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Home My WebLink AboutDeeds & Easements-24-2014E_CCv0001.pdf Recorded to Official Records, County of San Bernardino 11/05/2014 DENNIS DRAEGER 7:01 PM SG e N`WIRMRDi ASSESSOR — RECORDER — CLERK SAN RECORDING REQUESTED BY AND WHEN RECORDED,RETURN TO: P Gounter CITY CLERK'S OFFICE CITY OF LANDS Titles: 1 Pages: 6 P O BOX 005Doc#: 2014—0415381 REDLANDS CA 92373 Fees 0.00 Taxes 0.00 Other 0.00 PAID $0.06 (THIS SPACE FOR RECORDER'S USE ONLY) AVIGATION EASEMENT Redlands 6120,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 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 ditty 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 Intent) 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 OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER 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 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 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 JA'kday of /,V""t 2014. GRANTOR: Redlands 6120, LLC, A Delaware Limited Liability Company BY:Diversified Pa afi Communities, LLC,A Delaware Limited Liability Company,Its Manager Matt -Nv A. Jor n Man ging Me ber PLEASE SIGN AND ACKNOWLEDGE THIS INSTRUMENT BEFORE A NOTARY PUBLIC. NOTARY ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF G " tin , I` before me personally (Date) (Naive and title of the officer) appeared; (Name of person signing) who proved to me on the basis of satisfactory evidence to be the personw whose name is1 subscribed to the within instrument and acknowledged to me that he1siHWttWexecuted the same in hill tr 'r authorized_capacity .Q, and that by his/heMbatf-signatureN on the instrument the person , or the entityupon behalf of which the personM acted, executed the instrument I certify under PENALTY F PERJURY under the laws of the Mate of California that the foregoing is true and correct. WITNESS my hand and official seal, =NotaryPubfic jo ft Co Signature of officer FORM OF CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the deed or grant dated August 12,2014, from Redlands 6120, LLC, a Delaware Limited Liability Company, to the City of Redlands, a municipal corporation, is hereby accepted by the undersigned officer or agent on behalf of the City Council of the City of Redlands pursuant to the authority conferred by Resolution No. 6756 of the City Council of the City of Redlands adopted on September 3, 2008, and the grantee consents to recordation thereof by its duly authorized officer. DATED: Octo r 15, 20 BY: ^` /f24. Enk�q-ue M� m z,'Cit Mai er I:\ca\djm\FORMS\FORM OF CERTIFICATE OF ACCEPTANCE.doc 8/27/08 7:57 a.m. EXHIBIT "A" THAT PORTION OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 14,TOWNSHIP 1 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN,ACCORDING TO THE OFFICIAL PLAT THEREOF, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTERLINE INTERSECTION OF SAN BERNARDINO AVENUE AND JUDSON STREET AS SHOWN ON PARCEL MAP NO. 3807 RECORDED IN BOOK 35 OF PARCEL MAPS, PAGES 18 AND 19, OFFICIAL RECORDS OF SAID COUNTY; THENCE SOUTH 89044'30"WEST,ALONG THE CENTERLINE OF SAID SAN BERNARDINO AVENUE, 999.16 FEET: THENCE NORTH 00003'49"WEST, 1323.61 FEET TO THE CENTERLINE OF PIONEER AVENUE: THENCE NORTH 89047'35"EAST, 1000.63 FEET TO THE CENTERLINE INTERSECTION OF PIONEER AVENUE AND SAID JUDSON STREET; THENCE SOUTH 00000'00" EAST,ALONG THE CENTERLINE OF SAID JUDSON STREET, 1322.71 FEET TO THE POINT OF BEGINNING. 30.37 ACRES PREP RED � 0 1.ANb SG,Q _�� 4t:�- ARKS. MARK S.WHITMER, L.S. 5535 WHITMER 0 f L.S.No.5535 ` DATE:06-23-2014 � ExPfres:9.30-14 9TF� CA1-��Q EXHIBIT "B" TRACT NO. 16465 PIONEER AVENUE _ N89'47'35"E 1000.63' c LOT "F" 62 LOT "C" � n N LUCAS LANE 1 LOT 'D" LOT E Ld 2 21 22 41 42 61 3 20 23 ' 40 43 ` 60 Z a 0 4 19 24 F 39 44 59 cl � O � 5 18 25 v 38 45 58 J tall Z i Ui w 6 g 17 26 0 37 46 w 57 S d o 0 7 0 16 27 = 36 4756 0 z 4 ! 8 =, 15 28 35 48 55 ' 9 14 29 34 49 54 10 13 30 33 50 53 11 12 31 32 51 52 LOT "B" LOT "A" SAN BERN_ARDINO AVENUE 14 13 589'44'30"W 999.16' 23 24 LAND PREPARED BY: " ` v VMARK S. WHITMER 0 DATE: 06-23-2014 L.S.No.5535 } SCALE: 1"=200' � Expires:9-30-14 \Q.. T � F OF- CAL�F0�