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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 --. \ 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 $1 rev. 3/27/95 - - i 8 _ 1 FORM: NOISE 1: 3 c r Executed this ?%h 301 * day of ,1946 -. . *OWNER: Bramalea California, LLC, a California limited liability company By: Bramalea Caliiomia, Inc., Manager ‘Emile X. Haddad (print name here) Senior Vice President Bramalea California, Inc. (sign here) Michael F. Wintemute (print name here) Secretary Bramalea California, Inc. (title and organization of signatory) (Proper notarial acknowledgment of execution by *OWNER must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations, If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) Approved as to form: RONALD R. BALL City Attorney BY NOISE FORM i5tl rev. 3/27/% . - - I CAilFbRNlA ALL-PURPdSE ACKNOWLEDGMENT State of County of Q JdlmL On yhl& 30, ISSC, before me,% eresh L .%)&DvI. NO+WU B.&I l’c , Date ’ Name and Title of Dffiier (e.g., “J&w Doe. Notary P blic”) personally appeared E ride K. &&A 4- M r’dw I F bd&evuute, , d Name(s) of Signer(s) ersonally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) iseubscribed to the within instrument and acknowledged to me that he/she@executed the same in hislher@$%.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