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HomeMy WebLinkAboutCT 05-18; Seascape Development LLC; 2016-0186634; Notice Concerning Proximity or ImpactsDOC# 2016-0186634 1111111111111111111111111111111111111111111111111111111111111111111111 Apr 21, 2016 02:32 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $27.00 RECORDING REQUESTED BY AND) WHEN RECORDED MAIL TO: ) 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 215-040-09, 215-040-11 --------------~---------Project Number and Name CT 05-18-SEASCAPE ------------------------- NOTICE AND WAIVER CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS CASE NO: CT 05-18 This Declaration and Notice Concerning Aircraft Environmental Impacts is made by Seascape Developments LLC, a(n) 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: Noise Form #2 Parcei1B: The Southwest Quarter of the Southwest Quarter of the Northwest Quarter of the Northeast Quarter of Section 27, Township 12 South, Range 4 West, San Bernadino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the official plat thereof; and Parcei2B: The Southeast Quarter of the Southwest Quarter of the Northwest Quarter of the Northeast Quarter of Section 27, Township 12 South, Range 4 West, San Bernadino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the official plat thereof; and Parcei3B: An easement for road and public utility purposes over, under, upon and across the westerly 30 feet of the south half of the Northwest Rev. 01/2013 Assessor's Parcel Number: 215-040-09,215-040-11 Project Number and Name: CT 05-18 -SEASCAPE Quarter of the Northwest Quarter of the Northeast Quarter of Section 27, Township 12 South, Range 4 West, San Bernadino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the official plat thereof; and Parcei4B: An easement for road and public utility purposes over, under, along and across the westerly 30 feet of the Northwest Quarter of the Southwest Quarter of the Northwest Quarter of Section 27, Township 12 South, Range 4 West, San Bernadino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the official plat thereof. B. The property is located approximateiy 1.15 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. 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 05-18), 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 Noise Form #2 Rev. 01/2013 Assessor's Parcel Number: 215-040-09,215-040-11 Project Number and Name: CT 05-18-SEASCAPE 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: 215-040-09,215-040-11 Project Number and Name: CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/ HOP 06-02/HMP 07-09-SEASCAPE OWNER: APPROVED AS TO FORM: ScA.SCA<?. £ })£v £WfM£tvt>, t--iC cr~~ OF CAR.LSBAD Owner's Na~-\LJ. -~ ~~~~~~~~"=~'~~ ~~-~~------------------DON NEU, ' Signature City Planner ~A:JEtV BH~1lrt, t1~Nilf.t£~ MtttJe~ .. J ·-,J/-/6 Print name and title Signature Print name and title Date Date CELIA A. BREWER, City Attorney 1/ By: rf/(2~::.£~ 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). 3 Rev. 01/2013 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 California ) ) County of 2-Ac"~ V~Q(f' On cb) &.:-1)10 Date before me, \!"\.rX\\."~. \,'-')(~\-~\l\ , Y"'l~·o'-~v\ pvJ~A\C Hefe Insert Name 1and Title of\he Officer pernon~~appeared~~~~~~.~~-~·~~~~~~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) i~fe subscribed to the within instrument and acknowledged to me that he/si(e/tpey executed the same in his/l)ir/th¢ authorized capacity(ies), and that by his/p{er/~eir signature(s) on tne 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 ~<!: ~ \1,._~ Sig/iliture of tary Public Place Notary Sea/ Above -----------------------------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:~~~~~~~~~~~- 0 Corporate Officer -Title(s): ______ _ 0 Partner - 0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other:-~~~~~~~~~~~~~- Signer Is Representing: -~~~~~~~~- Signer's Name:-~~~~~~~~~~~- 0 Corporate Officer -Title(s): 0 Partner - 0 Limited 0 General 0 Individual D Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: -~~~~~~~~~~~~~- Signer Is Representing: -~~~~~~~- ©2014 National Notary Association· www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907