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Home My WebLink AboutCUP 07-03; CPT SC Title Holding Corp; 2012-0379997; Notice Concerning Proximity or ImpactsRECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carisbad, Califomia 92008-1989 DOCtt 2012-0379997 "iiiiin JUN 29, 2012 8:33 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE ^ISPiL^^'^f^"^"''"f9' Jf - COUNTY RECORDER J^: 0.00 PAGES: 5 space above this line for Recorder's use Parcel No.: 211-021-30 Project Number and Name: CUP 07-03/CDP 07-07 - Carlsbad Paseo NOTICE CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS CASE NO: CUP 07-03/CDP 07-07 This Declaration and Notice Conceming Aircraft Environmental Impacts is made by CPT/SC Title Holding Corporation, a(n) California corporation, herein after referred to as the "Ovmer", as developer of certain real property situated in the City of Carlsbad, County of San Diego, State of Califomia. RECITALS A. The Ovmer is the developer and holder of the title to certain real property in the City of Carlsbad, County of San Diego, Califomia, more fully described as: Portions of Parcel 2 and 3 of Parcel Map No. 11284, filed in the Office of the County Recorder of San Diego County, May 11,1981 and Lot 4 of Carlsbad Tract No. 92-7 (Carlsbad Ranch Unit 1 and Unit 2), according to map thereof No. 13078, filed in the Office of the County Recorder of San Diego County, December 28, 1993, all in the City of Carlsbad, County of San Diego, State of California, more particularly described as follows: Beginning at the northeasterly corner of said Parcel 3, said corner being the most northerly corner of said Lot 4, said corner being the point of beginning; thence southerly along the easterly line of said Lot 4, south 22°29'26" east (south 22°29'26" east per said Map No. 13078) 925.00 feet to the beginning of a tangent curve concave northeasterly having a radius of 557.00 feet; thence southeasterly along said curve through a central angle of 11°20'36" a distance of 110.27 feet to a point on said easterly line, a radial through said point bears south 56°09'58" west; thence leaving said easterly line south 55°50'26" west 343.71 feet to the westerly line of said Parcel 2; thence northwesterly along the westerly line of said Parcels 2 and 3, north 26°48'03" west Noise Form #2 Rev. 02/02/99 13243 APN: 211-021-30 CUP 07-03/CDP 07-07 - Carlsbad Paseo FORM: NOISE 2: 2 OF 3 (north 26°47'14" west per said parcel map 11284) 738.65 feet to an angle point corner of said Parcel 3; thence continuing along said westerly line north 25°12'24" west 300.01 feet (north 25°11'47" west 300.01 feet per said parcel map) to an angle point corner of said parcel map; thence continuing along said westerly line north 26°15'29" west 68.05 feet (north 26°15'48" west 68.03 feet per said parcel map) to the northwest corner of said Parcel 3 of said parcel map; thence easterly along the northerly line of said Parcel 3, north 67°31'12" east 399.93 feet (north 67°3ri7" east 400.00 feet per said parcel map) to the point of beginning. Said land is also described as Parcel A in that certain Certificate of Compliance for Adjustment Plat, dated October 1,2002, and recorded October 18, 2002, as Document No. 2002-0913260, official records of San Diego County, California. B. The property is located approximately 1.9 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. Ovmer has no control over the operations of the Airport, including the types of aircraft, flight, the flight pattems of the aircraft, nor the frequency of the flights. D. It is the desire of Ovmer 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 fiillest extent possible present and fiiture 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 ovmer of the property, does, for itself, and its successors and assigns, give the following notice: 1, Ovmer has and shall develop the property in accordance with Conditional Use Permit (CUP 07-03) and Coastal Development Permit (CDP 07-07), 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 Ovmer has no responsibility or control over the operation of the Airport, Noise Form #2 Rev. 02/02/1999 13244 APN: 211-021-30 CUP 07-03/CDP 07-07 - Carlsbad Paseo FORM: NOISE 2: 3 OF 3 including without limitation, the types or number of flight operations, types of aircraft (including jet aircraft), timing of flight operation, or frequency of flights. 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. The property shall be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied and improved subject to this Declaration and Notice. This Notice shall mn with the property and shall be binding upon all parties having or acquiring any right, title or interest in the property. The purpose of this Notice is to disclose to the fiillest extent possible present and fiiture 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. 02/02/1999 13245 APN: 211-021-30 CUP 07-03/CDP 07-07 - Carlsbad Paseo FORM: NOISE 2: 4 OF 3 Executed this 12th day of December *OWNER: CPT/SC Title Holding Corporation (N^nelrf^^vmer) 2008 (sign here) Peter G. Aylward (print name here) (title and organization of signatory) By: (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 By: Assistant City Attorney Noise Form #2 Rev. 02/02/1999 13246 STATE OF CALIFORNL\ COUNTY OF SAN DIEGO OnT>f:<S,\>^^^^Oo S before me, ^ - V-^f^S^T ' Notary Public, personally appeared '^^'TfliL, . A^V^L-bOA^'P who proved to me on the basis of satisfactory evidence to be the person^ whose namepa^ is/^ subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hef/thek authorized capacity(i^, and that by his/hcr/their signatur^ on the instmment the personj^, or the entity upon behalf of which the person)^ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is tme and correct. J. METHOT WITNESS my hand and official seal. NOS?UB!.SS NOTARY PUBLIC-CALIFORNIA SAN DIEGO COUNTY MY COMM. EXP. NOV. 12,2011 (Signature of Notary) Noise Form #2 Rev. 12/17/2007