HomeMy WebLinkAboutCUP 03-21; San Diego County; 2004-0174136; Notice of RestrictionDOC # 2004-0174136
MAR 033 2004 4:50 FM
OFFICIFIL RECRDS '%I DIE@ COUNTY RECORDER'S OFFICE GREGORY J. SiITH, COUNTY RECORDER FEES: 0.00
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: ) 1
City Clerk )
CITY OF CARLSBAD 1
1200 Carlsbad Village Drive )
Carlsbad, California 92008-1989 )
Space above this line for Recorder's use
Parcel No. 213-020-18
NOTICE CONCERNING AIRCRAFT
ENVIRONMENTAL IMPACTS
CASE NO: CUP 03-21
This Declaration and Notice Concerning Aircraft Environmental Impacts is made by
Countv of San Diego, a political subdivision of the State of California, 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:
A portion of Lot G of Rancho Agua Hedionda, according to Map No.
823, filed in the Office of the County Recorder of San Diego County,
State of California on November 16, 1896
B. The property is located approximately .25 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.
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Noise Form #2 Special Agreement Approved by City Attorney 02/04/04
FORM: NOISE 2: 2 OF 3
C. 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.
D. 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
environment a1 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 Conditional Use
Permit (CUP 03-15) 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 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.
3. 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.
4. 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.
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Noise Form #2 Special Agreement Approved by City Attorney 02/04/04
FORM: NOISE 2: 3 OF 3
Executed this /&A day of "tipzuwy ,20 of
*OWNER:
(Name of owper)
(print ame here) p'
(title and organization of signatory)
BY:
(sign here)
(print name here)
(title and organization of signatory)
APPROVED AS TO FORM:
ROmR. BALL, City Attorney -
. Deputy City Attorney
Noise Form #2 Special Agreement Approved by City Attorney 02/04/04
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STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
ss
On February 12,2004
and for said County and State, personally appeared
before me, GREGORY J. SMITH, AssessorRecordedCounty Clerk in
John J. McTighe
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personally known to me (or 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 hishedtheir 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 official seal.
GREGORY J. SMITH, Assessor/Recorder/County Clerk
BY w /&53&
DOUGLAS DUBOIS - Deputy