HomeMy WebLinkAboutCT 00-16; Poinsettia Properties; 2002-0375804; Notice of RestrictionDOC # 2002-0375804
MFIY 021 2002 4tl.9 PM
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: )
) City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, California 92008-1989
Space above this line for Recorder’s use
CT 00-16/PUD 01-01/SDP 00-12/ CDP 00-44
Poinsettia Properties Planning Areas. 2, 3, & 4
Parcel No. 214-450-26, 27, & 28
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, more fully described as:
Lots 1,2, and 3 of Carlshad Tract No. 97-10, Poinsettia Properties, in the City of Carlsbad,
County of San Diego, State of California, according to Map thereof No. 13785, filed in the
Offlce of the County Recorder of San Diego County on May 21,1999.
The following NOTICES are contained in this document:
NOTICE CONCERNING PROXIMITY OF THE EXISTING TRANSPORTATION CORRIDORS
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
TRANSPORTATION CORRIDORS
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 Poinsettia Lane, Avenida Encinas, and
Embarcadero Way and near Interstate 5 (hereafter described as corridors) on which transportation
vehicles such as automobiles, trucks, motorcycles and/or vehicles for rail and transit are proposed to travel.
MULTINOISEFRM 1 Rev. 08/21/00
C. Owner has no control over the operations of the corridors 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 corridors.
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 210 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 corridors, including
without limitation, the types or number of vehicles operating on the corridors.
3. That the vehicle operations on the corridors 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 he 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 2 miles from the McClellan-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.
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
MULTINOISE.FRM 2 Rev. 08/21/00
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 210 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
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 210 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.
MULTINOISE.FRM 3 Rev. 08/21/00
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 propeay.
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, hut are not limited to,
locomotive and train noise, vibration and other effects generated by approximately SO trains per day
including whistle, bell, wheel, braking, and grade crossing protection noise, vibration, and lighting impacts
between 2000 and 2020, and beyond, as passenger and freight train traffic increases in the corridor. generated from said trains. These impacts are projected to increase substantially during the period of years
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.
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 andor vehicles for rail and transit are proposed to travel.
C. Qwner has no control over the operations of the station including the types of vehicles,
trips and traffic, nor the frequency of the 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 its
transportation station.
NOW THEREFORE, in light of the above Recitals, owner does, for itself, and its successors and assigns,
give the following notice:
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.
1. Owner has and shall develop the property in accordance with Specific Plan 210 approved
MULTINOISE.FRM 4 Rev. 08/21/00
c_
2. That Owner has no responsibility or control over the operation of the station, including i.”~
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 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. 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 and on-site sewer lift station.
B. The property is located approximately y2 mile from the Encina Sewer Plant, City of
Carlsbad, San Diego County.
C. Owner has no control over the operations of the Sewer Plant or on-site sewer lift station
D. It is the desire of Owner to give notice to any potential purchaser of the real property of
the Sewer Plant operation and on-site sewer lift station, and the fact that purchasers may be subject to odor
impacts from the Sewer Plant and/or on-site sewer lift station.
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 210 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 or on-
site sewer lift station.
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
MULTINOISE.FRM 5 Rev. 08/21/00
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 and on-site sewer lift station. 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 Cxlsbad, its agents, servants or employees as to any damages or injuries resulting from
said impacts.
MULTINOISE.FRM 6 Rev. 08/21/00
IN WITNESS WHEREOF, these Declarations of, I) Notice of corridor traffic, sight and sound;
11) Notice of aircraft, sight and sound; LE) Notice of train vibration, sigh ant sound; IV) Notice of odor
impacts; and V) Notice of station traffic, sight and sound are made this '1 day of ,march ,
20&
*OWNER:OBSLP CARLSBAD LLC, a Delaware limited liability company
By: IHP Investment Fund 111, L.P. a California limited partnership, sole member
By: Institutional Housing Partners 111, L.P, a California limited partnershi
General Partner using Partners, Inc., a California corporation
(sign here) <
Arnette S. McCrimmon
(print name here)
Vice President
(title and organizational of signatory)
(sign here)
n. I<, Rlc O&\S
(print name here)
UfC4 FMWC(C4 1 I 0.G w
(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 oficer(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
p'e/6uty City Attorney
MULTIN0ISE.M Rev. 08/21/00
STATE OF CALIFORNIA 1
COUNTY OF ORANGE
} ss. 1
On February 21, 2002, before me, Joelle Vogel, a Notary Public, in and for said State,
personally appeared Amette S. McCrimmon personally known to me to be the person whose
name is subscribed to the within instrument and acknowledged to me that she executed the same
in her authorized capacity, and that by her signature on the instrument the person, or the entity
upon behalf of which the person acted, executed the instrument,
WITNESS my hand and official seal.
e Notaqbublic /-
STATE OF CALIFORNIA
Notary Public, personally appeared b % 6 * , W(personal1y
known to me - to be the personls) whose
name@ isk subscribed to the within instrument and acknowledged to me that heM4ky
executed the same in hisAnrfttniz authorized capacityw, and that by his&&hek signatureM
on the instrument the person@, or the entity upon behalf of which the personM acted, executed
the instrument.
WITNESS my hand and official seal.
M%TINOISE.FRM 8 Rev. 08/21/00