HomeMy WebLinkAboutSDP 95-01; Carlsbad Laurel Tree Apartments LP; 1998-0734569; Notice of Restriction. . "
RECORDING REQUESTED BY AND)
WHEN RECORDED MAIL TO: 1
578 OFFICI# REccT(Ds SW DIEGO MoHpl RECORIKR'S OFFICE
FEES: 16.00 W(EGORY J. SnIM, QMTY REWRDER
) City Clerk
CITY OF CARLSBAD 1
)
1200 Carlsbad Village Drive
Carlsbad, California 92008-1989 1
Space above this line for Recorder's use
Parcel No. 212-040-46
NOTICE CONCERNING AIRCRAFT
ENVIRONMENTAL IMPACTS
CASE NO: : GPA 95-01/ZC 95-01LCPA 95-02LFMP 87-OXBKSDP 95-01/HDP 95-01
This Declaration and Notice Concerning Aircraft Environmental Impacts is made by
(name of legal owner) Metropolitan Area Advisory Committee on Anti-Poverty of San Diego
County, Inc., a(n) (individual, corporation, efc.) coruoration , 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.
A.
B.
C.
D.
RECITALS
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:
Parcel 1 of Parcel Map No. 15661, in the City of Carlsbad, County of San
Diego, State of California, filed 5/5/89 as File No. 89-23967 of Official
Records.
The property is located approximately 1/2 mile(s) from the McClellan-Palomar Airport,
City of Carlsbad, San Diego County ,:he "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.
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
579
FORM: NOISE 2: 2 OF 3
E. 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.
F. 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 R&:eCit&, & developer and owner of the property,
does, for itself, and its successors and &signs, give ,the' follo&ng notice:
1. Owner has and shall develop &.property in accordance with Site development Plan
(SDP 95-01), approved by the City of Carisbad, 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 PIan 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 'i&ronmental
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 toihe.fullesi eWi 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
. ..
580
FORM: NOISE 2: 3 OF 3
Executedthis 22nd day of October 1998 ,19-.
*OWNER
Carlsbad Laurel Tree Apts., L.P.
mame of owner)
By:
(sign here)
E. ROGER CALDWELL
(print name here)
SENIOR v.P.. me PROJECT (title and organization of signatory)
By:
(sign here)
(print name here)
(title and organization of signatory)
(Proper notarial acknowledgment of execution by Contractor must be attached.)
(President or vice president AB secretary or assistant secretary must sign for corporations. rf
only one ofJicer signs, the corporaiion must attach a resolution certz9ed by the secretary or
assistant secretary under corporate seal empowering that officer to bind the corporation).
(rf 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
Bv: LA" M
Assistant City Atto
Noise Form #2 Rev. 03/27/95
,I) , . ..
STATE OF CALIFORNIA 581
COUNTY OF SAN DIEGO
On 10/22/98 before me, Gloria Jean Nieto
Notary Public, personally appeared E. Roger Caldwell , [ ] personally
known to me - or [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) ishe subscribed to the wifhin instrument and acknowledged to me that he/she/they
executed the same in hishedtheir authorized capacity(ies), and that by his/her/their signature(s)
on the instrument the person(s), or the entity upon behalf of which the person@) acted, executed
the instrument.
WITNESS my hand and official seal.
Noise Form #2 Rev. 03/27/95