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HomeMy WebLinkAboutCT 92-08; Carlsbad Partners Ltd; 1996-0259560; Notice of Restrictionso4 RECORDING REQUESTED BY AND ) WHEN RECORDED RETURN TO ) City Clerk City of Carlsbad ; 1200 Carlsbad Village Drive ) Carlsbad, CA 92008 ) 1 OFFICIAL RECORDS !&I DIEGO COUHTY RECORDER’S OFFICE GREGORY Sl;T;; ~~~~~~~~ECOR5ER. RF: f ; i.00 : 16.00 1.50 Space above this line for Recorder’s use I ,‘ >! Parcel No. 216-122-24, 36, 37; 255-011-08, 09, IO, 11, 12; 255-021-05, 06, 07, 08. NOTICE AND WAIVER CONCERNING PROXIMITY OF THE PLANNED OR EXISTING EL CAMINO REAL AND LA COSTA AVENUE TRANSPORTATION CORRIDOR(S) CASE NO: CT 92-08 - GREEN VALLEY TRACT MAP This Notice Concerning Environmental Impacts is made by Carlsbad Partners, hereinafter referred to as the “Owner”, is developer LTD. , a(n) Limited Partnership 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 El Camino Real & La Costa Avenue 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 #I rev. 3/27/95 rc-- ’ t v FORM: NO&: 2 of 3 5 0 5 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. 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: 1. Owner has and shall develop the property in accordance with a Subdivision Tract/Parcel Map (CT/PM - 92-08) 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 #I rev. 3/27/95 ‘, . I-. - . 7 FORM: NOISE 1: 3 _, 3 ’ ‘I 506 Executed this 25th day of April , 19 96 . *OWNER: Carlsbad Partners, LTD. (name of *Owner) By: (sign here) Allen D. Farris (print name here) (sign here) (print name here) (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 NOISE FORM #l rev. 3/27195 . c r . \ c -. ALL-PURPOSE ACKNOWLEDGMENT 507 STATE OF Texas COUNTY OF Dallas On 23 \=f&, before me, XQ G i\m~.fc c&b j ’ Notary Public, personally appeared Allen D. Farris , &] personally known to me - or [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorizd capacity(ies), and that by his/her/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 hand and official seal. cab \ ‘> ;P ._,. JO GILMORE COBB Notary Public, State of Texas . ; NOISE FORM #l rev. 3/27/R