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Home My WebLink AboutCT 14-10; Lennar Homes of California Inc; 2018-0239807; Notice Concerning Proximity or ImpactsRECORDING REQUESTED BY AND) WHEN RECORDED MAIL TO: ) City Clerk DOC# 2018-0239807 1111111111111111111111111111111111111111111111111111111111111111111111 Jun 13, 2018 03:58 PM OFFICIAL RECORDS Ernest J. Dronen burg, Jr , SAN DIEGO COUNTY RECORDER FEES $0.00 (SB2 Atkins $0.00) PAGES 4 CITY OF CARLSBAD ) ) ) ) ) 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 Assessor's Parcel Number Project Number and Name Space above this line for Recorder's use 215-020-07, 215-050-21, 215-050-22, 215-050-44, and 215-050-4 7 CT 14-10/PUD 14-12/ SOP 14-15/CDP 14- 34/HDP 14-07/HMP 14-04 (DEV14060) - POINSETTIA 61 NOTICE AND WAIVER CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS CASE NO: CT 14-10 This Declaration and Notice Concerning Aircraft Environmental Impacts is made by Lennar Homes of California, Inc., 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: A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 23 AND A PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, BOTH OF TOWNSHIP ~ 2 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITES STATES GOVERNMENT SURVEY THEREOF. B. The property is located approximately 0.9 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. NoiseForm#2 Rev.01/2013 /99 Assessor's Parcel Number: 215-020-07, 215-050-21, 215-050-22, 215-050-44, and 215-050-47 Project Number and Name: CT 14-10/PUD 14-12/SDP 14-15/CDP 14-34/HDP 14-07/HMP 14-04 (DEV14060)-POINSETTIA 61 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 14-10), 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. Noise Form #2 Rev. 01/2013 Assessor's Parcel Number: 215-020-07, 215-050-21, 215-050-22, 215-050-44, and 215-050-47 Project Number and Name: CT 14-10/PUD 14-12/SDP 14-15/CDP 14-34/HDP 14-07/HMP 14-04 (DEV14060) -POINSETTIA 61 Executed this_?)! __ ~ __ day of /~IL-- *OWNER: Len O<X\t ~ON...e~ c,C C~\,Qo\\f\, ~, l \X-. me of owner) (title and organization of signatory) By /)f'j,d/~ (sign'here) ~ Gclr-e~ l':tc G:, £.£-(printnahere) , 20-1.L. (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). CITY OF CARLSBAD APPROVED AS TO FORM: CELIA A. BREWER, City Attorney By:DlL ~ Assistant City Attorney Date S/cts(rc.( 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, accuracv, or validitv of that document. State of California County of ORANGE On .fh?~v 80 1 1,{fl tJ before me, ALBERTA L. SEAGER, NOTARY PUBLIC (insert name and title of the officer) personally appeared __ J-=------~--'-----+: __,~_~_,___....;_rJ_f/;6, __ 4-n __ ,P_~_.=,__-'-----L.=--__._____,,__...,......,;:-- who proved to me on the basis of satisfactory evidence to be the ~:~~h.)se name(s) i are subscr~o the within instrument and acknowledged to me that he xecuted the same in ~uthorized capacity(ies), and that by h~ignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY 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)