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HomeMy WebLinkAboutCT 99-10; Aviara Pointe LLC; 2002-0976616; Notice of RestrictionRECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: 1 1 City Clerk 1 CITY OF CARLSBAD 1 1200 Carlsbad Village Drive 1 Carlsbad, California 92008-1 989 1 P 4f ' Space above this line for Recorder's use Parcel No. 215-040-10: -18 NOTICE CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS CASE NO: CT 99-10 This Declaration and Notice Concerning Aircraft Environmental Impacts is made by Aviara Pointe LLC, California Limited Liability Company, hereinafter 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 filly described as: Parcel 1 : The northwest quarter of the southwest quarter of the northwest quarter of the northeast quarter of Section 27, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to United States Government Survey, approved April 2 1, 1890. Parcel 2: The northeast quarter of the southwest quarter of the northwest quarter of the northeast quarter of Section 27, Tow-ship 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 approved April 21, 1890. Parcel 3: An easement for road and public utility purposes over, under, upon and across the westerly 30 feet of the south half of the northwest quarter of the northwest quarter of the northeast quarter of Section 27, Township 12 South, Range 4 Wet, San Bernardino Base and Meridian, in the County of San Diego, States of California, according to United States Government Survey approved April 2 1,1890. 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 Noise Form #2 Rev. 03/27/95 FORM: NOISE 2: 2 OF 3 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. 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 (CT99-101, 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. 03/27/95 FORM: NOISE 2: 3 OF 3 Executed this /ax day of m& ,2082. *OWNER: (sign here) I (print name here) (title and organization of signatory) Bv: (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 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: RONALD R. BALL, City Attorney Yfuty City Attorney Noise Form #2 Rev. 03/27/95 STATE OF CALIFORNIA COUNTY OF SAN DIEGO On \6 o&f&b#Bo/L before Notary Public, personally appeare 2 personally known to me - or [ Yfproved to me on the basis of satisfactory evidence to be the person^ whose name+) is/Msubscribed to the within instrument and acknowledged to me that he/sWy executed the same in hidhe&h& authorized capacity(&, and that by his/h&th+ signature$ on the instrument the person($, or the entity upon behalf of which the person($ acted, executed the instrument. SS my hand and official seal. I P, h*u (Signakure ofNotary) " - MY Comm. Emires Feb 16.m Noise Form #2 Rev. 03/27/95