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Home My WebLink AboutCT 99-11; DR Horton San Diego Holding Company Inc; 2000-0388942; Notice Concerning Proximity or ImpactsDOC -ii 2000-0388942 3UL 24, 2000 2:17 PM OFFICIAL JiEaw 4485 W DIE@ coulpl FiEBNER’S OFFICE RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 \YDEx PS /kTlGE Space above this line for Recorder’s use Parcel No. 222-01 o-44-00 NOTICE AND WAIVER CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS CASE NO: CT 99-ll / CP 99-08 This Notice and Waiver Concerning Aircraft Environmental Impacts is made by D. R. Horton San Diego Holding Company, Inc. (name oflegal owner) , a California Corporation, herein after referred to as the “Owner”. Owner is the master developer of Ranch0 Carrillo, a master planned residential community, situated in the City of Carlsbad (“City”), County of San Diego, State of California. RECITALS A. The purpose of this Notice and Waiver is to disclose to the fullest extent possible present and future potential airport impacts by all manner of aircraft that will generate noise and other environmental impacts associated with the operation of McClellan-Palomar Airport located in the City (‘Airport”). B. Owner is the master developer of a subdivision within Ranch0 Carrillo, Village L, more fully described as: Lot 240 of Carlsbad Tract No. 93-04 Ranch0 Carrillo Villages “L and M” in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 13838 filed in the office of the County Recorder of San Diego County August 23,1999 as file no. 1999-582013 C. The property is located approximately 1.5 mile(s) from the Airport. The Airport is operated by the County of San Diego. The Airport operation results in aircraft and helicopter noise in the area surrounding the Airport, including the Property. D. Neither City nor Owner has any responsibility or control over the operations of the Airport, including without limitation, the types of flight operations, types of aircraft (including jet aircraft and helicopters), timing of flight operations, location of flight patterns or frequency of the flights. Noise Form #2 Mod. 07/O l/97 4486 FORM: NOISE 2: 2 OF 3 E. It is the desire of the City and 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. Furthermore, this Notice and Waiver is for the purpose of disclosing the potential of future impacts of noise and other environmental impacts resulting from all manner of aircraft, including public, private, military and helicopters. NOW, THEREFORE, in light of the Recitals above, Owner does, for itself, and its successors and assigns, give the following Notice and makes the following Waiver: 1. Owner has and shall develop the property in accordance with Carlsbad Tract 99-l 1, approved by the City, which approval includes the requirement of the City that the development of the Property is consistent with the Land Use Element and Noise Element of the General Plan of the City. An Environmental Impact Report (“EIR”) has been certified by the City and the Owner’s development is consistent with the findings of the ElR. 2. The flight operations associated with the Airport may create significant aircraft environmental impacts affecting the purchasers, tenants and occupants of the Property. Furthermore, such purchasers, tenants and occupants of the Property reside there subject to such overflight, sight and sound impacts. 3. The Property shall be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied and improved subject to this Notice and Waiver. This Notice and Waiver shall run with the Property and shall be binding upon all parties having or acquiring any right, title or interest in the property. Noise Form #2 Mod. 07/01/97 4487 FORM: NOISE 2: 3 OF 3 4. Owner acknowledges and accepts these existing and future impacts referenced herein and forever waives any and all causes of action, and hereby covenants not to sue the City, its agents, servants or employees as to any damages or injuries resulting from said impacts. However, such waiver by Owner shall not be deemed to include any waiver of impacts associated with Airport operations if City should assume control of the Airport in the future. Signed this I&7 day of H ,e *OWNER: (sign here) &A 0. b-r 3-r (print name here) VP I . (title and brganization of signatory) Bv: (sign here) (print name here) (title and organization of signatory) (Proper notarial acknowledgment of execution by Contractor must be attached.) (President or vice-president AND secretary, or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: Noise Form #2 Mod. 07/O 1 I97 ,*.. * . . - STATE OF CALIFORNIA 4488 COUNTY OF SAN DIEGO On before me, Notary Public, personally appeared i!zsP J ersonally known to me - or 0 proved to me on the basis of satisfactory evidence to be the person+)- whose namem is- subscribed to the within instrument and acknowledged to me that hm executed the same in hi&e&h&r authorized capacity&& and that by his&eHteir signature-M on the instrument the persontsf, or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. c‘\ __ ^..._. . <->* (Signature of Notary) Rev. 06/04/96 D.R. HORTON SAN DIEGO HOLDING COMPANY, I&C!. CONSENT OF SOLE DIRECTOR Pursuant to Section 307 of the California Corporations Code, the undersigned, being the sole director of D.R. Horton San Diego Holding Company, Inc., a California corporation (the "Company"), hereby consents in writing to the adoption of the following resolutions: Election of Officer RESOLVED, that John D. Kerr, Jr. is hereby elected to the office of Vice President of the Company to serve'until the 1997 annual meeting of directors of the Company and until his successor is duly elected and qualified or until his earlier death, resignation or removal; RESOLVED FURTHER, that, as Vice President of the Company, John D. Kerr, Jr. is hereby authorized and empowered, in the name and on behalf of the company, (i)- subjebt to corporate approval by the Board of Directors, Donald R. Horton, Chairman of the Board and President of the Company, or Thomas P.,,Noon, Vice President of the Company, to execute and deliver contracts, agreement6 and other documents and instruments for the purchase of real property, and any improvements or appurtenances constructed thereon or affixed thereto, or any interest therein, including without limitation any right-of-way, easement, leasehold or other tangible or intangible property, right or interest, and any personal property relating or incident thereto, (ii) subject to the supervision of Donald R. Horton, Chairman of the Board and President of the Company, to execute and deliver contracts, agreements, deeds, conveyances or other obligations of the Company, closing statements and other documents and instruments for the sale of improved or unimproved real property, or any interest or right therein, owned, leased or otherwise controlled by the Company, and (iii) to execute and deliver such other a I I 0&4/96 09: 44 - NO. 011 I305 agreements, instruments or documents as the President of the Company shall direct; and RESOLVED FURTHER, that, as Vice President of the Company, John D. Kerr, Jr. is hereby authorized and empowered, in the name and on behalf of the Company, to execute and deliver (I.) home sales contracts, subcontractor and vendor agreements, salesman's employment agreements and similar or equivalent agreements, documante or instruments, (ii) any and all documents or instruments necessary to self and convey title to single family homes, and (iii) model home and office leases and persqnal property leases for, among other things, office equipment and construction trailers. IN'WITNESS WHEREOF, the undexsigned'has set hishand thi8 29th day of July, 1996. I Donald R; Horton' -2- / 4