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Home My WebLink AboutCT 93-09; Catellus Residential Group Inc; 1999-0028747; Notice of RestrictionJAN 19. 1999 3r03 PPI RECORDING REQUESTED BY AND ) 'WHEN RECORDED MAIL TO: 1 f' City Clerk q? CITY OF CARLSBAD I' 1200 Carlsbad Village Drive ) Carlsbad. California 92008-1989 1 Space above this line for Recorder's use Parcel No. 215-070-2.3 The undersigned 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: Parcel B in Certificate of Compliance recorded on March 11, 1997 as File No. 1997-0106631 of official records of San Diego County. The following NOTICES are contained in this document: NOTICE CONCERNING PROXIMITY OF THE EXISTING POINSETTIA LANE TRANSPORTATION CORRIDOR NOTICE CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS NOTICE AND WAIVER CONCERNING PROKMITY TO FUTURE AGRICULTURAL LANDS I. NOTICE CONCERNING PROXIMITY OF THE EXISTING POINSETTIA LANE TRANSPORTATION CORRIDOR - RKCITALS 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. B. The property is located adjacent to the Poinsettia Lane 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. 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 MULTMOISE.FRM I 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 the Zone 20 Specific Plan approved by the City of Carlsbad, which approval includes the 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 control over the operation of the corridor, including without limitation, the types or number of vehicles Qperating 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. 11. NOTICE CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS 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 aircraft including public and private aircraft which will generate noise and other environmental impacts. B. The property is located approximately 1 mile from the McClellan-Palomar Airport, City of Carlshad, 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. 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. MULTINOISE.FRM 2 Rev. 03/27/95 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 the Zone 20 Specific Plan 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. 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. 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 ofaction,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 AND WAIVER CONCERNING PROXIMITY TO FUTURE AGRICULTURAL LANDS RECITALS A. The Property is located on lands which were previously used for agricultural purposes and is located in close proximity to certain lands which are presently used for agricultural purposes. By reason of such agricultural use, owners and other residents within the Property may be subject to dust, noise and odors and may be exposed to pesticides, herbicides, insecticides and other chemicals. B. Owner has no control over operations of the agricultural land and/or uses C. It is the desire of Owner to give notice to any potential purchaser(s) or other owner(s) of the Property or any part of it of the agricultural land andlor uses and the fact that such purchaser(s) and others may be subject to dust, noise and odors as well as exposure to pesticides, herbicides, insecticides and chemicals and other impacts of, from or relating to or from the agricultural land and/or uses. D. The purpose of this Notice and Waiver is to disclose to the fullest extent possible present and future potential impacts of dust, noise and odors as well as exposure to pesticides, herbicides, insecticides and chemicals and other impacts and waive the same. NOW, THEREFORE, in light of the above Recitals, Owner does, for itself as well as its successors and assigns, give the following Notice(s) and make the following Waiver(s) and other agreements: 1. Owner has developed and/or shall develop the Property in accordance with Subdivision TractRarcel Map (CT93-09(A)) approved by the City of Carlsbad, which approval includes the requirement of the City of Carlsbad that the development of the Property shall be consistent with the Land Use and Noise Element of the General Plan of the City of Carlsbad. MULTINOISE.FRM 3 Rev. 03l21l95 2. Owner has no responsibility for or control over the operation or use of agricultural lands. 3. The agricultural lands and/or uses may create significant impacts affecting the purchasers, tenants and occupants of the Property and the purchasers, tenants and occupants of the Property reside there subject to existence and use of the agricultural lands and uses. 4. As noted above, the purpose of this Notice and Waiver is to disclose to the fullest extent possible present and future potential impacts of dust, noise and odors as well as exposure to pesticides, herbicides, insecticides and chemicals or other impacts of the existence, operation or use of the agricultural lands, whether such impacts result from sight, sound or otherwise and to waive such impacts. Therefore, Owner for itself as well as its heirs, administrators, executors, successors and assigns, including without limitation any Purchaser(s) or other small owner(s) of or successor(s)-in-interest in or to th;: Property or any part of it ackno;vledges and "ccepts these existing and future impacts and forever waives any and all causes of actions/and covenants not to sue the City of Carlsbad, any predecessor(s)- in-interest in or to the Property or any part of it, including without limitation Owner or their agents, representatives, servants or employees for any damages or injuries resulting from said impacts. 5 Each purchaser or other owner of the Property or any part of it, for and on behalf of himself, herself or itself and any and all member of such owner's family, owner's tenants, lessors, guests and invitees, expressly assumes all of the foregoing conditions and risks, and waives all causes of action and covenants not to sue the City of Carlsbad, Owner and their respective directors, officers, employees, agents, representatives and consultants for any damages or injuries which may arise from or relate to any such conditions and/or risks. 6. Notwithstanding the foregoing, Owner shall not be responsible or liable for the breach of any covenant contained herein by any person or entity other than Owner (i.e., while Owner shall be responsible and liable for Owner's breach of any covenant contained herein, Owner shall not be responsible or liable for the breach of any covenant contained herein by Owner's heirs, administrators, executors, successors or assigns, including without limitation any purchaser(s) or other owner(s) of or successor(s)-in-interest to the Property or any part of it). 7. The Property shall be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied and improved subject to this Notice and Waiver. This Notice and Waiver shall run with the Property and shall be binding upon all parties having or acquiring any right, title or interest in or to the Property of any part of it. MULTINOISE.FRM 4 Rev. 03/27/95 IN WITNESS WHEREOF, these Declarations of, I) Notice of corridor traffic, sight and sound; 11) Notice of aircraft sight and sound; 111) Notice of agricultural lands are made this day of- +, 19&. *OWNER Catellus Residential Group, InC. (Name of owner) (sign here) (print name here) sidential tiroup, Inc. Steve Mueller (print name here) Assistant Secretary-Catellus Residential tiroup, Inc. (title and organization of signatory) (Proper notarial acknowledgment of execution by Contractor must be attached.) (President or vice president 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 1:nd.s corpor.=& seal empowering that cfficw to bind tile 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 R. BALL, City Attorney MULTINOISE.FRM 5 Rev. 03/27/95 .. LlFORNlA ALL-PURPOSE ACKNOWLEDGMENT State of California bd& U; ersonally known to me ry to be the persow whose narne@@!i3W the entity upon behalf of which the person(* acted, executed the instrument. WITNESS my hand and official seal. r OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer@) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: 0 Individual 0 Corporate Officer -Title@): 0 Partner - 0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator Signer Is Representing: 0 1997 Naftonal Notary Ass~~iation 9350 De Sot0 Ne.. P.O. Box 2402 * Chalswonh. CA 91313-2402 Prod. NO. 5907 Reorder: Call Toll-Free 1-800-876-6627 .. . . , .. .. -". C4714 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of TyC\W&- 'PQpersonally known to me to be the acknowledged to executed the same in the entity upon behalf of which the person@ acted, executed the instrument. SS my hand and official seal. OPTIONAL Though the information below is not required by law, if may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer@) Other Than Named Above: Capacity(ies) Claimed by Signer 0 Individual 0 Corporate Officer - Title@): 0 Partner - 0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator Signer Is Representing: 0 1887 ~ational Nofar/ I\ssociation * 9350 De Solo Aye., P.O. Bax 2402. Chalswonh. CA 91313-2402 Prod. NO. 5907 Reorder: Call Toll-Free 1-800-876-8827