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Home My WebLink AboutDeeds & Easements-8-2012E_CCv0001.pdf Recorded In Official Records,County of San Bernardino 6/21/2012 RECORDREQUESTED BY DENNIS DRAEGER 1Dg29 AM MKi City Clerk, Redlands kvrw ix- ASSESSOR - RECORDER - CLERK AND WHEN RECORDED MAIL DOCUMENT AND TAX STATEWNT TO- R Regular Bail .i NAM Dock 2012-0249668 Titles: 1 Pages: 9 City Clerk 1 Fees 0.00 STREET City Of Redlands 1 Taxes 0.00 ADORM li 'then 0.00 PO BOX 3005 My.$TATEt Redlands CA 92393 PAID $0.00 np000E PERS NOT REQUIRM PER GOVEMIRM CODEISECTTON 6103 KfN SPACE ABOVE FOR RECORDEWS USE ONLY EASEMENT x H I AmmEA r ,-R 11=1 MINN, R=- CoRuF�=� R t REM U 3- mm ONLY THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) EASEMENT This indenture, made this 12'h day of January, 2012, between Nellie A. DeBoer as Trustee for"DEBOER, NELLIE A LIVING TRUST" (02-11-2004) (hereinafter "GRANTOR"). and the City of Redlands, California,a municipal corporation within the County of San Bernardino of the State of California (hereinafter "GRANTEE"), provides that: A.The GRANTOR for and in consideration of fulfillment of a condition of project approval,does hereby grant to the GRANTEE, its successors and assigns, a perpetual and assignable easement in and over that certain parcel of real property more particularly identified and described in Exhibits "A" and "B" attached hereto and made a part hereof(said parcel hereinafter referred to as PARCEL), and a right- of-way for the free and unrestricted passage and flight of aircraft of the class, size and category as is now or hereinafter may be operationally compatible with the Redlands Municipal Airport, in,through, across and about the airspace above an imaginary plane, as such plane is defined by Part 77 of the Federal Aviation Regulations,over said PARCEL, as described below(hereinafter "Airspace"). B. The Airspace for avigation easement purposes above said PARCEL consists of: all of the air space above the imaginary plane that is described by Part 77 of the Federal Aviation Regulations. C. The aforesaid easement and right-of-way described in Paragraphs A and B includes but is not limited to: 1. For the use and benefit of the public,the easement and continuing right to fly, or cause or permit the flight by any and all persons or aircraft, of the class, size and category as is now or hereinafter may be operationally compatible with the Redlands Municipal Airport, in,through, across or about any portion of the Airspace hereinabove described; and 2. The easement and right to cause or create, or permit or allow to be caused or created within the Airspace, such noise,dust,turbulence, vibration, illumination. air currents, fumes,exhaust, smoke and all other effects as may be inherent in the proper operation of aircraft, now known or hereafter used for navigation of or flight in air; and 3. The continuing and perpetual right to clear and keep clear the Airspace of any portions of buildings, structures, or improvements of any and all kinds, and of trees, vegetation, or other objects, including the right to remove or demolish those portions of such buildings, structures, improvements,trees or any other objects which extend into said Airspace and the right to cut to the ground level and remove any trees which extend into the Airspace; and 4.The right to mark and light, or cause or require to be marked or lighted,as obstructions to air navigation, any and all buildings, structures, or other improvements, and trees or other objects now upon, or that in the future may be upon, said PARCEL, and which extend into the Airspace; and 5. The right of ingress to,passage within, and egress from said PARCEL, solely for the above stated purposes. D. GRANTOR,on behalf of itself, its successors and assigns hereby covenants with the GRANTEE, City of Redlands,as follows: 1. GRANTOR, its successors and assigns, will not construct, install. , permit or allow any building, structure, improvement,tree, or other object on said PARCEL,to extend into the Airspace,or to constitute an obstruction to air navigation, or to obstruct or interfere with the use of the easement and right-of-way herein granted; and 2. GRANTOR, its successors and assigns, will not hereafter use or permit the use of said PARCEL in such a manner as to create electrical or electronic interference with radio communication or radar operation between any installation upon the Redlands Municipal Airport and any aircraft. E.The easement and right-of-way herein granted shall be deemed both appurtenant to and for the direct benefit of that real property which now or hereinafter constitutes the Redlands Municipal Airport, and shall further be deemed in gross,being conveyed to the GRANTEE for the benefit of the GRANTEE, and any and all members of the general public who may use said easement or right-of-way,taking off from, landing upon, or operating such aircraft in or about the Redlands Municipal Airport,or in otherwise flying through said Airspace. F.This grant of avigation easement shall not operate to deprive the GRANTOR, its successors or assigns, of any rights that it may otherwise have from time to time against any individual or private operator for negligent or unlawful operation of aircraft. G. It is understood and agreed that these covenants and agreements run with the land and shall be binding upon the heirs,representatives, administrators, executives, successors,and assigns of the GRANTOR, and that for the purposes of this instrument,the PARCEL shall be the servient easement and the Redlands Municipla Airport shall be the dominant tenement. H.The avigation easement, covenants and agreements described herein shall continue in effect until the Redlands Municipal Airport shall be abandoned or shall cease to be used for public airport purpose, at which time it shall terminate. It being understood and agreed that the aforesaid covenants and agreements shall run with the land and shall be binding upon the heirs,administrators,executors,successors and assigns of the Grantors until said Redlands Municipal Airport shall be abandoned and cease to be used for public airport purposes. IN WITNF WHEREOF,the Grantors[see footnote] have hereunto set their hands and seals this T7 day of C 201 Cc A? (SEAL) 'Grantor(s) tY A Trw ACKNOWLEDGEMENT STATE OF SS. COUNTY OF BE IT REMEMBERED,that on this day oft before me,the undersigned,a Notary Pub l'-Jn and for the County and State aforesaid,came KI40 1 who are personally known to me to be the same persons who executed the-within instrument of writing and such persons duly acknowledged the execution of the same. IN W7 ITNESS WHEREOF,I have hereunto set my hand and affixed my seal,the day and year last above written. A 14 Notary Public z ANNE M.YOHN Commission# 1874597 z My commission expire ZM Notary Public-California z zz z San Bernardino County My Comm.Expires Dec 25,2013 Footnote: Local recordation and subordination practices must also be met. If subordination is necessary, in which case the mortgagee must join in the agreement,the following language is suggested: Z-- In consideration of the premises and to assure Grantee of the continued benefits accorded it under this easement, [name of mortgagee],owner and holder of a mortgage dated—and recorded covering the premises above described.,does hereby covenant and agree that said mortgage shall be subject to and subordinate to this Easement and the recording of this Easement shall have preference and precedence and shall be superior and prior in lien to said mortgage irrespective of the date of the making or recording of said mortgage instrument. All Capacity Acknowledgment STATE OF CDUNTYOF (Date) (Name and title of the officer) f personally appeared iz (Name-or person signin who proved to me on the basis of satisfactory evidence to be the pers whose namq Z is/ei;e subscribed to the within instrument and acknowledged to me that be/sl e the same in-l2is/her/their authorized capacit i s), and that by his/her/their signature(s) on the instr6ment the person�P`)I or the entity upon behalf of which Moperson��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 myhand and official seal. ANNE M.YOHN L Commission# 1874597 Notary Public-California z Z San Bernardino County J My Comm-Expires Dec 25,2013 - / (seo|) City cif REDLANDS9 N, UNRIQUE MARTINEZ d 1888 { itv x�,'�drlc`2sti�,2 „ a r s 3-5 (-;�jon Strcct, Redlands, CA 92373 90 -? -?;j CERTIFICATE OF ACCEPTANCE (Government Code Section 27281) This is to certify that the interest in real property conveyed by the deed or grant dated 2012 from Nellie DeBoer, A Living Trust, to the City of Redlands, a political corporation and/or governmental agency is hereby accepted on April 17, 2012, by the undersigned officer or agent on behalf of the City of Redlands City Council pursuant to authority conferred by The City of Redlands City Council on April 17, 2012 and the grantee consents to recordation thereof by its duly authorized officer. Dated.1VIPY, 2012 Bv:,/ r N. Enrique Martinez, City Manager, City of Redlands Attest: Sam Irwin, City Clerk, City of Redlands 1vx " UW ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO SS CITY OF REDLANDS By the authority granted under Chapter 4, Article 3, Section 1181, of the California Civil Code, and Chapter 2, Division 3, Section 40814, of the California Government Code, on May 22, 2012,before me, Teresa Ballinger, Deputy City Clerk, on behalf of Sam Irwin, City Clerk of the City of Redlands, California, personally appeared N. Enrique Martinez, City Manager, and Sam Irwin, City Clerk, who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)Ware subscribed to the within instrument and acknowledged to me that he/4+e/they executed the same in his their authorized capacity(ies) and that by hisAwr4their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)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. 0 4 SAM IRWIN, CITY CLERK C) P'POR4 (P:"kp By: Teresa Ballinger,Deputy City C (909)798-7531 CAPACITY CLAIMED BY SIGNER(S) Individual(s)signing for oneselfthemselves Corporate Officer(s) Title(s) Company Partner(s) Partnership Attorney-In-Fact Principal(s) Trustee(s) Trust (x ) Other Title(s): City Manager and City Clerk Entity Represented: City of Redlands,a municipal corporation THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW: Title or Type of Document: Avigation Easement Date of Document. January 12,2012 Signer(s)Other Than Named Above: DeBoer,Nellie A Living Trust by:Nellie A DeBoer,Trustee A San Bernardino County AssessorAr Property Information Parcel 0298171130000 Property Address (Main Situs) Protected per CA. Govt. Code Parcel Status ACTIVE Sect.6254.21 Parcel Type REAL PROPERTY Protected per CA. Govt. Code Sect. 6254.21 Property ID Tax Status ASSESSED BY COUNTY Owner and Mailing Address DEBOER, NELLIE A LIVING TR Use Code SFR (02-11-04) Land Access PUBLIC PAVED C/O NELLIE A DEBOER TRUSTEE Size 1.501 TO 3.500 ACRES Protected per CA. Govt. Code Land Type SINGLE FAMILY RESIDENT Sect. 6254.21 District SAN BERNARDINO Protected per CA. Govt. Code Sect. 6254.21 Resp Group REAL PROPERTY Effective Date 04/26/2004 Resp Unit RES ZONE(MAX 4 UTS) &USE EX HPC/MHM(1-4 UTS,CHURCH) Current Owners Name DEBOER, NELLIE A LIVING TR(02-11-04) Document Numbers R/1 TRUST UNKNOWN 20040111887 % Int 100.0000000 Type BILLED OWNER Acquisition Date 02/17/2004 Document Date 02/17/2004 Inactive Date NONE Legal Parcel Map Parcel Map Parcel Nbr Unit Book Page 0298171130000 Legal Description STRETCH MAP MENTONE N 1/2 N 1/2 LOT 4 BILK 9 AND PTN AGATE AVE VAC ADJ ON E PER DOC 9-15-71 BK 7753 PG 837 No Legal Reason for Change Found 1/25/201212:20:05 PM Property Information Management System 1 of 2 Page(s) display64.cgi(PNG Image, 1280 x 827 pixels) https://www.homeinfomax.com/cgi-bin/display64.cgi?reportNumber--592594&reportType... w, A r _._ _ ,�,. _ y��r,.� , p3., pry,y�.. �*�+}Q.. . p..�yy Map Redlands ,$ �@ g ,} gp�y @g g� "{� 401 ", 4C I f4E F kte 5 477X4 [& 4FC 9�iV i 0€ Unified 3 W86 J t E ar 4n t 30 1Ax«'ON Qw,Y t x Rn Area {4 « ti ,148447` i s�tr" tgi E " Ptn Ga# kx( 96 45: 9 iy$I' 4�34,Jd`fkA YY 07 NT tsdirt 01 � ..� a 6 k t Re, 6d ( 7 I 5 itt >r�(fe Stss 9(t, ......_..,_. .. ....... .... .e.e .. 9Y� il 6t' i 'fir � s { 4{ ph, 3 �[ w " t � Yq ,. .,... ., E^IfU� iGusSfW.� ...., kW ap iA (had gi..µ u nI 116,31 43 ;(C3( t.86 ConkConkf ear � tags cr 0 RAO 1488549 � Book 53788 Page 47 � Son Bernardino County � 1 of 1 2I8/20I2 5:26 AM