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HomeMy WebLinkAboutSDP 14-01; Ninos I LP; 2014-0346821; Notice Concerning Proximity or ImpactsJ RECORDING REQUESTED BY AND) WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 DOCtt 2014-034G821 lllllllllllllllllllllllllllllllll llllllllllllllllllllllllll AUG 13,2014 11:30 AM OFFICIAL RECORDS SAN DIEGG COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 39.00 WAYS: 2 PAGES: Space above this line for Recorder's use Assessor's Parcel Number Project Number and Name 221-881-11 SDP 14-01 - Burke Carlsbad Business Center NOTICE AND WAIVER CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS CASE NO: SDP 14-01 This Declaration and Notice Concerning Aircraft Environmental Impacts is made bv Ninos I Burke Lane. LLC, a limited liabilitv companv. 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: LOT 17 OF CARLSBAD RACEWAY CARLSBAD TRACT NO. 98-10, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO FINAL SUBDIVISION MAP NO. 15013, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA, ON MAY 3, 2005 B. The property is located approximately 1^2 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. 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 Noise Form #2 Rev. 01/2013 Assessor's Parcel Number: 221-881-11 Project Number and Name: SDP 14-01 - Burke Carlsbad Business Center 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 Map (CT 98-10), approved tjy the City of Carlsbad, which approval includes the requirement of the City of Cartsbad, that the development of the property is consistent with the Land Use Element and Noise Element of the General Plan of the City of Cartsbad. 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: 221-881-11 Project Number and Name: SDP 14-01 - Burke Carlsbad Business Center Executed this o? day of IXv)l\Jt^ , 20 \^ . 'OWNER: (Name of owner) (sign here) (print name here) (tme 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). CITY OF CARLSBAD APPROVED AS TO FORM: CELIA A. BREWER, City Attorney Date Noise Form #2 Rev. 01/2013 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California of omncjC. County' } before me, / '' oatb /9 ' Here Insert Name and Tite of the Officer personally appeared. Name(s) of Signer(s) J.ZMTALA CoMMHion # 1ttQM4 Mnfirt ruMr Trtitonli Omm Comity » 1 who proved to me on the basis of satisfactory evidence to be the person(^ whose name(^) is/ate subscribed to the within instrument and acknowledged to me that he/shVthW executed the same in his/h^r/th^ir authorized capacity(ies), and that by his/h^r/th\Bir signature(^ on the instrument the person(i), or the entity upon behalf of which the person(k) 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. Place Notary Seal Above WITNESS mv hand and official seal. Signature OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Number of Pages: Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Umited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., RO.Box 2402 • Chatsworth, CA 91313-2402 •www.NationalNotary.org Item #5907 Reorder: Call Toil-Free 1-800-876-6827