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HomeMy WebLinkAboutSDP 02-06; Palomar Cannon Partnership; 2003-0846395; Notice of RestrictionDOC 8 2003-0846395 JUL 169 2003 12~54 PM mIcI# REm SfW DIEGO a"TY REUWIDER'S OFFICE RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) ) City Clerk ) CITY OF CARLSBAD ) 1200 Carlsbad Village Drive ) @ Carlsbad, California 92008-1989 ) Space above this line for Recorder's use Parcel No. 2 1 1 - 100-04 NOTICE CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS CASE NO: Ocean Ridge at Carlsbad Ranch - SDP 02-06/CDP 02-21 This Declaration and Notice Concerning Aircraft Environmental Impacts is made by Palomar Cannon Partnership, a 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: Lot 12 of Carlsbad Ranch 94-09, Carlsbad Ranch Units 2 and 3, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 13408 filed in the Ofice of the County Recorder of San Diego County, April 1, 1997. B. The property is located approximately 1 112 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 aircrafi 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. 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. 1.. ... Rev. 03/27/95 Noise Form #2 FORM: NOISE 2: 2 OF 3 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 Site Development Plan SDP 02-06, 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 hllest 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 day of - JuQ 9 20 03. mame of ownerj By: I, I (sign here) I (print name here) (&le and organization of sidatory) (Proper notarial acknowledgment of execution by Contractor must be attached.) (Chairman, president or vice-president and secretary, assistant secretaiy, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the oficer(s) signing to bind the corporation.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument). APPROVED AS TO FORM: RONALD R. BALL, City Attorney Noise Form #2 Rev. 03/27/95 STATE OF CALIFORNIA J 1 isfactory evidence to be the acknowledged to me that , and that by his/her/their f of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ~ (Signature of Notary) \ STATE OF CALIFORNIA COUNTY OF ORANGE On July 1st 2003, before me, Kari Lyn Basham, Notary Public, personally appeared C,hrt$ MWQb t%3L LEE- , personally known to me subscribed to the hith'n instrument and acknowledged to me j&LLll capacity, and that by person>cted, executed the instrument. signatureSon the instrument the personsor the entity upon behalf of which the . WIdSS my hand and official sea{ Noise Form #2 Rev. 03/27/95