HomeMy WebLinkAboutCT 97-02; Continental Ranch Inc; 1998-0803501; Notice of Restriction~~~:~~~~~~L* ;‘!‘*rl f-r record by Contir:z:zl Lh..j>iS ~i::r :~m7wxhkin only. It 112s not &g aa&d a to ip GA~CLL~OII Or as to its effect cp:pon the t&.
iiiiGiitiurr\icj RCQUESIED 8Y LAWYERS TITLE 1583
DOC M 1998-0803501
DEC 10s 1998 3=21 PM
f.mCIAL RECDRDS SAN DIE50 CUUMY REORDER’S OFFICE GaGoRy f$mH, lx!frpm : .
@I WHEN RECORDED MAIL TO: 1
> City Clerk
CITY OF CARLSBAD i 1200 Carlsbad Village Drive
/
Carlsbad, California 92008- 1989 ;
4
73!3G+fw Space above this line for Recorder’s use
N
Parcel No. 221~012-12.221-012-09,221-012-12
\ I $P NOTICE CONCERNING AIRCRAFT
ENVIRONMENTAL IMPACTS
CASE NO: fl97-02
This Declaration and Notice Concerning Aircraft Environmental Impacts is made by Continental
Ranch, Inc., a Delaware Corporation, herein after referred to as the “Owner”. Owner is the master
developer of Ranch0 Carrillo, a master planned residential community situated in the City of Carlsbad
(“City”), County of San Diego, State of California.
RECITALS
A. The purpose of this Notice and Waiver is to disclose to the fullest extent possible present
and future potential airport impacts by all manner of aircraft which will generate noise and other
environmental impacts associated with the operation of McClellan- Palomar Airport located in the City
(“Airport”).
B. Owner is the master developer of a subdivision within Ranch0 Carrillo more fully
described as:
Lots l-210 according to Final Map No. FM 13582 which are in the City
of Carlsbad, County of San Diego, State of California and recorded with the
Office of the County Recorder of the County of San Diego on June 1998 10 ~
(“Property”).
C. The Property is located approximately 1.5 miles from the Airport. The Airport is
operated by the County of San Diego. The Airport operation results in aircraft and helicopter noise in the
area surrounding the Airport, including the Property.
D. Neither City nor Owner has any responsibility or control over the operations of the
Airport, including, without limitation, the types or number of flight operations, types of aircraft
(including jet aircraft and helicopters). timing of flight operations, location of flight patterns or frequency
of the flights.
. . .
Noise Form #2 Mod. 07/01/97
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FORM: NOISE 2: 2 OF 3
E. It is the desire of City and 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. Furthermore, this Notice and Waiver for is for the
purpose of disclosing the potential of future impacts of noise and other environmental impacts resulting
from all manner of aircraft, including public, private, military and helicopters.
NOW, THEREFORE, in light of the above Recitals, as developer and Owner does, for itself, and
its successors and assigns, give the following Notice and makes the following Waiver:
1. Owner has and shall develop the property in accordance with Carlsbad Tract Map CT
97-02, approved by the City, which approval includes the requirement of the City that the development
of the Property is consistent with the Land Use EIement and Noise Element of the General Plan of the
City. An Environmental Impact Report (“EIR”) has been certified by the City and the Owner’s
development is consistent with the findings of the EIR.
2. The flight operations associated with the Airport may create significant aircraft
environmental impacts affecting the purchasers, tenants and occupants of the Property. Furthermore,
such purchasers, tenants and occupants of the Property reside there subject to such overflight, sight and
sound impacts.
3. The property shall be held, conveyed, hypothecated, encumbered, leased, rented, used,
occupied and improved subject to this Notice and Waiver. This Notice and Waiver shall run with the
Property and shall be binding upon all parties having or acquiring any right, title or interest in the
Property.
. . .
. . .
. . .
. . .
. . .
Noise Form #2 Rev. 03/27/95
.
. . -
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1585
FORM: NOISE 2: 3 OF 3
4. Owner acknowledges and accepts these existing and future impacts referenced herein
and forever waives any and all causes of action, and hereby covenants not to sue the City, its agents,
servants or employees as to any damages or injuries resulting from said impacts. However, such waiver
by Owner shall not be deemed to include any waiver of impacts associated with Airport operations if
City should assume control of the Airport in the future.
Executed this //* day of 7 , 19E.
*OWNER:
(sign here)
W/D A* &-/gegz
(print name here)
y&5 /%Es-
(title and organization of signatory)
(sign here)
c&w tMM~E”;gf
(print name here)
& e* (title and organization of signatory)
(Proper notarial acknowledgment of execution by Contractor must be attached)
(President or vice president Am secretar?, or assistant secretary must sign for corporations. Ifonly one
oficer signs, the corporation must attach a resolution certiJed by the secretary or assistant secretary
under corporate seal empowering that o&er to bind the corporution).
(If signed by an individual partner, the partnership must attach a statement of partnership authorizing
the partner to execute this instrument).
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
Noise Form #2 Rev. 03/2’7/95
. ’
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On 4 I 1, 1948 before me, Euc/-I>l IH- Rcv~ Notary
Public, personally appeared?)wrd A ’ MfrO+-nd c/& s c&be/s , [ &‘&sonally known to me -
or [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) +s/@
subscribed to the within instrument and acknowledged to me that h&he/@ executed the same in
hi&her/@ authorized capacity(ies), and that by l&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.
Noise Form #2 Rev. 03127195