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Home My WebLink AboutCT 85-19; Darby Creek/Carlsbad LLC; 1998-0743941; Notice of Restriction743 % 0 GALlfORNIA TTTLE C0MPAN.Y 7 . 4 *' N83V 3-63 1998 4t2: CFFIUIN. fi'EBiiil9 $44 DIEGO CfINTY KECOHDER'S OFF IGI '* .b Order No.9 8 0 0 2 8 0 AND WHEN RECORDED, MAIL To: CITY CLERK CITY OF CARLSBAD GEFJRY J. SWITH, MTY RECO!%R 1200 CARLSBAD VILLAGE DR. FEES: 5.110 P y\ CARLSBAD, CA. 92008 I 1998-0743941 lo? ~ , p * I\ 1 \ NOTICE OF WAIVER CONCERNING PROXIMITY *** (Please fill in documen: title(s) on this line) *** OF EXISTING STREETS ~~~ s &eLe7& boc u .+V&-M< /7= &~~j~~~~- yd* @c&/zq7$/, /-fFLkA&a 3/J 7/9fl 's- L5iZ/-M6 ~j~~~~/~ H- &p&&gW 7.Q A73 4 v THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMAnON (Additional recording fee applies) __ ~ ___ . 74) ‘-3 0 p P”E-2 d) .mm ,”bL q B4ypJ-0-yjq4‘ . im . i ,‘. 3 - Pi&!? 273 19m 4x5 WFKifiL RE4RE 31% DEEGU WNTY R€NEW’S bCFICE GR€m 3. SMITH3 co113TY EmRm FE5: 19.00 RECORDING REQUESTED BY RECORDING REQUESTEI) BY 1306 CAsIFOClNtA TIT& Cd~pmy , 4 1 IJId HflJ IIII 11/11 If1 uull MJ Ullflllll JlIJm WHEN RECORIIED, MAIL TO: 7 998-01 70474 City Clerk City of Carlsbad $ 1200 Carlsbad Village Drive Carlsbad, CA 92008-1989 J i-g (Space Above for Recorder’s Use QhMtd NOTICE AND WAIVER CONCERNING PROXIMITY OF EXISTING STREETS This Notice and Waiver Concerning Proximity of Existing Street ( c‘Notice’3 is made by Darby CreeklCarlsbad, LLC, a California limited liability company (‘Owner”), the developer of certain real property situated in the City of Carlsbad, County of San Diego, State 0 California (“Pruperty ’9. RECITALS A. The purpose of this Notice is to disclose to the Mlest extent possible, present and fixture potential impacts of noise generated by all manner of vehicles including public and private vehicles which wilI generate noise and environmental impacts. Ehch purchaser of a Lot in the Property (“Purchaser”) acknowledges and accepts these existing and future impacts and forever waives any and all causes of action and covenants not to sue the City of Carlsbad (ccCi@y’), its agents, servants or employees as to any damages or injuries resulting from said impacts. .. B. The Owner is the developer and holder of title to the Property, more full3 described as Carlsbad Tract No. 85-19, according to a Map thereof No. 13525, recorded on December 22,1997, as File No. 97-0651083, in the Office of the San Diego County Recorder (“Property ’3. -1 - ’ F\CARLSBAD\SALES\STREETS.DOC 3/1/98 --~ * J*. ‘*.* 0 0 3 f-1-99, 5r 1307 C. The Property is located adjacent to public streets known as Melrose Drive and Rancho Sank Fe Road (“Streets”) on which transportation vehicles such as automobiles, trucks and motorcycles travel, D. The Property is being developed in compliance with City and State noise criteria which may include mitigation in the form of setbacks, earthen bems, masonry walls andor structure upgrades. E. Owner has no control over the operations of the Street including the types of vehicles, trips and traffic nor the frequency of the trips. F. It is the desire of Ownex to give to any potential Purchaser ofthe proximity of the Project to the Streets and the fact that Purchasers may be subject to impacts of said proposed Streets. NOW, T€€EREFORE, in light of the above recitals, Owner does for itseIf any of its successors and assigns give the following notice and make the following waiver. 1. Owner shall develop the Property in accordance with the Subdivision Ma for Carlsbad Tract 85-19 approved by the City, which approval includes the requirement of the City that the development of the Property be consistent with the land use and noise element of the general plan of the City. 2. Owner has no responsibility or control over the operation of the Streets including, without limitation, the types or numbers of vehicles operating on the Streets. 3. The City is contemplating a future realignment of the Melrose Drive and Rancho Santa Fe Road intersection which may result in these Streets being closer to the homes Carlsbad Tract No. 85-19. See Exhibit A. 4. The vehicle operations on the Streets may create significant impacts affecting Purchasers, tenants and occupants of the Property and Purchasers, tenants and occupants of the Property reside there subject to sight and sound of vehicles operation. -2- F:\CARLSBAID\SALES\STEm.DOC 311198 - J’ *.a 0 e .r 1200 - P@ 5. The Property shall be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied and improved subject to this Notice. The Notice shall nm with the Property and shall be binding upon all the parties have or acquiring any right, title or interest in the Property. 6. 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 environmentd impacts. Purchaser achowledges and accepts these existing and future impacts and forever waives any and all causes of action and covenants not to sue to City, its agents, servants or employees as to any damages or injuries resulting from said impacts (SIGNATURES ONFOLWWNG PAGEJ -3- F:\CARJSBAD\SALWWETS.DOC 3/6/98 0 -- 12C1 . *.. a 4. - F P@f (SIGNATURE PAGE TO NOTICEAND WAIVER CONCEWNG PROXIMITY OFEXSTmG STWEv ‘~O~ER ’7 DARBY CREEWCAIUSBAD, LLC, a California limited liability company By: Jenna Group, Inc., a CaIifornia corporation It’s Member By: STAE OF CALIFOlRNIA 1 COUNTY OF OMNGE 1 ) ss. On March 26,1998, before me, Lori Levine, a Notary Public in and for said Stat€ personally appeared John T. Newcomb, personally known to me to be the person whose me is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. ’? .* . ..- . $1 . , -” *,e- t MWOO Lori Levine, Notary Public (SEAL) -4- 0 8. F 1202&$ i \ *..- *, .. 0 _. *. 4" I1 - GOVERNMENT CODE 27361 -7 i CERTIFY UNDER'PENALTY OF PERJURY THAT THE NOTARY SEAL ON TH DOCUMENT TO WHICH TfiIS STATEMEW IS AmACEfED READS AS FOLLOW& Natt'W Of the NQfZV: Lor: Le4;rl.e omm mission Number: \\n 27% . . .Date ~mrniissian ~xpires: b- 3 3-z ' County Where Bond is Filed= 0 cmW3 .Of$mufacWrer .or Vendor Number= n: r\sk\ (&mated on ba& sides ~f the notary &@ border) . t. . -.- - Sigqa-mre: .L Finq Manie fif appIicab[el * ' .- \ . .. -. -. -@ge of ExFcufiont 5cw7 '3>i.e&?3 * 4. .._. * . Date: 3- &48 ..-* '. f .i' 1 i:: _. . .. r i- I.._. /Lg!!R w W 1 nis IS a true certifled copy of the record If it bears the seat imprinted ~n wrpje ink of the bder. 2 1 ?i 2; -- q =,- F^ P,, /- 4 E. -+ .-L ot- -.., J 43.A Recorder/County C I erk San Diego County, Catitornia e 1203 0 flI6NATURE PAGE TO P NOTICE AND TVAlFZR CONCEMNG PROXIMITY OF EXLSTINC; STREET) ((OtWER )) DARBY CREEWCARCSBAD, LLC, a California limited liability company By: Jenna Group, Inc., a California corporation It’s Member By: 1 ) ss. 1 STATE OF CALIFORNIA COUNTY OF ORANGE On March 26,2998, before me, Lori Levine, a Notary Public in and for said State persolidly appeared John T. Newcomb, personally known to me to be the person whose name is suhscribcd to the within instrument and acknowledged to mc that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. (. .. . -. . ‘C . -. ._L Mw b;eutnQ, Lori Levine, Notary Public J gm*U (SEAL) -4- Mob8 nCb4Lh Order KIM TOF KB SL) 1998-1704/4 Paqe 4 of 5 KIM ’ CALIFORNIA ALL-PURPOSE w ACKNOWLEDGMENT lR4 personally appeared and acknowledged to me that he/&&tey executed same in his- authorized capacitywand thai his/- signature(+ on the instrument the person or the entity upon behalf of which the personfsj acl executed the instrument. Though the information below is not required by law, it may prove valuable to persons relying on the document and could prev fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: ./bb Document Date: Signer@) Other Than Named Above: 1/1& CapacityQes) Claimed by §igner(s) 0 Individual 0 Individual 0 Partner - C Limited 0 General 0 Attorney-in-Fact i7 Attorney-in-Fact 0 Guardian or Conservator 0 Guardian or Conservator Signer Is Representing: Signer Is Representing: <~~~+-~g~-~~~q-~ 0 1995 National Notary Association * 8236 Rernrnet Ave , PO Box 7184 * Canoga Park, CA 91309 7184 Prod No 5907 Reorder Call Toll-Frc SANTA FE ROAD RE-ALIGNMENT POSSIBLE FUTURE INTERSECTION DEPARTMENT OF ENGINEERING FOR MORE INFORMATION - CONTACT CITY OF CARLSBAD Civil Design ( - 0 w December 17,1998 TO: FROM: BOBBIE HODER, SENIOR MANAGEMENT ANALYST LORRAINE WOOD, OFFICE OF CITY CLERK RE: DOCUMENT 98-0743941. NOTICE OF WAIVER CONCERNING PROXIMITY C EXISTING STREETS, CT 85-19, RECORDED The document referenced above was returned to our ofice recorded. It is a correctio to Document No. 98-01 70474. Both documents were recorded by someone outside 4 the City Clerk's office. Attachment No. 1 is a copy of these documents for your recon Let us know if your department has any additional information regarding this documer We will keep the original document in our files. Thank you, and if there are any questions, please contact me at x2808. Office of City Clerk Attachment C: Karen R. Kundtz Rich Rudolf 1- 3 -; -------- i -. ~ -,;>.-< &,-= i- = -_ -- ; >- .,:z z ‘= - -,+ -? 82: b=- = - -5 --= .-=E- ~ __ .. 1 1.: a f.: - *.= i RECORDING REQUESTED BY: RECORDING REQUESTED ~y 1306 CALIFORNIA TITLE Cg~pmy WHEN RECORDED, MAIL TO: City Clerk 1200 Carlsbad Village Drive Carlsbad, CA 92008-1989 ,, i City of Carlsbad (Space Above for Recorder’s U m6zl4J NOTICE AND WAIVER CONCERNING PROXIMITY OF EXISTING STREETS This Notice and Waiver Concerning Proximity of Existing Street (“Notice’? is made by Darby CreeMCarlsbad, LLC, a California limited liability company (“Owner’?, the developer of certain real property situated in the City of Carlsbad, County of San Diego, State 1 California (“Property”). 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 environmental impacts. Each purchaser of a Lot in the Property (“Purchaser”) acknowledges and accepts these existing anc of Carlsbad (“City”), its agents, servants or employees as to any damages or injuries resulting from said impacts. future impacts and forever waives any and all causes of action and covenants not to sue the Cii . B. The Owner is the developer and holder of title to the Property, more full described as Carlsbad Tract No. 85-19, according to a Map thereof No. 13525, recorded on December 22, 1997, as File No. 97-0651083, in the Office of the San Diego County Recorder (“Property’?. 5.1 8 19 8 Karen - 1s it possible thac chis iaay have gone to the Recorder without us knowing about it? I have no record of it in my log or in any of the transmittal -1- F:\CARLSBAD\SALES\STREETS.DO( 3/6/91 files. Sherrie. I* 5 a a ‘,.’ 1307 C. The Property is located adjacent to public streets known as Melrose Drii and Rancho Santa Fe Road (“Streets”) on which transportation vehicles such as automobiles, trucks and motorcycles travel. D. The Property is being developed in compliance with City and State nois criteria 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 Street including the typ of vehicles, trips and traffic nor the frequency of the trips. F. It is the desire of Owner to give to any potential Purchaser of the proximity of the Project to the Streets and the fact that Purchasers may be subject to impacts oJ said proposed Streets. NOW, THEREFORE, in light of the above recitals, Owner does for itself any o its successors and assigns give the following notice and make the following waiver. 1. Owner shall develop the Property in accordance with the Subdivision M for Carlsbad Tract 85-19 approved by the City, which approval includes the requirement of thc City that the development of the Property be consistent with the land use and noise element of the general plan of the City. 2. Owner has no responsibility or control over the operation of the Streets including, without limitation, the types or numbers of vehicles operating on the Streets. 3. The City is contemplating a future realignment of the Melrose Drive an( Rancho Santa Fe Road intersection which may result in these Streets being closer to the home5 Carlsbad Tract No. 85-19. See Exhibit A. 4. The vehicle operations on the Streets may create significant impacts affecting Purchasers, tenants and occupants of the Property and Purchasers, tenants and occupants of the Property reside there subject to sight and sound of vehicles operation. -2- F:\CARLSBAD\SALES\STREETS.DO 31619 a 130% .-, .. < 5. The Property shall be held, conveyed, hypothecated, encumbered, leasec rented, used, occupied and improved subject to this Notice. The Notice shall m with the Property and shall be binding upon all the parties have or acquiring any right, title or interest i, the Property. 6. 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 and covenants not to sue to City, its agents, servants or employees as tc any damages or injuries resulting from said impacts (SIGNATURES ON FOLLO WING PAGE) 1 -3- F.\CAF&SBAD\SALES\STREETS DO( 31619 -1 0 e - I’ 1309 (SIGNATURE PAGE TO NOTICE’ AND WAIVER CONCERNING PROXIMITY OF EXISTING STREET) “0 WER ” DARBY CREEWCARLSBAD, LLC, a California limited liability company By: Jenna Group, Inc., a California corporation It’s Member By: a.7 h2d && T. Newcordb, President STATE OF CALIFORNIA 1 COUNTY OF ORANGE ) ) ss. On March 26, 1998, before me, Lori Levine, a Notary Public in and for said St; personally appeared John T. Newcomb, personally known to me to be the person whose name subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. I“ -F ?4Qfb @A Lori Levine, Notary Public (SEAL) -4- - GOVERNMENT CODE 27361-7 \ a c t May 11,1008 TO: BOBBIE HODER, SENIOR MANAGEMENT ANALYST FROM: Karen Kundtz, Assistant City Clerk REQUEST FOR INFORMATION REGARDING RECORDED DOCUMENT NO. 1998-0170474 - (NOTICE AND WAIVER CONCERNING PROXIMITY OF EXISTING STREETS) FOR CT 85-19 Attached is a copy of a recorded Notice and Waiver (referenced above) which we received from the County Recorder. The document was not recorded by the Clerk's Office. It appears to have been prepared and recorded by the developer Darby CreeklCarlsbad, LLC, by Jenna Group, Inc., signed by the John T. Newcomb, President, and related to CT 85-1 9. Since we have no record of the document, I spoke to Rich Rudolf (and Gary who was in Rich's office) regarding the matter. Both Rich and Gary suggested that the document may have been prepared by the developer in order to comply with a condition of approval. They also suggested that a copy be sent to the Planning Department for review by the project planner. Please see that the project planner is given the attached copy to review, and let us know if your department has any additional information regarding this document. We will keep the original recorded document in our files. Thanks, and if there are any questions, please contact me at X291 7, or Sherrie at X5107. 6 REN KUNDTZ Assistant City Clerk Attachment