HomeMy WebLinkAboutCT 03-12; Pacific Starr-Essex Carlsbad LLC; 2004-0493901; Notice Concerning Proximity or Impacts..
DFFICIllt RECORDS 'SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 19.00 RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: ) 1
City Clerk )
CITY OF CARLSBAD 1
1200 Carlsbad Village Drive )
Carlsbad, California 92008-1989 )
Space above this line for Recorder's use
Parcel No. 209-081-21
Project Number and Name: CT 03-12PUD 03-08 -
Promontory Business Park - Lot 21
NOTICE CONCERNING AIRCRAFT
ENVIRONMENTAL IMPACTS
CASE NO: CT 03-12PUD 03-08
This Declaration and Notice Concerning Aircraft Environmental Impacts is made by
Pacific Star-Essex Carlsbad, LLC, a Limited Liability Company, 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 21 of City of Carlsbad Tract 74-21, in the City of Carlsbad, County of San
Diego, State of California, according to map thereof No. 10372, filed in the office
of the County Recorder of San Diego County, April 13, 1982
B. The property is located approximately 1/4 mile 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, 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
Map (CT 03-12), 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 .
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Noise Form #2 Rev. 03/27/95
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FORM: NOISE 2: 3 OF 3
Executed this dayof & cl" - ,200q .
*OWNER:
(Name of owner)
(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 aftach a resolution
certified by the secretary or assistant secretary under corporate seal empowering the ofher(s)
signing to bind the corporation.)
(If signed by an individual partner, the partnership must aftach a statement of partnership
authorizing the partner to execute this instrument).
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
Noise Form #2 Rev. 03/27/95
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PACIFIC STARR-ESSEX CARLSBAD LLC,
a California limited liability company
By: Pacific Starr-Carlsbad LLC,
a California limited liability company,
its Manager
By: Pacific Starr-Promontory LLC,
a California limited liability company,
its Manager
By: Pacific Starr Group LLC,
a California limited liability company,
Parcel No. 209-081-21
CT 03-12/PUD 03-08
" c
STATE OF CALIFORNIA
COUNTYOF- Lo3
On apr\ LL %.dooq before me, r/l - Kkd-LChv &ah&
Notary' Public, personally appeared SCYIC1c- F, T+&tu 9 [<
personally known to me - or [ ] proved to me on the basis of satisfactory evidence to be the
persono whose name($)@* subscribed to the within instrument and acknowledged to me that
@/tl$y executed the same in@$fthp authorized capacity(@, and that bw/th$$j
signature@ on the instrument the persono, or the entity upon behalf of which the persod
acted, executed the instrument.
WITNESS my hand and official seal.
Noise Form #2 Rev. 03/27/95