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Home My WebLink AboutT-5170 - Agreement/Covenant - 2/8/2005 (2) WHEN RECORDED MAIL TO 11111 IN III III IN III IIII IIIII 111 City Clerk FRESNO County Recorder City of Fresno Robert C. Werner 2600 Fresno street DDC— 2004-0062279 Fresno, CA 93721-3603 Acct 1-Financial Title Company (C) Tuesday, MAR 23, 2004 08:00:00 Tt 1 Pd $0.00 Nbr-9001425469 rgr/R7/1-7 NO FEE- Government Code 6103 APN 313-280-55 Entitlement No: Tract No. 5170 DEED OF AVIGATION AND HAZARD EASEMENT Fresno-Yosemite International Airport DEED OF AVIGATION AND HAZARD EASEMENT Fresno-Yosemite International Airport Entitlement No:Tract No. 5170 Page 2 WHEREAS, Synergy-Golden Dawn, 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" . Grantor, 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. DEED OF AVIGATION AND HAZARD EASEMENT Fresno-Yosemite International Airport Entitlement No: Tract No. 5170 Page 3 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 structure, object, tree, or other vegetation to remain, on the Grantor's property which encroaches upon or extends 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 manner as to create electrical interference with radio communication to or from 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 Entitlement No: Tract No. 5170 Page 4 / Date: Grantor(s): Synergy-Golden Dawn,LLC, a California Limited Liability Company Daniel L. Sabah, Managing Member (Attach Notary Acknowledgment) (Attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Fresno On February 4,2004 before me,F.TAMASHIRO DATE NAME,TITLE OF OFFICER" personally appeared DANIEL L. SABAH NAME(S)OF SIGNER(S) 0 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 acknowledge 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 F.TAMASHIR0 j instrument the person(s), or the entity upon behalf o commission s 1360230 Z which the person(s)acted,executed the instrument. Notary Public-California � Fresno County @pay Comm.E)Vfw Jun 16,20M WITNESS my hand and official seal SIINA ARY OPTIONAL 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 SIGNED DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) DATE OF DOCUMENT ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER(S)OTHER THAN NAMED ABOVE SIGNER IS REPRESENTING: SYNERGY-GOLDEN DAWN,LLC 1 DEED OF AVIGATION AND HAZARD EASEMENT APN: 313 - 280 - 50 (T-5170) FOR CITY OF FRESNO USE ONLY CERTIFICATE OF ACCEPTANCE(Officer) CERTIFICATE OF ACCEPTANCECouncil In accordance with Section 27281 of the Government Code,this 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 Clerk .. By: Date: 3 r By: v Date: 0/19 (04 Jon R. Ruiz Deputy APPRO D AS TO DESCRIPTIO >°GS Nm / By. Date. _ 1�r.• C.f fl��r CHECKED: By: Date: APPROVED AS TO FORM: City A o e By: Deputy e�w0000�.00c ,own SSR FRO LSO No. 4980 * x/13/DS s ��P �4rFOF cAL�F°P DEED OF AVIGATION AND HAZARD EASEMENT Fresno-Yosemite International Airport Entitlement No: Tract No. 5170 Page 6 EXHIBIT "A" DEED OF AVIGATION AND HAZARD EASEMENT (Legal Description - Tract No. 5170) Lots 1 through 56 of Tract No 5170, in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded on ftr=4 .0 , 2004 in Volume__9 of Plats at Page(s) 4 Z �-y$ , Fresno County Records.