HomeMy WebLinkAboutCT 92-08; Carlsbad Partners Ltd; 1996-0259560; Notice of Restrictionso4
RECORDING REQUESTED BY AND )
WHEN RECORDED RETURN TO )
City Clerk
City of Carlsbad ; 1200 Carlsbad Village Drive ) Carlsbad, CA 92008 )
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OFFICIAL RECORDS !&I DIEGO COUHTY RECORDER’S OFFICE GREGORY Sl;T;; ~~~~~~~~ECOR5ER. RF:
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: 16.00
1.50
Space above this line for Recorder’s use I ,‘ >!
Parcel No. 216-122-24, 36, 37; 255-011-08, 09,
IO, 11, 12; 255-021-05, 06, 07, 08.
NOTICE AND WAIVER CONCERNING PROXIMITY
OF THE PLANNED OR EXISTING
EL CAMINO REAL AND LA COSTA AVENUE TRANSPORTATION CORRIDOR(S)
CASE NO: CT 92-08 - GREEN VALLEY TRACT MAP
This Notice Concerning Environmental Impacts is made by Carlsbad Partners,
hereinafter referred to as the “Owner”, is developer LTD. , a(n) Limited Partnership
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:
C. The property is located adjacent to the El Camino Real & La Costa Avenue
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.
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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/PM - 92-08) 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 & 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.
. . .
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Executed this 25th day of April , 19 96 .
*OWNER:
Carlsbad Partners, LTD.
(name of *Owner)
By:
(sign here)
Allen D. Farris
(print name here)
(sign here)
(print name here)
(title and organization of signatory)
(Proper notarial acknowledgment of execution by *OWNER 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 seal empowering that officer to
bind the corporation.)
Approved as to form:
RONALD R. BALL
City Attorney
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ALL-PURPOSE ACKNOWLEDGMENT 507
STATE OF Texas
COUNTY OF Dallas
On 23 \=f&, before me, XQ G i\m~.fc c&b j ’ Notary Public,
personally appeared Allen D. Farris , &] 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 authorizd 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.
cab \ ‘> ;P ._,.
JO GILMORE COBB Notary Public, State of Texas
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