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HomeMy WebLinkAbout12793; CT 89-35; VISTA SAN MALO; 01-05Wf., THE UNDERSIGNED, BEING ALL THE PARTIES HAVING RECORDED TITLE INTEREST IN THE LAND COVERED BY THIS MAP, DO HEREBY CONSENT TO THE PREPARATION AND RECORDATION OF THIS MAP, CONSISTING OF 5 SHEETS AND DESCRIBED IN THE CAPTION THEREOF. Wf. HEREBY GRANT TO THE PUBLIC, LAS FLORES DRIVE AND TUTTI:.E STREET AS SHOWN ON THIS MAP. Wf. HEREBY ALSO GRANT TO THE CITY OF CARLSBAD THE .,_" EASEMENT FOR ACCESS AND GENERAL UTILITIES PURPOSES OVER, UNDER, ALONG AND ACROSS A PORTION OF LOT 5 AS SHOWN ON THIS MAP. THIS EASEMENT SHALL BIND THE GRANTOR AND ITS SUCCESSORS AND ASSIGNS AND THE PRIVATE DRIVE SHALL BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. Wf. HEREBY ALSO GRANT TO THE CITY OF CARLSBAD, LOT 5 AS SHOWN ON THIS MAP AS AN OPEN SPACE EASEMENT. Wf. HEREBY WAIVE DIRECT ACCESS RIGHTS TO LAS FLORES DRIVE AS SHOWN ON THIS MAP. BY~ £:: c~4..,_,o DATE.· De,!· S 15"\0 • RAY E. ESCANO BY~x.~DATE: !>EC.~ 1990 NIKI L. ESCANO STATE OF CALIFORNIA) ss COUNTY OF SAN DIEGO) ON .0£(_, l , 1990 BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED RAY E. ESCANO AND NIKI L. ESCANO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED THAT THEY EXECUTED SAME. ~S MY~AND ✓-. ~13 ~ :R\l~~EL.'-&. Cof:\T"S NOTARY PUBLIC IN AND FOR SAID STATE. MY COMMISSION EXPIRES /VO l) ~3 f 192' MY PRINCIPAL PLACE OF BUSINESS IS SAN DIEGO COUNTY. HAWTHORNE SAVINGS AND LOAN ASSOCIATION, A CALIFORNIA CORPORATION, AS BENEFICIARY UNDER DEED OF TRUST RECORDED 21 NOVEMBER 1990 AS D CUME NO. 1990-0627317, OFFICIAL RECORDS. ;.---,-!:;:'..i;:!::::;=~~---...... ---. 12-1-,0 l)o.,_, '1&°1 ,--, _,_,..'l<tc. \lr,c.~ rl"Ji«.ri-i5•4(, STATE OF CALIFORNIA)--J.~~:¥~~--.----~~(}21° SS-r,,. COUNTY OF j. t> S 1/AJ,'sll.t') ON THIS 7r,4 DAY OF DECEMBER, IN THE YEAR 1990, BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR.SAID COUNTY AND STA TE, PERSONALLY APPEARED 3:J#0..9 J.11 S J"": ff,E,<'.83 T , P0R2VE~TO ME 01-i,JJ,E BASIS OF SATISFACTORY EVIDENCE TO BE THE _CE .c~ESIDStvt AND, ;rE,(,<tJ o/,r'< ~/ PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE ..SK:Cl(l;-771.A!V OF HAWTHORNE SAVINGS AND LOAN ASSOCIATION, J( CALIFORNIA CORPORATION, THE CORPORATION THAT EXECUTED THE WITHIN INSTRUMENT, PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSONS WHO EXECUTED THE WITHIN INSTRUMENT ON BEHALF OF THE THE CORPORATION HEREIN NAMED, AND ACKNOWLEDGED TO ME THAT SUCH CORPORATION EXECUTED THE WITHIN INSTRUMENT PURSUANT TO ITS BY-LAWS OR A RESOLUTION OF ITS BOARD OF DIRECTORS. WESTERN LAND SURVEYING, INC. WO 1376 MAP NO. 12793 CITY OF CARLSBAD TRACT NO. 89-35 COUNTY OF SAN DIEGO, STATE OF CALIFORNIA TOTAL LOTS = 5 AREA = 1. 21 ACRES BEING A SUBDIVISION OF A PORTION OF TRACT 4 OF LAGUNA MESA TRACTS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1719, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 20, 1921; AND, A PORTION OF THE EAST HALF OF THE ALLEY ADJOINING SAID PROPERTY ON THE WE.ST, AS CLOSED TO PUBLIC USE ON JANUARY 9, 1941 BY ORDER OF THE BOARD OF SUPERVISORS, RECORDED IN BOOK 1251, PAGE 218 OF OFFICIAL RECORDS OF THE COUNTY OF SAN DIEGO. <i) LANO Su 0~ ~t-i ~ FOR A COMPLETE METES AND BOUNDS LEGAL DESCRIPTION OF THIS SUBDIVISION SEE CERTIFIED TITLE COMPANY DESCRIPTION AND REPORT ON FILE IN THE OFFICE OF THE CITY ENGINEER. ~ ED J. HUNEMULLER 0 .....1 L.S.4429 ;:o • EXPIRES 9/30/93 • ~ ~ THE SUBDIVISION GUARANTEE FOR THIS SUBDIVISION IS FURNISHED BY CHICAGO TITLE -1')) --------~ ~ O,=-CAL\<.; COMPANY, ORDER NO. 915378-51 AND DATED DECEMBER , 1990. I, KATHRYN A. NELSON, CLERK OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO, CALIFORNIA, HEREBY CERTIFY THAT THE PROVISIONS OF THE SUBDIVISION MAP ACT (DIVISION 2 OF TITLE 7 OF THE GOVERNMENT CODE) REGARDING (a) DEPOSITS FOR TAXES, AND (b) CERTIFICATION OF THE ABSENCE OF LIENS FOR UNPAID STATE, COUNTY, MUNICIPAL AND LOCAL TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES EXCEPT THOSE NOT YET PAYABLE, HAVE BEEN COMPLIED WITH. KATHRYN A. NELSON CLERK OF THE BOARD OF SUPERVISORS DATE: j -J .l.-':J / BY•~I« -t t, ~, lo..£(~ J DEPUTY Wf., COUNTY TREASURER-TAX COLLECTOR OF THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND DIRECTOR, DEPARTMENT OF PUBLIC WORKS OF SAID COUNTY, HEREBY CERTIFY THAT THERE ARE NO UNPAID SPECIAL ASSESSMENTS OR BONDS WHICH MAY BE PAID IN FULL, SHOWN BY THE BOOKS OR OUR OFFICES, AGAINST THE TRACTOR SUBDIVISION, OR ANY PART THEREOF, SHOWN ON THE ANNEXED MAP AND DESCRIBED IN THE CAPTION THEREOF. PAUL BOLAND COUNTY TREASURER- DEPUTY TAX COLLECTOR GRANVILLE M. BOWMAN DIRECTOR, DEPARTMENT PUBLIC WORKS DATED: Z-2S-'3/ I, :TAMES ~1"'N1?J/YCITY TREASURER OF THE CITY OF CARLSBAD, STATE OF CALIFORNIA, HEREBY CERTIFY THAT THERE ARE NO LIENS FOR UNPAID CITY TAXES OR UNPAID BONDS ISSUED UNDER ANY IMPROVEMENT ACT OR IMPROVEMENT BOND ACT OF THE STATE OF CALIFORNIA SHOWING ON THE BOOKS OF THIS OFFICE, EXCEPT TAXES NOT YET PAYABLE AGAINST THE TRACT OR SUBDIVISION, OR ANY PART THEREOF, SHOWN ON THE ANNEXED MAP AND DESCRIBED IN THE CAPTION THEREOF. IN WITNESS WHEREOF I H VE S MY HAND TO THIS __ DAY OF -~C:U.2&:;&,!'.t!:j~"+--, 1991 .:TAMES .STA/tJTO/11 BY:~~~LJ ~_/4~~~~ CITY TREASURER I, ALETHA L. RAUTENKRANZ, CITY CLERK OF THE CITY OF CARLSBAD, STATE OF CALIFORNIA, HEREBY CERTIFY THAT THE CITY COUNCIL OF SAID CITY HAS APPROVED THIS MAP OF CARLSBAD TRACT 89-35 CONSISTING OF 5 SHEETS AND DESCRIBED IN THE CAPTION THEREOF; AND HAS ACCEPTED ON BEHALF OF THE PUBLIC, TUTTLE STREET AS DEDICATED ON THIS MAP, AND HAS EXCEPTED ON BEHALF OF THE CITY OF CARLSBAD, THE EASEMENT FOR ACCESS AND GENERAL UTILITY PURPOSES OVER, UNDER, ALONG AND ACROSS A PORTION OF LOT 5 AS GRANTED ON THIS MAP. IN WITNESS WHEREOF, SAID CITY COUNCIL HAS CAUSED THESE PRESENTS TO BE EXECUTED BY THE CITY CLERK THIS -,,,IA~ --DAY OF k~Y , 1991 ./_. ~-,, ~Y'~ th,:.0.,c ~ (½,..U r-~ L. i2fr~~-c1TY CLERK 71 · SHEET 1 OF 5 SHEETS I, FRED J. HUNEMULLER, A LICENSED LAND SURVEYOR OF THE STATE OF CALIFORNIA, DO HEREBY CERTIFY THAT THE SURVEY OF THIS SUBDIVISION WAS MADE BY ME OR UNDER MY DIRECTION BETWf.EN 28 SEPTEMBER 1989 AND 30 APRIL 19"90, AND THAT SAID SURVEY IS TRUE AND COMPLETE AS SHOWN HEREON; THAT MONUMENTS Of THE CHARACTER INDICATED HAVI: BEEN SET OR FOUND AT THE SUBDIVISION CORNERS. I WILL SET ALL OTHER MONUMENTS OF THE CHARACTER AND AT TH[ POSITIONS INDICATED BY THE LEGEND IN THIS MAP WITHIN 30 DAYS AFTER THE COMPLETION OF THE REQUIRED IMPROVEMENTS .- AND THEIR ACCEPT.ANCE BY THE CITY OF CARLSBAD, AND sucw-· C. MONUMENTS ARE OR WILL BE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. (SEE LEGEND ON SHEET NO. 2) ~ Ji__/~5/~,.. FREOa. HUNEMULLER DA TE LS. 4429 EXPIRATION DATE: !1/30/93 I, LLOYD B. HUBBS, CITY ENGINEE~ OF THE CITY OF CARLSBAD, CALIFORNIA, HEREBY CERTIFY THAT I HAVE EXAMINED THE ANNEXED MAP OF THIS SUBDIVISION TO BE KNOWN AS CARLSBAD TRACT NO. 89-35 CONSISTING OF 5 SHEETS AND DESCRIBED IN THE CAPTION THEREOF, AND HAVE FOUND THAT THE DESIGN IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP AND ANY APPROVED AL TERA TIONS THEREOF; THAT ALL THE PROVISIONS OF THE SUBDIVISION MAP ACT OF THE STATE OF CALIFORNIA, AS AMENDED, AND ANY LOCAL ORDINANCE OF SAID CITY APPLICABLE AT THE TIME OF THE APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIED WITH AND I AM SATISFIED THAT SAID MAP IS TECHNICALLY CORRECT. I HEREBY APPROVE ANO RECOMMEND SAID MAP. LLOYD B. HUBBS CITY ENGINEER BY:(_;;;;~~~.P.~'nL.:;l......,...-- 889 EXP. 12/31/92 DATE: tJ.~;t -1,, I, MICHAEL J. HOLZMILLER, SECRETARY TO THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, HEREBY CERTIFY THAT THE TENTATIVE MAP Of CARLSBAD TRACT NO. 89-35 HAS BEEH SUBMITTED TO THE PLANNING COMMISSION FOR REPORT AND RECOMMENDATION. (l . ~...J~·~olll!Clr~II ~~~Qtldd·~Qa~ ... L..--DAT[: lz/14/-.e, MICHAEL J. Hb\.zMIL~ SECRETARY OF PLANNING COMMISSION APPROVED AS TO FORM TH<S /7:I:y Of &,,,J,., 1990 VINCENT F. BIONDO, JR. BY: ._, @ · Q fl-.~ CITY ATTORNEY z /1' t:11 T DATE: I ' ' I~ 0, FILE NO. I, VERA L. LYLE, COUNTY RECORDER OF THE COUNTY OF SAN · DIEGO, HEREBY CERTIFY THAT I HA VE ACCEPTED FOR RECORD A TION, THIS ,~P FILED AT ~ OF FREl9 J. HUNEMULLER, THIS /,.i!,.._ DAY OF ~ , , 1fftr AT 3~'-17 O'CLOCK 4!-· M. ~. "d.,, ~ VERA L LYLE BY:~-=ce...=c.=...___,_K~· -~--~'1----"--'~- COUNTY RECORDER dEPUTY - FEE: $ 13.00 RF $ 1.00 MF CALlf. C00RD. INDEX 366-1659 A.P.NJ. 155-160-12 -0 "' t -0 "' LOT 11 _J LOT 8 I ----------------; LOT 7 --------- I; I I S 89°25'51' E LOT 4 B, 318 SQ. FT. GROSS & NET 106.19' 6 • 87°37'48' A• 38.50' L • 58.88' -------------T -144.oo· LOT 6 BLOCK 4 MAP 486 WESTERN LAND SURVEYING INC. W.0.1376 I --.-1 -.J...A4!LFLOAES DRIVE I 15,236 SQ. FT. GROSS / 4.673 SQ. FT. NET NIKI LYNN PLACE/ /, 6 • 154°20'02' A• 38.50' L • 103.70' I I I I I 1 TRACT 4 MAP 1719 1 ROS 12779 I I I I I .I I I I I I I I S 35°21'48° W 31.64' MAP NO. 12793 SHEET 2 OF 5 SHEETS BOUNDARY DIMENSIONS NOTE: SEE RECORD OF SURVEY MAP NO. 12779 FOR PROCEDURE OF SURVEY. [I] N aa• 10 · 30 • E 5.00' [g] L', = 41°47'31" R = 24.49' L = 17.86' []] S 54°38'12" E 0.44' [1] S 35°21'48" W 8.00' [fil L', = 79°03'32" R = 24.49' L = 33.79' (RAD) BASIS OF BEARINGS A PORTION OF THE WESTERLY SIDELINE OF TUTTLE STREET AS SHOWN ON RECORD OF SURVEY MAP NO. 12779, I.E. S 54°38'12" E. THE BEARINGS SHOWN HEREON ARE IN TERMS OF THE CALIFORNIA COORDINATE SYSTEM, ZONE 6. QUOTED BEARINGS FROM REFERENCE MAPS OR DEEDS MAY OR MAY NOT BE IN TERMS OF SAID SYSTEM. LEGEND • INDICATES FOUND s·x s· CONCRETE DIV. OF HWYS. MONUMENT PER CALTRANS RIGHT OF WAY MAP L0-9654 AND RECORD OF SURVEY NO. 12779. INDICATES FOUND BROKEN s·x s· CONCRETE DIV. OF HWYS. MONUMENT WITH STEEL NAIL AND BRASS TAG STAMPED LS 4429 PER RECORD OF SURVEY NO. 12779. • INDICATES FOUND MONUMENT PER RECORD OF SURVEY NO. 12779. 0 INDICATES FOUND 3/4" IRON PIPE WITH BRASS DISC STAMPED LS 4429 PER RECORD OF SURVEY NO. 12779. RESET WITH 2"X 24" IRON PIPE WITH BRASS DISC STAMPED LS 4429. 0 INDICATES SET 2"X 24" IRON PIPE WITH BRASS DI9C STAMPED LS 4429 OR LEAD, TACK AND BRASS DISC STAMPED LS 4429, WHICHEVER POSSIBLE AFTER CONSTRUCTION OF IMPROVEMENTS. ----INDICATES SUBDIVISION BOUNDARY 1,5 INDICATES FIRST AND LAST LOT NUMBER RESPECTIVELY () INDICATES DATA FROM SOURCE NOTED rrrrn INDICATES ACCESS RIGHTS WAIVED HEREON (RAD) INDICATES RADIAL BEARING --------------~------------------------ NOTE: A 3/4"X 18" IRON PIPE WITH BRASS DISC STAMPED LS 4429 OR LEAD, TACK AND BRASS DISC STAMPED LS 4429 WILL BE SET AT ALL INTERIOR LOT CORNER'S, INCLUDING FRONT CORNERS, ANGLE POINTS AND POINTS OF CURVATURE. --------------------·-----------·-- 3020S00 .. SCALE IN FEET CALIF. COORD. INDEX 366-1659 APN 155-160-12 I g I :: I 11' IIIDE PRIVATE SEIER '""<:c ---1 EASEMENT IIRAHTED AS ---I COVENANT IE EASEMENT ~ DOC. NO. ~ \-Dot\~ 8 I I AECCRlED I-'Zc.'\ , . . ~ I : I • g . 0 0 I I • I • : I ~~ . -g: I "' I 0 0 ~ . 0 0 ~ • ~ Ill • • 0 0 O 0 0 z " S 71'28'25' E· 8.46' S 49•2e•11• E 10.00' S 20'46'21' E 11.78' LOT 1 _ S 89°25'51' E 128.82' S 54•3e•12• E LOT 2 S 89•25'51' E 110. 00' 4 -31•15•01• R • 24.49' L • 15.93' /l = 23° 07' 12' R = 57.50' LOT 3 LOT 4 L = 23.20' li 77°45'24'_W_ (RAD} 4 -e1•37•4e• R • 38.50' L • 58.88' I I - MAP NO. BOUNDARY DIMENSIONS ~ Ul/ 111 N 88°10'30" E I]) A = 41°47'31' R = 24.49' L = 17.86' Lll S 54° 38' 12' E ill S 35°21'48" w !ID A= 79°03'32" R = 24.49' L = 33.79' 5.00' (RAD) S 89"25'51" E 99.65' . 0.44' 8.00' g:J ;';/ • g, :;:-I NOTE: SEE SHEET 2 OF THIS MAP FOR COMPLETE BOUNDARY DIMENSIONS. LOT 1 . 0 0 . 0 S 89•25'51' E 6.00' ~ w • ~ -~ • 0 0 z 0 0 ·~ ... 0 "! I 0 U) I I jg Ii I . 0 0 l(l - PRIVATE DRAINAGE I EASEMENT IIRAHTED AS ~ UJ COVENANT OF EASEMENT PER -=::. --s, "' DOC.N0.91-P<>':::f10':/S" --I : RECORDED I -2'\-<i \ -. o !:' gl I"! 0 . I "' o RI :· z S 89•25'51' E LOT 2 S 89•25'51' E LOT 3 128.82' s 54•3e•12·c 23.35' 110.00' S 72• 37 '45'11 (RAD!l -------- 4 • 37•1s·o1• R • 24.49' L • 15.93' /l • 23°07'12' Fl• 57.50' L = 23.20' 1'! 17~4~24' jL (RAD} S ~9•25•51• E 101.22' -----L ~ -------- ~;::::====--;s-;8;;;9;;. 2;;;5:;;' 5~1;-, -;E~10;:;6;--. 1;:;9;:-' -_-_-_-_--:.__-;;;;(_ ,.. fl/ i ... /l • 14•04'06' gJ :;:- R • 43.50' ~-~ \ LOT 4 L • 10.68' :.,S__z7!._4S•24• (RAD)-...,.. -l!! LOT !5 . L • 58.88' 1279;3 SHEET 3 OF 5 SHEETS I I -------N 00•32'42' E 4.60' I I 0 C'l II • .... N 00•32'42" E 4.so,• 144.00' S 89"25'51" E 233.10' PRIVATE SEWER EASEMENT DETAIL WESTERN LAND SURVEYING INC. W.0.1376 89.10' LI.I ..J <t u en 30 20 so O 30 60 90 ~...----,._____l ...... ----.3 SCALE IN FEET 144.00' S 89"25'51" E 233.10' PRIVATE DRAINAGE EASEMENT DETAIL 89.10' CALIF. COOAD. INDEX 366-1659 APN 155-160-12 o/ ... Ef/ ---g--~"""""' AI6HTS_ro LAS FLORES llAIVE WAIVED HEAEllll.~ "'I a,/ 0 .,, ~I --,-I -....L..aA!=LF.LOAES DR I VE I -0 "' I I j; I I . I 0 0 . 0 0 ('J I UJ I • N .., - N n~ ('J • ·~ 0 0 I z I I I I I; I I S 11•2e•25• E 8.46' S 49•2e•11• E 10.00' S 20•45•21• E 11.78' PORTION OF LAS FLORES DRIVE AND TUTTLE STREET -DEDICATED HEREON. LOT 1 12, 364 SQ. FT. GROSS 10,011 SO. FT. NET S 89°25'51" E 128.82' S 54°38'12' E 23.35' LOT 2 8,841 SO. FT. GROSS & NET LOT 4 8,318 SQ. FT. GROSS & NET A• e7•37•49• R • 38.50' L • 58.88' S 72°37'45' W {RAD) ---------- 15,236 SQ. FT. GROSS / 4,673 SO. FT. NET NIKI LYNN PLACE/ /4, S 89"25'51" E 233.10' CITY OF CARLSBAD UTILITY AND ACCESS EASEMENT DETAIL A• 154•20•02• R • 38.50' L • 103.70' S 35"21'48" W 31.64' WESTERN LAND SURVEYING INC. W.0.1376 MAP NO. 12793 SHEET 4 OF 5 SHEETS BOUNDARY DIMENSIONS [!] N ea• 1 o · 30 • E [g] t, = 41°47'31' R = 24.49' L = 17.86' [fil s 54° 38 · 12· E ~ S 35°21'48' W [ID t, = 79°03'32' R = 24.49' L = 33.79' 5.00' (RAD) 0.44' 8.00' -0 "' • • ... UJ ..J <t u Cl) -8CALE IN FEET CALIF. COOR□. INDEX 366-1659 APN 155-160-12 ) ----------------------------------------------------------------------------------·--· ····--·- NOTICE CONCERNINB PROXIMITY OF Tl£ PLANED OR EXISTINB INTERSTATE HWY.' !5 TRANSPORTATION CORRIIXII IS) THIS NOTICE CONCERNING ENVIRONMENTAL IMPACTS IS MADE BY RAYE. ESCANO AND NIKI L. ESCANO, 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 ANO OTHER ENVIRONMENTAL IMPACTS. PURCHASER ACKNOWLEDGES ANO ACCEPTS THESE EXISTING ANO FUTURE IMPACTS AND FOREVER WAIVES ANY AND ALL CAUSES OF ACTION ANO COVENANTS NOT TO SUE THE CITY OF CARLSBAD, ITS -AGENTS, SERVANTS OR EMPLOYEES AS TO ANY DAMAGES OR INJURIES RESULTING FROM SAID IMPACTS. 8. THE OWNER IS THE DEVELOPER ANO/OR HOLDER OF THE TITLE TO CERTAIN REAL PROPERTY IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, CALIFORNIA, ....MORE FULLY DESCRIBED AS: A PORTION OF TRACT 4 OF LAGUNA MESA TRACTS. IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1719, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, .JUNE 20, 1921 ANO A PORTION OF THE EAST HALF OF THE ALLEY ADJOINING SAID PROPERTY ON THE WEST, AS CLOSED TO PUBLIC USE JANUARY 9, 1941, BY ORDER OF THE BOARD OF SUPERVISORS, RECORDED IN BOOK 1251, PAGE 218 OF OFFICIAL RECORDS OF THE COUNTY OF SAN DIEGO. C. THE PROPERTY IS LOCATED ADJACENT TO THE INTERSTATE HIN. 5 TRANSPORTATION CORRIDOR (HEREAFTER DESCRIBED AS CORRIDOR) ON WHICH TRANSPORTATION VEHICLES SUCH AS AUTOMOBILES, TRUCKS. MOTORCYCLES ANO/OR VEHICLES FOR RAIL ANO TRANSIT ARE PROPOSED TO TRAVa. 0. THE PROPERTY HAS BEEN DEVELOPED IN COMPLIANCE WITH CITY ANO STATE NOISE CRITERIA WHICH MAY INCLUDE MITIGATION IN THE FORM OF SETBACKS, EARTHEN BERMS, MASONRY NALLS ANO/OR STRUCTURE UPGRADES. E. OHR HAS NO CONTROL OVER Tl£ OPERATIONS OF Tl£ CORRIDOR INCLLOING THE TYPES OF VEHICLES. TRIPS ANO TRAFFIC, NOR THE FREQUENCY OF THE TRIPS. F. IT IS THE DESIRE OF OWNER TO GIVE NOTICE TO ANY POTENTIAL PURCHASER OF THE REAL PROPERTY OF ITS PROXIMITY TO THE CORRIDOR ANO THE FACT THAT PURCHASES MAY BE SUBJECT TO THE IMPACTS OF SAID PROPOSED TRANSPORTATION CORRIDOR. NON, THEREFORE, IN LIGHT OF THE ABOVE RECITALS, OWNER DOES. FOR ITSELF, ANO ITS SUCCESSOR'S ANO ASSIGNS, GIVE THE FOLLOWING NOTICE: 1. OWNER HAS AND SHALL DEVELOP THE PROPERTY IN ACCORDANCE NITH A SUBDIVISION TRACT/ PARCEL MAP (CT 89-35) APPROVED BY THE CITY OF CARLSBAD, WHICH APPROVAL INCLUDES THE REQUIREMENT OF THE CITY OF CARLSBAD, THAT THE DEVELOPMENT OF THE PROPERTY IS CONSISTENT NITH LAND USE & NOISE ELEMENT OF THE GENERAL PLAN OF THE CITY OF CARLSBAD. 2. THAT OWNER HAS NO IESPONSIBILITY OR CONTROL OVER Tl£ OPERATION OF • Tl£ CORRIDOR, INCLLOIN8 WITHOUT LIMITATION, THE TYPES OR IUl!ER OF VEHICLES OPERATIN8 ON THE CORRIDOR, 3. THAT THE VEHICLE OPERATIONS ON Tl£ CORRIDOR MAY CREATE SIGNIFICANT IMPACTS AFFECTIN8 Tl£ PtllCHASERS, TENANTS ANO OCCll'ANTS OF Tl£ PROPERTY ANO THAT PtllCHASERS, TENANTS ANO OCCUPANTS OF Tl£ PROPERTY IESIDE TIEE SUBJECT TO SI6HT ANO SOlNl OF VEHICLE OPERATION. 4. THE PROPER IT SHALL BE HELD. CONVEYED. HYPOTl£CATm, ENCUMBERED, WSED, RENTED. USED, OCCll'IED ANO IMPROVED SUBJECT TO THIS NOTICE. THIS NOTICE SHALL llJN IIITH THE PROPERTY AKI SHALL BE BINOIN8 ll'ON ALL PARTIES HAVING OR ACOOIRING ANY RIGHT, TITLE OR INTEREST IN Tl£ PROPERTY. 5. THE PlllPOSE OF THIS NOTICE IS TO DISCLOSE TO Tl£ FULLEST EXTENT POSSIBLE PRESENT ANO FUruE POTENTIAL IMPACTS OF NOISE GENERATED BY ALL MANNER OF VEHICLES INCLlllIN8 PUil.IC ANO PRIVATE VEHICLES WHICH NILL GENERATE NOISE ANO OTHER ENVIRONMENTAL IMPACTS. PlllCHASER ACKNOIILEOGES ANO ACCEPTS Tl£SE EXISTING ANO FUrulE IMPACTS ANO FOREVER NAIVES ANY ANO ALL CAUSES OF ACTION ANO COVENANTS NOT TO SU: Tl£ CITY OF CAII.SBAD. ITS AGENTS. SERVANTS OR EMPLOYEES AS TO ANY DAMAGES OR INJIJIIES RESULTIN8 FRON SAID IMPACTS. IN WITNESS IIHEREOF, THIS DECLARATION OF ~CE OF CORRIDOR TRAFFIC. ANO SOlH) IS MADE THIS !5 DAY OF O Q be¥ , 1990. BY: ":-n,'/µ: o( ~ NIKI L. ESCAN0 BY: 1?t, C LftAA..Q;) RAYE. ESC~■ SIGHT WESTERN LAND SURVEYING INC. W.0.1376 STATE OF CALIFORNIA ss CWfTY OF SAN DIEGO NON-MAP ON Odob~ I-IS ~/"'1BEFORE ME. TI£ UNDERSIGNED. A NOTARY PUil.IC IN ANO FOR SAID STATE. PERSONALLY APPEARED NIKI L. ESCANO ANO RAY E. ESCAN0. PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE Tl£ PERSONS IIIOSE NAMES ARE SlllSCRIBEO TO Tl£ WITHIN INSTIUENT AN> ACKNOIILEOGEO THAT THEY EXECUTED Tl£ SAME. WITNESS MY HAND. "~.;..... 41,rc~ .,,t.;ir(.,3 dz_~ ff.~ NOTARY PUil.IC IN ANO FOR SAID STATE. PRINCIPAL COUNTY: So,,, Di tj 0 DATA MAP NO. 12793 SHEET 5 OF 5 SHEETS NOTE -THIS PRO.ECT IS APPROVED ll'ON Tl£ EXPRESS COIIITION THAT IIUILDIN8 PEIIIITS NILL NOT BE ISSlEl FOR DEVELOPMENT OF Tl£ SUBJECT PROPERTY lK.ESS Tl£ CITY EN8INEER DETERMINES THAT SEIIIIII FACILITIES ARE AVAILAII.E AT THE TIME OF APPLICATION FOR SUCH SEIIER PEIIIITS AND WILL CONTINUE TO BE AVAILABLE UNTIL TIME OF OCCUPANCY. NOTE -PRIOR TO APPROVAL OF THIS MAP, Tl£ SIBlIVIIER SHAU INSTALL. OR AGREE TO INSTALL ANO SECIJIE IIITH APPR(l'RIATE SECIJIITY AS PROVIDED BY LAIi, IMPROVEMENTS SHOIIN ON Tl£ TENTATIVE -MAP AN> Tl£ Fll.LOIIIN8 IMPROVEMENTS TO Tl£ SATISFACTION OF Tl£ CITY EN8INEElt A. FULL 1/2 "'ST"'IEEa,,.I IIIDTH IMPROVEMENTS INCLll>IN8 Cllll, 6UTTER AND SIDEWALK ALONB TUTTLE Slll:.EI AMI TAPER INTO EXISTIN8 AC BERM ON TUTTLE Slll:.ET. B. RELOCATE FIRE HYDRANT ON TUTTLE STREET, C. PLACE IWHI.E AT eot,f£CTION OF 6° SEWER MAIN WITH B" SEWER MAIN IN LAS FLORES DRIVE. D. REPAIR SIDEWALK ALONB FldffABE ON LAS FLORES DRIVE. CALIF. COORD. INDEX 366-1659 APN 155-160-12 I