HomeMy WebLinkAboutCT 94-01; WL Homes LLC; 1998-0809818; Notice of Restrictionc 1563 DOC 1 1998-0809818
DEC 14s 1998 10~59 QM
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: )
City Clerk
CITY OF CARLSBAD
Carlsbad, California 92008-1989 . . ,, ).- , '.; .,: ':.: : , .,', ,.
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1998-0808818
$ 1200 Carlsbad Village Drive ). . . I '.'
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', Spaee above%is'line for Recorder's use
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- 1 ' , Parcel No. 216-510-06
The undersigned Owner is the Developer a;Ka;(k,&%d&i ofthe %le to -in Red Property in the City
of Carlsbad, County of San Diego, Califomia,.more,fblly desribed as:
Lot 8 of Carlsbad Tract No. 94-01, Poinsettia Shoies'Unit 1, in the City of Cwlsbae County of San
Diego, State of California, according to map thereof No. 13181, filed in the office of the County
Recorder of San Diego County, on January 26, 1995
The following NOTICES are contained in this document:
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NOTICE CONCERNING RAILROAD ENVIRONMENTAL IMPACTS
NOTICE CONCERNiNG RAILROADENWIiONMENTAL IMPACTS
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A. The purpose of this'&ticeis to disclose to the h1lest:extent passible present and future
potential impacts of noise &&rated by all manner of trains which will generate n.oise
and other environmhbi impacts.
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B. The property is locited adjacent to the Noith COa& Transit District Railway, City of
Carlsbad, San Diego County hugb which are conducted certain railway operations on
and about said railway.
C. Owner has no control over the operations of the Railroad, including the types of
equipment nor the frequency of the trains.
D. It is the desire of Owner to give notice to any potential purchaser of the real property of
the Railroad operation and the fact that purchasers may be subject to vibration, sight and
b"U. '" L 4 -" .J. ;; ,')'.. lil> O,XI~;~ILL a,, iirc Xaiiloati.
MULTINOISE.FRM 1 Rev. 03/21/95 tt3-17-
NOW THEREFORE, in light of the above Recitals, as developer and owner o!F the
property, does, for itself, and its successors and assigns, give the following notice:
1. Owner has and shall develop the property in accordance with Specific Plan 201 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 or control over the operation of the Railroad, including
without limitation, the types or number of irains, timing of, or frequency of trains.
3. That the train operictio& &the Railroad by b<ea@Si ificant environmental impacts
affccting the purchasers: tenants and owupants of the property and that purchasers,
tenants and occupants of the property reside there subject to such vibration, sight and
sound.
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4. The property shall be held, co&eyed,.hypdhecated, encumbered, leased, rented, used,
occupied and improved subject to this 'Declaration arid 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.
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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 trains 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.
MULTINOISE.FRM 2 Rev. 03/2:7/95
IN WITNESS WHEREOF, these Declarations of, Notice of train vibration, sigh and
sound; are made this 2ND day of DECEMBER
*OWNER
WL HOMES LLC, A DELAWARE LIMITED
LIABILITY COMPANY, DBA WATT HOMES
STEVE KABEL
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DIVISION PRESIDENT (title and organizational of signatory)
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(sign here)
(print name here)
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(title and organiktion of signatorfj " ,. ..
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(Proper notarial acknowledgment of execution by Contractor musthe.'&itadhed.j
(President or vice president &yJ$s&retary or assistant s&t'd&ty m&3igr, for corporations. If
only one officer signs, the corporation must attach a resolution cert#ied by the secretaty or
assistant secretary under corporate seal empowering that officerto bind the corporation).
(If signed by an individual partner,:'th& partnership must atrich. a statement of partnership
authorizing the partner to execute this instiument).
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APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
MULTINOISE.FRM 3 Rev. 031:27/95
ALL-PURPOSE ACKNOWLEDGMENT
State of California
On \ QakT 19% befor
personally appeared
(DATE) -, (NOTARY)
*ersonally known to me - OR- 0 proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)
islare subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
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.
OPTIONAL INF
edgment to an unauthorized document. The information below is not required by law. How
CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT
0 INDIVIDUAL 0 CORPORATE OFFICER
TITLE(%
0 PARTNER(S)
0 ATTORNEY-IN-FACT 0 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR -
TITLE OR TYPE OF DOCUMENT -
NUMBER OF PAGES
DATE OF DOCUMENT u OTHER:
OTHER
la 1
SIGNER IS REPRESENTING:
NAME OP PERSON(?.) OR ENCll”(IES)
RIGHT THUMBPRINT
OF