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Home My WebLink AboutCT 04-14; Pev Family Revocable Trust; 2016-0571782; Notice Concerning Proximity or ImpactsDOC# 2016-0571782 1111111111111111111111111111111111111111111111111111111111111111111111 Oct 24, 2016 11 :01 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., RECORDING REQUESTED BY AND) WHEN RECORDED MAIL TO: ) SAN DIEGO COUNTY RECORDER FEES: $27.00 PAGES: 5 ) City Clerk ) CITY OF CARLSBAD ) 1200 Carlsbad Village Drive ) Carlsbad, California 92008-1989 ) Space above this line for Recorder's use Assessor's Parcel Number 156-090-41-00 -----------------------Project Number and Name CT 04-14-TRAILS END ----------------------- NOTICE AND WAIVER CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS CASE NO: CT 04-14 This Declaration and Notice Concerning Aircraft Environmental Impacts is made by PEV Family Revocable Trust dated 12/12/2012, 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: Noise Form #2 THAT PORTION OF LOT 7 OF SECTION 32, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 7; THENCE ALONG THE WEST LINE OF SAID LOT 7, SOUTH 1°32'19" WEST 360.00 FEET; THENCE ALONG THE STRAIGHT LINE DRAWN THROUGH THE NORTHWEST CORNER OF LOT 6 OF FALCON HILL UNIT NO. 3, ACCORDING TO MAP THEREOF NO. 5520J. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SOUTH 88°43'21" EAST 264.90 FEET; THENCE NORTH 36°59'11" EAST 208.57 FEET TO THE BEGINNING OF A TANGENT 892.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTE.RL Y ALONG SAID CURVE 266.77 FEET THROUGH AN ,A.NGLE OF 17°08'07" TO THE NORTH LINE OF SAID LOT 7; THENCE NORTH 88°41'14" WEST 570.54 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THOSE PORTIONS DESCRIBED AS FOLLOWS: EXCEPTION PARCEL .A: Rev. 01/2013 Assessor's Parcel Number: 156-090-41-00 Project Number and Name: CT 04-14-TRAILS END ALL OF THAT PORTION OF LOT 7, OF SECTION 32, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 7, BEING ALSO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 32; THENCE SOUTH 89°11 '20" EAST, ALONG THE NORTH LINE OF SAID LOT 7, A DISTANCE OF 353.62 FEET TO THE TRUE POINT OF BEGINNING OF THAT PORTION TO BE DESCRiBED. THENCE FROM SAID TRUE POINT OF BEGINNING SOUTH 24°15'57" EAST, A DISTANCE OF 156.94 FEET TO THE SOUTHEASTERLY BOUNDARY OF GRANTOR'S PROPERTY BEING A POINT ON AN 892.00 FOOT RADIUS CIRCULAR CURVE, CONCAVE SOUTHEASTERLY (FROM SAID POINT THE CENTER OF SAID CURVE BEARS SOUTH 49°33'44" EAST); THENCE NORTHEASTERLY ALONG SAID CURVE, AND SAID GRANTOR'S BOUNDARY, AN ARC DISTANCE OF 206.00 FEET, THROUGH AN ANGLE OF 13°13'54", TO THE NORTH LINE OF SAID LOT 7; THENCE NORTH 89°11 '20" WEST, ALONG THE NORTH LINE OF SAID LOT 7, A DISTANCE OF 214.98 FEET TO THE TRUE POINT OF BEGINNING OF THE PORTION DESCRIBED. EXCEPTION PARCEL B: ALL OF THAT PORTION OF LOT 7, OF SECTION 32, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED, DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 7, BEING ALSO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 32; THENCE SOUTH 89°11 '20" EAST ALONG THE NORTH LINE OF SAID LOT 7 A DISTANCE OF 303.94 FEET TO THE TRUE PONT OF BEGINNING; THENCE FROM SAID TRUE POINT OF BEGINNING SOUTH 24°15'57" EAST A DISTANCE OF 200.85 FEET TO THE SOUTHEASTERLY BOUNDARY OF GRANTOR'S PROPERTY, BEING A POINT ON THE ARC OF AN 892 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, (FROM SAID POINT THE CENTER OF SAID CURVE BEARS SOUTH 52°48'16" EAST); THENCE NORTHEASTERLY ALONG SAID 892 FOOT RADIUS CURVE, THROUGH AN ANGLE OF 3°14'32" FOR AN ARC DISTANCE OF 50.48 FEET; THENCE NORTH 24°15'57" WEST A DISTANCE OF 156.94 FEET; THENCE NORTH 89°11'20" WEST A DISTANCE OF 49.68 FEET TO THE TRUE POINT OF BEGINNING. B. The property is located approximately 3.94 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 Noise Form #2 Rev. 01/2013 Assessor's Parcel Number: 156-090-41-00 Project Number and Name: CT 04-14-TRAILS END 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 environmentai 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 04-14), 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 shaii be binding upon ail parties having or acquiring any right, title or interest in the prop~rty. 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 Executed this _ __J\Ir..J:\ __ day of Oc....\o\x.r *OWNER: f£'1 'fam,\u R~vocoble.. \rue;-\ oe v,.\-\-·, qJA. (print name here) \rv*-e. (title and organization of signatory) By: (sign here) (print name here) (title and organization of signatory) Assessor's Parcel Number: 156-090-41-00 ProJect Number and Name: CT 04-14-TRAILS END ,20~. (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 sea/ 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 instrurnent). CITY OF CARLSBAD APPROVED AS TO FORM: CELIA A. BREWER, City Attorney By:~~ Assistant City Attorn y Date {0 /t.., ~~A, Noise Form #2 Rev. 01/2013 ACKNOWLEDGMENT 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 California 'II._ County of San ..vl~ o on Ov\-o~r t1+11,2ot(l before me, G-tAbnu" lu~ Nbl.r~ tltblt~C. .. • • (insert name and title of the officer) personallyappeared~~-'-~-0~-~-~-~-'~~~~~~~~~~~~~~~~~~~ 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ~ ~~ -(Seal)