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 . .