HomeMy WebLinkAboutCT 01-17; Newport Hills Inc; 2002-0913258; Notice of RestrictionRECORDING REQUESTED BY AND ) ?% WHEN RECORDED MAIL TO: ) 4-49
OCT 183 2002 4-09 PM
OFFICIAL KECOKDS SRN DIEGO COUNT? aGkDER3 OFFICE GREGORY J. SMITH, COUNTY RECRDER FEES: 17.00
& City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive )
Carlsbad, California-92008-1989 i
Space above this line for Recorder's use
Parcel No. 206-042-27
NOTICE AND WAIVER CONCERNING PROXIMITY
OF THE PLANNED OR EXISTING
TAMARACK AVENUE AND 1-5 TRANSPORTATION CORRIDOR(S)
CASENO: CT 01-17
This Notice Concerning Environmental Impacts is made by Newport Hills, Inc. (a
corporation), 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 and/or holder of the title to certain real property in the
City of Carlsbad, County of San Diego, California, more fully described as:
A portion of Tract 232 of Thum Lands in the City of Carlsbad,
County of San Diego, State of California, according to Map
thereof No. 1681, filed in the office of the County Recorder of
San Diego County, December 9,1915.
C. The property is located adjacent to the, Tamarack Avenue and 1-5 Transportation
Comdor (hereafter described as corridor) on which transportation vehicles such as automobiles,
trucks, motorcycles andor 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
structure upgrades.
Noise Form #I Rev. 02/02/99
FORM: NOISE 1: 2 OF 3
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
Tracflarcel Map (CT 01-17) 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 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.
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Noise Form #1 Rev. 02/02/99
FORM: NOISE 1: 3 OF 3
Executed this \3" day of %-k ,20 02 .
*OWNER:
NEWPORT HILLS, INC.
(Name of Owner) -
($nt name here)
(title and organization of signatory)
(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
Noise Form #I Rev. 02/02/99
STATE OF CALIFORNIA
COUNTY OF &N+@@3
ORANGE
On p,,7037 before me, &A Scwe~~bW
Notary Public, personally appeared ~WIS~ P . d I dry ,yQ personally
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 hishedtheir authorized capacity(ies), and that by his/her/their signature(@
on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
WITNESS my hand and official seal.
Noise Form #1 Rev. 02/02/99