Loading...
HomeMy WebLinkAboutPIP 93-02A; Callaway Golf Company; 1994-0260446; Notice Concerning Proximity or ImpactsRECORDING REQUESTED BY, AND WHEN RECORDED RETURN TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive 0FF1C1d RECORaS SRN DIE@ COUNTY RECDRDER'S CFFKE GRENIKY SflITH, CWNTY RECORDER pi ;; f:!i FEES: !,4. $0 Carlsbad, CA 92008 ,., NOTICE CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS CASE NO.: PIP 9?-CS2(,4) - This Declaration and Notice Concerning Aircraft Environmental Impacts is made by CALLAWAY GOLF COMPANY, hereinafter referred to as the llOwner", 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 in Exhibit "A" attached hereto and incorporated herein by this reference. The property is located within two (2) 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 rlights. 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 from the Airport. E. The purpose of this notice is to disclose to the fullest extent possible present and future potential impacts of notice generated by all manner of aircraft including public and private aircraft which will generate noise and other environmental impacts. NOW, THEREFORE, in light of the above Recitals, Owner, as developer and owner of the property, does, for itself, and its successors and assigns, give the following notice: <3 I G) ci 3 -al(A) 1. 2. 3. 4. 5. 1593 Owner has and shall develop the property in accordance with Planned Industrial Permit No. ?3-cZ(A) approved by the City of Carlsbad, which approval includes the requirement of the City of Carlsbad, that the development of the property be 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 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. IN WITNESS WHEREOF, this Declaration of Notice of aircraft, overflight, sight and sound is made this a3g" day of MR&LA , 1994. CALLAWAY GOLF COMPANY, a California corporation By: DONALD H. DYE, Presient 1_ .I k.1 - 1394 THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: STATE OF CALIFORNIA, LOTS 21 AND 22 OF CARLSBAD TRACT NO. 81-46 UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 11287, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 16, 1985. .- mGmln-IwLj state Of California 139$ county of San Dim on March 23, 1994 before me, D. T. McGetchin, Notary Public, , (DAW (NAME. TITLE OF OFFICER I.E,. ".lAJANE DOE. NOTARY PUBLIC") personally appeared Donald H. Dye. (NAME,S~ OF SIGNER(S)) President, Chief Operating Officer, and General Counsel XXpersonally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are sub- scribed 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. D P CAPACITY CLAIMED BY SIGNER(S) 0 INDIVIDUAL(S) t.X CORPORATE OFFICER(S) (at leftl Cl PARTNER(S) ,TITLm~ 0 ATTORNEY IN FACT 0 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR 0 OTHER: SIGNER IS REPRESENTING: (NAME OF PERSON,S~ OR ENTITY,IES,I Callaway Golf Company ATTENTION NOTARY: The information requested below is OPTIONAL. It could. havwer, prevent fraudulent attachment of this certifi~afe to any unauthorized document. THIS CERTIFICATE MUST BE ATTACHED TitleorTypeofDocument Notice Concernine. Aircraft Environmental TO THE DOCUMENT Number of Pages 2 (two) ,,ateofj,oc"me"t March 23, 1994 Impacts DESCRIBED AT RIGHT: Sianer(s) Other Than Named Above none