HomeMy WebLinkAboutCT 93-01; Continental Ranch Inc; 1998-0803505; Notice of RestrictionRECORDING REQUESTED BY lAWb d TITLE -* .
‘I”hh Inatrum:nt fikd for record by Continental Law;r:rq Tiue re PR actomodatio’n only. It has not been cxa;nined as to iI.3 cxccution or as to its effect upon the title.
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> City Clerk > CITY OF CARLSBAD > 1200 Carlsbad Village Drive > Carlsbad, California 92008- 1989 )
DOC M 1998-0803505
l593 DEC 10s 1998 3:21 PM
IIFFICUY REalRDs ~~~~~~
F&s: ’ 11.00
ll~lllll AAll~ll~l~llrlllY 1999-0903505
Space above this line for Recorder’s use
Parcel No. 215-031-05.06.222-01 l-05.06
221-012-12
NOTICE AND WAIVER CONCERNING PROXIMITY
OF THE PLANNED OR EXISTING
MELROSE DRIVE TRANSPORTATION CORRIDOR
CASE NO: CT 93-01
This Notice Concerning Environmental Impacts is made by (name of legal
owner)Continental Ranch, Inc., a Delaware Corporation, 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:
Ranch0 Carrillo Village “I” - A portion of Section 24, Township 12
South, Range 4 West, San Bernardino meridian and a portion of Sections
18 & 19, Township 12 South, Range 3 West, San Bernardino meridian,
all in the City of Carlsbad, County of San Diego, State of California.
C. The property is located adjacent to the Melrose Drive 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 #l f. .! : Rev. 03127195
+360
1593
FORM: NOISE 1: 2 OF 3
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
assigns, give the following notice and makes the following waiver:
its successors and
1. Owner has and shall develop the property in accordance with a Subdiv rision Tract/Parcel
Map (CT - 93-01) 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 #l Rev. 03127195
FORM: NOISE 1: 3 OF 3
Executed this dqw day of ,19 98 .
*OWNER:
cowbe,?4L/ /pLicLc-R-, 2i-A l
(Name of Owner)
By:
(sign here)
dW/b A LQr#&Ete
(print name here)
P/&45 PZGS *
(title and organization of signatory)
By:
(sign here)
(print name here)
(title and organization of signatory)
(Proper notarial acknowledgment of execution by Contractor 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).
(if signed by an individual partner, the partnership must attach a statement of partnership
authorizing the partner to execute this instrument).
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
By: x& ,kCJ
Assistant City Attorn
Noise Form #l Rev. 03127195
, $601
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
-Notary
Public, personally appeared _ sonally known to me -
whose name @d i e
executed the same in
n the instrument the
WITNESS my hand and official seal.
Noise Form #l Rev. 03127195