HomeMy WebLinkAboutCT 98-05; Keystone Carlsbad 28 LLC; 2003-0362103; Notice of Restriction. DOC # 2003-03b2103
OFFICIAL KlORD!l SEUi DIE# COuNiY RECORDER'S DFFICE
FEES: 17.00 GREGORY J. S1YIITHs COUNTY KECIXDf3
RECORDING REQUESTED BY AND ) WHEN RECORDED MAlL TO:
) City Clerk 1
CITY OF CARLSBAD 1
1200 Carlsbad Village Drive 1
Carlsbad, California 92008-1989 1
Space above this line for Recorder's use
Parcel No. 215-080-31-00
NOTICE CONCERNING AIRCRAFT
ENVIRONMENTALIMPACTS
CASE NO: CT 98-05
This Declaration and Notice Concerning Aircraft Environmental Impacts is made by
Keystone Carlsbad 28 LLC, a California 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. 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:
Being that portion of Lot 2 of Section 22, Township 12 south, Range 4 west, San
Bernardino Base and Meridian, in the City of Carlsbad, State of California
according to official plat thereof
B. The property is located approximately 1 mile(s) 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.
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Noise Form #2 Rev. 03/27/95
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
Map (CT 98-05), 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.
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Noise Form #2 Rev. 03/27/95
FORM: NOISE 2: 3 OF 3
Executed this 1% day of ,2003.
*OWNER:
(sign here)
b3 1s wrbum4
(print name here)
W-W~T~C~~BS 28 Us..
(title and organization of signatory)
(sign here)
(print name here)
(title and organization of signatory)
(Proper notarial acknowledgment of execution by Contractor must be attached.)
(Chairman, president or vice-president and secretary, assistant secretary, CfO or assistant
treasurer must sign for corporations. Otherwise, the corporation must attach a resolution
certified by the secretary or assistant secretary under corporate seal empowering the oficer(s)
signing to bind the corporation.)
(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. 03/27/95
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On I& msefore me, ebiw wa&J
Notary Public, personally appeared - 7 [L/j
personally known to me - or [ ] proved to me on the basis of satisfactory evidence to be the
@ whosmzf6 subscribed to the within instrument and acknowledged to me that
-executed the same i-uthorized . , and that by r e@) on the instrument the or the entity upon behalf of which the
acted, executed the instrument.
WITNESS my hand and oficial seal.
Noise Form #2 Rev. 03/27/95