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Home My WebLink AboutCT 02-15; Bressi Ranch Development; 2013-0674858; Notice of Restriction/ReleaseRECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOCtt 2013-0674858 lllllllllllllllllillllllllllillilllllllllllllllll NOV 14. 2013 2:25 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 28.00 PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE Portion of 213-262-11-00 ASSESSOR'S PARCEL NO. PROJECT NO. & NAME: CT 02-15 Bressi Ranch Industrial RELEASE OF NOTICE OF RESTRICTION ON REAL PROPERTY OF BRESSI RANCH DEVELOPMENT, LLC AND ITS SUCCESSORS IN INTEREST NOTICE IS HEREBY GIVEN that on March 17, 2004 a Notice of Restriction on Real Property was conditioned for the approval of a Tentative Subdivision Map Permit No. CT 02-15, to give notice of certain lots located within the Flight Activity Zone as described in the Comprehensive Land Use Plan (CLUP) for .the McClellan-Palomar Airport and to limit assembly areas and prohibit certain uses, such as but not limited to, hotels and motels. A comprehensive update to the CLUP, renamed the McClellan- Palomar Airport Land Use Compatibility Plan (ALCUP), has since been approved by the San Diego Airport Land Use Commission. This document, adopted on January 25, 2010, and later amended on March 4, 2010, creates new Safety Compatibility Criteria for various land uses types located within Safety Zones 1-6. Hotels and motels are land use types within the ALCUP that are now considered "conditional" in Safety Zones 2-5 and "compatible" in Safety Zone 6. A "conditional" land use type is considered "compatible" if all listed conditions are met under the ALUCP. On July 17, 2013, the City of Carlsbad's Planning Commission made findings that a 106 room hotel proposal on a portion of Assessor's Parcel Number 213-262-11 was consistent with the ALUCP and approved a Conditional Use Permit (CUP 12-05) to allow the hotel development, subject to Condition No. 27 of Planning Commission Resolution No. 6999 requiring that the developer first request and receive from the City, a Release of Notice of Restriction on Real Property recorded June 2, 2005 in the San Diego County Recorder's Office under Document No. 2005-0461222. Therefore, the Notice of Restriction, recorded as Document No. 2005-0461222 on June 2, 2005, is hereby released on the central portion of Assessor's Parcel No. 213-262-11-00 as more particularly described in attached Exhibit 'A' (Parcel 2). Release of Notice of Restriction CA 07/29/2013 CITY OF CARLSBAD By* APPROVED AS TO FORM CELIA A. BREWER City Attorney By: THRYN B. DODSOMPPhD Community & Economic Development Director A^-^3A/a Date Date Hstant City Attorney /7'9V^ Release of Notice of Restriction CA 07/29/2013 EXHIBIT 'A' PARCEL 2 THAT PORTION OF LOT 1 OF CARLSBAD TRACT CT 06-20, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15630, RECORDED IN THE OFFICE OF THE RECORDER OF SAID SAN DIEGO COUNTY, OCTOBER 11, 2007 AS FILE NO. 2007- 0655142 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCWBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1, BEING ALSO A POINT ON EASTERLY RIGHT-OF-WAY LINE OF INNOVATION WAY AS SHOWN ON SAID MAP 15630; THENCE ALONG THE WESTERLY LINE OF SAID LOT I AND SAID EASTERLY RIGHT OF WAY 1. NORTH 00° 16'30" EAST (NORTH 00°16'45" EAST PER MAP 15630) 2. NORTHERLY 3. NORTH 04°58'01" WEST 4. NORTHERLY, NORTHEASTERLY, AND EASTERLY 232.35 FEET TO THE BEGINNING OF A TANGENT 336.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE 30.74 FEET ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 05°14'31"; THENCE TANGENT 86.48 FEET TO THE BEGINNING OF A TANGENT 25.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE 39.29 FEET ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 90°02'08"; THENCE TANGENT ALONG THE NORTHERLY LINE OF SAID LOT 1, BEING ALSO THE SOUTHERLY RIGHT-OF-WAY LINE OF PALOMAR AIRPORT ROAD AS SHOWN ON SAID MAP 15630 5. NORTH 85°04'07" EAST 6. EASTERLY 7. EASTERLY 124.32 FEET TO THE BEGINNING OF A TANGENT 2937.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE CONTINUING 94.82 FEET ALONG THE ARC OF SAID CURVE AND SAID LOT LINE AND RIGHT-OF-WAY, THROUGH A CENTRAL ANGLE OF 01°50'59" TO THE TRUE POINT ON BEGINNING AND ALSO THE BEGINNING OF A NON-TANGENT 2937.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; A RADIAL LINE TO SAID POINT BEARS NORTH 03°05'11" WEST THENCE 470.34 FEET ALONG THE ARC OF SAID CURVE AND SAID NORTHERLY LINE OF LOT 1, THROUGH A CENTRAL ANGLE OF 9°10'32"; THENCE LEAVING SAID NORTHERLY LOT LINE AND laGHT-OF-WAY; IOF 2 2650 PAR2EXHIBITA.doc 8. SOUTH 00°00'00" WEST 379.11 FEET TO THE BEGINNING OF A NON-TANGENT 1400.50 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 06°07'56" EAST; THENCE 9. WESTERLY 140.82 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 05°45'40"; THENCE ALONG A RADIAL LINE TO SAID CURVE 10. SOUTH 00°22'16" WEST 35.50 FEET TO THE SOUTHERLY LINE OF SAID LOT 1, BEING A POINT ON A 1365.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 00°22'16" EAST; THENCE 11. WESTERLY 109.97 FEET ALONG THE ARC OF SAID CURVE AND SAID SOUTHERLY LOT LINE THROUGH A CENTRAL ANGLE OF 04°36'57" TO THE BEGINNING OF TANGENT 897.00 FOOT RADIUS REVERSE CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 06°42'12" EAST; THENCE 12. WESTERLY 14.96 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00°57'20"; THENCE LEAVING THE SOUTHERLY LINE OF SAID LOT 1 13. NORTH 00°00'00" EAST 14. NORTH 90°00'00" WEST 163.11 FEET; THENCE 37.07 FEET; THENCE 15. NORTH 00°00'00" EAST 182.86 FEET TO THE BEGINNING OF A NON-TANGENT 3078.88 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 00°03'39" EAST; THENCE 16. WESTERLY 162.88 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03°01'52"; THENCE NON-TANGENT 17. NORTH 02°58'13" WEST CONTAINS 2.978 ACRES PREPARED BY: 82.55 FEET TO THE TRUE POINT OF BEGINNING JO MIGUEL A. MARTINEZ L.S. 7443 LIC. EXP. 06/30/14 DATE 2 OF 2 2650 PAR2EXHIBITA.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California County of D) 6^ On OC^.IDX ,%0\b before me, .pTldA^H: & . \)fi5m(kra\^ . \^(kzaO^ \?\kV>\ic. Date \j Here Insert Name and Title of the Offfcef ~7j personally appeared Name(s) of Siqner{s) riiwiiiniMii#2mgii SMOiigoCoiMly ^ who proved to me on the basis of satisfactory evidence to be the person (&) whose name(!^X3^^ subscribed to the within instrument and acknowledged to me that I^Kt/shl/ttev executed the same in laig^Te^/tteir authorized capacity(tefS), and that by l?fe^Fiet)ltb6ir signature($) on the instrument the person(g), or the entity upon behalf of which the personC^ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature: OPTIONAL — Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Si9ner(s) Signer's Name: • Corporate Officer — Title(s): • Individual • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: Signer's Name: • Corporate Officer — Title(s): • Individual • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ) 2010 National Notary Association • NatlonalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907