HomeMy WebLinkAboutCT 98-14; Standard Pacific Corporation; 2003-0362109; Notice of RestrictionDOC # 2003-0362109
UFFICIAL Ern SCiN DIEGO COUNTY RECORDER'S OFFICE k RECORDING REQUESTED BY AND )
WHEN RECORDED MALL TO: 1
) City Clerk 1 CITY OF CARLSBAD 1
1200 Carlsbad Village Drive 1
Carlsbad, California 92008-1989 1
Space above this line for Recorder's use
Parcel No. 214-170-58, -59, -74, -75, -79, -80, -81. -84, -85
NOTICE AND WAIVER CONCERNING PROXIMITY
OF THE PLANNED OR EXISTING
POINSETTIA LANE AND AVIARA PARKWAY TRANSPORTATION CORRIDORS
CASE NO: CT 98-14
This Notice Concerning Environmental Impacts is made by (name of legal owner)
Standard Pacific Corn. , a(n) (individual, corporation, etc.)
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 Carlsbad, County of San Diego, California, more fully described as:
The northeast quarter of the northeast quarter and the southeast
quarter of the northeast quarter of Section 28, Township 12 South,
Range 4 West, San Bernardino Meridian, according to the official
plat thereof; together with that portion of the southeast quarter of
Section 21, Township 12 South, Range 4 West of the San
Bernardino Meridian, according to the official plat thereof, shown
on Parcel B on a Certificate of Compliance recorded November
7,1988 as File No. 88-569475 and on Record of Survey Map No.
12096, filed on March 23, 1989; all lying within the City of
Carlsbad, County of San Diego, State of California; except
Noise Form #1 Rev. 02/02/99
FORM: NOISE 1: 2 OF 3
therefrom those portions thereof vested with Tabata Brothers
Partnership by documents recorded November 13, 1972 as File No.
303362 and November 4, 1974 as Files No. 74-292547 and 74-
292548; and except therefrom those portions lying within Poinsettia
Lane and Rose Drive as described in Files No. 89-546752, 89-
637695,90-146889 and 91-0036964 of Official Records.
C. The property is located adjacent to the -Poinsettia Lane and Aviara Parkway
Transportation Corridors (hereafter described as corridorsj on which transportation vehicles such
as automobiles, trucks, motorcycles and/or vehicles for rail and transit are proposed to travel.
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 corridors 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 corridors.
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
Tractparcel Map (CT 98-14 ) 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 corridors,
including without limitation, the types or number of vehicles operating on the corridors.
3. That the vehicle operations on the corridors 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
Noise Form #1 Rev. 02/02/99
FORM: NOISE 1: 3 OF 3
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 fiom said impacts.
Executed this bb day of m7" , 20 03
*OWNER:
(Name of Owner) '1
(sign here)
(print name here)
(title andsganization of Uignatory)
By:
(signMere)
(print name here)
ka&id R~~w~~G-
(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. Othetwise, the corporation must attach a resolution
certified by the secretary or assistant secretary under corporate seal empowering the ofXcer(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
Bv:
puty City Attorney
Rev. 02/02/99
STATE OF CALFOFWIA
COUNTY OF SAN DIEGO
name@ is/= subscribed to the within instrument and acknowledged to me that he/she&ey
executed the same in his/he&wir authorized capacity(@), and that by hisihwkhsir 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)
Noise Form #1 Rev. 02/02/99
.'
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
On March 3, 2003 before me, Kathryn L. Sisko, NOW public ,
personally appeared JoAnn Watanabe /////// Date Name and Rtle of Officer (e.g.. "Jane Doe, Notary Publlc")
Name@) of Slgnerls)
IRpersonally known to me
0 proved to me on the basis of satisfactory
evidence
to be the person@) whose name(@ is/*
subscribed to the within instrument and
acknowledged to me that-k/she/tky executed
the same in -his/her/Hteir authorized
capacity(k), and that by kis/her/tk+
signature@) on the instrument the person(+, or
the entity upon behalf of which the personCsf
acted, executed the instrument.
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: 2/6/03 Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Notice and Waiver Concerning Proximity of the
Parkway Transportation Corridors
0 Corporate Officer - Title(s):
0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
Signer Is Representing:
0 1999 National Notary Assoclatdon 9350 De Solo Ave.. P.O. Box 2402 * Chatswonh, CA 91313-2402 - www.nationalnotaTyorg Prod. No 5907 Reorder: Call Toll-Free 1-800-876-6827