HomeMy WebLinkAboutPIP 98-08; Daum Trust; 1999-0250538; Notice of RestrictionDCIC a 1999~0~~053~
fW=‘R 143 1999 3=04 PM
OFFICIAL imxiRDs S&l DIEGII Clillt4TY RECORI)ER’S OFFICE GREGOR’ J. SMTH, COUNTY RECiXDER FEES: lb.00
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: ; llll~llmmll~llHHil~ll~ll
City Clerk > 1999-0260638
CITY OF CARLSBAD > 1200 Carlsbad Village Drive > Carlsbad, California 92008-1989 )
Space above this line for Recorder’s use
Parcel No. 213-070-08- -
NOTICE CONCERNTNG AIRCRAFT
ENVIRONMENTAL IMPACTS
CASE NO: PIP 98-08
This Declaration and Notice Concerning Aircraft Environmental Impacts is made by
(name of Zegal owner) Daum Familv Trust , a(n) (individual, corporation, etc.) family
trust, 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 titIe to certain real property in the
City of Carlsbad, County of San Diego, California, more fully described as:
B. The property is located approximately .25 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
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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 Subdivision Tract
Parcel Map. (CT ), approved by the City of Carlsbad, which approval 79-14
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
-- . y4?6
FORM: NOISE 2: 3 OF 3
Executed this 6 d day of / ,197T
*OWNER/&M&S A. DAUM &J/a ~loRi)# L, .IDfiuM, CO-T%WtSs OF
The ~)Ru/v~ FAMILY TRUW 070 S’Zd/g2
(Name of owner)
By: &LQ..4&W
(sib h&e)
(print name here)
(title and organization of signatory)
Bv:
(sign here)
(print name here)
(title and organization of signatory)
(Proper notarial acknowledgment of execution by Contractor must be attached.)
(President or vice president M secretary or assistant secretary must sign for corporations. If
on/y 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 partner, the partnership must attach a statement of partnership
authorizing the partner to execute this instrument).
APPROVED AS TO FORM:
A$tant City Attorney
Noise Form #2 Rev. 03127195
h
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On ALirll /L?,/99~ before me, i /$*I 77 I ! I
Notary Public, personally appeared &/oy,a A _ I)& L.L/?‘J _____ --- , [ ] personally
known to me - or [X] proved to me on the basis of satisfactory evidence to be the person@ whose
name(@a.r%e subscribed to the within instrument and acknowledged to me that l&$&$&y
executed the same in l&@$$tht?ir authorized capacity@??), and that by l&$6$th6ir signature#
on the instrument the person(#, or the entity upon behalf of which the person@ acted, executed
the instrument.
WITNESS my hand and official seal.
Noise Form #2 Rev. 03127195