township of howell

36
TOWNSHIP of HOWELL 251 Preventorium Road (732) 938-4500 Post Office Box 580 FAX (732) 938-7124 Howell, New Jersey 07731 -0580 LAND USElCODE OFFICE Website: www.twp.howell.ni.us August 8, 201 1 Memorandum To: McKenna G. Kingdon, Esq. Township Attorney From: Betty Lou Textor Director Land UselCode Enforcement Re: Block 183, Lots 72.01, 72.02 & 72.03 N.J. State Highway 34 Pursuant to the telephone conversation held with James A. Priolo on this date I am providing you with photocopies of the information requested concerning the need to establish a zoning designation for the above three stand-alone properties. I I have had a request to provide one of the above property owners with correspondence requested by the lending institution indicating that the residential dwelling located on the property may be reconstructed in the event of destruction. In accordance with your recommendation I will inform the lending institution that the Township is in the process of establishing a new zoning district for the property within the ARE-2 Zone. Upon revlewlng the survey ma~ntalned In our file I have noted that the property In quest~on known as Block 183, Lot 72 01 IS In compl~ance with the mlnlmum lot area withln the ARE-2 Zon~ng Dlstrlct and the resldentlal s~ngle-family dwell~ng compl~es wlth the set back requ~rements w~th~n the ARE-2 zonlng distr~ct I will therefore be In a positlon to Inform the lend~ng institution that In the event that the residentla1 s~ngle-fam~ly dwell~ng was to be destroyed ~t could be rebu~lt In the same footpr~nt -, - 4 '-0 9s I I . I-; L: c, m.2 VL., -> --. n *' I - \ $- r- 1 . I r- Thank you for your assstance in thls matter Enclosures Cc James A. Pr~olo, PE, PP, CME PU - - . TAX COUECTOR .. ThxAS8E8sa- S~OR#;1011- ##n- --- WPWT@ caon#- BAM i Mm - funm- ENGINEER - . ATT - - P o L m . PW ....... , -n.",..."- .... REC ...n...n-.n-nn..-*.* PLAN BD .. .--.-..- CONST CODE .- . CODE ENF - . LAND WE

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Page 1: TOWNSHIP of HOWELL

TOWNSHIP of HOWELL 251 Preventorium Road (732) 938-4500 Post Office Box 580 FAX (732) 938-7124 Howell, New Jersey 07731 -0580 LAND USElCODE OFFICE

Website: www.twp.howell.ni.us

August 8, 201 1

Memorandum To: McKenna G. Kingdon, Esq. Township Attorney

From: Betty Lou Textor Director Land UselCode Enforcement

Re: Block 183, Lots 72.01, 72.02 & 72.03 N.J. State Highway 34

Pursuant to the telephone conversation held with James A. Priolo on this date I am providing you with photocopies of the information requested concerning the need to establish a zoning designation for the above three stand-alone properties.

I I have had a request to provide one of the above property owners with correspondence requested by the lending institution indicating that the residential dwelling located on the property may be reconstructed in the event of destruction. In accordance with your recommendation I will inform the lending institution that the Township is in the process of establishing a new zoning district for the property within the ARE-2 Zone.

Upon revlewlng the survey ma~ntalned In our file I have noted that the property In quest~on known as Block 183, Lot 72 01 IS In compl~ance with the mlnlmum lot area withln the ARE-2 Zon~ng Dlstrlct and the resldentlal s~ngle-family dwell~ng compl~es wlth the set back requ~rements w~ th~n the ARE-2 zonlng distr~ct I will therefore be In a positlon to Inform the lend~ng institution that In the event that the residentla1 s~ngle-fam~ly dwell~ng was to be destroyed ~t could be rebu~lt In the same footpr~nt

-,

- 4

' - 0 9 s I I

. I-; L: c, m . 2

VL., -> --. n *'

I -

\ $ - r - 1. I r-

Thank you for your assstance in thls matter

Enclosures

Cc James A. Pr~olo, PE, PP, CME

PU--. TAX COUECTOR .. ThxAS8E8sa- S ~ O R # ; 1 0 1 1 - ##n- ---

WPWT@

caon#- BAMiMm- funm- ENGINEER -. ATT- - P o L m . PW ......., -n.",..."- .... REC ...n...n-.n-nn..-*.*

PLAN BD .. .--.-..- CONST CODE .--. CODE ENF -. LAND WE

Page 2: TOWNSHIP of HOWELL
Page 3: TOWNSHIP of HOWELL

8x% TOWNSHIP of HOWELL 251 Preventorium Road Post Office Box 580 Howell, New Jersey 07731 -0580

(732) 938-4500 FAX (732) 938-71 24

LAND USElCODE OFFICE Website: www.twp.howell.ni.us

Date: March 16, 201 1

Memorandum To: Helene Schlegel, Township Manager

From: Betty Lou Textor, Director Land Use Code Enforcement

Re: Block 183, Lots 72.01, 72.02 & 72.03 N.J. State Highway Route 34

This office was presented with a survey prepared in connection with property known as Block 183, Lot 72.01 that had been conveyed unto the property owner in connection with a three-lot subdivision of lands being a portion of property known as Block 183, Lot 72 owned by U.S. Naval Ammunition Depot Earl in the Township of Howell. This subdivision has been perfected and the three lots have been conveyed unto individual property owners. Although these three lots are not currently on the Howell Township Tax Map they will be placed on the map when the map is revised. I understand that it is currently in the process of being revised.

These three lots that were previously designated as GMH Military Housing, LLC do not have a zoning designation and therefore it will be necessary that a zoning district be implemented for these three properties. Our office is unable to process permits in connection with any proposed additions to these properties prior to obtaining a zoning designation ta establish the bulk and dimensional requirements in cor~nection with 'these three stand-alone properties. They are as follows:

Property known as Block 183, Lot 72.01 contains a lot area of 2.733 Acres Property known as Block 183, Lot 72.02 contains a lot area of 3.012 Acres Property known as Block 183,Lot 72.03 contains a lot area of 1.935 Acres

I would recommend adopting an ordinance establishing a new zoning district for these properties within the ARE-2 (Agriculture Rural Estate-2) Zoning District as properties located on Asbury Avenue adjacent to U.S. Naval Reservation Earle Ammunition Depot are located within the ARE-2 Zoning District. These lots would then be subject to the bulk and dimensional requirements 'that have been established for the ARE-2 zoning district. City water and sewer do not service the properties.

Page 4: TOWNSHIP of HOWELL

Page 2 of 2 U.S. Naval Arnniur~ition Depot, Earle, N.J. Block 183, Lot 72.01, 72.02, 72.03 N.J. State Highway Route 34 Howell Township, N.J.

I am providing for your information photocopies of Quitclaim Deeds recorded within the Monmouth County Clerk's Office, together with copy of portion of the tax map reflecting the ARE-2 Zone.

Thank you for your assistance in this matter.

Cc: McKenna G. Kingdon, Esq., Township Attorney William H. Nunziato, Jr., PP, PE, Township Engineer Thomas Savino, Engineering Coordinator Howell Township planning Board

Page 5: TOWNSHIP of HOWELL
Page 6: TOWNSHIP of HOWELL

JAN 0 5 2009

Return recorded document to:

East Coast Title Agency 202 Highway # 18

bOW%4sl East Bmwick, NJ 088 16

JAN 1 5 2009

IT :Samd TPlOl 9 6 ~ 6 b 3 3 ~ d

NORTHEAST PPV ZSL8-p0 : ~ 0 0 8 All correspondence U W OU:+T:OT td this contract sho 6002 + S T U D r

a reference to NO (LlWIOIIM

No. 6OBE00640~ #3WN M3WlSHI

is "Indenture"), made this of November, 2008, epartment of the Navy (the "DON"), OUSING LLC, a Delaware limited

WITNESSETH:

GRANTOR under the authority contained in 10 U.S.C. 5 2878 has de conveyance of the Property, as defhed hereinbelow on the terms set forth he e public interest and bas otherwise satisfied and complied with all reporting requirements, notification periods, the applicable award and letting procedure and other statutory limitations prescribed in the solicitation documents and the authorizing legislation, and all required findings and determinations have been made and other conditions satisfied; and

Page 7: TOWNSHIP of HOWELL

WHEREAS, GRANTOR shall quitclaim to G R A N P the Earle Quarters E under the custody and control of the DON situated in Howell Township, Monmouth County, State of New Jersey, to be known as Block 183, Lot 72.01 on the Howell Township tax map, all as more particularly described on Exhibit "A" attached hereto and all buildings and improvements located thereon, and all and singular rights, tenements, appurtenances belonging, or in any way appertaining thereto, facilities, alleys, roads, streets, ways, strips, and any equipment, infi-astructure, alterations, additions, infhshwture, all tangiil located thereon or used in connection with the ownership and op fixtures located in, on and under the real property, and appurtenant thereto (collectively, the "Property"); and

WHEREAS, GRANTOR has found and determined perty is suitable for conveyance pursuant to the Finding of Suitability to Trans Land, Housing, and Associated Improvements: Green Acres and Highway 3 at Naval Weapons Station Earle, Colts Neck, N

Property:

NOTICES, COVENANTS, RESTRICTIONS, W E

to accept conveyance of the Property subject to and together with all cove restrictions, easements, rights-of-way, reservations, rights, agreements, and and enforceable. 1

pt as otherwise provided herein, or as otherwise provided by law, the it has inspected, is aware o i and accepts the condition and state

, and that the Property is conveyed "as is" and "where is" without any or warranty on the part of the GRANTOR regarding such

the making of any alterations, improvements, repairs that the GRANTOR shall not be liable for

any latent or patent defects in the Property, except to the extent required by applicable law.

C. To the extent that any portion of the Property lies within a floodplain as defined in Section 6(c) of Executive Order No. 11988, dated May 24, 1977, the use of that portion of the Property may be subject to the National Flood Insurance Program.

Page 8: TOWNSHIP of HOWELL

D. PROPERTY COVERED BY NOTICE, DESCRIPTION, ACCESS RIGHTS AND COVENANTS MADE PURSUANT TO SECTION 120@)(3)(A) OF THE COMPREHENSrVE ENVIRONMENTAL RESPOYSE, COMPENSATION AND LIABILITY ACT OF 1980 (CERCLA) (42 U.S.C. 8 9620@)(3)(A)). For the Property, the GRANTOR provides the following notice, description, and covenants:

1. Notices Pursuant to Sectio CERCLA (42 U.S.C. $ 9620@)(3)(A)(i)0 and (II)): P and (IT) of CERCLA, available information regarding the type, hazardous substances and the time at which such sub of, as defined in section 120(h), was previously provided to hereto as Exhibit "B," incorporated herein by reference

2. Description of Remedial Action T Section 120@)(3)(A)(i)0 of CERCLA (42 U.S.C. 5 9620 section 120(h)(3)(A)(i)(III) of CERCLA, a description of the the Property is provided in the FOST.

CERCLA (42 U.S.C. 5 9620(h)(3)(A)(ii) and (B)): of CERCLA, the GRANTOR warrants that-

pursuant to section 120@)(3)(A)(i)(I) of taken before the date of this Indenture; and

tional remedial action found to be necessary after the date of this

120(h)(3)(A)(ui) of

a. The GRANTOR retains and reserves a perpetual and assignable easem

adjoining or nearby lands. Such easement and right of access includes, the right to perfom any environmental investigation, survey, monitoring,

GRANTOR to meet its responsibilities under applicable laws and as provided for in this Indenture. Such easement and right of access shall be binding on the GRANTEE and its successors and assigns and shall run with the land.

b. Ln exercising such easement and right of access, the GRANTOR shall provide the GRANTEE or its successor(s) or assigns, as the case may be with

Page 9: TOWNSHIP of HOWELL

3. The GRANTEE hereby acknowledges the required disclosure of the presence of any known LBP andlor LBP hazards in target housing constructed prior to 1978 in accordance with Title X. The GRANTOR agrees tbat jt has provided to GRANTEE, and GRANTEE acknowledges the receipt of, LBP inspection and risk assessment reports, available records and reports pertaining to LBP and/or LBP hazards, and receipt of the Environmental Protection Agency (EPA) approved pamphlet 'Trotect Your Family from Lead in Your Home" (EPA 747-K-94-001). Furthennore, the GRANTEE acknowledges that understood the EPA pamphlet.

4. For any housing units constructed shall undertake, or shall require future transferees to undertake, correc hazards in any housing unit where the then-owner of the under the age of six years living in the unit who has an elevated

the extent a housing unit is occupied at the time of conveyance, unit has been identified as the potential source. For a housing

shall require future transferees to abate, any identified LBP P risk assessments for attached to the FOST

in its use and occupancy of the Property, it will al, State, and local laws relating to LBP. The

r incident to the

ESTOS CONTAINING MATERIALS.

. The GRANTEE is hereby informed and does acknowledge that

ACM or demolition of the building or structure, as may be required by applicable law.

2. The GFLWIEE covenants and agrees that in its use and occupancy of the Property, including but not limited to demolition or handling of buildings or utilities containing ACM, it will be responsible for managing ACM and for complying with all applicable Federal, State and local laws relating to ACM. The GRANTEE acknowledges that the GRANTOR assumes no liability for costs of any kind or for damages for personal injury,

Page 10: TOWNSHIP of HOWELL

illness, disability, or death to the GRANTEE, or to any other person, including members of the general public, arising fiom or incident to the purchase, transportajion, removal, handling, use, disposition, or activity causing or lea- to contact of any kind whatsoever with ACM in the improvements including, but not limited to, the utilities (bbth underground and above-ground) and structures on the Property, arising after the conveyance of the Property fiom the GRANTOR to the GMNTEE, whether the GRANTEE has properly warned, or failed to properly warn the persons injured.

G. NON-DISCRWIINATION. discriminate upon the basis of race, color, religion, disab use, occupancy, sale, or lease of the Property, or in its employment The UNITED STATES OF AMERICA shall be deeme regard to whether it remains the owner of any land or Property hereby conveyed and shall have the sole right to competent jurisdiction.

H. GRANTEE INDEMNITY FOR RELEASES. The response action or corrective substances which occurred in the GRANTEE'S period of tions or those of a third party, activities. The GRANTEE

the GRANTEE'S actions or the actions of a period of ownership. The GRANTEE specifically covenants of the Property by the notify such transferee or transferees that the provisions of this sferee or transferees and their respective

THE CONDITI TIONS, RESERVATIONS, AND COVENANTS set forth in this Indenture, shall inure to the bene successors and assi

[SIGNATURE PAGE FOLLOWS]

Page 11: TOWNSHIP of HOWELL

IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed in its name and on its behalf by its duly authorized officers and its seal affixed the day and year first hereinabove written.

m s s U ~ T E D STATES OF AMERICA.

WITNESS D

DEPARTMENT OF THE NAVY

COUNTY OF

onally appeared before me the bII4Z7UR , Special

Command of The United States of America, nt and acknowledged the

same to be his free act an nited States of America, Department of the Navy, d actual consideration paid or to be paid for th le (such consideration defined in N-J.S.A. 46: 15-5) before me.

Notary Public My Commission Expires: [AFFIX NOTARY SEAL]

Navy Signatun Page to Quitclaim Deed ( Q u m r E)

Page 12: TOWNSHIP of HOWELL

LEGAL DESCRIPTION of lands being a portion of a U.S. Naval Ammunition Depot - Earle, locally known as "Quarters E," in Howell Township, Monmouth Co Jersey. Being a portion of tax Lot 72 in Block 183 as shown on the Howell and to be known as Block 183, Lot 72.01 on the Howell Township tax map.

BEGINNING at a point designated as the northeaster1 (Highway 34 Housing)" Lot area, said comer located the followin concrete monument #9, Unit #3, as shown on a map entitled YJ. Earle, NJ., Real Estate Summary Map, Units 3 & 5, Drawing NO.

A. From the monument, South 17445'-27" East, l& feet to the Place of Beginning and running:

1. South along an existing fence line, parallel to Route 34 to a p

o a point; thence

86 feet, five feet east of an existing fence line to a point; th

of an existing fence

s.f. (2.733 Ac.).

Exhibit A

Page 13: TOWNSHIP of HOWELL

*

State of New Jersey SELLER'S RESIDENCY CERTIFICATIONIEXEMPTION

(C.55, P.L. 2004)

(Please Prind or Type)

UNIT ED STATES OF AMERICA. DEPARTMENT OF THE NAVY 4 I

Current Resfdent Address:

BLOCK 183 PORTION OF LOT72, TO BE KNOWN AS BLO* 183 LqT 72.01 Street Address:

2. The real property being sold or of the federal Internal Revenue

4. Seller. transferor or the United States of America, an agency or authority of the State of New Jersey, the , the Federal Home Loan Mortgage Corporation, the Government National Mortgage rance company.

5. Seller is not an individual, st and as such not required to make an estimated payment pursuant to N.J.SA.54kl-1 e t p .

the property is $1,000 or less and as such, the seller is not required to make an estimated .A. 54k5-1-1 et seq.

ecognized for Federal income tax purposes under I.R.C. Section 722, 1031,1033 or is a LlCABLE SECTION). If such section does not ultimately apply to this transaction, the to file a New Jersey income tax return for the year of the sale (see instructions).

xecutor or administretor of a decedent to a devisee or heir to effect distribution of the decedent's estate in the pmvisions of the decedent's will or the intestate laws of this state.

The undersigned underrtands h t this Waration and its contents may be disclosed or pmvlded to the New Jersey D' i ion of Taxation and that any false statement contained herein owld be punished by fine, impli~nmsnt, or I f u I t h m dedere that I have examined this dedaration and. lo the best of mv knowledadand dslel, It is hue, WIT& and arrnolete.

/ - Signature (Seller) Please bulicste B &or of AmJmey or Atlorney in Fact

Date Signature lSelleri Please i d i e II Pwar of Ahwnev or Ammw in Fad

Page 14: TOWNSHIP of HOWELL

RTF -1 (W. 71M) . MUST SUBMIT IN DUPLICATL , . STATE OF NEW JERSEY .. . . a AfflDAVK OF CONSIDERATION FOR USE BY 8-R (Chapter40, PL.1Cm. ar mmdedthmrgh Chapter S3, P.L 2008) (NASA 48:15-5 et aeq.)

BEFORE COMPMNG THIS AFFIDAVIT, PLEASE READ TWE IWfRUCMNS ON THE REVERSE HE OF THIS FOW. STATE OF NEW JERSEY

FOR RECORDERS USE ONLY

MonmouVl }560M-Cd COUNTY 1310.1321

MUNlClPAUTY OF PROPERN LOCATION H-11 * U o e ~ ~ C ' D M k a l e W m l f a e b ~ ~ f m c o u n l y u r ~ .

(1) (See li?&nfUhs #3 and #4 on +'shisj

hponmt, Kahenne M. Law* . belng duly worn aaardlng b law upon hidher oath. l u m l

deposes and says that h w s h d ~ ~ - ~ ~ e ~ a l Repnrcr0niative inadeed- (Cmbr, L.p.1 A.pnunwUve. CorpMb Omur, OMor of TIUm c a p m y . Lendlm InYMlon, e k )

real property ldentifrcd as Block number 163 Lot number 72-01 ted at

U.S. N e d Ammunition Depot-Earle, known as Puarbrs E'. Hwell (Sh.1 Addme& Town)

(3A)REQLIIRED CALCULATION OF EQUALIZED VALUATION FOR A U CLASS 4A COWlYLE SAC'llONS: (Sea inoiructma 16A md I 7 on m w e side)

Total AaseDced Valuation + Dlmctor's Ratlo = Equallzod Aasesoed Valw

m - E (See l n a t w d ~ 18 on mverse siUet

~L!%t%L2i~Pa02iFku*n is m m mrn *e R a m T r a n I ~ ~ bv C. 49. P.L 1868. as amended throuah

(5)pARTIAL MFMPTION FROM FEF (See I n s t m h w NOTE: An boug bdow awly to oranlods) OM. ALL ATE CATEGORY MUST BE CHECKED. Faillre to do 80 wR mid dakn for pultPl r&. ~ e p o n s d o h Utat mb d ol the Bark Fee, Supplemental Fee, and Qsnaral Purpo# Fee, m appllcablo, lmpmed 86. P.L 2004 for the following rsasan(s):

disabled Recelvlnp diiMllty payments D Not gainfully employed'

Senior cih-ns, blind person ns must also meet all of the following aitarie: Owned and g Resident of State ol New Jersey. n one or lwo- I3 Omem 88 joint tenants must all qualify.

I N THE CASE OF HUSBA RS IN A ClVlLVNlON COUPLE. ONLY ONE GRANTOR NEEDS TO OUWFY IF TENANTS BY THE ENTIREPI.

m C. LOW AND MODERATE M YB on ntvem &de) s Reserved for occupancy.

M d m m e rsquimmants of region. Subject lo resale controls,

UniIad S t a h of America On* Nmne

303 Peorhtree Slreet. Atlanl GA 8506 Hampton Blvd.. Norlolk, VA DoponmAdr*su Q.nmr a nl llme of Sale

XXX-W- $01. East Cnad Tib

POR OFPIEIAL USE ONLY ~nwwmrit Nw&r

~ r h . l l f m r a ~ ~ m ~ d . . s l l h m ~ o l ~ m t l o n I u U w b y S e ~ ~ S ~ ~ h c a n p ~ . STATE OF NEW JERSEY- DIVWDN OF TAXPllON

Pa BOX 2I1 TRENTON. NJ aWIC026t

AllEWTK)N: REALTY lUAN6PER FEE WIT T h s D i n d a o l \ h e D M u m c l T ~ h V l a ~ e n t H b ~ r y b t p n r r r b e d m h t a r n a o ~ b y b . & m m y n ~ & I n ~ w a m & e d Ahcut prk qpm& c4 ha Dkmor. For Wmns!hn on cho R a l l y Tnda F r of to pin! a mpy ol mb AIRd.viL vtsll Uw Divirion at Tsxiukm onbaib at

w r w s a h . n l ~ ~ . t i ~ ~ k h t m .

Page 15: TOWNSHIP of HOWELL

m-1 w. 7ma . MUSTSUBYIT~DUPUCA~ STATE OF NEW JERSEY ..? F r AFFIDAVIT OF CONSIDERATION FOR USE BY SELLER

(Chapter 40. PL.lQBB. ms mended thmgh Chaplor 33. P.L. 2008) (NJS.A. m15-5 et aeq.) BEFORE CWPLETlNG THIS AFFIDAVIT, W E READ THE INSTRUCTWNS OH THE REVERSE SIDE OF THIS FORM.

STATE OF NEW JERSEY I FOR RECORDER'S USE ONLY 1

MUNlClPAUN OF PROPERTY LOCATION H-11 'Ul~symbol'CbIndldelhrlbsebsrrrlusiM(ylblcMIyu~.

(j) P (See I n s b u m XJ and l4 on m.vn;e-sidi

Deponent Katherine M. Lewis , being duiy sworn a d i n g to lnw upon h i i r oath, f-)

deposes and seys ma helshe k the W a l bwnue*e in a deed deted bansfenlng

(3A)REQUIRED CALCULATION OF EQUALIZED VALUATION FOR ALL CLASS 4A C (See I n S l N d b n S wn mu #7 on meme swe)

Direbors RaUo k equal to or in

CHECKED. Failure b do M, wlll of the Bwic Fee, Supplemental

.06, P L 2004 tor ths lollowing

IIY disabled RecaivinQ d k ~ f t y pay me^ NotgalrMly employed'

must ako meet all d the folbwing criteria: ResUent of State of New Jersey.

lJ Ormen as Joint (enants must all qualify.

Uniled States of America G m m Nmc

303 Peachtree S nta GA 8506 Hamplon BM. . No~lolk, VA o a p w a n t m G m n B P r ~ ~ a s a n t ~ d S a k

insbumnl Nunber

~ T A E OF NEW JEBEIEY- ION OF v u n m W BOX 201

TRENTDN. W -4261 AllENllOH: REALTY TRANSPER FEE UUlT

T h o D h a a r o f V l e D k ~ m o f T ~ n h t k s D ~ p s r ( m e d d ~ T m ~ h w p n a a i b e d l h i r f m a s r s q u L s d t y l a u , ~ ~ n c t m ~ a r ~ e d w M a * p r i o r P g p r w ~ o f U l o ~ . F a ~ m ~ R e a t y T n n r l e r F e e o r m ~ ~ t a m ~ o l t h i r M i b v n , v h H ~ M r r n b n o f T ~ v o b d . a t

~ r b U n J . ~ ~ o ~ ~

Page 16: TOWNSHIP of HOWELL

Return recorded document to:

(IIt'd 78101 5333

NORTHEAST PPV

East Coast Title Agency 202 Highway # 18 East Brunswick, NJ 088 1 6

MBqt95r

All correspondence pe 11 :smd TD10i

to this contract should 9 T 8 6 : 3 3 W d

a reference to Z S L 8 - 8 0 :MO0S UV ZT:+f:Of 6OOZ &ST unr

Ha W 0 3 3 T T 8 S 0 0 6 0 0 Z ; EWlf4 lN3UfHfSHI

f N4A.LNf103 KLflOUHQU !473 L13'H.N3tld 3YXn3 U

"Indenturey7), made this of November, 2008, F AMERICA, Navy (the 'DON"),

USING LLC, a Delaware limited er called the GRANTEE.

GRANTOR under the authority contained in 10 U.S.C. 5 2878 has eyance of the Property, as defined hereinbelow on the terms set forth lic interest and has otherwise satisfied and complied with all reporting

requirements: notification periods, the applicable award and letting procedure and other statutory limitations prescribed in the solicitation documents and the authorizing legislation, and all required findings and determinations have been made and other conditions satisfied; and

Page 17: TOWNSHIP of HOWELL

WHEREAS, GRANTOR shall quitclaim to GRANTEE the Earle Quarters F under the custody and control of the DON situated in Howell Township, Monmouth County, State of New Jersey, to be known as Block 183, Lot 72.02 on the Howell Township tax map, all as more particularly described on Exhibit "A" attached hereto and aU buildings and improvements located thereon, an

located thereon fixtures located in, on and under the real property, and any appurtenant thereto (collectively, the "Property"); and

WHEREAS, GMNTOR has found and de conveyance pursuant to the Finding of Suitability Associated Improvements: Green Acres and Highwa Earle, Colts Neck, New Jersey, dated October 15,200

NOW THEREFORE, GRANTOR, good and valuable consideration, the receip

GRANTEE, its successors and assigns, 'S right, title and interest in and to the Property:

NOTICES, COVENANTS, RESTRICTIONS, RESE S, which shall be binding upon and enforceable against the uccessors and assigns, in perpetuity:

s to accept conveyance of the Property subject to and together with all cove ns, restrictions, easements, rights-of-way, reservations, rights, agreements, and of record and-not of record to the extent validly existing and enforceable. 1

ept as otherwise provided herein, or as otherwise provided by law, the es that it has inspected, is aware of, and accepts the condition and state , and that the Property is conveyed "as is" and "where is" without any

e, agreement, or warranty on the part of the GRANTOR regarding such r regarding the making of any alterations, improvements, repairs further acknowledges that the GRANTOR shall not be liable for

any latent or patent defectf in the Property, except to the extent required by applicable law.

C. To the extent that any portion of the Property lies within a floodplain as defined in Section 6(c) of Executive Order No. 11988, dated May 24, 1977, the use of that portion of the Property may be subject to the National Flood Insurance Program.

Page 18: TOWNSHIP of HOWELL

D. PROPERTY COVERED BY NOTICE, DESCRI[PTION, ACCESS RIGRTS AND COVENANTS MADE PURSUANT TO SECTION 120(h)(3)(A) OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT OF 1980 (CERCLA) (42 U.S.C. # 9620(h)(3)(A)). For the Property, the GRGNTOR provides the following notice, description, and covenants:

1. Notices Pursuant to Section CERCLA (42 U.S.C. 5 9620(h)(3)(A)(i)(JJ and 0): and (II) of CERCLA, available information regarding the type, quantity, hazardous substances and the time at which such substances were stored, of, as defined in section 120(h), was previously OST attached hereto as Exhibit '3," incorporated herein by

2. Description of Remedial Action Section 120@)(3)(A)(i)Om) of CERCLA (42 U.S.C. 5 9620(h section 120@)(3)(A)(i)Cm) of CERCLA, a description of the re the Property is provided in the FOST.

3. Covenant Pursuant 120@)(3)(A)(ii) and (B) of CERCLA (42 U.S.C. 8 9620&)(3)(A)(ii) and (B)): ection 120(h)(3)(A)(ii) and (B) of CERCLA, the GRANTOR warrants that-

necessary to protect human health and the environment with respect to substance identified pursuant to section 1200(3)(A)(i)(I) of CERCLA rem perty has been taken before the date of this Indenture; and

tional remedial action found to be necessary after the date of this Indenture shal the GRANTOR.

4. Rights Pursuant to Section 120@)(3)(A)(iiii of CERCLA (42 US.C. 8 9

a The GRANTOR retains and reserves a perpetual and 'ght of access on, over, and through the Property, to enter upon the ch a remedial action or corrective action is found to be necessary on

regard to whether such remedial action or corrective action is or nearby lands. Such easement and right of access includes, perform any environmental investigation, survey, monitoring, , coring, testpitting, installing monitoring or pumping wells or action, corrective action, or any other action necessary for the

GRANTOR to meet its responsibilities under applicable laws and as provided for in this Indenture. Such easement and right of access shall be binding on the GRANTEE and its successors and assigns and shall run with the land.

b. In exercising such easement and right of access, the GRANTOR shall provide the GRANTEE or its successor(s) or assigns, as the case may be with

Page 19: TOWNSHIP of HOWELL

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 GRANTOR shall use reasonable means to avoid and to minimize interference with the GRANTEE 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,

GRANTOR. Excluding the reasonable charges for such utili compensation will be due the GRANTEE, nor its successors or easement and right of access hereby retained and reserved by the

c. In exercising such easement an GRANTEE nor its successors or assigns, as the case may be, equity against the GRANTOR or any officer or employee of th taken by the GRANTOR or its officers, employees, agents, c pursuant to and in accordance with this clause: Provided, how shall be considered as a waiver by the GRANTEE and it available to them under the Federal Tort Claims Act.

E. LEAD BASED PAINT (L

contain LBP because they are thought paint chips, and dust can pose health Section 745.1 13, the following ery purchaser of any interest in residential real property on which a resi built prior to 1978 is notified that such property may present exposure to d-based paint that may place young children at risk of developing lead poi isoning in pung children may produce permanent neurologicaI damage, incl sabilities, reduced intelligence quotient, behavioral problems, and impaire poisoning also poses a particular risk to pregnant women. The seller of s~dential real property is required to provide the buyer

paint hazards from risk assessments or inspections in the buyer of any known lead-based paint hazards. A risk

assessment or

2. The GRANTEE shall be responsible for managing all lead-based 1 lead-based paint hazards, including soil lead hazards, in compliance with the

ased Paint Hazard Reduction Act of 1992, 42 U.S.C. Section 4852d ("Title X") and all applicable federal, state and local laws and regulations. The GRANTEE shall conduct soil sampling and, if necessary, remediation after demolition and removal of demolition debris and prior to occupancy of any dwelling units constructed on the Property after the date of this Indenture in a manner consistent with Title X and Department of Housing and Urban Development guidelines.

Page 20: TOWNSHIP of HOWELL

3. The GRANTEE hereby acknowledges the required disclosure of the presence of any known LBP andor LBP hazards in target housing constructed prior to 1978 in accordance with Title X. The GRANTOR agrees that it has provided to GRANTEE, and GRANTEE acknowledges the receipt of, LBP inspection and risk assessment reports, available records and reports pertaining to LBP andor LBP hazards, and receipt of the Environmental Protection Agency @PA) approved pamphlet 'Frotect Your Family fiom Lead in Your Home" (EPA 747-K-94-001). Furthermore, the GRANTEE ac understood the EPA pamphlet.

4. For any housing units co shall undertake, or shall require future transferees to hazards in any housing unit where the then-owner of under the age of six years living in the unit who has an el unit has been identified as the potential source. For a housing the extent a housing unit is occupied at the time of conveyance, W l require future transferees to abate, any identified LBP hazar the Property and as set forth in any LBP Risk Assessm as Reference (d) in accordance with 24 C.F.R.

vacant on the conveyance date, prior to

use, disposition, or other activity causing or leading on the Property, arising after the conveyance of the TEE, whether the GRANTEE has properly warned,

STOS CONTAINING MATERIALS.

1. The GRANTEE is hereby informed and does acknowledge that ontaining materials ("ACM") may exist in buildings and structures on the

RANTEE covenants that it will prohibit use or occupancy of buildings and ons thereof, containing known friable ACM prior to abatement of the Sable

ACM or demolition of the building or structure, as may be required by applicable law.

2. The GRANTEE covenants and agrees that in its use and occupancy of the Property, including but not limited to demolition or handlii of buildings or utilities containing ACM, it will be responsible for managing ACM and for complying with all applicable Federal, State and locd laws relating to ACM. The GRANTEE acknowledges that the GRANTOR assumes no liability for costs of any kind or for damages for personal injury,

Page 21: TOWNSHIP of HOWELL

illness, disability, or death to the GRANTEE, or to any other person, including members of the general public, arising fkom or incident to the purchase, transportation, removal, handling, use, disposition, or activity causing or leading to contact of any kind whatsoever with ACM in the improvements including, but not limited to, the utilities (both underground and above-ground) and structures on the Property, arising after the conveyance of the Property fiom the GRANTOR to the GRANTEE, whether the GRANTEE has properly warned, or failed to properly warn the persons injured.

G. NON-DISCRIMINATION. The GRANTEE discriminate upon the basis of race, color, religion, di use, occupancy, sale, or lease of the Property, or in its employment The UNITED STATES OF AMERICA shall be dee regard to whether it remains the owner of any land or Property hereby conveyed and shall have the sole right to competent jurisdiction.

H. GRANTEE INDEMNITY FOR RELEASES. The GRANTEE releases and holds harmless the GRANT0 response action or corrective action necessary for any release or threatened substances which occurred in or on the Property following the date of g the GRANTEE'S period of ownership that is determined to be the re tions or those of a third party, which actions are not related to the activities. The GRANTEE indemnifies the GRANTOR for damages an ctions resulting from the GRANTEE'S actions or the actions of a third party h period of ownership. The GR4NlXE specifically covenants and agrees that,

' y with any subsequent transfer of any or all

of the Property by the GRANTE hall notify such transferee or transferees that the provisions of this Section H transferee or transferees and their respective successors and assigns for so 1 own any or all of the Property..

TKE CONDIT CTIONS, RESERVATIONS, AND COVENANTS set forth in this Indenture, ntly released, are a binding servitude on the Property, shall inure to the bene inding upon the G W T O R and the GRANTEE, their successors and assi eemed to run with the land in perpetuity.

Page 22: TOWNSHIP of HOWELL

EXHIBIT "An LEGAL DESCRIPTION

LEGAL DESCRIPTION of I d being a portion of a U.S. Naval Ammunition Depot - EarIe, locally known as "Quarters F," in Howell Township, Monmouth County, State of New Jersey. Being a portion of tax Lot 72 in Block 183 as shown on the Howell TO&^ tax map and to be laown as Block 183, Lot 72.02 on the Howell Township tax map.

BEGINNING at a point designated as the northeasterly come (Highway 34 Housing)" Lot area, said comer located the foll concrete monument #9, Unit #3, as shown on a map entitle Earle, N.J., Real Estate Summary Map, Units 3 & 5, Drawing NO.

A. From the monument, South 17°-457-277y East, 1 u feet to the Place of Beginning and running:

1. South 18'-57-15'' East, along an existing fence line, parallel to Route 34

2. South 7 1 0-02'-45"

95 feet, five feet east of an existing fence line to a point;

4. an existing fence line to the

Page 23: TOWNSHIP of HOWELL

State of New Jersey SELLER'S RESIDENCY CERTlFiCATlONlEXEMPTION

(C.55, P.L. 2004)

(Please Print or Type)

UNITED STATES OF AMERICA, DEPARTMENT OF THE NAVY $ = Current Resident Address:

om,+. 6506 HAMPTON BOULEVARD VU wr..

Ci, Town, Post Office State i3p Code

NORFOLK VA 23508

to a mortgagee in foreclosure or in a transfer in lieu of foreclosure with

4. Seller, transferor or transferee i of New Jersey, the Feder e Association, the Federal Home Loan Mortgage Corporation, the Government

5. a Seller is not an st and as such not-required to make an estimated payment pursuant to

the property is $1,000 or less and as such, the seller is not required to make an estimated A. 54Cl.5-1-1 et seq.

The undersigned understands that this dedaration and Its contents may be disclosed or pmvided to the New Jersey Division of Taxation and that any false statement contained herein could be punished by fine, imprisonment, or I furthermore dedare hat I have examined this dedaratiori and, to the best of mv knbwledoe and belief, it is h e . coned and complete.

/ Signature -

(Seller) Please lndkate I1 Power d Attamey rx Attorney in Fad

Date - Signature (Seller) Please indicated Poww of Atlorney orAUomey in Fact

Page 24: TOWNSHIP of HOWELL

RTF-1 (R.V. 7W . , . I D ' . MUST WBBIT # DUPUCATE STATE OF NEW JERSEY AFFIDAVIT OF CMODERAW FOR USE BY SELLER

(Chapter 49, P1.1968, a8 s m s n d a d m h Chapter 33. P.L. 2006) (NJ.S.A 4635-5 st mq.) BEFORE COMPLTnNG THIS AAPAWT, PLEASE READ THE INSTRUCTIONS ON THE REVERSE SIDE OF THlS FORM.

STATE OF NEW JERSEY - I FOR RECORDER'S USE ONLY 1 COUNTY

Considrrabn $ 154- cw M u w I w

Monmouth 1310.1321 I I I

MUNICIPALITY OF PROPERM LOCATION Hone)) 'USE symboI'C @ lrdietc that lea is ePlmWy for cwny use.

(1) PARTY OR I FOAL REPRFSNTATIVE (See lnrbvcdlons 133 aendw M revarre side)

Deponent, lCe&~arlne M. b ~ i s . being duly s w m accadi lo law upon h i i r cath fnallul

deposes and say6 thet helshi-~ih;;~esal Re~msentatlve in a deed dated . transferring (GnnW. ~ U w , Capomla m r , OHWa afTIIh Compmy, M n g InWMIon, 0%)

real pmperty identified as Block number 183 Lot number 72.02 cated at

(3A)REQUIRED CALCULATION OF EQUALIZED VALUATION FOR ALL CLASS 4A COMMERCLAL P SACTIONS: (See I n s h u ~ PSA and 17 on mrse side)

Total *uu.d Valuath + Dimctofs Rat10 = EquaW Arisessed VaIua& a

5 + Dlmctors Ratlo is equal ID or in

eurcrr of 100%. the essasled'mhm win be aqud 10 lhe cquslked valustlm. n by C. 49, P L 1 8 8 8 , ~ amended thrwgh

n(s). Mere refemme to exemption sy

CATEGORY MUST BE CHECKED. Failure to do ao w8l exempt fmm Sf& porbonr of the Basic Fee, Supplemenl , C. 113, P.L 2004, and C. 66, P.L. 2004 tw the following

Seniorcilizens. Mind p e m s , &* or mud also meet all of the following criteria: 0 Owned and occuptsd gra r(s) meof 6aIe.. Resident of M e of New Jersey. a OW o r ~ m l l y r e f p-. Ownws as Joint tenants mud all qualify.

1N M E CASE OF HUS BYTHEENTlRElT. -.pb ERS IN A CML UNION COUPLE. ONLY ONE GRANTOR NEEDS TO aumw IF TENANTS

USLNG (See lnsbvbron #9 on revem side) O_ Reservedfwocwpancy. C Subject to resale conmls

Uniled States of America 5raninr Name

6000 Hampton Bhrd. Norlolk, VA Gram Adarm aTims MSak

XXX-XU:- SO L East Coast Title Last 3 & i t s n Grwlors Soclal S&v k m t w NmelCwnpeny of Settlement Omcer

FOR OFFICIAL USE OYLY

l faward one cow c4 AmtWl d Cauideratlm Iu Use by SelWervrhen Scdion 3A b mrnplt~ld.

PO 80X 261 TRENTON, W 01QsL42bl

ATENTION: REALTY lRAUSPER FEE UNIT The ~ o t ~ h e O i v i s t a d T ~ h h D s p e r m r e n t o f V r T n a ~ l t y h r p r e M b e d t h i S f o r m asreqciredbytaw,andmaynMbWedoramsnded wlihoul m-x appfwal d nm Dinem. For infometion on me bmWy Transler Fea or lo Wrd a cow of U~ls M I V % visi du, W i h of T m webrdfeBat

w m r t r t r . n j Y r r m u u W I t m U ~ h i l a

Page 25: TOWNSHIP of HOWELL

IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed in its name and on its behalf by its duly authorized officers and its seal affixed the day and year fust hereinabove written.

UNITED STATES OF AMERICA, DEPARTNENT OF THE NAVY

paid or to be paid for th title (such consideration defined in N.J.S.A. 46:15-5) before me.

My Commission Expires: [AFFIX NOTARY SEAL]

~ w . C ~ U M R Y M A N NM PUBUC DISTRlCTOF COLlJMBI* MY nymlsslon E x p i July 14,2013

Navy Signatun Page to Quitclaim Deed (Quarter F)

Page 26: TOWNSHIP of HOWELL

Return recorded document to:

East Coast Title Agency 202 Highway #18 East Brunswick, NJ 088 16

00'09T$ arVd 1VlOl sni

'WL9 9NIW0331 ALW3

II : s a d TWJl

NORTHEAST PPV 9E86 : 3 3 W d ZSL8-3J0 = X 0 0 8 U W +T: .PT=0S

a reference to 60UZ + S T unr NU El(R1033tl

ETSEOrJ1600Z U3MN IFUMUISNI

fN411Nn03 HinOUWOU X73 AL3*H3H3XJ 38IW73 U

o'C, liability company, h after called the GRANTEE. \

WITNESSETH:

RANTOR under the authority contained in 10 U.S.C. $2878 has conveyance of the Property, as defined hereinbelow on the terms set forth

e public interest and has otherwise satisfied and complied with all reporting cation periods, the applicable award and letting procedure and other statutory

limitations prescribed in the solicitation documents and the authorizing legislation, and all required findings and determinations have been made and other conditions satisfied; and

Page 27: TOWNSHIP of HOWELL

WBEREAS, GRANTOR sha.U quitclaim to GRANTEE the Earle Quarters E, F and G under the custody and control of the DON situated in Howell Township, Monmouth County, State of New Jersey, to be known as Block 183, Lot 72.03 on the Howell Township tax map, all as more particularly described on Exhibit "A" attached hereto and all buildings and improvements located thereon, and all and singular rights, tenements, hereditaments, easements and appurtenances belonging, or in any way appertaining thereto, including fixture structures, and facilities, alleys, roads, streets, ways, strips, and any equipment, utilities d utilities infrastructure, alterations, additions, infrastructure, all tangible and intangible ProPeaY located thereon or used in connection with the ownership and operation an attached fixtures located in, on and under the real property, and any means o ss and egress appurtenant thereto (collectively, the "Property"); and

WHEREAS, GRANTOR has found and determined that

4 is suitable for

conveyance pursuant to the Finding of Suitability to Transfer OS Land, Housing, and Associated Improvements: Green Acres and Highway 34 Housin GO aval Weapons Station

Dollars and such other

rest in and to the Property:

NOTICES, COVENANTS,

ccept conveyance of the Property subject to and together with all cove s, restrictions, easements, rights-of-way, reservations, rights, agreements, and f record and not of record to the extent validly existing

'

and enforceable.

rwise provided herein, or as otherwise provided by law, the

C. To the extent that any portion of the Property lies within a floodplain as defined in Section 6(c) of Executive Order No. 11988, dated May 24, 1977, the use of that portion of the Property may be subject to the National Flood Insurance Program.

D. PROPERTY C O ~ R E D BY NOTICE, DESCRIPTION, ACCESS RIGHTS AND COVENANTS MADE PURSUANT TO SECTION 120@)(3)(A) OF THE

Page 28: TOWNSHIP of HOWELL

COMPREHENSMC ENVIRONMENTAL RESPONSE, COMPENSATION AND - LIABILITY ACT OF 1980 (CERCLA) (42 U.S.C. 5 9620@)(3)(A)). For the Property, the

GRANTOR provides the following notice, description, and covenants:

1. Notices Pursuant to Section 120(h)(3)(A)(i)0 and (in) of CERCLA (42 U.S.C. 5 9620@)(3)(A)(i)0 and 0): Pursuant to section 120@)(3)(A)(i)(I) and (II) of CERCLA, available information regarding the type, quantity, hazardous substances and the time at which such substances were stored, of, as defined in section 120@), was previously provided to GRANTEE in th hereto as Exhibit "B," incorporated herein by reference and made a part

2. Description of Remedial Action Taken, Section 120@)(3)(A)(i)o of CERCLA (42 U.S.C. $9620(h)(3 section 120(h)(3)(A)(i)o of CERCLA, a description of the reme the Property is provided in the FOST.

3. Covenant Pursuant to 20(h)(3)(A)(ii) and (B) of ction 120@)(3)(A)(ii) and (B)

to protect human health and the environment with respect to any haz pursuant to section 120(h)(3)(A)(i)(I) of CERCLA remaining on efore the date of this Indenture; and

action found to be necessary after

Pursuant to Section 120(h)(3)(A)(iii) of CERCLA (42 U.S.C. $9620

GRANTOR retains and reserves a perpetual and assignable easement Property, to enter upon the

is found to be necessary on action or corrective action is

d right of access includes, ation, survey, monitoring,

g or pumping wells or tion necessary for the provided for in this

GRANTEE and its successors and assigns and shall run with the land.

b. In exercising such easement and right of access, the GRANTOR shall provide the GRANTEE or its successor(s) or assigns, a s 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

Page 29: TOWNSHIP of HOWELL

GRANTOR shall use reasonable means to avoid and to minimize interference with the - GRANTEE 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 GRANTOR. Excluding the reasonable charges for such utility services, no fee, charge, or compensation will be due the GRANTEE, nor its successors or assigns, for th easement and right of access hereby retained and reserved by the GRANTOR.

c. In exercising such easement GR4NTEE nor its successors or assigns, as the case may b equity against the GWJTTOR or any officer or employee of taken by the GRANTOR or its officers, employees, agents, c pursuant to and in accordance with this clause: Provided, howev shall be considered as a waiver by the GRANTEE and its success available to them under the Federal Tort Claims Act.

E. LEAD BASED PAINT (LBP).

1. The Property m that are presumed to contain LBP because they are thought to have to 1978. Lead £rom paint,

rly. Pursuant to 40 CFR any interest in residential

1978 is notified that such property may present exposure to 1 lace young children at

may produce permanent e quotient, behavioral

cular risk to pregnant quired to provide the buya

with any information on ments or inspections in the of any known lead-based paint hazards. A risk

assessment or i is recommended prior to d-based paint and potential cal laws and regulations.

shall be responsible for managing all lead-based paint hazards, including soil lead hazards, in compliance with the Hazard Reduction Act of 1992, 42 U.S.C. Section 4852d ("Title

X'3 and laws and regulations. The GRANTEE shall remediation after demolition and removal of demolition

debris and prior to occupancy of any dwelling units constructed on the Property after the date of this Indenture in a manner consistent with Title X and Department of Housing and Urban Development guidelines.

3. The GRANTEE hereby acknowledges the required disclosure of the presence of any known LBP andlor LBP hazards in target housing constructed prior to 1978 in accordance with Title X The GRANTOR agrees that it has provided to GRANTEE, and

Page 30: TOWNSHIP of HOWELL

GRANTEE acknowledges the receipt of, LBP inspection and risk assessment reports, available - records and reports pertaining to LBP andfor LBP hazards, and receipt of the Environmental .

Protection Agency (EPA) approved pamphlet "Protect Your Family from Lead in Your Home" (EPA 747-K-94-001). Furthermore, the GRANTEE acknowledges that it has read and understood the EPA pamphlet.

4. For any housing units c shall undertake, or shall require future transferees to un hazards in any housing unit where the then-owner of the housing unit bec under the age of six years living in the unit who has an elevated blood lead unit has been identified as the potential source. For a hous the extent a housing unit is occupied at the time of conveyance, the shall require future transferees to abate, any identified LBP the Property and as set forth in any LBP Risk Assessment for as Reference (d) in accordance with 24 C.F.R. Part 35 Regulations"), no later replacement of the h vacant on the conve

agrees that in its use and occupancy

the GRANTOR assumes no liability for

, whether the GRANTEE has properly warned, or failed to properly warn,

F. AS CONTAINTNG MATERIALS.

GRANTEE is hereby informed and does acknowledge that asbestos or asb aterials ("ACM") may exist in buildings and structures on the

EE covenants that it will prohibit use or occupancy of buildings and reof, containing known friable ACM prior to abatement of the friable

e building or structure, as may be required by applicable law.

2. The GRANTEE covenants and agrees that in its use and occupancy of the Property, including but not limited to demolition or handling of buildings or utilities containing ACM, it will be responsible for managing ACM and for complying with all applicable Federal State and local laws relating to ACM. The GRANTEE acknowledges that the GRANTOR assumes no liability for costs of any kind or for damages for personal injury, illness, disability, or death to the GRANTEE, or to any other person, including members of the general public, arising from or incident to the purchase, transportation, removal, handling, use, disposition, or activity causing or leading to contact of any kind whatsoever with ACM in the

Page 31: TOWNSHIP of HOWELL

improvement. including, but not limited to, the utilities @th underground and above-ground) - and structures on the Property, arising after the conveyance of the Property from the GRANTOR

to the GRANTEE, whether the GRANTEE has properly warned, or failed to properly warn the persons injured.

G. NON-DISCRIMINATION. The GRANTEE covenants not to

competent jurisdiction.

ces which occurred in or on the Property following the date of transfe ownership that is determined to be the result of the tions or those of a third party, which actions are not related to the Deparbne activities. The GRANTEE indemnifies the GRANTOR for damages and re

feree or transferees and their respective successors and assigns for so long as any or all of the Property..

THE CONDITIONS, , RESERVATIONS, AND COVENANTS set

shall inure to the benefit successors and assigns, an run with the land in perpetuity.

ATURE PAGE FOLLOWS]

Page 32: TOWNSHIP of HOWELL

EXHIBIT "A" LEGAL DESCRIPT'ION

Oaarters G

LEGAL DESCRIPTION of lands being a portion of a U.S. Naval Ammunition Depot - Earle, locally known as "Quarters G," in Howell Township, Momouth Co of New Jersey. Being a portion of tax Lot 72 in Block 183 as shown on the Howell T tax map and to be known as Block 183, Lot 72.03 on the Howell Township tax map.

BEGINNING at a point designated as the northeasterly (Highway 34 Housing)" Lot area, said comer located the foU concrete monument #9, Unit #3, as shown on a map entitled "U Earle, N.J., Real Estate Summary Map, Units 3 & 5, Drawing NO.

A. From the monument, South 17'-45'-27" East, 1 feet to the Place of Beginning and running:

1. South ally dong an existing fence

3. North 18'-57'-15" 72 feet, five feet east of an existing fence

an existing fence line to the

Encompassing an s.f. (1.935 Ac.).

Exhibit A

Page 33: TOWNSHIP of HOWELL

State of New Jersey SELLER'S RESIDENCY CERTIFICATIOtVEXEMPTlON

(C.55, P.L 2004)

(Please Print or Type)

Name@)

UNlTED STATES OF AMERICA, DEPARTMENT OF THE NAVY

Lot@) f' Qualifier

BLOCK 183 PORTION OF LOT 72, TO BE KNOWN AS BLO* 183 L$T 72.03 Street Address:

U.S. Naval Ammunition Depot - Earle, locally known as "Quarters G," New Je

bb taxes on any galn or income from the disposit~on of th~s property.

2. The real property being sou or ely as my principal residence within the meaning of sedon 121 of the federal Internal Revenue

3. I am a mortgagor conveytng the

4. Seller, transferor or the United States of America, an agency or authority of the State of New Jersey, the , the Federal Home Loan Mortgage Corporaton, the Gwemment National Mortgage rance company.

5. Seller is not an individual, ust and as such not required to make an estimated payment pursuant to N.J.SA.54kl-1 et gq.

me property is $1,000 or less and as such, the seller is not required to make an estimated .A. 54A5-1-1 et seq.

ot be recognized for Federal income tax purposes under I.R.C. Section 721. 1031, 1033 or is a E APPLICABLE SECTION). If such section does not ultimately apply to this transaction, the gation to file a New Jersey income taw return for the year of the sale (see instructions).

8. T ~ ~ ~ ~ % an executor or administrator of a decedent b a devisee or heir to effed distribution of the decedent's estate in accordan with the provisions of the decedent's will or the intestate Laws of this state.

The undersigned understands thet this dedaratlon and L mntents may be disdosed or provided to the New Jersey Division of Taxation and that any false statement mntalned herein could be punished by fine, imprisonment, or both. Mutthermore dedare hat I heve examined this declaration and.

(Seller) Please indicate if Powsr af At twey or Atlomey in FaU

Date Signature (Seller) Plesse i n d i i e If-Power of AiIomey or Atbmey in Fad

Page 34: TOWNSHIP of HOWELL

Cansideration S

COUNTY Monmouth 1310.1321 Date BY

MUNICIPALITY OF PROPERTY LOCATION Howell *Use ayrnbo1.C 10 lndlcate that lee Is &IJS~& Cw rmnty W.

RTF-l (Rw.7lMJ MUST SUBMITIN DWUCATE STATE OF NEW JERSEY

s a - AFFIDAVIT OF WNSlDERATlON FOR USE BY SELLER ...- L ' (Chapter49, P.L1 We, as m e a d fhrough Chaptsr33. P L 2008) (NJ.SA 4 6 3 s at sea)

BEFORE MMPLEllNG THIS AFFIDAVIT, PLEASE READ THE INSTRUCTOMS ON THE REVERSE SIDE OF THIS FORM

(I) PARTY OR LEGAL RFP-ATIVE (See lnstruGLiaM &9 and w* on RNNse sfdw)

STATE OF NEW JERSEY a

Deponent, Kalhsrine M. L& , being duly sworn according to law upon hidher oath, 1NaUmh

FOR RECORDER'S USE ONLY 1

deposes and says that hdshe is thema1 h p m e n t a w m a deed datsd transternng (BMw, ~agd R.pnMI.tlv* C- Ollb.r, Om-r d nab Compmy. Lmbng InsUtuUm. mta)

real property idantbled as Block number 183 Lot number 72.03 wted at

U.S. Naval Ammunition Lhpot-Earle. known as Y2uarbrs 0'. Howell (smlt A-. rown)

@A)REQlJIRED CALCULATION OF EQUAuzeD VALUATION FOR ALL CLASS 4A COMM NSACTIONS: (set? ItIStfU&#X and $7 On nvSrSa a)

Total Assessed ValuatJon + DlmctoPs Ratio = Eqwtlred Assessed Valw

t + % = H Dkeda'c R.llo b leas than IW%, the equaltzed valuation will be Dlndots Ratio b equal b or in ucsg of IOU%, the arrssrad value will be equal to me equahd nluatbn.

49, P.L. 1968, as amended through

RY MUST BE CHECKED.

5, C. 113. P I . 2004. and C. 66, P.L 2004 tor the folbwing rsaaon(s):

tally disabled Recaiving disability payments Not winfully employed'

Senior &ens, blind persons, musl also meet all of the following miteria: a Owned and accupled - Resident of State of New Jersey.

Oneortwo-lamily ras Owners as joint tenanh must all qualify.

VNTHECASEOFHUSBA ERS IN A ClVlL UNION COUPLE ONLY ONE GRANTOR NEEDS TO OUAUFY IF TENANTS

R-d for occupancy. Subject b resale c~~trols.

Unned Stater of America Gmw Name

303 Peachtree Street Manta GA 6000 HamptMl Blvd, Norfolk VA oeplent ~ a a e u Gran(or Address at T h e of Sale

xxr-m. gob East Coast Title 3 digb in WmW's Sodel Seurilv Nunber . NmelCompany of Satllemern Offw

FOR OFFICIAL USE ONLY Uuimmsnl Nurnta cued Number

mnv Book Page Date Remrdsd = 7-

r -. I I m$Reudinp Olfieers shall forward one mpy ol aach A M Consident i tor U s e by Selkr wnen Section 3A Is cunpleced. WCdV,,+ STATE OF NEW JERSEY- DIVISIOH OF ~ P ~ ~ A T I O N

3 cO..,,+' PO BOX 251 TRENTON, NJ 086Y-0261

AlTEMON: REALTY TRAIISFER FEE UNIT The D i m t a 13 (he W o n of ten ti^ in VR Depanmerd af the Trsssury has pxa-becl this form as regunred by law, and may not be aiiered w amended w m prlor approvlll of Vu D i . Fa Intamation en C-a Realty T m s k r Fee a to print a ccpy of Ws Amdavit, vislt Itm Division of Taxalii W b at:

mmrt.W.njuslb.uuryRaxaUorJlp~x.htm

Page 35: TOWNSHIP of HOWELL

IN WITNESS W)IEREOF, the GRANTOR has caused these presents to be executed in its name and on its behalf by its duly authorized officers and its seal affixed the day and year first hereinabove written.

WITNESS UNITED STATES OF AMERICA, DEPARTMENT OF THE NAVY

w m s

COUNTY OF

On this the day of 2008, personally appeared before me be the PI RFCT~L , Special Venture

of The United States of America,

same to be his free act e act and deed of said The United States of America, Department of the Na paid or to be paid for th me.

Notary Public My Commission Expires: [AFFIX NOTARY SEAL]

'* w. COUKFRMAAN ~ B U C Dl!3RlCT OFGUUJMBIA

My Commission Exdras Juhr 16,2013

Navy Signature Page ro Quitdaim Deed (Quarrer G)

Page 36: TOWNSHIP of HOWELL

. I ..! - ACCEPTANCE: .. .!

The GRANTEE hereby accepts this Indenture and agrees to be b o d by a . the agreements, covenants, conditions, restrictions and ~eservations contained herein.

. \ . .. WITNESS NORTEIEAST HOUSING : i . limited liability comp

Northeast LLC, a De : 1 ..! ' I

litary Housing Investm

My Commission Expires:

. . Norrheasf Housing ~tgartarr pagi D Quitclaim D&d (-.a Ci) . .