HomeMy WebLinkAboutPUD 03-09A; Barratt American; 2005-0335457; Notice of RestrictionDOC # 2005-0335457 I llllllll Ill IIIII Ill11 11111 111ll1lll1111ll IIIII Ill11 11111 111ll11111111
APR 21,2005 4:47 PM f3i 'M
RECORDING REQUESTED BY AND)
WHEN RECORDED MAIL TO:
OFFICIAL RECORDS SAN DlEGO COUNTY RECORDER"; OFFICE GREGORY J. SMITH, COUNTY RECORDER
PAGES. FEES: 16.00
4
1200 Carlsbad Village Drive 1 Carlsbad, California 92008-1 989 )
Space above this line for Recorder's use
Parcel No. 213-250-01 - 30
NOTICE CONCERNING AIRCRAFT
ENVIRONMENTAL IMPACTS
CASE NO: PUD 03.09(A)
This Declaration and Notice Concerning Aircraft Environmental Impacts is made by
Barratt American, a corporation, hereinafter 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. City of Carlsbad, County of San Diego, California, more fully described as:
Lots 1 through 25 of CT 02-19 per Map No.14892 recorded in the San Diego
County Recorder dated October 8,2004.
B. The property is located approximately 2 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.
Noise Form #2 Rev. 03/27/95
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 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
Parcel Map CT 02-19, 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.
Noise Form #2 Rev. 03/27/95
FORM: NOISE 2: 3 OF 3
Executed this bfL dayof pi / ,20 os.
*OWNER:
G . JACK BECKER-
(print name here)
PRESIDENT OF Sm DLE;GO DIWUN (title and organization of signatory)
BY:
(sign he re)
(print name here)
(title and organization of signatory)
(Proper notarial acknowledgment of execution by Contractor must be attached.)
(Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant
treasurer must sign for CoqJorations. Otherwise, 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 paltner to execute this instrument).
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
By:
B$dy City Attorney flak
Noise Form #2 Rev. 03/27/95
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
6
On APV;I b; ZJDG before me, LISa M* Corn
Notary Public, personally appeared 6. 3ock T#ecbr !Bl
personally known to me - or 0 proved to me on the basis of satisfactory evidence to be the
personM whose nameM is/- subscribed to the within instrument and acknowledged to me
that he/&&wy executed the same in his/- ' authorized capacityw, and that by
his/h%be+ signatureM on the instrument the personM, or the entity upon behalf of which the
persond acted, executed the instrument.
WITNESS my hand and official seal. -
Noise Form #2 Rev. 03/27/95