HomeMy WebLinkAboutCT 00-06; Lennar Bressi Ranch Venture LLC; 2003-0270125; Notice of RestrictionDOC # 2003-0270125
k= WHEN RECORDED MAIL TO:
RECORDING REQIJESTED BY AND )
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FEES: 20.00
\ crry OF CARLSBAD
City Clerk
1200 Carlsbad Village Drive 1 Carlsbad, California 92008-1989 )
Space above this line for Recorder’s use
ParcelNo. 213-030-17 and 213-030-18
NOTICE AND WAIVER CONCERNING AIRCRAFT
ENVIRONMENTAL IMPACTS
CASE NO: CT 00-06
This Notice and Waiver Concerning Aircraft Environmental Impacts is made by Lennar
Bressi Ranch Venture LLC., a California Limited Liability Company, and General American
Life Insurance Company, herein after referred to as the “Owner”. Owner is the developer of
Bressi Ranch, a master planned community situated in the City of Carlsbad (“City”), County of
San Diego, State of California.
RECITALS
A. The purpose of this Notice and Waiver is to disclose to the fullest extent possible
present and future potential airport impacts by all manner of aircraft which will
generate noise and other environmental impacts associated with the operation of
McClellan-Palomar Airport located in the City (“Airport”).
B. Owner is the master developer of a all subdivisions within the Bressi Ranch
Master Plan more fully described as:
Parcel “A” of Boundary adjustment 543, Document No. 1999-0085753 on
file in the Office of the San Diego County Recorder, February 11, 1999;
and Parcel “B’ of Boundary Adjustment 543, Document No. 1999-
0085753 on file in the Office of the San Diego County Recorder, February
11. 1999.
C. The property is located approximately 0.25 mile(s) from the Airport. The Airport
is operated by the County of San Diego. ?he Airport operation results in aircraft
and helicopter noise in the area surrounding the Airport, including the Property.
D. Neither City nor Owner has any responsibility or control over the operations of
the Airport, including without limitation, the types of flight operations, types of
aircraft (including jet aircraft and helicopters), timing of flight operations, location
of flight patterns or frequency of the flights.
E. It is the desire of the City and 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.
Furthermore, this Notice and Waiver is for the purpose of disclosing the potential
of future impacts of noise and other environmental impacts resulting from all
manner of aircraft, including public, private, military and helicopters.
NOW, THEREFORE, in light of the Recitals above, Owner does, for itself, and its
successors and assigns, give the following Notice and makes the following Waiver:
1. Owner has and shall develop the property in accordance with Carlsbad Tract CT 00-
06, approved by the City, which approval includes the requirement of the City that the
development of the Property is consistent with the Land Use Element and Noise Element of the
General Plan of the City. An Environmental Impact Report (“EIR”) has been certified by the
City and the Owner’s development is consistent with the findings of the EIR.
2. The flight operations associated with the Airport may create significant aircraft
environmental impacts affecting the purchasers, tenants and occupants of the Property.
Furthermore, such purchasers, tenants and occupants of the Property reside there subject to such
overflight, sight and sound impacts.
3. The Property shall be held, conveyed, hypothecated, encumbered, leased, rented,
used, occupied and improved subject to this Notice and Waiver. This Notice and Waiver shall
run with the Property and shall be binding upon all parties having or acquiring any right, title or
interest in the property.
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4. Owner acknowledges and accepts these existing and future impacts referenced
herein and forever waives any and all causes of action, and hereby covenants not to sue the City,
its agents, servants or employees as to any damages or injuries resulting from said impacts.
However, such waiver by Owner shall not be deemed to include any waiver of impacts
associated with Airport operations if City should assume control of the Airport in the future.
Signed this I St day of NbUPmber ,20-.
*OWNER
LENNAR BRESSI RANCH VENTURE,LLC.
A California Limited Liability Company
By: Lennar Bressi Carlsbad, LLC.
A California Limited Liability Company
Its: Managing Member
By: Lennar Homes of California, Inc.
A California Corporation
Its: Mqging Member
Its: ROBERT SANTOS
Vice President
*OWNER:
General American Life Insurance Company
By: Metropolitan Life Insurance Company
Direkor
*(Proper notarial acknowledgment of execution by Contractor must be attached.)
(President or vice-president &VJ secretary, or assistant secretary must sign for corporations. If
only one officer signs, the corporation must attach a resolution certified by the secretary or
assistant secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
STATE OF CALIFORNIA
On NOVEKBER 1, 2002 before me, SHANNA JOY AWENDER Notary Public,
personally appeared,
@personally known to me - or 0 proved to me on the basis of satisfactory
evidence to be the person% whose name s/g subscribed to the within
instrument and acknowledged to me that 6O e swhey executed the same in
@heir authorized capacitym, and that by@ewir signatured on the
instrument the person@, or the entity upon behalf of which the personM acted,
executed the instrument.
ROBERT SANTOS
WITNESS my hand and official seal.
*.r"LL-diba.Ya.
Public - California 5
Rev. 06/04/96
State of California 1
County of Los Angeles 1 ) ss.
On November 4,2002 before me, Diana K. Dantic, a Notary Public, personally
appeared John Menne , personally known to me to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in
his authorized capacity, and that by his signature on the instrument the person, or the
entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
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L\Moms\WP\dantic-acknowledgement.doc
11/4/02 3:51 PM