HomeMy WebLinkAboutCDP 2017-0018; Polzin Family Trust; 2017-0515137; Notice Concerning Proximity or ImpactsDOC# 2017-0515137
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Nov 03, 2017 11 :20 AM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr,
SAN DIEGO COUNTY RECORDER
FEES $24.00
RECORDING REQUESTED BY AND)
WHEN RECORDED MAIL TO: )
PAGES 4
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, California 92008-1989
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Space above this line for Recorder's use
Assessor's Parcel Number 206-180-40-00
ProJ·ect Number and Name CDP 2017-0018 (DEV2017-0061) -
POLZIN RESIDENCE
NOTICE AND WAIVER CONCERNING AIRCRAFT
ENVIRONMENTAL IMPACTS
CASE NO: CDP 2017-0018
This Declaration and Notice Concerning Aircraft Environmental Impacts is made by The
Polzin Family Trust, 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:
That portion of Lot 11 in Block "C" of Bellavista, in the City of
Carlsbad, County of San Diego, State of California, according
to map thereof No. 2152, filed in the office of the County
Recorder of San Diego County, March 7, 1929. As described
in deed recorded September 14, 2016 as Doc. No. 2016-
0480819. More particularly described as Parcel "A" of
Certificate of Compliance recorded September 12, 2016 as
Doc. No. 2016-0475201.
B. The property is located approximately 2.6 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.
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.
Noise Form #2 Rev. 01/2013
0J
Assessor's Parcel Number: 206-180-40-00
Project Number and Name: CDP 2017-0018 (DEV2017-0061) -POLZIN RESIDENCE
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 Coastal
Development Permit (CDP 2017-0018), 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. 01/2013
Assessor's Parcel Number: 206-180-40-00
Project Number and Name: CDP 2017-0018 (DEV2017-0061) -POLZIN RESIDENCE
OWNER:
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Owner's Name
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Print na e and title
~ ~-:r;('-"57£6'. Signature
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Date )
APPROVED AS TO FORM:
~y OF CARLSBAD ~~·--rL
DON NEU,
City Planner
10/20/r7
Date
CELIA A. BREWER, City Attorney
By ~d-city~
Date
(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).
2 Rev. 01/2013
CAUFORNlA AL L~PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
.4 notary public Oi other officer completii1g this certificats verifies only the identity of the individuai who signed the
docume<1t to which this ce1iificate is attached, and not the t1·'.Jthful1~ess, accuracy or validity of that document
State of Carifornia
County of Riverside
OnlCT~ {<3 , 't.O l 7
Date
before r1e, Laurie Lni twieler, Notary Public
Here Insert Name and Title of the Office;
pe(sonally appeared
Name{s) of Signer(s)
Pc: I 12-DR-€ E . Pt) L -z.. I rv ( n:2 U STEE )
'v,,t c p cv0(1 t~) rne on the bisi:= ,:r' s3tisfs::;to,y evid,3:1,::;0 to b,3 tt,6 persoij_,81) v\it"Ust:: nctrnc(sl) 1s/~)
s~,fjs,_:;11b,:.:d to ~!'"16 \11;ithin instrurnent and. ad:now1ed,;ied to rne that he/she/t9 execut2d .the '1(arrie V.
n1s(!·:ei/t~ S.;J:hon2e(j cap3city(®, anc; u·,a1 by h1s/h_ed~ s,gn~ture@. on the 1nstrurns.-it tn6 perso1·0
CF 'h" c:':L,.1, u;~·o:'1 he,h3!\ rn vvh1cn rt·:e uerson@)acteo, .sx.ecuted tne msuurnent
LAURIE LUITWIELER
comm1111on # 2134353 ~ Notarr Public -Cafffornla I
z f:llverstde County ?: J. •••• JJt°tt"! W't5B'z v.2a1el
: ce1i1fy L1:1da• PENALTY OF PERJUR\ under the la111.:
c,t th6 State of California thar th2 foregoing paragrc1pr,
is true and correct.
WITNESS my hand and official seal
------~---·-·---·· OPTJO.NAL -----------
Tr1,::;ugh thl:;;, se,~tion i:s optional, cornplat1n9 this information can deter afteratioo of the do.rurnenr oi
fraur:i:1/enf reattachment of this form to an unintended document
Description of Attached Document
Title or Type of Document: ______________ Document Date: ________ _
Number of Pages; ___ Signer{s) Other Than Named Above:
Capacity(ies) Claimed by Signer{s)
Signer's Name. _____________ _ Signer's Name: _____________ _
::J Corporate Officer -Title(s): ____ _ [] Corporate Officer -Title{s): ______ _
0 Partner -[l Limited O General 0 Partner -· 0 Limited O General
0 Individual O Attorney in Fae! • -1 lricli"idua! CJ Attorney in Fact
[J Trustee rJ ·Guan:lism r:,, ronservat,-,,· ,. 7 Tn,stee [7 Guardian or Cons-srvator
[7 Other --------------------,:-J Qth,:n
Signe, ls Repr,,i,entir,g __________ _