HomeMy WebLinkAboutCT 06-27; Muroya, Akira and Toshiko Family Trust; 2012-0379996; Notice Concerning Proximity or Impacts2-0379996
IIIIIII
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carisbad Village Drive
Carisbad, Califomia 92008-1989
DOCtt 20
llllilll lllllllll
JUN 29, 2012 8:33 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernesl J. Dronenburg, Jr., COUNTY RECORDER
FEES: 0.00
13237 PAGES: 5
Space above this line for Recorder's use
Parcel No. 215-040-03-00
Project Number and Name: CT 06-27 - Muroya Subdivision
NOTICE CONCERNING AIRCRAFT
ENVIRONMENTAL IMPACTS
CASE NO: CT 06-27
This Declaration and Notice Conceming Aircraft Environmental Impacts is made by
Akira Muroya and Toshiko Muroya, Co-Trustees of the Muroya Familv Trust dated May 18,
1998, hereinafter referred to as the "Owner", as developer of certain real property situated in the
City of Carlsbad, County of San Diego, State of Califomia.
RECITALS
A. The Owner is the holder of the title to certain real property in the City of
Carlsbad, County of San Diego, Califomia, more fully described as:
THE EAST ONE-HALF OF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 12 SOUTH, RANGE
4 WEST, SAN BERNARDESfO BASE MERIDIAN, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO UNITED STATES GOVERNMENT SURVEY.
B. The property is located approximately 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 pattems of the aircraft, nor the frequency of the flights.
D. It is the desire of Ovmer 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.
Noise Form #2
WEST\224115935.2
Rev. 11/26/2008
13238
APN: 215-040-03-00
CT 06-27 - Muroya Subdivision
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 authorized and approved the subdividing of the property in accordance
with Subdivision Tract Parcel Map (CT 06-27), 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 Ovmer 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 mn 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 fiillest 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. 11/26/2008
WEST\224115935.2
Executed this
*OWNER:
/f davof S^/>
Akira Muroya, Tmstee of the Muroya Family
Trust
(print name here''
Toshiko Muroya, Trustee of t^
Muroya Family Tmst
(print name here) '
13239
APN: 215-040-03-00
CT 06-27 - Muroya Subdivision
(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
By:
Assist
Date
Noise Form #2
WEST\224115935.2
Rev. 11/26/2008
13240
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On before me,
personally Appeared iMHlffl M\)!Kr)^
Notary Public,
who proved to me
on the basis of satisfactory evidence to be the person(^) whose name(^ is/ai^ subscribed to the
within instrument and acknowledged to me that j^/she/tl^y executed the same in h^/her/th^i
authorized capacity(ij/s), and that by lj/is/her/th|i^ir signature(^) on the instrument the person^),
or the entity upon behalf of which the person(^ 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.
CQMM.»193f331 T>iRyPUBUC«CALFORMAI
SANOEGOCOUIfTY '(SoHMMbn Apr 2.2015
Rev. 12/17/2007
13241
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On Olllflfl before me, f\jW^ tMNl^- Notary Public.
personally appeared ^lV|J , who proved to me
on the basis of satisfactory evidence to be the person(^) whose name(^ is/a^ subscribed to the
within instrument and acknowledged to me that he/st/e/tl/fey executed the same in his/h^r/thf^ir
authorized capacity(i^), and that by his/h^r/tl]^ir signature(^ on the instrument the person(0,
or the entity upon behalf of which the person(^ 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. rXyMmcmSmT^
^SLUt4i^ COMM. #1931331 J
NOTARY PUBUC • CALIFORNIAS i \Saifi£i5^ SAN DIEGO COUNTY ? S >^SPiS^Cofnrnissiof)B(pires Apr2, 2015 t
Rev. 12/17/2007