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Home My WebLink AboutCT 83-32; Lyon/Copley Carlsbad Associates LP; 1991-0267082; Notice Concerning Proximity or Impactst a I, 809 RECORDING REQUESTED BY AND -- - WHEN RECORDED RETURN TO City of Carlsbad, cihjclerk's ofgi'ce 1200 Elm Avenue Carlsbad, CA 92008 NOTICE CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS C.T. 83-32 This Declaration and Notice concerning Aircraft Environmer Impacts is made by Lyon/copley Carlsbad Associates, LOP., a Califox Limited Partnership, hereinafter referred to as the llOwnerlt, developer of certain real property situated in the City of Carlsl County of San Diego, State of California. RECITALS A. The Owner is the developer and holder of the title to cert California, more fully described as: See attached Exhi real property in the City of Carlsbad, County of San Die IIAIW B, The property is located approximately 1.7 miles from McCellan-Palomar Airport, City of Carlsbad, San Diego Cou (the lIAirportl1), operated by the County of San Diego, thro which are conducted certain aircraft operations on and ab said Airport and over real property in the vicinity of Airport. C. Owner has no control over the operations of the Airpo including the types of aircraft, flight, the flight patte of the aircraft, nor the frequency of the flights. D. It is the desire of Owner to give notice to any potent purchaser of the real property of the air flight operat sight and sound of aircraft operating from the Airport. E. The purpose of this notice is to disclose to the full extent possible present and future potential impacts of no generated by all manner of aircraft including public private aircraft which will generate noise and ot environmental impacts. Purchaser acknowledges and acce these existing and future impacts and forever waives any < all causes of action and covenants not to sue the City Carlsbad, its agents, servants or employees as to any dama? or injuries resulting from said impacts. and the fact that purchasers may be subject to overflig NOW, THEREFORE, in light of the above recitals, the developer i owner of the property, does, for itself, and its successors i assigns, give the following notice: 0 FORM: NOISE 2: 2 a c 1. Owner has and shall develop the property in accordance w Subdivision Tract C.T. 83-32 approved by the City Carlsbad, which approval includes the requirements of City of Carlsbad, that the development of the property consistent with the Land use Element and Noise Element of General Plan of the City of Carlsbad. That Owner has no responsibility or control over the ope tion of the Airport, including without limitations, the ti or number of flight operations types of aircraft (includ jet aircraft), timing of flight operations, or frequency flights. 3. That the flight operations to the Airport may cre significant aircraft environmental impacts affecting purchasers, tenants and occupants of the property and t purchasers, tenants and occupants of the property res there subject to such overflight, sight and sound. 4. The property shall be held, conveyed, hypothecated, enc bered, leased, rented, used, occupied and improved subject this Declaration and Notice. This notice shall run with 1 property and shall be binding upon all parties having acquiring any right, title or interest in the property. 5. The purpose of this notice is to disclose to the fullr extent possible present and future potential impacts of no generated by all manner of aircraft including public i private aircraft which will generate noise and otl environmental impacts. Purchasers acknowledges and acce] these existing and future impacts and forever waives any i all causes of action and covenants not to sue the City Carlsbad, its agents, servants or employees as to any damac 810 e 2. or injuries resulting from said impacts. IN WITNESS WHEREOF, this Declaration of Notice of aircraft OVE Lyon/CopleyCarlsbadAssociates, L.P., a Califorr Limited Partnership, by: Lpon Communities Inc., , Managing General Partne flight, sight and sound is made this -& day of /L’IAY 192 e 811 0 EORM: NOISE 2: 3 0 STATE OF CALIFORNIA) SS. COUNTY OF SAN DIEGO) ON b? 149 I , BEFORE ME, THE UNDERSIGNED NOTARY PUBLIC Ih AND FOR SAID STATE, PERSONALLY APPEARED GARRY TARQUINIO, PERSONALLY KNOWN TO ME +0&-PWK7E2 TO lG?,--W TEE 3AS4X -S?#?%§-- TO BE THE VICE PRESIDENT OF LYON COMMUNITI INC., THE CORPORATION THAT EXECUTED THE WITHIN INSTRUMENT, PERSONALLY KNOWN TO ME - TEMIZT 3,F MTIEM m TO BE THE PERSON WHO EXECUTED THE WITHIN INSTRUMENT ON BEH OF THE CORPORATION, SAID CORPORATION BEING PERSONALLY KNOWN TO ME TC nn cV" ""€B33+33 TO BE THE MANAG GENERAL PARTNER OF LYON/COPLEY CARLSBAD ASSOCIATES, L.P., SAID PARTN SHIP BEING THE CALIFORNIA LIMITED PARTNERSHIP THAT EXECUTED THE WIT INSTRUMENT, AND ACKNOWLEDGED TO ME THAT SAID CORPORATION EXECUTED WITHIN INSTRUMENT AS SUCH PARTNER AND THAT SAID PARTNERSHIP EXECU THE SAME. WITNESS MY HAND AND OFFICIAL SEAL: 'V& STATE OF CALIFORNIA) SS. COUNTY OF SAN DIEGO) 6, 1491 , BEFORE ME, THE UNDERSIGNED N AND FOR SAID (STATE, PERSONALLY APPEARED ROBIN FZ+C€WR-- TO BE THE ASSISTANT SECRETARY OF LYON COMMUNITI INC., THE CORPORATION THAT EXECUTED THE WITHIN INSTRUMENT, AND P W TO BE THE PERSON WHO EXECUTED THE WITHIN INSTRUMENT ON BEH OF THE CORPORATION, SAID CORPORATION BEING PERSONALLY KNOWN TO ME uJ2 .Lu OTF nn SAmTPnA%WEm TO BE THE MANAG GENERAL PARTNER OF LYON/COPLEY CARLSBAD ASSOCIATES, L.P., SAID PARTN SHIP BEING THE CALIFORNIA LIMITED PARTNERSHIP THAT EXECUTED THE WIT INSTRUMENT, AND ACKNOWLEDGED TO ME THAT SAID CORPORATION EXECUTED WITHIN INSTRUMENT AS SUCH PARTNER AND THAT SAID PARTNERSHIP EXECU ADAMSON, PERSONALLY KNOWN TO ME w TZE EASIS CP SW? SONALLY KNOWN TO ME - TO XE 9??-¶?l:E 38523 SF SA- wn rnn THE SAME. WITNESS MY HAND AND OFFICIAL SEAL: -avh-ck MH:kb/MArev. wp:346.52c 346-39 4/29/91 * 3Cf-3' i: &3 T '1' ii 862 THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIi 6 COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: THOSE PORTIONS OF LOTS I'D" AND "J" OF THE RANCHO AGUA HEDIONDA, IN T CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDIN TO MAP THEREOF NO. 823, FILED IN TtiE OFFICE OF THE COUNTY RECORDER 0 SA\ DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS; BEGINNIYG AT THE NORTHEASTERLY CORNER OF CPRLSBAD TRACT 83-21 UNIT N 4 ACCORDING 10 MAP THEREOF NO. 11588 FILED IN THE OFFICE OF THE COUN RECORDER OF SAN DIEGO COUNTY, BEING A POINT ONT HE NORTHERLY BOUNDAR OF THE PROCEDURE OF SURVEY SHOWN ON SHEET 2 ON THE MAP OF CARLSBAD TRACT 76-12, ACCORDING TO MAP THEREOF NO. 9935, FILED IN THE OFFICE OF THE COUNTY RECORDER, OF SAN DIEGO COUNTY ON DECEMBER 16, 1980; THENCE ALONG THE BOUNDARY OF SAID PROCEDURE OF SlJRVEY NORTH 89'18'52 EAST 1113.68 FEET; THENCE NORTH 89'19'35" EAST 93.04 FEET TO A POINT IN THE ARC OF A 903 FOOT RADIUS CURVE, CONCAVE WESTERLY, A RADIAL LI BEARS NORTH 56'02'15" EAST TO SAID POINT; THENCE SOUTHERLY ALONG SA1 CURVE THROUGH AN ANGLE OF 32'00'58'' A DISTANCE OF 504.58 FEET; THENC NORTH 88'03'13" EAST 6.00 FEET TO A POINT IN THE ARC OF A 909.00 FC RADIUS CURVE, CONCAVE WESTERLY, A RADIAL LINE TO SAID POINT BEARS, NORTH 88'03'13" EAST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH AN ANGLE Of: 7'58'39" A DISTANCE OF 126.56 FEET; THENCE NORTl- 83'58'08" WEST 6.00 FEET TO A POINT IN THE ARC OF A 903.00 FOOT RAD: CURVE, CONCAVE WESTERLY, A XADIAL LINE TO SAID PCINT BEARS SOUTH 83O58'08" EAST, THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THRGUGt AN ANGLE OF 12'59'08'' A DISTANCE OF 204.66 FEET; THENCE TANGENT TO SAID CURVE SOUTH 19'01'00" WEST 776.25 FEET TO A TANGENT 1501 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE SOUTHERLY ALONG SAID CURVE THROUGH AN ANGLE OF 3O57'50" A DISTANCE OF 103.84 FEET; THENCE SOUTt 67'01'10" EAST 6.00 FEET TO A POINT IN THE ARC OF A 1507 FOOT RADIU5 CURVE, CONCAVE WESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 67'01'10" EAST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGt AN ANGLE OF 4O49'42" A DISTANCE OF 127.00 FEET; THENCE NORTH 62'11': WEST 6.00 FEET TO A POINT IN THE ARC OF A 1501.00 FOOT WESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 62'11'28'' EAST;,THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH AN ANGLC OF 7'09'45" I DISTANCE OF 187.64 FEET; THENCE SOUTH 55'01'43" EAST 2.00 FEET TO A POINT IN THE ARC OF A 1503.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTEI SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH AN ANGLE OF 3'24': THENCE NORTH 56°00'00" WEST 2.00 FEET; THENCE SOUTH 38"22'40" WES1 195.05 FEET TO THE BEGINNING OF A TANGENT 949.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROl AN ANGLE OF 26'16'18" A DISTANCE OF 435.14 FEET; THENCE NORTH 77'53'38" WEST 53.00 FEET TO A POINT IN THE ARC OF A 1002.00 FOOT RADIUS CURVE, CONCAWE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BE NORTH 77'53'38" WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CU THROUGH AN ANGLE OF 4'03'01" A DISTANCE OF 70.83 FEET; THENCE NORTH 73"50'37" WEST 154.31 FEET TO A TANGENT 1000 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE WESTERLY ALONG SAID CURVE THROUGH AN ANGL OF 34'45'51" A DISTANCE OF 606.78 FEET; THENCE TANGENT TO SAID CURV SOUTH 71'23'26" WEST 158.93 FEET TO THE EASTERLY LINE OF ELM AVENUE DESCRIBED IN DEED TO THE CITY OF CARLSBAD RECORDED FEBRUARY 26, 198 A RADIAL LIME TO SAID POINT SEARS SQUTH 55"0!'43" EAST; THENCE A DISTANGpF 89.36 FEET: THENCE SOUTH 38'222'48" WEST 473.96 FEET: EXH 1 B I 'r ('A'' - pAr;lz 1 OF 3 a 813 AS DOCUMENT NO. 7542 a OFFICIAL RECORDS; THENC LONG SAID EASTERL THEWCE NORTH 71'23'26'' EAST 158.93 FEET TO A TANGENT 1051 FOOT RAD11 ANGLE OF 34'45'57" A DISTANCE OF 637.72 FEET; THENCE TANGENT TO SAIL CURVE SOUTH 77O53'38" EAST 83.00 FEET TO A TANGENT 25 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY, NORTHEASTERLY, AND NORTHERLY ALONG SAID CURVE THROUGH AN ANGLE OF 85'56'59" A DISTANCE 37.50 FEET TO A REVERS€ 1051 FOOT RADIUS CURVE; THENCE, NORTHERLY AL( SAID CURVE THROUGH AN ANGLE OF 18'10'16" A DlSTANCE OF 333.32 FEET; THENCE NORTH 38'22'40'' EAST 529.16 FEET; THENCE NORTH 51'37'20" WESl 10.00 FEET; THENCE NORTH 38"22'40" EAST 169.6'1 FEET; THENCE SOUTH 52'50'37" EAST 9.68 FEET TO A POINT IN THE ARC OF A 1399 FOOT RADiij! CURVE, CONCAVE NORTHWESTERLY A RADIAL LINE TO SAID POINT BEARS SOUTI 52'50'37" EAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01'57'23" A DISTANCE OF 47.77 FEET TO A COMPOUND 25 FOOT RADIUS CURVE; THENCE NORTHERLY AND NORTHWESTERLY ALONG SAID CURVE THROUGH AN ANGLE OF 92'17'39" A DISTANCE OF 40.27 FEET; THENCE TANGENT TO SAID CURVE NORTH 57'05'39" WEST 167.62 FEET A TANGENT 270 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE WESTERLY ALONG SAID CURVE THROUGH AN ANGLE OF 27°54'2f" A DISTANCE OF 131,50 TO POINT "A" OF THIS DESCRIPTION; BEING THE BEGINNING OF A TANGENT 330 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE WESTERLY ALONG SA1 CURVE THROUGH AN ANGLE OF 36'35'32" 14 DISTANCE OF 210.85 FEET; THEN TANGENT TO SAID CURVE NORTH 48'23'28" WEST 114.69 FEET TO A TANGENT 270 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; TEENCE NORTHWESTERLY ALONG SAID CURVE THROUGH AN ANGLE OF 44"56'22" A DISTANCE OF 211.77 FEET; THENCE TANGENT TO SAID CURVE SOUTH 86°40'101' WEST 185.25 FEE TO A TANGENT 330 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE WESTE NORTHWESTERLY AND NORTHERLY ALONG SAID CURVE THROUGH AN ANGLE OF 97'53'29" A DISTANCE OF 563.81 FEET; THENCE TANGENT TO SAID CURVE NORTH 4'33'39" EAST 29.99 FEET TO A POINT IN THE ARC OF A 2000 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY IN THE SOUTHEASTERLY BOUNDARY C SAID CARLSBAD TRACT 83-21 UNIT NO. 4 ACCORDING TO MAP THEREOF NO. 11588 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNT A RADIAL LINE BEARS NORTH 56'36'51" WEST (RECORD NORTH 56'37'54" VI OF SAID UNIT NO. 4 AS FOLLOWS; NORTHEASTERLY ALONG SAID CURVE THROUGH AN ANGLE OF 10q20'45" A DISTANCE OF 361.14 FEET; THENCE NORTH 59O52'32" EAST 804.15 FEET (RECORD NORTH 59'51'57'' EAST 804.25 FEET) AND NORTH 13'27'52" WEST 360.07 FEET (RECORD NORTH 13'27'33" WEST 360.00 FEET) TO THE POINT BEGINNING. EXCEPTING THAT PORTION DESCRIBED AS FOLLOWS: COMMENCING AT POINT "A" OF THIS DESCRIPTION; THENCE NORTH 9'40'17" WEST 483.97 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 77'15'00" WEST 102.85 FEET; THENCE, NORTH 10'40'00" WEST 163.00 F THENCE, NORTH 48'06'00" EAST 209.00 FEET; THENCE, SOUTH 89'24'00" 162.00 FEET; THENCE, SOUiH 54'26'00'' EAST 349.25 FEET TO A POINT THE ARC OF A 390.00 FOOT RADIUS CURVE, CONCAVE EASTERLY, A RADIAL TO SAID POINT BEARS NORTH 82*11'45" WEST; THENCE SOUTHERLY ALONG T ARC OF SAID CURVE THROUGH AN ANGLE OF 11"16'14" A DISTANCE OF 76.7 FEET: THENCE, SOUTH 3"28'00" EAST 108.00 FEET TO A TANGENT CURVE, ' LINE NORTH 18O36'34" WEST (RECORD NORTH f8°37'12" WEST) 51.00 FEET; ' CURVE, CONCAVE SOUTHERLY: THENCE EASTERLY ALONG SAID CURVE THROUGH F FEET; THENCE TANGENT TO SAID CURVE NORTH 85"OO'OO" WEST 347.88 FEE TO SAID POINT; THENCE ALONG THE SOUTHEASTERLY AND EASTERLY BOUNDP EX11 1 H 1 'r "A" - PAGE 2 OF 3 a 814 * CONCAVE WESTERLY, HAVING A RADIUS OF 170.00 FEET; THENCE, SOUTHERLl ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 37'24'00'' AN ARC DISTAF OF 110.97 FEET; THENCE, TANGENT TO SAID CURVE SOUTH 33O56'00" WEST 117.09 FEET TO A TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS ( 230.00 FEET; THENCE, SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2€l056'0O'' AN ARC DISTANCE OF 116.15 FEET: THENCE, TANGENT SAID CURVE SOUTH 5°OO'60" WEST 50.00 FEET TO A TANGENT CURVE, CONCl NORTHWESTERLY, HAVING A RADIUS OF 20.00 FEET; THENCE, SOUTHERLY, OF 90'00'00" AN ARC DISTANCE OF 31.42 FEET; THENCE, TANGENT TO SAIC CURVE NORTH 85°00'00" WEST 230.33 FEET TO A TANGENT CURVE, CON,CAVG NORTHERLY, HAVING A RADIUS OF 270.00 FEET; THENCE, WESTERLY ALONG : CURVE THROUGH A CENTRAL ANGLE OF 12°222'31" AN ARC DISTANCE OF 58.3! SOUTHWESTERLY, AND WESTERLY ALONG SAID CURVE THROUGHIA CENTRAL ANC FEET; THENCE, NORTH 18O02'37" EAST 115.74 FEET; THENCE, NORTH 42O40'00" WEST 165.62 FEET TO A POINT ON A NOH-TANGENT CURVE, CONCI: WESTERLY, HAVING A RADIUS OF 48.00 FEET, A RADIAL BEARING OF SAID CURVE TO SAID POINT BEARS SOUTH 42°40'Q0" EAST; THENCE, NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 49'47'59" AN ARC DISTAP OF 41.72 FEET; THENCE, NORTH 87O32'O-l" EAST 29.00 FEET TO A POINT t THE BOUNDARY OF THE LAND DESCRIBED IN THE DEED TO THE COSTA REAL MUNICIPAL WATER DISTRICT RECORDED MAY 18, 1984, AS DOCUMENT NO. 84-186998, SAID POINT BEING ON THAT CERTAIN COURSE OF SAID DEED DESCRIBED AS "A 122.50-FOOT RADIUS CURVE" SAID CURVE BEING CONCAVE POINT BEARS SOllTH 87'32'01" :;'EST; THENCE, ALONG SAID BOUNDARY OF Sf COSTA REAL MUNICIPAL WATER DISTRICT LAND NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 49'51'59" AN ARC DISTANCE OF 106.62 FEE1 THENCE, LEAVING SAID BOUNDARY OF SAID COSTA REAL MUNICIPAL WATER DISTRICT LAND NORTH 42"36'00" WEST 54.53 FEET TO THE TRUE POINT OF BEGINNING. NORTHEASTERLY AT SAID POINT, A RADIAL BEA~ING OF SAID CURVE TO SAIC r //A% 4-30-77 . DATE EXH 16: I rr '''q'' - F'kGF; 3 OI: 3