HomeMy WebLinkAboutCT 93-04; Continental Ranch Inc; 1998-0803514; Notice of Restriction‘” :..:.: “:;tr..3r:,p.t f !‘-d . fcr record by Contine?! :‘!yT? Ti::,- -- “:I !,?.c‘ -d~tion only. It liss not &en cxi;-.& & :D
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RECGRD~GR~QUESTEDBYIAWYERS TITLE
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: >
City Clerk ; CITY OF CARLSBAD > 1200 Carlsbad Village Drive )
/A Carlsbad, California 92008-1989 )
DOC u 1998-0803514
DEC IO’+ 199t3 3:2X PM
1633 oFF1c1flL REUIRDS slyi DIEal !YJlm REamR’S UfmE / GREGORY f!gTH, ayYYf!IamR : s
73/3GV4% Space above this line for Recorder’s use
Parcel No. 215-030-09/215-03 l-04/222-012-01/222-012-02/222-01 l-06/222-010-02 (Portion)
NOTICE AND WAIVER CONCERNING PROXIMITY
OF THE PLANNED OR EXISTING
CARRILLO RANCH COMMUNITY PARK
CASE NO: cT93-04
This Notice and Waiver Concerning Environmental Impacts (“Notice and Waiver”) is
made by Continental Ranch, Inc., a Delaware corporation, hereinafter referred to as the “Owner”
is the master developer of Ranch0 Carrillo, a master planned residential community situated in
the City of Carlsbad (“City”), County of San Diego, State of California.
RECITALS
A. The purpose of this Notice and Waiver is to disclose to the fullest extent possible
present and future potential impacts of noise generated by use of Carrillo Ranch Community
Park.
B. Owner is the master developer of a subdivision within Rancho Carrillo more fully
described as:
Lots l-l 11 according to Final Map No.13551 which are in the City of
Carlsbad, County of San Diego, State of California and recorded with the
Office of the County Recorder of the County of San Diego on
March 31 , 1998 (“Property”).
C. The Property is located adjacent to the Carrillo Ranch Community Park (hereafter
described as “Park”) on which users will engage in generally passive recreational activities, Park
is being planned by the City as a passive Park with associated cultural activities, such as, without
limitation, demonstration rodeos, horseshoes, and weddings and wedding receptions.
D. Owner has no control over the operations of the park including, but not limited to,
the types of recreational activities engaged in or planned for the park or the hours of operation of
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Mod. 07/01/97
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the Park.
E. It is the desire of City and Owner to give notice to any potential purchaser of the
property of its proximity to the Park and the fact that the Property may be subject to the impacts
of use of the Park.
NOW, THEREFORE, in light of the Recitals above, Owner does, for itself, and its
successors and assigns, give the following notice and makes the following [Wlaiver:
1. Owner has and shall develop the property in accordance with Carlsbad Tract CT
93-04 approved by the City, which approval includes the requirement of the City, that the
development of the Property is consistent with the Land Use, Noise, Open Space and
Conservation, and Parks and Recreation Elements of the General Plan of the City. In that regard,
this Notice and Waiver satisfies Condition 43 of CT 93-04.
2. That Owner has no responsibility or control over the operation of the Park,
including without limitation, the types of recreational activities conducted or the number of
people using the Park. The Park is being planned by the City as a generally passive Park with
associated cultural activities, as set forth in Recital C above.
3. That the users of the Park 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, sound, light and glare of Park facilities and activities.
4. The Property shall be held, conveyed, hypothecated, encumbered, leased, rented,
used, occupied and improved subject to this Notice and Waiver. This Notice and Waiver 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 and Waiver is to disclose to the fullest extent possible
present and future potential impacts of noise, light and glare generated by all manner of the
herein referenced Park activities, facilities and users which may generate noise and other
environmental impacts. Owner has reviewed City’s proposed plans, to the extent they have been
developed, for the Park and acknowledges these existing and future impacts and forever waives
any and all causes of action, and hereby covenants not to sue the City, its agents, servants or
employees as to any damages or injuries resulting from the operation of the Park pursuant to the
proposed plans. However, such waiver does not include a waiver of Owner’s right to comment
or object to the Park project’s review process, if any, required by the California Environmental
Quality Act or other applicable rules and regulations.
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/cd Signed this 2 - day of h&W& , 1998.
OWNER:
CONTINENTAL RANCH, INC., a Delaware
corporation
By: %-4f ,gr , .
(sign here)
PW/@ 4. LdKrq&e
(print name here)
Y/CE PBES.
(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)
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
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STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On /th@L 2 /4?& before me, fiu* A- fimC-.
Notary Public, personally appeared a4N ;& A. u 0(&L
. knowntome-f
name( )&+
9
subscribed to the within instrument and acknowledged to me
executed the same a { $ hr /h r/t eir authorized capacity($), and that
on the instrument the person( P , or the entity upon behalf of which the perso
the instrument.
WITNESS my hand and offkial seal.
(Sig$&ure of%otary)’
Noise Form # 1 Mod. 07/O l/97