HomeMy WebLinkAboutPIP 94-05; Hamann Construction Company; 1995-0091930; Notice of Restrictiontml
RECORDING REQUESTED BY AND )
WHEN RECORDED RETURN TO 1 City Clerk
City of Carlsbad ; 1200 Carlsbad Village Drive ) Carlsbad, CA 92008
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OFFICIAL RECORDS !#I DIE@ COUNTY i?EC0RDER’S OlTICE GREGORY “QTtk; COUH;;E;ECORDER RF: :
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NOTICE CONCERNING AIRCRAFT
ENVlRONMENTAL IMPACTS
CASE NO: PIP 94-05
This Declaration and Notice Concerning Aircraft Environmental Impacts is made
by Hamann Construction Co. , 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. .I I
RECITALS
A. 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 9 of Carlsbad Tract No. 74-21 according to
Map thereof No. 10372 filed in the Office of the
County Recorder of San Diego County on April
13, 1982.
B. The property is located approximately one 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
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 Planned
Industrial Permit (PIP 94-05) 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
IN WITNESS WHEREOF, this Declaration of Notice of aircraft, overflight, sight, and
sound is made this 17 day of Fcbr oabv , r 19s.
Da&j: 2 - / 7- 7s
Dated:
TE OF CALIFORNIA, COUNTY OF
said County and State,
own to me (we
s who executed the within
orporation executed the within instrument
aws or a resoluti oard of Directors.
\ /
CORPORATION A&NOW&MENT:
Notary Public in and for said
County and State
Approved as to form:
RONALD R. BALL
City Attorney
NOISE FORM #2
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907
State of cu,l; &rn I’& 1163
County of * Scb~~! eq 0
On 93hY95 SVIU .
‘ DATE
before me, .PPl SDP?, A%?bv %A/
NAME, TITLE OF OFFICER - E.G., “JANE DOE, NOTARY PUdlC I’C
personally appeared PaI c. Hama 44 I
NAME(S) OF SIGNER(S)
wersonally known to me - OR - 0 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
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.
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
0 INDIVIDUAL q CORPORATE OFFICER
TITLE(S)
DESCRIPTION OF ATTACHED DOCUMENT
Netice Ctmcerniq &+Ct-af t,
&hVirghh&%~/ *m/=cts CaseN!: F/P 44-b 5
TITLE OR TYPE OF DOCUMENT
ARTNER(S) 0 LIMITED
P GENERAL 3 q ATTORNEY-IN-FACT NUMBER OF PAGES
0 TRUSTEE(S)
; ;;;;;IAN/CONSERVATOR
/a/Q7 g/;/ , DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTllY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION l 8236 Remmet Ave., P.O. Box 7184 l Canoga Park, CA 91309-7164