HomeMy WebLinkAboutCUP 02-02; City of Carlsbad; 2002-0772461; Notice of RestrictionFEES: 0.00
lf$ WHEN RECORDED MAIL TO:
RECORDING REQUESTED BY AND )
1
) City Clerk )
CITY OF CARLSBAD )
1200 Carlsbad Village Drive )
Carlsbad, California92008-1989 )
Space above this line for Recorder's use
ParcelNo. 212-081-01, -02
NOTICE CONCERNING AIRCRAFT
ENVIRONMENTAL IMPACTS
CASE NO: CUP 02-02
This Declaration and Notice Concerning Aircraft Environmental Impacts is made by
(name of legal owner) Citv of Carlsbad a
(individual, corporation, etc.) municipal 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.
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:
Lots 65 and 66 of Carlsbad Tract No. 81-46, Unit 3, according to Map No. 11289,
filed in the Office of the County Recorder of San Diego County on July 16, 1985,
in the City of Carlsbad, County of San Diego, State of California.
The property is located approximately 0.l miles 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.
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. 03/21/95
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 kom 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.
2.
3.
4.
5.
Owner has and shall develop the property in accordance with Conditional Use
Permit (CUP 02-02), 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.
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.
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.
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.
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.
1..
...
...
Noise Form #2 Rev. 03/21/95
FORM: NOISE 2: 3 OF 3
(print name here)
(title and organization of signatory)
(sign here)
(print name here)
(title and organization of signatory)
(Proper notarial acknobtfedgment of execution by Contractor rmst be attached.)
(Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant
treasurer must sign for corporations. Othem'se, 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 instrumnt).
APPROVED AS TO FORM:
RONALD R. ., BALL, City Attorney
Noise Form #2 Rev. 03127195
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California 1 On
personally appeared
&personally known to me n proved to me on the basis of satisfactory
evidence
to be the person(+ whose name(@ is/m
subscribed to the within instrument and
the same in hislhe+kir authorized
acknowledged to me that he/s4ekey executed
capacity(+, and that by his/+r&t+eir
signature(+ on the instrument the person(s), or
the entity upon behalf of which the person(*
acted, executed the instrument.
WITNESS my hand and official seal.
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reatlachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer@) Other Than Named Above:
Capacity(ies) Claimed by Signer
0 Individual
Signer's Name:
0 Partner - 0 Limited U General
0 Corporate Officer - Title(s):
0 Attorney in Fact n Trustee n Guardian or Conservator
0 Other:
Signer Is Representing: