HomeMy WebLinkAboutSDP 01-17; Dove Family Housing Associates LP; 2003-0846396; Notice of RestrictionDOC # 2003-0846396
JUL 16s 2003 12~54 PM
rnIC1fl RECORDS SAN DIEGO CWNTY RECORDER'S WICE GREGORY J. SKIM, COWY RECOROER FEES: 19.00
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: 1
)
City Clerk 1
CITY OF CARLSBAD )
1200 Carlsbad Village Drive )
Carlsbad, California 92008-1989 1
Space above this line for Recorder's use
ParcelNo. '3-1 3 - 112 '07
NOTICE CONCERNING AIRCRAFT
ENVIRONMENTAL IMPACTS
CASE NO: SDP 01-17 - La Costa Greens Affordable Site
This Declaration and Notice Concerning Aircraft Environmental Impacts is made by
Dove Family Housing Associates, 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:
B. The property is located approximately 2 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.
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Noise Form #2 Rev. 03/27/95
r
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 Subdivision Tract
Map (CT 99-03), 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.
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Noise Form #2 Rev. 03/27/95
1
FORM: NOISE 2: 3 OF 3
Executed this d day of SULY ,2003.
*OWNER:
Dove Family Housing Associates, L.P.
Susan M. Reynolds
(print name here)
Executive Director, Community HousingWorks, G.P.
(title and organization of signatory)
\ *
By: ,+ $L pa(&
(sip here)
John R. Mawhinney
(print name here)
President, Community HousingWorks, G.P.
(title and organization of signatory)
(Proper notarial acknowledgment of execution by Contractor must be attached.)
(Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant
treasurer must sign for corporations. Otherwise, the corporation must attach a resolution
certified by the secretary or assistant secretary under corporate seal empowering the oficer(s)
signing to bind the corporation.)
(If signed by an individual partner, the partnership must attach a statement of partnership
authorizing the partner to execute this instrument).
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
eputy City Attorney J
Noise Form #2 Rev. 03/27/95
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On &+ a! &003 before me, &c~,d dES’-r
Notary Public, personally appeared [+-I
personally known to me - or [ ] proved to me on the basis of satisfactory evidence to be the
personwhose name@$is/ahesubscribed to the within instrument and acknowledged to me that
Mheltkep executed the same in Mer/&ek authorized capacity&$), and that by Mer/ih&
signaturewon the instrument the persow or the entity upon behalf of which the persow
acted, executed the instrument.
WITNESS my hand and official seal. CARC)LYN J. WEST Commission # 1348710 Notary Public - California
Sin Diego County
(Signature of Notary)
Noise Form #2 Rev. 03/27/95
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of L '3s-i wo
personally appeared GI-cr3 R. Mm~~~~~&
cIKc6*A x dEST
Name and Ttle of Oflicer (e.g., "Jane Doe. Notary Public")
Name@) of Signer@)
)$personally known to me
0 proved to me on the basis of satisfactory
evidence
to be the person@'whose name0 is/-
subscribed to the within instrument and
acknowledged to me that he/sb&bey executed
the same in his/- authorized
capacityw and that by his/-
signatureHon the instrument the persow, or
the entity upon behalf of which the personw
acted, executed the instrument.
WITNE my hand and official L Signature of Notary 4'4 Public
Though the information below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
0 Corporate Officer - Title(s):
0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
0 Guardian or Conservator
Signer Is Representing:
0 1999 National Notary Asxciation * 9350 De Sot0 Ave , PO. Box 2402 - Chatsworth. CA 91313-2402 * wmv.nationalnotary.org Prod No 5907 Reorder: Call Toll-Free 1-800-876-6827