HomeMy WebLinkAboutLEGADO AT THE MET LLC (FORMERLY VINEYARD / VDC AT THE MET) (2) Recording requested by:
And when recorded mail to:
Recorded in Official Records, Orange County
City of Santa Ana Hugh Nguyen, Cle►"k-Recorder
Clerk of the Council III! 111111111101111I III!Dill 1lI Ilii, III III 28.00
20 Civic Center Plaza(M-30) * $ R001456 4 4 9 6 $ *
P.O. Box 1988 2023000228684 9:36 am 09/20123
Santa Ana,CA 92702 440 RW1A E01 8
0.00 0.00 0.00 0.00 21.00 0.00 0.000.000.00 0.00
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Return FULLLY EXECUTED Space above this line for Recorder's use
Copy to COTC, M-30 A-2015-084-01
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ASSESSOR PARCEL NUMBER(APN): [411-074-03 Parcel 11
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GRANT OF NON-EXCLUSIVE SURFACE & OVERHEAD AVIGATION EASEMENT
RECITALS
1. Legado at the Met 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 200 East First American Way, 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, in the navigable airspace of the United States (as defined
at 49 U.S.C. § 40102(a)(32)) ("Navigable Airspace"); and
4. This Avigation Easement, and the covenants and agreements contained herein, is
intended to benefit the Grantor, the Subject Property, and the City of Santa Ana; 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:
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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,
fuel 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 full 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 or its predecessor(s) in interest in or applicable to the Subject Property, all of which
easements, rights, interests, and any remedies related thereto are expressly reserved by the City, if
applicable.
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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 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 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 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.
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. 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 the City of Santa Ana, a
charter city and municipal corporation organized and existing under the Constitution and laws of the
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State of California.
16. 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 2-3 day of U &.J 5 T ,2023.
GRANTOR
�
LEGADO AT THE MET LLC
By:
(St-nature)
GzuLEia
(Print Name)
Title: G (Z
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ACKNOWLEDGMENT
(FOR USE BY LEGADO AT THE MET 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 LO5
e.� Zb� before me,, eFll NT110ft s I-u b, ,v o-I-A. 2� FvC1 Lc
On �u Qu s f Z3
(insert name and title of the officer)
personally appeared (�J(� f Z t, - Z u k I(2
who proved to me on the basis of satisfactory evidence to be the person*)whose name(s)is/are
subscribed to the within instrument and acknowledged to me that he/sle/they executed the same in
his/her/t1106 authorized capacity(i0s1, and that by his/her/tbeir signature(.') on the instrument the
person(s), or the entity upon behalf of which the person(s'j 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.
WITNESS my hand and icial se
GARY THOMAS LUBIN
Hi=: Notary Public-California
€ _ Los Angeles County
�' yr�!• Commission#2359177 r
(Seal) �,F0." My Comm.Expires May 26,2025
Signature
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A-2015-084-01
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 I I Y/ P-3 ,
2023, from Legado at the Met 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 11 day of , 20 13 .
APPROVED AS TO FORM: CITY OF SANTA ANA
Sonia R. Carvalho
City Attorney
By: �.� .., By:
John e Funk Kristi Ridge
Chief Assistant City Attorney City Manager
By:
Je er Hall
CiyC
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ACKNOWLEDGMENT
(FOR USE BY CITY OF SANTA ANA)
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 S - it-i )10.3 before me, Mk( NI I Dit 5R-f r Iv oit} public,
Ny (insert name and title of the officer)
personally appeared K�r�stir1Q, d 9 e. ,
who proved to me on the basis of satisfactory eviden e to be the personssr)whose name( 'is/are subscribed to the
within instrument and acknowledged to me that /she/thy executed the same in big/her/their authorized
capacity), and that by l}s/her/th, 1r signature)on the instrument the personj), or the entity upon behalf of
which the person(,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.
WITNESS my hand and official seal.
a, .r.'., H0aLLI NICOLE SAFRAN
!!4 Notary Yuhiic-Ca�ifornia
Commission=2427750
Signature E :,:t*:itOfkA. .. (Seal) �M y Comm.Expires Nov 22,2026
EXHIBIT "A"
LEGAL DESCRIPTION- SUBJECT PROPERTY
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA ANA, IN THE
COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL A:
PARCEL 1 OF PARCEL MAP NO. 2017-157, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 411, PAGES 45 THROUGH 48,
INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL B:
A NON-EXCLUSIVE RECIPROCAL EASEMENT FOR VEHICULAR INGRESS, EGRESS AND ACCESS,
AS SET FORTH IN THAT CERTAIN DECLARATION AND GRANT OF EASEMENTS RECORDED APRIL
9, 1998 AS INSTRUMENT NO. 19980210011 AND IN THAT CERTAIN AMENDED AND RESTATED
DECLARATION
AND GRANT OF EASEMENTS RECORDED APRIL 15, 1998 AS INSTRUMENT NO. 19980222444, AND
IN THAT CERTAIN AMENDED AND FULLY RESTATE4D RECIPROCAL EASEMENT AGREEMENT
RECORDED NOVEMBER 11, 2004 AS INSTRUMENT NO. 2004001056213, ALL OF OFFICIAL RECORDS
OF ORANGE
COUNTY, CALIFORNIA.
EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN PARCEL A HEREINABOVE
DESCRIBED.
PARCEL C:
AN EASEMENT FOR THE CONSTRUCTION, INSTALLATION, MAINTENANCE AND REPAIR OF A
STORM DRAIN AND RELATED IMPROVEMENTS, AS SET FORTH IN THAT CERTAIN STORM DRAIN
EASEMENT AND MAINTENANCE AGREEMENT RECORDED APRIL 18, 2005 AS INSTRUMENT NO.
2005000291720 OF
OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA.
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