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Home My WebLink AboutCT 91-02; Camino Group, The; 1994-0570503; Notice of Restriction-. . . , \ c , RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 ,- I’ ;‘:iCTT’$! ;iryrq”.: i, 1472 _ -. .& / _ : b :- ., ! ‘. & _ c>s f ;;7r;.fi .=-,:,i .yq’- ;::l,:;‘i: L ,--., i. l i,$iT#‘! q:r$-.c,l5 .z :,;r-i”r .I_- <‘i,. :, _ 1 ! .:-- jq-::qP?: C$;liTb :~i-~;i jtlT’~ Dr’~!,~!pr;iT~ -, i;i;‘: .&i- :,:v ;:-:;.y ,.,--L:.i:i’. $5. ! !C, !?!,T ::.:,:, 1 z 7 t: 5 1 j?,. s I .L’ , : ..‘ --2’ __a 1.. ::: II i+ ipf;- 1 !.’ z 3;: : : ! 1-q ; . Y i ; 1 ; ; 1 NOTICE CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS .. CASE NO: CT 91-2 This Declaration and Notice Concerning Aircraft Environmental Impacts is made bY THE CAMINO GROUP hereinafter 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: SEE ATTACHED EXHIBIT "A" 8. The property is located approximately 1.1 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. 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. NOISE FORM #2 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 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 and private aircraft which will generate noise and other environmental impacts. 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 v (CT/f&& 91-T ) 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 flight 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 future potential impacts of noise generated by all manner of aircraft including public and private aircraft which will generate noise and other environmental impacts. . NOISE FORM #2 . . . 1 FORM: NOI?-- 2: 3 of 3 1474 i.- IN WITNESS WHEREOF, this Declaration of Notice of aircraft, overflight, sight, and sound is made this I S day of STATE OF CALIFORNIA, COUNTY OF 1 ss. On personally appeared on the basis of satisfac instrument as behalf of named, and a pursuant to its b or said, County and State, n to me (or proved to me ho executed the within Secretary, on the corporation herein ed the within instrument CORPORATION ACKNOWLEDGEMENT: PARTNERYHIP ACKNOWLEDGEMENT: lNDlVlDlJ:i ACKNOWLEDGEMENT: ,, WITNESS my hand and official seal. A-l-h ck Notary Public in and for said County and State NOISE FORM #2 CALIFORNIA Al&PURPOSE ACKNOWLEDGMENT f4?s No. 5907 State of C24U I?? 1 A County of 52+--J \nl BD before me, NAME, TITLE OF OFFICER - E.G., “JANE DOE, NOTARY PUBLIC” personally appeared 0, , CD - NAME(S) OF SIGNER(S) 0 personally known to me - OR -6ved to me on the basis of satisfactory evidence to be the person@$vhose namemy subscribed to the within instrument and ac- knowledged to the same in capacity(i&), and that by @l-&Ah&i? signature(#on the instrument the person&, or the entity upon behalf of which the personw acted, executed the instrument. WITNESS mv hand and official seal. CHMSTlNE S. HALC SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT q INDIVIDUAL 17 CORPORATE OFFICER lJ~-m?rcJDee~~~ a azK-clw-q~~~W~ti TI E OR TYPE OF DOCUMENT TITLE(S) ww+k &ARTNER(S) 0 LIMITED GENERAL &iGm 0 ATTORNEY-IN-FACT NUMBER OF PAGES 0 TRUSTEE(S) i ;;;;;lAN/CONSERVATOR DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION l 8236 Remmet Ave., P.O. Box 7184 l Canoga Park, CA 91309-7184 A. .* - -- - . 1476 , DESCRIPTXON EXHIBIT “A” PARCEL 1: THAT PORTION OF LOT F OF RANCH0 AGUA HEDIONDA, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: COMMENCING AT POINT 23 ON THE BOUNDARY OF LOT F, AS SHOWN ON SAID MAP BEING THE NORTHERLY CORNER OF LANDS GRANTED BY CHARLES KELLY AND WIFE TO ELMER U. CARPENTER BY DEED RECORDED JUNE 1, 1937, IN BOOK 662, PAGE 755 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE SOUTH ll" 55' 07" WEST 14.42 FEET ALONG THE NORTHWESTERLY BOUNDARY OF SAID CARPENTER LANDS TO THE SOUTHWESTERLY LINE OF EL CAMINO REAL, AS SHOWN ON ROAD SURVEY 1800-1, AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED JANUAR Y 14, 1970, AS DOCUMENT NO. 7225 OF OFFICIAL RECORDS OF SAID COUNTY, BEING A POINT ON A CURVE IN SAID SOUTHWESTEIUY LINE CONCAVE SOUTHWESeTERLY AND HAVING A RADIUS OF 3455.00 FEET, A RADIAL LINE FROM SAID POINT BEARS SOUTH 35O 35' 22" WEST, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF go 02' 31", A DISTANCE OF 545.24 FEET TO A TANGENT LINE IN SAID SOUTHWESTERLY LINE OF EL CAMINO REAL; THENCE NORTH 63" 27' 09" WEST 472.26 FEET TO THE BEGINNING OF A TANGENT CURVE IN SAID SOUTHWESTERLY LINE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 14,955.OO FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF O" 29' 19", A DISTANCE OF 127.53 FEET TO STATION 420 PLUS 25 AS SHOWN ON SAID ROAD SURVEY 1800-l; THENCE LEAVING SAID SOUTHWESTERLY LINE SOUTH 2E" 53' 52" WEST 178.31 FEET; THENCE SOUTH 56O 13' 05" EAST 1236.00 FEET TO AN ANGLE POINT IN THE NORTHWESTERLY LINE OF SAID CARPENTER LANDS; THENCE NORTH ll" 55' 07" EAST 301.18 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 2: THAT PORTION OF LOT F OF RANCH0 AGUA HEDIONDA IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: COMMENCING AT POINT 23 ON THE BOUNDARY OF LOT F, AS SHOWN ON SAID MAP, BEING THE NORTHERLY CORNER OF LANDS GRANTED BY CHARLES KELLY AND WIFE TO ELMER U. CARPENTER BY DEED RECORDED JUNE 1, 1937 IN BOOK 662, PAGE 755 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE SOUTH 11" 55' 07" WEST 14.42 FEET ALONG THE NORTHWESTERLY BOUNDARY OF SAID CARPENTER LANDS TO THE SOUTHWESTERLY LINE OF EL CAMINO REAL, AS SHOWN ON ROAD SURVEY 1800-1, AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED JANUARY 14, 1970 AS DOCUMENT NO. 7225 OF OFFICIAL RECORDS OF SAID COUNTY, BEING A POINT ON A CURVE IN SAID SOUTHWESTERLY LINE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 3455.00, A RADIAL LINE FROM SAID POINT BEARS SOUTH 35" 35' 22" WEST, THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF go 02' 31", A DISTANCE OF 545.24 FEET TO A TANGENT LINE IN SAID SOUTHWESTERLY LINE OF EL CAMINO REAL; THENCE NORTH 63" 27' 09" WEST 472.26 FEET TO THE BEGINNING OF A TANGENT CURVE IN SAID SOUTHWESTERLY LINE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 14,955.OO FET; THENCE NORTBXESTERLY ALONG SAID CURVE THROUGH A *e rc. -. I . 3 , DESCRIPTION EXHIBIT “A” CENTRFLL ANGLE OF O" 29' 19", A DISTANCE OF 127.53 FEET TO STATION 420 PLUS 25 AS SHOWN ON SAID ROAD SURVEY 1800-l; THENCE LEAVING SAID SOUTEXESTERLY LINE SOUTH 28“ 53' 52" WEST 178.31 FEET, BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 17O 24' 23" EAST 278.57 FEET; THENCE SOUTH 29O 42' 33" EAST 399.26 FEET; THENCE SOUTH 54=' 36' 44" EAST 601.95 FEET MORE OR LESS TO THE MOST WESTERLY CORNER OF SAID LAND TO CARPENTER; THENCE NORTH 420 59' 32" EAST 374.50 FEET TO A ANGLE POINT IN SAID LAND TO CARPENTER; THENCE NORTH 56O 13" 05" WEST 1236.00 FEET TO THE TRUE POINT OF BEGINNING.