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HomeMy WebLinkAboutCT 01-03; McMillan Companies LLC and Tamarack Properties; 2003-0270117; Notice of RestrictionDOC # 2003-0270117 RECORDING REQUESTED BY AND ) @ WHEN RECORDED MAIL TO: 1 ) 1 @ City Clerk ) CITY OF CARLSBAD 1 1200 Carlsbad Village Drive ) Carlsbad, California 92008-1989 ) w Space above this line for Recorder's use Parcel No. 168-04 1-08 NOTICE CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS CASE NO: CT 01-03/CP 01-01 This Declaration and Notice Concerning Aircraft Environmental Impacts is made by (name of legal owner) McMillan Companies, LLC and Tamarack Properties, Inc., a (individual, corporation, etc.) Delaware limited liability company and a California corporation , herein after referred to as the "Owners", as developers of certain real property situated in the City of Carlsbad, County of San Diego, State of California. RECITALS A. The Owners are 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 A of Parcel Map 16233, filed in the Office of the County Recorder on September 21, 1990, in the City of Carlsbad, County of San Diego, State of California B. The property is located approximately 2.7 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. Owners have no control over the operations of the Airport, including the types of aircraft, flight, the flight patterns of the aircraft, nor the fiequency of the flights. ... ... Noise Form #2 Rev. 03/27/95 FORM: NOISE 2: 2 OF 3 D. It is the desire of Owners 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 hllest 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. Owners have and shall develop the property in accordance with Subdivision Tract Map (CT 01-03 1, 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 Owners have 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 fi-equency 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 Executed this / 7-m day of rnr/AP\/ ,20 03. "OWNER: Calavera Hills 11, LLC a California Limited Liability Company, By: McMillin Companies LLC, A Delaware limited liability company, Its: Managing Member (Name of owner) By: br (sign here) 1 Don Mitchell (print name here) Vice President (title and organizatiop of signatory) Brian Milich (print name here) Senior Vice President (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 otXcer(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 Bv: Noise Form #2 Rev. 03/27/95 STATE OF CALIFORNIA COUNTY OF SAN DEGO On January 17th, 2003 before me, Elizabeth M. Breid Notary Public, perSonally appeared Don Mitchell & Brian Milich 9 [=x1 personally known to me - aa&--~* to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that K&&&/they executed the same in Mx&zz/their authorized capacity(ies), and that by hk&er/their 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. Noise Form #2 Rev. 03/27/95