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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 . . * IIAIAIIIIIIIIlIIIIllllMlllllllll~ll Allllilll 1999-0350531 Space above this line for Recorder’s use cjlbe-0$0-~03,33,~,~~) 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