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.
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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.
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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