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Home My WebLink AboutCT 97-03; Continental Residential Inc; 2000-0523997; Notice of Restriction13oc -AL ?OOO-0523997 10762 RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) > SEP 29. 21300 2=21 PM SM DIE&l CEluNTy RECORDER’S FFKE GREGORY 3. SH1Tl-h WxitiTY RECOROEk FEES: 16.00 City Clerk > CITY OF CARLSBAD 1 1200 Carlsbad Village Drive 1 Carlsbad, California 92008- 1989 1 Space above this line for Recorder’s use Parcel No. 222-680-o 1 through 24 222-681-01 through 16 222-682-01 and 02 NOTICE AND WAIVER CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS CASE NO: Ranch0 Carrillo Village G - CT 97-03/PUD 97-03(D) This Notice and Waiver Concerning Aircraft Environmental Impacts is made by Continental Residential, Inc., a 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 tillest 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 355 through 396 of Carlsbad Tract No. 97-03, in the City of Carlsbad, County of San Diego, State of California, according to Map No. 13837, filed in the Office of the County Recorder of San Diego County, August 23, 1999 as file number 1999-581947. C. The property is located approximately 1.5 mile(s) 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 or Owner has any responsibility or control over the operations of the Airport, including without limitation, the types of flight operations, types of aircraft (including jet aircraft and helicopters), timing of flight operations, location Noise Form #2 mod. Mod. 07/01/97 - FORM: NOISE 2: 2 OF 3 of flight patterns or frequency of the flights. E. It is the desire of the 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 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 Recitals above, 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/ Parcel Map (CT/PM 97-03), approved by the City, which approval includes the requirement of the City that the development of the Property is consistent with the Land Use Element 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 Mod. 07/01/97 10764 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 Ai & or-t operations if City should assume control of the Airport in the future. Signed this 30 - dayof &u4cot ,20 eQ -- *OWNER: l!aAl-Lf EL5;&&&f, ;cLx-• (Name of owner) By: &Q&& 4* +Gi5 (sign here) D/MP A- to-i-~ (print name here) yte pgG5. (title and organization 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 coworations. 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.) I >- Deputb City Attorney Noise Form #2 Mod. 07/O l/97 STATE OF CALJFORNIA COUNTY OF SAN DIEGO On fk++,~ti 30, W before me, ~%~c~&L kj . \c’; -k6 nw Notary Public, personally appeared b-l& A . l.-&$e/ , [ Tpersonally known to me - or [q to be the person@ whose name($J is/m subscribed to the within instrument and acknowledged to me that he/m executed the same in his/he&heir authorized capacity(ies), and that by his/he&heir signature(Q on the instrument the person($), or the entity upon behalf of which the person@ acted, executed the instrument. WITNESS my hand and official seal. (Signature of Notary) Noise Form #2 Mod. 07/01/97 -.. CERTIFICATE OF ASSISTANT’ SECRETARY The undersigned hereby certifies as follows: 1. He is a duly ekcted, qualified and acting Assistant Secretary of Continental Residential, Inc., a California corporation (the "COmpany"), is familiar with the facts herein certified and is duIy authorized to certify the same. 2. The following is a true, correct and complete copy ofresolutions related to the subject matter as adopted by the Consent of Sole Director of the Company dated January I, 2000 (the “Resolutions”). The Resolutions have not been amended, rescinded or modified and remain in full force and effect as of the date hereof. Authoritv of David A. Lother. Vice President WHEREAS, effective April 20,1998, David A. Lother was elected to, and continues to serve in, the office of Vice President of the Company (the “Vice President”), to serve until the next annual meeting of the directors of the Company and until his successor is duly elected and qualified or until his earlier death, resignation or removal. RESOLVED, that in COIUEC~~OII with land development for the Company, without the prior approval, and without the signature, of any other officer of the Company, the Vice Resident is hereby authorized and empowered, in the name and on behalf of the Company, to execute and deliver contracts, agreements and other documents and instruments for the subdivision, development and/or improvement of real property, including subcontractor agreements, maintenance contracts, applications to the Department of ReaI Estate for approval of budgets, homeowner association documents and various other documents, homeowner association documents, entitlement submissions, security bonds, subdivision improvement agreements, permit applications, easement deeds, agreements with adjacent property ownm, consulting contracts and simik or equivalent agreements, documents or instruInents. IN WITNESS WHEREOF, the undersigned has set his hand on the 26th day of January, 2000. 0 Paul W. Buchschacher, Assistant Secretary