HomeMy WebLinkAboutCT 00-20; Fenton Carlsbad Research Center LLC; 2004-0350991; Notice Concerning Proximity or ImpactsDOC # 2004-0350991
GPR 22s 2004 €3~38 61M
OFFICIAL MCORDS SW DIEGO COUNTY REMIRDER’S OFFICE
FEES: 16.00 GREGORY J. SPIITH, COUNTY RECORDER
@ RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: 1 1
City Clerk )
CITY OF CAIUSBAD 1
1200 Carlsbad Village Drive )
Carlsbad, California 92008-1 989 )
Space above this line for Recorder’s use
Parcel No. 212-020-23-00 and 212-130-51-00
Project Number and Name: GPA OO-O5/ZC 00-07/CT 00-20/PIF’
FOX MILLER PROPERTY
00-02kIDP 00-1 1/SUP 00-10
NOTICE CONCERNING AIRCRAFT
ENVIRONMENTAL IMPACTS
CASE NO: CT 00-20
This Declaration and Notice Concerning Aircraft Environmental Impacts is made by (name of
kgal owner) Fenton Carlsbad Research Center, LLC, a(n) (individual, corporation, etc.)
California Limited Liability Company, 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.
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:
That portion of Lot “F” of Rancho Agua Hedionda, County of San Diego, State of
California, according to map thereof No. 823, filed in the office of the County
Recorder of San Diego County, November 16, 1896, described in a grant deed
recorded February 13,2004, as Document Number 2004-01 17428.
B. The property is located approximately 2 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. 03/27/95
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 o0-20), 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.
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 aircraft including
public and private aircraft which will generate noise and other environmental
impacts.
...
Noise Form #2 Rev. 03/27/95
FORM: NOISE 2: 3 OF 3
Executed this 2nd of April
*OWNER: Fenton Carlsbad Research Center LLC, a California limited liability company
(Name of owner)
h/i,LJ dJ
(print name here)
President/CEO
2004 .
(title and organizathn of signatory)
(print nhe here)
(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 oficer(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
By: ”
l%+q& City Attorney --
Noise Form #2 Rev. 03/27/95
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On April 2, 2004 before me, Clare Chavez
Notary Public, personally appeared Michael P. Neal & Allen M. Jonqs [ X ]
personally known to me - GT [ j j o be the
person(s) whose name(s)&e subscribed to the within instrument and acknowledged to me that
-he&ekhey executed the same in-hidhedtheir authorized capacity(ies), and that by 4wAedtheir
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.
c-r ~~ ~ (Signature of Notary)
Noise Form #2 Rev. 03/27/95