Page:United States Statutes at Large Volume 98 Part 2.djvu/369

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PUBLIC LAW 98-000—MMMM. DD, 1984

PUBLIC LAW 98-407—AUG. 28, 1984

98 STAT. 1529

LAND EXCHANGE, SAN DIEGO, CALIFORNIA

SEC. 837. (a) Subject to subsection (b), the Secretary of the Navy (hereinafter in this section referred to as the "Secretary") is authorized (1) to convey to the City of San Diego (hereinafter in this section referred to as the "City") all right, title, and interest of the United States in and to approximately 120 acres of land lying southerly of proposed highway S-52 and east of Second San Diego Aqueduct, and (2) to convey to the City or the San Diego Energy Recovery Project, a joint powers agency of the City and County of San Diego (hereinafter in this section referred to as "SANDER"), approximately 45 acres of land lying easterly of Convoy Street and southerly of proposed highway S-52 and comprising a portion of the Naval Air Station, Miramar, San Diego, California. (b) In consideration for the conveyances authorized by subsection (a), the City shall convey to the United States appropriate interests (as determined by the Secretary) in and to approximately 280 acres of land abutting the boundaries of the Naval Air Station, Miramar, of which approximately 120 acres are adjacent to and easterly of highway 1-805 in the vicinity of Miramar Road and 160 acres are adjacent to and northerly of proposed highway S-52, east of Second San Diego Aqueduct. (c) If the fair market value of the land conveyed by the Secretary under subsection (a) exceeds the fair market value of the lands conveyed by the City under subsection (b), the Secretary may accept such other lands as the Secretary has been previously authorized to acquire by exchange in partial or full consideration for the remaining value. The total value of the consideration to the United States shall be at least equal to the fair market value of the lands conveyed under subsection (a), as determined by the Secretary. The City or SANDER or the City and SANDER shall pay any difference to the United States. (d) The exact acreages and legal descriptions of any real property to be conveyed or acquired under this section shall be determined by surveys that are satisfactory to the Secretary. The cost of such surveys shall be borne by the City or SANDER or by the City and SANDER. (e) The Secretary may require such additional terms and conditions under this section as the Secretary considers appropriate to protect the interests of the United States. LAND C O N V E Y A N C E, T U S T I N, CALIFORNIA

SEC. 838. (a)(1) Subject to subsections (b) and (c), the Secretary of the Navy (hereinafter in this section referred to as the "Secretary") is authorized to convey to the Irvine Company, a Michigan corporation, or to either or both of the cities of Tustin and Irvine, municipal corporations of the State of California, the interest of the United States described in paragraph (2) in a tract of approximately 15 acres of land located on the Marine Corps Air Station (Helicopter), Tustin, California (hereinafter in this section referred to as the "Air Facility"), for the development and extension of a public thoroughfare through the Air Facility from Barranca Parkway on the south of the Air Facility to Irvine Center Drive on the north of the Air Facility. (2) The interest of the United States that may be conveyed under this subsection is (A) a public right-of-way easement in perpetuity