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