HomeMy WebLinkAboutDeeds & Easements-10-1992E_CCv0001.pdf .;.y m IRA S`f:
WHEN RECORDED MAIL TO
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OFFICItThe CITY CLERK 4 LNNT "FE "
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City of Redlands 92 R -7 FM : 47
P.Q. Box 3005 5 SVY
Redlands , CA 92373 SAN BERNARDINO
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AVIGATIQN EASEMENT
WHEREAS , Hill Williams Development Corp. _
herein called Grantor, is the owner in fee of that certain parcel
of land situated in the City of Redlands, County of San
Bernardino, State of California, more particularly described as:
Pioneer/Riverview Area/Brookstone; Wh W-�, NEa SEh Sec 15 T1S R3W SR Rase
City of Redlands, County of San Bernardino, California
herein called the Servient Tenement,
NOW, THEREFORE, 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 unto the City of Redlands, California,
herein called Grantee, its successors, assigns, lessees,
sublessees, licensees and invitees, for the use and benefit of the
public, an easement and right of way appurtenant to the Redlands
Municipal Airport, herein called the Dominant Tenement, an
avigation easement,
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
t%tc Serv_en, Terle:t�ent,
Together with the right to cause in said airspace such 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 know 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.
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92-148105
To have and to hold said easement and right of way and all
rights appertaining thereto unto Grantee, its successors, assiqns,
lessees, sublessees, licensees and invitees, 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, remise, 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
know 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 patters into and from the
Dominant Tenement. Said waiver and release shall include, 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
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 .
Grantor, for itself, its heirs, administrators, executors,
successors and assigns, agrees not to 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
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92-148105
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 g day of October , 19 91 .
GRANTOR
Hill Williams Devel.Qpment Corp.
By: Donald H. Williams, JF
President
PLEASE SIGN AND ACKNOWLEDGE THIS INSTRUMENT BEFORE A NOTARY
PUBLIC.
State of California )
County of Orange )
on 2O-`P-1991,before me, Connie R. Riley,a notary public In and for said state,
personally appeared Donald H.Williams, Jr,known to me to be the person whose name Is
subscribed to the within instrument, and acknowledged to me that he a ecuted the same in
the capacity indicated at the signature point.
iw
RLEY
WITNESS my hand and o®dal seal
(Seal)
�' Connie R. Riky