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Brown Field Municipal Airport Land Use Compatibility Plan

Brown Field Municipal Airport Land Use Compatibility Plan

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APPENDIX ASTATE LAWS RELATED TO AIRPORT LAND USE PLANNING1353.PUBLIC UTILITIES CODEDivision 2, Part 4Title 6—Common Interest Developments(excerpts)(a) (1) A declaration, recorded on or after January 1, 1986, shall contain a legal description of thecommon interest development, and a statement that the common interest development is acommunity apartment project, condominium project, planned development, stock cooperative, orcombination thereof. The declaration shall additionally set forth the name of the association andthe restrictions on the use or enjoyment of any portion of the common interest development thatare intended to be enforceable equitable servitudes. If the property is located within an airportinfluence area, a declaration, recorded after January 1, 2004, shall contain the followingstatement:NOTICE OF AIRPORT IN VICINITYThis property is presently located in the vicinity of an airport, withinwhat is known as an airport influence area. For that reason, the propertymay be subject to some of the annoyances or inconveniences associatedwith proximity to airport operations (for example: noise, vibration, orodors). Individual sensitivities to those annoyances can vary from personto person. You may wish to consider what airport annoyances, if any, areassociated with the property before you complete your purchase anddetermine whether they are acceptable to you.(2) For purposes of this section, an “airport influence area,” also known as an “airport referral area,”is the area in which current or future airport-related noise, overflight, safety, or airspaceprotection factors may significantly affect land uses or necessitate restrictions on those uses asdetermined by an airport land use commission.(3) [Omitted](4) The statement in a declaration acknowledging that a property is located in an airport influencearea does not constitute a title defect, lien, or encumbrance.(b) The declaration may contain any other matters the original signator of the declaration or the ownersconsider appropriate.A–53<strong>Brown</strong> <strong>Field</strong> <strong>Municipal</strong> <strong>Airport</strong> <strong>Land</strong> <strong>Use</strong> <strong>Compatibility</strong> <strong>Plan</strong>January 25, 2010

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