HomeMy WebLinkAboutSDP 03-07; Shea Homes; 2004-0068108; Notice Concerning Proximity or ImpactsJAN 289 2004 4:23 PPI
OFFICIhL RECORDS SON DIEGO COUNTY FIECXROER'S OFFICE tiKEGORY Js SMITH3 COUNTY RECORDER FEES: 1ci.00
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: 1
)
City Clerk )
CITY OF CARLSBAD )
1200 Carlsbad Village Drive 1
Carlsbad, California 92008-1 989 )
Space above this line for Recorder's use
Parcel No. 223-610-01 thru 35
223-61 1-01 thm 04
223-612-01 thm 30
223-613-01 thru 03,
NOTICE CONCERNING AIRCRAFT
ENVIRONMENTAL IMPACTS
CASE NO: SDP 03-07
This Declaration and Notice Concerning Aircraft Environmental Impacts is made by Shea
Homes, 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 1 through 71 inclusive of City of Carlsbad CT 99-04-01
Villages of La Costa - La Costa Oaks South, in the Coty 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, April 29,2002.
B. The property is located approximately 4 miles from the McClellan-Palomar
Airport, City of Carlsbad, San Diego County (the "Airport1'), 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 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. 03/27/95
..
FORM: NOISE 2: 3 OF 3
*OWNER: Shea Homes Limited Parntership,
a California limited partnership
By: J.F. Shea LLC,
a D-td L iability company, ..
(Name Of Owner) its General Partner
s (sign here) ""
'iaU@c*kW
(print name here)
jkj. La
(title and organization of signatory)
By:
(print name here)
53 J * &J-
(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 oficer(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
eputy City Attorney
Noise Form #2 Rev. 03/27/95
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
on December 3, 2003 before me, SarahA. Cordon
Notary Public, personally appeared Paul L.L. Barnes and John B. vance , [ fl
to be the personally known to me -
person(s) whose name(s) idme subscribed to the within instrument and acknowledged to me that
hekhekhey executed the same in h;clhPr/their authorized capacity(ies), and that by Wtheir
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
(Signature of Notary)
Noise Form #2 Rev. 03/27/95