HomeMy WebLinkAboutPIP 94-04; Blackmore Airport Centre; Planned Industrial Permit (PIP) (4)April 25,1995
smith consulting Architects
Gary Baker
5355 Mira Somnto Place #750
San Diego CA 92121
RE: PIP 94-04 - PERPEI'UAL AVIGATION EASEMENT
Dear Gary:
I am returning the Avigation Agreement for the Blackmore Airport Centre because there
are a couple of changes that need to be made prior to recording the document. On the
second page, there is a item to be filled in for the Title & Organization of Signatory. Mr.
Blackmore has signed as the 'General Partner" but also needs to add the Organization of
the Signatory which would be 'of Carson Yard Investments". On the last page of the
document there are another set of signatures required. These are for the 'consent to the
conveyance and recordation of the easement..." found on page two. These should be done
in the same manner as above. By using the notary's form, these lines were probably overlooked. Its alright to leave the notary form on the document blank since another has been provided.
Please make the changer as noted be and then return the document. I will then forward
the document for recordation. If you have any questioos regarding the above, please call
me at 438-1161 extension 4325.
VAN LYNCH Planning Technician
2075 Las Palmas Drive - Carlsbad. California 92009-1 576 - (61 9) 438-1 161 @
c
RECORDING REQUESTED BY AND )
WHEN RECORDED RETURN TO
City Clerk
City of Carlsbad
1200 Carlsbad Villags
Carisbad, CA 92008
AIRCRAFT OPERATIONS, SOUND, AIR SPACE AND AMGATION EASEMENT DEED
CASE NO: ~-. APN : 212-091-08-00
Wherea3, CAW fAR0 ~JWumGr hereinafter called the
"Grantof 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:
hereinafter called "the Grantor's property;'
In consideration of and as a condition of approval of ?I P %-a4 J
receipt of which is hereby acknowledged, Grantor does hereby grant to the County of San Diego, hereinafter refwed to as "Grantee", its succ~gsors and assigns, a perpetual
easement in gross for aircraft operation, aircraft sound and noise, aircraft avigation and
flight, hazard and air space, refwed to hereinafter, one word for the entirety, as a
perpetual, nonexclusive avigation easement in, to, over and through all air space above
Grantor's property, as particularly described hereinbefore, from the surface to an
indefinite height above said surface.
The Grantor herein, its heirs, administrators, e#ecutors, successors, and assigns,' grants the avigatkrr easement to Grantee, for the use and benefit of the public, including
the United Armed Forces, for the passage of all aircraft ("aircraff being defined
for the pu- of tth instrument as any contrivance now known or herealter 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-falomar Aim@ 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 operating at or on
Fomr P.rptul Avigation Ewt
h
said McClellan-Palomar Airport at, Carlsbad or other airport or air facility which is or may
be located at or near the site of McCldlan-Paiomar Airport.
TO HAVE AND TO HOLD said easement and right-of-way and all rights appertaining thereto unto the Grantee, its succ~ssors and assigns, it being understood and agreed
that these covenants and agreements shall run with the land.
This easement is granted for any use by any aircraft present or future, from or to the McClellan-Palomar Airport 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 boundaries as indicated by Carlsbad's General 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
GRANTOR/OWNER:
(Name of G&or/Owner)
19LS
By:
By:
CllY OF CARLSBAD, a municipal
corporation of the State of California
MARTIN ORENYAK For City Manager
The undemignd, asthe Lesseeof Grantor's property described above, hereby consents to the conveyance and recordation of the eesement described above and subordinates
its interest in the kmehold estate to the easement. Lessee agrees that such consent
and subordination is binding on its heirs, administrators, executors, succ~ssors and
assigns to the leasehold interest'
1 STATE OF CALIFORNIA }ss . COUNTY OF San Diego 1
On March 9. 1995 , before me, Rosa C. Brown I
personally appeared Allen J. black more************************************^
............................................................ , $dMddvyMh/wMd
(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) iqplq
subscribed to the within instrument and acknowledged to me that he/bh&/t?idf executed the same
in his/b@f/meif authorized capacity(ies), and that by his/)lefFppjr signature@) on the instrument the
person(s) or the entity upon behalf of which the person@) acted, executed the instrument.
-01410161
.WITNESS my hapdaqd official seal. n
(This area for official notarial seal)
I Date of Document 3/9/95 No. of Pages 3 I Other signatures not acknowledged NOM
3008 (1 34) (General)
First American Title Insurance Company
LESSEE:
(Name of Lessee) ~~
By:
(Sign Here)
Dated:
(Print Name Here)
(Title & Organization of Signatory)
and personally known to me (0
CORPORATION ACKN
PARTNERSHIP ACKNOWLEDG
or
or
WITNESS my hand and official
Approved as to form:
RONALD R. BALL
Ci Attorney