HomeMy WebLinkAboutCT 97-16; Shea Homes LP; 2003-1383777; Notice of Restriction\’ .
RECORDED REQUES’r OF
First American Title
SUBDIVISION MAPPING DEPT.
RECORDING REQUESTED BY AND )
/o WHEN RECORDED MAIL TO: )
City Clerk
CITY OF CARLSBAD
OFFICIAL REm
sIy( DIEGO m RErn’S OFFICE
GaGoRy J. SnITH, WUNTV RECORDER FEES: 18.00
1200 Carlsbad Village Drive
Carlsbad, California 92008-1 989 1 Space above this line for Recorder’s use
NOTICE CONCERNING AIRCRAFT
ENVIRONMENTAL IMPACTS
CASE NO: CT 97-16
This Declaration and Notice Concerning Aircraft Environmental Impacts is made by
(name of legal owner) Shea Homes Limited Partnership 9 44
(individual, corporation, etc.) California Limited Partnership , herein after referred
to 2s rht: ~~~j~~~‘~~~~~~~~”~~~p~~ 01 cwtain. ~eal propxty SI+UW& ~R,tke~~~~~rQ~,C~l$~~,-~~i~~
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:
Lots 1 through 79, inclusive, 81, 84 through 159, 161, 163, 164, 170 and 171 of
CARLSBAD TRACT NO. 97-l6A, KELLY RANCH CORE according to Map
thereof No. 14340 filed in the Office of the County Recorder of San Diego
County, California, on February 1, 2002 the Final Map (“Final Map”) and
Boundary Adjusted Lot 83 of the Final Map (Lot “83”)
B. The property is located approximately 1 1/2 mile(s) from the McClellan-Palomar
Airp&-CiQLof ca@sbzd,, San Diego Coaty (the “Airport”), operated by the
County of San Diego, through which are %o”iPBitttWcertairi. ttiror&qwal@s,.~
and about said Airport and over real property in the vicinity of the Airport.
-9-p I\-*% *,*h
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.
D. It is the desire of Owner to give notice to any potential purchaser of the real
Rev. 03/27/95 f Noise Form #2
FORM: NOISE 2: 2 OF 3
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.
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, military 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 Subdivisioii Tract
Parcel Map (CT 97-16), 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 propa’iy.
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 Rev. 03/27/95
FORM: NOISE 2: 3 OF 3
Executed this 3th day of November ,2003 .
*OWNER:
Shea Homes Limited Partnership, a
California Limited Partnership
By: Liability Company, Its General Partner
J.F. Shea LLC, a Delaware Limited
John B. Vance
(print name here)
Assistant Secretary
Tod Fontana
(print name here)
Assistant Secretary
(title and organization of signatory)
(Proper notarial acknowledgment of execution by Contractor must be attached.)
(Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant
treasurer must sign for corporations. Otherwise, the corporation must attach a resolution
certified by the secretary or assistant secretary under corporate seal empowering the oHcer(s)
signing to bind the corporation.)
(If signed by an individual pattner, the partnership must attach a statement of partnership
authorizing the partner to execute this instrument).
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
Bv:
Deputy City Attorney
Noise Form #2 Rev. 03/27/95
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
on November 13, 2003 beforeme, Sarah A. Cordon
Notary Public, personally appeared John B. Vance and Tod Fontana 7 c 4
personally known to me - w [ j j to be the
person(s) whose name(s) %are subscribed to the within instrument and acknowledged to me that
hekihdthey executed the same in-heir authorized capacity(ies), and that by-hkkdtheir
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
(Signature of Notary)
Noise Form #2 Rev. 03/27/95