HomeMy WebLinkAboutSDP 01-05; McMillan Companies LLC and Tamarack Properties; 2003-0270119; Notice of RestrictionDOC # 2003-0270119
MAR 113 2003 8~46 QH
% RECORDING REQUESTED BY AND )
1
WHEN RECORDED MAIL TO:
City Clerk 1.
CITY OF CARLSBAD
1200 Carlsbad Village Drive 1
Carlsbad, California 92008-1989 1
Space above this line for Recorder's use
Parcel No. portion of 168-040-29 and 168-050-27
NOTICE AND WAIVER CONCERNING PROXIMITY
OF THE PLANNED OR EXISTING
COLLEGE BOULEVARD TRANSPORTATION CORRIDOR(S)
CASE NO: SDP 0 1-05
This Notice Concerning Environmental Impacts is made by (name of legal owner)
McMillan Companies, LLC and Tamarack Properties, Inc., a(n) (individual, carpomtion, etc.)
Delaware limited liability and a California 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 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.
B. The Owner is the developer andor holder of the title to certain real property in the
City of Carlsbad, County of San Diego, California, more fully described as:
Lot 3 of Carlsbad Tract No. 00-02, Calavera Hills Phase 11, in the City of
Carlsbad, County of San Diego, State of California, according to Map
thereof No. 14541 filed in the Office of the County Recorder of San Diego
County, February 12,2003.
C. The property is located adjacent to the College Boulevard Transportation
Corridor (hereafter described as corridor) on which transportation vehicles such as automobiles,
trucks, motorcycles andor vehicles for rail and transit are proposed to travel.
Noise Form #I Rev. 02/02/99
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. Owners have 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 Owners 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, owners do, for themselves, and their
successors and assigns, give the following notice and makes the following waiver:
1. Owners have and shall develop the property in accordance with a Site
Development Plan (SDP 01-05) 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 Owners have 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 vehcle 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 fi-om said impacts.
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Noise Form #1 Rev. 02/02/99
FORM: NOISE 1: 3 OF 3
Executed this 7fi day of FA rJuW 4 , 2003 .
*OWNER: Calavera Hills 11, SLC a California Limited Liability Company,
By: McMillin Companies LLC, A Delaware limited liability company,
Its: Managing Member
(Name of Owner)
(sign-here)
Don Mitchell
(print name here)
Vice President
(sign here)
Brian Milich
(print name here)
Senior Vice President
(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 ofticer(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).
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
Noise Form #1 Rev. 02/02/99
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On January 17th, 2003 before me, Elizabeth M. Breid
Notary Public, personally appeared Don Mitchell & Brian Milich , personally
known to me - BX$X$JSX~~~ to be the person(s) whose
name(s) Ware subscribed to the within instrument and acknowledged to me that UEWthey
executed the same in their authorized capacity(ies), and that by -their signature(s)
on the instrument the person(s), or the entity upon behalf of which the person@) acted, executed
the instrument.
WITNESS my hand and official seal.
Noise Form #1 Rev. 02/02/99