HomeMy WebLinkAboutCUP 96-07; JCM TOM Company; 1997-0510070; Notice of Restriction.9pC # 1~~?-~5~~~?~
Cjb 14. 1997 9-43 AFi
977 SkN DIE@ COUNTY RECORDER'S OFFICE OFFICIAL RECORDS
GREGORY 3. SilITti* COUNTY RECORDER FEES: 19.00
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: )
) City Clerk )
CITY OF CARLSBAD )
1200 Carlsbad Village Drive 1
Carlsbad, California 92008-1989 ) fi& ab6vethi~line for Recorder's use
' ' ' Pariel ~o.Zll-Q50-06/portion of 21 1-040-35
NOTICE CQNC@NING AFlRcRAF"E,
ENVIR &PACTS
CASE NO: SW 96-051CUP 9647KDP 96-06ISDP 90-05(B)
This Jkdaration, and Notice Concerning Aircraft Environmental Impacts is made by
JCM TOM Company, a California general pahership herein after referred to as the
"Owner", and CARL KARCHER ENTERPRISES, Inc., a California corporation, herein
after referred to as the "Developer", as owner and developer of certain real property situated in
the City of Carlsbad, County of San Diego, State of California.
RECITAL3
i
A.
B.
C.
The'Developer and Owner are the developer 'and hold& of the title, respectively,
to certain real-property in the City of Carlsbad, County of San Diego, California,
more llly descriW as:
Parcel 3 of Parcel Map No. 195 as recOrded.on January 30, 1970 in San Diego
County. File No. 18100 and a portion of Parcel 2 of Parcel Map No. 17542 as
recorded on June 27,,4995:ln.S& County: 'File No. 1995-0267703
The property is located apprckimately 2 mile(s) from the McClellan-Palomar
Airport, City of Carlsbad, San Diego C.ounty (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.
Developer and Owner have 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 Rev. 03/27/95
A
I
FORM: NOISE 2: 2 OF 3
D. It is the desire of Developer and 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 Iight of'the above &&ifals;aS developer and owner of the
property, do, for themselves, and their successors and assi$ns, give the following notice:
1.
2.
3.
4.
5.
Developer has and shall develop the property in accordance with Site
Development Plan (SDP 96-05.>, approved by the City of Carlsbad, which
approval includes the requirement ofthe 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 and Developer have nb 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 purchasbrs, 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 propetty and shall be binding upon all parties having or
acquiring any right, ti&'m~i&erest in t&tirogeriy.
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. 03/27/95
979
FORM: NOISE 2: 3 OF 3
Executed this 31-d day of ,19-. 97
*OWNER *DEVELOPER
r WkLp Carl Karcher Enterprises, Inc.
(Name of dwner) (Name of Developer)
(sign here)
To& d. TOM ,. ,,.,, . ,
(print name. here) wit narne here)
s,, ucc scrr: &,{, Carl Karcher Enterprises Inc (title and organization of signatory)
By:
(sign here)
P0OG.r A. ~fl1U-olJ
(print name here) (print name here)
..
(Proper notarial acknowledgment of execution by Contractor must be attached.)
(President or vice pre secretary. 01 a&tsiant secretary must sign for
corporations. If only one the COQM 9f.afiach a resolution certified
by the secretary or assistant secretary under corpokte seal empowering that officer to
bind the corporation)
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
Noise Form #2 Rev. 03/27/95
I-
,.
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
"or Mproved to me on the basis of satisfactory evidence to be the personM whose
name(,$ islye subscribed to the within instrument and acknowledged to me that he,kh&&y
executed the same in hi's- authorized capc,ity&&), and that by signature@
on the instrument the person(#@, or the entity upon behalf of which the perso& acted, executed
the instrument.
I
WITNESS my hand and official seal.
Noise Form #2 Rev. 03/27/95
A.
Unit No. 330
STATE OF CALIFORNIA )
1 COUNTY OF ORANGE )
On September 3, 1997, before me, the undersigned Notary Public, personally appeared
LOREN PANNIER, Senior Vice president and ROBERT A. WILSON, Vice President, personally
known to me to be the persons whose names are subscribed to the within instrument and
acknowledged to me that they executed the same in their authorized capacities as officers of CARL
KARCHER ENTERPRISES, INC., a California corporation, and that by their signatures on the
instnmmt these persons, or the entity upon behalf of which these persons acted, executed the
instrument.
WITNESS my hand and official seal.
&g$&?Vd J. Q!
CAPACITY CLAIMED BY SIGNERS DESCRIPTION OF ATTACHED DOCUMENT
CORPORATE OFFICERS
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
SIGNERS ARE REPRESENTING
CARL KARCHER ENTERPRISES, INC.,
a California corporation DATE OF DOCUMENT