HomeMy WebLinkAboutHDP 96-14; Hamann Consolidated Inc; 1997-0074336; Notice of Restriction. i
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DOC # 199790074336 19-FEB-1997 03~13 Pll
08 ICICK RECORDS SAN DIE60 COUNTY RECORDER’5 OFFICE
895 16.00
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: )
1
City Clerk 1 CITY OF CARLSBAD 1
1200 Carlsbad Village Drive 1
Carlsbad, California 92008- 1989 1
Space above this line for Recorder’s use
Parcel No. 212-130-01,02,03,04,05, 06
NOTICE CONCERNIMS AIRCRAFT
ENVlRONltslENT~ IMPACTS
CASE NO: HDP 96-14
This De&ration and Notice Concerning Aircraft Environmental Impacts is made by
HAMANN CW+WKIDATED, INC., a corporation, herein after referred to as the “Over”, as
developer ofc&t&n real property situated in the City of Carlsbad, County of San Diegob State of
California. -.
‘, RECITALS
A. “‘% tier is the developer and holder of the title to certain real property in the
city ofC(az-shad, County of San Diego, California, more fully described as:
B. The property is located approximately % miles from the McClellan-Palomar
Ai ’ C%y of ~~~~~~ San Diego County (the “Airport”), operated by the
County o#!gW;rr tiego? 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 aperations 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. 03127195
bO8 Q9-t
‘ L .
\ 896
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. 0-r h& and shall devel;op the prom in accordance with Subdivision Tract
Parcel Map (PM 96-09), 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. ~,:. Th& Owner has no responsibility or control over the operation of the Airport,
i including without limitation, the types or number of flight opera&is, types of
, aircraft (including jet aircraft), timing of flight operation, or frequency of flights.
3. ’ Tkn& tie fli@ operations to the Airport may create sign&ant aircraft
&rMmmnental impts affecting the purchasers, tenants and occupants of the
pr~p&y and that purchasers, tenants and occupants of the proper& reside there
s&#ct to such overflight, sight and sound.
4. The;property shall be held, conveyed, hypothecated, encumbered, leased, rented,
used, occupied and improved subject tu &S Declaration and Notice. This Notice
shall run with the property and shah 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. 03/27/95
P /7 . I 897
FORM: NOISE 2: 3 OF 3
Executed this 4th day of February , 1gg7 -.
*OWNER:
Hamann Consblidated, Inc.
frey C. Hamann .--
(print name here)
(print name h&J
Chief Finialxi&l Qfficer/Secretary
(title and orgmkza&m oftipatory)
(Proper notarial ackffowk#gment of execution by Contractor must be attached.)
(President or vi& p&dent ry or &&ta*f si~n9tary must sign for
corporations. If only dr’3$ &?cer S&q the corporation must attach a resolution certified
by the secretav or assistant secretary under corporate seal empowering that officer to
bind the corporation)
APPROVED AS TO FORM:
Noise Form #2 Rev. 03127195
898
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On 2/@/97 before me, $J t/ /‘a jk!$ I g&P-/’ St] 1;1
Notary Public, personally appeared~-k%+j c. /k?&&qr, Y$&g?g?Q l , 6cj personally
known to me - or [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) -i&u-e subscribed& the wit&n instrtttnetht and fteknowtedged to me that h&he/they
executed the same in eir authorized capacity(ies), and that by h&he&heir 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 offkial seal.
Noise Form #2 Rev. 03/27/95