HomeMy WebLinkAboutPIP 05-12; Techbilt Construction Corporation; 2005-1001385; Notice of RestrictionDOC # 2005-1 001 385 I llllllll Ill lllll IIIII Ill11 11111 IIIII 11111 1111111111111111llll Ill1 1111
NOV 18,2005 9:21 AM
OFF1 ClAL RE CURDS
'JAN DIEGO CUUNT'Y RECORDER'S OFFICE GREGORY J SMITH, COUNTY RECORDER FEES 1600 PAGES 4
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: 1 1
City Clerk 1
CITY OF CARLSBAD 1
1200 Carlsbad Village Drive 1
Carlsbad, California 92008-1 989 1
Space above this line for Recorder's use
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Parcel No. 209-082-07
Project Number and Name: PIP 05-12 - Oaks East Lot 3 1
NOTICE CONCERNING AIRCRAFT
ENVRONMENTAL IMPACTS
CASE NO: PIP 05-12
This Declaration and Notice Conceming Aircraft Environmental Impacts is made by
corporation) 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.
Techbilt Construction Corporation Y
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:
Lot 3 1 of Carlsbad Tract No. 74-21, in the City of Carlsbad, County of San Diego,
Srde ofC::Eifa;mia, acccrdhg to raip t!;crec.fNc. 10372, -F;,kci h the Officr ofthe
County Recorder of San Diego County on April 13,1982.
B. The property is located approximately 1 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
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, dc=s, for kif, and its successors and ns~igns, give the fol1owir.g notice:
1. Owner has and shall develop the property in accordance with Subdivision Tract
Parcel Map (CT 74-21), 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 my right, titlt: or ;ritteresc in “ciit: piVp@Tij.
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
FORM: NOISE 2: 3 OF 3
24th dayof October 05 Executed this -3 20-m
*OWNER:
TECHBILT CONSTRUCTION CORP.
(Name of owner)
BY:
(sign here)
-- Theodore Tchang, Vice President
(print name here) -_c
Vice President of Tpchbilttriirtbn Corp. (title and organization of signatory)
(sign here)
Genevieve Tchang, Secretary
(print name here)
Secretary of Techbilt Construction Corp.
(title and organization of signatory)
(Proper notarial acknowledgment of execution by Contractor must be attached.)
(Chairman, president or vice-president and secretary, assistant secretary, Cf 0 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 io bind the corporation.]
(If signed by an individual partner, the partnership must attach a statement of partnership
authorizing the partner to execute this insttument).
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
Noise Form #2 Rev. 03/27/95
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On October 24th, 2005 before me,
Notary Public, personally appeared Theodore Tchang and Genevieve Tchang , [ X ]
personally known to me - or [ ] proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) Islare subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in k&er/their authorized capacity(ies), and that by h&€=rcdtheir
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.
Noise Form #2 Rev. 03/27/95