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HomeMy WebLinkAboutSDP 2021-0029; Ionis Pharmaceuticals Inc; 2023-0190709; Notice Concerning Proximity or Impacts..... ~ .. DOC# 2023-0190709 1111111111111111111111111111111111111111111111111111111111111111111111 Jul 20, 2023 09:56 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $1 73.00 (SB2 Atkins: $150.00) RECORDING REQUESTED BY AND) WHEN RECORDED MAIL TO: ) PAGES: 4 City Clerk CITY OF CARLSBAD ) ) ) ) 2._ 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 Space above this line for Recorder's use Assessor's Parcel Number 209-120-23-00, 209-120-24-00 . IONIS LOTS 21 & 22 - Project Number and Name SOP 2021-0029(DEV2021-0141) NOTICE AND WAIVER CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS CASE NO: SDP 2021-0029 This Declaration and Notice Concerning Aircraft Environmental Impacts is made by IONIS Pharmaceuticals Inc., a corporation, 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: LOTS 21 AND 22 OF CARLSBAD TRACT NO. 97-13-03, CARLSBAD OAKS NORTH PHASE 3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON MAP THEREOF NO. 16145, RECORDED AS DOCUMENT NO. 2016-7000438, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 13, 2016. B. The property is located approximately 1.25 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 Noise Form #2 Rev. 01 /201 3 Assessor's Parcel Number: Project Number and Name: SOP 2021-0029 (DEV2021-0141)-JONIS LOTS 21 & 22 future potential impacts of noise generated by all manner of ai~craft 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 SOP 2021-0029, 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 fli ght 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: Project Number and Name: SOP 2021-0029 (DEV2021-0141)-IONIS LOTS 21 & 22 Executed this 1_0'§\ day of luvJfc , 2013_ . .... *OWNER: 1on, s fuvroac-r\xhm\ s. Jiac. (Name of owner) By ~ (sign her b\~½~ L· t\-ou ~~ n (print name here) 0Jv 'ti t,r0 (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: CINDIE K. MCMAl-;l-0-N,, City ,Attorney By~ Date Assis~raz;; Noise Fo1m #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 ,5M Vttec,, } On ~lMLO... ~l G14-.3 before me, ~L Eh.VWl..$ f\l.~ Pu.kJUc Date Here Insert Name ~nd TitleofUi Officer personally appeared E\ l~ L t\eiu,g<.fa'.\ 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············f • LAURAL.EAMES : a .,.., .,_ .. -c.11,~,,. , i ~ . • San Diego County ► t . . . Commission II 2324943 - My Comm. Expires Apr 13, 2024 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;goa@e ~ 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 of Attached Document . Title or Type of Document: _N!!..3lllc,LJ:h ......... u-...:<.\!w.t:.l..._...11\o\a..~..,lu'l....,Y,.a.... ________________ _ Document Date: ____________________ Number of Pages: 3 ~ Signer(s) Other Than Named Above: ______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: El1Ulb~ L. Hou..gt.¥,, ~orporate Officer -Title(s): S\JPt l!EO 6 Partner -□ Limited o General o Individual o Trustee D Other: o Attorney in Fact o Guardian or Conservator Signer is Representing:~---------~ '.Pl::n m,.(, CC-LJ b..W~ I +l'\( ©2019 National Notary Association Signer's Name: o Corporate Officer -Title(s): _______ _ o Partner -D Limited o General D Individual o Trustee D Other: D Attorney in Fact o Guardia n or Conservator Signer is Representing: _________ _