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HomeMy WebLinkAboutPIP 94-03; AALTO Scientific, Ltd.; Planned Industrial Permit (PIP) (5)Karch 20, 1995 Gregory J. Smith County Recorder PO Box 1750 San Diego CA 92112-4147 Enclosed for recordation are the-following-described documents: Notice Concerning Aircraft Environmental Impacts Hamann Investment PIP 94-03 Hold Harmless Agreement - Drainage Aviara Land Associates CT 90-34; APN: 215-040-23 & 216-111-08 Also enclosed are instructions on how the City is to be billed for the recordation fees incurred in recording these documents. Thank you for your assistance with this matter. KATHLEEN D. SHOUP Senior Office Specialist 1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-2808 @ May 26, 1994 RECORDING FEES FOR THE CITY OF CARLSBAD AlTN: AI Arocho Program Development Specialist Per an existing agreement between Scott Evans of the City of Carlsbad Engineering Department and Margaret Stahl of the San Diego County Recorder’s Office, dated March 6,1990, please charge all recording fees on documents recorded for the City of Carlsbad to the City of Carlsbad. The City of Carlsbad contact person is Frank Jimeno at telephone number 61 9-438-1 161, extension 4501. Please forward charges to: CITY OF CARLSBAD ENGINEERING DEPARTMENT AllENTION: FRANK JIMENO 2075 LAS PALMAS DRIVE CARLSBAD, CA 92009-1 578 SHERRI HOWARD Associate Engineer F:\USERS\SHOWA\WPDATA\RECOFEES.LET 2075 Las Palmas Dr. - Carlsbad, CA 92009-1576 (619) 438-1161 - FAX (619) 438-0894 @ RECORDING REQUESTED BY AND ) WHEN RECORDED RETURN TO 1 City Clerk ) City of Carlsbad 1 1200 Carlsbad Village Drive 1 Carlsbad, CA 92008 ) 1 1 1 1 1 NOTlCE CONCERNING AlRCRAfT ENVIRONMENTAL IMPACTS CASE NO: PIP 94-03 This Declaration and Notice Concerning Aircraft Envi mental Impacts is made by Hamann Investment , a California general partnershig r ereinafter 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: Lot 46, inclusive of Carlsbad Tract No. 81-46, Unit No. 2 in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 11288, filed in the Office of the County Fiecorder of San Dieyo County, July 16, 1955. B. The property is located approximately .09 miles 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. h 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. 2. 3. 4. 5. Owner has and shall develop the property in accordance with Planned Industrial Permit (PIP 94-03) 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. 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. 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. The property shall be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied and improved subject to this Declaration and Notice. This Notice shalhn with the rjroprty and shall be binding upcr; all parties having 'or acquiring any right, title or interest in the property. 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. .... .... .... .. . . IN WTNESS WHEREOF, this Declarati ircraft, overflight, sight, and sound is made this zcf* day of Vpf- a California partnership Dated: +/ I 1 \q,/ , a General Partner TC .8/ Dated: _c_ " - TATE OF CALIFORNIA, COUNTY OF ) ss. CORPORATION ACKNOWL S my hand and official seal. \ Approved as to form: RONALD R. BALL City Attorney .. _, .,.~., .. _.__.- .,. ....,.. ~ ......... ... . .. .. ....."-..._....."_.X.__ -. -. . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of Cd; 40 ~-h A personally appeared f?!=personally known to me - OR - 0 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 ac- knowledged 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. WITNESS my hand and official seal. NAME(S) OF SIGNER(S) Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT #&/c Q Con Cerug'mJ 4rc*1Lf t gnv~'rgnment~l ZmprCts case Mi. FZP-944 3 0 CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT m(s) NUMBER OF PAGES SIGNER IS REPRESENTING: NAME OF PERSON(S) OR EMIP((IES) SIGNER@) OMER MAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave., P.O. Box 7184-Canoga Park, CA 91309-7184