HomeMy WebLinkAboutPIP 05-17; Opus West Corporation; 2006-0304422; Notice of Restriction10612 DOC# 2006-0304422
HP
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, California 92008-1989
MAY 01,2006 1:19PM
OFFICIAL RECORDS
SAM DIEGO COUNTY RECORDER'S OFFICE
GREGORY.! SMITH, COUNTY RECORDER
FEES: 17.00
PAGES: 4
2006-0304422
Space above this line for Recorder's use
Parcel Nos. 221-880-05 & 221-880-06
Project Number and Name: PIP 05-17
Opus Point Lots 5 & 6
NOTICE CONCERNING AIRCRAFT
ENVIRONMENTAL IMPACTS
CASE NO: PIP 05- 17
This Declaration and Notice Concerning Aircraft Environmental Impacts is made by
(name of legal owner) c^-as. \\j^>\ C-T>*'^r\><'a,\ i&n _ , a(n)
(individual, corporation, etc.)Cnv Z>o 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. The O wner is the developer and holder of the title to certain real property in the
City of Carlsbad, County of San Diego, California, more fully described as:
Lots 5 & 6 of Carlsbad Tract No. 98-10, Carlsbad Raceway, in the City of
Carlsbad, County of San Diego, State of California, according to map thereof No.
15013, filed in the office of the County Recorder of San Diego County on May 3,
2005 as file No. 2005-371022 of official records.
B. The property is located approximately 1 mile from the McClellan-Palomar
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.
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. 03/27/95
10613
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 (CT 98-10), 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 significant 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 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
10614
FORM: NOISE 2: 3 OF 3
Executed this > day of __/Lt<_ _ , 20
"OWNER:
By:
(sign here)
Paul A. Marshall
Senior Vice President
(print name here)
(title ana organization of signatory)
By:
(sign here)
(print name here)
(title and organization of signatory)
(Proper notarial acknowledgment of execution by Contractor must be attached.)
(Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant
treasurer must sign for corporations. Otherwise, the corporation must attach a resolution
certified by the secretary or assistant secretary under corporate seal empowering the officer(s)
signing to bind the corporation.)
(If signed by an individual partner, the partnership must attach a statement of partnership
authorizing the partner to execute this instrument).
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
By:
As&fstant City Attorney
Noise Form #2 Rev. 03/27/95
10615
STATE OF CALIFORNIA
COUNTY OF SAM DIEGO
On fanl If>,'2a0b> before me, //V U^dUf^f A^/W/iir t =* — j -f T
Notary Public, personally appeared PflU/ fllftrsfyft.fl _ , [ ]
personally known to me - or [-^proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are- subscribed to the within instrument and acknowledged to me that
he/aho/thoy executed the same in his/her/their authorized capacity(ies), and that by his/liei/lhe»-
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 official seal.
Noise Form #2 Rev. 03/27/95