HomeMy WebLinkAboutPIP 95-05; Daily, Raymond P.; 1995-0569299; Notice of Restriction14--XC-1595 Il=IP AM
1473
RECORDING REQUESTED BY AND )
WHEN RECORDED RETURN TO
City Clerk ; City of Carlsbad 1 1200 Carlsbad Village Drive ) Carlsbad, CA 92008 ,, ; y-\&
) ;,, /
DFFICIAL RECElRDS
SAN BiE% COUNTY RECORDER’S OFFICE GREGORY SMTH 3 CtiUMTY RECORDER RF: B.00 FEES: 16.00
;;; 7.00 1 ii-l I.. i J .I
Space above this line for Recorders use
Parcel No. 212-092-02
NOTICE CONCERNING AIRCRAFT
ENVlRONMENTAL IMPACTS
CASE NO: PIP 95-05
This Declaration and Notice Concerning Aircraft Environmental Impacts is made
bY Raymond P. Daily am individual
(name of legal owner) ’ (individual, corporation, etc.)
, 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:
B. The property is located approximately miles from the McClellan- 0
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.
NQISE FORM #2
I : - h
FORM: NOlSr 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.
2.
3.
4.
5.
Owner has and shall develop the property in accordance with PIP 95-05
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.
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
rev. 3/27/06
.
h 7 - .
FORM: NOlSe 2: 3 of 3 . m5
‘Executed this ./I 6 -f&. day of Ib 3$@-.8v1,
*OWNER:
@
AYtvPb l?-lh\LY
(print name here)
(title and brgwization of signatory)
(print name here)
(title and organization of signatory)
(Proper notarial acknowledgment of execution by *OWNER must be attached.)
(President or vice-president and secretary or assistant secretary must sign for
corporations. If only one officer signs, the corporation must attach a resolution certified
by the secretary or assistant secretary under corporate seal empowering that officer to
bind the corporation.)
Approved as to form:
RONALD R. BALL
City Attorney
BY
NOISE FORM #2
rev. 3/nD3
‘CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 1476
personally appeared
0 personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person$&
whose nameN is/aIQubscribed to the within instrument
and acknowledged to me that hem executed the
same in his/muthorized capacityO,and that by
his/b&%& signatur$+on the instrument the personb
or the entity upon behalf of which the person?cted,
executed the instrument.
WITNESS my hand and official seal.
OPTfONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages: 3
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Individual . F Corporate Officer
Title(s):
0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing: i I
Signer’s Name: ’
0 Individual
0 Corporate Officer
Title(s):
0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
Signer Is Representing:
0 1994 National Nobly Association * 8236 Remmet Ave., P.O. Box 7184 * Cancga Park, CA 91309.7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827