HomeMy WebLinkAboutCUP 98-20; CB Ranch Enterprises; 1999-0765043; Notice of Restriction3315 DOC 1999-0765043
NOU 183 1999 11~23 fW
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: 1
City Clerk 1
CITY OF CARLSBAD )
1200 Carlsbad Village Drive )
Carlsbad, California 92008-1989 )
)
Space above this line for Recorder's use
Parcel No. 211-022-21
NOTICE CONCERNING AIRCRAFT
ENVIRONMENTAL IMPACTS
CASE NO: CUP 98-20KDP 98-91
This Declaration and Notice Concerning Aircraft Environmental Impacts is made by
(name of legal owner) CB Ranch Enterorises. , a(n) (individual, corporation, etc.) a California
Corooration , 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 1.5 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.
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Noise Form #2 Rev. 03/27/95
3916
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 Conditional Use
PermiUCoastal Development Permit (CUP w, 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.
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Noise Form #2 Rev. 03/27/95
3817
FORM: NOISE 2: 3 OF 3
Executed this .5th day of -, 19%.
*OWNER:
(Name of owner)
(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
certified by the secretary or assistant secretary under corporate seal empowering the officer(s)
treasurer must sign for corporations. Otherwise, the corporation must attach a resolution
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:
Noise Form #2 Rev. 03/27/95
3819
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On AlovtIrnbW~! 1999 beforeme, Jaria 5. huts
Notary Public, personally appeared Chf;s-Coph\w c. &\\<iv\S , wpersonally
known to me - or [ ] proved to me on the basis of satisfactory evidence to be the personwwhose
name@ is- subscribed to the within instrument and acknowledged to me that he/$km
executed the same in hisbM1r authorized capacityo, and that by hisiWMSir signaturw
on the instrument the personw, or the entity upon behalf of which the perso@ acted, executed
the instrument.
WITNESS my hand and official seal.
h$.Q& Commission # 124937 Notory PuMic - Califamb
(Signature ofNbtary)
Noise Form #2 Rev. 03/27/95
3819
ACTION BY WRllTEN CONSENT
BOARD OF DIRECTORS OF
CB RANCH ENTERPRISES
THE UNDERSIGNED being all of the Directors of CB Ranch Enterprises, a California corporation
consent:
(the "Corporation"), hereby adopt the following recitals and resolution by unanimous written
RECITALS
A. The Corporation is the owner of a portion of the real property known as the Carlsbad
Ranch located in the City of Carlsbad (the "City"), State of California.
the Carlsbad Ranch Amended Specific Plan 207(A) (the "Project").
B. The Carlsbad Ranch is intended to be developed in accordance with the uses set forth in
C. The City requires that the Corporation provide proof of authority to execute any and all
agreements and documents required for or in conjunction with the development of the Project.
authority to execute various documents in furtherance of the legitimate business interests of the
D. Christopher C. Calkins, in his capacity as President of the corporation, is vested with the
Corporation.
RESOLUTION
corporation, is hereby authorized and directed to execute and deliver on behalf of the Corporation
NOW, THEREFORE, BE IT RESOLVED, that Christopher C. Calkins. as President of the
any agreements and documents required for or in conjunction with the further development of the
Project, with such agreements and documents to contain such terms and conditions as such
officer shall in his sole discretion approve, the execution of such by him to constitute conclusive
evidence of such approval.
EXECUTED: July 25,19
crereso.doc