This DEED is made t h i s 23rd day of October, 1992, between

the UNITED STATES OF AMERICA, a c t i n g through t h e S e c r e t a r y of

ducati ion, by David B. Hakola, D i r e c t o r ; :Federal Real Property

~ssistance Program, off ice of t h e ~ d m i n i s t r a t o r f o r Management

Services, 4 00 Maryland Avenue, S W , Washington, DC ( r ' G R ~ N T ~ R n s ) '

pursuant t o 5203 (k) of t h e Federal Property and Administrative

se rv ices A c t of 1 9 4 9 , a s amended P.L. No. 81-152. 63

Sta t . 377, 4 0 U.S.C. 1471. & m., Reorganization Plan No. 1 of

1953, t h e Department of Education organiza t ion A c t of 1979, P. L.

N o . 96-88, 93 S t a t . 668, 2 0 U.S.C. 03401 & -. , and the Territory of Guam on behalf of its Department of Education.

Agana, Guam ("GRANTEE") . I. RECITALS

1. By letter dated September 1 4 , 1 9 9 2 , from t h e General

services Administration, c e r t a i n Federal surplus r e a l property

located i n Yigo, Guam, known as L o t @'Bm -4, former Marbo Base

Command, Andersen Air Force Base Administration Annex and

-cons. is;ti.ng. Yc '...a PFrOx imatte l.Y-.Y-.. * OO.O"" aaCCY~~sS;T~tt Pir.o p7i!-y t-Y *,.I -=.=- -m gs:Ts- ii-. e-ddd ddddd=A-=-z!

. . . . . . . - .. . - - - . I

t o GRANTOR for disposa l upon the reco'hunendation of GRANTOR t h a t - t h e Property is needed f o r educational purposes i n accordance

with the provis ions of t h e Act,

2. GRANTEE has made a f inn o f f e r t o purchase t h e Property /

under' the provisions of the Act, has appIied for a pub l i c benefit -- ."

'allowance, and- proposes to use the Property for educational

purposes as detailed in its application to GRANTOR dated February

7, 1992 (nApplicationN).

3. The General services Administration has notified GRANTOR

that no objection will be interposed to the transfer of the

Property to GRANTEE, and GRANTOR has accepted the offer of

GRANTEE.

11. AGaEEMENT

4. GRANTOR, in consideration of the foregoing, one dollar,

the performance by the GRANTEE of the covenants, conditions, and - -+

restrictions hereinafter contained and other good and valuable

consideration, the receipt of.which is hereby acknowledged, does

hereby remise, release and quitclaim to ,the GRANTEE, its

successors and assigns, all right, title, interest, claim and

demand, reserving such rights as may arise from the operation of

the conditions subsequent, restrictions and covenants o f . t h i s

Deed, which .the UNITED STATES OF AMERICA has in and to the

Property, which is more particularly described in EXHIBIT lfA",

attached hereto, and by reference incorporated herein.

5. GRANTEE, by acceptance of this ~uitclaim Deed, agrees '-----r-

that it shall make no use of the Property which damages the water - _ _ - - - - -- -- - -- lens under the Property and the water lens and other water wells- - -- --..-- - on adjacent properties; and that this covenant shall run with the

land and be enforceable on all future owners of the land until - -- -- ---a- - .

this use res t f ic t ion is canceled by an authorized representative

of the UNITED STATES OF AMERICA.

6. GRANTEE by acceptance of .this ~ u i t c l a h Deed agrees t ha t

the Property is transferred on an "as is, where isn basis without

warranties of any kind either expressed or implied. GRANTEE

fur ther agrees that this conveyance is subject to any and all

existing easements, rights of way, reservations, and servitudes,

whether of record or not.

7 . GIULNTEE, by acceptance of t h i s Quitclaim Deed , expressly I

I I I acknowledgps that the Island of Guam w a s part of the World War IT

conflict and, a s such, that portions of the island w e r e subject

to contamination'by the introduction o f unexploded and dangerous

bombs, she l l s , rockets, mines and other charges, either below or

upon the surface thereof, some of which may remain on the island

in an unexploded condition or state.

8. GRANTEE, by acceptance of this Quitclaim Deed and as ,

further consideration for t h i s conveyance, covenants and agrees

for itself, its successors and ass igns , to assume a l l risks of I 1 personal injuries and property damages of any kind whatsoever,

I

I I I

including all risks caused by poss ib le contaminatien of the

Property by unexploded ordinance arising out of ownership,

maintenance, occupation or use of the Property by any person - whatsoever: and further covenants and agrees to indemnify and

save harmless GRANTOR, its ufficers, agents and employees,

against all liability, claims and cause of act ion suits a r i s i n g I / '

out o r resu l t ing from the contaminated condition of the Property.

111. CONDITIONS SUBSEQUENT

9. GRANTEE shal l HAVE AND HOLD the Property, subject,

however, to each of t h e following-conditions subsequent, which - -__ - _ _ _ -- -. ---

a r e f o r the s o l e benefit of the UNITED STATES O F AMERICA and

which shall be binding upon and enforceable against GRANTEE, its

successors and assigns as follows:

(1) For a period of t h i r t y (30) years from the da te of this

ex Deed, the Property w i l l be used continuously for e --------\ __-I-"- -

educational purposes i n accordance with t h e proposed - \____I_ "_ - - ------

program and plan of GRANTEE as set forth i n its

dnd f o r no o t h e r purposes. GRANTOR - reserves the r i g h t to enter and inspect t h e Property - during sa id period. . A

(2) ~ u r i n g the above, period of thirty (30) years, GRANTEE - ' G . r/ -

will not sell, resell, lease, ren t , mortgage, encumber, _- -. - o r otherwise t r ans fe r any i n t e r e s t i n any pa r t of the

Property except as GRANTOR may authorize i n advance i n

writing.

- (-3 ) -- One--pear--ir om- tKe--datte ox thls-DKea - H r i d - ~ ~ a I X ~ ~ ~ ~ - - - - -

thereafter f o r the period of thirty (30) years, u n l e s s *

GRANTOR d i r ec t s otherwise, GRANTEE w i l l f i l e with

GRANTOR a repor t , on t h e operat ion and maintenance of

t he Property and will fu rn i sh , as requested by GRANTOR,

9- 4-02;10:30AM;DEPT. OF LAND MGMT. :671 477 0883

such other pertinent information evidencing its

continuous use of the Property as required by condition

subsequent 1.

( 4 ) During the above period' of thirty (30) years, GRANTEE

will at all times be and remain a tax supported

institution or a nonprofit institution, organization,

or association e:xempt from taxation under 9501 (c) ( 3 ) of

the Internal Revenue Code of 1954, as amended. -4 ,----- -.-

( 5 ) Far the period during which the Property is used for

(the purpose for which Federal assistance is hereby

extended by GRANTOR or for another purpose involving I

the provi'sion of similar services or benefits, GRANTEE

hereby agrees that it will -comply with the requirements

of (a) Title VI of the Civil Rights Act of 1964 (P.L. I I 1

No. 8 8 - 3 5 2 ) ; 42 U.S.C. 82000d et seq.; (b) ~ i t l e IX of 1 I I

the Education Amendments of 1972 (P.L. No. 92-318), 20 1 I

U.S .C. 3 1681 seq,; (c) 5504 of the ~ehabilitation

Act of 1973 (P.L. N o . 93-112), 29 U . S . C . 5794 & w.; and all requirements imposed by or pursuant to the

1 Regulations (34 C.F.R. Parts 12, 100,

issued pursuant to the Act and now in effect, to the

end that, in accordance with said Acts and Regulations, - no person in the united States shall, on the ground of

race, color, national origin, sex, or handicap, be

excluded from participation in , be denied the benefits

of, or otherwise be subjected to discrimination under I'

C .

the program and plan referred to in condition

s a s e q u e n t 1 above or under any other program-or

ac t iv i t y of the GRANTEE, its successors and assigns, t o

which such Acts and Regulations apply by reason of th i s

conveyance.

10. The failure of GRANTOR to insist in any one or more

instances upon complete performance of the conditions subsequent,

terms, or covenants of t h i ~ Deed shall not be construed as a

waiver of,, or a relinquishment of GRANTOR'S right t o the future

performance of any of those conditions subsequent, terms and

covenants and the GRANTEE'S obligations w i t h respect to such

future performance shall continue i n full force and effect. . . 11. In the event of a breach of any of the conditions I

subsequent or in the event of a breach o f any other terms and

covenants of this Deed, whether caused by the legal or other

inability of GRANTEE, its successors and ass igns , to perform any

of the terms and conditions o f . t h i s Deed, a t the option of the

UNITED STATES OF AMERICA, all right, title, and interest i n and

'to the Property shall, upon the recording by the UNITED STATES OF .-.. - - - - - - - - - -

AMERICA of a Notice-of Entry,.' passV'to and become the property of

the UNITED STATES OF AMERICA, which s h a l l have an immediate right I

I to entry thereon, and the GRANTEE, its successors and assigns,

sha l l forfeit a l l right, t i t l e , and interest i n and to the

., . - . --. . - - --. .... . --. , . 'I .-,..,",, mu.... - .o 1 3 4 I 1 UOOQ R I / . . . . . 7 1

' I -

Property and. i n and t o any and a l l of t h e tenements,

hereditaments, and appurtenances the re to .

12. In t h e event the GRANTOR fails t o exercise its options

t o ' r e e n t e s t h e Property o r t o revert t i t l e thereto f o r any breach

of conditions subsequent 1, 2 , 3, and 4 of Paragraph 9 of t h i s

Deed within thirty one (31) . years f r o m the. date of this

conveyance, conditions'subsequent 1, 2, 3, and 4 of s a i d

Paragraph 9 , together with a l l r i g h t s to reenter and revert title

I for breach of those conditions, w i l l , as of that da te , terminate I 1 and be exti'nguished.

13. The expirat ion of condit ions subsequent 1, 2, 3, and 4 J 1 of Paragraph 9 of this Deed and the r i g h t to reen te r and rever t I t i t l e for breach thereof , will n o t affect t he obligation of

GRANTEE, its successors and assigns, with respect to condition I . I ~

I I I subsequent 5 of Paragraph 9 of this Deed o r the r i g h t reserved to

GRANTOR t o r een t e r and rever t title for breach of condition

subsequent 5 ,

IV. COVENANTS

14, GRANTEE, by the acceptance of this Deed, covenants and

'agrees f o r itself, its successors and assigns, that i n the event

GRANTOR exercises its option t o revert all right, t i t l e , and

interest in and to t h e Property t o GRANTOR, o r GRANTEE - volun ta r i ly r e tu rns title to the Property i n l i e u of a reverter,

the GRANTEE sha l l provide protec t ion t o and maintenance of the

Property a t a l l times until such time as t h e t i t l e t o t h e

" . I , . . ' - - .

. , ' ,

Property, or ~ossession of the Property, whichever occurs later

I in time, is actually reverted or returned to and accepted by

GRANTOR. Such protection and maintenance shall, at a minimum,

confom to the standardb prescribed by the General Services I Administration in FPMR 101-47.4913 (41 C.P.R. Part 101-47.4913)

now in effect , a copy. of which is referenced . in the. GRANTEEt s

Application.

15, GRANTEE, by the acceptance of this Deed, covenants

that, at all times during the period that title to the Property

is ves ted- in GRANTEE, its transferees or assigns, subject to

conditions subsequent 1, 2 , 3 , and 4 of Paragraph 9 of this D e e d ,

it will comply with all provisions of the following: the

National Environmental Policy Act of 1969, as amended, 42 U . S . C .

34321 & M., including the preparation of environmental impact 8:-

statements, as required (see 42 U.S.C. 94332) ; the National '4

Historic Preservation Act of 1966, as amended (P.L. No. 89-665);

Executive Order No. 11988, 44 Fed- Reg. 43239 (1979) , re~rinted in 42 U.S.C.A. 54321 app. at 188-189 (1987), governing floodplain - management; Executive Order No. 11990, 42 Fed. Reg. 26961

(1977), renrinted in- 42 U.S .C .A. 14321 app. at 197-198 (1987) ,. governing protection of wetlands; Federal Property Management .

Regulations, 4 1 C.F.R. 101-47.304-13: 4 1 C.F.R. 101-47-200 & - Egg, 53 Fed. Reg. 29892 (1988), provisions relating to asbestos;

and other appropriate guidelines, laws, regulations or executive

9- 4-02;10:3OAM;DEPT. OF LAND MGMT. ;671 477 0883 Jt: Q/ .. . ' . . . - I ' ,.

orders, federal, s t a t e o r local, pertaining to f loodplains,

wetlands o r the future use of t h i s Property.

16. GRANTEE, by acceptance of this Deed, covenants and

agrees f o r i tself , its successors and assigns, and every I successor i n interest t o the Property herein conveyed o r any p a r t

thereof that it w i l l comply with the requi'rements of (a) title.^^

of the c i v i l Rights A c t of 1964 (P-L. No, 88-352), 42 U.S.C.

1 12000d m. ; (b) T i t l e I X of the Education Amendments of 1972

I (POL. No, ,92-318), 20 U.S.C. 91681 & seg.; .(c) Section 504 of

the ~ e h a b i l i t a t i o n A c t of 1973 (P.L. No. 93-112), 29 U.S.C. 1794

et =.;.and all requirements imposed by o r pursuant to t h e -

I Regulations (34 C.F,R. Parts 12, 100, 104 and 106) issued

pursuant t o the Act and now in effect, to the end t h a t , i n

accordance with said Acts and Regulations, no person in t he

United States s h a l l , on the ground of race, color, na t iona l

I origin, sex, or handicap, be excluded from par t i c ipa t ion i n , be

denied the benef i t s o f , o r otherwise be subjected to

discrimination under. the program and plan referred to i n

condit ion subsequent 1 above or under any other program o r

activity of the GRANTEE, its successors and assigns, t o which '

such A c t s and Regulations apply by reason of this conveyance.

T h i s covenant shall attach t o and run with t h e land for so long - as the Property is used f o r a purpose for which Federal

assistance is extended by GRANTOR or for another purpose

involving the provision of similar services or benefits, and

9

shall in any event, and without regard t o technical I '

J classifications or designation, legal or otherwise, be binding t o

the f u l l e s t extent permitted by law and e w i t ~ , f o r the benef i t

of , i n favor of and enforceable by GRANTOR agains t GRANTEE, its

successors and assigns, f o r the Property, or any part thereof.

In the event of a breach of this covenant by GRANTEE o r by its

successors o r assigns, GRANTOR, m a y , i n addition t o any right o r

r e m e d y set fo r th i n this agreement, ava i l itself of any remedy

authorized by the violated s t a t u t e o r regulation.

17. ,1n t he event t i t l e t o the Property or any p a r t thereof

is reverted t o the UNLTED STATES O F AMERICA for noncompliance o r

is voluntari'ly reconveyed in l i eu of reverter, GRANTEE, its

successors o r assigns, shall at tbe option of GRANTOR, be .

responsible for and be required to reimburse the UNITED- STATES OF - t;

AMERICA for the decreased value thereof t h a t is not the r e s u l t of -., ,. . --

1 reasonable wear i d tear, an act of God, o r a l t e r a t i o n s and

conversions made by the GRANTEE and approved by the GRANTOR, to

I adapt t h e Property to the educat ional use f o r which t h e Property

i was transferred. GRANTEE s h a l l , i n addition the re to , reimburse

I 'GRANTOR f o r damage it may sustain as a result of such 1 I

I

I noncompliance, including but n o t l im i t ed t o cos t s incurred t o

i recover t i t l e t o or possession of the Property. - ~ I I

18. GRANTEE may seek abrogation of the conditions ~ ~ subsequent 1, 2 , 3., and 4 of Paragraph 9 of this Deed by:

. .. - . --. . - - -"- '"I . YLT t . Ur L h I V Y MUM I .

. , ;67r 477 0883 . . . . ' ' I . 1 ,

a. obtaining the advance written consent of the GRANTOR:

and

b. Payment to the UNITED STATES O F AEIWICA a sura of money

equal to the f a i r market .value of the property t o b e

released from t h e condi t ions as of. t h e effective d a t e

. of the. abrogation:

(1) multiplied by the percentage pub l i c benefit

allowance granted at the t i m e of conveyance,

(2) divided by 360, and

,(3) multiplied by the number of months, o r any port ion

thereof , of t h e remaining period of r e s t r i c t i o n s t o b e

abrogated.

19. GRANTEE, by acceptance of this Deed, f u r t h e r covenants

- and agrees f o r itself, its successors and assigns, t h a t i n the

event the Property o r any par t o r interest thereof is a t any time

within the period of thirty (30) years from the date of this

conveyance sold, leased, mortgaged, encumbered o r otherwise -- -

disposed of o r used for purposes o t h e r than those designated in . .

condition subsequent 1 above without t h e written consent of -- ------..

GRANTOR, all revenues therefrom and the reasonable value, as - - -

determined by GRANTOR, of any o the r b e n e f i t s t o GRANTEE deriving I- / directly or indirectly from such sale, lease, mortgage,

I

I encumbrance, disposal o r use, s h a l l be considered to have been

received and held i n trust by GRANTEE f o r t h e UNITED STATES OF

AMERICA and sha l l be subject t o the direction and contro l of

-11

Gl?ZiNTBR; but the provisions of this paragraph shall not impair or

affect t h e rights reserved to GRANTOR under any o t h e r provision f,

of t h i s 'Qked.

2 0 . GRANTEE, by the acceptance of t h i s Deed, further

covenants and agrees for i tself, its successors and assigns, that

I at a l l times during the period t h a t t i t l e . t o the Property is I vested in GRANTEE subject to condit ions subsequent 1, 2, 3 , and 4

of Paragraph 9 of t h i s Deed, GRANTEE shall a t its s o l e c o s t and

expense keep and maintain the Property and the improvements-

thereon, including a l l buildings, s t ruc tures and equipment a t any

1 time situate upon the Property, i n good order, condit ion and 1 r epa i r , and free from any waste whatsoever.

21. GRANTEE, by the acceptance of this Deed, further

covenants and agrees f o r itself # its successors and assigns, that @,-, 1 I

1 . at a l l times during t h a t period that it holds title to the ? I

Property subject to conditions subsequent 1, 2 , 3, and 4 of

/ Paragraph 9 oi this Deed, it s h a l l not engage i n , authorize, I

I I permit or su f f e r the extrac t ion o r production of any minerals . . - -

from the Property without the written consent of GRANTOR. - - - - -- - 'GRANTEE, by the acceptance of t h i s Deed, further covenants and.

agrees f o r i tself , its successors and assigns, that should an,

ex t rac t ion o r production of minerals including, but n o t limited " -- --- d

to oil, gas, coal, and sulpkur on o r under the described Property - - 1

-

occur during that period that it holds title to t h e Property

subject to conditions subsequent 1, 2 , 3 , and 4 of Paragraph 9 of

9- 4-02;10:30AM;DEPT. OF LAND MGMT- . .

- , I . I t

this Deed (i) -it will hold all payments, bonuses, delayed

rentals, or royalties in tnst f o r GRANTOR and (ii) . t h a t all net

revenues and proceeds resuiting f r o m the extraction or production

of any minerals, including, but not= limited to, o i l , gas, coal or -- ,, - sulphur, by GRANTEE, its successors and assigns, will be held in -. trust for and promptly paid to GRANTOR. The listing of certain

minerals sha l l not cause the doctrine of eiusdem seneris to

apply. Nothing herein shall be construed as authorizing the

GRANTEE to engage in the extraction or production of minerals in,

on, or und& the Property,

22.. GRANTEE, by acceptance o f this Deed, covenants that,

upon the recording by the UNITED STATES OF AMERICA of a N o t i c e of

Entry, . a l l r ight , t i t le , and i n t e r e s t i n and to the Property

I shall pass to and become tde property of the UNITED STATES OF

AMERICA, which shall have an immediate right to enter thereon,

and the GRANTEE, its successors and assigns, shall immediately

and quietly quit possession: thereof and forfeit a l l r ight, t i t l e ,

and interest in and to the Property and in any and a l l of the

tenements, hereditaments, and appurtenances thereunto belonging, .,

I "conveying a l l right, title, j and interest conveyed to it in t h i s

Deed except for encumbrances authorized and approved by the I I I GRANTOR i n writing as provided in condition subsequent 2 of - I I I

Paragraph 9 of this Deed.

I 23. If the GRANTEE, its successors or assigns, shall cause

I the Property and/or any improvements thereon to be insured

13

against loss, damage or destruction, or if the GRANTOR requires

such insurance while the Property is subj e c t to condit ions

I subsequent 1, 2, 3 , and 4 of paragraph 9 of this Deed, and any

1 such loss, damage or destruction shall occur during the period ,

GRANTEE holds title to the Property subject to conditions

I subsequent 1, 2, 3 , and 4 set forth in Paragraph 9 of this Deed,

. s a i d insurance and a l l moneys payable to GRANTEE, its successors

or assigns, shal l be held in trust by the GRANTEE, its successors I

or assigns, and shall be promptly used by GRANTEE f o r the purpose

of repairing, and restoring'the Property to its former condition 1 or replacing it with equiva ent or more suitable facilities; or, I i f not so used, shall be paid over to the Treasurer of the United

I States i n an amount equal to the unamortized public benefit

I allowance of Property multiplied by the current fair market value

of the improvements lost, d maged o r destroyed. If the Property

is located in a floodplain, GRANTEE will, during the period it i L

holds title subject to conditions subsequent 1, 2 , 3, and 4 of

I Paragraph 9 of this Deed insure the Property and any machinery,

I equipment, fixtures, and fu nishings contained therein against T

. loss, damage, or destructio; from flood, to the maximum l i m i t of

coverage made available w i 6 respect to the Property under 5102 ?

of the Flood Disaster protection Act of 1973 (P.L. No. 93-234). - Proceeds of such insurance w i l l be u s e d a s set forth above.

i

24 . GWWI?EE fu r the r chvenants to pay damages for .any t i m e j

period held over beyond the : t i m e period stated in a demand to

-.-ur. IV.UUHM;VI=VI. Ul- LAND MGMT. . . . .

quit possession of the Property at the f a i r market rental value

p l u s reasonable attorneys fees and.costs of the GRANTOR in

securing the return of the Property.

25. All covenants, conditions subsequent, and restrictions

contained i n t h i s Deed shal l run w i t h the land and be binding

upon GRANTEE, its successors .and assigns,. to a l l or any part of

the Property. A l l rights and powers reserved to GRANTOR by t h i s

Deed may be exercised by any successor i n function to GRANTOR,

and a l l reference i n this Deed to GRANTOR shall include its

successor,i,n function. All covenants and conditions subsequent

contained herein are for we sole benefit of GRANTOR and may be

modified or abrogated by it as provided in the Act. I v. SIGNATURES

TO INDICATE THEIR AGREEMENT to the provisions contained in

this agreement, GRANTOR and GRANTEE have executed this document .

as of the date and year first above written.

UNITED STATES OF AMERICA Acting by and through t h e

Secretary of Eduqqtion

i By: David B .Y ~akdla , D i r e c t o r Federal Real Property Assistance Program, off ice of the Administrator for Management Services -

ACCEPTANCE

The Territory of Guam, and its Department of Education,

GRANTEE, hereby accepts this ~ u i t c l a i m Deed and accepts and

agrees to all-the terns, covenants, condi'tisns subsequent, and

res%ric%ions contained therein.

Territory of Guam

By:

Terr i to ry of. Guam

ACKNOWLEDGMENTS

WASHINGTON 1

DISTRICT OF COLUMBIA)

On this 23rd day of October, 1992, personally appeared before me, a Notary Public in and for the District of Columbia, David B. Hakola, Director, Federal Real Property Assistance Program, Office of the ~dministrator for Management Services, United States Department of ducati ion, acting for the united States of America and the Secretary of Education, known to me to be the same person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same on f.- the date hereof as his free and voluntary act and deed for the B

purposes and consideration therein expressed and with full authority and'as the act and deed of the united States of America and the Secretary of Education.

.,.. .

IN WITNESS. WHEREOF, I have set m y hand and seal a t Washington, DC, this 23rd day of October, 1992.

\

I

- N o t a r y mic My Commission Expires:

TERRITORY OF GUAM) .-

On this /7? day of hurucLvJ , 1992, personally appeared before m e , a Notary Public in and for the Ter r i to ry of Guam, Franklin ~uitugua, Director of Education, Territory of Guam, to m e known t o be the same person whose name is subscribed t o the foregoing iz3strument and acknowledged to me that he executed the same on the date hereof a s h i s free and voluntary act and deed

f-or the purposes and consideration therein expres's~d and with f u l l authority andas the act and deed of the ~erritory of Guam.

IN WITN SS WHEREOF, I have s e t my hand and seal on this IS day o f b , 11992.

J* ;%&- Notary Public My omm mission Expires:

'GLENDA S. MARTINEZ NOTARY PUBLIC

In and fcr the Territory of Guam MY ~~mnirr ion Expires: &r, 07, 3 9 5

EXHIBIT "A" to Q U I T C ~ I M from u n i t e d Sta tes of Am* to Ter r i t o ry of G u m

- ANDERSEN A I R FORCE BASE

TERRITORY OF GUAM, MARIANA ISLANDS I--

8

FORMER MAR80 BASE COMMAND, AREA "8"-4 Land s i tuated on t h e Mun ic ipa l i t y o f Yigo,

T e r r i t o r y o f Guam Guam, M a r i ana Is1 ands

DESCRIPTION OF PROPERTY: Por t ion o f former Marbo Base Command, Andersen, . A i r Force. Base

A l l t h a t t r a c t o r parcel of land designated as - ~ o t MAR80 M S E COMMAND "8"-4, s i tua ted i n Land Square 10, Sect ion 4, mun ic ipa l i t y o f Yigo, more p a r t i c u l a r l y bounded and described as fo l lows:

Beginning a t a point, a concrete monument s e t and marked R.L.S, 65 having Land and Claims Commission 1945 (L&CC 1945) coordinates of North 180,663.55 feet (55,066,362m) and East 209,559.68 f e e t (63,873.918m), being South 00 degrees 09' 40" East, 941.58 fee t (286.944m) from Guam Geodetic Tr iangulat ion Net S t a t i o n 1E.31, having - coordinates o f North 181,605.13 f e e t (55,353.355m) and East 209,557.12 fee t (63,873,1371~1);

Thence by bearings and dis'tances as fol lows: ~ I

1) South 01 degree 57' 49" East, 1,744.33 f e e t (531.673111) t o corner No. 2, a concrete monument s e t and marked R.L.S. 65;

i *r I ~ 2 ) Then, along a curve concave t o the l e f t , w i t h a centra l anqle 6- .

~ , o f 02 degrees 01' 30". a rad ius of 1,617.00 f e e t (492.863111). a ~ chord bearing o f South 02 degrees 58' 34" East, 57.15 feet (17.419m) t o corner No. 3, a concrete monument se t and marked

I R.L.S. 65;

3) Then, South 03 degrees 59' 19" East, 149.34 f e e t (45.519m) t o corner No.4, a concrete monument set and marked R.L.S. 65;

4) Then, South 88 degrees 39' 35" West, 2,143.61 f e e t (653.374m) t o corner No. 5, a concrete monument set and marked R.L.S. 65;

5) Then, North 01 degree 57' 49" West, 1,309.87 f e e t (399.249m) t o corner No, 6, a concrete monument set and marked R.L.S. 65; - - 6) Then, North 71 degrees 55' 13" East , 2,224.62 f e e t (678.066m) t o the p o i n t of beginning, containing an area o f Three M i 11 i o n Four Hundred Eighty Four Thousand Seven Hundred F o r t y Seven (3,484,747) square f e e t o r Three Hundred Twenty Three 'Thousand Seven Hundred For ty F i f t y (323,745) square meters o r Eighty (80) Acres as shown on survey map prepared by Nestorio C. I gnaci o, Registered Land Surveyor No. 65, having Drawing No, DSI-S-90-11 (sa id map having been rev i sed by Pac i f i c Divis ion, Naval F a c i l i t i e s Engineering Command, Pearl Harbor, Hawaii t o correct the geometry of the curve a t Course No. 2 ) , marked Exhi b i t "A", attached hereto and made a part hereof. 479832

EXHIBIT "A" - Page 1 of 3 pages

--.' - , . -. eunM, ucr t . ur LANV M ~ M r. ;+f67'1 477 0883 * 181 * .- . -

Together w i t h - a non-exclusive, perpetual access and u t i l i t y easement t o th'e above described 1 and over the following described property:

FORMER MRBO BASE COMMAND, AREA "B"-5-R/W Land s i t u a t e d on the Municipality o f Yigo,

Terr i tory o f Guam Guam, Mari ana Is lands

DESCRIPTION OF PROPERTY: Portion of former Marbo Base Command, Andersen , Air Force Base

A71 t h a t t r a c t or parcel of land designated a s . l o t MARBO BASE COMMAND "8"-5-R/W, si tuated in Land Square ' lo, Section 4, Municipality of Yiqo, more par t icu 1 a r l y bounded and described as f o l l ows:

Beginning a t a point , a concrete monument set and marked R.L.S. 65 having Land and Claims Commission 1945 (L&CC 1945) coordinates of North 180,663.55 feet (55,066,362m) and East 209,.559.68 f e e t (63,873.918m), be ing South 00 degrees 09' 40" East, 941.58 f e e t (286,994m) from Guam Geodetic Triangulation Net Stat ion 1E.31, having coobdinates o f North 181,605.131 f e e t (55,353.355m) and East 209,557 . 1182 f e e t (63,873.137111);

Thence by bearings and distances as follows:

1 ) North 01 degree 57' 49" West, 708.27 f e e t (215.881m) t o corner No. 2, a concrete monument set and marked R.L.S. 65;

2 ) Then, North 01 degree 00' 19" West, 164.06 f e e t (50.006m) t o corner No, 3, a concrete monument se t and marked R.L.S. 65;

3) Then, along a curve concave t o the lef t , w i t h a central. angle of 108 degrees 47' 18", a r ad ius of 20.00 f e e t (6-096m), a chord bearinq o f North 55 degrees 23' 57'' West, 32.52 f e e t (9.912m) t o corner No. 4, a concrete monument se t and marked R.L.S. No, 65;

4 ) Then along a curve concave t o the l e f t , w i t h a cent ra l angle o f 01 degree 54' 43", a radius o f 3,164.27 f e e t (964,47lm),' a chord bearing of North 69 degrees 15' 03" East, 105.59 f e e t (32.184m) t o corner No. 5, a found No. 4 rebar with cap marked Gov. Guam; '

5 ) Then, along a curve concave to t he l e f t , with a cent ra l angle of 69 degrees 18' OO", a radius o f 20.00 f e e t (6,096m). a chord - bearing of South 33 degrees 38' 45" West, 22.74 f e e t (6,931m) t o corner No, 6, a found No. 4 rebar with cap marked Gov. Guam;

6 ) Then, South 01 degree 00' 19" East , 200,OO f e e t (60.960m) t o corner No. 7, a found No, 4 rebar with cap marked Gov. Guam;

7 ) Then, South 01 degree 57' 49* East, 2,451.55 f e e t (747.234m) t o corner No. 8, a concrete monument se t and marked R.L . S . 65;

8) Then, along a curve concave t o the l e f t , with a cent ra l angle o f 02 d e g r e e s 01' 30", a radius of 1,557.00 f e e t Chord bearing o f South 02 degrees 58' 34' ~ a s t a 16.772111) t o c o r n e r No. 9, a concrete monument i s :

.ab . .

9) 'Then, South 03 degrees 59' 19" East. 149.34 f e e t (45'.519m) t o corner No. 10, a c o n c r e t e monument set and marked R-L.S. No, 65; , <-'

?' k. -

10) Then South 86 degrees 00' 41" West, 60.00 f e e t ( 18.288m) t o corner No. 11, a c o n c r e t e monument s e t and marked R.L.S. No, 65;

11 ) Then, North 03 degrees 59' 19" West, 149.34 f e e t (45.519m) t o corne r No, 12, a c o n c r e t e monument set and marked R .L . S . Pie. 65;

12) Then, along a c u r v e concave t o the r i g h t , w i t h a c e n t r a l angle o f 02 degrees 01 ' 30tr, a r a d i u s of 1,617 feet (492.863m), a chord bearing o f North 02 degrees 58' 34" West, 57.15 f e e t (17.419m) t o corner No. 13, a concrete monument set marked R.L.S. No. 65;

13) Then, North 01 degree 57' 49" West, '1,744.33 fee t (531.673m) t o t h e po in t o f beginning, con ta in ing an area o f One Hundred

,Seven ty One Thousand Eight Hundred Forty (171,840) square feet o r F i f t e e n Thousand Nine Hundred Sixty Nine (15,965) square meters o r 3,945 Acres more o r less a s shown on survey map prepared by Nestor io C. Ignac io , Regis tered Land Survey No. 65, having Drawing Number DS1-S-90-11, marked E x h i b i t "A" , a t t a c h e d he re to and made a p a r t he reof , w i t h s a i d map having been r e v i s e d by P a c i f i c Division, Naval F a c i l i t i e s Engineer ing Command, P e a r l Harbor, Hawaii, t o c o r r e c t t h e geometry of c u r v e s i n t h i s roadway and onnection t o Marine Drive (Route 1) t o conform t o design f o r Marine Drive.

ADO ITIONAL NOTE

The conveyance.deed f o r the fee s imple and easement p roper ty desc r ibed . above should con ta in t h e fol lowing use r e s t r i c t i o n : Grantee a g r e e s t h a t i t s h a l l make no use of the proper ty which damages t h e water lens under t h e p r o p e r t y and the wate r . lens and o t h e r w a t e r we1 1 s on a d j a c e n t p r o p e r t i e s ; ' and ' t h a t t h i s covenany Sh31-i run with: t h e land and be en fo rceab le on a l l f u t u r e . owners. o f t h e land u n t i l t h i s use r e s t r i c t i o n i s cancel led by an au thor ized r e p r e s e n t a t i v e o f the United States of America.