HomeMy WebLinkAboutCUP 11-05; Marsaglia Properties LLC; 2012-0379995; Notice Concerning Proximity or Impacts2-0379995
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, California 92008-1989
DOCtt 20
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JUN 29, 2012 8:33 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernesl J. Dronenburg, Jr., COUNTY RECORDER
FEES^ 0.00
13233 PAGES:
II
space above this line for Recorder's use
Parcel Nos. 213-263-24. -25. &-26
Project Number and Name: CUP 11-05/PIP 11-01 - Production Facilitv at Bressi Ranch
NOTICE CONCERNING AIRCRAFT
ENVIRONMENTAL IMPACTS
CASE NO: CUP 11/05/PIP 11-01
This Declaration and Notice Conceming Aircraft Environmental Impacts is made by
Marsaglia Properties. LLC. a(n) California Limited Liabilitv Company, herein after refen^ed to
as the "Owner", as developer of certain real property situated in the City of Carlsbad, County of
San Diego, State of California.
A.
B.
RECITALS
The Owner is the developer and holder of the title to certain real property in the
City of Carlsbad, County of San Diego, Califomia, more fully described as:
The property is located approximately one (1) 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.
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.
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
C.
D.
Noise Form #2 Rev. 11/26/2008
13234
213-263-24. -25. & -26
CUP 11-05/PIP 11-01 - Production Fadllty at Bressi Ranch
FORM: NOISE 2: 2 OF 3
Parcel Map (CT 05-09), approved by the City of Carlsbad, which approval
includes the requirement of the City of Carisbad, that the development of the
property Is consistent with the Land Use Element and Noise Element of the
General Plan of the City of Carisbad.
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.
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.
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.
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. 11/26/2008
13235
213-263-24. -25, & -26
CUP 11-05/PIP 11-01 - Producfion Facility at Bressi Ranch
FORM: NOISE 2: 3 OF 3
Executed this 2. day of Apri l ^ 20_JJ2^.
*OWNER:
HarsaQita Properties^ LLC a Cal.fornia t\ii^&ed Lvabi^i"^ Compaovjf.
(Name of owner)
(sign here)
(print name here)
(title and organization of signatory)
By:
(sign here)
(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. Othenfl/ise, 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^ALL, City Attomey
ByL
Date
As^tant City Attorney
Noise Form #2 Rev. 11 /26/2008
13236
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On April 2,ZQ\a before me, blo€m\ PocdtiU
Notary Public, personally appeared (^ntna Kiarsagiia
who proved to me on the basis of satisfactory evidence to be the personpaf) whose namej^
is/are subscribed to the within instrument and acknowledged to me that«he/she/thoy exoouted
the same in -his/herAheir authorized capacity(4ee), and that by-his/her/theif signaturej;^ on the
instrument the personper). 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. o^^^^ coTSJr'#f90428i i
in
(SJ
Notary Public • Calirorn'ia |
^ \3ittM<JS7». ^ '^'^Qo County 2
Signature of Notary)
Noise Form #2 Rev. 12/17/2007