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Home My WebLink AboutDeeds & Easements-10-2005E_CCv0001.pdf Recorded in Official Records. County of San Bernardino 4114/2005 LARRY WALKER 4:11 PM ;LAK Auditor/Controller — Recorder MP RECORDING REQUESTED BY ANDf P Counter WHEN RECORDED,RETURN TO: Doc#: 2005—0262771 Titles: 1 Pages: 6 CITY CLERK'S OFFICE Fees 0.00 CITY OF REDLANDS Taxes 0.00 P O BOX 3005 Other 0.00 REDLANDS CA 92373 PA1D $0.00 (THIS SPACE FOR RECORDER'S USE ONLY) AVIGATION EASEMENT FEES NOT REQUIRED PER GOVERNMENT CODE SECTION 6103 (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"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 F:ldjrn\Agreements\Avigation Easernent.wpd 1 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, 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, or 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 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 ofthe rights herein granted,orthat 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. Tt4- Executed this day of GRANTOR Z"x PLEASE SIGN AND ACKNOWLEDGE THIS INSTRUMENT BEFORE A NOTARY PUBLIC. FAdjm\Agreements\Avigation Easement.wpd 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of '224— on 22^On f''O r.\ `5 r a�'h before me. OW TOe d aftw(6.8 -Jsr ow.N(*"nmo personally appeared �><.� �� -- c- An 0 ❑personalty known to me roved to me on the basis of satisfactory evidenoe to be the persona) whose name(ai istare subscribed to the within instrument and CATHERINE i. ;, S Oc acknowledged to me that he/sheAbey executed Commission# 1351491 the same in his/helAhbir authorized a -as Notary Public-California C c /tuor/their San Bernardino County > � hyr�. and that by his My Comm.Expims Apr 15.2006 signatures)on the instrument the person(,or the entity upon behalf of which the persoa(a) acted,executed the' rumerit. wfTiv� -ori d md"Rtlf¢ OPTIONAL Though are irdormabon below is not regL*vd by law,it may pore vahwbiv to Person rely*V on Bre dba.rmW ane cow paved trau uW remove!ane raeaadmenf of ads form to anomer docrmeiX Description of Attached Document Title or Type of Document: V'.�dk�Or� 1St vrc:vk Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les)Claimed by Signer Signer's Name- ❑ Individual T0�«s"i"b A°e ❑ Corporate Officer—Title(s): ❑ Partner—❑Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. O 1M PMara1 Novy limen-980 0e Sob Me-P.O.eat 244-Chuhwxv,G 913132402- Red No.sm Fbado CA TdWm 1-800-!76!027 CERTIFICATE OF ACCEPTANCE: This is to certify that the interest in real property conveyed to the City of Redlands dated 4/5/05 from Andrew M Leaney is hereby accepted and the Grantee consents to recordation thereof by its duly authorized officer. Dated: `- City a ger, � of Redlands F:tdjm\Agreements\Avigauon Easement.wpd 3 Piet EXHIBIT W NWPs 1of2 1 Assessors Parcel Map for the parcel number 0298-134-12-0000 was found Vacant Land or N/A l_C7C A r'A9-CKC-C-c (igfiI S PCZ'fC Map 1 of 1 7 1 0 BERYL AVENUE ; Q Tee:! OfY h--- ��i - AVENtlf-e -131 4 -I d its I o a w Vis, IST a- - -� ti,ss -4jC, i 4w " I U A q a i Mt Cw AitP vo.5776,P.4.7&,W ftm POOM Mop ga,402$,P.M. -"A? W C P-fW Net ft.3627,P.11.3WO3,64 �— „IS 6$P PMd Moa Mai 277% +!Y._M-23 SaveNiew In TIF format(0298-13- -0700-0100-000) http://www.niteowl.net/content/profil6PIatView.asp?PROP-956049899 4/5/2005 lvuCvwirtub - r1UIR:rty UCtans Property EXHIBIT "A" Details 2 of 2 Vacant Land or N/A Property Last Updated 8115/2004 4:47:04 AM County Last Updates'. 3/29/2005 7:31:37 PM Ownership Information Parcel No 0298-134-134)000 Owner(s) LEANEY ANDREW M Site Address: Vacant Land or NIA View Property History Mad Address 1431 STH AVE REDLANDS,CA 923745442 Sales and Loan Information Recording Date 05/19/2004 Lender Name: NIA Sale Price $92,000 Title Company FIRST AMERICAN TITLE Sale Code F-SALE PRICE(FULL) Loan Amt Other NIA Document# 000000350681 Seller NEAL BLAKE E i3 NANCY Document Type, GRANT DEED Prior Sales Pnce- NIA Deed Type UNKNOWN Prior Sales Date NIA Loan Amt 1 St. NIA Prior Doc# NIA Loan type. UNKNOWN Prior Doc Type. UNKNOWN Assessment and Tax Information Assessed Value: $6,668 Assessed Improved Value NIA Assessed Land Value $6,668 Assessed Improved%. NIA% Tax Area 104003 Tax Year 2003 Owner Exempt: NIA Tax Amount $82.61 Property Description Use Code NIA-VACANT LAND(NEC) Zoning: SB NIA Legal PARCEL MAP 5716 PARCEL NO 2 Map Grid: PAGE-GRID: N/A Old Map-Grid(CA only) PAGE 30 GRID B1 County, SB Municipality- 12 Tract NIA Subdivision Name. NIA Lot N/A Bathrooms_ N/A Lot Size: 21,859 House Style UNKNOWN Acreage 0.502 Yr Built/Effective Yr Built: N/A I N/A Garage UNKNOWN Pool NO Fuel Type UNKNOWN Electrtc Type OVERHEAD WIRES Fireplaces NO Flood Zone ID NIA Water PUBLIC Sewer UNKNOWN Census Tract 008600 Census Block. 8 Deemed Reliable, But Not Guaranteed http://www,niteowl.net/content/profile/pDetails_FA.asp?PROP=956049877&STATE=CA&... 4/5/2005