p © �� I 1 I 39'53 43,E j c 161. N 44'46'56" E�� 175.85 '1 66'51'44" E(R) © / 1 L I co z I NOT A PART N 86'41'26" E(R) N 87'22'33" W(R) N 46'35 32 E(R) PORTION GRANTED TO THE U.S.A. PER INST. NO.1984-079058 REC. 3-5-1984 UNITED STATES NAVAL BASE (N.B.S.D.) 0 N 39'53'16" E 14.42' ® S 50'06'44" E 216.27' 0=19'49'42" R=480.56' L=166.31' 4-' - © A= 25'45'42" sir R=480.56' L=216.07' 5- t�7 A=05'56'01" R=480.56' L=49.77' ®N 43'30'12" W 18.52' Qg N 39'53'16" E 140.00' DRAWN BY: RGC N W 120.00' L Ll L�Z fAIfU DATE 06/08/09 CHECKED BY: DRM DATE 06/16/09 REVISED BY: RGC DATE 06/19/09 7) 1 1 6970' �� %O -20257 _ 1 I UNITED STATES NAVAL BASE (N.B.S.D.) � 1 1� 1 == 1 r.-100.00' OO.OD' PAR A BIKEWAY EASEMENT 17.00' J 100 0 100 SCALE 1" = 100 FEET GRAPHIC SCALE RA YSHORE BIKE WA Y EASEMENT SCALE 1" = 100' APPROVED BY: DATE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAL) DOC. NO. SHT 7 OF 10 SHTS JN 3061-7.DWG DATE 06/19/2009 A=30'51'02" R=5559.65' L=2993.56' S 63'34'4,3" W 29.96 N 77'26'34" E(R)/ c) A=03'10'29" R=5559.65' L=308.06' PJD UNITED STATES NAVAL BASE SAN DIEGO (N.B.S.D) N 80'37'03" E(R) T.P.O.B PAR B 10.00' N 098 1.9y N 82'44'44" E(R) N 82'45'02" E(31_, 19.00' DRAWN BY: RGC EXHIBIT "B" H 7214118" E -146.54 VARIES I —I N DATE 06/08/09 CHECKED BY: DRM DATE 06/16/09 REVISED BY: RGC DATE 06/19/09 PAR A 17.00' BIKEWAY EASEMENT 697 UNITED STATES NAVAL BASE SAN DIEGO (N.B.S.D) N 79'18'04" E() 202/ JLri 5 P.O.T. PAR A POINT "A" CO 0 0 8TH STREET UNITED STATES NAVAL BASE SAN DIEGO y SP� (N.B.S.D) Q N 72'14'18" E 10.29' 18 S 04'11'36" E 108.93' 19 S 81'07'21" E 6.38' S 11'00'15" E 97.97' ! 0 A=03'40'34" R=5572.65' L=357.54' A=03'40'16" R=5553.65' L=355.84' N 0411'36" W 117.22' GRAPHIC SCALE 0 100 200 SCALE 1" = 100 FEET BA YS'HORE BIKE WA Y EASEMENT SCALE 1" = 100' APPROVED BY: DATE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAL) DOC. NO. SHT 8 OF 10 SHTS JN 3061-8.DWG DATE 06/19/2009 S 86'25'18" W(R) PAR B BIKEWAY EASEMENT 19.00 z EXHIBIT �cz \ I \ \ t:::'5i I® \ 1 r- 100.00'� I I oe y) r u cz 1� (3 o BOOK 2650 PAGE 116 REC. 5-26-1948 UNITED STATES NAVAL BASE SAN DIEGO (N.B.S.D.) S 66'44'33" W(R) tf cn CP DRAWN BY: RGC CHECKED BY: DRM REVISED BY: RGC APPROVED BY: A=25'03'23" R=243.00' L=106.27' S 88'12'04-' .E(R) PAR B BIKEWAY EASEMENT DATE e6/08/09 DATE 06/16/09 DATE 06/19/09 DATE 6972 ®1 A=03'40'34" R=5572.65' L=357.54' A=03'40'16" R=5553.65' [) 0 L=355.84' ® A=04'32'56" R=5665.65' L=449.81' 3 A=0516'20" R=5679.65' L=522.63' UNITED STA IES NAVAL BASE SAN DIEGO (N.B.S.D.) S 88'55'28" E(R) BA YSHORE BIKEWAY EASEMENT SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAL) SCALE 1" = 100' DOC. NO. SHT 9 OF 10 SHTS JN 3061-9.DWG DATE 06/19/2009 UNITED STATES NAVAL BASE SAN DIEGO (N.B.S.D.) PAR B BIKEWAY EASEMENT 14.00' S 83'39'089R) 31 rIC I030 PARCEL "F" BOOK 2650 PAGE 116 REC 5/26/1948 U.S.A.- Op 17.00' S.D.U.P.D. LANDS 100 0J EXHIBIT "B" I 1 ® /// I 20257 S. A:- I N 17'49'30" KR) I N 79'24'25" KB GRAPHIC SCALE 0 100 200 SCALE 1" = 100 FEET 6973 A=04'32'56" R=5665.65' L=449.81' A=05'16'20" R=5679.65' L=522.62' S 06'20'52" W 93.70' S 72'10'30" W 66.54' ® A=61'34'55" R=67.00' L=72.01' ® S 83'55'59" W ® N 72'10'30" E 31 N 06'20'52" E 17.74' 108.23' 73.68' DRAWN BY: RGC DATE 06/08/09 CHECKED BY: DRM REVISED BY: RGC DATE 06/16/09 DATE 06/19/09 BAYSHORE BIKEWAY EASEMENT SCALE 1' = 100' APPROVED BY: DATE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) DOC. NO. SHT 10 OF 10 SHTS �N 3061-10.DWG DATE 06/19/2009 6974 ENVIRONMENTAL CONDITION OF PROPERTY (ECP) CHECKLIST Page 1 of 4 Installation: Naval Base San Diego (NBSD), California Parcel/Site Location and Description: Bay Shore Bikeway: A bikepath that follows Harbor Drive and Tidelands Avenue along the NBSD property line. Proposed Real Estate Action Description: Pavement for a bike path that is typically 12 ft wide, spanning the length of NBSD (4.5 mi) SITE SUMMARY INFORMATION 1. Information regarding site uses and any hazardous materials, contamination, or conditions. All available and pertinent files, records, reports and aerial photographs were reviewed and, where necessary, a site inspection and/or personal interviews were conducted to document the environmental conditions of the property to support the proposed real estate action. A summary of the conditions, sources of information (including location), and any required use restrictions are provided for each environmental condition. A. Parcel/Site Uses: Prior Uses: Sidewalk, parking lot or unused paved space. The location along Civic Center Drive , was a former disposal _ area for PCBs. Part of this location is within Installation Restoration (IR) Site 9, a.k.a Solid Waste Management Unit (SWMU) 2. For more information about former IR sites see attached email: subject: FW: Bayshore Bikeway Owner Questionnaire Follow-up. Current Uses: Sidewalk, parking lot or unused paved space Future Uses: A two-way bike path B. Contaminants: ►.I Yes ❑ No ❑ Unknown If yes, identify contaminant and media: PCB Contaminants in Soil at the location where the bike path runs along Civic Center Drive (See Figure 6.2-2 attached) Source of information: Remedial Project Manager (RPM) Knowlede (see attached emails), NBSD Site Management Plan (SMP): SWMU 2 Restrictions or Land Use Controls: ❑ Yes No If yes, please identify and explain in detail in Section 2 below. C. Hazardous Materials Use: ❑ Yes 4 No ❑ Unknown Hazardous Materials Storage: ❑ Yes G No ❑ Unknown Type of HM: Type of Use and/or Storage: Source of information: Restrictions or Land Use Controls: ❑ Yes ❑ No If yes, please identify and explain in detail in Section 2 below. D. Treatment, Storage, Disposal of Hazardous Waste: 0 Yes ❑ No ❑ Unknown Source of information: RPM Knowledge, NBSD SMP: SWMU 2 Restrictions or Land Use Controls: ❑ Yes No If yes, please identify and explain in detail in Section 2 below. _ EXHIBIT 'C' NUIRONMENTAL CONDITION OF PROPERTY (ECP) E. Underground Storage Tanks: ❑ Yes /1 No ❑ Unknown UST No. Gals. V.! I V CHECKLIST Page 2 of 4 Source of information: RPM Knowledge, NBSD SMP Restrictions or Land Use Controls: ❑ Yes ❑ No If yes, please identify and explain in detail in Section 2 below. F. Above -Ground Storage Tanks: • Yes ►/ No AST No. Gals. Source of information: RPM Knowledge, NBSD SMP Restrictions or Land Use Controls: ❑ Yes ❑ No If yes, please identify and explain in detail in Section 2 below. G. Presence of Polychlorinated Biphenyl's (PCB's): /1 Yes ❑ No ❑ Unknown Source of information: RPM Knowledge, NBSD SMP: SWMU 2 Restrictions or Land Use Controls: ❑ Yes /1 No If yes, please identify and explain in detail in Section 2 below. If H. Asbestos: • Yes ►1 No ❑ Unknown If yes: ❑ Friable ❑ Non -friable ❑ Unknown Source of information: RPM Knowledge, NBSD SMP Restrictions or Land Use Controls: ❑ Yes ❑ No yes, please identify and explain in detail in Section 2 below. I. Lead Paint: ❑ Yes ►/ No ❑ Unknown Source of information: RPM Knowledge, NBSD SMP Restrictions or Land Use Controls: ❑ Yes ❑ No If yes, please identify and explain in detail in Section 2 below. J. Source Radon: ❑ Yes ►/ No ❑ Unknown of information: RPM Knowledge, NBSD SMP Restrictions or Land Use Controls: ❑ Yes ❑ No If yes, please identify and explain in detail in Section 2 below. K. Source Radiological Materials: ❑ Yes // No ❑ Unknown of information: RPM Knowledge, NBSD SMP Restrictions or Land Use Controls: ❑ Yes ❑ No If yes, please identify and explain in detail in Section 2 below. L. Source Solid/Bio-Hazardous Waste: ❑ Yes /1 No ❑ Unknown of information: RPM Knowledge, NBSD SMP Restrictions or Land Use Controls: ❑ Yes ❑ No If yes, please identify and explain in detail in Section 2 below. M. Source Munitions and Explosives of Concern: ❑ Yes /1 No ❑ Unknown of information: RPM Knowledge, NBSD SMP Restrictions or Land Use Controls: ❑ Yes ❑ No If yes, please identify and explain in detail in Section 2 below. Attachment 3 ENIRONNVIENTA • NDITION 0 ' - OPERTY (E ' CHEICLIST Page 3 of 4 N. Threatened or Endangered Species: ❑ Yes I No • Unknown Source of information: RPM Knowledge, NBSD SMP Restrictions or Land Use Controls: ❑ Yes ❑ No If yes, please identify and explain in detail in Section 2 below. O. Natural or Cultural Resources: ❑ Yes ►1 No ❑ Unknown Source of information: RPM Knowledge, NBSD SMP Restrictions or Land Use Controls: ❑ Yes ❑ No If yes, please identify and explain in detail in Section 2 below. P. Use of Adjacent Property: Current Use: Roads. Military Buildings Past Use: Roads, Military Buildings, PCB Storage Yard: SWMU 2 Source of information: RPM Knowledge, NBSD SMP Restrictions or Land Use Controls: ❑ Yes ❑ No If yes, please identify and explain in detail in Section 2 below. Q. Has the site had any Notices of Violation? ❑ Yes ►II No. If yes, please explain: Source of information: RPM Knowledge, NBSD SMP Restrictions or Land Use Controls: ❑ Yes /1 No If yes, please identify and explain in detail in Section 2 below. R. Additional information or comments regarding questions shown above (attach sheet(s) if additional room is needed): The proposed location for the bike path intersects IR Site 9, a.k.a. SWMU 2 (see figure 6.2-2). All soil removed from this location must be sampled and characterized prior to disposal in order for it to be disposed properly according to local and federal laws. The characterization and profile of the soil shall be provided to the Navy Remedial Project Manager for evaluation. Source of information: See attached emails for more description of Installation Restoration Sites relevent to the proposed location of the bike path. Restrictions or Land Use Controls: Z Yes • No If yes, please identify and explain in detail in Section 2 below. 2. List of Land Use Controls required for Real Estate Action: See Additional Information above. Attachment 3 6977 ENVIRONMENTAL CONDITION OF PROPERTY (ECP) CHECKLIST Page 4 of 4 3. Signature: Based on records reviews, site inspections, and interviews, the environmental professional(s) certify that the environmental conditions of the property are as stated in this document and this propeay is suitable for outgrant. Envir• mental Professional: Signature Darren Belton Print Name Lead Remedial Project Manager Tit e Date ®a The real estate professional(s) acknowledge these restrictions and/or LUCs identified above and will ensure they are made a part of the outgrant document. Real Estate Professional: Signature KEAL %y ,S fE /AL/ST Title /a/lkG oof Print Name Date Property Owner (Activity or Region) acknowledges and accepts the foregoing statement of environmental conditions and the land u co .J if any) that will be required for this real estate outgrant: c- P c8Llc 6-sote..145 OrtccceiZ Si ature Title 54Y l-(-ec,_Eg- to Ae4 z 9 Print Name Date Pitt por`S et: Dan i.& 'Sank Attachment 3 502.52 N IC CR 0 F 5-HIGH VCLTAGE ELECTRICAL SHOP - 338.10 N 451,10 E AS0 1AL- II WA -ER VALVE SPUR PAD (REMOVED) BU L BuB, DE.P DR.Ro LECTRICA_ SSO TO SHORE STORAGE "AR„) -� REF. POINT 50C 00 5. 5C0 CO E/ • 1 -6' SECURITY FENCE CCNC. UTILCY BOX \ I/ IN CURB RETJRNI 6bJILOING' 8" THICK CCNC. WALL LARGE PAD (REMOVED) C: O NG CO BUILDING 293 CONDUITS' [AP LDCAPDN .RARBAu s. ELEC - VALI T SE LOWER PAD (REMOVED) SWMU 2 WATER RISER 2-1/2" WATER RISER LIC H POLE GUARD POSTS (6) EL=CTR:CAL CONDUITS E SE UPTER WAD (REMOVED) A (REMOVED): / o / / 4. / L _IL l / / I II 1 t 4 1 I / II I -4- 7/50O/1 / -L/ 89.22 E / t III ` UGH I- Po_` II 1I / lr SMALL PADJ/ 11 / I " II1 oeTM W-3 0 Efr // lI I fI5 i[55,. / II Q /I I ofT N\`\ � I I � 55. /III Ti �' l / / 'ID�SJi4/II ` I �POfi GN iOF ..V/ ,IvW_2 �� "C:ANED 3V I - F ORM DRAIN RLEi Hv0.ROB.Asi N wc /t/ ' �t1 / H?cdD'XCAL I" 11 10� II / /`i iI I �� CURB INLET 1 [ 357.57 N 7° _ — i%T S,GN "CIVIC CENTER" 66C, 92 E N N.• / 340 48 N f I 54' Co E )oI 10 LEGEND — —•— —WATER UTILITY - -r- -ELECTRICAL UTILITY EDGE OF ASPHALT 0 LICHT POLE " -55. ORIGINAL ELEVATOR SECURITY FENCE POWER POLE -A DIY WIRE UNCIS`IRBED CONCRETE AREA (—> CALCULATED GROLNONATER FLOW DIRECTION !ENFORCED EONCIE IT PIPE REFERENCE: T 1995 -N- CURB INLET 2 TO 60 'EFT Site Management Plan Figure 6.2-1 Site Map - SWMU 2 PCB Storage Facility, Original Condition Naval Base San Diego, California ;Cale. 12/3/D7 ;Cale No. D82_149?1 Job NO. 23818-082 Rev Nc D ■ • 324 J_ r ± wL� /1 IF-, 16.9-06239( l� RFF. Fc NT Hr-. n-'u , -SNIP Io OGRE 6.,E Drop... YARD �/ r-- rt— .112 92 N 46 50 E )29 O-C928 4• 6_ (<:) B" 6-C923i4- 5 ,a) 32 .5-•23971 35 1E94-01 G50-0 56 (<') 12 �6' 0.0491 10' • 02, (< ne O55-01�'.494-01 • 20.41 24" %5-OH4(<4209) H'2- ""� 1 36 (<1 12" 05-981794-01 •• 11 <4 d E-0617.-01 11[<0DIT 5" / H — _I I!MP-09169 01• If I Cb= i3149 216.'Y▪ 29 • ( 16 0 1'I -I.'I �(3 IF, 4 0 2,( 1) 6 01 6 111394-0' • 4 [ O._]] B I' ! 5c IF, e� 39 ( ) ' d� (<p � z9 (a) H" n <1 e I • 1 i 4( _ • •1r s'E1 1 -D9269a-D1 r e 6-OH2fi94 01 2 `) 12" I d.F5203109 -0 z5C6-0829d-01 ( ) 12 =6 067 4-01 '5 (<) J 2 (<1) UC.,-97 M0 E, IJ 2994173 ESA•81994-01 tt *...59'-594 O1 45 (<1) 2 9' TM. 1-OH'.794-01 • • CGNC. WALL E4-081794-01 15 [0.0q/2; 8' A4-092294-261 4 091694-01 12 (<4) 6"• • I 57 (n) 12 - A*Au91494-01 • " - 1x' (<4, B <.042 AG A 24" 1, 4_<e'995-01 E4-C60954-010 2 [0.518' a A3-092394-JI 5H [<0.517] 2'• 3- 0915. • _01 4( (<') 24' 13-C.9149401 33 33 '<1 2n' BUILDING 293 kIli,l- VOL-AGE A. `A2-092,94-�1 CAL =MCP_- 63 (<1) 10A C 7 091494-01 32 (<1) 24" -O9'5994 d1 0 (CI) 18" - • 03 (<Br79a-0i 2" W' TER • • 0340819 4-OL R.rR (<II� 2- /''76VASe1794-01 F-5B0999 Ot 8 [0O2I]B" 1y1.28' • 501 n) AD92 092294 LIGHT P •02 09 934 5t 17 K4) I a n 3 / 37416 5 / 4B' m I' 09-19 01 (<,) it 1 J/ • • • n -- GJ B INLET ( 6) LEGEND I I SWMI1 2 BOJN04R9 LMI 0E SAMFORD AREA Ir ,I UN015"11%AE0 CONCRETE AREA. FAAL SOL SAMPLE LOC460N • PATF PCB CONCENTRATION LESS 7iAN Pp, 36-29269<-01 SAMPLE NU4HER SO SAMPLE LCOAOON YJ48LN (<1/ CONCENTRATION OF PC3s (269)1(9) B2 EPA 6E1H00 4520 C23] CONCENTRATION OF PCBs (2,/kg) 9v EPA METHCO 8J50 H' APPROXIMATE DEFT-1 BELOW OR,GINAL GRADE ('ACHES) REIV:CR000 CONCRETE PIPE ASSESSMENT CRID: ORDINATE COORS NATE IDEN IEICATON © ABSCISSA 000P0. NAT= IOENTIILATry4 REFERENCE. 1' 1995 40 FEET B0 Site Management Plan Figure 6.2-2 Post -Removal Sample Results - SWMU 2 Naval Base San Diego. California .71a Date. t2/9/07 Y�� ®� Foe NO 23818-28 Job �N o: 23d1d-0d2 Pea No:E 6980 From: Belton, Darren L CIV NAVFAC SW Sent: Thursday, February 05, 2009 10:54 To: 'dbe@sandag.org' Cc: Ripley, Robert Jr. Civ NAVFAC SW Subject: FW: Bayshore Bikeway Owner Questionnaire Follow-up Importance: High David, as requested, here are our comments provided previously. Thank you. -- Darren Darren L. Belton, QEP Lead Remedial Project Manager - Naval Base San Diego Naval Facilities Engineering Command Southwest Building 291, Coastal IPT - Environmental 2730 McKean Street, San Diego, CA 92136 Tele: 619.556.7617 Original Message From: Belton, Darren L CIV NAVFAC SW Sent: Thursday, September 25, 2008 13:56 To: 'katie.birge@us.bureauveritas.com' Cc: Ripley, Robert Jr. Civ NAVFAC SW; Stager, Daryel N CIV NAVBASE San Diego, N45 Subject: FW: Bayshore Bikeway Owner Questionnaire Follow-up Importance: High Katie, the responses provided in the attached survey is not intended to be all inclusive. The information is provided for information purposes only and no warranty is inferred. It is the end -user responsibility to verify all information provided. The government holds no responsibility for any errors or omissions. The information is only domain to the Naval Base San Diego (NBSD) Installation Restoration Program (IRP). Information that is sensitive to the base security, or appears to be unrelated to the project goal, has not been provided and the data field deleted. Additional surveys may follow. Thank you. -d Darren L. Belton, QEP Lead Remedial Project Manager Naval Facilities Engineering Command Southwest Building 291, Coastal IPT - Environmental 2730 McKean Street, San Diego, CA 92136 Tele: 619.556.7617 Original Message From: katie.birge@us.bureauveritas.com [nailtc:katie.birge@us.bureauveritas.com] Sent: Thursday, August 21, 2008 11:32 To: Ripley, Robert Jr. Civ NAVFAC SW Subject: Bayshore Bikeway Owner Questionnaire Follow-up Hello Robert, EXHIBIT 'C' 6981 Last we spoke in July, you were going to have your environmental folks fill out the ISA questionnaire to the best of their ability. I wanted to follow up with you on the status of the questionnaire. If there is anything I can do to assist in the completion of the questionnaire, please let me know. I've attached a copy of the questionnaire below again for your reference. (See attached file: ISA Owner Questionnaire Bayshore Bikeway Naval Base Segment.doc) Thank you, Katie Birge Consultant / ES Quality Leader West Coast Bureau Veritas North America, Inc. Health, Safety, and Environmental Services 1565 MacArthur Boulevard, Costa Mesa, CA 92626 p: 714.431.4135, c: 714.932.2381, f: 714.825.0685 katie.birge@us.bureauveritas.com Gmailto:katie.birge@us.bureauveritas.com> www.us.bureauveritas.com <http://www.us.bureauveritas.com/> ISO9001:2000 Certified P Please consider the environment. before printing this e-mail NOTICE: This message contains information which is confidential and the copyright of our company or a third party. If you are not the intended recipient of this message please delete it and destroy all copies. If you are the intended recipient of this message you should not disclose or distribute this message to third parties without the consent of our company. Our company does not represent, warrant and/or guarantee that the integrity of this message has been maintained nor that the communication is free of virus, interception or interference. The liability of our company is limited by our General Conditions of Services. Nota : Ce message contient des informations confidentielles propriete de notre societe et/ou d'un tiers. Si vous n'etes pas parmi les destinataires designes de ce message, merci de l'effacer ainsi que toutes ses copies. Si vous etes parmi les destinataires designes de ce message, priere de ne pas le divulguer ni de le transmettre A des tiers sans l'accord de notre societe. Notre societe ne peut garantir que l'integrite de ce message a ete preservee ni que la presente communication est sans virus, interception ou interference. La responsabilite de notre societe est limitee par nos Conditions Generales de Services. EXHIBIT 'C' INITIAL SITE ASSESSMENT QUESTIONNAIRE Subject Property: Bayshore Bikeway —Naval Base Segment Introduction: The responses provided herein are not intended to be all inclusive. The information is provided for information purposes only and no warranty is inferred. It is the end -user responsibility to verify all information provided. The government holds no responsibility for any errors or omissions. The information is only domain to the Naval Base San Diego (NBSD) Installation Restoration Program (IRP). Information that is sensitive to the base security, or appears to be unrelated to the project goal, will not be provided. The NBSD Installation Restoration Program is administered under Naval Base San Diego IRP, pursuant to the Comprehensive Environmental Response, Compensation, and liability Act of 1980 (42 U.S.C. Sections 9601 et seq., "CERCLA"). The Department of Navy cleanup process is depicted in the following diagram: Preliminary Remedial I Record Assessment/ — Investigation/ -.--,vi of Site Inspection Feasibility Study 1 Decision Removal Action t • Removal Action Site Closeout Source: DON 2006b Notes: Yellow boxes indicate"Phases" of the environmental restoration process Blue boxes indicate "milestones" Remedial Design Remedial Action Construction Long -Term Management Department of the Navy Environmental Restoration Process --r Remedy in Place Response Complete 6982 Remedial Action Operation EXHIBIT 'C' INITIAL SITE ASSESSMENT QUESTIONNAIRE 1.0 GENERAL SITE SETTING 1.1 Identify current and past uses: Based on the reviewer understanding of the bike route, the proposed bike route intercepts or is adjacent to the following IRP Sites, IRP Site 3, IRP Site 4, IRP Site 7, and IRP Site 9 (SWMU 2). The following information is from the Site Managment Plan: IRP Site 3 - Salvage yard: This site is in the Remedial Investigation/Feasibility Study Phase. The primary classes of Chemcial of Concern (COC) for soil and/or groundwater at the site is dioxins/dibenzofurans, total organic lead, metals, and PCBs. The Salvage Yard, operated by the Defense Reutilization and Marketing Office (DRMO), received and disposed of a variety of waste material from 1943 to 1975 (NEESA 1986). After 1975, the site received only relatively clean or waste -free metal for conversion to scrap (IT 1988). DRMO was tasked with receiving, selling, donating, and disposing of excess Navy materials. Excess materials from other San Diego naval installations, including the Point Loma Complex and the former Naval Air Station (NAS) Miramar, were also transported to the Salvage Yard for incineration, sale to outside bidders, and reuse by other DoD organizations. Historical information indicates that items and materials handled by the salvage operation included transformers containing PCBs, mercury, electrolytes from old batteries, drummed petroleum wastes, solvents and thinners, refuse, demolition debris, infectious wastes from the medical and dental clinics, and spoiled food items from incoming Navy vessels. An estimated 100 to 200 drums per month of waste lubricating oil, lubricants, solvents, and acid/alkaline solutions were brought to the site for handling (NEESA 1986). According to the IAS Report, drummed waste material was placed in an unpaved area near the dual incinerators in the southern portion of the site (Figure 5.3-1). Liquid waste was incinerated or drained onto the ground, and the drums were auctioned off along with filled drums of liquid waste that could be recycled (e.g., waste motor oil) (NEESA 1986). Material that could not be sold, reused, or donated by DRMO was designated for burning in one of the two dual incinerators located in the north -central portion of IRP Site 3. A third unit, a classified -document incinerator, was located north of the fence line at the northern end of IRP Site 3. Figure 5.3-1 shows the former locations of the on -site incinerators. Ash residues from the incinerators were taken off the base for disposal by PWC (NEESA 1986). All equipment, including incinerators previously located on -site, has been removed. 6983 EXHIBIT 'C' INITIAL SITE ASSESSMENT QUESTIONNAIRE IRP Site 4 - DPDO Storage yard: This site is in the Remedial Investigation/Feasibilty Study phase. The site is a roughly rectangular parcel that lies east of Harbor Drive and north of Paleta Creek. The site is bounded by Atchison, Topeka, and Santa Fe Railroad tracks and Harbor Drive on the west, the San Diego Trolley line on the east, a City of San Diego sewage pump station on the north, and Paleta Creek on the south. The northern portion of the site is a material -recycling area paved with either concrete or asphalt. Three warehouses were located on the northern subarea of IRP Site 4. The largest warehouse, still present, stores nonhazardous materials associated with recycling activities. Two additional warehouses, which have been removed from the site, were formerly located in an unpaved area near the center of the site, store batteries (Warehouse 250) and high -value scrap such as brass and copper (Warehouse 249) (Photograph 5.4-2). The former warehouses and material -recycling areas are enclosed by a fence. The southern portion of the site is occupied by the Defense Logistics Agency (DLA) and is also fenced and used for boat storage. The site was designated a Naval Supply Center (NSC) storage yard from 1943 to 1975; from 1975 to 1981, the site served as a DPDO storage yard. Since 1981, the southern subarea has been mainly used to store landing craft. Between 1999 and 2001, approximately 105,500 cubic yards of dredged material from San Diego Bay was stored at NBSD, and it is assumed that roughly 50 percent of that material was stored on the southern subarea of IRP Site 4. In 1975, the northern subarea of the site was almost completely paved. Before then, the surface was reported to have been oiled regularly as a dust -control measure. The IAS Report noted that an estimated 35,000 to 75,000 gallons of oil was spread on the site (NEESA 1986). This oil consisted of various waste petroleum, oils, and lubricants (POLs). In addition, containers of electrical insulating oils were stored at the site during the 1970s. Some of the containers reportedly leaked, but no estimated quantities are available. The 1AS Report also noted that some of the material that leaked from containers used for insulating oils may have been mixed with the POLs (NEESA 1986). Drummed material containing paints, lubrication oils, and PD-680 solvent was stored at the site. 6984 EXHIBIT 'C' INITIAL SITE ASSESSMENT QUESTIONNAIRE IRP Site 7 - Former Sewage Treatment Plant: This site is closed. The site is an irregularly shaped parcel bounded on the north by the PWC facilities, on the south by Vesta Street, on the east by Harbor Drive, and on the west by Knowlton Williams Road. The site is approximately 1,250 feet long and 600 feet wide at the widest point, tapering to about 250 feet wide along the south end. The area of the site encompasses approximately 10.5 acres and does not include the San Diego Gas and Electric substation in the southeast corner of the site. The site was originally developed as a municipal sewage treatment plant (Harbor Drive Sewer Plant). The facility was constructed between 1948 and 1951 and was operated by the City of San Diego from 1951 through 1963. Available drawings indicate that the sewage treatment plant consisted of maintenance and administrative buildings, digesters, clarifiers, elutriation tanks (used to "wash" undesired substances from sludge that interfered with the subsequent chemical conditioning or filtration of the sludge), sludge storage buildings, a detritor building, and other associated facilities (Figure 5.7-1). Effluent from the plant was discharged into San Diego Bay near Pier 5. The plant was decommissioned in 1963 when the Point Loma sewage treatment facility became operational. Aerial photographs indicate that the electrical substation on the southeast corner of the site was constructed between 1963 and 1972. The substation is currently operated by San Diego Gas and Electric and is not under Navy jurisdiction (Photograph 5.7-1). The Navy acquired IRP Site 7 in 1984. The land transfer documents associated with the transfer of the property from the City of San Diego to the Navy are provided in Appendix B. The treatment plant was demolished in 1978, and the site remained vacant, with the exception of a small building temporarily located east of Building 118 and the substation until 1983, when the southern portion of the site was graded. By 1985, the entire site had been graded for parking. The parking area was paved with asphalt in November 1994. 6985 EXHIBIT 'C' INITIAL SITE ASSESSMENT QUESTIONNAIRE IRP Site 9/SWMU 2 - PCB Storage Facility: This site is closed. The PCB Storage Facility (SWMU 2) is an irregularly shaped parcel bounded on the north by the ship -to -shore storage yard, on the south by Civic Center Drive, on the east by Atchison, Topeka, and Santa Fe Railroad tracks, and on the west by the high -voltage electrical shop. The site is approximately 1.1 acres, measuring approximately 250 feet long and 180 feet wide at the west side, tapering to about 140 feet wide along the east side. The facility is reported to have been in continuous use for approximately 30 years. It was used primarily for maintenance of electrical equipment, including draining of transformer fluids and storage of fluids containing PCBs. Transformers historically have been transported, repaired, and stored on soil, gravel, asphalt, and concrete surfaces at various locations throughout the yard. Until the late 1980s, no attempt was made to contain fluids or to segregate PCB - containing fluids from other fluids used in the yard. The facility was operated by PWC as a hazardous waste storage facility under the authority of a RCRA permit issued jointly by U.S. EPA Region 9 and DTSC. The Part B Permit Application Closure Plan (Closure Plan), submitted in April 1991 and approved by DTSC on 30 June 1993, defined the objectives for closing the facility and the specific actions to be executed for closure. A removal action was completed in 1994 to clean PCB -contaminated structures and soils at SWMU 2. As part of the removal, three structures at the north end of the SWMU (Building A and two concrete pads) were decontaminated and demolished. In addition, asphalt/concrete that covers approximately one third of the surface area of the SWMU was deemed contaminated and handled as hazardous waste. After the asphalt/concrete was removed, PCB -contaminated soils were excavated to a depth of approximately 1 foot bgs, according to grid coordinates laid out across the SWMU in an area measuring approximately 20 to 30 feet wide along the total length of the eastern side of the SWMU. As each grid cell was excavated to the predetermined depth, samples were collected from the new surface and screened with a field test kit for PCBs. If the concentration of PCBs was above 5 mg/kg, excavation continued. This resulted in excavations outside the boundaries of SWMU 2 and in some places to a depth of 4 feet. If the concentration of PCBs was below 5 mg/kg, the area was considered clean. Postremoval sample results are shown on Figure 6.2-2. In addition, PCB -contaminated sediment was removed from the storm drain inlet in the southeast corner of the SWMU (IT 1995). The storm drain located at the eastern edge of SWMU 2 was cleaned using a Hydroblaster and pneumatic pumps. This cleanup effort generated approximately 2,000 gallons of water, which was temporarily stored in portable polymer tanks. Analytical tests reported that the 6986 EXHIBIT 'C' INITIAL SITE ASSESSMENT QUESTIONNAIRE maximum PCB concentration was 0.0068 milligram per liter (mg/L), and the water was transported to the industrial waste treatment plant located at NAS North Island. Solids and sludge removed were temporarily stored on plastic sheeting, dewatered, and incorporated with the containerized soils in roll -off bins (IT 1995). Upon review of the Closure Certification Report (IT 1995), DTSC's Facility Permitting Branch issued a letter of acceptance for the SWMU 2 Closure Reports in 1995. On 14 November 1997, DTSC's Office of Military Facilities issued a no further action concurrence letter to the Navy for SWMU 2, certifying that SWMU 2 has been closed in accordance with the DTSC-approved Closure Plan (DTSC 1997b). 3 FACILITY DOCUMENTATION 4.0 Are you aware of any of the following documents in connection with the property (describe if yes): 6987 Documents Yes No Prior Environmental Site Assessment Reports I LJ Description: Numerous X Environmental Audit Reports Description: Environmental Permits ❑ �I Description: None Associated with IRPs, Per CERLA no permit required for onsite actions. Registrations for Underground and Above Ground Storage Tanks _ I_ Description: ❑ Z Material Safety Data Sheets Description: Community Right -to -Know Plans I❑ Description: Environmental Safety Plans Description: Geologic or Hydro -geologic Reports ►� Description: Notices of violation from government agencies ❑ I EXHIBIT 'C' INITIAL SITE ASSESSMENT QUESTIONNAIRE Description: Not for the specific areas noted. 6988 Notifications and reports regarding hazardous waste generation Description: 4.1 Are you aware of any of the following proceedings against the property (describe if Yes): Description Yes No Pending, threatened, or past litigation regarding hazardous substances or petroleum products in, on, or from the property - — " Description: Any pending, threatened, or past administrative proceedings regarding hazardous substances or petroleum products in, on, or from the property Any notices from any government entity regarding any possible violation of environmental laws or possible liability relating to hazardous substances or petroleum products This questionnaire was completed by: Name (Print) Darren L. Belton Signature Date February 22, 2010 EXHIBIT 'C' N6247309RP00103 Environmental Requirements The following provisions shall apply to this Grant of Easement: Definitions: "Hazardous Material" means any substance: a) the presence of which requires investigation or rcrnediation under any applicable federal, state or local statute, regulation, ordinance, order, action, policy or common law; or b) which is or becomes defined as a "hazardous waste," or hazardous substance," pollutant or contaminant pursuant to any federal, state or local statute, regulation, rule or ordinance now or hereafter in effect, including the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) (42 U.S.C. § 9601 et seq) and/or the Resource Conservation and Recovery Act (RCRA) (42 U.S.C. § 6901 et. seq); and/or the California Health & Safety Code §§ 25100 et. seq. c) which is toxic, reactive, explosive, corrosive, ignitable, flammable, infectious, radioactive, carcinogenic, or otherwise hazardous and is or becomes regulated by any governmental authority, agency, department, commission, board, agency or instrumentality of the United States, the State of California or any political subdivision thereof; or d) which contains gasoline, diesel fuel or any other petroleum hydrocarbons, polychlorinated biphenyl's (PCBs), asbestos, or urea formaldehyde foam insulation "Environmental Requirements" mean all applicable present and future statutes, regulations, rules, ordinances, codes, licenses, permits, orders, approvals, plans or authorizations and similar items of all governmental agencies, departments, commissions, boards, bureaus, or instrumentalities of the United States, states and political subdivisions thereof and all applicable judicial, administrative and regulatory decrees, judgments and orders relating to the protection of human health or the environment, including but not limited to those pertaining to reporting, licensing, permitting, investigation and remediation of emissions, discharges, release or threatened releases of Hazardous Materials, chemical substances, pollutants, contaminants or hazardous or toxic substances, materials or wastes. "Environmental Damages" mean all claims, judgments, damages, fines, liabilities, encumbrances, liens, costs and expenses of investigation and defense of any claim, whether or not such claim is defeated, and of any good faith settlement or judgment, of whatever kind or nature, contingent or otherwise, matured or unmatured, foreseeable or unforeseeable, including with limitation reasonable attorneys' fees and consultants' fees, any of which arc incurred at any time as a result of (i) the existence of Hazardous Materials (A) upon or beneath the Premises or Page 1 of 3 EXHIBIT'D' 6989 6990 (B) migrating or threatening to migrate from the Premises, or (ii) a violation of Environmental Requirements pertaining to the Premises, and including damages to personal injury or injury to property or natural resources occurring upon or off of the Premises and all other costs incurred in connection with the investigation or remediation of such Hazardous Materials or violation of Environmental Requirements including the performance of any cleanup, remediation, removal, response, abatement or monitoring work required by any federal, state or local government agency. Notwithstanding any provision in this Agreement to the contrary, Grantee shall not be responsible or liable for any environmental damages arising from the Environmental Condition of the premises existing prior to the date of this Agreement. Covenants and Requirements: 1. Grantee shall be solely responsible for obtaining, at its sole cost and expense, any and all environmental permits or approvals required for its operations under this easement, independent of any existing federal, state, and/or local permits held by the Department of the Navy. 2. Grantee and its officers, employees, agents, and contractors shall comply with all Environmental Requirements, including but not limited to all applicable federal, state and local environmental, hazardous material, and occupational safety and health laws, regulations and ordinances that are or may become applicable to Grantee's activities on the Premises. Grantee shall be solely responsible for any and all Environmental Damages, including fines, penalties, and enforcement actions instituted in connection with Grantee's use, or otherwise imputed to Grantee by law through others' use of the Premises. 3. Grantee covenants that it shall not cause any Hazardous Material to be brought upon, treated, kept, stored, disposed of, discharged, released, produced, manufactured, generated, refined or used upon, about or beneath the Premises except as specifically approved by the Secretary of the Navy in accordance with 10 U.S.C. §2692. If such approval is obtained, Grantee shall strictly comply with the Environmental Requirements, including without limitation the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 U.S.C. §9601 et seq., the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. § 6901 et. seq., and California Code of Regulations, Titles 17, 22, & 23 and other applicable Federal, State, and local laws and regulations governing use, storage, and release reporting of Hazardous Materials on the property and the management/disposal of Hazardous Materials and hazardous waste. Except as specifically authorized by the Government in writing, Grantee must provide at its own expense for such hazardous waste management complying with all laws and regulations. Government hazardous waste management facilities will not be available to Grantee. Nor shall Grantee permit its hazardous or solid wastes or other materials to be commingled with waste of the Department of the Navy. Any violation of the requirements of this condition shall be deemed a material breach of this easement. Page 2 of 3 EXHIBIT 'D' 4. Whenever, as a result of Grantee's use, or as otherwise imputed to Grantee by law through others' use of the property: (A) any hazardous substance, hazardous constituent, or hazardous waste is released or there is a substantial threat of such release into the environment; or (B) there is a release or substantial threat of release into the environment of any pollutant or contaminant which may present an imminent and substantial danger to the public health or welfare (including the environment), the Grantee shall be responsible, at no cost to the Government: (A) for all costs of corrective action or response to include removal or remedial action incurred by the United States not inconsistent with the national contingency plan; (B) any other necessary costs of response incurred by any other person consistent with the national contingency plan; (C) damages for injury to, destruction of, or loss of natural resources, including the reasonable costs of assessing such injury, destruction, or loss; and (D) the costs of any health assessment or health effects study carried out under 42 U.S.C. section 9604(i). If any Hazardous Material is brought upon, threatened, kept, stored, disposed of, discharged, released, produced, manufactured, generated, refined or used upon, about or beneath the Premises or any portion thereof in violation of subsections 2 and 3 above or is in existence in, on or under the Premises, Grantee shall, at the direction of the Government or any federal, state or local authority, remove or remediate such Hazardous Material and/or otherwise comply with the regulations or orders of such authority to ensure compliance with all Environmental Requirements. 5. Grantee releases, remits, and forever discharges the Government, its officers, agents and employees of and from any and all claims, causes of action, injuries, damages, and demands whatsoever in law or in equity arising out of, or connected with, Grantee's use or otherwise imputed to Grantee by law through others' use of the Premises. Grantee agrees to indemnify, defend, and hold harmless the United States against all fines, claims, damages, lawsuits, judgments, and expenses arising out of such use of the Premises and not resulting from the negligence or willful intent or misconduct of Government, its officers, agents, and/or employees. Page 3 of 3 EXHIBIT 'D' 6991 DEPARTMENT OF THE NAVY COMMANDER NAVY REGION SOUTHWEST 037 NO. HARBOR DR. SAN DIEGO, CALIFORNIA 22132.0058 6992 IN REPLY REFER TO: 5090 Ser N45JP.bg/0152 April 27, 20D6 From: Commander Navy Region Southwest Region Environmental (N4512) To: Distribution Subj: STORMWATER BMPs REQUIRED FOR CONSTRUCTION ACTIVITIES AFFECTING LESS THAN ONE ACRE OF LAND IN SAN DIEGO METRO AREA 1. The State Water Resources Control Board (SWRCB) has required that the Navy take greater control over potential sources of contamination to stormwater, including construction activities. 2. The term "construction" is a broad term that can include clearing, grading and disturbances to the ground such as stockpiling, or excavation, and installation or demolition of structures. 3. Construction projects greater than one acre in size are required to obtain coverage under the state's General Permit for Discharges of Storm Water Associated with Construction Activity (Construction General Permit). 4. In order to ensure that construction projects less than one acre in size do not create a source for stormwater pollution, basic stormwater best management practices (BMPs) must be implemented. 5. To accomplish this task, all Commander Navy Region Southwest (CNRSW) complexes in the San Diego Metro area shall, at a minimum, implement the following stormwater BMPs, as applicable, during construction activities impacting less than one acre of land. The stormwater BMPs shall be incorporated in Sections 01355A, 01356A, and 01500A of contracts for such construction. Any verbiage in the above Sections, or any other sections, that conflict with the language below shall be deleted. a. Storm drain catch basins in the construction area shall be covered so that sediment and debris do not enter the catch basins during construction. EXHIBIT °E') 5090 Ser N45JP.bg/0152 April 27, 2006 b. Sediment and debris from the worksite shall be swept up and properly disposed, so that they will not be tracked off site and enter a storm drain or receiving water. c. For projects that occur during the rainy season (October through May), any soil, gravel, or debris stockpiles shall be covered / bermed to prevent rain from washing away the stockpiles. d. If metal cutting, grinding, or welding is part of the project (such as concrete reinforcing bars or metal fencing), measures shall be put in place to prevent those pollutants from entering the water or storm drain systems. Also, at a minimum, metal slag/residues/shavings must be swept up and properly disposed of at the end of each workday. e. Drip pans shall be placed under equipment to catch leaks. These drip pans shall be cleaned periodically. During rain events these drip pans shall be moved so that the stormwater runoff doesn't become contaminated from their contents. f. Wash water and residue from concrete and/or masonry work shall not be discharged into the storm drain or sanitary sewer systems. Wash water shall be contained in a concrete washout area and allowed to evaporate with the remaining solids disposed of as solid waste. With written approval from the installation's environmental staff, smaller projects may have the option to discharge wash water onto a pervious soil surface and allowed to infiltrate into the soil. Any remaining residue shall be disposed of as solid waste. g. The project shall avoid the use of galvanized materials, or add an additional coating to the material to reduce the potential for zinc leaching into stormwater runoff. Examples of items that may contain galvanized materials include fencing, flagpoles, corrugated roofing used in lean-to sheds, and sacrificial anodes. h. If BMPs currently in place are found to be ineffective in controlling storm water pollution, they shall be amended as soon as possible to correct the problem. 6. This is a list of minimum BMPs that should be implemented. Additional BMPs may be required depending on the specific project. It is highly recommended that construction project managers work with base environmental representatives to ensure 6993x OTISA 5090 Ser N45JP.bg/0152 April 27, 2006 the project meets both environmental compliance and project timelines. 7. Host commands please disseminate to all tenants in your cognizance. If you have any questions regarding this letter, please contact Rob Chichester, CNRSW Water Quality Program Manager, at (619) 524-6417. Sincerely, 4�-c�if P.A. Kennef3 F By direction Distribution: CO, NAVAL BASE, POINT LOMA CO, NAVAL BASE, CORONADO CO, NAVAL BASE, SAN DIEGO CO, NAVAL FACILITIES ENGINEERING COMMAND SOUTHWEST CO, SHORE INTERMEDIATE MAINTENANCE ACTIVITY, SAN DIEGO CO, NAVAL AVIATION DEPOT, SAN DIEGO CO, SPACE AND NAVAL WARFARE SYSTEM CENTER, SAN DIEGO CO, NAVAL MEDICAL CENTER, SAN DIEGO RESOLUTION NO. 2009 — 289 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A GRANT OF EASEMENT AGREEMENT WITH THE UNITED STATE DEPARTMENT OF THE NAVY TO PROVIDE THE CITY AN EASEMENT ON NAVAL BASE SAN DIEGO PROPERTY FOR THE CONSTRUCTION, OPERATION, AND MAINTENANCE OF THE FUTURE BAYSHORE BIKEWAY WHEREAS, THE San Diego Association of Governments (SANDAG), Caltrans, the cities of National City, San Diego, and Chula Vista, the San Diego Unified Port District, and Naval Base San Diego have formed a partnership to oversee the design and construction of the Bayshore Bikeway, which will form a 24-mile ring around the San Diego Bay for non -motorized use; and WHEREAS, since segments of the bikeway are planned for construction on Naval Base San Diego property, an easement for portions of Harbor Drive, Civic Center Drive, and Tidelands Avenue in National City is required to allow for construction and maintenance; and WHEREAS, the City of National City will be responsible for maintenance of the bikeway for the approximately 2.3 mile segment within National City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute an Easement Agreement with the United States Department of the Navy for portions of Harbor Drive, Civic Center Drive, and Tidelands Avenue in National City for the construction and maintenance of the Bayshore Bikeway. A copy of said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 15th day of Dece 2009. c2o ATTEST: Mic ael R. Dalla, ity Clerk APPROVED AS TO FORM: 3t' George H. Eiser, III City Attorney n Morrison, Mayor Passed and adopted by the Council of the City of National City, California, on December 15, 2009 by the following vote, to -wit: Ayes: Councilmembers Morrison, Parra, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California .0441/1 City ' lerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2009-289 of the City of National City, California, passed and adopted by the Council of said City on December 15, 2009. City Clerk of the City of National City, California By: Deputy Oaooct City of National City, California COUNCIL AGENDA STATEMENT _AEETING DATE December 15, 2009 AGENDA ITEM NO. 7 ITEM TITLE A Resolution of the City Council of the City of National City authorizing the Mayor to execute a Grant of Easement Agreement with the United States Department of the Navy to provide the City an easement on Naval Base San Diego property for the construction, operation and maintenance of the future Bayshore Bikeway PREPARED BY Stephen Manganiello J741 EXPLANATION See attached. DEPARTMENT EXT. 4382 Development Services / Engineering Environmental Review X N/A MIS Approval Financial Statement No financial requirements at this time STAFF RECOMME NDATION N/A Approved By: Finance Director Account No ATTACHMENTS (Listed Below) Resolution No. '-'se' o - % 9 1. Resolution 2. Figures and Exhibits 3. Agreement A-200 (Rev. 7/03) OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. Dalla, CMC - City Clerk 619-336-4228 phone • 619-336-4229 fax January 28, 2010 Mr. David Butler Assessor / Recorder / County Clerk County of San Diego P.O. Box 121750 San Diego CA 92112-1750 Dear Mr. Butler: We are submitting the following documents in duplicate for recording: U. S. GOVERNMENT GRANT OF EASEMENT N6247309RP00068 Please note the recording information on the duplicate copy provided, and return it to the Office of the City Clerk. Sincerely, Michael R. Dalla, CMC City Clerk Enclosures Esther Clemente Subject: Due Date: Contract: Follow Up with Mr. DaIla Docs for Recording Thursday, July 29, 2010 Status: Not Started Percent Complete: 0% Total Work: Actual Work: 0 hours 0 hours Owner: Esther Clemente Resolution No. 2009-289 Adopted December 15, 2009 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A GRANT OF EASEMENT AGREEMENT WITH THE UNITED STATE DEPARTMENT OF THE NAVY TO PROVIDE THE CITY AN EASEMENT ON NAVAL BASE SAN DIEGO PROPERTY FOR THE CONSTRUCTION, OPERATION, AND MAINTENANCE OF THE FUTURE BAYSHORE BIKEWAY. • 02-04-10 - Mailed to County Clerk Grant of Easement for recording • 02-15-10 - County Clerk returned documents for multiple correction • 02-18-10 - Mr. DaIla returned original documents to Steve M. for correction • 03-04-10 - Mr. DaIla has original documents; he needs to go to the County Clerk's office downton to record them • 03-24-10 - Mr. DaIla went to record documents; County Clerk needed more legible maps; Steve M. to obtain new maps • 05-10-10 - Steve forwarded new maps with Mr. DaIla with note from County Clerk confirming that docs are okay for recording • 05-10-10 - Mr. DaIla to bring docs to County Clerk for recording • 05-12-10 - Mr. DaIla brought docs for recording; County Clerk's office declined recording maps for the second time • 05-12-10 - Mr. DaIla discussed unrecordable maps with Steve M. • 06-07-10 - Steve M. provided another batch of maps to Mr. Dalla • 07-26-10 - Mr. DaIla brought docs for recording • 07-26-10 - Docs FINALLY recorded by the County Clerk 1