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HomeMy WebLinkAboutCT 93-01; Continental Ranch Inc; 1998-0803506; Notice of RestrictionI - . q RCiOHi)tiG REQUESTED BY JAW’& ATE DOC? 1998-0803506 C~ 6 . DEC 10s 1998 3:21 PM ‘E.,:S i:15irm!:,lt ii’-d fCr i?CCr:! ‘jy &afif.y-;-l / :I:-' '. %. >.I ,, 1X en accwnodation only. It has hot been cxaaxined a ;O ..,b2 its CxCClition or as to its effect upon the title. %) WHEN RECORDED MAIL TO: ) > City Clerk > CITY OF CARLSBAD > 1200 Carlsbad Village Drive > Carlsbad, California 92008 1989 > 2 3!3Gq-e5 LIFFICI~ lEatiM aIt4 DIEGo cum REalRER’S OFFICE GREm f&mH9 ixiut$m . . l Space above this line for Recorder’s use PARCEL NO. 215-031-05/222-01 l-05/221-012-12/222-01 l-06 I NOTICE AND WAIVER CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS e- CASE NO: CT 93-01 This Notice and Waiver Concerning Aircraft Environmental Impacts is made by Continental Ranch, Inc., a Delaware Corporation, hereinafter 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 which 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 more fully described as: Lots l-67 according to Final Map No.13552 which are in the City of Carlsbad, County of San Diego, State of California and recorded with the Office of the County Recorder of the County of San Diego on March 31 , 1998 (“Property”). C. The Property is located approximately 1.5 miles 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 or Owner has any responsibility or control over the operations of the Airport, including, without limitation, the types or number of flight operations, types of aircraft (including jet aircraft and helicopters), timing of flight operations, location of flight patterns or Noise Form #2 ) : ,“bf .r ./1 Mod. 07/01/97 . 5 . . -1603 FORM: NOISE 2: 2 OF 3 frequency of the flights. E. It is the desire of 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 CT 93-01 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 Elements 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 EIR. 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. Ill Ill Ill Ill II/ II/ Ill Noise Form #2 Mod. 07/O l/97 , . . . 1604 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 Ai ort operations if City should assume control of the Airport in the future. Signed this 2 a day of M.CH , 1998. OWNER: &Mm~~T-w R/4wc f4, zve ’ (Name of owner) By: hs--sAl* -* (sign here) bW/D 4. Ld7e (print name here) I/l&z PEES. (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.) (President or vice president AND secretaw or assistant secretaty must sign for corporations. If only one officer signs, the coqoration 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: RONALD R. BALL, City Attorney Bv: Noise Form #2 Mod. 07/01/97 c ’ l 1605 STATE OF CALIFORNIA COUNTY OF SAN DIEGO On M&r& 2, lLj4k before me, /vu* A. ufm &-- u Notary Public, personally appeared >CU/ ; 04, fi + b*- , known to me - C to be the person( 7f whose the within instrument and acknowledged to me that@lsf$ky ir authorized capacity($), and that b&/rltl#ir signature@ on the instrument the person( or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Noise Form #2 Mod. 07/01/97