HomeMy WebLinkAboutSP 201; La Costa Downs LP; 1995-0251467; Notice of RestrictionJWLYWlNCi IUyUtSJXD BY: - .. PqC # 1975-0251467 ‘RKJ61pDED AT THE rpEQUES, 3F: 7 CHI.%GQ .a, 15-3[jN-1995 1,2:08 - -.
AND WHEN RECORDED MAIL TO: 772 OFFICIRL RECORDS SpM DIEGO CMTY RECORDER’S OFFICE
RF: 11.00 FEES: 25.00 AF: 13.00
f$: 1.00
CITY CLERK
CITY OB CARLSBAD
1200 CARLSBAD VILLAGE DRIVE
CARLSBAD, CA. 92003
GREGORY SHITHI COUNTY RECORDER
978666-02 ?.,
nus SPACE FOR .YECORDER’S USE omiy
(NOTICES) INDEX AS COVENANT
(PICILsc fill in docurncnl lillc(s) on Ihc this linc)
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR WCORDlNG INFORMATION
(Additional recording k epplies)
6194
Rcc.Fonn P.l5
RECORDING REQUEsTED BY AND )
WHEN RECORDED RETURN TO ' ) City Clerk 1
City of Carlsbad 1
1200 Carlsbad Village Drive 1
Carlsbad, CA 92008
The undersigned 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:
LOT ONE (1) AND LOT TWO (2) OF BLOCK 22, LA COSTA DOWNS UNIT NO. 1. IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON MAP THEREOF NO.
2013, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY.
The following NOTICES are contained in this document:
NOTICE CONCERNING PROXIMITY OF THE EXISTING CARLSBAD
BOULEVARD TRANSPORTATION CORRIDOR
NOTICE CONCERNING AIRCm ENVIRONMENTAL IMPACTS
NOTICE CONCERNING RAILROAD ENVIRONMENTAL IMPACTS
NOTICE CONCERNING PROXIMITY OF THE PROPOSED COMMUTER RAU TRANSlT STATION
NOTICE CONCERNING ODOR ENVIRONMENTAL IMPACTS
I. NOTICE CONCERNING PROXI" OF THE EXISTING CARLSBAD BOULEVARD
TRANSPORTATION CORRJDOR
RECITALS .--\
potential impacts of noise generated by all manner of vehicles including public and private vehicles which will
A. The purpose of this notice is to dirdose to the fullest extent possible presenl and future
generate noise and other environmental impacts.
8. ThepropertyislocctedadjacenttotheCarlsbadBoulevardTransportationComdor(hereafter
described as corridor) on which transportation vehicles such as automobiles, trucks, motorcycles andor vehicles
for rail and transit are proposed to travel.
C. Owner has no control over the operations of the corridor including the types ofvehicles, trips
and traffic, nor the frequency of the trips.
1
MULTINOISEFRM
rev. 2/28/95
proximity to the corridor and the fact that purchasers may he subject to the impacts of said proposed
D. It is the desire. of Owner to give notice to any potential purchaser of the real property of its
transportation corridor.
NOW THEREFORE, in light of the above Recitals, mer does, for itself, and its successors and assigns, give
the following notice:
the City of Carlsbad, which approval includes the requirement of the City of Carlsbad, that the development
of the property be consistent with the Land Use Element and Noise Element of the General Plan of the City
of Carlsbad.
1. Owner has and shall develop the property in accordance with Specific Plan 201 approved by
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.
purchasers, tenants and occupants of the property and that purchasers, tenants and occupants of the property
3. That the vehicle operations on the corridor may create significant impacts affecting the
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 bindmg
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 and covenants not to sue the City of Carlsbad,
its agents, sewants or employees as to any damages or injuries resulting from said impacts.
11. NOTICE CONCERNING AIRCRAFT ENVIRONMENTAL UvlPACIS
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 aircraft including public and private aircraft which will
generate noise and other environmental impacts.
Carlsbad. San Diego County (the "Atport"), operated by the County of San Diego, through which are
B. The property is located approximately 3 miles from the McClellan-Palomar Airport, City of
conducted certain aircraft operations on and about said Airport and over real property in the vicinity of the
Airpfl.
C. Owner has no control over the operations of the Airport, including the types to aircraft, flight,
.
the flight patterns of the aircraft, nor the frequency of the flights.
D. It is the desire of Owner to give notice to any potential purchaser of the real property of the
air flight operation and the fact that purchasers may be subject to overflight, sight and sound of aircraft
operating from the Airport.
NOW, THEREFORE, in light of the above Recitals. as developer and mer of the property, does, for itself,
and its successors and assigns. give the following notice:
2
MULTINOISEFRM
rev. mi95
1.
the City of Carlsbad. which approval includes the requirement of the City of Carlsbad, that the development Owner has and shall develop the property in accordance with Specific Plan 201 approved by
of the property is consistent with the Land Use Element and Noise Element of the General Plan of the City
of Carlsbad.
2. That Owner has no responsibility of control over the operation of the Airport, including
without limitation, the types or number of night operations. types of aircraft (including jet aircraft), timing of
night operation, or frequency of flights.
3.
occupied and improved subject to this Declaration and Notice. This Notice shall rnn with the property and
The property shall be held, conveyed, hypothecated, encumbered. leased, rented, used,
shall be binding upon all parties having or acquiring any right, title or interest in the property.
potential impacts of noise generated by all manner of aircraft including public and private aircraft which will
generatenoise andotherenvironmental impact. Purchaseracknowledges and accepts these existingand future
servants or employees as to any damages or injuries resulting from said impacts.
impacts and waives any and all causes of action and covenants not to sue the City of Carlsbad, its agents,
4. The purpose of this Notice is to disclose to the fullest extent possible present and future
111. NOTICE CONCERNING RAILROAD ENVIRONMENTAL IMPACTS .
RECITALS
potential impacts of noise generated by all manner of trains which will generate noise and other environmental
A. The purpose of this notice is to disclose to the fullest extent posslble present and future
impacts.
Carlsbad, San Diego County through which are conducted certain railway operations on and about said railway.
B. The property is located adjacent to the North County Transit District Railway. City of
C. Owner has no control over the operations of the Railroad, induding the types of equipment
nor the frequency of the trains.
D. It is the desire of Owner to give notice to any potential purchaser of the real property of the
on the Railroad.
Railroad operation and the fact that purchasers maybe subject towbration, sight and sound oftrains operating
NOW THEREFORE, in light of the above Recitals, as developer and owner of the property, does. for itself,
and its successors and assigns, give the following notice:
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 Element and Noise Element of the General Plan of the City
of Carlsbad.
1. Owner hPs and shell develop the proyrty in accordance with Specific Plan 201 approved by
2 That Owner has no responsibility or control mer the operation of the Railroad, including
without limitation, the types or number of trains, timing of, or frequency of trains.
3.
affecting the purchasers, tenants and occupants of the property and that purchasers. tenants and occupants of
That the train operations of the Railroad may create signillcant environmental impacts
the property reside there subject to such vibration, sight and sound.
3
MULTINOISE.FRM
rev. 2/28195
4. The property shall be held, conveyed, hypothecated, encumbered, leased, rented, used,
occupied and improved subject to this Declaration and 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.
potential impacts of noise generated by all manner of trains which will generate noise and other environmental
all causes of action and covenants not to sue the City of Carlsbad, its agents, servants or employees as to any
impacts. Purchaser acknowledges and accepts these existing and future impacts and forever waives any and
damages or injuries resulting from said impacts.
5. The purpose of this Notice is to disclose to the fullest extent possible present and future
w. NOTICE CONCERNING PROXIhlTW OF TAE C0-R RAIL TRANSIT
STATION
RECITALS
potential impacts of noise and traffic generated by all manner of vehicles including public and private vehicles
A. The purpose of this notice is to disclose to the fullest extent possible present and future
which may generate noise and other enwonmentai inpacts.
B. 'Ihe property is located north of the proposed North County Commuter Rail Transit Station
vehicles for rail and transit are proposed to travel.
(hereafterdescribedasstation)atwhichtransportationvehiclessuchasautomobiles,trucks,motorcyclesand/or
C. Owner has no control over the operations of the station including the types of vehicles, trips
and traffic, nor the frequency of the trips.
D. It is the desire of Owner to give notice to any potential purchaser of the real property of its
proximity to the station and the fact that purchases may be subject to the impacts of said proposed
transportation station.
NOW "FIEREFORE, in light of the above Recitals, Owner does, for itself, and its successors and assigns, give
the following notice:
the City of Carlsbad, which approval includes the requirement of the City of Carlsbad, that the development
1. Owner has and shall develop the property in accordance with Specific Plan 201 approved,by
of the property is consistent with the Land Use Element and Noise Element of the General Plan of the City
of Carlsbad.
without limitation, the types or number of vehicles operating at the station.
2. That Owner has no responsibility or control over the operation of the station, including
purchasers, tenants and occupants of the property and that purchasers, tenants and occupants of the property
3. That the vehicle operations at the station may create significant impacts affecting the
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
which will generate noise and other environmental impacts. Purchaser acknowledges and accepts these existing
potential impacts of noise and traffic generated by all manner of vehicles including public and private vehicles
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.
4
MULTINOISE.FRM
rev. yzslss
v. NOTICE CONCERNING ODOR ENVIRONMENTAL "ACTS
REClTALS
777
potential impacts of odor generated by the Encina Sewer Plant.
A. The purpose of this notice is to disclose to the fullest extent possible present and future
San Diego County.
B. The property is located approximately '/a mile from the Encina Sewer Plant, City of Carlsbad,
C. Owner has no control over the operations of the Sewer Plant.
D. It is the desire of Owner to give notice to any potential purchaser of the real property of the
Sewer Plant operation and the fact that purchasers may be subject to odor impacts from the Sewer Plant.
NOW THEREFORE, in light of the above Recitals, as developer and mer of the property, does, for itself,
and its successors and assigns, give the following notice:
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 Element of the General Plan of the City of Carlsbad.
1. Owner has and shall develop the property in accordance with Specific Plan 201 approved by
2. That Owner has no responsibility or control over the operation of the Sewer Plant.
3. The property shall be held conveyed, hypothecated, encumbered, leased, rented, used,
occupied and imported subject to this Declaration and Notice. This Notice shall run with the property and
shall be binding upon all parties having or aquiriig any right, title or interest in the property.
4. The purpose of this Notice is to disclose to the fullest extent possible present and future odor
and forever waives any and all causes of action and covenants not to sue the City of Carlsbad, its agents,
impacts generated by the Sewer Plant. Purchaser acknowledges and accepts these existing and future impacts
sewants or employees as to any damages or injuries resulting from said impacts.
IN WmESS WmmoF, these khrntiODs Of, 0 Notice of corridor tmffie, si@ sod Wnd; 11)
Of airernft, si@ and Jound; lm Notice of train vibration, sip and sound; ) Notire odor impacts; and
&day of^&, 1941:
By: B* Tomm ernard White
‘. ’ .- . ,. 778
STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO } s.s
on APRIL 14, 1995 , before me, ** LISA STURTEVANT **
, a Notary Public in and for said County and State, personally
appeared **ROBERT H. BARELMANN** -
the basis of satisfactory evidence) to be
the person@) whose name@) islare subscribed to
the within instrument and acknowledged to me that
authorized capacity(ies), and that by hislherltheir
helshelthey executed the same in hislherltheir
signature@) on the instrument the person(s), or
the entity upon behalf of which the person@)
acted, executed the instrument.
WITNESS my hand and official seal.
Signature -
STATE OF CALIFORNIA,
COUNTY OF y- dm } S.S.
FOR NOTARY SEAL OR STAMP
personally known to me
th-scribed to
the within instrument and acknowledged to me that
he/s4eMey executed the same in hislbe#ek
authorized capacityw), and that by his/-
the entity upon behalf of which the personp
signature@ on the instrument the personw, or
acted, executed the instrument.
WITNESS mv hand and official seal,
t ) to be FOR NOTARY SEAL OR STAMP
TE 160 Legal (2.94)
This form is furnished by Chicago Title Company