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HomeMy WebLinkAboutPIP 93-03; Knorr, Steven; 1994-0347843; Notice of Restriction. .’ .~,.. . fi;cir:fi: ;:[-‘I^I .:: . . _. .i ,* 4 :;fi; -;;[.i;, j-r!;pP ;~Cy^&vL.,T;!:i .-r;yr h$~sEr’iQy qy.. i C?gfjy m:‘i’1y );: i i;i-; KC. ,t ~: ,,.,. j il.L. .*, ,.;_ #: T.0; RECORDING REQUESTED BY AND “F: t p,:: WHEN RECORDED RETURN TO Clty Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 i NOTICE CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS CASE NO: PIP 93-03 This Declaration and Notice Concerning Aircraft Environmental Impacts is made by Steven C. Knorr, hereinafter referred to as the “Owner”, as developer of certain real property situated in the City of Carlsbad, County of San Diego, State of California. A. B. C. RECITALS The Owner 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: Lot 47 of Carlsbad Tract No. 81-48, Unit No. 2, in the City of Carlsbad, County of San Diego, State of California, according to the Map thereof No. 11288 filed in th:: Office nf the County Reccrder of San Diego County, July 16, 1985. The property is located approximately 1/4 miles 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. 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. Ic I T 5 h FORM: NOIS, 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 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 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 Planned Industrial Permit PIP, 93-03 approved by the CiV] 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. .? *_ .I A *’ FORM: NOi% 2; 3 of 3 . IN WITNESS WHEREOF, this Declaration of Notice of aircraft, overflight, sight, and sound is made this L$ day of flp@-\L , 19xy I a Notary Public in an By: By: CORPORATION ACKNOWLEDGEMENT: PARTNERgHIP ACKNOWLEDGEMENT: INDIVIDUAO: ACKNOWLEDGEMENT: WITNESS my hand and official seal. Notary Public in and for said County and State - OPTIONAL SECTION - CAPACITY CLAIMED BY SIGNER Tho”gh natme &es “of require Ihe Notary to fill in tile data below, doing so may prove personally appeared 5TE vL h’ CfY/tRL M KNOGY? q CORPORATE OFFICER(S) NAME(S) OF SIGNER(S) TITLE(S) q personally known to me - OR -#p roved to me on the basis of satisfactory evidence f-J PARTNER(S) 0 LIMITED to be the person(s) whose name(s) is/are 0 GENERAL subscribed to the within instrument and ac- 0 ATTORNEY-IN-FACT knowledged to me that he/she/they executed q TRUSTEE(S) the same in his/her/their authorized capacity(ies), and that by his/her/their 0 GUARDIAN/CONSERVATOR signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. SIGNER IS REPRESENTING: SS my hand and official seal. t&WE OF PEw5ON(S, OR ENTnyIES) THIS CERTIFICATE MUST SE AnACHED TO TITLE OR TYPE OF THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES DATE OF DOCUMENT Tim”$l the data requested here is “0, required by law, it could prevent fraudulent reanachmenf Of this form. SIGNER(S) OTHER THAN NAMED ABOVE