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Home My WebLink AboutMS 95-05; HOMES FOR INDUSTRY - CARLSBAD LLC; 1996-0263730; Easement*I ? : a . e., * .. rn 0 ,. -L - RECORDING REQUESTED BY AND ) WHEN RECORDED RETURN TO 1 /-pa.. &a %a? M fyj& 24-RAY-f99& 3. p = 24 $@-? City Clerk . ) OFFICIAL pEC@$S City of Carlsbad 1200 Carlsbad Village Drive i1624 Carlsbad, CA 92008 Sfill 111rGp t. ,r Pt-bI''lTG tuiplt ! $tC!jftijER'S " OFFICE $RE@]RY $RITE 5 Cr_lZMTY F;EI;Ok;DEk rrrx 1 i gL> : 0.00 p #id 1 'i, . - , ,i ), " 1 \ \, ,? 1 ) , i 'Q \.; @ ' Space above this line for Recorder's use Parcel No. - 21 ~-09z."3 .I " AIRCRAFT OPERATIONS, SOUND, AIR SPACE AND AVIGATION EASEMENT DEED Parcel No. %-QW7-.4 CASE NO: F7.j %-&S/pVD 45-ez/PfpQg-08 Whereas, Homes For Industry-Carlsbad LLC , hereinafter called the "Grantor" is the owner in fee of that certain parcel of land situated in the County of San Diego, State of California, more particularly described as follows: Lot 39 of Carlsbad Tract No. 81-46 unit No. 2, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 11288, filed in the Office of the County Recorder of San Diego County, July 16, 1985. hereinafter called ''the Grantor's property;" receipt of which is hereby acknowledged, Grantor does hereby grant to the County of San Diego, hereinafter referred to as "Grantee", its successors and assigns, a perpetual easement in gross for aircraft operation, aircraft sound and noise, aircraft avigation and flight, hazard and air space, referred to hereinafter, one word for the entirety, as a perpWa!, noflexclusitte avigztion easen~~t In, to, ww and thrrwgh all a.2 space abovs Grantor's property, as particularly described hereinbefore, from the surface to an indefinite height above said surface. In consideration of and as a condition of approval of MS 95-05 /PUD 9 5-02 /PJP 95. The Grantor herein, its heirs, administrators, executors, successors, and assigns, grants the avigation easement to Grantee, for the use and benefit of the public, including the United States Armed Forces, for the 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, together with the right to cause in all air space above the Grantor's property such noise, vibrations, fumes, dust, fuel particles and all other effects that may be caused.by the operation at or on the McClellan-Palomar Airport; and Grantor herein, its heirs, administrators, executors, successors and assigns, does hereby fully waive, remise Form: Perpetual Avigation Easement rev 3/27/95 1 ' 1 :*. 1-' : . -. I e a .L STATE OF CALIFORNIA 1625 COUNTY OF SAN DIEGO On / 2 - f - c/ S- 'before me, fu 9' dv Notary Public, personally appeared &&"&/" fi /~ l M personally On / 2 - f - c/ S- 'before me, fu 9' dv Notary Public, P, 1 ?I (J- personally appeared (.LAG&Aw I= l M personally known to me - or [ ] proved to me on the bisis of satisfactory evidence to be the person(wwhose namew is/- subscribed to the within instrument and acknowledged to me that he1-y executed the same in his/ba+tMr authorized capacity(@, and that by his/h+tbeir signature(*on the instrument the person@, or the entity upon behalf of which the person(wacted, executed the instrument. WITNESS my hand and official seal. -/) u/r/\p-e/ (Signature of Notary)\ 4 U I Form: Perpetual Avigation Easement rev 3/2i/W 4 , L: . - -. I_ *I .m m 1626 * - and- release any right of 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, vibrations, fumes, dust, fuel particles and all other effects that may be caused or may have been . caused by the operating of aircraft landing at, or taking off from, or operating at or on said McClellan-Palomar Airport at, Carlsbad or other airport or air facility which is or may be located at or near the site of McClellan-Palomar Airport. TO HAVE AND TO HOLD said easement and right-of-way and all rights appertaining thereto unto the Grantee, its successors and assigns, it being understood and agreed that these covenants and agreements snail run with the iana. This easement is granted for any use by any aircraft present or future, from or to the McClellan-Palomar Airpoit at Carlsbad including any future change in volume of operation or noise or pattern of air traffic thereof, consistent with a general aviation airport and the airport’s bmndaries as indicated by Carlsbad’s Gel-ieral Plan. ”Grantor also agrees to defend, indemnify and hold harmless the City of Carlsbad and its officers, employees, agents and volunteers for any and all costs, liabilities, claims or damages related to the use of this avigation easement by the county. EXECUTED this 8th day of December ,192. GRANTOR/OWNER: CITY OF CARLSBAD, a municipal corporation of the State of California Homes For Industry-Carlsbad LLC (Name of Grantor/Owner) By: By: For City Manager (Sign Here) u Approved as to form: Anthony Hai RONALD R. BALL - City Attorney (Print Name Herep . Mana PW’Fs / l;’ ,, n (Title & Organization of Signatory) Dated: 5/2 I /96 Director Real Property Division Department of General Services Lis is to certify that the interest in real property conveyed by the foregoing ied or grant to the County of San Diego, a political corporation, is hereby :cepted on behalf of the Board of Supervisors of siad County of San Diego Lrsuant to authority conferred by Resolution of said Board adopted on January , 1992, and the Grantee consents to recordation Form: Perpetual Avigation Easement lereof by its duly authorized officer. z rev 3i27/% , .,I .,.r.._,* .,,), _. I .. . - ., . . ., ' . .. *. .. ,I. .. NO. 92-20 TUESDAY, JANUARY 7, 1992 1627 RESOLiiiiON Oi4 KiTiiORiZlNG CERTAIN COUNTY STAFF POSITIONS TO ACCEPT DEEDS AND GRANTS ON BEHALF OF THE COUNTY OF SAN DIEGO On motion of Supervisor WiIlmz , seconded by Supervisor MacDonald , the following resolution is adopted. WHEREAS, Sectior! 27281 of the Government Code provides that a political corporation or governmental agency, by a general resolution, may authorize an officer or agent on behalf of the political corporation or governmental agency, to accept DprSs or Grants conveying an interest in cjv easement zpon real cstate 1 _. .. .. . for public purposes; and 2.. .' ,I .. , . ';.,:. . iI !.,~ i . WHEREAS, the Board of Supervisors previously adopted Resolutions on October 12, .. -1: 1971 (43), October 12, 1976 (15) and 'March 20, 1979 (ll), authorizing certain ,- ' -. County staff positions to accept on behalf of the County of San Diego, Deeds or . .. Grants conveying to the County of San Diego, title to or an interest in Real $. *. ... Property; and ;A:,'.<; .. . .. . ..,. . .a* ., , +"',, .' .c . WHEREAS, the Director, Department of General Services; is now presenting to the Board of Supervisors a letter recommending that the Board of Supervisors ,* -. , . ," I;.. . , * ,'. . . . -. .'. designate the hereafter named Cwnty staff positions to accapt Deed; or Ci-2nt.s .. ,.?..e .;;. conveying any fee or easement interest in real estate for public purposes. 0.' . .+.. , .. .( Director, Department of General Services .. Assistant Director, Department of General Services '1) . Deputy Director, Real Property Division ' ,_ Assistant Deputy Director, Real Property Division Supervising Real Property Agents, Real Property Division a. . Y V2.G .c I. ;! ;>!;':? .; :,>$; c ;x& ,,z. :c:* Ti : >, i_ ..;E ... " ...a *.F ..,I- .? :.. c .._ "V z fl :F '.* _- , ' *:$ x $ P .+L .. :;$ * .?A ,.> " ,. ' .I " 6. Senior Land Surveyor, Real Property Division