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HomeMy WebLinkAboutCT 02-16; Calavera Hills LLC; 2007-0206774; Notice of RestrictionDOC# 2007-0206774 RECORDING REQUESTED BY AND) WHEN RECORDED MAIL TO: ) City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 ) HP ' loon MAR 27, 2007 4:22 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 17.00 PAGES: 4 ii ii ii i HJ ii i nti iii i» 2007-0206774 Space above this line for Recorder's use Parcel No. 168-050-47 and 48 Project Number and Name: Robertson Ranch East Village Master TM CT 02-16/HDP 02-07/SUP 02-05 NOTICE AND WAIVER CONCERNING PROXIMITY OF THE PLANNED LIGHTED SPORTS FIELD(S) AT ROBERTSON RANCH PLANNING AREA 12 This Notice Concerning Impacts of the Planned Lighted Sports Field(s) at Robertson Ranch Planning area 12 is made by Calavera Hills II. LLC. a Limited Liability Corporation, hereinafter referred to as the "Developer" of certain real property situated in the City of Carlsbad, County of San Diego, State of California. RECITALS A. Developer is holder of the title to certain real property in the City of Carlsbad, County of San Diego, California, described as Robertson Ranch East Village Planning Areas 15, 16, 17, 18 and 21, more fully described as: Those portions of Lots D and E of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California. According to Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1986, described as follows: Parcel 1: Parcel 1 on Certificate of Compliance recorded November 28, 2001 as File No. 2001-0865064 of Official Records. Parcel 2: The remainder parcel of Carlsbad Minor Subdivision 02-10 as shown on Parcel Map No. 19804 recorded August 3, 2005 as File No. 2005-0659805 of Official Records. B. The property is located adjacent to Robertson Ranch Planning Area 12, in which a community park with lighted sports fields is proposed. Special Notice of Proximity Approved by City Attorney 19387 Assessor's Parcel Number: 168-050-47 and 48 Project Name: Robertson Ranch East Village Master TM Project Number: CT 02-16/HDP 02-07/SUP 02-05 FORM: LIGHTED SPORTS FIELD Page 2 of4 C. Developer has and shall develop the property in accordance with the Robertson Ranch Master Plan (MP 02-03) and approvals by the City of Carlsbad, which approvals include a condition that this notice of park impacts be given to prospective residents of developments within the East Village of the Robertson Ranch Master Plan. D. The park will be developed in compliance with City and State criteria which may include mitigation in the form of park facility setbacks, fencing, and shielding of light fixtures. E. However, Developer has no responsibility or control over the operation of the City park, including without limitation, the types or number of activities occurring within the park, or the frequency of the light usage or the noise level from activities in the proposed park. F. The purpose of this notice is to disclose to any prospective purchaser, tenants, or occupants of the Robertson Ranch East Village, to the fullest extent possible, present and future potential negative impacts of light and sound generated by all manner of activities at the Robertson Ranch City park site, and the Developer's Waiver of the Right to Sue and Covenant Not to Sue, for damages or injuries resulting from such impacts, which shall be binding on all its successors-in-interest. NOW, THEREFORE, in light of the above Recitals, Developer does, for itself, and its successors and assigns, give the following notice and make the following waiver and covenant: 1. The lighted sports field(s) in Robertson Ranch Planning Area 12 may create significant negative impacts due to light and sound from activities at the various sports fields, affecting the purchasers, tenants, and occupants of adjacent properties. 2. Developer acknowledges and accepts these impacts and forever waives any and all causes of action against the City of Carlsbad, its agents, servants or employees, and Covenants Not to Sue, for any damages or injuries resulting from said impacts. 3. The properties within the East Village of Robertson Ranch Master Plan (MP 02-03) shall be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied and improved subject to this Notice. This Waiver of the Right To Sue and Covenant Not To Sue, shall run with the land and shall be binding upon all parties having or acquiring any right, title or interest in the property. Special Notice of Proximity Approved by City Attorney Executed this 'OWNER: C fc L A M 6Y' (Name of Owner) By: (sigffhere) M 19388 Assessor's Parcel Number: 168-050-47 and 48 Project Name: Robertson Ranch East Village Master TM Project Number: CT 02-16/HDP 02-07/SUP 02-05 FORM: LIGHTED SPORTS FIELD Page 3 of 4 day of HILLS II, LUC , 20 (print name here) JST I/. P. (title and organization of signatory) By: (s\gn her£) (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 JR. BALL, City Attorney By: sistant City Attorney Special Notice of Proximity Approved by City Attorney 19389 STATE OF CALIFORNIA COUNTY OF SAN DIEGO On appearedbbn JT\j4ck^|l before me, Notary Public, personally •^personally known to me - or [ ] proved to mo on tho basis of ooticfaotory evidence to be the pecson(s) whose name(s) 4e/are subscribed to the within instrument and acknowledged to me that he/ahe/they executed the same in his/her/their authorized capacity(ies), and that by his/botftheir 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 official seal. (Signature of ANN M. FUTO Commission* 1546838 Notary Public - California Son Diego County My Comm. Expires Jan 23, Special Notice of Proximity Approved by City Attorney