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Home My WebLink AboutGPA 03-08; KSL Development; 2005-0183319; Notice of RestrictionDOC # 2005-01 8331 9 RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: 1 ) City Clerk ) CITY OF CARLSBAD ) 1200 Carlsbad Village Drive ) Carlshad California 92008-1989 ) I 11ll1111 Ill 111ll111ll Ill11 lllll Ill11 111ll Ill11 11111 lllll11111 Ill1 1111 MAR 04,2005 450 PM OFFICIAL RECDRDS SkN DIEGO CUUNT'I RECORDER'S UFFICE GREGORYJ SMITH, COUNTY RECURDER FEES 25 uu P,4G E S 7 I I1111 lllll11111 Ill1 1111 11111 Ill11 11111 lllll1111111111 Ill11 lllll Ill1 1111 111 Space above this line for Recorder's use Parcel No. 216-123-07.216-210-04,216-123-05 Project Number and Name: La Costa Resort and Spa Master Plan - GPA 03-08/ZC 03-04/MP 03-02lMP 149(S)iCT 03-01/PUD 03-06/SUP 03-03/SUP 03- 06 NOTICE CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS CASE NO: GPA 03-08/ZC 03-04M 03-02M 149(S)/CT 03-01/PUD 03-06/SUP 03-03/SUP 03-06 This Declaration and Notice Concerning Aircraft Environmental Impacts is made by (indilivic;lual, corporation, etc.) corporation , herein after referred to as the "Owner", as developer of certain real property situated in the City of Carlsbad, County of San Diego, State of California. (nmze oj"1egal owner) KSL Development Y 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: Shown on Exhibit A B. The property is located approximately 2.0 mile(s) 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 of aircraft, flight, the flight patterns of the aircraft, nor the frequency of the flights. ... ... Noise Form #2 Rev. 03127195 FORM: NOISE 2: 2 OF 3 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 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 Subdivision Tract Parcel Map (CT 03-011 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. 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. 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 ii.2 Rev. 03/27/95 FORM: NOISE 2: 3 OF 3 ,2oBs. +L Executed this I[ day of T@- \ *OWNER: (sign here) " 1 -, (print name here) . ~- (title and organization of signatory) Bv: (sign here) (print name here) (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 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). APPROVED AS TO FORM: RONALD R. BALL, City Attorney Noise Form #2 Rev. 03/27/95 STATE OF CALIFORNIA COUNTY OF SAN DIEGO On &?d%?t?tyy/Z before me, H JOY&& Notary Public, personally appeared f: edpda ,[ 1 personally known to me - or [d proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) idare 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 hishedtheir 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. (gignature of N&&) LOUISE R. JOHNSON( Comm.# 1405813 NOMY Wwc -CALIFORNIA E Son Diego Counb F Cm. Exdrei LIanh17.2007 ? Noise Form #2 Rev. 03/27/95 PARCEL 1 A PARCEL OF LAND BEING A PORTION OF SECTION 26 AND SECTION 35, BOTH IN TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF; EXCEPTING THEREFROM THAT PORTION OF EL CAMINO OF RECORD; ALSO EXCEPTING THEREFROM THE LEUCADIA COUNTY WATER DISTRICT SEWAGE TREATMENT PLANT SITE AS DESCRIBED IN DEED RECORDED AUGUST 11, 1961 AS DOCUMENT NO. 138155 OF OFFICIAL RECORDS; REAL PER ROAD SURVEY NO. 682 AND ROAD SURVEY NO. 1800-1 AND VARIOUS DEEDS ALSO EXCEPTING THEREFROM THOSE PORTIONS LYING WITHIN LA COSTA VALLEY UNIT NO. 1, PER MAP NO. 5434, LA COSTA VALLEY UNIT NO. 2, PER MAP NO. 5486, LA COSTA CONDOMINIUM UNIT NO. 3, PER MAP NO. 6129 AND LA COSTA CONDOMINIUM UNIT NO. 4, PER MAP NO. 6520, ALL FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; ALSO EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL A, AS DESCRIBED AS A PARCEL OF LAND BEING A PORTION OF LOT 14 IN SECTION 35, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, AND LOT 3 OF LA COSTA CONDOMINIUM NO. 4, AS SHOWN ON MAP NO. 6520, FILED IN THE OFFICE OF THE COUNTY RECORD RECORDER OF SAN DIEGO COUNTY, ALL IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA; ALSO EXCEPTING THE LA COSTA SHOPPING CENTER, BEING THOSE PORTIONS OF LOTS 9, 14 AND 15 OF SECTION 35, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICAL PLAT THEREOF; TOGETHER WITH THOSE PORTIONS OF LOTS 45 AND 46 OF LA COSTA VALLEY UNIT NO. 1, ACCORDING TO MAP NO. 5434, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AND THOSE PORTIONS OF SECTIONS 25, 26, 35 AND 36, 7OWNSHlP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, ALL BEING IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, EXCEPTING ANY PORTION LYING WITHIN LA COSTA CONDOMINIUM UNIT .NO. 3, ACCORDING TO MAP THEREOF NO. 6129, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AND LA COSTA CONDOMINIUM UNIT NO. 4, ACCORDING TO MAP THEREOF NO. 6520, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUTNY; ALSO EXCEPTING THEREFROM, A PORTION OF THE SOUTHEAST QUARTER OF SAID SECTION 26; ALSO EXCEPTION THAT PORTION OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF; TOGETHER WITH, A PORTION OF THE EAST HALF OF SECTION 36, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNADINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFONIA, ACCORDING TO THE OFFICIAL PLAT THEREOF; ALSO TOGETHER WITH A PORTION OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. PARCEL 2: PARCEL A OF PARCEL MAP NO. 13427, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF OFFICIAL RECORDS. . SAN DIEGO OF SAN DIEGO COUNTY AUGUST 16, 1984 AS DOCUMENT NO. 84-313333 PARCEL 3A: LOTS 121 THROUGH 129 INCLUSIVE OF LA COSTAVALLEY UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 5434, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JULY 29,1964. PARCEL 3B: LOT 225 AND 226 OF LA COSTA VALLEY UNIT NO. 4, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 5781, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 16,1966. PARCEL 3C: LOTS 145,146 AND 147 OF LA COSTA VALLEY UNIT NO. 3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 5734, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 18, 1966. EXCEPTING THAT PORTION OF SAID LOT 147, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER OF LOT 101 OF MAP NO. 5434, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, BEING AN ANGLE POINT IN THE SOUTHWESTERLY BOUNDARY OF SAID LOT 147; THENCE ALONG SAID SOUTHWESTERLY BOUNDARY, NORTH 57"24'00" WEST, 128.03 TO AN ANGLE POINT; THENCE SOUTH 64"00'00" EAST, 95.16 FEET; THENCE SOUTH 39"19'00" EAST, 35.24 FEET TO THE POINT OF BEGINNING. PARCEL 3D: LOTS 138,139 AND 140 OF LA COSTA VALLEY UNIT NO. 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 5486, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY OCTOBER 28,1964. PARCEL 4: A NON-EXCLUSIVE EASEMENT FOR PASSAGE, DRAINAGE AND MAINTENANCE OVER, UNDER, THROUGH AND ACROSS A PORTION OF LOT 148 OF LA COSTA VALLEY UNIT NO. 4, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 5781, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. PARCEL 5: PARCEL A, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON THAT CERTAIN "CERTIFICATE QF COMPLIANCE" RECORDS. RECORDED NOVEMBER 25, 1981 AS INSTRUMENT NO. 81- 374108 OF OFFICIAL PARCEL 6; A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS OVER-COSTA DEL MAR ROAD AS DEDICATED AND ACCORDING TO MAPS 6129 REJECTED ON LA COSTA CONDOMINIUMS NO. 3 AND 4 AND 6520 RESPECTIVELY; EXCEPTING THEREFROM ANY PORTION LYING WITHIN PARCEL 9 HEREIN DESCRIBED. PARCEL 7A: A NON-EXCLUSIVE EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS AND PEDESTRIAN AND VEHICULAR ACCESS OVER AND THROUGH THAT PORTION OF LOT 9 IN SECTION 35, TOWNSHIP 15 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, MORE PARTICULARILY DESRIBED AS F 0 LLOWS : BEGINNING AT THE SOUTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN A DEED TO LEUCADIA COUNTY WATER DISTRICT, RECORDED AUGUST 11,1961 AS DOCUMENT NO. 138155 OFFICIAL RECORDS; THENCE ALONG THE SOUTH BOUNDARY LINE AS DESCRIBED IN SAID DEED, NORTH 89'25'44'' WEST, 75.08 FEET; THENCE LEAVING SAID SOUTH BOUNDARY LINE AS DESCRIBED IN SAID DEED; THENCE ALONG SAID EAST BOUNDARY LINE SOUTH 00'34'16" WEST, 53.69 FEET TO THE POINT OF BEGINNING. , PARCEL 8: AN EASEMENT FOR A GOLF CART UNDERCROSSING STRUCTURE BEING IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING A PORTION OF THE NORTHEAST QUARTER AND THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFlCAlL PLAT THEREOF. PARCEL 9: ALL THAT PORTION OF COSTA DEL MAR ROAD, AS SHOWN AND DELINEATED ON MAP OF LA COSTA CONDOMINIUM NO. 4 ACCORDING TO MAP THEREOF NO. 6520, IN THE CITY OF CARLSBAD, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, LYING WESTERLY OF A RADIAL LINE FROM THE NORTHEASTERLY CORNER OF LOT 3 OF SAID MAP NO. 6520, HAVING A BEARING OF NORTH 38'33'43" WEST, PER THAT CERTIFICATE OF COMPLIANCE RECORDED NOVEMEBER 25,1981 AS INSTRUMENT NO. 81-374108 OF OFFICIAL RECORDS.