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Home My WebLink AboutDeeds & Easements_09-2025ERECORDING REQUESTED BY CITY OF REDLANDS AND WHEN RECORDED MAIL DOCUMENT TO: City Clerk, City of Redlands STRSTEEEf EV P.O. BOX 3005 ;:; ;;;"• Redlands, CA 92373 FEES NOT REQUIRED PER GOVERNMENT CODE SECTION 6103 i Electronically Recorded In Official Records San Bernardino County Assessor -Recorder -County Clerk DOC# 2025-0273452 IV0912025 Titles:1 Pages:7 08:25 AM SAN Fees $0.00 Taxes $0.00 J9534 CA SB2 Fee $0.00 Total $0.00 SPACE ABOVE FOR RECORDER-S USE ONLy Declaration of Covenants. Conditions and Restrictions Title of Document 10 j THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) 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 MGCH, LLC, a California Limited Liability Company, 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 Airportwill 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 djmlagreel Declaration of Covenant and Waiver 6-14-06 1 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 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 Owner: MGC�fi L"C a California Limited Liability Company Name: Mike Guardian Title: Authorized Signer Date: j/I S-- 25 (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 ALL CAPACITY ACKNOWLEDGEMENT 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 Q A L (FD Rn((a COUNTY OF Sf�N Rj22_rU -l_) (A/0 On NoUg-m,8yA-4- D,5 before me, ', E SCUf3 DI5 , A�Drlw y OL-A l(C (Date) (Name and title f officer) personally appeared M ( K6 & u.A rLT)l f1lN (Name of person signing) who provided 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/herAheir authorized capacity(ies} and that by his/he(/their signature(.4 on the instrument the person(s),� or the entity upon behalf of which the person(s) acted, executed the instrument. 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. a`Amc" .escoeeoodAM. p4a90zb9OMry RUG'F- CiNa52 �+?9ERNARcXtio CUUNTY Lri,- wnm.E IreeMAR.1- Signature of officer (Seal) djm\agree\ Declaration of Covenant and Waiver 6-14-06 *:C 11.1 i r_1 LEGAL DESCRIPTION FOR THE SUBJECT PROPERTY For APN/Parcel H)(s): 0168-081-21-0000 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: A PORTION OF THE NORTH 1/2 OF THE WEST 1/2 OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 13, TOWNSHIP 1 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL MAP OF SAID LAND APPROVED BY THE SURVEYOR GENERAL DATED SEPTEMBER 4, 1858, IN THE IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING 653.28 FEET WEST OF THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION; THENCE SOUTH 30 FEET FOR A POINT OF BEGINNING; THENCE SOUTH 126 FEET; THENCE EAST 143 FEET; THENCE NORTH 126 FEET; THENCE WEST 143 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE SOUTH 50 FEET OF THE EAST 83 FEET. For APN/Parcel ID(s): 0168-081-19-0000 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: THE SOUTH 50 FEET OF THE EAST 83 FEET OF THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF THE NORTH 1/2 OF THE WEST 1/2 OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 13, TOWNSHIP 1 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND APPROVED BY THE SURVEYOR GENERAL, DATED SEPTEMBER 4, 1858, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING 653.28 FEET WEST OF THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION: THENCE SOUTH 30 FEET FOR A POINT OF BEGINNING; THENCE SOUTH 126 FEET; THENCE EAST 143 FEET; THENCE NORTH 126 FEET; THENCE WEST 143 FEET TO THE POINT OF BEGINNING. djmlagree\ Declaration of Covenant and Waiver 6-14-06