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HomeMy WebLinkAboutSP 201; La Costa Downs LP; 1995-0251479; Notice of Restrictionldi CITY CLERK AND WHEN RECORDED MAIL TO: CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CA. 92003 , ." IF1 1.00 978666-02 '> Y. nus SPACE FOP. RECORD.V~S USE OM^ (NOTICES) INDEX AS COVENANT 828 RECORDING REQUESTED BY AND ) WHEN RECORDED RETURN TO ' ) City Clerk ) Ci.9 of Carlsbad ) 1200 Carlsbad Village Drive 1 Carlsbad, CA 92008 1 "W ) 9 " 0/78b& -0P ) 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 desmid as: LOT EIGHT (8) 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 corny. The following NOTICES are contained in this document: NOTICE CONCERNING PROXIMITY OF THE EXISTING CARISBAD BOULEVARD TRANSPORTATION CORRIDOR NOTICE CONCERNING AIRCm ENVIRONMENTAL IMPACTS NOTICE CONCERNING RAILROAD ENVIRONMENTAL IMPACTS NOTICE CONCERNING PROXIMITY OF THE PROPOSED COMMUTER RAIL TRANSIT STATION NOTICE CONCERNING ODOR ENVIRONMENTAL IMPACTS a I. NOTICE CONCERNING PROXIMITY OF TEE EXISTING CARLSBAD BOULEVARD TRANSPORTATION CORRIDOR 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 disclose to the fullest extent possible present and future generate noise and other environmental impacts. B. ThepropertyislocatedadjacenttotheCarlsbadBoulevardTransportationCorridor(hereaf1er descrlded as corridor) on which transportation vehicles such as automobiles. trucks, motorcycles and/or vehicles for rail and transit are proposed to travel. and traffic, nor the frequency of the trips. C. Owner has no control over the operations of the comdor including the types of vehicles, trips 1 MULTINOISEFRM rev. 2,28195 - D. It is the desire of Owner to gie notice to any potential purchaser of the real property of its proximity to the corridor and the fact that purchasers may be subject to the impacts of said proposed transportation corridor. NOW TAEREFORE, 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 llement and Noise Element of the General Plan of the City of Carlsbad. 1. Owner has and shall develop the property in accordance with Specifif 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. 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 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 generate noise and other environmental impacts. Purchaser acknowledges and accepts these existing and potential impacts of noise generated by all manner of vehicles including public and private vehicles which will 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 AIRCRAFI‘ ENVIRONMENTAL IMPACI’S REClTALS 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. B. The property is located approximately 3 miles from the McClellan-Palomar Airport, City of Carlsbad, San Diego County (the “Avrt”), 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 Airport. ~ . ..~.. the flight patterns of the aircraft, nor the frequency of the flights. C. Owner has no control over the operations of the Airport, including the types to aircraft, flight, air flight operation and the fact that purchasers may be subject to overflight. sight and sound of aircraft D. It is the desire of Owner to give notice to any potential purchaser of the real property of the operating from the Airport. NOW, TAEREFORE, 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 MULTINOISEJRM rev. 2/28/95 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. 3. 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. 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 aoy damages or injuries resulting from said impacts. 1x1. NOTICE CONCERNING RAILROAD ENVIRONMENTAL JMPACTS REmm 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, including 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 Railroad operation and the fact that purchasers may be subject to vibration, sight and sound of trains operating on the Railroad. NOW THEREFORE, in light of the above Recitals, as developer and mer of the property, does, for itself, and its SUCXXSSOK and assigns. give the following notice: 1. the City of Carlsbad, which approval includes the requirement of the City of Carlsbad, that the development Owcer hrs 2nd shell develop the property in arrordance 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 or control over the operation of the Railroad, including without limitation, the types or number of trains, timiig 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 mate significant envLonmental impacts the property reside there subject to such vibration, sight and sound. 3 MULTMOISEFRM rev. 2r28/95 4. occupied and improved subject to this Declaration and Notice. This Notice shall run 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 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 PROXIMITY OF THE COM”ER 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 noke and other environmental impacts. (hereafterdescnbedasstation)atwhichtransportationvehiclessuchasautomobiles,trucks,motorcyclesand/or B. The property is located north of the proposed North County Commuter Rail Transit Station vehicles for rail and transit are proposed to travel. and traffic, nor the frequency of the trips. C. Owner has no control over the operations of the station including the types of vehicles, trips proximity to the station and the fact that purchases 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 station. 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 is 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 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, indudmg 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 potential impacts of noise and traffx generated by all manner of vehicles including public and private vehicles which will generate noise and other environmental impads. Purchaser acknowledges and accepts these existing Carlsbad, its agents, servants or employees as to any damages or injuries resulting from said impacts. and future impacts and forever waives any and all causes of action and covenants not to sue the City of 4 MULTINOISEFRM rev. mm v. NOTICE CONCERNING ODOR ENVlRONMENTAL IMPACTS pEClTALS A. The purpose of this notice is to disclose to the fullest extent possible present and future potential impacts of odor generated by the Ehcina Sewer Plant. B. The property is located approximately % mile from the Encina Sewer Plant, City of Carlsbad, San Diego County. 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 amrdance with Specific Plan 201 approved by the City of Carlsbad, which approval indudes 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. 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 sball 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 impacts generated by the Sewer Plant. 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. IN Of aimraft, sight and sound; m) Notice Of train vibmtion, si and sou& Netice of odor imp and wHEREoF, these DceLrations Of, 0 Notice of conidor trmillc, sight and sound; n) ti,.. this &day of 'AE, , 19fp 41: Robert H. Barelmann, General Partner By: CpcisW 3iuh)s b-P. By: Mollie M. Rowan CALIFORMA ALLPURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN DlECO oa before me, Noty~kP"UWwwpp.rrd hmmmcbuEso**~~~evidnrctobethe~ras(r)~~~)bl~pp.rr~~~.lbrd~&~~~~~~d~~~~ ~O~~lmonatome-or{)pmvm~ to me Ibt ex" hhi*ber/Qir .uthol.hrd upucitr(la),md Ibt by hlrmer/(lrir rissltorr(*) oll b-1 w=(sh 01 upon L" orww tbe pwa) =ted, thr inrtlrunenL WITNSSG my hd lad nfi?eii sal 533 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** P!%WWJlIc$W~/WhW/W 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 he/she/they executed the same in his/herltheir 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. FOR NOTARY SEAL OR STAMP STATE OF CALIFORNIA, COUNTY OF 5an } S.S. On c+;\ aq! ms , before me, 5. ' appeared and m6l\ie Row. , a Notary Public in and for said County and State, personally 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. Signature I FOR NOTARY SEAL OR STAMP TE 160 Legal (2-94) This form IS furnished by Chicago Title Company