Loading...
HomeMy WebLinkAboutDeeds & Easements_4-2017E RECORDING REQUESTED BY Electronically Recorded in Official Records,County of San Bernardino 3/0112017 08 38 AM CITY OF REDLANDS BOB DUTTON CA AND WHEN RECORDED MAIL DOCUMENT TOxv ASSESSOR RECORDER CLERK CITY CLERK 367 City of Redlands Clerk NAME CITY OF REDLANDS STREET P O BOX 3005 Doc# 2017-0090402 Titles 1 Pages 9 ADDRESS REDLANDS, CA 92373 Fees 00 CITY STATE& ��li Taxes 00 ZIP CODE Other 00 PAID 00 FEES NOT REQUIRED SPACE ABOVE FOR RECORDER'S USE ONLY PER GOVERNMENT CODE SECTION 6103 AVIGATION EASEMENT Title of Document A a s J THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3 00 Additional Recording Fee Applies) RECORDING REQUESTED BY AND (THIS SPACE FOR RECORDER'S USE ONI Y) WHEN RECORDED,RETURN TO CITY CLERK S OFFICE CITY OF REDLANDS P O BOX 3005 REDLANDS CA 92373 AVIGATION EASEMENT Redlands Pioneer, LLC, a Delaware limited liability company , (hereinafter called "Grantor") is the owner in fee of certain real property located in the City of Redlands, County of San Bernardino, State of California, and which is more particularly described in Exhibit "A" and shown on Exhibit"B"attached hereto and incorporated herein by this reference, (hereinafter the "Servient Tenement ") For valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor for itself, its heirs, administrators, executors, successors and assigns, does hereby grant and convey to the City of Redlands, California(hereinafter "Grantee"), its successors, assigns, lessees, sublessees, licensees and invitees, for the use and benefit of the public, an avigation easement appurtenant to the Redlands Municipal Airport (hereinafter the 'Dominant Tenement"), for the free and unobstructed passage of all aircraft ("aircraft" being defined for the purposes of this instrument as any contrivance now known or hereafter invented, used or designed for navigation of, or flight in, the air), by whomsoever owned and operated, in the airspace over, through, across and adjacent to the Servient Tenement, together with the right to cause in such airspace noise, sound or shock waves, vibrations, odors, fumes, dust, fuel particles, smoke,light,thermal waves,air quality changes and other results transmitted from the operation of aircraft of all types now known or hereafter designed and used for navigation of, or flight in,the air, by reason of any use ancillary or incidental to the operation of the Dominant Tenement and by reason of any operational incidental effects thereof, including such as may occur in and from take-off, landing and approach patterns into and from the Dominant Tenement until the Dominant Tenement shall be abandoned and shall cease to be used for public airport purposes, it being understood and agreed that these covenants and agreements shall run with the land Grantor, for itself, its heirs, administrators, executors, successors and assigns, does hereby waive, and release any right or cause of action which it may now have or which it may have in the future against Grantee, its successors and assigns, due to such noise, sound or shock waves, vibrations, odors, fumes, dust, fuel particles, smoke, light, thermal waves, air quality changes and other results in said airspace that may be caused or may have been caused by the operation of aircraft of all types now known or hereafter designed and used for navigation of, or flight in,the air,by reason of any use ancillary or incidental to the operation of the Dominant Tenement and by reason of any operational incidental effects thereof including such as may occur in and from take-off, land and approach patterns into and from the Dominant Tenement This waiver and release includes,but shall not be limited to, claims, known or unknown, foi damages for physical or emotional injuries, discomfort, inconvenience,property damage, death, interference with use and enjoyment of property, diminution of property values, nuisance or inverse condemnation, or for I\ca\djm\Easement Documents\Avigahon Easement"I ract 18979 docx I injunctive or other extraordinary or equitable relief Grantor,for itself,its heirs,administrators,executors, successors and assigns, agrees that Grantee shall have no duty to avoid or mitigate such damages by, without limitation, setting aside or condemning buffer lands, rerouting air traffic, erecting sound or other barriers, establishing curfews, noise or by enacting other regulations Grantor acknowledges and agrees that this waiver applies to all claims for injuries, damages or losses to Grantor's person and property, real or personal, (whether those injuries, damages, or losses are known or unknown, foreseen or unforeseen, or patent or latent) that Grantor may have against Grantee, and Grantor hereby waives application of California Civil Code Section 1542 That Section reads "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR " Grantor, for itself, its heirs, administrators, executors, successors and assigns, shall not construct or permit the construction or growth of any structure,tree or other object that obstructs or interferes with the use of the rights herein granted, or that creates electrical interference with radio communication between any installation within said airport and aircraft, or to cause difficulty for pilots to distinguish between airport lights and other lights, or to impair visibility in the vicinity of said airport, or to otherwise endanger the land, take-off or maneuvering of aircraft Grantor, for itself, its heirs, administrators, executors,successors and assigns,agrees that Grantee shall have the right to mark and light as obstructions to air navigation any such building, structure, tree or other object now upon, or that in the future may be upon the Servient Tenement,together with the right of ingress to, egress from and passage over and within the Servient Tenement for the purpose of accomplishing such marking and lighting Executed thisAl.day of wmyy , 2017 GRANTOR Redlands Pio r, LLC, a Delaware limited liability company Y Diver fie Pacific Communities,LLC, a Delaware limited liability company, its Manager Matthew Jord Manag g Me er PLEASE SIGN AND ACKNOWLEDGE THIS INSTRUMENT BEFORE A NOTARY PUBLIC I\ca\dim\Easement Documents\Avigation Easement Tract 18979 docx 2 CERTIFICATE OF ACCEPTANCE This is to certify that the Interest in real property conveyed to the City of Redlands dated from Redlands Pioneer, LLC, a Delaware limited liability company_is hereby accepted and the Grantee consents to recordation thereof by its duly authorized officer Dated A1,2 AEnriqu art'nez City Manager, City of Redlands I\ca\djm\Easement Documents\Avigation Easement Tract 18979 docx 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 SY Zay..�a ,a.�a..a=Cath-4a...�av��a.dTa� .v..�a�?.c,eas:e�a�aaw�•u�•.a=, ..a..,avi=,v.e=t?.ovVcf2G�.F,l:c,ic. .�'—' ..,�cv.F:careser:�cu A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document State of California ) County of 6av, PeV1l�i' it7b ) On 9` j c2A , 17 before me, �l��i t� ��L� �Ot� �� ?(kbL4- ate Here Insert Name and Title of the Officer personally appeared ala A Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personX whose name,( is/a<e subscribed to the within instrument and acknowledged to me that he/ tey executed the same in his/be0hiaff authorized capacity , and that by his/ rr signaturekV on the instrument the personN or the entity upon behalf of which the person%acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct SIMONE BASSO WITNESS my hand and official seal Notary Public California Z4pCommission San Bernardino CountyZ #2164524 ' Signature a My Comm Expires Oct 9 2020 / Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document Document Date Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name Signer's Name ❑ Corporate Officer — Title(s) ❑ Corporate Officer — Title(s) Partner — ElLimited L1 General [IPartner — ElLimited ❑ General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑ Other ❑ Other Signer Is Representing Signer Is Representing ©2014 National Notary Association www National Notary org 1-800-US NOTARY(1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document State of California ) County of � On a before me, Date Here Insert Name and Title of the Officer 1� personally appeared 1 (v ( `; , C - Name(s) of Slgnerk) who proved to me on the basis of satisfactory evidence to be the person(s) whose name( is/a`re subscribed to the within instrument and acknowledged to me that he/s`he/they executed the same in his/her/their authorized capacity(ik), and that by his/ham/their signature(gon the instrument the person( or the entity upon behalf of which the person() acted, executed the instrument �♦ I certify under PENALTY OF PERJURY under the laws DIANA RAINS of the State of California that the foregoing paragraph Notary Public California is true and correct San Bernardino County D WITNESS my hand and official seal Commission#2175775 My Comm Expires Dec 16 2020 Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document Document Date Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name Signer's Name ❑ Corporate Officer — Title(s) ❑Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑ Other ❑ Other Signer Is Representing Signer Is Representing ©2016 National Notary Association •www National Notary org 1-800-US NOTARY(1-800-876-6827) Item #5907 EXHIBIT "A" THOSE PORTIONS OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER, AND SOUTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SECTION 13, TOWNSHIP 1 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 13, BEING THE INTERSECTION OF SAN BERNARDINO AVENUE AND JUDSON STREET AS SHOWN ON TRACT NO 16627 RECORDED IN BOOK 340 PAGES 10 THROUGH 12, INCLUSIVE, OF MAPS RECORDS OF SAID COUNTY THENCE NORTH 89029'20" EAST ALONG THE CENTERLINE OF SAN BERNARDINO AVENUE AND SOUTH LINE OF SAID SECTION, 656 82 FEET TO THE SOUTHWEST CORNER OF THE EAST ONE-HALF OF SOUTHWEST ONE- QUARTER OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION BEING THE POINT OF BEGINNING, THENCE NORTH 00007'51 'WEST ALONG THE WEST LINE OF THE EAST ONE-HALF OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION, 1322 33 FEET TO THE NORTHWEST CORNER OF THE EAST ONE-HALF OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION, THENCE NORTH 89031'34" EAST ALONG THE NORTH LINE OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER AND THE NORTH LINE OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION, 1307 32 FEET TO THE NORTHEAST CORNER OF THE WEST ONE-HALF OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION, THENCE SOUTH 0002458 EAST ALONG THE EAST LINE OF THE WEST ONE-HALF ONT THE SOUTHEAST ONE-QUARTER OF THE SOUTHWEST ONE QUARTER OF SAID SECTION, 1321 46 FEET TO THE SOUTHEAST CORNER OF THE WEST ONE-HALF OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION, THENCE SOUTH 89029'20 WEST ALONG THE SOUTH LINE OF SAID SECTION, BEING THE CENTERLINE OF SAN BERNARDINO AVENUE, 656 95 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST ONE- QUARTER OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION, THENCE NORTH 00015'43"WEST ALONG THE EAST LINE OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 801 19 FEET TO A POINT THAT IS SOUTH 520 7 FEET FROM THE NORTHEAST CORNER OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHWEST ONE- QUARTER OF SAID SECTION THENCE SOUTH 89031'34"WEST 327 56 FEET TO A POINT IN THE WEST LINE OF THE EAST ONE-HALF OF THE EAST ONE-HALF OF THE SOUTHWEST ONE QUARTER SOUTHWEST ONE-QUARTER THAT IS SOUTHERLY 520 7 FEET FROM THE NORTHWEST CORNER OF THE EAST ONE-HALF OF THE EAST ONE HALF OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION, SHEET 1 OF 2 SHEETS EXHIBIT "A" THENCE SOUTH 0001147" EAST ALONG SAID WEST LINE OF THE EAST ONE-HALF OF THE EAST ONE- HALF OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION, 801 41 FEET TO THE SOUTHWEST CORNER OF THE EAST ONE-HALF OF THE EAST ONE-HALF OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION, THENCE SOUTH 89029'20"WEST, ALONG THE SOUTH LINE OF SAID SECTION BEING THE CENTERLINE OF SAN BERNARDINO AVENUE 328 48 FEET TO THE POINT OF BEGINNING 33 74 ACRES f LAND PREPA D B L �v? MARKS MARKS WHITMER, L S 5535 v wHiTMER L S No 5535 DATE 02-21-2017 9�F OF CF0 SHEET 2 OF 2 SHEETS EXHIBIT "B" NW COR , E1/2, SW1/4, SW1/4, SEC 13 ,- PIONEER AVENUE 1489°31 34 E 1307 32 N NE COR W1/2, NW COR E1/2 VNORTH LINE, SW1/4,1 NE COR SW1/4 SE1/4, SW1/4, E1/2 SW1/4, SW1/4 AND SE1/4 SW1/4, SEC 13 SEC 13 SW1/4, SEC 13 SW1/4 SEC 13 w W M I J O LC'j O � o O U O L') � OF c��� ��� c co cam+ Q�� `3 V) O 1 � I 451 ---- w v (n w to 327 56' ✓ c,F 1'�1`l' S89 31 34'W cli N a144 1 z vcV W a 0 — (f) ti �� `' w Lo w �� N 0 r` 5�1�15' rn 1�� `FFG S� o W �1 '1'5' d �f ��I� O w ti �G S0� w V 0 5 w z �11�I N��� c =w N z � � d Z I- m O S W N w W 000 1 w � o� o 0 Ld ,� w� _ Lc)- o 0 w C) z� F o z z Ozr o � � w o W O �� o z 0 0- n Z LL 0 f � U) Q Li Z o 't CL 14 13 M ---- M 23 24 328 48 M -----S89'29'20"W 656 95' -T----- S828 48 0"W -- -� -- ----- - SAN BERNARDINO AVENUE -- ----- } --- SW COR E1/2, I SOUTH LINE SEC 13 SE COR W1/2, I SE1/4, SW1/4, LJ 00E1/2 , SW1/4, o (D SW1/4, SEC 13 O LAND S� SEC 13 N NCO POINT OF BEGINNING O, SW COR , El/2, SW 1/4, v� MARK S z SW1/4, SEC. 3 WHITMER L S No 5535 t PREPARED BY Expires 9 30 14 \ DATE 02-24-2017 'y� � F O OF CSCALE V=200' SHEET 1 OF 1