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HomeMy WebLinkAboutDeeds & Easements-9-2005E_CCv0001.pdf 05 Recorded In OIIlciPA Records, founty of San Bernardino 4: 222PM a LARRY WALKER MA .sir Auditor/Controller - Recorder RECORDING REQUESTED BY AND P Counter dW Titles: 1 Pages: 9 WHEN RECORDED,RETURN TO: Doc#: 2005-0254414 Fees 0.00 CITY CLERK'S OFFICE saxes 9,00 CITY OF REDLANDS other 0.00 P O BOX 3005 PAID s9.e0 REDLANDS CA 92373 (THIS SPACE FOR RECORDER'S USE ONLY) AVIGATION EASEMENT Ryland Homes of California, Inc. (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 cr dc-signed fur navigation of, or flight in, she 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 shal I 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 fiiture ag-inst G w^tee,its su;,�.;cssors 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 P jm\Agreements\Avigation F.asement.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 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 day of—Le—1_)V� 20,'05 . GRANTOR RYLAND HOMES OF CALIFORNIA, 'INC. Scott MCKhann, vice President PLEASE SIGN AND ACKNOWLEDGE THIS INSTRUMENT BEFORE A NOTARY PUBLIC. F:\djm\Agreements\Avigation Easement,wpd 2 e 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ?i�$ o x State of California ss. County of i 1 r riefore me ' . . g$pp'""qq '^� Name and Title of officer(.g.,"Jane Coe,Notary ublic' personally pp Date • ., i ersonaN a eared �,°� � — �—•—__-, Narne(s)of s,(a+aer{s) is ersonally known to me ' proved to me on the basis of satisfactory I evidence T to be the person(s) whose name(s) is/are = subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their A REM LYM&W signature(s)on the instrument the perso (s}, or n72 - the entity upon behalf of which the person(s) I acted, executed the instrument, t t z rn, - Aug 1 ..2008 WITNESS my Band and officialseal. Smnat,�re +Notary uk Z 4 l`y S J OPTIONAL Though Me rnfcrmation below is not required bylaw,it may prove valuable to persons retying on the document and could po-rVot fraudulent removal and reattachment of this form to another document. } Description of Attached Document ?;: Title or Type of Document:-_ iii Document Date:_ J__—_-- Number of Pages:---___--- Signers)Other Than Named Above:------__-- -- - Capacity(ies) Maimed by Signer i Signer's Name.-.__---- ' i Individual i lop of ti•f;mt,h,e ' LJ Corporate Officer -Title(s) --------- -- - - ._. ... . - - - - - ------ [...I Partner - 1 Limited l General Attorney-in-Fact w< Trustee Guardian or Conservator Other:21 Signer Is Representing: --___ '-38 ..�t.c.r 3i:a.-:<t f-�,;-�f#c z _3.;v�e Sal rva..F.J o tag<•tit s. r'rc--^ ,.v_».. ,va, ,.t c� i.r�,-pry ?r� ,r�}F,7 R-ordee Ca c fire_1 r10C 8,&6S, CERTIFICATE OF ACCEPTANCE: This is to certify that the interest in real property conveyed to the City of Redlands dated from Hyland Hames of California, Inc. is hereby accepted and the Grantee consents to recordation thereof by its duly authorized officer. Dated: J-4 (!y anager, ity of Redlands FAdjm\Agreements\Avigaticm Easement,wpd 3 EXHIBIT A LEGAL DESCRIPTION The land referred to herein is situated in the State of California, County of San Bernardino, City of Redlands, described as follows: Parcel A (APN 0168-061-02): That certain real property located in the City of Redlands, County of San Bernardino, State of California, and more particularly described as follows: A portion of Section 14, Township I South, Range 3 West, San Bernardino Base and Meridian, in the City of Redlands, County of San Bernardino, State of California, more particularly described as follows: The East l2 of the West '/2 of the Southwest '/4 of Southeast Ifo and the West 4 feet of the West '/2 of the East 'l of the Southwest '/4 of the Southeast 1/4 of Section 14, Township I South, Range 3 West, San Bernardino Base and Meridian, in the County of San Bernardino, State of California, excepting the West 10 feet of the East 1/2 of the West 1/2 of the West 1/2 of the Southwest 1//4 of the Southeast 1/4 of said Section 14, in the City of Redlands, according to the government survey. And excepting therefrom any portion lying within streets and highways. Parcel B (APN 0168-061-03): That certain real property located in the City of Redlands. County of San Bernardino., State of California, and more particularly described as follows: Parcel No. 1: The North V2of the West '/2 of the East '/2 of the Southwest '/4 of the Southeast '/4 of Section 14, Township I South, Range 3 West, San Bernardino Base and Meridian, in the City of Redlands, County of San Bernardino, State of California, according to government survey. SAVING AND EXCEPTING from the above described property any portion in Pioneer Avenue. Parcel No. 2: The right to use pipe lines across and over the South !/2of the West '/2of the East �f, of Southwest 1/4of the Southeast '/4 of Section 14, Township I South, Range 3 West, San Bernardino Base and Meridian, in the City of Redlands, County of San Bernardino, State of California, according to government survey. EXCEPT the East 8 feet and the West 4 feet thereof, as such pipe lines now exist, or as such pipe lines that may be constructed or replaced in the future for the purpose of conveying irrigating water from the pipe line on San Bernardino Avenue to Parcel I described herein. Parcel C (APN 0168-061-09): The South 1/2 of the West 1/2 of the East V2 of the Southwest '/4 of Section 14, Township I South, Range 3 West, San Bernardino Meridian according to the official plat thereof. EXCEPT THEREFROM the East 8 feet and the West 4 feet thereof. t"-!'n N 01m Z m n 17 N 12 11 10 9 8 7 6 5 4 3 2 1 cn I t C LLOT c I p z 1I Ln — _ __ _, - - - - m Cao 13 X Ay� — — — ... � _ — Q 14 �42 � FF 3 © , 1 41 40 39 8 3 37 ( 36 1 35 ( 1 15 43 33 m E - - q m 1 16 t 44 _ 32 1 46 47 ( 48 t 49 ( 50 1 51 1 52 M17 45 1 r ( 31 3 c m 1.0:o c� is 19 20 21 22 23 24 25 26 28 29 30 M N 0 zIz m M - 0 3 SCALE*1'-100' 0 . 100 200 300 EXHIBIT A LEGAL DESCRIPTION The land referred to herein is situated in the State of California, County of San Bernardino, City of Redlands, described as follows: Parcel A (APN 0168-061-02): That certain real property located in the City of Redlands, County of San Bernardino, State of California, and more particularly described as follows: A portion of Section 14, Township 1 South, Range 3 West, San Bernardino Base and Meridian, in the City of Redlands, County of San Bernardino, State of California, more particularly described as follows: The East 1/2 of the West 1/2 of the Southwest 1/ of Southeast 1/ and the West 4 feet of the West 1/2 of the East '12 of the Southwest 1/ of the Southeast 1/ of Section 14, Township 1 South, Range 3 West, San Bernardino Base and Meridian, in the County of San Bernardino, State of California, excepting the West 10 feet of the East l2 of the West 1/2 of the West 1/2 of the Southwest 11 of the Southeast % of said Section 14, in the City of Redlands, according to the government survey. And excepting therefrom any portion lying within streets and highways. Parcel B (APN 0168-061-03): That certain real property located in the City of Redlands, County of San Bernardino, State of California, and more particularly described as follows: Parcel No. 1: The North %2 of the West /2 of the East 1/2 of the Southwest 1l of the Southeast 1l of Section 14, Township 1 South, Range 3 West, San Bernardino Base and Meridian, in the City of Redlands, County of San Bernardino, State of California, according to government survey. SAVING AND EXCEPTING from the above described property and portion in Pioneer Street. Parcel No. 2: The right to use pipe lines across and over the South 12 of the West 1f2 of the East I2 of Southwest 1l of the Southeast 11 of Section 14, Township 1 South, Range 3 West, San Bernardino Base and Meridian, in the City of Redlands, County of San Bernardino, State of California, according to government survey. EXCEPT the East 8 feet and the West 4 feet thereof, as such pipe lines now exist, or as such pipe lines that may be constructed or replaced in the future for the purpose of conveying irrigating water from the pipe line on San Bernardino Avenue to Parcel I described herein. Parcel C (APN 0618-061-09): The South V2 of the West V2 of the East V2 of the Southwest 1/4 of Section 14, Township I South, Range 3 West, San Bernardino Meridian according to the official plat thereof. EXCEPT THEREFROM the East 8 feet and the West 4 feet thereof