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HomeMy WebLinkAboutHDP 96-14; Hamann Consolidated Inc; 1997-0228867; Notice of Restrictionl , IX # 1??7-0228867 16rlAY-1997 12014 PR OFFrcIhl RECORDS SM DIE# COUNTY RECORDER’S OFFICE RF! GREGORY Sfl;T;; C~~~C~R~R t 16.00 1384 /f; ioo 1.00 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 ) Space above this line for Recorder’s use Parcel No. 212-130-01 NOTICE CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS CASE NO: PM 96-09 This Declaration and Notice Concerning Aircraft Environmental Impacts is made by (name of leg-al owner) Hamann Consolidated Inc a(n) (individual, corporation, etc.) a California Cornoration , herein after referred to as th; “Owner”, as developer of certain real property situated in the City of Carlsbad, County of San Diego, State ofcalifornia. RECITALS A. B. C. . . . . . . The Owner is the developer and holder of the titie to certain real property in the City of Car&bad, County of San Diego, California, more fully described as: Parcel 1 through 5, inclusive, of City of Carlsbad M. S. No. 96-09, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 17830, filed in the Of&e of the County Recorder of San Diego County on March 2 1, 1997 as file No. 97- 129 122 of official records. The property is located approximately mile(s) from the McClellan-Palomar f 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 flights. Noise Form #2 Rev. 03127195 P \ 1385 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 Tract Parcel Map (&?%kM 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. 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 sign&ant 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 anyrig& t&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 q 1386 FORM: NOISE 2: 3 OF 3 Executed this 5th day of May ,19 97 -* *OWNER: Hamann Consolidated Inc. Jeffrev C. Hamann # (print name here) n Consolidated, Inc. of signatory) Sec./Tress,, tla~nn Conso3.&&&ed (title and organiz&ion of signatory) (Proper notarial acknowledgment of execution by Contractor must be attached.) (President or vice president AJUD secr@tary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant -n&y under cutpoWe.~l empowering that officer to bind the corporation) APPROVED AS TO FORM: RONALD R. BALL, City Attorney Noise Form #2 Rev. 03/27/95 1387 STATE OF CALIFORNIA COUNTY OF SAN DIEGO On S/5/9 7 before me, /-jk 917 Notary Public, personally appeared %#,I/ c.&&,, pL ($- , M personab I / known to me - or [ ] proved to me on the basis of satisfactory evidence to be the person(sj whose name(s) &are subscribed to the within instrument and acknowledged to me that he&he/they executed the same in ~tl./their~authtized capacity(k), and that by -lk&er/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 offkial seal. Noise Form #2 Rev. 03J27J95