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HomeMy WebLinkAboutCT 95-05; Monarch Communities Of California; 1997-0575033; Notice of Restriction. i' .. .. .I RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 '1509 IOC #I 1997-0575033 t4OU 14. 1997 11n47 fill SkN DIE60 MWITY RECORDER'S OFFICE OFFICIAL RECORDS FEES; 43.00 GREGORY J. SHITH, COUNTY RECOROER I Space above this line for Recorder's Use Parcel No. 212-040-53 The undersigned, Monarch Communities of California, a California corporation (hereinafter referred to as 'Owner"), is the developer and holder of title to certain real property in the City of Carlsbad, County of San Diego, State of California more fully described as follows (hereinafter referred to as the 'Property"): Lots 1 through 63, inclusive, of Carlsbad Tract No. 9505 (-Emerald Ridge East) in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 134132 filed with the County Recorder of San Diego County on October 10, 1997 . The following NOTICES and WAIVERS are contained in this document: NOTICE AND WAIVER CONCERNING ENVIRONMENTAL IMPACTS RESULTING FROM PROXIMITY OF THE PLANNED OR EXITING PALOMAR AIRPORT ROAD TRANSPORTATION CORRIDOR NOTICE AND WAIVER CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS NOTICE AND WAIVER CONCERNING PROXIMITY TO FUTURE PARK SITE '1510 NOTICE AND WAIVER CONCERNING PROXIMITY TO FUTURE SCHOOL SITE NOTICE AND WAIVER CONCERNING PROXIMITY TO AGRICULTURAL LANDS 1. NOTICE AND WAIVER CONCERNING ENVIRONMENTAL IMPACTS RESULTING FROM PROXIMITY OF THE PLANNED OR EXISTING PALOMAR AIRPORT ROAD TRANSPORTATION CORRIDOR RECITALS A. The Property is located adjacent to the proposed or existing Palomar Airport Road Transportation Corridor (hereinafter referred to as the "Corridor") on which transportation vehicles such as automobiles, trucks, motorcycles andlor vehicles for rail and transit are proposed to travel. B. The Property has been or shall be developed in compliance with the City of Carlsbad and the State of California noise criteria, which may include mitigation in the form of setbacks, earthen berms, masonry walls, and/or structure upgrades. C. Owner has no control over the operations of the Corridor, including the types of vehicles, trips and traffic as well as the frequency of trips. D. It is the desire of Owner to give notice to any potential purchaser@) or other Owner@) of the Property or any part of it of the Property's proximity to the Corridor and the fact that such purchasers and others may be subject to the impacts of the Corridor. E. The purpose of this Notice and Waiver is to disclose to the fullest extent possible present and future potential impacts of noise generated by all manner of vehicles operating or traveling on or otherwise using the Corridor, including public and private vehicles, which will generate noise and other environmental impacts and waive such impacts. NOW, THEREFORE, in light of the above Recitals, Owner does, for itself as well as its successors and assigns, give the following notice@) and make the following waiver@) and other agreements: -2- P '1511 1. Owner has developed and/or shall develop the Property in accordance with Subdivision Tract/Parcel Map' (CTPM 9505) 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. 2. Owner has no responsibility for or control over the operation of the Corridor, including without limitation the types or numbers of vehicles operating on the Corridor or frequency of trips. 3. Vehicle operations on the Corridor may create significant impacts effecting the purchasers, tenants and occupants of the Property and the purchasers, tenants and occupants of the Property reside there subject to sight and sound of vehicle operation. 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 noise generated by all manner of vehicles operating or traveling on or otherwise using the Corridor, including public and private vehicles, which will generate noise and other environmental impact and 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 owner@) of Property or any part of it, 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, 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. 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 (Le., 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@) or other owner(s) of or successor(s)-in-interest to the Property or any part of it). 6. 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 or any part of it. -3- '1512 II. NOTICE AND WAIVER CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS RECITALS A. The Property is located approximately two miles from the McClellan-Palomar Airport in the City of Carlsbad, County of San Diego, State of California (the 'AirpoK), through which are conducted certain aircraft operations on and about the Airport and over real property in the vicinity of the Airport. B. Owner has no control' over the operations of the Airport, including the types of aircraft, flight, the flight patterns of the aircraft and the frequency of the flights. 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 air flight operation and the fact that such purchasers and others may be subject to overflight, sight and sound of aircraft operation and other impacts of, from or relating to the Airport. D. The purpose of this Notice and Waiver is to disclose to the fullest extent possible present and future potential impacts of noise generated by all manner of aircraft, including public, private and military aircraft, which will generate noise and other environmental 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 Tract/Parcel Map (CTPM 9505) 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. 2. Owner has no responsibility for or control over the operation of the Airport, including without limitation the types or numbers of flight operations, types of aircraft (including jet aircraft), timing of flight operation, or frequency of flights. -4- ," 4 '1513 3. The fligM operations of the Airport may create significant impacts effecting the purchasers, tenants and occupants of the Property and the purchasers, tenants and occupants of the Property reside there subject to overnight as well as the sight and sound of such flight operations. 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 noise generated by all manner of aircraft, including public and private aircraft, which will generate noise and other environmental impacts and to waive such impacts. Therefore, Owner, for itself as well as its heirs, administrators, executors, successors and assigns, including without limitation any purchaser@) or other owner@) of or successor(s>in-interest in or to the Property or any part of it, 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, any predecessor@)-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. 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@) of or successor(s)-in-interest to the Property or any part of it). 6. 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 or any part of it. 111. NOTICE AND WAIVER CONCERNING PROXIMITY TO FUTURE PARK SITE (POINSETTIA PARK) A. The Property is located in close proximity to a proposed community park. The park site is south of the Property on Hidden Valley Road. Proposed facilities for the park site include, but are not limited to, a lighted baseball field. Owners and other residents within the Property may experience, among other things, a glare from bright lights, noise and increased traffic in connection with the public's use of the park. There are no assurances if or when -5- '1514 the proposed park will be completed nor the facilities that may be included as part of the park. B. Owner has no control over operations of the park, including without limitation what facilities may be included as a part of the park. 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 park and the fact that such purchaser(s) and others may be subject to a glare from bright lights, noise, increased traffic and other impacts of, from or relating to the park. D. The purpose of this Notice and Waiver is to disclose to the fullest extent possible present and future potential impacts of bright lights, noise, increased traffic 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@) and other agreements: 1. Owner has developed and/or shall develop the Property in accordance with Subdivision TradParcel Map (CT/PM 9505) 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. 2. Owner has no responsibility for or control over the operation or use of the park. 3. The park 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 park. 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 glare from bright lights, noise, increased traffic or other impacts of the existence, operation or use of the Park, 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 the Property or any part of it acknowledges and accepts these existing -6- h '1515 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 sha'll 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@) 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 or any part of it. IV. NOTICE AND WAIVER CONCERNING PROXIMITY TO FUTURE SCHOOL SITE (CARLSBAD UNIFIED SCHOOL DISTRICT) A. The Property is located in close proximity to a proposed school site. As presently planned, the school site is south of the Property on Hidden Valley Road. Owners and other residents within the Property may experience, among other things, glare from the bright lights, noise and increased traffic in connection with the public's use of the school. There are no assurances if or when the proposed school will be completed nor the facilities that may be included as part of the school. B. Owner has no control over operations of the school, including without limitation what facilities may be included as a part of the school. -7- , .. '1516 C. It is the desire of Owner to give notice to any potential purchaser(s) or other owner@) of the Property or any part of it of the school and the fact that such purchaser@) and others may be subject to a glare from bright lights, noise, increased traffic and other impacts of, from or relating to the school. D. The purpose of this Notice and Waiver is to disclose to the fullest extent possible present and future potential impacts of bright lights, noise, increased traffic 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@) and make the following Waiver@) and other agreements: 1. Owner has developed andlor shall develop the Property in accordance with Subdivision TractlParcel Map (CTPM 9505) 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. 2. Owner has no responsibility for or control over the operation or use of the school. 3. The school 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 school. 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 glare from bright lights, noise, increased traffic or other impacts of the existence, operation or use of the school, 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@) or other small owner@) of or successor(s)-in-interest in or to the Property or any part of it acknowledges and accepts 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@)-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. -8- '1517 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 @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@) or other owner@) 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 or any part of it. V. NOTICE AND WAIVER CONCERNING PROXIMITY TO FUTURE AGRICULTURAL LANDS 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@) or other owner@) of the Property or any part of it of the agricultural land and/or uses and the fact that such purchaser@) 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. -9- . - .. . '1 5 1'8 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@) and make the following Waiver@) and other agreements: 1. Owner has developed and/or shall develop the Property in accordance with Subdivision TradParcel Map (CT/PM 9505) 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. 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@) of or successor(s)-in-interest in or to the Property or any part of it acknowledges and accepts 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 -10- 1519 covenants not to sue the City of Carlsbad, Owner and their respective diredon, 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 @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@) or other owner@) 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 PropeFty or any part of it. -11- Executed this \ ?day of b?fL1 \, ,1997 OWNER MONARCH COMMUNITIES OF CALIFORNIA, - Vice President and Managing Director By: Assistant Secretary u APPROVED AS TO FORM: RONALD R. BALL, CITY ATTORNEY -12- 1521 STATE OF CALIFORNIA 1 COUNTY OF ) ) ss: on&r,! r 15 , 1997 before me, Ai/& ,a state, personad -4 e , -(or proved ce) to be the person@) whose name@) Ware subscribed to the within instrument and acknowledged to me that he+sWthey executed the same in meir authorized capacity(ies), and that by hielRertUleir signature@) on the instrument the person@), or the entity upon behalf of which the person@) acted, executed the instrument. WITNESS my hand and official My commission expires: STATE OF CALIFORNIA 1 COUNTY OF ) ss: 1 On , 1997 before me, ,a notary public in and for said county and state, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s).whose name@) islare subscribed to the within instrument and acknowledged to me that heishehey executed the same in hisherheir authorized capacity(ies), and that by hisherheir 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. Notary Public My cornmission expires: