HomeMy WebLinkAboutCUP 99-30; West Development Inc; 2002-0238473; Notice of RestrictionDOC # 2002-0238473
MAR 21, 2002 3-44 PM
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL. TO: 1
) City Clerk )
CITY OF CARLSBAD )
1200 Carlsbad Village Drive )
Carlsbad, California 92008-1989 ) ? d Space above this line for Recorder’s use
Parcel No. 210-010-38
NOTICE AND WAIVER CONCERNING PROXIMITY
OF THE PLANNED OR EXISTING
CANNON ROAD, INTERSTATE 5, AND SAN DIEGO NORTHERN RAILROAD
TRANSPORTATION CORRIDOR(S)
CASE NO: CUP 99-3OPUD 00-109iMS 99-16 - CANNON COURT
This Notice Concerning Environmental Impacts is made by West Develoument, Inc, a(n)
Comoration, 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:
That portion of Lot “H” of Rancho Agua Hedionda, in the City of Carlsbad,
County of San Diego, State of California, according to Petition Map thereof
No. 823, filed in the Office of the County Recorder of San Diego County,
November 16,1896
C. The property is located adjacent to the Cannon Road, Interstate 5, and San Diego
Northern Railroad Transportation Comdors (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 #1 Rev. 02/02/99
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 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 Conditional Use
Permit (CW 99-30), Planned Development Permit (PUD 00-109), and Minor Subdivision (MS
99-16) 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 comdor.
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
FORM: NOISE 1: 3 OF 3
Executed this 37 day of F&4&4fb9 ,200z ,
*OWNER:
(Name of Owner)
By: k3L
A. GdZ#
(sign hefe)
(print name here)
1.P Ot UkW DeJYIophbJsc 2L
(title and organization 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
certified by the secretary or assistant secretary under corporate seal empowering the officer@)
treasurer must sign for corporations. Otherwise, the corporation must attach a resolution
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
By: d/-
eputy City Attorney
Noise Form #1 Rev. 02/02/99
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
N&&&bhc, personally appeared -\dntl A. wm , personally
known to me - or [ ] ~(s) whose
namef$&e subscribed to the within instrument and acknowledged to me that helsketttny
executed the same in his/he&hek authorized capacityw, and that by his- signature&
on the instrument the personM or the entity upon behalf of which the personHacted, executed
the instrument.
WITNESS my hand and official seal.
(Signature of Notary)
Noise Form #1 Rev. 02/02/99