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Home My WebLink AboutSDP 97-25; Kelly Corporate Center I, LLC; 2000-0609460: EasementWHEN RECORDED, PLEASE RETURN TIIIS INSTRUMENT TO: {MAIL STATION A45} ) ) ) ) Clerk, Board of Supervisors ) San Diego County Administration Ctr ) 1600 Pacific Highway ) San Diego, California 92101 ) RECORDER REQUEST OF DEPARTMENT OF GENERAL SERVICES FOR THE BENEFIT OF THE COUNTY OF SAN DIEEJO NO TRANSFER TAX DUE ThL ORIGINAL OF THIS DOCUMENT WAS RECORDED ON NOV 09, 2000 DOCUMENT NUMBER 2000-0609460 G~lGORY J. SMITH, COUNTY RECORDER SAN DIEGO COUNTY RECORDER'S OFFICE · TIME: 9:29 AM Space above this line for Recorder's use R/P PARCEL NO. 2000 -0307-A Parcel No. 212-040-35, 54, 63 & 65 .AIRCRAFT OPERATIONS, SOlJI'W, AIR SPA.CE AND A VI GATTON EASEMENT DEED CASE NO. SDP 97-25/CDP 97-52 WHEREAs,\z~iiy Corpo;ate Cente1:J, _LLC; l!~r~i~after called the "Grantor" i~-the owner in fee of that certain parcel of land sifuaJed in the §;;ounty of San Diego, State of <;alifqtnia, more particularly described as follows: , • ) ' ' < • • i\ .. ~ . ·. •. Parcels 1 & 2 o} City of C~rlsbad E-6undary Adi1.1stm~nt No. 494 ·& Parcel 2 of City of ·c~rlsbad. BoUI?-dary Adj µsfment No. 388, ~xceptirig ther!;:from t:4-e portion lying eastetiy q :f Aviara Parkway -.' -:~• ' . • ' . - .=,/,: .• _.,:·,·. hereinafter called "Gran tor' s;:wt~p~~;i~\ .. , . ' • ·: •••• ! . -., ~ -._ '. ~; ' ' ' •• ' • In consideration of and as a cnngiti~~ ~f approval by, the City of Carlsbad, California, of a Site Development Plan and Coastal Development P,-;rmit, receipt of ,x;hic.h is hereby acknowledged, Grantor does hereby grant to the County of San Diego, hereinafter referred to as "Grantee", its successors and assigns, a perpetual non-exclusive easement in gross for aircraft operation, aircraft sound and noise, .aircraft avigation ·and flight, hazard and air space ("A vigation Easement"), over and through all air space above Grantor's property, as particularly described herein before, from the surface to an indefinite height above said surface; provided, however, that in no event shall the Easement Deed or the A vigation Easement granted pursuant hereto be construed so as to permit aircraft to operate below the plane which is fifty-five (55) feet above the highest point on the ground surface of Grantor's Property. The Grantor herein, .its heirs, administrators, executors, successors, and assigns, grants the A vigation 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 Perpetual A vigation Easement Rev. 03-27-95 R/P PARCEL NO . 20 00-0307-A 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 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 operation at or on said McClellan-Palomar Airport at, Carlsb ad or other airport or air facility which is or may be located at or near the site of McClellan-Palomar Airport. TO HA VE AND TO HOLD said easement and right-of-way and all rights appertaining thereto unto the Grantee, its successors and assigns, iJ being understood and agreed that these covenants and agreements shall run with the land. 'r This easement is granted ·":for any use by any aircra11 prese:pt or future, from or to the McClellan-Palomar Airport at Carlsbad including any fq.tu.Fe ch~ge iD, volume of operation or noise or pattern o{air _traffic thereof, consistent with <!-general aviatiop airport and the airport's boundaries as indicate-g by Carlsbad's General Plan. •• "Grantor" also agrees to di fe,nd, i~d~~fy :@dh'.of&nan:µl~ss the 'citygf Carls~ad and its officers, employees, ~gents and volunt_eers for · cm,.y' and all 9dsts, liab,ilities{t1aims cij damages related to the use of tlifo A vigation Easerh~nt by th,i county; • • ;' Kevin A. Noell (Print Name Here) Chief Operating Officer (Title & Organization of Signatory) Perpetual A vigation Easement 2 Rev. 03-27-95 R/P \RCEL NO. 2000 -0307 -A This is to certify that the interest in real property conveyed by the foregoing deed or grant to the County of San Diego, a political corporation, is hereby accepted on behalf of the Board of Supervisors of said County of San Diego pursuant to authority conferred by resolution of said Board adopted on January 7, 199 2, and the Grantee consents to recordation thereof by its duly authorized officer. r :-) , L ' Dated: _ ___:_::{(J=-+-/_,,Lf.q~lt.=-=tJc):c.______ (Ll_ ~ ~✓JOHN KROSS,~uty Director Real Property Division, Department of General Services "T11e Undersigned, as the Lessee,_of Grantor's propc:rty dtscribed above, hereby consents to the conveyance and recordation of tlj.¢ easement described above and subordina~es its interest in the leasehold estate to the easement. Lessee agrees that such consent and subordin~tion is binding on its heirs, administrators, executors, successors and assigns to the l~asehold intei!est." LESSEE: (Name ofLesse~} ·-·".' By: (Sign Here) (Print Name/Title) By: (Sign Here) (Print Name/Title) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument). Perpetual A vigation Easement 3 Rev. 03-27-95 R/ ARCEL NO. 2000 -0307-A CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ST ATE OF CALIFORNIA COUNTY OF SAN DIEGO On __ S"_~___._/ O_-__,,cD___,=--before me, L); c::u..u::L. L. k~c..Q...-Notary Pub lie , -"""""~~~~~~.J--:~8--\-. ~· ~~---""--"--=~'--'>C..------' pzJ personally personally appeared known to me -er f ] pro9'ed40 me on the basis of satisfactory evidence to be the personEs7 whose name(4 is/are·•~mbscribed to the within instrwnent and acknowledged to me that he/sheLthey executed the same in his/h:er/thcif authorized capacity~, and that by his&@r/th@ir signature(~ on the instrument the person(¾,-or the entity upon behalf of which the person(4 acted, executed the instrument. WITNESS my hand and official seal. ~~£~~~ (Signature of Notary) Perpetual A vigation Easement 4 ~············~ DIANA L. FARACE :~ Commission# 117-4391 ~ i-Norary Public• COllkma ~ ~ .... ~.c;n:~~~2:l Rev. 03-27-95 John A. Miller Director DEPARTMENT OF GENERAL SERVICES 5555 O V ERLA ND A VENUE, S A N DIEGO , CA 9 2 1 23-1 2 9 4 November 9, 2000 Ms. Isabelle J. Paulsen Office of the City Clerk Records Management City of Carlsbad 1200 Carlsbad Dr. Carlsbad, Ca. 92008 PROJECT MANAGEMENT (858) 694-2040 FACILITIES SERVICES (858) 694-3675 FLEET MANAGEMENT (858) 694-2876 REAL ESTATE SERVICES (858) 694-2291 DOCUMENT SERVICES (858) 495-5346 PURCHASING & CONTRACTING (858) 694-2920 Subject: AVIGATION EASEMENT KELLY CORPORATION CENTER (SDP 97 -25/CDP 97- 52) APN: 2 12-040-35,63,65 Dear Ms. Paulsen, Please find attached, recorded copies of Avigation Easement, Kelly Corporation Center (SDP 97- 25/CDP 97-5 2) for your use. Thank you for your cooperation. If you should have any questions, please feel free to contact me at (858) 694-2299· Sincerely, B. Todd Hubbard Real Property Division, Department of General Services County of San Diego 5555 Overland Ave. Suite 2900 Rm. 110 San Diego, Ca. 921 23 cc: Don Neu City of Carlsbad Planning Department 1635 Faraday Ave. Catlsbad,Ca.92008 cc: Darlene Hasslet-Kitchen Department of Public Works, Airports Division Gillespie Field County of San Diego 1960 Joe Crossan Dr. El Cajon, Ca. 92020 c·ty of Ca @iirfiili·ilh I August 7, 2000 Sa n Diego County Recorder P. 0. Box 121750 San Diego, CA 92112-1750 Records Management Department Re: Aircraft Operations, Sound, Air Space and Avigation Easement Deed Enclosed fo r recordation is the following described document: Aircraft Operations, Sound, Air Space and Avigation Easement Deed Kelly Corporate Center I, LLC APN: 212-040-35, 63, 65 Case No. SOP 97-25/CDP 97-52 Our staff has determined that the recordation of this document is of benefit to the city, therefore, it is requested that the fees be waived. Thank you for your assistance with this matter. Sincerely, ISABELLE J. PAULSEN Administrative Secretary Enclosure 1200 Carlsbad Village Drive • Carlsbad, CA 92008-1989 • (760) 434-2808 @