HomeMy WebLinkAboutCT 90-09; Western Pacific Housing LP; 1996-0189199; Notice of RestrictionT:c 1 i9964la9i99
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RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO
city Clerk
City of Carlsbad -,
1200 Carlsbad Village Drive
Carlsbad, CA 92998
1633 17-fiPR-1996 I.2247 PII
OFFIWtL RECORDS SAN DIEGO COUNTY RECORDER’S OFFICE GREGORY SMTH, COUNTY RECORDER RF: 8.00 FEES: 16.00
;f’; 1.00 1.00
--- Space above this line for Recorders use
Parcel No. 215-597-l 3.1~
NOTICE CONCERNING AIRCRAFT
ENVlRONMENTAL IMPACTS
CASE NO: C.T. 90-09(A)
This Declaration and Notice Concerning Aircraft Environmental Impacts is made
by Western Pacific Housing- Aviarga(n)Limited PartnershiD , hereinafter
(name of legal owner) (individual, corporation, etc.)
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 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.
NOISE FORM #2 )I IW. w27m6
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D.
FORM: NOISE 2: 2 of 3
1634
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 devel e property in accordance with Subdivision
Tract Parcel Map (CT/PM - m - approved by the City of Carlsbad, which
: ppproval includes the requirement oi tne 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
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I FORM: NOISE 2: 3 of 3
Executed this e day of flA-4 ,w %. 1635
*OWNER:
CliRLR M d&k
(print name here)
&I/ of bpe~A+c)d
(title and or a ization of si natory) \/;ce ?k%49, Ic l&&YYoQLoLm~,I/1c, bn. F@+b
(sign here)
(print name here)
(title and organization of signatory)
(Proper notarial acknowledgment of execution by *OWNER must be attached.)
(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 corporation.)
Approved as to form:
RONALD R. BALL
City Attorney
BY
NOISE FORM #2
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CALIFORNIA AU-PURPOSE ACKNOWLEDGMENT 1636
STATE OF CXJFORNIA
COUNTY OF SAN DIEGO
On AhA& 1 W3b before me, Gf& S CnraJ
d*;tE/
Notary Public,
personally appeared JJWLCL I , [I personally
known to me - or ved to me on the basis of satisfactory evidence to be the
persot@ whose name& is/a\subscribed to the within instrument and acknowledged
to me that he/q executed the same in his- authorized capacity{&& and
that by his/h@&& signature&on the instrument the persoTl’&or the entity upon
behalf of which the perso~cted, executed the instrument.
WlTNESS my hand and official seal.
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