HomeMy WebLinkAboutCT 91-07; Baker & Farajzadeh Partnership; 1998-0806509; Notice of RestrictionDOC 4. 1998-0806509
1395 DEC 11s 1998 1~1.2 PM
m: 16.00
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: )
City Clerk 1 ) 1111111111l~lll~~ll~l~~~ll 1998-0806609
CITY OF CARLSBAD 1
1 1200 Carlsbad Village Drive
Carlsbad, California 92008-1989 .), , ::. ' .,' . ,,
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SpBce akve this lihe for Recorder's use ,,,",. -
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' Parcel No. 206-020-05
The undersigned Owner,is the Devel@& a&m,Holder of:thb,Ti€Ic to Certain Real Property in
the City of Carlsbad, Couiity of SmDiego, California, more fully described as:
Lot 8 Block S of Palisades 2, City of Carlsbad, according to Map 1803. filed on August 25, 1924
The following NOTICES are contained in this document:
NOTICE CONCERNING RAILROAD ENVIRONMENTAL IMPACTS
I. NOTICE CONCEIWNG RAILROAD ENVIRONMENTAL IMPACTS
RECITALS
A. The purpose,of thi$notice is to disclose to the ftflle& extent possible present and
future potential impacts of noise generated by all millllrer oftrains which will generate noise and
other environmental impacts.
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B. The property is located'adjai&t to the.NOah County Transit District Railway,
City of Carlsbad, San Diego County though Which are conducted certain railway operations on
and about said railway.
C. Owner has no control over the operations of the Railroad, including the types of
equipment nor the frequency of the trains.
D. It is the desire of Owner to give notice to any potential purchaser of the real
property of the Railroad operation and the fact that purchasers may be subject to vibration, s'ight
and sound of trains operating on the Railroad.
MULTINOISE.FRM 1
NOW THEREFORE, in light of the above Recitals, as developer and owner of
the property, does, for itself, and its successors and assigns, give the following notice:
1. Owner has and shall develop the property in accordance with Specific Plan 201
approved by the City of Carlsbad, which approval includes the requirement of the Ci@ of
Carlsbad, that the development of the property is consistent with the Land Use Element and
Noise Element of the General Plan of the City of Carlsbad.
2. That Owner has no responsibility or control over the operation of the Railroad,
including without limitation, the types or number of trains, timing of, or frequency of trains.
3. That the train operations of rhe Rabad'may create significant environmental
impacts affecting the purchasers, tenants and occupants of the property and that purchasers,
tenants and occupants of the property reside there subject to such vibration, sight and sound.
4. The property shall be held, conveyed, hypothecated;encumbered, leased, rented,
used, occupied and improved'subject to this Declaration and 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 trains 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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MULTINOISE.FRM 2 Rev. 03/;!7/95
1397
*OWNER
(Name of owner) ,.,,,.......... ..
. .- .... .,
i3 HkkrrnDi5 t(
GWaAL PAW&
(print name here)
(title and organizational of signatory)
(sign here)
(print name here)
&d&&L PMrdaL (title and organization of signatory)
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(Proper notarial acknowledgment.of executiotl by Contrector mdtbe atteed.)
(President or vice president secretary or assistant seoretary 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).
(If signed by an individuai partner, file partne&&~,musi attacn a statement of
partnership authorizing the partner 1'6 execute )his instrument).
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APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
Bv:
Assistant City Attor@
MULTINOISE.FRM 3 Rev. 03/2:7/95
1393
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
Notary Public, personally appeared E!&!&G?% F ArWz.~&4i Rdb , [ ] personally
known to me - or [hd to me o~th~sis~a~acto~~~~e~e to be the person(s) whose
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name(s) pare subscribed to the within instnrment and &knowledged to me that lm'd-dthey
executed the same in kisCker/their authorized capacity(ies), and that by h&kr/their signature(s)
on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
WITNESS my haqd and official seal.
MULTINOISE.FRM 4 Rev. 0312:7/95