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Home My WebLink AboutMS 96-08; Rancho Carlsbad Partners; 1997-0544062; Notice of Restriction855 ilC # lPV7-0544062 QCT 30, 15'97 8~04 Af'l OFFECIRL RECORDS %ti DIEGO CDUNTY RECDRDER’S DFFICE GREGORY J. SPIITH, COUNTY RECORDER FEES: 0.00 I IllIll lllll Ill 111111 ll~jllJ~ lllll lllll Ill11 Ill1 II11 Space above this line for Recorder’s use RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) 1 City Clerk > CITY OF CARLSBAD > 1200 Carlsbad Village Drive > Carlsbad, California 92008- 1989 1 Parcel No. 16%050-23,24; 209-060-03 NOTICECONCERNINGAIRCRAFT ENVIRONMENTAL IMPACTS CASE NO: RMHP 96-Ol/MS 96-08 -- This Declaration and Notice Concerning Aircraft Environmental Impacts is made by Ranch0 Carlsbad Partners a California General Partnership, 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: B. The property is located approximately 1% 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. 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. 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. Rev. 03-27-95 - 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 the Residential Mobilehome Park Permit and Minor Subdivision (RMHP 96-01 AND MS 96-08), 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. Rev. 03-27-95 ’ 857 Executed this /g day of OWNER: RANCH0 CARLSBAD PARTNERS, a California CITY OF CARLSBAD general partnership By:The Carlsbad Resident Association, Inc., a California nonprofit mutual benefit Planning Director sl Date ATTEST: ALETHA L. RAUTENKRANZ, City Clerk partnership, Its General Partner By: Carlsberg Mobile Home Inc., a California torpor APPROVED AS TO FORM: RONALD R. BALL, City Attorney By: Dep Abraham Keh, Its General Partner By: Brookvale Terrace Building Company, a California limited partnership, Its General Partner By: (&&&w k&k/‘- r,41 (Proper notarial acknowledgment of executzon by Owner must be attached.) Abraham Keh. Its General Partner By: /(Luhc,i~ Frances Keh, Its General Partner By: Oak Shadows Building Company, a California limited partnership, Its General Partner By: &&kIjk \C&/ ’ AbrahamXeh, Its General Partner By: /v~~czcco(~v Frances Keh, Its General Partner (President or vice president AND secretary or assistant secretary must sign for corporations. If only one o@cer signs, the corporation must attach a resolution cer@ed by the secretary or assistant secretary under corporate seal empowering that oficer to bind the corporation) Rev. 03-27-95 L-4 858 STATE OF CALIFORNIA COUNTY OF SAN DIEGO 1447 before personally appeared d personally known to me - or 0 proved to me on the basis of s%sfactory evidence to be the person@ whose name is/are subscribed to the within instrument and acknowledged to me that M/they executed the same in h&her/their authorized capacity(ies), and that by kidkefltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS mv hand and official seal. I A**AA*A-A ANITA 1. D&in Comm. # 1018946 NOTARY PUBLIC - CALIFORNIA $ San Diem Countv B My Con-m. tiuiies Feb. 27.1 - YYvv-y~ I 859 STATE OF CALIFORNIA COUNTY OF SAN DIEGO On &%cw, / /J 1997 before me, ss/l? .s SN,PfiiC / C Notary Public, personally appeared u,i/,,, & . aeA/e~, 9~ I J /’ ’ Fd personally known to me - or 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name@ is/w subscribed to the within instrument and acknowledged to me that he/she&be+ executed the same in his/her/their authorized capacity(iee), and that by his!h&#beir signaturew on the instrument the person(s), or the entity upon behalf of which the personb) acted, executed the instrument. WITNESS my hand and official seal. (Signature of Notary) , < ” STATE OF CALIFORNIA I 860 COUNTY OF SAN DIEGO On q/74$ 7 before Notary Public, personally appeared q personally known to me - or L 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 capacityties), 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.