HomeMy WebLinkAboutMS 95-02; Gaitaud, Renee; 1997-0234906; Notice of Restriction. b P l
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al C II 1997-0234906 --- 21-PIAY-1997 10~53 AH
WFICIfk RuxlRDs SM DIE60 IiXlUHTY RECORDER’S OFFICE GRE[;oRy !itf[k COWY~COROER RF: : 16.00 IIF: RECORDING REQUESTED BY AND ) 376 IF: ::i
WHEN RECORDED MAIL TO:
,’
City Clerk 1
CITY OF CARLSBAD >
1200 Carlsbad Village Drive > Carlsbad, California 92008- 1989 1 ~;
Space above this line for Recorder’s use
Parcel No. 246 -/92-oz
NOTICE CCJNCERNlNG AIRCRAFT
BNWRONMENTAL IMPACTS
CASENO: && $?$%z/‘#bP *cc*2
This la&ion and Notice Concerning Aircraft Environmental Impacts is made by
(name of leg&owner) REX&E 0. G-4/TSUD a(n) (individual, w
/.wwmwd~ , herein after referred to as the “Owner”, as developer of
certain real property situated in the City of Carlsbad, County of San Diego, State of California.
RECITALS
A. ‘$%a Owner is the developer and holder of the title to certain real property in the
City of Carl&ad, County of San Diego, California, more fully described as:
B. The #roperty is located approximately 36 miles from the McClellan-Palomar
Airport, City of Carl&&, San Diego County (the “Airport”), operated by the
County of Sian Diago, through which are conducted certain aircraft operations on
and about said Airport and over real property in the viciriity of the Airport.
C. 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
.
,
377
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
Pan& Map @@PM *-Of), approved by the City of Carl&ad, 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 f&g& operations to the Airport may create significant aircraft
enviromental 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, hypothec+%ed, encumbered, leased, rented,
used, occupied and improved subject to this Deolaration and Notice. This Notice
shall run with the property and shall be binding upon all parties having or
acquiring any righti 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. 03127195
\ P 378 \
Executed this 5
za
day of
, 19 ~FRM:NOISE2:3OF3 a ~~
*OWNER:
t2azcee2 (Name of owner)
By:
(sign here)
c
(print name here) <,.c-.“-- .-. - --“I ‘7 .‘ -
(title and organkation of signatory)
By:
(sign here)
(title and orgmkimtim of signatory)
(Proper notarial acknowledgment of execution by Contractor must be attached.)
(President or Vic@ pm&dent AMI secrafary or &s&&ant sacWary must sign for
corporations. If only one’ officer signzq the corporation must attach a resolution certified
by the secretary or assisfanf sa#&ry under corparafa seal empowering that officer fo
bind the corporation)
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
Noise Form #2 Rev. 03127195
379
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On AtprL5.!*l before me, p&k%
Notary Public, personally appeared w bb era-mdb -
known to me - or [
, [ ] personally
9 8
P proved to me on the basis of satisfactory evidence to be the person( whose
name ) is/ e subscribed to the within instrument and acknowledged to me that P
b /she/j$ey
executed the-same i capa&@& and that by h#her/tl#r signature&
on the instrument the person( P , or the entity upon behalf of which the person@) acted, executed
the instrument.
and official seal.
Noise Form #2 Rev. 0312’7195