HomeMy WebLinkAboutDeeds & Easements-30-2004E_CCv0001.pdf Recorded in Official Records.County of San Bernardino 1211612004
LARRY WALKER LMJ MJ �m
Auditor/Controller — Recorder
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RECORDING REQUESTED BY AND R Regular Mail
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Doc#; 2004-0929475 Titles: 1 Pages: 4
WHEN RECORDED,RETURN TO: Fees 0.00
CITY CLERK'S OFFICE Taxes 0.00
CITY OF REDLANDS Other 0.00
P O BOX 3005 PAID `&0.00
REDLANDS CA 92373
(THIS SPACE FOR RECORDER'S USE ONLY)
AVIGATION EASEMENT FEE'S Ot REQUIRED
PER GOVERNMENT CODE
SECTION 5103
Slay D Limit 1 Real Estate, 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 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 an;, nn?ratinnai
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,
fael pa—M les, smoke, light, thermal wave`, air qu lhy e langes and c ulcr results ita said airspacC: that i-nay
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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
F:ldjrn\Agreernents\Avigatian Easernentmpd 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 orpersonal,(whetherthose
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 hereingranted,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 N day of t A ---,'NQO:
GRANTOR
J0 V Fruhn
PLEASE SIGN AND ACKNOWLEDGE THIS INSTRUMENT BEFORE A NOTARY PUBLIC.
F:\djm\Agreements\Avigation Easement.wpd 2
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
x Stare of California
as. ;
County of
en
On AJC +,rrw 2004 before me, c
Data Name and Title of officer(e.g.,"Jane Doe,Note Public")
personally appeared
Name(s)of Signer(s)
;/proved to me on the basis of satisfactory
evidence
to be the personX whose name isf
subscribed to the within instrument and
acknowledged to me that hefty executedr
the same in hislki�r authorized
capacity(i s -,, and that by hisf r`J;reire?li
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signature `on the instrument the person(W or
the entity upon behalf of which the person,,
4EtE � acted, executed the instrument.
Commission#1344759
Notary Public_tstiftwWa WITNESS my hand and official seal.
Riverside Cour
My C0M%E)pMR*28,2W6
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OPTIONAL �
Tnough the ioforrnation below is not required bylaw it may prove valuable to persons relying on the document and could prevent
trardou#ent;emoval and reattachment of this form to another document.
Description of Attached Document
4'.
is Title or Type of Document:
Document date: ® dumber of Pages:
2 Signer(s)Other Than Named Above
'a
t
Cepecity(ies) Claimed by Signer
Signer's Name:
Individual
Top or m.amb here ,
L] Corporate Officer—Title(s):
Partner . E-, Limited C: General
LJ Attorney)n Fact
Trustee
Guardian or Consemrator
Other:
Signer Is Representing:
.' 1999 Nshc ia! 9M0 De Sato Ave-Po.Sex 240: Chmo vvm, Pro-No.5=07 Roo der:Cal'-fol!-Fre-1-6M-876-6827
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed to the City of Redlands
dated November 18, 2004, from Sky D Limit 1 Real Estate, Inc. is hereby accepted
and the Grantee consents to recordation thereof by its duly authorized officer.
-/� , -1 Date: December 13, 2004
J n D qVv idson, 'ity Manager