HomeMy WebLinkAboutCT 04-04; Real Estate Collateral Management Company; 2005-0673212; Notice of RestrictionDOC # 2005487321 2 I llllllll Ill 111llll1ll lllll1111111111llll1 Ill11 lllll11lll lllll 1111 1111
AUG 08,2005 8:46 AM
OFFICIAL RECORD5
GREGCIR'i J SMITH CUUNT HECORCJER '!\ t4 CI I E G 0 C U U N T'f RE C U FID E R'5 El FFI CE
FEES 1GUcl RECORDING REQUESTED BY AND ) P4.G E 5 4
WHEN RECORDED MAIL TO: 1
) City Clerk 1
CITY OF CARLSBAD )
1200 Carlsbad Village Drive 1 Carlsbad, California 92008-1 989 )
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Space above this line for Recorder's use
Parcel No. 223-720-04.223-720-05 and 223-720-1 1
Project Number and Name: CT 04-04PUD 04-03 - LA COSTA RIDGE NEIGHBORHOOD 2.5
NOTICE CONCERNING AIRCRAFT
ENVIRONMENTAL IMPACTS
CASE NO: CT 04-04PUD 04-03
This Declaration and Notice Concerning Aircraft Environmental Impacts is made by
(individual, corporation, etc.) a Delaware Corporation , 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.
(name of legal owner) Real Estate Collateral Management Company 9 a(@
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 hlly described as:
Being a subdivision of Lots 220, 224, 225, and 236 of Carlsbad
Tract No. 99-04-02, Villages of La Costa - La Costa Ridge,
Neighborhood 2.5 in the City of Carlsbad, County of San Diego,
State of California according to map thereof No. 14838 filed in the
Office of the County Recorder of San Diego County on 7-14-04
B. The property is located approximately 3 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.
...
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
over flight, 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
Parcel Map (CT 04-04), 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 over flight, 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
,206.f .
*OWNER: Real Estate Collateral Management
Company, a Delaware corporation
(Name of owner)
(sign here) /
Fred R. Schimel
(print name here)
Vice 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 oficer(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:
,pg#it$ Attorney
Noise Form #2 Rev. 03/27/95
, -- .
STATE OF ILLINOIS
COUNTY OF COOK ss.
On $1 $ 2005 before me, Diana C. Moreno, Notary Public,
PERSON LL APPEARED Fred Schimel personally known to me to
be the person whose name is subscribed to the within instrument and acknowledged to
me that he executed the same in his authorized capacity and that by his signature on the
instrument the entity upon behalf of which the person acted, executed the instrument.
DIANA C MORENO
WITNESS my hand and official seal.
Signature:
Diana C. Moreno