HomeMy WebLinkAboutCT 97-22; Shea Homes LP; 2000-0380877; Notice of Restriction1
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5552 JUL- 19, 2000 2:X8 FM
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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