HomeMy WebLinkAboutPIP 98-01; Palomar Crest LLC; 1998-0465348; Notice of Restriction; . . DOC a 199 -04~5~4~
JUL. 273 IL39B 8=23 lfwi
414 DFFECM REcElRDs
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO:
;
City Clerk > CITY OF CARLSBAD 1 1200 Carlsbad Village Drive > Cartsbad, California 92008-l 989 >
SHi DIEi COUNTY RECORDER'S OFFICE GRESORY J. WITH, CoclNTY RECDRDER FEEi: '
l~l~~llll~~~~~~~~~ llllllll#
Space above this line for Recorder’s use
Parcel No. L - ---
FT
ENVIRONMENTAL IMPACTS
CASENO: p/P 4~-~~-P~cp(m-~~
This Declaration and Notice Concerning Aircraft Environmental Impacts is made by
(name of leg4 owner) 7ALo/tlAA&ST, LL c a((
&J~%v/R Lidv/iaaLiReiL/iv &%vY, herein after referred to as the “Owner”, as develober 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, Caiifornia, more fully described as:
B. The property is located approximately a?8 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.
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 Rev. 03/27/95
. ,
415 FORM: NOISE 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. Owner has and shalldevelc~p the prop,erty in accordance with sabdisrisiull Tract
v m, 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 responsibihty 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. 03127195
, _--
. .
-
416
FORM: NOISE 2: 3 OF 3
Executed this zy* day of A6 ) 19 ?a -*
*OWNER:
??h-mfAR &ST LL c I (Name of owner)
@4u-&J~& .
(sign here)
&!a~ c! M =heiv, 7’Zms
(print name here) M&#&a
(title and organiz&ion of signatory)
” m_ - ,, 3, _, . (I ‘ / ,‘ I_ “i -’ i
v (print name here)
(title and organization of signatory)
(Proper notarial acknowledgment of execution by Contractor musf 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).
(If signed by an individual pafiner, the parfnership must attach a statement of partnership
authorizing the partner to execute this instrument).
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
Noise Form #2 Rev. 03/27/95
-
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On lJL& af. /WI? before me, > dst- 4+.T.~
Notary Public, personally appeared 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 en&y upon behtilf of which the pe&n(s) acted, executed
the instrument.
WIFTS my hand and official seal.
- (Signature of Notary)
Noise Form #2 Rev. 03/27/95