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RECORDING REQUESTED BY AND (THIS SPACE FOR RECORDER'S USE ONI Y)
<br /> WHEN RECORDED,RETURN TO
<br /> CITY CLERK S OFFICE
<br /> CITY OF REDLANDS
<br /> P O BOX 3005
<br /> REDLANDS CA 92373
<br /> AVIGATION EASEMENT
<br /> Redlands Pioneer, LLC, a Delaware limited liability company , (hereinafter called "Grantor") is
<br /> the owner in fee of certain real property located in the City of Redlands, County of San Bernardino, State
<br /> of California, and which is more particularly described in Exhibit "A" and shown on Exhibit"B"attached
<br /> hereto and incorporated herein by this reference, (hereinafter the "Servient Tenement ")
<br /> For valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor
<br /> for itself, its heirs, administrators, executors, successors and assigns, does hereby grant and convey to the
<br /> City of Redlands, California(hereinafter "Grantee"), its successors, assigns, lessees, sublessees, licensees
<br /> and invitees, for the use and benefit of the public, an avigation easement appurtenant to the Redlands
<br /> Municipal Airport (hereinafter the 'Dominant Tenement"), for the free and unobstructed passage of all
<br /> aircraft ("aircraft" being defined for the purposes of this instrument as any contrivance now known or
<br /> hereafter invented, used or designed for navigation of, or flight in, the air), by whomsoever owned and
<br /> operated, in the airspace over, through, across and adjacent to the Servient Tenement, together with the
<br /> right to cause in such airspace noise, sound or shock waves, vibrations, odors, fumes, dust, fuel particles,
<br /> smoke,light,thermal waves,air quality changes and other results transmitted from the operation of aircraft
<br /> of all types now known or hereafter designed and used for navigation of, or flight in,the air, by reason of
<br /> any use ancillary or incidental to the operation of the Dominant Tenement and by reason of any operational
<br /> incidental effects thereof, including such as may occur in and from take-off, landing and approach patterns
<br /> into and from the Dominant Tenement until the Dominant Tenement shall be abandoned and shall cease
<br /> to be used for public airport purposes, it being understood and agreed that these covenants and agreements
<br /> shall run with the land
<br /> Grantor, for itself, its heirs, administrators, executors, successors and assigns, does hereby waive,
<br /> and release any right or cause of action which it may now have or which it may have in the future against
<br /> Grantee, its successors and assigns, due to such noise, sound or shock waves, vibrations, odors, fumes,
<br /> dust, fuel particles, smoke, light, thermal waves, air quality changes and other results in said airspace that
<br /> may be caused or may have been caused by the operation of aircraft of all types now known or hereafter
<br /> designed and used for navigation of, or flight in,the air,by reason of any use ancillary or incidental to the
<br /> operation of the Dominant Tenement and by reason of any operational incidental effects thereof including
<br /> such as may occur in and from take-off, land and approach patterns into and from the Dominant Tenement
<br /> This waiver and release includes,but shall not be limited to, claims, known or unknown, foi damages for
<br /> physical or emotional injuries, discomfort, inconvenience,property damage, death, interference with use
<br /> and enjoyment of property, diminution of property values, nuisance or inverse condemnation, or for
<br /> I\ca\djm\Easement Documents\Avigahon Easement"I ract 18979 docx I
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