HomeMy WebLinkAboutCT 96-07; Shea Homes LP; 1998-0350531; Notice of Restriction: . * . DOE " 1998-0350531
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO:
I c i City Clerk
it ;j CITY OF CARLSBAD ; 1200 Carlsbad Village Drive > Carlsbad, California 9200% 1989 )
JUN 10s 1998 xi:24 fw
mICI& fmRD!3 SW DIEM lB.lHfY RECMDER’S OFFICE
976 GREGINY ;,$lITHs clM#lDRDER . . *
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ParcelNo. db7 - t-1 - 161
NOTICE A?;D WAIVER CONCEKNlwG P~OXI&~IT‘U’
OF THE PLANNED OR EXISTING
CANNON ROAD TRANSPORTATION CORRIDOR(S)
CASE NO: CT 96-07
This Notice Concerning Environmental Impacts is made by (name of legal owner) shea
Homes Limited Partnershi D a(n) (individual, corporation, etc.) California
limited partnership hereinafter referred to as the “Owner” is developer of certain real
property situated in the Cit; of 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 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 Cannon 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 #l $ ‘f i \a, :;.Y.,
,
c-i %dv *-. :
Rev. 03127195
Id
977
FORM: NOISE 1: 2 OF 3
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 - 96-07) approved by the City of Carlsbad, which approval includes the
requirement of the ?%y 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 n&ice is ?o 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 # 1 Rev. 03/27/95
II* . . . 978. -
FORM: NOISE1:3 OF3
Executed this 30 t h day of April ,198 .
*OWNER:
SHEA HOMES LIMITED PARTNERSHIP a California limited partnership
(Name of Owner)
J.F. Shea Co., Inc., a Nevada r
BY
Mark Brock Vice President
~~ti~$&$#+??# Dale Holbrook
(print name here)
Assistant Secretary
(title and organization of signatory)
(Proper notarial acknowledgment of execution by Contractor must be attached.)
(President or vice president @ 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).
(if signed by an individual partner, the parfnership must attach a statement of partnership
authorizing the partner to execute this instrument).
APPROVED AS TO FORM:
Noise Form # 1 Rev. 03127195
979
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On April 30, 1998 before me, Susan L. Triminqham
Notary Public, personally appeared Mark Brock and Dale Holbrook , [x] personally
known to me - or [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) eubscribed to the within instrument and acknowledged to me that he/she
executed the same in his/h 0 /then uthorized capacity(ies), and that by his/h
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.
Noise Form #l Rev. 03/27/95