HomeMy WebLinkAboutCT 92-02; Shea Homes LP; 1999-0556914; Notice of RestrictionDOC * 1999-0556914
* . . 7396 CIUG 11s 1999 4:17 PM
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RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO:
City Clerk i CITY OF CARLSBAD 1 1200 Carlsbad Village Drive 1 Carlsbad, California 92008-1989 1
lmlilrrrrlll~~l~~YlWl~l~l Ill 1999-0556914
Space above this line for Recorder’s use
Parcel No. 214-544-04 *
NOTICE COIWERNING AlRCR4FT
ENVIRONMENTAL IMPACTS
CASE NO: CT 92-02113)/PUD 92-03f,B)/SDP 92-06KYCDP 99-05 - PARKSIDE
This Declaration and Notice Concerning Aircraft Environmental Impacts is made by
(name of legal owner) Shea Homes Limited Partner&b, A California Limited Partnership,
herein after referred to as the “Owner”, as developer of certain real property situated in the City
of Carlsbad, County of San Diego, State of California.
RECITALS
A. The Owner is the developer and holder of the title to certain real property in the
City of Carlsbad, County of San Diego, California, more fully described as:
B. The property is located approximately 1 mile from the McClellan-Palomar
Airport, City of Carlsbad, San Diego County (the “Airport”), operated by the
County of San Diego, through which are conducted certain aircraft operations on
and about said Airport and over real property in the vicinity of the Airport.
C. Owner has no control over the operations of the Airport, including the types of
aircraft, flight, the flight patterns of the aircraft, nor the frequency of the flights.
D. It is the desire of Owner to give notice to any potential purchaser of the real property of the air flight operation and the fact that purchasers may be subject to
overflight, sight and sound of aircraft operating to or from the Airport.
E. The purpose of this notice is to disclose to the fullest extent possible present and
future potential impacts of noise generated by all manner of aircraft including
public, military and private aircraft which will generate noise and other
environmental impacts.
Noise Form #2 Rev. 03/27/95
7397 -
FORM: NOISE 2: 2 OF 3
NOW, THEREFORE, in light of the above Recitals, as developer and owner of the property, does, for itself, and its successors and assigns, give the following notice:
1. Owner has and shall develop the property in accordance with Subdivision Tract
(CT 92-02(B), approved by the City of Carlsbad, which approval includes the
requirement of the City of Carlsbad, that the development of the property is
consistent with the Land Use Element and Noise Element of the General Plan of
the City of Carlsbad.
2. That Owner has no responsibility or control over the operation of the Airport,
including without limitation, the types or number of flight operations, types of
aircraft (including jet aircraft), timing of ff ight operation, or frequency of flights.
3. That the flight operations to the Airport may create significant aircraft
environmental impacts affecting the purchasers, tenants and occupants of the
property and that purchasers, tenants and occupants of the property reside there
subject to such overflight, sight and sound.
4. The property shall be held, conveyed, hypothecated, encumbered, leased, rented,
used, occupied and improved subject to this Declaration and Notice. This Notice
shall run with the property and shall be binding upon all parties having or
acquiring any right, title or interest in the property.
5. The purpose of this Notice is to disclose to the fullest extent possible present and
fkture potential impacts of noise generated by all manner of an-craft including
public and private aircraft which will generate noise and other environmental
impacts.
Noise For-m I#2 Rev. 03127195
7398
FORM: NOISE 2: 3 OF 3
Executed this 30th day of April ,1999 -’
*OWNER: Shea Homes Limited Partnership, a California limited partnership By: J.F. Shea Co., Inc., a Nevada corporation, General Partner
(Name of owner) h
By:
(signkere)
RKMARD GUSTAFSON, Am. fhw-9’
(print name here)
(title and organization of si-gnatory)
(sign hera
CYNTHIA ROUSH, Asst. Secretary
(print name here)
(title and organization of signatory)
(Proper notarial acknowtedgment of execution by Contractor must be attached.)
(Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant
treasurer must sign for corporations. Otherwise, the corporation must attach a resolution
certified by the secretary or assistant secretary under corporate seal empowering the officer(s)
signing to bind the corporation.)
(If signed by an individual partner, the partnership must attach a statement of partnership
authorizing the partner to execute this instrument).
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
Noise Form #2 Rev. 03127195
7399 -
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
on May 3, 1999 before me, Susan L. Trimingham
Notary Public, personally appeared . Richard Gust&son ad mtbla Roush , [x] personally
known to me - or [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) iebscribed to the within instrument and acknowledged to me that he/she
executed the same in his/hei&$uthorized capacity(ies), and that by his/he~gnature(s)
on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
WITNESS my hand and official seal.
(Signature of Notary)
sJMNLIRMING)UM * -I Il2WB NoicwPubBc--Qdlkn#) t -0leoocanrv
Noise Form #2 Rev. 03127195