HomeMy WebLinkAboutCT 15-07; St. Clair, Cameron; 2023-0243704; Notice Concerning Proximity or ImpactsDOC# 2023-0243704
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Sep 07, 2023 03 :35 PM
OFFICIAL RECORDS
JORDAN Z MARKS,
SAN DIEGO COUNTY RECORDER RECORDING REQUESTED BY AND)
WHEN RECORDED MAIL TO: )
FEES $248.00 (SB2 Atkins $225.00)
PAGES: 4 )
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 212-272-01 , -02, -03, -04, and -05
Project Number and Name CT 15-07 (DEV15043) -OCEAN VIEW POINT
NOTICE AND WAIVER CONCERNING AIRCRAFT
ENVIRONMENTAL IMPACTS
CASE NO: CT 15-07
This Declaration and Notice Concerning Aircraft Environmental Impacts is made by RREG
INVESTMENTS SERIES LLC, SERIES 1045, a(n) Limited Liability 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 1 through 7, inclusive, of City of Carlsbad Tract No. CT 02-06, in the
City of Carlsbad, County of San Diego, State of California, according to
map thereof No. 16265, filed in the Office of the County Recorder of San
Diego County on April 27, 2018
B. The property is located approximately 1.0 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.
Noise Form #2 Rev. 01/201 3
Assessor's Parcel Number: 212-272-01, -02, -03, -04, and -05
Project Number and Name: CT 15-07 (DEV1 5043) -OCEAN VIEW POINT
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
Parcel Map (CT 15-07), 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. Th is 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 Fonn #2 Rev. 01 /2013
~, A Assessor's Parcel Number: 212-272-01, -02, -03, -04, and -05
Project Number and Name: CT 15-07 (DEV15043) -OCEAN VIEW POINT
Executed this JJ day of ~s l~ , 20~.
*OWNER:
lll?Efu IN v.¢1:> 1-~"1s S et \e < LL(_, <Sc r--c c" 10£ ~
(Name of owner
By:
(sign here) _
Come<n i--.J Si-.C\d1rz
(print name here)
/d,,:V't\ llilf{_~ );yW)t-M,..JsYt'\'"es LL c_ Set\~ 10<t£
(title nd o}ganization of signatory)
By:~
i) 0 (sign here, • c\ .
fl s~.. ,Cc\~ (_fl. tneilicv
(print name here)
V C1ill(r I fei==,b lf\J1;5i)W/\,b'3#t1t'5 }.,.LC 'Se~~ _I..O't~
(title an 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. MCMAHON,.,G+{y Attorney
c{ Id-d-/12
Date
Noise Form #2 Rev. 01 /2013
...
/Ufke 1 lt6i1 j/ (; -
ACKNOWLEDGMENT
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 San Diego
On llu;,url 21t kJAJt before me, Jeff B. Langford, Notary Public
(insert name and title of the officer)
personally appeared ( < vlU/e/'(;2/1 2(i: Ltq;/
who proved to me on the basis of satisfactory evidence teethe 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.
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.
Signature L ., ,,, I/ ~ > (Seal)
JEFF B LANGFORD
Notary Public • Callfornla I
San Di!iO County
'f Commission # 2312359 J
~• My_ Comm. Expires Nov 29,~2023