HomeMy WebLinkAboutCT 91-03; George Wimpey Inc; 1993-0821731; Notice of Restriction1 .
RECORDING REQUESTED BY AND 1
WHEN RECORDED RETURN TO 1
1
c1ry CLEPK
City of Carlsbad ;
1200 Carlsbad Village Drive 1
Carlsbad, California 92008 1
98 4 GA” It P?3-0821731 &%EC-1993 1054 fifl
OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER’S OFFICE ANNETTE EUANS 9 COL!NTY RECORDER RF: 6.00 FEES: 14. on
;;; 7.00 1.00
NOTICE CONCERNING PROXIMITY
OF THE PLANNED OR EXISTING
EL CAMINO REAL TRANSPORTATION CORRIDOR(S)
CASE NO. CT 91-3
This Notice Concerning Environmental Impacts is made by GEORGE WIMPEY, INC.,
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:
See Attached Exhibit “A”
C. The property is located adjacent to the El Camino Real Transportation Corridor
(hereinafter described as “the Corridor”) on which transportation vehicles such as
automobiles, trucks, motorcycles and vehicles for 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/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.
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985 --
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/Parcel Map (CT 91-3) 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.
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986
IN WITNESS WHEREOF, this Declaration of Notice of corridor traffic, sight and sound
is made this 22nd day of November, 1993
GEORGE WIMPEY INC,
By: h&&j’ ;v.p.
State of cJ/!Qlq or n\C,
county ofS0 0 P! e 4 0 >,
On-, before me,n l%h\r\e I &-cher
NAME, TITLE OF OFFICER - E.G., “JANE DOE, NOTARY k’USLlC
p rsonally appeared
personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the personas) whose name(s) is/a+e
subscribed to the within instrument and ac-
knowledged to me that he/she/t&y executed
the same in his/he&heir authorized
capacity(M$, and that by his/h&t-heir
signature(+ on the instrument the person(s),
or the entity upon behalf of which the
person@ acted, executed the instrument.
SIGNATURE OF NOTARY
- OPTIONAL SECTION -
CAPACITYCLAIMED BY SIGNER
Though statute does not require the Notary to
fill in the data below, doing so may prove
invaluable to persons relying on the dowment.
0 INDIVIDUAL
0 PARTNER(S) 0 LIMITED
0 GENERAL
0 A-ITORNEY-IN-FACT
q TRUSTEE(S)
0 GUARDIAN/CONSERVATOR
q OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
r de0rSe C ),&x&X- I ‘,
THIS CERTIFICATE MUST BE ATTACHED TO P&wa-~~‘v o’r KJ&Ce Cl Tf TK
THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES 2-L DATE OF DOCUMENT
Though the data requested here is not required by law,
it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION l 8236 Remmet Ave., P.O. Box 7184 * Canoga Park, CA 91309-711
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EXHIBIT "A"
DESCRIPTION 987
That portion of Lot "F" Of RANCH0 AGUA HEDIONDA, partly within 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 said San Diego
County, November 16, 1896, described as follows:
COMMENCING at Point 1 of said Lot "F" as shown on said Map, said Point 1,
being South 74' 13' 29" East 366.11 feet from centerline Station 414 plus
24.79 of Road Survey 1800-l as described in that certain deed to the County of
San Diego, filed in the Office of the County Recorder of said San Diego
County, January 14, 1970 as File No. 7225 of Official Records; thence along
the boundary line of said Lot "F" South 25 " 00' 29" East 229.43 feet, (Record
South 25" 33' 56" East 229.00 feet per Deed), to Point 23 of said Lot, 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 75 of Official :=-cords, in the Office of the County Recorder of San Diego County; thence South 11" 48' 43" West 14.39 feet, (Record South 11' 55' 07" West, 14.42 feet
.per Deed), aiong the Westerly boundary of said Carpenter land to the
Southwesterly line of El Camino Real, as shown as said Road Survey No. 1800-l;
thence continuing along said Westerly boundary of said Carpenter land South 11' 39' 13" West 300.69, (Record South 11' 55' 07" West 301.18 feet per Deed);
thence South 42" 29' 10" West 373.91 feet, (Record South 42' 59' 32" West
374.50 feet per Deed), to the TRUE POINT OF BEGINNING; thence continuing along said boundary South 42" 38' 34" West 937.98 feet, (Record South 42' 24' 42"
West 938.72 feet per Deed), to the beginning of a tangent 600.00 foot radius
curve concave Southeasterly; thence Southwesterly along said curve through a
central angle of 26" 00' 25" a distance of 272.35 feet, (Record 269.80 feet
per Deed); thence tangent to said curve South 16" 38' 09" West 386.23 feet, (Record South 16" 38' 52" West 386.15 feet per Deed), to the most Westerly
corner of land conveyed to James A. Dye, et ux, by Deed filed in the Office of
the County Recorder of said San Diego County, December 31, 1969 as File No.
236219 of Official Records; thence South 89' 59' 34" West 1,548.97 feet to a
point on the boundary line of said Lot "F" between Points 4 and 5 of said Lot;
thence along said line North 00" 11' 52" East, (Record North 00" 12' 00" East
per Deed), 2122.00 feet to said Point 4 of Lot "F"; thence North 82" 01' 27"
West, (Record North 81" 59' 35" West per Deed), 240.34 feet to a point on a
line drawn parallel with and distant 100.00 feet measured at right angles from
the common boundary line between Lots “F” and "1"; thence along said parallel line North 01" 55' 36" West 450.06, (Record North 01" 38' 25" West 445.00 feet
per Deed); thence leaving said parallel line North 55" 56' 14" West 123.59 feet, (Record South 55" 33' 25" East per Deed), to the Northeasterly corner of
land described in deed to Marvin H. Sippel, et ux, filed in the Office of the County Recorder of said San Diego County November 13, 1962 as File No. 193941
of Official Records; thence along said common line between Lots I and F North 01" 55' 56" West, (Record South 01" 54' 38" West per Deed), 670.29 feet to a
point in the Southwesterly boundary of El Camino Real, as shown on said Road
Survey No. 1800-1, said point also being a point on the arc of a non-tangent
6945.00 foot radius curve concave Northeasterly, a radial line to said curve bears South 23' 39' 21" West; thence Southeasterly along said Southwesterly
and the arc of said curve through a central angle of 00" 15' 21" a distance of
31.02 feet; thence South 23" 24' 00" West 18.00 feet; thence South 66" 36' 00"
East 150.00 feet; thence North 23" 24' 00" East 18.00 feet; thence South 66"
36' 00" East 1428.64 feet to the beginning of a tangent 14'955.00 foot radius
curve concave Southwesterly; thence along said curve through a central angle
of 02" 39' 31" a distance of 693.95 feet; thence leaving said Southwesterly
line South 28" 48' 15" West 178.56 feet, (Record South 28" 53' 52" West 178.31
feet per Deed); thence South 17' 30' 06' East 278.47 feet, (Record South 17" 24' 23" East 278.57 feet per Deed); thence South 29' 38' 12" East 399.10 feet,
(Record South 29" 42' 33" East 399.26 feet per Deed); thence South 54" 46' 09"
East 606.05 feet, (Record South 54" 36' 44" East 601.95 feet per Deed), to the
most Westerly corner of said Carpenter land said point also being the TRUE
POINT OF BEGINNING.