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Home My WebLink AboutCT 99-20; Carlsbad Summit LLC; 2000-0551661; Notice of Restriction* - \ .’ DOC y 2000-0551461 3397 OCT 13c 2000 XL=26 AM OFFICIAL REmDS W DIEHI CDIMY REURDER’S OfFICE GREm kEii!ims @!YDERDER MY:: 2 l RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ; City Clerk ) CITY OF CARLSBAJ3 1200 Carlsbad Village Drive ; Carlsbad. California 9200% 1989 1 I Space above this line for Recorder’s use Parcel No. 2 12-092- 15-00 NOTICE AND WAIVER CONCERNING PROXIMITY OF THE PLANNED OR EXISTING PALOMAR AIRPORT ROAD TRANSPORTATION CORRIDOR(S) CASE NO: CT 99-20 / PUD 9-09 This Notice Concerning Environmental Impacts is made by Carlsbad Summit, LLC , a California limited liability company, 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 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 f3-om 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 PALOMAR AIRPORT ROAD 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. 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. Noise Form #1 -H$+. Rev. 02/02/99 u”+ c + 3398 FORM: NOISE 1: 2 OF 3 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 - 99-20) 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 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. . . . . . . . . . Noise Form #l Rev. 02102199 3399 FORM: NOISE 1: 3 OF 3 Executed this 13th dayof September *OWNER: Genstar Southwest Carlsbad, LLC a Delaware limited liability company ,200o . (Name of Owner) LaDONNA K.MONSEES VICE CHAIRMAN 8. PRESIDENT (print name here) (title and organization of signatory) By: ’ (Jf&&&, c, i’ (sign here) LAURA C. WENDING VICE PRESIDENT (print name here) (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 ofiYcer(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). APPROWD AS TO FORM: Noise Form #l Rev. 02/02/99 C STATE OF CALIFORNIA COUNTY OF SAN DIEGO On 13u h before me, k\z h%Wd \ Notary Public, personally appeared h&g. m& (-kJWL6 w rsonally knowntome-or[ ]mmeont to be the person(s) whose name(s) p/are subscribed to the within instrument and acknowledged to me that @$he/they executed the same in h@s/h&their authorized capacity(ies), and that by h&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. Notary Public -California Noise Form #l Rev. 02/02/99 1 ‘ < . . 3401 RESOLUTION OF GENSTAR SOUTHWEST CARLSBAD LLC I, LaDonna K. Monsees, Vice Chairman and President of Genstar Southwest Carlsbad, LLC, a Delaware limited liability company, (“LLC”), do hereby certify that the following Resolutions were duly adopted by the LLC in La Jolla, California, to wit: NOW, THEREFORE, BE IT RESOLVED that the persons listed below are hereby appointed as officers of the LLC, and, BE IT FURTHER RESOLVED (i) that any two of such officers are hereby authorized to enter into any contract or agreement in the name of and on behalf of the LLC, provided one signor is also a Chairman or Vice Chairman, and such authority may be general or confined to specific instances; and, (ii) that any financial instrument may be executed on behalf of and in the name of the LLC by any two of the following officers, provided one signor is also a Chairman or Vice Chairman: Robert B. McLeod, Chairman of the Board and Chief Executive Offtcer LaDonna K. Monsees, Vice Chairman, President and Chief Financial Officer Derek C. Thomas, Vice Chairman, Chief Operating Officer and Secretary Laura C. Wending, Vice President and Treasurer James M. Delhamer, Vice President Leonard Miller, Assistant Secretary Dolores A. Valle, Assistant Secretary The foregoing Resolutions were duly adopted by the LLC; and the foregoing Resolutions remain in full force and effect as of this date. Dated: June 28, 2000 Labonna K. Monsees, Vide Chairman and President STATE OF CALIFORNIA COUNTY OF SAN DIEGO On June 28, 2000, before me, Dolores A. Valle, Notary Public, personally appeared LaDonna K. Monsees, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity and that by her 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. &&L Notary Public in and for the State of California