HomeMy WebLinkAboutPIP 97-01; Baca, Kenneth Xavier & Jordan, Herbert; 1997-0306724; Notice of Restriction’ . - IL # 1997-0306724 478 XI-JW-1997 II=19 A17
DFFICIC\L RECORDS SAN MEG0 COUNTY RECORDER’S OFFICE RfFREGDRY Sll;T;; ~OUN~~E~E~OR~ER s : 19.00
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: >
1 City Clerk > CITY OF CAIUSBAD ) 1200 Carlsbad Village Drive > Carlsbad, California 9200% 1989 >
Space above this line for Recorder’s use
Parcel No. 212-093-02
NOTICE CONCERNING AIRCRAFT
ENVIRONMENTAL IMPACTS
CASE NO: PIP 97-01
This Declaration and Notice Cone Aircraft Environmental Impacts is made by
(name of legal owner)#&&% A&U*& B&d Jbr-h a(n) (individual,
corporation, etc.) /nA,urA~4ts / , herein after 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.
B.
C.
D.
E.
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 approximately % mile(s) 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 aircrait 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.
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.
The purpose of this notice is to disclose to the fullest extent possible present and 1
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. 03/27/95
479
FORM: NOISE 2: 2 OF 3
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 97-Ol), 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 Rev. 03/27/95
. . . -4
400
FORM: NOISE 2: 3 OF 3
Executed this 24 day of flay ,19JzjL
*OWNER:
#g&@q- ~Rbf+d/ &t@/w~
(print name here)
fu%lP~/w=m
(title and orgkization of signatory)
(Proper notarial acknowledgment of execution by Contractor 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 secretaty or assistant secretary under corporate seal empowering that officer to
bind the coworation)
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
Noise Form #2 Rev. 03127195
481
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On SlZZl47 before me, J oi#&/wq t!&36;12
Notary Public, personally appeared km d m w.641 fi%& , [ ] personally
known to me - or [
il’
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 offkial seal. JOANNAWEBER Cornmkslon#1OKtZW Notary Put?!Ic: -co-la $ ~ SanDiegoCouW Cornm. Ex@res Dot lO,W99
Noise Form #2 Rev. 03127195
l
STATE OF CAilFORNlA
482
COUNTY OF SAN DIEGO
On s g 2-j - q 7 before me, k MC2 (r\fCh?
Notary Public, personally appeared I
0 personally known to me - or W 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.
\ (Signature of Notary)
Rev. 06/04/96