HomeMy WebLinkAboutCT 96-08; Kalicki, Jan & Rosalind; 1998-0786624; Notice of Restriction. .
. . 1524 DOG Yd 1998-078&24
DEC 04s 1998 XL:04 CIM
OFFICIAL RECORDS SM DIE60 IXMY RMIRDER’S OFFICE GREGORY &?!ITHv UfTYYfWRDER : .
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: i lnnlMllllW Illlnllniinl~iiiuMin~in~ninililuii City Clerk 1 lQQ6-0766624
CITY OF CARLSBAD > 1200 Carlsbad Village Drive > Carlsbad, California 9200% 1989 )
Space above this line for Recorder’s use c79c -0g’
Parcel No. 206-04 l-20
The undersigned Owner is the Developer and/or Holder of the Title to Certain Real Property in the City
of Carlsbad, County of San Diego, California, more fully described as:
A portion of Tract 232 of Thum Lands, in the City of Carlsbad, County of
San Diego, according to Map 168 1, filed in the Office of the County Recorder
of said County 12/9/l 5.
The following NOTICES are contained in this document:
NOTICE CONCERNING AIRCRAFT ENVIRONMEWAL IMPACTS
NOTICE CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS
RECITALS
A. The purpose of this notice is to disclose to the Eullest 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.
B. The property is located approximately 3 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 to 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 from the Airport.
MULTINOISE.FRM
t2.r 96 -O&J/SDP q +./
Rev. 03/27/95 CN
c3m . 77-04
, . 1525
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 Specific Plan 20 1 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 of 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. 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.
4. 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 impact. Purchaser
acknowledges and accepts these existing and future impacts and waives any and all
causes of action and covenants not to sue the City of Carlsbad, its agents, servants or
employees as to any damages or injuries resulting from said impacts.
IN WITNESS WHEREOF, these Declarations of I) Notice of aircra@ sight and sound
are made this Iti day of OlZK ,I948 .
*OWNER:
(print name here)
(title and organization of signatory)
(print name here)
MULTINOISE.FRM Rev. 03127195
. . 1526
(Proper notarial acknowledgment of execution by Contractor must be attached.)
(President or vice president E secretary or assistant secretary must sign for corporations. If
on/y one officer signs, the corporation must attach a resolution certified by the secretary or
assistant secretary under corporate sea/ empowering that officer to bind the corporation).
(If signed by an individual partner, the partnership must attach a statement of partnership
authorizing the partner to execute this instrument).
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
Bv: %JLL-aWZ
Assistant City Atto
MULTINOISE.FRM 3 Rev. 03/27/95
n .
r .
STATE OF CALIFORNIA
1527
COUNTY OF SAN DIEGO
On 10 * /+/-qg
Notary Public, personally appeare
known to me - or [ ] 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 acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity&s), 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.
MULTINOISE.FRM 4 Rev. 03/27/95