HomeMy WebLinkAboutPIP 95-03; Mackichan, David & Karen; 1995-0358198; Notice of RestrictionRECORDING REQUESTED BY AND )
WHEN RECORDED RETURN TO 1 City Clerk
City of Carlsbad ; 1200 Carlsbad Village Drive ) Carlsbad, CA 92008 >
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Space above this line for Recorder’s use
Parcel No. 212-092-07
NOTICE CONCERNING AIRCRAFT
ENVlRONMENTAL IMPACTS
CASE NO: PIP 95-03
This Declaration and Notice Concerning Aircraft Environmental Impacts is made
by David A. and Karen B. Mackichan, individuals, 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.
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 43 of Carlsbad Tract No. 81-46 Unit No. 2,
in the City of Carlsbad, County of San Diego,
State of California, according to Map thereof
No. 11288, filed in the Office of the County
Recorder of San Diego Ccunty, July 16, 1985.
B. The property is located approximately 0.5 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.
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 - 1
rev. 3127195
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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 95-03) 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 propert\; and shal! 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.
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NOISE FORM #2 - 2
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FORM: NOlIir 2: 3 of 3 1429 .
Executed this Vw a$ %y of
*OWNER:
(name of *Owner)
By: p%&4 fc w
(sign here)
3kc/ /D A-- ALo%Pvc*
(print name here)
(title and organization of signatory)
By:
(sign here).
A0 B. mcbCrr-tyw)
(print name here)
(title and organization of signatory)
(Proper notarial acknowledgment of execution by *OWNER must be attached.)
(President or vice-president and secretary or assistant secretary must sign for
corporations. If only one officer signs, the corporation must attach a resolution certified
by the secretary or assistant secretary under corporate seal empowering that officer to
bind the corporation.)
Approved as to form:
RONALD R. BALL
City Attorney
NOISE FORM #2
rov. 3/27/w
- I* CALIfVRNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On 7-31-95
personally appeared
**Patricia E. Welker** before me, Notary Public,
**David A. Mackichan and Karen B. Mackichan** I [ ] 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/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.
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NOISE FORM #2
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