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Home My WebLink AboutCT 83-19; Lyon/Copley Carlsbad Associates; 1991-0267083; Notice of Restriction- __ . .- -- - __ a __ . __ ____ 815 ____ RECORDING REQUESTED BY AND __ WHEN RECORDED RETURN TO City of Carlsbad,C;+j Cle& *it' 1200 Elm Avenue Carlsbad, CA 92008 - - NOTICE CONCERNING PROXIMITY OF TEE PLANNED OR EXISTING COLLEGE BOULEVARD TRANSPORTATION CORRIDOR(S) C.T. 83-19 This Notice Concerning Environmental Impacts is made by Lyo Copley Carlsbad Associates, L.P., a California Limited Partnershi hereinafter referred to as the tlOwnerlt, is developer of certa real property situated in the City of Carlsbad, County of S Diego, State of California. RECITALS A. The purpose of this notice is to disclose to the fulle extent possible preseat and future potential impacts of noi generated by all manner of vehicles including public a private vehicles which will generate noise and 0th environmental impacts. Purchaser acknowledges and accep these existing and future impacts and forever waives any a all causes of action and covenants not to sue the City Carlsbad, its agents, servants or employees as to any damag or injuries resulting from said impacts. B. The Owner is the developer and/or holder of the title certain real property in the City of Carlsbad, County of S Diego, California, more fully described as: See attach Exhibit I1Ag1 . C. The property is located adjacent to the College Bouleva Transportaticn Corridor (hereafter described as corridor) which transportation vehicles such as automobiles, truck motorcycles and/or vehicles for rail and transit are propos to travel. D. The property has been developed in compliance with City a State noise criteria which may include mitigation in the fc of setbacks, earthen berms, masonry walls and/or structu upgrade. E. Owner has no control over the operations of the corrid including the types of vehicles, trips and traffic, nor t frequency of the trips. F. It is the desire of Owner to give notice to any potenti purchaser of the real property of its proximity to t corridor and the fact that purchases may be subject to t impacts of said proposed transportation corridor. F R : NOISE 1: 2 OF 0 816 .+ NOW, THEREFORE, in light of the above recitals, owner does, f itself, and its successors and assigns, give the following notic 1. Owner has and shall develop the property in accordan with a Subdivision Tract CT-83-19 approved by the City Carlsbad, which approval includes the requirement of t consistent with the Land Use & Noise Element of t General Plan of the City of Carlsbad. City of Carlsbad, that the development of the property 2. That Owner has no responsibility or control over t operation of the corridor, including without limitatio the types or number of vehicles operating on t corridor. 3. That the vehicle operations on the corridor may crea significant impacts affecting the purchasers, tenants a occupants of the property and that purchasers, tenan and occupants of the property reside there subject sight and sound of vehicle operation. 4. The property shall be held, conveyed, hypothecate encumbered, leased, rented, used, occupied and irnprov subject to this notics. This notice shall run with t property and shall be binding upon all parties having acquiring any right, title or interest in the propert The purpose of this notice is to disclose to the fulle extent possible present and future potential impacts noise generated by all manner of vehicles includi public and private vehicles which will generate noise a other environmental impacts. Purchaser acknowledges a accepts these existing and future impacts and forev waives any and all causes of action and covenants not sue the City of Carlsbad, its agents, servants employees as to any damages or injuries resulting fr said impacts. 5. IN WITNESS WHEREOF, this Declaration of Notice of corridor traf f i sight and sound is made this s day of MAY r 1941' Lyon/Copley Carlsbad Associates, L.P. ,- a Californ Lyon Communities Inc., naging General Partner e 817 0 FORM: NOISE 1: 3 OF STATE OF CALIFORNIA) SS. COUNTY OF SAN DIEGO) ON mu b, 1w , BEFORE ME, THE UNDERSIGNE A NOTARY PUBLIC !TN mD FOR SAID STATE, PERSONALLY APPEARED GARRY TARQUINIO, PERSONALLY KNOWN TO ME f2'SXS TO BE THE VICE PRESIDENT OF LY COMMUNITIES, INC., THE CORPORATION THAT EXECUTED THE WITH INSTRUMENT, AND PERSONALLY KNOWN TO ME m TC? nm ~nm-r~ F TO BE THE PERSON WHO EXECUTED T WITHIN INSTRUMENT ON BEHALF OF THE CORPORATION, SAID CORPORATI BEING PERSONALLY KNOWN TO ME GB PRBSJEE ME S+WX EASIS €SEW33 TO BE THE MANAGING GENERAL PARTNER LYON/COPLEY CARLSBAD ASSOCIATES, L.P., SAID PARTNERSHIP BEING T CALIFORNIA LIMITED PARTNERSHIP THAT EXECUTED THE WITHIN INSTRUMEN AND ACKNOWLEDGED TO ME THAT SAID CORPORATION EXECUTED THE WITH INSTRUMENT AS SUCH PARTNER AND THAT SAID PARTNERSHIP EXECUTED T SAME. WITNESS MY HAND AND OFFICIAL SEAL: TI T17 SA@ DEGO CBUSdlE t& @mm. EqiieG &,T. Xi* li $92 hmvh STATE OF CALIFORNIA) SS. COUNTY OF SAN DIEGO) ON mw b, r99I , BEFORE ME, THE UNDERSIGNE A NOTARY PUBLIC 'IN AfJD FOR SAID STATE, PERSONALLY APPEARED ROBIN -wm TO BE THE ASSISTANT SECRETARY OF LY INSTRUMENT, AND PERSONALLY KNOWN TO ME WEE - Y Z','IS&X€F+ TO BE THE PERSON WHO EXECUTED 1 WITHIN INSTRUMENT ON BEHALF OF THE CORPORATION, SAID CORPORATI tln ADAMSON, PERSONALLY KNOWN TO ME -A, P COMMUNITIES, INC., THE CORPORATION THAT EXECUTED THE WITH BEING PERSONALLY KNOWN TO ME CE >XS V vT7TnE2?€33- TO BE THE MANAGING GENERAL PARTNER LYON/COPLEY CARLSBAD ASSOCIATES, L.P., SAID PARTNERSHIP BEING 'I CALIFORNIA LIMITED PARTNERSHIP THAT EXECUTED THE WITHIN INSTRUMEN AND ACKNOWLEDGED TO ME THAT SAID CORPORATION EXECUTED THE WITH INSTRUMENT AS SUCH PARTNER AND THAT SAID PARTNERSHIP EXECUTED 'I SAME. WITNESS MY HAND AND OFFICIAL SEAL: ;'vh MHxkb/MArev. 346-39 wp:346.51c 4/29/91 x13 I 13 I -r -818 e: THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIF CIIUNTY OF SAN DIEGO. AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF LOT I'D" OF THE RANCHO AGUA HEDION IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNI ACCORDING TO THE PARTITION MAP THEREOF NO. 823, FILED IN THE OFF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF: THE 493.70 ACRE PARCEL LAND AS SHOWN ON RECORD OF SURVEY MAP NO. 9336, FILED IN THE OFF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 12, 1963, SAID NORTHEASTERLY CORNER BEING THE NORTHERLY TERMINUS OF THAT 9ERTAI COURSE SHOWN THEREON AS "NORTH 1O57'58" EAST 610.78 FEET". THEN ALONG THE BOUNDARY OF SAID RECORD OF SURVEY MAP NO. 9336 TAE FOL FOUR COURSES: SOUTH 01'57'58" WEST 610.78 FEET, THENCE NORTH 14'17'45" WEST, 173.74 FEET; THENCE SOUTH 55'39'43" WEST 223.82 THENCE SOUTH 06'47'57" WEST 416.92 FEET; THENCE LEAVING SAID BOU SOUTH 66"33'35" WEST 219.99 FEET; THENCE SOUTH 76'52'35" WEST 23 FEET; THENCE NORTH 03'03'00" EAST 10.78 FEET; THENCE NORTH 66'27 WEST 134.21 FEET TO A NON-TANGENT CURVE, CONCAVE NORTHWESTERLY, A RADIUS OF 228,OO FEET, A RADIAL LINE OF SAID CURVE TO SAID POI BEARS SOUTH..66"27'00" EAST; THENCE SOUTHWESTERLY ALONG SAID CURV THROUGH A CENTRAL ANGLE OF 13"55'00" AN ARC DISTANCE OF 55.38 FE THENCE TANGENT FROM SAID CURVE SOUTH 37O28'00" WEST 54.31 FEET 7 TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 20.00 FEET; SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 52'17'04 ARC DISTANCE OF 18.25 FEET TO A TANGENT REVERSE CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 38.02 FEET; THENCE SOUTHERLY, WEST AND NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 162'07 AN ARC DISTANCE OF 107.58 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 70.00 FEET, A RADIAL LINE T SAID POINT BEARS SOUTH 61'23'53" WEST; THENCE NORTHERLY ALONG SA CURVE THROUGH A CENTRAL ANGLE OF 20"50'07" AN ARC DISTANCE OF 25 FEET; THENCE SOUTH 82'14'00'' WEST 187.00 FEET TO A POINT THAT L NORTH 31'44'07" EAST 30.20 FEET FROM THE NORTHERLY TERMINUS OF T CERTAIN COURSE DESCRIBED ON SAID RECORD OF SURVEY MAP NO. 9336 A NORTH 07'40'28'' EAST 190.85 FEET". THENCE SOUTH 31'44'07'' WEST RECORD OF SURVEY MAP NO. 9336 THE FOLLOWING SIX COURSES: SOUTH 07'40'28'' WEST 190.85 FEET; THENCE SOUTH 08"21'20" EAST 203.42 (RECORD SOUTH 08'24'37'' EAST 203.13 FEET), THENCE SOUTH 28'31'2 EAST 327.42 FEET (RECORD SOUTH 28'28'28" EAST 327.62 FEET), THEN SOUTH 13"32'31" WEST 98.52 FEET; THENCE SOUTH 59'25'58" WEST 13 FEET; THENCE SOUTH 15'38'47" WEST 158.64 FEET; THENCE LEAVING S BOUNDARY SOUTH 29"16'30" WEST 1421.44 FEET; THENCE SOUTH 73'55' WEST 213.47 FEET; THENCE NORTH 80'46'00" WEST 491.78 FEET TO A NON-TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 460 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 26'5 WEST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL AN 67'49'12'' AN ARC DISTANCE OF 544.49 FEET; THENCE TANGENT FROM SA CURVE NORTH 04"40'00" EAST 270.00 FEET TO A 'I'ANGENT CURVE, CONCA SOUTHWESTERLY, HAVING A RADIUS OF 190.00 FEET; THENCE NORTHWESTE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 60'40'00" AN ARC DX OF 201.18 FEET; THENCE TANGENT FROM SAID CURVE NORTH 56'00'00" FEET TO SAID NORTHERLY TERMINUS; TAENCE ALONG THE BOUNDARY OF SA ~~xkl 1 B 1 'r A'' - PAGT? 1 OF 2 819 0 1) . .. . 307.78 FEET; THENCE NORTH 38'22'40" EAST 473.96 FEET TO A TANGEI CiJRL'E, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1503.00 FEET; hORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03'24 ARC DlSTANCE OF 89.36 FEET; THENCE RAUIAL FKOM SAID CURVE NORT 55'01'43'' WEST 2.00 FEET TO A NON-TANGENT CURVE, CONCAVE NORTHW HAVING A RADIUS OF 1501.00 FEET, A RADIAL LINE OF SAID CURVE T POINT BEARS SOUTH 55'01'43" EAST; THENCE NORTHEASTERLY ALONG SA CURVE THROUGH A CENTRAL ANGLE OF 07°09'45" AN ARC DISTANCE OF FEET; THENCE RADIAL FROM SAID CURVE SOUTH 62'11'28" EAST 6.00 F A NON-TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 62" EAST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL. A 04'49'42'0 AN ARC DISTANCE OF 127.00 FEET; 'THENCE RADIAL FROM SA CURVE NORTH 67'01'10" WEST 6.00 FEET TO A NOW-TANGENT CURVE, COI WESTERLY, HAVING A RADIUS OF 1501.00 FEET, A RADIAL LINE _OF SAII TO SAID POINT BEARS SOUTH 67'01'10" EAST; THENCE NORTHERLY ALOi CURVE THROUGH A CENTRAL ANGLE OF 03°57'50" AN ARC DISTANCE OF 1 FEET; THENCE TANGENT FROM SAID CURVE NORTH 13'01'00" EAST 776.2 TO A TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 903.00 THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12 AN ARC: DISTANCE OF 204.66 FEET; THENCE RADIAL FROM SAID CURVE 83'58'08" EAST 6.00 FEET TO A NON-TANGENT CURVE, CONCAVE WESTE HAVING A RADIUS OF 909.00 FEET, A RADIAL LINE OF SAID CURVE TO POINT BEARS SOUTH 83'58'08" EAST; THENCE NORTHERLY ALONG SAID C THROUCiH A CENTRAL ANGLE OF 07'58'39'' AN ARC DISTANCE OF 126,56 THENCE RADIAL FROM SAID CURVE SOU'IH 88"03'13" WEST 6.00 FEET TO NON-TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 903.00 RADIAL LINE OF SAID CURVE TO SAID POINT 8EARS NORTH 88'03'13'' E THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 32'00'58" AN ARC DISTANCE OF 504.58 FEET TO AN INTERSECTION WIT1 CERTAIN COURSE DESCRIBED ON SAID RECORD OF SURVEY MAP NO. 9336 , NORTH 89'19'35" EAST 2,580.31 FEET"; THENCE ALONG THE ROlJNDARY SAID RECORD OF SURVEY MAP NO. 9336 NORTH 89'19'35" EAST 2487.16 TO THE POINT OF BEGINNING. .. _-" =- -->_ 4-38"7/ PA TE a- EXHIBIT A" - PAGE 2 @F 2