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Home My WebLink AboutCT 99-01; Carlsbad Beach Group; 2000-0419050; Notice of RestrictionI , *. .I; ‘, . i-LDOC x 2000-0419050 5156 .F G&jUfjj (38 , 2000 2:51 PM mx#iL RECORN *SM DIEGO CWTY REtBDER’S OFFICE RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ; City Clerk 1 CITY OF CARLSBAD 1200 Carlsbad Village Drive ; Carlsbad, California 92008-l 989 1 IN&SK es t?ol-lcG 2000-0419050 Space above this line for Recorder’s use Parcel No. 206-080-10, 11, 12 NOTICE CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS CASE NO: CT 99-Ol/SDP 99-02/PUD 99-Ol/CP OO-Ol/CDP 99-02 This Declaration and Notice Concerning Aircraft Environmental Impacts is made by (M?ZeOfk?@Z~UWner) CARI SRAn RFACH GRnlJP a(n) (individual, corporation, etc.) INVFSTIIRS, IIC: , 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 mile(s) from the McClellan-Palomar a 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. 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 titure 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: Noise Form #2 Rev. 0312’7195 5157 FORM: NOISE 2: 2 OF 3 1. Owner has and shall develop the property in accordance with Subdivision Tract Map (CT 99-Ol), 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. 03127195 5158 FORM: NOISE 2: 3 OF 3 Executed this ,2O 0~ . 12th dayof ~a? *OWNER: CARLSBAD BEACH GROUP INVESTORS, LLC a California Limited Liability Company (Name of owner) WTMANAGING MEMBER, MERIT GROUP, INC. H. David Buckmaster (print name here) President of Merit Group;lnc. (title and organization of signatory) UV!I! %JJx-MAS?ER (print name here) (title and organization of signatory) (Proper notarial acknowledgmenf of execution by Contractor must be aftached.) (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). APPROJIED AS TO FORM: Noise Form #2 Rev. 03127195 5159 STATE OF CALIFORNIA COUNTY OF SAN DIEGO on 5W~OO before me, L&k/ bcz Notary Public, personally appeared H , \>& J ; d. ($4,tC w , [ ] personally known to me - or oa proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/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. Noise Form #2 Rev. 03127195 , .I . .- 5160 STATE OF CALIFORNIA COUNTY OF . San DIP~O On May 12,200O , before me, Linda Lopez , personally appeared Ha David Buckmaster------------------ personally known to me (or proved to me on the basis of satisfactory evidence) to be the persor;(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. CAPACITY CLAIMED BY H. David Buckmaster is signing as President of Merit Group Inc., a California Corporation who is the managing.member of Carlsbad Beach Group Investors, L.L.C., a California Limited Liability Company lThls area (or Mual notam seal) Title of Document Date of Document ’ Other signatures not aCknowledged No. of Pages 3008 II:94 (General) Fws; Ar~-z3~1 Tlt!e Immnce Con~any I. . I *t. 1 < MINUTES OF A SPECIAL MEETING OF THE BOARD OF DIRECTORS OF 5161 MERIT GROUP, INC. A MEETING OF THE BOARD OF DIRECTORS OF MERIT GROUP, INC. WAS HELD AT IPM ON THE 27TH DAY OF JANUARY, 2000, AT OCEANSIDE, CALIFORNIA. WE, THE UNDERSIGNED, BEING ALL THE DIRECTORS OF MERIT GROUP, INC., HEREBY WAIVE ALL ADVANCE NOTICE OF SAID MEETING AND AGREE AND CONSENT THAT THIS MEETING IS HELD AT THE OFFICES OF i-HE CORPORATION. THE PURPOSE OF THE MEETING WAS TO AMEND THE BY-LAWS OF THE CORPORATION TO READ: THE FOLLOWING DIRECTORS, OFFICERS AND PRINCIPALS SHALL HAVE SIGNING AUTHORITY FOR THE BUSINESS OF THE CORPORATION: H. DAVID BUCKMASTER, PRESIDENT AND/OR PATRICIA A. BUCKMASTER, VICE PRESIDENT AND SECRETARY H. DAVID BUCKMASTER, PRESIDENT OF MERIT GROUP, INC. AND PATRICIA A. BUCKMASTER, VICE PRESIDENT AND SECRETARY OF MERIT GROUP, INC., CREATED AND EXISTING UNDER THE LAWS OF THE STATE OF CALIFORNIA, DO HEREBY CERTIFY AND DECLARE THAT THE FOREGOING RESOLUTION AND AMENDMENT TO THE BY-LAWS DULY PASSED BY THE BOARD OF DIRECTORS OF SAID CORPORATION AT A MEETING OF SAID BOARD, DULY CALLED, AND HELD AT THIS OFFICE OF SAID CORPORATION ON THE 27TH DAY OF JANUARY, 2000, AT WHICH MEETING A QUORUM OF THE BOARD OF DIRECTORS WAS PRESENT AND VOTED IN FAVOR OF SAID RESOLUTION NOW IN FULL FORCE AND EFFECT. IN TESTIMONY WHEREOF, WE HAVE HERETO SET R SIGNATURES ON THIS 27TH DAY OF JANUARY, 2000. H. RAVED BUCKMASTER