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Home My WebLink AboutPM 2002-26 - Agreement/Covenant - 8/11/2006 WHEN RECORDED MAIL TO City Clerk City of Fresno 2600 Fresno Street 0 Fresno, CA 93721-3603 1012012004,20040236322 O p L� U NO FEE -Government Code 6103 Z O U APN 496-230-07 Parcel Map No. 2002-26 DEED OF AVIGATION AND HAZARD EASEMENT Fresno - Yosemite International Airport i Deed of Avigation and Hazard Easement Fresno-Yosemite International Airport Parcel Map No. 2002-26 Page 2 P & T INVESTMENTS, LLC, a California Limited Liability Company, hereafter referred to as "Grantor", without regard for number, being the owner of the real property (hereinafter called "Grantor's property") situated in the City of Fresno, County of Fresno, state of California, as described on the attached Exhibit 'A" hereby grants to the City of Fresno, a Municipal Corporation, hereinafter called the "Grantee", an assignable easement and right-of-way, for the use and benefit of the public, for the free and unobstructed passage of aircraft in, through and across all the air space above Grantor's real property, lying and being above a horizontal plane 100 feet above the primary surface elevation pursuant to Part 77 of the Federal Aviation Regulations(said primary surface elevation for the Fresno- Yosemite International Airport is established as 333.00 feet, USC & GS Datum); TOGETHER with the continuing right to cause or allow in all the air space above the surface of Grantor's property such noise, vibrations, fumes, dust, fuel particles, and other effects as may be caused by or result from the operation of aircraft; and Grantor, does hereby fully waive and release any right or cause of action which they or any of them have or may have in the future against Grantee, its successors and assigns, on account of or arising out of such noise,vibrations,fumes,dust,fuel particles and other effects heretofore and hereafter caused by the operation of aircraft in said air space; ALSO TOGETHER with the continuing right in the Grantee, its successors and assigns, to clear and keep clear Grantor's property of any and all obstructions which encroach upon or extend into the hereinbefore-described easement and right-of-way, and for such purpose to enter upon the surface of Grantor's property and cut and remove underbrush and soil and demolish, cut, lower, mark, light or remove buildings or any structures, or any bushes, trees or other vegetation which are located on or extend into or over so much of the Grantor's property as lies below the easement and right-of-way herein granted, and together with the right of ingress to, egress from, and passage over Grantor's property for the purpose of effecting and maintaining such clearance as aforesaid. RESERVING unto the Grantor, its successors in interest and assigns, the right to use and occupy Grantor's property for all purposes which do not interfere with or abridge the rights here granted. The term "aircraft" is defined for the purpose of this deed as any contrivance now known or hereafter invented, designed, or used for navigation or flight in air or space. Grantor, for Grantor and the successors in interest and assigns of Grantor, covenants and agrees that neither they nor any of them will erect, or permit the erection of, any structure or object, or permit the growth or any tree or other vegetation, or allow any Deed of Avigation and Hazard Easement Fresno-Yosemite International Airport Parcel Map No. 2002-26 Page 3 structure, object, tree, or other vegetation to remain, on the Grantor's property which encroaches upon orextends into said easement and right-of-way,and that neither they nor any of them will hereafter use, or permit or suffer the use of, Grantor's property in such manneras to create electrical interference with radio communication to orfrom any aircraft, or as to make it difficult for aircraft pilots to distinguish between airport lights and other lights, or as to impair visibility in the vicinity of any airport, or as to otherwise endanger the landing, taking-off, or maneuvering of aircraft, it being understood and agreed that the aforesaid covenants and agreements shall run with the land. Upon transfer of title to Grantor's property, Grantor shall be released from all obligations in this Deed, and the new owner shall succeed to all obligations of Grantor hereunder; provided that Grantor shall continue to be bound by the waiver and release specified in the third paragraph of this Deed with respect to the rights or causes of action arising at any time while Grantor is the owner of Grantor's property. Deed of Avigation and Hazard Easement Fresno-Yosemite International Airport Parcel Map No. 2002-26 Page 4 Date: Grantor: P & T INVESTMENTS, LLC a California Limited Liability Company i� By: R ald E. Tooma"anager By: Donald V. Pic ett, Manager (Attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California k ss. County of f D , f � On Q(7�o20 before me, ��y� 9. 6Ji Lbs 11�G7-Xk4 /bate Name and Title of Officer(e.g."Jae Doe,Notary Public") personally appeared J�b/�/f� LC • �()G/1'1�4J /!�h/ Name(s)of Signer(s) c)MAQ V- )E�/c96:7"7-7 personally known to me ❑ 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 DONNA K'-tCStel�n entity upon behalf of w hich the person(s) acted, liftexecuted the instrument. F*■pCanML E*bn ft 17.3MM WITNES my hand and official seal. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document ► / Title or Type of Document: �>E� 4F AVIGAI-XN £' /' A Z EAstM 6_/J7_ P>M.20,2 .24 Document Date: / DG'Tdy Number of Pages: J e Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General Vicinksma 10M ❑ Partner—❑ Limited El General . El Attorney in Fact Top of thumb here El Attorney in Fact ' El Trustee Trustee Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 0 21304 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827 DEED OF AVIGATION AND HAZARD EASEMENT APN: 496 - 230 - 07 (PM 2002-26) FOR CITY OF FRESNO USE ONLY CERTIFICATE OF ACCEPTANCE (Officer) In accordance with Section 27281 of the Government Code,this CERTIFICATE OF ACCEPTANCE (Council) is to certify that the interest in real property conveyed hereby is In accordance with Section 27281 of the Government Code, accepted by the undersigned officers,on behalf of the council of the this is to certify that the interest in real property conveyed by this City of Fresno,pursuant to authority conferred by Resolution No.92- instrument to the City of Fresno,a municipal corporation,is hereby 219A of said Council, adopted June 9, 1992 and the grantee accepted by order of the Council of the City of Fresno made on the consents to the recordation thereof by its duly authorized officer. date hereafter set forth and the grantee consents to the recordation thereof by its duly authorized officer. Director of Public Works ACCEPTED: City By: Date: CI By: Date: /0 k ov Dep Deputy APPROVED ��A,S TO DESCRIPTION: By:�ED ��i Date:12-7-091 CHECKED: By: /i'�/9 Date: APPROVED AS TO FORM: City Attor By: Deputy Deed of Avigation and Hazard Easement ` Fresno-Yosemite International Airport Parcel Map No. 2002-26 Page 6 EXHIBIT "A" DEED OF AVIGATION AND HAZARD EASEMENT Fresno-Yosemite International Airport Parcels A through M, inclusive, of Parcel Map No. 2002-26 according to the map thereof recorded on 42fn 6C ,go , 2009 In Book (oq of Parcel Maps at Pages(s) /4 f /S Fresno County Records. J:\Map docs\Parcel Maps\PM 2002-26\Fresno Yosemite Intemational Airport.PARCEL MAP v07-06-04.wpd ak 7-6-04