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HomeMy WebLinkAboutPUD 06-17; Alexander, Cyriac; 2012-0404965; Notice Concerning Proximity or ImpactsDOCtt 2012-04049G5 iliillllll liiiiinii II RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) ) City Clerk ) CITY OF CARLSBAD ) 1200 Carlsbad Village Drive ) Carlsbad, Califomia 92008-1989 ) JUL 12, 2012 10:57 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernesl J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 PAGES: Space above this line for Recorder's use Parcel No. 215-310-29 Project Number and Name: PUD 06-17 - Alexander Condo Conversion NOTICE CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS CASE NO: PUD 06-17 This Declaration and Notice Conceming Aircraft Environmental Impacts is made by (name of legal ov^ner) Cyriac Alexander , a(n) (individual, corporation, etc.) individual , herein aft;er 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 Ovmer 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: Lot 367 of La Costa Meadow Unit No. 2, in the City of Carlsbad, County of San Diego, State of Califomia, according to the map thereof no. 6905, filed in the office of the County Recorder of San Diego County, April 21, 1971. B. The property is located approximately 2.25 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. Noise Form #2 Rev. 02/02/99 Assessor's Parcel Number: 215-310-29 Project Number and Name: PUD 06-17 - Alexander Condo Conversion 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 ovmer of the property, does, for itself, and its successors and assigns, give the following notice: 1. Ovmer has and shall develop the property in accordance with Subdivision Tract Parcel Map (MS 05-25), 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 fullest extent possible present and future potential impacts of noise generated by all maimer of aircraft including public and private aircraft which will generate noise and other environmental impacts. Noise Form #2 Rev. 02/02/1999 Assessor's Parcel Number: 215-310-29 Project Number and Name: PUD 06-17 - Alexander Condo Conversion FORM: NOISE 2: 3 OF 3 Executed this day ^C^^UA-^^J^^ 20 O 7, *OWNER: (Name of ovmer) . By (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. 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: sistant City Attorney Noise Form #2 Rev. 02/02/1999 STATE OF CALIFORNIA COUNTY OF SAN DIEGO before me, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s)-whose name^s)^ is/»e-subscribed to the within instrument and acknowledged to me that jie/she/thcy executed the same in his/hcr/thoif authorized capacity(ies)5 and that by his/hor/thoir 'signaturef»hon the instrument the person(s)ror 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 Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Signature of Not^) / mmmrimm0miemtaiitmt«mm' OFFICIAL SEAL MARTIN J. GRENETSKOJ NOTARY PUBLIC-CAUFORNIA ^ COMM. NO. 1612883 2 SAN DIEGO COUNTY • MY COMM. EXP. OCT. 16,20091 Noise Form #2 Rev. 12/17/2007