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HomeMy WebLinkAboutMS 95-02; Gaitaud, Renee; 1997-0234906; Notice of Restriction. b P l c’ al C II 1997-0234906 --- 21-PIAY-1997 10~53 AH WFICIfk RuxlRDs SM DIE60 IiXlUHTY RECORDER’S OFFICE GRE[;oRy !itf[k COWY~COROER RF: : 16.00 IIF: RECORDING REQUESTED BY AND ) 376 IF: ::i WHEN RECORDED MAIL TO: ,’ City Clerk 1 CITY OF CARLSBAD > 1200 Carlsbad Village Drive > Carlsbad, California 92008- 1989 1 ~; Space above this line for Recorder’s use Parcel No. 246 -/92-oz NOTICE CCJNCERNlNG AIRCRAFT BNWRONMENTAL IMPACTS CASENO: && $?$%z/‘#bP *cc*2 This la&ion and Notice Concerning Aircraft Environmental Impacts is made by (name of leg&owner) REX&E 0. G-4/TSUD a(n) (individual, w /.wwmwd~ , 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. ‘$%a Owner is the developer and holder of the title to certain real property in the City of Carl&ad, County of San Diego, California, more fully described as: B. The #roperty is located approximately 36 miles from the McClellan-Palomar Airport, City of Carl&&, San Diego County (the “Airport”), operated by the County of Sian Diago, through which are conducted certain aircraft operations on and about said Airport and over real property in the viciriity 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. . . . . . . . . . Noise Form #2 Rev. 03127195 . , 377 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 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 Pan& Map @@PM *-Of), approved by the City of Carl&ad, 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 f&g& operations to the Airport may create significant aircraft enviromental 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, hypothec+%ed, encumbered, leased, rented, used, occupied and improved subject to this Deolaration and Notice. This Notice shall run with the property and shall be binding upon all parties having or acquiring any righti 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 \ P 378 \ Executed this 5 za day of , 19 ~FRM:NOISE2:3OF3 a ~~ *OWNER: t2azcee2 (Name of owner) By: (sign here) c (print name here) <,.c-.“-- .-. - --“I ‘7 .‘ - (title and organkation of signatory) By: (sign here) (title and orgmkimtim of signatory) (Proper notarial acknowledgment of execution by Contractor must be attached.) (President or Vic@ pm&dent AMI secrafary or &s&&ant sacWary must sign for corporations. If only one’ officer signzq the corporation must attach a resolution certified by the secretary or assisfanf sa#&ry under corparafa seal empowering that officer fo bind the corporation) APPROVED AS TO FORM: RONALD R. BALL, City Attorney Noise Form #2 Rev. 03127195 379 STATE OF CALIFORNIA COUNTY OF SAN DIEGO On AtprL5.!*l before me, p&k% Notary Public, personally appeared w bb era-mdb - known to me - or [ , [ ] personally 9 8 P proved to me on the basis of satisfactory evidence to be the person( whose name ) is/ e subscribed to the within instrument and acknowledged to me that P b /she/j$ey executed the-same i capa&@& and that by h#her/tl#r signature& on the instrument the person( P , or the entity upon behalf of which the person@) acted, executed the instrument. and official seal. Noise Form #2 Rev. 0312’7195