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Home My WebLink AboutPIP 94-03; Hamann Investment; 1995-0205756; Notice of Restriction’ . ,._ . DOC # 19954205756 16-PlAY-1995 01~54 PII RECORDING REQUESTED BY AND ) WHEN RECORDED RETURN TO 1 UFFICIAL RE’---- City Clerk ; S&N p” I-I-lllUW SXP’ City of Carlsbad GREi-.. _.._ ., IO. oc , .,.“. 1200 Carlsbad Village Drive F Carlsbad, CA 92008 ; &: . ‘i-i lxI#l:; LLUU ~w,x ncJlROER’S OFFICE mY MIT”; CUUN~~~~~C~RG~~ 22.M NOTICE CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS CASE NO: PIP 94-03 This Declaration and Notice Concerning Aircraft Env’ mental Impacts is made by Hamann Investment , a California general partnershiF eretnafter referred to as the IF “Owner”, as developer of certain real property situated in the City of Carlsbad, County of San Diego, State of California. A. B. C. RECITALS 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 48, inclusive of Carlsbad Tract No. 81-48, 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 Recorder of San Diego County, juiy :8, 1985. 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. 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. 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 propertyshatl be~held, conveyed, hypotnecated, encum~bered, 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. 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. . . . . . . . . *... _~: . . . ,- ff87 - IN WlTNESS WHEREOF, thi ircraft, overflight, sight, and sound is made this zyw day of tic , a California partnership Dated: zjtq Iq, I Dated: - .- TATE OF CALIFORNIA, COUNTY OF ) ss. before me, a Notary Public in and and personally kno of satisfactory evidence) to be th executed the within corporation herein e within instrument pursuant to its by-la ard of Directors. CORPORATION ACKNO WLEDGEMENT: SS my hand and official seal. Approved as to form: RONALD R. BALL City Attorney /; .(~_ .~_ I CALIFDRNIA ALL-PURPOSE ACKNOWLEDGMENT State of &..I1 -Fbblr*a 1188 County of SC~ Y\D i e@e On a/aq/&- before me, Sv!#l’a /c.hanr ifln, /Yatarv?U L//‘C , DATE NAME, TITLE OF OFFICER E.G.. ‘JANE DOE, NC&Y PUBLIC personally appeared re44 hldkhhann p NAME(S) OF SIGNER(S, eersonally 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. OPTIONAL 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 q INDIVIDUAL /V&/C&l C~nCPV#14'nj&4CPO-ft 0 CORPORATE OFFICER Cnv,‘rO*mentlll Z*r.IYCtS Cesr, Ho. 7=zP-944 3 TITLE OR TYPE OF DOCUMENT TITLEIS, v PARTNER(S) 0 LIMITED @ GENERAL 3 0 Al-rORNEY-IN-FACT NUMBER OF PAGES 0 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR 0 OTHER: a/a49 5- DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES, SIGNER(S) OTHER THAN NAMED ABOVE FORM: NOlSE2: 3 of 3 . ’ Executed this 5th day of May ,I9 95 . *OWNER: 1189 HAMANN INVESTMENT Jeffrey C. Hamann (print name here) General Partwn; Hamann Investment (title and organisation of signatory) By: (sign here) (print name here) (title and organization of signatory) (Proper notarial acknowledgment of execution by *OWNER must be attached.) (President or vicepresident and secretary or assistant. secretary must sign for corporations. If only one officersigns, the ccrporation must attach a resolution certified by the secretary or~assistant secretary-under corporate seal empowering that officer to bind the corporation.) Approved as to form: RONALD R. BALL City Attorney NOISE FORM #2 m. wzrm , . CAUr3RNIA AU-PURPOSE ACKNOWLEUGMENT I ’ STATE OF CALIFORNIA COUNTY OF SAN DIEGO On 5-/s/45- before me, SV /t/h’& r(c. /~~r~/‘1‘44Notary Public, personally appeared Lse-f4pe\i C I I--/Q h&l7 vl fqr personally known to me - or [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/-subscribed to the within instrument and acknowledged to me that he/sb@hey executed the same in his/her/their authorized capacity(&), and that by his/t&their signature@ on the instrument the person(s), or the entity upon behalf of which the person(+acted, executed the instrument. WlTNESS my hand and official seal. NOISE FORM #2 WV. wwm