HomeMy WebLinkAboutCDP 98-22; Carlsbad By The Sea LLC; 1998-0684961; Notice of RestrictionRwxmDED REQUESTOF 9#1 DIEGU CtWV RELRER’S CFFU
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RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO:
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City Clerk
CITY OF CARLSBAD ;
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1200 Carlsbad Village Drive
Carlsbad, California 92008-1989 ., i. ‘, ‘,‘, ,.:,‘, ,; ,,
Space atiotrethis iie for Recorder’s use
m L. X&< P&u ParcelNo. 214-022-28
The undersigned Owner is, the Developer and/or,Hd~k~& the, Title to C&@in Real Property in the City
of Carlsbad, County of San D&go, California, more fully desc;ribed as:
LOT 5, BLOCK 23, LA COSTA DOWNS, UNIT NO. 1,IvlAP 2013
The following NOTICES a& contained in this document:
NOTICE’CONCERNING PROXIMITY OF THE EXISTING CARLSBAD
BOULEVARD TRANSPORTATION CORRIDOR
NOTIC3Z CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS
~0mcE cONCERI(TING RAILROAD ENVZRONMENTAL WrPAcTs
NOTICE CONCERNING PROXIMITY OF THE PROPOSED COMMUTER
RAIL TRANSIT STATION
NOTICE ‘CONCERN&G~6l@R. ENVlRONikNTAL IMPACTS
I. NOTICE CONCERNING PROXIMIti b@ THJZ E~~TI?k CARLSBAD BOULEVARI
TRANSPORT&ION CORklDOR
RECITALS
A. The purpose of this notice is to disclose to the fullest extent possible present and fu;
potential impacts of noise generated by all manner of vehicles including public and private vehil
which will generate noise and other environmental impacts.
B. The property is located adjacent to the Carlsbad Boulevard Transportation Corri
(hereafter described as corridor) on which transportation vehicles such as automobiles, true
motorcycles and/or vehicles for rail and transit are proposed to travel.
MULTINOISE.FRM I Rev. 03/Z’ LOP91
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C. Owner has no control over the operations of the corridor including the types of vehicles,
trips and traffic, nor the frequency of the trips.
D. It is the desire of Owner to give notice to any potential purchaser of the real property of
its proximity to the corridor and the fact that purchasers may be subject to the impacts of said proposed
transportation corridor.
NOW THEREFORE, in light of the above Recitals, owner does, for itself, and its
successors and assigns, give the following notice:
1. Owner has and shall develop the property in accordance with Specific Plan 201 approved
by the City of Carlsbad, which approval ,includes ,tbe requirement of the City of Carlsbad, that the
development of the property be 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 controt over the operation ‘of ‘the corridor, including
without limitation, the types or number of vehicles operating orrthe corridor.
3. That the vehicle operations on the corridor may create significant impacts affecting the
purchasers, tenants and occupants of the property and that purchasers, tenants and occupants of the
property reside there subject to sight and sound of vehicle operation.
4. The property shall be held, conveyed, hypothecated, encumbered, leased, rented, used,
occupied and improved subject to this 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 vehicles including public and private vehicles
which will generate noise and other’environmental impacts. Purchaser acknowIedges and accepts these
existing and future impacts and forever waives any and all causes of action and covenants not to sue the
City of Carlsbad, its agents, servants or employees as to any damages or injuries resulting from said
impacts.
II. NOTICE CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS
RECITALS
A. The purpose of this not&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.
B. The property is located approximately 3 miles 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 to aircraft,
flight, the flight patterns of the aircraft, nor the frequency of the flights.
MULTlNOISE.FRM 2 Rev. 03/27/95
3.280
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 from the Airport.
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 Specific Plan 201 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 of control over’the, operation of the Airport, including
without limitation, the types or number of flight operations, types of airqraft (including jet aircraft),
timing of flight operation, or frequency of flights.
3. The property shall be held, conveyed, hypothacated, encumbered. leased, rented, used,
occupied and improved subject to this Declaration and No&e. 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,
4. 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 impact. Purchaser acknowledges and accepts these existing
and future impacts and waives any and all causes of action and covenants not to sue the City of Carlsbad,
its agents, servants or employees as to any damages or injuries resulting from said impacts.
III. NOTICE CONCERNING RAILROAD ENVIRONMENTAL fMPACTS
RECITALS
A. 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 trains which will generate noise and other
environmental impacts.
B. The property is located adjacent to the,North County Transit’Dtstrict Railway, City of
Carlsbad, San Diego County through which are conducted certain railway operations on and about said
railway.
C. Owner has no control over the operations of the Railroad, including the types of
equipment nor the frequency of the trains.
D. It is the desire of Owner to give notice to any potential purchaser of the real property of
the Railroad operation and the fact that purchasers may be subject to vibration, sight and sound of trains
operating on the Railroad.
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 Specific Plan 201 approved
by the City of Carlsbad, which approval includes the requirement of the City of Carlsbad, that the
MULTINOISE.FRh4 3 Rev. 03127195
,. . .
development of the property is consistent with the Land Use Element and Noise Element of the General
Plan of the City of C&bad.
2. That Owner has no responsibility or control over the operation of the Railroad, including
without limitation, the types or number of trains, timing of, or frequency of trains.
3. That the train operations of the Railroad may create significant 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 vibration, 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 trains which will generate noise and other
environmental impacts. Purchaser acknowledges and accepts these existing and future impacts and
forever waives any and all causes of action and covenants not to sue the City of Carlsbad, its agents,
servants or employees as to any damages or injuries resulting from said impacts.
IV. NOTICE CONCERNING PROXIMITY OF THE COMMUTER RAIL TRANSIT
STATION
RECITALS
A. The purpose of this notice is to disclose to the fullest extent possible present and future
potential impacts of noise and traffic generated by all manner of vehicles including public and private
vehicles which may generate noise and other environmental impacts.
B. The property is located north of the proposed North County Commuter Rail Transit
Station (hereafter described as station) at which transportation vehicles such as automobiles, trucks,
motorcycles and/or vehicles for rail and transit are proposed to travel.
C. Owner has no control over the operations of the station including the types of vehicles,
trips and traffic, nor the frequency of the trips.
D. It is the desire of Owner to give.notice to any potential purchaser of the real property of
its proximity to the station and the fact that purchases may be subject to the impacts of said proposed
transportation station.
NOW THEREFORE, in light of the above Recitals, owner does, for itself, and its
successors and assigns, give the following notice:
1. Owner has and shall develop the property in accordance with Specific Plan 201 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 station, including
without limitation, the types or number of vehicles operating at the station,
MULTINOISE.FRM 4 Rev. 03/27/95
, . : . 1282
3. That the vehicle operations at the station may create significant impacts affecting the
purchasers, tenants and occupants of the property and that purchasers, tenants and occupants of the
property reside there subject to sight and sound of vehicle operation.
4. The property shall be held, conveyed, hypothecated, encumbered, leased, rented, used,
occupied and improved subject to this 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 and traffic generated by all manner of vehicles including public and private
vehicles which will generate noise and other environmental impacts. Purchaser acknowledges and
accepts these existing and future impacts and forever waives any and all causes of action and covenants
not to sue the City of Carlsbad, its agents, servants or employees as to any damages or injuries resulting
from said impacts.
V. NOTICE CONCERNING ODOR ENVIRONMENTAL IMPACTS
REclTALs
A. The purpose of this notice is to disclose to the fullest extent possible present and future
potential impacts of odor generated by the Encina Sewer Plant.
B. The property is located approximately % mile from the En&ta Sewer Plant, City of
Carlsbad, San Diego County.
C. Owner has no control over the operations of the Sewer Plant.
D. It is the desire of Owner to give notice to any potential purchaser of,the real property of
the Sewer Plant operation and the fact that purchasers may be subject to odor impacts from the Sewer
Plant.
NOW THERJ!ZFOkE; 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 Specific Plan 201 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 tand’Use Element of the General Plan of the City of
Carlsbad.
2. That Owner has no responsibility or control over the operation of the Sewer Plant,
3. The property shall be held conveyed, hypothecated, encumbered, leased, rented, used,
occupied and imported 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.
4. The purpose of this Notice is to disclose to the fullest extent possible present and future
odor impacts generated by the Sewer Plant. Purchaser acknowledges and accepts these existing and
future impacts and forever waives any and all causes of action and covenants not to sue the City of
Carlsbad, its agents, servants or employees as to any damages or injuries resulting from said impacts.
MULTINOISE.FRM 5 Rev. 03127195
IN WITNESS WHEREOF, these Declarations of, I) Notice of corridor traffic, sight
and sound; II) Notice of aircraft, sight and sound; III) Notice of train vibration, sigh and sound; IV)
Notice of odor impacts; and V) Notice of station traffic, sight and sound are made this day of _ %‘,
s, 19527-.
*OWNER:
(sign here)
c,&.s &LE* (print name here)
Bv:
(sign here)
(print name here)
(title and organization of signatory)
(Proper notarial acknowledgment of execution by Contractor mu&e atttiched.)
(President or vice president &@ secretary or assistant q?cretary must sign for corporations. If
only one officer signs, the corporation must attach 3 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 parfnership must attach a statement of partnership
authorizing the partner to execute this instrumtint).
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
BY:
Assistant City Attorney
MULTINOISE.FRM 6 Rev. 03/27/95
. .
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On /d- q- 98 before me, CAROLYN L. KAHLE-FINNERTY
Notary Public, personally appeared , [&Zi&sonaily
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.
MULTlNOISE.FRM Rev. 03l2ll95