HomeMy WebLinkAboutSDP 05-02; Beckman/Faraday LLC; 2005-0916264; Notice of Restriction002 # 2005-091 6264 I 11111ll1 Ill IIIII lllll Ill11 11111 lllll Ill11 11111 11111 11111 11111 1111 Ill1
OCT 21,2005 4:35 PM
Parcel No. 212-061-08-00
Project Number and Name: SDP 05-02 - Faraday Lot 6 Office Building
NOTICE CONCERNING AIRCRAFT
ENVIRONMENTAL IMPACTS
CASE NO: SDP 05-02
This Declaration and Notice Concerning Aircraft Environmental Impacts is made by
(name of legal owner) Beckmdaradav, LLC, a(n) (individual, corporation, etc.) L.L.C., ,
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 6 of Carlsbad Tract No. 81-10 Unit 1, in the City of Carlsbad, County of San
Diego, State of California, according to map thereof No. 10330, filed in the Office
of the County Recorder of San Diego County, February 18,1982.
B. The property is located approximately 1 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.
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
Noise Form #2 Rev. 03/27/95
FORM: NOISE 2: 2 OF 3
future potential impacts of noise generated by all manner of aircraft including
public, military and private aircrafi 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 8 1 -
- lo), 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 aircrafi 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
43. Executed this 2 / day of T &s! SSR, ,20 b r
*OWNER:
By:
\- (sign here)
(print name here)
tC4.., Lkt
BY:
(sign here)
(print name here)
(title and organization of signatory)
(Proper notarial acknowledgment of execution by Contmctor must be attached.)
(Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant
treasurer must sign for corporations. Otherwise, the corporation must attach a resolution
certified by the secretary or assistant secretaty under corporate seal empowering the officer(s)
signing to bind the cotporation.)
(If signed by an individual pattner, the partnership must attach a statement of partnership
authorizing the parfner to execute this instrument).
APPROVED AS TO FORM:
RONALD R. BALL, .. City Attorney
Noise Form #2 Rev. 03/27/95
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On S- hV 21,- before me, CV lM&. doadk, Nahzn/%blk 1
-c, personally appeared wi\\Llm R. BC&nmvI , [ 3
personally known to me - or K] proved to me on the basis of satisfactory evidence to be the
person(@whose name@ is/- subscribed to the within instrument and acknowledged to me that
he/* executed the same in his- authorized capacityw and that by hisl-r
signature(+ on the instrument the person(+, or the entity upon behalf of which the person@
acted, executed the instrument.
WITNESS my hand and officiaf seal.
(Signature of Notary)
Noise Form #2 Rev. 03/27/95