HomeMy WebLinkAboutCT 91-12; Bramalea California LLC; 1996-0322044; Notice of RestrictionRECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carisbad, CA 92008
899
JOC t 199~-~322~44 2&JlJt+-1996 01149 WI
OFFICML RECORDS SRN DIEGO COUNTY RECORDER’S OFFiCE . GREGORY “;Tili COUNTY RECERDEI~ RF: . FEES: 16.00
AF: 7.00 flF: 1.00
Space above this line for Recorder’s use
Parcel No. 219 - I?o- 42
lwl-QAn3~~ e-
NOTICE AND WAIVER CONCERNING PROXIMITY
OF THE PLANNED OR EXISTING
ALGA ROAD TRANSPORTATION CORRIDOR
CASENO: CT 71-12
This Notice Concerning Environmental impacts is made by Bramalea California, LLC J a(n) limited liability co; , 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 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:
C. The property is located adjacent to the Alga Road 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 $1
rev. 3/27/95
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c . FORM: NOlSt r : 2 of 3
D. The property has been developed in compliance with City and State Noise goo . criteria which may include mitigation in the form of setbacks, earthen berms, masonry
walls and/or stnrcture 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:
Tract/& (CT 91-12)
Owner has and shall develop the property in accordance with a Subdivision
approved by the City of Carisbad, 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 $1
rev. 3/27/95
- - i 8 _
1 FORM: NOISE 1: 3 c r
Executed this ?%h
301 * day of ,1946 -. .
*OWNER:
Bramalea California, LLC, a
California limited liability company
By: Bramalea Caliiomia, Inc., Manager
‘Emile X. Haddad
(print name here)
Senior Vice President Bramalea California, Inc.
(sign here)
Michael F. Wintemute
(print name here)
Secretary Bramalea California, Inc.
(title and organization of signatory)
(Proper notarial acknowledgment of execution by *OWNER must be attached.)
(President or vice-president and secretary or assistant secretary must sign for
corporations, If only one officer signs, the corporation must attach a resolution certified
by the secretary or assistant secretary under corporate seal empowering that officer to
bind the corporation.)
Approved as to form:
RONALD R. BALL
City Attorney
BY
NOISE FORM i5tl
rev. 3/27/%
.
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I
CAilFbRNlA ALL-PURPdSE ACKNOWLEDGMENT
State of
County of Q JdlmL
On yhl& 30, ISSC, before me,% eresh L .%)&DvI. NO+WU B.&I l’c ,
Date ’ Name and Title of Dffiier (e.g., “J&w Doe. Notary P blic”)
personally appeared E ride K. &&A 4- M r’dw I F bd&evuute, ,
d Name(s) of Signer(s)
ersonally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) iseubscribed to the within instrument
and acknowledged to me that he/she@executed the
same in hislher@$%.rthorized capacity(ies), and that by
his/heeignature(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. i
AL L A- &.iL
Signature of Notary Public
OPT/O/VA L
Though the information below is not required by law, it may prove valuable to persons relyihg on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: o&e 4WaI’veK &m&l~~
Document Date: 5 ..&Ffoq3m-~+io~ bm &It- ’ ’
)c’I V & CJ Savlv\~
4&J Number of Pages: 3 I i L 1 Signer(s) Other Than Named Above: IVons-
Capacity(ies) Claimed by Signer(s)
Signer’s Name:
Cl Individual
0 Corporate Officer
Title(s):
0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:
TOD of thumb here
Signer’s Name:
0 Individual
Cl Corporate Officer
Tftle(s):
q Partner - 0 Limited q General
Cl Attorney-in-Fact
q Trustee
Cl Guardian or Conservator
Cl Other:
Signer Is Representing:
Top of thumb here
0 1994 National Notaly Association l 6236 Remmet Ave., P.O. Box 7164 l Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-600-676-6627