HomeMy WebLinkAboutDeeds & Easements_02-2025EElectronically
Recorded in Official Records
San Bernardino County
Assessor -Recorder County Clerk
DOC# 2025-0099985
05/01/2025
Titles:1 Pages:7
04:30 PM
SAN
Fees
$44.00
Taxes
$0.00
J5842
CA S132 Fee
$75.00
Total
$119.00
SPACE ABOVE FOR RECORDER'S USE ONLY
Declaration of Covenants, Conditions and Restrictions
Title of Document
RECORDING REQUESTED BY
CITY OF REDLANDS
AND WHEN RECORDED MAIL DOCUMENT TO:
NAME City Clerk, City of Redlands
STREET
ADDRESS
P.O. BOX 3005
CITY, ST TF&
Redlands, CA 92373
ZIP
TH
i 0
DOC #2025-0099985 Page 2 of 7
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF REDLANDS
P.O. BOX 3005
REDLANDS, CA. 92373
( FOR RECORDER'S USE ONLY)
DECLARATION OF COVENANT AND WAIVER
KL LB BUY 2 LLC, A DELAWARE LIMITED LIABILITY CO., being the record owner
in fee simple of certain real property located in the City of Redlands, California, and more
particularly described in Exhibit "A," which is attached hereto and incorporated herein by
this reference (the "Property"), acknowledges and declares that:
1. The Property is located in the proximity of the Redlands Municipal Airport, as
it now exists, or is planned to be hereafter expanded or developed (the "Airport");
2. A single runway is in operation at the Airport at the time of execution of this
instrument.
3. Aircraft operating on, approaching and departing from the Airport will generate
noise which may be heard on the Property, and will fly over or near the Property which
noise and activity is now existing, and may increase in the future because of increased
flight activity at the Airport (collectively "Aircraft Activity")
4. The undersigned desires that all persons hereafter residing on, visiting or
otherwise occupying the Property be placed on notice that the Property is in the proximity
djm\agree\ Declaration of Covenant and Waiver 6-14-06 1
DOC #2025-0099985 Page 3 of 7
of the Airport, and of the expected occurrence of Aircraft Activity on the Airport, and near
and over the Property.
5. For good and sufficient consideration, the receipt and adequacy of which is
hereby acknowledged, the undersigned hereby covenants and declares that the
undersigned, and the successors, assigns, licenses, invitees, and tenants of the
undersigned (hereinafter "the Persons Bound") expressly waive all their respective rights to
assert against or join in any claim, administrative proceeding, lawsuit, or other cause of
action that may for any reason arise in the future against the Airport, the City of Redlands,
the Airport and the City of Redlands' assignees and successors in interest, the operators
and owners of aircraft lawfully using the Airport, and in the case of the aforementioned
private companies and public agencies, their respective elected officials, officers, directors,
employees, and agents (collectively "the Benefitted Parties") for any inverse condemnation,
damages, aircraft noise (including, without limitation, noise produced by aircraft located on
the Airport, approaching the Airport for landing, or departing from the Airport), nuisance or
other action of any nature whatsoever arising out of, or related to, Aircraft Activity in the
proximity of the Property or near or over the Property. This Declaration shall not be
construed to bar any of the Persons Bound from any claims against any person or entity for
personal injury or property damage caused by, or resulting from, negligent operation of any
aircraft, or for use of airspace in a manner violative of applicable federal laws and
regulations.
6. The City may record this Declaration of Covenant and Waiver affecting the
Property in the official records of the County Recorder for San Bernardino County. When
recorded, each provision of this Declaration shall run with the Property, and shall be
binding upon all owners, tenants, invitees and occupants thereof, and their heirs,
successors and assigns. The acceptance by any person of any right of use, deed, lease,
mortgage or other interest in or privilege pertaining to the Property whatsoever shall
constitute acknowledgment and acceptance of the terms of this Declaration and the binding
effects hereof.
djmlagreel Declaration of Covenant and Waiver 6-14-06 2
DOC #2025-0099985 Page 4 of 7
7. This Declaration of Covenant and Waiver shall bind the undersigned, and the
undersigned's successors and assigns (individuals, corporations and other entities) and
grantees and tenants thereof. The acceptance by any person or entity of any conveyance
of any interest in the Property shall constitute acknowledgment of the terms of this
Declaration and agreement to be bound by this Declaration.
8. The undersigned waives any and all rights the undersigned may have
pursuant to California Civil Code section 1542 which states:
"A general release does not extend to claims that the creditor
or releasing party does not know or suspect to exist in his or her favor
at the time of executing the release, and that, if known by him or her,
would have materially affected his or her settlement with the debtor or
released party
9. In the event any action is commenced to enforce or interpret any of the terms
or conditions of this Declaration of Covenant and Waiver the prevailing party in such action,
in addition to recovery of its costs and other relief, shall be entitled to the recovery of its
reasonable attorneys' fees.
This Declaration of Covenant and Waiver shall be a covenant running with the Property and
shall inure to the benefit of the Benefitted Parties, their successors and assigns.
djm\agree\ Declaration of Covenant and Waiver 6-14-06 3
DOC #2025-0099985 Page 5 of 7
Owner: KL LB BUY 2 Lj,C, A
By:
Name: Ed Hadley
Title: Authorized Signatory
Date: April 29, 2025
WARE LIMITED LIABILITY CO.
(Notary attachment and proof of authorization
for Owner's signature required and must be
attached)
djm\agree\ Declaration of Covenant and Waiver 6-14-06 4
DOC #2025-0099985 Page 6 of 7
KL LB BUY 2 LLC— Redlands 98 —City of Redlands Declaration of Covenant and Waiver
'Notary Page
STATE OF ARIZONA
COUNTY OF MARICOPA
I, Julie Gillett, a Notary Public in and for the County and State aforesaid, do hereby certify that Ed
Hadley, Authorized Signatory of KL LB BUY 2 LLC, personally appeared before me this day and
acknowledged that due execution of the foregoing instrument on behalf of the limited liability
company.
Witness my hand and seal the 29th day of April , 2025.
Notary Public
.NJl.IE GILLET'r
*by Public - %* a,4iMW
MARICOPACOUNw My Commission Expires: 08/05/2026
Commission 0 635441
Expkes August 05. 2026
DOC #2025-0099985 Page 7 of 7
EXHIBIT A
LEGAL DESCRIPTION
FOR THE SUBJECT PROPERTY
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF
REDLANDS, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,
AND IS DESCRIBED AS FOLLOWS:
LOT 1 OF TRACT NO. 2383, IN THE CITY OF REDLANDS, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 34,
PAGE I I OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
APN 0168-132-05-0000
djm\agree\ Declaration of Covenant and Waiver 6-14-06 6