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Home My WebLink AboutPIP 97-05; Hunsaker Development Company LLC; 1997-0560883; Notice of Restriction- I , TOE w 1997-0560883 .R~59;2 NOW 06, 1997 11:44 All DFFICIfiL RECDRDS ShH DIEGO CODNTY RECORDER’S OFFICE , ‘< GREGDRYF;iSWITH, CDjH; RECORDER II ‘ RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: > . > City Clerk > CITY OF CARLSBAD > 1200 Carlsbad Village Drive > Carlsbad, California 92008- 1989 1 Space above this line for Recorder’s use Parcel No. 209-08 1- 18 NOTICE CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS CASE NO: PIP 97-05 This Declaration and Notice Concerning Aircraft Environmental Impacts is made by (name of legal owner) Hunsaker Development Company, LLC a(n) (individual, corporation, etc.) Limited Liability CorDoration , 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. A. B. C. D. E. RECITALS 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 one 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 aircraft 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 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 1593 - 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 97-05), 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 Rev. 03/2’7/95 FORM: NOISE 2: 3 OF 3 Executed this 22nd day of Septimber ) 19 97 -* *OWNER: c R. Brian Hunsaker -- Member, Partner (print name herej (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 attached.) (President or vice president AND secretaly 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: , Depbty City Attorney Noise Form #2 Rev. 03/27/95 - STATE OF CALIFORNIA ‘.b COUNTY OF L$!JKID~ ORANGE On September 23, 1997 before me, Laurel E. Hostetler, Notary Public, personally appeared R. Brian Hunsaker ___- , [X] personally known to me - or [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (?%2&zQvs (Signature of Notary) c g a COmm. ‘xpirw JUN PO. 1WS Noise Form #2 Rev. 03127195 w BILLJONES %S.r)$ - -KRETARY OF STATE - LIMITED LIABILITY CO~l~ANY ARTICLES OF ORGAiXIiATION IZfPORTm - Read the instructions before completing the form. LLC-1 This document is presented for filing pursuant to Sectidn 17050 of ;he California Corporations Code. 1. Limited liability company name: Hunsaker Development Company, LLC (End Ihc nunc wlh ‘LUT w ‘Limiicd L&lily Company’. No pcricds krew31 Ihe lctw in ‘LLf?. ‘Limed’ and ‘Campmy’ may be abbmirccd to ‘Ltd.’ and ‘Co.‘) 2. Latest date (month/day/yew) on which the limited Iiability company is to dissolve: December 31, 2026 3. The purpose of the Iimited Iiabiliry company is to engage in any lawful act or activity for which a limited IiabiIicy company may be organized under the Beverly-KiIlea Limited Liability Company Act. 4. Enter the name of initial agent for service of process and check the appropriate provision below: R. Brian Hunsaker , which is r xl an individual residing in California. ‘Proceed to Item 5. 1 I a coqxxation which has filed a certificate pursuant co Section 1505 of the California Corporations Code. Skip Item 5 and proceed to Item 6. 5. If the initial agent for service of process is an individual. enter a business or residential street address in California: Street’address: 17761 Mitchell North City: Irvine State: CALIFORNIA Zip Code: 92714 6. The limited liabiiicy company will be managed by : (check one) [ ] one manager [ ] more than one manager [ x ] limited liability company members 7. If other matters are to be included in the Articles of Organization attach one or more separate pages. Number of pages anached, if any: n/a 8. It is hereby declared that I am the person who executed this instrument, which execution is my act and deed. James D. Ciampa Type or print name of organizer Dare: October 11 Apprwrd bl Ih Srcr.rary o/Slat* IlpJ FiLED i i;l i$z oiiih? 01 the Secre:ary of St% 01 :he State of California Iki@UiiD fr .I597 /jEC 1 *’ . ” i 26-MCAJ-1996 08=00 At? OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER’S OFFICE GREGORY S!i;T;; COUNTY&ECORDER RF: : SPACE ABOVETHIS LIl’#$OR RECO&&‘S USE p,g :‘b; 10.00 SACRAMENTO I, BILL JONES, Secretary of State of California, hereby certijjv That the annexed transcript of page(s) was prepared by and in this office from the record on file, of which it purports to be a copy, and that it is full, true and correct. IN IWTNESS WHEREOF, I execute this certzjkate and afJ”uc the Great Seal of the State of California Secretary of State SEC. STATE FORM LP-222A (RN. 5195)