HomeMy WebLinkAboutCT 90-15; Greystone Homes Inc; 1996-0395407; Notice of Restriction. t
1677
RECORDING REQUESTED BY AND )
WHEN RECORDED RETURN TO )
City Clerk ) City of Carlsbad
1200 Carlsbad Village Drive i Carlsbad, CA 92008
I ix #I 1996-0395407 05-AUG-1994 03147 PM
OFFICICK RECORDS ShN DIEGD COUHTY RECORDER’S OFFICE GREGORY “;Ti; COUWE;ECORDER RF: . : 15.00 . . . AFt 7.00
IlF: 1.00
Space above this line for ,Recorder’s use
Parcel No. 215642-22,215-642-23,215642-24.215-642-25
NOTICE AND WAIVER CONCERNING PROXIMITY
OF THE PLANNED OR EXISTING
Poinsetta Lane TRANSPORTATION CORRIDOR(S)
CASE NO: CT 90-IS/SDP 94-05
This Notice Concerning Environmental Impacts is made by Grevstone
Homes, Inc. , a(n) Corporation , hereinafter referred to as
(name of legal owner) (individual, corporation, etc.)
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 resuiting 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:
C. The property is located adjacent to the Poinsetta Lane 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 #I
rev. 3127195
.
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1678 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 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/Parcel Map (CT/PM - 90-15 ) 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 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 #I
rev. 3127195
-*
1679
FORM: NOISE 1: 3 of 3
Executed this 5-h dayof w , 1976 .
*OWNER:
Greystone Homes, Inc.
Todd Palmaer
(print name here)
Division President
David A. PhilliDs
(print name here)
vi P-t
(title and organization of signatory)
(Proper notarial acknowledgment of execution by *OWNER 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
NOISE FORM #I
rev. 3/27/95
Y--
1680
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
%;d mid<
COUNTY OF w
On VYI&& 5 19% before me, K%& b- -tzy
personally appeared T& PA-e; w DaflA A, iT\ I$??
Notary Public,
I [~rsonally
known to me - or [ ] proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is&&subscribed to the within instrument and acknowledged
to me that he/she&&&xecuted the same in his/her/their authorized capacity(ies), and
that by his/he Ida rgnature(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.
&&
NOISE FORM #I
rev. 3127195