HomeMy WebLinkAboutCT 99-06; Palomar Forum Associates LP; 2002-0913259; Notice of RestrictionDOC # 2002-0913259
OFFICIAL RECORDS 9% DIEM CDWTY REMRDER'S OFFICE
FEES: 17.00 GKEGDKY J. SMITH, COUNTY KECORDER
f$ RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: )
City Clerk lcmt CITY OF CARLSBAD
1200 Carlsbad Village Drive )
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Carlsbad, California-92008-1989 j
Space above this line for Recorder's use
ParcelNo. 221-010-17.221-012-10
NOTICE AND WAIVER CONCERNING PROXIMITY
OF THE PLANNED OR EXISTING
TRANSPORTATION CORRIDOR(S)
CASE NO: CT 99-06
This Notice Conceming Environmental Impacts is made by Palomar Forum Associates,
LP, a Limited Partnership, 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 zgents, servants or
employees as to any damages or injuries resulting fiom 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:
Portions of Sections 13 and 18, Township 12 South, Range 4 West, San
Bernardino Meridian, and all that portion of Section 18, Township 12, Range 3
West, San Bemardino Meridian, in the City of Carlsbad, County of San Diego,
State of California, according to the plat thereof.
C. The property is located adjacent to the Palomar Airport Road
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.
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.
Noise Form #1 Rev. 02/02/99
FORM: NOISE 1: 2 OF 3
E. Owner has no control over the operations of the comdor 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 comdor and the fact that purchases may be subject to the impacts
of said proposed transportation comdor.
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- 99-06, 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 comdor 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 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.
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Noise Form #1 Rev. 02/02/99
FORM: NOISE 1: 3 OF 3
Executed this 9th day Of May ,2002
*OWNER
(Name of Owner)
Palomar Forum Associates L.P.
(sign here)
Larry E. Nelson
(print name here)
Partner
(title and organization of signatory)
(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 oficer(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 #1 Rev. 02/02/99
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
Notary Public, personally appeared L&$?(/ &I /1/&9d " , [ ] personally
known to me - or [J(proved to me on the bak of satisfactory evidence to be the persong) whose
name@ is/$ subscribed to the within instrument and acknowledged to me that he/sk&hey
executed the same in hismerUlteitauthorized capacityM and that by his/her/their signaturelay
on the instrument the personM or the entity upon behalf of which the person acted, executed
the instrument.
1"1
WITNESS my hand and official seal.
Noise Form #I Rev. 02/02/99