HomeMy WebLinkAboutDeeds & Easements-19-2014E_CCv0001.pdf Recorded in Official Records,County of San Bernardino 910812014
DENNIS DRAEGER 2:32 PM
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Doc#: 2014-0330492 Titles: I Pages: 5
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RECORDING REQUESTED BY AND
WHEN RECORDED,RETURN TO:
CITY CLERKS OFFICE
CITY OF REDLANDS
P 0 BOX 3005
REDLANDS CA 92373
AVIGATION EASEMENT
Roberto Alvarez,(hereinafter called"Grantor")is the owner in fee of certain real property located in
an unincorporated area, 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 shook 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 nin 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
lAcaNdJrn\AgTcernen1s\Avigation l'asernent-Roberto Alvarez.doc
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 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
pen-nit 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,stricture,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.
This Avigation Easement constitutes an enforceable restriction pursuant to the provisions of
California law,including,but not limited to,Section 21652 of the California Public Utilities Code,and shall
bind Grantor,and the heirs,agents,successors and assigns of Grantor,and each and all of them,and shall be
appurtenant to, and for the benefit of the Dominant,which is more particularly described in Exhibit"A",
attached hereto.
In the event that any one or more covenant, condition, right or other provision contained in this
Avigation Easement is held to be invalid,void or illegal by any court of competent jurisdictions,the same
shall be deemed severable from the remainder of this Avigation Easement and shall in no way affect,impair,
or invalidate any other covenant,condition,right or other provision contained in this Avigation Easement.
Se _�crnb-cd
Executed this day of A*9,2014.
GRANTOR •<-:,, BUM DE.CAMM MWAL
No. mw
NOTARY PUSLIC•CALIFORNIA 4
SAN BERNARDINO COUNTY
MY C -m Expires JUNE 7.2017
Roberto Alvarez .� .�.
PLEASE SIGN AND ACKNOWLEDGE THIS INSTRUMENT BEFORE A NOTARY PUBLIC.
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y Commission No. W27067
NOTARY PUBLIC-CALIFORNIA
' SAN BERNARDINO COUNTY
e S
My Comm Expires JUNE 7,2017
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of San Bemar6no
()o September , 2014 before tie, Deyra lel Carmen Arevalo, Notary Public
tI lere insert naarzae and title of the officeff
personally appeared Roberto Alvarez
x�ho proved to seta on the basis of satisfactory evidence to be the perscfr hose n ie is, sit scri ed to
l
theNvithirl instrument and acknowledged to m that le executed the same in is a authorized
eapacity ` ted that y s natur0s)on the instrument the personH,, r the entity up behalf of
x�lhieh the personfq acted, executed the instrument,
g
I certlfv wider Pf"1NAI-T Y OF PERJURY under the laws of the Mate of California that the foregoing paragraph
is true and correct':
„ DL V
N '`T_I-NI-_ m hand, nd official scala n No, 2027W
lit 1*01ARY FUSLIC-CALOCOM
M BERMIRDIND cowry
,tjComm Ewpusta JUNE i, #'t
at€v;nature caf' at l 'bi "
ADDITIONAL T INFORMATION
INSTRUCTIONS FOR COMPLETING THIS FORM
fret sresim,,aaslecl:smeni completed in Californiainu"st contain verbiage exactly era
DESCRIPTION�;C'tF IP i'F( F THE ATTACHED f CbEIF t [ C[ll'II. w appears above in tire no avy section or as.sr>ltcrrate€aesto ailecibrn nt filers musi be
ppoperlt• completed and attached to that d aa.aonent. The onit, erccelinon is p`a
Title or description &'k-ument as to he recorded scursule CSC altornraa. 1n s ch insaatrces, aaiev alternative
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:docrini ni c areBa�4sor trrespef nolcartfial is ora ing asul attach thisfi rinff r°equirecl.
t I'iflc or description stl attached document continued) ..
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Number of Pus Document Date & State and Counts,inf+zrnaati€n most he the State and Count-, rrhere the document
Awer(,$)iserso had IN apps aarcd before the notaarl puIsIic:for aatkn tttledginerst:
0 Date of notarisation trust he the date that ilia siduners l personalIN appeared which
mustalis)be the sime data:the acknoslledtaricnt as conipietaed,
I\dditissnal snforrtsaltonj * '[lie notan public must'print his or }ler name as it appears tsithm his or her
c€n aattssistn followed by a cornniaa and then your title tnotar4 public).
* Print the narncl:st of document sipncr o ti ho persaraalfN appear at [lie titers° of
notarization
C A PA C IT Y C LA I M FD BY T[ SIG NE R - Indicate the:corrsct singular est i l anal forms b% €:tcssaatsp€tf3`incorrect Rains 6 c;
Individual(s) Ish "-is, i or csrchm,silo;correct forms,Failure to anvirctla, indicate this
inforniation tom lead to rejection of document recording.
Corporate to Off cer 't he nota€-, seal impression must be clear and photographically reproducible
Impression nnust not ewer test or Cines It'scsatl impression smudges,les, re-wal if as
l sales sufficient area pernots.cruicrocise complete tat different ackritas ledginent farm
Partner(s) Soinaturc(if the notar, public must match fire signature can file tsith the:office of
t`sttt t"P1s 4-i tt-I' €t the ca umN clerk.
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+Wdditiovn l saafo malion is not required but could help to ensure this
Trustee(s)) ackrisnsferburient is net misused or attached E2 a different document.
t)t}1Cp 'n Indicate title or type cat attached docttmcrt,number of pages and date.
- _. . ........ .... _ 4. Indicate(lie caapaiaita claimed It, the.signer If'the churned caa €scits, is a
corporate officer,indicate the tide tiic (1:0,cfoStereo*I
m `ccs refN attach this docurneth to the sianed document
'tr uA Version t 'situ s 12 10 dt'T ftt&a" 9'7 a-ow; min,
CERTIFICATE OF ACCEPTANCE
This is to certi� that the interest in real property conveyed to the City of Redlands Mated
from Roberto Alvarez is hereby accepted and the Grantee consents to recordation thereof"b its
duly authorizedofficer, M.
Dated. d '
P . Enrique i ;Cit; Manager I
I:'cddjna 1x rccnicn#s° mi ation Eatscn'tetit-Roberto AIvnrcz:do
CLIA Guarantee Form No.22(Revised 09-12-08)
EKHIBfT A
REF.NO.10-92303 LEGAL DESCRIPTION
LOT 3 OF TRACT NO.2840,IN THE COUNTY OF SAN BERNARDINO.STATE OF
CALIFORNIA,AS PER MAP RECORDED IN BOOK 39,PAGE 19 OF MAPS,IN THE
OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY,STATE OF
CALIFORNIA