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HomeMy WebLinkAboutCUP 03-21; San Diego County; 2004-0174136; Notice of RestrictionDOC # 2004-0174136 MAR 033 2004 4:50 FM OFFICIFIL RECRDS '%I DIE@ COUNTY RECORDER'S OFFICE GREGORY J. SiITH, COUNTY RECORDER FEES: 0.00 RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) 1 City Clerk ) CITY OF CARLSBAD 1 1200 Carlsbad Village Drive ) Carlsbad, California 92008-1989 ) Space above this line for Recorder's use Parcel No. 213-020-18 NOTICE CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS CASE NO: CUP 03-21 This Declaration and Notice Concerning Aircraft Environmental Impacts is made by Countv of San Diego, a political subdivision of the State of California, 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: A portion of Lot G of Rancho Agua Hedionda, according to Map No. 823, filed in the Office of the County Recorder of San Diego County, State of California on November 16, 1896 B. The property is located approximately .25 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. ... ... ... Noise Form #2 Special Agreement Approved by City Attorney 02/04/04 FORM: NOISE 2: 2 OF 3 C. 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. D. 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 environment a1 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 Conditional Use Permit (CUP 03-15) 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 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. 3. 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. 4. 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 Special Agreement Approved by City Attorney 02/04/04 FORM: NOISE 2: 3 OF 3 Executed this /&A day of "tipzuwy ,20 of *OWNER: (Name of owper) (print ame here) p' (title and organization of signatory) BY: (sign here) (print name here) (title and organization of signatory) APPROVED AS TO FORM: ROmR. BALL, City Attorney - . Deputy City Attorney Noise Form #2 Special Agreement Approved by City Attorney 02/04/04 ... . STATE OF CALIFORNIA COUNTY OF SAN DIEGO ss On February 12,2004 and for said County and State, personally appeared before me, GREGORY J. SMITH, AssessorRecordedCounty Clerk in John J. McTighe ~ 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 hishedtheir 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. GREGORY J. SMITH, Assessor/Recorder/County Clerk BY w /&53& DOUGLAS DUBOIS - Deputy