HomeMy WebLinkAboutCT 97-14; Standard Pacific Corporation; 1999-0536801; Notice of Restriction_-
I DOG 4 1999-0536801
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RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO:
i City Clerk 1 l~l~l~~~~l~~~l~ll~ll~ll~~ll~ll~~lll~lnlll 1999-0636601 CITY OF CARLSBAD
1200 Carlsbad Village Drive i Carlsbad, California 92008- 1989 > Space above this line for Recorder’s use
NOTICE AND WAIVER CONCERNING PROXIMITY
OF THE EXISTING AVIARA PARKWAY TRANSPORTATION CORRIDOR
CASE NO. CT 97-14
This Notice Concerning Environmental Impacts is made by (name of Zegal owner)
Standard Pacific Corp., 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
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 Carisbad, County of San Diego, California, more mlly described as:
Being a subdivision of a portion of the land designated as “Description
No. 4 76.89 acres” as shown and delineated on record of survey map
No. 5715, filed in the Office of the County Recorder of San Diego
County, December 19, 1960, also being a portion of Lot “G” of the
Ranch0 Agua Hedionda in the City of Carlsbad, County of San Diego,
State of California, according to map thereof No. 823, filed in the Office
of the County Recorder of said San Diego County, November 16, 1896.
C. The property is located adjacent to the Aviara Parkway 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 Foxm #l Rev. 02/02/9
Z6qb
9418
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
(CT 97-14) 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
fixture potential impacts of noise generated by all manner of vehicles i.ncluding 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 #l Rev. 02/02/99
.- - 9419
FORM: NOISE 1: 3 OF 3
Executed this %P day of ,19 sq .
*OWNER:
STANDARD PACIFIC CORP., a Delaware
Corporation
Co&, Authorized Representative
Gregg Linhoff,
Pacific of San Dieg
Pacific Corp., Authkized Representative
(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 coqorations. 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 #l Rev. 02/02/99
9420
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On Tq(q 20. 1949 before me, (l&+l-h &WI
Notary Public, personally appeared Tcfld 54x( Ir& &CM k$I& I , [dp ersonally
known to me - or [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) kkre subscribed to the within instrument and acknowledged to me that h&k/they
executed the same in l&&her/their authorized capacity(ies), and that by hi&her/their signature(s)
on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
(Signature of Notary) ' My Comm. Expires Nov.3,2000 5
Noise Form #l Rev. 02/02/99