HomeMy WebLinkAboutRHW HOLDINGS, LLCINSURANCE NUI RLQLHRED
WORK NAY PROCEED Return ORIGINAL
JUN 0 9 2021 CLERK'OFCOUNfill executed copy toCOTC,
M-30
DATE:
Free 1Mb}tlmg Pursuant to Government Code § 27383
Recording requested by:
And when recorded mail to:
City of Santa Ana
Clerk of the Council
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702
0'. P18 �1) (Berry &VAara) La
N-2021-050
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
11111111111IIIII 11111II11111111IEI1111111IIIIIIIII1111111111111111 NO FEE
*$ R 0 0 1 2 9 0 6 7 2 4 8*
2021000392592 4:30 pm 06114121
9 RWIlA G07 A04 9
0.00 0.00 0.00 0.00 24.00 0.00 0.000.000.o0 0.00
Space above this line for Recorder's use
ASSESSOR PARCEL NUMBER (APN): [430-222-07 and 430-222-161
GRANT OF NON-EXCLUSIVE AVIGATION EASEMENT
RECITALS
1. RHW Holdings, LLC, a California limited liability company ("Grantor"), is sole
owner of the fee simple estate in and to that certain real property situated in the County of Orange,
State of California, commonly described as: 2300 South Red Hill Avenue, Santa Ana, California;
2310 South Red Hill Avenue, Santa Ana, California; and 2320 South Red Hill Avenue, Santa Ana,
California, and more particularly described on attached Exhibit "A" (the "Subject Property");
2. It is the desire of Grantor to grant to the City of Santa Ana ("City") an air and
avigation easement, also known as a perpetual air, flight, or noise easement, on, upon, over, across,
and above the Subject Property, to all of the Navigable Airspace (defined below) above the Subject
Property, whereby Grantor relinquishes certain rights relative to the Subject Property, as described
in this Avigation Easement;
3. The purpose of this Avigation Easement, and its acceptance by the City, includes
permitting the unencumbered and unrestricted flight of aircraft to or from John Wayne Airport
("Airport" or "JWA"), without liability to the City of Santa Ana, the land use jurisdiction within
which the Subject Property is located, to the aircraft operator, or to any other person lawfully
operating aircraft to or from JWA in the navigable airspace of the United States (as defined at 49
U.S.C. § 40102(a)(32)) ("Navigable Airspace") (collectively `Beneficiaries"); and
4. This Avigation Easement, and the covenants and agreements contained herein, is
intended to benefit the Grantor, the Subject Property, the City of Santa Ana, and all users of JWA;
shall run with the land; and shall be binding on Grantor; Grantor's successors, heirs, and assigns;
and on all future owners, occupants and users of the Subject Property.
NOW, THEREFORE, for valuable consideration, receipt of which is hereby acknowledged:
WARRANTIES AND COVENANTS
5. Grantor holds the entire fee simple interest in the Subject Property.
6. Grantor shall not convey its interest in the Subject Property, or execute, deliver,
comply or permit recordation of any interest in the Subject Property, or any lien or encumbrance
against the Subject Property (or any interest therein) until the earlier of the following events: (i) this
Avigation Easement has been properly executed by Grantor, accepted by the City, and recorded by the
Orange County Recorder; or (ii) thirty (30) days have elapsed after Grantor has delivered this Avigation
Easement to the City, properly and fully executed and notarized, a complete and accurate application
form, and true and correct copies of all associated documents identified in the instructions provided to
Grantor with this form of Avigation Easement.
7. If the person executing this Avigation Easement is other than the Grantor, the person
executing this Avigation Easement, or his or her attorney, has represented in documentation, separate
from this grant, to the City that the person is duly and lawfully authorized by Grantor to relinquish
certain rights relative to the Subject Property, as described in this Avigation Easement.
GRANT OF AVIGATION EASEMENT
8. Grantor, individually and for its successors, assigns, and other persons using the
Subject Property with the implied or express consent of Grantor, hereby grants, conveys and assigns to
the City, and to its successors and assigns, a perpetual non-exclusive avigation easement and right of
way for the purposes of aircraft operations, aircraft sound and noise, aircraft hazard, and aircraft
avigation and flight in, to, over and through all Navigable Airspace above the Subject Property as well
as the imposition in, on, over and upon the Subject Property of noise, vibration, illumination, fumes,
ftiel particles, dust, discomfort or other environmental effects incident to such aircraft operations, and
any and all annoyance, inconvenience, or other interference with or damage to the use and enjoyment
of the Subject Property and such other property as may be present therein, and any consequent reduction
in market value of the Subject Property, all due to the operation of aircraft to and/or from JWA. For
purposes of this Avigation Easement, the term "aircraft" shall mean any contrivance now known or
hereafter invented, used or designed for navigation or flight in the air.
9. The Avigation Easement is for the use of such Navigable Airspace by any aircraft
during operations to or from JWA present or future, in whatever form or type, including any future
change to or increase in the JWA's boundaries and/or in the volume or pattern of aircraft traffic or
aircraft noise, by all existing or future types of aircraft, up to and including a fall calendar year noise
impact as measured by Cumulative Noise Equivalency Level. This includes imposition on the surface
of the Subject Property and on any and all structures on the Subject Property of such noise, vibration,
fumes, fuel particles and other particulate matter, dust, discomfort or other environmental effects
incident to such aircraft operations and any and all resulting annoyance, inconvenience, or other
interference with the use and enjoyment of the Subject Property and any consequent reduction in
market value.
10. It is expressly intended by Grantor and the City that this Avigation Easement shall
not supersede or impair any existing prescriptive, avigation, or other easements, rights, or interests
of the City, its predecessor(s) in interest, or any other Beneficiary, in or applicable to the Subject
2
Property, all of which easements, rights, interests, and any remedies related thereto are expressly
reserved by the City and all other Beneficiaries, if applicable.
11. In furtherance of this Avigation Easement, and rights herein granted, Grantor and
its successors, and assigns, hereby covenant at all times hereafter, that it/they will not cause or allow
any electronic or other transmissions or emissions, glare, misleading lighting, smoke, dust, visual
impairments, or other hazards to the Navigable Airspace to exist on the Subject Property, and will
not erect or grow, or allow to be erected or grown, any obstruction to the Navigable Airspace on
the Subject Property which would conflict or interfere with or infringe on the City's or other
Beneficiaries' rights herein granted. Grantor, individually and for its successors, assigns, and other
persons using the Subject Property with the implied or express consent of Grantor, further grants,
conveys and assigns to the City, and to its successors and assigns, a continuing right of entry onto
the Subject Property, at reasonable times and after reasonable notice, for the purpose of removing,
marking, or lighting any structure or other object that enters into the Navigable Airspace above the
Subject Property, or otherwise conflicts or interferes with or infringes on any of the rights granted
to the City or other Beneficiaries under this Avigation Easement.
12. Subject to the provisions set forth above, the rights, easements, benefits,
restrictions, covenants and agreements granted herein, including this Avigation Easement, shall
continue notwithstanding any increase or other change in the boundaries, volume of operations,
noise, or pattern of air traffic at JWA. This Avigation Easement may not be modified, amended,
terminated, or abandoned except by execution and delivery of an instrument executed and
acknowledged by the City, or its authorized agents, successors, or assigns, and Grantor agrees
that, in the absence of such an instrument, no conduct by the City, or is agents, successors and
assigns, or increase, diminution, or change in use of this Avigation Easement, shall constitute
an overburdening of this Avigation Easement or a termination or abandonment of this
Avigation Easement.
13. The parties to this Avigation Easement acknowledge and agree that the
easement, and all the rights, easements, benefits, restrictions, covenants and agreements set forth
herein shall run with the land of the Grantor and the Airport, and any successor or assign of the
Grantor who acquires any estate or interest in or right to use the Subject Property shall be bound
by this Avigation Easement for the benefit of the City of Santa Ana, JWA, and its agents,
successors and assigns, including, without limitation, all users of JWA. The parties to this
Avigation Easement further acknowledge and agree that the easement, and all the rights,
easements, benefits , restrictions, covenants and agreements set forth herein shall be deemed to be
in gross, being conveyed to the City for the benefit of the City and any and all members of the
general public who may use said easement or right-of-way in landing at, taking off from, or
operating aircraft to and/or from JWA.
14. Grantor, together with its successors and assigns, hereby waives its right to legal
action against the City, and its successors and assigns, for monetary damages or other redress due
to impacts described in this Avigation Easement, including but not limited to those impacts
described in Paragraphs 8 and 9, above, that result from aircraft operations to and/or from JWA in,
to, over, and through the Navigable Airspace above the Subject Property.
15. Nothing within this Avigation Easement shall operate to deprive the Grantor or its
successors, assigns, and other persons using the Subject Property now or in the future from any
rights which they may from time to time have against any air carrier or private operator for negligent
or unlawful operation of aircraft.
16. This Avigation Easement constitutes an enforceable restriction pursuant to the
provisions of California law, including, but not limited to, Section 21652 of the California Public
Utilities Code, and shall bind Grantor, and its successors and assigns, and each and all of them, and shall
be appurtenant to, and for the benefit of the real property commonly known as JWA, which is more
particularly described in Exhibit "B," attached hereto.
17. In the event that any one or more covenants, conditions, rights or other provisions
contained in this Avigation Easement is held to be invalid, void or illegal by any court of competent
jurisdiction, the same shall be deemed severable from the remainder of this Avigation Easement
and shall in no way affect, impair, or invalidate any other covenant, condition, right or other
provision contained in this Avigation Easement.
Dated this I L day of r'l 4 —� , 2021.
GRANTOR
R,J3W
By: ( HOLDINGS, LLC:
//- Z
(Signature)
(Print Name)
Title: o1A `N - s.'� S /kef.Pe-�
4
ACKNOWLEDGMENT
(FOR USE BY RHW HOLDINGS, LLC)
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of Orange
On WVAV iv Z before me, Jr'C&A\Tl C61G ld�, 1AO_� F\J V %C.,•
(i (inseA name and title o he officer) J
personally appeared L�l �(,S D � ese Up—e,,
who 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 entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNES`
Signature
LINOIEV ANN ENSIGN
� Notary �utllc - Qllfprnp
OonSe (aunty
Commission p 2254b64
My Cymm. Eapirm Aug 17, 2021
N-2021-050
CERTIFICATE OF ACCEPTANCE
In accordance with Section 27281 of the California Government Code, this is to certify that the
interest in real property conveyed by this Grant of Avigation Easement, dated May 14`h, 2021, from
RHW Holdings, LLC, a California limited liability company to the CITY OF SANTA ANA, a charter
city and municipal corporation, is hereby accepted by the undersigned officer on behalf of the City of
Santa Ana, pursuant to authority conferred by Ordinance No. NS-2352 of said City of Santa Ana,
adopted June 1, 1998, and the Grantee consents to recordation thereof by its duly authorized officer.
Dated this 4 day of SUnR 120 'V
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By: YI(I6e2' �v
John Mpunk
Senior Assistant City Attorney
CITY OF SANTA ANA
By: ,?
Kristine Ridge
City Manager
<. yN
a �T
i
Daisy Gomez
«` v`
Clerk of the Council
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document, to which this certificate
is attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange )
On June 9. 2021 before me Yesenia Cruz, Notary Public
(insert name and title of the officer)
personally appeared Kristine Ride who proved to me on the basis of satisfactory evidence to be
the whose nam is /fir subscribed to the within instrument and acknowledged to me
that �e/sfie/tKy executed the same in,�Aer/t Ir authorized capacity and that by Fy'IS/Fier/ttpet�
natur sige on the instrument the person�or the entity upon behalf of which the persons acted,
execute the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. YESENIA CRu2
Notary Public - California
Orange County
Commission N 2243542
My Comm. Expires May 21, 2022
(Seal)
EXHIBIT G°A"
LEGAL DESCRIPTION - SUBJECT PROPERTY
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA,
AND IS DESCRIBED AS FOLLOWS:
PARCELS 2 AND 3, AS SHOWN ON A PARCEL MAP FILED IN -BOOK 125, PAGES 45 AND 46 OF PARCEL MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT ANY AND ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS, AND OTHER
HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL, STEAM, AND ALL PRODUCTS DERIVED
FROM ANY OF THE FOREGOING THAT MAY BE WITHIN OR UNDER SAID LAND, TOGETHER WITH THE
PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING, AND OPERATING THEREFOR AND STORING IN AND
REMOVING THE SAME FROM SAID LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR
DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN SAID CONVEYED HEREBY, OIL OR GAS WELLS,
TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LAND HEREINABOVE
DESCRIBED AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND
SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL,
EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES WITHOUT, HOWEVER, THE
RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF
THE SUBSURFACE OF LAND, AS RESERVED IN THE DEED FROM THE IRVINE COMPANY, A MICHIGAN
CORPORATION, SUCCESSOR BY MERGER WITH IRVINE INDUSTRIAL COMPLEX, RECORDED NOVEMBER 21,
1978.
ALSO EXCEPT ANY AND ALL WATER, RIGHTS OR INTERESTS THEREIN, NO MATTER HOW ACQUIRED IN
CONNECTION WITH OR WITH RESPECT TO SAID LAND, TOGETHER WITH THE RIGFIT AND POWER TO EXPLORE,
DRILL, REDRILL, REMOVE AND STORE THE SAME FROM THE LAND OR TO DIVERT OF OFFICIAL RECORDS
OTHERWISE UTILIZE SUCH WATER, RIGHTS OR INTERESTS ON ANY OTHER PROPERTY OWNED OR LEASED BY
GRANTOR, WHETHER SUCH WATER RIGHTS SHALL BE RIPARIAN, OVERLYING, APPROPRIATIVE,
PERCOLATING, PRESCRIPTIVE, ADJUDICATED, STATUTORY OF OFFICIAL RECORDS CONTRACTUAL; BUT
WITHOUT, HOWEVER, ANY RIGHT TO ENTER UPON THE SURFACE OF SAID LAND 1N THE EXERCISE OF SUCH
RIGHTS, AS RESERVED IN THE DEED FROM THE IRVINE COMPANY, A MICHIGAN CORPORATION, SUCCESSOR
BY MERGER WITII IRVINE INDUSTRIAL COMPLEX, RECORDED NOVEMBER 21, 1978.
APN: 430-222-07 & 16
EXHIBIT "B"
LEGAL DESCRIPTION - JWA PROPERTY
THE REAL PROPERTY COMMONLY KNO WNS AS JWA, WHICH IS MORE PARTICULARLY DESCRIBED AS JOHN
WAYNE AIRPORT, CONSISTING OF APPROXIMATELY 504 TOTAL ACRES IN THE UNINCORPORATED AREA
OF THE COUNTY OF ORANGE, STATE OF CALIFORNIA, TO, FROM AND ON WHICH AVIATION ACTIVITIES
TAKE PLACE, GENERALLY LOCATED SOUTH OF INTERSTATE 405, NORTH OF STATE ROUTE 73, WEST OF
MACARTHUR BOULEVARD AND CAMPUS DRIVE, AND EAST OF RED HILL AVENUE AND GENERALLY
DEPICTED ON THE ATTACHED PAGE 04 OF BOOK 427 OF THE ASSESSOR'S MAP OF THE COUNTY OF ORANGE,
AND COMPRISED OF ASSESSOR'S PARCEL NUMBERS 427-042-27, 427-042-28, 427-042-29, 427-042-30, 427-042-
31, 427-042-32, 427-042-33, 427-042-34, 427-042-35, 427-042-36, 427-042-37, 427-042-38, 427-042-39, 427-042-40,
427-042-41, 427-042-42, 427-042-57, 427-042-62, 427-042-66, 427-042-67, 427-042-68, 427-042-69, 427-042-70, 427-
042-71, AND 427-042-72.