Loading...
HomeMy WebLinkAboutCT 16-07; Selna, Marja Dawn; 2021-0623482; Notice Concerning Proximity or ImpactsDOC# 2021-0623482 I IHll 1111111111111111111111111111111111111111111 111111111111111111 Sep 01, 2021 03:31 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $176.00 (S82 Atkins: $150.00) RECORDING REQUESTED BY AND) WHEN RECORDED MAIL TO: ) PAGES: 5 City Clerk CITY OF CARLSBAD ) ) ) ) ) 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 Space above this line for Recorder's use Assessor's Parcel Number Project Number and Name 207-101-35-00, 207-101-37-00 CT 16-07/PUD 16-09/PUD 2018-0007/SDP 2018-0001/ CDP 16-33/ HOP 16-02/SUP 16-02/EIR 2017-0001 (DEV16038) -Marja Acres NOTICE AND WAIVER CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS CASE NO: CT 16-07/PUD 16-09/PUD 2018-0007/SDP 2018-0001/CDP 16-33/ HDP 16-02/ SUP 16-02/EIR 2017-0001 This Declaration and Notice Concerning Aircraft Environmental Impacts is made by Marja Dawn Selna, herein after referred to as the "Owner", of certain real property situated in the City of Carlsbad, County of San Diego, State of California. RECITALS A. The Owner is the holder of the title to certain real property in the City of Carlsbad, County of San Diego, California, more fully described as: Noise Form #2 PARCEL 1: PARCEL "B" OF CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT PLAT FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 30, 2013 AS DOCUMENT NO. 2013-0338927 OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF PARCEL 2 OF CERTIFICATE OF COMPLIANCE FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 22, 1982 AS FILE NO. 82-293200 OFFICIAL RECORDS, SAID POINT ALSO BEING THE NORTHEAST CORNER OF SAID PARCEL "B"; THENCE SOUTH 01°58'54" WEST 315.79 FEET; THENCE SOUTH 64°58'15" WEST 1291.66 FEET; THENCE NORTH 76° 18'48" WEST 361.82 FEET; THENCE NORTH 18°32'12" EAST 525.56 FEET; THENCE NORTH 83°17'35" EAST 654.12 FEET; THENCE NORTH 87°30'41" EAST 333.00 FEET; THENCE NORTH 77°50'00" EAST 275.01 FEET; THENCE Rev. 01/2013 Assessor's Parcel Number: 207-101-35-00, 207-101-37-00 Project Number and Name: CT 16-07/PUD 16-09/PUD 2018-0007/SDP 2018-0001/ CDP 16-33/ HOP 16-02/SUP 16-02/EIR 2017- 0001 (DEV16038) -Marja Acres NORTH 01°58'54" EAST 124.51 FEET; THENCE NORTH 87°27'37" EAST 110.00 FEET TO THE NORTHEAST CORNER OF SAID PARCEL "B". PARCEL 2: Noise Form #2 PARCEL "A" OF CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT PLAT FILED IN THE OFFICE OF THE. COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 30, 2013 AS DOCUMENT NO. 2013-0338927 OFFICIAL RECORDS; PARCEL "A" CONSISTS OF PARCEL 1 OF PARCEL MAP NO. 3451 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 31, 1975 AS FILE NO. 75-023997 OFFICIAL RECORDS AND A PORTION OF PARCEL 2 · OF CERTIFICATE OF COMPLIANCE FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 22, 1982 AS FILE NO. 82-293200 OFFICIAL RECORDS, TOGETHER WITH THAT PORTION OF LOTS I AN.DE OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY NOVEMBER 16, 1986, LYING WITHIN EL CAMINO REAL (COUNTY ROAD SURVEY NO. 682) AS VACATED AND ABANDONED BY RESOLUTION RECORDED DECEMBER 21 , 1976 AS FILE NO. 76-428052 OFFICIAL RECORDS; PARCEL "A" IS DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 1; THENCE ALONG THE NORTHERLY PROLONGATION OF THE WESTERLY LINE OF SAID PARCEL 1, .NORTH 18°32'12" EAST, 11.32 FEET TO A POINT ON THE ARC OF A NON-TANGENT 1673.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POI.NT BEARS SOUTH 26°43'20" WEST, SAID CURVE BEING SOUTHERLY AND CONCENTRIC WITH THE CENTERLINE OF ROAD SURVEY 1800-1, ON FILE IN THE OFFICE OF COUNTY SURVEYOR OF SAN DIEGO COUNTY; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22°59'39" AN ARC DISTANCE OF 671 .41 FEET TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL 1, A RADIAL LINE TO SAID POINT BEARS NORTH 3°43'41" EAST; THENCE NON-TANGENT TO SAID CURVE AND CONTINUING ALONG THE NORTHER_L Y LINE OF SAID PARCEL 1 NORTH 87°27'37" EAST, 205.36 FEET TO THE NORTHEAST CORNER OF SAID PARCEL 1, SAID POINT ALSO BEING THE NORTHWEST CORNER OF SAID PARCEL 2; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 2 NORTH 87°27'37" EAST, 263.56 FEET; THENCE LEAVING SAID NORTHERLY LINE SOUTH 01 °58'54" WEST, 124.51 FEET; THENCE SOUTH 77°50'00" WEST, 257.37 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL 1; THENCE SOUTH 77°50'00" WEST, 17.64 FEET; THENCE SOUTH 87°27'37" WEST, 333.00 FEET; THENCE SOUTH 83°17'35" WEST, 654.12 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL · 1, SAID POINT ALSO BEING THE NORTHWEST CORNER OF SAID PARCEL 2; THENCE NORTH 18°32'12" EAST, 440.00 FEET TO THE POINT OF BEGINNING. Rev. 01/2013 Assessor's Parcel Number: 207-101-35-00, 207-101 -37-00 Project Number and Name: CT 16-07/PUD 16-09/PUD 2018-0007/SDP 2018-0001/ CDP 16-33/ HOP 16-02/SUP 16-02/EIR 2017- 0001 (DEV16038) -Marja Acres B. The property is located approximately 1.9 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 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 the Tentative Tract Map, Residential Planned Development Permit, Nonresidential Planned · Development Permit, Site Development Plan, Coastal Development Permit. Hillside Development Permit, Special Use Permit and Environmental Impact Report (CT 16-07/PUD 16-09/PUD 2018-0007/SDP 2018-0001/CDP 16-33/HDP 16-02/SUP 16-02/EIR 2017-0001), 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 c·ontrol 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 cr.eate 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. 01/2013 Assessor's Parcel Number: 207-101-35-00, 207-101-37-00 Project Number and Name: CT 16-07/PUD 16-09/PUD 2018-0007/SDP 2018-00011 CDP 16-33/ HOP 16-02/SUP 16-02/EIR 2017- 0001 (DEV16038) -Marja Acres Executed this *OWNER: (Name of owner) dayof f)~ By: 17Luj-,f1ww;f_d,,.._,_---- (sign here) /v\A·RJA DAWN SBLNA (print name here) (title and organization of signatory) By: (sign here) (print name here) (title and organization of signatory) , 20 J_/ . (Proper notarial acknowledgment of execution by co·ntractor 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 µnder corporate seal empowering the officer(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). CITY OF CARLSBAD APPROVED AS TO FORM: CELIA A. BREWER, City Attorney By pu ~ Date Noise Form #2 Rev. 01/2013 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Or""t) C:,. } On ---=-1_\-o"-.\-_,__, -'~"""'"'--'\..,_,f-+-I .;c...Z."'--D _"-_'-__ before me, --~-----'-'oJ\'---~-'o--'-11<-=~'--"'-+-J _N_cA.._r_,~----'f_\9_~_\ :_L-_ _, Date Here Insert Name and Title of the Officer personally appeared __ M_· __ '\_,f',""~a_-'--__ i)_<!,._\0_•_'1'--__ ,._.~'-~>-<--IA.._°'-_______________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their 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(s) acted, executed the instrument ········1 JOEL GORDON Notary Public • California : Orange County ~ Commission I 2343122 y Comm. Expires Jan 23, 2025 Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. s;gnature ~ ~u~otary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: I\! c.,'\--~e,.e_ ~ Wt;.lvt-,-lo"JC.er"}"~ A;,c-lr•c C..\- Document Date: _____________________ Number of Pages: __ l-\ __ _ Signer(s) Other Than Named Above: ______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ____________ _ D Corporate Officer -Title(s): _______ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General ' o Partner -□ Limited □ General D Individual o Trustee D Other: o Attorney in Fact □ Guardian or Conservator Signer is Representing: _________ _ □ Individual o Attorney in Fact D Trustee o Guardian or Conservator D Other: Signer is Representing: _________ _ ~~~~~~~~~J!,~~~J>'.iJ:t!'lf!i'J!i'k_~ ©2019 National Notary Association M1304-09 (11/20)