HomeMy WebLinkAboutCT 89-19; Odmark & Thelan; 1996-0490543; Notice of Restriction. SC # 19964490543 2?-SEP-1996 10:32 AFt
OFFICIAL RECORDS SAN DIEGO COUNTV RECORDER’S OFFICE
3070 19.00
RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) ) City Clerk > CITY OF CARLSBAD > 1200 Carlsbad Village Drive > Carlsbad, California 92008- 1989 1
Space above this line for Recorder’s use
NOTICE CONCERNING AIRCRAFT
ENVIRONMENTAL IMPACTS
CASE NO: 89-19
This Declaration and Notice Concerning Aircraft Environmental Impacts is made by
(name of legal owner) ODMARK % THEM and the mn) (individual, corporation, etc.)
DAVIDSON COMPANIES PARTNERSHIP l , 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:
B. The property is located approximately 2 l 1 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. 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.
. . .
. . .
. . .
* a California general partnership . . .
Noise Form #2 Rev. 03/27/95
IO71
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, in light of the ab&e 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 (CTBMSS-19 ), 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.
, . .
Noise Form #2 Rev. 03127195
. .
. ‘1072
FORM: NOISE 2: 3 OF 3
Executed this &bkj day of kmh!/ ,19%.
*OWNER: (SEE ATTACHED)
(Name of owner)
By:
(sign here)
(print name here)
(title and organization of signatory)
Bv:
(sign here)
(print name here)
(title and organization of signatory)
(Proper notarial acknowledgment of execution by Contractor must be atfached.)
(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 coworation)
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
Noise Form #2 Rev. 03/27/95
^.
IO?3
ATTACHMENT TO NOISE FORM #2
OWNER: ODMARK & THELAN and THE
DAVIDSON COMPANIES PARTNERSHIP,
a California general partnership
By:
By:
By:
By:
Davidson Coscan Partners, a
California general partnership,
General Partner
Brookfield Housing, a California
corporation, General Partner
Richard T. Whitney
President. Brookfield Housing
Secretarv. Brookfield Housing
Noise Form #2
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STATE OF CALIFORNIA
L.
‘1074
COUNTY OF SAN DIEGO
On Z&W. 20119 945 before me, /, V#‘& h/A2KZ&?kE/e
Notary Public, personally appeared fiu&%eb r Wun-A/6)’ ,w& &k?#~~+personally
. knowntome-C o be the person(s) whose
name(s) -is/are subscribed to the within instrument and acknowledged to me that h&h&hey
executed the same in k&h&their authorized capacity(ies), and that by-hi&k&heir signature(s)
on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
and official seal.
Noise Form #2 Rev. 03/27/95