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Home My WebLink AboutMINUTES - 10081996 - C5 Recorded at the request of: Contra Costa County Return to: Public Works Department Records Section THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on Octobe 8, 1996 by the following vote: AYES: Supervisors Rogers, Bishop, DeSaulnier, Torlakson, Smith NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.:86/455 SUBJECT: Authorizing Acceptance of Instrument. IT IS BY THE BOARD ORDERED that the following instrument is hereby ACCEPTED: INSTRUMENT REFERENCE GRANTOR AREA Aviation and niose MS 21-92 Leonard Wayne Byron Easement Baio 1 IMe�aarllh that tMe N�true.and sornat�{I��d an setlon taken and entered on the mhroba oiy SupeATTESTIMon� a ig . RL:may PHIL BATCHELOR,Clerk of the board g:\ettgsvc\bo\bo8.t10 of Supervisors and County AdmgNW&W r ?_ Originator.: Public Works(ES) �w Contact: Rich Lierly(313-2348) cc: Recorder(via Title Co.)then PW Records Director of Community Development Recorded at the Request of: Contra Costa County WHEN RECORDED RETURN TO: Public Works Department Right of Way Division 255 Glacier Drive Martinez, CA 94553 Attn: AVIGATION AND NOISE EASEMENT EAST CONTRA COSTA COUNTY AIRPORT This indenture is made this 4day of between Leonard Wayne Baio , 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 situated in the OWXY4& Byron Area I County of Contra Costa, State of California, identified herein as Parcel 002-130-010and described as follows: FOR DESCRIPTION, SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. Grantee is the owner/operator of the East Contra Costa County Airport (hereinafter called "Airport"). Parcel 002-130-010 is 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 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 Parcel002-130-010 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. C-3 .0 b. The . right to raze, remove or destroy those portions of buildings, other structures and land infringing upon or exiting into an approach, transitional, horizontal or conical 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. d. The right of ingress to, egress from and passage over the Grantor's property for the above purposes. 6. This grant of avigationjnoise easement .shall not operate to deprive the Grantor, his successors or assigns, of any rights 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 PARCEL.002-13 0-01 0 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 PARCEL 002-130-010 , and/or their respective officers, agents and employees. For the purpose of this instrument, that portion of PARCEL 002-130-010 which lies within the area of an approach, transitional, horizontal or conical surface, as described and depicted in Exhibit B, is 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 BOLD said easement and all rights appertaining thereto unto the Grantee, its successors and assigns, forever. C-5 State of ifo is County of on /p - f(o before me, the undersigned, a Notary Public in and for said State, personally appeared a ,L��x�• personally kna to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names) 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)I and that by his/her/their signatures) on the instr n ent the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. wIn ESS my hand and official seal. Signature Name Cis (typed or printed) (tel) - - - - - - - - - - - - - - - - - - - --- -- -. D. CONNORS „� COMM. 1066920 NOTARY PUBUC•CAUFORNIA ��• CONTRA COSTA COUNTY My Comm,Expires Aug.25,1999 CS EXHIBIT "A" LEGAL DESCRIPTION Avigation and Noise Easement That real property situate in the unincorporated portion of the County of Contra Costa, State of California described as follows: Parcel D of Subdivision MS 91-81, filed October 20, 1983 in Book 107 of Parcel Maps, Page 47, Contra Costa County Records. AP# 002-130-010 95079-1.lgl ow 10 Z:! o ou- cr ov U1, 0i !16i 0 t Ro 13 sit MA R H ........... ...... • WA 10 v" eV;