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HomeMy WebLinkAboutDeeds & Easements-25-1990E_CCv0001.pdf f F"ST r .w .'„'+�a �,i_� a .:;[.,s i+n au ms`s.. € ii' L LAh7 S 3P ...T WHEN RECORDED MAIL TC . E A The CITY CLERK City of Redlandsy � P.O. Box 3005 Redlands, CA 92373 RECORDED 11N OFFICIAL RECORDS i M1 JUL 13 1990 AT 8:30 ANI AVIGATION EASEMENT SAN BERNARDINO COUNTY, WE- 7 f r � WHEREAS, 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 particularizydcribed as: 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 avi.gation 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 the Servient Tenement, 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. 1. 613 90-- 2173 To have and to hold said easement and right of way and all rights appertaining thereto unto Grantee, its successors, assigns, 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 aircra-.ft­-,oX,-,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 2. 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 day of .. , ....., 19 . GRANTOR r i /17 STATE OF CALIFORNIA COUNTY OF Orange SS. ° On May 172 1990+ .� before me, ` the undersigned, a Notary Public in and for said County and State, personalty appeared Donald F Buhler Trustee of the Buhler Family Trust dated 12/17/80 us�, c� Z Lu proven to me <Z M� to bethe general partner(s)of the limited partnership that executed Ci. the within instr nt, and acknowledged to me that such partner- p ship executed e'same. �,a FICI A i S f 'L uJ -a UJ CALJF-1R NIA Si nature " g g r g - expire , l „! /Gregory P. Belous Name (Typed or Printedl t stir i r.0.:A"XMI yr, AL;%;Z e'.1'"i.;Z FOR NOTARY SEAL OR STAMP This is to certify that the interest in real property conveyed to dated from to the City of Redlands, a governmental agency, is hereBy accepted and the Grantee consents to recordation thereof by its duly authorized officer. Dated: C Manager, city of Redlands 3 . WREN RECORDED MAIL TO : 113 The CITY CLERK City of Redlands` P .O . Box 3005 Redlands , CA 92373 rr AVIGATION EASEMENT WHEREAS , i t 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 : PAPCEL NO ,. 1 The east 1/2 of the east 1/2 of the northeast 1/4 of the southwest 1/4 of section 15 , township 1 south , range 3 west , San Bernardino Buse and Meridian , in the city of Redlands , County of San Bernardino , State of California , according to government survey. Excepting therefrom the east 50 feet conveyed to the State of California by deed recorded December 22 , 1953 , in Book .3297 , page 540 , official records . PARCEL NO . 2 The east 1/2 of the west 1/2 and the west 1/2 of the east 1/2 , all in and of the northeast 1/4 of the southwest 1/4 of section 15 , township 1 south , range 3 west , San Bernardino Base and Meridian , in the city of Redlands , in the County of San Bernardino , State of California , according to government survey. 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 , and easement and right of way appurtenant to the Redlands Municipal Airport , herein cal? 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 navigtion 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 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 , 1 .