HomeMy WebLinkAboutPIP 98-04; Buie Carlsbad Airport LLC; 1999-0376062; Notice of RestrictionDOG 1. 1999-037~0~2
409 2 JUN 01s 1999 II=30 #WI .
SW DIEW fXlUNTY REEWRDER'S OFFICE GREGORY J. SHITH, fXll.MTY RECORDER
FEES: 16.00
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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. 212-092-14
NOTICE CONCERNING AIRCRAFT
ENVIRONMENTAL IMPACTS
CASE NO: PIP 98-04
This Declaration and Notice Concerning Aircraft Environmental Impacts is made by
(name of legal owner) Buie Carlsbad Airport LLC , a(n)
(individual, corporation, etc.) California limited liability company
, 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. 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 f%lly described as:
B. The property is located approximately .2 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. 03127195
*al
4093
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 shall develop the property in accordance with Planned Industrial
Permit(PIP 9%04), 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. 03127195
4094
FORM: NOISE 2: 3 OF 3
Executed this && day of fikfC,a ,192Q.
*OWNER:
j&c C&&d l&w-t lx
(Name of owner)
By:
(sign hire)
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 @YQ 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 sea/ empowering that officer to bind the corporation).
(If signed by an individual partner, the partnership must attach a statement of partnership
authorizing the partner to execute this instrument).
APPROVED AS TO FORM:
RONALD 9pLL, City Attorney
f
sistant City Attorney
Noise Form #2 Rev. 03127195
4095
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On 26 rn 14% ACQUGL.N#? ,
Notary Public, personally appeared tH3ER~ !a -I RI513 . , Y personally
known to me - or [ ] proved to me on the basis of satisfactory evidence to be the person@) whose
name Gg) is/are subscribed to the within instrument and acknowledged to me that helsh&hq
executed the same in his-r authorized capacity@es), and that by his&&t&r signature@)
on the instrument the person{& or the entity upon behalf of which the person(s) acted, executed
the instrument.
WITNESS my hand and official seal.
Noise Form #2 Rev. 03127195