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HomeMy WebLinkAboutCT 99-02; Fieldstone Poinsettia Cove LLC; 2000-0182180; Notice of Restriction’ 1 . ’ * - RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: 1 > City Clerk CITY OF CARLSBAD ; 1200 Carlsbad Village Drive > Carlsbad. California 92008- 1989 j 1633 DOC -it 2000-0182180 APR 119 2000 8:13 . fwl OFFICIAL REmDs SAN DIEGO COUNTY RECORDER’S OFFICE GREGORY J. ‘i%ITH~ MHnrrY RECORDER FEES: 31.00 llYl~lllllliYllllll~lllllYlilMilillilWiliMl~~ 2000-0182180 Space above this line for Recorder’s use c799-0 32 Parcel No. 214-150-17 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: Portions of Lots 2 and 3, and the East Half of Northeast Quarter in Section 29, Township 12 South, Range 4 West, San Bernardino Meridian, City of Carlsbad, San Diego County, State of California The following NOTICES are contained in this document: NOTICE CONCERNING PROXIMITY OF THE EXISTING CARLSBAD BOULEVARD TRANSPORTATION CORRIDOR NOTICE CONCERNING AIRClUFT ENVIRONMENTAL IMPACTS NOTICE CONCERNING RAILROAD ENVIRONMENTAL IMPACTS NOTICE CONCERNING PROXIMITY OF THE PROPOSED COMMUTER RAIL TRANSIT STATION NOTICE CONCERNING ODOR ENVIRONMENTAL IMPACTS I. NOTICE CONCERNING PROXIMITY OF THE EXISTING CARLSBAD BOULEVARD TRANSPORTATION CORRIDOR 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. B. The property is located adjacent to the Carlsbad Boulevard 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. MULTINOISE.FRM 1 Rev. 313100 loos D. 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 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 Specific Plan 210 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 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 against the City of Carlsbad, and covenants not to sue the City of Carlsbad, its agents, servants or employees as to any damages or injuries resulting from said impacts. II. 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 3 miles from the McClellan-Palomar Airport, City of Carlsbad, 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 to 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. 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: MULTINOISE.FRM 2 Rev. 3/3/00 1. Owner has and shall develop the property in accordance with Specific Plan 210 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 of 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 of action against the City of Carlsbad, 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 CONCERNING RAILROAD 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 trains which will generate noise and other environmental impacts. B. The property is located adjacent to the North County Transit District Railway, City of Carlsbad, San Diego County through which are conducted certain railway operations on and about said railway. C. Owner has no control over the operations of the Railroad, including the types of equipment nor the frequency of the trains. D. It is the desire of Owner to give notice to any potential purchaser of the real property of the Railroad operation and the fact that purchasers may be subject to vibration, sight and sound of trains operating on the Railroad. 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 Specific Plan 210 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 Railroad, including without limitation, the types or number of trains, timing of, or frequency of trains. 3. That the train operations of the Railroad may create significant environmental impacts affecting the purchasers, tenants and occupants of the property and that purchasers, tenants and MULTINOISE.FRM 3 Rev. 3/3/00 occupants of the property reside there subject to such vibration, sight and sound. 4. 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. 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 trains 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. IV. NOTICE CONCERNING PROXIMITY OF THE COMMUTER RAIL TRANSIT STATION RECITALS A. The purpose of this notice is to disclose to the fullest extent possible present and future potential impacts of noise and traffic generated by all manner of vehicles including public and private vehicles which may generate noise and other environmental impacts. B. The property is located south of the proposed North County Commuter Rail Transit Station (hereafter described as station) at 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 station 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 its proximity to the station and the fact that purchases may be subject to the impacts of said proposed transportation station. 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 Specific Plan 2 10 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 station, including without limitation, the types or number of vehicles operating at the station. 3. That the vehicle operations at the station 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 and traffic generated by all manner of vehicles including public and private vehicles which will generate noise and other environmental impacts. Purchaser acknowledges and MULTJNOISE.FRM 4 Rev. 3l3lOO 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. V. NOTICE CONCERNING ODOR ENVIRONMENTAL, IMPACTS RECITALS A. The purpose of this notice is to disclose to the fullest extent possible present and future potential impacts of odor generated by the Encina Sewer Plant. B. The property is located approximately % mile from the Encina Sewer Plant, City of Carlsbad, San Diego County. C. Owner has no control over the operations of the Sewer Plant. D. It is the desire of Owner to give notice to any potential purchaser of the real property of the Sewer Plant operation and the fact that purchasers may be subject to odor impacts from the Sewer Plant. 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 Specific Plan 201 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 of the General Plan of the City of Carlsbad. 2. That Owner has no responsibility or control over the operation of the Sewer Plant. 3. The property shall be held conveyed, hypothecated, encumbered, leased, rented, used, occupied and imported 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 odor impacts generated by the Sewer Plant. 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. IN WITNESS WHEREOF, these Declarations of, I) Notice of corridor traffic, sight and sound; II) Notice of aircraft, sight and sound; III) Notice of train vibration, sigh and sound; IV) Notice of odor impacts; and V) Notice of station traffic, sight and sound are made this 9?‘* day of H&-&I , 20&W. MULTINOISE.FRM Rev. 3/3/00 . . .’ . m ’ , *OWNER: FIELDSTONE POINSETTIA COVE. LLC A DELAWARE LIMITED LIABILIiY COMPANY BY: FIELDSTONE COMMUNITIES, INC., A (sign here) A V\vxCA L- w (print name here) &E+L&d- Set d-wq (title and organization of signatory) (Proper notarial acknowledgment of execution by Contractor must be attached.) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument). APPROVLD AS TO FORM: M.ULTINOISE.FRM Rev. 3l3lOO STATE OF CALIFORNIA COUNTY OF SAN DIEGO On 3 /4kAYJ before me, H/A/V/ r’, - 77+/v / c&v-@ Notary Public, personally appeared A ,,- ,,,A L, -- c r d T/ q fJ k’~fj+$&Z%l$‘HV 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 authorized 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. MULTINOISE.FRM Rev. 313100 .- ,. !.-’ .--. .--- I-1’ ----.-- -_“-^- ,-- -, . -- --_ b . * ___ - -- - e.., _-. .-z. _..‘. #.. _.I_ . - - . . - 1. :. . - -1, .:: :,11 ,‘ --- .<I : II&j@ : UNANIMOUS WRI~N CONSENT OF THE BOARD OF DIRECTORS OF n FIELDSTONE COMMUNITIES, INC. May 14,1997 The undersigned, being all of the Directors of FIELDSTONE COMMUNITIES, INC., a, California Corporation, do hereby consent pursuant to the provisions of Sections 307(b) of the Corporations Code of the State of California and the Bylaws Of this ~~rpoE~tiOn, to the adoption of the following resolutions effective as of May 14, 1997: RESOLVED, that pursuant to Article IV, Section 4.04 of the Bylaws of this Corporation, Andrew D. Murphy is hereby removed from his office as Treasurer of this Corporation, effective May 14, 1997; and RESOLVED FURTHER, that pursuant to Article IV, Section 4.03 of the Byiaws of this Corporation, the following person is elected to the office set forth opposite their name, effective May 14,1997: ANDREW D. MURPHY ASSISTANT SECRETARY RESOLVED FURTHER, that Andrew D. Murphy, Assistant Secretary of FIELDSTONE COMMUNITIES, INC., with the approval of the Board of Directors, be authorized, for and in the name of this Corporation, to execute documents related to the lawful acts of this corporation, including but not limited to: a> CC&R’s b) Grant Deeds for individual homes C> Department of Real Estate documents d) Easements e) Utility Contracts f) Government processing applications RESOLVED FURTHER, that all such documents require the signature of any two (2) corporate officers. IN WITNESS WHEREOF, the undersigned Directors of this corporation have executed this Unanimous Written Consent on this 14” day of May, 1997. b42?!62& Keith A. Johnfi I Aennith L. krtz Fhnk S. Foster C:W7datako&7Weld6tone communith, inc.VJ514resduhn.d0~ - UNANIMOUS WRIT-TEN CONSENT OF THE BOARD OF DIRECTORS OF FIELDSTONE COMMUNITIES, INC. September 9,1997 The undersigned, being all of the Directors of FIELDSTONE COMMUNITIES, INC., a California Corporation, do hereby consent pursuant to the provisions of Sections 307(b) of the Corporations Code of the State of California and the Bylaws of this corporation, to the adoption of the following resolutions effective as of September 9, 1997: RESOLVED, that pursuant to Article IV, Section 4.03 of the Bylaws of this Corporation, that the following person is elected to the office set forth opposite their name, effective September 4, 1997: ANNA L SCOTT ASSISTANT SECRETARY RESOLVED FURTHER, that Anna L. Scott, Assistant Secretary of FIELDSTONE COMMUNITIES, INC., with the approval of the Board of Directors, be authorized, for and in the name of this Corporation, to execute documents related to the lawful acts of this corporation, including but not limited to: P 4 CC&R’s b) Grant deeds for individual homes cl Department of Real Estate documents d) Easements e) Utility contracts 9 Government processing applications 9) Subdivision Agreements RESOLVED FURTHER, that all such documents require the signature of any two (2) corporate officers. IN WITNESS WHEREOF, the undersigned Directors of this corporation have executed this Unanimous Written Consent on this 9” day of September, 1997. C:Wdalakopr97Vvtkls~ communitias, lnc.D9O4 resoWon.* ! 1 : I I ,*,I ,. ‘I, ,, .,k