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HomeMy WebLinkAboutCDP 98-10; Carlsbad By The Sea; 1998-0684956; Notice of RestrictionDOE xi 1998-0684956 12~13 OCT 22. 1998 4:03 PM RECORDED REQUE= OF First American Title SUBDMS,ON MAPPING DEFr. RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: i City Clerk CITY OF CARLSBAD ; 1200 Carlsbad Village Drive ) cfF1c1At RmDs W DIEGU CWNTY kfCRDER’S OFFICE l7RElxw J.ps cwt&mDER : Carlsbad, California%2008-1989 j Space above this line for Recorder’s use A* Yy.4, cc; II Parcel No. 214-022-27 The undersigned Owner is the Developer and/or Holder of the Tile to Certain R&al Property in the City of Carlsbad, County of San Diego, California, more fully described as: LOT 2, BLOCK 23, LA COSTA DOWNS, UNIT NO. 1, MAP 2013 The following NOTICES are contained in this document: NOTICE CONCERNING PROXIMITY OF THE EXISTING CARLSBAD BOULEVARD TRANSPORTATION CORRIDOR NOTICE CONCERNING AIRCRAFT ENVIRONlMENTAL n\lpACti, NOTICE CONCERNIHG RAILROAD ENVIRONMENTAL IMPACTS NOTICE CONCERNING PROXIMITY OF THE PROPOSED COMMUTER RAIL TRANSIT STATION NOTICE CONCERNING ODUR ENVIRONhIENTAL 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 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. MULTlh’OISE.FRM 1 Rev. 03/27/95 CDP 42-/o .I .: 12 4 4 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. 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 devetop the property in accordance with Specific Plan 20 1 approved by the City of G&bad, which approval includes the reqtiirement 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 and covenants not to sue the City of Carlsbad, its agents, servants or employees as to any damages or injuries resulting from said impacts. II. NOTICE CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS 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-P&mar 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. MULTIBOISE.FRM 2 Rev. 03/27/95 )i .: 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 rt5sponsibility of catitfoloverHi$ operation of the Airport, including without limitation, the types or number of flight opetations, 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 ahd 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 and covenants not to sue the City of Carlsbad, its agents, servants or employees as to any damages or injuries resulting from said impacts. III. 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 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 MULTINOISE.FRM 3 Rev. 03/27/95 .(. . . 1246 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 extentpossible present and future potential impacts of noise generated by all manner of trains which will generate noise and other environmental impacts. Purchaser acknowledges and accepts these existmg 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 traftic generated by all manner of vehicles including public and private vehicles which may generate noise and other environmental impacts. 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 contro1,ove.r 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 togive notice to any potential purchaser of the real property of its proximity to the station and the fact that purchasesmay 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. MULTINOISE.FRM 4 Rev. 03/27/95 : 1247 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 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 traffic 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. 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. B. The property is located approximately % mile from the Encina Sewer Plant, City of Carlsbad, San Diego County. C. Owner has no control over the operations of the Sewer PIant. 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 inch&es 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. MULTINOISE.FRM 5 Rev. 03127195 IN WITNESS WHEREOF, these Declarations of, I) Notice of corridor traffic, sight and sound; II) Notice of aircraft, sight and sound; III) Notice of train vibration, sigh and sound; IV) Notice of odor impacts; and V) Notice of station traffic, sight and sound are made this &day of _ Ll2Gz&& ,19x. *OWNER: PM/.5 .LYEm (print name here) (print name here) P c%LbM (title and organizatibn of signatory) (Proper notarial acknowledginent of execution by Contractor must be affached.) (President or vice president &J@ secretary or assistant s&&+taty mu& a7Qn for corporations. If on/y one officer signs, the corporation must attach a resolution cettifiid by the secretary or assistant secretary under corporate seal empowering that officer 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 Assistant City Attorney MULTINOISE.FRM Rev. 03127195 STATE OF CALIFORNIA COUNTY OF SAN DIEGO On /o- Y- 98 before me, CAROLYN L. KAHLE-FINNERTY Notary Public, personally appeared , L+j$&sonally 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. WITNESS my hand and offkial seal. MULTINOISE.FRM Rev. 03/27/95