HomeMy WebLinkAboutCT 00-13; Canterina LLC; 2001-0881081; Notice of RestrictionDOC # 2001-0881081
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO:
City Clerk CITY OF CARLSBAD
9692
1200 Carlsbad Village Drive ) Carlsbad, California 92008-1989 )
Space above this line for Recorder's use
Parcel No. 215-040-04-00 -
A,. "
NOTICE CONCERNING AIRCRAFT
ENVIRONMENTAL IMPACTS
CASE NO: CT 00-13
This Declaration and Notice Concerning Aircraft Environmental Impacts is made by
(name of legal owner) Canterina, 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:
The north half of the northwest quarter of the northwest quarter of the
northeast quarter of Section 27, Township 12 south, Range 4 west, San
Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of
California, according to the oficial plat thereof
B. The property is located approximately 1 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.
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Noise Form #2 Rev. 03/27/95
9693
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 shail develop the property iil accordance with Subdivision Tract
Parcel Map (CT 00-13 ), 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. l'he purpose of this Notice is to disclose LO the hiiesr extent possible prcseni 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.
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Noise Form #2 Rev. 03127195
FORM: NOISE 2: 3 OF 3
Executed this 28 day of Aunu4t- ,204L.
*OWNER
’4L” DrjJ , /
(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 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).
APPROV bD AS TO FORM: ;?NAY ]EL, ly,~ -
Depu City Attorney
Noise Form #2 Rev. 03/21/95
9695
STATE OF TEXAS
On st, aO/ before me, dh A.
Notary !ublic, personally appeared 3 [k 1
personally known to me - or [ ] proved the basis of satisfactory evidence to be the
person(s) whose name(s@are subscribed to the within instrument and acknowledged to me that
@she/they executed the same in@her/their authorized capacity(ies), and that beedtheir
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
0
WITNESS my hand and official seal.
r
(Signature of Notary) '
Noise Form #2 Rev. 03/27/95