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HomeMy WebLinkAboutCT 92-02; Sambi Seaside Heights LLC; 1996-0590840; Notice of RestrictionT”C I 1?9~~0~90~40 21440w-1996 11=#7 Ai7 OFFICIAC RECORDS SAN DIEGO COUNTY RECORDER’S OFFICE GREGORY SFlITti , COUNTY RECORDER 1070 RF: 9.00 FEES: 19. GO ;;; 9.00 1.00 RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ; City Clerk 1 CITY OF CARLSBAD 1 1200 Carlsbad Village Drive > Carlsbad, California 92008- 1989 1 Space above this line for Recorder’s use ParcelNo. 214 - 140 - 07 NOTICE CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS CASE NO: CT 9267 CA) This Declaration and Notice Concerning Aircraft Environmental Impacts is made by (nameoflegu~owner) SAMBI SEASIDE HEIGHTS, LLC a(n) (individual, corporation, etc. ) LIMITED LIABILITY COMPANY , 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. B. 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: SEE ATKActiED L!sAL D~scNmoN The property is located approximately ONE 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 Rev. 03/27/95 1071 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 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/BM 92-03, 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 dj~d. day of 43 ?fL. *OWNER: (Name of owner) l-t. --ihohBY~ (print name here) d.qkn/ (title and organ&ion of signatory) By: (sign here) (print, name here) (title and organization of signatory) (Proper notarial acknowledgment of execution by Contractor must be attached.) (President or vice president AND secretary or assistant secretary must sign for corporations. If on/y 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 Bv: Noise Form #2 Rev. 03127195 STATE OF CALIFORNIA COUNTY OF WeA On before me, E&Z.M/crl 13 &? 6?h@H Notary Public, personally appeared SE17o HL 7;;cfJhsro A-F==JJY m or [ )II proved to me on the basis of satisfactory evidence to be the personC8) whose name($) isk subscribed to the within instrument and acknowledged to me that he/sh&lq executed the same in his/he&heif author&d capacity(kj, and that by his/k/their signature-@) on the instrument the person@, or the entity upon behalf of which the person@ acted, executed the instrument. WITNESS my hand and offkial seal. (Signature of Notary). Noise Form #2 Rev. 03127195 . 1074 ATTACHMENT: CT 92-02(A) LEGAL DESCRIPTION A PORTION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER AND THE SOUTH SIXTY ACRES OF THE NORTH HALF OF THE SOUTH EAST QUARTER OF SECTION TWENTYONE, TOWNSHIP TWELVE SOUTH, RANGE FOUR WEST, SAN BERNARDINO MERIDIAN, A GRANT DEED RECORDED ON 23 NOVEMBER 1994 AS DOCUMENT 1994-0677545 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA