HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-568 Recorded at the request of:
Contra Costa County
Board of Supervisors
Return to:
Public Works Department
Engineering Services Division
Records Section
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on September 17, 2002 by the following vote:
AYES: Supervisors Gerber, Uilkema, DeSaulnier, Glover, and Gioia
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION'NO. 2002/568 -
SUBJECT: Acceptance of Instrument(Avigation and Noise Easement).
IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED FOR
RECORDING ONLY:
INSTRUMENT REFERENCE GRANTOR AREA DISTRICT
Avigation and SUB 7535 Bruns Properties Byron III
Noise Easement
rK`'u" I hereby certify that this is a true and correct copy of an action
G.KGrpData\EngSvc\BUU\2002\4-17-021SUB 7S35 130-30.d00
taken and entered on the minutes of the Board of Supervisors on
Originator: Public Works(ES) the date shown.
Contact: Rich Lierly(313-2348)
cc: Recorder(via Title Company)then PW Records
Current Planning,Corrntwnity Development Depamnent ATTESTED: SEPTEMBER 17 2002
Bums Properties ,
239 Main street,suite E JOHN SWEETEN,Clerk of the Board of Supervisors and County
Pleasanton,CA 94566 Administrator
Afro:Arthur W.Dunkley
By ,Deputy
RESOLUTION NO.2002/ 568
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
St#ite of OPTIONAL SECTION
Gi.t'of W CAPACITY CLAIMER BY SIGNER
C7 ---t- CX k before me, Though statute does not require the Notary to fill in
DATE NAW 71TLB OROFFICER B.G.,"JANE DOE,NOTARY PUBLIC the data below,doingso may
t` y prove Invaluable to
Csonall appeared
(,fit tc-t �t � gift tp(,t 6(,� persona relying an the document.
p y
NAMW OFSIONER(5) D INDIVIDUAL
personally known to Tne.OR-p proved to me on the basis of satisfactory evidence to C CORPORATE OFFICER(S)
be the person(s)whose name(s)is/am
subscribed to the within instrument and TITLE(s)
acknowledged to me that he/she/they executed
0 PARTNER(S) d LIMITED
*` ittJSALYN BIMt?N the same in his/her/their authorized E] GENERAL
() COMM.0124"" eapacity(fes),and that by his/her/their d ATTORNEY-IN-FACT
NOTARY PUBLIC-CALWURRIA signature(s)on the instrument the person(s)or TRUSTEE(S)
ALAMEt7A CpUNTY a entity upon behatf of which the persona)
COMM.EXP.JAN.218,2004executed the ids d GUARDIAN/CONSERVATOR
0 OTHER:
c�
do Ic SIGNER IS REPRESENTING:
r / (NAM OF PERSON(S)OR ENTrrY(MS))
SIGNATURE OP NOTARY
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document
TITHE DOCUMENT AT RIGHT. Number of Pages
TIKiugh the data below is not required by law,it may prove valuable Date of Document
to .ieMons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above
rezittachment of this form
INSTRUCTIONS TO NOTARY
The,following information is provided in an effort to expedite processing of the documents.
Siiatures required on documents must comply with the following to be in
to Contra Costa County.
I. FOR ALL SIGNATURE-The name and interest of the signer should be typed or printed BENEATH the signature. The
name must a signed exactly as it is typed or printed.
II. IGNATURIrS FORIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the
property must be stated.
III. §M4121MS FOR PAIR S -Si g party must be either a general partner or be authorized in writing to have
the authority to sip or an partners
TV. SIGNATURES FOR COR .
Documents s ou a Signe y two o cera,one from each of the following two groups:
GROUP !. ((a}}The Chair of the Board
(b}The President
C
Any Vice-President
GROUP 2, a The Secretary
An Assistant Secretary
c The Chief Financial Officer
The Assistant Treasurer
If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the
Boat.3 ofDirectors authorizing the person signing the instrument to execute instruments of the type in question is required.A currently
valid:power of attorney,notarized,will suffice.
Notarization of only one corporate signature or signatures from only one group,must contain the following phrase:
"..ard acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of
Dui-e tors."
Jc:m.l
158WS*:3i1MATA1flrFD \&sSrelFm z,&WOXD FDR WAU NOTARY.due
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
Community Development Department
Current Planning Division
651 Pine Street
Martinez, CA 94553
Attn: Bob Drake
"IGATION AND NOISE EASEMENT
This indenture is made this day of 2002 between Bruns Properties, a
California General Partnership, hereinafter called `Grant r" and Contra Costa County, a political
subdivision of the State of California, hereinafter called "Grantee".
Grantor its the owner in fee of that certain parcel of land situated in the County of Contra
Costa, State of California, identified herein as Lots 1-8 of Subdivision 7535 recorded in the
Contra Costa County Recorder's Office as follows:
Date:
Book:
Page:
Grantee is the owner/operator of Byron Airport (hereinafter called "Airport"). Lots 1-8 of
Subdivision_ 7535 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 avigationlnoise 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
Lots 1-8 Subdivision 7535,described and depicted as follows:
1
FOR MAP AND DESCRIPTION OF AREAS PROTECTED BY
EASEMENT, INCLUDING DESCRIPTION OF IMAGINARY SURFACES AND
ELEVATIONS, SEE EXHIBIT W 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 use 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 landing 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 Lots 1-8, Subdivision 7535 as may be 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
transitionalhorizontal or conical surface as described and depicted in Exhibit A 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 A.
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 conical
surface as described and depicted in Exhibit A, together with the right to prohibit the
future erection of buildings or structures which would infringe upon or
2
extend into said surfaces.
C. The right to mark and light as obstructions to air navigation any and all buildings,
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 avigation/noise 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 Lots 1-8, Subdivision 7535, and bind Grantor's heirs,
administrators, executers, 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 Lots 1-8,
Subdivision, and/or their respective officers, agents and employees. For the purpose of
this instrument, that portion of Lots 1-8, Subdivision 7535 which lies within the area of an
approved transitional, horizontal or conical 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.
IN WITNESS WHEREOF, the Grantor has hereunder set his hand and seal the date set
forth herein above.
Bruns Properties, a California Bruns Properties, a California
General Partnership General Partnership
n ley by: Vohn S. Steinbueh
Managing General PartnerManaging General Partner
RD/aa
ALUC1 3/Ease.RD
RD/kp 5/7/2002
3
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