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Home My WebLink AboutCT 91-03; George Wimpey Inc; 1993-0821732; Notice of Restriction- 988 313 # 1~~3~~%~~~3~ 07--DEE-1993 IO=54 AM RECORDING REQUESTED BY AND ) WHEN RECORDED RETURN TO 1 OFFICIAL RECORDS SFlN DIE60 COUNTY RECORDER’S OFFICE ANNETTE EUfN;(; ~OUN~~E~~~O~DE~ RF: 3’ 14.00 AF: 7:oo c;Tf CL rzaK City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 1 MF: 1. DO 1 1 1 1 NOl-ICE CONCERNING AIRCRAFT ENVIRONlWlENTAL IMPACTS CASE NO. CT 91-3 This Declaration and Notice Concerning Aircraft Environmental Impacts is made by GEORGE WIMPEY, INC., hereinafter referred to as the “Owner” is 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” B. The property is located approximately 1.4 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 contra! over the operations of the Airport, including the types of aircraft, flights, the flight patterns of the aircraft, nor the frequency of the flights. D. It is the desire of the 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: 989 1. Owner has and shall develop the property in accordance with Subdivision Tract Parcel Map (CT 91-3) 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 numbers of flight operations, types of aircraft (including jet aircraft), timing of flight operations, 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. IN WITNESS WHEREOF, this Declaration of Notice of aircraft, overflight, sight and sound is made this 22nd day of November, 1993 GEORGE WIMPEY INC, By: &% * ; bf, No. 5193 --__ -___-_- __-- - ---- --- --- ----- ----- -------- - - OPTIONAL SECTION - CAPACITYCLAIMED BY SIGNER personally appeared Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. NAME, TITLE OF OFFICER - E.G., “JANE DOE, NOTARY PUBLIC” kAME(S) OF SIGNER(S) personally known to me - OR - 0 proved to me on the basis of satisfactory evidence 0 PARTNER(S) q LIMITED to be the person@) whose name@) is/w 0 GENERAL subscribed to the within instrument and ac- 0 ATTORNEY-IN-FACT knowledged to me that he/sb&thq executed 17 TRUSTEE(S) the same in his/he&be+r authorized capacity(i.@, and that by his/heWbeir q GUARDIAN/CONSERVATOR signature(s) on the instrument the person@), cl OTHER: or the entity upon behalf of which the person@ acted, executed the instrument. SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMEN ec\srs-f~k 0-t nJO%~Ce- 0 Fh rc_f4 t THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES c% DATE OF DOCUMENT 1 I ! > -r j 9 -3 IG-PSl Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION. 8236 Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309-7184 . . .* . . L . -_ 99’1 EXHIBIT “A” , s I- DESCRIPTION That portion of Lot "F" Of RANCH0 AGUA HEDIONDA, partly within 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 said San Diego County, November 16, 1896, described as follows: COMMENCING at Point 1 of said Lot "F" as shown on said Map, said Point 1, being South 74" 13' 29" East 366.11 feet from centerline Station 414 plus 24.79 of Road Survey 1800-l as described in that certain deed to the County of San Diego, filed in the Office of the County Recorder of said San Diego County, January 14, 1970 as File No. 7225 of Official Records; thence along the boundary line of said Lot "F" South 25 ' 00' 29" East 229.43 feet, (Record South 25" 33' 56" East 229.00 feet per Deed), to Point 23 of said Lot, 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 75 of Official Iccords, in the Office of the County Recorder of San Diego County; thence South ll" 48' 43" West 14.39 feet, (Record South 11" 55' 07" West, 14.42 feet .per Deed), along the Westerly boundary of said Carpenter land to the Southwesterly line of El Camino Real, as shown as said Road Survey No. 1800-l; thence continuing along said Westerly boundary of said Carpenter land South 11' 39' 13" West 300.69, (Record South 11' 55' 07" West 301.18 feet per Deed); thence South 42" 29' 10" West 373.91 feet, (Record South 42' 59' 32" West 374.50 feet per Deed), to the TRUE POINT OF BEGINNING; thence continuing along said boundary South 42" 38' 34" West 937.98 feet, (Record South 42' 24' 42" West 938.72 feet per Deed), to the beginning of a tangent 600.00 foot radius curve concave Southeasterly ; thence Southwesterly along said curve through a central angle of 26' 00' 25" a distance of 272.35 feet, (Record 269.80 feet per Deed); thence tangent to said curve South 16" 38' 09" West 386.23 feet, (Record South 16" 38' 52" West 386.15 feet per Deed), to the most Westerly corner of land conveyed to James A. Dye, et ux, by Deed filed in the Office of the County Recorder of said San Diego County, December 31, 1969 as File No. 236219 of Official Records; thence South 89" 59' 34" West 1,548.97 feet to a point on the boundary line of said Lot "F" between Points 4 and 5 of said Lot; thence along said line North 00" 11' 52" East, (Record North 00" 12' 00" East per Deed), 2122.00 feet to said Point 4 of Lot "F"; thence North 82' 01' 27" West, (Record North 81' 59' 35" West per Deed), 240.34 feet to a point on a line drawn parallel with and distant 100.00 feet measured at right angles from the common boundary line between Lots "F" and "I"; thence along said parallel line North 01' 55' 36" West 450.06, (Record North 01" 38' 25" West 445.00 feet per Deed); thence leaving said parallel line North 55' 56' 14" West 123.59 feet, (Record South 55' 33' 25" East per Deed), to the Northeasterly corner of land described in deed to Marvin H. Sippel, et ux, filed in the Office of the County Recorder of said San Diego County November 13, 1962 as File No. 193941 of Official Records; thence along said common line between Lots I and F North 01' 55' 56" West, (Record South 01" 54' 38"West per Deed), 670.29 feet to a point in the Southwesterly boundary of El Camino Real, as shown on said Road Survey No. 1800-1, said point also being a point on the arc of a non-tangent 6945.00 foot radius curve concave Northeasterly, a radial line to said curve bears South 23' 39' 21" West; thence Southeasterly along said Southwesterly and the arc of said curve through a central angle of 00" 15' 21" a distance of 31.02 'feet; thence South 23" 24' 00" West 18.00 feet; thence South 66' 36' 00" East 150.00 feet; thence North 23" 24' 00" East 18.00 feet; thence South 66" 36' 00" East 1428.64 feet to the beginning of a tangent 14'955.00 foot radius curve concave Southwesterly; thence along said curve through a central angle of 02" 39' 31" a distance of 693.95 feet; thence leaving said Southwesterly line South 28" 48' 15" West 178.56 feet, (Record South 28" 53' 52" West 178.31 feet per Deed); thence South 17' 30' 06" East 278.47 feet, (Record South 17' 24' 23" East 278.57 feet per Deed); thence South 29O 38' 12" East 399.10 feet, (Record South 29" 42' 33" East 399.26 feet per Deed); thence South 54' 46' 09" East 606.05 feet, (Record South 54' 36' 44" East 601.95 feet per Deed), to the most Westerly corner of said Carpenter land said point also being the TRUE POINT OF BEGINNING.