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Home My WebLink AboutCP 03-08; Nowicki Condominium Conversion; Condo Permit (CP) (4)RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 THE ORIGINAL OF THIS DOCUMENT WAS RECORDED ON JUL23.2004 DOCUMENT NUMBER 2004-0691371 GREGORY J. SMITH, COUNTY RECORDER SAN DiEGO COUNTY- RECORDER'S OFFICE TIME: 8:48 AM Space above this line for Recorder's use Assessor's Parcel Number Project Number and Name 216-240-07 CP 03-08/AV 04-04 Nowicki Condominium Conversion NOTICE OF RESTRICTION ON REAL PROPERTY The real property located in the City of Carlsbad, County of San Diego, State of California described as follows: Lot 225 of la Costa South, Unit no. 3, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 6533, files in the Office of the County Recorder of San Diego County, November 3, 1969 is restricted by a Condominium Permit and Administrative Variance No. CP 03-08 and AV 04-04 issued by the City of Carlsbad on June 21, 2004. A copy is on file at the City of Carlsbad Planning Department. The obligations and restrictions imposed are binding on all present or future interest holders or estate holders of the property. Rev. 06/04/96 OWNER:CITY OF CARLSBAD Owner's Name Signature MICHAEL J. H5LZ Planning Director LER, Date Print name and title Signatu Print name and title £• 30- Date ATTEST: f Y^L 4^'>4/ iAIMi'lVh-WOOOTiCity Clerk APPROVED AS TO FORM: RONALD R. BALL, City Attorney J3y: ^ ity Attorney (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). Rev. 06/04/96 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT y.^<^-c<i^e<>gCc<X^-<^<^cC^£££££££££s££35s££<is£ffifi£Jfisfisfisfie-x State of California Countv of £*XY^ \^-€f\O . On kfooM .before me, T"h^R^>C [W\dU^(SV^ / Dalf personally appeared v/nv-^ViT i ^HSfe. THOJESE HENDERSON • Son Dteoo County Place Notary Seal Above 1 Name and Tide of Officer (e.g., "Jane Doe, Notary public") (X/nd M.&\OJTi fJcLO^cJu Name(sf of Signer(s) fe^ersonally known to me IH proved to me on the basis of satisfactory evidence to be the person^s) whose name(|5) is(are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hei^tKej? authorized i signature/s))on the instrument the person(s), or i the entity upon behalf of which the perso/f(s)s ; acted, executed the instrument. /WTTNfcSS my hand and official seal. ^ • Signature of fjotary Publicr r\n-rir\ki * I Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: U Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: S gner Is Representing: ^x^kJCoCx >G<x^;;C<>C<~x"S< x3< ,-C< xTxxix iC/ ,-o< >Co£k :C< Xlk xl Number of Pages: ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^H RIGHT THUMBPRIN 1 ^^Hi l^^^^ta^^^^^HI^^^^^HI^^^^^^^^H^Hil^^lHll^^^^^l OF Slt^rJFR ^^H" Top of thumb here i Xi&&CZXS35<jG&Zve^^ 6 1999 National Notarv Associalion • RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 THE ORIGINAL OF THIS DOCUMENT WAS RECORDED ON JUL23, 2004 DOCUMENT NUMBER 2004-0691369 GREGORY J. SMITH, COUNTY RECORDER SAN DIEGO COUNTY RECORDER'S OFFICE TIME: 8:48 AM Space above this line for Recorder's use Parcel No. 216-240-07 Project Number and Name: CP 03-08 - Nowicki Conversion _ NOTICE CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS CASE NO: CP03-08 This Declaration and Notice Concerning Aircraft Environmental Impacts is made by (name of legal owner) Vincent and Megan Nowicki, a(n) (individual, corporation, etc.} Individual, 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 225 of la Costa South, Unit no. 3, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 6533, files in the Office of the County Recorder of San Diego County, November 3, 1969. B. The property is located approximately 3 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. 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, 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 (CP 03-08), 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. 03/27/95 Executed this "OWNER: FORM: NOISE 2: 3 OF 3 day of C/U/^-€_, 20 -g q ofb(Name of owner) By: (sign here) (print name here) (title and organization of 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). APPROVED AS TO FORM: RONALD R. BALL, City Attorney By: City Attorney Noise Form #2 Rev. 03/27/95 STATE OF CALIFORNIA COUNTY OF SAN DIEGO On before me, Notary Public, personally appeared \/jAf-gjn(' '"» A^-CA/LH fJckyi.oJ(J [ \/] personally known to me - or [ ] proved to me on the basis of satisfactory evidence to be the person^sYwhose name^ is,(cird)subscribed to the within instrument and acknowledged to me that he/she/(fiey> executed the same in his/her/(fieirNauthorized capacityjlet^ and that by his/her^ffielr) signaturei(spon the instrument the person^/, or the entity upon behalf of which the persons acted, executed the instrument. • WITNESS my hand and official seal TOERESE HBJDBBOM Commission #I2M01| Son Diego County My Comm. Bq*es Nov 1Z2D04 -(Signature of Notary) Noise Form #2 Rev. 03/27/95 City of Carlsbad Planning Department Document Recordation Transmittal ROUTED TO INITIALS Planning Department City Attorney's Return Planning Dept. Clerk DATE SENT DATE RECEIVED 1 ( (I JUL 1 9 to* 9- v^/ FROM: Michele Masterson/Galloway REQUEST TO PROCESS DOCUMENTS FOR RECORDATION PROJECT ID NO. CP 03-08/AV 04-04 PROJECT NAME: Nowicki Condominium Conversion INSTRUCTIONS: City Attorney: Please obtain City Attorney signature on the attached agreement(s). City Clerk: Please process for recordation. Recording fees are to be charged to the City in accordance with the standard letter agreement with the Recorder's Office. Please return a copy of the recorded document(s) to this office for our records. SPECIAL INSTRUCTIONS: ATTACHMENTS: |EI NOTICE CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS D OTHER: File NOTICE OF EXMBTION To: Office of Planning and Research From: CITY OF CARLSBAD " ~ P.O. Box 3044 Planning Department jjv Sacramento, CA 95812 1635 Faraday Avenue ^r(\^'' -A Carlsbad CA 92008 \^ ' ^- County Clerk « n n r§(76D02-4600 , ^> .county Clerk ra n n rEjv/omybi County of San Diego lr U U=> . 4=" ,, \^LA«^ v TJ A T> <^n GreaoivJ. Smith, Recorder/County ClerKAttn: Karen Hernandez, Room 260 «'Bau|y 1600 Pacific Highway jyj_ 0 2 2004 - San Diego CA 92101 /uf> BY Cl-J- DlpUTY Subject: Filing of this Notice of Exemption is in compliance with Section 21152b of the Public Resources Code (California Environmental Quality Act). Project Title: CP 03-08/AV 04-04 - Nowicki Condominium Conversion ; Project Location - Specific: 2426 and 2428 Torrejon Place Project Location - City: Carlsbad Project Location - County: San Diego Description of Project: Condominium conversion on fan existing duplex from single ownership to dual ownership. An Administrative Variance to allow a reduced side yard setback (7.5-feet to 3-feet) for an exjgtmg duplex. Name of Public Agency Approving Project: City of Carlsbad Name of Person or Agency Carrying Out Project: Jessica Galloway Name of Applicant: Megan and Vincent Nowicki Applicant's Address: 8044 Camino Montego, Carlsbad, CA 92008 Applicant's Telephone Number: 760-635-5977 Exempt Status: (Check One) Ministerial (Section 21080(b)(l); 15268); Declared Emergency (Section 21080(b)(3); 15269(a)); Emergency Project (Section 21080(b)(4); 15269 (b)(c)); ' I Categorical Exemption - State type and section number: 5030KK)- Existing Facilities Statutory Exemptions - State code number: Reasons why project is exempt: Division of an existing duplex into to common ownership. Lead Agency Contact Person: Jessica Galloway Telephone: (760)602-4631 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? UC rru IMTV ri MICHAEL J. HOLZA/HfelLER, Pfenning DrMr1111" ul JlJt C 2"M~~" ' Date San Diego County on — Signed by Lead Agency Posted!iJUL2-J££j—X Signed by Applicant Returned to aoenw on Deputy_jLl«=*a=====»-- • —-—Revised March 2004 STATE OF CALIFORNIA - THE RESOURCES AGENCY DEPARTMENT OF FISH AND GAME ENVIRONMENTAL FILING FEE CASH DFG 753.5a (8-03) f\ V y 248353 Lead Agency: {Countyj State Agency of Filing: Project Title: ClQVOftllW Project Applicant Name: Project Applicant Address: School DistrictProject Applicant (check appropriate box): Local Public Agency StateAgency ^_J*S--C._ Private CHECK APPLICABLE FEES: ( ) Environmental Impact Report ) Negative Declaration ) Application Fee Water Diversion (State Water Resources Control Board Only) Projects Subject to Certified Regulatory Programs County Administrative Fee / ( ( ( ) ( ) "^^ Project that is exempt from fees Signature and title of person receiving payment: WHITE-PROJECT APPLICANT YELLOW-DFG/FASB $850.00 $1,250.00 $850.00 $850.00 $25.00 iLDENROD-STATE AGENCY OF FILING