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HomeMy WebLinkAboutCT 97-22; Shea Homes LP; 2000-0380877; Notice of Restriction1 . r . l~l~l~l~ll~~~l~~~~RRIuuIvYYY rm -,. 2000-0380877 2QQO-0380877 5552 JUL- 19, 2000 2:X8 FM UFFICML REcDms SAN DIEGO CMTY f#XORDWS DFFICE GREGURY &fUTH, CWl&RECORDER . . . RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ; City Clerk > CITY OF CARLSBAD 1 1200 Carlsbad Village Drive > Carlsbad, California 92008-1989 1 I~JJDE~ rtS “R)OncE’I Space above this line for Recorder’s use Parcel No. 214-150-24 The undersigned Owner is the Developer and/or Holder of the Title to Certain Real Property in the City of Carlsbad, County of San Diego, California, more fully described as: Portions of Lot 3 and the north l/3 of Lot 4 of Section 29, Township 12 South, Range 4 West, San Bernardino Meridian, City of Carlsbad, San Diego County, State of California The following NOTICES are contained in this document: NOTICE CONCERNING PROXIMITY OF THE EXISTING CARLSBAD BOULEVARD TRANSPORTATION CORRIDOR NOTICE CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS NOTICE CONCERNING RAILROAD ENVIRONMENTAL IMPACTS NOTICE CONCERNING PROXIMITY OF THE PROPOSED COMMUTER RAIL TRANSIT STATION NOTICE CONCERNING ODOR ENVIRONMENTAL, IMPACTS I. NOTICE CONCERNING PROXIMITY OF TFIE EXISTING CARLSBAD BOULEVARD TRANSPORTATION CORRIDOR RECITALS A. 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 vehicles including public and private vehicles which will generate noise and other environmental impacts. B. The propery is located adjacent to the Carlsbad Boulevard Transportation Corr<dor (hereafter described as corridor) on which transportation vehicles such as automobiles, trucks, motorcycles and/or vehicles for rail and transit are proposed to travel. MULTINOISE.FRM 1 Rev. 02/02/99 . 5553 C. Owner has no control over the operations of the corridor including the types of vehicles, trips and traffic, nor the frequency of the trips. , D. It is the desire of Owner to give notice to any potential purchaser of the real property of its proximity to the corridor and the fact that purchasers may be subject to the impacts of said proposed transportation corridor. NOW THEREFORE, in light of the above Recitals, owner 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 be 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 corridor, including without limitation, the types or number of vehicles operating on the corridor. 3. That the vehicle operations on the corridor may create significant impacts affecting the purchasers, tenants and occupants of the property and that purchasers, tenants and occupants of the property reside there subject to sight and sound of vehicle operation. 4. The property shall be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied and improved subject to this 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 vehicles including public and private vehicles 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 against the City of Carlsbad, and covenants not to sue the City of Carlsbad, its agents, servants or employees as to any damages or injuries resulting from said impacts. II. NOTICE CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS RECITALS A. 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. 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 2 Rev. 02/02/99 5554 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 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 impact. Purchaser acknowledges and accepts these existing and future impacts and waives any and all causes of action against the City of Carlsbad, and covenants not to sue the City of Carlsbad, its agents, servants or employees as to any damages or injuries resulting from said impacts. III. NOTICE CONCERNING RAILROAD ENVIRONMENTAL IMPACTS RECITALS A. 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. B. The property is located adjacent to the North County Transit District Railway, City of Carlsbad, San Diego County through which are conducted certain railway operations on and about said railway. C. Owner has no control over the operations of the Railroad, including the types of equipment nor the frequency of the trains. D. It is the desire of Owner to give notice to any potential purchaser of the real property of the Railroad operation and the fact that purchasers may be subject to vibration, sight and sound of trains operating on the Railroad. 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 or control over the operation of the Railroad, including without limitation, the types or number of trains, timing of, or frequency of trains. MULTINOISE.FRM 3 Rev. 02102199 5555 3. 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. 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 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. IV. NOTICE CONCERNING PROXIMITY OF THE COMMUTER RAIL TRANSIT STATION RECITALS A. The purpose of this notice is to disclose to the fullest extent possible present and future potential impacts of noise and traffic generated by all manner of vehicles including public and private vehicles which may generate noise and other environmental impacts. B. The property is located north of the proposed North County Commuter Rail Transit Station (hereafter described as station) at which transportation vehicles such as automobiles, trucks, motorcycles and/or vehicles for rail and transit are proposed to travel. C. Owner has no control over the operations of the station including the types of vehicles, trips and traffic, nor the frequency of the trips. D. It is the desire of Owner to give notice to any potential purchaser of the real property of its proximity to the station and the fact that purchases may be subject to the impacts of said proposed transportation station. NOW THEREFORE, in light of the above Recitals, owner 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 20 1 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 station, including without limitation, the types or number of vehicles operating at the station. 3. That the vehicle operations at the station may create significant impacts affecting the purchasers, tenants and occupants of the property and that purchasers, tenants and occupants of the property reside there subject to sight and sound of vehicle operation. 4. The property shall be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied and improved subject to this 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 hJlJLTINOISE.FRM 4 Rev. 02/02/99 5556 potential impacts of noise and traffic generated by all manner of vehicles including public and private vehicles 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. V. NOTICE CONCERNING ODOR ENVIRONMENTAL IMPACTS RECITALS A. The purpose of this notice is to disclose to the fullest extent possible present and future potential impacts of odor generated by the Encina Sewer Plant. B. The property is located approximately ‘/z mile from the Encina Sewer Plant, City of Carlsbad, San Diego County. C. Owner has no control over the operations of the Sewer Plant. D. It is the desire of Owner to give notice to any potential purchaser of the real property of the Sewer Plant operation and the fact that purchasers may be subject to odor impacts from the Sewer Plant. 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 of the General Plan of the City of Carlsbad. 2. That Owner has no responsibility or control over the operation of the Sewer Plant. 3. The property shall be held conveyed, hypothecated, encumbered, leased, rented, used, occupied and imported 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 odor impacts generated by the Sewer Plant. 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. IN WITNESS WHEREOF, these Declarations of, I) Notice of corridor traffic, sight and sound; II) Notice of aircraft, sight and sound; III) Notice of train vibration, sigh and sound; IV) Notice of odor impacts; and V) Notice of station traffic, sight and sound are made this June 8 th day of , 20 00 -- MULTINOISE.FRM Rev. 02/02/99 5557 *OWNER: Shea Homes Limited Partnership a California limited partnership By: J.F. Shea Co., Inc, a Nevada corporation, General Partner Mark Brock (print name here) Vice President (title and organizational of signatory) c, Ryan Green (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 sea/ empowering the officer(s) signing to bind the corporation.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument). WTINOISE.FRM Rev. 02/02/99 STATE OF CALIFORNIA 5558 COUNTY OF SAN DIEGO Oil June 8, 2000 before me, Susan L. Triminqham Notary Public, personally appeared Mark Brock and Ryan Green [r/lpersonally known to me - or [ ] --^i.nrL_tcr to be the person(s) whose name(s) iebscribed to the within instrument and acknowledged to me that he/sh 0 they xecuted the same in his/he eauthorized capacity(ies), and that by his/h@ 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. 2?3zeedga (Signature of Notary) MULTINOISE.FRM Rev. 02/02/99 - CERTIFICATE OF CORPORATE SECRETARY OF J. F. SHEA CO., INC. 5559 April 28, 2000 I, James G. Shontere, Secretary of J. F. Shea Co., Inc., a Corporation created and existing under the laws of the State of Nevada, do hereby certify and acknowledge the following action taken by the Board of Directors of this Corporation without a meeting as permitted by the Bylaws of the Corporation and applicable law. RESOLVED, that the following named individuals are hereby elected to the offices appearing after their respective names, and will serve for the remainder of the year or until their successors are elected and qualified: RESOLVED, that any one of the following named officers of this Corporation: John F. Shea, President; Edmund H. Shea, Vice President; and Peter 0. Shea, Vice President; or any other person or persons designated in writing by any one of said officers, or any two of the individuals named below, are hereby authorized and empowered for and on behalf of this Corporation, on its own behalf or acting as general partner of Shea Homes Limited Partnership, a California limited partnership, to execute any bids, contracts, bid bonds, deeds, maps, plats or any other agreements or documents necessary for the performance of such contracts, agreements and/or documents, to execute any documents required to borrow funds from any lender to be secured by real or personal property owned by this Corporation, to execute agreements to purchase, escrow instructions, and any related documents in connection with the sale and conveyance of real property developed and sold by this Corporation on its own behalf, or acting as general partner of Shea Homes Limited Partnership, a California limited partnership, or any other real property owned by this Corporation, and to execute notes, deeds, maps, performance and payment bonds, deeds of trust, mortgages, guarantees, receipts, and all other documents necessary and convenient to carry out the business operations of this Corporation on its own behalf and doing business as Shea Homes, or acting as general partner on behalf of Shea Homes Limited Partnership, a California limited partnership: *John F. Shea, Director *Edmund H. Shea, Jr., Director *Peter 0. Shea, Director Roy W. Humphreys, President Richard C. Andreen, Vice President ’ Mark Brock, Vice President Howard Hulme, Vice President Max B. Johnson, Vice President Ron Lakey, Vice President Layne Marceau, Vice President David Miller, Vice President Buddy Satterfield, Vice President Bert Selva, Vice President Les Thomas, Vice President David J. Van Ramshorst, Vice President Bruce J. Varker, Vice President Robert R. O’Dell, Treasurer *James G. Shontere, Secretary . - Certificate of Corporate Secretary of J. F. Shea Co., Inc. . April 28, 2000 Page 2 5560 Assistant Secretary: . Tim Amberry Richard Raymond Andersen Joanne Anderson Paul L. L. Barnes Ernest J. Boitano Sue Brady Robert T. Bunyan Kurt R. Burger Robert M. Burke William M. Bush Robert V. Claflin Robert L. Crandall Phil Culler Scott Custer John C. Danvers Jeffrey H. Donelson Jason L. Enos s Yvonne Espinoza John Franklin Takashi Fujii Thorn Gamble David Garcia Karyl Gately Donald J. Gause W. Steve Gilmore Jack Godard Ryan Green Shirley V. Grimm Carly Harlacher Charla L. Hauser Laura Herse Jeff Hinkle Dale Holbrook N. Kelly House Paul A. Howard Catherine M. Huff James Johnston Jeffrey F. Kappes Jim Kenny Teresa G. Kershisnik John Kilrow Richard A. Knowland Debra L’ltalien Chester T. Latcham Joyce Manigold Marion P. Marcum Certificate of Corporate Secretary of J. F. Shea Co., Inc. . April 28,200O Page 3 5561 Assistant Secretary (continued): H. James Matthews Oren Jon McCaustland Jeff McQueen Ronald C. Metzler Kevin O’Neill Richard J. Obernesser Brad Olsen Steve Ormiston Lee Pacheco . Jennifer Patterson Kevin Peters Ken Petersen Robb Pigg William J. Pisetsky Wesley D. Popplewell Philip Rafton Tim Roberts Darlene Robinson Cynthia Roush Carol A. Ryan Alison 6. Shea Teri Shusterman Eddy Skees Eric Snider Jeanne Stott ’ Karen Tice Alan F. Toffoli Linda C. Tong Michael J. Tracy Ruth Truman John Vander Velde Lily A. Wallace Brian L. White Lisa Whitney Jeffrey D. Willis Michael F. Wintemute Robert J. Yoder Jay Zimmer *Board of Directors . NOTE, that the above list is the result of the addition of James Johnston and Richard J. Obernesser, and the deletion of John F. Lockett and James L. Ruzicka. . , Certificate, of Corporate Secretary of J. F. Shea Co., Inc. April 28, 2000 Page 4 5562 RESOLVED FURTHER, that either the President, Vice President or Assistant Secretary of Shea Homes, Inc. is hereby authorized to execute and file on behalf of this Corporation applications with the office of the California Real Estate Commissioner, or the Colorado Real Estate Commissioner, for final Subdivision Reports, or any similar document required or advisable with respect to all or any portion of any real property which is owned by this corporation. In testimony whereof, I have hereunto set my hand and the Corporate seal this 28th day of April 2000. J. F. SHEA CO., INC. James G. Shontere Secretary