HomeMy WebLinkAboutGPA 03-08; KSL Development; 2005-0183320; Notice of Restriction\ RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: 1 1
City Clerk )
CITY OF CARLSBAD )
1200 Carlsbad Village Drive ) Carlsbad. California 92008-1 989 )
DOC # 2005-01 83320 I llllllll111 lllll IIIII 11111 111ll Ill11 ll111 Ill11 11111 IIIII IIIII 1111 Ill1
OFFICIAL RECORDS
!;AN DIEGO COUNT'I' RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 25.0U
PAlriES 7
I1Il1111111 UIII Ill11 IIIII Ill11 Ulll Ylll Ill11 1111 Ill11 1111 Ulll Ill11 YII Ill1
Space above this line for Recorder's use
Parcel No. 2 16-123-07,2 16-2 10-04,2 16-123-05
Project Number and Name: La Costa Resort and SDa Master Plan GPA 03-08/ZC 03-04/MP 03-02/MP
149(S)/CT 03-0 l/PUD 03-06/SUP 03-03/SUP 03-06
NOTICE AND WAIVER CONCERNING PROXIMITY
OF THE PLANNED OR EXISTING
EL CAMINO REAL TRANSPORTATION CORRIDOR(S)
CASE NO:
06
GPA 03-08/ZC 03-04/MP 03-02/I" 149( S)/CT 03-Ol/PUD 03-06/SUP 03-03/SUP 03-
This Notice Concerning Environmental Impacts is made by (name of legal owner)
KS L Development , a(n) (individual, corporution, etc.)
, hereinafter referred to as the "Owner" is developer of certain corporation
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:
Shown on Exhibit A
C. The property is located adjacent to the existing El Camino Real
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 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 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:'Parcel Map (CT 03-01) 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 hllest 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 #I Rev. 02/02/99
FORM: NOISE 1: 3 OF 3
Executed this I day of ,200.r .
*OWNER:
(Name of Owner) 1
By:
(print name here)
(title and’organiFation 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
On
Notary Public, personally appeared $, ck&d,k &L~@LZ
AdLMKY ./, A gd!37 before me, /,u&e R tjdhs~+
, [ ] personally
known to me - or [ dproved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) idare subscribed to the withm instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their 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.
Noise Form #1 Rev. 02/02/99
PARCEL I
A PARCEL OF LAND BEING A PORTION OF SECTION 26 AND SECTION 35, BOTH IN
TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF
CARLSBAD, COUNTY OF $AN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE
OFFICIAL PLAT THEREOF; EXCEPTING THEREFROM THAT PORTION OF EL CAMINO
REAL PER ROAD SURVEY NO. 682 AND ROAD SURVEY NO. 1800-1 AND VARIOUS DEEDS
OF RECORD; ALSO EXCEPTING THEREFROM THE LEUCADIA COUNTY WATER DISTRICT
SEWAGE TREATMENT PLANT SITE AS DESCRIBED IN DEED RECORDED AUGUST 11,
1961 AS DOCUMENT NO. 138155 OF OFFICIAL RECORDS;
ALSO EXCEPTING THEREFROM THOSE PORTIONS LYING WITHIN LA COSTA VALLEY
UNIT NO. 1, PER MAP NO. 5434, LA COSTA VALLEY UNIT NO. 2, PER MAP NO. 5486, LA
COSTA CONDOMINIUM UNIT NO. 3, PER MAP NO. 6129 AND LA COSTA CONDOMINIUM
UNIT NO. 4, PER MAP NO. 6520, ALL FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY; ALSO EXCEPTING THEREFROM THAT PORTION LYING WITHIN
PARCEL A, AS DESCRIBED AS A PARCEL OF LAND BEING A PORTION OF LOT 14 IN
SECTION 35, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN,
ACCORDING TO THE OFFICIAL PLAT THEREOF, AND LOT 3 OF LA COSTA
CONDOMINIUM NO. 4, AS SHOWN ON MAP NO. 6520, FILED IN THE OFFICE OF THE
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA;
COUNTY RECORD RECORDER OF SAN DIEGO COUNTY, ALL IN THE CITY OF
ALSO EXCEPTING THE LA COSTA SHOPPING CENTER, BEING THOSE PORTIONS OF
LOTS 9, 14 AND 15 OF SECTION 35, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN
BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO THE OFFICAL PLAT THEREOF; TOGETHER WITH THOSE PORTIONS OF
LOTS 45 AND 46 OF LA COSTA VALLEY UNIT NO. 1, ACCORDfNG TO MAP NO. 5434,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AND
THOSE PORTIONS OF SECTIONS 25, 26, 35 AND 36, TOWNSHIP 12 SOUTH, RANGE 4
WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF,
ALL BEING IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, EXCEPTING ANY PORTION LYING WITHIN LA COSTA CONDOMINIUM UNIT
NO. 3, ACCORDING TO MAP THEREOF NO. 6129, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY AND LA COSTA CONDOMINIUM UNIT NO. 4,
ACCORDING TO MAP THEREOF NO. 6520, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUTNY; ALSO EXCEPTING THEREFROM, A PORTION OF
THE SOUTHEAST QUARTER OF SAID SECTION 26; ALSO EXCEPTION THAT PORTION OF
THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 12
SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL
PLAT THEREOF; TOGETHER WITH, A PORTION OF THE EAST HALF OF SECTION 36,
TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNADINO MERIDIAN, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFONIA, ACCORDING TO THE
OFFICIAL PLAT THEREOF; ALSO TOGETHER WITH A PORTION OF THE NORTHEAST
QUARTER OF SECTION 36, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO
MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF.
-
PARCEL 2:
PARCEL A OF PARCEL MAP NO. 13427, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
OFFICIAL RECORDS.
-
SAN DIEGO OF SAN DIEGO COUNTY AUGUST 16, 1984 AS DOCUMENT NO. 84-313333
PARCEL 3A:
LOTS 121 THROUGH 129 INCLUSIVE OF LA COSTA VALLEY UNIT NO. 1, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 5434, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY JULY 29,1964.
PARCEL 3B:
LOT 225 AND 226 OF LA COSTA VALLEY UNIT NO. 4, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.
5781, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY,
SEPTEMBER 16,1966.
PARCEL 3C:
LOTS 145,146 AND 147 OF LA COSTA VALLEY UNIT NO. 3, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.
5734, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY
18,1966.
EXCEPTING THAT PORTION OF SAID LOT 147, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST EASTERLY CORNER OF LOT 101 OF MAP NO. 5434, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, BEING AN ANGLE
POlNT IN THE SOUTHWESTERLY BOUNDARY OF SAID LOT 147; THENCE ALONG SAID
SOUTHWESTERLY BOUNDARY, NORTH 57"24'00" WEST, 128.03 TO AN ANGLE POINT;
THENCE SOUTH 64"OO'OO" EAST, 95.16 FEET; THENCE SOUTH 39°19'00" EAST, 35.24
FEET TO THE POINT OF BEGINNING.
PARCEL 3D:
LOTS 138,139 AND 140 OF LA COSTA VALLEY UNIT NO. 2, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.
5486, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY
OCTOBER 28,1964.
PARCEL 4:
A NON-EXCLUSIVE EASEMENT FOR PASSAGE, DRAINAGE AND MAINTENANCE OVER,
UNDER, THROUGH AND ACROSS A PORTION OF LOT 148 OF LA COSTA VALLEY UNIT
NO. 4, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 5781, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY.
PARCEL 5:
PARCEL A, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, AS SHOWN ON THAT CERTAIN "CERTIFICATE OF COMPLEANCE"
RECORDS.
RECORDED NOVEMBER 25, 1981 AS INSTRUMENT NO. 81- 374108 OF OFFICIAL
PARCEL 6;
A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS OVER COSTA DEL MAR
** *
ROAD AS DEDICATED AND
ACCORDING TO MAPS 6129
Q
REJECTED ON LA COSTA CONDOMINIUMS NO. 3 AND 4
AND 6520 RESPECTIVELY; EXCEPTING THEREFROM ANY
PORTION LYING WITHIN PARCEL 9 HEREIN DESCRIBED.
PARCEL 7A:
A NON-EXCLUSIVE EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS AND
PEDESTRIAN AND VEHICULAR ACCESS OVER AND THROUGH THAT PORTION OF LOT
9 IN SECTION 35, TOWNSHIP 15 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN,
IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO THE OFFICIAL PLAT THEREOF, MORE PARTICULARILY DESRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND
DESCRIBED IN A DEED TO LEUCADIA COUNTY WATER DISTRICT, RECORDED AUGUST
11,1961 AS DOCUMENT NO. 138155 OFFICIAL RECORDS; THENCE ALONG THE SOUTH
BOUNDARY LINE AS DESCRIBED IN SAID DEED, NORTH 89*25'44" WEST, 75.08 FEET;
THENCE LEAVING SAID SOUTH BOUNDARY LINE AS DESCRIBED IN SAID DEED;
THENCE ALONG SAID EAST BOUNDARY LINE SOUTH OO"34'16" WEST, 53.69 FEET TO
THE POINT OF BEGINNING. ..
PARCEL 8:
AN EASEMENT FOR A GOLF CART UNDERCROSSING STRUCTURE BEING IN THE CITY
OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING A PORTION OF
THE NORTHEAST QUARTER AND THE SOUTHEAST QUARTER OF SECTION 26,
TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO
THE OFFICAIL PLAT THEREOF.
PARCEL 9:
ALL THAT PORTION OF COSTA DEL MAR ROAD, AS SHOWN AND DELINEATED ON MAP
OF LA COSTA CONDOMINIUM NO. 4 ACCORDING TO MAP THEREOF NO. 6520, IN THE
CITY OF CARLSBAD, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, LYING WESTERLY OF A RADIAL LINE FROM THE
NORTHEASTERLY CORNER OF LOT 3 OF SAID MAP NO. 6520, HAVING A BEARING OF
NORTH 38'33'43" WEST, PER THAT CERTIFICATE OF COMPLIANCE RECORDED
NOVEMEBER 25,1981 AS INSTRUMENT NO. 81-374108 OF OFFICIAL RECORDS.