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Home My WebLink AboutCT 90-05; LYON COMMUNITIES, INC.; 1991-0628342; Easement( !'-, RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: CITY OF CARLSBAD 2075 LAS PALMAS CARLSBAD, CA 92009 F ,-- J ) ) ) ) ) ) 1486 OFFICIAL RECORDS SAN D-IE60 EOHHTY RECOROER'S OFFICE ANNETTE EVANS, COUNTY RECORDER RF: 4.00 FEES: AF: 3. 00 MF: 1. 00 CF: 5. 50 AIRCRAFT OPERATIONS, SOUND AIR SPACE AND AVIGATION EASEMENT DEED WHEREAS, LYON COMMUNITIES, INC., A CALIFORNIA CORPORATION, HEREINAFTER CALLED THE "GRANTOR", IS THE OWNER IN FEE OF THAT CERTAIN PARCEL OF LAND SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOTS 92 AND 93 OF CITY OF CARLSBAD TRACT NO. 85-35, AVIARA PHASE 1-UNIT C, MAP NO. 12411, HEREINAFTER CALLED "THE GRANTOR'S PROPERTY"; FOR A VALUABLE CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, GRANTOR DOES HEREBY GRANT TO THE COUNTY OF SAN DIEGO, HEREINAFTER REFERRED TO AS "GRANTEE", ITS SUCCESSORS AND ASSIGNS, A PERPETUAL EASEMENT IN GROSS FOR AIRCRAFT OPERATION, AIRCRAFT SOUND AND NOISE, AIRCRAFT AVIGATION AND FLIGHT, HAZARD AND AIR SPACE, REFERRED TO HEREINAFTER, ONE WORD FOR THE ENTIRETY, AS A PERPETUAL, NONEXCLUSIVE AVIGATION EASEMENT IN, TO, OVER AND THROUGH ALL AIR SPACE ABOVE GRANTOR'S PROPERTY, AS PARTICULARLY DESCRIBED HEREINBEFORE, FROM THE SURFACE AND/OR APPROVED STRUCTURES TO AN INDEFINITE HEIGHT ABOVE SAID SURFACE AND/OR APPROVED STRUCTURES. THE GRANTOR HEREIN, ITS HEIRS, ADMINISTRATORS, EXECUTORS, SUCCESSORS AND ASSIGNS, GRANTS THE AVIGATION EASEMENT '1.10 GRAN'rEE, FOR THE USE AND BENEFIT OF THE PUBLIC, INCLUDING THE UNITED STATES ARMED FORCES, FOR THE PASSAGE OF ALL AIRCRAFT ("AIRCRAFT" BEING DEFINED FOR THE PURPOSES OF THIS INSTRUMENT AS ANY CONTRIVANCE NOW KNOWN OR HEREAFTER INVENTED, USED OR DESIGNED FOR NAVIGATION OF OR FLIGHT IN THE AIR) BY WHOMSOEVER OWNED AND OPERATED, TOGETHER WITH THE RIGHT TO CAUSE IN ALL AIR SPACE ABOVE THE GRANTOR'S PROPERTY SUCH NOISE, VIBRATIONS, FUMES, DUST, FUEL PARTICLES AND ALL OTHER EFFECTS THAT MAY BE CAUSED BY THE OPERATION AT OR ON THE MCCELLAN- PALOMAR AIRPORT; AND GRANTOR HEREIN, ITS HEIRS, ADMINISTRATORS, EXECUTORS, SUCCESSORS AND ASSIGNS, DOES HEREBY FULLY WAIVE, REMISE AND RELEASE ANY RIGHT OR CAUSE OF ACTION WHICH IT MAY NOW HAVE OR WHICH IT MAY HAVE IN THE FUTURE AGAINST GRANTEE, ITS SUCCESSORS AND ASSIGNS, DUE TO SUCH NOISE, VIBRATIONS, FUMES, DUST, FUEL PARTICLES AND ALL OTHER EFFECTS THAT MAY BE CAUSED OR MAY HAVE BEEN CAUSED BY THE OPERATING OF AIRCRAFT LANDING AT, OR TAKING OFF FROM, OR OPERATING AT OR ON SAID MCCELLAN-PALOMAR AIRPORT AT, CARLSBAD OR OTHER AIRPORT OR AIR FACILITY WHICH IS OR MAY BE LOCATED AT OR NEAR THE SITE OF MCCELLAN-PALOMAR AIRPORT. c..... ~ G\ o -oc;::" 13.50 ~D~<z, A~'~"'-~ ( .148'1 .£ .M: NOISE 3: 2 OF 2 TO HAVE AND TO HOLD SAID EASEMENT AND RIGHT-OF-WAY AND ALL RIGHTS APPERTAINING THERETO UNTO THE GRANTEE, ITS SUCCESSORS AND ASSIGNS, IT BEING UNDERSTOOD AND AGREED THAT THESE COVENANTS AND AGREEMENTS SHALL RUN WITH THE LAND. THIS EASEMENT IS GRANTED FOR ANY USE BY ANY AIRCRAFT PRESENT OR FUTURE, FROM OR TO THE MCCELLAN-PALOMAR AIRPORT AT CARLSBAD INCLUDING ANY FUTURE CHANGE IN VOLUME OF OPERATION OR NOISE OR PATTERN OF AIR TRAFFIC THEREOF, CONSISTENT WITH A GENERAL AVIATION AIRPORT AND THE AIRPORT'S BOUNDARIES AS INDIC ED BY CARLSBAD'S GENERAL PLAN. DATED: ~ cf /77 / STATE OF CALIFORNIA ) (Corporation Acknowledgment) County of ,5o...n \~ ) · \ 0 . ) ss On th is y day of Def! ember personally kno~n. t~ me ~IOvV'hlWes™68!ha6S~or~o be tw~who executed the within instrum~nt as I. e , Cit: C\ ,. or on behalf of the corporation therein named, and acknowledged to me that such corporation executed it. WITNESS my hand and official seal. \Not~~ 9:rK5,~}fi!Mff2 FD-1F OFFICIAL SEAL LISA ANN FARWELL NOTARY PUBLIC· CALIFORNIA SAN DIEGO COUNlY My Comm. Expires Jan. 26, 1993 (Notary Seal) ( ( FEB I 8 1993 aiouut~ of ~au ~icgo DIRECTOR COUNTY ENGINEER COUNTY AIRPORTS COUNTY ROAD COMMISSIONER TRANSPORTATION OPERATIONS COUNTY SURVEYOR (619) 694-2212 FAX (619) 268-0461 LOCATION CODE S50 DEPARTMENT OF PUBLIC WORKS 5555 OVERLAND AVE. SAN DIEGO. CALIFORNIA 92123-1295 FLOOD CONTROL LIQUID WASTE SOLID WASTE February 17, 1993 City of Carlsbad 1200 Elm Street Carlsbad, CA 92008 Attention: City Engineer Subject: McClellan-Palomar Airport -Avigation Easement Carlsbad Tract 90-05 (AVIARA AREA 7 -UNIT NO. 1 & AVIARA AREA 7 -UNIT NO. 2) The County of San Diego has an avigation easement that affects Carlsbad Tract No. 90-05 (AVIARA AREA 7 -UNIT NO. 1 & AVIARA AREA 7 -UNIT NO. 2). The easement was recorded as Document Number 1991-0628342 C.R. Pursuant to Sections 66436 (a) (3) (A) (i) through 66436 (a) (3) (A) (viii) ·Of the Subdivision Map Act, the signatures of the County of San Diego may be omitted from the title sheet insofar as such signatures may be required because of the abovementioned avigation easement. The failure of the County of San Diego to file an objection to the recording of the map regarding such easements in no way relinquishes any prior rights the County has by said easements. If you have any questions, call Joe Amorelli at 596-3903. Ct~ . MILLER ant Deputy Director JAM:JOR:mw cc: Michael Anderson, Hunsaker & Associates San Diego, Inc., 10179 Huennekens St., Suite 200, San Diego, CA 92121 0 Priated oa recycled paper G"N{i;e,. CT 10-00:.../ f 2-, Co~J<. ( ( DEPARTMENT OF PUBLIC WORKS (619) 694-2212 FAX (619) 268-0461 LOCATION CODE S50 5555 OVERLAND AVE. SAN DIEGO. CALIFORNIA 92123-1295 May 4, 1994 City of Carlsbad 1200 Elm Street Carlsbad, CA 92008 Attention: City Engineer MCCLELLAN-PALOMAR AIRPORT -AVIGATION EASEMENT - CITY OF CARLSBAD TRACT 90-05 AVIARA 7 -UNIT 1 COUNTY ENGINEER COUNTY AIRPORTS COUNTY ROAD COMMISSIONER TRANSPORTATION OPERATIONS COUNTY SURVEYOR FLOOD CONTROL LIQUID WASTE SOLID WASTE The County of San Diego has an avigation easement affects Carlsbad Tract No. 90-05 Aviara 7 -Unit 1. easement is recorded as Document No. 1991-0628342. that The Pursuant to Section 66436 (a) (3) (A) (i -viii) of the Subdivision Map Act, the signatures of the County of San Diego may be omitted from the title sheet insofar as such signatures may be required because of the above mentioned avigation easement. The failure of the County of San Diego to file an objection to the recording of the map regarding such easement in no way relinquishes any prior rights the County has by said easements . . .d'k,:47~ -------~~.~-~£ A~ t,iILL&R~-----------------------~ Assistant Deputy Director JAM:GMP:ny cc: Doug Stroup, Hunsaker & Associates San Diego, Inc. 10179 Huennekens Street, San Diego, CA 92121 0 Priated oa recycled paper EN6tt.. C<)Y<,r( CT 70,05-} \