HomeMy WebLinkAboutSDP 97-24; Winter, Barbara & Ray; 1998-0786588; Notice Concerning Proximity or ImpactsDOC 1998-0786588
1200 Carlsbad Village Drive 1
Carlsbad, California 92008-1989 , ) ., .' ,.
Space above this line for Recorder's use
PardNo. 211+Q50-01
NOTICE CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS
CASE NO: SDP 97-24lCDP 97-45
This Declaration and Notice Concerning Aircraft Environm&d Impacts is made by
(name of legal owner) Barbara Ecke Winter and Rav Winter. as successor co-trustee€
of the Ray and Barbara Winter Trust dated May 15.1981
a(n) (individual, corporation, etc.) 2, 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.
RECITU
A. The Owner is the developer and holder of the title &c'&& property in the
City of Carlsbad, County of San Diego, California, more filly described as:
A portion of Lot "H' of Rancho Agua Hedionda, in the City of Carlsbad, in the
County of San Diego, State of California, according to Map thereof No. 823, filed
in the Office of the County Recorder of San Diego County, November 16, 1896 as
more particularly described on Exhibit "A" attached hereto.
B. The property is located approximately 1.7 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 oatterns ofthe aircraft. nor the frequency of the flights.
...
Noise Form #2 Rev. 03/27/95
4 3303
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,'fn light of the above Ibikls, as developer and owner of
the property, does, for itself, and its successors and assigns, give the following notice:
1.
2.
3.
4.
5,
Owner has and shall develop the property in accordance .witfr Site Development
Plan and Coastal Development Permit(SDP 97-24/CDP 97-45), 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.
That Owner has no responsibility or control over the operation ofthe 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.
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.
The property shall be held, conveyed, hypothhted, encumbed, leased, rented,
used, occupied and improved-subject to this Declaration and Notice. This Notice
shall run with the property and shall be binding npon all parties having or
acquiring any right, title or interest in the property.
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.
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Noise Form #2 Rev. 03l21195
FORM: NOISE 2: 3 OF 3
*PROPERTY OWNERS:
Barbara Ecke Winter and Ray Winter, as
successor co-trustees of the Ray and Barbara
Winter Trust dated May 15, 1981
(Name of owner)
Barbara Ecke Winter - Trustee
@rint name here)
Owner: Ray and Barbara Winter Trust dated
(title and organization of signatory)
5-15-81
Ray Winter - Testee
(print name here)
Owner: Ray and Barbara Winter Trust dated
(title and organization of signatory)
5-15-81
(Proper notarial acknowledgment of execution by Contractor rnusf be attached.)
(President or vice president AND secretary or assistant secretary must sign for corporations. If
only one officer signs, the corporation must attach a resolution certified by the secretary or
assistant secretary under corporate seal empowering that officer 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: .. ,w..$
Assistant City Attorn
Noise Form #2 Rev. 03/27/95
STATE OF CALIFORNIA
COUNTY OF ORANGE
On nOvwm 17, 1998 before me, HERLINDA GALLEGO, WARY
Notary Public, personally appeared RAY W. WINTER & BARBARA E. WINTER , [ ] personally
known to me - or [x] proved to me on the basis of satisfactory evidence to be the person@) whose
name(s) Mare subscribed to the within instrument and acknowledged to me that &fMthey
executed the same in Ms%.&/their authorized capacity(ies), and that by k%hb!dtheir signature@)
on the instrument the person(s), or the entity upon behalf of which the personts) acted, executed
the instrument.
WITNESS my hand and official seal.
Noise Form #2 Rev. 03l2Il9S
c '- I./- .. - wit "*" Srder NO.: 7353405 U15
-
, *.* .. DESCRIPTION 1152
mT PORTION OF LOT "H" OF RANCHO AGUA HEDIONDA, IN THE CIN OF CARLSBAD, IN
THE COUNTY OF SAN DIEGO, State Of California, ACCORDING TO MAP THEREOF NO. 823,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COW, NOWER 16,
1896, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERLY LINE OF PALOMAR AIRPORT ROAD AT THE
INTERSECTION OF THE WESTERLY LINE OF LAND DESCRIBED IN PARCEL 3 OF DEED TO ME
STATE OF CUIFORNIA, RECORDED JUNE 18, 1965 AS FILE NO. 108756 OF OFFICIAL
RECORDS ; THENCE ALONG THE SAID, SOCTPWRLY LINX OF PALOMU AIRPORT ROAD As
mNT NO. 251738 IN BOOK 8030, PAGE 216 OF OFFICSAL RECORDS, NORTH 070 48,
DESCRIBED IN DEED TO THE CITY OF CAULS-, RECORDED DECZMBER 7, 1959 AS
BEGINNING; THENCE COWX'INUING ALOm SAID S-RLY LINO, lsoRTH 87. 48' 39" WEST,
39" WEST (ROCOR0 NORTH 87' 50' 23" WEST) 190.00 FEET TU THE TRUX POINT OF
90.02 FEET TU AN ANGLE wIm IN THE EASTERLY ~XJNDARY LINX OF STATP HIGHWAY
XI-SD-I-SD ACCORDING TO RIGHT OF WAY XAP W. Lo-3772; THENCE ALONG SAID
EASTERLY LINE SOGTH 73O 07' 12" WEST, 165.69 =ET (RECORD SOUTH 73. 05' 57"
EAST, 165.57 FEET) TU A POIm HBREINLFTZR REFERROD TO AS POINT "A"; THENCE
ALONG SAID EASTERLY LINO, SOWW 2. 25' 31* BAST, 136.57 FBET (RECORD Nom 2'
25' 01" WEST, 137.57 FEET); THSNCE ALOS SAID EASTERLY LINO, SOUTH 12. 41' 38"
EAST, 14.21 FEET (=CORD NORTH 12. 40' 15" WEST); THENCE LEAVING SAID EASTERLY
LINE, AND PARALLDL WITH THE SAID SwI?IERLY LINX OF PALWAR AIRPORT ROAD, s(xN
LINE OF PARCEL 3, NORTH 2. 10' 50. EAST, 204.00 FEET TU RIP TRUE POINT OF
BEGINNING.
EXCEPT THEREFROM THE MOST NORTHERLY 34 FEET THEREOF MgpsuRDD PUL WITH AND
AT RIGHT ANGLES TU SAID SOUTHERLY LINE OF PALOW AIRPORT ROAD.
870 48' 39" EAST, 132.01 FBET; THENCE NORTHERLY PI\RWBL WITH THE an WESTERLY