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Home My WebLink AboutCT 97-03; Continental Residential Inc; 2000-0524094; Notice of Restriction11104 DOC - 2000-0524094 SEP 29s 2000 2:30 PH oFFICI& REmD6 W DIEUI @IMY RUXRDER’S OFFICE GREGoRy iGFN’ Y!Eo- : . RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ; City Clerk > CITY OF CAIUSBAD > 1200 Carlsbad Village Drive Carlsbad, California 920081989 2000-0524094 Space above this line for Recorder’s use Parcel No. 222-680-o 1 through 24 222-681-01 through 16 222-682-01 and 02 NOTICE AND WAIVER CONCERNING PROXIMITY OF THE PLANNED OR EXISTING PALOMAR AIRPORT ROAD AND MELROSE DRIVE TRANSPORTATION CORRIDOR(S) CASE NO: Ranch0 Can-i110 Village G - CT 97-03/PUD 97-03(D) This Notice Concerning Environmental Impacts is made by (name of legal owner) Continemtal Residential Inc., a(n) (individual, corporation, etc.) corporation hereinafter referred to as the “Owner” is developer of certain real property situated in the City df 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: Lots 355 through 396 of Carlsbad Tract No. 97-03, in the City of Carlsbad, County of San Diego, State of California, according to Map No. 13837, filed in the Office of the County Recorder of San Diego County, August 23,1999 as file number 1999-581947 C. The property is located adjacent to the Melrose Drive and Palomar Airport Road 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. Noise Form #l Rev. 02/02/99 - 11105 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 - 97-03) 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 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 - 11106 FORM: NOISE 1: 3 OF 3 Executed this 36’ t!L day of 4u-qhFf- ,20@ . *OWNER: CobkM-br EwL-ti&, &&. (Name of Owner) , By: . (sign h&e) DfiVrP A-* Ld-WR (print name here) WC pe l (title and organizatE 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). APPROUED AS TO FORM: Noise Form # 1 Rev. 02/02/99 11107 STATE OF CALIFORNIA COUNTY OF SAN DIEGO on Awe3ucoa before me, ti ~kk A. G*A~-c/ Notary Public, personally appeared mkk /4 1 *O . , [Lyrpersonally knowntome-or[ e Ia bek’3CIw)&se name(#) is/e subscribed to the within instrument and acknowledged to me that helshefky executed the same in his/he&heir authorized capacity(k), and that by his/h&heir signature@) on the instrument the person@, or the entity upon behalf of which the person@) acted, executed the instrument. WITNESS my hand and official seal. (Signature of Notary) u Noise Form #1 Rev. 02102199 CERTIFICATE OF ASSISTANT SECRETARY The undersigned hereby certifies as follows: 1. He is a duly ekted, qualified and acting Assistant Secretary of Continental Residential, Inc., a California corporation (the “Company”), is familiar with the facts herein certified and is duly authorized to certify the same. 2. The following is a true, correct and complete copy ofresblutions related to the subject matter as adopted by the Consent of Sole Director of the Company dated January 1, 2000 (the “Resolutions”). The Resolutions have not been amended, rescinded or modified and remain in full force and effect as of the date hereof. Anthoritv of David A Lother. Vice President WHEREAS, effective April 20,1998, David A. Lother was elected to, and continues to serve in, the office of Vice President of the Company (the “Vice President”), to serve until the next annual meeting of the directors of the Company and until his successor is duly elected and qualified or until his earlier death, resignation or removal. RESOLVED, that in connection with land development for the Company, without the prior approval, and without the signature, of any other officer of the Company, the Vice President is hereby authorized and empowered, in the name and on behalf of the Company, to execute and deliver con&acts, agreements and other documents and instruments for the subdivision, development and/or iniprovement of real property, including subContractor qg-eamm, maintenance contracts, applications to the Department of Real Estate for approval of budgets, homeowner association documents and various other documents, homeowner association documents, entitlement submissions, security bonds, subdivision improvement agreements, permit applications, easement deeds, agreements with adjacent property owners, coxisulting contracts and similar or equivalent agreements, documents or instruments. IN WITNESS WHEREOF, the umk-+d has set his hand on the 26th day of January, 2000. I .7 Paul W. Buchschacher, Assistant Secretary