HomeMy WebLinkAboutCT 96-02; CanAm Properties LLC; 1999-0737784; Notice of Restriction. DOC IT 199990737784
6873 NmJ 049 1999 3:15 PM
oFFIcIflL RECORDS SAN DIEGO CWW RECORDER’S OFFICE !J&GORY $ITHs ~YRECORDER . . .
RECORDING REQUESTED BY AND ) billy: 2
WHEN RECORDED MAIL TO:
City Clerk > CITY OF CARLSBAD ) 1200 Carlsbad Village Drive Carlsbad, California 92008- 1989
Space above this line for Recorder’s use
Parcel No. 209-060-59
209-090-01 through 10 & 12
NOTICE AND WAIVER CONCERNING PROXIMITY
OF THE PLANNED OR EXISTING
EL CAMINO REAL AND COLLEGE BOULEVARD TRANSPORTATION
CORRIDOR(S)
CASE NO: CT 96-02
This Notice Concerning Environmental Impacts is made by (name of legal owner)
CanAm Properties, L.L.C. a(n) (individual, corporation, etc.) corporation
hereinafter referred to as the “Owner” is developer of certain real property situated in the City 0;
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
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.
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:
A portion of Lot “B” of Ranch0 Agua Hedionda, in the City of Carlsbad,
County of San Diego, State of California, per Map thereof No. 823, filed
in the Office of the County Recorder of said County, November 16, 1896
and Lots 1 - 10 of CT 83-36 per Map No. 11242 as recorded in the Office
of the County Recorder of San Diego County, May 23,1985.
Noise Form #l Rev. 02102199
687s
FORM: NOISE 1: 2 OF 3
C. The property is located adjacent to the El Camino Real and College Boulevard
Transportation Corridors (hereafter described as corridor) on which transportation vehicles such
as automobiles, trucks, motorcycles and/or vehicles for rail and transit are proposed to travel.
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 - 96-02 ) 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
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.
. . .
Noise Form #1 Rev. 02/02/99
FORM: NOISE 1: 3 OF 3
Executed this 26th day of October 31999 4
*OWNER:
CANAM.L (Name of Owner)
By:
(sig; l-k-e)
RusselI W. Grosse
(print name here)
President
(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,)
(Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant
treasurer must sign for corporations. Otherwise, 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 Attorney
Noise Form #1 Rev. 02/02/99
: .
STATE OF CALIFORNIA
6877
COUNTY OF SAN DIEGO
On October 26.1999 before me, J- B. e
Notary Public, personally appeared Russell w, Grm , [A personally
known to me - or [ ] proved to me on the basis of satisfactory evidence to be the person@) whose
name(sj is/are 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@), or the entity upon behalf of which the person(s) acted, executed
the instrument.
WITNESS my hand and official seal.
Noise Form # 1 Rev. 02/02/99
-
City of Carlsbad
Planning Department
Document Recordation Transmittal
DATE: OCTOBER 261999
TO: CITY CLERK
FROM: VAN LYNCH
VIA: ASSISTANT PLANNING DIRECTOR
REQUEST TO PROCESS DOCUMENTS FOR RECORDATION
PROJECT ID NO(s). CT 96-02/SDP 97-02/pUD 96-02/SUP 96-Ol/SUP 96-02
PROJECT NAME TERRACES AT SUNNY CREEK
INSTRUCTIONS:
Please obtain City Attorney signature on the attached agreement(s) and process for
recordation. Recording fees are to be charged to the City in accordance with the standard
letter agreement with the Recorder’s Office. Please return a copy of the recorded
document(s) to this office for our records.
ATTACHMENTS:
III NOTICE OF RESTRICTION
I8 OTHER: NOTICE AND WAIVER CONCERNING PROXIMITY OF THE PLANNED
OR EXISTING EL CAMINO REAL AND COLLEGE BLVD TRANSPORTATION
cc: File