HomeMy WebLinkAboutSDP 95-01; Carlsbad Laurel Tree Apartments LP; 1999-0503425; Notice of Restrictionc 17.43
RECORDING REQUESTED BY AND)
WHEN RECORDED MAIL TO: 1
1 City Clerk 1
CITY OF CARLSBAD
1200 Carlsbad Village Drive ' ) ) ,.
DOC A 1999-0503425
JUL 21. 1999 8:47 AM
Carlsbad, California-92008-1989 ' '
Space above this line I, irn 4~ Recorder's use
., I
Parqel Nb., 212.040-46 $,$.
NOTICE AND WAIVER CONCERNING PROXIMITY
OF THE PLANNED OR EXISTING
PARKWAY TRANSPORTATION CORR.IDOR(S)
CASE NO: 95-01/ZC 95-01/T.CPA 95-0211,FMP 87-05cB)lSDP 95-01IHDP 95-01
This Notice Concerning Environmental Impacts is made by (name of legal owner)
Carlsbad Laurel Tree Apartments, L.P., a(n) (individual, corporation, etc.) corooration ,
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.
B.
C.
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 envirbrimental impacts. Purchaser
acknowledges and 2ccepts these existilig and fulure impacts afid forever waives any and
all causes of action and covenants not to sue the City 0f.C ad, its agents, sewants or
employees as to any damages or injuries resulting fiom sai
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:
Parcel 1 of Parcel Map No. 15661, in the City of Carlsbad, County
of San Diego, State of California, filed 5/5/89 as File No. 89-23967
of Official Records.
The property is located adjacent to the Aviara Parkway 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
c
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 polential 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.
2.
3.
4.
5.
...
...
Owner has and shall develop the property in accordance with a Site Development Plan
(SDP 95-01) 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.
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.
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.
The property shall be held; coaveyed, hypot@akd, encumbered, leased, rented, used,
occupied and improved subject to this Notice.’ This Noticeshail run with the property
and shall be binding upon all parties having or .acquiring any right, title or interest in the
property.
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 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. 03/21/95
h 1745
FORM: NOISE 1: 3 OF 3
Executed this 22nd day of October ,19 98
*OWNER:
Carlsbad Laurel Tree Apts. L.P.
(Name of Owner)
By:
(sign here)
E. ROGER CALDWELL,
(print name here)
SENIOR V.P., MAAC PROJECT
(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)
(President or vice president AB secretary or assistant secretary must sign for corporations. rf
only one officer signs, the corporation Must attach a resolution certified by the secretary or
assistant secretary under corporate seai empowering that ojfcer to bind the corporation).
(rf signed by an individual partner, the pwmership must attach a statement of partnership
authorizing the partner to execute this instrument).
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
Assistant City Atto6
Noise Form #1 Rev. 03/27/95
. .. 1746
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of SAN DIEGO
10/22/98
} ss.
On , before me, Gloria Jean Nieto. Notary Public
Dale Name and Tifle of OniCer 1e.g.. "Jane Doe, Notary Public")
personally appeared E. Roger Caldwell Name(s) 01 Signer@)
,@ proved to me on the basis of satisfactory
0 personally known to me
evidence
to be the personm whose namm is/@
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/M/Wir authorized
capacity*), and that by his/!r/their
signaturem on the instrument the person@), or
the entity upon behalf of which the person@)
acted, executed the instrument.
WITNESS my hand and official seal.
OPTIONAL
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: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
0 Individual
0 Corporate Officer - Title(s):
0 Partner - 0 Limited 0 General
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:
0 1997 Naflonai Notary As~~~iallon. 9350 De Solo Am.. P.0. Box 2402 * Chalwmh, CA 91313-2402 Pmd. NO. 5907