HomeMy WebLinkAboutPIP 96-01; Dickinson Cameron Development; 1997-0108891; Notice of Restriction- x # 1997-~i~8891 f2-MAR-1997 f2=#7 FT! :> :. k OFFICIAL RECORDS SAN DIERI CDUNTY RECORDER’S WICE
941) 16.00
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: >
City Clerk ; CITY OF CARLSBAD > 1200 Carlsbad Village Drive > Carlsbad, California 9200% 1989 )
Space above this line for Recorder’s use
Parcel No. 2 12-092-22
NOTICE CONCERNING AIRCRAFT
ENVIRONMENTAL IMPACTS
CASE NO: PIP 96Ol/HDP 96-08
This Declaration and Notice Concerning Aircraft Environmental Impacts is made by
(name of legal owner) DUK&O+ bt&tiA ~U~@p~(n) (individual, corporation, etc.)
, herein after referred to as the “Owner”, as developer of
d 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 34 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.
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.
Noise Form #2 Rev. 03127195
(3 113 96-I /mP 96-8
FORM: NOISE 2: 2 OF 3
941
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/Hillside Development Permit (PIP 96-Ol/HDP 96-O@, 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 (includmg 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 Rev. 03/27/95
- -
FORM: NOISE 2: 3 OF 3
942
Executed this it&* day of m CW Gk > 19% -*
*OWNER:
----Rm- (title and organization of signatory)
By:
(sign here)
(print name here)
(title and organization of signatory)
(Proper notarial acknowledgment of execution by Contractor must be atfached.)
(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 coqorate seal empowering that officer to
bind the coporation)
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
Bv:
Noise Form #2 Rev. 03/27/95
.
L ’ .
CALlFOkNlA ALL-PURCSE ACKNOWLEDGMENT 943
State of III-’ ,a-
dpersonally known to me - OR - 0 proved to me on the basis or-y evidence to be the person(s)
ent the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
OPTIONAL
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:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer’s Name: Signer’s Name:
q Individual
q Corporate Officer
Title(s):
0 Partner - 0 Limited 0 General
q Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:
I I
Cl Individual
0 Corporate Officer
Title(s):
0 Partner - 0 Limited q General
Cl Attorney-in-Fact
Cl Trustee
Cl Guardian or Conservator
0 Other:
Signer Is Representing:
I I I I
0 1994 National Notary Association - 6236 Remmet Ave., P.O. Box 7164 * Canoga Park, CA 91309-7164 Prod. No. 5907 Reorder: Call Toll-Free 1-aw-an-oaz,