HomeMy WebLinkAboutCT 01-03; Cal E1 LLC; 2003-1402552; Notice of RestrictionDOC # 2003-1402552
NOU 219 2003 4:26 PM
RECORDING REQUESTED BY AND ) 6 WHEN RECORDED MAIL TO:
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OFFICIAL REWRDS
sIv( DIEGO COUNTY RECLIRDER'S OFFICE GREGORY J. SNITHI MY RECORDER FEES: 23.00 MY: 2
I 'q Cityclerk 9 CITY OF CARLSBAD 1
I ea7" Carlsbad, California 92008-1989
1200 Carlsbad Village Drive
)
Space above this line for Recorder's use
Parcel No. 168-041-08-00
NOTICE AND WAIVER CONCERNING PROXIMITY
OF THE PLANNED OR EXISTING
COLLEGE BOULEVARD AND CARLSBAD VILLAGE DRNE
TRANSPORTATION CORRIDOR
CASE NO: CT 01-03/CP 01-03
This Notice Concerning Environmental Impacts is made by Cal El LLC, a Delaware
limited liability company, 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 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.
B. The Owner is the developer andor holder of the title to certain real property in the
City of Carlsbad, County of San Diego, California, more fully described as:
Lot 1 of Map No. 14696, filed in the Office of the County Recorder on October 9,
2003, in the City of Carlsbad, County of San Diego, State of California
C. The property is located adjacent to the College Boulevard and Carlsbad Village
Drive 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.
D. 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
Noise Form #1 Rev. 02/02/99
FORM: NOISE 1: 2 OF 3
structure upgrades.
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.
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.
NOW, THEREFORE, in light of the above Recitals, owner does, for itself, and its
successors and assigns, give the following notice and makes the following waiver:
1. Owner has and shall develop the property in accordance with a Subdivision
TractParcel Map (CT 01-03) 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 & 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 fbllest 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.
...
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Noise Form #1 Rev. 02/02/99
FORM: NOISE 1: 3 OF 3
Executed this 3 dayof BJaVa \acv ,2003 .
*OWNER:
Cal El LLC, a Delaware limited liability
COrnDanV
(Name of Owner), A
U (sign here)
g, DO/& qhed
(print name h&e)
&e fiw , cv/ &--I LLC
(title and organization 01 signatory)
By: 4
(sign here) 3 3'
cu71F)Ecn4 'tw em (print name here)
S-&LA
(title and organizat'lon of signatory)
(Proper notarial acknowledgment of execution by Contractor must be attached.)
(Chairman, president or vice-president and secretaty, 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
flputy City Attorney
Noise Form #1 Rev. 02/02/99
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On U==4aw*3 ,-
Notary Public, personally appeared Thk Gtd4 &dw& , [/(personally
known to me - or [ 3 proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) idare subscribed to the within instrument and acknowledged to me that heMe/they
executed the same in kisCkerltheir authorized capacity(ies), and that by kisffrcrltheir signature(s)
on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
before me,c&& I/-6vbL(rllc9q L
WITNESS my hand and official seal.
(Signature of Notary) 0
Noise Form #1 Rev. 02/02/99