HomeMy WebLinkAboutCT 01-08; Carltas Investment LP; 2002-0288755; Notice of Restriction. .OOC # 2002-0288755
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Clerk
n CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-1989
'. APR 05, 2002 4:32 PPI
H DIEM WUNN REMRWI'S WICE
FEES: 11.00 GRmRy J. SKITH, UWNTY REMI(DER FEES: 11.00
Space above this line for Recorder's use
ParcelNo. 213-100-09, -10. -11, -12
NOTICE CONCERNING AIRCRAFT
ENVIRONMENTAL IMPACTS
CASE NO: CT 01-08PUD 98-01(A)/PIP 98-07(Al
This Declaration and Notice Concerning Aircraft Environmental Impacts is made by
(name of legal owner) Carltas Investment, L.P. 7 a(n)
(individual, corporation, etc.) California 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:
Lots 9 through 12, inclusive, of Carlsbad Tract No. 98-07, Lincoln Northpointe, in
the City of Carlsbad, County of San Diego, according to map thereof No. 13716,
filed in the Office of the County Recorder of San Diego County, December 31,
1998.
B. The property is located approximately 0.2 mile(s) from the McClellan-Palornar
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.
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Noise Form #2 Rev. 03/27/95
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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
Map (CT 01-OSL 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.
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Noise Form #2 Rev. 03/27/95
3 OF3
st Executed this 7- day of fiw\d- ,20&.
By: "
7) John C. White, Manager
1 (print name here)
(title and organization
By:
(sign here)
-"- (print name here)
(title and org zation 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.)
authorizing the partner to execute this instrument).
(If signed by an individual partner, the partnership must attach a statement of partnership
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
By: $k4kw..
uty City Attorney
Noise Form #2 Rev. 03/21/95
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On fhm& dl, aOOA beforeme, ic?um-~n. &fw"q ,wok
Notary Public, perionally appeared 3 oh c. L)k\'k 9 74
personally known to me - to be the
personfs) whose name@ ish subscribed to the within instrument and acknowledged to me that
hem executed the same in hisLhw&eir authorized capacity@), and that by hiske4heir
signature on the instrument the personfs), or the entity upon behalf of which the personw
acted, executed the instrument.
Noise Form #2 Rev. 03/21/95