HomeMy WebLinkAboutCT 06-03; Tuscany by the Sea LLC; 2006-0530984; Notice of RestrictionDOC # 2006-0530984
7020
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, California 92008-1989
JUL.27,2006 10:40 AM
OFFICIAL RECORDS
SiN DIERO COUNTY RECORDER'S OFFICE
GREGORY J SMITH, COUNTY RECORDER
"FEES; 17.00
PAGES 4
2006-0530984
Space above this line for Recorder's use
Parcel No. 206-020-08-00
Project Number and Name: _CT 06-03 - Tuscany by the Sea
NOTICE AND WAIVER CONCERNING PROXIMITY
OF THE PLANNED OR EXISTING
TAMARACK AVENUE AND RAILROAD TRANSPORTATION CORRIDOR(S)
CASE NO: CT 06-03
This Notice Concerning Environmental Impacts is made by Tuscany by the Sea, a(n)
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 and/or holder of the title to certain real property in the
City of Carlsbad, County of San Diego, California, more fully described as:
That portion of Lot 6 in Block S of Palisades Number Two, in
the City of Carlsbad, County of San Diego, State of California,
according to Map thereof No. 1803, filed in the Office of the
County Recorder of San Diego County, on August 25,1924
C. The property is located adjacent to the Tamarack Avenue and Railroad
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
Noise Form # 1 Rev. 02/02/99
*J A 9 \ Assessor's Parcel Number: 206-020-08
f U 6 A Project Number and Name: CT 06-03 - TUSCANY BY THE SEA
FORM: NOISE 1:2 OF 3
which may include mitigation in the form of setbacks, earthen berms, masonry walls and/or
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 Tract
CT- 06-03 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 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.
Noise Form #1 Rev. 02/02/99
7022 Assessor's Parcel Number: 206-020-08
Project Number and Name: CT 06-03 - TUSCANY BY THE SEA
Executed this
"OWNER:
FORM: NOISE 1:3 OF 3
day of , 2006.
Jy:
(sigrrnere f
(print name here)
(title and organization of signatory)
By: _
(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 officers)
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
Byj
AssisSnt'City Attorney
Noise Form # 1 Rev. 02/02/99
7023
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On before me,
Notary Public, personally appeared [\a n X cU I K .personally
known to me - or [ ] proved to me on the basis of satisfactory evidence to be the person^ whose
nameO*) is/afe subscribed to the within instrument and acknowledged to me that he/she£key
executed the same in his/he*/their authorized capacity(ies), and that by his/her/their signature(s)
on the instrument the person(s)f or the entity upon behalf of which the person(s} acted, executed
the instrument.
WITNESS my hand and official seal.
(Signature of Notary)
" ELIZABETH FRANCISCU8
Commission* 13M3»2
Notary Public-California
San Dteflo County
.,. F^ires Julie, 20061
Noise Form #1 Rev. 02/02/99