HomeMy WebLinkAboutPIP 95-11; Carlsbad Oaks LP; 1996-0347249; Notice of Restriction. . ,?lc # 1996.~34~~49
702 n-3UL-1996 09=39 All
RECORDING REQUESTED BY AND ) OFFIC!RL RECDRDS
WHEN RECORDED RETURN TO ) SAN DIEGO COUNTY RECORDER’S DFuCE
City Clerk ) c* @EGORY ““;T$ ~~~N~~E~E~~R~ER
RF: : 19,oo
City of Carlsbad AF: 9:oo
1200 Carlsbad Village Drive ; tlF: 1.00
Carlsbad, CA 92008 >
;
;
> Space above this line for Recorder’s use
Parcel No. 209-08 l-20
NOTICE CONCERNING AIRCRAFT
ENVIRONMENTAL IMPACTS
CASE NO: PIP 95-11
This Declaration and Notice Concerning Aircraft Environmental Impacts is made by
Carlsbad Oaks Limited L.P., a partnership, 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.
\
That portion of Lot 1 in the Carlsbad Tract No. 74-21, in the City of
Carlsbad, County of San Diego, State of California, according to map thereof
n. 10372, filed in the Office of County Recorder of San Diego County, April 13, 1982.
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:
B. The property is located approximately % 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.
NOISE FORM #2
703
FORM: NOISE 2: 2 of 3
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. Owner has and shall develop the property in accordance with Subdivision PIP
95-11, 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.
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. 3l27l95
I- -
704
FORM: NOISE 2: 3 of 3
Executed this /Yti day of Mdf , 19 9 6 .
*OWNER:
Car&bad Oaks Limited L.P.
effrey C. Hamann -7:
an Properties, Inc.
(print name here) Secretary Treasurer of Volcan Properties, Inc. General Partner
(title and organization of signatory)
(Proper notarial acknowledgment of execution by *OWNER must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations.
If only one officer signs, the corporation 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
rev. 3/27/95
” . -
705
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
before me, Svh’ad 3;: -4 arp/ &h Notary Public,
personally appeared -3-e-f-F E?V c k&w?Mz.hh , w personally
known to me - or [ ] proved to me on the basis of satisfactory evidence to be the person@
whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/&&they executed the same in his/he&.&r authorized capacitydies), and that by
his/h&their signature@ on the instrument the person(s), or the entity upon behalf of which
the person&j-acted, executed the instrument.
WITNESS my hand and official seal.
NOISE FORM #2
rev. 3/27!95
-
* cALl&irbA ALLPURPOSE ACKNOWLEDGMENT 106 No. 5907
before me,
DATE I
personally appeared hH7 - I
NAME(S) OF SIGNER(S)
EG= rsonally 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
0 INDIVIDUAL
c] CORPORATE OFFICER
DESCRIPTION OF ATTACHED DOCUMENT
TITLE(S) TITLE OR TYPE OF DOCUMENT
0 PARTNER(S) 0 LIMITED
0 GENERAL 3
0 ATTORNEY-IN-FACT NUMBER OF PAGES
0 TRUSTEE(S) q GUARDIAN/CONSERVATOR
0 OTHER: r}iy /?6
DATE OF DOCUMENT
SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTIl-QIES) rr;e-Gbw c /$!hm&M
SIGNER(S{OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION l 8236 Remmet Ave., P.O. Box 7184 l Canoga Park, CA 91309-7184