HomeMy WebLinkAboutPUD 01-08B; Hovnanian, K.; 2004-0256505; Notice Concerning Proximity or ImpactsOFF ICML RECORDS SCIN DI%D COUNTY RECORDER'S OFFICE
FEES: 14.00 GEGORY J. SMITH? COUNTY REERXR
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: )
)
City Clerk )
CITY OF CARLSBAD 1
1200 Carlsbad Village Drive 1
Carlsbad, California 92008-1 989 )
Space above this line for Recorder's use
Parcel No. 223-610-36 thru 48
223-61 1-05 thru 27
223-613-03 thru 16
223-614-01 thru 40
NOTICE CONCERNING AIRCRAFT
ENVIRONMENTAL, IMPACTS
CASE NO: PUD Ol-OS(B)
This Declaration and Notice Concerning Aircraft Environmental Impacts is made by K.
Hovnanian, a corporation, hereinafter 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:
Lots 72 through 161 of City of Carlsbad Tract CT 99-04, Villages
of La Costa - La Costa Oaks South, in the City of Carlsbad,
County of San Diego, State of California, according to map thereof
No. 14379, filed in the office of the County Recorder of San Diego
County, on April 29,2002
B. The property is located approximately 4 miles 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.
Noise Form #2 Rev. 03/27/95
FORM: NOISE 2: 2 OF 3
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 99-04, 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 fidlest extent possible present and
future potential impacts of noise generated by all manner of aircrafi including
public and private aircraft which will generate noise and other environmental
impacts.
...
...
Noise Form #2 Rev. 03/27/95
FORM: NOISE 2: 3 OF 3
Executed this 16 day of #3=W *me9 ,20 07.
*OWNER:
k* fivwwiw AT LA Cog4 oAk(
(Name of owner)
(sign here) 1
Avz€R vleE-srP$4JI
(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 secretaty, 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 off7cer(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
De$6ty City Attorney *
Noise Form #2 Rev. 03/27/95
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On &&,#AL~ /b, 2oof before me, &LQA/ZA m. TF/D/?-),. Gd
Notary Public, 'personally appeared k&w = / drnm/A/K.< - 9 [ dl
personally known to me - or [ 3 to be the
personCdj whose name@ is/= subscribed to the within instrument and acknowledged to me that
he/- executed the same in hismr authorized capacity(@, and that by his-r
SignatureM on the instrument the personw, or the entity upon behalf of which the person@
acted, executed the instrument.
WITNESS my hand and official seal.
Noise Form #2 Rev. 03/27/95