HomeMy WebLinkAboutCDP 01-39; Sanchez, Patricia; 2002-1076947; Notice of RestrictionRECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: 1
City Clerk )
CITY OF CARLSBAD 1
1200 Carlsbad Village Drive )
1
Carlsbad, California 92008-1 989 )
Space above this line for Recorder's use
Project Number and Name CDP 01-39 - Casa de Milagra
Parcel No. 214-023-09
NOTICE OF MULTI-IMPACTS
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, mort: fully described as:
Lot 9 in Block 22, La Costa Downs Unit No. 1, in the City of Carlsbad,
County of San Diego, State of California, as sb.own on map thereof No.
2013, filed in the office of the County Recorder of San Diego County,
on April 6,1927
The following NOTICES are contained in this document:
NOTICE CONCERNING PROXIMITY OF THE EXISTING CARLSBAD
BOULEVARD TRANSPORTATION CORRIDOR
NOTICE CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS
NOTICE CONCERNING RAILROAD ENVIRONMENTAL IMPACTS
NOTICE CONCERNING PROXIMITY OF THE PROPOSED COMMUTER
RAIL TRANSIT STATION
NOTICE CONCERNING ODOR ENVIRONMENTAL IMPACTS
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
MULTINOISE.FRM 1 Rev. 0812 1/00
vehicles which will generate noise and other environmental impacts.
B. The property is located adjacent to the Carlsbad 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.
C. Owner has no control over the operations of the corridor including the types of
vehicles, trips and traffic, nor the fiequency 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 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:
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.
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 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 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
against the City of Carlsbad, 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 AIRCRAFT ENVIRONMENTAL IMPACTS
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
MULTINOISE.FRM 2 Rev. 08/21/00
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.
C. Owner has no control over the operations of the Airport, including the types to
aircraft, flight, the flight patterns of the aircraft, nor the frequency of the flights.
D. It is the desire of Owner to give notice to any potential purchaser of the real
property of the air flight operation and the fact that purchasers may be subject to overflight, sight
and sound of aircraft 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:
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.
4. 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 impact. Purchaser acknowledges and
accepts these existing and future impacts and waives any and all causes of action against the City
of Carlsbad, 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 IMPACTS
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 trains which will generate noise and
other environmental impacts.
B. The property is located 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
MULTINOISE.FRM 3 Rev. 08/21/00
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 Railroad operation and the fact that purchasers may be subject to vibration, sight
and sound of trains operating on the Railroad.
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 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 Railroad,
including without limitation, the types or number of trains, timing of, or frequency of trains.
3. That the train operations of the Railroad may create significant 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.
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. 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 trains which will generate noise and
other environmental impacts. These transportation corridor impacts currently include, but are not
limited to, locomotive and train noise, vibration and other effects generated by approximately 50
trains per day including whistle, bell, wheel, braking, and grade crossing protection noise,
vibration, and lighting impacts generated from said trains. These impacts are projected to
increase substantially during the period of years between 2000 and 2020, and beyond, as
passenger and freight train traffic increases in the corridor. 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.
IV. 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 environmental impacts.
MULTINOISE.FRM 4 Rev. 08/21/00
B. The property is located north of the proposed North County Commuter Rail
Transit Station (hereafter described as station) at which transportation vehicles such as
automobiles, trucks, motorcycles and/or 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, owner 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 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.
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 binding upon all parties having or acquiring any nght, title or interest in the property.
5. The purpose of this notice is to disclose to the fbllest extent possible present and
future potential impacts of noise and traffic generated by all manner of vehicles including public
and private vehicles which will generate noise and other environmental impacts. These
transportation corridor impacts currently include, but are not limited to, locomotive and train
noise, vibration and other effects generated by approximately 50 trains per day including whistle,
bell, wheel, braking, and grade crossing protection noise, vibration, and lighting impacts
generated from said trains. These impacts are projected to increase substantially during the
period of years between 2000 and 2020, and beyond, as passenger and freight train traffic
increases in the corridor. 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.
V. NOTICE CONCERNING ODOR ENVIRONMENTAL IMPACTS
RECITALS
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.
MULTINOISE.FRM 5 Rev. 0812 1/00
B. The property is located approximately 1/2 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 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.
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 impacts generated by the Sewer Plant. 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.
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MULTINOISE.FRh4 6 Rev. 08/21/00
IN WITNESS WHEREOF, these Declarations of, I) Notice of comdor traffic, sight and
sound; 11) Notice of aircraft, sight and sound; 111) Notice of train vibration, sigh and sound; IV)
Notice of odor impacts; and V) Notice of station traffic, sight and sound are made this 3/
day of Orno- ,200a .
*OWNER:
(print name here)
OWIJER- aoIL-bL"
(title and organizational of signatory)
Bv:
(sign here)
(print name here)
(title and organization of signatory)
(Proper notarial acknowledgment of execution by Contractor must be attached.)
(Chairman, president or vice-president and secretary, assistant secretary, CFO or
assistant treasurer must sign for corporations. Otherwise, the corporation must attach a
resolution certified by the secretary or assistant secretary under corporate seal
empowering the officer(s) signing to bind the corporation.)
(If signed by an individual partner, the partnership must attach a statement of
partnership authorizing the partner to execute this instrument).
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
City Attorney
TINOISE.FRM 7 Rev. 0812 1/00
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On~c7~~e~3\.XOOa, beforeme, kl;ta. beth 4. da-\\acC!
Notary Public, personally appeared -?n T c I a L
known to me - or [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
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(s) acted, executed
the instrument.
I. .V. he ,mersonally
WITNESS my hand and official seal.
My Comm. Expires Aug. 29,20051
P ",." -_. ~ 1 -
(Signafire of Notary)
MULTINOISE.FRM 8 Rev. 08/21/00