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HomeMy WebLinkAboutCT 2018-0001; Aviara LP; 2022-0193862; Notice Concerning Proximity or ImpactsDOC# 2022-0193862 111111111111 lllll 111111111111111 lllll lllll lllll lllll 111111111111111111 May 04, 2022 12:40 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES: 4 RECORDING REQUESTED BY AND) WHEN RECORDED MAIL TO: ) 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 212-040-56-00 -----------'--=---'--"--=-==--=--- Project Number and Name CT 2018-0001 , SOP 2018-0002 , CDP 2018-0005, HOP 2018-0001 , HMP 2018-0001 (DEV2017-0033)- AVIARA APARTMENTS NOTICE AND WAIVER CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS CASE NO.: CT 2018-0002 This Declaration and Notice Concerning Aircraft Environmental Impacts is made by Aviara, LP, a Delaware 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: That certain portion of Lot "G" 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 th e County Recorder of San Diego County, further described in Exhibit A of Preliminary Title Report from Fidelity National Title Company Order No. 997-30006515-1 MB B. The property is located approximately 0.64 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. Noise Form #2 Rev. 01/2 01 3 .. Assessor's Parcel Nurnber(s): 212-040-56-00 Project Numbers: CT 2018-0001, SDP 2018-0002, CDP 2018-0005, HDP 2018-0001, HMP 2018-0001 (DEV2017-0033) Project Name: AVIARA APARTMENTS 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 2018-0001), 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 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. 01 /2013 Assessor's Parcel Number(s): 212-040-56-00 Project Numbers: CT 2018-0001, SOP 2018-0002, CDP 2018-0005, HOP 2018-0001 , HMP 2018-0001 (DEV2017-0033) Project Name: AVIARA APARTMENTS Executed this S"" 7H-day of _A_pr_il _________ , 20.E_. *OWNER: Aviara LP, a Delaware limited partnership By: Aviara Genpar, LLC, a Delaware limited liability company, its General Partner (Nam~rrcrwvner) By: R&V vestment Corporation, a California corporation, its Manager Scott Dale (print name here) President (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.) (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 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 ~QJ 04= ssistal1tt;ity Attorney c_ I fc fi f.a,J- Date Noise Form #2 Rev. 01 /2013 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 E000080008000t.., a o a U100000co:O=0:o:e:O00~:e:o:0~0:o:o o □=ooooo:et:1tJ~:80)0i1 cooce,000000000 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 ,SAtJ Die.('.) 0 } On AP-a.IL '5, 2.02'2. before me, {£.SL\ PALt-11€".:2, ('JcTA~'z'. Pusq <- Date Here Insert Name and Title of the Officer personally appeared ____ 0_(.,_0_T_T.;,____;:_D___:_A,._,L=E=------------------- Name(1) of Signer(jl) who proved to me on the basis of satisfactory evidence to be the person(;) whose name(1) is/~ subscribed to the within instrument and acknowledged to me that he/she.4Aey executed the same in his/1:loF/tAeif authorized capacity(l.96¼, and that by his/AOFttRcir signature(I() on the instrument the person(1), or the entity upon behalf of which the person(.t) acted, executed the instrument. •••••••• f LESLI PALMER Notary Public • California z San Diego County ii; Commission # 2309925 - y Comm. Expires Oct 21, 2023 Place Notary Seal and/or Stomp Above I certify under PENAL TY OF PERJU RY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature-~----· .,__f2_~----- Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description o ached Document Title or Type of Docu Signer(s) Other Than Named Above: _ __.:~::---------------------- Capacity(ies) Claimed by Signer(s) Signer's Name: _____________ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General D Individual D Trustee D Other: □ Attorney in Fact □ Guardian or Conservator Signer is Representing: _________ _ Signe ame: ____________ _ □ Corporat □ Partner - D Individual □ Trustee D Other: Attorney in Fact □ G ·an or Conservator Signer is Representing:--------=:,...,,.-- 0000800:0ll:f:I 18000000i(] o.::0u:0=1 1:1 El I IJOllll0090118000:fJ:O:O:o:o:o O O:OIJfJOOOOOID II 1a ICI II 1:1 100:o=o.oe000080008000 ©2018 National Notary Association