HomeMy WebLinkAboutCT 99-17; DSK Carlsbad Partners; 2000-0523977; Notice of RestrictionDOC 4 2~#~~#5239~? . 1
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RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: >
> City Clerk >
10720 ’ SEP 295 200Q 2:20 PM
OFFICIAL lams
SAN DIEGO COUMTY lWll?DER’S OFFICE
GMGM7Y J. 9Kl-h CilMTY f4XtDER
FEES: 16.00
111111111111111 2000-0523977
CITY OF CARLSBAD
1200 Carlsbad Village Drive Carlsbad, California 92008- 1989
Space above this line for Recorder’s use
Parcel No. 2 12-062-04-00
XOTICE CONCERWG AIRCRAFT
ENVIRONMENTAL IMPACTS
CASE NO: CT 99-17 /’ PUD 99-07 / SUP 99-06
This Declaration and Notice Concerning Aircraft Environmental Impacts is made by
DSK CARLSBAD PARTNERS, 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.
A.
B.
C.
. . .
. . .
. . .
RECITALS
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:
Lot 12 of Carlsbad Tract No. 81-10 in the City of Carlsbad, County
of San Diego, State of California, according to map No. 10330,
filed in the Office of the County Recorder of San Diego County,
February, l&l982
The property is located approximately .3 mile(sj from the IMcClellan-
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.
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. 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 tillest 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 accordanc,e with Subdivision Tract
Map (CT 99-17), 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
10722
FORM: NOISE 2: 3 OF 3
Executed this j” dayof bJ?bu ,200o -*
*OWNER:
?t-rnw~3. SGACCA
(print name here)
Mtwwr~q MmbX (title and orgabzatioh 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).
AS TO FORM:
Noise Form #2 Rev. 03127195
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10723
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On May 10, 2000 before me, Jayne T. Gowman
Notary Public, personally appeared Frank J. Sciacca , [ ] personally
known to me - or [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their 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.
SW D&J-r cwjv
rk , .: wm. hipa s3p 2 m
Noise Form #2 Rev. 03127195