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HomeMy WebLinkAboutDeeds & Easements_20-2021E0 Electronically Recorded in Official Records San Bernardino County Bob Dutton Assessor Recorder County Clerk RECORDING REQUESTED BY AND WHEN RECORDED, RETURN TO CITY CLERK'S OFFICE CITY OF REDLANDS P 0 BOX 3005 REDLANDS CA 92373 DOC# 2021-0566839 12/20/2021 Titles 1 Pages 6 02 01 PM SAN Fees $0 00 Taxes $0.00 B9246 CA SB2 Fee $0.00 Total $0 00 (THIS SPACE FOR RECORDER'S USE ONLY) FEES NOT REQUIRED PER GOVERNMENT CODE SECTION 6103 AVIGATION EASEMENT The Housing Authority of the County of San Bernardino, ("Grantor") is the owner in fee of certain real property located in the City of Redlands, County of San Bernardino, State of California, which is more particularly described on Exhibit "A" and as shown on Exhibit "B", attached hereto and incorporated herein by this reference (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 ("Grantee"), and its successors, assigns, lessees, sub -lessees, licensees and invitees, for the use and benefit of the public, an avigation easement appurtenant to the Redlands Municipal Airport (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 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 run with the land Grantor, for itself, and 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, and 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 1 C \Users\cguevara\AppData\Local\Microsoft\Wmdows\INetCache\Content Outlook\QJV8OVOX\Avigation Easement Clean Copy doc\ DOC #2021-0566839 Page 2 of 6 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 bamers, establishing curfews, noise or by enacting other regulations Grantor acknowledges and agrees that this waiver applies to all claims for injunes, 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 permit the construction or growth of any structure, tree or other object that obstructs or interferes with the use of the nghts herein granted, or that creates electrical interference with radio commumcation 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 fight 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 nght of ingress to, egress from and passage over and within the Servient Tenement for the purpose of accomplishing such marking and lighting 1^ a0r� Executed this day of 1 e C b{ , 20XX GRANTOR Housing Authonty of the County of San Bernardino, By Maria Razo, Executive Director PLEASE SIGN AND ACKNOWLEDGE THIS INSTRUMENT BEFORE A NOTARY PUBLIC 2 C \Users\cguevara\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\QJV8OVOX\Avigation Easement Clean Copy doc\ DOC #2021-0566839 Page 3 of 6 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document State of California 3nia County of `fi�Z 3,CKNoIOU/t 0 On OeLC-W\be\ t 4, a2oZ\ before me, Date personally appeared C 2_O \f0oCICA Ai6A-CkV) , Here Insert Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence 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 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted executed the instrument z CHRISTINE GUEVARA Notary Public California San Bernardino County Commission # 2374545 My Conn Expires Sep 10 2025 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal Signature Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document Document Date Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer s Name ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee 0 Guardian or Conservator ❑ Other Signer is Representing Signer s Name ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited 0 General ❑ Individual 0 Attorney in Fact ❑ Trustee 0 Guardian or Conservator ❑ Other Signer is Representing ©2019 National Notary Association DOC #2021-0566839 Page 4 of 6 CERTIFICATE OF ACCEPTANCE. This is to Certify that the interest in real property conveyed by the Grant Deed dated 12_`0f Z 1 , byHousIng Authority San Bernardino Counts hereby accepted by the undersigned officer or agent on behalf of the CityCouncil of the City of Redlands pursuant to the authority conferred by Resolution g No. 6756 of the City Council of the City of Redlands adopted on September 3, 2008 and the grantee consents to recordation thereof by its duly authorized officer. Dated Attest 1(0 ,,ititttct. I Wittda--/ Charles Add. Duggan k..MJ I CE M LC 0 N J EL �. kts11 City Manager, City of Redlands nne Donaldson, City Clerk 3 CAUserslacollettWppDatalLocal\MicrosoAlWinclowsllNetCaehe\Content.0utlook\DK2EYAW31Aviganon Easement Clean Copy.docl DOC #2021-0566839 Page 5 of 6 Sheet 1 of 1 Exhibit "A" Legal Description That portion of Lots 1 and 2 of Tract No 6414, per Plat recorded in Book 80 of Maps, Pages 32 and 33, in the office of the County Recorder of San Bernardino County, California, together with that portion of Delaware Avenue and Sharon Road, Vacated by the City Council of the City of Redlands per Resolution No 6873, a certified copy of which is recorded August 13, 2009, as Instrument No 2009-0356910, of Official Records, lying Northerly of the Southeast quarter of the Southwest quarter of the Northeast quarter of Section 22, Township 1 South, Range 3 West, San Bernardino Base and Meridian, more particularly described as follows BEGINNING at the Northeast corner of said Lot 1, THENCE Westerly along the Northerly line of said Lot 1 South 89°37'40" West 329 68 feet to the Westerly line of said Lot 1, THENCE Southerly along said Westerly line South 00°00'45" West 176 00 feet to the Northerly line of said Southeast quarter of the Southwest quarter of the Northeast quarter of Section 22, THENCE Easterly along said Northerly line North 89°37'40" East 329 66 feet to the Easterly line of said Lot 1, said line also being the Easterly line of the Southwest quarter of the Northeast quarter of Section 22, THENCE Northerly along the Easterly line of said Lot 1 to the POINT OF BEGINNING (Containing 1 332 Acres, or 58,021 square feet, more or Tess ) Exhibit "B", Attached hereto and made a part hereof This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors' Act 1;12\--- K ING'' ( 12/09/2021 Brian K Mickelson, P L S 7320 Date DOC #2021-0566839 Page 6 of 6 EXHIBIT "B" SKETCH TO ACCOMPANY LEGAL DESCRIPTION (N89°37'40 E 329 68') N.E. QUARTER, QUARTER, NE.a SAN. ARIER, QUARTER, ION SE S g.M� WESTERLY LINE LOT 1, TR No 6414 SIXTH STREET DELAWARE LANE (VACATED) LOT 2 0 0 W in 0 0 0 z LOT 1 NORTHEAST CORNER LOT 1 TR No 6414 POINT OF BEGINNING EASEMENT AREA z z /z LOT 2 \ \ , NORTHERLY LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER, SECTION 22 S B M TRACT NO. 6414 MB 80/32-33 RTER, s W, a S.E.QU �RTER, QUARTER, NE.QTtON22, SE M. S• NOTE BEARINGS AND DISTANCES SHOWN IN PARENTHESES (XX) HEREON I LOT 3 ARE RECORD DATA PER TRACT NO 6414 BOOK 80, PAGES 32-33 RECORDS OF / SAN BERNARDINO COUNTY / SHARON ROAD — — — — — (VACATED) 7 LOT 1 0 LO LUGONIA (N89 37 40"E 329 66') I I I Q I wO I I° 0I 10 1 0 1 I S I I "' EASTERLY LINE LOT 1, I I TR No 6414 1 I 1 \ 11 SCALE 1" = 100' 0 50 100 AVENUE LOT 1 LO 200 (N00`01'00"E 1 176.00') 0 0 0 x r z O N 0 0 uJ w i t-- w w o � 0 O o> is oN 0 O (NIO 0 0 � N Z O ON i- o 0 0) E -o 0. zc °0 00 ow D 3 C7Q DAVID EVANS AND ASSOCIATES 'No 4141 Inland Empire Blvd, Ste 250 Ontario California 91764 Phone 909 481 5750 Job Number ONYX0000-0001 DATE 12/09/2021 SCALE 1" = 100' SHEET 1 OF 1 SHEET