HomeMy WebLinkAboutCT 96-01; Grand Pacific Resorts Inc; 1997-0372469; Notice of RestrictionRECORDING REQUESTED BY AND )
WI-EN RECORDED MAIL TO: >
City Clerk
OFF!CIAL RECOROS W 3IEciO CDMTY RECORDER’S OFFICE GREiXtRY J, SWtit $!UfiTY RECORDER “[ES :: 16.00
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CITY OF CARLSBAD ) -;’
1200 Carlsbad Village Drive > \- ‘2 Carlsbad, California 92008- 1989 p .
Space above this line for Recorder’s use ~-5 -
Parcel No. 2 II-022- 12 - --
NOTICE CONCERNING AIRCRAFT
ENVIRONMENTAL IMPACTS
CASE NO: SDP 96-Ol/CT 96-Ol/PUD 96-Ol/ CUP 96-1 l/GDP 96-02
This Declaration and Notice Concerning Aircraft Environmental Impacts is made by
Grand Pacific Resorts, Inc., a(n) 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.
A.
B.
C.
. . .
. . .
. . .
RECITALS
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:
Lot 2 of Parcel Map 17877. In the City of Carlsbad, County of San Diego, State
of California, according to map thereof filed in the Office of the County Recorder
of San Diego County on July 7,1997.
The property is !ocated approximately 1 l/3 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.
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. 03127195
1467 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 Site Development
Plan, Tentative Tract Map, Planned Development Permit, Conditional Use Permit,
and Coastal Development Permit (SDP 96-Ol/CT 96-Ol/PUD 96-Ol/CUP 96-
1 l/GDP 96-02), 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
1468
Executed this 15 121. day of /$C&!$, , 19 9 7 .
*OWNER:
CARLSBAD PACIFIC RESORT LLC, a
California limited liability company
FORM: NOISE 2: 3 OF 3
Print name and title p6k-J zg$7/Awe - ignature
David S. Brown
Co-President and Secretary
Print name and title
(Proper notarial acknowledgment of execution by Contractor must be attached.)
(President or vice president AND secretary or assistant secretary must sign for
corporations. If only one officer signs, the corporation must attach a resolution certified
by the secretary or assistant secretary under corporate seal empowering that officer to
bind the corporation)
APPROVED AS TO FORM:
Noise Form #2 Rev. 03/27/95
6 .
c 1469
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On Q&A /qJ.?9? - Jiaccl,es
c, personally appeared ZA ofi Q J j.STrkk V &id S.kxd* , [#personally
known to me - ) to be the perso Q (s whose
nam Q (s) Hare subscribed to the within instrument and acknowledged to me that ‘h&&$/they
executed the same in l$$h#/their authorized capaci 0 (ies) and that by l&$/h-r-!their signatur Q (s)
on the instrument the perso r the entity upon behalf of which the pers Q (s) acted, executed
the instrument.
WITNESS my hand and official seal.
A&b A.
(Sigdature of Notary)
Noise Form #2 Rev. 03127195