HomeMy WebLinkAboutMS 01-02; McMillin Montara LLC; 2003-1402551; Notice of RestrictionDOC # 2003-1402551
NOU 219 2003 4=26 PM
OFFICIAL RECORDS 3” DIEGO WY RECORDER’S OFFICE GREGORY J. SHITH, W RECORDER FEES: 26.00 MY: 2 RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: )
)
)
CITY OF CARLSBAD )
1200 Carlsbad Village Drive )
Carlsbad, California 92008-1989 )
Space above this line for Recorder’s use
Parcel No. 168-292-29
NOTICE AND WAIVER CONCERNING AIRCRAFT
ENVIRONMENTAL IMPACTS
CASE NO: MS 01-02
This Notice and Waiver Concerning Aircraft Environmental Impacts is made by
McMillin Montara, LLC, a Delaware Limited Liability Company, herein after referred to as the
“Owner”. Owner is a builder within Calavera Hills a master planned residential community
situated in the City of Carlsbad (“City”), County of San Diego, State of California.
RECITALS
A. The purpose of this Notice and Waiver is to disclose to the fullest extent possible
present and future potential airport impacts by all manner of aircraft which will
generate noise and other environmental impacts associated with the operation of
McClellan-Palomar Airport located in the City (“Airport”).
B. Owner is a builder of a subdivision within Calavera Hills more fully described as:
Portion of Lot 168 and the remained parcel of Map 12951
C. The property is located approximately 3.0 miles from the Airport. The Airport is
operated by the County of San Diego. The Airport operation results in aircraft
and helicopter noise in the area surrounding the Airport, including the Property.
D. Neither City or Owner has any responsibility or control over the operations of the
Airport, including without limitation, the types of flight operations, types of
aircraft (including jet aircraft and helicopters), timing of flight operations, location
of flight patterns or frequency of the flights.
E. It is the desire of the City and 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 fiom the Airport.
Noise Form #2 mod. Mod. 07/01/97
FORM: NOISE 2: 2 OF 3
Furthermore, this Notice and Waiver is for the purpose of disclosing the potential
of hture impacts of noise and other environmental impacts resulting from all
manner of aircraft, including public, private, military and helicopters.
NOW, THEREFORE, in light of the Recitals above, Owner does, for itself, and its
successors and assigns, give the following Notice and makes the following Waiver:
1. Owner has and shall develop the property in accordance with Carlsbad Tract/ Parcel
Map (MS 01-02), approved by the City, which approval includes the requirement of the City that
the development of the Property is consistent with the Land Use Element and Noise Element of
the General Plan of the City. An Environmental Impact Report (“EIR”) has been certified by the
City and the Owner’s development is consistent with the findings of the EIR.
2. The flight operations associated with the Airport may create significant aircraft
environmental impacts affecting the purchasers, tenants and occupants of the Property.
Furthermore, such purchasers, tenants and occupants of the Property reside there subject to such
overflight, sight and sound impacts.
3. The Property shall be held, conveyed, hypothecated, encumbered, leased, rented,
used, occupied and improved subject to this Notice and Waiver. This Notice and Waiver shall
run with the Property and shall be binding upon all parties having or acquiring any right, title or
interest in the property.
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Noise Form #2 Mod. 0710 1/97
FORM: NOISE 2: 3 OF 3
4. Owner acknowledges and accepts these existing and future impacts referenced
herein and forever waives any and all causes of action, and hereby covenants not to sue the City,
its agents, servants or employees as to any damages or injuries resulting from said impacts.
However, such waiver by Owner shall not be deemed to include any waiver of impacts associated
with Airport operations if City should assume control of the Airport in the future.
Signed this ,3>ocL. day of idoQ .r ,2003.
*OWNER:
McMillin Montara, LLC
A Delaware limited liability company
By: McMillin Management Services, L.P.
A California limited partnership
Its: Manager
By: Corky McMillin Construction Services, Inc.
A California corporation
Its: General Partner
&d&&&j. By: lE%vUdu2---
(Proper notarial acknowledgment of execution by Contractor must be attached.)
(President or vice-president AND secretary, or assistant secretary must sign for corporations. If
only one officer signs, the corporation must attach a resolution certified by the secretary or
assistant secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
Noise Form #2 Mod. 07/01/97
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On &d36,m3
Notary Public, personally appeared fi~ ~cm Aersonally
known to me - w+&pmw~ to be the person(s) whose
name(s)Mare subscribed to the within instrument and acknowledged to me that b+@dthey
executed the same in @.@&/their authorized capacity(ies), and that by mr/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.
(Signature ~TNoTary)~
Noise Form #2 Mod. 0710 1/97
GOVERNMENT CODE 27361.7
I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE
DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS:
Name of the Notary: 7 GhGE
Commission Number: I4 387s Oate Commission Expires:
County where Bond is Filed: Sfin DIKO
Manufacturer / Vendor Number: "A I
Place of Execution .< flRcas , 0 Date: 1
-
Signatur
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