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HomeMy WebLinkAboutCT 98-17; Ryland Homes of California; 2000-0130364; Notice of Restriction, -. DOE k 2000-0130364 M69R 15, 2000 9:42 FSM OFFICIAL RECORDS SAM DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH? COUNTY RECORDER FEES: 0.00 f8 7 6 RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: fi v ; City Clerk CITY OF CARLSBAD ; 1200 Carlsbad Village Drive > Carlsbad, California 92008-1989 > Space above this line for Recorder’s use Parcel No. 215-080-19-00 NOTICE CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS CASE NO: CT 98-17 This Declaration and Notice Concerning Aircraft Environmental Impacts is made by (name of legal owner) Rvland Homes of California a(n) (individual, corporation, etc.) Delaware Limited Liabilitv Comuanv , herein afte; 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: A portion of the south half of the southwest quarter of the southeast quarter of section 22, Township 12 south, Range 4 west, San Bernardino base and meridian, in the County of San Diego, State of California, according to the United States Government Survey. 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. . . . Noise Form #2 Rev. 03127195 4 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 Parcel Map (CT CT, 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 FORM: NOISE 2: 3 OF 3 Executed this 23rd day of February 23 ,49 2000 -* *OWNER: Ryland Homes of California, Inc. ;---Jx -A. (print name here) Assistant Secretary (title and organization of signatory) 22 Michael R. Forsum (print name here) Vice President (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 officer(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: NoiseFoxxn#2 Rev. 03127195 . STATE OF CALIFORNIA COUNTY OF SAN DIEGO On February 23, 2000 beforeme, Sandra L. Freeman NotaryPublic,personallyappeared Charles A. Godlesky and Michael R. , [x] personally known to me - or [ ] proved to me on the basis of satisfactory evid%Eg?t be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that &&be/they executed the same in&sker/their authorized capacity(ies), and that by kkkerltheir 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 nl~t” INIL-) - -. .- RYLANDHOME!S OF CALIFORNXA, INC. Consent of Dlrccton Xn aaxudanco with Section 141 of the Delaware Gemrd Co~oration Law pat&& to unudmous consmt ofdbectors, the undusjgnecl, being all the directors of Rylend Homes of Cm Inc., a Delaware corporation hereby wdvo tbo calliug and halding of a nmiings of directors, consent to the foLlowing adon, and &reef that this consent bs Eiled with the minutes ofprocccdings ofthc CoQoralion: RESOLVED, that the current officers of the Corporation are hereby removsdandtheindividudsnamadbeiowam~yelactedtoserveas ofbrs until the next annual meeting of the Board of Directon of the Corporation or until their -ueeleaedandshallgurlifjr Any- offlcu is autlmbd to sign docwcnts on behalf’ of the Corporation in accmdancowithtbeir6pcrbficauthofizationsas~cers. EriGE.Kkkf Mii R. Forsum David L. Friutoc Tknothy J. c3eclde Chuckc3odl~ Bruca N. Haase Jsmes D. Mm Rem L. Mentcb Vi&i Nyhd Frank J. Scwdina sherry L. spdhyfx Gedd R. Wdaon ml wlnston AbSiMUUSecntluy vie Plesaent Vrcc~DasigrratedBroktr vice Pldient Vice President, Assistant Treasurer VicePmsident, SW Assistant sccrctary TrcasLucr Assistant Sfsrektaxy Ass-t Treasurer AssistMtsecntuy Phkllt hsistant sccrctuy Vica President May lo, 1999 . .