HomeMy WebLinkAboutCT 96-08; Centerstone Carlsbad, LLC; 1999-0076080; Notice of Restrictionr
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DOG il 19994076080
-=%-EB 08, 1999 3:59 PM
DFFICIlL REcms Sew DIEUI UWTY RECORl!5?‘S OFFICE atEGoRY g4IMI CcupYrnB : .
RECORDJNG REQUESTED BY AND )
WHEN RECdkDED MAIL TO:
City Clerk : illgllllllluulull1oII1II1IIIIII1uIIlllglRl lQQQ-007tU80 CITY OF CARLSBAD >
1200 Carlsbad Village Drive >
Carlsbad, California 92008- 1989 1
Space above this line for Recorder’s use
‘“W - CT4G-0 g
ccl No. 206-041-02 ---. .-- -- ---- -- ._._.-“---~..-
The undersigned Owner is the Developer and/or Holder of the Ti n Real Property in the City
of Carlsbad, County of San Diego, California, more fully described as:
A portion of Tract 232 of Thum Lands, in the City of Carlsbad,
according to Map 1681, filed in the Office of the County Recorder.of said County 12/g/15.
The following NOTICES are contained in this document:
NOTICE CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS
NOTICE CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS
RECITALS
A. 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.
a a. l-ha nrnnartrr is I iI& pvy” VJ located approxim,,el, J llllllru LlVl . c 4 1-t 2 m;l-n G--q- the ~~&~p~lp---Polnrncv- 4&p& rib;7 IS A U‘“Ar-.AA I
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 to aircraft,
flight, the flight patterns of the aircraft, nor the frequency of the flights.
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 from the Airport.
. . . ..y .
MULTINOISE.FRM Rev. 03/27/95
+v41 f .7-4b*O8
5923
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 Specific Plan 201 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 of 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. The property shall be held, conveyed, hypotheeated, 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.
4. 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 impact. Purchaser acknowledges and accepts these existing
and future impacts and waives any and all causes of action and covenants not to sue the City of Carlsbad,
its agents, servants or employees as to any damages or injuries resulting from said impacts.
hdULTINOISE.FRM 2 Rev. 03127195
!j921’-
t- i
IN WITNESS WHEREOF, these Declarations of Notice of aircraft, sight and sound are
made this 11 th day ofJanuary ,19 99.
*OWNER:
CenterStone Carlsbad, LLC
(Name of owner)
By: / Y- <JJ &.&&&
(sign hel’e)
Kirk S. F.-s (print name here)
President
(title and organizational of signatory)
By:
(sign here)
(print name here)
(title and organ&&ion of signatory)
(Proper notarial acknowkxfgfnent of execution by Contractor must be attached.)
(President or vice president Alldp secretary or assistant secretary must sign for corporations. If
only one officer signs, the corporation must attach a resoktion certified by the secretary or
assistant secretary under corporate seal empowering that officer to bind the corporation).
( !f signed b:* an !ndb/idua! partner, t,ha partnershfp must attac.h a statement $f pa,&?ership
authorizing the partner to execute this instrument).
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
MULTINOISE.FRM 3 Rev. 03127195
. . rc-7 3L 3 - :. 42 .
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of ORFf~ G t 1
ss.
ULXM \ I, f GC&I , before me, c. &sl,sh,
Dbte ’ .’ ’ ’
cy Q-&,
Name a?id Title of Gfficet (e.g., “J&e Doe, Notary Public”)
personally appeared i . I Name(s) of Signer(s)
f&personally known to me
0 proved to me on the basis of satisfactory
evidence
to be the person@& whose name@+& is/e
subscribed to the within instrument and
acknowledged to me that he/m executed
the same in his/@&th& authorized
capacitylPsg, and that by his/-r
signature&#-on the instrument the person&J’, or
the entity upon behalf of which the person@
acted, executed the instrument.
Place Notary Seal Above
OPTIONAL
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Signer’s Name:
0 Individual
0 Corporate Officer -
Partner - 0 Limit
Q 1997 Nabonal Notary Association * 9350 De Soto Ave., P.O. Box 2402 * Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free l-800-976-6827