Loading...
HomeMy WebLinkAboutSP 201; La Costa Downs LP; 1995-0251482; Notice of RestrictionAND WHEN RECORDED MAIL TO: CITY CLERK CARLSBAD, CA. 92003 1200 CARLSBAD VILLAGE DRIVE /7 CITY OF CARLSBAD 978666-02 I ;r 77/15 SPACE FOR NCORDEK'S USE 0hT.Y (NOTICES) INDEX AS COVENANT THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDlNG INFORMATION (Addi\ional rsordiny ftc nppliet) RECORDING REQUEsTED BY AND ) WHEN RECORDED RETURN TO ' ) City Clerk City of Carlsbad 1 1200 Carlsbad Village Drive Carlsbad, CA 92008 ) svv 1 I. NOTICE CONCERNING PRO- OF TEE EXISTING CARLSBAD BOULEVARD TRANSPORTATION CORRIDOR RECITALS A. The purpose of this notice is lo disclose to the fullest extent pogsible present and future generate noise and other environmental impacts. potential impafts of noise generated by all manner of vehicles including public and private vehicles which will described as corridor) on which transportation vehicles such as automobiles, trucks, motorcycles and/orvehicles 8. ThepropertyislocatedadjacenttotheCarlsbadBoulevardTransportationCorridor(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. 2/28/95 D. 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 purchasers 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: 839 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 be 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 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. occupied and improved subject to this Notice. This Notice shall run with the property and shall be binding . 4. The property shall he held, conveyed. hypothecated, encumbered, leased, rented, used, upon all parties having or aquiriing 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 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 AIRCRAFI‘ ENVIRONMENTAL IMPACTS RECITALS potential impacts of noise generated by 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. E. The property is located approximately 3 miles from the Maellan-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. 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 sonnd 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 owner of the property, does, for itself, and its successors and assigns. give the following notice: 2 MULTINOISE.FRM rev. 22281M 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. 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. 3. 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 aircraft including public and private aircraft which will generate noise and other environmental impact. Purchaser acknowledges and accepts these existing and future servants or employees as to any damages or injuries resulting from said impacts. impacts and waives any and all causes of action and covenants not to sue the City of Carlsbad, its agents, 4. The purpose of this Notice is to disclose to the fullest extent possible present and future 111. NOTICE CONCERNING RAILROAD ENVIRONMENTAL IMPAClS 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 dsflose to the fullest extent possible present and future impacts. Carlsbad. San Diego County through which are conducted certain 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, including 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 fact that purchasers maybe subject tovibration, sight and sound oftrains operating NOW THEREFORE, in light of the above Recitals, as developer and Owner of the property, does, for itself, and its sucfessors 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 and shtll develop the proyrty in armrdanm with Specifii Plan 201 approved by without limitation, the types or number of trains, timiig of. or frequency of trains. 2. That Owner has no responsibility or control over the operation of the Railroad, including 3. That the train operations of the Railroad may create significsnt environmental impacts 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 MULTINOISE.FRM rev. 2.28195 4. 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. 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 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. w. NOTICE CONCERNING PROXI" OF TAE COhl"ER RAIL TRANSIT STATION 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. E. The property is located north of the proposed North County Commuter Rail Transit Station (hereaHerdescnbedasstation)atwhichtransportationvehiclessuchasautomobiles,trucks,motorcyclesand/or 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 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 ita transportation station. NOW THEREFORE, in light of the above Recitals, Owner does, for itself, and its successors and assigns, give the following notice: 1. Owner has and shall develop the property in accordance with Specifii 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 operation of the station, including without limitation, the types or number of vehicles operating at the station. 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. 3. That the vehicle operations at the station may create significant impacts affecting the 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 bmding 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 and traffi generated by all manner of vehicles including public and private vehicles which will generate noise and other environmental impads. 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. 4 MULTMOISEFRM rev. 2128/95 v. NOTICE CONCERNING ODOR ENVIRONMENTAL IMPACTS RECITALS potential impacts of odor generated by the Encina Sewer Plant. A. The purpose of this notice is to dsdose to the fullest extent possible present and future San Diego County. B. The property is located approximately 'h 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 her to give notice to any potential purchaaer 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: 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. 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 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 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 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 impads servants or employees as to any damages or injuries resulting from said impacts. IN WITNESS WHEREOF, these DcdnrPtieas of, I) Notice of corridor traiFic, sight and sound; n) Notice Of liWmft, sight and sound; m) Notice of train vibration v) Notice of Station trfflc, sight and sound are made thi By: lzL!lwL Robert E. Banlmmi&eral Partner iA cCsT.4 3u*I h.?. -. 843 STATE OF CALIFORNIA, COUNTY OF SAN DIEGO } S.S. on APRIL 14, 1995 i before me, ** LISA STURTEVANT ** . a Notary Public in and for said County and State, personally appeared **ROBERT H. BARELMANN** P~~rJ/K~~~/WM~/bb) proved to me on the basis of satisfactory evidence) to be the person(s) whose name@) @are subscribed to the within instrument and acknowledged to me that @Jshe/they executed the same in @Yher/their authorized capacity(iea); and that by @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. Signature 7 FOR NOTARY SEAL OR STAMP STATE OF CALIFORNIA, COUNTY OF SAN GIEGO } S.S. On April 26. 1995 , before me, : , a Notary Public in and for said County and State, personally appeared PATRICIA L.V.SANCHEZ personally known to me ( th“e the person(s) whose name@) @3re subscribed to the within instrument and acknowledged to me that signature@) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS Wnd and officialseal. Signatur [/&ce” ~ FOR NOTARY SEAL OR STAMP TE 160 Legal (2-94) Thls form IS furnished by Chicago Title Company