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HomeMy WebLinkAboutSP 201; La Costa Downs LP; 1995-0251471; Notice of Restriction(NOTICES) INDEX AS COVENANT (?lcnsc fill in docurncnl Iitlc(s) on Ihc Ibis lbc) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDlNG INFO~ATION (Addilional rcco;din: TCC epplies) 79 1 RECORDING REQUESTED BY AND ) WHEN RECORDED RETURN TO ' ) City Clerk 1 City of Carlsbad ) 1200 Carlsbad Village Drive 1 Carlsbad. CA 92008 1 1 .'+ 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: LOT Four (4) OF BLOCK 22, LA COSTA DOWNS UNIT NO^ 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AS SHOWN ON MAP THEREOF NO. 2013, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. The following NOTICES are contained in this document: NOTICE CONCERNING PR0XI"Y OF THE EXISTING -BAD BOULEVARD TRANSPORTATION CORRIDOR NOTICE CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS NOTICE CONCERNING RAILROAD ENVIRONMENTAL IMPACCS NOTICE CONCERNING PR0"ITY OF THE PROPOSED COMMUTER RAIL MSlT STATION NOTICE CONCERNING ODOR ENVIRONMENTAL IMPACCS I. NOTICE CONCERNING PROXIMITY OF TBE EXISTING CARLSBAD BOULEVARD TRANSPORTATION CORRlDOR RECITALS A. The purpose of this notice is to dsdose 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. described as corridor) on which transportation vehicles such as automobiles, t~&. motorcycles and'orvehicles B. ThepropertyislofatedadjacenttotheCarisbadBoulevardTransportationCorridor(hereaher 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. 1 MULTINOISE.FRM rev. WI?~ 792 proximity to the corridor and the fact that purchasers may be subject to the impacts of said proposed D. It is the desire of Owner to give notice to any potential purchaser of the real property of its transportation corridor. NOW THEREFORE, in light of the above Recitals, mer does, for itself, and its successors and assigns, give the following notice: 1. the City of Carlsbad, which approval includes the requirement of the City of Carlsbad. that the development her has and shall develop the property in aceordance with Specific Plan 201 approved by of the property be consistent with the Land Use Element and Noise Element of the General Plan of the City of Carlsbad. without limitation, the types or number of vehicles operating on the corridor. 2. That Owner has no responsibility or control over the operation of the corridor, including purchasers, tenants and occupants of the property and that purchasers, tenants and occupants of the property 3. That the vehicle operations on the corridor may create significant impacts affecting the reside there subject to sieht 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. potential impacts of noise generated by all manner of vehicles including public and private vehicles which will 5. The purpose of this notice is to disclose to the fullest extent possible present and future 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, sewants or employees as to any damages or injuries resulting from said impacts. 11. NOTICE CONCERNING AIRCRAFP 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. Carlsbad. San Diego County (the "Airport"), operated by the County of San Diego. through which are B. The property is located approximately 3 miles from the McCleUan-Palomar Airport, Ciy of 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 nirmaft, flight, . ~.. .. the flight patterns of the aircraft, nor the frequency of the flights. air flight operation and the fact that purchasers may be subject to overflight, sight and sound of aircraft D. It is the desire of Owner to give notice to any potential purchaser of the real property of the operating from the Airport. NOW, THEREFORE, in light of the above Recitals, as developer and mer of the property, does, for itself, and its successors and assigns. give the following notice: 2 MULTINOISE.FRM rev. 2228195 - - ., : 793 1. the City of Carlsbad. which approval indudes the requirement of the City of Carlsbad. that the development Owner has and shall develop the property in accordance with Specific Plan 201 approved by 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. occupied and improved subject to this Declaration and Notice. This Notice shall run with the property and 3. The property shall be held, conveyed, hypothecated, encumbered. leased, rented, used, 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 and covenants not to sue the City of Carlsbad, its agents, servants or employees ae IO any damages or injuries resulting from said impacts. 111. NOTICE CONCERNING RAILROAD ENVIRONMENTAL IMPACTS RECITALS potential impacts of noise generated by all manner of trains which will generate noise and other environmental A. The purpose of this notice is to disclose to the fullest extent possible present and future impacts. E. The property is located adjacent to the North County Transit District Railway, City of Carlsbad, San Diego County through which are conducted certain railway operatioason 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. Railroad operation and the fact that purchasers maybe subject tovibration, sight and sound oftrains operating D. It is the desire of Owner to give notice to any potential purchaser of the real property of the on the Railroad. NOW THEREFORE, in light of the above Recitals, as developer and mer of the property, does, for itself, and its successors and assigns, give the following notice: 1. Owcer hPs and sMl develop the proyrty in armrdance 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 and Noise Element of the General Plan of the City of Carlsbad. 2. That Owner has no responsibility or control over the opration of the Railroad. including without limitation, the types or number of trains, timiig of, or frequency of trains. 3. That the train operations of the Railroad may create significant environmental impact3 affecting the purchasers, tenants and occupants of the property and that purchasers, tenants and occupants of the property reside there subject to such vibration, sight and sound. 3 MULTINOISEFRM rev. zRSi95 794 occupied and improved subject to this Declaration and Notice. This Notice shall run with the property and 4. The property shall be held, conveyed, hypothecated, encumbered, leased, rented, used, shall be binding upon all parties having or aquiring any right, title or interest in tbe 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 tbese 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. w. NOTICE CONCERNING PROXIMITY OF THE CO-R 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 noke and other environmentai impacts. B. The property is located north of the proposed North County Commuter Rail Transit Station (hereafterdescnbedasstation)atwhichtransportationvehiclessuchasautomobiles,trucks,motorcyclesandlor vehicles for rail and transit are proposed to travel. and traffic, nor the frequency of the trips. C. Owner has no control over the operations of the station including the types of vehicles, trip proximity to the station and the fact that purchases may be subject to the impacts of said proposed D. It is the desire of Owner to give notice to any potential purchaser of the real property of its transportation station. NOW TAEREFORE, in light of the above Recitals. mer does, for itself, and its successors and assigns, give the following notice: 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. 1. Owner has and shall develop the property in aamrdance with Specitic Plan 201 approved by without limitation, the types or number of vehicles operating at the station. 2. That Owner has no responsibility or control over the operation of the station, including purchasers, tenants and occupants of the property and that purchasers, tenants and occupants of the property 3. That the vehicle operations at the station may create significant impacts affecting the 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 which will generate noise and other environmental impacts. Purchaser acknowledges and accepts these existing potential impacts of noise and traffic generated by all manner of vehicles including public and private vehicles 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. 4 MULTINOISEFRM rev. mps I ,. v. NOTICE CONCERNING ODOR ENVIRONMENTAL IMPAW RECITALS I 795 potential impacts of odor generated by the Encina Sewer Plant. A. The purpose of this notice is lo disclose to the fullest extent possible present and future San Diego County. B. The property is located approximately '/a mile from the Encina Sewer Plant, City of Carlsbad, 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 mer 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. occupied and imported subject to this Declaration and Notice. This Notice shall run with the property and 3. The property shall be held conveyed, hypothecated, encumbered, leased, rented, used, shall be binding upon all parties having or aquuig any right, title or interest in the property. impacts generated by the Sewer Plant. Purchaser acknowledges and accepts these existing and future impacts 4. The purpose of this Notice is to disclose to the fullest extent possible present and future odor and forever waives any and all causes of action and ulvenanls not to sue the City of Carlsbad, its agents, servants or employees as to any damages or injuries resulting from said impacts. Louis VaUone STATE OF CALIFORNIA, COUNTY OF SAN DIEGO } s.s on APRIL 14, 1995 , before me, ** LISA STURTEVANT ** , a Notary Public in and for said County and State, personally appeared **ROBERT H. BARELMANN** - PB~J/)c$W\cltfi/W/rpl#/W proved to me on the basis of satisfactory evidence) to be the person@) whose name@) islare subscribed to the within instrument and acknowledged to me that authorized capacity(ies), and that by hislherltheir helshelthey executed the same in hislherhheir signature@) on the instrument the person(s), or the entity upon behalf of which the person@) acted, executed the instrument. WITNESS my ha Signature FOR NOTARY SEAL OR STAMP ~. STATE OF CALIFORNIA, COUNTY OF LOS ANGELES } S.S. On April .- .. - 27, 1995 , before me, Wayne A. Evans , a Notary Fublic in and for said County and State, personally appeared Louis Vallone and Mary Vallone personally known to me (or proved to me on the basis of satisfactory evidence) to be the person@) whose name@) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized capacity(ies), and that by hislherltheir signature@) on the instrument the person(s), or the entity upon behalf of which the person@) acted, executed the instrument. Signature FOR NOTARY SEAL OR STAMP LOS ANGELES COUNTY TE 160 Legal (2-94) Thls fo" IS furnlshed by Chicago Title Company