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HomeMy WebLinkAboutDeeds & Easements_11-2026ERECORDING REQUESTED BY CITY OF REDLANDS AND WHEN RECORDED ;MAIL DOCUMENT TO: CITY CLERK'S OFFICE CITY OF REDLANDS P. O. BOX 3005 REDLANDS CA 92373 FEES NOT REQUIRED PER GOVERNMENT CODE SECTION 6103 Electronically Recorded in Official Records San Bernardino County Assessor -Recorder -County Clerk DOC# 2026-0195349 07/30/2026 Titles:1 Pages:6 08:00 AM SAN Fees $0.00 Taxes $0.00 C5032 CA SB2 Fee $0.00 Total $0.00 SPACE ABOVE FOR RECORDER'S USE ONLY AVIGATION EASEMENT The Holy Name of Jesus Catholic Community, 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" and shown on Exhibit `B" 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 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, 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, 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 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 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 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 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 day of L4 AeL , 2025. GRANTOR The Holy Name of Jesus Catholic Community, Inc. I L �41 Rev. Erik Esparza PLEASE SIGN AND ACKNOWLEDGE THIS INSTRUMENT BEFORE A NOTARY PUBLIC. H H CALIFORNIA ALL-PURPOSE 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 COUNTY OF SAN BERNARDINO On JUNE 5, 206, before me, L.E. QUESADA PRECIADO, Notary Public, personally appeared ERIK ESPARZA, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person 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. N toE. y Public - CalifPRECA00 Notary Pubiic � California *my San Bernardino County Commission N 2539842 Comm. Expires Dec 22, 2029 Signature: �'�' (This area for Official Notary Seal) OPTIONAL************�************************ Though the information below is not required by law, it may prove valuable to person 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: AVIGATION EASEMENT Document Date: JUNE 5, 2026 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner -- ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Signer is Representing: Right Thumbprint Number of Pages: FIVE 5 Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner -- ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Signer is Representing: Right Thumbprint EXHIBIT "A" THE WEST 1/2 OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 24, TOGETHER WITH THE EAST 1/2 OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 24, TOWNSHIP 1 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. CONTAINING APPROXIMATELY 19.96 ACRES. SUBJECT TO ALL RESERVATIONS, RESTRICTIONS, EASEMENTS, OFFERS OF DEDICATION, RIGHTS AND RIGHT OF WAYS OF RECORD. This legal description was prepared by me or under my direction. §CdA 07/15/2025 Edward J. Bonadiman, P.L.S. Date EDWARD J. ` BONADIMAN J � L.S. 7529 NW COR SEC 24 j 329.28' N O 00 M W O O O. z co Io O O Z EXHIBIT "B" N89'16'21 "E 1317,63' 329.28' — — 329.66' PARCEL "A" LOT MERGER LLA-640 REC. OCT. 9, 2024 DOC. # 2024-0242284 O.R. 19.96 ACRES �r U W �'- _-330.81' _�• -= 330.92'-- = 329.50'� N89'17'29"E 1321.60' W 1/4 SEC 24 LUGONIA AVE EDWARD J. BONADIMAN N 1/4 SEC 24 329.42' LU > U N M� Q Q m 001 z a0 NO 0 M r m r w 1 00 0 tM \ O) p � O O\ Z Z � � 1 � 1 � T 330.37' — 1 CEN SEC 24 I' 250' 0 250' SCALE: 1 "= 250' DRAWN BY. E B SHT. NO. CHECK BY: EJB AD I MAN '�`'�' C DATE: 07-15-2025 sue" o'"ca"'sz . EXHIBIT "Ble 4553 E. BONABIVAN i ASSOCIATES INC. FAX 36�1.1i21 OF L E GI EERS O.LS. BURYEYING PLA IN6 �• NIJILCOIB v A 0 O n �k N CERTIFICATE OF ACCEPTANCE: O 0 This is to certify that the interest in real property conveyed to the City of Redlands dated from The Holy co Name of Jesus Catholic Community, Inc. is hereby accepted and the Grantee consents to recordation (.0 thereof by its duly authorized officer. v rn o Dated: f I 1 `1r1,+ °) r ar s . Duggan, Jr. City Manager, City of Redlands