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Home My WebLink AboutCT 99-13; Western Pacific Housing LLC; 2000-0383860; Notice of Restriction. 1. : . , JUI- 20:. 2000 2=23 Fw - 6463 aoc >: 20004383860 Sfll DIEM COUNTY RWRDER’S CFFICE RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: > City Clerk CITY OF CARLSBAD > 1200 Carlsbad Village Drive 1 Carlsbad, California 92008-1989 1 2000-0383860 Space above this line for Recorder’s use Parcel No. 215-050-58-00 ,- NOTICE CONCEkNING AIRCRAFT ENVIRONMENTAL, IMPACTS CASE NO: CT 99- 13 This Declaration and Notice Concerning Aircraft Environmental Impacts is made by (name of legal owner) WESTERN PACIFIC HOUSING - CARLSBAD 1, LLC, , a(n) (individual, corporation, etc.) DELAWARE LIMITED LIABILITY COMPANY, 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 Parcel 1 of Parcel Map 2244, as filed in the Office of the County Recorder of San Diego County on January 10, 1974 as File No. 74-007317 of offkial records B. The property is located approximately 1 mile(s) from the McCleilan- 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 D. E. 6464’ FORM: NOISE 2: 2 OF 3 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. 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 Parcel Map (CT m, 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 6465 FORM: NOISE 2: 3 OF 3 Executed this / y7# day of JsP??/L ) iso**, *OWNER: I? &+‘ii, Apm% #ANA6./K /%GbZfZKc orgzization o<signatory) ’ ‘/ By: (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). Noise Form #2 Rev. 03/27/95 6466 STATE OF CALIFORNIA COUNTY OF SAN DIEGO before me, Notary Public, personally appeared L-l\\ , DQ personally known to me - or [ ] proved to me on the basis of satisfactory evidence to be the person@ whose name@- is/are subscribed to the within instrument and acknowledged to me that he/s&&hey executed the same in his- authorized capacity++& and that by h&e&heir signature@j 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 Rev. 03127195 La . . ?ANlMOUS WRJTTEN CONSENT01 - iE BOARD OF DIRECTORS OF AP LHI, INC. 6467 . *. We, the undersigned, as member of the Board of Directors of AP LHI, INC., a corporation organized under the General Corporation Law of California (the “Corporation”), being all the members of such Board as presently constituted, do by this writing consent to take the following actions and adopt the following resolutions: WHEREAS, the Corporation is the managing member of Western Pacific Housing-CarIsbad I, LLC, a Delaware limited liability company and Western Pacific Housing-Torrey, LLC, a Delaware limited liability company (together “WPH”); and WHEREAS, WPH is in the business of acquiring property and engaging in the deveIopment, zoning, rezoning, design, improvement and construction of single family residences, townhouses, and condominiums upon such propew for sale to the home-buying public; and WHEREAS, it is in the interest of WPH to negotiate, enter into, modify and terminate agreements involving third parties relating to the business of,WPH; and WHEREAS, Scot C. Sandstrom; Vice President of the Corporation, in its capacity as the managing member of WPH, has from time to time negotiated signed, modified and terminated various agreements with third parties, relating to the business of the Corporation, in its capacity as the managing member of WPH; and WHEREAS, the Board of Directors wishes to authorize, approve and ratify the actions taken by Scot C. Sandstrom, acting in his capacity as Vice President of the Corporation, acting in its capacity as the ,. managing member of WPH, in having negotiated, signed, modified and terminated such agreements, and tai authorize and direct Scot C. Sandstrom to negotiate, sign, modify and terminate such agreements from time to time when he deems it to be in the best interest of the Corporation, in its capacity as the managing member of WPH. NOW, THEREFORE, BE IT RESOLVED, the actions of Scot C. Sandstrom, acting in his capacity as a Vice President of the Corporation, acting in its capacity as the managing member of WPH, in having negotiated, signed, modified and terminated various agreements from time to time, are hereby authorized, approved and ratified; and BE IT RESOLVED FURTHER that Scot C. Sandstrom, acting in his capacity as a Vice President -of the Corporation, acting in its capacity as the managing member of Wl?H, is hereby authorized &d-directed to negotiate, &gn, modify and terminate, from time to time when he deems it to be in the best interest of the Corporation, in its capacity as the managing member of WPH, agreements relating to the business of the Corporation, in its capacity as managing member of WPH. I We direct that this consent be filed with the Minutes of the proceedings of the directors of the corporation. This consent is executed pursuant to Section 307(b) and Section 2.12 of the Bylaws of the corporation, both unanimous written consent without a meeting. DATED: April 1,200O of the Corporations Code of the State of California, of which authorize the directors to take action by Craig A. Manchester m