HomeMy WebLinkAboutSDP 01-05; McMillan Companies LLC and Tamarack Properties; 2003-0270116; Notice of RestrictionL, RECORDING REQUESTED BY AND )
Ml 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. Dortion of 168-040-29 and 168-050-27
NOTICE CONCERNING AIRCRAFT
ENVIRONMENTAL IMPACTS
CASE NO: SDP 01-05
This Declaration and Notice Concerning Aircraft Environmental Impacts is made by
(name of legal owner) McMillan Companies. LLC and Tamarack Properties, Inc., a(n)
(individual, corporation, etc.) Delaware limited liability company and a California 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.
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 of Carlsbad Tract No. 00-02, Calavera Hills Phase II, in the City of
Carlsbad, County of San Diego, State of California, according to Map thereof No.
14541, filed in the Office of the County Recorder in the County of San Diego,
Febraury 12,2003.
B. The property is located approximately 2.7 miles 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.
...
...
Noise Form #2 Rev. 03/27/95
FORM: NOISE 2: 2 OF 3
D. It is the desire of Owners 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 fi-om 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. Owners have and shall develop the property in accordance with Site Development
Plan (SDP 01-05 1, 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 Owners have 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 fiequency 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. 03/27/95
FORM: NOISE 2: 3 OF 3
Executed this 1 day of XMvM 4 ,20 03.
*OWNER: Calavera Hills 11, LLC a California Limited Liability Company,
By: McMillin Companies LEC, A Delaware limited liability conpany,
Its: Managing Member
(Name of owner)
(sign here) /
Don Mitchell
(print name here)
Vice President
Brian Milich
(print name here)
Senior Vice President
(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).
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
By:
puty City Attorney
Noise Form #2 Rev. 03/27/95
STATE OF CALIFOR.NIA
COUNTY OF SAN DIEGO
On January 17th, 2003 before me, Elizabeth M. Breid
Notary Public, personally appeared Don Mitchell & Brian uch .. 3 [xxxxl
personally known to me - xmf” e. to be the
person(s) whose name(s)xus/are subscribed to the within instrument and acknowledged to me that
-/they executed the same in k&&heir authorized capacity(ies), and that by -/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 official seal.
c -
Noise Form #2 Rev. 03/27/95