HomeMy WebLinkAboutCT 97-01; Continental Ranch Inc; 1998-0803502; Notice of RestrictionDOG +I# 1998-0803502
DEC 10, 1998 3:21 PM
‘i,;‘; ins;rcm:at fit-d for record by Contirert;?l IEX~ZT; TiLc ;‘3 cn accoqlodation only. It has not bzcn crabed HIS ti3
i:: cxcution or as to its effect cpon the title.
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: )
> City Clerk > CITY OF CARLSBAD > 1200 Carlsbad Village Drive >
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Carlsbad, Californiab2008-1989
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Space above this line for Recorder’s use
ParcelNo, 221-012-12,215031-06
NOTICE AND WAIVER CONCERNlNG PROXIMITY
OF THE PLANNED OR EXISTING
MELROSE DRIVE TRANSPORTATION CORRIDOR
CASE NO: CT 97-01
This Notice Concerning Environmental Impacts is made by Continental Ranch Inc., a
Delaware Corporation, 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 tiilest etient 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 hoIder of the title to certain real property in the
City of Carlsbad, County of San Diego, California, more fully described as:
All that portion of Section 13, Township 12 South, Range 4 West, San
Bernardino Meridian, and all that Portion of Section 18 and 19 of
Township 12 South, Range 3 West, San Bernardino Meridian, in the City
of Carlsbad, County of San Diego, State of California.
C. The property is located adjacent to the Melrose Drive 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 #l Rev. 03127195
FORM: NOISE 1: 2 OF 3
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
Map (CT 97-01) 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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Noise Form # 1 Rev. 03127195
I’ .
FORM:
Executed this fiS day of y , 19 75 .
*OWNER:
6 N7/MlNT& Emcy mu@*
(Name of Owner) I
By: -&iw.sQAn&
(sign here)
NOISE 1: 3 OF 3
hf/b 4 LoTm
(print name here)
Y/c45 p/eEls.
(title and organization of signatory)
(sign here)
c&w w+PwWes
(print name here)
pvr2% ’
(title and organization of signatory)
(Proper notarial acknowfedgment of execution by Contractor must be attached.)
(President or vice president m secretary or assistant secretary must sign for corporations. If
on/y one officer signs, the corporation must attach a resolution CetW8d by the secretary or
assistant secretary under corporate seal empowering that officer to bind the corporation).
(If signed by an individual partner, the pWttI8rShip must attach a statement of partnership
authorizing the partner to execute this instrument,.
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
By: A ‘&Q i&/J
J$$y City Adorn%-’
Noise Form # 1 Rev. 0312’7195
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
‘
On &\I II, pF7s before me, /I P rr1- L l/La r &c-f hqq \ 1 f I Notary Public, personally appeared&, ~;d fl /k&43 ; f4 &k+ , u personally
known to me - o--factory evidence to be the perso@ whose
narn&$~ subscribed to the within instrument and acknowledged to me that hekk@!b!b3y
executed the same in hi$her!@& authorized capaci @, and that by h@‘h&&& signa&)
on the instrument the perso d3 , or the entity upon behalf of which the perso@acted, executed
the instrument.
WITNESS my hand and official seal.
Noise Form #l Rev. 03127195