HomeMy WebLinkAboutMINUTES - 09252001 - C.5 c �
Recorded at the request of:
Contra Costa County
Board of Supervisors
Return to:
Public Works Department
Engineering Services Division
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolved on September 25, 2001 by the following vote:
AYES: SUPERVISORS GIOIA, GERBER, DESAULNIER, GLOVER AND UILKEMA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2001/ 446
SUBJECT: Authorize Acceptance of Instrument for minor subdivision being developed by
Steven R. St. Germain, Martinez area.
NOW THEREFORE BE IT RESOLVED that the following instrument is hereby
ACCEPTED FOR RECORDING ONLY:
INSTRUMENT REFERENCE GRANTOR AREA
Avigation and Noise Easement MS 53-90 Steven R. St. Germain Martinez
Trustee of the St. Germain
1998 Revocable Living
Trust
I hereby certify that this is a true and correct copy of an action
taken and entered on the minutes of the Board of Supervisors on
the date shown.
G:',.GrpData\En,�Svc'•%BO''QOul\BO 9-25-01.doc
Mlad ATTESTED: September 25 , 2001
originator: Public Works(ES)
Contact: Rich Lierly(313-2348) JOHN SWEETEN, Clerk of the Board of Supervisors and County
cc: Recorder(via Clerk of the Board)thcu PSV Records Administrator
Current Planning,Conummity Development
D.Mendez,Airport
By i�ilt� ,Deputy
RESOLUTION 2001/ 446
G� �r
Recorded at the Request of:
Community Development Department
Contra Costa County
WHEN RECORDED RETURN TO:
Community Development Department Public Works Department
651 Pine St., 4`h Floor, North Wing Real Property Division
Martinez CA 94553 255 Glacier Drive
Attn: Rose Marie Pietras Martinez, CA 94553
AVIGATION AND NOISE EASEMENT
This indenture is made this 18TH day of JULY, 2001
between STEVEN R. ST.GERMAIN AND SUSAN*** hereinafter called "Grantor"
and Contra Costa County, a political subdivision of the State of California,
hereinafter called "Grantee."
Grantor, is the owner in fee of that certain parcel of land in the County of
Contra Costa, State of California, identified herein as Assessor's Parcel No. 161-
150-005 and described as follows:
FOR.DESCRIPTION, SEE EXHIBIT "A" ATTACHED
HERETO AND MADE A PART HEREOF.
Grantee is the owner/operator of Buchanan Field Airport (hereinafter
called "Airport"). Parcels A, B, and C of Minor Subdivision County File #MS 53- .
90 are in close proximity to Airport. Grantor and Grantee wish to establish
provisions so that aircraft using the Airport shall have the right of flight and the
right to cause noise, light and other effects associated with the operation of aircraft
in the airspace over said parcel.
NOW THEREFORE, Grantor, for its heirs, executors, administrators,
successors and assigns, for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, hereby grants and conveys to
Grantee, its successors and assigns forever the following rights, title and interest:
1. A perpetual and assignable public-use avigation/noise easement and right-
of-way for the free and unobstructed passage and flight of aircraft of any
and all kinds now known or hereafter invented, sold or designed for
navigation or flight in air of the class, size and category operationally
***A. ST.GERMAIN, TRUSTEES OF THE ST.GERMAIN 1998 REVOCABLE LIVING TRUST,
UNDER TRUST AGREEMENT DATED JULY 9, 1998
compatible with Airport as it exists now or as it may exist in the future.
Said easement shall be in, through, over and across the portion of airspace
of Parcels A, B, and C of Minor Subdivision County File #MS 53-90,
described and depicted as follows:
FOR MAP AND DESCRIPTION OF AREAS
PROTECTED BY EASEMENT, INCLUDING
DESCRIPTION OF IMAGINARY SURFACES AND
ELEVATIONS, SEE EXHIBIT "B" ATTACHED
HERETO AND MADE A PART HEREOF.
2. The rights herein granted shall include the right in such
airspace to allow, make and emit such noise, light, vibrations,
fumes, exhaust, smoke, air currents, dust, fuel particles, radio,
television, and other electromagnetic interferences, and all
other effects as may be inherent to the operation of aircraft for
navigation or flight in the air.
3. Grantor hereby fully waives, remises and releases any right or
cause of action that it may now have or that it may have in the
future against Grantee, its successors, and assigns, and
covenants not to sue due to such noise, light, vibrations,
fumes, exhaust, smoke, air currents, dust, fuel particles, radio,
television, and other electromagnetic interferences, and all
other effects that may be caused or may have been caused by
the operation of aircraft land at, or taking off from, or
operating at or on Airport. Said release and covenant shall
include, but 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.
4. It is further agreed that Grantee, as owner and operator of
Airport, 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 other regulations, except to the
extent, if any, that such actions are validly required by
governmental authority. Grantor reserves such use, rights and
privileges in said Parcels A, B, and C of Minor Subdivision
County File #MS 53-90 as may be exercised and enjoyed
2
without interference with or abridgment of the rights hereby
granted.
5. For and on behalf of itself, its successors and assigns, Grantor
covenants with Grantee for the direct benefit of the real
property constituting the Airport that neither Grantor nor its
successors in interest or assigns shall hereafter construct or
permit the construction or growth of any structure, tree or
other object that penetrates an approved transitional,
horizontal or control surface as described and depicted in
Exhibit B or that constitutes an obstruction to air navigation
under FAA Part 77, or that obstructs or interferes with the use
of the flight easements and rights of way herein granted or
that creates electrical interference with radio communication
between any installation upon said airport and aircraft, or as
to make it difficult for pilots to distinguish between airport
lights and other lights, or as to impair visibility in the vicinity
of the airport, or as otherwise to endanger the landing, take-
off or maneuvering of aircraft. For the purpose of ensuring
compliance with the foregoing covenant the rights herein
granted shall include:
a. The continuing and perpetual right to cut and remove
trees, bushes, shrubs or any other perennial growth or
undergrowth extending into or which in the future
could infringe upon or extend into or above an
approved transitional, horizontal or control surface as
described and depicted in Exhibit B.
b. The right to raze, remove or destroy those portions of
buildings, other structures and land infringing upon or
exiting into an approved transitional, horizontal or
control surface as described and depicted in Exhibit B,
together with the right to prohibit the future erection of
buildings or structures which would infringe upon or
extend into said surfaces.
C. The right to mark and light as obstructions to air
navigation any and all building, structure, tree or other
object now upon, or that in the future may be upon
Grantor's property that may at any time project or
extend above said surfaces.
3
d. The right of ingress to, egress from and passage over
the Grantor's property for the above purposes.
6. This grant of avigation/noise easement shall not operate to
deprive the Grantor, his successors or assigns, of any right
that it may from time to time have against any individual or
private operator for negligent or unlawful operation of
aircraft.
7. All promises, covenants and reservations contained in this
document are made and entered into for the benefit of
Grantee. These promises, covenants, conditions and
reservations shall run with Parcels A, B, and C of Minor
Subdivision County File #MS 53-90, and bind Grantor's heirs,
administrators, executors, successors and assigns to the
maximum extent now or hereinafter permitted by statute or
case law and are intended by the parties to comply with
California Civil Code section 1468. "Successors and assigns"
as used in. this paragraph includes without limitation:
invitees, licensees, permittees, tenants, lessees, and others
who may use easement rights reserved herein or use or be
upon Parcels A, B, and C of Minor Subdivision County File
#MS 53-90, and/or their respective officers, agents—and
employees. For the purpose of this instrument, that portion of
Parcels A, B, and C of Minor Subdivision County File #MS
53-90, which lie within the area of an approved transitional,
horizontal or control surface, as described and depicted in
Exhibit B, is the servient tenement and the Airport shall be
the dominant tenement.
8. Grantor agrees to defend, indemnify, save, protect and hold
harmless the Grantee, its officers, agents and employees, from
any and all claims, costs and liability, including reasonable
attorneys fees, for any damage, injury or death, including
without limitation all consequential damages from any cause
whatsoever, to persons or property, arising directly and
indirectly from or connected with the exercise of the
easement and related rights granted herein.
TO HAVE AND TO HOLD said easement and all rights
appertaining thereto unto the Grantee, its successors and assigns,
forever.
4
IN WITNESS WHEREOF, the Grantor has hereunder set his
hand and seal the date set forth herein above.
Grantor STEVEN R. ST. RMAIN, TRUSTEE Date
RD/mp SUSAN A. ST. GERMAIN, TRUSTE
S:current planning/airport/avigat ion and noise easement—ms53-90
5
Minor Subdivision 53-90
EXHIBIT "A"
All that real property situated in the County of Contra Costa, State of California, described
as follows:
All of Parcels A, B, and C as shown on the parcel map of Minor Subdivision 53-90, on file
at the County Recorder's Office as follows:
Date:
Book:
Page:
]H:
G:\GrpData\EngSvc\lorge\2000`•Fcbniary\h1S53-90 Dia.doc
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TERRAIN PENETRATION OF
HEIGHT I-ItArl Pi,F.iCSANT 11111,1, ' 7
Cd SPECIAL STUDY AREA
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j 274 FEET AMSC HEK:HT t IMIT v V • / 1 0.'.
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/+..y.•••M-•••e«••+F.�•4n+•tr"+t«^+r Pt ANNINO OFRARTMENT
. •l+r ur.Ca.^+•w�••rt.22 w+n drn, �/L '
NORTH BUCHANAN FIELD AIRPORT PLANNING AREA
�1 SCALE 14 1111
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0 1000 .000 CONTRA COSTA COUNTY,CALIFORNIA
State of Calrma
' }
County of (
On , before me the undersigned Notary Public, personally appeared:
ll ,,n
5o,E-Lan A . f2k , ('�Pn-wt-k,(c)
personally known to me, or
proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to :;�
the within instrument and acknowledged to me that c•.;::. . : `.:;::: ,�„ ; r}
he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on
the instrument the person(s), or the entity upon behalf of
which the rson(s) acted, executed the instrument.
Wl N SS y han and ficia se
State of California }
County of }
On before me the undersigned Notary Public, personally appeared:
personally known to me, or
proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s)on
the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
form X1001 (7/1/94)
ILLEGIBLE NOTARY SEAL DECLARTION
( GOVERNMENT CODE 27361.7 )
1 CERTIFY UNDER PENALTY OF PERJURY THAT THE
NOTARY SEAL ON THE DOCUMENT TO WHICH THIS
STATEMENT IS ATTACHED READS AS FOLLOWS:
NAME OF NOTARY: C o�Z'� E E . ecu`Imo:
DATE OF COMMISSION EXPIRES: mar. moo, �oc�
STATE: OA , COUNTY: CO3)y!
THIS DECLARATION WAS EXECUTED AT :
DATE: SIGNATURE: 4`�`