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HomeMy WebLinkAboutCUP 10-10; Palomar Vista Congregation of Jehovah's Witnesses; 2012-0788101; Notice Concerning Proximity or ImpactsDOCtt 2012-0788 III lllllllllllllllllllllllllllllllllll Illl DEC14,2012 11:35 AM 01 nil OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernesl J. Dronenburg, Jr., COUNTY RECORDER FEES: 42.00 WAYS: 2 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 PAGES: Space above this line for Recorder's use Assessor's Parcel Number Project Number and Name 213-110-16 CUP 10-10/SUP 10-03- Carlsbad Kingdom Hall NOTICE AND WAIVER CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS CASE NO: CUP 10-10/SUP 10-03 This Declaration and Notice Concerning Aircraft Environmental Impacts is made by Palomar Vista Congregation of Jehovah's Witnesses, 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: Parcel 2 of Parcel Map No. 20174 in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 20174, recorded in the Office of the County Recorder of San Diego County on December 20, 2006. B. The property is located approximately \ 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. 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 Noise Form #2 Rev. 04/2012 213-110-16-00 CUP 10-10/SUP 10-03 - Carlsbad Kingdom Hall 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 a Conditional Use Permit and Special Use Permit (CUP 10-10/SUP 10-03) 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. 04/2012 213-110-16-00 CUP 10-10/SUP 10-03 - Carlsbad Kingdom Hall Executed this 3 fi-^ day of ^g^CcTr>\6t?f^ , 20_\_2z. *OWNER: (Name of owner) (sign here) (print name here) (title and organization of signatory) By: ^Ju/jsgjf^ (sign here) STie (print nameTiere) (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). CITY OF CARLSBAD APPROVED AS TO FORM: RONALD R. BALL, City Attorney Date City Attorney Noise Form #2 Rev. 04/2012 STATE OF CALIFORNIA COUNTY OF SAN DIEGO On ^SC^y«4^^g^ <J3,^f2_ before me, H^^ic^ /Wut/^o ^^^^ Notary Public, personally appeared ZW/i> 3 j^^iZpfC^ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) (^^)dxe subscribed to the within instrument and acknowledged to me tha(^/khe/they executed the same in(^js^er/their authorized capacity(ies), and that by(]2i/5fer/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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 (SignatUKd of Notary) •i <fc A a li i ^ ^ - ^ HERMIE AQUINO [ Commission # 1889269 X Notary Public - California 1 \ x^aes/- San Diego County g 4__^^_^My Comm. Expires May 14.2014 t Noise Form #2 Rev. 12/17/2007 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California County of SAyJ t>l6hO ] Date personally appeared On D6C6^6e<2, g(^^i2,before me, ^feye/U>6^ f^lAfs/d ^NOm^ ^lA^SUC Here Insert Name and Title of the Officer Name(s) of Signer(s) HERMIE AQUINO Commission # 1889269 Notary Public - California z z \^^^^;w/ San Diego County J 1 ^^itiiasp^ Mv Comm. Expires May 14.2014 ^ ^ ^ ^ ^ 1 p y i> "> t o *| > who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)(J^re subscribed to the within instrument and acknowledged to me that (fie^he/they executed the same in liMier/their authorized capacity (ies), and that by i^her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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 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 Titie or Type of Document: Mono^ Ardl> uJM\/a^ Qo^iCey^AJ/A/^ Ml^Cifi^AfT Document Date: Number of Pages: Signer(s) Other Than Named Above: _____ Capacity(ies) Claimed by Signer(s) Signer's Name: <S/9^ Hn/jUej^xTT Signer Is Representing: P^H^MAZ. RIGHT THUMBPRINT OF SIGNER Top of thumb here ^&^orporate Officer - Title(s): C€Ci^&fyH<2y n Individual • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer's Name: • Corporate Officer • Individual Title(s):. • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here © 2010 National Notary Association • NationalNotary org • 1-800-US NOTARY (1-800-876-6827) Item #5907