HomeMy WebLinkAboutSDP 03-10; Pulte Home Corp; 2004-0174153; Notice of RestrictionDOC # 2004-0174153
DFFICIPA. RECORDS 9% OIEFO COUNTY RECORDER'S OFFICE GREGORY J. SNITHi CWNTY RECORDER FEES: 16.00
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: ) 1
City Clerk )
CITY OF CARLSBAD )
1200 Carlsbad Village Drive ) Carlsbad. California 92008-1 989 1
Space above this line for Recorder's use
Parcel No. 223-616-04-00
NOTICE CONCERNING AIRCRAFT
ENVIRONMENTAL IMPACTS
CASE NO: SDP 03-10
This Declaration and Notice Concerning Aircraft Environmental Impacts is made by
, a(n) (individual, corporation, etc.)
Corporation , herein after referred to as the "Owner", as developer of certain real property
(nume of legal owner)
situated in the City of Carlsbad, County of San Diego, State of California.
Pulte Home Corporation
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:
That portion of Lot 249 of La Costa Vale Unit No. 1, according to Map No. 7457,
in the City of Carlsbad, County of San Diego, State of California, and amended as
shown on Certificate of Compliance recorded November 9, 1981, as Instrument
#81-354864, both on file in the Office of the County Recorder of San Diego
County
B. The property is located approximately 4.3 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 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 Parcel Map JCT 02-
- 04), 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
Executedthis 20 day of JA ~U~~~ ,20 u+. 1
*OWNER:
(sign here) /
---zzeEe7 Ld Q*,-
(print name here)
P7zaBAt#~/2u- PH7
(title and organiz/ation of signatory)
By:
(sign here)
(print name here)
(title and organization of signatory)
(Proper notarial acknowledgment of execution by Contractor must be aftached.)
(Chairman, president or vice-president and secretary, assistant secretary, Cf 0 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 ofXcer(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
eputy City Attorney fi
Noise Form #2 Rev. 03/27/95
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
<b' Tmd 0
On ~cutac)r-~y m? before
Notary Public, personally appeared au&J c - , ry1
personally known to me - to be the
person@ whose name@) is/= subscribed to the within instrument and acknowledged to me that
he/&$* executed the same in hisM/tkb authorized capacityo, and that by hisMW
signaturs on the instrument the person@, or the entity upon behalf of which the person@
acted, executed the instrument.
mission t 1328851 WITNESS my hand and official seal.
(Signature of Note
Noise Form #2 Rev. 03/27/95