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
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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