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Home My WebLink AboutCT 94-01; WL Homes LLC; 1998-0809984; Notice of Restriction. L , c - DOC 7 1998-0809984 89 DEC 14, 1998 XL:05 AM RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: > > City Clerk 1 aTICIAL RumH SAN DIEGO CUNY REMRDER’S OFFICE GmoftY ~MTH, cyTYYREcoRDER : . lillllillll~llll~~ullill~lUllll~llINIIIIYIWI 1999-0909984 CITY OF CARLSBAD > 1200 Carlsbad Village Drive > Carlsbad, California 9200% 1989 1 Space above this line for Recorder’s use Parcel No. 216-510-06 The undersigned Owner is the Developer and& Holder of the TitIe to Certain Real Property in the City of Carlsbad, County of San Diego, California, more fully described as: Lot 8 of Carlsbad Tract No. 94-01, Poinsettia Shores Unit I, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 13 181, filed in the office of the County Recorder of San Diego County, on January 26,199s The following NOTICES are contained in this document: NOTICE CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS NOTICE CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS CITAU A. The purpose of this notice is to disclose to tl~ lllest extent possible present and future potential impacts of noise generated by all manner of aircraft including public and private aircraft which wifl generate noise and other environmental impacts. B. The property is located approximately 3 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 to aircraft, flight, the flight patterns of the aircraft, nor the frequency of the flights. 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. MULTINOISE.FRM Rev. 03127195 #3-l31 90 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 Specific Plan 201 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 of 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. The property shalt 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 envhonmental impact. Purchaser acknowledges and accepts these existing and future impacts and waives any and all causes of action and covenants not to sue the City of Carlsbad, its agents, servants or employees as to any damages or injuries resulting from said impacts. 5. That the train operations of the Railroad may create significant 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 vibration, sight and sound. 6. 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. 7. 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 trains which will generate noise and other environmental impacts. Purchaser acknowledges and accepts these existing and future impacts and forever waives any and all causes of action and covenants not to sue the City of Carlsbad, its agents, servants or employees as to any damages or injuries resulting from said impacts. MULTI-NOISE.FRM Rev. 03127195 . , . . . -31 IN WITNESS WHEREOF, these Declarations of, Notice of aircraft, sight and sound are made this 2ND &yof DECEMBER ,I998 . *OWNER: WL HOMES LLC, A DELAWARE LIMITED LIABILITY COMPANY, DBA WATT HOMES STEVE JUBEL, DIVISION PRESIDEHT (print name here) DIVISION PRESIDENT (title and organizational of signatory) By: (sign here) (print name here) (title and organization of signatory) (Proper notarial acknowledgment of execution by Contractor must be attached.) (President or vice president $&Q secretary or assistant secretary musi 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). (if signed by an individual partner, the partnership must atiach a statement of partnership authorizing the partner to execute this instrument). APPROVED AS TO FORM: RONALD R. BALL, City Attorney MULTINOISE.FRM Rev. 03127195 i I l I l I l I l I a I l I l I l I l I l I l 1 l I l I l I l I l I l I l I l I l I l I 9 f a: .- -- ih&JRPOSE ACKNOWLEDGMENT 92 e-e-e-e -e-•-e-e-e-e- e-e-e-e-e-e-e -e personally appeared SIGNER(S) sonally known to me - OR- 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. The information below is not required by law. attachment of this acknowl- edgment to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTIONOFATTACHED DOCUMENT Cl cl cl cl cl cl cl INDIVIDUAL CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) PARTNER(S) ATTORNEY-IN-FACT NUMBER OF PAGES TRUSTEE(S) GUARDIAN/CONSERVATOR DATE OF DOCUMENT OTHER: OTHER RIGHT THUMBPRINT SIGNER IS REPRESENTING: NAME OP PERSON(S) OR ENTlTY(IES) OF ~1 SIGNER In I l -•-e-e-e- e-e-•-e-e-e-e -e-e oe-e-e-e APA 5197 VALLEY-SIERRA, 800-362-3369