HomeMy WebLinkAboutCT 97-02; Continental Ranch Inc; 1998-0803500; Notice of Restriction5 . F DOE ii 1998-0803500 RECORDlNGREQUESTEDBYLA'd'fY= TIb
DEC 10r 1998 3:21 PM
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@I WHEN RECORDED MAIL TO:
1 City Clerk ) CITY OF CARLSBAD
1200 Carlsbad Village Drive
WFICIAl REEmS !M DIEGO CUM’/ RECMER’S WFICE GaGolw gwH1 CyT~RmlRDER . . s
luuunl~~lln~uyull~lllllllI 1998-0803500 Carlsbad, California 9200% 1989
23l3bY*QS Space above this line for Recorder’s use
ParcelNo. 22I-01%13,221-012-09,221-012-12
NOTICE AND WAIVER CONCERNING PROXIMITY
OF THE PLANNED OR EXISTING
MELROSE TRANSPORTATION CORRIDOR
CASE NO: CT 97-02
This Notice Concerning Environmental Impacts is made by Continental Ranch, Inc., a
Delaware Corporation, hereinafter referred to as the “Owner” is developer of certain real property
situated in the City 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:
That portion of Section 13, Township 12 South, Range 4 West, San
Bernardino Meridian, and all that Portion of Section 18 and 19 of
Township 12 South, Range 3 West, San Bernardino Meridian, in the
City of Carlsbad, County of San Diego, State of California.
C. The property is located adjacent to the Melrose Transportation Corridor (hereafter
described as corridor) on which transporration vehicles such as automobiles, trucks, motorcycles
and/or vehicles for rail and transit arc Fropcsed If:) ‘u-~vel.
Noise Form #1 \:: x Y b Rev. 03/27/95
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
Map (CT 97-02) 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 shaI1 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. 03/27/95
. , . 1581 -
FORM: NOISE 1: 3 OF 3
Executed this //& dayof 9 ,19 ?B .
*OWNER:
e4wVN 4?NT& Dwcq zv@ *
(Name of Owner)
. By: &&&4.&a t
(sign h&e)
bkcV/P 4* Lo?y?iER
(print name here)
(sign here)
c#3+w 4wH$%sE;es
(print name here)
(title &d organization of signatory)
(Proper notarial acknowledgment of execution by Contractor must be attached.)
(President or vice president m secretary or assistant secretary must sign for coworations. 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 partnership must atfach a statement of partnership
authorizing the partner to execute this instrument).
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
BY:
43qruty City Attorney
Am
Noise Form #l Rev. 03127195
.
l -
1582
-
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On rv\av \ 1 1 )4%
Notary Public, personally appeared
known to me - or [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) 4s@ subscribed to the within instrument and acknowledged to me that h&she@
executed the same in &#her~authorized capacity(ies), and that by h%hcr/@signature(s)
on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I
WITNESS my hand and official seal.
Noise Form # 1 Rev. 03127195