HomeMy WebLinkAboutDeeds & Easements-5-2000E_CCv0001.pdf Recorded in official Records, County of
San Bernardino, Larry Walker, Recorder
No Fee
RECORDING REQUESTED BY AND Doc No . 20000179481
k�irst "ericwi Titls 111SUMn" 3 : 54pm 05/ 19/00
WHEN RECORDED,RETURN TO: 205 30132773 03 04
CITY CLERK'S OFFICE 1 23 4 5 6
CITY OF REDLANDS
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REDLANDS CA 92373
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C, I AVIGATION EASEMENT FEES NOT REQUIRED
PER GOVERNMENT CODE
SECTION 6103
REDLANDS LUGP-NIA, LLC
a Calif. Limited Liani lit
y Co. , (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
1p t,
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:',,djm,Agreements\Avigation Easement.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,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 24thdavof January 2000.
GRANTOR REDLAMS MOCNIA, LLC, a Calif, Limited Liability Company
by: CUPTIS DEIELOPMENIT COqPORATION
Ma gin ember
J h F Musial , 6_secutive site President, Chief Operating Officer
PLEASE SIGN AND ACKNOWLEDGE THIS INSTRUMENT BEFORE A NOTARY PUBLIC.
F:\djmkAgreements\Avigafion Easementwpd 2
CERTIFICATE OF ACCEPTANCE:
This is to certify that the interest in real property conveyed to the City of Redlands dated January 24,
2000 from Redlands Lugonia, LLC
is hereby accepted and the Grantee consents to recordation thereof by its duly authorized officer.
,Dated: February 9, 2000 14
City a r, e Redlands
FAdjm',Agreements\Avigation Easement,wpd 3
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT NO.5907
State of California
County of Piverside
On before me, Pamela L. Shi p1 ey, Notary Publ is
DATE NAME.TITLE OF OFFICER-E.G..'JANE DOE,NOTARY PUSUC-
personally appeared John F. Musfal
NAME(S)OF SiGNER(S)
personally known to me - OR -
to be the person(§) whose name(t) is/4%
subscribed to the within instrument and ac-
knowledged to me that heANWM� executed
the same in his/I4*kN%§W authorized
capacity(W), and that by hisM0AWfvr
PAIVIEL�A L. SHIPLEY="'
a) signature R) on the instrument the person ),
cc M" 1 4
GOMM�# 1144354
I'o U IC� w
q0TAPY PUBLIC-CALItORNIA X or the entity upon behalf of which the
RIVEERSOF CCUNTY
j . 4 2ml
pos I't
Wi Gomm,UpWs Jur*2%2W1 person�g) acted, executed the instrument.
WITNE,$,amy hand and official seal.
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
El INDIVIDUAL
CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
PARTNER(S) D LIMITED
GENERAL
ATTORNEY-IN-FACT NUMBER OF PAGES
TRUSTEE(S)
17 GUARDIAN/CCNSERVATOR jg
17 OTHER:
DA TAE OF D&C'UNIENT,
SIGNER IS REPRESENTING:
4AME OF PERSON(S)CR.ENTIT-Y(;ES)
SiGNER(S) OTHEP TILHA N NAMED ABO`1E
T
,,01993 NAVCNALNOTAPY ASSCCANCN-8236 RemmetAve_P,O,E30X 7184-canoga Park,CA 91309-7194
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a
EXHIBIT"A"
LOT NUMBERS 1 THROUGH 159, INCLUSIVE,AND LETTERED LOTS A THROUGH CC,
INCLUSIVE, TRACT NO. 15937, IN THE CITY OF REDLANDS, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK —)g OF
MAPS, PAGES �4 S THROUGH e1, OFFICIAL RECORDS OF SAID COUNTY.
PREPARED BY:
IVIES W. H CKS, R.C.E. NO. 23362 `
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PLANNING AND COMMUNITY DEVELOPMENT
Subdivision Improvement Agreement - Tract No. 15739 - On motion of
X Councilmember George, seconded by Councilmember Freedman, the City
Council approved, by AYE votes of all present, a subdivision improvement
agreement for Tract No. 15739, a subdivision of 160 single family lots on 61.27
acres generally located on the northeast comer of Lugonia Avenue and
Dearborn Street R-E (Residential Estate) District.
Tract No. 15739 - Final Approval, - On motion of Councilmember George,
seconded by Councilmember Freedman, the City Council accepted and granted
final approval, by AYE votes of all present, for Tract No. 15739 and authorized
recordation with the County Recorder. Tract No. 15739 is a subdivision of 160
single family lots on approximately 61.27 acres generally located on the
northeast comer of Lugonia Avenue and Dearborn Street in the R-E (Residential
Estate) District; Standard Pacific of the Inland Empire, applicant.
COMMUNICATIONS
Council Policy - Written Agenda Materials - Councilmember Peppler asked the
City Council to consider adopting a policy regarding items that are submitted by
individual Councilmembers for discussion and possible action on the City
Council agendas. She felt City Council, City staff, and the public would greatly
benefit from having written backup materials submitted for each agenda item.
Councilmember Freedman agreed, however, there are instances when a
Councilmember becomes aware of a situation that should be placed on an
agenda the day the agenda is distributed. Councilmember Haws concurred and
recommended the deadline for backup materials be Mondays before a Council
meeting. Councilmember Peppler moved to enact a policy that no item be
placed on the agenda without at least a brief written memo on the background of
the topic and what should be discussed; the deadline is extended to Mondays,
noon, for urgent matters placed on an agenda without backup materials. Motion
seconded by Councilmember Haws and carried unanimously.
Exclusive Negotiations Agreement - Sports Complex - Empire A/G Recreation,
LLC representatives met with individual Councilmembers and City staff
regarding a proposal to develop the City's sports complex in the northeast
section of the City. A PowerPoint presentation was made on the financing of
the sports park and master plan proposals. Mr. David Willis, General Partner,
Empire A/G Recreation LLC, reviewed an Exclusive Negotiation Agreement he
urged Council to approve. Councilmember George stated the City has been
contacted by other companies who would like to present proposals; the City
needs to keep their options open. Councilmember Haws stressed that the doors
are open to communicate with staff, Parks Commission, Recreation
Commission and community groups. Councilmember George expressed his
concern with the suggested sale of alcohol at the complex; Mr. Willis stated it
May 16,2000
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