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Home My WebLink AboutDeeds & Easements-3-2006E_CCv0001.pdf Recorded in Official Records, Countv of San Bernardino 310312006 LARRY WALKER M�' PM AuditorlController — Recorder YC R Regular Mail RECORDING REQUESTED BY AND Doc#: 2006—0150099 Titles: I Pages: 5 Fees g.00 e WHEN RECORDED,RETURN TO: Taxes .eeOther e.ee CITY CLERK'S OFFICE PAID $0.00 CITY OF REDLANDS P O BOX 3005 REDLANDS CA 92373 FEES NOT REQUIRED PER GOVERNMENT CODE SECTION 6103 (THIS SPACE FOR RECORDER'S USE ONLY) AVIGATION EASEMENT Lt_. N (hereinafter called "Grantor") is the owner in fee of certain real property located in the City of edlands,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,flumes,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-oft',landing and approach patterns into and from the Dominant Tenement until the Dominant Tenement shall be abandoned and shall cease to be used for publ is 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 ofall 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 ofthe Dominant Tenement and by reason of any operational incidental effects thereof including such as may F:ldjmlAgreernentstAvigation Easement,wpd l 12-I0*61-05 62a16pm From-CITY OF REDLANDS MUNICIPAL UTILITIES 6697967676 T-83Z PM/06 F®674 occurin and from -off,lAnd andapproachpattems into and from the Dorninarti Tenement This waiver d release includes, shall not be limited to,claims, kern odamages for physical or emotions]injuries,discomfort,incoaventence,property damage,death,interterence with use and enjoyment of propeny, diminution`on of propeM valum miisattce or mverse const adore, or for injunctive or other extraordinary or equitable relief Grantor, for itselt its heirs, rus tears, s, s d assigns, a ll have w avoid or mitst s by, e without l° i setting aside or condemning buffer lands,mouring wr truffic,erecting sound or odw barners,establishing dews,noise or by mudng other regulariomfor w3mowlWps wW agrm that this waiver applies toad claims for i4juries,+damaps orlosws to Cunwes Person and propeny,real orp+ersonaL(whedwthose injuries,damages,or losses are known or unknown,for en or unforeseen„or pateru or latent)that Grantor may have against Granter,and Grantor hereby waives application of California Civil Code Section 1542- That S42_That Section reads: "A GENERA.RELEASE DOES NOT EXTEND TO CLMMS WHICH THW CREDITOR ES NOT KNOW OR SUSPECT TO EXIST 1N HIS FAVOR. AT THE M E OF EXECUTING THE RELEASE, WIRCH IF KNOWN BY H94 MUST HAVE MATERMLLY AFFECTED MS SETTLENUNT WITHDEBTOR." Grantor, itself,its heirs,adutirtistrators,cxecutoMc i ,shall not constrixtear permit the construction or of y structure,tr oro object orin es with the ofth�e ra ,herein red,or that cream electrical interference with radio communicationy installation within said Airport aircrat or to cause difficulty for pilots to distinguish between airport lights and other lights,or to impair visibility in the vicinity ofsaid Airport;orro otherwise endangerthe land, takx-off sae maneuvering of aircraft. Grantor,for itself its heirs,a4minisa-4ors,executors, ccrs and sigm,agrees that Grantee shall have the right to mark and light as obstructions to air navigation any such buildin&structure,Uft or other object w upon,or that in the future may be uponthe Serview Tenartem, rogether with the right ofingress to,egress from and passage over and.within Servient Tenement for the purpose of accomplishing such marking and ligh ` to Executed this L day ori t L GRANTOR �. } NO Andrew M. Leaneyp' PLEASE SIGN AND ACKNOWLEDGE TMS INSTRUMIENT BEFORE A NOTARY PUBLIC. CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed to the City of Redlands, a Municipal Corporation, dated December 12th, 2005, from Andrew t_eaney is hereby accepted and the City consents to recordation thereof by its duly authorized officer. Dated: 1a , 2005 y M nager Redlan s CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Slate of California ss. County of C t 'Xalzl � on : /2 .200 7 before me. 0 am Hr MW 1.rdON=t•0.- Wfwpm personally appeared Au'b1'j/y� �t�'fii/F CI ftwom of Slymm ❑pemmigy known to me ,'probed to me on the basis of sahsfachDry evidence C. WATSON to be the person�pf whose name(sy is/arb Comm.#1413633 subscribed to the within instrument and N01ARY 7VRLIC iron CALIFORNIA v� 8�� to me c�f„�,eX�� i,.^,Beir�rdNte County ` '�""""'l MY C3mm lzoes APO 25.2007 "A the sante In ,fg."Myefr authorized capacity(io). and that by rfflw* signatureWon the Instrument the person,or the entity upon behalf of which the persmng acted,executed the instumertL WfTNESS"rid official seal. s4w&=a od"F+ac OPTIONAL Tim uo go Wbnnadw below is no re%N by Aw it may prwie vahebb ro pem=relyi'my on pie dm%wr *and cmW pevanr kaiallerrf remover ow naapedrn"of Otis Bonn b a VOW domxrlant Description of Attached Document Title or Type of Document: Auld Oti' ��5 �12f�• � 1�,t - D>' f mss.dc' WATSON Document Date: "/2-11 416r Number of Pages` 1413633 eur. o county my S�K a�dmn Cos Other Than Named Above: , g,pr's AP612--- 000 Capacity('tes)Claimed by Signer Signer's Name: ❑ Irxfividmaf ❑ Corporate Officer—Title(s): ❑ Partner—❑Limited ❑General ❑ Attomey-In-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: 0 lmaa►+re.i W"Am"w•S=a set ka.P.D.nm M•00m oro G 9131"4%?•wrwj"WW WP* PO&►e.so wardw a Tam 1-e0"Maw Escrow No. 20724-JB Exhibit "A" Real.property In the unincorporated area of the County of San Bernardino, State of California, described as follows: THAT PORTION OF LOT 133, TRACT NO. 2242, MENTONE ACRES NO. 3, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 32 OF MAPS, PAGE 9, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID LOT 133, WHICH IS EAST 50 FEET FROM THE WEST LINE OF TOURMALINE AVENUE PRODUCED NORTH TO THE NORTH LINE OF CAPRI AVENUE; THENCE EAST 53.34 FEET ALONG THE SOUTH LINE OF SAID LOT 133; THENCE NORTH 00 01' WEST 368 FEET; THENCE WEST 103.34 FEET; THENCE SOUTH 01 01' EAST 208 FEET; THENCE EAST 50 FEET; THENCE SOUTH 00 01' EAST 160 FEET TO THE POINT OF BEGINNING. APN: 0298-074-08-0-000