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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 . L - 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