The URL can be used to link to this page

Home My WebLink AboutDeeds & Easements_25-2018ERECORDING REQUESTED BY CITY OF REDLANDS AND WHEN RECORDED MAIL DOCUMENT TO NAME City Clerk, City of Redlands STREET ADDRESS P O BOX 3005 CITY ZIP CODETE& Redlands, CA 92373 FEES NOT REQUIRED PER GOVERNMENT CODE SECTION 6103 Electronically Recorded in Official Records, County of San Bernardino BOB DUTTON ASSESSOR RECORDER CLERK • 367 City of Redlands Clerk DOC# 2018-0282641 Titles 1 Fees Taxes CA SB2 Fee Others Paid SPACE ABOVE FOR RECORDERS USE ONLY Avigatlon Easement Title of Document THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3 00 Additional Recording Fee Applies) 8/02/2018 04 09 PM FV Pages 9 00 00 00 00 00 \ \ Electronically Recorded in Official Records, County of San Bernardino BOB DUTTON ASSESSOR RECORDER CLERK • 367 City of Redlands Clerk DOC# 2018-0282641 Titles 1 Fees Taxes CA SB2 Fee Others Paid SPACE ABOVE FOR RECORDERS USE ONLY Avigatlon Easement Title of Document THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3 00 Additional Recording Fee Applies) 8/02/2018 04 09 PM FV Pages 9 00 00 00 00 00 RECORDING REQUESTED BY AND WHEN RECORDED, RETURN TO CITY CLERK'S OFFICF CITY OF REDLANDS P O BOX 3005 REDLANDS CA 92373 AVIGATION EASEMENT Redlands Pennsylvania, 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, togethei 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 of 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 occui in and from take -off, land and approach patterns into and from the Dominant Tenement This waivei and release Includes, but shall not be limited to, claims, known or unknown, for 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, of for 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 of 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 Al 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 this 1-51 day of 2018 Clf7\►1fT11S:7 REDLANDS PENNSYLVANIA, LLC, a Delaware limited liability company By Diversified Pacificinmu ties, LLC, a Dela a e limitbility itompany Its der "� Matthew`A Jor'Ofin, Its Mana2in ember 2 PLEASE SIGN AND ACKNOWLEDGE THIS INSTRUMENT BEFORE A NOTARY PUBLIC A notary public or other officer completing this certificate verified 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 ) ss COUNTY OF 5-V1 On 2018, before me,IVYI brC' G j Notary Public, persoBAy appeared A y`' O --V1 who proved to me on the basis of satisfactory evidence to be the person whose name* is/�6 subscribed to the within instrument and acknowledged to me that he/9he4lcyTxecuted the same in his/Piles authorized capacitn and that by his/fir signaturenon the instrument the personP, 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 WITNESS my hand and official seal ON�aE BASSO Notary Public California z ,-s Sen Bernardino County z Commission # 2164524 M Comm Expires Oct 9, 2020 No Public CERTIFICATE OF ACCEPTANCE This is to certify that the interest In real property conveyed to the City of Redlands dated 2018, from Redlands Pennsylvania, LLC, a Delaware limited liability company, is here y accepted and the Grantee consents to recordation thereof by its duly authorized officer Dated N Enrique mez City Manager, City of Redl� S CALIFORNIA-• ACKNOWLEDGMENT er :.:�:.;. ;-.:g .at.; • .x» • asrfir:e •..: ce,:<r .• r�,-x s,•�..fr•: •.�-.•r.^ -a..a:.�•,w ,r. z.,:-2:.:r...:,r......::., as t:9 : •" s:; ..k �:•a.... �'rwn� s ..;:as:€.;.• �:�"•''r+� w 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 Na- C-Vv(A c� a W S� a U1� On ( �< i before me, � 1 (�,�1C�.. �`�(� Ljkc�>sy, �k��, l L, Date Here Insert Name and Title of the Off/cdpersonally appeared + C: 41 MO—Y- ki v e �-- Nome(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(N whose name(c) is/ace subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/h-er/the4r authorized capaaty(iOs), and that by his/heNth-air signatures) on the instrument the person(s), or the entity upon behalf of which the person(N acted, executed the instrument DIANA lI- Col Notary Public California San Sernardiao County z Z Commission #r 2175775 '— My Comm Expires Dec 162020 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal Signature -b L Iallo,—) yl r� Signature of Notary Public yr I 1VIiF16 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 Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other Signer is Representing Number of Pages Signer's Name ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other Signer is Representing . i.. ..SS. ,. }. , £. .,:?::, x.sY :•; , h.x .;}.£✓T r/J.. { £r.•;.zY:•.£tK .;. '.,r• r€��: u -,.,...c<•, ., . .: :.a,a .......;:::.:..,�,. y.,.,.,:•:.in. :.y:::.^.+ma ..•.•.• .. :•>:ca..: ,. •.�_:<.:•..i,:vr.•. ..�.:�u:. ;;.�.�.ry•."zv_. ...�•'z?.a �::. `•:- .�:< 02017•nal Notary Association EXHIBIT "A" 1 HE REAL PROPER I Y REFERRED 10 HEREIN BELOW IS SI I UA I ED 1N I HE Cl I Y OF REDLANDS, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS LOTS 1 TO 67, INCLUSIVE, AND LOTS A THROUGH J, INCLUSIVE, OF TRACT NO 19975, AS SHOWN ON A SUBDIVISION MAP FILED ON JULY 19, 2017, IN BOOK 347, AT PAGES 33 THROUGH 36, INCLUSIVE, OF MAPS, IN THE OFFICE OF THE SAN BERNARDINO COUNTRY RECORDER n 347 3; i- I 1,11 <5, ll< 11— r, TRACT NO. 19975 t .:1 N.+ nJ C VCP ii: fHl H fel �+KL:" tip •iEiE <' _t�iKY 'ivN t.•' t1 v 4e, �e i pY pi (MI5 P4Y51 Y 51kr 7Ri"�"' SEE SWE t 4 ry e t 60 22 26 ? i s 34 k {!5 21 z ,� 62 [? 63 14 t5 1618 tuf i .. 64 r w ---r c IQ 13 12 Q bl w J rm 1 I l � 05 T w �L01 D fl a F Eil IT O' f (16 �wcr f rJ 4 :z r ( r\ r b g4 Y5 1 I PEATJSYI VANlA AVENJ - " . �+ ro $• !.� t� DETAIL 10T g .:i. w5 ._.-.t K _'1..- r ii _ . sst i F , �• b' — - "� T c 5 -� Mx�.r - =s a �a4 , . ,. a '� 5 EASEMENT LEGEW 347 3; i- 27 28 29 59 3() 51 32 t NOTE s EAaDAENVLE6EN0 2 SEE WET 3 3N7/36 " 'N"' "A TRACT 0" 9 9 7 5 111 -W4 A li� n ",f "I"I GGINI 1114 IR 18979 TR NO 16979 M 8 347/1 5 LOT 8 T15 27 28 29 59 3() 51 32 t NOTE s EAaDAENVLE6EN0 2 SEE WET 3 3N7/36 LOT 8 49 4 8 47 46 40 41 42 45 T 55 44 3A 57 *4' 33 27 28 29 59 3() 51 32 t NOTE s EAaDAENVLE6EN0 2 SEE WET 3 3N7/36