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HomeMy WebLinkAboutSP 201; La Costa Downs LP; 1995-0251477; Notice of RestrictionCITY CLERK RF: 11.00 fm CARLSBAD, CA. 92003 6REm SnITH' awlwM REcDR~ 1200 CARLSBAD VILLAGE DRIVE !#l DIEGO CWHTY BCORDER'S OFFICE CITY OF CARLSBAD UFFICIEV RELORDS 25.00 :i #I 13.00 ff: 1.00 978666-02 I, I i 77/15 SPACE FOR RECORDERY USE OMY (NOTICES) INDEX AS COVENANT (T'lcasc fill in documcnl lillc(s) on Lhc his linc) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR REC0iU)ING INiORMATIOh' (Additional reco;dinp Jx epplis) 6194 F.:t.fom ms .r . [;EC33DCD'AT THE RfQUEST OF' c;&!:/.,5:> jag G22. RECORDING REQUESTED BY AND ) WHEN RECORDED RETURN TO ' ) City Clerk ) City of Carlsbad ) 1200 Carlsbad Village Drive 1 Carlsbad, CA 92008 1 6L* T7fh66 -OW 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 SEVEN (7) OF BLOCK 22, LA COSTA MWNS 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 TEE EXISTING CARLSBAD BOULEVARD TRANSPORTATION CORRIDOR NOTICE CONCERNING AIRCRMT ENVIRONMENTAL IMPACTS NOTICE CONCERNING RAILROAD ENVIRONMENTAL IMPACTS NOTICE CONCERNING PROXIMITY OF TEE PROPOSED COMMUTER RAIL TRANSIT STATION NOTICE CONCERNING ODOR ENVIRONMENTAL IMPACTS I. NOTICE CONCERNING PROXIMITY OF TEE EXISTING CARLSBAD BOULEVARD TRANSPORTATION CORRlDOR RECITALS A. The purpose of this notice is to disdose to the fullest extent possible presenl 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, trucks, motorcycles and/or vehicles B. ThepropertyislocatedadjacenttotheCarlsbadBoulevardTransportationCorridor(hereafter for rail and transit are proposed to travel. C. Owner has no control over the operations of the comdor including the types of vehicles, trips and traffic, nor the frequency of the trips. 1 MULTINOISE.FRM rev. mi95 820 .. 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 gie 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 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 comdor may create significant impacts affecting the reside there subject to sieht and sound of vehicle operation. , 4. occupied and improved subject to this Notice. This Notice shall run with the property and shall be binding The property shall be held, conveyed, hypothecated, encumbered, leased, rented, used, 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. NOnCE CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS RECITALS potential impacts of noise generated hy all manner of aircraft including public and private aircraft which will A. . The purpose of this notice is to disclose to the fullest extent possible present and future 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 mid Airport and over real property in the vicinity of the AirpOit. ~ ~~ .. the flight patterns of the aircraft. nor the frequency of the flights. C. Owner 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 potentia1 purchaser of the real property of the operating from the Airport. NOW, 'ITXEREFORE, 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: 2 MULTINOISEFRM rev. WP5 82 I 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 is consistent with the Land Use Element and Noise Element of the General Plan of the City of Carlsbad. 2. without limitation, the types or number of flight operations, types of aircraft (including jet aircraft), timing of That Owner has no responsibility of control over the operation of the Airport, including flight operation, or frequency of flights. 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 aquiring any right, title or interest in the property. 3. The property shall be held, conveyed, hypothecated, encumbered. leased, rented, used, potential impacts of noise generated by all manner of aircraft including public and private aircraft which will 4. The purpose of this Notice is to disclose 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 Carlsbad, its agents, servants or employees as to any damages or injuries resulting from said impacts. 111. NOTICE CONCERNING RAILROAD ENVIRONMENTAL IMPACIS 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. B. The property is lofated 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. Railroad operation and the fact that purchasers may be subject to vibration, sight and sound of trains 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: 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 hPs 2nd shell develop the property in amrdance with Specific Plan 201 approved by without limitation, the types or number of trains, timing of, or frequency of trains. 2. That Owner has no responsibility or control over the operation of the Railroad, including 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. 2l28195 ., 4. The property shall be held, conveyed, hypothecated, encumbered, leased, rented, used, . 822 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 aquiriig any right, title or interest in the property. 5. potential impacts of noise. generated by all manner of trains which will generate noise and other environmental The purpose of this Notice is to disclose to the fullest extent possible present and future all causes of action and covenants not to sue the City of Carlsbad, its agents, servants or employees as to any impacts. Purchaser acknowledges and accepts these existing and future impacts and forever waives any and damages or injuries resulting from said impacts. w. 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 environmentai impacts. B. The property is located north of the proposed North County Commuter Rail Transit Station (hereafterdesnibedasstation)atwhichtransportationvehiclessuchasautomobiles,trucks,motorcyclesandlor 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, 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 Carlsbad. of the property is consistent with the Land Use Element and Noise. Element of the General Plan of the City 1. Owner has and shall develop the property in accordance with Specific Plan 201 approved by 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, upon all parties having or acquiriig any right, title or interest in the property. occupied and improved subject to this Notice. This Notice shall NU with the property and shall be binding 5. The purpose of this notice is to disclose to the fullest extent possible present and future potential impacts of noise and traffii generated by all manner of vehicles including public and private vehicles which will generate noise and other environmental impacts. Purchaser acknowledges and accepts these exicrting 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 MULTINOISE.FRM rev. WEJ5 v. NOTICE CONCERNING ODOR ENVIRONMENTAL IMPACTS ,' 8'23 pEClTALS potential impacts of odor generated by the Encina Sewer Plant. A. The purpose of this notice is to disclose to the fullest extent possible present and future San Diego County. B. The property is located approximately Vi 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 pnrchassr 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 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. 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 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 servants or employees as to any damages or injuries resulting from said impacts. and forever waives any and all causes of action and covenants not to sue the City of Carlsbad, its agents, M WmESS WHEREOF, these mlarat+onr ~f, I) NO& of codor tdw, and sound; 10 Notke By: Robert A. Barelmano, General Partner By: LA cQp7A iXuN l"p- By: 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** Pef.wWf/)cflp'\llCn/tslM#/W Proved to me on the basis of satisfactory evidence) to be the person(s) whose name(@ islare subscribed to the within instrument and acknowledged to me that helshelthey 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@) acted, executed the instrument. FOR NOTARY SEAL OR STAMP WITNESS my hand and Signature - STATE OF CALIFORNIA, COUNTY OF \ on7,ep } S.S. On Maq 25; 1995 , before me, MQr4t~l I- A rnon IV , a Notary Public in and for said Count? and State, personally appeared PI IL-M~I 2 Sh0re.S personally known to me (- thP-basis-sf--s&sf~tay~-.evkIewe) to be the personpj whose name# isp6subscribed to the within instrument and acknowledged to me that he/&ltp$ executed the same in hisltpflthd authorized capacity(+, and that by hislpdlthd signaturew on the instrument the person& or the entity upon behalf of which the person(d acted, executed the instrument. WITNESS my hand and official seal. r FOR NOTARY SEAL OR STAMP TE 160 Legal (2-94) This form IS furnished by Chicago Title Company