HomeMy WebLinkAboutCT 95-03; UDC Homes Inc; 1996-0481396; Notice of Restriction1698 1,; It 1996-0481396 23-SEP-1996 09~32 Al’l
OFFICIAL RECORDS ._ SAM DIEGO CDDHTY RECORDER’S OFFICE GRE6DRY SH$ COWE~ECORDER RF3 I 16. DO IIF: i-i I#: . RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: )
City Clerk ; CITY OF CARLSBAD 1 1200 Carlsbad Village Drive ) Carlsbad. California 92008 1989 )
Space above this line for Recorder’s use
Parcel No. 212-040-32-00 &k-ld k?&~wt ., --
NOTICE AND WAIVER CONCERNING PROXIMITY
OF THE PLANNED OR EXISTING
Palomar Airport Road TRANSPORTATION CORRIDOR(S)
CASE NO: CT 95-03 /
This Notice Concerning Environmental Impacts is made by (name of legal owner)
UDC Homes, Inc. a(n) (individual, corporation, etc.) Delaware
Corporation hereinafter referred to as the “Owner” is developer
property situated in the City of Carlsbad, County of San Diego, State of California.
of certain real
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 Palomar Airport Road 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 # 1 Rev. 03/27/95
.
.L t-C)HM: NWi - 1:Zori.j 1699
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 - 9.5-03 ) 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. 3/27/95
‘.
FORM: NOISE 1: - ,f 3 1700 - ,a
Executed this 7‘b day of &I~LGT , 19-46 .J .
*OWNER:
UDC HOMES, INC.
(name of *Owner)
By:
(si@ here) \
(print name here)
Division Presi,dent
(title and organization of signatory)
(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
BY
NOISE FORM #1
rev. 3/27/S
.
GALI - HNIA ALL-PUHP-‘OSt AGKNUWLt - IMtN 1
’ Ia
4701
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
Otl QuST 7. (4s6 before me, &, I5 Dw’m ” Notary Public,
personally appeared 3% 3 Wcrneri , w( personally
known to me - or [ -l-ptwdWs-on thl to be the
person(s) whose name(s) is/afe subscribed to the within instrument and acknowledged
to me that he/&ejthey executed the same in his/her+&& authorized capacity(&), and
that by his/he#+teir signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(e) acted, executed the instrument.
WITNESS my hand and official seal. JOY E. DAVIN
NOISE FORM #l
rev. 3/27/95