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HomeMy WebLinkAboutCT 89-19; Davidson Companies Partnership; 1996-0490542; Notice of Restriction17c # 1996-~490542 27-SEP-1996 10:32 All 1065 OFFICIAL RECORDS SAH DIE&l COOHTY RECORDER’S OFFICE S”;T;i CDUH;;$ECORDER 9:oo : 19.00 1.00 RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 9200% 1989 Space above this line for Recorder’s use 17B- 17, a\, 21 ti 03,cq H9 NOTICE AND WAIVER CONCERNING PROXIMITY OF THE PLANNED OR EXISTING INTERSTATE 5 TRANSPORTATION CORRIDOR(S) CASE NO: 89-07 (Al ODMARK ti THELAN and the This Notice Concerning Environmental Impacts is made by (name of ZegaZ owner) DAVIDSON COMPANIES PARTNERSHIP a(n) (individual, corporation, etc.) a California _general partnership 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 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: LOTS 1 THRU 81 INCLUSIVE, OF CARLSBAD TRACT 89-19, ACCORDING To MAP 12902 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY DECEMBER 11, 1991. C. The property is located adjacent to the INTERSTATE 5 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. Noise Form #l CT&&0_3/225 / \ SD~ 89-30 ) 3066 FORM: NOISE 1: 2 OF 3 D. The property has been developed in compliance with City and State Noise 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 corridor including the types of vehicles, trips and traf?ic, 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/Parcel Map (CT/HZ -,89-l‘gapproved 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 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 #l Rev. 03/27/95 - -, , IO67 FORM: NOISE 1: 3 OF 3 Executed this &!&n day of e, 19 % . I *OWNER: (SEE A'lTACHED) (Name of Owner) Bv: (sign here) (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.) (President or vice president AND secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation) APPROVED AS TO FORM: RONALD R. BALL, City Attorney t By: Noise Form #I Rev. 03127195 1068 ATTACHMENT TO NOISE FORM # 1 OWNER: ODMARK & THELAN and THE DAVIDSON COMPANIES PARTNERSHIP, a California general partnership By: Davidson Coscan Partners, a California general partnership, General Partner By: Brookfield Housing, a California corporation, General Partner By: Richard T. Whitney H President. Brookfield Housing Secretarv. Brookfield Housing Noise Form #l , STATE OF CALIFORNIA 1069 COUNTY OF SAN DIEGO On Zkpk+-+e 20,\q56 before me, L-U\,, kk%~b~~ v Notary Public, personally appeared 3 \&ck7. &&VW, + fcl%b!-& sp% [ro1 personally 3 . . . known to me * to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that h&he/they executed the same in &s&e&heir author&d capacity(ies), and that by h&he&heir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. and offkial seal. Noise Form #I Rev. 03/27/95