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Home My WebLink AboutCT 97-15; Western Pacific Housing; 1999-0494152; Notice of Restriction: , * t . F 3 5f t DOC 7 1999-0494152 RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: 1 1 City Clerk > 2657 JUL 16tJ 1999 9:01 ffvl oFFICI# RECDRDS W DIEGU CCUKI’Y lEC@DER’S OFFICE GKfmRY kErW’ %- : . lillllllllllllaalllal11111111111118111lIIH 19994494152 CITY OF CARLSBAD > 1200 Carlsbad Village Drive > Carlsbad, California 92008-1989 1 Space above this line for Recorder’s use cr43- 1s Parcel No. 215-050-18. -59- The undersigned Owner is the Developer and/or Bolder of the Title to Certain Real Property in the City of Carlsbad, County of San Diego, California, more fully described as: Parcel 2 of Map No. 2244, filed in the Office of the County Recorder on January 10, 1974 and the southern half of the northeast quarter of Section 26, Township 12 South, Range 4 West, San Bernardino Meridian, all in the City of Carlsbad, County of San Diego, State of California. The following NOTICES are contained in this document: NOTICE CONCERNING PROXIMITY OF THE EXISTING EL CAMIN REAL TRANSPORTATION CORRIDOR AND THE FUTURE POINSETTIA LANE TRANSPORTATION CORRIDOR NOTICE CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS I. NOTICE CONCERNING PROXIMXTY OF THE EXISTING EL CAMINO REAL TRANSPORTATION CORRIDOR AND THE FUTURE! POINSETTIA LANE TRANSPORTATION CORRIDOR 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. B. The property is located adjacent to the El Camino Real and Poinsettia Lane Transportation Corridors (hereafter described as corridors) on which transportation vehicles such as automobiles, trucks, motorcycles and/or vehicles for rail and transit are proposed to travel. C. Owner has no control over the operations of the corridor including the types of vehicles, trips and traffic, nor the frequency of the trips. MULTINOISE.FRM 1 Rev. 02102199 Cl c 7 Q-6 . 26.58 D. 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 purchasers 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: 1. Owner has and shall develop the property in accordance with Carlsbad Tract No. CT 97- 15, approved by the City of Carlsbad, which approval includes the requirement of the City of Carlsbad, that the development of the property be consistent with the Land Use Element and 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. II. NOTICE CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS 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 aircraft including public and private aircraft which will generate noise and other environmental impacts. B. The property is located approximately 3 miles from the McClellan-Palomar Airport, City of Carlsbad, San Diego County (the “Airport”), operated by the County of San Diego, through which are conducted certain aircraft operations on and about said Airport and over real property in the vicinity of the Airport. C. Owner has no control over the operations of the Airport, including the types to aircraft, flight, the flight patterns of the aircraft, nor the frequency of the flights. D. It is the desire of Owner to give notice to any potential purchaser of the real property of the air flight operation and the fact that purchasers may be subject to overflight, sight and sound of aircraft operating from the Airport. MULTINOISE.FRM 2 Rev. 02/02/99 . . . 2659 . NOW, THEREFORE, in light of the above Recitals, as developer and owner of the property, does, for itself, and its successors and assigns, give the following notice: 1. Owner has and shall develop the property in accordance with Carlsbad Tract No. CT 97- 15, 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 Element and Noise Element of the General Plan of the City of Carlsbad. 2. That Owner has no responsibility of control over the operation of the Airport, including without limitation, the types or number of flight operations, types of aircraft (including jet aircraft), timing of flight operation, or frequency of flights. 3. The property shall be held, conveyed, hypothecated, encumbered. leased, rented, used, occupied and improved subject to this Declaration and 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. 4. 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 aircraft including public and private aircraft which will generate noise and other environmental impact. Purchaser acknowledges and accepts these existing and future impacts and 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. *OWNER: (print name here) ~%zc?t- Q ~~N&TwY . (print name here) V,IE f%&.,saN (title and organization of signatory) MULTINOISE.FRM Rev. 02/02/99 - (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 instnrment). APPROVED AS TO FORM: htULTINOISE.FRM Rev. 02102199 . I STATE OF CALIFORNIA COUNTY OF SAN DIEGO On t-31- 99 Notary Public, personally appeared h known to me - or [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) &are subscribed to the within instrument and acknowledged to me that WsWthey executed the same in kkfh&their authorized capacity(ies), and that by h&&e&heir signature(s) 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. MULTINOISE.FRM Rev. 02/02/99