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HomeMy WebLinkAboutCT 94-03; Olympus Sch. Housing No. 2; 1996-0538542; Notice of Restrictioni - 1 * 1 i - I /-. , , l 411 Lx It 1996-0538542 24-OCT-1996 08t52 Ail OFFICIAL RECORDS W DIEGO COUNTY RGllRDER’S OFFICE GREGORY “;‘tl; C~~~E~E~~R~ER RF: . : 19.00 . . . cli: 9IOo IlD 1.00 RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: > 1 City Clerk 1 CITY OF CARLSBAD > 1200 Carlsbad Village Drive ) Carlsbad, California 92008- 1989 1 Space above this line for Recorder’s use ParcelNo. APN 215-612-20 kPQ-jj7I NOTICE CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS CASE NO: ~~~b~~-Ozrpr) This Declaration and Notice Concerning Aircraft Environmental Impacts is made by (nameo~leguZowner)Olvm~us Sch. Housinq No. 2 a(n) (individual, corporation, etc.) . . . . . a Delaware Limited Iiabll~tv Co. , 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. B. 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: See attached Exhibit "A" The property is located approximately 1.4 miles 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. . . . . . . Noise Form #2 Rev. 03/27/95 412 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 94-03 and PUD 94-02A 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. 03/27/95 . t 413 FORM: NOISE2:3 OF3 Executed this 30th day of August ,I9 g6 L *OWNER: OLYMPUS/SCH HOUSING NO. 2, L.L.C., a Delaware limited liability company ornia corporation Robert S. Bennett (print name here) President Bruce W. Gladish (print name here) Executive Vice President and Secretary (title and organization of signatory) (Proper notarial acknowledgment of execution by Contractor must be attached.) (President or vice president AND secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the coqooration) APPROVED AS TO FORM: RONALD R. BALL, City Attorney Noise Form #2 Rev. 03127195 414 STATE OF CALIFORNIA COUNTY OF SAN DIEGO On August 30, 1996 before me, Mary E. Fitzpatrick Notary Public, personally appeared Robert S . Bennett and Bruce W. Gladis,w personally known to me - or [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) k/are subscribed to the within instrument and acknowledged to me that+&Wthey executed the same in l&#k&their authorized capacity(ies), and that by fifsRr~/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and offkial seal. (Signature of kotary) u Noise Form #2 Rev. 03127195 - E X H I B I T "A" PARCEL 6 OF PARCEL MAP NO. 1645 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER ON APRIL 15, 1991.