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HomeMy WebLinkAboutReso. 1981 - 095 - Adopting tract restrictions for Redding Airport Park0 0 RESOLUTION N0. 8� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING ADOPTING TRACT RESTRICTIONS FOR REDDING AIRPORT PARK. WHEREAS, the City of Redding is the owner of 110 acres on the west side of Airport Road', north of Meadow View Drive, known as Redding Airport Park, and WHEREAS, in order to establish a plan for the orderly development of said property, City has imposed upon the property certain conditions, covenants and restrictions under which the prop- erty may be held, improved, and conveyed, all as set forth in that certain document entitled "Tract Restrictions, Redding Airport Park", a copy of which is attached hereto, and WHEREAS, it is deemed to be in the best interests of the City and its citizens that said "Tract Restrictions, Redding Airport Park" be formally adopted and constitute a public record, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Redding hereby formally adopts "Tract Restrictions, Redding Airport Park", attached hereto, as the conditions, covenants and restrictions under and subject to which the described property may be held, improved and conveyed. BE IT FURTHER RESOLVED that the City Clerk is directed to record a copy of this Resolution, with the attached "Tract Restrictions, Redding Airport Park", in the office of the Shasta County Recorder. I HEREBY CERTIFY that the foregoing Resolution was intro- duced and read at a regular meeting of the City Council of the City of Redding on the 18t1i day of flay , 1981, and was duly adopted at said meeting by the following vote: cr-I -1- AYES: COUNCILMEN: Demsher, Fulton, Gard, Kirkpatrick, and Pugh NOES: COUNCILMEN: None—1 ABSENT: COUNCILMEN: None ATTEST: CHER/PUGII ���✓�C/,� May�f the City of Redding ETHEL A. RICHTER, City Clerk FORM APPROVED: RA DALL A. HAYS, City ttorney -2- TRACT RESTRICT;UiVS RED11I1dG AMPORT PAR: Article I The City of Reddin", is the owner of 1.10 acres on the west side of Airport ]toad north Of Meadow Vieva Drive, more particularly described in the description attached hereto as L`:Nbit. "A" and Made a par. hereof. til Order tc cstst'lisl: r' nla71 iOC i'.h9 Im prOVEm eat 3rid development of said prop"Pty, the City de:;ires to suLje,._. ct t:e property to certain conditions, covenants and restrictions upcii and subjeci: to whir. -Ill a'J. of the property drill be held, irnuroved and conveyed. Articee IT Gelhcral Provisioes 2.01 Establishment of liestricCions The City of Redding, owner of the Property, hereby declares that tile. Property is now held, ani shall hereafter be held, transferred, sold, leased, conveyed and occupied sjL�j°aet to the restrictions herein set forth, each and all of which. is and are for, and 511911 inure. to, the benEflt Of anal pass with each and every parcel of the PfOpel'%y and shill nppiy W and bind the heirs; '- iIu lees and successors in interest. Of any owner thereof. 2.02 Purpose of R( strictions The purpose :)f these restrictions is to insure proper development and use of t`+e PCOpe.rty, to prot'cet the o'h'ner Of each para-cl aTainst improper development and u!So of surrounding parcels to the depreciation of rLtl Parcels, to prevent the erection on the P1'OpertV Of structures, defective design Or buiit of improper materials, to su(,uU e and maintain proper setbacks from streets and adequate air space between tures, and to provide for a type and quality of improvement consistent with the development plan. 2.03 Definitions A. Site - "Site" shn_ll mean all coati nous land under one ownership. 13. 1111provemen;s - "Improvements" shr111 mean and include buildings, outbuildings, parking hrcns, loading, :Imis, T.C::C I: a!; C, fences, 4Jalls, hcedgcs, mass pllntin?, poles, signs, and ani, structures of ally type or kind. C. 1)Eclarant - "Declarant" sh;a n a;n the undersi'.;ncd, its successors and assigns. 1). Property - "Property" shall mean tile. 11.0 acres described in "I?xhibit "A" - 1- Article Ili )1cf;11j'-.Jion of lmnrovem_•nts 3.01 Minimum .;ctbdck Lines n ►J A. (Kneral - No structure of nny kind, and no part thereof, shall be placed on any site c:aicr to it property line than herein provided. 1. Setbacl: from street property We along Airport head, any parallel frontage toad, M Wow Vic, Drive and iinighton Road shall be 30 feet. Any other street frontaTc shall he 25 feet. 2. Setback from rear property line mad from side property line between parcels ihaa be 1.5 B. The follov:ing structures and improvemenis are specifically excluded from these setback provisions: 1. hoof overhang, subject to the spenKic approval of Declarant in writing. 2. Uncove! ed steps and •calks, not under than six feet. 3. Paving, ilild associated curbing, except thtL vehicle parking or storage arcus shall not be permitted within any required street setback. 4. Traffic directional signs that do not contain an advertising message. t. One detached sign not exceedin 15 feet: in height nor 200 square feet in area and which only njvcs the name of then company and the street address. It illumn natcd, such sign shall be iniernody illan nated, shall have under- ground electric and shall not be closer than 12 feet to any property line nor closer than 2.0 feet to any drivevray. sign materi=ds shall be harmonious with the architecture of the development. Signs small not rotate nor flash. G. Planters, not to exceed two feet in height. 7. Architectural earthwork, light standards, fountains, or aesthetic features. 3.02 Completion of Construction After c•.ommencesnent of construction of any structure, the owner shall deligently prosecute the work thereon, to the end that the structure shall not remain in it partly finished condition any 1011ger than reasonably necessary for completion ihcrco!:, and in nny event shall complete such construction in 180 days, unless an exception is granted by written approval of the declarant. 3.03 Excavation No exenvntion sh;:ll be mnde except in connection with construction of nn improvement except ;i_s approved by Declnrnnt raid upon completion of nny csen- vation exposed oponhgs shrill be backfilled unci disturbed l�round shall be graded and leveled. - 2- 3.64 Landscaping A. Concurrently with the submission of builOng elan,, for approval, the lessee or grantee shall submit a detailed lard:a nl ing pian which must be approved in l' ithg by the Heel:Coll"alittce every $Ito on '.vhiCil a building shad have been r1nead MR. be lanuscapcd according to said approved plans and shall be mainthmd therelftcr is a si_chtly rind well -kept condition. Landscaping shrill consist orin arily of livmr , materials. 13. The property owner, lessee or occupant slurp landscape and maintain unpaved areas boU,aeen the property Was and the satback Hues and Shan also landscape bet en the property iia: and the back of any sidowallc or curb. The street MKS shall be used exclusively for landr,caping except for walks and drive: way.S' bisecting the imgWrud landscape vena, and other cxclusdoas In .Section 3.01. C. The prop_>rty ohne-, lessee or occupant shall provide facilities adequate to sustain aad maintain the landscaped areas. Mainicuance facilities are to be adequately screened. D. Approved landscaping shall be installed within GO days of issuance of an occupancy Del mit or completem of the Wilding, whichever first occurs. 1t unusual weather conditions exist. Decimallt may extend the time for comele.- t10r1. Adc[tlon _l and supplemontal lana cap:nl[ requires no such approval. 3.05 Signs A. NO billboard or P.dvertisliig si,2 i] 5);a)1be p:::^.nlYied Other than 1110&e offering he prenkes for .sale o7 lease when specifically appmveti by Declarant in wAt'.nc- told te.mparary Sl_;as giving credit: to pal"Cies to a pl'otlosed development, si;cn signs to ba approved by Declarant in wriiin;;. B. Signs shalt conform to sel.back lines as indicated in Section 3.01 13(5) hereof wlless specific aproval to the contrary is obtained from Dec)arant in writing. C. Signs told idenYifaetion de -Aces on buildings 01. building sites shrill be erected or posted only after specific approval by D ,elardnt in writing as to size t.nd design. )U. No sign shall be placed or painted on any roof or portion thereof, nor shall the top of any sign exl.cnd above the parapet line or the top of the exterior wall of any building or sth•uciure. 3.0G, Parking Areas A. Ccneril - Off-street parking sha11 be provided to accomodate all parking needs for employee, visitor and company vehicles nn the site. Tile intent of this provision is to clindmatc the newl for on -sheet narking. Lcssc, or grmoce shall provide at least three sl;dls for cacti 1'0111. persons to be employed on the Site, in addition to customer and visitor p!lrkllln; provided, howQver, that should the. propc.ed use for 11 site cent under more restrictive pa king requirements of the appropriate governmental jurisdiction, the more restrictive requirements shall app)v. - 3- 13. )employee parkinj shall not he permitted: 1. On any public street. 2. Between public, street pavement edge tiled property line. 3. Within any required street setback. C. Street setbacks shall not be used for vehicle i:nneuvcrin D. All przkicg areas shall' be designated to cnnblc vehicles lcaving the property shall exit in a forward direction. 3.07 Storage and Leading Areas A. No rnate! ials, stioilltes of couipme-nt, 7^Citi lilt; e(:nll)m)y-O;vned or G•per--%ed trucks, sh311 be stored in any area Gn a Site oxcept insi Lie a c'_osed ["I iloangOr behind a visual barrier screening such areas from tie vicw of ad;ulm.ng residentially zoned properties avid public streets, S. Loading docks sh^ll be :_e: hack and screened to minimize view from the stres;t. Docks sh;'01 not I;o closer than 42 feet to a street proparty line, urtles: a dayint-jon is speciiicahlly approved by Declna-alit: in writing. C. 'Pile L'adinlr or tili]oading of trucks on any street within Redding Airport Pato: is prohibited as a tract restriction. 3.02 Budding Reg.-lations Any buildin7 erected on a site shall confcrin to the following construction conditions. A. Exterior walls of s;:cet or corrugated, iron. aluminum, nom -decorative block or asbestos are not permitted except in special, r•ircumstances :therein specific approval is first obtained. 1:3. No used building shall be moved into the sue)division. 3.09 Vertical Protrusions Antennae, masts and poles (excepting street lif;ht poles) in excess of 35 fret in height shall not be constructed v.61- tout writtart consent of Declarant. Light standards which are not in excess of 35 feet in height may be installo�d without written consent within yard or starage areas. Ali structures shall conform- to Federal Aviation Agency standards. 3.10 Fences and Screening Any fence directly visible from any public street rmd used to screen story*c areas from public view shall be a minimum six feet high and shall be constructed of n style and material ulgwcved by the City. Where Proposed storage wmdd exceed the 00011- of cic;hlof the fence end be visible from n public street, the developer shall plant n row of: trees that ca:n reasonably be anlieipAe'd in a period of five years to nchiovo it hei;(ht sufficient to screen the stored materials. All other properly lines may, in lite. •- 4 - alternative, u:c chain lint: fence with v:ood or pinstic slats. 1f adjacent to till area zoned for rcCsi cnt::al a rOw of trees :ihull be planted mid maintained lnsu.',o said fence v:ith :in interv;ll to fully screen the stonw, arca within five years. All trees Used for: serceiing must provl(IC all a(iC([WttC SCT"^fl year around. Approvrd of species shall bo :;:ai;lc i from dc'c%n!n! ;n wrltur;. Pcnees shall not he consfrl:cted within tiny rccl'uirod street setback. 3.11. llioht Lighting 11i ;h intensity r,iirlat. lighfin�; shall he directed downward and shall not glare onto l:djoining rcc:iacntiay :soncd land or onto public streets nor shrill such lighting interfere wird tho normal operation of tiro Pleddmgr Municipal Airport. An+�rc''al ofPlans 4.01 NO improvement, as that. tern .s herclnabov•e defined, shall lin e'cctad, placed, alicrod, maintained Or ;�erin.Med to remain on illy ILLY subject to these restri•ati-los until plaits and spotfieal.ions shiwing pot lnywit and ell e%terinr Ci LiVati Oils, N^.th materials ti;^.`elore and s rri.Mmal dcwc,,n, signis and 1:.tni�scapifll';, shalt have oyer• Snb Mitted to and approved hi writing by Deebtrann Such plans afid speclf:catlnns shall be submitted in writing, over the. sl�TnLturc of the owji Cr or Lessee of the site or his auLhorized agent. 4.03 Apprival shall be hased, among otheI' thh ys, On adequancy of site dimensions, . ite coverage, adequacy of snue"wal design, conformity mid harmony of e?:tmmaj d=" gn Unci n'ci�rhbc-i R; $tr'u^tures, effect oil lo.nti.on and use Of itnprove!alents On n.ei' - bolSrlCr sites, in"rovaner'.ts, onmration:; nK rises; relation of topography, grade And Mished grour d elevation of the she b.Ang In pio'v'eed tel that of neighboring Vey loops, facing of main elevation xvith respect to nearby str`ee',S1 provision f V - adequate silo drainage; and conformity of the plans and specifications to one purpose and general plan and intent of these restrictions. llc:claant shall rot arbitrarily or ur+reasonably vrithhold its appr'ovA of such pltu+s and specifications. Declarant shall render approval or disapprovtl of such plans within 30 days of submission. 4.03 if Declarant fails either to approve or to disapprove such plans and specifications Whin 30 days after the some have been submitted to it, it shall be conclusively presumed that Dccla;urt has approved said plans and specifications, subject, however, to the restrictions contained in Article III hereof. 4.04 Neither Declarant nor its successors or nssigns shall be liable in dnlna!;CS to anyone submitting plans to it for ap; novel, or to any owner or lessee of laird affected It, 1;lis Doeliiratlon, by rouson of mistake hi jirdiclncilt, ne((Ii,�ctice Or aonl Ca5anee arisin out of or in connection .vith tits approvol or disapproval or failure to approve any such plans. Evcry persons Who submits plans to Declarant for npnrovn] as;rces, by Sllblll l::slon of su(:h plait:;, and every owner of lessec of any said property agrcc3, b`/ acquiring title th-orcto or iWcrest therein, lint he will not bring any neiion or suit ligahat Declarant to rccovcr any such damages. 4.05 Notceilhatnnding anything to the contrary herein contained, after the cspiration of one year from the date of issuance of a INAI Ay! Prs•nlit i)y nlunicip;I or other governmental authority for <aly :mproveincnt, said improvement sh:111, in favor of - 5- purchasers and encumbrances in good fniUi and for value, be d2umed to be if, comp'innee %Wth :!Ll provisicir; of this Article IV, actual notice of s!ich uonvomMinnce N, ;mneompletion, executed Q Declarinot. Wall appear of recon in the OffiC(' Of the (-',0UTj',Y Recorder of Slunta County, Cidifornia, or sinless lejzjj Procecdilljs S!iall have !)een NaMcd to inforeo comp)iancc or C50 Arcivilectural Review CommAtec A. Declarant may, from time to time, a-ppoint such agents as required to constitute an Architectural Revic%v Committee xyldch shah be created to p(TfOCH) Such functions ;�s are required to carry out the intent of timst, Restrictions cut matters related, but not linlitc-d t07 Ul"! fo'Llowing. 1. Plial approval or dQpproval baged uwn Mieri.a contai7'od in Ih,!sc RestAchys. % The ArAkerqurn! Co;amittec alay r�'-udcr cood'i- tiontitappro.."'l based "Pan reconimended to pl;ms and �pcajfivwions. Siic;uld a grantwe of, lessee fait to incorporate said modifications into final working drayIngs fcr the proposed str ue t tire then said plans AM be doemed W.e same as ic specifin djisLpproval hacl been ksued. 2.. Conf )-mance of propcsr,(] parkin g aseas, landsc:iping, soLbncjis, joad.ng' areas, fencinig-, permanent idc-olifie'-tion signs to thest: restrictions. 3. A,,-Iy other duties as asci( red by Dcclnrant. SM Abatement W Suit Violation or breach of any restriclion herain canitainvad seal( give to 1�cclarant '.hc right to enter upon the property upon or oz, to flinch said violation or breach C.,ti:;ts and to summarBy abate and remove, at the expanse of the Owner or lessee there :f, any structure, t1ing or condition that may be, or exist thereon contrary to the prodsions ller30f, or to pre.jecule a procceding at law or in eqAty agaiint the povon or persons vioi.nting or attcmptijlto violato any of these Restrictions to enjoin or prevent such violation, or to recover damages for said violation, of, both. 5.02 Deemed to Co:istitute a Nuisance The result of every action or omission I-Alercby any Restriction herein contained is violated ill :chole or in part is hereby declared to be and to constitute a nuisance, arid every remedy allowed by lay., or cquiLy against any owner, either public or private, shall be npplicnblo against every such result rind may be exercised by Declarant. 5.03 Attorneys' Pecs In any lc;,al or equitable. proceeding for the cr,Ccrccment or to restrain the violation of this Occlurnntion or any provision hereof. the Joshig party or parties shAl pay the attovneyK, fee.,; of the prcvaiiill'�" pzIrty or pni'tics, in sla'.11 '1111ourit as intly be fixed by the County in such proccedirgn MI remedies provided herein or at latv or in equily shall he AnnidulLive and not exclusive. - 6 - 5.06 Inspection Y, ti(t Decierant may from:ttme to timati'�at'any reasonnble hour or hours, and with reasomble eatme, enter and'ith-speet;^any, property subject to these restrictions to aseeMnin comrlimice therewith. A1l''iiah inspeetiexis :•luau rady be perform-d after advance notification to property owner. SAS Failure to Enforce Not a lVaiver of Rights With the exception of the time limit fer action by Declarrnt contained by Section 6.05 of Article IV hereof. the failure 'of Declarant or any property owner to enforce any re_Rriction trcreiri contained shlU,in no event be r'_emed to he a waiver of Me right to do so th.r,afier nor of the rigltt_to enforce any other restrietiom Artleln VI Remlation of t"ltlar ryes Il,n: 6.01 Permitted Opersticuss and Uses A. Unless otherwise specifically pr#+bitcd hrrein, nny bnsinen or imlostrial operation and use will be permitted if it is Nwformed or carrieu ' tut entirely within a building that is ser designed one' corsIrL.-Icel that t6� enclosevi operations and uses do nett produce outside the tuildin% excessive vibration mrtsual and excessive sowed, electro-mechanical disturbance, eleebeo-mac disturbanm rsdiatio,., air or mater pollution, dust eafission or odorous toxic a- non-toxic ipatter. AL' li!;htirb is to be shied^d cud caned within proacrt_• lines. All proposed uses taust comply with regulation; governing the use rnd occur-ancy cf the land and With the general plan of _hs local agency. B. Serceied a.tdoor'starage and loading and unloading operations tee>mally ase dated rith the pestnitted operations or uses. C. An exception shall be made during perioris when orcekMwn in equipment o,eus in such a manner as to melte it evidmt Mat the effect was not reasonably preventable. 6.02 Prohibited Operations and Uses 7be fallowir_: operations and uses shall not be permitted on any property subject to these Restrictions: A. Any residential uses B. Troilcr Courts C. Labor Camps D. dunk Yards B. Drilling for and/or the removal of oil, gas or other hydrocarbcin substances F. Commercial excavation of building and construction materials - 7- G. Distillation of pones • hI. Dumping, disposal, incineration or reduction of ;urbage, sewage, offal, dead animals or refuse I. Fat rendering J. Stockyard or slaughter of animals K. Refining of petroleum or of its products L. Smelting of iron, tin., zinc or other ores M,. Animal farining of curt' sort Jd. Drive--Jn Theater or Churches O. Any uses expressly prohibited by local law 6.03 ot:e, Operations and Uses A. Up('Cat1 O1'.s an, USusesYf)11 C11 aC8 I1C'.I t.1T77" .S'. n'Cli lC'.t%lay DI'Ji'II C:`led lion Sp;dCil: cr i;.l';' authorizo.1 by these restrictions Ir.•ay llc. permitted in it specific case if operational pians and spaciNcatens are sut muted to and approved in wrltin.{ by De.elararlt. Approval Or disapproval of such operational plans and i. GpeeliicaiJuns shall be i :^.sed upon the effect of such operations or uses on other property Subject. tc these restrictions or UpOn the O^_CUpailtS thereof. if Deel.armit lolls either to approve or to disapprove such operational plans and specification,; Wi lllin 30 days after the Same 1hnve boon submitted to it, W shall be Conclus:v aly presumed titiit 'Dculartu;t has disaproved said plans Lnd specifications. 13. Neither Declarant nor its successors or assigns, shall be liable it) damages to anyone sc'->mitting operational plans and spcc.ificatiOils to them for approval, or to any miler or lessee of land affected by this Declaration, by reason of mistake in )udgemma, negligence o:' nontea.4ahcc: arising out of or 1R Cilli!: _:Cil^Il with the approval or disapproval or failure to approve any such operational plans and specifications. ]',cry person who submits operational plans and specifications to Deeltn•ant for approval n�rces, by submission of such plans and specifications, and every owner and lessee of any of said property agrees, by acquiring title thereto or interest tiharein that he will not brie any action cr suit against DCCIaIrant to recover inly suci Jamagres. 6.02 Subdivision No lot or site shall be further subdivided or resubdivided, without the written consent and approval of tale Declarant; and in no cvcnt shall a lot or site be cre JCd having an area of less than 50,000 square feet or a street frontage of less than 150 feel. 6.05 Maintenance find dlepair All buildings, and other im1wovements ::hail at all times be maintained in youd condition find r^l-)air and shrill be well and propho, lydrited. Unimproved property MI be Inninlaked in it :rightly condition free of weeds and debris. 6.06 Utilities 0 All utility and industrial distribution services and systems shall be enclosed in approved buildings or shall be placed underground or shall be screened from public view. Said services are to include electrical, gas, water, sewer, tele- phone, and any other special piping, conduit, containers, or other equipment and appurtenances as may be required by the user. Temporary overhead and sur- face installations will be permitted during the actual construction period only. On-site utilities such as solar collectors, wind generators (not to exceed 25 feet in height), and on-site water or gas systems are specifically allowable provided they are in accordance with the above. 6.07 Clear Zone No permanent aboveground structures shall be constructed within any clear zone of the Redding Municipal Airport. 6.08 Air and Noise Easement The City of Redding hereby reserves to itself, as operator of the Redding Municipal Airport, the right to direct planes over the property for the pur- poses of using the Redding Municipal Airport, and any conveyance of any of this property shall be subject to the reservation -by the City of a perpetual public use easement or right of way for the free,and unobstructed passage and flight of aircraft,'of whatever ownership and whether now known or hereafter used for navigation of or flight in the air, in, through, over and across the air space 250 feet,or more above ground'level of the property. This reservation shall include the right in such airspace to allow, make and emit such noise, vibration,'fumes, dust, and fuel particles asmay be inherent to the operation of such aircraft, and flights below ,this minimum easement elevation or louder than any maximum easement noise'level,established, which occur because of emergency'aikcraft situations, shall not constitute viola- tions of this air easement. 6.09 Building height shall not exceed two stories or 30 feet, whichever is more restrictive. Artir.le VTT Assignments of Declarant's Rights and Duties 7.01 Term This Declaration, every provision hereof and every covenant, condition, and restriction contained herein shall continue in full force and effect for a period of 50 years from the date hereof. 7.02 Termination and Modification This Declaration, or any provision hereof, or any covenant, condition or restriction contained herein, may be terminated, extended,. modified or amended, as to the whole of said property or any portion thereof by the Declarant. No such termination, extension, modification or amendment 'shall be effective until a proper instrument in writing has been executed and acknowledged and recorded in the Office of the Recorder of Shasta County, California. SE 0 Article VIII Miscellaneous Provisions 8.01 Constructive Notice and Acceptance 0 Every person who now or hereafter owns or acquires any rights, title or interest in or to any portion of said property is and shall be conclusively deemed to have consented and agreed to every covenant, condition and restriction contained herein, whether or not any reference to this Declaration is contained in the instrument by which such persons acquired an interest in said property. 8.02 Rights of Mortgagees All restrictions and other provisions herein contained shall be deemed subject and subordinate to all mortgages and deeds of trust now or hereafter executed upon land subject to these restrictions, and none of said restrictions shall supersede or in any way reduce the security or affect the validity of any such mortgage or deed of trust; provided, however, that if any portion of said property is sold under a foreclosure of any mortgage or under the provisions of any deed of trust, any purchaser of such sale, and his successors and assigns, shall hold any and all property so purchased subject to all of the restrictions and other provisions of this Declaration. 8.03 Mutuality, Reciprocity; Runs with Land All restrictions, conditions, covenants and agreements contained herein are made for the direct, mutual and reciprocal benefit of each and every part and parcel of said property; shall create mutual, equitable servitudes upon each parcel in favor of every other parcel; shall create reciprocal rights and obligations between the responsive owners of all parcels and activity of contract and estate between all grantees of said parcels, their heirs, successors and assigns; and shall, as to the owner of each parcel, his heirs, successors and assigns, operate as covenants running with the land, for the benefit of all other parcels. 8.04 Paragraph Headings Paragraph headings, where used herein, are inserted for convenience only and are not intended to be a part of this Declaration or in any way to define, limit or describe the scope and intent of the particular paragraphs to which they refer. 8.05 Effect of Invalidation If any provision of this Declaration is held invalidity of such provision shall not affect provisions hereof. -10- to be invalid by any court, the the validity of the remaining Real property in the.County of Shasta, State of California, identified as Redding Airport Park: Those portions of the East half of Section 27 and the North- east quarter of Section 34, all in Township 31 N., Range 4 W., M.D.M., lying west of Airport Road'(County Road 2H04). EXCEPTING THEREFROM the interest in (the southerly portion of said northeast quarter of Section 34 conveyed to the County of Shasta for street or highway purposes by Deed recorded August 31, 1962, in Book 717, Official Records, page 329, Shasta County Records. Exhibit A ,