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Home My WebLink AboutSDP 97-05; KREG/OC LP; 1997-0391657; Notice of Restrictionc 490 RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) 1 City Clerk 1 CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 Space above this line for Recorder's use Parcel No. 21 1-022-19 NOTICE CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS CASE NO: SDP 97-05KDP 97-09 This Declaration and Notice Concerning Aircraft Environmental Impacts is made by KREG-OC, L.P., a California limited 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 7 of Carlsbad Tract No 94-09, Carlsbad Ranch, Unit No. 1, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 13357, filed in the Office of the County Recorder of San Diego County, September 11, 1996, excepting therefrom all that portion of said Lot 7, more particularly described as follows: Beginning at the northwesterly comer of said Lot 7; thence along the northerly line of said Lot 7, north 67O 30' 48 '' east 434.00 feet to the northeasterly corner of said Lot 7: thence along the easterly line of said Lot 7, south 22' 29' 12" east, 25.13 feet thence leaving said easterly line, south 67' 30' 48" west, 434.00 feet to a point on the westerly line of said Lot 7; thence along said westerly line, north 22" 29' 12" west, 25.13 feet to the point of beginning. ... Noise Form #2 Rev. 03/27/95 SDP 97-5/COPLi74 B. C. D. E. FORM: NOISE 2: 2 OF 3 The property is located approximately 1 4/10 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. 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. 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 and Coastal Development Permit (SDP 97-05/CDP 97-09), 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. 03/27/95 492 FORM: NOISE 2: 3 OF 3 Executed this ,m day of Ah ,19=. *OWNER KREG-OC, L.P. a California limited partnership By: KREG Operating Co., a Delaware corporation, its General Partner By: (zaZ&4@L Anthony C. BadeaZi Its: Vice President of Kreg Operating Co. - By: Charl&Aldi President of Kreg Operating co. (Proper notarial acknowledgment of execution by Contractor must be attached.) (President or vice president AB secretary or assistant secretary must sign for corporations. only one ofJicer signs, the corporation must attach a resolution certz3ed by the secretary or assistant secretary under corporate seal empowering that ofleer to bind the corporation) APPROVED AS TO FORM: RONALD R. BALL, City Attorney De&ty City Attorney Noise Form #2 Rev. 03/27/95 493 STATE OF CALIFORNIA COUNTY OF SAN DIEGO known to me - or [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) idare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hisher/their authorized capacity(ies), and that by hisher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ?Signature of Notary) Noise Form #2 Rev. 03/27/95 KREG OPERATING CO. INCUMBENCY CERTIFICATE I, Christine A. Rush, hereby certify that I am Secretary of KREG OPERATING CO., a Delaware corporation, and do hereby further certify that the following persons are duly elected officers of the Corporation, hold the offices set forth below their respective names on the date hereof, and are eligible to sign agreements on behalf of the Corporation, and that set forth opposite their name is the genuine signature of such officer: Charles Abdi Senior Vice President Anthony Badeaux Vice President IN WITNESS WHEREOF, I have hereunto set my hand and the seal of said Corporation this 16th day of May, 1997. KREG OPERATING CO. INCUMBENCY CERTIFICATE I, Christine A. Rush, hereby certify that I am Secretary of KREG OPERATING CO., a Delaware corporation, and do hereby further certify that the following person is a duly elected officer of the Corporation, and holds the offices set forth below their respective name on the date hereof, and that set forth opposite their name is the genuine signature of such offiw: / x Charles Abdi Senior Vice President IN WITNESS WHEREOF, I have hereunto set my hand and the seal of said Corporation this 5th clay of May, 1997. Christine V6hi,%%k Rush Secretary KREG OPERATING CO. INCUMBENCY CERTIFICATE I, Christine A. Rush, hereby certify that I am Secretary of KREG OPERATING CO., a Delaware corporation, and do hereby further certify that the following person is a duly elected officer of the Corporation, and holds the offices set forth below their respective name on the date hereof, and that set forth opposite their name is the genuine signature of such officer: Anthony Badeaux Vice President ,. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of said Corporation this 29th day of April, 1997. Secretary Richard M. Omin Raymond J. Pacini Manin J. Krupoff James Watson Dand Mudgett John J. Shephard Steve VanAmburgh Sandra Sciutto Lucy Dunn Lynda Lane John LcMs Don Little Jim Muellcr John Pope Gerald Yahr Charles Abdi Howard Anmistead Jack Hileman Mumy Newon Eric Langford Edward Mountford Lawrence Brore Waltcr Mountford Greg Mickclson Pcter Evans Michael Parker Keith Ross Dentrc Kennsally James Chiboucas Chnstinc Rush - KREG OPERATING CO. President and Chief Opcnting Omcer Executive Vice President. Chief Financial Officer and Treasurer Executive Vice President. Finance Executive Vice President. Division Pmident Exccvtive Vice President, Division President Executive Vice President. Division President Executive Vice President. Division President Senior Vice President and Controller Senior Vice President Senior Vice President, Human Resourtts Senior Vice President Senior Vice President Senior Vice President Senior Vice President Senior Vice President Senior Vice President Vice President Vice President Vice President Vice President Vice President Vice President Vice President Vice President Vice President Vice President Vice President ASS~stant Treasurer Secretary Assistan1 Secretary