HomeMy WebLinkAboutSP 201; La Costa Downs LP; 1995-0251469; Notice of RestrictionAND WHEN RECORDED MAIL TO: 781 [KFICIIIL RECORDS
CITY CLERK
ff: 13.00 CARLSBAD, CA. 92003
RF 1. 11.00 FEES: 1200 CARLSBAD VILLAGE DRIVE
6RfGoRI SHIM' COUNTY RECORDER CITY OF CARLSBAD
W OIEGO CWNTY RECORDER'S OFFICE
25.00
nF: 1. MI
978666-02 nus SPACE FOR P.ECORDEII'J USE OMY
(NOTTCESI INDEX AS COVENANT
' 782
RECORDING REQUESTED BY AND )
WHEN RECORDED RETURN TO ' ) City Clerk )
City of Carlsbad )
1200 Carlsbad Village Drive
Carlsbad, CA 92008 f"& 1
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 descnbed as:
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON MAp THEREOF NO. 2013,
LOT THREE (3) OF BLOCK 22, LA COSTA DOWNS UNIT NO. 1, IN THE CRY OF CARLSBAD,
RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO com~y.
The following NOTICES are contained in this document:
NOTICE CONCERNING PROXIMITY OF TEE EXISTING CARLSBAD
BOULEVARD TRANSPORTATION CORRIDOR
NOTICE CONCERNING AIRCRAFF ENVIRONMENTAL IMPACTS
NOTICE CONCERNING RAILROAD ENVIRONMENTAL IMPACTS
NOTICE CONCERNING PROXIMITY OF THE PROPOSED COMMUTER RAIL TRANSIT STATION
NOTICE CONCERNING ODOR ENVIRONMENTAL IMPACTS
I. NOTICE CONCERNING PROXIMITY OF TEE EXISTING CARLSBAD BOULEVARD
TRANSPORTATION CORRIDOR
RECITALS
A. The purpose of this notice is to disdose to the fullest extent possihle 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.
described as corridor) on which transportation vehicles such as automobiles, trucks, motorcycles and/orvehicles
B. ThepropertyislocatedadjacenltotheCarlsbadBoulevardTransportationCorridor(hereaHer
for rail and transit are proposed to travel.
C. Owner has no control over the operations of the corridor including the types of vehicles, trips
and traffic, nor the frequency of the trips.
1
MULTINOISEJRM
rev. 2/28/95
" .. 783
proximity to the corridor and the fact that purchasers may be 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, 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
of the property be consistent with the Land Use Element and Noise E3ement 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
3. That the vehicle operations on the corridor may create significant impacts affecting the
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
reside there subject to sieht and sound of vehicle operation.
occupied and improved subject to this Notice. This Notice shall run with the property and shall be binding
' 4. The property shall be held, conveyed. hypothecated, encumbered, leased, rented, used,
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, servants or employees as to any damages or injuries resulting from said impacts.
11. NOTICE CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS
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.
E. The property i located approximately 3 miles from the McClellan-Palomar Airport, City of
Carlsbad, San Diego County (the "Airport"), operated by the County of San Diego, through which are
conducted certain aircraft operations on and about said Airport and over real property in the vicinity of the
Airpooit.
. . . .. ..
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
MULTINOISEXRM
rev. 2nslsS
: 184 1. Owner has and shall develop the property in accordance with Specific Plan 201 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 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 flight operations, types of aircraft (including jet aircraft), timing of
flight operation, or frequency of flights.
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.
3. The property shall be held, conveyed, hypothecated. encumbered. leased, rented, used,
4. 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 impact. Purchaser acknowledges and accepts these existing and future
impacts and 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.
111. NOTICE CONCERNING RAILROAD ENVIRONMENTAL IMPACTS
REClTALS
potential impacts of noise generated by all manner of trainswhich will generate noise and other environmental
A. The purpose of this notice is to disclose to the fullest extent possible present and future
impacts.
B. The property is located adjacent to the North County Transit District Railway, City of
Carlsbad, San Diego County through which are conducted certain railway operations on and about said railway.
C. Owner has no control over the operations of the Railroad, includmg the types of equipment
nor the frequency of the trains.
Railroad operation and the fact that purchasers maybe subject toviiration, sight and sound oftrains operating
D. It is the desire of Owner to give notice to any potential purchaser of the real property of the
on the Railroad.
NOW TAEREFORE, 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:
1. Owner hrs and shcll develop the pro.wrty in amrdance with Specific Plan 201 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 Element and Noise Element of the General Plan of the City
of Carlsbad.
2. That Owner has no responsibility or control over the operation of the Railroad, indudmg
without limitation, the types or number of trains, timing of, or frequency of trains.
affecting the purchasers, tenants and occupants of the property and that purchasers, tenants and occupants of
3. That the train operations of the Railroad may create significant environmental impacts
the property reside there subject to such vibration, sight and sound
3
MULTINOISE.FRM
rev. 2/28/95
..
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.
4. ne property shall be held, conveyed, hypothecated, encumbered, leased, rented; uszb 5
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 trains 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.
w. NOTICE CONCERNING PROXIMITY OF THE COMMUTER RAIL TRANSIT
STATION
REClTALS
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 noke and other environmentai impacts.
(hereafterdescnbedasstation)atwhichtransportationvehiclessuchasautomobiles,trucks,motorcyclesandlor
B. The property is located north of the proposed North County Commuter Rail Transit Station
vehicles for rail and transit are proposed to travel.
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 "EREFORE, 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
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 tbe vehicle operations at the station may create signiticant 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
potential impacts of noise and traffc 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 aU 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
MULTMOISEFRM
rev. U28155
v. NOTICE CONCERNING ODOR ENVIRONMENTAL I"ACl'S
RECITALS
78 6
potential impacts of odor generated by the Encina Sewer Plant.
A. The pupse of this notice is to dsdose to the fullest extent possible present and future
San Diego County.
B. The property is located approximately %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 owner of the property, does, for itself,
and its successors and assigns, give the following notice:
1. Owner has and shall develop the property in accordance with Specific Plan 201 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 Element of the General Plan of the City of Carlsbad.
2. That Owner has no responsibility or control over the operation of the Sewer Plant.
occupied and imported subject to this Declaration and Notice. This Notice shall run with the property and
3. The property shall be held conveyed, hypothecated, encumbered, leased, rented, used,
shall be binding upon all parties having or aquiriig any right, title or interest in the property.
impacts generated by the Sewer Plant. Purchaser acknowledges and accepts these existing and future impacts
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,
servants or employees as to any damages or injuries resulting from said impacts.
lN w*TNEss the Declarations of, r) Notice of conidor traffic, sight sound; n) ti^^
Of limn% sight and sound; m) Notice of train vibration, si and Notice of odor im aEtS; his day of -i%mL.19&.
Robert H. Balmann, General Partner
LA WSTh CT"hdS Le
CfilFTXNlA AI&PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO
} S.S.
78 7
on APRIL 14, 1995 , before me, ** LISA STURTEVANT **
, a Notary Public in and for said County and State, personally
appeared **ROBERT H. BARELMANN**
PB~J/)c~$$\cocfi/W~nallW Proved to me on the basis of satisfactory evidence) to be
the person(s) whose name@) islare subscribed to
the within instrument and acknowledged to me that
helshelthey executed the same in hislherltheir
authorized capacity(ies), and that by hislherltheir
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person@)
acted, executed the instrument.
FOR NOTARY SEAL OR STAMP
STATE OF CALIFORNIA,
COUNTY OF } S.S.
On , before me,
, a Notary Public in and for said County and State, personally
appeared
personally known to me (or proved to me on
the basis of satisfactory evidence) to be
the person(s) whose name(s) islare subscribed to
the within instrument and acknowledged to me that
helshelthey executed the same in hislherltheir
authorized capacity(ies), and that by hislherltheir
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
FOR NOTARY SEAL OR STAMP
Signature
TE 160 Legal (2-94)
This form is furnlshed by Chicago Title Company