HomeMy WebLinkAboutCT 99-03; Real Estate Collateral Management Company; 2003-0164455; Notice of RestrictionDOC # 2003-0164455
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: )
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City Clerk )
CITY OF CARLSBAD )
1200 Carlsbad Village Drive
Carlsbad, California 92008-1989 1
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NOTICE CONCERNING AIRCRAFT
ENVIRONMENTAL IMPACTS
CASE NO: CT 99-03
This Declaration and Notice Concerning Aircraft Environmental Impacts is made by
(name of legal owner) Real Estate Collateral Management Company
, a(n) (individual, corporation, etc.) Delware
Corporation , 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:
Lots 1 , 2 and 15, of the City of Carlsbad, County of San Diego, State of
California, according to Map thereof No. I4Pi 3 , filed in the office of the
County Recorder of San Diego County, f?5&zu AFT I 2 , 20003.
B. The property is located approximately .47 (for Lots 1 and 2) and 1.6 (for Lot 15 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
. f.
Rev. 03/27/95
23060
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 99-03), 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 @ day of ,x,fi? CP e ,200L
*OWNER:
Real Estate Collateral Management
Company, A Delaware Corporation
(Name of ow_ner)
By:
(sign here)
DAVID A. WATTS. VICE PRESIDENT
(print name here)
(title and organization of signatory)
BY:
(sign here)
(print name here)
~~~ ~ ~ (title and organization of signatory)
(Proper notarial acknodedgment 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 instrumnt).
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
Noise Form #2 Rev. 03/27/95
..
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On Jnvl L 13: 300 2 before me, w)1 D~?c 1 C PO/\ b
Notary Public, personally appeared Dnb7 A vvd f .s 9 [AI
personally known to me - ce to be the
person@ whose name@) is/= biib'scfibed to the within iIistnim8irt and acknowledged to me that
he/- executed the same in his- authorized Capacitjrckesf, ~, and that by hislkerHkeir
signature@ on the instrwnent:the person@), or the exitity upon fiehaif of which the person@
acted, executed the ir;strume&
WITNESS m);r &&and official seal.
Noise Form #2 Rev. 03/27/95