San Juan, Puerto Rico, this sixth (6th ) K-1...The Original Agreement did not address ownership of a...

---------------NUMBERTHIRTY ONE (31)--------------

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

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

--------------CLEAN PARCEL ELEVEN (11)-------------

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

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

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

---JORGE L. MENDIN, Attorney at Law and Notary

Public in and for Puerto Rico, residing at San

Juan, Puerto Rico and with offices at 60 Jose Marti

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

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

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

America, hereinafter "Grantor" , acting by and

through the Department of the Navy (the "Navy"),

Real Estate Contracting Officer, under and pursuant

to the powers and authority contained in the

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

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

§ 2687 note, as amended, and the implementing

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

Part 174), having an address of four thousand nine

hundred eleven (4911 ) South Broad Street,

Philadelphia, pennsylvania herein represented by

Gregory C. Preston, also known as Gregory Charles

Preston, of legal age, married and resident of the

State of New Jersey, United States of America, who

is authorized to appear in this deed as real estate

contracting officer, by virtue of that Certificate

of Appointment signed by the Assistant Secretary of

the Navy (Installations and Environment) on August

eighteenth (18 th), Two Thousand Six (2006).---------

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

Puerto Rico, hereinafter "Grantee", acting by and

through the Local Redevelopment Authority for Naval

Station Roosevelt Roads, public corporation and

government instrumentality of the Commonwealth of

Puerto Rico, herein represented by its Executive

Director, Maria de Lourdes Blazquez Arsuaga, of

legal age, married and resident of Guaynabo, Puerto

Rico, as authorized by the Resolution, signed on

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

the Secretary of Economic Development and Commerce,

Alberto Bac6 Bague, President of the Board of

Directors, and certified by the Secretary of the

Board of Directors, Francisco Acevedo, on May

second (2nd) of the year two thousand thirteen

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

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

acquainted with the persons appearing herein and by

their statements I further certify as to their age,

civil status, profession and residence. They assure

me that they have and in my judgment they do have

the necessary legal capacity to execute this

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

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

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

Commonwealth of Puerto Rico entered into a

Quitclaim Deed dated May six (6), Two Thousand

Thirteen (2013), executed by the United States of

America, represented by Gregory C. Preston, Real

Estate Contracting Officer and the Local

Redevelopment Authority for Naval Station Roosevelt

Roads represented by Maria de Lourdes Blazquez

7.

Arsuaga, as its Executive Director, hereinafter

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

---SECOND: The appearing parties state that the

Qui tclaim Deed pursuant to which the United States

of America transferred to the Local Redevelopment

Authority for Naval Station Roosevelt Roads the

title of the following described property,

hereinafter the "Property", is presently in

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

---"Rural: Parcel of land identified as Sale Parcel Roman Numeral Two (II) B, situated in the Ward of Guayacan, Municipality of Ceiba, Puerto Rico, containing an area of three hundred eighty-three thousand one hundred sixty-seven point zero (383,167.0) square meters, equivalent to ninety-seven point four hundred eighty-eight (97.488) cuerdas, more or less, bounded on the North and West, by lands of the principal estate from which it is segregated, property of the United States of America; on the East and South, by the Caribbean Sea."-----------------

---The Property was segregated from property number

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

Registry of the Property, Fajardo Section, and

appears recorded at Page 139 of Volume 163 of

Ceiba, property number 10,300.---------------------

---Due to changes affecting the properties adjacent

to its boundaries the general surface description

of the Property has changed and its new description

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

-----------------CLEAN PARCEL ELEVEN (11)---------

---"Rural: Parcel of land identified as Clean Parcel Eleven ( 11) (formerly Sale Parcel Roman Numeral Two (II) B), situated in the Ward of Guayacan, Municipali ty of Ceiba, Puerto Rico, containing an area of three hundred eighty-three thousand one hundred sixty-seven point zero zero zero (383,167.000) square meters equivalent to ninety-seven point four hundred eighty-eight (97.488) cuerdas, more or less, bounded on the North by Conservation Zone 12, property of the Commonwealth of Puerto Rico, Department of Natural Resources, on the South by the Caribbean Sea, on the East by the Caribbean Sea and on the West by Conservation Zone 13, property

of the Commonwealth of Puerto Rico, Department of Natural Resources and Ensenada Honda."-------------

---THIRD: The Grantor acquired title to the

Property by virtue of Deed of Segregations and

Description of Remnant Deed Number Five Hundred

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

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

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

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

encumbrances except those that may appear of

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

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

Deed for and in consideration of the perpetual use

of the Property, transfers to the Grantee and to

its successors and assigns, subject to the

reservations, exceptions, restrictions, conditions

and covenants expressed and set forth in the

Quitclaim Deed, all rights, title and interest in

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

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

and all existing rights-of-way, easements,

covenants and agreements affecting the Property.---

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

Grantee, its assigns, and all parties shall comply

wi th all applicable Federal, State, municipal, and

local laws, rules, orders, ordinances, and

regulations in the occupation, use, and operation

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

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

pages. Appended thereto are five (5) Exhibits that

the appearing parties have agreed to attach to the

first certified copy of this deed for purposes of

4

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

---NINTH: The appearing parties have agreed to

convert the Quitclaim Deed into a public instrument

for the purpose of recording it in the

corresponding section of the Registry of Property

of Puerto Rico and hereby do so by delivering the

Quitclaim Deed to me, the Notary, which I proceed

to attach to the original of the Quitclaim Deed so

as to make it an integral part of my protocol of

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

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

public deed, the appearing parties hereby ratify

and confirm all of the terms and conditions of the

Quitclaim Deed and acknowledge that the attached

document which they have delivered to me contains

all the terms, covenants and conditions of their

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

---ELEVENTH: The appearing parties hereby agree to

the extent required by law applicable to the United

States of America, to fully cooperate to remedy

promptly any and all technical defects and

irregularities of title that may constitute an

impediment or bar to the due and proper recordation

of this deed in the Registry of property, free from

defects, including, without limitation, the

execution and filing for record of any

supplementary or clarification deeds, affidavits,

and other public and/or private documents. Any

obligation created on the United States of America,

is specifically made subject to the availability of

appropriated funds to be used for such purposes.

Nothing contained herein shall be interpreted to

c

require obligations or payments by the United

States of America that are in violation of the

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

---TWELFTH: Only for purposes of recording the

present deed at the Registry of the Property, the

Property is valued at ONE THOUSAND DOLLARS

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

---THIRTEENTH: The appearing parties hereby request

the Registrar of the Property to record the

Quitclaim Deed which has been acknowledged,

ratif ied and converted to a public deed hereunder,

together with the restrictive covenants t~erein

stated.--------------------------------------------

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

---The appearing parties in accordance with the

particulars of this Deed accept the same, in all

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

neces sary legal admonitions and warnings pertinent

to this public instrument. Thus, the appearing

parties state and execute this deed in my presence

after having read the same, and place their

ini tials on each and every page hereof and sign

their name on the last page of this deed, before

me, the Notary, that as to everything else

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

6

QUITCLAIM DEED Clean Parcel 11 (Sale Parcel lIB)

Execution Version 5-3-13

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

10 upon the following facts: 11 12 Recitals 13 14

15

16 17

18

19 20

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

21 B. Pursuant to the power and authority provided by Section 2905(b)(4) of the Base 22 Closure Act and the implementing regulations of the Department of Defense (32 C.F.R. Part 23 174), the GOVERNMENT is authorized to convey surplus property at a closing installation to a 24 local redevelopment authority for economic development purposes. 25 26 C. On August 30, 2006, the Office of Economic Adjustment of the Department of 27 Defense recognized the GRANTEE, also known as the Portal del Futuro Authority and the 28 Roosevelt Roads Naval Base Lands and Facilities Redevelopment Authority, as the local 29 redevelopment authority for purposes of implementing the local redevelopment plan at NSRR. 30 31 D. GRANTEE, by application dated 17 December 2010, requested an "Economic 32 Development Conveyance" ("EDC") of a portion of the surplus property comprised of 33 approximately 1370.20 acres ofthe former Naval Station Roosevelt Roads, Ceiba, Puerto Rico. 34 35 E. The GRANTEE's EDC application was accepted by the GOVERNMENT on 16 36 September 2011. 37 38 F. The GOVERNMENT and the GRANTEE executed an Economic Development 39 Conveyance Memorandum of Agreement on December 20, 2011 ("Original Agreement") 40 detailing the specifics of the transfer of property under the Government-approved EDC,

4816-8251-5731.1

Clean Parcel 11 Deed Page 2.

1 including the consideration to be paid by the GRANTEE to the GOVERNMENT for such 2 transfer. 3 4 G. The Original Agreement did not address ownership of a parcel consisting of 5 approximately one thousand, five hundred and forty-two (1,542) acres at NSRR referred to as 6 "Parcel 1" and a parcel consisting of approximately four hundred and ninety-seven (497) acres at 7 NSRR referred to as "Parcel 2." 8 9 H. The GOVERNMENT and the GRANTEE executed an amendment to the Original

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

14

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21

I. GRANTEE herebY offers consideration in the amount set forth in the EDC Agreement, plus other good and valuable consideration, to it in hand paid by GRANTEE, the receipt of which is hereby acknowledged; and GOVERNMENT has granted, bargained, sold, and released and by these presents does grant, bargain, sell, and release unto the said GRANTEE, its successors, and assigns, all right title and interest in and to that certain parcel of real property at the former NSRR and identified as "Clean Parcel 11" by the NSRR Disposal Map attached hereto and made a part hereof as Exhibit "A."

22 NOW THEREFORE, by the acceptance of this Quitclaim Deed or any rights hereunder, 23 the GRANTEE, for itself, its successors and assigns, agrees that the transfer of all the property 24 transferred by this Quitclaim Deed is accepted subject to the following terms, restrictions, 25 reservations, covenants, and conditions set forth below, which shall run with the land, provided 26 that the property transferred hereby may be successively transferred only with the proviso that 27 any such subsequent transferee assumes all of the obligations imposed upon the GRANTEE by 28 the provisions of this Quitclaim Deed with respect to the property being transferred. 29 30 IN CONSIDERATION OF THE FOREGOING, of the terms and conditions set forth 31 below and of other good and valuable consideration (the receipt and adequacy of which, as 32 consideration, the parties hereto both acknowledge), the parties hereto, intending to be legally 33 bound hereby, have agreed to, and do hereby, effectuate the conveyance set forth below. 34 35 Conveyance Language 36 37 GOVERNMENT does hereby, subject to any easements and encumbrances of record 38 and subject to the reservations, exceptions, notices, covenants, conditions, and restrictions 39 expressly contained herein, grant, sell, convey, remise, release, and quitclaim unto GRANTEE, 40 its heirs, successors, and its assigns, without any warranty, express or implied, as to the quantity 41 or quality of GOVERNMENT's title (except such warranties as are specifically set forth herein, 42 required by 42 U.S.C. § 9620(h)(4), or otherwise required by law), all GOVERNMENT's right, 43 title, and interest in that certain real property, comprising 94.682 acres or 97.488 cuerdas, as per

4816-8251-5731.1


1 plat or land plot plan prepared by Integra - Architects and Engineers, and recorded at the 2 Registry of Property with this same total area of cuerdas (collectively, "PROPERTY"), 3 including, but not limited to the underlying, estate, buildings, structures, and improvements 4 situated or installed thereon, commonly known as and referred to herein as Clean Parcel Eleven (CP-5 11) (formerly Sale Parcel Roman Numeral Two (II) (B)), more fully described on the documents 6 attached to this Quitclaim Deed and incorporated herein as Exhibit "B". 7 8

9

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11 12

13

14 15

16 17

18 19

TOGETHER WITH all and singular the ways, waters, water-courses, driveways, rights, hereditaments and appurtenances, whatsoever thereunto belonging, or in any wise appertaining, and the reversions and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, property, claim and demand whatsoever of GOVERNMENT, in law, equity, or otherwise howsoever, of, in, and to the same and every part thereof, and

TO HAVE AND TO HOLD the said lots or pieces of ground above described, the hereditaments and premises hereby granted, or mentioned and intended so to be, with the CX7f appurtenances, unto the said GRANTEE, its heirs, its successors, and its assigns, and subjeCt to U U A

the .reservations, restrictions, and conditions set forth in this instrument, to and for the only A/l J\ - U proper use and behalf of the said GRANTEE, its heirs, its successors, and its assigns forever. - / Y ,([!.:-

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

28 29

Environmental Notices for the Property

30 II. Notice of Environmental Condition: Information concerning the environmental 31 condition of the PROPERTY is contained in the document known as the Finding of Suitability 32 to Transfer dated December 2007 (Sale Parcel II - Capehart), which is attached hereto and 33 made a part hereof as Exhibit "D" (the "FOST"), the receipt of which is hereby acknowledged 34 by the GRANTEE. An Environmental Condition of Property (ECP) report is referenced in 35 the FOST; the FOST and ECP reference environmental conditions on the PROPERTY. The 36 FOST sets forth the basis feir the GOVERNMENT's determination that the PROPERTY is 37 suitable for transfer. Together, the ECP and FOST contain all pertinent information currently 38 known by GOVERNMENT as to the environmental condition of the PROPERTY. GRANTEE 39 hereby acknowledges that it has been provided copies of the ECP and FOST. The specific 40 environmental conditions described in the FOST and ECP, which are applicable to the 41 PROPERTY, are contained in this Quitclaim Deed. 42

4816-8251-5731.1


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

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

10 of this deed for contamination existing on the PROPERTY prior to the date of this deed shall be 11 conducted by the United States. 12 13 b. Access Rights Pursuant to Section 120(h)( 4)(D)(ii) of the Comprehensive 14 Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. § 15 9620(h)(4)(D)(ii)): The United States retains and reserves a perpetual and assignable easement 16 and right of access on, over, and through the PROPERTY, to enter upon the PROPERTY in any 17 case in which an environmental response or corrective action is found to be necessary on the part 18 of the United States, without regard to whether such environmental response or corrective action 19 is on the PROPERTY or on adjoining or nearby lands. Such easement and right of access 20 includes, without limitation, the right to perform any environmental investigation, survey, 21 monitoring, sampling, testing, drilling, boring, coring, testpitting, installing monitoring or 22 pumping wells or other treatment facilities, response action, corrective action, or any other action 23 necessary for the United States to meet its responsibilities under applicable laws and as provided 24 for in this instrument. Such easement and right of access shall be binding on the GRANTEE and 25 its successors and assigns and shall run with the land. 26 27 In exercising such easement and right of access, the United States shall provide the GRANTEE 28 or its successors or assigns, as the case may be, with reasonable notice of its intent to enter upon 29 the PROPERTY and exercise its rights under this clause, which notice may be severely curtailed 30 or even eliminated in emergency situations. The United States shall use reasonable means to 31 avoid and to minimize interference with the GRANTEE's and the GRANTEE's successors' and 32 assigns' quiet enjoyment of the PROPERTY. At the completion of work, the work site shall be 33 reasonably restored. Such easement and right of access includes the right to obtain and use utility 34 services, including water, gas, electricity, sewer, and communications services available on the 35 PROPERTY at a reasonable charge to the United States. Excluding the reasonable charges for 36 such utility services, no fee, charge, or compensation will be due the GRANTEE, nor its 37 successor and assigns, for the exercise of the easement and right of access hereby retained and 38 reserved by the United States. 39 40 In exercising such easement and right of access, neither the GRANTEE nor its successors and 41 assigns, as the case may be, shall have any claim at law or equity against the United States or any 42 officer, employee, agent, contractor of any tier, or servant of the United States based on actions

4816-8251-5731.1


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

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

10 GOVERNMENT of any subsequent sale or assignment of the PROPERTY, or any portion 11 thereof, and provide contact information concerning the new owner or assignee. The following 12 is the point of contact for notice to the GOVERNMENT: 13 14 Director 15 NA VF AC BRAC Program Management Office SE 16 4130 Faber Place Drive 17 Suite 202 18 North Charleston, SC 29405 19

20 21

22 23

24

25 26 27

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

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

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

4816-8251-5731.1

1


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

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

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

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

4816-8251-5731.1


1 structures on the PROPERTY. The GRANTEE covenants that it will, and it will require future 2 transferees of the PROPERTY to, prohibit use or occupancy of buildings and structures, or 3 portions thereof, containing known friable and accessible, or damaged ACM prior to abatement 4 of the friable and accessible, or damaged ACM or demolition of the building or structure, to the 5 extent required by applicable law. 6 7 2. The GRANTEE covenants and agrees that it shall require, and it shall require 8 future transferees of the PROPERTY, in its use and occupancy of the PROPERTY, including but 9 not limited to demolition of buildings containing ACM, to comply with all applicable Federal,

10 Commonwealth and local laws relating to ACM. The GRANTEE acknowledges that the 11 GRANTOR assumes no liability for costs or any damages for personal injury, illness, disability, 12 or death to the GRANTEE, or to any other person, including members of the general public, 13 arising from or incident to the purchase, transportation, removal, handling, use, disposition, or 14 activity causing or leading to contact of any kind whatsoever with ACM in the improvements on 15 the PROPERTY, arising after the conveyance of the PROPERTY from the GRANTOR to the 16 GRANTEE, whether the GRANTEE has properly warned, or failed to properly warn the persons 17 injured. 18 19 20 21 22 23

24

3. The GRANTEE covenants and agrees that it shall, and it shall require future transferees of the PROPERTY, upon demolition of the improvements located on the C1\UR PROPERTY, remove all ACM in accordance with the EPA National Emission Standard for~ U \)1 Hazardous Air Pollutants (NESHAP), 40 C.F.R. Section 61, Subpart M and applicable Commonwealth laws and regulations.

25 VII. Non-interference with Navigable Airspace: The GRANTEE covenants for itself, 26 successors, and assigns, and every successor in interest to the PROPERTY herein described, or 27 any part thereof, that any construction or alteration is prohibited unless a determination of no 28 hazard to air navigation is issued by the Federal Aviation Administration in accordance with 29 Title 14, Code of Federal Regulation, Part 77, entitled "Objects Affecting Navigable Airspace", 30 or under the Authority of the Federal Aviation Act of 1958, as amended. 31 32 VIII. Protection of Archeological Resources: The GRANTEE shall monitor for 33 archeological artifacts during its construction activities and shall take appropriate action should 34 any artifacts be discovered in accordance with the Memorandum of Agreement between the 35 United States Navy and the Puerto Rico Historic Preservation Officer concerning the disposal of 36 Naval Activity Puerto Rico executed September 28,2011. 37 38 IX. Protection of Wetlands: The GRANTEE is hereby notified that the PROPERTY may 39 contain wetlands. Wetland activities such as filling, draining or altering are regulated by Federal 40 laws. Section 404 of the Clean Water Act (CWA) establishes a program to regulate the 41 discharge of dredged or fill material into waters of the United States, including wetlands. 42 Activities in waters of the United States regulated under this program include fill for

4816-8251-5731.1


1 development, water resource projects (such as dams and levees), infrastructure development 2 (such as highways and airports) and mining projects. 3 4 General Provisions 5 6 X. Conveyance is "As Is - Where Is": Except as expressly provided in this Quitclaim 7 Deed or as otherwise required by law, the PROPERTY is being conveyed "AS IS" and "WHERE 8 IS," without representation, warranty, or guaranty as to quality, quantity, character, condition, 9 size, kind, or fitness for a particular purpose. In this regard, GRANTEE acknowledges,

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

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XI. Covenant Regarding Non-Discrimination: GRANTEE covenants for itself, its successors, and assigns and every successor in interest to the PROPERTY, or any part thereof, that GRANTEE and such heirs, successors, and assigns shall not discriminate upon the basis of race, color, religion, disability, or national origin in the use, occupancy, sale, or lease of the PROPERTY, or in their employment practices conducted thereon. This covenant shall not apply however, to the lease or rental of a room or rooms within a family dwelling unit, nor shall it apply with respect to PROPERTY used primarily for religious purposes. The United States of America shall be deemed a beneficiary of this covenant without regard to whether it remains the owner of any land or interest therein in the locality of the PROPERTY hereby conveyed and shall have the sole right to enforce this covenant in any court of competent jurisdiction.

26 XII. General Notice Provision: 27 28 To facilitate such future cooperation, the following points of contact have been designated by the 29 GOVERNMENT, GRANTEE, United States Environmental Protection Agency (USEP A) and 30 Puerto Rico Environmental Quality Board (PREQB): 31 32 GOVERNMENT: 33 34

35

36 37 38 GRANTEE: 39 40

41

42

43

4816-8251-5731.1

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

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

, >


1 With a copy to: Kutak Rock LLP 2 3

4

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6

1101 Connecticut Avenue, NW Suite 1000 Washington, DC 20036 Attention: George Schlossberg, Esq.

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

9

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11

12

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

13 PREQB: Puerto Rico Environmental Quality Board Oficina del Presidente - Piso 5 Ave. Ponce de Leon #1308

14

15

16 Carr Estatal 8838 17 Sector EI Cinco 18 Rio Piedras, PR 00926 19

20 XIII. Recording of Title: 21

22 23

24

25 26 27

28

29

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

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

4816-8251-5731,1

1

2

3

4

5 6

7

8

9


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

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

The remainder of this page is intentionally left blank

4816-8251-5731.1


Execution

IN WI1NESS WHEREOF, the undersigned, acting pursuant to the authority vested unto him as Real Estate Contracting Officer for the United States of America, has hereunto executed this Quitclaim Deed as of the day and year first written above.

UNITED STATES OF AMERICA

By: Navy BRAC PMO

Affidavit No. 14' (", ~)

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

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


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

Affidavit No. ct. 7e e'11 't)

LOCAL REDEVELOPMENT AUTHORITY NAVAL STATION ROOSEVELT ROADS

By: ________ ~------__ ~~~~ Maria L. Bhizquez Arsuaga Executive Director

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

In San Juan, Puerto Rico this -'±1. day of May, 2013.

Exhibit" A"

NSRR DISPOSAL MAP

4816-8251-5731.1

~~ Exhibit A 04.30.13

u

LEGEND fIT'] FOST Clean Parcel 1

o FOST Clean Parcel 2

o E$!.,L1!-IFOC Parcels

o Parcel 3

o NA Puerto RIco --~ -

"

Exhibit "B"

LEGAL DESCRIPTIONS OF PROPERTY CONVEYED CLEAN PARCEL 11

The surface measurement as per the plat or plot plan prepared by Integra - Architects and Engineers is as follows:

"Rural: Parcel of land identified as Clean Parcel Eleven (11) (fonnerly Sale Parcel Roman Numeral Two (II) B), situated in the Ward of Guayacan, Municipality of Ceiba, Puerto Rico, containing an area of three hundred eighty-three thousand one hundred sixty-seven point zero zero zero (383,167.000) square meters equivalent to ninety-seven point four hundred eighty-eight (97.488) cuerdas, more or less, bounded on the North by Conservation Zone 12, property of the Commonwealth of Puerto Rico, Department of Natural Resources, on the South by the Caribbean Sea, on the East by the Caribbean Sea and on the West by Conservation Zone 13, property of the Commonwealth of Puerto Rico, Department of Natural Resources and Ensenada Honda."

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

"Rural: Parcel of land identified as Sale Parcel Roman Numeral Two (In B, situated in the Ward of Guayacan, Municipality of Ceiba, Puerto Rico, containing an area of three hundred eighty-three thousand one hundred sixty-seven point zero (383,167.0) square meters, equivalent to ninety-seven point four hundred eighty-eight (97.488) cuerdas, more or less, bounded on the North and West, by lands of the principal estate from which it is segregated, property of the United States of America; on the East and South, by the Caribbean Sea."

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

----------------------------CLEAN PARCEL ELEVEN (11 )---------------------------"Rural: Parcel of land identified as Sale Parcel Roman Numeral Two (II) B, situated in the Ward of Guayacan, Municipality of Ceiba, Puerto Rico, containing an area of three hundred eighty-three thousand one hundred sixty-seven point zero (383,167.0) square meters, equivalent to ninety-seven point four hundred eighty-eight (97.488) cuerdas, more or less, bounded on the North by Conservation Zone 12 (Commonwealth of Puerto Rico, Department of Natural Resources), on the South by the Caribbean Sea, on the East by the Caribbean Sea and on the West by Conservation Zone 13 (Commonwealth of Puerto Rico, Department of Natural Resources) and Ensenada Honda."

4816-8251-5731.1

4816-8251-5731.1

Exhibit "C"

ACCESS EASEMENTS

.~ __ ._..,.----: .. -.. _. '_ .. ";"----"-M .. '-:--.---: ... ~~---.----""":'-. --'"':"-,-------- .. -.~~---:"-----.. --........ -... --.--~--~-.--------:'-, --:-r

!

----DEED NUMBER: FIVE HUNDREP SEVENTY FIVE: (5,75) ---

----- DEEIlOF CONSTITuTION OF PATH EASEMENTS------

---rIi San Juan, Puerto Rico, this eighth (ath)

day' of October of the year two thoul3al).d ten

(2Qlfr~.--~---------~--~~---~-----.----------------

--------- ----------- BEFORE ,rolE: ----.,.-- - ------ ------

---RAUL J. VILA BELLES.;. Attorney-at-Law and Nptary

Public:, in and for the· Commonwealth, of Puerto Rico:"

with office and: residence in San Juan, Puerto

Ri'co; -.------- ----------.- ---'-----,-.--------~ -'--- ---

--- -------- ----.----~- APPEARS --'-----,r --- ----------

---AS SOLB PARTY: United Statel:! 9iAm'erica, acting,

by and through. 1:11& Department of the' Navy, Baae-

Realignment and Closure: program Management Office

southeast, under and, pll.rsuant to' the powers and

authority contained in the provisions' of Title Ten

(10), Section Twq Thousand Eight. HUndred Seventy.,.

Eight' (2878), of. the United States Code', and

reguUitioIUf and orders promulgate4, t.hereunde:J;'"

having. an address of forty .. one thirty' (4~30) Faber

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

Charleston, South. Carolina herein representeq bY

Gregory C. Preston, alSO' known as Gregory Charles

Preston, of legal age, married and resident of t.he

State of New Jersey) United States of America; who

is authorized to appear in this deed as real

estate contracting officer, by virtue of that

Certificate of Appointment: signed by B-.':1". Penn" ,-"

Assistant' Secret.ary of the. Navy {Installat.ions and

Environment} , on August. eigl)teenth (~8-th}. t t.wo

thousand six (lOOo) .------------------------------

---I, the Not.ary public, do hereby certify and

attest that I personally know the appearing party

1

~j " , ,

anct his age, civ:f,l.status, and ,residence, by his

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

judgment he. does have, the- legal capacity

necessary for the execution of this deed,· and for

that purpose he freely--------------.--------------

-.----- - -.-- ---- ----- -.- S'l'ATES-'-- -~ - ----.-.------ -- ---

---FIRST: That. the Airport, the Conservation

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

parcelsr appear recorded in the Registry of the

property,. in favor of; the United States of

America,. described in the. Englisq language as .. 'r

follows .:-_ -- _._ -.-- - -- -'- -- -- - -- - --- ~.~1.._;:.. ___ . __ . __ -----

--- ----------- - ------ AIRl?ORT ------ ---- ---.",--- ----

---"Ruralr parcel of land identified as Airport situated in the Wards of Machos, c!lupacallos and Quebrada Seca, Municipality of Ceiba, puerto Rico', containing six. million six hundred sixty-one thousand, eight hundred and three point six (6, 66.1.,803.5J square meters equivalent to one thousand six hundred. ninety-four point nine hundred f'orty-five (1694.94;5) cuerqas" more or. less. Bounded on the North and wast by the MUnicipality of· Ceiba;. and on the South and East:· by lands of the principal estate. from which. it is. segregated. ~ - ---- ----------.------------------ -.----

--------------- CONSER.VATION ZONES----------------

---"Rural: Parcel of land identified as Conservation· Zones situated in the Wards of Los Machos, Guayac.in and Quebrada seca,.Municipality of ceiha and the Ward ot Daguao, MUnicipality of N:aguabo, Puerto Rico, containing an area of twelve million eighty fiva thousand. nine hundred and thirty point nine: (12,085;930..9) square meters equivalent to three thOusand, and seventy_four point ninE! hundred· and ninety (3074.99"0) cuerdas more· or les8,. comprised ·of the following:---------

---Conservation Zone One· (l.)'-.,.--_-----_-----------

- -.,. "Rural: Parcel. of land identified as Conservation Zone One. (1.) situated in/the ward of naguao, Municipality of Naguabo,. Puerto Rico containing an area. of three· hund:t-ea; seventy-three thousand five hundred. and' fbrty·four point: six (373,544.6) square meters equivalent: to. ninety'" five point :<:ero' four zerO (95'.040) cuerdas, mora or lees, bounded on the North and East by lands of the principal estate: from which it is segregatedt on the South, by Felix Roblee and the· Municip~ity of Naguabo I Puerto. Rico;. and On the West., by the Municipality- of Naguabo. Puerto Rico."------------

2

_..,._ . ...,.~~""'<""._. ___ ~ _____ ~_. ______ . __ ._. _____ --.,-_.M""'~ .. _ .. M_._...,.._. ~.~.,........._ ___________________ . ____ ._ ......... __ ~ _______ ._ .. __ ......... n· .... _ •• ___ ••• _ ••••• _ •••••••••••

---Conservation Zone F.ive (5)---------------------

---"Rural: Parcel of lan~ identifieli as Conservation. Zone Five (S) situated in the Wards o~ Guayacan and Quebrada Seca, Municipality. of Ceiba, PUerto Rico and the' Ward of Daguao" Municipality of' Naguabo·, Puerto Rico'/ containing Cln area: of, three million six hundred and thirty-· nine thousanc:1 four hundl:'ed and eighty-five point zero- (3; 639,485.0:). sqilare meters, equivalent to nine. himdred and twenty-five point. nine hundred eighty-foUl:" . (925.984). . cuerdas,. mor.e or less r

comprising the, fol1owing~------------------·-------

---Portion A. Municipality of Ceiha; -------------

---"Rural: Parcel of' land identified as. Cons!,!rvation Zone Five (5' situated in the Wards of Guayacan and' Quebrada. Seca. Mu,nicipality' of Ceiba, puerto Rico, containing' a.n·,.area. of two million. two hundred and seventy""" tHousand eight hundred. and: five point. five. (2',270,80S.5) square meters, eqilivalent to five hundred seventy-s.even point. seven huncb:ed fifty-five (577. 75S) cuerdaa, more or 'less, 'bounded on· the North, East and West by lands of: the· principal estate from which it is segregated and: on the South by Bahia Algodones~"-·-

---Portion B .• Munic-ipality of Naguabo;.------------

---"Rural: Parcel of' land identified. aft conservation Zone. Pive (~.} situated in the Ward. of; Daguao, Municipality of Naguabo, puertQ Rico, cotltaining: an'al';ea of one million three. hundred. sixty-eight thoUsand: six. hundred s·eventy-ni~e., point: five (:1.,368,679,.5) square meters-, eqUivalent to three hundred: forty-eight poip.t two hundred. twenty-nine (3'48.2·29) cuerdasi more. or less, bounded on t1:1e North, East and Nest. by lands of the' principal estate: from. which it is, segregated and on the. South, by Bahia Algodones. ,,-.-.----------

---Conservation Zone: Nine (9} ;---------.---.-------

--- ~Rural.:. .Parcel of land identified. as conservation Zone Nihe (9) sittiated in the Ward of. GUayacan,. MUnioipality of CeiM, Puer.t:Q; Rico containing' an area of: ten' thousand three hundred: and twenty-three point. one (lO,323.l) square meters, equivalent to two point six hundred and twenty-six (2'.626'-) cuerdas,. more. or less, bounded on the North, South and West bY lands of the principai estat~. from. which it. is: segr.egated) on the East by tha caribbean Sea."--------.:.-·-------·---

---Conservation: Zona Eleven (·l~) ;:------'-----------

- - - nRural.: l?arc.el of land identified as Conservation Zone Eleven (~l) situated in the Ward of Guayacan, MUnicipality of Ceiba, Puerto Rico containin~ an area of four thousand seven hundred and sixty four point eight· (4; 754;a:~ square meters, equivalent' to one point two hundred arid twelve (~.212.) cuerdas" more or less·, bounded on

the North,. South and West by lands, o.f the principal; estate fl::om which: it, is, segregatt;!d; on the Bast: by the caribbean Sea."-------------~-----

---Conservation Zone Twelve (121; -----.---.----- ---~

-- - "Rural.: Parcel of land identified as· conservation. Zone. Twelve (12) situated in the. Ward of Guayacan.. Municipality of Ceiba, Puerto Rico· containing an area of. seventy'thousaIl.!i two hundred and forty nine point nine (70,24g,~}. square meters, equivalent to, seventeen point. eight hundred and seventy three (17,873:)' cuerdas·; more or less, bounded on the North and East hy the Caribbean Sea and on the SoUth and Weat;.. by lands of the prinCipal estate from which it is segre.gated."---·----.,.--------.,.--·------- ---~---- - ---

---conservation Zone Thirteen (13);---------------

---"Rural~ ParCel at land i!llentified as Conservation Zons Thirteen (13) ~ituated in the' Ward of Guayacan, Municipality' or Ceiba,. Ptlertq Rico containing an area of one million five hundred and .forty thousand and ten point nine ,(1,540,010.9,) sq1lare' meters, equivalent to three . hundred and ninety-one point: eight hunclred and twenty'-one (39·1.S21-} cu:erdas, more or less, bCiunded on the Nqrth by lands of, the prinCipal estatEf from. \>Ihleh, it: is segregated and Ensenada Honda-, on thg, Eas,t by Ensenada, Honda, on the South by lands of the principal. estate' from which, it: is' segregated and by the caribbean Sea" on the West' by lands of the princ!'ipaJ. estate from which it' is' segregated'." --------.----------- ---.----------- -----

---Conservation Zone TWenty-Six t2~):-;.--'--'-'------

---"Rural:.- Parcel of: land identified as Conse,rvatioi:l Zone Twenty-Six (26'): situated in the Ward of Guayacan, MUnicipality of Caiba, Puerto Rico contaiDfng an area of ana hundred' and sevenl:.y-one thousand ·seven hundred: and thirty-one point two (17:!,,731.2) square meters, equivalent to forty-three poin~ six hundred and ninety~three (43.693) cuerdas:, more or le'sa, bounded- on the North, South and West; by lands of the principal, estate from which it; is segregatedj on the Bast by the Ensenada Honda." -~.-----------.-'----------------

---Conservation Zone Twenty-Eight (2a) ;----'-------

- - -:: I\Rural~ Parcel of land identitied as Conservation Zone- Twenty-Eight" (28), situated in the Wa,rd of, Guayacan r MunicipaHty of Ceiha, Puerto Rico· containing an area of six-' hundred and seven thousand three hundred and. thirty point eight- {607, 33Q. 8} square meters, equivalent co' one' hundred and fifty-four point,,· five. hundred and twenty-twa (154·,.522,) cuerdas, moxa or less, bounded on: th~ North. Bast and West:. by lands; of the: prinCipal. estat"e from which it is segregated; on the south.'by the Ensena~ Honda."--------------

---consexvation Zone Los, Machos Parcel One (l}i---

4-

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

---"Rural.r Parcel of. land identified as Los Machos· Parcel One (~) situat;.ed. in. the Ward of MachosI' Municipality. of Caiba, PUeJ:to Rico containing' an area of. two hundred seventy"'·four thousand fC)rty .. t\ .. o, point two (274., 04:<{. 2) square meters, equivalent to sixty-nine, point. . seven hundred twenty-four (59,7:j4) cuerdas.,; more or less, bounded on the North by the· Majaglla ~iverl on. the: East by lands· of thi!l COuimonwealth of. puerto Rico Department of Natural Resources'i' on tha South by the lands of the principal estate from which it is segr:egated~ and on the \'.le·st· by lands of: Puerto· Dei Rey," ~ -- ... -- .. ~- --'---'-,.- -'.-- -'- - --- - - - ---.- ---- -- -- - ---

---Conservation Zone- Thirty-Nine f39r;-~-----------

---"Rur~l: Parcel 'of land identified as' Conservation Zone Thirty-Nine (33) situated in the ward of .Machos., Municipality of Ceiba., Puerto Rico containing' an area of five' million. three hundred seventy-nine thousand nine hundred.l and nineteen point nine -(5',379<, .919.9 t square me.1:i.ers, equivalent to one thousand three' hundred ·'.~nd; sixty-eight: point: seven hundred and ninety'-nine (1, J.5S·. 799~ cuerdaS', more or' less, hounded on the North by Media Mimdo and by lands of ·the princip<!l estate. from which it is segregated". on the East: by the Caribbean Sea., and, by lands of .the principal. estate from which. it is segregated and on the South and West: by lands, of the pl;'inc:ipal estate .from which it is· seg;z:-egated. H .,-- -'~- -~--- - •. ----.-----.------ ----.-

---Conservation Zone' Fifty"Eight (S8)i------------·

---"Rural: Parcel of land.' identified as: Conservation Zone Fifty~·Bi:g.ht(S8) situated in· the: Warda! GUayacan, Municipality of: Ceiba; PuertO' Rico containing an area of two thousand eighty~ eight point six. (2,088 ... 6) square meters, equivalent. to zero po~nt fiVe hundred 'and thirtyone (0' •. 531) of. a· cuerda, more' or. less, bounded on the North; East and south by' lands· of the principal. eatate from which it is segregated; on the West by. Ensenada, H!)nda: •. "----------------------

---Conservation Zane Sixty (So};------------------

- - - "Rural: Parcei of land: identified. as Conservation Zone Sixty (6'0) situated in the- Ward of. Guayacan't Municipality.' or 'Ceiba, Puerto Rico containing' an area of.: one thousand nine hundred. and ninetY7four paint seven. (~, 994.7) sqUare. meters, equivalent· to z'ero point fiVl;! hundred and seven (0.507) o£ a cuerda, more or less, bounded all the North" East and West by lands· of· the principal,· estate from' which it. is' segregated; on. the South by the. Caribbean Sea." .. ·-·~·---------------

-.,--Conservation· Zone. Sixty-Pive (55) ;-------------

--- "Ru:ra~: Pa,rcel of land identified as Canservat:i;on Zone. sixty-F.ive (65t situated in the Ward. of. Machos, !1unicipality of Ceiba, Puerto' Rico' containing an: area of five thousand six hundred and; twenty - four point fow: (5, 624.4) ~qtlare

5

_, ______ '~._R_._ .. ___ . ________________ _ ___ .--.. ___________ R _____ 'R _____ ~. _____________ ~· _____ • ___ _:__---------.

meters, equiva·lent. to one, point four, hundred and thirty-one' (l.431.). cuerdas;. more: or less, bounded on' the North ~ East and West by lands of the pr,incipal estatefrcill1. which it is segregated, on the: South by the Caribbean Sea,.!>-------------":'----

---Conservation, zone six~y.,.Six, (G6} ;-.-----.--.----

--- "Rural: Parcel of' land identified as Conservation Zone Sixty-Six (66) situated in the Ward of Machos, Muni,cipality ot Celha, Puerto Rico COntaining: em area. of four thousand eight:: hundred' and twenty point eight (4·,820, 8} square· meters, equivalent: to one P9int: two' hundred and twentyseven (~.227~ cuerdas, more or less. P9unded on the. North;, East: and South by lands' of the. principal estate, from which it is segregated, on the West bY the- caribbean Sea."----------------------LOS MACHOS THRES (3r---------------------------

- - - "Rural: Parcel of land: ident'ified .. as Los Machos Parcel Three ·situat.ed in the I?,ird, .of· MacholiJ, Municipality of Ceiba; Puerto' Rid.o,· containing> f1 ve hundred sixt.y-nine, thousand two hundred ninety-eight point t.hree· (559,.298.3) square meters: e~ivalent: to one' hundred forty-four. point:: eight: hundred, forty-five (144.845) cuerdas, more or less. Bounded. on, the North and South by the lands of, the principal, esta!;:e. from, which. it is segregated, all the E'ast .by. the edge, of water of Puerto Medic Mundq. and'on the West by lands of the principal estate, froll\' which. it' is. segregated."

- - --- - -,------ - -- -- ---HO,s:PI'l'AL-------·-- - ~ ----- --- -.-

- - - "Rural: Parcel. of lahd idemtified as Hospita;l., situated in the Ward of Machos, Municipality of Ceiba, Puerto Rico,. containing an. area at one, hundred thirteen thousand seventy seven point zero (1.13,.077. O~ square meters: equivalent to twentyeight point !'I even hundred sevent.y (29.770) cuerdas, more or less t bounded on the North, East,. South, and west by lands of the principal. estate from which it is segr.egated·.;;·-,--~-'-----~-----~---~

-,--All of' the> above described parceis were

segregated from propertY.' number nine, thousand

seven hundred fifty-two (9,'152}, recorded at: pags'

seventy-six (76}, of voll,lllle one hundred fifty-;one,

(151.) of Ceiba; Registry of property of: puert'o "

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

-..,-As per the Registry of t;:be property, all of thE1

above parcels, free from liens and

encumbrances',· - ----,- -.- - -'- - -- -'-- ---.- -- ----- - - - - -----

6

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

--·-SECOND: That the- appeariI;lg' party- represents·

that it iEi also the' owner and sole. title holder of

th!! following par.cel of land,. which, is the remnant

after the 'segreg:ation of the. Airport, the

Conservation. Zones, Los Machos Three' (31, and. the

Hospital parcels. Said remnant is describe~ in the

English language as' folloWB-, hereinafter

"Remnanti>': -.----.--- ----.-.- --------.---- ... --- ----------

- - - "Rural: Parcel of land identified as Naval Activity J?Uerto Rico, formerly Naval StaHon, Roosevelt:. Roads. situated in the I'i'ards of Chupacallos·, Los MachoS', Ehsenada Honda,. Guayacan and' Quebrada seca, Municipality of,\Ceiba and. che Ward of Daguao, Municipality of ~:,~aguabo, PuertO' Ricc." containing an area of four'teen )J1i;Llion one hundred and seventy seven thousand six: hundred a·nd. thirty eight point. 'two- (14,177,638.2} square meters equivalent to three thousand six, hundred and seven point. one hundred and seventy-.nine (3,607.1.79) cuerdas, mora or less., divided into' h/l)

portiens as, .follows:.--·-·_- --- ---'-- ------ .. ----------

---portion ~ ~ Municipality of Caiba - RUral~ Parcel of land identified as Naval. Activity PUer.to Rico,. formerly· Naval. Station Roosevelt Reads si·tuated in the Warda of' Chupacallos, Los. Machoi,l', Ensenada Honda.~ Guayacan, and, Quebrada Seca; MUnicipality' of Ceiba', Puerto, Rico, oontaining an area. of twelve million one hundred twenty-eight, thousand seven hundred and eighty-one point! four (1.2.,1.28',781:.4) square, meters. equ~valent· to three thousand andeighty-'f'ive point: eight·, hundred and ninety-three ('3,085.893) cuerdas, more or less, bounded on the North'; by the southerly' bank of the' Demajagua River and Puert.o· pel, Rey' Marina and lands of the United states of' Americaf on t;he East, by the Caribbean Sea·; on the. Sou,th, by Ensenada Honda, Bahia· Algodones, and lands of the united States oJ; America 1 on tbe Nest, by the Easterly line of the railroad Right< of Way' of, the Fajardo Development Company.-·-:--------------------

---Portion B - Municipality. of Naguabo' - . Rural: Paroel of land identified as. Naval Activity Puerto Rico, formerly ·Naval Station Roosevelt Roads situated in the Ward of Daguao·, Municipality of Naguabo, Puerto Rico, containing an. area' of two million forty;.. eight· tho.uaandi eight: 'hutidred and flfty··six. point eight (2,0.48,856.8). square meters. equivalent to five, hundred and twenty-one point two hUndred and eighty-six. (521..286) cuerdas, more· or les8·, bounded on the Nor.th and East by lands of the United. states of America; on the South;. by F,Hix Robles and, the Municipality of Naguabo, Puerto' RicOl' and. on the West, by the Municipality of Na.guabo r PUer.to RicO'. --------~--.----.-----------

'{

1 I . ___ -.....------------... ......-----------------..,........---.-.,.--...;,..~~~---------·~--------~~'·-'----·~~·-~----.---T

- - :-The, remnant of property number nine thousand

seven hundred fifty-two (9;7521, recorded at page

seventy-six (7tH; of volume one· h1.mdred, fifty-one

(lS1) o~ Ceiba, Registry of property of Puerto.

Rico, FajardQ, Section. --------------.------- --- - ---

---As per the Registry of the prop~rty, the

Remnant is free from lien& and encumbrances •. ------

---THIRD, The Airport., the- Cons·er.vaction Zones, the

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

Remnant: resu·lted from deed of segregations and

description of remnant, number ,\five hundred.

seventy four (574), executed on ;i9~t.h (8th) day

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

Pubclic Ratll J. VilA. Salles.------------..:----------

---FOURTH: The Government hereby reserve~ and

constitutes a perpetual. non-exclusive easement for

the purpose of motor vehicle and pedestrian

ingress and egress over upon and across the

Airport parcel for the construction, repai·r,.

replacement, maini:enance and operation of a two-

lane roadway, for the- use and benefit of tha

Conservation Zones parcel, Loa Machos; Three. (3)

parcel, the Hospital Parcel and the Remnant, their

owner.s; successors, assigns., tenants, subte1Jants,

licensees, suppliers and cus·tomers· which. easel1lent

is .described as follows:----·---------.-------------

---"Strip of land located in the wards of Machos, Chupacalloa and Quebrada Saca, Municipality of Ceiba, with a total area of thirty-two thousand five hundred ninety-six point two" (32,5.96.2) square meters. e~ivalent. to eight point two hUndred. ninety-four (8:.294) cuardas·, consisting of! ---------------.-----.--------------..:.----- -.--- ---

------------.----- Segment Two (.2) _-------.-------.--

---"st.rip of land having an area of nineteen thousand six hundred. fifteen poin): four (U, 615 .. 4, square meters, equivalent to four. point nine

8

huitdred ninety-one' (4. 99.1.) cuerdas, with a length of one thousanc:i three hundred. four point:. ::ero ,(1,304.0) meters and a width of fifteen, point zero zero (15.001 meters running 'frotll North to SQuth."-

---------------- Segment Four (.4)·---.,.-------·---------';Strip' of land' having an area. of twel.ve thousand nina hundred eighty point eight (la,~ao:· •. a) squa;x:e meters, eqtlival~nt to three-. point three hundred threE!' (3.303),. cuerdas,with a length of· sevell< hundred sixty point. zero' (760.0) meters and a width of fifteen point: zero (15.0) meters'running from SOUth to. North."--------------

---FIFTI{: 1.'0 be recorded at the Registry' of the

property. the- easement is valued at: ONE THOUSAND

DOLLARS ($i, 000.00), •. ----------- -------------- -----

---SIXTH:. The appearing party alsO;~;pe,~eby rese:r:ves

and constitutes a perpetual non-exclusive easement

for the pw:poljle of motor. vehicle and pedestrian.

ingress and eg.ress over, upon and across the

Conse:r:vation Zones. parcel. fo;' the construction,

repair,. replacement, maintenance and. operation o~

various, two"lane roadways, for the use and benefit,

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

parcel, the Hospita~ Parcel. and the Remnant, their

owners, succ:efillilors, assig~s;.· tenants, subtenants,

licensees; suppliers and customers which easemerit

is described as tollows~·---·---------.,-------------

---"Strip oJ: land l,ocated:- in the wards. of Los Machos, Guayacan and Quebrada Seca, [4u~iC'ipa1ity of Ceiba and the ward: o~ Daguao; MuniCipality of Naguabo, wi th a total area of one hundred thirty'eight thous",nd and twelve point:-· five (138',012'.5) square meters, equivalent to· thirty-five point one hundred and fourteen ("35 .. 1~41 cuerdas,. consisting: of: .,-.-.-------- ----- ---,----------- ----.-------------

----.-.----------.- Segment Three {3} ---------------,.'

---"Strip at land having a~ area of twenty-six thousand fow: hundred ninety-fo~ point four (26,494.4.) square. meters, equivalent to six point seven hundred forty-one (Ii. 741) cuerda.s-, with. a: length, of onE!' thousand seven hundred·. sixt,y .. ·six point zero (1766.0; meters and a, width of fifteen (15) meters running from $outhwest; to ~ortheast, thence Southwest." -------.---- - ---- - -.----- ---------

9

--------------..,- Segment Five (51-,----------------,

---"Stl:'ip of' land 'having an area of, twenty-two thousand four. hundred eleven point five (22,411.5) square meters, equivalent ta .five point seven hundred two (5.702) cuerdas., with a length of Ol'le

tho1.\Sand three hundred point zero (l,30(}.O) meters and a variable- wioth, running from Northwest' to Southeast and t~nce Southwest,"------------------

-------'----:-----'- Segment Eight (8) ----------------

--- "Strip ot! land having' an area of, sixteen thousand nine hundred, forty-nine point three (lG,949.3) square meterS', equivalent:; to four point; three hundred, twelve (4 ,31.2 f cUerdas J wi th a length of one thousand one hundred twenty-nine point zero (1,129'.0) meters and a \<I,idth of fifteen (15) meters running from Wes,t to East, thence: South to Northeast. " -'--- -,------ --- - --------- ----'--

'\ ---------------- Segment::: Nine (S}-1.t-,-------,--------"Strip of land having an area of forty"six thousand eight hundred' twenty-six point two (46,826.2) square meters, equivalent to eleven point nine hundred fourteen {11.9l4} cuerda~; with a length of three, thousand one hundred sixteen point. zero (3~I6,O) meters and with a variable, width running from North to South.·'------------~--

-------------- segment: .fourteen (14) --------,------

--- "Strip of land having an area of nine thousand, six hundred, thirty-nine point two (9,639.2) square meters, equiv.alent to two point four hundred fifty-two' (2.4S2}cuerdaS', with a length of' six, hundred' forty-two point, zero (15-4!Z".Ol meters and a width of fifteen (15) meters running from' East to West thence South,.'" --,-- -- - -- - -'- -- - -- - -- --'-,-- -'-----

-------------,- se9'!'lent Eighteen, (18:), ---- -- --------

---"Strip of land having an, a:rea of six, thousand four hundred twenty-one: point seven (6.421,,7)' square meters', e~ivalent ~a one point erix hundred th:lrty .. four (1. 634), cuerdas", with a, length of t,hree hundred fifty-five paint zero (355.0) meters. and a width of eighteen (I8) meters running: from East to Nest." --------------- "'-'----- -------- ---------:------------ segment Twenty (20} ---------------

---"Strip of' land having an area; of six thousand four hundred forty-eigh't. point four (6, 441L 4) square meters-" equivalent, to one point, six hundred forty-one (1.6~1) cuerdas, wi,th length of. faur hundred thir.ty point zerO (430, O)' meters and a width of fifteen (lS) meters running from Southwes,t to Northeast." -----------'---------------

------------- segment Twenty Two (22) ----_-"'------

---"Strip of land having an area of two, thousand eight hundred twenty-one point: eight' (2,821.8) square meters; equivalent to. zero point' seven

10

hundped eighteen (0.718) cuerda, with ~ length of one, hundred eighty-eight point zero (lSS.O) meters and a width of' fifteen (lS) meter~ running from North to- South." -.---~-------------------.-----.,.-.,-.".

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

l?roperty, t1+e easement ia valued at ONE THOUSAND.

DOLLARS' ($1, 000.00) • -- --.--------------- ----------

The'. appearing party also hereby

reserves and constitutes a perpetual non-exclusive

easement tor' the. purpose of' motor vehicle and

pedestrian. ingress and egress over, upon and

across' Los Machos Three (3) parcel for the

construction. repair, replacement ~ .. ~;!Jla:intenance·. imd

operation of various tWO-lane· roadway.s·for th& use

and benefit of the Airport parcel,. the

Conservation Zones parcel~ the Hospital Parcel and

the Remnant, their' owners,. sUccessors, assigns,

tenants, subtenants, licensees, slipp;J..iers and

customers which. easement. is described. as-· i.ollows:-

-----------------Segment One. (1') I:...·----------.-----

---"si:.rip of land having' an' area of ten thousand four hundred. twenty-five· point five (10,425'.5) square met.ez:s,. equivalent to: two point. six hundred. fifty.-three. (2.553~ cuerdas, with a; lengt:h of five hundred si~ty,.;eight point. zero (.568.0) meters and. a· variable width running. from South to North ,. /I ~ - --

---NINTH,:> To be-recorded at: the Registry of the

property, the easement is. valu!'!d at. ONE THOUSAND'

DOLLARS ($1 r 000. 00) • ------- - ---.---- ---------- -----

---TENTH, The appearing p~ty also hereby reserves

and constitutea' a· perpetual. non-exclusive: easement

for the purpose of' motor vehicle and Pedest;rian ...

ingress an~ egress' over; upon and across the

Remnant fo~ the constrUction, repair, replacement,

maintenance, and operation of a: two"'lane roadway!>

for the "use and Ioene.f.il:. of' the Airport parcel, Los

Machos Three (31 parcel, the Ho~pi t'al Parce~ and

u

the: COnservation Zones parcel,. theit" owners;.

successors" tenants, sUbtenants.

licensees·, supp~iers and customers which easement

is describec1 a's; follows:---·---------------- .. -.,.----

---"strip of land local:ec1 in the wards of Chupacallos, Los .Machos, Ensenada: Honda, Guayacan and Quebrada.. Seca, Municipality of Celba and ward. of Daffi,iaoc, Muni:cipality of Nagu~O'. with. a total area of three hundred fifty-three thousand th:ree hundred and sixty-four point six (353,364. .. 6), sqilare meters, equivalent to eighty-nine point. nine' hundred fifty-three (B9.953) cuerdas; consisting' of.l.- - -- --- --,.. -- -- -.- ---..,.-- ----,.. --- - ----.-

--------------- Segment On~ (1) II-------------·---

---"strip of land .having an area 0#. ten thousand' one hundred ninety-eight: point t~ee (10,198.3) squar.e· meters, equivalent to '"Ewo" point five· hundred ninety-five (2'. 595) cuerdas, wi th a length' of six hundred seventy-eight: point five (678'.5) meters and a width of fifteen point zero: (15.0) meters' running: from South to North.'·--------------

----------------- Segment SiX- (6) -----------.--..:---.

---"Strip pf' land having an area of nine thousand twO' hundred twenty-six point eight (9,226.8) square ritetersi equi.valent to two point three hundred ferty-eight (2:.348) cuerdas·;. a l.engt:b: of' five· hundred twelve point zero (512.0) meters and a width of eig~teen (18). meter~· running-' from Northwest. to Southeas.t."-..,---------·--,..,-----·-------.

--------.-------- segment:- Seven (7) ---.--~----------

---"S·trip of land having' an area of fifty' thousand ~ight hundred ninety point one (50,890.1) square. meters, equivalent to' twelve point nine· hundred: forty-eigbt (12.948) cuerc'las, with a length of three thousand two hunlilred fifty point zero (3250.0) meters and with a variable width running from West to' East."-·--------·--------------------·--

.----.,.-.. -------.--- Segment Ten. ("10)-----------------

---"strip of land having an area of fourteen thousand siX: hunclred seventy-eight point two (14,678.2). square meterS, equivalent to three paint seven hundred thir.ty-five (3.735) cuerdas, with a length of eight: hundred twenty-six point zero· (826.0) meters and a variable width running from. Southwest to Northeast."---------------------

-.,...,------------ Segment Eleven (11) ---------------

---"Strip of land having an area of eighty thousand five, hundr.ed seventy-two point nine (80,572.9) square meters, equivalent· to ,twenty point five hundred forty-six (20_546) cuerdas, with a length of three thqusand four hundred

12

seventeen point: zero (34'17.0) meters· and at variable width running. frOm North eo south thence; from Southwest. to Northeast."------------·-----·----

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

---"strip 'of: land' haying an area of five thousand ana hundred' eighty thJ;~e point eight {5, 183. B.J square meters; equiva.lent.· to one pain\:- thre~

hundred nineteen (1.319) euerdas·, with a. length of three hUrtctred forty"'six point zero (346 .. 0) meters with a width of' fifteen (IS.} meters running from East. to West." ------- -.-.---.-.,.-.-----.- ---.-- --------.-

.,.--..,---------- segment Thirteen (ll} --------------

---"strip of land. having an area of thirty-six thousand· six hundred ninety-three point nine (3Ei, 693.9) square meters·, equivalent to nine point three. hundred thirty-six (9.336) cue't'das, with a length of two thousand two hundreq. eight y'" s eVen point zero (2287.0)' mete't's and ~'i variable width running' from Northwest to Southeasc';It-.:.,:-----------.

------------- Segment Fifteen (15) I--------------

---"Strip of land. having an area of seventeen thousand: eight hundred· two· point five (17,802.S.) square metera, eqUivalent to· four point five hunp.red twenty<b,ine (4·.529) cuerdaa, with, a·length of one tho.usand twenty-four point zero (1.,024.0} meterS' and a variable width rl.lIUling from Southeast. to Northwest.· .. "'- -'- ---- -------:..------- --------------

------------- Segn:Jent:. Fifteen (15') r:z: -----~-----'--

-.- - "strip of land having' an area of six thousand.· two hundred, and eighty point seven. (c,28D:.7) square meters, equivalent to one point five hundred ninety-eight {1..598-} cueroas"with a length of· three hundred and forty-nine point zero (349. oj meters and ~ variable width running from Northwest to Southeast." ---- - --- - - - --- - ---- - -.- .,.---

-----.:-------- segment S·i.xteen (16) •. --------------

---"strip of ianci haying an. area of thirty-three' thousand. two hundred thirty-three, point four e33., 233. 4} square meters', eq1,livalent to- eight point. four hlindred fifty-five (8.455) eueraas, with a length o~ twa thousand two hundred fifteen point zero (2. :U.S • a~ meters· and a width of fifteen ( 15) mete't's J:Unning: fl;Qm Nq't'thwest to SClutheast. " -

-----.-------- SegT(lent Seventeen {1.71--------------, /

---"Strip- of lanCl having an area of, five thousand seventY-nine potnt. two (S,079.:;!}. square mete't's" equ,ivalent to' one point two' hundred ninety-two (1.292} euerdas, with, a length of three hUndred. forty point zero (3400.o.) meters and a vaJ;iabl.e width running· from North to· south.'/--·-------------

13

~------------- seginent Nineteen (1.9) --------------

---"strip of land having an area of. thirty-t.wo thousand six hundreci six point nine (32, GOG:. 9) square meters r equivalent. to eight:. point two. hundred ninety-six (B ,·296} cuerdaliJ, with a length of one thousand eight· hundl:'ea twenl:y-three, paint zero (1,823. C). meters and a variabJ,e width ~ing from East to Nest thence'South,"'----.,.------.-.-.-·-

----------.."-- Segment Twenty-One (21) ------.,---.,.-.

----Strip of land having an area of twenty thousand five; hundred eighty-two point six (20,582.6) square. meters .. equi.valent 1:0 five point two hundred thirty-seven (5.237) cuerdas, with a length of one thousand three. hundred sevenl:y point zero (137o..0.) meters and a width of' fifteen (l.5) meters running from. North to. South."--------------

. ------------ Segment. Twenty-Three <'2j') ------------

. -.~ ~.

---"Strip 011 land having an. area of five. thousand. thirty-seven point zero· (5.,037. a} square. meters, equivalent to one poinl: two hundred eighty-two (1.282) cuerdas, with a length qf three. hundred thirty-six pqint zero (336.0) meters and a width of fifteen. (15) meters rUnning from Southwest to Northeast ."'- --- -~ - -- ---- -- ------- --- -- -.- --.-------

-----.------- Se9)1lent Twenty~F.our (24) --~----------

-- - "Strip- of land. having all area of ten thousand. four hundred thir.ty- seven point three' (10,43.7.3 r square meters, equivalent tq· two point six hundr.ec1. fifty-six (2.656) cuerdaa; with; a length of six. hundred ninety-seven point zero ((597.0J meters and. a width of fifteen (15~ meters running from' Northeast· to Southwest, .... -------- ------------------

------------ Segment Twenty-Five (25)"-------------

-'--"Strip of landi having an area of two thousand ninety-nine point three {2, 099.3} square· meters, equivalent to· ZS:j:'O point five hundred thirty-fOur (O.534t cuerda, with a length of' one hundred forty' point zero (140'.0) meters· and a width of. fifteen {lSI meters running from East to west. u -----.----.--

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

---"Strip of 'land having an area of two thousand four hundred fifty point two (2,450.2) square meters, equivalent to zero. point six hundred. twenty-threec (0,623) cuerda; with a length of two' hundred forty-one; paint zero (243.. ot meterS· and. a variable width running fram South. to North.. .. -----·-

.----.------ Segment TWenty-Seven (27} --..,-,..-------

- - - "Strip of' land hav.ing an area of ten thousand three hundred eleven point five' (3.0,3'11.5) squa:re meters, equivalent to two point. six hundred twenty-four (2.624) cuerdas, with a length of six

14

.... _______ . ____ .-.,._._~,~----~~_=___...,...,----.-.-.. M_. ___ ........... _.~ __ ---......--• ......-,..,"'"'----.,-...-----:--.---..,----.--------.-'

hundred eighty-seven point zero' (687.0} meters and, a width, oj! fifteen (lS} meters running from South, to. North.,'" ------,-----'---- ------,-- ---- --~--- - -----,-

---ELEVENTH: To be recorded at tl:le Registry of the

Property. the easement is; valued. at eNS THOUSAND

DOLLARS ($,1.000'. 00) • - - --,- ---------,..:------- --,---,---

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

i:eser.ves and constitutes a perpetual non,-exclusive

easement:' for the purpose qf' communication

utilities over,) upon and across ,the: Remnant: fOl::

the construction, repair, replacement, maintenance'

and operation of comt>lunication 1;.ttillities for the'

.% " use and benefit of the Airport p~rcei" Los Machos

Three (3) parce~, the' Conservation Zones, parcel,

and the Hospital parcei, t;hei~ owners, success9rs,

assiffils" tenants i, subtenants., licensees.. suJ?pliera,

and cus,tomer,? which easement is described, as'

fol,lows. --- -,-,-- --- ---- ---,,- "'-:,--'-.., - - -- - - - ---- --- --.-

-----.------- Segment: Twenty-Eight. (28~-'-----'------

-'--~Strip, of, iand having an, area o.f, twenty-four. thousand nine. hUnQred fifty-siX point eight (24,9-56.8) square, meters:, equ:i.vale;nt to six point three hundred, fifty (5.350) cuerdas,. with a length of seven hundred s.eventy-seven point zero (777.0) meters' and· a, variable width. running from North to Soutlt. "-,--,. --,- --- -- --- - - ---,- -- - --"- -- - -- - - -- - --- ---

---TH:IRTEENT~r: To be recorded at the Regisb:y of'

Property. t,ha easement is valued at ONE, THOUSAND'

DOLARLS ($1,000, O<H.,..- -------,--------- ----- -- ----'"

---FOURTEENTH: The appearing' party' requests from

the Regis try of the Property to record all. of the·

above easements in its boolcs.,---------------------"

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

deed, are grijl.phically depicted IN E)iliibic "A".

attached and made part of. t.his deed.--------------

---SIXTEENTH: The geometric' descriptionS' of al.l,

the easement segments constituted in this deed,

I ~.------,,-~-.- .. --... -

are included, attached and Inade part or this deed,

- -------- - - --- -- -- - ACCEPTANCE-- ---- ----.---- -- - ---

---The apPearing. party in accordance' with the:

particulars of this' Deed accepts tIre· same, in all.

i.ts: parts after, r,. the Notary. !:rave him the.

necessary legal admonitions and. warnings pertinent

to this public instrument.. Thus I the appearing

party states and executes this deed in my presence

after havihg read the same., and· places his

initials on each and every page hereof and signs

his name on the last page of thiS' deed, before, me

C(fd. the. Notary, that:. as to every~ing else

stated,. r, hereinbefore the Notary·, hereby

ATTEST; •. _- --.-.- ---.----- -.'---'.'- - -- .--•• -- --•••• --- - --

16

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~ ___ . ___ ._'--·-""-__ """" __ """"l"'-:-" __ '_~ __ ·"~ ____ · ___ ~'-____ '·_---.--.-...... ----___ • ________ . ______ --._ .... ~ ... _

EXHIBIT B

LEGAL DESCRIPTION FOR EASEMENT 1 r

Begj.nning at a survey control point in thet Ward of Machos, said point being a brass disk set in concrete~ Said point also known. a$" 'MOUND' and having a northing of 8133{)U492 and an easting of933097;0283 noted as the Point of Beginning on the plat labeled "UNITED STA TESGOVERNMENTPROPERT't FORMER NAVAL STA nON: ROOSEVELT ROADS EASEMENT 1 pt. Thencl! N71°S0'03"W 1107.34' to an fron rod set, the True Point of Beginning, ha.ving a northing of 813653.3852 and an easting of 932044.878:2:

Thence 813°51 '24"W 49.23.·' to an Iron rod sot; Thence following acur:ve to an fron rod set. with a Jong chordof34S.49'. chord bearing of N03"Sl'2'''W

Radius=o880.6V ArC"'347.7S'

Thence NSi"34'3S"W 25:.39' to- an iron.rod set; Thence N07"2S'22"E219.33' to an iron rod 5et~ Thence N13"24'22"E243;35' to an iron rod set; Thence N07"2S'22"E 659;3 i' to an iron rod set; Thence S05"2& '4T'W 408.52' to' pointnot set; Thence S81"38:'12"8 49.28'to a.pointnotset; Thence SOS"28'47"W 406.87' to' paint not set; ThenceS07."2S'22"W 660.14' to point not.set; Thence 382"34'3 S~'B 2j .39' to a point not set; Thence S07"25 '22"W 461.34' to it point not set; Thence N82"34'38"W 25.39,' to a point notsetj .\ Thence following a curve to· an iron rod set, the True Point of 8egiMmg with a long cliord of 325 .39', chord bearing of SQ3°51, 45"8. .,'. ; '.

Radius"'S3'1.39' Arc.-J27.SI}'

Said easement containins 112,218.3 square feet or 2.576 acre1l. which equates to' 10,425.5 square meters or2.653cuerdas.

LEGAL DESCRIPTION FOR 'EASEMENT 1 II

Begipning Ilt Il survey control point In Ihe Ward of Mnebos, soid point being 11 brDss disk set in concrete. Snid point also known liS <MOUND' nnd having IS norlhing. of 8'13308.1492 and no casting of 933D!J7 .Q2B), noted os the Point o.f Begimiilig on the pIatlabcled "UNITED STATES GOVERNMENT PROPER.TY FORMER. NA VAl. STA nON ROOSEVEl.T ROADS EASEMENT'1 W'. Thence,N22°09'ITS"W 2361.27' to an, iron rod'set, the True Point of Beginning, bavin!! 11 northing,of 815495.137,6 nnd lin flI!ting of 932206.695;:

Thence N81"3S"f.2"W 49;28' to 11 P!lin1 not s01; l11enCe N05!128'47"B 1994.60' to point nol' set; Thence following 11 curveta a ,point not set witb a long chord of165.8S\ chord bearing,of N03·~S3 'n"w

Rndlus."'509.39' Arc""166.59'

Thence NOso39'24"B I 17.42' to 11 point nol set;. ' TllIlnce lallowing n curve to 1\ point. not s.et with a long chol'd of291.12', cJlOr~ benring of' S09"37'27"6

Rndius""558.61" Arc=294.51,

Thellce S05''2S'47''W 1997.07' 19 iron rod set, the. TnlC: Polnr of Beginning.

Said easemeniconttlilling 109,772.7' squnTC: feet or 2.520 ncres, which equates to 10,,9&.3 square meters or 2.595cuerdns.

l .:,;

~-.---- ... ---~-----~.~----.-... -.----~------.-.----'-........... -

LEGAL DESCRIPTION FOR: EASEMENT 1-

Beginning ot. n survey control point in the' Ward of Machos, said point being obmn disk set In concrete-. Said pointnlso.knowtlllS 'MOUND'ond having n northing (If 813;308.1492nnd an casting of 933,097.0283 noted as the Point of Beginning on the plat labeled. "UNIT~D STATES GOVERNMENT PROPERTY FORMER NAVAL STATION ROOSEVELT ROADS EASEMENT 2. AND A". TItencc S50·05'2g."W 669.86' iG un iron rod set, the True. P()in~ or BegiJ.llliJlg, IUlVlng II norihing; of 812,878.3902 and nn easllng of 932,583. 1982:

Thence' S40"00'38"E. 475.27' 10 nn iron rod sel; Thence following a curve tli tin iron rod set with nlong,chord of 175,59',. cl\ontbenrlng.of 333"2 t '2I"B

Radiusa7S7.6·} • Arc" I 75.9S'

Thence following n curvc to a point not set with n long chord of236.66" chord· bearing of S 17042' S6"E

Radius=757.61' Arc-237.63'

Thence 508°43-'48"E 1118.66; to a point not sci; Thence foflowing n curve to n pojnt not set with along: chord of280.30', coord bearing of SI0"3I'28"E

Rndius-4475.39' ArC""280.33'

Thence following n curve to If point not set with along chord of 397.21'. chord bearing of 863"21' 56H E' ,~

Rlldlus"'25S.39' ,:}l Arc=455.01'·

111ence N6so35; 16"B 450.10'10 a'polnt not set; Thence 532°t 7'S3"E 49.69' 10 an iron rod set; Thence S65<>JS'16"W 456.92' to 8 point not set; Thence following a curvG to a point not set wilh 11 long. chord of 473.76', chord bearing of N61"21 ~S6"W

Rlldlus=304.61' Arc"'542.77'·

Thence following a curve to n point not scI with n long chord of283.Jlr, chord bcaringof Nloo31'28"W

RadiuF4524.6I" Arc=283AI'

1111.:nce N08°43:'4S"W 12IS.6.6' \'0 n point nol sel. TJlencc tollowing a curve 10 a point not sel with a long chord of 381.96', chord bearing of N24"22'll"W

Radius-70S.]!)' Arc-386.74'

Thence N41l"OO'3 S"W 41'.27' to n point nol sct; Thence tal/owing n curve to a point nol set with along chord of 1 00.1 0', chord bearing of NJ9"J2'42"W

Rndius=6159.6P Arc= 100.13'

Thence N39U04'45"W 504.41' 10 n point notset~ TIlcnce folJowing,a Cl1rve to a poinl not-set with n long chord of69S.26:', chord bearing of NI5°49'42"W '.

Rudius=880.6I' Arc"366.977

·

Tlience N73°Sl'24"E 49,23' to an iron rod set;: 111cncc toll owing a curve to an iron !'od set· with a fong cho!'d of 344.74;, chord bearing of S27"06'48"E:'

Radius=83I ,39' Arc=341.26'

Thencc-S39"04'4S"E 504.41' tanniron rod set; Thertcc following IicurvC':lo un irolHodset, the. True Point of Beginning With: iJJong chord of 99.30,> chord benrli'lgorS39"32~42"H

. Radius-ci'! lO.J9' Arc=9!J..3l"

Snidpnrcel containing2il; 137.3 squar~ feet or 4.847 acres. which equlltcuo 19,615.4 square-meters or 4.99.1.cuerdns. -

__ .~ ______ "" ________ ~ ________ --,..-__________ ..., ________________ • __ • _________ v~ ____ M~

LEGAL DESCRIPTION FOR EASEMENT 1

Beginning at fl survey conlrol point in the. Ward of Guayacan,snid point being a bl'llss disk set In concreto. Said point also known as 'DOG~ and having It northing of 805443.8964 and an easting of933!1.OA73S' noted as tile Phint of Beginning oil the pIal labeled "UNITED .STA TES GOVERNMENT PROPER.TY FORMEltNAVAL STATfON ROOSEVELT ROADS EASEMBNTj"~ ThencoN3S"43'22"W2113.S6' to . an iron rod set, Iho-True Pbint of Beginning. having a northing of 807561.2021 lind an casting pI' 934808.1316:.

Thonce following ncur.ve to an. Iron rod set with a long chord. Qf's6,94', chord bearing of N32G31'39"E

Radlui>o;;690.39~

Arc;a56.9S Thence N30~O!l' SI"E 2439,Oj' to an iron rod sel;-· Thence. folloWing a curve to an irol1 rod set with.n long chord· of 1728.76', cbord bearing of' N42"07'27"W ..

Radlus"907.39' Arc=2289.65'

Tbenat S65".3's' r 6"W 900.3!' to an iron rod sel; Thence N32-17'SJ"W 49:6g.' to apoinr not set; Thence Noj03S' 16"E 907.13' to a pci(1t not set;. Thence following ~curvo to a point not set with II Jong'chord of 1822.53' , chord bCilring of 342"07'27"E

Radfus=9S6.61 ' Arc=241:3.8S· ,~

Thence S30009' .5l"W 243~);o5' to a point not set: <§ ';; Thence following a curve toa point notselwith a long chord ot' 13!1.S7'~ chord bearing9r S3S"3S.'2S'W

Rlldius"'739'.6I' Arc=140.0S'

Thence NOS' 12'00"8 90.85' to an iron rod. set, the True Point of Beginning

Said parcel contain ing 285,182.4 square feet ot: 6.S47 ncres, Which equates to 26,494.4 squan: meters or o~ 141 cuerda,.


Beginning at a stirvey control' point in me Wnrd ofGunyacan, said point being a broSs'dlsk selin concrete. Said point also known lIS • DOG' lind having Q ndrtlling of805443-.8964 nnd all easiin~ or93]:1 i 0-.4735 noted ns the Point ·ofBeginn!ng on the pInt Inbeled "UNITED STATES GOVERNMENT PROPERTY FORMER NAVAL STATlON ROOSEVELT ROADS BASEMENT 2 AND 4". Thence N62"37'08!'E' 1139.76' to II point not set, tllcTrtie Point ofBegiftning.Jltlvlng 11 northing or80S~968.(}807 and lin eosting: of 934,122.5427;'

Thence NOOo"4'31"a 804.84' ton point not set; TIlencc fullowing It ,curle [a ·I~ polnl not set with a long chord of 352.02" chord bearing of N2S"23'Sl"E

Radius"424.6 }! Arc."362.97'

111cnce N49"S3' 12"B 523.53' to n point notser; Thence following a curve to un iron rod selwitlta long chord ofI80.lS', chord bCllring of N42"23 '19"e

Rudius=690,39" Arc"180.70!

Thence SOSol2'OO"W90.8S'!a u point not sel; Thence folloWing II curve: to n pointnot set with a long chord of 114.39', chord bearing of S4S"21'OS"W . .

Rlldius-739.6I' Arc"U4.51' Thence S49°53' 12"W 523.53-' to II point not set; ,1

Thencc:foiJowing 11 cur:ve'lo n pointnotsctwith B long chord of3'll.2I', chord ~~urjng of 325"23 '5 I ;oW

Rndius""31S·.39' Arc""320.90·

Thence·SOOoS4'll"W804.841 toa poinl'not set;' Thence followingn curve to n point not set witli II long chord of228. 76', chord bcuring of S06°S8'49"W

Radiu5""833.39' Arc"'229.49~

111ence 822"19' Sa"E' 75.42' to n point not set; Thence l'ollowing!1- curve tQapointnotscl witlt n long chord of367.19', chordbeoriilg of SSQOO2'12"a

Radius"IS43.42' Arc"'368.06"

Thence f'OlIowing n curve to an iron rod set'willlillong chord of 122.25,' •. chord benring of N82"40'41"W

Radius-2024.6l' Arca I 22.25,'

Thence N84"24'28!!W 234.63' to n point not set; Thence rollowlng a .curve 100 point not set witl1u fang. chord of 108.82', chord bearing of N20010'41''e

Rlldius=107~ 10>' Arc'" 114.1 S'

Thence N 14°5'2'Oa"W 151.68' to a point nol sel;. Thencc following Q curve to n· poinl not set, the True-Point ofBeginnin&y.rith Ii long' chord of 242.28', choni'beuring ofN06°S8'49"W

Rndlus""882.6l t Arc. ... 24J.04·

Said parccl containing. 139,723. I square feel or 3.208 acres, which equates to 12,980.8 square meters Dr 3.303 cuerdlls.

-.. --'----~--.-.---.. -.'--'-.----~--

LEGAL DESCRIPTION FOR EASEMENT 5:

Beginning at It survey control point In the Ward ofGuayncnn, said point being· It brass disk set in concretl!. Said point known lIS "DOG" and liaving a northing: of 805443.8964 IUld an enlllin8 0(933110,4735 noted as· the Point of l3i:gi!mfng on lIie pIal labeled· "UNITED STATES GOVERNMENT PROPERTY FORMER NAVAL STA T10N ROOSBVEL'f ROADS. EASEMENT 5". Tliencc S63D03'S ("E. 937:62' to nn iron rod set,lhe TruQ Point of 13eginoins, hnving II northing of 80SO:I~.1597 nod nn casting of 933946.3714;

ThenceN63O:Z811r~B S9.67~ 10 l1:point not-set: . Thence SI8"n'14"1l II 8.94' to. a point not seli. Thence following· a curve to It point not set with a.long chord of 96.6.77\ chord bearing: of' 836"32'12"£.

Rndiupl53SAS' Arc"'98l.5Q'

Thenco S54°53 'IO"Jl ! 634.30·' to .nn iron rod SCi; 111cnce S3S"OG'SO"W 59.04'10 an iron rod set~. Thence S86"03'23"W f49.04' to an iron rod; Thence S73Q15'J·S"W 1435.54' Iii an lron rod set; Thence NO IOOO'4S"W 5 J. '3' to n point not set;. Thence N73u15'3S"B 1421.68.' 10- II pOint nol SCI; Thence N35"06'.sO"E 63.51' to II point not set; Thence NS4u53' to!'W 1419.86·' to a point not set; Thonco following.4 curve to a point not sqt. witii a long chord of 1003.94'. chord bearing of N36~32'12"W . • Rndius-1594.S2' .~

Arc",I02L31' .,';;1 i.

Thcm::c N I 8Q t I' 14"W I 10.29' to i1 pobl1 not set, Troe. Point of Beginning •.

Suid parcel contnlning214,2j4A square feet or S.S3811crcs, whic" equates to 22.41 I.S squil,,* meters or S.702cncrdus.

LEGAL DESCRIPTION FOREASEMENT 6,

Beginning at 11 survey control point in the WIlr4 of GUII.Yl1ciln. silid point being a brass.disk set in concrete-. Said point known as "DOG" and havlnlf II northing of 805443.8964 and. an' ensting of93311 O.4'73S noted Wi"

t!lePoint of Beginning on tlie plat labeled "UNITED STATES GOVERNMENT PROPERTY FORMER.: NAVAL STATION ROOSEYEL T ROADS EASEMENT 6". Thence 55).°52'3.1 "£3608.69' to an iron rod ser, the True Point of Beginning; having Ilnorthing ofS03215.9800 Ilndal1 'lascirr! of9J5949.3.l61;

Thence S54"S3~ IO"E 1682.19' to'{ln iron rod set; Thence S3 5°06' SO"W 59.04' to 11 point not. so~ Thence NS4QS3' 1 O"W 1682.19' t~ lin iron rod set, ThenceN3S·06'SO"B 59.04.' t.o an iron r9d set, True Point of Beginning:;.

Said parcel cont,1ining 99,3.16.4 square feet 'or 2.280 acres, which: equates ~o 9,226.8' square meterS' or 2.348 cuerdns;

.:~:-

,. :-t

.~·.;..i~ ~;

___ • __ -..,~--. __ ..... _ .. ______ ,_~_· ___ • __ w ________ • __ • __ ._. _____ , ____________ • ____ • .:. ____ • __ ---'" ________________ .--:-';.~-•• -__:__---


Beginning at a SUrlC}' control poinlin Ihe Ward orGuaym:lin, said point being.a brau disk set in concrete. Said point IIlso known liS '000' and having: a northing of 805443.a964·and nn eastlng of 9:)311 0.4735 noted as the Point of Beginning on the pInt labeled "UNITED STATES GOVERNMENT PROPERTY FORMER NAVAL STATION ROOSaVEL T ROADS EASEMENT 7". Thence: N84°48'49"E 67lf.9S' 10 n iron rod set, tJlC Tru~ Point of Beginning, I!Ilving !l" no~tMng qf 80SS0!t272U ilnd an ensting of 933786.6709:' .

111ence following a curve to an iron rod set with n long cbord of233.97', chord'benring of S85"'20'41"B

Radius.-7IS4.61.~ Arc .. 2J4.00'

Thence S84"'24'2S"(! 370.3 I' to an iron rod sci; Thence following a.curve 10 a point not set willl ~ long chord of406.50·, cilord bearing of 878"38'46"8

Radii.is"2024.6 L' Arc=407.19'

ThenccSnoS3'04"E 1013.37' foa point not so!; Thence follOWing a cUrve; to a point nol set witb a long chord of37IU7', ellord benring of S72°16'21"e

Radius=J7324.61' Arc""370dS'

Thence S71"39'31"E·I034.77' to. a point notiset~ ;! Thence following a curveio a point not set with a long chord ofI79.23', chord benring of 882"31'33"8 . ". .

Radius-475.39' Ar~'!"J08.30~

Thence, N8&'36'32"E 255.03' ta /I poilU ncit set; Thence following Il.curve-to a point not set with a long chord of 1380.42', chord bearing of S69"39'IJ"E

Radius=1714.61' Arc·1.420~72'

111ence S4SaS4'SS"B 670.96' to a point not set: Thence ronawing 11 cUrie 10 11 pOint not set with 11 Jong t;hord of341. fl', chord bearing of SSl"lO'OS"1!

Radius'" J 863:.39' Arc-34I.62'

Thence following 11 CUriO lo'a point not set with II lon& chord of 365.16', cflOrd bearing of S46"46'26"E

Radius= I Oa!M}' Arc=366.90'

TIlencc 837"07'39"E 1505.80' to.a point.liot seti Thence, following ~CUrie to a point not set witlllliong chOi'd of 644.81;', chord-beadng of 816"29'13"8

Radllls-914.6I' ArI?658,97"

Thence S04°0!>'Il"W 1 15.96' (0 II point 1I0tset;

'nlencc folIowing A.CUriC to. a point not stlt with a Jong chord of380.82·~ ehord. bearing of 839·35,'22"11

Rudllls=275.39' Arc=42().SO·

111ellce following 11 curve to: a polJl( not set with a long chord of 96.52', chord bearing of S8goS0'47"B

Radius-42S.39'

Arc=96.72" Thence N83D38'23"E It~;50' to a pIJint noise!; , l1umcc,folluwinlJ II curve 1011 point not set with n lung chord of 325. tt ' .. cnord bellringof N81°34'11"E '

, Rndlus"'4S00.l9.' Arc-325.18~

Thence following, n curVe t~ It point nol set ~illla long chord or327 :37', chord: bearing of 881"S7' 14"E

Radiu$-~ 14.6\' Arc=333.15'

TI1enco tbllowing n curve to II point not set with 11 long chord of 437.~·, chol'cf bCliring of S50DOS'()7"E

Radius"'949.6I' Arc=441.60'

Thence 836D45'47"E 111.79' to 11 point not set; Thence 563"24' 52"E 3 SI.60' to II point not ser;

, Thence following, a curve to a:point nolset wiUt a longcnord of230.00\ chord benring()f SalolS'13u E

Radius .. J75.39'· Arc!"23J.76'

Thence N8fiOS4'26"E \67.83' to an iron rod sel; Thence S09DOS'34"E 49.22' to an iron rod sci; TIlenC!! S80"!l4'26"W 167.&3' til II point not sel; Thence rollowingn'curve to a point not set wi~; a long, chord of260.10, chord beDriri~ of N81°IS'13"W

Rndius-424.61 ' Arc=264AI'

TIHmcc N63"24'S2"W'234.68' to a point nat sct; Thence 353°14' Il"W71.16' 10 ao,ironrod,set; Thence N36G45'47"W 265.2J~to an iran'rod'set~ Thenc~ following B'curve to an iron rod, set WiUl n long chord of 4\4.95, c~ord benring of' N50DOS'01"W

Rudius=900.39.f, Arc-418.7P

Thence following 11 curve to 1111 irQn, rod set with Ii long, chord of 296.05; chord bearing of N81°51' 14"W

Rlldiusa465.39" An:=301.29'

Thence following a curve tl) an IroQ rod set willI IllongchQrd of 328.67, ,chord bearing, of S!uoJ4'U"W

Rndlus=4549.61" Arc""328.74~ ,

Thence S83~8'23"W 113.50,' to 1\ point flat set;, Thence following a curve 10 u point not set with along chord of2S8.S8, chord benringor N80") P 59,l'W

Radius-474.6P Arc>=262.2 P'

Thence foHowing a curve 10 Il'p.oint not sot with along chord of 109.91, chordbeorlngo£ N72"07'44"W '

Rlldius=425.39" Arc""t 10.22'

Thence N79"3J'06!'W 66.90' tQ a point ndt sel;, Thenco N08".57'3T'E 71.30" to,lI point not sel;' Thence foHowlng Ii curve'ln a point /lot setwitlllliong chOl'd:of 171.64, chord bearing,of.' N06PlJ'2S"E

Rlldius>=2070.39'

A rc" I 73.6!)t TIlencc N04"09' 13"n 130.84' loa point not set; Thence following It curve to 11 point not sel with a.long chord of6l1J.11 , chord bearing of NI6a:z9'I3"W

RndiuS""86'.39' Arc""623.S0·

TItcnee NJT'07'39"W 155.80' loa point nol set; . TIlcnce following it curvl! '0 n pointnol set witb a long chord 0048.67, chord bearing of N46"4o'26"W

Radius· J 040.39' Arc"350.32'

TIlencc following !leUI'Ve tail point not set wilhn long chord of 350. IS. chord bellrlllB of N51"IO'05"W

Rlldius1"'1912.6I' Arc"3.50.64'

'111ence N4soS4'S8"W 610.96' 10 It point not 5er, 111cnce following II curve to 11 point not sel with a long chQrd of 1340.80, chordbearirig of N69°J9'IJ"W

Rndius=166S.39" ArC"" I 379.93'

11lenc(l S86~36'32"W 255.0),' to a point not set; 111encc follOWing-a curve to a point not sctwitha long chord of 197~78. chord bearing of N82°3I'].3"W

RlIdiuS""524.6l' Arc-I 98.97"

TIlCOCC N71D3 9'3 7"W I 034 . .71' to a point not set; Thence following 11 curve to npoint.not scI-with n long chord of369.1(), chord bearing of N72" 16'·21 "W

Rndius'" 17275.39' Arc"'369.1 n"

'nlence N72°5J'04"W r013.37' to an iron rod set; TIlcncc tbllowing ~ curve to n. point not set witli along CllOrd of396.62, chord Dearing of N78Q3S'46"W

Rudlus-197S.39' Arc=397.2!)'

Thence N84"24 '28"W 170~31' 10 a point. not set; Thence following II curve to 11 poinl not set with u long chord of 143. 7'~ chord bearing of N85'OO'27"W

Radlus"'7 I 05.39' Atc"143.75!

Thence.S 18"11'14"£ 42!! .. 70' 10 n point not sct.;: '!11cnce S63"28J 17"W 59.67' to 11 point not set,: '111cnce N Iscn '14"W S 11·.6&' 10 nn iron rod set, the Tl'ue Point of Begilming,

Said parcer conlllining 547774\2 square teet or 12.575 acres, which equales to 50B9!).1 square meteD or 12.94& cllerdns.

LEGAL DESCRIPTION FOR EASEMENT 8'

Beginning at a: survey control point in the Ward of Gunyncan; said pointbelngJt brass disk set in concrete. Said point also Imown as, 'CAMP' Rnd having.!!, northing ofS008SL3059nnd nn. ellsling of941514.63 1 1 noted lIS tho Point of Bcginnfng on th() plat labeled "UNITED STATES GOVERNMENT PROPERTY FORMER: NAVAL STA'I10N ROO~E;VELT ROADS; EASEMeNT 8''; 11leoce N48Dlll'42"£ 1016.77" (0

nn iron rod set; the True Point of Beginning, having n northing of 80 I 527.5.403 and anensting of 942333.9276:

Thence N80"S4'26';e 434. t 8' to·If point rtohet;. Thence following n curve to n point not. set with' n long chord or 463.10', c1iord bearing of N3so02'26"E

Rndills=1 86.4.61 , Arc=464.29'

Thence following Ii curve (0 Ii point not set with a long chord' of 362.68', chord bearing oi S73"28'41"E

RadlUS"'92.1.61' Arc"'365.07'

Thence 862"07'48."£205.39' to a pohlt not'selr Thence following a.curve 10 R point-not sct with along chord of267.28', chord bearing of 359°53'37"13

Rndius.=3424.61' Arc"'!261.34' I

Thenco SS7PJ9'26~tE: 142,96,t to 11 point not setl "., :!

Thence following II curve to n poilit not set with Illong chord of 168.92', chord b~tlririg of N72"2,S'43"B

Radlus-IIO.3!)' Al'c;aI92.34'

ThenCe N22·30'51"~ J41.!l5"to II poinl not set; Thence following Ii curve to.11 point not set with It" long chord of 140.48\ chord bearing' of N27D4J'O I~n

Rlldius-774.61' Arc") 40.67'

Th'ence NJ2DS,j'1 O"l!. ) 1554' 10 It point not set;, Thence following u curve 10 a.point not set with, a long chord af8/f.65.', cbord b'eariil& of NI9QI4~16"E .

Rndius=187.39' Arc .. 89.49~·

llJenca N05·33'22~'E 84.71' (0 a point. not set: ThcncG-fpllowing n curve to. a point not setwiih If long chord of2IJ.72', chord bearing of N43~17'24"E

Radlup 114.61' Arc"'229.99!

Thence NlUoOI'2S"E75.96f 10 II point notsct; Thence following II curve to n point Ilot· set with 1\ long. chord of 3 8923', chord beuring of 383"49'31 !'E .

Rlldius""744.6) , Ar~39J.8r'

'flicnce S68.°40116"E 72.89' to 11 point not set, Thence following 11 curve to nil iron rod set wittl II fon g chord of 1 17;78',' chord bearing of S48QS7'51"c

Rrtdius=174.61:~ Arc=120.13'

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

Tllcnee following,n curve to. II p.oint not set with 1I long chord of 84.58', .chord benring of N48-°S7'51"W

Radlus=125.39' Arc-86.17'

Thence N68°40'26"W 72.89' to a point not sct; Tbence following 11 curve to II pohlt not set whit a long chord of 363.50.'. chord bearing {}f NS3°49'JJ"W

Radhis=69".39~ Arc=361.78'

ThcnceS8l"OI'2S"W75.96' to a point not set; Thence following II curve toa point not set witI! a longcbord of153.4lf, chord benring of S43Q 17'24"W

Radius:a12S.39' Arc= 16S.16!

Thence S05°33 '22"W' 84.7 I ' to a point not set;. Tllcnce following II curve to n point not set with !lIang chord of 111.93,. chord benring of SI9°14'161'W .

Rndius=236.6\' Arc=113.00'

111ence S32°55'IO"W 115.54' to It point nOlsel; Thence following 1I curve to a point not set with along chord of i31,55, chord benring of S27"43'O'I"W

Radlus .. nS.39' Arc-13 L 7]1 ,1

Thence 822"30'5 I"W 34 J..86' to n point. not set; "': _ Thence following a curve to an iron rodlielwilh 1\ long chord of 244.23, chord be'fftiniof S72"2S'43"W

RadiuS'" I 59.6.l ' Arc-27tJ.09'

Tllenee N57"39'26"W t42.96! 10 an iron rod:sel; Thence following If curve 10 UI1' iron rod set wilh 1\ long chord of261.44, clwrd bearing of N59°S1'37"W

Radius""3375.39' Arc"'263.50'

Thence N62"07'4S"W 20S.39' 10 iln iron. rod set; Thence following It curve 10 1111 iron rod set witlt a lon&cbord of 343.32. chord beoring ot' N7J"28'41"W .

RadiuS?872.39' Arc""345.57'

Thence following a curve 10 lin iron rorl set wilh 1\ long chord 0£450.87, chord bearing of S8S0()2 '26"W' .

Radhis'" 1815.39' Arc=452_04'

Thence S80054'26''W 434.18' 10 an iron rod set; Thence N09"OS'34"W 49.22"10 nn iron. rod set, tlllS Tme Point of Beginning,

Snid parcel containing 182,440.5 square feet or 4.183 neres, which equates 10 16;949.3 squnre meters or 4,312 cUerdils.

1.EGAL DESClUPTION FOR JtASEMENT 9

Beginning; at II !lurva)' control point in Ihe Ward of Mil ell all; said point being II brllss disk sci in concrete. Said poiili nlsa known us- 'MEDIO' and, having n northing of 81 I 980.:?40S and on costing of943163.0741 noted as-tile Point of Beginning on ~lC plat labeled "UNITED STATES .GOVERNMENT PROPERTY FORMER NA VAL STA nON ROOSEVELT ROADS EASEMENT 9", Thence S42"23'29"W 2323'.47' io nn iron rod sel, the Tnlc Point of Beginning, having a norilling of 810264,2284' and on ~nstlng, of 941596,607Qi

Thence S32"S9'45"W 82.B6~ 10 a point not set;, Thence' foUowing:a ,curve tOil poinl not set with B long chord of 134.13", chol'd bearing of S07"18'20!'W

Rudius=ISS.3!}' Arc=139.3S'

Thence SlB"23'OS"E'614.93'lon point not set; Thence following,a curve to n point not, set with a long,cnord of 519,04" ohord bearing of 307°11 '21"E

RllditIS'"'I'336.61! Arc.=522'.3S'

'rlienee followhig It curve to it poinl not set with It long chord of 409 .95'; chord' be;u+ilg of S20"IO'31'~E

Rudius.-50 0.3 9" Arc=422.3a· •

Tfumce S44'11'26n E 3 Itt .. 1 1 ' to a point. not set~ .~~ :1

Thence followlng,a curve to II point nol set with 0 long chord of 279.89'. chord bei'tr:ing ot 84&D3 8' 12"a

Rndius=la75.39' Arc"'280.IS~

Tbence SSZ"S4tSS"I! 262,43' (on polnl nol sct; 111encc following 11 curve to n point not set with Ii long "bard of 32'7.97', chord bearing of S44°00'4&"u '

Radius-I059.61' Arc"329.29'

Thence S3so06'3S"E 708.86' 10 Ii point not sel~: Thence following II curve tOll point not set with Ii 10ilg chord of 313.98' ,cbord beoring at S29°35'03~'E

Rnditis;=194 1.61' Arc"374.S6'

TbenceS24"Ol'27"13'204.94' to II point nol sel~ Thence 'following n curve to n point not set with a.long chord of J 16~57', chord benring of 322°00:' J7"Ji

Rndius=>2464.til' Arc'" I 76.61 ,

Thencc S 19°57'06"E 315.36' to a point not set; Thence followinBI.lC\lrve (0 a point not set with along chord of 163.9.1', chord bearing,of S4 7U48' 32"E:

Radlus-H5.l9' Arc=170.sS'"

Thence foJlowing, a ctJFVI) to Ilpointnot solwilh along chord of 222A7', chord bearing of S51"29~26"E

Rildim .... 21 1.61' Arc""229.2l'

Thence S27"IS'54n E 248~111.' to It point not set; ThonCd following 11 curvet to II point not set with, 0. long chord of 418.53', chord bearing, of SOI"S4'OO"n

RndiuP481.61'· ArC""432.S8'

Thence following a curve 10 a paint.not sei witlto lang chord of722.70', chord bearing of S06°02'21"13:

Radius"731.liO' Arc"'7S5,77'

Thence S35"3S'3S''E 38.54' to 0 point not set; Thence following It curve 10 II point.not set with If long chord. of 161.65', chcrd cenring of 840"29' sonE .

RndiliS?945.39.' Arc.=16J.8S'

Thence follawing!l curve to n polnt Ilot set with a long chord of 1 94.3S', chord bearing of 323"1.4 '25"8

Rnaius""25-1.6I' A rc"" I 99.2S'

Thence SO I "04' 4S"E 554.93' [0 n point not set; TIlence following n curve 10 a point not set with n long (;Ilord 01199;53', chord bearing of S20"OS'41"e

Rndius"'30S·,3!)' Arc""203.26.

Thence S39-°12'50"8 315.83' to a point not set; Thence following n:curve to 11 poiht not set with n.long chord of 200.lSi', chord baoring of 802°S1'13.n W .

Rndius""J49.61' Arc-219.S7 ;,~~

'nlen"CO S44u59'16"W27.23J: to a-point not:sct~ ...... -!

, :~

TIlence following a curve toa point not set with Q long chord of 343.49'·, chord bearing of S6590S-'37"W

Rudius=499:61' Arc.=350.64

Thence S85°1l '51"W I 04.52' to 0 point nouet; 1l1cnce following" .curve to a point not·sc.1 with n long chord of22~.39', chord bearing of S44"2l'35"W

Radfus-115.39.' Arc=250.03

Thence S03"31' 12"W 236.43' to It point not set~; Thence following Q curve to a point not set with Q long:chord of J 70.76". chord. bonring c;Jf S 14"08"3S''E

Rndius-281.39' Arc=J73A9

1111:noo 831°4S'22"E 236.41' lo·n point.not Sllt~ Thence fo/lowingn curve- to a point not set with n long chord of 114.50', chord bearing of S34"40'16"E

Rndlus-114S;39' Arc'" f4.55,

ThenceS37"32'1<Y'E3S5,OO' to 0 point notsct;< 111encc- 832"55' lO"W 35 .. 1 S' (0 u point not, set~ Thence following 0 curve to n point'not set with a long chord of 55.09" chord bearing of S30"52.·53~'W

Rudius'!"774.6I' An::-SS:.IO

Thence. N08"32 '(}2"W 72.51' (0 0 point hotBet; Thence. N37"32'l O"W 323.62' ta II point not' set;", 'nlellce following n curve. to It point not set-with D long chord of J 19~42', chord bearing 9f N34°40' T 6"W

Radius=lJ94.6/'

Al'c-119.47 Thene,.,. N3:lo4S'22"W 236.41' to a point.not sel~ Thence- tollowing a curve to n point not set witb a long chord or200.63\ chord bearing of NI4DOS'3S"W

Rildius"'330.61' Arc=-20J.84

Thence N03.,! '12"1; 236.43' to a paml no(set; TllCllce following IJ cll!"le to II poiot nats~ with B iong chord of293.76'. chord beurlngof N44"21 '35"8' .

R!ldilis#l24.61' Arc"'J20.20

Thence NBS") I'57"EI04.52' 10 a' point not sel;: Thence followiilgllCUrvc to a point not set wilh·a long chord 0009.65:', chord benrihg of N6.5"OS':l7"e

Radius=450~39' Arc"316.09

Thence WW59' IS'E 27;23' to a point nof set; Thence following a curve to a point not get with'l! long chortiof 134.6I', chord benring of N02DS3'13"B

Rndlus~IOI}.39' Arc:147'sl

Thence N39QI2'SO"W:I i S.83\' to n puint not set; Thence following a curve to a point not.sctwilh B: long chord of 23 I .69', 'chon! bearing of N2000S'47''W "~

Radius""354.6P ,":'~ Arc"'236.02

Thence N I O·04M5"W 554.93' to u point not set; Thence following II curve to II pointnol:set with il iong, chord of 157.22'. cilordbearing.bf N23°1'4'25"W

Radius-20S.,3!); Arcca l61.21

Thence following acurvo to n point not set with a long chord of 170.06', chord bearing',of N40"29'50"W

Radius-994.6I" Arc=;o170.27

Thence N3SQ3.5'3.5"W 36.54' (0 11 point not set;. TJiem~e tollowing acurvc.to a point not set with II long chord of 711.2.6', chord beoring of N06'02'21"W

Radius.=78 f..B2,' Arc-S06.55 '

Thence following a curve to o' point nol setwith It'long chord of 3.16.29' I chord bearing or NO I D54'OOl'W

Radhls~43 8.39' Arc .. J88.92

Thence N27·18'54~·W 248.18'to 0 point not set;. 111ence followlnga curve to a poin1 not sci witb along chord of 182.15'. chord. bearing of N51."29'26"W

RadiuF222.:l!l* Arc'" I 81.67

Thence following II curve' to a point not set with 11 long chord' of209.91" c.hord beoring of N47°4S':l'l"W'

Radius=224./iI' Arc"218.41

Thence N19°S7'OS'W 375.36"'0 II point not set; Thence foUowing Ii cUJ've.too· point not set with It long chord of 173.04\ chol1l bearing of N22°00'17"W'

___ " __ -.-::-----.. _ .. _ . .... ~___:_-_A_.-._-.-. _ ... :---------.~"".'- .. --___:-: .. --------.:""----~---'":"h-':_-_::____:--.... __ . ____ ... _____ "_.---~.- .~ . ..,.. ...... ~.-.. _.:~_~. ___ ;_

Rndius=24 15.39' Arcco173.0S:

Thence N24'03'27"W 204.94' (0 II point not sot; Thence following a curve to.apoininol set with It long chord ofJ64.50', chord benring of N29"3j 'Ol"W

l~adillP.1892.39:'Arc-36S.07

Thence N3S'06'3S"W 708.86' lOll point nohet; Thence following a !:lurva to Ii point nof; set with a long chord ofJI2.73', chord bearing of. N44°00'4 S"W

RQdru~= I 0 lO.39t

Arc=314.00 Thence NS2·S4.'SS"W 262.43' toa point not set~ 111ence following a curve to a poinl nol set with n long chord of2B1.~4', C!lOrd benringor N48°38'12"W

Rndiusa:I 924.6l' Arc-287.St

Tht!ncc N44"2f'26"W 316.11' to II [loint not set; Thence following !lCll.rve loa point not set. with 11 long chord of 450-.28', chord bctii'ing of N20'"IO'31"W

Rndius=549.61' Arc"'463.93.

Thence following ~ clIrvelo n poinlnot sel with along chord of49g.92', chord bearing of N07°11'2f~W .\

Radlus= 1281.39'; Aru=503.12

Tllence N I S023 '(lS"W 614.9)-' to il point not set;. 'ntence following II curve to II point nol set with n long chord of 177AO', chord bearing of Nfr7"IS'20"B:

Rildius=204.61' Ai'c=I83.49'

Tht!nce N32"S9'4S"B 74.06' io 11 point not set;, Thence 857°08'1 O"E.50.00' (0 a paint not set, the True Point or Beginning.

Suld parcel containing 504,031.5squarc feet or 11.571 acres, which equates to 46,826.2 square' meters or I J .914 cuordos.

LEGAL DESCRIPTION EASEMENT 10.

Beginning ot 11 survey control pointin tho Ward of Guayacnn, said point being a bross: disk set in concrete, Said point al~o known os • DOCK' nnd having a norlhiilgof 801 006.9442 and no casting of!}~816Z.6251 noted as the Point of Beginning on the plll1lnbeled "UNITED STATES GOVERNMENT PROPERTY FORMER NAVAL .ST ATION ROOSEVEL T!l.OADS BASEMENT) 0". Thence N82" I S,'J3"W 6368.65' to on iron rod set; me True Point of Beginning •. having It northing of 80 1859.2585 ll!ld an easling of 931851.2678:;

Thence Nllol7lJ '''W'70.94' la a poinlnot selt 'ntence fonowing a curvolO n point not sot witb B long chord of 544~78', chord bc,!ring of N62°20'Sl"g

Rndius,-1438.79' Arc·=- 543.09'

Thence N73°1 5'3S"E 791.28' to n pointnotsot~ TIlenceS16D44'22"E 9.18'to n poiilt not set; ThenceN73°)S'3S"E 13Bt.t2' to 11 point not seti Thence SOlOOO'4g"E 5\.13' to an iron rod set; Themcc S73olS'38"W )]67.26' to an iron rod set; Thence S.) 6Q44'22"E 9.18' to an iron rodsetj TItenceS73Q15'3S"W 7~· •• 28' to an iron rod set; Thence· following n curve (0 an. iron rod set.lhe T11I6 Point of Beginning witit a long .<;hord 0 r 539.87', chord bcmring ofS6)"54'26"W ,

Rndills=1371.21' '; Arc = 543.42' ,':>

Suid parcel conlaining 157,993.8 square feet or 3.621 acres, which .equates tG 14,678.2 square meters or 3.735 cuerdllS.

LEGAL DESCRIPTION EASEMENT 11

Beginning a~ a survey control point in tile Ward ofGullyocnn, said point being.11: brnss disk set in concrete. Said point also known ~ 'DELICIAS' and huving a nqrthing pf7!l9143.85-31 undan easlins or 927504.490) noted as Ihe Point of Beginning on tbe. plat labeled "UNITED STATES GOVERNMENT PROPERTY FORMER NAVAL STATION ROOSEVELT ROADS EASEMENT un. Thence S83"29' SS"W 1270.45' to an iron rod set, Ihc.True Point ofBeginning; hl1.viI1g.1l northing 0£799000.0249" and ,In t8:lting of926242.2090!

Thence following n curve tq a point not set Witll a long cllord of206.40', chord bearing of S44-u37'24"S

Radius.-7991,52' Arc-206.9&'

Thence S:17°12'2S"e 184.72' to 1\ point not set: Thence. following a curve to II point not set with II long chord of31 O.lS', chord bearing of S 16°02'2S"E·

Rodlus .... 29.S2' Arc=317.3S"

Thence SO's°07'3S"W It:l.24' 10 a poillt.not set; Thence foUowlnlPl curve 10 Il poinl not set wiih II long cbord of29S.16'", chord bearing of SI3°33'S8"E

Radfus""460A8' Arc.=300.46'·

Thence S32°lS'3r'E 300.98' to 8 point not set; .,~ Thcnca tbllowing a curve to a·point nol set with a long chord of 368.15', chord .b'~Qring of S 16Q53'22"E· .',. . '.

Radius=694.52' Arc.-372.60·

Thcnce.S(}IQ3t't3"E 874.38' to a ~roint not set; TlIenca following a curve to a poinLnot set with a long.chordof47B.71', chord bellring Df 811°36'57"8'

Rudlus-1365A8:' Arc-48 1.20'

Thence following.a curve to n·point not set with it long chord of 45(),)5', chord beoring of S85°44'lO"E .

RodluS""250A8' Arc=SS9.79'

Thence N300!4J21 "RS82.72' (0 II point not set~ Thence N59Q4S'39"W 19.691 [0 a poilltnot sel; Thence N:lOQI4'21"E 467.43' to a point nolsel: 111enca following a curve to n point·not set with along chord of 1610.03'~ cltord liearing of N32~O'2S"S

Radiils"'2194!);2l' Art:-1610.4S'

Thence N34"26'35"E 721.41' to· n point not set; 111ence following a curv.c Ion point not set with a long chord of 1138'.26', chord bearing of N39"17'S4"B

Radius=6724.21' Arc=I139.63'

Thence following a curve 10, II· point not set with n lonr;rchord of 684.73', chord bearing of N54°49'22"E

Radius= 1849.21 ' Arc"688.70'

Thence N6S"29'32"E 226.9&' to 11 point not sel; 111ence S24U30'2&"E 15.42' to a point.nol set;

r'

I

Thence. following a curve Lo n- point not sel with n.long.chord of 577.11', chord bearing of N'12°44 '26"E

Rndiua-746.21' Arc=592.63,

l1leilce.N 19°59'21"13' 655.01:' [0 II point not set: Thence folloWing II curve to a poinl not sol witb a long,chord of 719~17'" chord. benring of N3S·42'42"!!'

Rndius=J4383g' Arc=789.65'·

Tltence 821 oJ 7' n "H 70.94' to ari ironro(1set; TIlencl: following II curve to n poinl nOl set with II long, chord ot'722.84 ,.~ chordbcnring of S3S'16~11''W

. Rndhls=137i.2l' Arc=13 1.48'

Thence S 19°59'21"W 651,23' toa pointnot set; Thence following 11 curve to a pointnotsetwilh nlongchoroof629.4S'. chord bearing of S42"44'26"W

RadliJs=813.79t

Arc~646.30'

Thence S24"30'28"E' 15.42-' 10 a point not sct; Thenel} S65"29'32"W 226.98' '10 a PQint not set;: Thence following a curve to a point not set with II long chord of 648.29', coord bearing of S54°49'22"W

Rndibs-[750.79' ..\ Arc!=652.0S' ';~ '.

Thence folloWing a curve to a point not satwith It long chord. of 1121.60·, chord'oeuril1gQf S39°17'54"W

Rndius=6625.79· Am ... 1122~95·

Thence- S34"26'35"W 721.41' to a point not set; Thence. faHowing {Ii clirve to II point not set wilh.1l long chord of 1602.8.1'. chord be<lting of S32"20'2S"W

Rudius?218S0.79' Am= 1603,21"

Tllenee-S30"W21"W 46.7.43' to 11 poin~ not set; 111ence N59°4S'39"W' 19.69' 10'a poinl not set; TIlence S30" W2J"W 582.72' 10 n point nOlsct~ Tllenee following It curve.to an iron rod sct with 11 long chord ofS56.5I'; chord benring of Nl!so44'IO"W

Radius""309.52r Am=69 1.74"

Thence tollowing:.11 curve to lin iron rod set witb II long cllord of 499.41'. chord bcnring of NI·1 Q36'S7"W

RadlllS=1424.52' Arc=S.02~O I ,.

Thence NOI Q 3I'13"W 814.38' to Ull iron rod set; Thence tbllowing.a curve to on iron rod·set WiUl a long chord of 336.85" chord bearing of N 16°53 '22"W

Radius=635AS' Arc=340.9l-'

TIlence N32°1 S'31"W 300.98' to nn iron rod set; Thence follOWing a curve to an iron rod set with n long eltord of333.00',c\tord. benringof N 13"33'SS"W'

RDdius=S 19.52' i\rc=338·.98:'

Thence NOS"07'3S"E 113.24' 10lln iron rod set~

.. __ .,--".-_ ...• --,----.-.. _----_ .. _--_.-------------._-_ .. _----_ ... _. __ ... _----_ .. -.--_. __ ... - .... _ .. _-_.-.---

'111tmCeI tblfowing n .curve to nu iron rod set with along c[lOrd of267.55', chord benring~f N16°02'2S"W

Radlus=370.4S' Arc=0271.73'

Thence N~7"12'25~Wj 84.72"10 nil iron rod s~r Tllence following a: curve to nn iron rod set witb n.\(jng chord of201A6'. ctlord boaring of N4S"06' 13"W'

R!ldius=740.4liJ' Arc'"!204.H}~

Tllcncc N49.°48'.41!!~B 60.<14' ti> an iron rod sel, tile True Poinl of Beginning.

Said parcel containing 869,213.9 square feet or 19.9S4Iicres. which equate, to 80,572.9 square meters OF 20.546cuerdns.

\

'!

LEGAL DESCRIPTION FOR EASEMENT i2

BeginlJing at n survey control point.inlhe Ward; of Guayncall, said point being II brlls! disk set in concrete; Sl1id poinl also known as 'DELicIAS' and having II norUting of799J 43.8.537 nnd 'Iln ellstingof 927504.490 I noted liS Ihe Poinl of Beginning on lite piutlnbeled "UNITED STATES GOVEIlNMBNT PROPERTY FORMER NAVAL STATION ROOSEVELT ROADS EASEMENT 12". Tlienco N 86"08' 59"82916.67' to art iron rod sct, Ihe True Poil1lof Beginning,' having It northing' 9f 799339:,7094, and an easting of 9304 14.5800:

Thence· fol/owing It cUrve 10UIl iron rod'sel; with II long chord of394.07', (lehard bearing: of S88°16'14"E,

Radius"" 694.61" Arc=399.SS·

TIlenceS 1 S"12'29"W 49.22' 10 It point nol set; Thence following n curve lou point not set; with II long chord of360; 14'. a clrord benring of N8RD I6'14"W, .

Rudiu? 645.39~ Arc=371.24 •

Thellce 875") 5'02"W 302.30' to n p!>inillot set; Thence lollowingn curve to apoillt not. set; with n- long-chord of413.Q.I', a chord bearing of N79D52') O"W,

Rndius"" 514.lW Arc:=446.92'

Thence N54u59'21"W 22.3 7'{o n point nOl·ser,: , Thence following n curve to n point not ,set; Wilb' n long chord of 49.31', n chord~.cniing of N39"39'44"E~ .:;;~ i.

Radius'" 6625.79' Arc=49.37··

Thence S54a59'Z2"E'18.37' 10. n poinl not set, Thence following 11 curve to a point not set; with n long chord ofj 91..60' • A chord.bearing of S79"S2'IO''E"

RlldlilS= 465.39' Arc""404.IS'

Thence N7S"15'02"E 30Z.30'!o an iroll rod set:, Ihe·True Point ofl3cginning;

Snid parcel contnining 55,798.0 square feet or t .28 lllcres, which equtltes 10 5, I 83.8 square melers or 1.319 cuerdas.

LEGAL DESCRIPTtON FOR EASEMENT 13

Beginning at II survey control jloint in the Ward ofGuaYllcan, said point being i1 bros! disk set In concrete. Said point. also known as 'DEL VIS' lind huving 11 northing of796646;7678 and an eosling of927749.8902 noted hs the Point bfBeginning:on the pln11abeled «UNITED STATES qOVERNMENT PROPERTY FORMER NAVAL STATION ROOSBVELTROADSEASEMENT 13", ThenceS73°S2'34"E 168,01' to an iron rod set, the True Point of Beginning" having.ll northing of7.96614 . .l537 and' an ellSting- of 927914.7411}:

TIlcnce N300 14'21"E 5 1..03' toa polrtt.not set; Thence 575"0:4' 5 t"B 919.53' to II point nolset~· TIlenee following II I;urve to n point not set; witb'lllong chord of462.99~, a. chord bearing of S29"33 '20"E,

Radlils" 324.61' Arc=515.47"'

TIlene!! S15°56' J l"W 360;72' to n point nol:sel;-Thenc6 fof/owing n curve to a point not. set; with /I long ehord of 411t.03\ a chord hearing of SOI."33'03"W,

Radlusa S4L39' Arc=422.5 I'

11Jenco SI2°50'OS"E70S.02' ton poInt not sel~ Thence foHowing a curve to It puinl 1I0t set; Willi' II' long chord of 237:97', n chord bearing of S!0024'2T'E; .

Radius- 2809;61 ' Arc=2JS.04~

Thellce S07'58'50"E 664.13' to a point not set; .,::~!;

, .. ~

Thence following 11 CUfve' 10· n point 1101 set; Witll' 11 long chord' of 161.35', 11 chord bearing of SI2°03'lS"E,

RudiulF 1135.39' Arc;=16IA&' .

'11lenee S 1:6"07'41"E "06. I 5' 10 11' point not set; Thence following a CUrve to a point not set; with n long chord of 121.76'.. Ii chord benr!ng of 321°04' 50"8;

RadiuS"" 705.39' Arc=121.91'

Tllence S26·0P54u E 754.37' ta II point.not selt Thence' N6JoSS'06"E' 29.53' 10 a paine not s(l1' Thence following n curve to nn iron rod set; with it long cllOrd of 243.72', u chord bearing of S!7·46~50"E.

Radius=- 849: 14t ·Arc"'244.57'

Thcl1ceS09"31 '46"E282.17' 10 on iron r(ld set} TIlenco following. It curve' to un iron rod set; with It long chord of 294.29\ a chord bearing of 8400:30'351'13"; .

Rndius- 285.86' Arc=J09.IJ'

Thence S 18"30'36"W 29.53 '10· II point not set; Thence' S71"29'24"E 79.41' to n point not set; Thence following II curve to 11 point not setr with Il long chord of 143.96'. II chord bearing of S83Q20'41"E,

Radius· 35G.39' AI'4.=144,99'

Thence NB4°4 8~02"E272:81' to an iron ro£( sel;

_ ,. ____ ._____ _ M_' _______ • __ ~ .... ---~~----- -----~

• __ ._~~ _____ ~ __ • _________ ~~ __ ~ _______ .... _. __ , ______ ~ __ ~_H ______ • ___ .... ____ • _______ • _____ •• M _

TIllmce following n. curve to nn iron rod set; with II long chord of 241.06', n chord bearing: of 370°36' 19"E,

Radius· 289·;61' Arc"'248'.61"

Thence following II. Ilurvc t~ an iron rod· sc~ with II fong chord of 530.38', a chord bearing of N84°01'4T'E.

Radius" 346.39" Arc=604.0T

Thence S55"5S'4511E 49.22' to 11 iron rod set; Thence folloWing a curve to a point not set; witll 1\' long, chord of 605.74', a chord bearing of SS4°01 '47"W;

Rndiup. 395.61 t Arc=689;90'

111ence following it curve to a point nol set·; witb a long chord of 20tlO9\ a chord bearing of N70036~19''W,

RlldiuS""'240.39' Arc=206.31'

Thence: S84°4S'02"W 272.S1' to a point not set; Thence following a- curve to a point nol set; with along chord of 164.1S', n chord bearing of NS3°2G'41 "W;

Rndius-399.6I' Arc=-16S.36'

Thence N71"29'24"W 79.41-' to'1t poinl'not set: Thence folloWing; a: curve to a point not set; with a.long chord of J7S;36',·li chord bearing of N40c 30'JS"W, :~'~

RadiuS"" 364'.61' ... ~., Arc=J94.30·

l11encc N09") I' 46"W 282.37' 10 a point not sct; Thence foHowing. il' curve to It point not set; with'lI long chord of 221.12', n: chord bearing. of N 17"46'SO"W,

Radius- 770.39' Arcf'221.88'

Thence N26"O I' 54"W 754.37' 10 n point· not set; 'nlcnce following a. curve (0 11 point not set; wilh a leng chord at' DO.25', n chord. bearing of N2I c04'50"W;

Rildlus=' 754.61' Arc=130.4I'

Thence N Hio07'ij7"W 406, IS' (0 a politt not set; Thence: following Q curve to Q point not se~ wilh: It. long chord of ]:68.34" it chord, benring of N12°03'IS"W, .

RndiliP 1184.6" . Arc'" 16S.49'

Thence N07°58',sO"W 664. t3' (0 a: point ncit set;· Thence toI/owlng Q curve to ~t point not set;. with It fong chord of' 233.80"', It chord belll'ing of N 1 0"2<1 '27"W;

Rlldins'" 2760.39' Arc=2JJ.87~

'111ence N 12°50'OS"W 705.0:1' to n point not set; Thence following· a, curve to II point not set~ wHh a long chord of 442.541, II chord bellring of NO IOJJ'Ol"E, .

Rndius- 890.6\' Arc-447.22'·

Thence N 15"56'1- P'E 360:72' to· a poiilt not set;.

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

Thellce. following a curve to a point not setj with a IOilg chord of 392.79" a cllOrd bearing; of N29"33 '20"W,

Radius" 275'.39' Arc=437.31'

Thence N75D{}2' 5 j "W 932.99' to nn iron rod set, the True: Point of Beginning.

Said parcel containing 3!}4,968.(} square feet or 9.067 ncres; which. equates to 36,693.9 ·square meters. or 9.336 cuerdlls •.

, ·1

_ ...... ___ ~_.- . ...__. ____ ._._ ..... ________ ~_" _______ . _______ ~ ____ ~ .... _______ , ___ ._. __ ~_~ ____ _ ---'. __ .. ,,_. __ . ________ ~ .. ~.:_~"--~-m- .. _A .. _". ________ ~ _____ _

LEGAL DESCRIPT10N FOR EASEMENT 14

Beginning ul a survey cORlral. point irilho. Ward of GUllyncan,lIaid point being ~ bms! dIsk set in concrele:. Snid point 1I1sQ. known as 'DEL VIS' !lnd hnvln& II: northing of 79664 6.7678 llnd an ellsting of 927149 .8902 noted as the Point, of Beginning all the plill-Iabeled "UNITED, STATES' GOVERNMENT PROPERTY FORMER NAVAL STATION ROOSEVEI. T ROADS EASEMEN'F 14'". Thence S47"16~47"E 6610.93' to' un iron' rod lIel,.lhe True'l'oint of Beginning, having 11 norlbing of 792161. 7895. Rnd nn eastlngor 932606.7849::

Thence S48°34'14"W 49;22' to'un iron rod set;· Thence foltowing lI:cllrve 10. n point not set; wHh 1\ long chord of 327.40'; n chord.beoring of NSl o48'4t"W, ' .

Radius" 908.39' Arca 329.l9'

Thence N62"t I '35"W 204.46' to·n point not set; Thence. following Ilcurvetonpoilltno& set; with along cbord of285.]7', n chord bearing of N87 Q 30'50"W,

Radius" 333.39' Ar~294.67'

Thence S67°09'5S"W 249.07" to n point not set~ Thence following n curve (0 a point not set; with a long chord of273.38', 11 chord bearing of S5003S' 54"W,

Rndius= 479.39' Arc=277.23, ,

:;. Thellce S34°01 '5J"W J 1296' toa point not set;: .,. Thence. following a cnrve to a point not set; with a long chord of J 57 .69\ 11 choni:llellr!ng of SQ3°5S'06"W,

Rlldius~ 157,39' Arc=16S.17'

Thence S26"OS'42"B, 141.99' to n point not set; Thence fonowin~ a curv'e 10 un iron rod set; with a long chord of275.30", a.chord benring of 303°59' l7"W,

Radius= 274.61' Arc=288.31~

ThenceN5SoS5'45"W49.22' to an iron'rod·set; Thence following II curve to a point not set; with nlong chord of 225.95', fI chord benring.of N03°S9'I 7"E,

Radius· 215.39' Arc=236.68'

Thence N26'OS'42"W 14,1.99' to a poiritnot set; TIlflnCC following D. curve to II point not set; with u long chord af207~001, n chord benrfng of NOJoSS'O()"E,

Rndius= 2015.61' Arc"'216.82 •

Thence N34"01'5J"E 112.96' t9 n point not set; Thence followingn' curve to a point nat set: with n long chord of 301045', n chord bearing or N50035'54"I!,

Radius= S2!t61' Arc:"3{)5~69"

Thence N67"09'5S"E 249.07' to 11 point' not 3et; Thence following a curve· to a point not set; with a long chord of 327.27', a chord bearing of S87°30'SO"E,

Radius=382.61" Arcc:3Ja.17"

Thence S6101 1'3S"E 204.46' to a point not set;

, ,I ... A.'A' ______ ~ __ · ___ ··, ___ '·· __ ' ___ ~···.-·-·-··------'-----~-.-,~~-- ' __ ' __ '_'._'_'~'A-: _____ ' ____ ' __ " __ ~"""""':' __ -:---:-___ :---_"_'_~_'-"---'--:-~----~'~---.--""-::7"--... _. _

111enc~ following n CUli/e (0 an iron rQd set; the True Point of aeginning with along chord of 345: 14', nchord bearing ofSS1D4S·'4P'E, .

Radius=-9S7.61, Arc."'347.03'

Said parcel containing 103,.155.2 square feel or2.382 acres. which equates to !},639.2 square meters OF 2.4s2 cuerdns.

LEGAL DESCRIPTION FOR EASEMENT 15.1-

Beginning at 11 survey conlrol point in Ihe. Wnrd' of Machos. said point. being n brtlss disl( set in crmcrete. Said point-alsolmown nl~ 'CAMP' nnd huving n northing. of 800851.3059 lind nn ellllting of 94lS74;63 I 1 noted us the Point ofBeglilnfn~ on the pillt labeled "EASEMENT 15 1", Thence 858°IS'43"W 1415,33' to, an iron rod set, the True Point of Beginning,. having n norlhing of 800 106.7923 and an cast big of 940370.9503':

Thence 8S3"34'.53"5 189;86'108n iron rod set·, Thence 550"43'25"a 313 .. 99' to un iron rod 3et~ Thene!: following a,CUIVC to nn iron rod sel wilh a long chord of 278.22' , chord benringof S52°59 '29"0

Radius=3S 15.39~ Arc;:=.278.30!

Thene!: S34'44'26"W 49;22' (0 a point notsel; Thence following a curve to n point not set with a long chord of 282.12', chord bearing of N52°S9'29''V/

Radius=3564.61' Arc;=282.19'

Thence N50"43'2S"W 313.99' (0 II point: not set;: Thence N56a31'OO"W 18tL32' to II point nOI set; Thence N54'53'lO"W 1578.10" 10 nn iron rod set; Thellce N3S"07'20"E 59.04' 10 on iron rod set; 111ence 554,"5:1' 10"82578.09' \0 ~n iron rod set,. tlte True Point of Beginning •

, .'~

. ;:;:~ :. Said parcel containing 191,623.6 square. fee{ or4.399' ocres, whiclr equateg io 17,8025 square melers or 4.529cuerdlls.

, )) --........ -.~ ... --... -:-----.--.----:-....... ------~--.~---.------' .. -.....,---.------.~---'----.-.---~---.-.---.--:--:----- ... ----.-.--.--._._----_.-¥-. --_ .. _-_.--;--

LEGAL DESCRIPTION FOR EASEMENT 15 II

Beginning at a survey control point.in ·Ihe Ward of Machos, said point being a. brns! disk set In concrete. Said polntnlso known liS 'CAMWnnd hovlnSll nOrlhing (lf800851.3059 nnc;hincllsting of94 1574'.63 1 1 Iloted as the Point of Beginning all the plat labeled "UNITED STATES GOVERNMENT PROPERTY mRMERNA VAL STATION ROOSE'VSL T ROADS EASEMENT IS n", Thence N71¢4S'O I"W 4473.04' to nn iron rod set, the True Point ofBeginning,.baving It norlbfng of802248.3771ililcl on cnsting of937325.3615:

Thence S54°SJ'IO"E 114j~08·· to an iton rod set" Thencc·S3SD07'20"W 59.04' to nn iron rod set; Thence N54DS3' IO"W I 145.07'· to n point notset;. Thence N35D06'SO"c 59.04' to an iron rod. set, True Point of Beginnfng

Said parccl containing 67,605:.1 .square, feet or 1.552 acres, which equates to 6.208.7 square mete~ or 1.598 cuerdns.

. .. ~

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

LEGAL DESCRIPTION FOR EASEMENT 16.

Beginning ·nt 11 survey contror point in the Ward of Machos, said point being a brasS-disk selin concrete. Said point also Icnown as:' CAMP' lll1d having a nQrthlhg of 80085.1.3059 nnd an ensting of941574.631l noledns the Point of Beginning on lhe plat labeled "UNITED STATES GOVERNMEN1' PROPERTY FORMER. NAVAL STATION ROOS.EVELT ROADS. EASEMENT 16". Thence S2S"34'47"W 1356.43'; to 11 PI< nail sel, the True Point.ofBegilming, huving a northing of 799621.8270 nndan ansting of 940988~9671:

lllcnccSSSol5'34"E r622~ 79' to a point not setl Thence tollowing II curve ton point not setwiU. a long chord 0017.94', chord bellring of S44"08'39"l!

Rndius=82'1.61 ' Arc=319.94'

Thence following Ii curVe to Ii point not set with Ii long chord of471.02'" chord benring of S44°53'41"e

Rndlus"'1145.39' Arc9'474.41'

Thence 856°45'37"£ 453.21' io a point not set;. 111ence: following II curve tl) a point. not set· with n long chord of 885.86\ chord bearing of 825"20' 19"E

Rndlus;:o849.61' Arc"'931.87~

Thenco. S06"04!"59'·W 307.16' to a poJnt not set; ·l Thence tollowing H cutVeto n point Dotset with n long chord 0(263.68', chord~cnrin!1. of S47"2S'16"W . . .

Radiu5"'199.6L' Arc=2S8.03'

l1\enee S88°4S'33"W 199.61.'·10 n point not set; 'I1tencc following 1l.CUlVC to n point not sol with !lIang chord of512.24', chord bearing of S54"06'07"W

Radius=-450.39' Arc=544.81'

Thence 819"26'4 I"W 326.67' to 3 point not sel; Thence following 3 curvc·to n polntnoHet. with 11· long chord of 80; IS', chord beilriny.of S20"22'22"W

Radlus=2474.61 ,. Arc=8o.I5'

ThcnceS21°18'03"W 174.42~ to II point not set;; Thence tollowinga curve ton point notm:t with n long chord orISlA3·. chord bellring of N I S047 'S7"W

Rlldius==I.50.39' Arc-194.76'

Tlience 852"S3'57"3 1350.91' 10 nnJron rod 5el; Thence S37"05'03"W 49.22'(0 an iron rod set; Thence N52°S3'S7"W t3.s0.9l'to a polnl not seti 111cnee following a curve to n ·point notsel with 11 long chord of 240.8=1 " chord· bearing of NIso4T57"W

Radius-I 99.6P Ar,,=258.5Q'

Thence N21°18'03"E 174:42' to R point nOlsel; llulDce tollowing D curve to n point not set with n long chord of-78.56\ chord bearing of N20"22'22"1! .

Rudius-242S.39' ArC'"'7S.56'

------------------------------------------------------------____ ~_ ..•. ~ ____ ~ ________ •.. _~ .... __ .~ _____ ._ .. __ ':":"~._:_v--__ ._t __ ~_ .... L.:_ ..... L-... -

. I

Thence N 19"26'41 liE 326.61'- to_ II: point not sel; Thence following a ~!1rvc to II: point not sel with u long_chord of 568.22-', chord- bearing of N:S4C06' 01"11

Rildius=499.61' Arc=604.4) ,

Thence N88"4S'33"E 199.61'10 It point not~licl;-Thence (allowing -~ c~ to n point not Slit with It long chord of 198.61'1 chord beRring of N47Q2S'16"g -

Radlus?150.39, ArC""2) 7.0 l'

Thence N06"{W59"E 307,16' to a point I"!otsct: l1!ence following-Bcurve to a point nolsctwilh n long chord of 834,54, ctlord benring of N25"20'I9''W

Radlus=800.39' An:~871.89~

'nlence N56°45'31"W 453.21' 10 a point not sct; 'mence following n curve to a point not set with 11 long chord of49l.26,_cbord h~lIring of N44°5J'41"W -

Rudius=1194.61' Arc=494.79"

'nl/::ncc following a curve to II point not set with !liang chord 0(298.96, chord bearing of N44"08'39"W

Radius"'77S.39' Arc-300.84"

Thence N55Q IS'34"W 1622.79' to n point not set; _;~'& 111ence N34"44'26-"E 49.22' to n IlI{ nail sel,True Pojnt of Beginning.

Said pllrtel conlnlning 351719.9 square feet or 8.212 ncl'e$; which equates to 33233.4 squar" mctcl"3 or 8.455 cucrdas<.

\ } . ~

-.--.-----.-.-.---.----.... -.-.-----.-.----.. -.--...... -.-.-----.---.... --.-.. - ... ---... --.-.-----.. ----.--.... -.-... -.-.-.. -•. -.c:.-::::::-.~ .. --.--~ .. :--.----

LEGAL DESClUPTION EASEMENT 17.

Beginning. lit a survey conlrol poinlln the Ward ofGunyncnn, said poinL being ~ brass disk set In·concrete. Said point a/!lo known liS' EMBEACl1' and having n norlhing 0f798535. n IS lind an casting. of 943260.8239 noted as the Point of Beginning 011 the plat labeled "UNITBD STATES GOVERNMENT PROPERTY FOllMER NAVAL STA nON ROOSEV"!tLTROADS EASEMENT 17·· .. 'I11cnc:e S70"34'Sl"W I 062.22." to an iron rod' sot, the;Truc Point of Beginning, baving II northing of798181.9491 and an e'dsting.of94225!10304:

TIumce 820"24 '39"W 163.1 T to nn Iron .rodllet;. l11enccS35°1 1'24"W 90.5.7' 10 an iron rod set; Thence S44"D7'lS"W 227;64' [0 Il" poinl not sel. ThenceN4S·4S·06"W 38.83' 10 a poinlllol set; Thence N44"11' 54"£ 120.58' to tI poinl not set; TheneD following II curve IQ a·point not set with a long'chord of 1000012:', chord bearing of NOS"3I'SO"e

Rndiu:.=65S.39' Arc=1137.67'

Thence S55QI5'3'4"E 344.36' to II point. not set: TIlcnccS3.4°44·26"W 40.66' 1011- point nut.set; 111ence following II curve to n point notsel,.lhe-· True Point of Beginning with a long chord of 49l.3I'. chord bearing of 805"35'53"£

Rndius=704.61· Arc!"'50.l.8S'

Shid parcel containing 54,671.6 square feet or- t .255 lIcr~ which. eqltates' ta S,01?~2 square meters or 1.292 cllerdlls~ .' ..

~ _______ '-••••• __ -._ •• _._. ___ >. __________ ~~ ___ • ______________ ~ __ • ___________ • __ • ___ ~~_....,_k ___ ~ ____ . __ ':""------~l.__._ ...... ~ __ ~ __


Beginning at a survey control point in th.G Word ot'Gunyacnllt said point being B bras! disk set {11 concrete. Said point nlso known as" DELICIAS" lind hnving a northing· of799143.8S~7 lind nn eastinG (If 927504.4901 noteo ll~ Ihe [loint ofBeginning on the plntlnbeled"UNlTED STATES GOVERNMENT PROPERTY FORMER NAVAl:.. STATION ROOSEVELT ROADSJ;:ASEMENT IS". Th!mce S82°02'4S"W 13-21.16' to an iron rQd·sct, thcrTruc Point ofBeginning~ Ilaving a northIng 0(798961.0287 and an casting of 926196.0422:

-nience following 11 curve tau point not set with a long chord of 58.01' ~ chord bearing of N55°14'45"W

Rndius=140A8.' Arc-58.0S'

Thencefullowinga curve 10 a point not set wilh 11 long chord oi749.97', chord bearing of N6soS7'48"W

RQdills"188S.48~ Arc"'755.0.t'

111ence N80"26'O~"W 33~.41 i to (\; point no~ sel;. Thence N02°SJ'40"B'59.44' to an iron rod sel; 'Olence S80"26'05"8 340.32' to a point not Silt;

Tlience tbllowing l! CI)rye (a 11 point nOlsel with n, long chore! of 773.46', chord benringQf 568"57'48"8

Radillll=1944.S2' Arc-778.55' '\

111cnce following i\ curve to a point not SCi with n lon3 chord 01'76.05', chord qeiU'ing.of SS4"4S'S6"E ...

Rudius=o79!}.52' Are=76.0S'

Thence S49"4&'46"W 60.43' to an iron rod sel, the 'nile Point of Bc~inliing.

Said parcel containing 69,121.9 squl\reJeet or 1.587 acres; which· equates to 6,42 f.7 squnre melers or 1.634 cllcrdus.

· • __ ~_. __ ..!-.''''K'_'''~_'''''. ____ ' ____ --''''' ___ '--' ________________ ~_._. ____ . _______ .• _._. __ ._._. _______ . _______ .~ .... _ ........ :-=--_. __ . ___ A'~ __ ~ ______ .. _._ .. _ ...... _

1

LEGAL DESCRIPTION FOR EASEMENT· 19

Beginning ~t n survey t,:ontrol· point in tUtt Wnrd of Guayncnn, said point being n braD disk set in concrete... Said polnt alsO' ',nown as. 'DELfC1AS; and havIng ~ northing of1991~3.853-7 and an cnsting Qf 921504.4901 noled'os the PointofBegiimfng all the plat labeled "UNITED STATES GOVERNMENT PROPERTY FORMER NAVAt.STATION ROOSEVELT ROADS EASEMENT·l9'~" l'ltence N84"23'OO"W 2393.39' (0: an iron rod set, th~ True Point. or Beginning; !iRving n northing of799378.G976 and an costing of!i25 I 22.59S2! .

Thence· S02"53' 40"W 59.44' ton point not set; TbenceN80"26'OS"W 1000;44' toa point not set; Thence. following nctlrve. toa point not set with II rang· chord of 524.92~, chord bearing of NB6~S2'24"W.

Rndius"2340.43' Arc=5i6.02"

Thence 886"41' 17"W 956.B5' to· n point not sci. Thence 8039 )S'43"8- 19;69;' to a point not set; Thence· follO\yjng.R curve to n poinl not set wilh n long chord of 328.45', chord bearing. of S73°39'S5"W·

Rildius ... nR.79' Arc"'33 1.29'

Thence N29"21'2 7"W 19,69'tf> n point not selr Thence S60"38~33"W 1014.42' tan paint nol set; . "I'hence following 11 curve 10 'U point not set with tt long chord of 440.23~, chord, Dell1ing of S71"37'38"W ,1

Rndills=753.5U /S Arc=446.74'

Thence N85"23' lS"W 105.09' 10 a point nat sel; Thence S06"19'OS"W 565.74·'10 u point nol.set; Thence following a curve to a point nouel wilh nlong chord of 240.83' ) chord Dearing of S 12929,' t S"E

Rndills=370.39' A rc=24Si29'

Thence 831 "21'J4"E 205.67' to 11 paint nol set;-Thence· tol!owing n curve to an iron rod:sel Wilh II long' chord of512.82,., chord bearing of· S25"12'28"B

Rudiils=2354.61· Arc=513.83'

ThcneeS7-I"02':3S"W 49-.22' to an iron rod sel; Thence following a. curve· to nn iron rod set with a.tong. chord at' 502·.10\ chord bearing. of N2.5"12'2S"W

Radius=2305-.39' Arc"'503.09'

TlJence NJ 1 "27'3tJ»W 205.67' to un iron rod sci; Thence following 11 curve to n point not sel with a long chord of212.84.' \ cho.1'd benring of N 12"2!}'IS"g

Rndius"'419.6I' Arc"217.89'

Thence N06"29'OS"1! 488~65' toa pollit not set} Thence N'11 D I4'04"E 13.5.3&'£0 Il. point not ~ell' Thence S85"2.3'IS"g 141.19' 10 n point-nouet; Thence following a.curve.to n point not set with n lon~ chor.d of 40S.74,o, chord bearing of N77"37'38."g

Rndltis"694.4W Arc=41l.14'

Thence N60"3&'3:3"E 1014.42' to npoint not set,

,

.M __ --" ••• --····--·-,···-~~----··-~-·-~·----------'-~'·-~.---•••• -.~~-----.--------•• - ••• ----~-.-•• -.-------••• -.-----.--~----.-~-----"-------___':_. ___ ._J__..L:-.~

Tlience N29"21'2T'W ] 9.69' !o a point-not set; 'nicnce following 0 curve to II point not set with a long chord of372.80'; chord benringof N73°39' 55"13

Radlus=827.2.1 ~ Arc-376.0l'

Thence S03°]8' 43"E 19.69' to a point not se'~ Tlience N86"4l' 11"13 956:85.' to an iron rod Silt; Thence. foltowiilg.llcurve to un. iron rod set with a.long chord of 538.16'. chord bewing 0(S86Q52'24"B

Rndills=2399;S2' Arc=539;29'

Thence 580"26'05"13 993.54' to nn iron rod set, the Tnte PoInt of Beginning.

Said parcel containing 350;976.2 square feel or 8.057 acres, which equates to,32,6U6.9squore melers- or a.296 cuerdns.

, .;~

!

, ~"

. __ . __ ..... _____ ._. ___ .. ___ .... __ . _______ . ___ .. _. __ ._. __ .. __ ._._. ___ . ______ .. ___ .. __ . ______ . _____ ._. ___ ._. ___ .---c·-··-_·"-:··---···_· -- .--... _--.... -._.-_. __ ... -


Begl.nn.irig nt II survey control point: in the Wnrd of Daguuo, ~aid point being a brass· disk set lirconcl'ete; Soid polntnlso known us 'MANAT[' IIntlhnving n northing·of791059.13J9 lind an elISting:of92f'190.5759" noted as Ihe Point ofBeglnning on the plnllilbclcd'~UNlTED s'r ATES GOVERNMENT PROPERTY FORMER NAVAt.STA'I'ION ROOSEVELT ROADS EASEMENT 20". TIi·ence N12G.l2' 56"W 5380.02' to an iron rodset •. lhc Trpll I'oint· of Beginning, I1l)ving.1\ nQrthfng ot'796317.J3 8S lind· an casting of 920352.221J:

'mence N07"iJ'37"W 50.~· to a point noUel;· Thence following II curve to n point not sel with \lIang chord of262;52\ chord bearing of N60"27'5S'E

Rlldius=7j5.39' Arc"26J.93'

Thence NSooII'OO"E 631.48' to n point not :let; Thence following a curve to all. iron rod set with a long chord of443.02·j chord belll'ingof" N15"36'49"Ei

RadiU?390.39' Arc=41 1.09'

Thence N71"02'3S"E 49.22~ t.o an iron rod ~et; Thence following fI curve to 11 point not set with a long chord of498.88~, chord bearing of S 15DJ6'49"W

RlIdlus-439;61' Arc=530.48' ,

Thence S500U 'OO"W 631.48' to lin iron rod set, ". Thence followinB a curve tQ all iron rod set, the True, Po.intor Beginning,. willi 1l.J#ng c.hord.of 290.24', chord. bearing ofS60050'JZ''W .

Rlldius-7!!4.6i s· An:z>29 \.92'

Said parcel conlaining69,409.9 square feci or \.593 aCfeS:, which equates to 6,448A square meters or 1.641 cuerdas.

, \ j .--~-.... ---------,-.-.----.. ----,-.~-------.-.~--.----..-----------.-----.-.-•.. --.... ".--.-.,----------.. -.---.. ----~_._-.... __ ._--_ .... _---_ .. __ .. __ . __ . __ ._--.-....... _._-_ ..... -.-

LEGAL DESCRIPTION EASEMENT 21 .

Beginning lit II survey canltol point in the,Ward Of DaguRf>, sOld point being a brass disk set fn concret". Said point also known as 'BAKER'alid hOYing.R northing of 794549.679$ nnd an enstingof921077.9933 noted aSlhe Point of Beginning on thl! plat Inbe1ed"'UNITED STATES GOVERNMENT PROPERTY FORMER NAVAL STATION ROOSEVELT ROAPS EASEMBNT2 P'.l1itlllCe N I JU53'46"W 1966.63' to !In iron.~od,set.lho Tnle Point of Beginning, having a norllllng of 796458.7488 and an !lasting. of92060S.6833!.

Thence following n curve 10 II point not set wilb n long chord of 332.65', chord bearing of S2 I D45'2X'W Radius",,349.39' Arc=346.70'

Thence 806°40' [7"E707 .30' to Ii point nol set!. TIience foJlowiJig a curve to II pah~~ n(it selwilb It long chord of228 . .5)", chord bearing ofSlO'U9'33"W

Rndius"'J94.6I' Arc=23 1.83,'

TIl(mceS26"59~23"W 1182.66' to-· a poinJ nol 5el1 Thence fo !lowing a curve 10 II poinl nat set wilb II. long chord of 62.33'. chord belii"ing of S I 1"34 '06"E

Rndills"'50.00· Aw=67.JO'

Thence followirig a curve to a point not set witli n long chord of239.96\ chord bearing of'S25G! 1'361'11 Rndius-284.61 ' Arc-247.7I'·

Thence 800'" 5'36"S 233'.14' to II point nol set; Thence follOWing II curve to n pOint-nolsel witllitiong chord of 115"SI:', chord bearingofS27°4l'n"g

Rlldius"}2S.J!lt Arc=120.0j'

ThenceS55°06'51"E 162.71'lo·apointnotscl:: Thence tbllowing n curve to II point not set with R long chord of I S6.28~, chord bearing of S2J"J7'40"E'

Rndius=149.61' Arc=I64.43'

Thence S07·"51'31"W 152.93' to II point not scI;. Thence follOwing a curve to a: point 1I0t set with n long chord of 86.37'. chord bearing of 827"05'18"&

Rlldius=1S.39" . Arc==9J:.97'

Thence 862"02'OT'& 305.68' 10 II point not set; Thence following!! curve to n point not set willi 11 tang chord of 34!}.O5"~ chord' bearing of S75GS7'24"a'

Rndius=72S.39· Al'c""352.S1·

Thence S89"S2'42"ji I 80.05' to n point not so,: TIlence 80)Q18'44"E·49.24' to·a point not sci; Thence N89"52t 42"W 181.28' 10 it point. not set; Thence following lI,curve 10 II point not set with it long chord of372.73'. chard bearing ofN75"57'24"W

Rndius=174.61' Arc-376.42'

TIlence N62°02'07"W305:68' to II point not set;. Thence following a curve to II point not setwilh a long ~hord of 142.7(i', chord bCllringofN27"OS'IS"W

Radius."124.6V Arc=l52.01'

TIlence N07°5' I 'linE l52.93' to a point. not set; TIlence following a curve to II point not sat with along chord of 104.81', chord bearing of N2JOJ7' 40"W

RadiuFll0.J9" Arc"" II 0.34'

r _ ",~,y •• __ ~ •• , •• ~ _____ • ____ ~"~'~' _______ ' ___ ~. ___ "" ___ 'N"""""~_""""' __ '. ____ " ___ '_' __ '" ____ . _____ ....... _ ... _ ....... "_ •. _ .•• _ •. ____ ,, .•• ~.~ __ ~,,_._"._V-.-~ .. --.. - "Z"" .... -_ ........ •• 'Y',', - ... ,-.~------.-••• ~ __ • ____ ...

Thence NS5"C6'Sl"W 162.71' 10'11 point not sel; Thence following n curve to a point. not sel witb a long chord of 160.86',chord,bearingofN21'4I'i3"W

Radius""174.61' Arc=167.17'

'n"iencc NOOo 15 '36~'W 233.1' 4' fa a poiilt not set; Thence following a. cUrve ~<i npoinrnot set with' a long chord or 198.46'; cilord benringofN25"1'l'36"W

Rndlus;;t23S.39~

Arc=204.87· Thence following a curve to a point not set with a long cl19rd of' 123.69', chord hearing orNII~34'06"W

Rndlu$.""99~22' Arc""133.54'

TIlence. N26Q59,'23"B 1182.66' to R point not' set;. TIlenc.:o following II curve to a point nol setwith along chord. of200.0l', chord bearing ofN IO'09'33"E

Rndills=345~39' Arc~202.9I'

'nlence N06!'40'17~'W 707.30' to R point notsll!; Thence following II curve to 11' point nol set with a long chord of228.97', chord bearing ol'NIIJ'Ol'10"E.

RadillS"'39B~61 ' Arc-232.24'

Thence following II curva-Io an iron rod sel~ the Tnte Point of Beginning, with a. long chord of 15!1.60', chord bearing ofNS6."OJ '16"E.

Rildius"'184.61' Arc=159.8S·

\ ., Said pnrcel:col11ninlng 221,548.7 square feet or 5.086 ncres;. which equates to.20.582~~}!qll.are meters or 5.231 cuerdns;. .' -. "

, .. __ . ___ ~_. __ ~ ___ ~.~~_~. ____ ..-__ ~...-.-.. _____ ,_ .. ____ . ___ -.---.--------... ~-.---'--:--"77:-::---:-:-'--. ------:---.---.--~~~ .. -'--.--.. ~.-- --::-,(-::"-:-, -. -I---i--:"


Beginning at a survey control point in the Ward of (iuayacan. said P9inl. being Ii brass disk set in concrete: Said point also known all 'DELVfS' and baving n northing of796646.1678 and an easting (lf927749.8902 noted DS tho Point ofBeginning on Ihc,plat labeled "UNITED, STATES GOVBRNMENT PROPBRTY FORMBR NAVAL STATION ROOSEVELT ROADS EASEMENT 22". 111cnce SIO"14'36"E 5702.81' [0 lin iron rod set, Ihe True POin~ of Beginning. having a north'lng of19t034.8S02 nnd'an casting of 928764.0234: -

Thence,S37"21' I O"E 56.21.' to a point not set; , Thence following 11 curVe to; n point not seti with n long chord: of 93.66' • It chord bearIng of S32CJQ' 14"W;

Rlldius"'" 399'iil' _ Arc-93.87'

111ence 839°14'0 I"W 203-,42' rc.l1 point.no! set; 111ence S3 IG01'OO"W 2911.77' 10' II point not set~ Thence N82"23'22"W 53.67' In a poinlnot set; Thence N3,o07'00"E 323.67'" to n point nol set~ TIlence N39°14'(}\"~ 206.9 P to II point not sot; Thence follilwinga curve to an Iron rod sel; the True Point ofBeglnningwilh II long chord of. I 01.32', l~ chord bearing ofN3a~25'29"B.

Rndiu~= 35(}.39~

Arc=/07.74'

Sllid parcel-contnlning 30;374.0 squIU'C feet or 0.691 oYan acre, Which equates t02,sil_S square. meters or 0.718 of II cuerdn. .;:1~ :,

;.' ./ 1 ~ • ___ ~. ___ ' __ ~. __ n .... ______ • _______ • _____ .-· •• ·-~-::--------"-'~-••• -. -. ---:--:--::-:'-"~"-"'~-'-'-:'-:--. :-.-::-:':--"---. -•••• ----. ·------:--......... --::-----·~-~-···-·~·---·-:~-:-----:---~-~.--f


Beginning at II survey control point iii tlla Ward·ofGunyacan, said point being II brnss:disk set in concr.etc. So.id point also known lIS 'DELVIS' nnd having. II northing of79664tt7678nnd an en!iting of921749,8902 noted as the Point of Beg inning on the pIa' labeJed "UNITED STATES GOVERNMENT PROPERTY FORMER NAVAL STATION ROOSEVEL T.ROADS EASEMENT 2J"~ Thence NSoo37'43"E 1415, I 0' to an iron rod set, Ihe True Point of Beginning, having a northing of 797544.4326 and nn easting of 928843,8370:

111ence N5so3S'04"W 49.22' to a poinf not sell 111ence N34°24' 56"8 784.00' to a point not set; '111ence following It curve to an iron rod sat with a long: chord of (4.71', chord bellring of NI0"3S'S4"W

Rudius"IO.3!); Arc=16,34"

Thence NSso42'4:J~'W 262;$5' to liD' iron rod seli. Thence N34°26'3S"E 49;22' to npoint not set; . Thence S5so42'43"E262.42' ton point not set; . Thence following a curve 10 a point not !Set with a iong chord. of 84.40', chordllellring or 310°38'54"13 ;\

Rlldii.ts.-S9~61' Arc=93.17'

Thence S34924'S6"W 784.0G' to nn iron rod set, theTrue Point of Beginning;

Sllid parcel (:onlilining 54,217.7 square fee~ or 1-.245 acres, which equates 105,037.0 square melers or 1,282 cuerdll5.

L.

._._~ __ • __ ._. ____ ~ __ ...... ___________ • _____ • __ • ____ ..... _w •• _______ --~,~-..... -.~.--~- ---- ----------~--------~.- --.- .---- -- - ----- _ •• 2..---l-..L __ ! -f

LEGAL DESCRIPTION FOR EASEMENT 24'

Beginning al1l5urvey conttol point iii the Ward Of Oilnynctin; said point being Il bntss disk set in concrete;. Said point also knowll us'DELVIS' and having a northing of796646,7678 and nn ensting ot'927749.89G2 noted as the Point of Beginl!ing on Ihe plot Inbaled "UNITED STATES GOVERNMENT PROPERTY FORMER NAVAL STATION ROOSEVBLT ROADS BASEMENT 24". Thence S25°06'47"E 5671.51' to an irclR rod set, (he True Point of Beginning, having Il northing 0[79151 1.;3 792 and all oasting of 930156.9139::

ThenceS 18"JO'36"W 166.08" to n point not self Tlicncl! N71"29'Z4"W 87.49' to 11 point not set; Thence following it curve to a point not sel; with along chord of 395.0 I', a chord bearing of N49!>3g'14"W,

Radius" 530'.111' Arc=404.7.l'

Thence S64u5J'27"W 372.81' (0 It paint .not set:' Thence following a curve to npointnotsel; with a long chord of 132.IS', tl chord beuririgor N70"06'25"W,

Radius· 724.61' Arc=132.36'

Thence S75"20'24"W 301.47' to 11 point net set; Thence tbl/owing n curve. to lIepoint nol set; witb n l(lilgciJord of 167.79", II. chord beoring of S8S"W52"W; .

Radius .. 374.61' Arc'" I 69,22' ;),

Thence N78"46'40"W 162.48' to u point not set; ;~i ; Thence tbl!owingn curve to npoint not set; wilh u long chord of 157.98', a,cbord bearing of S37"18'43"1;

RadiuS!'" 374.39' Arc=159.IIl"

Thence.S49"29'3 I "E 57.39' to II point not set; Thence following acurvc to n point not sct; witl. 11 long chord of 155.14', It. chord benring of S.l8°U'41"B.

Radius.= 149.61" Arc-163.1 0"

Thence following iJ curve to EI point. not set; wltll nlong chord of 89, 12', a chord bearing. of SI9"22'19"W,

RadiuF399.61." Are""89.3/.-'·

Thence N31"21'1 O"W 56.21' la a point not set; Thence following a curve to a poinl not sat~ with. n long chord of 52.83', a chord bearing of N 17°17'33"I?, .

RildiiJsCo 350.39' Arc=52.8S'

Thence following. a curve to n point not sel; with n.long chord of ,04.10-','1\ chprd bearing of NllI"IS'41"W, .

Radius", 100,39' Arc"'!09.44'

ThenceN49"29'31"W 57.39' to n point not set; Thence following 11 curve to. n poinr- nol sel; with a long chord of 193. i 8", a chord bcnring of N36"1 S'43"W,

Rudius-423.tij' Arc=194.89'

TIlonee N23°07'54"W 41.33' to a point not set; TIlcnce N 11"13'20"8 32.22' to n point not set; Thence g.78~46'40"E 234.00' to 11 point not ·set;

,

.----.---.-~---.-----.---..•. -----.-... - .. ----.-.------- _._----_._._------------_._--_ ..... _ .• _"--.- --- , .• -------_ .. -._.- .. -_ .. _--

Thence following a curVe to u point not scI; wltb a Jong chord of 145.74" II chord beiITing Qf N88°16'S2"B, .

RadiuS"" 325.19' Arc=J46.9~~

Thence N7S~O'24"E 301.47' \0 a: point not !let~ nlenes following D curve to a point not setl with a long ehord of 123.20.', o. chord beating of" N70006'2S''B,

Radlus- 675.3.9' A rca I 23.37'

Thence N6¢'S2'27"g 422.09' to 11 point not set; Thence following a cnrve 10 II point not set; with' a.long chord of.40LS I:'; a'chord bearing of S'I6"SD-'3:4"E, ,.

RadiuS"" 4a1.39' Arc=4· 14.16'

'TIlence S71"29'-24"E 38.21' (0 n point not set; Thence N Iso30'36u E J 16.78' to n point not seli Thence 871 "29'24"E 41. I 5' to II poiilt not set; Thence fullowing.a curve to an iron rod' set, the Tflle Point of Beginnin3 wltti II long chord of 8.07'. II chord bearing ofS72"04'O&"E, '

Radius· 399.61' Arc=8.01'

Said parcel conlaining 112,J45's square. feet or.2.S79- acres" which equates to 10,437 .Jsqunre meters or 2.656 cllerdllS. .~

LEGAL DESCRIPTION EAsEMENT 25:

Beginning nt n survey control pOint. in the Wnrd of Quebradn Seca, said point being n brllss disk set in concrete; Said point also known liS 'DELICIAS' al)d having a northing 0(799143.8531 and an casting of. 927504.4901 noted liS the Point of Beginning on the pln.ILlbelcd "UNITED STATES GOVERNMENT PROPERTY FORMER. NAVAL STATION ROOSEVELT ROADS: EASEMENT 25''. Thence S5j046'40"W' J 154.24' 10 an iron rod set, the True Point of Beginning,. having a.northing of7~S67D.2992· lind nn costing of926451.8698:

Thence following a curve to a point not set with a long chord of 58.23', chord.bclll'ing.of 532·42'00"8

Rudius=370.48' Arc=58.29'

Thence foHowing n curve to n point not set witb It long chord of422.66', chord bearing of S69"24'OS'!W .

Rndius=320.39' Arc=46 1.54'

'nIence N71Q15 t 39"W 15.42' to nne iron rod set; Thence N21~18'SJ:"W 43.S7' 10 II point nol.set; Thence following a curve to Il paint not set with, II. long chord of41 8.4P, chord· ~ellring of N66G36'34"S

Rndius"'J69.6)' Arcc 444.76'

Thence Sl7"12'2S"E.17.52' to tin iron:rod.sllt the:l1'iia Point of Beginning.

SlIid parcel containing 22,596.3 square, feet or 0.5 19 of no IIcre, which equates lo.:2,{}99;jsqun.r~ meters or 0.534 of il cuardif. .' " "


Beginning nt n survey control point in the Ward of Dngl,lllo; said poine being a brass disk. set In concrete. Said point known as. "COLINA" nnd hllving 11 norllling of797036.8324 and on ellsti.ng of916304.600S noted as the Faint of Beginning on the plat l(lbeled "UN1TEO STATES GOVERNMENT PROPERTY FORMER NAVAL STATtON ROOSEVEL TROADS EASEMENT 26'''' Thence N67'S1'33"n 4952.(W to POINT fn6~JA. an Iro/l rOlhet,.thc Truo-, Poirit of.Begiiming.IiBving.1l nonhlng of798903.409S lind an casting of920892.0271:

Thence N01°56'34"E 730.47' to n point not set; Thence S83°S9'OO"E26.33' to a poInt nolset; Thence S06G01'OO"W 450.00' fO n pofj)tnot set; Thence N83G59'OQ"W 15.0(}~ to u. point not set; ThenceS06°DI'OO"W 341.39'10 0 point not set; TIlencc N85"23'18"W 41.58' to a point notae!; TIlcncc N 11°14'04"862.61' 10 II POINT Ij·26-3A, nn iron rod sct the Tnle Point of beginning.

Said parcel containing 26,3n.1 square reetor 0.605 ofnllllcre. which equates to 2450.2 squnro meters or 0.623 ofa cuerdil'.


Begiriniilg nt iI survey control point in (he Word' of Ouayacan) said point· being a l1rusll disk set In concrete. Said point also' known as 'DELICIAS' aad baYing· a norlhing of799143.8SJ7 nnd Dn casting (If 9275{)4.4901 noted lIS the Point of Beginning' on the pint Inbeled"UNJTEO STATES GOVERNMENT PR.OPERTY FORMER NAVAL-STATION ROOSEVELT ROADS EASEMENT27". Thence N67"33"2!)"E 3915.91' to Dn iron rod set, Ule True Point {If Beginning, llOving II northing of 800642.5529 and an cDsling· of 93 I I 33.!)789:. .

. Thence N74"40~2i"W I I f .I2~ 10 a poitlt nol set;. Thence following.11 curve to n point nof set with a fong chord of 408.3.7'. chord benring of N6S"{W2S"W

RadiuF 1224.61;' Arc=410;2&'

Thence NSso28'36"W J08.63' to a point natae!;, Thence following Bcurve to n point nolset with a long chord of23!),53', chilrdbearlng of N32OJ3'46"W .

Rndius=307,61' Ar~46.04:·

Thence N09°3 8' 56"W 228.13' to n point not set; 1llence N04°39'23"W 211,78~ to a point not set; 111ence following II curve to it point nol set with II long chord' of 226,29' , chord bearing of N 18°40' 54"E .

Radius .. m,61' ,l Arc=232.67' .:~ '.

111ence N42°0t')i"E IOS.61' to a point not set; 'nlence.following a c\lrve to !Ipoint nol set with n Iimg chord of 161.10'; cliord bearing of NlsoSS'46"E .

Radius""20S.39' Al'c-165.5S'

Thence N04°09'40"W 140.27' fa n point not set; Thence following 11 curvetoD point not set wltha long cJl0rd or 166.96', chord benring of N 14°16'29"W

Radlus-415.39' Arc-167,8Y

Thence following n clIrve 10 a point not set with-a long chord. of 49.52'; chord bearing of' N04°54'08"W

Radius"14.22 • Arc;=SOAS'

Thence N 14"35'03"E &9.02' to II painl not set: Thence following n curve .to 1\ P9int not set with a, long \lhord of 61.93' I chord bearing of N67"13 '22"a:

RUllius"263.00~ Arc=62.07'

Thence S 14°3S'03"W 126,60' to a point not set; 111ence following a curve to n point not set with II long chord of 16.6&', clwrd bearing of S04°S4'08"E

ltl\dnls~2S.00· Art" 17.00'

'Olence following n curve to it point nolsel with n long chord of 184,25:', chord'bcaringof S14u 16'29"1!

Rudiu5"'S24.6 .. Arc""ISS.21'

Thence S04°09·'40"r: 1.<10.27; to Q point 1I0lset;

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

111encc: fallowing Il CUIVcto n point not set witltlliong chord of 199.7}', chord bearing of Slsc5S'46"W

.lUldiliS=2S4.61'· Arc"'20S.22'

111cncc: S4;2°0J' I j"w 105.61' fa Ii paint oat $c'~ 11ieoce. foltowingll.cuIVe to a point nol sct with Q long chord of 187~29', chord bearing of S.1&u40' 54"W

Radius=236.39! Arc""l92;SS' .

Thence S04°3!}.'2J'~B 2 I S:li4 , to a point not l!eli Thence 809°3 It' 56"E 225.98' tq a point not set; Thence folTowing.a Cl1rve to a pointnol sat witb a [ong chord of201;21', chord benring of S32"33'46"E

Radius=Z58.39' Arc=205.67'

Thence 855°2&'36"8 108.6:1' to a point not set; Thence tollowing Il curve to a paint not sct with II long chord of 39 f .95', chord bearing of S65°04'28"E .

R!ldiu!l""111$.39~ Arc-J93.79'

Thence 574°40'21"£ 116.04' lou pointnotset; TIlence S19°59'21"W 12.83' to II point not ~et; Thence foHowing.1l curve to nn iron rod. set, the True Point of Beginning with nlonl!r.citord of 36.64', chord bearing of S21"23'4S"W ,1

Radius"'746.21' Arc=36~64'

Said porcel containing. HO,992. f squnre feet or 2.54& neres, which equates to 10,311.5 sqllnre meters or 2'.624 cuerdll3i

._.P ........................... _._ ................ _ ... __ .... __ ............. __ . ·M .. ·•· .... · .. ·

LEGAL DESCRIPTION EASEMENT 28'

Beginning nlll survey control point in the Ward of OUllyacl1ll. said point being II brnss disk sct in concrete, Said point also known aJ 'DOGt and bnving' a northing of 805443.8964 Dnd nn casting of91311 0.4735 noted as the Point of Beginning' on the plat Illbeled "UNITED STATES GOVER.NMENT PROPERTY FORMER. NAVAL STATION ROOSEVELT ROADS EASEMENT 28". 111cilce S80032'06''W 1455.73' to an iron rod sci, tbe True Pofnt'of Beginning, huving n nI)l1i1ing.of 805204.S081nlld nn unsling of 93 1 674.562Dr

Thencc:S02D46'2T'1! 399;73' to nn iron.rod scI;. Thence S23D3S·04"W247.75' to nn iron rod set;. Thence S 19°01'22"W' 388.54' to a.MAG nail: set~ Thence S29~S7'1 O"W 290.23' to nn iran rod SCI; Themc\! S32P49'j3"W 712.89' to nn iron rod SCI; Thence S32Q37'31"W 558.73' to fl point not acl; Thence following a curve to Q point not setwitb a long chordo£ 107.57', chord bearing of N63°04'l91'W .

Rtldius~263 .• 00' Arc'" I 08.33'

TIlcncaN32Q37'11"B 1500.73'10 it point not sel; 'nlcnc" N2J.°3I'21"E 641.58,' 10 n.point nol sct; Thence N02Q46'27"W368.63' to an iron rod set:. Thence N71 °OS'07"E } 14.48' to nil iron rod set., Ille True Point ofI3eginning ..

. :~;.~ ~. SaId pureel contnining 268,631.5 squnr.e feel or 6.170 acres, which equates to 24,956.!r ~qunre' meters or 6,350 Cuerdas.

4816-8251-5731.1

Exhibit "D"

FINDING OF SUITABILITY TO TRANSFER FORSALEPARCELII-CAPEHART

FINDING OF SUITABILITY TO TRANSFER

SALE PARCEL II - CAPEHART

NAVAL ACTIVITY PUERTO RICO CEIBA, PUERTO RICO

Prepared by:

Department of the Navy Base Realignment and Closure

Program Management Office Southeast 4130 Faber Place Drive, Suite 202

North Charleston, South Carolina 29405

December 2007

SECTION

FINDING OF SUITABILITY TO TRANSFER SALE PARCEL II - CAPEHART

NAVAL ACTIVITY PUERTO RICO

TABLE OF CONTENTS

1.0 PURPOSE ........................................................................................................................................ 1

2.0 DESCRIPTION OF PROPERTY ...................................................................................................... 1

3.0 PAST USE AND PROPOSED REUSE ........................................................................................... 2

4.0 ENVIRONMENTAL FINDINGS ....................................................................................................... 3 A. Hazardous Substance Contamination ................................................................................ 3 B. Petroleum Contamination ................................................................................................... 3 C. Condition of Property Classification .................................................................................... 4 D. Other Environmental Aspects ............................................................................................. 4

5.0 REQUIREMENTS APPLICABLE TO PROPERTY TRANSFER .................................................... 8 A. NEPA Compliance .............................................................................................................. 8 B. Hazardous Substance Notice ............................................................................................. 9 C. CERCLA Covenant ............................................................................................................. 9 D. CERCLA Access Clause ..................................................................................................... 9 E. Land and Groundwater Restrictions ................................................................................... 9 F. Environmental Compliance Agreements / Permits / Orders ............................................... 9 G. Notification to Regulatory Agencies / Public ..................................................................... 10

6.0 SUITABILITY DETERMINATION .................................................................................................. 10

EXHIBITS

A References B Vicinity Map C Parcel Maps D Survey Map E Tables F CERFA Concurrence G Asbestos Inspection Reports and Lead-Based Paint Inspection/Risk Assessment Report H Lead-Based Paint Hazards Advisory Statement I Responses to Comments

100702/P December 2007

FINDING OF SUITABILITY TO TRANSFER SALE PARCEL 11- CAPEHART


1.0 PURPOSE

This Finding of Suitability to Transfer (FOST) summarizes how the requirements and notifications

for hazardous substances, petroleum products, and other regulated material on the property have

been satisfied, and documents my determination, as the responsible Department of Defense

(000) component official, that certain real property and associated improvements known as Sale

Parcel II - Capehart (Subject Property) at Naval Activity Puerto Rico (NAPR), Ceiba, Puerto Rico,

are environmentally suitable for deed transfer. This decision is based primarily on my review of

information contained in two of the documents listed in Exhibit A (References) - CERFA

Identification of Uncontaminated Property, Former Naval Station Roosevelt Roads, Puerto Rico

(the CERFA Report; Navy, 2006b), and Phase 1111 Environmental Condition of Property Report,

Former Naval Station Roosevelt Roads, Ceiba, Puerto Rico (the ECP Report; Navy, 2005).

Factors leading to this decision and other pertinent information related to property transfer

requirements are stated below.

2.0 DESCRIPTION OF PROPERTY

100702/P

NAPR was formerly known as Naval Station Roosevelt Roads (NSRR) until it ceased operation

as an active Naval Station on March 31, 2004, at which point it was designated NAPR to serve as

the caretaker of the real property associated with NSRR and to assist in the transfer of the

property. NAPR is located on the east coast of Puerto Rico adjacent to the municipality of

Ceiba. The Subject Property consists of approximately 495 acres located in the southeast

section of the installation, and is primarily comprised of residential neighborhoods. Additional

facilities include a high school, community center, medical clinics, storage buildings and various

recreational facilities. Exhibits B, C, and 0 provide a vicinity map, parcel maps from the Draft

Report, Parcel Map for the Disposal of Naval Activity Puerto Rico (GMI, 2005), and a boundary

survey map, respectively. The Subject Property is comprised of Sub-Parcels 8, 10, 14, 15 and

16, as shown in Exhibit C.

Seven of the eight former NSRR housing communities are located on the Subject Property. The

Final Asbestos Inspection Report for Military FamilY Housing, Naval Activity Puerto Rico, Ceiba,

Puerto Rico (Baker, 2005a) provides the following information for these housing areas:

December 2007



• Algodones - 2, 3, and 4-Bedroom (BR) Apartment Style Units; constructed 1960; renovated 1991

• Caribe Breeze - 2, 3, and 4-BR Duplex Units; constructed 1974; renovated 2001-2003

• Cascajo Point - 2, 3, and 4-BR Single Family Houses; constructed 1960; renovated 1998-2001

• Coast Guard - 3 and 4-BR Single Family Houses; constructed 1960; renovated 1989-1992

• FDR Drive - 3-BR Single Family Houses; constructed 1960; renovated 1999-2000

• Manatee Bay - 2, 3, and 4-BR Single Family Houses; constructed 1960; renovated 2001-2003

• Mangrove Manor - 2, 3, and 4-BR Single Family Houses; constructed 1960; renovated 1989-1992

The housing units are concrete-framed buildings with concrete or ceramic exterior finishes.

Interior walls are painted gypsum board and concrete. In addition to the housing units described

above, there are approximately 46 other numbered buildings, structures, and facilities on the

Subject Property (not including multiple pavilions at Community Beach). Table 1 (Exhibit E)

provides their facility number, former user, name or description, area, and year of construction.

3. PAST USE AND PROPOSED REUSE

100702/P

The Subject Property has been used as a military installation since its acquisition and

development by the Navy in the 1940s. The Environmental Condition of Property (ECP) Report

states that most of the arable land on what is now NAPR was previously used for sugar cane

cultivation and cattle grazing. No significant industrial facilities or environmental concerns were

identified with respect to activities conducted on the former NSRR prior to Navy ownership. The

Navy has used the Subject Property for residential and ancillary purposes only.

The Naval Station Roosevelt Roads Reuse Plan (CBRE et ai, 2004) developed by the Puerto

Rico Department of Economic Development and Commerce (acting as the Local Redevelopment

Authority) anticipates future use of the Subject Property as residential with ancillary uses

including reuse of the high school and gymnasium. The Subject Property will be sold via public

auction to the highest qualified bidder.

2 December 2007



4. ENVIRONMENTAL FINDINGS

100702/P

All available information concerning the past storage, release, or disposal of hazardous

substances and/or petroleum products on NAPR, as collected through record searches, aerial

photographs, personnel interviews, and on-site visual inspections, is contained in the ECP

Report. The following summarizes the findings as they relate to the Subject Property and the

corresponding Condition of Property Classification assigned to the real property to be transferred.

A. Hazardous Substance Contamination

There is nothing in the records that indicates any hazardous substance has been released or

disposed of on the Subject Property, and the ECP investigation did not discover any radioactive

materials at the medical clinics, nor any environmental issues associated with medical waste.

There was once a satellite hazardous waste accumulation area for lab packs associated with

Building 2200 (High School). The storage area was no longer in use at the time of the ECP

inspection.

B. Petroleum Contamination

According to the ECP Report, there was one underground storage tank (UST) formerly located on

the Subject Property. UST 1513 was a 280-gallon diesel fuel tank associated with Building 1513,

a sewage lift station. The UST was removed in August 1996, as shown on Table 2 in Exhibit E.

The ECP Report also documented three operational aboveground storage tanks (ASTs) used for

storage of diesel fuel for sewage lift station standby generators on the Subject Property. One of

these, AST 1972, replaced UST 1513. These ASTs are also listed in Table 2. According to the

ECP Report, any contaminated soils identified during past replacement of tanks were excavated

and disposed of off NSRR property, and the replaced tanks were closed in accordance with Title

40 Code of Federal Regulations (CFR) Part 280. The records do not indicate there have been

any spills or releases associated with UST 1513 or the ASTs on the Subject Property, nor any

other releases or instances of disposal of petroleum products or their derivatives.

C. Condition of Property Classification

The ECP Report divided all property at NAPR into parcels, and classified them into one of the

three following categories:

3 December 2007

100702/P

FINDING OF SUITABILITY TO TRANSFER SALE PARCEL" - CAPEHART


• Category 1 - Areas where no known or documented releases, or disposal of hazardous substances or petroleum products or their derivatives has occurred, including no migration of these substances from adjacent areas.

• Category 2 - Areas where the release, disposal, or migration, or some combination thereof, of hazardous substances, or petroleum products or their derivatives has occurred, but at concentrations that do not require a removal or remedial action, or all remedial actions necessary to protect human health and the environment have been taken.

• Category 3 - Areas where a confirmed or suspected release, disposal, or migration, or some combination thereof, of hazardous substances, or petroleum products or their derivatives has occurred, but required investigation and/or response actions have not yet been initiated or are ongoing.

These categories are derived from the Comprehensive Environmental Response, Compensation,

and Liability Act (CERCLA), the Community Environmental Response Facilitation Act (CERFA)

and the American Society for Testing and Materials (ASTM) Standard Practice for Conducting

Environmental Baseline Surveys (ASTM Standard D 6008-96), which further incorporates ASTM

D 5746-98 (2002) Standard Classification of Environmental Condition of Property Area Types for

Defense Base Closure and Realignment Facilities.

CERFA stipulates that the federal government must identify "uncontaminated property" scheduled

for transfer, and defines this as " ... real property on which no hazardous substances and no

petroleum products or their derivatives were known to have been released, or disposed of'

[(Section 9620(h)(4)(A)]. In accordance with the property condition classification guidelines

discussed above, the Navy classified the Subject Property as Category 1 uncontaminated

property. Following its review of the CERFA Report, the Puerto Rico Environmental Quality

Board (EQB) concurred with this classification and provided a concurrence statement (Exhibit F)

in the Final CERFA Report on 11 August 2006.

D. Other Environmental Aspects

1. Munitions and Explosives of Concern

The records do not indicate ordnance handling, storage, or disposal activities have ever

been conducted on the Subject Property.

4 December 2007

100702/P



2. Asbestos-Containing Materials

An asbestos-containing material (ACM) inspection of military family housing in the eight

NAPR residential communities was performed in January and February 2005 in

anticipation of property transfer. According to the June 2005 Final Asbestos Inspection

Report for Militarv Family Housing. Naval Activity Puerto Rico, Ceiba, Puerto Rico (Baker,

2005a), NAPR housing was reportedly constructed between 1960 and 1975. Twenty

seven of the housing units in the Manatee Bay community are of original construction and

the remaining 935 NAPR units were renovated to varying degrees beginning in 1989.

Renovation of some of the units included removal of ACM.

While ACM was identified in all of the residential communities on the Subject Property, no

friable, accessible, and damaged (FAD) ACM hazards were identified in the housing units

that were inspected. Not all units in NAPR housing were inspected. Instead, a

representative number of units were inspected in each housing community. Detailed

information about the units inspected and the materials identified and sampled during the

asbestos inspection, including summary tables, location drawings, photographs and

laboratory reports is included in the report. The report text (without appendices) is

included in Exhibit G of this FOST.

According to the June 2005 Final Asbestos Inspection Report for Naval Activitv Puerto

Rico, Ceiba, Puerto Rico (Baker, 2005b), ACM was identified in 6 of the 26 non-housing

facilities inspected on the Subject Property, as summarized in Table 3 of Exhibit E. No

FAD ACM hazards were identified in any of the facilities. Detailed information about the

materials identified and sampled during the asbestos inspection, including summary

tables, location drawings, photographs and laboratory reports, is included in the report.

The report text (without appendices) is included in Exhibit G of this FOST.

If renovation of housing units is scheduled following transfer, a more comprehensive

ACM inspection should be conducted to attempt to identify hidden ACM (e.g., behind

walls, above ceilings, etc.) that would not have been identified during the non-destructive,

baseline asbestos study. Furthermore, the possibility remains for the presence of

undiscovered ACM associated with underground utilities and miscellaneous building

materials at NAPR. While this potential ACM does not pose a hazard to site users, future

demolition and/or subsurface work performed by the transferee could result in FAD ACM

5 December 2007

100702/P



hazards. Thus, the transferee will be required to use best management practices during

any future renovation/demolition activities or underground utility work, and to comply with

all applicable laws relating to ACM management in order to ensure future protection of

human health and the environment.

3. Lead-Based Paint

A lead-based paint (LBP) inspection and risk assessment of military family housing at

NAPR was performed in conjunction with the ACM inspection described above.

According to the June 2005 Final Lead-Based Paint Inspection/Risk Assessment Report

for Military Family Housing. Naval Activity Puerto Rico. Ceiba. Puerto Rico (Baker,

2005c), NAPR housing was reportedly constructed between 1960 and 1975. Twenty

seven of the housing units in the Manatee Bay community are of original construction and

the remaining 935 NAPR units were renovated to varying degrees beginning in 1989.

Renovation of some of the units included removal of LBP.

In accordance with U.S. Department of Housing and Urban Development regulations, the

Navy is required to inspect and assess NAPR housing for LBP and LBP hazards and

disclose the results to the next owner. Because the housing units were constructed in

1960 and later, LBP hazards are not required to be abated before the sale of the

properties. LBP hazards were identified in the Algodones, Coast Guard, Manatee Bay,

and Mangrove Manor housing communities only, and included deteriorated LBP on

various components and slightly elevated lead in dust on floors. Hazards related to

friction surfaces, impact surfaces, chewable surfaces, and soil were not identified in these

communities. No LBP hazard of any type was identified in the Caribe Breeze, Cascajo

Point, or FOR Drive communities. Not all units in NAPR housing were inspected.

Instead, a representative number of units were inspected in each housing community.

Detailed information about the inspection and risk assessment methodologies, units

inspected and the materials identified and sampled during the LBP inspection, including

summary tables, location drawings, photographs, laboratory reports, and LBP control

options is included in the report. (Baker, 2005c) The report text (without appendices) is

included in Exhibit G of this FOST.

6 December 2007

100702/P



The NAPR facilities list (Exhibit E, Table 1) indicates the majority of the non-housing

buildings, structures and facilities on the Subject Property were constructed prior to 1978,

the year in which LBP was banned for consumer use. These facilities, which were not

included in the military family housing LBP survey, and any others built before 1978 are

presumed to contain LBP.

A Lead-Based Paint Hazards Advisory Statement, Exhibit H to this FOST, will be

provided to the transferee for execution at the time of transfer.

4. Polychlorinated Biphenyls

Only one polychlorinated biphenyl (PCB) containing-transformer remains at NAPR. The

transformer, located in Building 386, is not on the Subject Property. All other PCB

contaminated transformers and equipment were removed from the former NSRR prior to

1998. Due to the age of the majority of facilities and the size of the station, it is possible

that PCB-contaminated fluorescent light ballasts and other minor PCB sources may be

present on NAPR. There is nothing in the records to indicate PCBs were ever stored or

disposed of on the Subject Property.

5. Radon

According to the U.S. Geological Survey Open-File Report 93-292-K, Preliminary

Geologic Radon Potential Assessment of Puerto Rico (USGS, 1993), the Commonwealth

of Puerto Rico exhibits generally low indoor radon levels, and a survey of radon

concentrations of offices, housing units, schools and other buildings was conducted by

the DoD between 1989 and 1992 on federal military reservations in Puerto Rico,

including the former NSRR. Indoor radon levels ranged from 0.0 to 1.9 picoCuries/Liter

(pCi/L), well below the current U.S. Environmental Protection Agency (EPA) residential

indoor radon screening action level of 4 piC/L. The majority of the reservations, including

NAPR, are situated on coastal plains, so the low indoor radon levels were not

unexpected.

7 December 2007



6. Threatened and Endangered Species

As shown on the individual parcel maps in Exhibit C, both sea turtle habitat and breeding

habitat and nesting/foraging palms for the endangered yellow-shouldered blackbird have

been identified on the Subject Property. The Commonwealth of Puerto Rico has

committed to zone the property in a manner that will implement the planning,

development, maintenance, mitigation and use requirements described on the parcel

maps.

In accordance with the Endangered Species Act, the Navy developed a Biological

Assessment (BA) for the former NSRR in 2006 to assess the potential impact on any

federally protected species from the disposal of NSRR. Given the protection measures

addressed in detail in the Biological Assessment for the Disposal of Naval Station

Roosevelt Roads/Naval Activitv Puerto Rico Final Report (Navy, 2006a), the Navy has

determined that the disposal of the former NSRR and transfer of the property to future

owners is not likely to adversely affect federally-listed species and would not result in

adverse modification of designated critical habitat within the project area. The U.S. Fish

and Wildlife Service concurred with this determination in a letter dated April 7, 2006.

5.0 REQUIREMENTS APPLICABLE TO PROPERTY TRANSFER

100702/P

A. NEPA Compliance

In accordance with National Environmental Policy Act (NEPA) requirements, an Environmental

Assessment and Finding of No Significant Impact (FONSI) have been prepared and executed in

connection with the planned disposal and reuse of NAPR. The FONSI was signed on April 10,

2007.

B. Hazardous Substance Notice

In accordance with Section 120(h)(3)(A)(i) of CERCLA, all deeds transferring federal property

must provide notice as to those hazardous sUbstances which it is known, based on a complete

search of agency files, were stored for one year or more, released or disposed on the Subject

Property in excess of those reportable quantities specified under Title 40 CFR Part 373, and all

response actions taken to date to address any such releases or disposals. No hazardous

8 December 2007

100702/P



substances are known to have been stored or released on the Subject Property in excess of their

respective reportable quantities, thus, no deed notice is required in this instance.

C. CERCLA Covenant

In accordance with CERCLA Section 120(h)(4)(D)(i), the deed transferring the Subject Property

shall contain a covenant warranting that any response action or corrective action found to be

necessary after the date of transfer shall be conducted by the United States.

D. CERCLA Access Clause

In accordance with CERCLA Section 120(h)(4)(D)(ii), the deed transferring the Subject Property

shall contain a clause granting to the United States, its officers, agents, employees, contractors,

and subcontractors the right to enter upon the transferred property in any case that remedial or

corrective action is found to be necessary after the date of transfer. The right to enter to be set

forth shall include the right to conduct annual physical inspections, tests, investigations, long term

monitoring, 5-year reviews, and surveys, including, where necessary, drilling, test pitting, boring,

and other similar activities. Such right shall also include the right to construct, operate, maintain,

or undertake any other response or remedial action as required or necessary, including, but not

limited to, monitoring wells, pumping wells, and treatment facilities. The United States retains the

authority to enter to conduct investigations on adjacent parcels as well as the parcel subject to

the transfer. These access rights are in addition to those granted to Federal, state, and local

authorities under applicable environmental laws and regulations.

E. Land and Groundwater Restrictions

The Navy will transfer all of the Subject Property without restrictions.

F. Environmental Compliance Agreements I Permits I Orders

On January 29, 2007, the U.S. Department of the Navy and EPA voluntarily entered into a

Resource Conservation and Recovery Act (RCRA) Section 7003 Administrative Order on

Consent (Consent Order; EPA, 2007). The Consent Order set out the Navy's RCRA corrective

action obligations and replaced the 1994 RCRA permit as the document memorializing these

obligations concerning NAPR. Although there are no RCRA solid waste management units or

9 December 2007



areas of concern on the Subject Property, certain RCRA obligations defined in the Consent Order

apply to the Subject Property including notification and additional work requirements for newly

discovered releases, other notification requirements, and record retention requirements. There

are no other environmental compliance agreements, permits, or orders associated with the

Subject Property.

G. Notification to Regulatory Agencies I Public

In accordance with DoD guidance, EPA Region 2 and the Puerto Rico EQB have been advised of

the proposed transfer of the Subject Property, and copies of the ECP Report and Draft FaST

were provided to those agencies for review and comment. Two comments were received from

EPA. Those comments and Navy responses are provided in Exhibit I. The ECP Report was

made available for public review upon finalization. Copies of all transfer documentation will be

made available to EPA and EQB representatives upon request after execution of the same.

6.0 SUITABILITY DETERMINATION

100702lP

NOW THEREFORE, based on my review of the information contained in this FaST and in the

ECP and CERFA Reports, I have determined that the Subject Property is presently suitable for

deed transfer for unrestricted reuse.

Date ~ ,

10

ctor BRAC Program Management Office Southeast North Charleston, South Carolina

December 2007

Exhibit A

References



REFERENCES

Baker,2005a. (Michael Baker Jr., Inc.) Final Asbestos Inspection Report for Military Family Housing,

Naval Activity Puerto Rico, Ceiba, Puerto Rico. Moon Township, Pennsylvania. June 2005.

Baker, 2005b. (Michael Baker Jr., Inc.) Final Asbestos Inspection Report for Naval Activity Puerto

Rico, Ceiba, Puerto Rico. Moon Township, Pennsylvania. June 2005.

Baker,2005c. (Michael Baker Jr., Inc.) Final Lead-Base Paint Inspection/Risk Assessment Report for

Military Family Housing, Naval Activity Puerto Rico, Ceiba, Puerto Rico. Moon Township,

Pennsylvania. June 2005.

CBRE et ai, 2004. (CB Richard Ellis Consulting, Cooper Robertson & Parnters, Moffatt & Nichol,

Puerto Rico Management & Economic Consultants, Inc.) Naval Station Roosevelt Roads Reuse Plan.

December 2004.

EPA, 2007. (U.S. Environmental Protection Agency) RCRA § 7003 Administrative Order on Consent,

In the Matter of United States, The Department of the Navy, Naval Activity Puerto Rico, formerly Naval

Station Roosevelt Roads, Puerto Rico, EPA Docket No. RCRA-02-2007-7301. January 2007.

GMI, 2005. (Geo-Marine, Inc.) Draft Report, Parcel Map for the Disposal of Naval Activity Puerto

Rico. Hampton, Virginia. September 2005.

Navy, 2005. (Naval Facilities Engineering Command Atlantic) Phase 1/11 Environmental Condition of

Property Report, Former U.S. Naval Station Roosevelt Roads, Ceiba, Puerto Rico. Norfolk, Virginia.

July 15, 2005.

Navy, 2006a. (Naval Facilities Engineering Command Atlantic). Biological Assessment for the

Disposal of Naval Station Roosevelt Roads/Naval Activity Puerto Rico Final Report. Norfolk, Virginia.

January 2006.

Navy, 2006b. (Department of the Navy, Base Realignment and Closure Program Management Office

Southeast) CERFA Identification of Uncontaminated Property, Former Naval Station Roosevelt Roads,

Puerto Rico. North Charleston, South Carolina, April 27, 2006.

USGS, 1993. (U.S. Geological Survey) Open File Report 93-292-K, Preliminary Geologic Radon

Potential Assessment of Puerto Rico. 1993.

1

Exhibit B

Vicinity Map

DRAWN BY

S.STRDZ

CHECKED BY

L,ANDERSON

COST/SCHEDULE..AREA

o

DATE

SALE PARCEL II


CEIBA, PUERTO RICO

P;\GIS\NA_PUERTORICO\MAPDOCS\APR\EARL Y _ TRANSFER_PROPERTY.APR\ PARCEL II FOST VINCINITY LAYOUT 10/08107 58

APPROVED BY

APPROVED BY

DRAWING NO.

~

CONTRACT NUMBER 0043

DATE

DATE

N

REV o

Exhibit C

Parcel Maps

Parcel Map for the Disposal of Naval Activity Puerto Rico

THREATENED AND ENDANGERED SPECIES CONSERVATION MEASURES-PARCEL 8

Common Name-Sale Conveyance-Sale Neighboring Parcel(s)-5, 6, 7, 9, 13-16

Yellow-shouldered Blackbird

GENERAL REQUIREMENTS

• No development is allowed in Parcel 5, 7, 9, and 13 (Conservation).

• All development related activities (new construction, ground clearing, demolitionlremodeling) adjacent to conservation parcels (5,7,9, and 13) should occur between September 1 and March 15 (non-breeding season) or be restricted to an area 50 m from the conservation parcel boundary from March 15-August 30 (breeding season).

• Notify U.S. Fish and Wildlife Service (USFWS) if a yellow-shouldered blackbird nest is found anywhere on the property (787-851-7297).

• Pesticide and herbicide applications must follow Commonwealth of Puerto Rico regulations.

Activity Conservation Measures

Development Planning

Demolition/Remodeling

Grounds Maintenance

Building Maintenance

General Operations

Property Sale/Lease


Save as many existing on site palms and trees as possible in new development plans.

Schedule activity from September 1 through March 14 or conduct outdoor survey of bui/ding(s) (ledges, etc.) and nearby trees (within 50 m of the building) for yellow-shouldered blackbird nests prior to start date if the activity is scheduled to occur between March 15 and August 30. Consult with USFWS if a yellow-shouldered blackbird nest is found.

No trimming or cutting of palms and trees between March 15 and August 30 except in an emergency (Le., downed trees and palms from storms).

Check for yellow-shouldered blackbird nests prior to any outdoor building maintenance activities between March 15 and August 30. Determine identity of any bird nest found. Notify and consult with USFWS if a yellow-shouldered blackbird nest is found.

Before moving parked outdoor equipment (e.g., light cars, carts, vehicles) check for yellow-shouldered blackbird nests (March 15-August 30). Notify USFWS if a yellow-shouldered blackbird nest is located.

Notify buyer/lessee of all mitigation requirements (see above) and include mitigation with all legal documents.

Sea Turtle

• Consult with USFWS and Puerto Rico Department of Environmental Resources (DNER) on all beach use plans and permit requirements.

• Notify USFWS if you observe an injured or dead turtle anywhere on the property (787-851-7297).


Parcel Index 8-1


Activity

Beach Development/Use


Conservation Measures

Implement all USFWS and Puerto Rico DNER lighting standards/requirements (includes parcels bordering the nesting area) and USFWS/ Puerto Rico DNER precautionary measures for sea turtles before, during, and after development activities.

Establish a 50 m buffer zone between any developed or undeveloped site and the land edge of a sea turtle nesting beach.

Cobana Negra

• Consult with USFWS regarding any recreational development plans (e.g., hiking trails) in Parcel 5.

NOTICE:

Consult with the U.S. Fish and Wildlife Service if you have any questions on the conservation measures. Property owners that cannot adhere to the conservation measures must consult with the U.S. Fish and Wildlife Service to seek a Section 10.0 permit for authorization to modify the identified critical habitat. Failure to comply with the identified conservation measures violates Section 9.0 and/or Section 10.0 of the Endangered Species Act. The U.S. Fish and Wildlife Service has the authority to prosecute violations under the Endangered Species Act.

Parcel Index 8-2

This page intentionally left blank


Parcel Index 8-3


Parcel Index 8 Common Name: Safe Conveyance: Safe Neighboring Parce/(s): 5,6, 7,9,

13-16

Parcel Index 8-4

Legend '0~~:) Parcel o Neighboring Parcel ~(lUf'ld,Qtles

Sea iurtIe HabItat Yellow-shouldered Blackbird

., lolestlng/Fol'3g1ng Palms.

il')lEJ.""ng Habib,

N W+E S

August 18; 2005

1 inch equals 678 Fee!

o 500 1.000 ........ ~========3IF~1

Threatened and Endangered

Parcel Index 8 Common Name: Sale Conveyance: Safe Neighboring Parce/(s); 5, 6, 7,9,

13-16

Installation Restoration

Legend '000:0' Parcel o Neighbonng Parcel BoUndaries Cleanup Status

Complete with land Use Controls CJComplete CJ Cleanup RemaIning

N W+E


August 18, 2005

1 inch equals 678 Feet

S 0 500 1,000 ........ ~======~IF~!

Parcel Index 8-5



Common Name-Sale Conveyance-Sale Neighboring Parcel(s)-11, 12, 13



• No development is allowed in Parcel 11 , 12 and 13 (Conservation).

• All development related activities (new construction, ground clearing, demolition/remodeling) adjacent to conservation parcels (11, 12, and 13) between September 1 and March 15 (nonbreeding season) or be restricted to an area 50 m from the conservation parcel boundary from March 15-August 30 (breeding season).

• Notify USFWS if a yellow-shouldered blackbird nest is found anywhere on the property (787-851-7297).



Development Planning Save as many existing on site palms and trees as possible in new development plans.

New Construction/Clearing If undeveloped yellow-shouldered blackbird habitat is proposed for clearing consult with the USFWS a minimum of one year prior to planned project initiation.

Demolition/Remodeling Schedule activity from September 1 through March 14 or conduct outdoor survey of building(s) (ledges, etc.) and nearby trees (within 50 m of the building) for yellow-shouldered blackbird nests prior to start date if the activity is scheduled to occur between March 15 and August 30. Consult with USFWS if a yellow-shouldered blackbird nest is found.

Grounds Maintenance No trimming or cutting of palms and trees between March 15 and August 30 except in an emergency (Le., downed trees and palms from storms).

General Operations Before moving check moveable outdoor equipment (e.g., carts, vehicles) for yellow-shouldered blackbird nests from March 15-August 30. Notify USFWS if a yellow-shouldered blackbird nest is located.

Property Sale/Lease Notify buyer/lessee of all mitigation requirements (see above) and include mitigation with all legal documents.

Sea Turtle


• Consult with U.S. Fish and Wildlife Service (USFWS) and Puerto Rico Department of Environmental Resources (DNER) on all beach use plans and permit requirements.

• Notify USFWS if you observe an injured or dead turtle anywhere on the property (787-851-7297).


Parcel Index 10-1


Activity

Beach Development/Use

NOTICE:

Conservation Measures

Implement all USFWS and Puerto Rico DNER lighting standards/requirements (includes parcels bordering the nesting area).

Implement USFWS/ Puerto Rico DNER precautionary measures for sea turtles before, during, and after development activities.

Establish a 50 m buffer zone between any developed or undeveloped site and the land edge of the sea turtle nesting beach.


Parce/Index 10-2

This page intentionally left blank


Parcel Index 10-3


Parcel Index 10 Common Name: Safe Conveyance: Sale Neighboring Parce/(s): 11, 12, 13

Parcel Index 10-4

Legend L ~~ ,.~ Pa.rc-et Cl Neighboring Plircel Boundaries

Sea TunIc Habitat

Yellow-shouldered Blackbird .. NestlngfForaging ?alms-

17..li eteeOJr.g H."",'

August 18, 2005

linch equals 496 Feel

a 325 650 ...... ~======~IFoot


Parcel Index 10 Common Name: Sale Conveyance: Safe Neighboring Parcel(s}: 11, 12, 13


Legend """"~ Parcel o Neighbormg Parcel Boundan"" Cleanup Status:

Complete with Land Use Controls o Complete o Cleanup Remaining


AugusI18.2005

1 Inch equals 496 Feet

o 325 650 ........ ~====~IF~I

Parcel Index 10-5



Common Name-Sale Conveyance-Sale Neighboring Parcel(s)-8, 13, 15, 16



• No development is allowed in Parcel 13 and 16 (Conservation).

• All development related activities (new construction, ground clearing, demolitionlremodeling) adjacent to conservation parcel 13 and 16 should occur between September 1 and March 15 (non-breeding season) or be restricted to an area 50 m from the parcel boundary from March 15-August 30 (breeding season).






Grounds Maintenance


General Operations

Property Sale/Lease

NOTICE:


Schedule activity from September 1 through March 14 or conduct outdoor survey of building(s) (ledges, etc.) and nearby trees (within 50 m of the building) for yellow-shouldered blackbird nests prior to start date if the activity is scheduled to occur between March 15 and August 30. Consult with USFWS if a yellow-shouldered blackbird nest is found.



Before moving parked outdoor equipment (e.g., carts, vehicles) check for yellow-shouldered blackbird nests (March 15-August 30). Notify USFWS if a yellow-shouldered blackbird nest is located.



Parcel Index 14-1


Parcel Index 14 Common Name: Safe Conveyance: Safe Neighboring Parcef(s): 8, 13, 15, 16

Parcel Index 14-2

Legend ( I- Parcel o Neighboring Parcel Bo!,mcmlies

Yellow-shOUldered Blackbird • NI}ShnglFO('i!glng Palms

~Ll Breeding Habitat

August 18. 2005


o 350 700 ____ iil::===:=:i.Feel


Parcel Index 14 Common Name: Sale Conveyance: Safe Neighboring Parcel(s): 8, 13, 15, 16


legend , ~,') Parcel o Neighbonng Parcel Eloul'ldaries Cleanup Status

Complete with land Use Controls DComplete D Cleanup Remaining


AUgust 18, 2005

1 lOch equals50i Feet

o 350 700 ____ -====:::i,Feet

Parcel Index 14-3



Common Name-Sale Conveyance-Sale Neighboring Parcel(s)-5, 8,13,14,16



• No development is allowed in Parcel 13 (Conservation).

• All development related activities (new construction, ground clearing, demolition/remodeling) adjacent to Parcel 13 should occur between September 1 and March 15 (non-breeding season) or be restricted to an area 50 m from the parcel boundary from March 15-August 30 (breeding season).






Grounds Maintenance


General Operations

Property Sale/Lease

NOTICE:


Schedule activity from September 1 through March 14 or conduct outdoor survey of building(s} (ledges, etc.) and nearby trees (within 50 m of the building) for yellow-shouldered blackbird nests prior to start date if the development activity is scheduled to occur between March 15 and August 30. Consult with USFWS if a yellow-shouldered blackbird nest is found.



Before moving parked outdoor equipment (e.g., carts, vehicles) check for yellow-shouldered blackbird nests (March 15-August 3D). Notify USFWS if a yellow-shouldered blackbird nest is located.



Parcel Index 15-1


Parcel Index 15 Common Name: Sale Conveyance: Sale Neighboring Parce/(s): 5, 8, 13,

14, 16

Parcel Index 15-2

Legend ~,<,~~ Farcel c::::J NfiHghDCt!f"IS ParCEl BouoCfui1es

Yellow-shouldered Blackbird .. NestiogfForagfng Palms

~ S'.'dlng Hobi!>!.

Augus118.2005

1 Inch equals 266 Feel

o 200 400 _____ ====='Feet


Parcel Index 15 Common Name: Sale Conveyance: Sale Neighboring Parcel(s): 5, 8, 13,

14,16


Legend ~"~,.J Parcel t::I Neighboring Parcel Boundaries Cleanup Status

~ ~ Complele with Land Use Conlrols QComplele Q Cleanup Remaining


August 18, 2005


o 200 400 ____ ..:====::JIFeel

Parcel Index 15-3



Common Name-Sale Conveyance-Sale Neighboring Parcel(s)-6, 8, 13, 15, 17,25



• No development is allowed in Parcel 1 and 5 (Conservation).

• All development related activities (new construction, ground clearing, demolition/remodeling) adjacent to conservation parcels (1, 5) should occur between September 1 and March 15 (nonbreeding season) or be restricted to an area 50 m from the parcel boundary from March 15-August 30 (breeding season).

• Notify the U.S. Fish and Wildlife Service (USFWS) if a yellow-shouldered blackbird nest is found anywhere on the property (787-851-7297).



Development Planning Save as many existing on site palms and trees as possible in new development plans.

New Construction/Clearing If undeveloped yellow-shouldered blackbird habitat is proposed for clearing consult with USFWS a minimum of one year prior to planned project initiation.

Demolition/Remodeling Schedule activity from September 1 through March 14 or conduct outdoor survey of building(s) (ledges, etc.) and nearby trees (within 50 m of the building) for yellow-shouldered blackbird nests prior to start date if the development activity is scheduled to occur between March 15 and August 30. Consult with USFWS if a yellow-shouldered blackbird nest is found.

Grounds Maintenance No trimming or cutting of palms and trees between March 15 and August 30 except in an emergency (Le., downed trees and palms from storms).

Building Maintenance Check for yellow-shouldered blackbird nests prior to any outdoor building maintenance activities between March 15 and August 30. Determine identity of any bird nest found. Notify and consult with USFWS if a yellow-shouldered blackbird nest is found.

General Operations Before moving parked outdoor equipment (e.g., carts, vehicles) check for yellow-shouldered blackbird nests (March 15-August 30). Notify USFWS if a yellow-shouldered blackbird nest is located.

Property Sale/Lease Notify buyer/lessee of all mitigation requirements (see above) and include mitigation with all legal documents.

NOTICE:


Parcel Index 16-1


Parcel Index 16 Common Name: Sale Conveyance: Sale Neighboring Parcel(s): 6,8, 13,

15, f7,25

Parcel Index 16-2

Legend

t5 Ne!ghboring Pafcel BouMnt\es

VeIlDw-s!1Duldered Blacl<blrd • Nesting/Foraging Palms

'ZZ; ere.dlng Habib!

Augus118,2005

1 inch equals 399 Feel

o 250 500 ...... ~======~IF~I


Parcel Index 16 Common Name: Sale Conveyance: Safe Neighboring Parcef(s): 6, 8, 13,

15, 17,25


Legend ",]Parcel c:JNelghboring Parcel Soundaries Clean up Status

Compleie with Land Use Controls o Complete o Cleanup Rerr",,,",ng


August 18, 2005


o 255 510 ........ c=====~IFoot

Parcel Index 16-3

Exhibit D

Survey Map

D

c

B

A

. SURVEY NOTES:

1. BOUNDARY SURVEY PREPARED BY TRANSYSTEMS CORPORATION fROM FIELD DATA COLLECTED IN APRIL 2007. FIELD PROCEDURES, CALCULATIONS AND FINAL PLAT HI\VE BEEN REVIEWED FOR COtUENl BY LUIS BERRIOS MONTES & ASS_~C!ATES OF VEGA B,l,JA. PUERTO RICO.

2. HORIZONTAL COORDINATES SHOWN HEREON ARE :IN' fEET AUD REFER TO THE PUERTO RICO/'t'lRGIN 15I..ANO STATE PlANE COORDINATE SYSTEIJ, 11"0 83 (1997 ADJUSTMENT). HORIZmITAL COORDINATES WERE DERIVED USING DUAL fREQUENCY CPS RECEIVERS AlIO ARE REFERENCED TO NATIONAL GEODETIC SURVEY MOIIUI.lEtiTS ANGEL (PID A09997). FAJARDO (PID "89834). HUw..CAO 2 (Plo AB9846) AND MT BRITTOII (PIO 1\89835),

J. THE FOllOWING PLATS AtID DEEDS WERE USED TO ESTA8USH THE BOUNDARY UtiES AS SHOWII 011 THIS PLAT:

A) PLAT Tm.ED ~UNITES STATES GOVERNMENT PROPERlY fORMER NAVAL STAnON ROOSEVELT ROADS BOUNDARY REESTABUSHMEIH SURVEY" PREPARED BY TRANSYSTEMS CORPORATION AIm LUIS BERRIOS MONTES. NAVfAC DRAWltlG 110. 4522929; DATEO FEBRUARY 15. 2005.

4. ~IMETRIC DATA AIm SHOREUtlE PROVIOED BY HOGGARD EURE ASSOCIATES PORTSMOUTH, VA. AERIAl SURVEY PERFORMED BY: AERO-DYNAMICS CORPORATIOtl CHARlOnE N.C. SURVEY flOWN FEBRUARY 1998.

5. DUE TO THE SPECIALIZED USAGE OF THE SUBJECT PROPERTY, TERRESTIAL-I.lARITII.lE REGULATIONS ARE INAPPUCABlE. AS A SINE QUA NOtl cONDITIml, ALL FUTURE RECIPIENTS OF THIS SUBJECT PROPERTY BY SUBDIVISION, SHALl. RECOGtllZE TIlE SOUNDARY OF TIlESE LA.NDS WITH REGARDS TO THE TERRESTIAl-MARITIME ZONE REGULATIONS. THE PUBUC ACCESS TO PROPERlY TRANSFERRED TO OTHER FEDERAl. AGENCIES SHAll REMAIII STATUS QUO.

6. NOTE: THIS PLAT SHOWS EASEtJEtlTS Of RECORD fOUND IN THE NAY'( RfAt. ESTATE OFfICE. THIS PU.T MAY NOT SHOW AL1. GRAIITS OR [ASEMEtITS THAT COULD AFFECT SUBJECT PROPERlY.

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SALE PARCEL IT A 17530166.2 SO fT. OR 4Q2437 ACRES OR 1628612.3 SOM! OR 414363 CUEROAS

CERTIFICATION

l. LUIS BERRIOS MONTES, CERTIFY THAT THE lliFORMATION THAT FOLLOWS REPRESENTS FAITHFULLY WHAT 1 FOUND PHYSiCALLY ON THE CRomlD AIID/OR BY THE INVESTiGATIONS THAT HAD BEEN MAllE BY llE.

D." ,i\11-\.';" ~='-~ LUIS BERRIOS MONTES

SUlveyor ·Uc~nfie No. 0669

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LEGAL DESCRIPTION FOR SALE PARCEL II A

Beginning at a survey control point in the Ward of Guayacan, said point being a brass disk set in concrete. Said point also known as 'DEL VIS' and having a northing of796646.7678 and an easting of 927749.8902 noted as the Point of Beginning on the plat labeled "UNITED STATES GOVERNMENT PROPERTY FORMER NAVAL STATION ROOSEVELT ROADS SALE PARCEL II A". Thence S78°52'34"E 168.01' to an iron rod set, the True Point of Beginning, having a northing of796614.3537 and an easting of 927914.7410:

Thence N30014'21"E 293.69' to an iron rod set; Thence S59°48'07"E 125.93' to an iron rod set; Thence N72°32'16"E 1288.66' to an iron rod set; Thence N74°27'25"E 368.85' to an iron rod set; Thence N82°52'22"E 549.92' to an iron rod set; Thence S61°50'10"E 134.71' to an iron rod set; Thence S22°03'47"W 964.43' to an iron rod set; Thence S26°10'48"W 599.37' to an iron rod set; Thence N83°59'37"W 552.67' to an iron rod set; Thence S08°53'31"W 1095.55' to an iron rod set; Thence S31°33'42"E 191.95' to an iron rod set; Thence S32°08'22"E 369.47' to an iron rod set; Thence S55°21 '55"E 113.66' to an iron rod set; Thence N38°20'03"E 320.99' to an iron rod set; Thence N84°57' 17"E 52.20' to an iron rod set; Thence S57°57'00"E 121.21' to an iron rod set; Thence S52°41 '53"E 85.04' to an iron rod set; Thence N56°14'39"E 285.03' to an iron rod set; Thence N07"36'22"W 171.77' to an iron rod set; Thence N34°34'26"W 439.85' to an iron rod set; Thence N33°05'48"E 315.39' to an iron rod set; Thence N74°17' 17"E 370.33' to an iron rod set; Thence N34°27'48"E 342.62' to an iron rod set; Thence S74°42'52"E 421.32' to an iron rod set; Thence S71°43'47"E 304.80' to an iron rod set; Thence S26°34'31"E 108.86' to an iron rod set; Thence S31°21'54"W 200.39' to an iron rod set; Thence N87°34'09''W 598.54' to an iron rod set; Thence S24°04'28"E 568.33' to an iron rod set; Thence S29°04'14"E 1361.02' to an iron rod set; Thence S67°01 '49"W 288.42' to an iron rod set; Thence SOoo03'09"W 542.55' to an iron rod set; Thence S75°55'37"W 993.35' to an iron rod set; Thence S30047'30"E 382.86' to an iron rod set; Thence S75°57'53"W 662.53' to an iron rod set; Thence following a curve to an iron rod set; with a long chord of 118.97' , a chord bearing of S13°32'47"E,

Radius= 849.14' Arc=119.07'

Thence S09°31' 46"E 282.37' to an iron rod set; Thence following a curve to an iron rod set; with a long chord of 294.29', a chord bearing of S40030'35''E,

Radius= 285.86' Arc=309.13'

Thence N18°32'14"E 100.99' to an iron rod set; Thence S85°13' 10"E 27.97' to an iron rod set;

Thence S63°37'29"E 75.85' to an iron rod set; Thence N86°01'31"E 190.34' to an iron rod set; Thence S02°38'57"W 102.54' to an iron rod set; Thence S29°40'44"E 33.82' to an iron rod set; Thence N84°48'02"E 151.40' to an iron rod set; Thence following a curve to an iron rod set; with a long chord of 241.06', a chord bearing of S70036'19''E,

Radius= 289.61' Arc=248.63 '

Thence following a curve to an iron rod set; with a long chord of 530.38', a chord bearing of N84°01'47"E,

Radius= 346.39' Arc=604.07'

Thence S55°55'45"E 49.22' to an iron rod set; Thence S75°35'56"E 45.01' to an iron rod set; Thence S75°35'56"E 12.13' to a point not set at the approximate edge of water of Ensenada Honda; Thence South along the approximate edge of water of Ensenada Honda to an iron rod set having a northing of791042.2146 and an easting of931277.3202; Thence N50046'20"W 41.29' to an iron rod set; Thence S72°51 '34"W 246.04' to an iron rod set; Thence S39°58'OT'W 213.05' to an iron rod set; Thence S16°11 '23''W 131.78' to an iron rod set; Thence S15°08'29"E 188.74' to an iron rod set; Thence S04°39'50"E 252.60' to an iron rod set; Thence S25°28'22"W 155.74' to an iron rod set; Thence S36°13'57"E 93.83' to an iron rod set; Thence S75°07' 17"E 147.17' to an iron rod set; Thence S54°12'38"E 196.35' to an iron rod set; Thence S38°58'48"E 73.05' to an iron rod set; Thence N62°43'26"E 43.54' to an iron rod set on the approximate edge of water of Ensenada Honda; Thence Southeast along the approximate edge of water of Ensenada Honda; Thence West along the approximate edge of water of Ensenada Honda; Thence Southwest along the approximate edge of water of Ensenada Honda; Thence Northwest along the approximate edge of water of Ensenada Honda to an iron rod set having a northing of 789987.0329 and an easting of 928624.5970; Thence N33°49'58"E 147.58' to an iron rod set; Thence N18°59'26"E 428.38' to an iron rod set; Thence N19°29' 17"E 152.84' to an iron rod set; Thence N27°35'05"E 129.36' to an iron rod set; Thence N59°07'38''W 128.07' to an iron rod set; Thence N02°18'32"E 102.65' to an iron rod set; Thence N52°52'48"W 47.94' to an iron rod set; Thence N37°21 '10"W 444.05' to an iron rod set; Thence N20016'57"W 69.58' to an iron rod set; Thence N14°16'15"E 143.46' to an iron rod set; Thence N03°18'13"W 222.24' to an iron rod set; Thence S64°17'45''W 49.06' to an iron rod set; Thence S30025'00"W 86.93' to an iron rod set; Thence S46°32'39''W 270.16' to an iron rod set; Thence S86°09' 24"W 107.23' to an iron rod set; Thence N72°55'21"W 216.16' to an iron rod set; Thence N36°01 '23"W 145.33' to an iron rod set; Thence NOo038'19"W 228.13' to an iron rod set; Thence N22°32'18"E 188.66' to an iron rod set;

Thence N14°36'26"W 271.50' to an iron rod set; Thence N70004'01"W 817.68' to an iron rod set; Thence N32°00'57"E 476.26' to an iron rod set; Thence N28°46'50"E 376.98' to an iron rod set; Thence N02°48'57"W 255.62' to an iron rod set; Thence N35°21 '48"E 166.29' to an iron rod set; Thence N26°49' 10"E 179.97' to an iron rod set; Thence N70058'06"W 132.88' to an iron rod set; Thence N34°06'09"W 116.68' to an iron rod set; Thence N03°28' 14"E 162.01' to an iron rod set; Thence N24°25'54"E 158.18' to an iron rod set; Thence N68°44'45"E 156.42' to an iron rod set; Thence N09°21 '33"W 203.14' to an iron rod set; Thence N44°54'44"E 185.85' to an iron rod set; Thence N88°04'12"E 174.03' to an iron rod set; Thence S71 °43' 46"E 46.11' to an iron rod set; Thence S48°12'02"E 100.29' to an iron rod set; Thence S34°04'11"E 219.49' to an iron rod set; Thence S71°39'50"E 278.41' to an iron rod set; Thence S38°39'51"E 182.04' to an iron rod set; Thence N72°03'33"E 437.50' to an iron rod set; Thence N47°27' l1"W 627.34' to an iron rod set; Thence N40053'33"W 308.83' to an iron rod set; Thence N09°24'38"E 492.22' to an iron rod set; Thence N88°42'04"E 164.09' to an iron rod set; Thence N06°33'51"E 232.33' to an iron rod set; Thence N06°35'07"W 36.56' to an iron rod set; Thence N45°15'31"W 29.84' to an iron rod set; Thence N52°30'55"W 383.91' to an iron rod set; Thence N39°44'38"E 324.94' to an iron rod set; Thence N17°59'43"E 176.84' to an iron rod set; Thence N75°02'51"W 675.18' to an iron rod set, the True Point of Beginning.

Said parcel containing 17,530,166.2 square feet or 402.437 acres, which equates to 1,628,612.3 square meters or 414.363 cuerdas.

Said parcel is subj ect to the following easements as shown on plats titled "UNITED STATES GOVERNMENT PROPERTY FORMER NAVAL STATION ROOSEVELT ROADS EASEMENT 13" and "UNITED STATES GOVERNMENT PROPERTY FORMER NAVAL STATION ROOSEVELT ROADS EASEMENT 14" prepared by TranSystems Corporation and sealed by Luis Berrios Montes on XX, 2007.

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SURVEY NOTES:

1. BOUNDARY SURVEY PREPAAED BY TRANSYSTEI.lS CORPORATION FROM FIELD DATA COu..ECTEO IN SEPTEIABER de DECEMBER 2006. fiELD PROCEDURES, CAlCULATIONS AND fiNAL PLAT HAVE 8EEtl REVlE.WED FOR CONTENT BY LUIS BERRIOS MONTES de ASSOCIATES OF VEGA BAJ ..... PUERTO RICO.

2. HORIZONTAL COORDINATES SHOWN HEREON ARE IN fEET ANO REfER TO THE PUERTO RICO/VIRGIN ISLAND STATE PLANE COORDINATE SYSTEM, 11,1.0 83 (1997 ADJUSTMENT). HORIZONTAL COORDINATES WERE DERIVED USINC DUAl FREQUENCY GPS RECEIVERS NlD ARE REFERENCED TO ""Tlotl.IJ.. GEODEIlC SURVEY MONUMENTS ANGEL (PIO "'09997), f/IJARDO (PID AB98J4). HUiAACAO 2 (PID AB9846) AND MT BRITTON (PlO Aa98J5).

J. THE FOLLOWING PLATS AHO DEEDS WERE USED TO ESTABUSH THE BOUNDARY LINES AS SHOWN Otl tHIS PLAT:

A) PLAT llTLED HUNlTES STATES GOVERNMEUl PROPERlY FORMER NAVAL STATION ROOSEVELT ROADS

2

BOutlOARY REESTABUSHMENT 5URVEYw PREPARED BY TRANSYSTEMS CORPORATION Atm LUIS BERRIOS MONTES. NAVfAC DRAWING No. 4522929; OATED FEBRUARY 15. 2005.

4. PI..i\NUJETRIC DATA AND SHOREUtlE PROVIDED BY HOGGARD EURE ASSOCIATES PDRlSMDVTli, VA. AERIAL SURVEY PERFORMED BY: AERO-OYHAiA1CS CORPORATION CHARLOTTE N.C. SURVEY FLOWN FEBRUARY 1998.

5. DUE TO TliE SPECIAUZEO USAGE OF TliE SUBJECT PROPERTY, TERRESTIAl-MARrTlME REGuLAnONS ARE INAPPUCABlE. AS A SINE QUA NON COllomON, ALL FunlRE RECIPIEms OF THIS SUBJECT PROPERTY BY SUBDMSION, SHALL RECOGNIZE THE BOUNDARY OF THESE LANDS WITH REGARDS TO THE TERRESTIAL-IMRITIME ZONE REGULATIONS, THE PUBUC ACCESS TO PROPERTY TRANSfERRED TO OTHER fEDERAl AGEtlCIES SHALL REMAIN STATUS QUO.

6. NOTE: THIS PLAT SHOWS EASEMENTS OF RECORD fOUND IN THE NAW REAL ESTATE OFflCE. TH1S PLAT MAY NOT SHOW AlL GIWiTS OR EASEMENTS THAT COULD AFFECT SUBJECT PROPERlY.

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SALE PARCEL II B 4124358.8 so.FT. OR 94.682 ACRES OR

383 167.0 SO.MT. OR 97.488 CUERQAS

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CERTIFIOATION

I, LUIS BERRIOS MONTES, CERTIFY THAT THE nIFORUAT!OI{ THAT FOfJ..OWS REPRESEtiTS FAl'l'HFULLY WHAT I FOUND PHYSICALLY 01{ THE GROUND AND/OR BY THE IINESTIGATlONS n;AT HAD BEEN UADE BY YE.

Olltl' :i\n.\~l ~Y.?,;-.. LUIS BERRIOS MONTES

Surveyor Lil'ell~c No. 8689

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SALE PARCEL II B 4 124358.8 SO.FT. OR 94.682 ACRES OR

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N52470-02-D-7619

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LEGAL DESCRIPTION FOR SALE PARCEL II B

Beginning at a survey control point in the Ward of Guayacan, said point being a brass disk set in concrete. Said point also known as 'CASCAJO' and having a northing of792718.7899 and an easting of 935655.9464 noted as the Point of Beginning on the plat labeled "UNITED STATES GOVERNMENT PROPERTY FORMER NAVAL STATION ROOSEVELT ROADS SALE PARCEL II B". Thence SOoo09'52"E 191.46' to an iron rod set on the approximate edge of water of Ensenada Honda, the True Point of Beginning, having a northing of792527.3349 and an easting of935656.4956:

Thence S78°11 ' 44"W 72.71' to an iron rod set; Thence S39°17'10"W 197.50' to an iron rod set; Thence S08°35'07"W 554.83' to an iron rod set; Thence S56°28'03"E 86.69' to an iron rod set on the approximate edge of water of Ensenada Honda having a northing of791763.1020 and an easting of935449.7085; Thence Southwest along the approximate edge of water ofVieques Passage; Thence West along the approximate edge of water ofVieques Passage; Thence North along the approximate edge of water to an iron rod set having a northing of 790646.4126 and an easting of933016.8045 Thence S88°04'00"E 176.63' to an iron rod set Thence N63°47'43"E 121.99' to an iron rod set; Thence N80058'39"E 153.66' to an iron rod set; Thence NI4°40'48"W 230.17' to an iron rod set; Thence N87°12'00''W 269.55' to an iron rod set; Thence N27°02'40"W 182.08' to an iron rod set; Thence N20029'37"W 194.61' to an iron rod set; Thence N20019'37"W 302.30' to an iron rod set; Thence following a curve to an iron rod set; with a long chord of 136.56', a chord bearing of N23°36'05"W,

Radius= 1195.39' Arc=136.64'

Thence N26°52'33"W 259.49' to an iron rod set; Thence following a curve to an iron rod set; with a long chord of 230.12', a chord bearing of N34°09' 10"W,

Radius= 908.39' Arc=23 0.74'

Thence N48°34'14"E 49.22' to an iron rod set; Thence N48°34'14"E 55.09' to an iron rod set; Thence N17°43 '35"E 80.21' to an iron rod set; Thence N48°47'03"E 102.45' to an iron rod set; Thence N71 °08'08"E 97.48' to an iron rod set; Thence N71°08'08"E 33.22' to a point not set on the approximate edge of water of Ensenada Honda having a northing of 792384.4126 and an easting of 932873.2568; Thence Southeast along the approximate edge of water of Ensenada Honda to an iron rod set having a northing of 791812.7113 and an easting of933338.2827; Thence S45°58'22"W 97.06' to an iron rod set; Thence S48°49'44"W 93.85' to an iron rod set; Thence S58°41 '06"W 138.43' to an iron rod set; Thence S18°28'24"E 268.60' to an iron rod set; Thence S74°04'45"E 425.18' to an iron rod set; Thence N17°26' 49"E 254.40' to an iron rod set; Thence N56°30'28"E 110.37' to an iron rod set; Thence N07°44'44"E 276.03' to an iron rod set; Thence N36°34'58"E 234.19' to an iron rod set; Thence N55°30'53"E 337.29' to an iron rod set; Thence N68°31 '23"E 538.98' to an iron rod set; Thence N03°56'03"E 232.44' to an iron rod set;

Thence N47°51 '06"E 344.84' to an iron rod set; Thence N57°17'07"E 199.60' to an iron rod set; Thence S21°52'30"E 192.18' to an iron rod set; Thence S79°06'21"E 190.07' to an iron rod set; Thence N85°42'44"E 46.37' to an iron rod set; Thence N58°08'36"E 48.91' to an iron rod set on the approximate edge of water of Ensenada Honda; Thence East along the approximate edge of water of Ensenada Honda; Thence South along the approximate edge of water of Ensenada Honda to the True Point of Beginning.

Said parcel containing 4,124,358.8 square feet or 94.682acres, which equates to 383,167.0 square meters or 97.488 cuerdas.

Exhibit E

Tables

TABLE 1

NAVAL ACTIVITY PUERTO RICO SALE PARCEL II FOST

NON-HOUSING FACILITIES LIST PAGE 1 of2

Facility # Former User Name Area Unit Yr Built 673 - MAINTENANCE STORAGE BLDG - - -793 HSG HOUSING OFFICE 6400 SF 1966

884 PWD SEWAGE PUMP STATION 280 SF 1959

885 HSG TEMP LODGING 8638 SF 1960

886 NAVY CAMPUS NAVY CAMPUS 7918 SF 1960

888 HOSP MEDICAL CLINICS (EIP/MDO) 10583 SF 1960

968 PWD SEWAGE PUMPING STA(CAPEHART) 280 SF 1959 1022 - - - - -1028 HSG SNACK BAR BY HOUSING POOL 276 SF -1073 PWD BUS SHL TR FOR DR (HSG) 140 SF 1962

1075 PWD BUS SHL TRiCASCAJO OFFCRS HSG 190 SF 1962 1303 MWR PLAYING FIELD BASEBALL - - 1961 1316 HSG PLAYGROUND - - -1469 MWR EM SWIM POOL/PUMP/FL TR HSE 592 SF 1960

1471 PWD SEWAGE PUMPING STA CAPEHART 360 SF 1959 1513 PWD SEWAGE LIFT STATIONITOILET 170 SF 1959 1577 MWR BATHROOM-SNACK BAR EM POOL 1056 SF 1962

1581 PWD BUS SHL TR BY COMM CTR 140 SF 1962

1583 MWR OFFICERS SW POOL BATHOUSE 396 SF 1963

1660 HSG YOUTH CENTER 1800 SF -1698 PWD CAPEHART CARPENTRY SHOP 1600 SF 1970 1746 AFWTF LIGHT TOWER CABRAS ISLAND - - -1755 HSG HOUSING MAINTENANCE SHOP 4000 SF 1971

1756 HSG HOUSING STORAGEIWHSE 8000 SF 1974

1800 MWR TENNIS COURT 1600 SF 1974

1811 HSG COMMUNITY CENTER 5029 SF 1977

1916 PWD SEWAGE LIFT/ALGODONES APTS. 64 SF 1978

1917 PWD SEWAGE LlFTITURNKEY HSG. 64 SF 1978 1918 MWR SOFTBALL FIELD (ALGODONES) - - 1971 1919 HSG PUBLIC TOILET - - -1920 PWD STANDBY GEN BY BLDG #1471 224 SF 1977 1923 - TOILET NEXT TO PUMP HOUSE 1513 - - -1924 PWD SEWAGE PUMP ST 64 SF 1971 1940 PWD SUBSTA BY FUEL TKS 56A156B - - 1976 1942 MWR REC GRNDS COMM BEACH 4256 SF 1978

2170 MWR COMMUNITY BEACH HEADS 390 SF 1984

2200 ACSS ACSS HIGH SCHOOL 10961 SF 1960 2203 PWD SWGE LIFT STA BY B# 1811 - - 1987

2221 MWR MALE/FEM HEAD AT BALLFIELD 75 SF 1986

2223 MWR COMM. BEACH BALLFLD B&DUGOUT - - 1986

Facility # Former User

2237 MWR

2251 MWR

2295 ACSS

2305 MWR

2378 MWR 2382 PWD

TABLE 1


NON-HOUSING FACILITIES LIST PAGE 2 of2

Name

CONCESS STGECOM BCH BALLFL

ADDTNL STGE B1811

ACSS HIGH SCHOOL GYM

YOUTH CENTER

SWIM POOL FILTER HOSE SWGE PUMP STATION

Area Unit Yr Built 144 SF 1986

336 SF 1987

- - 1960

7611 SF 1990

144 SF 1978 450 SF 1995

List based on 2003 NAPR base map (Base map - PREnew 11-2003.pdf), July 2001 Building Utilization List, List of Buildings To Be Inspected For Asbestos from June 2005 Asbestos Inspection Report, and field verfication by NAPR personnel.

ACSS AFWTF HOSP HSG MWR PWD

Information not available or unknown

Antilles Consolidated School System Atlantic Fleet Weapons Training Facility Hospital Housing Morale, Welfare and Recreation Public Works Department

Number 1920 1972 2406 1513

Type AST (Vaulted) AST (Vaulted) AST (Vaulted) Former UST

TABLE 2

NAVAL ACTIVITY PUERTO RICO SALE II PARCEL FaST

AST AND UST LIST

Material Location or User Capacity Stored

PWD 500 Diesel PWD 250 Diesel PWD 550 Diesel

1513/PWD 280 Diesel

Information not available or unknown

Year Year Installed Removed

- Active - Active - Active

- 1996

TABLE 3


NON-HOUSING ASBESTOS-CONTAINING MATERIAL INSPECTION RESULTS

Facility # 673 793 884 885 886 888 968 1022 1028 1073 1075 1303 1316 1469 1471 1513 1577 1581 1583 1660 1698 1746 1755 1756 1800 1811 1916 1917 1918 1919 1920 1923 1924 1940 1942 2170 2200 2203 2221 2223 2237 2251 2295 2305 2378 2382

Notes:

Source:

Name MAINTENANCE STORAGE BLDG HOUSING OFFICE SEWAGE PUMP STATION TEMP LODGING NAVY CAMPUS MEDICAL CLINICS (EIP/MDO) SEWAGE PUMPING STA(CAPEHART)

-SNACK BAR BY HOUSING POOL BUS SHL TR FDR DR (HSG) BUS SHL TR/CASCAJO OFFCRS HSG PLAYING FIELD BASEBALL PLAYGROUND EM SWIM POOLIPUMP/FL TR HSE SEWAGE PUMPING STA CAPEHART SEWAGE LIFT STATION/TOILET BATHROOM-SNACK BAR EM POOL BUS SHL TR BY COMM CTR OFFICERS SW POOL BATHOUSE YOUTH CENTER CAPEHART CARPENTRY SHOP LIGHT TOWER CABRAS ISLAND HOUSING MAINTENANCE SHOP HOUSING STORAGE/WHSE TENNIS COURT COMMUNITY CENTER SEWAGE LIFT/ALGODONES APTS. SEWAGE LIFT/TURNKEY HSG. SOFTBALL FIELD (ALGODONES) PUBLIC TOILET STANDBY GEN BY BLDG #1471 TOILET NEXT TO PUMP HOUSE 1513 SEWAGE PUMP ST SUBSTA BY FUEL TKS 56A156B REC GRNDS COMM BEACH COMMUNITY BEACH HEADS ACSS HIGH SCHOOL SWGE LIFT STA BY B# 1811 MALE/FEM HEAD AT BALLFIELD COMM. BEACH BALLFLD B&DUGOUT CON CESS STGECOM BCH BALLFL ADDTNL STGE B1811 ACSS HIGH SCHOOL GYM YOUTH CENTER SWIM POOL FILTER HOSE SWGE PUMP STATION

Y=Yes N = No NI = Not Inspected

ACM Identified Comments NI Y No FADACM N Y No FADACM N Y No FADACM Y No FADACM NI NI N N NI NI NI N NI N N N NI N NI Y No FADACM N NI Y No FADACM N N NI NI N NI N NI NI N NI NI N NI N N NI N NI N

Hazard = friable, accessible and damaged (FAD) asbestos-containing material (ACM)

Final Asbestos Inspection Report for Naval Activity Puerto Rico, Ceiba, Puerto Rico (Baker, June 2005)

Exhibit F

CERFA Concurrence

CERFA Identification of Uncontaminated Property Former Naval Station Roosevelt Roads, Puerto Rico

Accordingly, this CERF A Uncontaminated Property Report reflects final site categorizations that may differ from those presented in the Final ECP report.

In summary, all NAPR property not otherwise identified as sites belonging to Categories 2 or 3 are classified as "CERFA Clean" (i.e. uncontaminated) as defined in CERFA [§9620 (h)(4)(A)]. The bulk of the NAPR acreage is classified as such. Of the approximately 8,400 acres ofNSRR property, about 7,000 acres have been identified as "CERF A Clean" (i.e., Category 1). Figure 1 depicts the results of this classification.

Included in the CERFA Clean classification are a total of 14 SWMUs. Ten of these SWMUs were identified by EPA in the 1994 RCRA Part B pennit, and an additional four sites were identified by the ECP. All 14 of these sites were originally identified based on a suspected release or disposal activity, but subsequent investigations detennined that no release or disposal activity occurred. EPA has indicated their concurrence with this detennination in the draft §7003 Order on Consent by designating each of these sites as having achieved "corrective action complete without controls" designation. The SWMUs and ECP sites designated as CERFA Clean are SWMUs 5, 15,20,21,22,47,48,49,50, 52,63 (ECP 9), 64 (ECP 10),65 (ECP 11), and 66 (ECP 12). These sites are presented in Table 1.

The remaining property has been classified as Category 2 or 3 and as such is not qualified for designation as CERF A Clean.

Submitted

Concurrence

Concurrence with CERFA Identification of Uncontaminated Property is indicated by signature below. This concurrence applies only to the identification of "CERF A Clean" (i.e. uncontaminated) property, identified in this document as ECP Category 1.

t

Carlos Lopez Freyt ,President Environmental Qua ity Board Commonwealth of Puerto Rico

Date

7

Exhibit G

Asbestos Inspection Reports and

Lead-Based Paint Inspection/Risk Assessment Report

Final

Asbestos Inspection Report for

Military Family Housing Naval Activity Puerto Rico

Ceiba, Puerto Rico

Contract N 624 72 -0 1 - 0-1440 III Project N urn ber 15 III J un e 2005

TABLE OF CONTENTS

EXECUTIVE SUMMARy ...................................................................................................... ES-1

1.0 INTRODUCTION ............................................................................................................. 1 1.1 Housing Community Overview ............................................................................ 2

2.0 ASBESTOS-CONTAINING MATERIAL INSPECTION ........................................... 5 2.1 Regulatory Background ........................................................................................ 5 2.2 Methodology ......................................................................................................... 6 2.3 Selecting Units for Inspections ............................................................................. 7 2.4 Disclaimer ........................................................................................................... 11 2.5 Summary of Asbestos-Containing Materials ...................................................... 12 2.6 Summary of Hazards ........................................................................................... 22

Within Text

Table A Table B Table C Table D Table E Table F Table G Table H Table I Table J Table K Table L

Following Text

Table 1 Table 2

Appendix A AppendixB AppendixC AppendixD

LIST OF TABLES

Renovation History for NAPR Housing ACMs Identified at NAPR Housing Renovation History for NAPR Housing Units Selected for ACM Inspection at NAPR Housing ACMs Identified at NAPR Housing ACMs Identified by Address for Algodones ACMs Identified by Address for Caribe Breeze ACMs Identified by Address for Cascajo Point ACMs Identified by Address for Coast Guard ACMs Identified by Address for FDR Drive ACMs Identified by Address for Manatee Bay ACMs Identified by Address for Mangrove Manor

Summary of Homogeneous Materials (for each housing community) Summary ofIdentified ACM (for each housing community)

LIST OF APPENDICES

Training Certificates and Certificates of Accreditation NAPR Map and Floor Plans Analytical Laboratory Reports Photographs

EXECUTIVE SUMMARY

The US Navy Engineering Field Activity Northeast (EF ANE) contracted Baker to perform an

asbestos-containing material (ACM) inspection of military family housing at Naval Activity Puerto

Rico (NAPR), located near Ceiba, Puerto Rico. The work was performed so that the federal

government can transfer the properties. The Navy is considered the owner of all properties referenced

in this report. The work was performed in accordance with the Scope of Work: Lead-Based Paint

Inspection and Risk Assessment, and Asbestos Survey for Residential Property Transfer, dated

September 9,2004, under Contract Number N62472-01-D-1440. Field work for the project was

performed from January 5, 2005 to February 11,2005.

NAPR housing was reportedly constructed between 1960 and 1975 and contains 962 two, three, and

four-bedroom apartment style, duplex, and single-family housing units. NAPR housing consists of

eight communities: Algodones, Caribe Breeze, Cascajo Point, Coast Guard, FDR Drive, Manatee

Bay, Mangrove Manor, and Rainbow Hill. Twenty-seven of the housing units in Manatee Bay are of

original construction, while the remaining 935 units were renovated to varying degrees beginning in

1989. The square footage ofthe units ranges from 1023 to 2105 square feet. The concrete-framed

buildings have concrete or ceramic exterior finishes. Interior waIls are painted gypsum board and

concrete. The units are generaIly in good condition.

ES-l

Table A below summarizes the renovation history for the communities, as provided by the housing

office manager .

. · .... · .. ·.·.x .~;y;>;; •. /;i" ··q'ableA.Rclloviiti'on History.fotNAPRHo·uslng •• • .••.••.• <~ ......•.. Aa~i:~ssof9Ilits··· I···. Dategf ·bate(s)of ".

. ..• . ..•..... .'

:'. Insp:ecteI.L· . Style of Housing Const. Reriov; . Descr:iptionofRenovation ".

:. .. ·· ..••••.. S· AlgodoJ:!es .'. .'

889C, 889E, 889F, Two, Three, and Four 1960 1991 • Installation of carpeting 889G, 889H, 891A, Bedroom Apartment- • Remodel bathrooms and kitchens 89m, 893B, 893C, Style Units • Replace doors and windows 895A, 895B, 895C, 897A, 897B, 897D, 897F, 897G, 897H, and 899B

I··.~\.·i .•.•.•. : .. Ca:ribeBreeie • '; ~'.' ....•...... ' ..... lA, 2C, 5B, 6B, lOD, Two, Three, and Four 1974 2001 - 2003 • Remove LBP and ACM llA, 15A, 16B, 17C, Bedroom Duplex Units • Repaint all walls inside and outside 20A, 20B, 2IB, 25C, • Replace vinyl floor tile with 25A, 28A, 31B, 34B, ceramic tile 35A, 37A, 38B, 39C, • Replace AlC ductwork and central 43B, and 47 A American AlC units Circle • Upgrade electrical systems 92A Saratoga Road • Replace entrance doors I Band 4B Point Cruz • Reconfigure outside storage areas

and AlC mechanical rooms • Replace kitchen cabinets • Replace bathroom fixtures and tiles • Reconfigure master bedrooms and

bathroom • Replace windows • Install ceil ing fans Replace carpeting in upstairs of 2-bedroom units

...• .' Cascaio Point ..... ,..... 6,11,16,21,24,30, Two, Three and Four 1960 1998 - 2001 • Remove LBP and ACM and 3 I FDR Drive Bedroom Single Family • Construct screened-in porches 6 Bataan Drive Houses • Repaint all walls inside and outside 5 and 14 San Jacinto • Replace vinyl floor tile with Road ceramic tile 4,7, and \3 Cowrens • Replace AlC ductwork and central Drive AlC units 4,5,13,14,19,26,29, • Upgrade electrical systems 30, and 43 Monterey • Replace kitchen cabinets Road • Remodel laundry areas 2,5, 12, and 14 Cabot • Replace bathroom fixtures and tiles Lake • Reconfigure master bedrooms and

bathroom • Install ceiling fans ..

'.' CoastGuaid /J

.;. " .

1675,1676,1677,1678, Three and Four 1960 1989 - 1992 • Replace floors tiles 1679, and 1680 Intrepid Bedroom Single Family • Replace kitchen cabinets Street Houses • Install central A/C

• Replace aluminum jealously windows with French type glass louvered windows

ES-2

Table A. Renovation History for.NAPR Housing Address of Units Date of Date(s) of

....

Inspected Style of Housing .Const. Renov. Description of Renovation , .. .: . .. FDRDrive . .. . ... ..' <: .... :;... . ..•.

1,3, and 5 FDR Drive Three Bedroom Single 1960 1999 - 2000 • Remove LBP and ACM Family Houses • Replace carpeting

• Repaint all walls inside and outside • Replace AlC ductwork • Reconfigure mechanical room • Upgrade electrical systems • Replace kitchen floors and cabinets • Remodel bathrooms including

replace bathroom fixtures (not I FDR)

• Install ceiling fans

ManateeBav : .. ..

6 and 7 Intrepid Street Two, Three and Four 1960 2001 - 2003 • Remove LBP and ACM 8, 11,20,36,38,49,52, Bedroom Single Family • Construct screened-in porches and 60 Ranger Road Houses • Repaint all walls inside and outside 2 and 20 Hancock • Replace vinyl floor tile with Circle ceramic tile 4 and 15 Coral Sea • Replace AlC ductwork and central Drive AIC units 3 and 18 Franklin Drive • Upgrade electrical systems 8,19, and 26 Hornet • Reconfigure kitchens and replace Road kitchen cabinets 3, 11,21,32, and 35 • Remodel laundry areas Yorktown Circle • Replace bathroom fixtures and tiles 67,74, and 81 • Reconfigure master bedrooms and Lexington Drive bathroom

• Install ceiling fans . ; .. : < Mangrove Manor. :

11,12,19,20,31,38, Two, Three and Four 1960 1989 - 1992 • Same as Coast Guard 50, 68, and 82 Saratoga Bedroom Single Family Road Houses 2, II, and 17 Essex Drive 6 Ticonderoga Street 18,25,34,41, and 54 Enterprise Drive 9,26,33,46, and 47 Lexington Drive 6,15, and 32 Wasp Circle 7 Bunker Hill Road . ,. Rainbow Hill ..

2A, 4A, 4B, 5B, 7A, Two, Three, and Four 1975 1998 - 2001 • Same as Caribe Breeze 8A, IOC, I3B, 14B, Bedroom Duplex and 15B, 16A, 18A, 19C, Apartment-Style Units 20B, 22B, 23A, 24A, 27A, 28B, 29B, 32A, 33B, 34A, and 36A Nimitz Drive

Base Realignment and Closure (BRAC) policy considers ACM to be a hazard when it meets all three

of the following conditions: friable, accessible, and damaged. ACM hazards were not identified in

the housing units that were inspected. Per the Scope of Work, Baker did not conduct walk-through

inspections of all units ofNAPR housing to identify ACMs and ACM hazards. Therefore, additional

ACMs and ACM hazards may be present in NAPR housing. Table B below summarizes the ACMs

that were identified at each housing community. No ACMs were identified at Rainbow Hill.

ES-3

. ... :. : •••• ... :Algodcines' ...... ~=~ ~... ~ .... Vinyl Floor Tile, 9" x 9" tan with brown LRlDR, Hall I, BRI, BR2, and BR3 streaks Floor Adhesive, under 9" x 9" tan with brown streaks vinyl floor tile Vinyl Floor Tile, 9" x 9" gray with black streaks Floor Adhesive, under 9" x 9" gray with black streaks vinvl floor tile

.... ..

LRI DR, Hall I, BRI, BR2, and BR3

BRI andBR2

BRI andBR2

. Caribe Breeze .. :... ..

TanlBlack Floor Adhesive, under I' x I' BRI, BR2, BR3, BR4, ST2, ST3, Hall I, tan mottled vinvl floor tile Hall 2, Stair, Laundrv, Kitchen, LRlDR YellowlBlack Floor Adhesive, under I' x BRI, BR2, BR3, BR4, ST2, ST3, Hall I, I' gray mottled vinyl floor tile Hall 2, Stair Laundrv. Kitchen LRlDR

47%

47%

42%

42%

43%

57%

100% 1~~~T~~t~~~I~~====WWo~~~1 I~ ..... .. .CoastGuard

Black Floor Adhesive, under I' x I' brown with white and red streaks vinyl floor tile

LR, DR, Kitchen, Hall, BRI, BR2, BR3, andBR4

FDRDrive Floor Adhesive, under I' x I' brown with LRlDR red streaks vinyl floor tile Vinyl Floor Tile, 9" x 9" gray with white BRI, BR2, BR3, Hall, and LRlDR streaks Floor Adhesive, under 9" x 9" gray with BRI, BR2, BR3, Hall, and LRlDR white streaks vinyl floor tile Floor Adhesive, under I' x I' tan mottled BRI, BR2, BR3, and Hall vinyl floor tile Vinyl Floor Tile, l' xl' brown with tan LRlDR streaks

Vinyl Floor Tile, l' xl' yellow mottled

Black Floor Adhesive, under I' x I' yellow mottled and l' xl' brown with orange and white stripes vinyl floor tiles

Vinyl Floor Tile, I' x I' brown mottled

Black Floor Adhesive, under I' xl' brown mottled, I' xl' white with brown streaks, I' x I' light brown mottled, l' x I' brown with light brown streaks, I' xl' brown with white streaks, I' x I' white with gray specks, and I' x I' white with black streaks vinyl floor tiles Vinyl Floor Tile, I' x I' brown with light brown streaks Vinyl Floor Tile, I' x I' white with black streaks Vinyl Floor Tile, I' x I' tan mottled

Black Floor Adhesive, under I' x I' tan mottled and I' x I' white mottled vinyl floor tiles Vinyl Floor Tile, I' x I' white mottled

Sink Coating, black

.. Mamitee Bay LR, DR, Kitchen, Hall, BRI, BR2, and BR3 LR, DR, Kitchen, Hall, BRI, BR2, and BR3

·.Mangrove Manor LR, DR, Kitchen, Hall, BRI, BR2, BR3, andBR4 LR, DR, Kitchen, Hall, BRI, BR2, BR3, andBR4

LR, DR, Kitchen, Hall, BRI, BR2, BR3, andBR4 LR, DR, Kitchen, Hall, BRI, BR2, BR3, andBR4 LR, DR, Kitchen, Hall, BRI, BR2, BR3, andBR4 LR, DR, Kitchen, Hall, BRI, BR2, BR3, andBR4

LR, DR, Kitchen, Hall, BRI, BR2, BR3, andBR4 Kitchen

66%

33%

66%

66%

33%

33%

3%

7%

.

33%

88%

4%

7%

7%

11%

4%

96%

*For NAPR Housmg, percentages are based on a representative number ofumts mspected for ACM; not all umts III NAPR Housing were inspected. A complete ACM inspection of all NAPR Housing units is recommended to verifY actual quantities and conditions.

ES-4

If renovation or demolition of housing units is scheduled, a more comprehensive ACM inspection

should be conducted to attempt to identifY hidden ACM (e.g., behind walls, above ceilings, etc.) that

would not have been identified during this non-destructive, baseline study. Also, prior to renovation

or demolition, ACM removal and disposal activities must be completed in accordance with EPA,

Puerto Rico OSHA, Puerto Rico EQB, and other applicable federal and local regulations.

ES-5

1.0 INTRODUCTION


asbestos-containing material (ACM) inspection of military family housing at Naval Activity Puerto

Rico (NAPR), located near Cieba, Puerto Rico. The work was performed so that the federal

government can transfer the properties. The Navy is considered the owner of all properties referenced

in this report. The work was performed in accordance with the Scope of Work: Lead-Based Paint

Inspection and Risk Assessment, and Asbestos Survey for Residential Property Transfer, dated

September 9,2004, under Contract Number N62472-01-D-1440. Field work for the project was

performed from January 5, 2005 to February 11,2005.

The body of the report is followed by the following appendices that contain supporting data:

• Appendix A contains copies of training certificates for the Baker and Environmental

Development and Sustainability, Inc. (EDS) Baker subcontractor) staff who conducted the

investigation and the certificates of accreditation for the laboratories that conducted sample

analysis.

• Appendix B contains an NAPR map that shows the location of each of the housing

communities and a floor plan for each type of housing unit that was inspected.

• Appendix C contains analytical laboratory reports for bulk material samples.

• Appendix D contains photographs pertinent to the ACM inspection. These photographs are

also included on a CD that accompanies this report.

While preparing this report, Baker consulted the following regulations, guidance documents and

policies:

• 29 CFR 1926.1101 - OSHA Asbestos Construction Standard

• 40 CFR 763 - Asbestos Hazard Emergency Response Act (AHERA) and Asbestos School

Hazard Reauthorization Act (ASHARA) as Amended

• 40 CFR 61, Subpart M - National Emissions Standards for Hazardous Air Pollutants

(NESHAPS)

1

• Puerto Rico Environmental Quality Board Regulation for the Control of Atmospheric

Pollution, Rules 102,422, and 501

• 41 CFR 101-47 - General Services Administration Federal Property Management

Regulations: Utilization and Disposal of Real Property

• 15 United States Code 2680, 2681 and 2688 -Toxic Substances Control Act

• Department of Defense (DoD) Base Realignment and Closure Act (BRAC) Policy on

Asbestos, Lead Paint and Radon Policies at BRAC Properties (October 31, 1994)

• EPA 560/5-85-030a - Asbestos in Buildings: Simplified Sampling Scheme for Friable

Surfacing Materials

1.1 Housing Community Overview

NAPR housing was reportedly constructed between 1960 and 1975 and contains 962 two, three, and

four-bedroom apartment style, duplex, and single-family units. NAPR housing consists of eight

communities: Algodones, Caribe Breeze, Cascajo Point, Coast Guard, FDR Drive, Manatee Bay,

Mangrove Manor, and Rainbow Hill. Twenty-seven of the housing units in Manatee Bay are of

original construction, while the remaining 935 units were renovated beginning in 1989. The square

footage of the units ranges from 1023 to 2105 square feet. The concrete-framed buildings have

concrete or ceramic exterior finishes. Interior walls are painted gypsum board and concrete. The

units are generally in good condition.

Table C below summarizes the renovation history for the communities, as provided by the housing

office manager.

889C, 889E, 889F, 889G, 889H, 891A, 89lD, 893B, 893C, 895A, 895B, 895C, 897A, 897B, 897D, 897F, 897G, 897H, and 899B

2

• Installation of carpeting • Remodel bathrooms and kitchens • Replace doors and windows

~A~d"ess'~fy~~ts .•.• ~.~. <7~; ··DateofJj'~t~(sTof. ." .... .'; .... . Inspected. . ..' SMeofnou~iiig.Gonst; I . :·~enov. . •. ·.J}[email protected]:lf~~l1ovation ......>..... ..' ... . ........ ·'·CaribeBreeze ••...•.•• :i.: z ~. __ .-"..~ ..

lA, 2C, 5B, 6B, IOD, llA, 15A, 16B, 17C, 20A, 20B, 21B, 25C, 25A, 28A, 3lB, 34B, 35A, 37A, 38B, 39C, 43B, and 47A American Circle 92A Saratoga Road lB and 4B Point Cruz

6, II, 16,21,24,30, and 31 FDR Drive 6 Bataan Drive 5 and 14 San Jacinto Road 4,7, and 13 Cowrens Drive 4,5, 13, 14, 19,26,29, 30, and 43 Monterey Road 2,5, 12, and 14 Cabot Lake

1675, 1676, 1677, 1678, 1679, and 1680 Intrepid Street

1,3, and 5 FDR Drive

Two, Three, and Four Bedroom Duplex Units

Two, Three and Four Bedroom Single Family Houses

Three and Four Bedroom Single Family Houses

. .< Three Bedroom Single Family Houses

1974

Cascajo Point 1960

Coast Guard

1960

.. ' FDRDrive

1960

3

2001 - 2003

1998 - 2001

1989 - 1992

1999 - 2000

.• Remove LBP and ACM • Repaint all walls inside and outside • Replace vinyl floor tile with

ceramic tile • Replace NC ductwork and central

AIC units • Upgrade electrical systems • Replace entrance doors • Reconfigure outside storage areas

and NC mechanical rooms • Replace kitchen cabinets • Replace bathroom fixtures and tiles • Reconfigure master bedrooms and

bathroom • Replace windows • Install ceiling fans Replace carpeting in upstairs of 2-bedroom units

• Remove LBP and ACM • Construct screened-in porches • Repaint all walls inside and outside • Replace vinyl floor tile with

ceramic tile • Replace NC ductwork and central

AIC units • Upgrade electrical systems • Replace kitchen cabinets • Remodel laundry areas • Replace bathroom fixtures and tiles • Reconfigure master bedrooms and

bathroom • Install ceiling fans

• Replace floors tiles • Replace kitchen cabinets • Install central AIC • Replace aluminum jealously

windows with French type glass louvered windows

• Remove LBP and ACM • Replace carpeting • Repaint all walls inside and outside • Replace NC ductwork • Reconfigure mechanical room • Upgrade electrical systems • Replace kitchen floors and cabinets • Remodel bathrooms including

replace bathroom fixtures ( not I FDR)

• Install ceilirlgfans

TableC.Renovation History for NAPR Housing . . . . Addfe'ssoflJIiits . · ... ·.~/..i,Dateof Y>Date(s)Qf> ..•.....•.... ........ ... ..,

Irispe:cted~t§le.ofHo:using .. Cor.st. Re'nov. Description6fRlriovation

6 and 7 Intrepid Street Two, Three and Four 1960 2001 - 2003 • Remove LBP and ACM 8, 11,20,36,38,49,52, Bedroom Single Family • Construct screened-in porches and 60 Ranger Road Houses • Repaint all walls inside and outside 2 and 20 Hancock • Replace vinyl floor tile with Circle ceramic tile 4 and 15 Coral Sea • Replace AlC ductwork and central Drive A/C units 3 and 18 Franklin Drive • Upgrade electrical systems 8, 19, and 26 Hornet • Reconfigure kitchens and replace Road kitchen cabinets 3,11,21,32, and 35 • Remodel laundry areas Yorktown Circle • Replace bathroom fixtures and tiles 67,74, and 81 • Reconfigure master bedrooms and Lexington Drive bathroom

.•..

11,12,19,20,31,38, 50,68, and 82 Saratoga Road 2, 11, and 17 Essex Drive 6 Ticonderoga Street 18,25,34,41, and 54 Enterprise Drive 9,26,33,46, and 47 Lexington Drive 6, 15, and 32 Wasp Circle 7 Bunker Hill Road

2A, 4A, 4B, 5B, 7A, 8A, 10C, 13B, 14B, 15B, 16A, 18A, 19C, 20B, 22B, 23A, 24A, 27A, 28B, 29B, 32A, 33B, 34A, and 36A Nimitz Drive

Two, Three and Four Bedroom Single Family Houses

Two, Three, and Four Bedroom Duplex and Apartment-Style Units

• Install ceiling fans Mangrove Manor

1960 1989 - 1992 • Same as Coast Guard

Rainbow Hill . . ..

1975 1998 - 2001 • Same as Caribe Breeze

Floor plans of each type of housing unit are included in Appendix B, and exterior photographs are

presented in Appendix D.

4

2.0 ASBESTOS-CONTAINING MATERIAL INSPECTION

2.1 Regulatory Background

In the 1970s and 1980s, the EPA banned the use of asbestos-containing spray-on materials, molded

and wet applied asbestos, asbestos-containing thermal system insulation, and asbestos in acoustical or

decorative applications. As of 1989, the EPA planned to ban the use of asbestos in other products.

The ban was originally designed to be put into place in three phases; however, in 1991 the EPA ban

was repealed. Because of the repeal, only the first stage of the ban was implemented. Products

included in the first phase of the ban were felt products and asbestos cement products.

Several federal regulations pertain to managing ACMs. AHERA, 40 CFR 763 Subpart E, is perhaps

the most well known asbestos regulation. The EPA developed AHERA to protect children in the

United States from deteriorating ACMs in school buildings. AHERA was enacted in 1986 and

required school systems to identify ACMs in all of their school buildings. AHERA also required

school systems to develop management plans for the ACMs identified in schools and established

reporting and record keeping requirements for educational authorities. Although AHERA is

applicable only to schools, many of the accreditation requirements and sampling methodologies

established by

the act have been incorporated into the asbestos inspection industry's procedures. ASHARA requires

individuals working in public or commercial buildings to be AHERA accredited if they are

performing ACM abatement projects, supervising ACM abatement projects, designing ACM

abatement projects, or inspecting building for ACMs. The EPA NESHAPS requires inspections for

ACM prior to renovation or demolition of structures, except for residential buildings with four or

fewer dwelling units. NESHAPS contains work practice and disposal requirements for regulated

ACM, which is defined as ACM that is friable or that is likely to become friable during renovation or

demolition activities. The definition of a friable material is one that can be crushed, pulverized, or

reduced to powder under hand pressure when dry. The definition of a non-friable material is one that

cannot be crushed, pulverized, or reduced to powder under hand pressure when dry.

The Puerto Rico Environmental Quality Board (EQB) regulates ACM inspection, management,

removal, and disposal activities. The majority of the regulations are found in the EQB's Regulation

for the Control of Atmospheric Pollution Rules 102, 422, and 501. The rules require permits,

notifications, training, and work plan submissions to EQB, among other items.

5

OSHA developed the Occupational Exposure to Asbestos regulation to help protect workers from

asbestos hazards. The regulation defined Class I through IV asbestos work, established asbestos

exposure limits, and implemented asbestos worker protection requirements. Unlike the EPA's

regulations, the OSHA regulation was specifically written to protect workers rather than the public.

The Puerto Rico Occupational Safety and Health Administration has adopted the federal standard.

Baker reviewed the Federal Property Management Regulations 41 CFR 101-47.304-13 and BRAC

policy to identifY regulations and guidelines for transferring properties with ACMs. Based on the

review of the information, the Navy is required to disclose all knowledge of ACMs at NAPR Housing

to any bidders or transferees. This report should be given to parties interested in NAPR Housing and

will serve as the disclosure vehicle. As stated in the Federal Property Management Regulations, any

bidders on NAPR Housing should be provided with a "Notice of the Presence of Asbestos

Warning!". The notice can be found in 41 CFR 101-47.304-13.

2.2 Methodology

Baker was unable to obtain any previous ACM reports for the housing communities. It is not known

if previous ACM surveys were conducted.

Baker conducted the asbestos inspection in accordance with AHERA, ASHARA and OSHA asbestos

regulations. AHERA-accredited asbestos inspectors identified building materials that could contain

asbestos. Building materials were then grouped into homogeneous materials. Homogeneous

materials are defined as building materials similar in appearance and texture. The asbestos inspectors

then collected representative bulk material samples from each homogeneous material in general

accordance with AHERA guidelines. Insulation materials that appeared to be composed offiberglass

were not considered potential (i.e., suspect) ACM. For each homogeneous material, the material

description, location(s), approximate quantity, friability, condition, accessibility, and potential for

damage were recorded.

In accordance with the Scope of Work, the number of samples for each homogeneous material was

based on the quantity of homogeneous material present throughout the inspected housing units, as

follows:

6

• .:s 1000 square feet - 3 samples


• > 5000 square feet - 7 samples

Sample results from a homogeneous material represent the asbestos content for the homogeneous

material throughout each particular housing community, regardless of the sample locations.

As per the scope of work, Baker sampled wallboard and associated j oint compound as a composite

material. The results are reported for individual layers as well as for the composite material.

Bulk building material samples were sent to Schneider Labs for analysis using polarized light

microscopy with dispersion staining. Schneider Labs is accredited for asbestos analysis through the

National Voluntary Laboratory Accreditation Program (NVLAP). Homogeneous materials were

analyzed until a positive identification of asbestos was made or until all samples of the material were

determined to contain less than or equal to 1 percent asbestos. Samples found to contain detectable,

but less than 1 percent asbestos, were further analyzed by point count methodology to more

accurately define their asbestos content. Quality Control (QC) samples, one per 10 bulk samples,

were collected in accordance with the Scope of Work and were analyzed by RJ Lee Group, Inc.,

another NVLAP accredited laboratory. QC sample results were generally consistent with bulk sample

results. However, where conflicting lab results were indicated (i.e., one lab found the material to

contain greater than 1 percent asbestos and the other did not), the material was considered to be

ACM. Laboratory reports are included in Appendix C. Inspector and laboratory certifications are

included in Appendix A.

2.3 Selecting Units for Inspections

Per the Scope ofW ork, ACM inspections were performed in 19 of32 Algodones housing units, 26 of

136 Caribe Breeze housing units, 26 of 139 Cascajo Point housing units, all six Coast Guard housing

units, all three FDR Drive housing units, 26 of262 Manatee Bay housing units, 27 of275 Mangrove

Manor housing units, and 24 of 88 Rainbow Hill housing units. NAPR Housing units selected for

ACM inspection were chosen randomly. Units selected for ACM inspection are listed in Table D

below. All units were vacant at the time of the inspections.

7

· - --Table D. Ullits Selected for ACM IiIspectionatNAPRllousing

8

2 Hancock Circle

20 Hancock Circle

9

Table D .. Ulli1:sSeleded f()rAGMIn~JleCiiOJiat NA~RIfoiisirig

20B Nimitz Drive

22B Nimitz Drive

I 23A Nimitz Drive

2.4 Disclaimer

Baker was contracted to perform an ACM inspection of NAPR Housing that would meet the

requirements of an Operations and Maintenance Program for ACMs. As such, the inspection was not

destructive and did not involve breaking into pipe chases, interstitial spaces or other inaccessible

building areas. Therefore, ACMs may exist within inaccessible building areas. The presence or

absence of ACMs applies only to materials sampled on the dates of the field visit. It should be noted

that conditions might change due to vandalism, deterioration, or maintenance activities. Ongoing

monitoring by the owner or transferee is necessary. If additional materials suspected of containing

11

asbestos are identified during renovation or demolition activities, they should be assumed to be

ACMs or should be sampled and analyzed before being disturbed.

2.5 Summary of Asbestos-Containing Materials

By definition, an ACM contains greater than 1 percent asbestos. Table E below lists the ACMs

identified within NAPR Housing by community. Note that additional ACMs may be present in the

communities. ACMs were not identified in Rainbow Hill. Floor plans of typical units are presented

in Appendix B. For a complete listing of the materials tested for asbestos, refer to Table 1 (for each

housing community) following the text of this report.

TableE. ACMs Id~ntified !ltNAPR Housing

Vinyl Floor Tile, 9" x 9" tan with brown streaks Floor Adhesive, under 9" x 9" tan with LRJ DR, Hall 1, BRl, BR2, and BR3 brown streaks vin I floor tile Vinyl Floor Tile, 9" x 9" gray with black BRI and BR2 streaks Floor Adhesive, under 9" x 9" gray with BRI and BR2 black streaks vin I floor tile

Floor Adhesive, under l' xl' brown with LRJDR red streaks vin I floor tile Vinyl Floor Tile, 9" x 9" gray with white BRl, BR2, BR3, Hall, and LRJDR streaks Floor Adhesive, under 9" x 9" gray with BRl, BR2, BR3, Hall, and LRJDR white streaks vin 1 floor tile Floor Adhesive, under l' xl' tan mottled BRl, BR2, BR3, and Hall vin I floor tile Vinyl Floor Tile, l' xl' brown with tan LRJDR streaks

12

47%

42%

42%

66%

66%

33%

33%

TableE . A;CMs Ide~~ifi~d atNt\.P~II().?:s~~~ ...•.....•. '. '., .

...•. . .... "~)':' ,',fe" ," ..';'; .<' .

Material. '.,

Locatiol1 '.' AppfoxiriliitePercenfof Units .. .... .. ..' . '''With ACMs'"

;:.. . ':.';.:. '.: '" .. ' ••• MiihateeBay '" '; .. '; ..•.. / ...... :. . ; .... ; Vinyl Floor Tile, I' x I' yellow mottled LR, DR, Kitchen, Hall, BRI, BR2, and 3%

BRJ Black Floor Adhesive, under I' x I' LR, DR, Kitchen, Hall, BRI, BR2, and 7% yellow mottled and I' x I' brown with BR3 orange and white stripes vinyl floor tiles

'" ....... ... / ..•. .. " ..•.• Mangrove Man()r .... < ..•. ' ./ ' .. '. . ... :1' ;',

Vinyl Floor Tile, I' x I' brown mottled LR, DR, Kitchen, Hall, BRI, BR2, BRJ, 33% andBR4

Black Floor Adhesive, under I' x I' LR, DR, Kitchen, Hall, BRI, BR2, BRJ, 88% brown mottled, I' x I' white with brown andBR4 streaks, I' x I' light brown mottled, I' x I' brown with light brown streaks, I' x I' brown with white streaks, I' x I' white with gray specks, and I' x I' white with black streaks vinyl floor tiles

., .'\ .. '. ' . " ," Mangrove Manor

Vinyl Floor Tile, I' x I' brown with light LR, DR, Kitchen, Hall, BRI, BR2, BRJ, 4% brown streaks andBR4 Vinyl Floor Tile, I' x I' white with black LR, DR, Kitchen, Hall, BRI, BR2, BR3, 7% streaks andBR4 Vinyl Floor Tile, I' x I' tan mottled LR, DR, Kitchen, Hall, BRI, BR2, BRJ, 7%

andBR4 Black Floor Adhesive, under I' x I' tan LR, DR, Kitchen, Hall, BRI, BR2, BRJ, 11% mottled and I' x I' white mottled vinyl andBR4 floor tiles Vinyl Floor Tile, I' x I' white mottled LR, DR, Kitchen, Hall, BRI, BR2, BRJ, 4%

andBR4 Sink Coating, black Kitchen 96%

Table 2 (for each housing community) following the text ofthis report provides additional details on

the ACMs that were identified, including asbestos content, friability, and total quantities for the

housing units that were inspected. Tables F through L, following Table E, list the ACMs identified

by housing unit address. Appendix D contains photographs of the identified ACMs. A CD that

includes these photographs accompanies this report.

13

Table F. ACMs Identified by Address for Algodones

889G Algodones

889H Algodones

89lD "L~:UUl'OC~

893C Algodones

This Undamaged

Undamaged

Undamaged

897G f\1!l:OClcmes

897H M.IM,UUCOJ'C>

Undamaged

14

Table G. ACMs Identified by Address for Caribe Breeze

Undamaged

15

Table H. ACMs Identified by Address for Cascajo Point

16

Table l. ACMs Identified by Address for Coast Guard

1677 Intrepid Street Undamaged

1678 Intrepid Street Undamaged

1679 Intrepid Street 007 Undamaged

17

Table J. ACMs Identified by Address for FDR Drive

Adhesive (Black, Under 9" X 9" Gray 007 Is The Adhesive For Material #006. Undamaged White Streaks Vinyl Floor Tile)

3 FDRDrive 009 Is The Adhesive For Material #007. Undamaged

Tile ( I ' X I' Brown With Tan 011 Adhesive For This Material Is Matelial Undamaged 12. This Materiatls Located Below The

5 FOR Drive Floor Adhesive (Black, Under l' Xl' Brown 005 Undamaged With Red Streaks Vinyl Floor Tile)

Vinyl Floor Tile (9" X 9" Gray With White 006 Undamaged Streaks)

Adhesive (Black, Under 9" X Is The Adhesive For Material #006. Undamaged White Streaks Vinyl Floor Tile)

18

Table K. ACMs Identified by Address for Manatee Bay

(Black, Under l' X l' Yellow Damaged I' Brown With White And Ornnge Stripes Vinyl Floor

7 Intrepid Street Adhesive (Black, Under I' X I' Yellow Mottled Damaged I' Brown With White And Orange Stripes Vinyl Floor

19

, ... ..... - .. ---------

, Table 1" ACMs Identified by Address for Mangrove Manor

This Is The Adhesive For #005, #006, #007, #008, #009, And #010.

Adhesive For This Material Is Material Undamaged

12 Saratoga Road

17 Essex Drive Undamaged

18 Enterprise Drive Material Is Material Undamaged

19 Saratoga Road

2 Essex Drive

20 Saratoga Road

25 Enterprise Drive

Damaged

31 Saratoga Road

32 Wasp Drive

20

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

Table L. ACMs Identified by Address for Mangrove Manor

This Is The Adhesive For Material #011. Damaged

41 Enterprise Drive For This Material Is Material

46 Lexington Drive

011 The Adhesive For #012.

012 This Is The

47 Lexington Drive Adhesive For This Material Is Material

Undamaged

50 Saratoga Road

54 Enterprise Drive

6 Ticonderoga Street

6 Wasp Drive

68 Saratoga Road

9 Lexington Drive Adhesive For This Material Is Material Undamaged

2.6 Summary of Hazards

Base Realignment and Closure (BRAC) policy considers an ACM to be a hazard when it meets all

three ofthe following conditions: friable, accessible, and damaged. No ACM hazards were identified

in the 158 NAPR Housing units that were inspected. Per the Scope of Work, Baker did not conduct

walk-through inspections of all NAPR Housing units to identify ACMs and ACM hazards.

Therefore, additional ACMs and ACM hazards may be present at NAPR Housing.

If renovation or demolition of housing units is scheduled, a more comprehensive ACM inspection

should be conducted to attempt to identify hidden ACM (e.g., behind walls, above ceilings, etc.) that

would not have been identified during this non-destructive, baseline study. Also, prior to renovation

or demolition, ACM removal and disposal activities must be completed in accordance with EPA,

Puerto Rico OSHA, Puerto Rico EQB, and other applicable federal and local regulations.

22

Final

Asbestos Inspection Report for

Naval Activity Puerto Rico Ceiba, Puerto Rico

Volume 1 of 7

(Text and Appendices A through D)

Contract N 62472 -01 - 0-1440 e Project N umber 14 • J un e 2005

TABLE OF CONTENTS

EXECUTIVE SUMMARy ...................................................................................................... ES-1

1.0 INTRODUCTION ............................................................................................................. 1 1.1 Buildings Overview .............................................................................................. 2

2.0 ASBESTOS-CONTAINING MATERIAL INSPECTION ........................................... 2 2.1 Regulatory Background ........................................................................................ 2 2.2 Methodology ......................................................................................................... 4 2.3 Disclaimer ............................................................................................................. 7 2.4 Summary of Asbestos-Containing Materials ........................................................ 7 2.5 Summary of Hazards ............................................................................................. 7

3.0 RECOMMENDATION .................................................................................................... 8

Table A Table B Table C

Appendix A AppendixB Appendix C AppendixD AppendixE

LIST OF TABLES

ACM Hazards Identified Buildings Not Inspected ACM Hazards Identified

LIST OF APPENDICES

Training Certificates and Certificates of Accreditation NAPRMap NAPR Buildings List Analytical Laboratory Reports for Quality Control (QC) Samples Building-Specific Summaries

EXECUTIVE SUMMARY


asbestos-containing material (ACM) inspection of 546 buildings at Naval Activity Puerto Rico

(NAPR), located near Ceiba, Puerto Rico. An inspection of military family housing at NAPR was

conducted simultaneously and is documented in a companion Baker report, Asbestos Inspection

Report, Military Family Housing, for Naval Activity Puerto Rico, dated June 2005. The work was

performed so that the federal government can transfer the properties. The Navy is considered the

owner of all properties referenced in this report. The work was performed in accordance with the

Scope of Work: Asbestos Survey, Naval Activity Puerto Rico, dated September 9, 2004, under

Contract Number N 624 72-01-D-1440. Field work for the project was performed from December 1,

2004 to February 15,2005.

The years of construction for the buildings at NAPR were not readily available. The buildings were

predominantly vacant at the time of the inspections, and had served various purposes, including, but

not limited to, dormitory-style housing, offices, and warehouses. The construction ofthe buildings

varied widely, and sizes ranged from approximately 35 square feet to 131,000 square feet. The

condition of the buildings ranged from poor to good.

Baker and NAPR staffwere unable to locate 14 ofthe buildings, and three could not be accessed due

to lack of keys, impassable access roads, or safety issues. In addition, 13 buildings had been removed

according to NAPR staff and/or observation. Six buildings were inspected as a part of the

simultaneously conducted housing inspections. A summary ofthis information is presented in Table

B in Section 2.2.

A total of2,006 homogeneous materials were identified during this investigation. Of those, 317 were

found by laboratory analysis to be ACM, and five were assumed to be ACM due to access or safety

issues that precluded sampling. The ACMs that were identified are presented in the building-specific

sections of the report, which are included in Appendix E.

Base Realignment and Closure (BRAC) policy considers ACM to be a hazard when it meets all three

ofthe following conditions: friable, accessible, and damaged. Several ACM hazards were identified

in the buildings. Table A below summarizes those hazards.

ES-l

••• TabJeA.AtM Hazardsldentified :

.' :.

BllildiD2Nurriber :.! . .. '

Mat(;!riaJ '. :. .,

I • : ·Quantity . ....

31 Pipe Insulation 2lf 296 Pipe Insulation 20 If 426 Duct Insulation 34 sf 598 Pire Insulation 6lf 1686 Pipe and Fitting Insulation 1lf

Recommendations include the following: 1) The ACM hazards identified should be remedied prior

to transfer ofthe properties. 2) The information on the presence and location of all ACMs should be

communicated to the property transferee. 3) If renovation or demolition of buildings is scheduled, a

more comprehensive ACM inspection should be conducted to attempt to identifY hidden ACM (e.g.,

behind walls, above ceilings, etc.) that would not have been identified during this non-destructive,

baseline study. Also, prior to renovation or demolition, ACM removal and disposal activities must be

completed in accordance with EPA, Puerto Rico OSHA, Puerto Rico EQB, and other applicable

federal and local regulations.

ES-2

1.0 INTRODUCTION


asbestos-containing material (ACM) inspection of 546 buildings at Naval Activity Puerto Rico

(NAPR), located near Ceiba, Puerto Rico. An inspection of military family housing at NAPR was

conducted simultaneously and is documented in a companion Baker report, Asbestos Inspection

Report, Military Family Housing, for Naval Activity Puerto Rico, dated June 2005. The work was

performed so that the federal government can transfer the properties. The Navy is considered the

owner of all properties referenced in this report. The work was performed in accordance with the

Scope of Work: Asbestos Survey, Naval Activity Puerto Rico, dated September 9, 2004, under

Contract Number N 624 72-01-D-1440. Field work for the project was performed from December 1,

2004 to February 11,2005.


• Appendix A contains copies of training certificates for the Baker and Environmental

Development and Sustainability, Inc. (EDS, Baker subcontractor) staffwho conducted the

investigation and the certificates of accreditation for the laboratories that conducted sample

analysis.

• Appendix B contains an NAPR map that shows building locations

• Appendix C contains a list of the buildings that were included in the scope of work

• Appendix D contains the analytical laboratory results for the quality control (QC) samples

that were collected

Appendix E of this report contain building-specific summaries. These sections include a brief

description ofthe number/type of suspect materials and ACM identified, summary tables ofidentified

homogeneous materials and ACMs, photographs, sample location / ACM location drawings, and

analytical laboratory reports.

All of the photographs that are presented in this report are included on a CD that accompanies this

report. In addition, all ACM data presented in this report is included in three excel files on a CD that

accompanies this report.


policies:

• 29 CFR 1926.1101 - OSHA Asbestos Construction Standard

• 40 CFR 763 - Asbestos Hazard Emergency Response Act (AHERA) and Asbestos School

Hazard Reauthorization Act (ASHARA) as Amended

• Puerto Rico Environmental Quality Board Regulation for the Control of Atmospheric

Pollution, Rules 102,422, and 501


Regulations: Utilization and Disposal of Real Property

It 15 United States Code 2680,2681 and 2688 -Toxic Substances Control Act

• Department of Defense (DoD) Base Realignment and Closure Act (BRAC) Policy on

Asbestos, Lead Paint and Radon Policies at BRAC Properties (October 31, 1994)

• EPA 560/5-85-030a - Asbestos in Buildings: Simplified Sampling Scheme for Friable

Surfacing Materials

1.1 Buildings Overview

The years of construction for the buildings at NAPR were not readily available. The buildings were

predominantly vacant at the time of the inspections, and had served various purposes, including, but

not limited to, dormitory-style housing, offices, and warehouses. The construction of the buildings

varied widely, and sizes ranged from approximately 35 square feet to 131,000 square feet. The

condition of the buildings ranged from poor to good.

2.0 ASBESTOS-CONTAINING MATERIAL INSPECTION


In the 1970s and 1980s, the EPA banned the use of asbestos-containing spray-on materials, molded

and wet applied asbestos, asbestos-containing thermal system insulation, and asbestos in acoustical or

decorative applications. As of 1989, the EPA planned to ban the use of asbestos in other products.

The

2

ban was originally designed to be put into place in three phases; however, in 1991 the EPA ban was

repealed. Because of the repeal, only the first stage of the ban was implemented. Products included in

the first phase of the ban were felt products and asbestos cement products.

Several federal regulations pertain to managing ACMs. AHERA, 40 CFR 763 Subpart E, is perhaps

the most well known asbestos regulation. The EPA developed AHERA to protect children in the

United States from deteriorating ACMs in school buildings. AHERA was enacted in 1986 and

required school systems to identify ACMs in all of their school buildings. AHERA also required

school systems to develop management plans for the ACMs identified in schools and established

reporting and record keeping requirements for educational authorities. Although AHERA is

applicable only to schools, many of the accreditation requirements and sampling methodologies

established by the act have been incorporated into the asbestos inspection industry'S procedures.

ASHARA requires individuals working in public or commercial buildings to be AHERA accredited if

they are performing ACM abatement projects, supervising ACM abatement projects, designing ACM

abatement projects, or inspecting building for ACMs. The EPA NESHAPS requires inspections for

ACM prior to renovation or demolition of structures, except for residential buildings with four or

fewer dwelling units. NESHAPS contains work practice and disposal requirements for regulated

ACM, which is defined as ACM that is friable or that is likely to become friable during renovation or

demolition activities. The definition of a friable material is one that can be crushed,

pulverized, or reduced to powder under hand pressure when dry. The definition of a non

friable material is one that cannot be crushed, pulverized, or reduced to powder under hand

pressure when dry.

The Puerto Rico Environmental Quality Board (EQB) regulates ACM inspection, management,

removal, and disposal activities. The majority of the regulations are found in the EQB 's Regulation

for the Control of Atmospheric Pollution Rules 102, 422, and 501. The rules require permits,

notifications, training, and work plan submissions to EQB, among other items.

OSHA developed the Occupational Exposure to Asbestos regulation to help protect workers from

asbestos hazards. The regulation defined Class I through IV asbestos work, established asbestos

exposure limits, and implemented asbestos worker protection requirements. Unlike the EPA's

regulations, the OSHA regulation was specifically written to protect workers rather than the public.

The Puerto Rico Occupational Safety and Health Administration has adopted the federal standard.

3

Baker reviewed the Federal Property Management Regulations 41 CFR 101-47.304-13 and BRAC

policy to identifY regulations and guidelines for transferring properties with ACMs. Based on the

review of the information, the Navy is required to disclose all knowledge of ACMs atNAPR to any

bidders or transferees. This report should be given to parties interested in the NAPR buildings and

will serve as the disclosure vehicle. As stated in the Federal Property Management Regulations, any

bidders on NAPR buildings should be provided with a "Notice of the Presence of Asbestos

Warning!". The notice can be found in 41 CFR 101-47.304-13.

2.2 Methodology

Baker reviewed several previous ACM reports that had been prepared by others for several of the

NAPR buildings. However, Baker elected to not utilize these reports due to their age. Therefore, the

inspections were approached as if the buildings had never been inspected.

Baker, with assistance from Environmental Development and Sustainability, Inc., conducted the

asbestos inspections in accordance with AHERA, ASHARA and OSHA asbestos regulations during

the period of December 1,2004 to February 15,2005. NAPR staff assisted in locating buildings and

providing access. AHERA-accredited asbestos inspectors identified building materials that could

contain asbestos. Building materials were then grouped into homogeneous materials. Homogeneous

materials are defined as building materials similar in age, appearance, and texture. The asbestos

inspectors then collected representative bulk material samples from each homogeneous material in

general accordance with AHERA guidelines. Insulation materials that appeared to be composed of

fiberglass were not considered potential (i.e., suspect) ACM. For each homogeneous material, the

material description, location(s), approximate quantity, friability, condition, accessibility, and

potential for damage were recorded.

In accordance with the Scope of Work, the number of samples for each homogeneous material was

based on the quantity of homogeneous material present throughout the building, as follows:



• > 5000 square feet - 7 samples

4

Sample results from a homogeneous material represent the asbestos content for the homogeneous

material throughout each particular building, regardless of the sample locations.

As per the scope of work, Baker sampled wallboard and associated joint compound as a composite

material. The results are reported for individual layers as well as for the composite material.

Bulk building material samples were sent to Schneider Labs for analysis using polarized light

microscopy with dispersion staining. Schneider Labs is accredited for asbestos analysis through the

National Voluntary Laboratory Accreditation Program (NVLAP). Homogeneous materials were

analyzed until a positive identification of asbestos was made or until all samples ofthe material were

determined to contain less than or equal to 1 percent asbestos. Samples found to contain detectable,

but less than 1 percent asbestos, were further analyzed by point count methodology to more

accurately define their asbestos content. Quality Control (QC) samples, one per 10 bulk samples,

were collected in accordance with the Scope of Work and were analyzed by RJ Lee Group, Inc.,

another NVLAP accredited laboratory. QC sample results were generally consistent with bulk sample

results. However, where conflicting lab results were indicated (i.e., one lab found the material to

contain greater than 1 percent asbestos and the other did not), the material was considered to be

ACM. Laboratory reports are included in the building-specific summaries. Laboratory reports for QC

samples are included in Appendix D. Inspector and laboratory certifications are included in

Appendix A.

Table B below shows the buildings that: 1) were inspected as a part of the simultaneously conducted

housing inspections (Project 15); 2) were removed according to NAPR staff and/or observation; 3)

could not be located by Baker and NAPR staff; and 4) could not be accessed due to lack of keys,

impassable access roads, or safety issues.

5

Table B. Buildings Not Inspected

InCiuded;11

Housing

tnsp~ctipIjs

889 871 157 38*

891 2003 247 500 (partial)

893 2191 2222 774 (partial)

895 2224 2314 2439

897 2388 2389 3006

899 2424 2395

2438 2442

2488 2455

2496 2582

2508 2583

2564 3150

2601 6000

2685 6001

6003

* In December 2004, Baker requested that Building 38 be removed from the scope of work due to health and safety issues related to the following: no lighting, PCB-contaminated concrete and soil, dilapidated floors, bat infestation and related bat waste, water-filled trenches, and extensive ACM debris. EFANE indicated that Building 38 is part of another on-going

environmental investigation, and agreed that Building 38 could be removed from the scope of work.

6

2.3 Disclaimer

Baker was contracted to perform an ACM inspection of NAPR buildings that would meet the

requirements of an Operations and Maintenance Program for ACMs. As such, the inspection was not

destructive and did not involve breaking into pipe chases, interstitial spaces or other inaccessible

building areas. Therefore, ACMs may exist within inaccessible building areas. The presence or

absence of ACMs applies only to materials sampled on the dates of the field visit. It should be noted

that conditions might change due to vandalism, deterioration, or maintenance activities. Ongoing

monitoring by the owner or transferee is necessary. If additional materials suspected of containing

asbestos are identified during renovation or demolition activities, they should be assumed to be

ACMs or should be sampled and analyzed before being disturbed.

2.4 Summary of Asbestos-Containing Materials

A total of 2,006 homogeneous materials were identified. Of those, 317 were found by laboratory

analysis to be ACM, and five were assumed to be ACM due to access or safety issues that precluded

sampling. By definition, an ACM contains greater than 1 percent asbestos. Table 1 in each building

section indicates all of the suspect homogeneous materials that were identified for that particular

building. Table 2 in each building section provides the following information on each of the

identified ACMs: homogeneous material number, material description, asbestos percentage and type,

friability, location, condition, and comments.


Base Realignment and Closure (BRAC) policy considers an ACM to be a hazard when it meets all

three of the following conditions: friable, accessible, and damaged. Friable, accessible, and damaged

ACM that were identified are presented in Table 3 in each building section. A summary of all

friable, accessible, and damaged ACM identified is presented in Table C below.

7

I·'·.· • . ..

.' . ...•. 'fableC. ·ACM·llazardsldel1.tifi~d. ~~&t.~ . . ..... ,

.... . ... J3uildingNulllber .'. '.' Material . .. --'-"- .. " ..

QuantitY ..

.'. L:. 31 Pipe Insulation 2lf

296 Pipe Insulation 20 If 426 Duct Insulation 34 sf 598 Pipe Insulation 6lf 1686 Pipe and Pipe Fitting 1 If

Insulation

3.0 RECOMMENDATIONS

• The information on the presence and location of all ACMs should be communicated to the

property transferee.

• The ACM hazards identified should be remedied prior to transfer of the properties.

• If renovation or demolition of buildings is scheduled, a more comprehensive ACM

inspection should be conducted to attempt to identify hidden ACM (e.g., behind walls, above

ceilings, etc.) that would not have been identified during this non-destructive, baseline study.

Also, prior to renovation or demolition, ACM removal and disposal activities must be

completed in accordance with EPA, Puerto Rico OSHA, Puerto Rico EQB, and other

applicable federal and local regulations.

8

Final

Lead-Based Paint Inspection/ Risk Assessment Report

for

Military Family Housing Naval Activity Puerto Rico

Ceiba, Puerto Rico Volume I of II

(Text and Appendices A through E)

Contract N62472-01-0-1440 ® Project Number 15 ell June 2005

TABLE OF CONTENTS

EXECUTIVE SUMMARY .................................................................................................... ES-1

1.0 INTRODUCTION ............................................................................................................ 1 1.1 Housing Community Overview ............................................................................. 2

2.0 LEAD-BASED PAINT INSPECTION ........................................................................... 5 2.1 Regulatory Background ......................................................................................... 5 2.2 Methodology .......................................................................................................... 6 2.3 Selecting Units for Inspection ................................................................................ 7 2.4 Disclaimer ............................................................................................................ 11 2.5 Results ................................................................................................................ 11

3.0 LEAD-BASED PAINT RISK ASSESSMENT ............................................................. 12 3.1 Regulatory Background ...................................................................................... 12 3.2 Methodology ....................................................................................................... 12 3.3 Selecting Units for Assessment .......................................................................... 13 3.4 Summary of Hazards ........................................................................................... 13

(Within Text)

Table A Table B Table C Table D Table E Table F

LIST OF TABLES

Renovation History for NAPR Housing Summary of LBP Issues at NAPR Housing Renovation History for NAPR Housing Lead-Based Paint Hazard Reduction Act (Title X) Units Selected for LBP Inspection at NAPR Housing LBP Hazards Identified in LBP Risk Assessed Units at NAPR Housing

(Following Text)

Tables 1-8 Table 9 Table 10-13

Appendix A AppendixB Appendix C AppendixD Appendix E AppendixF

Summary ofLBP Results for NAPR Housing Summary ofLBP Results by Housing Community Summary ofLBP Hazards for NAPR Housing

LIST OF APPENDICES

NAPR Map and Floor Plans Training Certificates, Licenses, and Certificates of Accreditation Performance Characteristic Sheet, XRF Analyzer Calibration Data Analytical Laboratory Reports Photographs Paint, Soil, Dust, and Building Condition Data

EXECUTIVE SUMMARY

The US Navy Engineering Field Activity Northeast contracted Baker to perform lead-based paint

(LBP) inspections and LBP risk assessments in military family housing at Naval Activity Puerto


government can transfer the properties. The Navy is considered the owner of all properties

referenced in this report. The work was performed in accordance with the Scope of Work: Lead

Based Paint Inspection and Risk Assessment, and Asbestos Survey For Residential Property

Transfer, dated September 9, 2004, under Contract Number N62472-01-D-1440. Field work for

the project was performed from January 5, 2005 to February 11, 2005.

NAPR housing was reportedly constructed between 1960 and 1975 and contains 962 two, three,

and four-bedroom apartment style, duplex, and single-family housing units. NAPR housing

consists of eight communities: Algodones, Caribe Breeze, Cascajo Point, Coast Guard, FDR

Drive, Manatee Bay, Mangrove Manor, and Rainbow Hill. Twenty-seven of the housing units in

Manatee Bay are of original construction, while the remaining 935 units were renovated to

varying degrees beginning in 1989. The square footage of the units ranges from 1023 to 2105

square feet. The concrete-framed buildings have concrete or ceramic exterior finishes. Interior

walls are painted gypsum board and concrete. The units are generally in good condition.

Table A below summarizes the renovation history for the communities, as provided by the

housing office manager.

889C, 889E, 889F, 889G, 889H, 891A, 89lD, 893B, 893C, 895A, 895B, 895C, 897A, 897B, 897D, 897F, 897G, 897H, and 899B

Two, Three, and Four Bedroom ApartmentStyle Units

1960

ES-l

1991 • Installation of carpeting • Remodel bathrooms and kitchens • Replace doors and windows

Table A. Renovation History for NAPRHousing Address of Style of Date of Datees) of Descriptioll of

Units Inspected Housing Con st. Renov. Renovation ; > ClIribe Breeze »

lA, 2C, 5B, 6B, IOD, Two, Three, and Four 1974 2001 - 2003 • Remove LBP and ACM 11A, 15A, 16B, 17C, Bedroom Duplex Units • Repaint all walls inside and outside 20A, 20B, 21B, 25C, • Replace vinyl floor tile with 25A, 28A, 31B, 34B, ceramic tile 35A, 37A, 38B, 39C, • Replace AlC ductwork and central 43B, and 47 A American AlC units Circle • Upgrade electrical systems 92A Saratoga Road • Replace entrance doors IB and 4B Point Cruz • Reconfigure outside storage areas


bathroom • Replace windows • Install ceiling fans • Replace carpeting in upstairs of 2-

bedroom units

· Cascajo Point

6,11,16,21,24,30, Two, Three and Four 1960 1998 - 2001 • Remove LBP and ACM and 31 FDR Drive Bedroom Single Family • Construct screened-in porches 6 Bataan Drive Houses • Repaint all walls inside and outside 5 and 14 San Jacinto • Replace vinyl floor tile with Road ceramic tile 4,7, and 13 Cowrens • Replace AlC ductwork and central Drive AIC units 4,5,13, 14, 19,26,29, • Upgrade electrical systems 30, and 43 Monterey • Replace kitchen cabinets Road • Remodel laundry areas 2,5, 12, and 14 Cabot • Replace bathroom fixtures and tiles Lake • Reconfigure master bedrooms and

bathroom • Install ceiling fans

Coast Guard

1675,1676,1677,1678, Three and Four 1960 1989 - 1992 • Replace floors tiles 1679, and 1680 Intrepid Bedroom Single Family • Replace kitchen cabinets Street Houses • Install central AlC

• Replace aluminumjealously windows with French type glass louvered windows

> ;; »»»»;» »

»»;> »>' »'>, FDRDrive ',', ' "

"»,'» ".

1,3, and 5 FDR Drive Three Bedroom Single 1960 1999 - 2000 • Remove LBP and ACM Family Houses • Replace carpeting

• Repaint all walls inside and outside • Replace AlC ductwork • Reconfigure mechanical room • Upgrade electrical systems • Replace kitchen floors and cabinets • Remodel bathrooms including

replace bathroom fixtures ( not I FDR)


ES-2

.. <": .. ' .. Table A.Renoyation Histofy forNAPR Housing ". " . .. ....

' •. Address of .~tyleof . pate Of . Date(s) of . .D!!s~ripti9Ilof If nits 'ins~ected HOllsing Gonst. RenoV, . RenbVati6D:

.... ••• •••• .: .. : ........•..... '.' .: ........... ". MariateeBily .... ....... ..,;. :: .....;. ,: 6 and 7 Intrepid Street Two, Three and Four 1960 2001 - 2003 • Remove LBP and ACM 8, 11,20,36,38,49,52, Bedroom Single Family • Construct screened-in porches and 60 Ranger Road Houses • Repaint all walls inside and outside 2 and 20 Hancock • Replace vinyl floor tile with Circle ceramic tile 4 and 15 Coral Sea • Replace AlC ductwork and central Drive A/C units 3 and 18 Franklin Drive • Upgrade electrical systems 8, 19, and 26 Hornet • Reconfigure kitchens and replace Road kitchen cabinets 3, 11,21,32, and 35 • Remodel laundry areas Yorktown Circle • Replace bathroom fixtures and tiles 67,74, and 81 • Reconfigure master bedrooms and Lexington Drive bathroom

• Install ceiling fans . Manerove Manor

11,12,19,20,31,38, Two, Three and Four 1960 1989 - 1992 • Same as Coast Guard 50, 68, and 82 Saratoga Bedroom Single Family Road Houses 2, II, and 17 Essex Drive 6 Ticonderoga Street 18,25,34,41, and 54 Enterprise Drive 9,26,33,46, and 47 Lexington Drive 6, 15, and 32 Wasp Circle 7 Bunker Hill Road

, Rainbow lIiII 2A, 4A, 4B, 5B, 7A, Two, Three, and Four 1975 1998 - 2001 • Same as Caribe 8A, 10C, l3B, 14B, Bedroom Duplex and 15B, 16A, 18A, 19C, Apartment-Style Units 20B, 22B, 23A, 24A, 27A, 28B, 29B, 32A, 33B, 34A, and 36A Nimitz Drive

In accordance with Department of Housing and Urban Development (HUD) regulations, the

Navy is required to inspect and assess NAPR Housing for LBP and LBP hazards and disclose the

results of the inspection and assessment to the next owner. The risk assessment must occur no

more than 12 months prior to property transfer. Because the housing units were constructed in

1960 and later, LBP hazards are not required to be abated before the sale of the properties.

Baker was unable to obtain previous LBP reports for the properties. It is not known whether LBP

inspections and/or risk assessments were previously conducted.

ES-3

Baker performed LBP inspections in 19 of 32 Algodones housing units, 26 of 136 Caribe Breeze

housing units, 26 of 139 Cascajo Point housing units, all six Coast Guard housing units, all three

FDR Drive housing units, 26 of 262 Manatee Bay housing units, 27 of 275 Mangrove Manor

housing units, and 24 of 88 Rainbow Hill housing units in accordance with the Scope of Work.

All of the units were vacant at the time of the inspections. The inspections were performed in

accordance with federal regulations. Refer to Table C for a listing ofLBP components identified.

Baker also performed LBP risk assessments in the same units in which LBP inspections were

conducted. The risk assessments were performed in accordance with federal regulations. LBP

hazards were only identified in the Algodones, Coast Guard, Manatee Bay, and Mangrove Manor

housing communities, and include deteriorated LBP on various components and slightly elevated

lead in dust on floors. Hazards related to friction surfaces, impact surfaces, chewable surfaces,

and soil were not identified in these communities. No LBP hazard of any type was identified in

the Caribe Breeze, Cascajo Point, FDR Drive, and Rainbow Hill housing communities. Table B

summarizes the LBP-related issues for NAPR Housing housing. Tables 1-13 following the text of

this report expand upon the information in this table.

. ..

'fable B. Summary of LBP Issues at NAPR Housing

Community LBP-containing Components

, Addresses Assessed Units LBP.Hazards

Algodones

889A-H 889C, 889E, 889F, 889G, 889H, 891A, 891A-D 891D, 893B, 893C, 89SA, 89SB, 89SC, None Identified 893A-D 897A, 897B, 897D, 897F, 897G, 897H, 89SA-D and 899B 897A-H 899A-D

Dust - Floors

Caribe Breeze ..

IA-47B American lA, 2C, SB, 6B, IOD, llA, ISA, 16B, 17C, Concrete Wall

Circle 84-92 Saratoga 20A, 20B, 21B, 2SC, 2SA, 28A, 31B, 34B, Road 3SA, 37A, 38B, 39C, 43B, and 47A

1-4 Point Cruz American Circle None Identified 92A Saratoga Road

IB and 4B Point Cruz

ES-4

,

.. " TableB. Summary of LBPI~sues ~t NAPR Housing c: :'

Community LBP~containing Components

,

Addresses ,', A,ssessed,Units . ; ,cLBPHazards ,

" Cascajo Point ; .. 4-31 FDR Drive 6,11, 16, 21, 24, 30, and31 FDRDrive 1-8 Bataan Drive 6 Bataan Drive None Identified 1-20 San Jacinto Road 5 and 14 San Jacinto Road 1-19 Cowrens Drive 4,7, and 13 Cowrens Drive I-55 Monterey Road 4,5,13,14,19,26,29,30, and 43

None Identified 1-26 Cabot Lake Monterey Road 2,5,12, and 14 Cabot Lake

',', Coast Gtiard

1675,1676, 1677, 1678, Same Wood Ceiling, Wood Door Casing/Jamb/Stop, Wood Door, 1679, and 1680 Intrepid Wood Folding Door Casing, Wood Folding Door, Wood Shelf/ Street Coat Rack, Wood Shelf/Shelf Support, Wood Sliding Door

Casing, Wood Sliding Door Concrete Wall, and Drywall Wall

Deteriorated Paint - Wood Door Casing/Jamb/Stop Dust - Floors

FDRDrive 1,3, and 5 FDR Drive Same

None Identified

None Identified

I Manatee Bay I 1-20 Intrepid Street 6 and 7 Intrepid Street 1-60 Ranger Road 8, 11,20,36,38,49,52, and 60 Ranger None Identified 1-28 Hancock Circle, Road 2 and 20 Hancock Circle 1-37 Coral Sea Drive 4 and 15 Coral Sea Drive 1-18 Franklin Drive 3 and 18 Franklin Drive 1-26 Hornet Road 8, 19, and 26 Hornet Road Dust - Floors 1-54 Yorktown Circle 3,11,21,32, and 35 Yorktown Circle 67-93 Lexington Drive 67,74, and 81 Lexington Drive

Mangrove Manor, /

1-82 Saratoga Road, 11,12,19,20,31,38,50,68, and 82 .Ie. 1-22 Essex Drive Saratoga Road ' , 1-12 Ticonderoga Street 2, 11, and 17 Essex Drive Wall, Wood Sliding Door, and Wood Window Sash

1-60 Enterprise Drive 6 Ticonderoga Street I-58 Lexington Drive 18,25,34,41, and 54 Enterprise Drive 1-38 Wasp Circle 9,26,33,46, and 47 Lexington Drive Dust - Floors 1-8 Bunker Hill Road 6,15, and 32 Wasp Circle,

7 Bunker Hill Road

Rainbow Hill ". lA-36B Nimitz Drive 2A, 4A, 4B, 5B, 7A, 8A, lOC, I3B, 14B,

15B, 16A, 18A, 19C, 20B, 22B, 23A, 24A, None Identified 27A, 28B, 29B, 32A, 33B, 34A, and 36A Nimitz Drive

None Identified

ES-5

Table B. Summary of LBP Issues at NAPR Housing

For NAPR Housing:

Actions: I) Test the components inion the remaining 804 units that were not inspected for LBP, determine which components contain LBP, and assess for LBP hazards,

Or 2) Assume all like components contain LBP and assess the other 804 units for LBP hazards

HUD requires that LBP hazards be abated in housing constructed prior to 1960. Because the

housing units that were the subject of this study were reportedly constructed in 1960 or later,

abatement of the identified LBP hazards is not required by HUD.

Control options are nevertheless listed below.

Control options for deteriorated LBP include:

• Paint Film Stabilization (considered an interim control)

• Encapsulation

• Enclosure

• Paint Removal

• Building Component Replacement

Control options for dust include:

• Dust Removal

• Cover Bare Soil

Control options for soil include:

• Plant Grass or Sod

• Cover with Mulch

• Pave Over

• Soil Removal

Other recommendations include: 1) The property transferee should be made aware of the

presence of LBP and LBP hazards in the housing units, 2) Contractors who disturb LBP should

comply with the requirements of the Puerto Rico Occupational Safety & Health Administration

(OSHA) Lead Standard, which mirrors the federal OSHA standard (29 CFR 1926.62).

ES-6

1.0 INTRODUCTION

The US Navy Engineering Field Activity Northeast contracted Baker to perfonn lead-based paint

(LBP) inspections and LBP risk assessments in military family housing at Naval Activity Puerto


government can transfer the properties. The Navy is considered the owner of all properties

referenced in this report. The work was perfonned in accordance with the Scope of Work: Lead

Based Paint Inspection and Risk Assessment, and Asbestos Survey For Residential Property

Transfer, dated September 9, 2004, under Contract Number N62472-01-D-1440. Field work for

the project was perfonned from January 5, 2005 to February 11, 2005.


• Appendix A contains a map of NAPR that shows the locations of each of the housing

communities, and floor plans of each style of housing unit that was inspected.

• Appendix B contains inspector training certificates, company licenses, and laboratory

certificates of accreditation.

• Appendix C contains the Niton XRF Analyzer Perfonnance Characteristic Sheet and

XRF analyzer calibration data.

• Appendix D contains analytical laboratory reports.

• Appendix E contains photographs pertinent to the LBP inspection. A CD that includes

all of these photographs accompanies this report.

• Appendix F contains paint, soil sample, dust sample, and building condition data.


policies:

• 24 CFR 35, Subparts A, B, C and R -Department of Housing and Urban Development

(RUD) LBP Requirements.

• 29 CFR 1926.62 -Occupational Safety and Health Administration (OSHA) Lead

Construction Standard.

• 40 CFR 745, Subparts 0, L, and Q -Environmental Protection Agency (EPA) LBP

Requirements.


Regulations: Utilization and Disposal of Real Property.

• 15 United States Code 2680,2681 and 2688 -Toxic Substances Control Act.

• Department of Defense (000) Base Realignment and Closure Act (BRAC) Policy on

Asbestos, Lead Paint and Radon Policies at BRAC Properties (October 31, 1994).

• HUD Guidelines 1995: Chapters 5 and 7, 1997 Revision.

• American Society for Testing and Materials E-6 -Standards for Lead.

• EPA 747-R-95-001 Residential SamplingJor Lead: ProtocolsJor Dust and Soil

Sampling, March 1995.

• Puerto Rico Environmental Quality Board (EQB) Lead Regulations.

1.1 Housing Community Overview

NAPR housing was reportedly constructed between 1960 and 1975 and contains 962 two, three,

and four-bedroom apartment style, duplex, and single family units. NAPR housing consists of

eight communities: Algodones, Caribe Breeze, Cascajo Point, Coast Guard, FOR Drive, Manatee

Bay, Mangrove Manor, and Rainbow Hill. Twenty-seven of the housing units in Manatee Bay

are of original construction, while the remaining 935 units were renovated to varying degrees

beginning in 1989. The square footage of the units ranges from 1023 to 2105 square feet. The

concrete-framed buildings have concrete or ceramic exterior finishes. Interior walls are painted

gypsum board and concrete. The units are generally in good condition.

2

Table C below summarizes the renovation history for the communities, as provided by the

housing office manager.

, Table C:.Renovation HistoryforNAPRHtJusing" ....... ....

Address.()f Style of Date of Date(s) of DescriptiOIi' of 'Units Inspected ... ' Housing Con st . Renov. . Renovation

. . . Algodo,!es .' . .... . .'

889C, 889E, 889F, Two, Three, and Four 1960 1991 • Installation of carpeting 889G, 889H, 891A, Bedroom Apartment- • Remodel bathrooms and kitchens 89lD, 893B, 893C, Style Units • Replace doors and windows 895A, 895B, 895C, 897A, 897B, 897D, 897F, 897G, 897H, and 899B

'. Caribe Breeze .

lA, 2C, 5B, 6B, 10D, Two, Three, and Four 1974 2001 - 2003 • Remove LBP and ACM IIA, 15A, 16B, 17C, Bedroom Duplex Units • Repaint all walls inside and outside 20A, 20B, 2IB, 25C, • Replace vinyl floor tile with 25A, 28A, 31B, 34B, ceramic tile 35A, 37A, 38B, 39C, • Replace AlC ductwork and central 43B, and47A AIC units American Circle • Upgrade electrical systems 92A Saratoga Road • Replace entrance doors I Band 4B Point Cruz • Reconfigure outside storage areas


bathroom • Replace windows • Install ceiling fans • Replace carpeting in upstairs of 2-

bedroom units Cascajo Point .

6, II, 16,21,24,30, Two, Three and Four 1960 1998 -2001 • Remove LBP and ACM and 31 FDR Drive Bedroom Single Family • Construct screened-in porches 6 Bataan Drive Houses • Repaint all walls inside and outside 5 and 14 San Jacinto • Replace vinyl floor tile with Road ceramic tile 4,7, and 13 Cowrens • Replace AlC ductwork and central Drive AIC units 4,5,13,14,19,26,29, • Upgrade electrical systems 30, and 43 Monterey • Replace kitchen cabinets Road • Remodel laundry areas 2,5, 12, and 14 Cabot • Replace bathroom fixtures and tiles Lake • Reconfigure master bedrooms and

bathroom • Install ceilin~ fans

" Coast Guard .....

1675,1676,1677,1678, Three and Four 1960 1989 - 1992 • Replace floors tiles 1679, and 1680 Intrepid Bedroom Single Family • Replace kitchen cabinets Street Houses • Install central AlC

• Replace aluminum jealously windows with French type glass louvered windows

FDRDrive

1, 3, and 5 FDR Drive Three Bedroom Single 1960 1999 - 2000 • Remove LBP and ACM Family Houses • Replace carpeting

• Repaint all walls inside and outside • Replace AIC ductwork • Reconfigure mechanical room • Upgrade electrical systems • Replace kitchen floors and cabinets • Remodel bathrooms including

replace bathroom fixtures ( not 1 FDR)


3

Table C; Renovation History forNAPRHousing Addr.ess of Style of Date of Date(s) of ~escription of

Units Inspected Housing Con st. Renov. Renovation Manatee Bay ..

6 and 7 Intrepid Street Two, Three and Four 1960 2001 - 2003 • Remove LBP and ACM 8, 11, 20, 36, 38, 49, 52, Bedroom Single Family • Construct screened-in porches and 60 Ranger Road Houses • Repaint all walls inside and outside 2 and 20 Hancock • Replace vinyl floor tile with Circle ceramic tile 4 and 15 Coral Sea • Replace AlC ductwork and central Drive AlC units 3 and 18 Franklin Drive • Upgrade electrical systems 8, 19, and 26 Hornet • Reconfigure kitchens and replace Road kitchen cabinets 3, 11,21,32, and 35 • Remodel laundry areas Yorktown Circle • Replace bathroom fixtures and tiles 67,74, and 81 • Reconfigure master bedrooms and Lexington Drive bathroom

• Install ceiling fans Mangrove Manor

11,12,19,20,31,38, Two, Three and Four 1960 1989 - 1992 • Same as Coast Guard 50, 68, and 82 Saratoga Bedroom Single Family Road Houses 2, II, and 17 Essex Drive 6 Ticonderoga Street 18,25,34,41, and 54 Enterprise Drive 9,26,33,46, and 47 Lexington Drive 6, 15, and 32 Wasp Circle 7 Bunker Hill Road

Rainbow Hill

2A, 4A, 4B, 5B, 7 A, Two, Three, and Four 1975 1998 - 2001 • Caribe Breeze 8A, JOC, I3B, 14B, Bedroom Duplex and 15B, 16A, 18A, 19C, Apartment-Style Units 20B, 22B, 23A, 24A, 27A, 28B, 29B, 32A, 33B, 34A, and 36A Nimitz Drive

Floor plans of the housing units are included in Appendix A, and exterior photographs are

presented in Appendix E.

4

2.0 LEAD-BASED PAINT INSPECTION


NAPR Housing units are federal properties and are subject to federal regulations. The DoD

recognizes that the Residential Lead-Based Paint Hazard Reduction Act governs LBP activities in

DoD residential housing. The Act, commonly known as Title X of the Housing and Residence

Development Act of 1992 (42 United States Code 4822), requires federal departments an,d

agencies to address lead hazards in residential properties. The following table identifies the

salient sections of Title X.

Table D. Lead-Based Paint Hazard Reduction Act (Title X)

Section Number Regulatory Requirement

402 Train and certify people involved in LBP activities

403 Create provisions for developing regulations for identifying LBP hazards in residential property, including standards for dust and soil

Inspect and abate LBP hazards in all federally owned target housing constmcted prior to 1960 when 1013 transferring property. Inspect all federally owned target housing constmcted between 1960-1977 for

LBP and LBP hazards when transferring property

Directs BUD to issue regulations requiring LBP inspections, risk assessments and interim controls and

1012 and 1013 abatement of LBP hazards in federally owned target housing and target housing receiving federal assistance when transferring property

1018 Disclose known LBP and LBP hazards before sale or lease offederally owned and federally assisted housing

HUD and the EPA developed regulations to implement Title X. The implementing regulations are

24 CPR 35 and 40 CPR 745. Within 24 CPR 35, Subpart A describes disclosure responsibilities,

Subpart B provides definitions and establishes programs, Subpart C addresses federal property

transfers and Subpart R establishes methods and standards for assessing LBP hazards. Within 40

CPR 745, Subpart D provides information on identifying dangerous levels of lead and Subpart L

establishes the HUD guidelines as the criteria for performing risk assessments and creating risk

assessment reports.

Baker reviewed BRAC policy and HUD regulations to identify the requirements for transferring

properties with LBP. Based on the review of the information, the Navy is not required to abate

LBP hazards at NAPR Housing, or insure that the purchaser abates LBP hazards prior to use as

5

target housing. However, the Navy is required to disclose all knowledge of LBP and LBP

hazards at NAPR Housing to any bidders or transferees. This report should be given to parties

interested in NAPR Housing and will serve as the disclosure vehicle. The results of the LBP

inspection and LBP risk assessment should be incorporated into the Environmental Baseline

Survey of NAPR Housing. The LBP inspection and risk assessment should be referenced in the

Findings of Suitability for Transfer as well as the deed or contract for sale ofNAPR Housing.

The Puerto Rico EQB requires licensing of firms and individuals involved in inspection,

assessment, and abatement of LBP. It also requires notification and permitting procedures for

LBP abatement projects.

HUD regulations were followed for the disposition of residential property owned by a federal

agency other than BUD. Puerto Rico EQB and/or EPA-accredited LBP InspectorslRisk

Assessors performed all work for this project.

2.2 Methodology

This LBP inspection involved testing paint for lead using an x-ray fluorescence (XRF) analyzer.

According to EPA and BUD guidelines, XRF testing is an acceptable technology to determine the

concentration of lead in paint. Baker subcontracted the services of Environmental Development

and Sustainability, Inc. (EDS) of Catano, Puerto Rico to conduct the XRF testing. Baker is

located at 100 Airside Drive, Moon Township, Pennsylvania, 15108, telephone number (412)

269-6300. EDS is located at Las Nereidas St., Condo Bahia Court, #1, Catano, Puerto Rico,

00962, telephone number (787) 788-7644. Mr. Ramon E. Ramirez and Mr. Jose Marquez,

EPAlPuerto Rico EQB certified InspectorslRisk Assessors, performed the XRF testing at Baker's

direction using a Niton XRF spectrum analyzer Model Number XL-309. The analyzer has a

Performance Characteristic Sheet (PCS) that defines the parameters for its use in the field; a copy

of the PCS is included in Appendix C. XRF testing results by housing unit are included in

Appendix F. XRF results are reported in milligrams of lead per square centimeter (mg/cm2).

According to federal and Puerto Rico EQB regulations, paint is considered lead based when XRF

test results equal or exceed 1.0 mg/cm2.

6

Each testing combination in each room equivalent was tested for lead. A room equivalent refers

to a distinct room (e.g., Kitchen, Bedroom 1), while a testing combination refers to a given room,

component, and substrate combination (e.g., kitchen, window sash, wood). With the exception of

walls, one reading was taken on each testing combination in each room equivalent. Four

readings were collected from the walls in each room equivalent, one from each wall. For each

housing unit, testing combinations, paint colors, paint conditions, location(s), approximate

quantities (if positive and in fair or poor condition), and XRF readings were recorded. For

simplicity, all readings that were less than 0.1 mg/cm2 were recorded as 0.0 mg/cm2•

The identification of walls for a given room is as follows: Wall 1 is the wall that is located on the

street side of the room, when in the room looking toward the street. Walls 2, 3, and 4 are the

walls that are present going clockwise from Wall 1.

2.3 Selecting Units for Inspections

Per the Scope of Work, ACM inspections were performed in 19 of 32 Algodones housing units,

26 of 136 Caribe Breeze housing units, 26 of 139 Cascajo Point housing units, all six Coast

Guard housing units, all three FDR Drive housing units, 26 of 262 Manatee Bay housing units, 27

of 275 Mangrove Manor housing units, and 24 of 88 Rainbow Hill housing units. NAPR

Housing units selected for LBP inspection were chosen randomly. Units selected for LBP

inspection are listed in Table E below. All units were vacant at the time of the inspections.

889E

889F

889G

889H

891A February 3, 2005

8910 February 3, 2005

893B Februa 3,2005

893C Februa 4 2005


895B 5

895C Februa 4 2005

7

b TableE. UllitsSelectedfor LBP Inspection atNAPRHousing .. . ......• Address

;. '. 1/

. .. ' . Date Inspected .

Algondolles ..


897B Februa 2 2005

897D F 5

897F February 2 2005

897G February 2 2005

897H February 2 2005

899B February I, 2005 ..

CaribeBreeze

IA American Circle January 5 2005

2C American Circle January 9, 2005

5B American Circle January 7 2005


10D American Circle January 10,2005

IIA American Circle January 10 2005

15A American Circle January 10 2005

16B American Circle January 10,2005

17C American Circle January II 2005

20A American Circle January II, 2005

20B American Circle January II 2005

2IB American Circle January 12 2005

24C American Circle January 12, 2005

25A American Circle January 12,2005


3IB American Circle

34B American Circle January 13, 2005


37A American Circle January 13, 2005


39C American Circle January 14,2005


47 A American Circle January 17 2005

9 January 17,2005

IB Point Cruz January 17 2005

4B Point Cruz January 17 2005

. ' .. , ........ '.,' ......... . ' . . ..·.·Casc:l" aNimO .. ;' < • .; " , .... . .

6FDRDrive J on..oTV?() ?005

II FDRDrive January 20 2005

16 FDRDrive January 20, 2005

21 FDRDrive J on..oTV?() ?005

24FDRDrive January 20 2005

30FDRDrive January 21, 2005

31 FDRDrive J

6 Bataan Drive January 20 2005

5 San Jacinto Road January 27,2005

14 San Jacinto Road Jan

4 Cowrens Drive January 21,2005

7 Cowrens Drive I January 24, 2005 I 13 Cowrens Drive January 24 2005

8

IL.· T.a6I~E.Ullits Selected for LBPlnspection atNApR.Hollsing ..../

Ii::===<== .••. = .. ~= •••• =< .. = ••..... '!= .....•.. :=: •• ·~=A=~=dr=eSJ=:'S:=.:=·.::= ... ·=:== ··=···· .. =.····= .... ·=·=c=a=s=ca~j.(o';fp=o=in=t=.·==·=:=··;/=:==·····==····':"[~==.·=··.------.~~~======·.=·==u 4 Monterey Road January 26 2005

5 Monterey Road ~anua 26 2005 13 Monterey Road

11===============~1~4~M~o=n=te=re~~y=R~o=a~d===============9F===============funuary27 2005~============~1

19 Monterey Road January 27, 2005

26 Monterey Road January 27 2005

1F===============~~==============~IF===============~~=============91 43 Monterey Road January 27, 2005

2 Cabot Lake January 24 2005

5 Cabot Lake January 24 2005

12 Cabot Lake January 24, 2005

14 Cabot Lake January 27, 2005 . ... Coast Guard .. : . ... . ... . ..

1675 Intrepid Street January 31, 2005

1676 Intrepid Street Janua 31 2=0;:05================11 1677 Intrepid Street F 005 1678 Intrepid Street February 5, 2~00~5:=================l1 1679 Intrepid Street February 5, 2005

1680 Intrepid Street January 31, 2005

.J '.:. . • .•. FDRDr'ive :"<'~5 1 FDR Drive ;;"'===============11 3 FDRDrive 5 FDRDrive January 19 200::':5:================91

:.: .... Manatee Bay

1F==================6~Intrepid Stree=t ================il============== =:05================11

11==========:7=;;;1 t January 7 2005 8 Ranger Road January 7, 2005

1F===============:'~~~~~===============lI==============~Ja=nu=Uary~I=0=2~0~~~============91 36 Ranger Road January 11,2005

11=========~~d==============9F============~Ja=n=ua~ry~10~),~20~0~~=============91 52 Ranger Road January 10 2005

January 11 2005

2 Hancock Circle January 11, 2005

20 Hancock Circle January 11,2005

4 Coral Sea Drive January 12, 2005

15 Coral Sea Drive January 12 2005

3 Franklyn Drive January 12 2005

18 Franklyn Drive January 12,2005

1L:================8=H~o=rn=e=t=R=o;:a=d================~F===============~Janua 13 20055~=============91 IF 19 Hornet Road _ 26 Hornet Road

3 Yorktown Circle January 14 2005

11 Yorktown Circle January 14,2005

21 Yorktown Circle '>'l05

32 Yorktown Circle January 14 2005

9

" ", " """, ,,' ,'" , ,

',',: Ta~leE; Ul!its Sdeded.for ~BPhispection at l'lAP~JI~using

, : ,',:.; '" i\.'dtll't!'ss/ ",' > II " ~ , .. ' Date Inspected i'

" " " , ,.'" ",

, Manatee Bay. ... , , ':

35 Yorktown Circle II January 17, 2005

67 Lexington Drive I January 18, 2005 I I 74 Lexington Drive II January 18, 2005 I I 81 Lexin~ton Drive II Janua!X 18,2005 I I Mangrove Manor I

~ January 19,2005

1 d J 5

1 January 19,2005

20 Saratoga Road Januarv 19 2005

31 Sarato a Road January 20 2005

3 January 20 2005

50 Saratoga Road January 20 2005

~ January 20, 2005

8 d January 21, 2005

2 Essex Drive January 21, 2005

11 Essex Drive January 21, 2005

17 Essex Drive January 21 2005

6 Ticonderoga Road January 24, 2005

18 Enterprise Drive January 24, 2005

25 Enterprise Drive January 24, 2005

I 34 Ente!:Erise Drive II January 24, 2005 I I 41 Ente!:Erise Drive II Janua!X 25, 2005 I I 54 Enterprise Drive I January 25, 2005

I; 26L

~ 33 Le ton Drive J 5

5

47L Drive January 26 2005

6 Wasp Circle January 26 2005

15 Wasp Circle Janua 27 2005

32 Wasp Circle 05

7 Bunker Hill Road Januarv 27. 2005 <

;. ',""" ~in.i?o~ lIilI :'; <',", ....... ",,' ,

" ,;,' ", . 2A Nimitz Drive January 27 2005

4A Nimitz Drive January 28 2005

4B Nimitz Drive January 28, 2005

5B Nimitz Drive January 28 2005

7 A Nimitz Drive January 28 2005

8A Nimitz Drive January 28, 2005

lOC Nimitz Drive January 31 2005

l3B Nimitz Drive January 31, 2005

14B Nimitz Drive J

15B Nimitz Drive January 31, 2005

16A Nimitz Drive February 1,2005

18A Nimitz Drive February 1 2005

19C Nimitz Drive February 1,2005

20B Nimitz Drive Feb

22B Nimitz Drive February 2, 2005

10

24A Nimitz Drive

27 A Nimitz Drive

28B Nimitz Drive

29B Nimitz Drive

32A Nimitz Drive

33B Nimitz Drive

34A Nimitz Drive

36A Nimitz Drive

2.4 Disclaimer

The presence or absence of LBP applies only to tested surfaces on the date of the field visit. It

should be noted that conditions might change due to vandalism, deterioration or maintenance

activities. Ongoing monitoring by the owner or transferee is necessary. The concentration of lead

in paint that renders it a LBP is not relevant for worker protection concerns during construction or

maintenance work. When workers disturb paint that contains any level of lead (determined by a

valid test method), Puerto Rico OSHA requires adherence to its Lead Standard.

2.5 Results

Baker performed LBP inspections in 19 of32 Algodones housing units, 26 of 136 Caribe Breeze

housing units, 26 of 139 Cascajo Point housing units, all six Coast Guard housing units, all three

FDR Drive housing units, 26 of 262 Manatee Bay housing units, 27 of 275 Mangrove Manor

housing units, and 24 of 88 Rainbow Hill housing units. Baker's inspection identified LBP on

several types of components in the Caribe Breeze, Coast Guard, and Mangrove Manor housing

communities. LBP was not identified in the Algodones, Cascajo Point, FDR Drive, Manatee

Bay, and Rainbow Hill housing communities. Complete surface-by-surface results for the XRF

testing are included in Appendix F. Table B in the Executive Summary also provides a list of the

positive components in the Caribe Breeze, Coast Guard, and Mangrove Manor housing

communities. A summary of the number of positive and negative XRF readings by component

for the housing units in which testing was conducted is included in Tables 1-8 following the text

of this report. A list of the components that should be assumed to be coated with LBP in the

NAPR Housing units that were not tested is included in Table 9 following the text of this report.

Photographs of components coated in LBP are presented in Appendix E.

11

3.0 LEAD-BASED PAINT RISK ASSESSMENT


Section 2.1 of this report addresses the regulatory background of LBP in the United States.

3.2 Methodology

This LBP risk assessment involved a visual inspection of the units as well as the collection of

environmental samples of dust and soil for laboratory analysis. The visual inspection also

included a building condition assessment including observation for the presence of holes or

cracks in the roof, missing exterior siding, foundation cracks, etc. Building condition forms are

included in Appendix F.

Mr. Mark Zetts and Mr. Michael Arthur, EPA-certified Risk Assessors, conducted the visual

assessment and directed the collection of environmental samples. Mr. Zetts and Mr. Arthur were

assisted by Mr. Ramirez and Mr. Marquez of EDS, who are Puerto Rico EQB / EPA-certified

Risk Assessors. Copies of training certificates are included in Appendix B. The methodologies

for the environmental sampling performed in support of the risk assessment are discussed below.

During the LBP inspection, painted components were analyzed for lead using an XRF analyzer as

stated in Section 2.2. In addition, Baker collected dust wipe samples, dust vacuum samples

(where carpets instead of hard floors were present), and soil samples in accordance with HUD

and EPA protocols. Dust wipe samples were collected from floors only. The housing units did

not have window sills. Field blanks (1 per 20 wipe samples) were also collected and submitted for

laboratory analysis. All samples were submitted with chain of custody documentation to

Schneider Laboratories, Inc. for lead analysis by EPA Method 3050B17420.

When bare soil was present, Baker collected composite soil samples. No bare soil was present at

Algodones. One composite sample was collected from the children's play area (if present), one

was collected from the building's dripline, and one was collected from any other areas of the

yard, referred to as "mid-yard." Baker calculated the arithmetic mean of the dripline composite

sample and the mid-yard composite sample to represent a yard average. Children's play area

composite samples were reported separately.

12

Schneider Laboratories analyzed the dust wipe and soil samples using EPA method 3050B17420.

Schneider Laboratories is fully accredited for lead analysis under the National Lead Laboratory

Accreditation Program. Laboratory certifications are presented in Appendix B. Laboratory

reports for dust wipe and soil samples are included in Appendix D. Summaries of dust wipe, dust

vacuum, and soil sample results by housing unit are presented in Appendix F.

3.3 Selecting Units for Assessment

The same units that were selected for LBP inspection were also selected for LBP risk assessment.


Based on federal regulations, a lead hazard exists when one or more of the following conditions

exist:

• LBP on a component is deteriorated.

• LBP is present on a friction surface, the LBP shows signs of abrasion, and lead levels in

dust on nearest horizontal surface underneath the friction surface exceed dust-lead hazard

standards (40 /lg/ft2 for floors; 250 /lg/W for windowsills).

• LBP is present on an impact surface, the LBP is damaged/deteriorated, and the damage is

caused by impact of a related building component.

• LBP is present on a chewable surface and teeth marks are evident.

• Lead in floor dust wipe samples equals or exceeds 40 micrograms per square foot 2

(/lg/ft ).

2

• Lead in interior window sill dust wipe samples equals or exceeds 250 flg/ft

l3

• Lead in bare soil play area samples equals or exceeds 400 part per million (ppm).

• Lead in bare soil samples equals or exceeds 1,200 ppm as a yard average.

Table F summarizes the LBP hazards identified within NAPR Housing. For additional details on

LBP hazards, see Tables 10-13 following the text of the report. Floor plans of typical units are

presented in Appendix A. Photographs of typical LBP hazards are presented in Appendix E.

Table F.LBPHazards Identified inLBP Risk Assessed Units at NAPRHousin g Hazard J Deteriorated ";

Address LBP Component Location Condition Quantity Aleodones

889F Dust - Floor I Hall 2 Floor NA I N Coast Guard

1676 Intrepid Street Wood DoorCasing/Jamb/Stop BR3 Fair I

1677 Intrepid Street ST/ME 1

1680 Intrepid Street BR3, Laundry, and STIME 3

1678 Intrepid Street Dust-Floor Bath 1 and Kitchen NA NA

I Manatee Bar I I 7 Intre12id Street I Dust - Floor I Bath 2 I NA I NA I I Mangrove Manor I

68 Saratoga Road Dust - Floor Bath 1 - Floor NA NA

25 Enterprise Drive Bath 1, DR - Floor

6 Wasp Circle Hall - Floor

No LBP hazards related to friction surfaces, impact surfaces, chewable surfaces, or soil were

identified in the communities in Table F above. No LBP hazard of any type was identified in the

Caribe Breeze, Cascajo Point, FDR Drive, and Rainbow Hill housing communities.

Implementation of one of the following two options is recommended for identifying LBP hazards

that may exist at the NAPR Housing units that were not inspected:

• Test the components in the remaining 804 units that were not inspected for LBP, and

identify all LBP hazards that are present.

• Assume all like components in the untested units contain LBP, and identify all LBP

hazards that are present.

14

Although not required due to the age of NAPR Housing, control options for deteriorated LBP

include:

• Paint Film Stabilization (considered an interim control)

• Encapsulation

• Enclosure

• Paint Removal

• Building Component Replacement

Control options for dust include:

• Dust Removal

• Cover Bare Soil

Control options for soil include:

• Plant Grass or Sod

• Cover with Mulch

• Pave Over

• Soil Removal

Other recommendations include:

1) The property transferee should be made aware of the presence of LBP and LBP hazards

in the housing units.

2) Contractors who disturb LBP should comply with the requirements of the Puerto Rico

Occupational Safety & Health Administration (OSHA) Lead Standard, which mirrors the

federal OSHA standard (29 CFR 1926.62).

15

Exhibit H

Lead-Based Paint Hazards Advisory Statement

LEAD-BASED PAINT HAZARD DISCLOSURE AND ACKNOWLEDGEMENT FORM

LEAD WARNING STATEMENT

YOU ARE ADVISED THAT STRUCTURES CONSTRUCTED . PRIOR TO 1978 MAY PRESENT EXPOSURE TO LEAD FROM LEAD-BASED PAINT THAT MAY PLACE YOUNG CHILDREN AT RISK OF DEVELOPING LEAD POISONING. LEAD POISONING IN YOUNG CHILDREN MAY PRODUCE PERMANENT NEUROLOGICAL DAMAGE. YOU ARE FURTHER ADVISED THAT LEAD POISONING ALSO POSES A PARTICULAR RISK TO PREGNANT WOMEN. WORKERS MAY ALSO SUFFER ADVERSE HEALTH EFFECTS FROM LEAD DUST AND FUME EXPOSURE

ACKNOWLEDGEMENT

I acknowledge that:

1. I have read and understand the above stated Lead Warning Statement;

2. I have received from the Federal Government the following document(s): Phase 1/11 Environmental Condition of Property Report, Former Naval Station Roosevelt Roads, Ceiba, Puerto Rico and Finding of Suitability to Transfer, Sale Parcel II -Capehart, Naval Activity Puerto Rico, Ceiba, Puerto Rico representing the best information available to the Government as to the presence of Lead-Based Paint and Lead-Based Paint hazards for the non-residential buildings covered by this Transfer. I have also received the Final Lead-Based Paint Inspection/Risk Assessment Reportfor Military Family Housing, Naval Activity Puerto Rico, Ceiba, Puerto Rico representing the best information available to the Government as to the presence of Lead-Based Paint and Lead-Based Paint hazards for the residential buildings covered by this Transfer;

3. I understand that my failure to inspect, or to become fully informed as to the condition of all or any portion of the property offered will not constitute grounds for any claim or demand for adjustment or withdrawal of any bid or offer made after its opening or tender; and

4. I understand that upon execution ofthis Transfer, I shall assume full responsibility for preventing future lead exposure by properly managing and maintaining or, as required by applicable Federal, state, or local laws or regulations, for abating any lead-based paint hazard that may pose a risk to human health.

Transferee (or duly authorized agent) Date

Exhibit I

Responses to Comments

Navy Responses to U.S. Environmental Protection Agency (EPA) Comments

Draft Finding of Suitability to Transfer

Sale Parcel II • Capehart

EPA Comment 1:

EPA does not fully agree with the statement given in Section 5.0.F (Environmental Compliance Agreements/Permits/Orders) of the FOST that " ... there are no RCRA obligations related to the Subject Property at this time. EPA considers certain requirements of the January 2007 RCRA Consent Order between the Navy and EPA to be applicable to the Subject Property, including, among others, those given in: a) Paragraph 26 "Notification and Additional Work Requirements for Newly Discovered Releases"; Paragraph 27.H) "Imminent and Substantial Endangerment due to Solid Waste or Hazardous Waste"; and all of Section XVI (Record Retention).

Navy response:

The text of Section 5.F. has been revised to state the following:

On January 29, 2007, the U.S. Department of the Navy and EPA voluntarily entered into a Resource Conservation and Recovery Act (RCRA) Section 7003 Administrative Order on Consent (Consent Order; EPA, 2007). The Consent Order set out the Navy's RCRA corrective action obligations and replaced the 1994 RCRA permit as the document memorializing these obligations concerning NAPR. Although there are no RCRA solid waste management units or areas of concern on the Subject Property, certain RCRA obligations defined in the Consent Order apply to the Subject Property including notification and additional work requirements for newly discovered releases, other notification requirements, and record retention requirements. There are no other environmental compliance agreements, permits, or orders associated with the Subject Property.

EPA Comment 2:

References - the January 2007 Administrative Order on Consent should be listed in the reference section.

Navy response:

The January 2007 Administrative Order on Consent has been added to the list of references in Exhibit A.

EXHIBIT "E"

DEPARTMENT OF DEFENSE INSTRUCTION 4165.72

4816-8251-5731.1

Department of Defense

INSTRUCTION

SUBJECT: Real Property Disposal

References: (a) DoD Directive 4165.6, "Real Property," October 13, 2004

NUMBER 4165.72 December 21, 2007

USD(AT&L)

(b) DoD Directive 4275.5, "Acquisition and Management ofIndustrial Resources," October 6, 1980

(c) DoD Instruction 4165.69, "Realignment of DoD Sites Overseas," April 6, 2005

(d) DoD Directive 5110.4, "Washington Headquarters Services (WHS)," October 19,2001

(e) through (v), see Enclosure 1

1. PURPOSE

This Instruction:

1.1. Implements policy and assigns responsibility pursuant to Reference (a) for the disposal of real property.

1.2. Re-delegates various statutory and regulatory authorities and responsibilities relating to real property disposal.

2. APPLICABILITY AND SCOPE

This Instruction:

2.1. Applies to the Office of the Secretary of Defense, the Military Departments (including their Reserve components), the Office of the Chairman of the Joint Chiefs of Staff, the Combatant Commands, the Office of the Inspector General of the Department of Defense, the Defense Agencies, the DoD Field Activities, and all other organizational entities in the Department of Defense (hereafter referred to collectively as the "DoD Components").

2.2. Applies to all DoD real property holdings except:

2.2.1. Civil works projects.

DoD! 4165.72, December 21,2007

2.2.2. The acquisition and management of defense industrial plants that are governed by DoD Directive 4275.5 (Reference (b)).

2.3. Does not apply to DoD real property holdings:

2.3.1. Disposed of pursuant to a base closure law, except for paragraphs 5.1.2.,5.5.,5.8., 5.9.,5.10., and 5.11., which do apply.

2.3.2. Outside the United States with regard to those provisions oflaw not having extraterritorial application. (See DoD Instruction 4165.69 (Reference (c))).

3. DEFINITIONS

3.1. Consistent with DoD Directive 5110.4 (Reference (d)), for purposes of the Pentagon Reservation, Washington Headquarters Services shall be considered a Military Department and its Director the secretary thereof.

3.2. Other terms used in this Instruction are defmed in Joint Publication 1-02 (Reference (e)) and section 101 of title 10, United States Code (U.S.C.) (Reference (f)).

4. RESPONSIBILITIES

4.1. The Under Secretary of Defense for Acquisition, Technology, and Logistics (USD(AT&L)) shall establish overarching guidance and procedures regarding the disposal of real property.

4.2. The Deputy Under Secretary of Defense for Installations and Environment (DUSD(I&E)), under the USD(AT &L):

4.2.1. Shall provide additional guidance and procedures for the implementation of DoD real property disposal policy and this Instruction.

4.2.2. Is hereby re-delegated, with authority to re-delegate, all those authorities and responsibilities delegated or re-delegated, as the case may be, to the USD(AT &L) under paragraph 5.1.3. of Reference (a) that relate to the disposal of real property.

4.3. The Secretaries of the Military Departments shall:

4.3.1. Establish programs and procedures to dispose of real property that conform with applicable law and the policies, guidance, and procedures provided by and pursuant to Reference (a) and this Instruction.

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DoDI4165.72, December 21,2007

4.3.2. Accurately inventory and account for the real property under their jurisdiction, management, and control in accordance with DoD Instruction 4165.14 (Reference (g)).

4.4. The Heads of the DoD Components shall:

4.4.1. Ensure compliance with this Instruction.

4.4.2. Provide, within 45 days after a Military Department gives notice of the availability of real property for which a DoD Component has a requirement, a fIrm commitment to take real property accountability for the property in the case of a Military Department, or a fIrm commitment from a Combatant Command, Defense Agency, or DoD Field Activity that it requires the property and has secured the agreement of a Military Department to accept real property accountability for the property. A Combatant Command, Defense Agency, or DoD Field Activity that is supported by a specifIc Military Department for its real property requirements will communicate its requirements through that Military Department.

5. PROCEDURES

5.1. Disposal of Real Property. The programs of the Military Departments shall ensure that, after screening with the other DoD Components, real property for which there is no foreseeable military requirement, either in peacetime or for mobilization, and for which the Department of Defense does not have disposal authority, is promptly reported for disposal to the General Services Administration (GSA), or the Department ofthe Interior in the case ofland withdrawals, in accordance with applicable regulations of those agencies.

5.1.1. Real property may be transferred, at no cost, among the Armed Forces, including the Coast Guard, pursuant to section 2696 of title 10, U.S.C. (Reference (h)). Subject to the authority, direction, and control of the Secretary of Defense with regard to the DoD Components, this transfer authority cannot be precluded, directly or indirectly, by any regulatory, program, or policy restrictions issued by any agency or offIcial within the Executive Branch of the Federal Government.

5.1.2. Subject to Reference (h), ensure compliance with part 373 of title 40, Code of Federal Regulations (CFR), "Reporting Hazardous Substance Activity When Selling or Transferring Federal Real Property" (Reference (i)).

5.1.3. Subject to Reference (h), ensure compliance with the Federal Management Regulation (Reference (j)) dealing with real property disposal, part 1 02-75 of title 41, CFR.

5.1.4. Ensure compliance with chapter 6 of volume 4 of the DoD Financial Management Regulations, DoD 7000. 14-R (Reference (k)) relating to valuation of property assets.

5.1.5. Until such time during the disposal process that GSA assumes such responsibility, the holding Military Department will ensure compliance with the McKinney-Vento Homeless Assistance Act, as amended, section 11411 of title 42, U.S.C., (Reference (1)) with regard to

3

DoD! 4165.72, December 21,2007

identifying unutilized, underutilized, excess, or surplus property that may be suitable for use by the homeless.

5.1.6. Disposal of real property may include disposing of associated interests in real property such as authorized by section 2668a of title 10, U.S.C. (Reference (m)), including those needed to comply with the requirements of the National Historic Preservation Act, section 470 et seq. of title 16, U.S.C. (Reference (n)).

5 .1. 7. In the case of withdrawn lands not accepted back by the Department of the Interior, always address disposition of mineral rights during the disposal process. (See part 2720 of title 43, CFR (Reference (0))).

5.1.8. For granting uses of real property such as outgrants, see DoD Instruction 4165.70 (Reference (P)).

5.1.9. Before disposing of real property containing floodplains or wetlands, ensure compliance with Executive Orders 11988 and 11990 (References (q) and (r), respectively).

5.2. Mobilization Requirements. Real property may be held solely to meet a mobilization requirement.

5.2.1. Such property may be made available for interim use in one of the following ways, provided it will not involve modifying the property in a manner that would prevent its timely use in meeting its mobilization requirements:

5.2.1.1. By permit to another Government agency.

5.2.1.2. By outgranting by license, easement, or lease.

5.2.1.3. By declaring it as excess to GSA for disposal subject to adequate provisions for recapture in accordance with existing regulations, instructions, and statutes.

5.2.2. Any property subj ect to interim use in accordance with paragraphs 5.2.1.1. and 5.2.1.2. shall have a provision in the granting document requiring immediate return of the property, without cost to the Department of Defense, upon the demand of the holding Military Department, after it determines the property is required for mobilization.

5.3. Release of Reverter and Reuse Rights and of Covenants. The release of reverter and emergency reuse (recapture) rights and of covenants retained by the Government may be effected in response to a petition from the current owner to the Secretary of Defense through the original Federal grantor agency, such as the Departments of Interior, Health and Human Services, Housing and Urban Development, and Education; the Federal Aviation Administration; or GSA; if there is no current requirement for the right or covenant by any of the Military Departments.

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DoD! 4165.72, December 21,2007

5.3.1. Upon notification by DUSD(I&E) that such a petition has been received, the holding Military Department shall review:

5.3.1.1. In the case of reverter or reuse rights, plans covering contemplated use of the facility in light of the current and projected physical condition of the improvements.

5.3.1.2. In the case of a covenant, the original reason for the covenant, State regulatory concurrence if applicable, and changed circumstances.

5.3.2. The holding Military Department shall also notify the other DoD Components that the reverter or reuse rights it has reserved may be extinguished and request they provide, within 45 days, their objections, if any, to the release of such rights along with their rationale for objecting.

5.3.3. The holding Military Department:

5.3.3.1. If it was not the grantor agency, shall then make a recommendation to DUSD(I&E) as to whether the reverter or reuse rights or the covenant should be extinguished.

5.3.3.2. If it was the grantor agency and intends to extinguish the reverter or reuse rights or the covenant, shall advise DUSD(I&E) of its intention and wait 15 days before taking further action.

5.3.4. DUSD(I&E) shall, in the case of paragraph 5.3.3.1., then provide the position of the Department of Defense to the Federal grantor agency as to whether the reverter or reuse rights or the covenant should be extinguished.

5.4. Environmental Impacts. The holding Military Department shall accomplish any environmental analysis, including of the environmental condition of the property, required by law or its regulations prior to disposing of property, whether the disposal is done directly or by transfer to another agency for disposal or reuse.

5.5. Clauses Under section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), section 9620(h) of title 42, U.S.C., (Reference (s)).

5.5.1. Reference (s) provides an exception to the prohibitions of the Anti-Deficiency Act by allowing the commitment of a future unfunded obligation, namely the potential return of the United States to conduct a remedial action on former DoD properties. The Department of Defense has no authority to increase or decrease the commitments directed to be provided by section 120(h).

5.5.2. Any deed transferring title to real property shall contain, to the extent they are required by law, the notices, descriptions, assurances, access rights, warranties, and covenants (collectively referred to as "120(h) clauses" in this Instruction) specified in Reference (s) as provided by this Instruction. The 120(h) clauses contained in this Instruction shall not be

5

DoD! 4165.72, December 21,2007

inserted into any other real property transfer documents other than a deed transferring real property, nor shall any other versions of such clauses be inserted into such other documents.

5.5.2.1. Such 120(h) clauses:

5.5.2.1.1. Ensure compliance with Reference (s) when a DoD Component transfers real property to a non-Federal entity.

5.5.2.1.2. Provide uniformity in transaction documents.

5.5.2.1.3. Ensure the liability of the United States is not increased beyond that provided by law.

5.5.2.1.4. Ensure the commitments made by the United States to non-Federal recipients of DoD real property are not less than those required to be provided by Reference (s).

5.5.2.2. Such 120(h) clauses shall contain without change or limitation the applicable language provided in Enclosure 2. Changes or limitations to the language provided in Enclosure 2 are only authorized with the prior written approval ofDUSD(I&E).

5.5.2.3. This paragraph 5.5. has limited application:

5.5.2.3.1. It addresses the provision of 120(h) clauses under Reference (s). It does not address all obligations under Reference (s). (See paragraph 5.1.2., for example.)

5.5.2.3.2. Not all property transfers are subject to this paragraph:

5.5.2.3.2.1. Only those transfers by deed (or other agreement in the case of section 120(h)(3)(C)(ii) assurances), i.e., transfer of title outside of the Federal Government, are subject to these 120(h) clauses. Leases and easements are not a transfer of title.

5.5.2.3.2.2. Only those transfers oftitle that occurred after the enactment of the relevant provisions of paragraphs 120(h)(3) and (4) of Reference (s) would be subject to its provisions relating to 120(h) clauses. For instance, a formerly used defense site transferred before the date of enactment of sections 120(h)(3) and (4) would not have had the 120(h) clauses provided in the deed.

5.5.2.4. No other 120(h) clauses, other than those provided in Enclosure 2, or changed or limited with the permission of DUSD(I&E) pursuant to paragraph 5.5.2.2., shall be used to comply with Reference (s). As a negotiated aspect of a business transaction, the Secretary concerned may agree to other deed provisions that are not inconsistent with the 120(h) clauses in Enclosure 2. Such negotiated provisions shall not increase or reduce the liability of the United States with regard to its section 12 0 (h) obligations. Such negotiated provisions may include, for example, contractual transfer of responsibility for conducting the remedial action in instances of early transfer, contractual agreements relating to insurance to ensure performance of other contractual obligations, and environmental covenants or similar restrictions to ensure

6

DoDI4165.72, December 21,2007

viability of a remedy. As an aid in applying paragraph 5.5., Enclosure 3 contains a table providing a broad overview as to which 120(h) clauses should be used in various circumstances.

5.5.2.4.1. Property subject to paragraph 120(h)(3) of Reference (s). For property subject to paragraph 120(h)(3) of Reference (s), but excluding property subject to deferral under paragraph 120(h)(3)(C) of Reference (s), the following 120(h) clauses shall be used in the deed:

5.5.2.4.1.1. The appropriate option for the 120(h) clause found at paragraph E2.1.1. of Enclosure 2 entitled "Property Covered by Notice, Description, Access Rights, and Covenants Made Pursuant to Section 120(h)(3)(A) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 US.C. § 9620(h)(3)(A))";

5.5.2.4.1.2. The appropriate option for the 120(h) clause found at paragraph E2.1.2. of Enclosure 2 entitled "Notices Pursuant to Section 120(h)(3)(A)(i)(I) and (II) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. § 9620(h)(3)(A)(i)(I) and (II))";

5.5.2.4.1.3. The appropriate option for the 120(h) clause found at paragraph E2.1.3. of Enclosure 2 entitled "Description of Remedial Action Taken, if Any, Pursuant to Section 120(h)(3)(A)(i)(III) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 US.C. § 9620(h) (3) (A) (i) (III))";

5.5.2.4.1.4. The 120(h) clause found at paragraph E2.1.4. of Enclosure 2 entitled "Covenant Pursuant to Section 120(h)(3)(A)(ii) and (B) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 US.c. § 9620(h)(3)(A)(ii) and (B))" [this 120(h) clause shall not be provided in any case in which the person or entity to whom the real property is transferred is a potentially responsible party with respect to such property]; and

5.5.2.4.1.5. The 120(h) clause found at paragraph E2.1.5. of Enclosure 2 entitled "Access Rights Pursuant to Section 120(h)(3)(A)(iii) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 US.C. § 9620(h)(3)(A)(iii)).

5.5.2.4.2. Property subject to paragraph 120(h)(3)(C) of Reference (s).

5.5.2.4.2.1. For property subject to paragraph 120(h)(3) of Reference (s) but where the requirement to provide the warranty under paragraph 120(h)(3)(A)(ii)(I) of Reference (s) has been deferred pursuant to paragraph 120(h)(3)(C) of Reference (s), the following 120(h) clauses shall be used in the deed (or other agreement addressing the response action assurances in the case of the 120(h) clause addressed in paragraph 5.5.2.4.2.1.5):

5.5.2.4.2.1.1. The appropriate option for the 120(h) clause found at paragraph E2.2.1. of Enclosure 2 entitled "Property Covered by Notice, Description, Assurances, Access Rights, and Covenants Made Pursuant to Section 120(h)(3)(A) of the Comprehensive

7

DoD! 4165.72, December 21,2007

Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. § 9620(h)(3)(A))";

5.5.2.4.2.1.2. The appropriate option for the 120(h) clause found at paragraph E2.l.2. of Enclosure 2 entitled "Notices Pursuant to Section 120(h)(3)(A)(i)(I) and (II) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. § 9620(h)(3)(A)(i)(I) and (II))";

5.5.2.4.2.l.3. The appropriate option for the 120(h) clause found at paragraph E2.1.3. of Enclosure 2 entitled "Description of Remedial Action Taken, if Any, Pursuant to Section 120(h)(3)(A)(i)(III) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. § 9620(h)(3)(A)(i)(III))";

5.5.2.4.2.l.4. The 120(h) clause found at paragraph E2.2.2. of Enclosure 2 entitled "Covenant Pursuant to Section 120(h)(3)(A)(ii)(II) and (B) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.c. § 9620(h)(3)(A)(ii)(II) and (B))" [this 120(h) clause shall not be provided in any case in which the person or entity to whom the real property is transferred is a potentially responsible party with respect to such property];

5.5.2.4.2.l.5. The 120(h) clause found at paragraph E.2.2.3. of Enclosure 2 entitled "Assurances Pursuant to Section 120(h)(3)(C)(ii) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. § 9620(h)(3)(C)(ii))"; and

5.5.2.4.2.l.6. The 120(h) clause found at paragraph E.2.1.5. of Enclosure 2 entitled "Access Rights Pursuant to Section 120(h)(3)(A)(iii) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. § 9620(h)(3)(A)(iii))" .

5.5.2.4.2.2. When all response action necessary to protect human health and the environment with respect to any substance remaining on the property on the date of transfer has been taken, the following 120(h) clauses shall be provided to the transferee in an appropriate document [these 120(h) clauses shall not be provided in any case in which the person or entity to whom the real property is transferred is a potentially responsible party with respect to such property]:

5.5.2.4.2.2.1. The appropriate option for the 120(h) clause found at paragraph E2.2.1. of Enclosure 2 entitled "Property Covered by Notice, Description, Assurances, Access Rights, and Warranty Made Pursuant to Section 120(h)(3)(A) ofthe Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.c. § 9620(h)(3)(A))";

5.5.2.4.2.2.2. The 120(h) clause found at paragraph E2.2.4. of Enclosure 2 entitled "Warranty Pursuant to Section 120(h)(3)(C)(iii) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. § 9620(h)(3)(C)(iii))".

8

DoD! 4165.72, December 21,2007

5.5.2.4.3. Property subject to paragraph 120(h)(4) of Reference (s). For property subject to paragraph 120(h)(4) of Reference (s), the following 120(h) clauses shall be used in the deed:

5.5.2.4.3.1. The appropriate option for the 120(h) clause found at paragraph E2.3 .1. of Enclosure 2 entitled "Property Covered by Covenant and Access Rights Made Pursuant to Section 120(h)(4)(D) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. § 9620(h)(4)(D))";

5.5.2.4.3.2. The 120(h) clause found at paragraph E2.3.2. of Enclosure 2 entitled "Covenant Pursuant to Section 120(h)(4)(D)(i) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. § 9620(h)(4)(D)(i))"; and,

5.5.2.4.3.3. The 120(h) clause found at paragraph E2.3.3. of Enclosure 2 entitled "Access Rights Pursuant to Section 120(h)(4)(D)(ii) ofthe Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. § 9620(h)( 4 ) (D) (ii) )".

5.5.2.5. If a hazardous substance was not stored for one year or more, known to have been released, or disposed of on the parcel, but a petroleum product or its derivative is known to have been released or disposed of on the property, none of the 120(h) clauses under Reference (s) shall be provided.

5.5.2.6. To the extent a deed contains separately identified parcels at least one each of which is subject to any two or more of paragraphs 120(h)(3), 120(h)(3) with deferral, and 120(h)(4) of Reference (s), the deed shall separately designate those parcels under each of those three categories and provide the applicable 120(h) clauses in Enclosure 2 for each of those groupmgs.

5.5.2.7. Users of the 120(h) clauses found at paragraphs E2.1.2. and E2.1.3. of Enclosure 2 should note that they include the possibility of voluminous attachments. Since the transferee will pay the cost of recording, the transferee should be consulted before voluminous but not necessarily required attachments are included with the deed.

5.6. Release of Leaseholds. Excess leaseholds, if transferable, should be made available to other DoD Components and the Coast Guard as soon as possible.

5.6.1. Immediately upon a determination that a DoD leasehold is no longer required by the DoD Component, the DoD Component concerned shall send a notice of availability to the appropriate offices of the other DoD Components and the Coast Guard, provided the leasehold terms would not prevent their use of the leasehold and there is a reasonable useful life remaining.

5.6.2. Such notices shall include a physical description of the property, terms of the lease, surrender date, and date of contract renewal.

9

DoD! 4165.72, December 21,2007

5.6.3. The DoD Component or Coast Guard interested in acquiring such an excess DoD leasehold shall assume responsibility for continuing the leasehold interest, including payment of all rents.

5.6.4. Ifno DoD or Coast Guard interest is expressed, the DoD Component shall advise GSA of any excess leasehold which has at least 9 months of beneficial occupancy remaining to permit Federal screening.

5.6.5. For GSA leaseholds occupied by DoD Components, the DoD Component will inform GSA as soon as the DoD Component becomes aware that it will no longer require the use of the GSA leasehold.

5.7. Excess Family Housing Units. A Report of Excess Real Property (Standard Form 118) (Reference (t)) to GSA covering mortgaged or unencumbered family housing and related land and improvements or unimproved land acquired for family housing purposes shall include the statement: "Net proceeds from the sale of family housing, including related land and improvements, shall be deposited in the Family Housing Account of the appropriate Military Department. "

5.8. Timberland

5.8.1. Under the authority of section 2665 of title 10, U.S.C. (Reference (u)), any forest products produced on land owned or leased by a Military Department may be sold without also selling the underlying land, provided, in the case ofleased property, that the lease does not prohibit such sales. Since Reference (u) is used to dispose of the forest products, they are not declared excess under title 40, U.S.C., or its implementing regulations.

5.8.2. If forestlands are being considered for disposal, the forest resources should be evaluated to determine the feasibility of harvesting and sale of forest products before disposal of lands. This evaluation must consider the effects of harvesting on the future use and environmental quality of the property as well as its relative diminution of the property's fair market value. With respect to base realignment and closure property, the evaluation should also consider the impact of harvesting on the redevelopment plans of the local redevelopment authority. Planned harvesting may continue on land reported as excess until actual disposal or transfer, provided that the evaluation determines that harvesting and sale of forest products should proceed and any sales agreement does not provide otherwise.

·5.9. Property with Military Munitions

5.9.1. Real property known to contain or suspected of containing explosive or chemical agent hazards shall not be transferred out of DoD control (other than to the Coast Guard) unless appropriate protective measures have been taken to ensure the recipient of the property is both fully informed of the actual and potential hazards relating to the presence or possible presence of explosives or chemical agents and restrictions or conditions have been placed on the use of the property to avoid harm to users due to the presence of explosives or chemical agents. Appropriate notice requirements and restrictions on use will be submitted by the disposing

10

DoD! 4165.72, December 21,2007

Component to the Department of Defense Explosives Safety Board for its approval prior to transfer. An outgrant such as a lease or permit may constitute transfer out of DoD control if the DoD Component does not retain sufficient control over the property to adequately manage exposure to explosive or chemical agent hazards.

5.9.2. Real property being transferred out of DoD control after explosive and chemical agent hazards have been addressed, but which is adjacent to property where such hazards have not been addressed, will have appropriate restrictions and reservations included in the transfer documents to ensure the use of the transferred property does not obstruct addressing the hazards on the adjacent property. DUSD(I&E), after consultation with the Department of Defense Explosives Safety Board, will provide model language for this purpose.

5.10. Retention of Access Rights

5.10.1. Property disposed of but not subject to inclusion of clauses under Reference (s) or paragraph 5.5. should retain a right of entry onto the property for purposes of addressing the possibility of undiscovered contamination. For this purpose, the transfer document should contain a clause similar to or the same as the clause contained at paragraph E.2.3.3., although without including in the clause any reference to Reference (s).

5.10.2. Appropriate access rights should also be retained whenever other laws or provisions of the transfer document could generate an obligation or responsibility on the part of the United States requiring it to return to the property.

5.11. Indemnification Under Section 330 of the National Defense Authorization Act for Fiscal Year 1993 (Reference (v)), as amended. Reference (v) provides for indemnification of transferees of closing DoD properties under circumstances specified in that statute. The authority to implement this provision oflaw has been delegated by the Secretary of Defense to the General Counsel of the Department of Defense; therefore, this provision of law shall only be referred to or recited in any deed, sales agreement, bill of sale, lease, license, easement, right-ofway, transfer document for real or personal property, or cooperative agreement or grant after obtaining the written concurrence of the Deputy General Counsel (Environment and Installations), Office of the General Counsel, Department of Defense.

7. EFFECTIVE DATE

This Instruction is effective immediately.

8. RELEASABILITY

UNLIMITED. This Instruction is approved for public release. The DoD Components (to include the Combatant Commands), other Federal agencies, and the public may obtain copies of

11

DoD! 4165.72, December 21, 2007

this Instruction through the Internet from the DoD Issuances Web Site at http://www.dtic.millwhs/ directives.

Enclosures - 3 E 1. References, continued E2. CERCLA 120(h) Clauses E3. Table ofCERCLA 120(h) Clauses

12

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DoD! 4165.72, December 21,2007

E1. ENCLOSURE 1

REFERENCES, continued

(e) Joint Publication 1-02, "Department of Defense Dictionary of Military and Associated Terms," as amended

(f) Section 101 of title 10, U.S.c. (g) DoD Instruction 4165.14, "Real Property Inventory and Forecasting," March 31,2006 (h) Section 2696 of title 10, U.S.C. (i) Title 40, CFR, Part 373, "Reporting Hazardous Substance Activity When Selling or

Transferring Federal Real Property," current edition (j) Title 41, CFR, Part 102-75, "Federal Management Regulation," current edition (k) DoD 7000. 14-R, "DoD Financial Management Regulations," current edition (1) Section 11411 oftitle 42, U.S.C., "McKinney Vento Homeless Assistance Act" (m) Section 2668a of title 10, U.S.C. (n) Section 470, et seq., oftitle 16, U.S.C., "The National Historic Preservation Act" (0) Title 43, CFR, Part 2720, "Conveyance of Federally-Owned Mineral Interests," current

edition (P) DoD Instruction 4165.70, "Real Property Management," January 6,2005 (q) Executive Order 11988, "Floodplain Management," May 24, 1977 (r) Executive Order 11990, "Protection of Wetlands," May 24, 1977 (s) Section 120(h) of the Comprehensive Environmental Response, Compensation, and

Liability Act of 1980 (CERCLA) (Section 9620(h) of title 42, U.S.C.) (t) Report of Excess Real Property (Standard Form 118) (u) Section 2665 of title 10, U.S.C. (v) Section 330 of Public Law 102-484, "The National Defense Authorization Act for Fiscal

Year 1993"

13 ENCLOSURE 1

DoD! 4165.72, December 21,2007

E2. ENCLOSURE 2

CERCLA 120(h) CLAUSES

TEXT OF CLAUSES PROVIDED PURSUANT TO SECTION 120(h) OF CERCLA (Reference (s))

[USER NOTE: UPON USE, DELETE MATERIAL IN SQUARE BRACKETS. THE MATERIAL IN BOLD CURLY BRACKETS IS TO BE FILLED IN OR A SELECTION MADE.]

E2.1-DEPARTMENT OF DEFENSE UNIFORM NOTICE, DESCRIPTION, ACCESS RIGHTS, AND COVENANTS FOR SECTION 120(h)(3) OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,

COMPENSATION, AND LIABILITY ACT OF 1980 (42 U.S.c. § 9620(h)(3))

E2.1.1. "_. Property Covered by Notice, Description, Access Rights, and Covenants Made Pursuant to Section 120(h)(3)(A) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. § 9620(h)(3)(A)):"

[OPTION #1: FOR USE WHERE THE 120(h) CLAUSES ONLY APPLY TO CERTAIN PARCELS OF THE TOTAL PROPERTY.]

"For parcels of the property, the Grantor provides the following notice, description, and covenants and retains the following access rights:"

[OPTION #2: FOR USE WHERE THE 120(h) CLAUSES APPLY TO THE ENTIRE PROPERTY.]

"For the property, the Grantor provides the following notice, description, and covenants and retains the following access rights:"

E2.1.2. "_. Notices Pursuant to Section 120(h)(3)(A)(i)(I) and (II) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. § 9620(h)(3)(A)(i)(I) and (II)):"

[OPTION #1: FOR LENGTHY NOTICES, SET FORTH THE DETAILED INFORMATION IN AN EXHIBIT TO THE DEED AND INCORPORATE IT BY THIS REFERENCE.]

"Pursuant to section 120(h)(3)(A)(i)(I) and (II) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. § 9620(h)(3)(A)(i)(I) and (II)), available information regarding the type, quantity, and location of hazardous substances and the time at which such substances were stored, released, or disposed of, as defmed in section 120(h), is provided in Exhibit _, attached hereto and made a part hereof."

[OPTION #2: FOR BRIEF NOTICES, SET FORTH THE DETAILED INFORMATION IN THE NOTICE ITSELF.]

14 ENCLOSURE 2

DoD! 4165.72, December 21,2007

"Pursuant to section 120(h)(3)(A)(i)(I) and (II) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 US.C. § 9620(h)(3)(A)(i)(I) and (II», notice is hereby provided that {INSERT DESCRIPTION OF TYPE, QUANTITY, AND LOCATION OF

HAZARDOUS SUBSTANCES} {was/were} {stored/released/disposed of} on the property on or about {INSERT DATES IF KNOWN FOR SUCH STORAGE, RELEASE, OR DISPOSAL OF HAZARDOUS

SUBSTANCES}."

E2.1.3. "_. Description of Remedial Action Taken, if Any, Pursuant to Section 120(h)(3)(A)(i)(III) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. § 9620(h)(3)(A)(i)(III):"

[OPTION #1: FOR LENGTHY DESCRIPTIONS, SET FORTH THE DETAILED INFORMATION IN AN

EXHffiIT TO THE DEED AND INCORPORATE IT BY THIS REFERENCE.]

"Pursuant to section 120(h)(3)(A)(i)(III) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 US.C. § 9620(h)(3)(A)(i)(III», a description of the remedial action taken, if any, on the property is provided in Exhibit _, attached hereto and made a part hereof."

[OPTION #2: FOR BRIEF DESCRIPTIONS, SET FORTH THE DETAILED INFORMATION IN THE

NOTICE ITSELF.]

"Pursuant to section 120(h)(3)(A)(i)(III) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 US.c. § 9620(h) (3)(A) (i) (III)) , a remedial action consisting of {FILL IN DESCRIPTION OF THE REMEDIAL ACTION} has been taken on the property. "

E2.1.4. "_. Covenant Pursuant to Section 120(h)(3)(A)(ii) and (B) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. § 9620(h)(3)(A)(ii) and (B»:

"Pursuant to section 120(h)(3)(A)(ii) and (B) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 US.C. § 9620(h)(3)(A)(ii) and (B)), the United States warrants that-

"(a) all remedial action necessary to protect human health and the environment with respect to any hazardous substance identified pursuant to section 120(h)(3)(A)(i)(I) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 remaining on the property has been taken before the date of this deed, and

"(b) any additional remedial action found to be necessary after the date of this deed shall be conducted by the United States."

15 ENCLOSURE 2

DoD! 4165.72, December 21,2007

E2.1.S. " Access Rights Pursuant to Section 120(h)(3)(A)(iii) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. § 9620(h)(3)(A)(iii»:

"The United States retains and reserves a perpetual and assignable easement and right of access on, over, and through the property, to enter upon the property in any case in which a remedial action or corrective action is found to be necessary on the part of the United States, without regard to whether such remedial action or corrective action is on the property or on adjoining or nearby lands. Such easement and right of access includes, without limitation, the right to perform any environmental investigation, survey, monitoring, sampling, testing, drilling, boring, coring, testpitting, installing monitoring or pumping wells or other treatment facilities, response action, corrective action, or any other action necessary for the United States to meet its responsibilities under applicable laws and as provided for in this instrument. Such easement and right of access shall be binding on the grantee and its successors and assigns and shall run with the land.

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

"In exercising such easement and right of access, neither the grantee nor its successors and assigns, as the case may be, shall have any claim at law or equity against the United States or any officer or employee of the United States based on actions taken by the United States or its officers, employees, agents, contractors of any tier, or servants pursuant to and in accordance with this clause: Provided, however, that nothing in this paragraph shall be considered as a waiver by the grantee and its successors and assigns of any remedy available to them under the Federal Tort Claims Act."

E2.2-DEPARTMENT OF DEFENSE UNIFORM 120(h) CLAUSES FOR SECTION 120(h)(3)(C)(iii) OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT

OF 1980 (42 U.S.C. § 9620(h)(3)(C)(iii»

E2.2.1. "_. Property Covered by Notice, Description, Assurances, Access Rights, and Covenants Made Pursuant to Section 120(h)(3)(A) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. § 9620(h)(3)(A»:"

16 ENCLOSURE 2

DoD! 4165.72, December 21,2007

[OPTION #1: FOR USE WHERE THE 120(h) CLAUSES ONLY APPLY TO CERTAIN PARCELS OF THE

TOTAL PROPERTY.]

"For parcels of the property, the Grantor provides the following notice, description, assurances, and covenants and retains the following access rights:"

[OPTION #2: FOR USE WHERE THE 120(h) CLAUSES APPLY TO THE ENTIRE PROPERTY.]

"For the property, the Grantor provides the following notice, description, assurances, and covenants and retains the following access rights:"

E2.2.2. "_. Covenant Pursuant to Section 120(h)(3)(A)(ii)(II) and (B) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.c. § 9620(h)(3)(A)(ii)(II) and (B»:

"Pursuant to section 120(h)(3)(A)(ii)(II) and (B) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. § 9620(h)(3)(A)(ii)(II) and (B)), the United States warrants that any additional remedial action found to be necessary after the date ofthis deed shall be conducted by the United States."

E2.2.3." . Assurances Pursuant to Section 120(h)(3)(C)(ii) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. § 9620(h)(3)(C)(ii» :

"Pursuant to section 120(h)(3)(C)(ii) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. § 9620(h)(3)(C)(ii»), the United States provides the following response action assurances:

{(I) INSERT DESCRIPTION AND ASSURANCE OF ANY NECESSARY RESTRICTIONS ON THE USE OF

THE PROPERTY TO ENSURE THE PROTECTION OF HUMAN HEALTH AND THE ENVIRONMENT;

(2) INSERT DESCRIPTION AND ASSURANCE OF ANY RESTRICTIONS ON USE NECESSARY TO

ENSURE THAT REQUIRED REMEDIAL INVESTIGATIONS, RESPONSE ACTION, AND OVERSIGHT

ACTIVITIES WILL NOT BE DISRUPTED;

(3) INSERT ASSURANCE THAT ALL NECESSARY RESPONSE ACTION WILL BE TAKEN AND IDENTIFY

THE SCHEDULES FOR INVESTIGATION AND COMPLETION OF ALL NECESSARY RESPONSE ACTION

AS APPROVED BY THE APPROPRIATE REGULATORY AGENCY; AND

(4) INSERT ASSURANCE THAT THE DoD COMPONENT WILL SUBMIT A BUDGET REQUEST TO THE

DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET THAT ADEQUATELY ADDRESSES

SCHEDULES FOR INVESTIGATION AND COMPLETION OF ALL NECESSARY RESPONSE ACTION,

SUBJECT TO CONGRESSIONAL AUTHORIZATIONS AND APPROPRIATIONS.}"

17 ENCLOSURE 2

DoDI 4165.72, December 21,2007

[USER NOTE: THE FOLLOWING 120(b) CLAUSE GRANTED PURSUANT TO SECTION 120(b)(3)(C)(iii) IS GRANTED WHEN ALL RESPONSE ACTION NECESSARY TO PROTECT HUMAN

HEALTH AND THE ENVIRONMENT WITH RESPECT TO ANY SUBSTANCE REMAINING ON THE PROPERTY ON THE DATE OF TRANSFER HAS BEEN TAKEN:]

E2.2.4. " Warranty Pursuant to Section 120(b)(3)(C)(iii) of tbe Comprebensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. § 9620(b)(3)(C)(iii»:

"Pursuant to section 120(h)(3)(C)(iii) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. § 9620(h)(3)(C)(iii», the United States warrants that all response action necessary to protect human health and the environment with respect to any substance remaining on the property on the date of transfer has been taken."

E2.3-DEPARTMENT OF DEFENSE UNIFORM 120(b) CLAUSES FOR SECTION 120(b)(4) OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT OF 1980

(42 U.S.c. § 9620(b)(4»

E2.3.1. "_. Property Covered by Covenant and Access Rigbts Made Pursuant to Section 120(b)(4)(D) oftbe Comprebensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.c. § 9620(b)(4)(D»:"

[OPTION #1: FOR USE WHERE THE 120(b) CLAUSES ONLY APPLY TO CERTAIN PARCELS OF THE TOTAL PROPERTY.]

"For parcels of the property, the Grantor provides the following covenants and retains the following access rights:"

[OPTION #2: FOR USE WHERE THE 120(b) CLAUSES APPLY TO THE ENTIRE PROPERTY.]

"For the property, the Grantor provides the following covenants and retains the following access rights:"

E2.3.2. "_. Covenant Pursuant to Section 120(b)(4)(D)(i) oftbe Comprebensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.c. § 9620(b)(4)(D)(i»:

"Pursuant to section 120(h)(4)(D)(i) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. § 9620(h)(4)(D)(i», the United States warrants that any response action or corrective action found to be necessary after the date of this deed for contamination existing on the property prior to the date ofthis deed shall be conducted by the United States."

18 ENCLOSURE 2

DoD! 4165.72, December 21,2007

E2.3.3. "_. Access Rights Pursuant to Section 120(h)(4)(D)(ii) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.c. § 9620(h)(4)(D)(ii»:

"The United States retains and reserves a perpetual and assignable easement and right of access on, over, and through the property, to enter upon the property in any case in which an environmental response or corrective action is found to be necessary on the part of the United States, without regard to whether such environmental response or corrective action is on the property or on adjoining or nearby lands. Such easement and right of access includes, without limitation, the right to perform any environmental investigation, survey, monitoring, sampling, testing, drilling, boring, coring, testpitting, installing monitoring or pumping wells or other treatment facilities, response action, corrective action, or any other action necessary for the United States to meet its responsibilities under applicable laws and as provided for in this instrument. Such easement and right of access shall be binding on the grantee and its successors and assigns and shall run with the land.

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

"In exercising such easement and right of access, neither the grantee nor its successors and assigns, as the case may be, shall have any claim at law or equity against the United States or any officer, employee, agent, contractor of any tier, or servant of the United States based on actions taken by the United States or its officers, employees, agents, contractors of any tier, or servants pursuant to and in accordance with this clause: Provided, however, that nothing in this paragraph shall be considered as a waiver by the grantee and its successors and assigns of any remedy available to them under the Federal Tort Claims Act."

19 ENCLOSURE 2

DoD! 4165.72, December 21,2007

E3. ENCLOSURE 3

Table of CERCLA 120(h) Clauses

Categories of CERCLA 120(h) clause requirements: 120(h)(3)1 120(h)(3)(C) 120(h) (4)

Ap plicable clauses for each category: E2. 1. 1. E2.2.1. E2.3.1. E2.1.2. E2.1.2. E2.3.2. E2.1.3. E2.1.3. E2.3.3. E2.1.4.L E2.2.2.L E2.1.5. E2.2.3.

E2.1.5. After all response actions

have been taken: E2.2.1.L E2.2.4.L

1 But excluding those properties subject to deferral under paragraph 120(h)(3)(C). 2 These clauses shall not be provided in any case in which the person or entity to whom the real property is transferred is a potentially responsible party with respect to such property.

20 ENCLOSURE 3

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