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HomeMy WebLinkAboutCT 89-19; Odmark & Thelan; 1991-0328097; Notice of Restrictionc? - . 1 , . *Em*DED* *WEST OF FIRST AlMERlCaN TITLE ~0. .“, 75 ” 1 I i= R p ;; i”, pi ci ;=I T zy. -5 I’ = -y & i,; z,,& +g 1 I %d ‘q :: upi e “; ;J : I I t[i&; j t i i B d:rdL?i*.J; ; RECORDING REQUESTED BY AND fr. 7 7,: ;.; T I ii - ,' i: i -- : =: g -; i i r i G3:5cjT F'S WHEN RECORDED MAIL TO: City of Carlsbad -. i i.~? '7'-.- T.-f' ,.cti:e! i ii u;th::a .L _.i-.:, ;r-.-ip>~;: - _ flr;Ti--' .Lri :v; i Y j. rl.- 1200 Elm Avenue ,a:;: ---v" _ 1/ -. ".ly;"c 7 _ 2jtiF+' y;j;yy -lr'-r-:?.-- i-.*;., :T. c !, :-. 7.. j; : :J .- <.I. Carlsbad, CA 92008 rr . . ?- 1 i, q . _.I .';. X$,: 4 .- :.. ,7.\i .T. :- 7' : 7 ?,'. yJ%T LO -// _. -,'l y:- . i r.. tip NOTICE CONCERNING AIRCRAFT'- .- _ a : x."L ENVIRONMENTAL IMPACTS CASE NO. CT 89-19 This Declaration and Notice Concerning Aircraft Environmental Impacts is made by ODMARK & THELAN AND THE DAVIDSON COMPANIES PARTNERSHIP, hereinafter referred to as "Owner", as developer of certain real property situated in the City of Carlsbad, County of San Diego, State of California. A. B. C. D. E. RECITALS 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 and private aircraft which will generate noise and other environmental impacts. 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 on Exhibit A hereto. The property is located approximately 2.1 miles 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. Owner has no control over the operations of the Airport, including the types of aircraft, flight, the flight patters of the aircraft, nor the frequency of the flights. 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 from the Airport. 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 Map (CT 89-19) 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. 3. 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 flight operations, or frequency of flights. 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. 4. 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 and private aircraft which will generate noise and other environmental impacts. IN WITNESS WHEREOF, this Declaration of Notice of aircraft overflight sight and sound is made this 2a day of , 1991. a &MARK & THELAN AND THE DAVIDSON COMPANIES PARTNERSHIP, a California general partnership, General Partner By: Odmark & Thelan/Batiquitos Ltd., a California limited partnership, General Partner By: ODMARK & THELAN, a California general partnership, General Partner By: THE ODMARK DEVELOPMENT COMPANY, a California corporation, General Partner By:eM Ted P. Odmark, President (SIGNATURES CONTINUED ON NEXT PAGE) By: ONTARIOVILLE HOLDING COMPANY, a California corporation, General Partner By: DAVIDSON COSCAN PARTNERS, a California general partnership By: THE DAVIDSON COMPANY, a California corporation, General Partner By:~~~ & William A. Davidson, President STATE OF CALIFORNIA ) )ss: COUNTY OF SAN DIEGO ) On L a/LT91 before me, the undersigned, a Notary Public in nd for said stat;, personally appeared TED P. ODMARK, known to e to be the President of The Odmark Development Company, the corporation that executed the within instrument and known to me to be the person who executed the within instrument on behalf of said corporation, said corporation being known to me to be the general partner of Odmark & Thelan, the general partnership that is known to me to be the general partner of Odmark & Thelan/Batiquitos Ltd., the limited partnership known to me to be the general partner of Odmark & Thelan and The Davidson Companies Partnership, the general partnership that executed the within instrument and acknowledged to me that said last named partnership executed the same. WITNESS my hand and official seal. m &kh%‘ti - Notary Public , , . I STATE OF CALIFORNIA ) )ss: COUNTY OF SAN DIEGO ) ?: &!?&&%& b~~~~~n~~~,'~~p~~~~~s~~~~d~.aT~~~~~y ~~~~~c to me to be the President of Ontarioville Holding Company: corporation that executed the within instrument and known to me to be the person who executed the within instrument on behalf of said corporation, said corporation being known to me to be the general partner of Odmark & Thelan, the general partnership that is known to me to be the general partner of Odmark & Thelan/Batiquitos Ltd., the limited partnership known to me to be the general partner of Odmark & Thelan and The Davidson Companies Partnership, the general partnership that executed the within instrument and acknowledged to me that said last named partnership executed the same. WITNESS my hand and o'fficial seal. &&h.b)/&L Notary Public STATE OF CALIFORNIA ) )ss: COUNTY OF SAN DIEGO ) On GlW L, 13% , before me, the undersigned, a Notary Public in and for said state, personally appeared WILLIAM A. DAVIDSON, known to me to be the President of The Davidson Company, the corporation that executed the within instrument and known to me to be the person who executed the within instrument on behalf of said corporation, said corporation being known to me to be the general partner of Davidson Coscan Partners, the general partnership that is known to me to be the general partner of Odmark & Thelan and The Davidson Companies Partnership, the general partnership that executed the within instrument, and acknowledged to me that said last named partnership executed the same. WITNESS my hand and official seal. a,lcc.~ Not&&y Public . . - :,I ‘;‘\I L R , ,*: C’ f . .I ORDER NO. 986020-12 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL A: THAT PORTION OF LOTS 11 AND 12 IN SECTION 33, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CAIUSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 33; THENCE ALONG THE WEST LINE OF SAID QUARTER-QUARTER SECTION SOUTH 0'45'06" EAST, 787.64 FEET (RECORD OF SURVEY NO. 6296 - SOUTH 1'20'42" EAST, 788.13 FEET) To THE NORTHWEST CORNER OF SAID LOT 11 MD THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NEST LINE ALONG THE NORTHEASTERLY BOUNDARY OF SAID LOT 11, THE POLIDWXNG COURSES SOUTH 69'05'16" EAST, 228.10 FEET (RECORD OF SURVEY NO. 6296 - SOUTH 69.48'44" EAST, 228‘23 FEET) MD SOUTH 32'11'15" EAST, 235.26 FEET TO THE NORTHEASTERLY CORNER OF LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA RECORDED JULY 13, 1978 AS FILE NO. 78-292074 OF OFFICIAL RECORDS; THENCE LEAVING THE BOUNDARY OF SAID LAX" 11 ALONG THE NORTHERLY LINE OF SAID STATE LAND NORTH 89'10'56" WEST (DEED = NORTH 89'12'13" WEST) 119.72 FEET; THENCE LEAVING SAID STATE L&ND NORTH 37'31'25“ NEST, 149.14 FEET TO THE BEGINNING OF A TANGENT 450.00 FDOT RADIUS CURVE CONCAVE SOUTHWESTERLY: THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 45'51'57", A DISTANCE OF 360.23 FEET TO A POINT OF COMPOUND CURVATURE WITH AN 800.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 6'36'38" EAST: THENCE NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY AIDNG THE ARC OF SAID 800.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 27'21'03", A DISTANCE OF 381.89 FEET TO A POINT COMMON TO THE NORTHEASTERLY LINE OF MISCELLANEOUS SURVEY NO. 637 (INTERSTATE - 5) AND THE NORTHWESTERLY BOUNDARY OF SAID LOT 12, A RADIAL LINE TO SAID POINT BEARS NORTH 20'44'25" WEST; THENCE LEAVING THE ARC OF SAID CURVE ALONG THE BOUNDARY OF SAID LOT 12, THE FOLLOWING COURSES NORTH 33'07'12" EAST, 234.45 FEET AND SOUTH 69'05'16" EAST, 454.48 FEET TO THE POINT OF BEGINNING. I . . * . f\ * -+ ” t h ‘f \. 1 . I ORDER NO. 986020-12 PARCEL B: LOT 1 IN SECTION 33, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF -SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. ALSO THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 NEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 28; THENCE ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER NORTH 0'12'25" WEST, 746.00 FEET; THENCE SOUTH 89'47'35" WEST, 334.09 FEET; THENCE NORTH 43’15’25” WEST, 205.17 FEET; THENCE SOUTH 89'47'35" WEST, 475.16 FEET, MORE OR LESS, TO THE EASTERLY LINE OF THAT LAND DESCRIBED IN DEED TO A.H. VAIL, RECORDED JANUARY 31, 1890 IN BOOK 157, PAGE 493 OF DEEDS: THENCE ALONG THE EASTERLY LINE OF SAID VAIL'S LAND SOUTH 23.47'15" EAST (RECORD MAGNETIC BEARING SOUTH 38'20' EAST) 140.86 FEET TO AN ANGLE POINT; THENCE ALONG SAID EASTERLY LINE SOUTH 17 l 22'15" EAST, 477.94 FEET (RECORD SOUTH 31'55'00" EAST, 483.89 FEET) AND THENCE SOm 18'25'45" WEST, 322.56 FEET (RECORD SOUTH 03'46'00" WEST, 326.50 FEET) TO THE SOUTHERLY LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE ALONG SAID SOUTHERLY LINE SOUTH 89.54'14" EAST, 855.00 FEET MORE OR LESS, TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THOSE PORTIONS DESIGNATED BY THE CALIFORNfA STATE HIGHWAY DEPARTMENT FOR FREEWAY AND SERVICE-ROAD PURPOSES, LEGALLY DESCRIBED BELOW AS PARCEL 1 AND PARCEL 2A, RESPECTIVELY, MD THAT PORTION OF SAID LOT 1 THAT LIES WESTERLY OF SAID PARCEL 1. PARCEL 1: BEGINNING AT THE NORTH QUARTER CORNER OF SAID SECTION 33; THENCE ALONG THE NORTH LINE OF SAID SECTION 33, SOUTH 89'11'06" EAST, 263.68 FEET TO A LINE BEARING NORTH 32'46'41" WEST, FROM A POINT BEING AT COORDINATES Y=339,009.75 AND X=1,677,698.92 FEET; THENCE ALONG SAID LINE SOUTH 32'46'41" EAST, 561.91 FEET TO LAST SAID POINT: THENCE SOUTH 36'16'49" EAST, 353.55 FEET; THENCE SOUTH 25'27'58" EAST, 88.85 FEET TO THE SOUTHEASTERLY LINE OF SAID LOT 1; THENCE ALONG LAST SAID LOT LINE AND ALSO THE SOUTHEASTERLY LINE OF SAID I.&T 4, SOUTH 33'09'27" WEST, 817.12 FEET TO A LINE BEARING SOUTH 31’00’45” EAST I’ . ” . l ;\ 'r; hf.&, F C \ * 7 I ” ,I ORDER NO. 986020-12 FROM A POINT BEING AT COORDINATES Y=338,287.45 FEET AND X=1,677,302.83 FEET: THENCE AIsONG LAST SAID LINE NORTH 31'00'45" WEST, 381.54 FEET TO LAST SAID POINT; THENCE NORTH 18'04'10" WEST, 457.06 FEET; THENCE NORTH 25'07'11" WEST, 43.40 FEET TO THE WESTERLY LINE OF SAID LOT 1; THENCE AJAJNG SAID LOT LINE NORTH 0'54'54" WEST, 724.72 FEET TO THE POINT OF BEGINNING. PARCEL 2A: A STRIP OF LAND 60 FEET WIDE, THE CENTER LINE OF SAID 60 FOOT STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING IN THE WEST LINE OF THE EAST HALF OF SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF DISTANT NORTHERLY ALONG SAID WEST LINE 1926.32 FEET FROM THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 28, SAID POINT OF BEGINNING BEING AT COORDINATES Y-342,771.44 FEET AND X=1,677,158.09 FEET; THENCE ALONG SAID EAST LINE SOUTH 0'28'30" WEST, 743.06 FEET; THENCE ALONG A TANGENT CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 10,000 FEET THROUGH AN ANGLE OF 21'25'27", A DISTANCE OF 373.92 FEET; THENCE TANGENT TO LAST SAID CURVE SOUTH 20'56'57" EAST, 3088.43 FEET TO A POINT DISTANT 30.00 FEET AT RIGHT ANGLES FROM THE SOUTH LINE OF LOT 1 OF SECTION 33 OF SAID TOWNSHIP 12 SOUTH, RANGE 4 WEST; THENCE PARALLEL TO SAID LOT LINE NORTH 69'05'40" WEST, 100.00 FEET TO A ' POINT, LAST SAID POINT BEING DISTANT FOR REFERENCE SOUTH 80'08'25" EAST, 156.58 FEET FROM AN ANGLE POINT IN THE SOUTHERLY LINE OF SAID LOT 1, LAST SAID ANGLE POINT BEING THE WESTERLY TERHINUS OF THAT COURSE SHOWN AS "NORTH 69'58'02" WEST, 454.38 FEET" ON RECORD OF SURVEY MAP NO. 1676, FILED NOVEMBER 26, 1947 IN THE OFFICE OF THE RECORDER OF SAN DIEGO COUNTY. PARCEL c: ALL THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER IN SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO HERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, LYING NORTHERLY AND NORTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 28; THENCE ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER, NORTH 0'12'25" WEST, 746.00 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED LINE: THENCE SOUTH 89.47'35" WEST, 334.09 FEET: THENCE NORTH 43'15'25" WEST, 205.17 FEET; THENCE SOUTH 89'47'35" WEST, 475.16 FEET, MORE OR LESS, TO THE EASTERLY LINE OF THAT LAND DESCRIBED IN :’ 1 a .*.;. i. it t R , \+ . C‘ 1 Y ,t . ’ I ORDER NO. 986020-12 DEED TO A.H. VAIL, RECORDED JANUARY 31, 1890 IN BOOK 157, PAGE 493 OF DEEDS; THENCE ALONG THE EASTERLY LINE OF SAID VAIL'S LAND, NORTH 23'47'15" WEST, (RECORD MAGNETIC BEARING NORTH 38'20' WEST), 456.25 FEET TO THE NORTHERLY LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 28. EXCEPTING THEREFROM THAT PORTION OF SAID LAND LYING WITHIN A STRIP OF LAND 60.00 FEET WIDE, THE CENTERLINE OF SAID 60 FOOT STRIP IN THE AFORESAID LANDS IS PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST LINE OF THE EAST HALF OF SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF DISTANT NORTHERLY ALONG SAID WEST LINE 1926.32 FEET FROM THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 28, SAID POINT OF BEGINNING BEING AT COORDINATES X=1,677,158.09 FEET AND Y=342,771.44 FEET: THENCE ALONG SAID EAST LINE SOUTH 00'28'30" WEST, 743.06 FEET; THENCE ALONG A TANGENT CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 1,000 FEET THROUGH AN ANGLE OF 21'25'27", A DISTANCE OF 373.92 FEET: THENCE TANGENT TO LAST SAID CURVE SOUTH 20'56'57" EAST, 3088.43 FEET TO A POINT, DISTANT 30.00 FEET AT RIGHT ANGLES FROM THE SOUTH LINE OF LOT 1 OF SECTION 33 OF SAID TOWNSHIP 12 SOUTH, MNGE 4 WEST; ThZNCE PAMLLEL TO SAID LOT LINE NORTH 69'05'40" WEST, 100.00 FEET TO A POINT, LAST SAID POINT BEING DISTANT FOR REFERENCE SOUTH 8'08'25" EAST, 156.58 FEET FROM AN ANGLE POINT IN THE SOUTHERLY LINE OF SAID LOT 1 LAST SAID ANGLE POINT BEING WESTERLY TERMINUS OF THAT COURSE SHOWN AS "NORTH 69'58'02" WEST, 454.38 FEET" ON RECORD OF SURVEY MAP NO. 1676, FILED NOVEMBER 26, 1947 IN THE OFFICE OF THE RECORDER OF SAN DIEGO COUNTY AS GRANTED TO THE STATE OF CALIFORNIA BY DEED RECORDED AUGUST 8, 1961 AS FILE NO. 136233 OF OFFICIAL RECORDS.