HomeMy WebLinkAboutCT 02-01; Zathas, James & Kiki; 2003-0597422; Notice of RestrictionDOC # 2003-0597422
MtlY 21?. 2003 3:38 PM
OFFICIAL RECORDS W DIEGO COUNTY ECERDER'S OFFICE GREGOW J. SIYIITH, GOMY RECORDER ES: 17.00
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive )
Carlsbad, California 92008-1989
Space above this line for Recorder's use
Parcel No. 204-25 1-0 1,02, and 03
NOTICE CONCERNING AIRCRAFT
ENVIRONMENTAL IMPACTS
CASE NO: CT 02-01/CP 02-03/CDP 02-03 - PACIFIC VIEW CONDOS
This Declaration and Notice Concerning Aircraft Environmental Impacts is made by
James and Kiki Zathas, Trustees of the James and Kiki Zathas Revocable Trust, 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 1, 2 and 3 Block "E" of Palisades, in the City of Carlsbad,
County of San Diego, State of California, according to Map thereof
No. 1747 filed in the Office of the County Recorder of San Diego
County, February 5, 1923.
B. The property is located approximately 3.5 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.
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Noise Form #2 Rev. 03/27/95
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 fiom 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 imp acts.
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 02-01, 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 hllest extent possible present and
hture 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
FORM: NOISE 2: 3 OF 3
Executed this 2 %.! day of t-4 h9 ,2003 .
PA arTW
(print n& here)
(_jQJnsf- (title and organization of signatory)
(sign here) U
PO-Y 7A- (prht name here)
fClr#wc
(tzle 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 asqistant 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).
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
Noise Form #2 Rev. 03/27/95
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On VAY /J,,-~OOZ before me, fiC&Sd
Notary Public, personally appeared WE.S J- I-/; k,. 24 TIAS A I
personally known to me - or mproved to me on the basis of satisfactory evidence to be the
person(s) whose name(s)k/are subscribed to the within instrument and acknowledged to me that
Wthey executed the same in ladhedtheir authorized capacity(ies), and that by h;PlhPr/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS3y hand and 1 official seal.
(SignatGe of Notary)
Noise Form #2 Rev. 03/27/95