HomeMy WebLinkAboutSDP 97-12; Spieker Properties LP; 1998-0362387; Notice of Restriction-; .>r:- 7 ~ :---::.- Ay -:*: __-- :- .i -- -- - i_u J -T r <-$%--.j 7 ";. - -js 'T ** * ' ~l~l~l~~l~~~llllll~~~~~~~
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RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: 1
)
City Clerk 1
CITY OF CARLSBAD 1
1200 Carlsbad Village Drive )
Carlsbad, California 92008-1989 )
Space above this line for Recorder's use
Parcel No. 21 1-100-03 & 0:
NOTICE CONCERNING AIRCRAFT
ENVIRONMENTAL IMPACTS
CASE NO: SDP 97-12/CDP 97-26
This Declaration and Notice Concerning Aircraft Environmental Impacts is made by (name q
legal owner) Spieker Properties, L.P. , a(n) (individual
curpuration, etc.) California limited partnership , herein aftei
referred to as the "Owner", as developer of certain real property situated in the City of Carlsbad, Count)
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 o-
Carlsbad, County of San Diego, California, more fully described as:
B. The property is located approximately 1.3 mile(s) from the McClellan-Palomai
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 01
the air flight operation and the fact that purchasers may be subject to overflight, sigh1
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.
C.
D.
E.
Noise Form #2 Rev. 03/27/95
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129 2OF.
NOW, THEREFORE, in light of the above Recitals, as developer and owner of the propertj
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 anc
Coastal Development Permit (SDP 97-12/CDP 97-26), approved by the City of Carlsbad
which approval includes the requirement of the City of Carlsbad, that the development o
the property is consistent with the Land Use Element and Noise Element of the Genera
Plan of the City of Carlsbad.
That Owner has no responsibility or control over the operation of the Airport, includinj
without limitation, the types or number of flight operations, types of aircraft (includinl
jet aircraft), timing of flight operation, or frequency of flights.
That the flight operations to the Airport may create significant aircraft environmenta
impacts affecting the purchasers, tenants and occupants of the property and thai
purchasers, tenants and occupants of the property reside there subject to such overflight
sight and sound.
The property shall be held, conveyed, hypothecated, encumbered, leased, rented, used
occupied and improved subject to this Declaration and Notice. This Notice shall rur
with the property and shall be binding upon all parties having or acquiring any right, title
or interest in the property.
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.
2.
3.
4.
5.
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Noise Form #2 Rev. 03/27/95
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130
3OF:
Executed this 6% day of !'&v ,19 98.
"0 WNER:
(Name of owner)
By:Spieker Properties, L.P.,
a California limited partnership
By: Spieker Properties, Inc.,
a Maryland corporation
Its: GenerakPartner
A',
-/--
/
(sign here) dl---=-
i I !,/-?,/, , ,I' ,&:A J ,<" c7 - /-
Richard L. Romney
(print name here)
Senior Vice President, Spieker Properties, Inc.
(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 presrdenf Q secretary or assistant secretary musf sign for corporafions. It
only one officer signs, the corporation must attach a resolution certified by the secretary or
assistant secretary under corporate seal empowering that officer 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 Forin #2 Rev. 03/27/95
T a 0 -.
I31
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
subscribed to the within instrument and acknowledged to me that he/&&ky executed the same ir
his/-&- authorized capacity&$ and that by hisl-ir signature@) on the instrument th<
person( >; or the entity upon behalf of which the person(# acted, executed the instrument. 7
WJTNESS my hand and official seal.
(Signature of Notary)
Noise Form #2 Rev. 03/27/95