HomeMy WebLinkAboutCT 02-21; Real Estate Collateral Management Company; 2004-0300279; Notice of RestrictionDOC # 2004-0300279
OFFICI&. RECORDS ShN DIEGO COUNTY RECORDER'S OFFICE
FEES: 16.00 GREGORY J. SMITH, COUNTY RECORDER
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: )
)
City Clerk )
CITY OF CARLSBAD )
1200 Carlsbad Village Drive )
Carlsbad, California 92008-1989 1
Space above this line for Recorder's use
Parcel No. 213-1 12-03
NOTICE CONCERNING AIRCRAFT
E?WIRONMENTAL IMPACTS
CASE NO: CT 02-21 - VILLAGES OF LA COSTA GREENS NEIGHBORHOOD 1.12
This Declaration and Notice Concerning Aircraft Environmental Impacts is made by
(name of legaZ owner) Real Estate Collateral Management Company, a(n) (individual,
corporation, etc) a Delaware Corporation, 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:
Being a subdivision of Lot 12 of Carlsbad Tract No. 99-03 La Costa Greens, in
the City of Carlsbad, County of San Diego, State of California, according to Map
No. 14543, filed in the Office of the County Recorder of San Diego County,
February 12,2003.
B. The property is located approximately 1 1/2 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.
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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
Map CT 02-21, 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.
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Noise Form #2 Rev. 03/27/95
FORM: NOISE 2: 3 OF 3
Executed this 3 rp day of GbC~ry ,2ow .
*OWNER:
Real Estate Collateral Management Company
(Name of owner)
(sign here)
Fred Schimel
(print name here)
Vice President
(title and organization of signatory)
By:
(sign here)
(print name here)
(title and organization of signatory)
(f roper 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
Noise Form #2 Rev. 03/27/95
COUNTY OF -c@K
OnjCbwhry 3,Za before me, htw4 Q. &kc-
Notary Public, personally appeared &n I Sh; m e 1 Y [k 1
personally known to me - or [ ] proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) idare subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in hisherkheir authorized capacity(ies), and that by hishedtheir
signature(s) on the instrument the person(s), or the entity upon behalf of which the person@)
acted, executed the instrument.
WITNESS my hand and official seal.
n
(Signature of Notary)
DIANA C MORENQ
NOTARY -E, STATE OF KLlNOlS
5 MY coMM(881ffl EXPIRES tom/op .
Noise Form #2 Rev. 03/27/95