HomeMy WebLinkAbout22 FMAP-0602-2022 20221216 2000-054272 avigation easementDoc No: 2000-054272 Rpt No: 00071705
Official Records ;NF -1 0.00
San Luis Obispo Co.
Julie L. Rodewald
Recorder
Sep 21, 2000
Time: 16:26
I
RECORDING REQUEb IED by ASO
WHEN RECORDED RETURNrO[ �Oj ;TOTAL 0.00
Cn Cl.EBK
IN THE BOARD OF SUPERVISORS
l'001,11 Y OF SAN LUIS OBISPO, STATE OF CALIFORNIA
Tuca day September 19 _ 11100
PRP.SF.N'I': Supervlsuts Harry I.. Ovltt, Shirley Bianchi, K.N. "Katchu" Aclladllun,
Mtehael P. Hyatt and Chairperson ('eg Pfnerd
ABSENT: None
RESOIAJ'I'ION No. 2000- 1N f
RESOLUTION ACCEPTING AVIGAI'ION FASENILN'1
FROM A'FOLL IIOLBINGS INC., A CALIFORNIA CORPORATION
I It, 1'ulluanlg Resululion is hereby oflired and read'.
WHEREAS, (he Comely has lied of avlgalluu escnlenl, ill the ,¢m11y of the Sail I un
Mill,, ('ountyAllpnl I (011I,96I, IN.A), and.
Will R1 AS Alull Iluldwgi Its, . a l aldulnld l ulpulauou, has ,abuuuc(I n ll,Hnucd
.n I(ydlun CMcmret It Ill olmIs III Illc utIll ll ullhC San I list )blip,,,, ( oWll) .AI(Iwl I. lu Iill ):)laic
:I Sdn I ,,, I )1.11 , dell d li In Ill, public IllL [III that aald dclhallnn eav'lllwl be III old:'d
NO\%, Illy RFFORF,11F, I ' lit' Sill .\'F ITANDORIIF. RP Irby Nm Ifu.Inl ul SIq,L 1, r,ul
.I Ill, I o ,it% L:l b.m I ul> I IhlNu,. Aldt, ..I( ahl,,uud, d, Inllua,
1. I h.e Ili' Ir, Ilal, ad lollll Ilclolu ah,:lc a11 it", will' I aed land
_. I hA Hit .I, ".idol, c.nrMall Ilea) 41' ILI 11 ((I ' IInu. \l01111:dduq"
I
he a 1 nhlnl uld 1 ,Ilpolnlloll, It, III,' ( onIIIN of S.lu I lit, 1IhI :pL,, nln, oI III III' lane III Ibr .I, I ill IhC
".w I IIn I qq I:,,( "na) \I:p,:n,b..lu,I IIICb,nL„pl,,[ Lr Ili,(:I,Ia`, ill I,m, l lln lll:hFn ul ill,'
li : u. „ I i,IIL In Ill d: n an:, Ill .IIIJ, L, d b, I, 1" •u.u%, d I ,tubll " \.' ,Ju, h I lu,,:l Ili ",Ill d h, I. "11"
1 IL.II lit, 1 uald) ul Sol, I III'. ()b, It' hn.h1 Lull',: W'. to lie IQ rn dhnll ill ,.Ill
.I)Irauon Laulurinnullthr('uuu,(I'll I,,old,IIA'.w, l I"IA" I, "I .,Ill de, L I' I:
id .,ud al p'.lh:m lit.nunn m'h: 1.m I Ill . I Ihnpu t Lmnl, 14n oldcl'i All Ill Ill IL, uW,
Upon mollon of Supervisor Kya'I , seconded by Supervlsm
nv Et t , and on the following role call vote, to -wit.
AVES:tiupervlsura Pyaa• tivltt, Blunchl, Achadllan, CLalrpersun Huard
NOES: None
ABSENT None
ABSTAINING: None
the foregoing I'CSnitlion is hereby adopled.
Chaiipersdrt of the Board of Supervisors
MA MST:
JULIE L. ROIJEMALD
Clerk ofthe Board ol'S pervisors
Deputy Clurk
SEA .1
%'PROVED AS'10 FORM AND 131GAL EFFECT:
JAMES II. LINIIHOLM, JR.
l'ouoly 1'auuxl
IN
I I�pulV fl Inlyl musol
STATE OF CALIFORNIA �)ss
;l)UNn' (.r SAN LUIS 01100 )
I.JULIEL II0L' AIAI!),C0' ' 1" 4a':►�tapovi
vIIIII, i"lull rLiuld :I' tKId6,17.'I 'ihn B'�nl ,
� cl SaradsacVhnrbil. do's'. -w.IL thoNd'.�
It All arld
Pclelyd If. 'Nu nII"IIIIJ'. L! n1.. I'1Ffd Li bu;..I 1
boro, ,nd now pr4mmiki l"60 y IIIY uttbs.
Witness. I+A�9linA �'O� yq �rd ut �
s.
!tulrwlsMs LiAsCD
;:.��
� A:r
C�I�/� : irkl • :. i ,: IG.'NGW f islk
alilfoardp!��-~ '
RECORDING REQUESTED BY Exhibit "A"
SAN LUIS OBISPO COUNTY
WHEN RECORDED, RETURN TO:
Director of Planning d Building
County Government Center
San Luis Obispo, California 93408
ATTN: Development Review
APN(8): 004,962,018 3LO CITY PERMIT
ATOLL HOLDINGS, INC.
No lee Document
(Public Entity Grantee, Government Code Section 27383)
For a valuable consideration, receipt of which is hereby acknowledged, Atoll Holdings Inc., a California Corporation,
hereinafter referred to as "Orantor(s)", HEREBY GRANT(S) TO the County of San Luis Obispo, a political subdivision of the
State of California, hereinafter referred to as "County', for the use and benefit of the public, a perpetual and assignable
easement and rlghtobwey, and nerlsin rights appurtenant to said easement as hereinafter set forth, In, on and over the
following described real property situated In the County of San Luis Obispo, State of California, In which Orantods) hold(s) a
fee simple estate, lying above. In whole or In pad, the horizontal limits of the civil airport Imaginary surfaces described in
Federal Aviation Regulations, Pad 77.25 (14 CFR 77.25), as applicable to the San Luis Obispo County Airport, situated In the
County of San Luis Obispo, State of California, hereinafter referred to as "Airport", which parcel of real property Is described
as follows:
Parcel A of Parcel Map No. $1.0-77.272In the City of Son Luis Obispo, County of San Luis Obispo, State of California,
according to map recorded August 11, 1978 In Book 26, Page SS of Parcel Maps, In the Office of the County Recorder of said
County.
That portion of said real property lying below the Imaginary Surfaces described above Is delineated by hatched lines on the
map attached hereto as Exhlblf A and Incorporated by reference herein as though sal forth In full.
(Continued following page)
STATE OF CALIFORNIA ) On thin 30th_- day of __Aulunt_ _ , in the year zoo(t before
)SS me, _ Laurie .tan Richards a Notary public„
COUNTY OF SAN LUIS OBISPO ) personally appeared _Mike Kee, Mlshala Bow end. -
_ -_-- Hank_ Harbere _ _ -- — --_—_-_, personally
known to me (or proved to me on the basis of satisfactory
evidence) to he the persons) whose names) r subscribed
AuhLAURIE JAN RICHARD to the within Instrument and acknowledged.. to me that,
p COMM uaausa ; heishatithey executed the some In-it"Aheirr authorized
M04FV IUauC LIUIOI,N,1 Il
wrc nWSMII.S OCou.".amd capecity(les), and that by Me/hefhhsl signature(@) on the
Instrument the person(s) or the entity upon behalf of which the
(SEAL) perenn(s) acted, executed the Instrument `
Witness my hand end official seal ,rl,,l/J`►
l ( I{1cE ir�J.Notnryfub��
APN(S): 004,962,018 FILE NO: SID CITY PERMIT
(Page 2)
IT IS AGREED by Grantor(s) that he/they shall not hereafter erect, enlarge or grow, or permit the erection,
enlargement or growth of, or permit or suffer to remain, any building, structure, or other object, or any tree,
bush, shrub or other vegetation, within or Into the airspace above sold Imaginary Surfaces overlying sold real
properly.
IT 18 FURTHER AGREED by Grantor(s) that the easement end rights hereby granted to County are for the
purpose of insuring that said Imaginary Surfaces shall remain free and clear of any building, structure or other
object, and of any tree, bush shrub or other vegetation, which Is or would constitute an obstruction or hazard to
the flight of aircraft lending at and/or taking oft from said Airport. These rights shall Include, but not be limited
to, the following:
1. The continuing and perpetual right of County, at Grantor(s)'sole cost and expense, to cut off, trim,
and/or prune those portions of any tree, bush shrub and/or other vegetation extending, projecting or
Infringing Into or upon the airspace above said Imaginary Surfaces.
2. The continuing and perpetual right of County, at Grantor(s)' sole cost and expense, to remove, raze
or destroy those portions of any building, structure or other object, Infringing, extending or
projecting Into or upon sold Imaginary Surfaces.
9. The right of County, at Grantor($)' sole cost and expense, to mark and light, as obstructions to air
navigation, any building, structure or other object, any tree, bush, shrub or othor vagetation, that may
at any time Infringe, project or extend Into or upon said Imaginary Surfaces.
4. The right of County for Ingress to, egress from, end passage on or over said real property of
Grontor(s) for above purposes. County shall exercise sold right of Ingress and egress only after
County gives Grantor(s) twenty-four (24) hours notice of County's Intent to enter Grantors) property.
County shall not be precluded from exorcising Its right of Ingress and egress by the failure of
Grantor(s) to receive notice If County has made a reasonable effort to notify Grantor(s). If, in the
opinion of the Airport manager, an obstruction or hazard exists within or upon sold Imaginary
Surfaces overlying sold reel property, which create@ an Immediate danger to the flight of aircraft
landing at and/or taking off from the Airport such that Immediate action Is necessary, County may
exercise Its right of Ingress and egress for the above purposes without notice to Grantor(s).
6. The right of flight for the unobstructed passages of aircraft, for the use end benefit of the public, In
the airspace above said Imaginary Surfaces, together with the right to cause In or about said
airspace such noise, light, electromagnetic emissions, vibrations, fumes, dust, fuel particle$, and all
other effects as may be Inherent In the navigation or flight of aircraft now or hereafter used or known,
using sold airspace for landing at, taking off from, or operating from, to, at, on, or over said Airport.
r
(continued following Paso)
APN(S):004,582,018 FILE NO:SLO CITY PERMIT
(Pape 3)
The easement granted herein and all rights appertaining thereto are granted unto the County, Its successors
end assigns, unfit said Airport shall be abandoned and ceased to be used for airport purposes.
IT 18 UNDERSTOOD AND AGREED by Grantor(@) that this easement and the covenants and restrictions
contained heroin shall run with the land described above and shall be binding upon the heirs, successors and
assigns of Orsntor(s). For purposes of this Instrument, the above -described real property shall be the servient
tenement and the Airport shalt be the dominant tenement.
Dated: r [i
GRANTOR(S):
Atoll Holdings Inc., a California Corporation
By:
�2�5
fie:
By:
Its:
TRUST DEED BENEFIT
and/or MORTGAGEES
Mid State Bank /
Its:
By:
Its:
APN(E):004,9e4,019
MAP
oRcurr MD.
FILE NO:SLO CITY PP,RMIT
RECORDING REQUESTED BY
SAN LUIS OBISPO COUNTY
WHEN RECORDED, RETURN TO:
Director of Planning 6 Building
County Government Center
San Luis Obispo, California 93408
ATTN: Development Review
APN(S):004,962,018 SLO CITY PERMIT
ATOLL HOLDINGS, INC.
GRANT Of AVIGATION EASEMENT
No fee Document
(Public Entity Grantee, Government Code Section 27383)
For a valuable consideration, receipt of which Is hereby acknowledged, Atoll Holdings Inc., a California Corporation,
hereinafter referred to as "Grantor(*)", HEREBY GRANT(S) TO the County of San Luis Obispo, a political subdivision of the
State of California, hereinafter referred to as "County", for the use end benefit of the public, a perpetual and assignable
easement and right-of-way, and certain rights appurtenant to sold easement as hereinafter set forth, in, on and over the
following described real property situated In the County of San Luis Obispo, State of California, in which Grantor(*) hold(s) a
fee simple estate, lying above, In whole or in part, the horizontal limits of the civil airport imaginary surfaces described in
Federal Aviation Regulations, Part 77.28 (14 CFR 77.25), as applicable to the San Luis Obispo County Airport, situated In the
County of San Luis Obispo, State of California, hereinafter referred to as "Airport", which parcel of real property is described
as follows.
Parcel A of Parcel Map No. SLO-77.272In the City of San Luis Obispo, County of San Luis Obispo, State of California,
according to map recorded August 11,1918 In Book 20, Page 88 of Parcel Maps, In the Office of the County Recorder of said
County.
That portion of sold real property lying below the Imaginary Surfaces described above Is delineated by hatched lines on the
map attached hereto as Exhibit A and Incorporated by reference herein as though set forth In full.
(Continued following patio)
�'A
STATE OF CALIFORNIA ) On this d y of in the year LPS before
)SS me, ^t / TL__ a Notary Public,
COUNTY OF SAM#YI0400BPO ) personally appeared f� f
personally
known 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
capacily(ies), and that by hislher/their signature(s) on the
instrument the person(s) or the entity upon behalf of which the
(SEAL) person(s) acted, executed the instrument
in A'Ovid Witness trey hand and official $dl 1. 1�
comminion a t 179659 �/
No"yy Public - ail itin;n , , ,
rlos Ang vi Cc jr _f -•--f-`— �1_-,__�.% w-- � Notary Public\\
APN(S): 004,962,018 FILE NO: SLO CITY PERMIT
(Page 2)
IT IS AGREED by Grantor(s) that he/they shall not hereafter erect, enlarge or grow, or permit the erection,
enlargement or growth of, or permit or suffer to remain, any building, structure, or other object, or any tree,
bush, shrub or other vegetation, within or into the airspace above said Imaginary Surfaces overlying said real
property.
IT IS FURTHER AGREED by Grantor(s) that the easement and rights hereby granted to County are for the
purpose of Insuring that said Imaginary Surfaces shall remain free and clear of any building, structure or other
object, and of any tree, bush shrub or other vegetation, which Is or would constitute an obstruction or hazard to
the flight of aircraft landing at and/or taking off from said Airport. These rights shall Include, but not be limited
to, the following:
1. The continuing and perpetual right of County, at Grantor(s)' sole cost and expense, to cut off, trim,
and/or prune those portions of any tree, bush shrub and/or other vegetation extending, projecting or
Infringing Into or upon the airspace above said Imaginary Surfaces.
2. The continuing and perpetual right of County, at Grantor(s)' sole cost and expense, to remove, raze
or destroy those portions of any building, structure or other object, Infringing, extending or
projecting Into or upon said Imaginary Surfaces.
3. The right of County, at Grantor(s)' sole cost and expense, to mark and light, as obstructions to air
navigation, any building, structure or other object, any tree, bush, shrub or other vegetation, that may
at any time Infringe, project or extend into or upon said Imaginary Surfaces.
4. The right of County for Ingress to, egress from, and passage on or over said real property of
Grantor(s) for above purposes. County shall exercise said right of Ingress and egress only after
County gives Grantor(s) twenty-four (24) hours notice of County's Intent to enter Grantor(s) property.
County shall not be precluded from exercising Its right of Ingress and egress by the failure of
Grantor(*) to receive notice if County has made a reasonable effort to notify Grantor(s). If, in the
opinion of the Airport manager, an obstruction or hazard exists within or upon said Imaginary
Surfaces overlying said real property, which creates an immediate danger to the flight of aircraft
landing at and/or taking off from the Airport such that Immediate action is necessary, County may
exercise Its right of Ingress and egress for the above purposes without notice to Grantor(s).
5. The right of flight for the unobstructed passages of aircraft, for the use and benefit of the public, in
the airspace above said Imaginary Surfaces, together with the right to cause in or about said
airspace such noise, light, electromagnetic emissions, vibrations, fumes, dust, fuel particles, and all
other effects as may be inherent In the navigation or flight of aircraft now or hereafter used or known,
using said airspace for landing at, taking off from, or operating from, to, at, on, or over said Airport.
/n I\
(Continued following page) `
APPI(S):004,982,018 FILE NO:SLO CITY PERMIT
(Page 3)
The easement granted herein and all rights appertaining thereto are granted unto the County, Its successors
and assigns, until said Airport shall be abandoned and ceased to be used for airport purposes.
IT IS UNDERSTOOD AND AGREED by Grantor(s) that this easement and the covenants and restrictions
contained herein shall run with the land described above and shall be binding upon the heirs, successors and
assigns of Grantor(s). For purposes of this Instrument, the above -described real property shall be the servient
tenement and the Alrport shall be the dominant tenement.
Dated:
GRANTOR(S):
Atoll Holdings Inc., a California Corporation
By:
Its:
Its: 7eCr77t� c
_ Z
TRUST DEED BENEFICIARIES
and/or MORTGAGEES
Mid State Bank
By:
Its:
By:
Its:
. Y\
APN(8):004,982,018
18
IX04AC.
A
FILE NO:SLO CITY PERMIT II
EXHIBIT A
`981
SOUrHWpOO
zo
767 AC.
<96
3.254 AC.
B
ORCUTT RD.
J""' " END OF DOCUMENT