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Home My WebLink AboutSP 201; La Costa Downs LP; 1995-0251475; Notice of Restriction(NOTICES) INDEX AS COVENANT (?lac fill in dxumcnl lillc(s) on lhc ibis linc) THIS PAGi ADDED TO PROVIDZ ADEQU/.TE SPXCE FOR RECOXDING INFORMATION (Addiiionjl ;czorL'ing iz zppiicr) 6/94 F.cs.form i'N5 '81 0 ?.:l<,,:;,.m -NE GO. :;C3?DED AT THE R.+QUEST OF: RECORDING REQUESTED BY AND ) WHEN RECORDED RETURN TO ' ) City Clerk 1 City of Carlsbad 1 1200 Carlsbad Village Drive 1 Carlsbad, CA 92008 ) ) 4 'L 2,. ? 7 %66 -a" ) 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 descriid as: LOT SIX (6) AND LOT TEN (1 0) 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 PROXIMITY OF THE EXISTING CARLSBAD BOULEVARD TRANSPORTATION CORRIDOR NOTICE CONCERNING AIRCRAliT ENVIRONMENTAL IMPACIX NOTICE CONCERNING RAILROAD ENVIRONMENTAL IMPACTS NOTICE CONCERNING PROXIMITY OF THE PROPOSED COMMUTER RAIL TRANSIT STATION NOTICE CONCERNING ODOR ENVIRONMENTAL IMPACl'S 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. described as corridor) on which transportation vehicles such as automobiles, IN&, motorcycles and/orvehicles B. ThepropertyislocatedadjacenttotheCarlsbadBoulevardTransportationCorridor(hereafter for rail and transit are proposed lo travel. C. Owner has no control over the operations of the corridor induding the types of vehicles, trip and traffic, nor the frequency of the trips. 1 MULTINOISE.FRM rev. Zf28195 D. It is the desire of Owner to give notice to any potential purchaser of the real property o 8L1 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, 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 Owner has and shall develop the property in accordance 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 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 aquiriig 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, servants or employees as to any damages or injuries resulting from said impacts. 11. NOTICE CONCERNING AIRCm ENVIRONMENTAL IhiPACTS 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. . the flight patterns of the aircraft, nor the frequency of the flights. C. her has no control over the operations of the Airport, including the types to aircraft, flight, 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 propelty, does, for itself, and its successors and assigns. give the following notice: 2 MULTINOISEFRM rev. wl95 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 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. potential impacts of noise generated by all manner of aircraft including public and private aircrah which will 4. The purpose of this Notice is to dtclose to the fullest extent possible present and future 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 Carlshad, its agents. servants or employees as to ally damages or injuries resulting from said impacts. 111. NOTICE CONCERNING RAILROAD ENVIRONMENTAL IMPAClX RECITAIS 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. Carlsbad,San Diegocounty throughwhich areconductedcertain railway operationson and about said railway. B. The property is located adjacent to the North County Transit District Railway, City of C. Owner has no control over the operations of the Railroad, includiog 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 on the Railroad. Railroad operation and the fad that purchasers may be subjed to vibration, sight and sound of trains operating 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. Owoer hts and shell develop the pro.perty in amordance with Specific Plan 201 approved by the City of Carlsbad,wbich approval includes the requirement of the City of Carlsbad, that the development of Carlsbad. of the property is consistent with the Land Use Element and Noise Element of the General Plan of the City 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. affecting the purchasers, tenants and occupants of the property and that purchasers, tenants and occupants of 3. That the train operations of the Railroad may create significant environmental impacts the property reside there subject to such vibration, sight and sound. 3 MULTINOISEFRM rev. 2f2% .. - 81 3 4. occupied and improved subject to this Declaration and Notice. This Notice shall run with the property and 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. potential impacts of noise generated by all manner of trains which will generate noise and other environmental 5. The purpose of this Notice is to disclose to the fullest extent possible present and future impacts. Purchaser acknowledges and accepts these existing and future impacts and forever waives any and damages or injuries resulting from said impacts. all causes of action and covenants not to sue the City of Carlsbad, its agents, servants or employees as to any w. NOTICE CONCERNING PROXIMITY OF THE COMMUTER RAIL TRANSIT STATION RECITALS potential impacts of noise and traffic generated by all manner of vehicles including public and private vehicles A. The purpose of this notice is to disclose to the fullest extent possible present and future which may generate noise and other environmeutai impacts. E. The property is located north of the proposed North County Commuter Rail Transit Station (hereafter described as station) atwhich transportationvehiclessuch as automobiles, trucks, motorcycles andlor 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, trips proximity to the station and the fact that purchases may be subjed 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. the following notice: NOW TAEREFORE, in light of the above Recitals. mer does, for itself. and its successors and assigns, give the City of Carlsbad, which approval includes the requirement of the City of Carlsbad, that the development 1. Owner has and shall develop the property in accordance with Speciiic 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 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 bindmg upon all parties having or acquiring any right. title or interest in the property. 5. The purpose of this notice is to disdose to the fullest extent possible present and future which will generate noise and other environmental impacts. Purchaser acknowledges and accepts these elristing potential impacts of noise and traffic generated by all manner of vehicles induding 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, sewants or employees as to any damages or injuries resulting from said impacts. 4 MULTINOISEFRM rev. zns/ss ’ ,. v. NOTICE CONCERNING ODOR ENVIRONMENTAL IMPACTS pEClTALS 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 ‘h 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 of the property is consistent with the Land Use Element of the General Plan of the City of Carlsbad. the City of Carlsbad, which approval includes the requirement of the City of Carlsbad, that the development 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 aquiriig 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 and forever waives any and all causes of action and covenants not to sue the City of Carlsbad, its agents, impacts generated by the Sewer Plant. Purchaser acknowledges and accepts these existing and future impacts servants or employees as to any damages or injuries resulting from said impacts. IN WITNESS WHEREOF, thee hhrations of, 0 Notice of codor tmsc, sight and sound; n) ~~k~ of aimraft, sight and sound; m) Notice of train vibratiou, v) Notice of station trafic, sight and sound are made this By: Marion S. Donahue CALIFORNIA ALIrpuRPoBE ACKNOWLEDGNIENT STATE OF CALIFORNIA COUNTY OF SAN DIEGO . . . .. I. 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** P$IWWJ/)CMW~~/W~W/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 helshelthey executed the same in hislherltheir signature@) on the instrument the person(s), or authorized capacity(ies), and that by hislherltheir the entity upon behalf of which the person@) acted, executed the instrument. WITNESS Signature FOR NOTARY SEAL OR STAMP STATE OF CALIFORNIA, COUNTY OF San Bernardino } S.S. On April 25, 1995 , before me, **Carolyn K. Krupp** , a Notary Public in and for said County and State, personally appeared Richard T. Donahue and Marion S. Donahue 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 hislherltheir signature@) on the instrument the person(s), or the entity upon behalf of which the person@) acted, executed the instrument. personally known to me (w-provd4&” tin? La& ui saTMzimry evidence) to be FOR NOTARY SEAL OR STAMP I______________II J TE 160 Legal (2-94) Thls form IS furnished by Chicago Title Company