HomeMy WebLinkAboutCT 83-32; Lyon/Copley Carlsbad Associates LP; 1991-0267085; Notice Concerning Proximity or Impacts825 e
-__ RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO
City of Carlsbad, City Clerk; of&Q
1200 Elm Avenue Carlsbad, CA 92008
NOTICE CONCERNING PROXIMITY
OF THE PL-ED OR EXISTING
COLLEGE BOULEVARD TRANSPORTATION CORRIDOR(S)
C.T. 83-32
This Notice Concerning Environmental Impacts is made by Lyon
Copley Carlsbad Associates, L.P., a California Limited Partnership
hereinafter referred to as the *1Owner11, is developer of certaii real property situated in the City of Carlsbad, County of ai Diego, state of California.
RECITALS
A. The purpose of this notice is to disclose to the fullesl
extent possible present and future potential impacts of nois< generated by all manner of vehicles including public an< private vehicles which will generate noise and othei
environmental impacts. Purchaser acknowledges and accept:
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.
B. The Owner is the developer and/or holder of the title tc certain real property in the City of Carlsbad, County of Sar Diego, California, more fully described as; See attached
Exhibit lW1.
C. The property is located adjacent to the College Boulevard
Transportation Corridor (hereafter described as corridor) on
which transportation vehicles such as automobiles, trucks, motorcycles and/or vehicles for rail and transit are proposed to travel.
The property has been developed in compliance with City and State noise criteria which may include mitigation in the form
of setbacks, earthen berms, masonry walls and/or structure
upgrade.
E. Owner has no control over the operations of the corridor
including the types of vehicles, trips and traffic, nor the frequency of the trips.
D.
F, 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 purchases may be subject to the
impacts of said proposed transportation corridor.
0 826 FOKM: e NOISE 1: 2 OF
NOW, THEREFORE, in light of the above recitals, owner does, fo itself, and its successors and assigns, give the following notice
1. Owner has and shall develop the property in accordanc
with a Subdivision Tract CT-83-32 approved by the City 0:
Carlsbad, which approval includes the requirement of thc
City of Carlsbad, that the development of the property i: consistent with the Land Use ti Noise Element of thc
General Plan of the City of Carlsbad.
2. That Owner has no responsibility or control over thc
operation of the corridor, including without limitation
the types or number of vehicles operating on tht corridor.
3. That the vehicle operations on the corridor may creatc significant impacts affecting the purchasers, tenants anc occupants of the property and that purchasers, tenants and occupants of the property reside there subject tc sight and sound of vehicle operation.
4. The property shall be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied and improvea
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.
The purpose of this notice is to disclose to the fullest
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.
5.
extent possible present and future potential impacts of
IN WITNESS WHEREOF, this Declaration of Notice of corridor traffic,
sight and sound is made this 6 day of .hA)I , /qy/ .
Lyon/Copley Carlsbad Associates, L.P., a California
by: Lyon Communities Inc., a
n, Managing General Partner
'1
0 827 0
FORM: NOISE 1: 3 OF.
STATE OF CALIFORNIA) SS.
COUNTY OF SAN DIEGO)
ON May 6, \ 97 1 I BEFORE ME, THE UNDERSIGNED A NOTARY PUBLIC I" AND FOR SAID STATE, PERSONALLY APPEARED GAMY M TARQUINIO, PERSONALLY KNOWN TO ME +XGHSVZD T3 XE W TEE w
-SA!&&- TO BE THE VICE PRESIDENT OF LYOl
COMMUNITIES, INC., THE CORPORATION THAT EXECUTED THE WITH11 INSTRUMENT, AND PERSONALLY KNOWN TO ME W-
WITHIN INSTRUMENT ON BEHALF OF THE CORPORATION, SAID CORPORATI01
nv mnnmwv p17 "I .A -1 JSENGB+ TO BE THE PERSON WHO EXECUTED THI
71 77 E?€MN€% TO BE THE MANAGING GENERAL PARTNER OE BEING PERSONALLY KNOWN TO ME --€E ZASIS CE
LYON/COPLEY CARLSBAD ASSOCIATES, L.P., SAID PARTNERSHIP BEING THE CALIFORNIA LIMITED PARTNERSHIP THAT EXECUTED THE WITHIN INSTRUMENT, AND ACKNOWLEDGED TO ME THAT SAID CORPORATION EXECUTED THE WITHIE INSTRUMENT AS SUCH PARTNER AND THAT SAID PARTNERSHIP EXECUTED THI
SAME.
WITNESS MY HAND AND OFFICIAL SEAL: hmvRLole
STATE OF CALIFORNIA) SS. COUNTY OF SAN DIEGO)
ON mu 4,199I , BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED ROBIN L. ADAMSON, PERSONALLY KNOWN TO ME +XLERQVEE 'E EE rW TEE EMIS 8F 2 TO BE THE ASSISTANT SECRETARY OF LYON
COMMUNITIES, INC., THE CORPORATION THAT EXECUTED THE WITHIN
INSTRUMENT, AND PERSONALLY KNOWN TO ME w THY ^P?-¶?HE
B3WfSBj TO BE THE PERSON WHO EXECUTED THE WITHIN INSTRUMENT ON BEHALF OF THE CORPORATION, SAID CORPORATION
1 TO BE THE MANAGING GENERAL PARTNER OF
LYON/COPLEY CARLSBAD ASSOCIATES, L.P., SAID PARTNERSHIP BEING THE
CALIFORNIA LIMITED PARTNERSHIP THAT EXECUTED THE WITHIN INSTRUMENT, AND ACKNOWLEDGED TO ME THAT SAID CORPORATION EXECUTED THE WITHIN INSTRUMENT AS SUCH PARTNER AND THAT SAID PARTNERSHIP EXECUTED THE SAME.
WITNESS MY HAND AND OFFICIAL SEAL:
BEING PERSONALLY KNOWN TO ME W
-A. 2 - 3 Lmv!
MH:kb/MArev.
346-39 wp:346.5Oc 4/29/91
*e 828 x 11 1 l3 1: 7- b
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIi
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
THOSE PORTIONS OF LOTS 'ID" AND "J" OF THE RANCHO AGUA HEDIONDA, IN T' CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDIN1
TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER 0
SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEASTERLY CORNER CF CARLSBAD TRACT 83-21 UNIT M
4 ACCORDIPdG TO MAP THEREOF NO. 11588 FILED IN THE OFFICE OF THE COUN'
OF THE PROCEDURE OF SURVEY SHOW4 OM SHEET 2 ON TClE MAP OF CliRLSBAD
OF THE COUNTY RECORDER OF $AN GIEGO CCUHTY ON DECEMBER 16, 1980;
THENCE ALONG THE BOUNDARY OF SAID PROCEDURE OF SURVEY NORTH 89' :&'52
EAST 1113.68 FEET; THENCE ZdORTH 89'19'35" EAST 93.04 FEET TO A POINT
IN THE ARC OF A 903 FOOT RADIUS CURVE, CONCAVE WESTERLY, A RADIAL LI BEARS NORTH 56'02'15" EAST TO SAID POINT; THENCE SOUTHERLY ALONG SA1
RECORDER OF SAY DIEGO COUMTY, BEING A POINT QNT HE NORTHERLY BOUNDAR
TRACT 76-12, ACCORDIFIG TO MAP THEREOF NO. 9935, FILED IN THE OFFICE
CURVE THROUGH AN ANGLE OF 32"00'58" A DISTANCE OF 504.58 FEET: THENC
NORTH 88"03'13" EAST 6.00 FEET TO A POINT IN THE ARC OF A 909.00 FO
RADIUS CURVE, CONCAVE WESTERLY, A RADIAL LINE TO SAID POINT BEARS,
NORTH 88'03'13" EAST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH AN ANGLE OF 7"58'39" A DISTANCE OF 126.56 FEET; THENCE NORTH 83"58'08" WEST 6.00 FEET TO A POINT IN THE ARC OF A 903.00 FOOT RADII
CURVE, CONCAVE WESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH
83'58'08" EAST, THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THRGUGH
AN ANGLE OF 12'59'08" A DISTANCE OF 204.66 FEET; THENCE TANGENT TO SAID CURVE SOUTH 19'01'00" NEST 776.25 FEET TO A TANGENT 1501 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE SOUTHERLY ALONG SAID CURVE
THROUGH AN ANGLE OF 3"57'50" A DISTANCE OF 103.84 FEET; THENCE SOUTH 67"01'10" EAST 6.00 FEET TO A POINT IN THE ARC OF A 1507 FOOT RADIUS
CURVE, CONCAVE WESTERLY, A RADIAL LINE TO SAID PQIF4T BEARS SOUTH
67"01'10" EAST; THENCE SGUTHfRLY Aii)NG THE ARC OF SAID CURVE THROUGH
AN ANGLE OF 4'49'42" A DISTANCE OF 127.00 FEET; THENCE NORTH 62'11'2
WEST 6.00 FEET TO A POINT IN THE ARC OF A 1501.00 FOOT WESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 62'11'28" EAST;,THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH AN ANGLE OF 7"09'45" A
DISTANCE OF 187.64 FEET; THENCE SOUTH 55"01'43" EAST 2.00 FEET TO A
POINT IN THE ARC OF A 1503.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERI
SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH AN ANGLE OF 3"24'2 A DISTANCEPF $9.36 FEET; THENCE SOUTH 38'22'40'' WEST 473.96 FEET; THENCE NORTH 56'00'00" WEST 2.00 FEET; TH€N@E SOUTH 38'22'40" LdEST
195.05 FEET TO THE BEGINNING OF A TANGENT 949.00 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROU AN ANGLE OF 26'16'18" A DISTANCE OF 435.14 FEET; THENCE NORTH 77'53'38'a WEST 53.00 FEET TO A POINT IN THE ARC OF A 1002.00 FOOT
RADIUS CURVE, CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEAl NORTH 77O53'38" WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CUR' THROUGH AN ANGLE OF 4'03'01" A DISTANCE OF 70.83 FEET; THENCE NORTH 73'50'37" WZST 454.31 FEET TO A TANGENT 108G FOOT RADIUS CURVE, CONCAWE SOUTHERLY; THENCE WESTERLY ALONG SAID CURVE THROUGH AN ANGLE OF 34'45'57'' A DISTANCE OF 606.78 FEET; THENCE TANGENT TO SAID CURVE
DESCRIBED IN DEED TO THE CITY OF CARLSBAD RECORDED FEBRUARY 26, 1986
A RADIAL LINE TO SAID POINT BEARS SOUTH 55'01'43" EAST; THENCE
SOUTH 71'23'26" WEST 158.93 FEET TO THE EASTERLY LINE OF ELM AVENUE i
F1XII 1 R I T %" - Px(:;E 1 OF 3
, - . AS DOCUMENT NO. 75424 e -_ BFFICIAL RECORDS; THENCE .$I, LONG 829 SAID EASTER1
c LINE NORTH 18O36'34" WEST (RECORD NORTH 18"37'12" WEST) 51.00 FEET; THENCE iilORTH 71O23'26" EAST 158.93 FEET TO A TANGENT 1051 FOOT RADII
' CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH i
ANGLE OF 34'45'57" A DISTANCE OF 637.72 FEET; THENCE TANGENT TO SAII
CURVE SOUTH 77'53'38" EAST 83.00 FEET TO A TANGENT 25 FOOT RADIUS
CURVE, CONCAVE NORTHERLY; THENCE EASTERLY, NORTHEASTERLY, AND
NORTHERLY ALONG SAID CURVE THROIJGH AN ANGLE OF 85'56'59" A DISTANCE 37.50 FEET TO A REVERSE 1051 FOOT RADIUS CURVE; THENCE, NORTHERLY ALI
SAID CURVE THROUGH AN ANGLE OF 18'10'16" A DISTANCE OF 333.32 FEET;
THENCE NORTH 38'22'40" EAST 529.16 FEET; THENCE NORTH 51'37'20'' WES
10.00 FEET; THENCE NORTH 38"22'40" EAST 169.61 FEET; THENCE SOUTH 52'50'37" EAST 9.68 FEET Ti3 A P43IklY IN THE ARC OF A 1399 FOOT RADIU! CURVE, CONCAVE NORTHWESTERLY A RADIAL LINE TO SAID POINT BEARS SOUTI 52'50'37" EAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF Ol"57'23" A DISTANCE OF 47.77 FEET TO A COMPOUNP 25 FOCI? RADIUS CURVE; THENCE NORTtfERtY AND NORTHWESTERLY
ALONG SAID CURVE THROUGCI AN ANGLE OF 9Z01'7'39'' A D'ISTAHCE OF 40.27 FEET; THENCE TANGENT TO SAID CURVE NORTH 57O05'39'' WEST 167.62 FEET
A TANGENT 270 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE WESTERLY
ALONG SAID CURVE THROUGH AN ANGLE OF 27O54'21" A DISTANCE OF 131.50 FEET; THENCE TANGENT TO SAID CURVE NORTH 85"OO'OO" WEST 347.88 FEE TO POINT "A" OF THIS DESCRIPTION; BEING THE BEGINNING OF A TANGENT 330 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE WESTERLY ALONG SA1 CURVE THROUGH AN ANGLE OF 36'36'32" A DISTANCE OF 210.85 FEET; THEN
TANGENT TO SAID CURVE NORTH 48'23'28" WEST 114.69 FEET TO A TANGENT
270 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY
ALONG SAID CURVE THROUGH AN ANGLE OF 44'56'22" A DISTANCE OF 211.77
FEET; THENCE TANGENT TO SAID CURVE SOUTH 86'40'10" WEST 185.25 FEE
TO A TANGENT 330 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE WESTEI
NORTHWESTERLY AND NORTHERLY ALONG SAID CURVE THROUGH AN ANGLE OF
97'53'29" A DISTANCE OF 563.81 FEET; THENCE TANGENT TO SAID CURVE NORTH 4"33'39" EAST 29.99 FEET TO A POINT IN THE ARC OF A 2000 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY IN THE SOUTHEASTERLY BOUNDARY 0
SAID CARLSDAD TRACT 83-21 W4iT N8. 4 ACCQTEXNG YO 8M.P THEREOF NO. 11588 FILED IN THE OFFICE OF THE COUNTY REC0RI)ER OF SAN DIEGO COUNT
TO SAID POINT; THENCE ALONG THE SOUTHEASTERLY AND EASTERLY BOUNDAi
OF SAID UNIT NO. 4 AS FOLLOWS:
NORTHEASTERLY ALONG SAID CURVE THROUGH AN ANGLE OF 10~20'45" A
DISTANCE OF 361.14 FEET; THENCE NORTH 59'52'32" EAST 804.15 FEET
(RECORD NORTH 59"51'57" EAST 804.25 FEET) AND NORTH 13'27'52" WEST
360.07 FEET (RECORD NORTH 13'27'33" WEST 360.00 FEET) TO THE POINT ( BEGINNING.
EXCEPTING THAT PORTION DESCRIBED AS FOLLOWS:
COMMENCING AT POINT "A" OF THIS DESCRIPTION; THENCE NORTH 9'40'17"
WEST 483.97 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH
77°15'00" WEST 102.85 FEET; THENCE, NORTH lO"40'00" WEST 163.00 FEI THENCE, NORTH 48'06'00" EAST 209.00 FEET; THENCE, SOUTH 89'24'00" El 162.00 FEET; THENCE, SOUTH 5Y26'CO" EAST 349,25 FEET TO A POINT
THE ARC OF A 390.00 FOOT RADIUS CURVE, CONCAVE EASTERLY, A RADIAL L TO SAID POINT BEARS NORTH 82°11'46" WEST; THENCE SOUTHERLY ALONG THI ARC OF SAID CURVE THROUGH AN ANGLE OF 11'16'14" A DISTANCE OF 76.72
FEET; THENCE, SOUTH 3'28'00" EAST 100.00 FEET TO A TANGENT CURVE,
A RADIAL LINE BEARS NCRTH 56'36'51" WEST (2ECORD NORTH 56'37'54'' WE
EXHIHI'I' "A" - PAGE 2 OF 3
e . 0 830
, CONCAVE WESTERLY, HAVING A RADIUS OF 170.00 FEET; THENCE, SOUTHERL'
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 37O24'00" AN ARC DISTAF
OF 110.97 FEET; THENCE, TAtlGENT TO SAID CURVE SOUTH 33'56'00'' WEST 117.09 FEET TO A TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS C 2.30.00 FEET; THENCE, SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 28°56'00" AN ARC DISTANCE OF 116.15 FEET; THENCE, TANGENT SAID CURVE SOUTH 5300'00'1 WEST 50.00 FEET TO A TANGENT CURVE, CONCl
NORTHWESTERLY, HAVING A RkDIUS EF 20.00 FEET; THENCE, SOUTHERLY,
SOUTHWESTERLY, AND WESTERLY ALONG SAID CURVE THROUGHIA CENTRAL ANC OF 9o"oO'oO" AN ARC DISTANCE OF 31.42 FEET; THENCE, TANGENT TO SAIL CURVE hOR'IH 85"Oo'~~'' WEST 238.33 FEET ro A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 270.00 FEET; THENCE, WESTERLY ALONG 5
CURVE THROUGH A CENTRAL ANGLE OF 12"22'31" AN ARC DISTANCE OF 58.32
FEET; THENCE, rmm 18002'37" EAST i15.m FEET; THENCE, NORTH 42"48'130" WEST 165.62 FEET TO A POINT ON A MON-TANGENT CURVE, CONCA WESTERLY, HAVING A RAQIUS OF 48.00 FEET, A RADIAL BEARING OF SAID
CURVE TO SAID POINT BEARS SOUTH 42°40'06" EAST; THENCE, NORTHERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 49"4?'59" AN ARC QISTAN
OF 41.72 FEET; THENCE, NORTH 87"32'01" EAST 29.00 FEET TO A POINT 0 THE BOUNDARY OF THE LAND GESCRIBED IN THE DEED TO THE COSTA REAL MUNICIPAL WATER DISTRICT RECOfiDED MAY 18, 1984, AS DOCUMENT NO.
84-186998, SAlD POINT BEING ON THAT CERTAIN COURSE OF SAID DEED
DESCRIGED AS "A 122.50-FOOT RADIUS CURVE" SAID CURVE BEING CONCAVE
NORTHEASTERLY AT SAID POINT, A RADIAL BEAiING OF SAID CURVE TO SAID
POiNT BEARS SOUTH 87'312'01" BEST; THENCE, ALONG SAID BOUNDARY OF SA
COSTA WEAL MUNICIPAL WATER DISTRICT LAND NORTHERLY ALONG SAID CURVE THROUGH A CENTR4L ANGLE OF 49'51'59" AN ARC DISTANCE OF 106.62 FEET
THENCE, LEAVING SAID BOUNDARY OF SAID COSTA REAL MUNICIPAL WATER DISTRICT LAND NORTH 42*36'00" WEST 54.53 FEET TO THE TRUE POINT OF BEGINNING.
r
4030-7/*
PA7-k-
p, X k~ 1: €3 I rr ':&A'' -- PAGE 3 017 3