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Home My WebLink AboutCT 91-02; Camino Group, The; 1994-0570502; Notice of Restriction. RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 1466 1;!],Oci - qp;; -> ‘? RF: : T ; i-.; i _iL !>F : ji.rj? 3: !.?O 1 d NOTICE .r” NOTICE CONCERNING PROXIMITY \ OF THE PLANNED OR EXISTING EL CAMINO REAL TRANSPORTATION CORRIDOR(S) CASE NO: CT ,91-2 This Notice Concerning Environmental Impacts is made by THE CAM1No GROUP 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 wiil 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: SEE ATTACHED EXHIBIT "A" C. The property is located adjacent to the EL CAM1No REAL 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. 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,ior structure upgrades. NOISE FORM #I !. ‘. . ’ 4. 1767 -. 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: 1. Owner has and shall develop the property in accordance with a Subdivision Tract/&d* (CT/f%l - 91-2 ) 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 #l . ‘d . . *- FORM: NOISE 1: 3 c - 1468 IN WITNESS WHEREOF, this Declaration of Notice of corridor traffic, sight and sound is made this f 5 day of Sea -6 ’ 1?9ci STATE OF CALIFORNIA, COUNTY OF ss. personally appeared on the basis of satisfa instrument as ic in and for said- County and State, and personally known to me (or proved to me ho executed the within President and Secretary, on the corporation herein ed the within instrument CORPORATION ACKNOWLEDGEMENT: PARTNERYHIP ACKNOWLEDGEMENT: lNDlVlDU:l ACKNOWLEDGEMENT: WITNESS my hand and official seal. Notary Public in and for said County and State NOISE FORM #I ‘. * . ,_ CALlFOFiNlA ALLPURPOSE ACKNOWLEDGMENT 1469 No. 5907 State of C;e3rCI meti\ t4 County of SJBcE3 oI65C;;O On m Is. 1994 beforeme, f!!sT/h)E s.#a - DATE I , NAME, TITLE OF OFFICER - E.G., “JANE DOE, NOTARY PUBLIC personally appeared tt)f LC( pc\/\n . NAME(S) OF SIGNER(S) q personally known to me - OR - 6&pfoved to me on the basis of satisfactory evidence to be the person(?r$+hose name subscribed to the within or the entity upon behalf of which the person&--acted, executed the instrument. WITNESS my hand and official seal. CHP’SWE S. HALL SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 0 INDIVIDUAL 0 CORPORATE OFFICER TITLE(S) &RTNER(S) 0 LIMITED %&GENERAL \ I - u ATTORNEY-IN-FACT NUMBER OF PAGES q TRUSTEE(S) 0 GUARDIAN/CONSERVATOR 0 OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: Y NAME OF PERSON(S) OR ENTITY(IES) tc, SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 l Canoga Park, CA 9130%7184 C . DESCRIPTION P-n EXHIBIT “A” PARCEL 1: THAT PORTION OF LOT F OF RANCH0 AGUA HEDIONDA, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: COMMENCING AT POINT 23 ON THE BOUNDARY OF LOT F, AS SHOWN ON SAID MAP BEING THE NORTHERLY CORNER OF LANDS GRANTED BY CHARLES KELLY AND WIFE TO ELMER U. CARPENTER BY DEED RECORDED JUNE 1, 1937, IN BOOK 662, PAGE 755 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE SOUTH 11" 55' 07" WEST 14.42 FEET ALONG THE NORTHWESTERLY BOUNDARY OF SAID CARPENTER LANDS TO THE SOUTHWESTERLY LINE OF EL CAMINO REAL, AS SHOWN ON ROAD SURVEY 1800-1, AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED JANUARY 14, 1970, A9 DOCUMENT NO. 7225 OF OFFICIAL RECORDS OF SAID COUNTY, BEING A POINT ON A CURVE IN SAID SOUTHWESTERLY LINE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 3455.00 FEET, A RADIAL LINE FROM SAID POINT BEARS SOUTH 3S" 35' 22" WEST, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 9O 02' 31", A DISTANCE OF 545.24 FEET TO A TANGENT LINE IN SAID SOUTHWE STERLY LINE OF EL CAMINO REAL; THENCE NORTH 63O 27' 09" WEST 472.26 FEET TO THE BEGINNING OF A TANGENT CURVE IN SAID SOUTHWESTERLY LINE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 14,955.OO FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF Oa 29' 19", A DISTANCE OF 127.53 FEET TO STATION 420 PLUS 25 AS SHOWN ON SAID ROAD SURVEY 1800-l; THENCE LEAVING SAID SOUTHWESTERLY LINE SOUTH 28O 53' 52" WEST 178.31 FEET; THENCE SOUTH 56O 13' 05" EAST 1236.00 FEET TO AN ANGLE POINT IN THE NORTHWESTERLY LINE OF SAID CARPENTER LANDS; THENCE NORTH ll" 55' 07" EAST 301.18 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 2: THAT PORTION OF LOT F OF RANCH0 AGUA HEDIONDA IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: COMMENCING AT POINT 23 ON THE BOUNDARY OF LOT F, AS SHOWN ON SAID MAP, BEING THE NORTHERLY CORNER OF LANDS GRANTED BY CHARLES KELLY AND WIFE TO ELMER U. CARPENTER BY DEED RECORDED JUNE 1, 1937 IN BOOK 662, PAGE 755 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE SOUTH ll" 55' 07" WEST 14.42 FEET ALONG THE NORTHWESTERLY BOUNDARY OF SAID CARPENTER LANDS TO THE SOUTHWESTERLY LINE OF EL-CAMINO REAL, AS SHOWN ON ROAD SURVEY 1800-1, AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED JANUAR Y 14, 1970 AS DOCUMENT NO. 7225 OF OFFICIAL RECORDS OF SAID COUNTY, BEING A POINT ON A CURVE IN SAID SOUTHWESTERLY LINE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 3455.00, A RADIAL LINE FROM SAID POINT BEARS SOUTH 350 35' 22" WEST, THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF go 02' 31", A DISTANCE OF 545.24 FEET TO A TANGENT LINE IN SAID SOUTHWESTERLY LINE OF EL CAMINO REAL; THENCE NORTH 63O 27' 09" WEST 472.26 FEET TO THE BEGINNING OF A TANGENT CURVE IN SAID SOUTHWESTERLY LINE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 14,955.OO FET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A .T . .‘; l . .I * . DESCRIPTION 1411 EXHIBIT “A” CENTRAL ANGLE OF O" 29' 19", A DISTANCE OF 127.53 FEET TO STATION 420 PLUS 25 AS SHOWN ON SAID ROAD SURVEY 1800-l; THENCE LEAVING SAID SOUTHWESTERLY LINE SOUTH 28O 53' 52" WEST 178.31 FEET, BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 17O 24' 23" EAST 278.57 FEET; THENCE SOUTH 29O 42' 33" EAST 399.26 FEET; THENCE SOUTH 54O 36' 44" EAST 601.95 FEET MORE OR LESS TO THE MOST WESTERLY CORNER OF SAID LAND TO CARPENTER; THENCE NORTH 42O 59' 32" EAST 374.50 FEET TO A ANGLE POINT IN SAID LAND TO CARPENTER; THENCE NORTH 56O 13" 05" WEST 1236.00 FEET TO THE TRUE POINT OF BEGINNING.