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HomeMy WebLinkAboutCDP 2017-0043; Francis, Mark D; 2018-0402596; Notice Concerning Proximity or ImpactsRECORDING REQUESTED BY AND) WHEN RECORDED MAIL TO: ) City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 ) ) ) ) ) DOC# 2018-0402596 111111111111 lllll 1111111111111111111111111111111111111111 IIIII IIII IIII Sep27, 2018 09:18AM OFFICIAL RECORDS Ernest J. Dronen burg, Jr , SAN DIEGO COUNTY RECORDER FEES $98 00 (SB2 Atkins $75.00) PAGES 4 Space above this line for Recorder's use Assessor's Parcel Number 215-070-51-00 ---------------- Pr 01· e ct Number and Name CDP 2017-0043 (DEV2017-0130) -FRANCIS RESIDENCE NOTICE AND WAIVER CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS CASE NO: CDP 2017-0043 This Declaration and Notice Concerning Aircraft Environmental Impacts is made by MARK D. FRANCIS, 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: Parcel 1 of Parcel Map No. 20880, in the City of Carlsbad, County of San Diego, State of California, according to map thereof filed in the office of the County Recorder of San Diego County, April 26, 2011. B. The property is located approximately 0.85 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. 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. Noise Form #2 Rev. 01/2013 3'-(I Assessor's Parcel Number: 215-070-51-00 Project Number and Name: CDP 2017-0043 (DEV2017-0139)-FRANCIS RESIDENCE 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 2017-0043), 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: 215-070-51-00 Project Number and Name: CDP 2017-0043 (DEV2017-0139)-FRANCIS RESIDENCE Executed this day of ____,;;;_Sll_l_~ ______ , 20 I 'I>. *OWNER: MIJM< f) .. r/LA/Vc1s (Name of owner) By:.?:s::= (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). CITY OF CARLSBAD CITY OF CARLSBAD APPROVED AS TO FORM: CELIA A BREWER, City Attorney By.)Vlj)J_ ~ Date Assistant City Attorn ~1/' q (;°' /I~ I DON NEU CITY PLANNER 9-'13,/lfi DA Noise Form #2 Rev. 01/2013 . 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of C~a Colovo..do County of G I ?a...s. o ) On j', p\-twl hw: ~' 2,0 IX before me, . k CM'· 1 i CP.....-\v' c~~O AJ'llituJJ /Jufjt L Date -,:,J; Insert Name and T'frli dfiheOtficer personally appeared _____ M~OJ/·~~K ___ }j~I/_O..._r\_C,_\ ~~---------------- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ANGELICA TREJO NOTARY PUBUC IT'ATE OF COLORADO NOTARY ID 20184039308 W COMMISSION EXPIRES OCTOBER 19, 2020 Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ----------------OPTIONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent 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: ____________ _ I Corporate Officer -Title(s): ______ _ Corporate Officer -Title(s): ______ _ I Partner -, Limited l General Partner -· Limited General I Individual I Attorney in Fact Individual I Attorney in Fact ! Trustee r Guardian or Conservator Trustee I Guardian or Conservator I Other: ______________ _ Other: ______________ _ Signer Is Representing: _________ _ Signer Is Representing: _________ _ ,'Z,'<c'Z'<:..,Z,'CZ,'C(,"U<,-=,Z'<C,Z:X:"(,~'(~~4sg,-q:;,st.;':(;~'s.X:,S::'.'GCZY"'.-O'::Z,'<-,Z,"C<'.XXX:>:;,::zyzz;c:z;q::;g:,'QZ,~='CZ.~'v'CZ:C(,'V~ ©2016 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907