HomeMy WebLinkAboutCT 04-07; SW Balfour LLC; 2004-1201217; Notice Concerning Proximity or ImpactsDOC # 2004-1 201 21 7
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DEC 21,2004 457 PM
OFFICIAL RECORDS SAN DIEGO COIJNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER
FEES: 17.00 ~~
PAGES: 4
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City Clerk 1
C'ITY OF CARLSBAD 1
1200 Carlsbad Village Drive 1
C'arlsbad, California 92008-1 989 1 Space above this line for Recorder's use
Parcel No. 2 12-070-1 3
Project Number and Name: CT 04-07PUD 04-07 - BALFOUR COURT OFFICE CONDOMINIUMS
NOTICE CONCERNING AIRCRAFT
ENVIRONMENTAL IMPACTS
CASE NO: CT 04-07/PUD 04-07
This Declaration and Notice Concerning Aircraft Environmental Impacts is made by SW
Balfour LLC, a 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 31 of Carlsbad Tract No. 81-10, Unit No. 2-A, in the City of
Carlsbad, County of San Diego, State of California, According
to Map Thereof No. 11134, Filed in the Office of the County
Recorder of San Diego County, January 31,1985
B. The property is located adjacent to McCleJlan-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 ft2 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 fwllest 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 CT 04-07PUD 04-07, 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
FORM: NOISE 2: 3 OF 3
*OWNER:
(Name of owner)
(sign here,)
(print name here)
dqZ~+‘+?? @A*
(title and organization of signatory)
(sign-kre)
(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
Noise Form #2 Rev. 03/27/95
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On g. $DOJ before me,
personally known to me - or [droved to me on the basis of satisfactory evidence to be the
personm whose name--ubscribed to the within instrument and acknowledged to me that
@skeit*cy executed the same i-r authorized capacity- and that by6&lm%hr
signaturem on the instrument the personb), or the entity upon behalf of which the personb)
acted, executed the instrument.
cbrnlllc C hit#
Nokap*MC
Notary Public, personally appeared Jh c bA &-L=?4)JdcJ A 1
(Signature of Notary)
Noise Form #2 Rev. 03/27/95