HomeMy WebLinkAboutPIP 94-02; Four-Sher Development Company; 1995-0075724; Notice of RestrictionI858
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO
City Clerk City of Carlsbad
1200 Carlsbad Village Drive
Car&bad, CA 92008
3 I! ~~~~-~~~~~~~ 22-FEH-1995 09~21 AM
OFFICIA! RECDRDS Ski4 DIEGD COUNTY RECORDER’S DFFICE GREGORY SMTH, COUNTY RECDRDER FEES: 0. DO
NOTICE CONCERNJNG AIRCRAFT
ENVlRONMENTAL IMPACTS
CASE NO: PIP 94-02
by Four-Sher Development, l&
This Declaration and N tic@onceming Aircraft Environmental Impacts is made
herernafter 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:
The property is located adjacent to 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.
NOISE FORM #2
c 4859
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.
2.
3.
4.
5.
Owner has and shall develop the property in accordance with Planned
Industrial Permit (PIP 9402) 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 Cadsbad.
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.
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.
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.
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
. . ,186O
IN WlTNESS WHEREOF, this Declaration of Notice of aircraft, overflight, sight, and
sound is made this 3 day of f&buAp‘I ) 19%.
Dated: a%&5 By: i)n.LJa, A4 I ?AESh\&Z
&&-&a %F@AW’.MWT ‘%.
Dated: By:
r said County and State,
own to me (or proved to me
ons wtw executed the within
CORPORATION WLEDGEMENT:
ACKNOWLED
WITNESS my hand and official seal.
Notary Public in and for said
County and State
Approved as to form:
RONALD R. BALL
City Attorney
BY
D. Richard Rudolf Assistant City Attorney
NOISE FORM #2
1 -_
CbLIFdRNl-A ALL-PURPOSE ACKNOWLEDGMENT -1861
Stateof California
County of San Diego
On February 2, 1995 beforeme, Debra H. Minard, Notary Public DATE NAME. TITLE OF OFFICER. E.G., 'JANE DOE. NOTARY PUBLIC
personally appeared Dave A. DuFour NaMME,S) OF SIGNER(S)
q personally known to me - OR - 13 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 ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
‘-
capacity(ies), and that by his/her/their
mH.- signature(s) on the instrument the person(s),
cotA4.+mml m-d or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
q/x yd yf%f&d SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF AllACHED DOCUMENT
0 INDIVIDUAL q CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
0 PARTNER(S) 0 LIMITED
0 GENERAL
0 ATTORNEY-IN-FACT NUMBER OF PAGES
0 TRUSTEE(S)
0 GUARDIAN/CONSERVATOR
0 OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING: NAME OF PERscrm,S, OR ENrlrYY(IES,
SIGNER(S) OTHER THAN NAMED ABOVE