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Home My WebLink AboutDeeds & Easements-7-2000E_CCv0001.pdf Recorded in Official Records, County of San Bernardino, Larry Walker, Recorder No Fee PLEASE CO&MPL ETE TMS PW`Of ATM Doc N o . 94 9' RECC*UXM REQUESTED Or. 1 1 , 1 am 0 t 1 I o RECORDING AT THE REQUEST OF CHICAGO TITLE CO. 205 20259523 02 23 AND Wj*N RECORDED wnt.TO. t 2 M ! 4 rl 5 M ! 7 • M !M •ri PC FEE A" CIMS rue" CRT CPT ADD RM M M ►COR 5 6 67 MOR ST UI SVT I GT-CO TRANS TAX DA I CURS EXAM SPAM ABOVE FOR RECORDER'S USE ONLY I`— I r 1 �J� 11wi of bmunhad 5':;,axw�tf:';'t�'r":3 >ykav :;�'4_�' •:s''<}? ,':px•'<'.;tr �':`{,?:' .2': •«:e�.:, p y�•y, '�y�iti �•' S Y+�� L S Lc{ 4 •}. } �} t ��t h t� � L 4 ;::.5.: e.�S..: .ti.. ..:.:: {��:}{}t}Y ..::., v-.,t,}:+..:.: t •,. }� ' � nY,... ..,r.:... .... :,.}:!. •.•;P:r+ .*v t'it'it, ::4';:xa..y.}: i:ryv,.�:. .•J,.,v,..•,n}yv t$::L'f.:;�YvA .P'S.}: t. .a aY'" ;k•f } v RY � � Yf•` <�, 2 ': ,.c x ..., M .i,�.{ :} ,,v,.{•x'�.•t "k"a�•3. •4X' '#:''t�'r ,.yw} La THIS COYER SHEEP ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Adc0donal R rd ng Fee Appfts) •yp� (.:btisatlmmslp WMPO.pl RECORDING REQUESTED BY AND WHEN RECORDED,RETURN TO: CITY CLERK'S OFFICE CITY OF REDLANDS P 0 BOX 3005 REDLANDS CA 92373 (THIS SPACE FOR RECORDER'S USE ONLY) AVIGATION EASEMENT ICSWH Redlands, LLC , (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 y F:\djm\Agreements\Avigation Easement.wpd 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,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_JL day of loni Lnx,_4 2000. GRANTOR ICSWH Redlands, LLC PLEBE S16N AND ACKNOWLEDGE THIS INSTRUMENT BEFORE A NOTARY PUBLIC. F:',djm',Agreements\Av;gation Easement.wpd 2 b ICSWH REDLANDS, LLC CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of On / / before me Date Name and Title of Officer{ . 'U ne Doe:Notar Public') personally appeared Name(s)of Signer(s) ¢j y iersonally known to me proved to me on the basis of satisfactory evidence t �; ,Ih• f��0i�td50N Cc 1193295 u a ,,, _Ct i;fcxn� Z to be the person('} whose name} i0'am R"—id County subscribed to the within instrument and 13.20x2 acknowledged to me the executed ' = the same in ice - authorized capacity(i and that by ei signator on the instrument the person or the entity upon behalf of which the person` acted. executed the instrument. _ 6 W17AN 'my hand and official seal. Place Notary Seal Above ;L'-kl�Signature of Notary tic o OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document, i Description of Attached Document ? Title or Type of Document: Document Date:_ Number of Pages: X. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer 61 Signer's Name: El Individual � ITopof "here Corporate Officer—Title(s): Partner—El Limited [::::[ General 1 Attorney in Fact Trustee Guardian or Conservator Other: ` I Signer Is Representing: ��,?`^-;;`--�.`"�''",'k.`'> '�c'�a"-;�'�,z=;�•-Z',�,=�,;r j`�`� .'�—L:`°�%;' �'',,'v� "�-�, �,.�„'��`::.�^�. i,,.l�*--,';` y'�"�, "�.r��...z�';fi.,�';�`s�'�;�.a�;""-..�;�"1...�"�e..-.,.^�:.v':�".�,a.... O 1997 National Notary Association•9350 No Seto Ave.,PO.Box 2402•Chatsworth,CA 91313-2402 Prod.No,5907 Reorder:Call Tbil-F ee 1-800-876-682' CERTIFICATE OF ACCEPTANCE: This is to certify that the interest in real property conveyed to the City of Redlands dated January 28, 2000 from ICSWH Redlands, LLC is hereby accepted and the Grantee consents to recordati thereoby its duly authorized officer. Dated: February 9, 2000 City a ager, Ifty of Redlands FAdjmlAgreernents`tAvigation Easement.wpd EXHIBIT"A" LOT NUMBERS I THROUGH 33, INCLUSIVE, AND LETTERED LOT A, TRACT NO. 16029, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED INBOOKtj OFMAPS, PAGES JJ. THROUGH 4 --n OFFICIAL RECORDS OF SAID COUNTY. /lu PREPARED BY: w All ,J)WES HICKS, R.C.E. 23362 2-3362 Exp-oe- n- -10