HomeMy WebLinkAboutCT 91-12; Bramalea California LLC; 1996-0322043; Notice of Restriction* . 1
. . ,
RECORDlNG REQUESTED BY AND
WHEN RECORDED RETURN TO
City Clerk
City of Carlsbad . ,
1200 Carlsbad Village Drive
Carlsbad, CA 92008
) \
199~E~3~~#43
26--3w-1996 Of’49 %pf ,
895 OFFICIAL KECDRDS SBN DIEGO COUNTY RECDHDER’S OFFICE GREGORY Sl’iITii , COUNTY RECORDEK RF: El.00 FEES: 16.#0
AF: 7.00
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IIF: 1.00
Space above this line for Recorder‘s use
Parcel No. z/q - Iyo-Lfz
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NOTICE CONCERNING AIRCRAFT
ENVlRONMENTAL IMPACTS
CASE NO: CT ?L-)z
This Declaration and Notice Concerning Aircraft Environmental Impacts is made
by Bramalea California, LLC ,a(n)limited liability co. , 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 s/4 miles from the McCleilan-
Palomar Airport, City of Cartsbad, San Diego County (the “Airpot?‘),
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
- \ 8 1. PC, t i,,. i”:‘ w
-.
FORM: NOISE ; - : 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
presentand 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 @=Hv@(CT 91-12) 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
kise Element of the General Plan of the City of Cartsbad.
2.
3.
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. :. .
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 $2
ICI. jr;;0
. . . 1
’ i FORM: NOW -.: 3 of 3 \ 897
Executed this 3OCk day of b-kv t 199&I .
*OWNER:
Bramalea California, LLC, a
California limited liability company
By: Bramalea California, Inc., Manag#r ,
Emile K. Haddad
(print name here)
Senior Vice President
Bramalea California, Inc.
(title and organization of signatory)
(sign here) ’ -
Michael F. Wintemute
(print name here)
Secretary Bramalea CalifOrnia, Inc.
(title and organization of signatory)
(Proper notarial acknowledgment of execution by *OWNER must be attached.)
(President or vice-president and secretary or assistant secretary must sign for
corporations. If only one officer signs, the corporation must attach a resolution certified
by the secretary or assistant secretary under corporate seal empowering that officer to
bind the corporation.)
Approved as to form:
RONALD R. BALL
City Attorney
NOISE FORM +2
tly. 3i;,%
~&~RNIA ALL-PURP~M ACKNOWLEDGMENT 898
State of
County of
u
On GLqf so
Date
personally appeared E vi,\f, +-(.
’ Name and Title of Gfficer (e.g., “Jane Dce.h
M’Ichxl F- /llM-eurzLtte ,
Name(s) of Signer(s)
known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) i.s@$ubscribed to the within instrument
and acknowledged to me that he/she/@executed the
same in his/her@authorized capacity(ies), and that by
his/her/-signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
L
Signature of Notaty Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document I
Title or Type of Document: p&CL &--o&LA\ L+?udL& IitfM Ld
Document Date: 5/30*- Number of Pages: 3
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer’s Name: Signer’s Name:
0 Individual
0 Corporate Officer
Title(s):
0 Partner - q Limited 0 General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:
0 Individual
0 Corporate Officer
Title(s):
Cl Partner - 0 Limited 0 General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:
I I
Q 1994 National Notary Association l 6236 Remmet Ave., P.O. Box 7164 * Canoga Park, CA 91309-7164 Prod. No. 5907 Reorder: Call Toll-Free l-800-876-6827