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HomeMy WebLinkAboutSDP 16-05; Carlsbad Oaks East Ventures LP; 2016-0370471; Notice Concerning Proximity or ImpactsDOC# 2016-0370471 I IIIII I IIIII 11111111111111111111111111111111111111111111111111 IIIII III Jul25, 2016 09:00AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES $39 00 PCOR N/A RECORDING REQUESTED BY AND) WHEN RECORDED MAIL TO: ) PAGES 4 City Clerk CITY OF CARLSBAD ) ) ) ) ) 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 Space above this line for Recorder's use Assessor's Parcel Number 209-083-15-00 -----=s-::::o-=P~1-6--0..,....5-----'=c:-'-a-=rl....:.sb....:.a...:..d_O~ak:....:s;__ Project Number and Name East Lot 24 NOTICE AND WAIVER CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS CASE NO: SOP 16-05 This Declaration and Notice Concerning Aircraft Environmental Impacts is made by Carlsbad Oaks East Ventures LP, a(n) Limited Parnership, 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: Parcel 2 of Parcel Map No. 15692, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, June 5, 1989 as File No. 89-295421 of official records. B. The property is located approximately 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. 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 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. Noise Form #2 Rev. 01/2013 Assessor's Parcel Number: 209-083-15-00 Project Number and Name: SDP 16-05-Carlsbad Oaks East Lot 24 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 Minor Site Development Plan SOP 16-05 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 of 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. 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. 4. 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 impact. Purchaser acknowledges and accepts these existing and future impacts and waives any and all causes of action against the City of Carlsbad, and covenants not to sue the City of Carlsbad, its agents, servants or employees as to any damages or injuries resulting from said impacts. Noise Form #2 Rev. 0112013 Assessor's Parcel Number: 209-083-15-00 Project Number and Name: SOP 16-05-Carlsbad Oaks East Lot 24 Executed this __,l::,s~t'----day of ---=-J u""'l""-J----------' 2016. *OWNER: CARLSBAD OAKS EAST VENTURES LP By: TTOne, Inc. (Name of owner) By: '---<--e~ (sign here) Theodore Tchang, President (print name here) President (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). CITY OF CARLSBAD APPROVED AS TO FORM: CELIA A. BRE ER, 1 Attorney Assistant City Attorney )/ 1'71& Date Noise Form #2 Rev. 01/2013 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 • A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of SfnJ ~ 60 On 3"'-"". \ , 1.-0\ (o before me, No.J\t.k-1 C -l~ 1 j\/'D~. fub\c.c.- Date -.--Here Insert Name and Title of the Officer personally appeared ~~o1e.c \ ~ ~ame(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. NANCY C. LANE I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. • commission# 21~796~ z < Notary Public • Cahforma ~ ~ san Diego County I J. • • • • !l t,oTrz· fxgir:s ;ut 2}}~1; WITNESS my hand and official seal. Signature_vf\._-----'==-----~-/">-_,""""* r-=--~-------~~- Place Notary Seal Above ---------------OPTIONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: _______ _ Number of Pages: Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ____________ _ 0 Corporate Officer -Title(s): ______ _ 0 Corporate Officer -Title(s): ______ _ 0 Partner - 0 Limited 0 General 0 Partner-0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator 0 Other: _____________ _ 0 Other: ________________ _ Signer Is Representing: _________ _ Signer Is Representing: ______________ _ • ©2014 National Notary Association o www.NationaiNotary.org o 1-800-US NOTARY (1-800-876-6827) Item #5907