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Home My WebLink AboutCUP 94-03; HARO, ROBERT B.; 1995-0401855; Easement.. * :. < a: , ' *. *{ e .. 0 .. - -. .~. "c ;. . .- _.Y i .- -. + I. 3. :-.! * . , . .. , ,-.- =% T I . I' :< ;!+ '3 I.+ .:' <'., I . .s .. . : ,: kECORDING REQUESTED BY AND ) 4' WHEN RECORDED RETURN TO ,w* 4. i: ' ! I,! -;i ,. I;? 4. 3 7 ,;I; --= t ; :J,: k ; : ;; ,_ : ,, i _. res 1' " x ., d-.- o ., 2. ;-T.zz:-: ;;0q , ." " : ... ~, ,/?; : ., :- : - ~~ 7; .- - ~. IT -. i" . *_ -, c ": .. - i Y ". i . . City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 1 1 1 ) 1 ) .{. 965 1 1 ) _""_ j. "_."" , >:. .. ,," v;,,; 7,';Tq ,-T-!:;-j-': -r!".---- ~ - """ -.:,: 2::i; -.-.-,..: ?.L:"?.:;:;::'.2 :::,-:;: !;yC:.:,;>f; ,;.!!Tz. ".I.$:-.. -.----.*-- ..I. u;,:.>, -:,L j ,: ~ -.:;!: I y yL!J?~~$ 1: ~ i:.;,.;L il-. .!7:.- ,i".i',i" .. , -, . .- - ,i r-yr. " r L ;- 8: I ,-LC I: ., .. . .t . r 'Ti E,: . . ,:: 'i .a , Ilk' .. . ~~~~~~~~~~~.~~.~.~~$' -$?X ~%Sr-ca I"y--- -rAx % --"-Tm */if- G3-J AIRSRAFT OP€RATIONS, SOUND, AIR TAG€ ".__I""."_ " I I AND TEMPORARY AVIGATION EASEMENT DEED CASE NO: CUP 94-03 Whereas, Robert B. Haro , 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: 1 6066 Corte Del Cedro (Lot 11 of Carlsbad Tract CT 79-14) hereinafter called "the Grantor's property;" In consideration of and as a condition of approval of CUP 94-03 9 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 temporary 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 temporary, nonexclusive avigation easement in, to, over and through all air space above Grantor's property, as particuiariy aescribea nereinbsixe, from the suriace to an indefinite height above said surface. . The Grantor herein: its heirs, admir,istratorsl exaxtors, successors, and assigns, grants :he 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 ccintrivance 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 and releasa 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 cr may be Iccatsol E?! or rmr the site of F!cCkllan-?a!omar Airport. Form: Temporary Avigation Easement APn.' 213-080-fI .' \. . I. ' I ,. -* 0 966 Ir 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 shall run with the land. This easement is granted for any use by any aircraft present or future, from or to the McClellan-Paiomar 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 Carisbad and its officers, employees, agents and volunteers for any and all costs, liabilities, claims of darnaggs related to the use G: this avigation easement by the county, The.easemeOt described above shall remain in effect until conditional use ?emit no. I the permit, whichever is later." 94-03 expires or until Granxor ceases to us= the propeey for the uses &%pPiOVd by EXECUTED this 8th day of June ,193. GRANTOR/OWNER: Robert B. Haro (Name of Grantor/Owner) By: CITY OF CARLSBAD, a municipal corporation of the State of California By: For City Manager (Sign Here) Robert B. Haro (Print Name Here) PROPERTY OWNER (Title & Organization of Signatory) "The undersigned, as the Lessee of Grantor's property described above, hereby consents to the conveyance and recordation of the easement described above and subordinates its interest in the leasehold estate to the easement. Lessee agrees that such consent and subordination is binding on its heirs, administrators, executors, successors and assigns to the leasehold interest." Form: Terrgorary Avigation Easement & . , c s; .. *. ' I. . .* 8, .. 0 '. Temporary 0 Avigation Easement .% ,. LESSEE: 967 .I CLIie S. Ah, 7Hw" DOYLE (Print Name Here) F;?f Viu. Fhst'&nh Ass&vnf sed, 77a Er715LbPhL' DJOCG~C dF 'sfid D/g@ (Title & Organization of Signatory) (Proper notarial acknowledgment of execution by OWNER/GRANTOR must be attached.) (President or vice-president and . secretary or assistant secretary must sign for !:arporations. If Only One officer signs, the corporation must attach a resolution certified ' by the secretary or assistant secretary under. corporate seal empowering that officer to Pind the corporation.) (., .. .. I. .I , e ALL PURPOSE ACKNOWLEDGEMENT 968 1 STATE OF CALFOR. IA 2- Lp } ss* COUNTY OF. 1 % 8 , 1 4 q5 before me, &d On - "a %.%&A ,I&% .EA - personally appeared I &bi &, .#&bo V personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s1 whose name( ) iyare subscribed to the within instrument and ?cknow[edged to me th he she/they executed the same i hijherltheir authorized caPacitY(ies), and that b .G hisfier/their 'j signature(s) 0. on the instrument the person(s1 or the 8 entity upon behalf Of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (This area for official notarial seal) 1 "Jy&7&gg Signature bt"7+ 3 4104 Reo.Farm XR11 " . ,- ~ ,* r." 4d "CALIFO~NIA ALL-PURP~SE ACKNOWLEDGMENT No. 5907 , I .. ..- e- * 54 L" - A5 i/L rn ,, e+"!+4N? - proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) $/are subscribed to the within instrument and ac- knowledged to me that heCfkelthey executed the same in b"r/their authorized capacity(ies), and that by "er/their signature(s) on the instrument the person@), or the entity upon behalf of which the person(s) acted, executed the instrument. Though the data below is not required by law, it may prove valuable to persons relying on the document and could\prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT B CORPORATE OFFICER NUMBER OF PAGES SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave., P.O. Box 7184 Canoga Park, CA 91309-7184 a ,.If , d ,. . '4 ,'. -. * L. *,e. -. e\ 970 CERTIFICATION FOR ACCEPTANCE OF DEED , This is to certify that the interest in real property conveyed by the grant deed or easement, dated 9 / 2 0 / 9 4 ,from Robert B. Haro to the City of 'Carlsbad, 'California, a political corporation and/or governmental agency, is hereby accepted by the undersigned officer or agent on behalf of the City of Carlsbad, California, pursuant to authority conferred by Resolution No. 91-71 of the City of Carlsbad, -UVyLLG uil IvIalui 5, LYY I, and the grantee coilsents tc the recordation thereof by it's duly authorized officer. 9.-l,,-.+.,> -.. r a"..-' - - --- DATED: December 28, 1994 ai!. MUTE*#i d'