HomeMy WebLinkAboutCT 92-02; Sambi Seaside Heights LLC; 1996-0590841; Notice of Restriction-4 ! /I ”
:- ; “. EC #I 199&-~~90~~1 21-MOW-1996 II:07 AH
OFFICML RECORDS SAH DIEGO COUHTY RECORDER’S OFFICE
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO:
; City Clerk ) CITY OF CARLSBAD
1200 Carlsbad Village Drive ; Carlsbad, California 9200% 1989 )
: o 7 5 RFfREGORY S”;T;i ~~~~~~E~~~~R~ER
ft:j ioo
1.00
Space above this line for Recorder’s use
15.00
ParcelNo. ZI4- 140-07
NOTICE AND WAIVER CONCERNING PROXIMITY
OF THE PLANNED OR EXISTING
AVIARA F%kt&lY TRANSPORTATION CORRIDOR(S)
CASENO: CT fz-=tA)
This Notice Concerning Environmental Impacts is made by (name of ZeguZ owner) SAMBI
SEASIDE HEIGHTS, LLc a(n) (individual, corporation, etc.) LIMITED LIABILITY
COMPANY hereinafter referred to as the “Owner” is developer of certain real
property situated in the City of Carlsbad, County of San Diego, State of California.
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 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.
B. The Owner is the developer and/or holder of the title to certain real property in the
City of Carlsbad, County of San Diego, California, more fully described as:
A PORTION OF THE SOUTH THE SOUTHEAST QUARTER AND THE SOUTH SIXTY ACRES
OF THE NORTH HALF OF THE EAST QUARTER OF SECTION TWENTYONE, TOWNSHIP TWELVE
SOUTH, RANGE FOUR WEST, SAN BERNARDINO MERIDIAN, A GRANT DEED RECORDED ON
23 NOVEMBER 1994 AS DOCUMENT 1994-0677545 IN THE OFFICE OF THE COUNTY RECORDER OF COUNTY OF SAN DIEGO, STATE OF CALIFORNIA.
C. The property is located adjacent to the AVIARA PARKMY Transportation
Corridor (hereafter described as corridor) on which transportation vehicles such as automobiles,
trucks, motorcycles and/or vehicles for rail and transit are proposed to travel.
Noise Form # 1 Rev. 03127195
.
FORM: NOISE 1: 2 OF 3
1076
D. The property has been developed in compliance with City and State Noise criteria
which may include mitigation in the form of setbacks, earthen berms, masonry walls and/or
structure upgrades.
E. Owner has no control over the operations of the corridor including the types of
vehicles, trips and traffic, nor the frequency of the trips.
F. 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 purchases 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 and makes the following waiver:
1. Owner has and shall develop the property in accordance with a Subdivision
Tract/Parcel Map (CT/P&f --92-@?pproved 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 & Noise Element of the General Plan of the City of Carlsbad.
2. That Owner has no responsibility or control over the operation of the corridor,
including without limitation, the types or number of vehicles operating on the 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 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.
. . .
. . .
Noise Form #l Rev. 03127195
, . .
FORM: NOISE 1: 3 OF 3
Executed this $3 &d day of ,19 oh *
*OWNER:
,
(Name of Owner) u-
(sign here) /
1077
se :za cp. T3Ubhavat (pint name here)
At&W, (title and organ&t.ion 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 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)
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
Noise Form #l Rev. 03127195
. . .
. ~.
1078
STATE OF CALIFORNIA
LOS &m3iw~ COUNTY OF-HHXlG@
On &&&JH?~, /F ?G before me, (5’m /‘CM 6 &zCE/Q P&
Notary Public, personally appeared ~1221 tf. T-o&m f 91 I-
s or p proved to me on the basis of satisfactory evidence to be the person@) whose
name(&) is/artsubscribed to the within instrument and acknowledged to me that he/&-&hey
executed the same in his/h&h&r author&d capacity(k), and that by his/h&h&r signature@)
on the instrument the person@, or the entity upon behalf of which the person(d) acted, executed
the instrument.
WITNESS my hand and offkial seal.
(Sig/nature of Notary) ’
Noise Form # 1 Rev. 03l27195