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Home My WebLink AboutCT 83-19; Lyon/Copley Carlsbad Associates; 1991-0267084; Notice of Restrictione 820 t RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO City of Carlsbad,Ci$ Clerkk O&l e 1200 Elm Avenue Carlsbad, CA 92008 NOTICE CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS C.T. 83-19 This Declaration and Notice concerning Aircraft Environme Impacts is made by Lyon/Copley Carlsbad Associates, L.P., a Califo Limited Partnership, hereinafter ref erred to as the I1OwneP, developer of certain real property situated in the City of Carls County of San Diego, State of California. RECITALS A. The Owner is the developer and holder of the title to cer real property in the City of Carlsbad, County of San Di California, more fully described as: See attached Exh "AI1 . B. The property is located approximately 1.7 miles from (the ltAirportll) , operated by the County of San Diego, thr which are conducted certain aircraft operations on and a said Airport and over real property in the vicinity of Airport - McCellan-Palomar Airport, City of Carlsbad, San Diego Co C. Owner has no control over the operations of the AirF including the types of aircraft, flight, the flight patt of the aircraft, nor the frequency of the flights. D. It is the desire of Owner to give notice to any poter purchaser of the real property of the air flight opera and the fact that purchasers may be subject to overfli sight and sound of aircraft operating from the Airport. E. The purpose of this notice is to disclose to the ful extent possible present and future potential impacts of r generated by all manner of aircraft including public private aircraft which will generate noise and c environmental impacts. Purchaser acknowledges and acc these existing and future impacts and forever waives an] all causes of action and covenants not to sue the Cit Carlsbad, its agents, servants or employees as to any dan or injuries resulting from said impacts. NOW, THEREFORE, in light of the above recitals, the develope] owner of the property, does, for itself, and its successors assigns, give the following notice: 821 t e %RM: NOISE 2: 2 ( ' 1. Owner has and shall develop the property in accordance I Subdivision Tract C.T. 83-19 approved by the City Carlsbad, which approval includes the requirements of City of Carlsbad, that the development of the propert] consistent with the Land use Element and Noise Element of General Plan of the City of Carlsbad. 2. That Owner has no responsibility or control over the op tion of the Airport, including without limitations, the t or number of flight operations types of aircraft (inclu jet aircraft), timing of flight operations, or frequenc flights. significant aircraft environmental impacts affecting purchasers, tenants and occupants of the property and purchasers, tenants and occupants of the property re there subject to such overflight, sight and sound. 3. That the flight operations to the Airport may cr 4. The property shall be held, conveyed, hypothecated, en this Declaration and Notice. This notice shall run with property and shall be binding upon all parties havinc acquiring any right, title or interest in the property. 5. The purpose of this notice is to disclose to the ful extent possible present and future potential impacts of n generated by all manner of aircraft including public private aircraft which will generate noise and o environmental impacts. Purchasers acknowledges and acc these existing and future impacts and forever waives any all causes of action and covenants not to sue the Cit Carlsbad, its agents, servants or employees as to any dam or injuries resulting from said impacts. bered, leased, rented, used, occupied and improved subjec IN WITNESS WHEREOF, this Declaration of Notice of aircraft o flight, sight and sound is made this 4 day of ,&A y , 19 Lyon/copley Carlsbad Associates, L.P a califc Limited Partnership, by: Lyon Communities Inc California Managing General Part !. roved as to form: %RM: NOISE 2: 3 4 0 822 STATE OF CALIFORNIA) SS. COUNTY OF SAN DIEGO) ON b, 1991 , BEFORE ME, THE UNDERSIGNEI NOTARY PUBLIC TN AND FOR SAID STATE, PERSONALLY APPEARED GARRE TARQUINIO, PERSONALLY KNOWN TO ME f^" 33?QVED TC - INC., THE CORPORATION THAT EXECUTED THE WITHIN INSTRUMENT, w TO BE THE PERSON WHO EXECUTED THE WITHIN INSTRUMENT ON BE OF THE CORPORATION, SAID CORPORATION BEING PERSONALLY KNOWN TO M GENERAL PARTNER OF LYON/COPLEY CARLSBAD ASSOCIATES, L.P., SAID PART SHIP BEING THE CALIFORNIA LIMITED PARTNERSHIP THAT EXECUTED THE WI' INSTRUMENT, AND ACKNOWLEDGED TO ME THAT SAID CORPORATION EXECUTED WITHIN INSTRUMENT AS SUCH PARTNER AND THAT SAID PARTNERSHIP EXEC THE SAME. WITNESS MY HAND AND OFFICIAL SEAL: '(I WT7 w TO BE THE VICE PRESIDENT OF LYON COMMUNIT PERSONALLY KNOWN TO ME -@l&-?ZM%7EC TC HE '%J TXE BAC, IS !3F--s- ----TO BE THE MANAi GFFBCEiL $EAL 1.. -4uwhJ-& ~~~~~~~~ K. DWERDG STATE OF CALIFORNIA) SS. COUNTY OF SAN DIEGO) ON w b, /Wl , BEFORE ME, THE UNDERSIGNEI NOTARY PUBLIC 'IN AND FOR SAID STATE, PERSONALLY APPEARED ROB11 ADAMSON, PERSONALLY KNOWN TO ME - TG PM 3SAGEQP?~ TO BE THE ASSISTANT SECRETARY OF LYON COMMUNIT INC., THE CORPORATION THAT EXECUTED THE WITHIN INSTRUMENT, AND m TO BE THE PERSON WHO EXECUTED THE WITHIN INSTRUMENT ON BE OF THE CORPORATION, SAID CORPORATION BEING PERSONALLY KNOWN TO M LV u VI ULII-LUL TO BE THE MANA GENERAL PARTNER OF LYON/COPLEY CARLSBAD ASSOCIATES, L.P., SAID PAR? SHIP BEING THE CALIFORNIA LIMITED PARTNERSHIP THAT EXECUTED THE WI INSTRUMENT, AND ACKNOWLEDGED TO ME THAT SAID CORPORATION EXECUTEC WITHIN INSTRUMENT AS SUCH PARTNER AND THAT SAID PARTNERSHIP EXEC THE SAME. SONALLY KNOWN TO ME fCE FRBflED T'G XE '"-+M*IS CP SiYE€GW rnn TC nw CXmTPwp WITNESS MY HAND AND OFFICIAL SEAL: DJ3S c33Gmm. *iES &a. 22, 2 gzc MH:kb/MArev. 346-39 wp:346.53c 4/29/91 823 R. ><&I I IF3 I 1' cc)': THE, LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIF COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF LOT "D" OF THE RANCHO AGUA HEDION IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFOWNI ACCORDING TO THE PARTITION MAP THEREOF NO. 823, FILED IN THE OFF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF Tt!E 493.70 ACRE PARCEL LAND AS SHOWN ON RECORD OF SURVEY MAP NO. 9336, FILED IN THE OFF THE COUNTY RECORDER OF SAN DIEGO CQUN'l'Y ON MAY 12, 1983, SAID NORTHEASTERLY CORNER BEING THE NORTHERLY TERMINUS OF THAT CERTAI COURSE SHOWN THEREON AS "NORTH 1'57'58" EAST 610.78 FEET"'. THEN ALONG THE BOUNDARY OF SAID RECORD OF SURVEY MAP NO. 9336 Ti€ FOL FOUR COURSES: SOUTH 01'57'58" WEST 610.78 FEET, THENCE NORTH 14'17'45" WEST, 173.74 FEET; THENCE SOUTH 55'39'43" WEST 223.82 THENCE SOUTH 06'47'57'' WEST 416.92 FEET; THENCE LEAVING SAID BOU SOUTH 66'33'35" WEST 219.99 FEET; THENCE SOUTH 76'52'35'' WEST 23 FEET; THENCE NORTH 03'03'00'' EAST 10.78 FEET; THENCE NORTH 66'27 WEST 134.21 FEET TO A NON-TANGENT CURVE, CONCAVE NORTHWESTERLYl A RADIUS OF 228.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID POI BEARS SOUTH 66"27.'00" EAST; THENCE SOUTHWESTERLY ALONG SAID CURV THROUGH A CENTRAL ANGLE OF 13°55'00" AN ARC DISTANCE OF 55.38 FE THENCE TANGENT FROM SAID CURVE SOUTH 37'28'001' WEST 54,31 FEE'r T TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 20.00 FEET; SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 52O17'04 ARC DISTANCE OF 15.25 FEET TO A TANGENT REVERSE CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 38.02 FEET; THENCE SOUTHERLY, WEST AND NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 162'07 AN ARC DISTANCE OF 107.58 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 70.00 FEET, A RADIAL LINE T SAID POINT BEARS SOUTH 61'23'53'' WEST; THENCE NORTHERLY ALONG SA CURVE THROUGH A CENTRAL ANGLE OF 20°50'07" AN ARC DISTANCE OF 25 FEET; THENCE SOUTH 82'14'00" WEST 187.00 FEET TO A POINT THAT L NORTH 31'44'07" EAST 30.20 FEET FROM THE NORTHERLY TERMINUS OF T CERTAIN COURSE DESCRIBED ON SAID RECORD OF SURVEY MAP NO. 9336 A NORTH 07'40'28" EAST 190.85 FEET". THENCE SOUTH 31'44'87" WEST RECORD OF SURVEY MAP NO. 9336 THE FOLLOWING SIX COURSES: SOUTH 07'40'28'' WEST 190.85 FEET; THENCE SOUTH 08'21'20" EAST 203.42 (RECORD SOUTH 08'24'37" EAST 203.13 FEET), THENCE SOUTH 28'31'2 EAST 327.42 FEET (RECORD SOUTH 28'28'28" EAST 327.62 FEET), THEN SOUTH 13"32'31" WEST '38.52 FEET; THENCE SOUTH 59"25'58" WEST 13 FEET; THENCE SOUTH 15'38'47'' WEST 158.64 FEET; THENCE LEAVING S BOUNDARY SOUTH 29'16'30" WEST 1421.44- FEET; THENCE SOUTH 73'55' WEST 213.47 FEET; THENCE NORTH 80'46'00'' WEST 491.78 FEET TO A NON-TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 460 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 26'5 WEST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL AN 67'49'12'' AN ARC DISTANCE OF 544.49 FEET; THENCE TANGENT FROM SA CURVE NORTH 04'40'00" EAST 270.00 FEET TO A TANGENT CURVE, CONCA SOUTHWESTERLY, HAVING A RADIUS OF 190.00 FEET; THENCE NORTHWESTE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 60'40'00" AN ARC DI OF 201.18 FEET; THENCE TANGENT FROM SAID CURVE NORTH 56'00'00" FEET TO SAID NORTHERLY TERMINUS; T~ENCE ALONG THE BOUNDARY OF SA EXH I B I 'I' A'' -- PAGE I OF 2 824 e 307.78 FEET; THENCE NORTH 38'22'40" EAST 473.96 FEET TO A TANGEI .CUR\jE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1!jO3 .UO FEET ; NORTHEASTERLY ALONG SAID CURVE THROIJGH A CENTRAL ANGLE OF 03O24 ARC DISTANCE OF 89.36 FEET; THENCE RADIAL FROM SAID CURVE NORTI 55"01'43" WEST 2-00 FEET TO A NON-TANGENT CURVE, CONCAVE NORTHW HAVING A RADIUS OF 1501.00 FEET, A RADIAL LINE OF SAID CURC'E TI POINT BEARS SOUTY 55"01'43" EAST; THENCE NORTHEASTERLY ALONG SA CURVE THROUGH A CENTRAL ANGLE OF 07°09'45" AN ARC DISTANCE OF FEET: THENCE RADIAL FROM SAID CURVE SOUTH 62'11'28" EAST 6.00 F A NUN-TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEAKS SOUTH 62' EAST; THENCE NORTHEASTERLY &LONG SAID CURVE THROUGH A CENrRAL A 04'49'42" AN ARC DISTANCE OF 127.00 FEET; THENCE RADIAL FROM SA CURVE NORTH 67'01'10" WEST 6.00 FEET TO A NON-TANGENT CURVE, CO WESTERLY, HAVING A RADIUS OF 1501.00 FEET, A RADIAL LINE !IF SA1 TO SAlD POINT BEARS SOUTH Ei7°01'10" EAST; THENCE NORTtiERI-Y ALO CURVE THROUGH A CENTRAL ANGLE OF 03O57'50" AN ARC DISTANCE OF 1 FEET; THENCE TANGENT FROM SAID CURVE NORTH 19'01'00" EkST 776.2 TO A TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 903.00 THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTHAL ANGLE OF 12 AN ARC DISTANCE OF 204.66 FEET; THENCE RADIAL FROM SAID CURVE 83'58'08" EAST 6.00 FEET TO A NON-TANGENT CURVE, CONCAVE WESTEI HAVING A RADIUS OF 909.00 FEET, A RADIAL LINE OF SAI[I CURVE TO POINT BEARS SOUTH 83O58'08" EAST; THENCE NORTHERLY ALONG SAID C' THROUGH A CENTRAL ANGLE OF 07'56'39" AN ARC DISTANCE OF 126.56 THENCE RADIAL FROM SAID CURVE SOUTH 88'03'13" WEST 6.00 FEET TO NOM-TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 903.00 RADIAL LINE OF SAID CURVE TO SAID POINT BEARS NORTH 88"03'1C!" E THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE CIF: 32O00'58" AN ARC DISTANCE OF 504.58 FEET TO AN INTERSECTION WIT CERTAlN COURSE DESCRIBED ON SAID RECORD OF SURVEY MAP NO. 9336 NORTH 89O19'35" EAST 2,580.31 FEET"- THENCE ALONG THE BOUNDARY SAID RECORD OF SURVEY MAP NO. 9336 NbRTH 89' 19'35" EAST 2487.16 TO THE POINT OF BEGINNING. @/& s\ 4/.4( / PA7E EXHIBIT A'' - PhGE 2 c)F 2