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HomeMy WebLinkAboutCT 98-06; Greystone Homes Inc; 2000-0268304; Notice of Restriction* . 1 * , llll~hll~ll~lYllllll M(!yfc:j z~y~;yy)4 2000-0268304 L ?I : PM DFFICIIK REcofas !#I DIEGO GOlfMY RECNDER’S OFFICE GREGW J. SMIH, ~T~~~ FEES: . RECORDING REQUESTED BY AND ) 4921 WHEN RECORDED MAIL TO: > City Clerk ; CITY OF CAFUSBAD > 1200 Carlsbad Village Drive > Carlsbad, California 92008-1989 > Space above this line for Recorder’s use @W-b Parcel No. 2 16- 140-30.3 1 NOTICE CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS CASE NO: CT 9%06/CP 98-05 This Declaration and Notice Concerning Aircraft Environmental Impacts is made by (name of legal owner) Grevstone Homes, Inc. , a, 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: B. The property is located approximately 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. . . . . . . . . . . . . Noise Form #2 Rev. 03127195 - 4922 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 98-06, 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 prcperty. 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. 03127195 FORM: NOISE 2: 3 OF 3 Executed this 1 4 day of 1,19!PL. *OWNER: (Name of owner) (sign here) W\& t-r-c (print name here) v Acsv\rcnad (title and organization of signatory) Bv: (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 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). APPROVED AS TO FORM: RONALD R. BALL, City Attorney Bv: (m w AZ& Attorney Noise Form #2 Rev. 03127195 STATE OF CALIFORNIA COUNTY OF SAN DIEGO On before me, 3&bL Al wkbv~tlce A Notary Public, personally appeared n q ; oh u +-S (3 < , [ &j$&sonally known to me - or [ ] proved to me on the basis of satisfactory evidence to be the person@) whose namely is/a% subscribed to the within instrument and acknowledged to me that he&e/&y executed the same in his/h~/tli%r authorized capacity(&), and that by his/k/tk& signature(+ on the instrument the person&J, or the entity upon behalf of which the person@ acted, executed the instrument. WITNESS my hand and official seal. Noise Form #2 Rev. 03127195 GREYSTONE HOMES, INC. CERTIFICATE OF INCUMBENCY I, Todd Palmaer, Assistant Secretary of Greystone Homes, Inc. California corporation, hereby certify that the following persons have been duly elected and/or appointed to the position(s) set opposite their respective names, that said elections and/or appointments are in full force and effect and, except where indicated (*), that any one of the following persons is authorized to execute and deliver documents on behalf of the Corporation. DIRECTORS Jonathan M. Jaffe Peter Kiesecker Robert W. Gamin OFFICERS Name Peter Kiesecker David Kitnick Denis Cullumber Chuck Dragicevich Richard Baker Steve Delva Tim Kent Todd Palmaer Bruce E. Gross Bruce Crable Dave Phillips Linda Hale Bruce E. Gross Allan Quan Dave Vogel Diane Bassette Emile Haddad Jonathan M. Jaffe Ken Rembold Lynette Pelligrini Mark Kemmerer Mark McHone David B. McCain Mike Levesque Nick Dodson Robert W. Gamin Waynewright Malcolm Robert W. Gamin Alan Yue Title President President, Phoenix Division ’ President, South Coast Division President, Ventura Division President, North Bay Division President, South Bay Division President, Las Vegas Division President, San Diego Division Chief Financial Officer Vice President Vice President Vice President Vice President Vice President Vice President Vice President Vice President Vice President Vice President Vice President Vice President Vice President Vice President Vice President Vice President Vice President Vice President Secretary Assistant Secretary c’ ‘ . - l , . Allan Quan Bill Baker Brian Utsler Bruce Crable Don Larson Mark Kemmerer Mark McHone Greg McGuff Scott Homan Todd Palmaer David B. McCain Allan Quan Treasurer Assistant Secretary Assistant Secretary Assistant Secretary Assistant Secretary Assistant Secretary Assistant Secretary Assistant Secretary Assistant Secretary Assistant Secretary Assistant Secretary Assistant Secretary Controller Peter Kiesecker IN WITNESS WHEREOF, I have hereunto signed my name and affixed the corporate seal of Greystone Homes, Inc. DATED this 13th day of April, 1999.