HomeMy WebLinkAboutCT 93-01; Shea Homes LP; 1999-0565235; Notice of Restriction3617
ROC 7' 1999-0565235
FIUG 16s 1999 11~38 FIM
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: )
) City Clerk )
CITY OF CARLSBAD 1
1200 Carlsbad Village Drive )
Carlsbad, California-92008-1989 )
'Spaee'above this line for Recorder's use
.. hree! No. 222-610-20 & 21
, ., , 222-612-01 thru 25
Project F&&sr and N&e CT 93-01 - Rancho Carrillo Village J
The undersigned Owner is the Developer andor Holder of the Title to Certain Real l'ropaty in the City
of Carlsbad, County of San Diego, California, more fully described as:
Lots 39 through 65 of Carlsbad Tract No. 93-01, in the City of Carlsbad, County of San Diego, State of
California, according to map thereof No. 13552, filed in the Office of the County Recorder of San Diego
County, March 31, 1998, as File No. 1998-0177220 of official records.
The following NOTICES are contained in this document:
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NOTICE CONCERNLNG PROXIMITY OF THE EXISTING MELRmE DRIVE AND
POINSETTIA LANE TRANSPORTATION COWORS
NOTICE CONCERNING AIRCRAFT ENVIRONI\IIEN'FAL WPACTS
I. NOTICE CONCERNING PROXIMITY OF THE EXISTING MELROSE DRIVE AND
POINSETTIA LANE TRANSPORTATION COkRID0R.S
BmxA"
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.
B. The property is located adjacent to the Melrose Drive and Poinsettia Lane Transportation
Corridors mereafter described as corridors) on which transportation vehicles such as automobiles, trucks,
motorcycles andior vehicles for rail and transit are proposed to travel.
trips and traffic, nor the frequency of the trips. C. Owner has no control over the operations of the corridors including the types of vehicles,
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D. It is the desire of Owner to give notice to any potential purchaser of the real property of
its proximity to the corridors and the fact that purchasers may be subject to the impacts of said proposed
transportation corridors.
NOW THEREFORE, in light of the above Recitals, owner does, for itself, and its
successors and assigns, give the following notice:
1. Owner has and shall develop the property in accordance with Carlsbad Tract 93-01
approved by the City of Carlsbad, which approval includes the requirement of the City of Carlsbad, that
the development of the property be 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 corridors, including
without limitation, the types or number of vehicles operating on the corridors.
3. That the vehicle operations on the corridors may create significant impacts affecting the
property reside there subject to sight and sound of vehicle operation.
purchasers, tenants and occupants of the property and that purchasers, tenants and occupants of the
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 mcluding 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 against the City of Carlsbad,
and covenants not to sue the City of Carlsbad, its agents, servants or employees as to any damages or
injuries resulting from said impacts.
11. NOTICE CONCERNING AIRCRAFI ENVIRONMENTAL "ACTS
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 aircraft including public and private aircraft which
vi11 generate nnise and other environmental impacts.
B. The property is located approximately 1.5 miles from the McClellan-Palomar Airport,
City of Carlsbad, San Diego County (the "Airport"), operated by the County of San Diego, through
vicinity of the Airport.
which are conducted certain aircraft operations on and about said Airport and over real property in the
C. Owner has no control over the operations of the Airport, including the types to aircraft,
flight, the flight patterns of the aircraft, nor the frequency of the flights.
D. It is the desire of Owner to give notice to any potential purchaser of the real property of
the air flight operation and the fact that purchasers may be subject to overflight, sight and sound of
aircraft operating from the Airport.
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:
MULTMOISE.FRM 2 Rev. 02/02/99
1. Owner has and shall develop the property in accordance with Carlsbad Tract 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 Element and Noise Element of the
General Plan of the City of Carlsbad.
2. That Owner has no responsibility of control over the operation of the Airport, including
without limitation, the types or number of flight operations, types of aircraft (including jet aircraft),
timing of flight operation, or frequency of flights.
3. 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.
4. The purpose of this Notice is to dische to $e fullest extent possible present and future
potentia! impacts of noise genetated by all manner of airweft ineludingpdbk and private aircraft which
will generate noise and other environmental impact. Purchaser achowledges and accepts these existing
not to sue the City of Carlsbad, its agents, servants or employees as to any damages or injuries resulting
and future impacts and waives any and all causes of action against the -City of Carlsbad, and covenants
from said impacts.
and sound; and E) Notice of aircraft, sight and sound; are made this &day of i&?iLSf , 1999.
IN WITNESS WHEREOF, these Declaations of, I) Notice of corridors traffic, sight
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*%=%rues Limited Partnershi a California limited partnersfkp
(si& here)
Dale Holbrook
(print name here)
Assistant Secretary
(title and organizational of signatory) ,
Cynthia Roush
(print name here)
Assistant Secretarv
(title and organization of signatory)
(Proper notarial acknowledgment of execution by Contractor must be attached.)
(Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant
treasurer must sign for corporations. Othenvise, the corporation must attach a resolution
certified by the secretary or assistant secretary under corporate seal empowering the officer(s)
signing 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 Attornex
Bv:
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STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On August IO, 1999, before me, Rhonda M. Angel,
Notary Public, personally appeared Cynthia Roush and Dale Holbrook , [ ] personally
known to me - or [ ] ~x&~xRIcx~~K~~~~s to be the person(s) whose
name(s) iadare subscribed to the within instrument and acknowledged to me that k/she/they
executed the same in hieikdtheir authorized capacity(ies), and that by&idxx/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.
*L&%.W
(Signature of Notary)
MULTINOISE.FRM 5 Rev. 02/02/99