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Home My WebLink AboutDeeds & Easements-2-2002E_CCv0001.pdf Count of d in ff ecords San cBeernardino, LaarryRWalker, Recorder Doc No . 20020056531 12 . 3pm 02/04102 RECORDING REQUESTED BY: � � `4�i11 F � � PUBLIC WORKS DEPARTMENT CITY OF REDLANDS WHEN RECORDED,RETURN TO: CITY CLERK'S OFFICE CITY OF REDLANDS 1 2 3 F 4 5 6 7f- -LE Ap P O BOX 3005 PO_ EEE I APE DIMS PN CPY I CRT CPY ADD NM PEN PR PCOR REDLANDS CA 92373 5 NON ST LN SVY CIT CO I TRANS TAX DA I CNRO EXAM AVIGATION EASEMENT WHEREAS, �,yte� t6 .,,,, , 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: Tract. 16101 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 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 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 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. 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 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. 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 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 10th day Of December . 2001. GRANTOR C_ 6 P-1 Michael J White Authorized Representative PLEASE SIGN AND ACKNOWLEDGE THIS INSTRUMENT BEFORE A NOTARY PUBLIC. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT KmsAli : = �. . State of California tt} € ss. County of � - - 0n,k-mbcl/' ib before me, Ap A date Name and Title of Office,(e.g..' e^oe,Notary Puri" personally appeared Names)of Signer(s3 personally known to me proved to me on the basis of satisfactory evidence - - to be the person(s) whose name(s) isfefe-- agNE J,C subscribed to the within instrument and rr ,r ar t3122 acknowledged to me that hefs y executed -- Z 1 a _' +Is the same in hisftrer th6ir authorized �rver "de o capacity(les), and that by histhertttte-r �.. My Comm.P Jul 6,2005 signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ' WITNESS my hand and official seal_ ' el Place Notary Seal Abeve � - .. Signature of N Pudic OPTIONAL c5 Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. ' Description of Attached Document ? Title or Type of Document: Document Date: _ Number of Pages: �S Signers',Other Than hawed Above: Capacity(lies) Claimed by Signer Signer's dame:�.__---- . .._. ....._ ..._......... ... ......., ............. _. ... .. .._. .._- ' ta Individual cv 3l..-ull-_ ,,– Corporate Officer—Title(s1 ........_. ! Partner— Limited General _. Attorney in Fact L Trustee Guar iant or Conservator L Ofher; S gner Is Representing: _.__...._ _. ,.... ,...__ . ......._ _. ._..____. ............... ............ .. ..... d 1999 Namnal Notary A-sawation-9350 De Soto Ara.,P0,Boz 2402-Chatswonh CA 91313-2402•v ,,,naticralnotary.mg Prod,No.5907 Reorder-Cale 1311-Free 1-SM-676-6827 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property, described as Tract 16101 on the Avigation Easement to the City of Redlands from Standard Pacific Corporation dated December 10, 2001, is hereby accepted and the Grantee consents to recordation thereof by its duly authorized officer. • Date: December 14, 2001 Joh4tso&n, Ci Manager