HomeMy WebLinkAboutSDP 01-17; Dove Family Housing Associates LP; 2003-0846397; Notice of RestrictionDOC # 2003-0846397
JUL 3-69 2003 12~54 PPI
OFFICIAL RECORDS !?I# DIEGO COUNTY RECORDER'S OFFICE GWlRY J. s)IIITH, COUNTY RECORDER FEES: 19.00
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: 1 1
City Clerk )
CITY OF CARLSBAD )
1200 Carlsbad Village Drive )
Carlsbad, California 92008-1 989 )
Space above this line for Recorder's use
ParcelNo. 2-13 -112 -07
NOTICE AND WAIVER CONCERNING PROXIMITY
OF THE PLANNED OR EXISTING
ALGA ROAD TRANSPORTATION CORRIDOR(S)
CASE NO: SDP 0 1 - 17
This Notice Concerning Environmental Impacts is made by Dove Familv Housing
Associates, a California Limited Partnership, 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. 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:
C. The property is located adjacent to the Aka Road 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.
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.
Noise Form #1 Rev. 02/02/99
FORM: NOISE 1: 2 OF 3
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
Map (CT 99-03) 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 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 fi-om said impacts.
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Noise Form #1 Rev. 02/02/99
FORM: NOISE 1: 3 OF 3
Executed this a day of SULY?, ,2003 .
*OWNER:
Dove Family Housing Associates, L.P.
(Name of Owner)
Susan M. ReynoldsyExecutive Director
Community HousinqWorks, G.P.
(prin&une here)
,/ (ti& and organization of signatory)
J
John R. Mawhinney
(print name here)
President, Community HousingWorks, G.P.
(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 officer(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
puty City Attorney fl
Noise Form #1 Rev. 02/02/99
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On foLcy 2. am=
Notary Public, personally appeared sJ%Ad PI-& ~9 o ~lrs , personally
known to me - or [ ] proved to me on the basis of satisfactory evidence to be the personf&ffwhose
namm is/= subscribed to the within instrument and acknowledged to me that ketsheltkey
executed the same in&dher/tkcir authorized capacitw, and that by his/her/tkeifsignature(s)
on the instrument the persowor the entity upon behalf of which the personwacted, executed
the instrument.
before me, &o & d T, JEST-
WITNESS my hand and official seal.
/7
CAROLYN J. WEST
Commission# 1348710
San Diego County
Notary Public - California f
(Signature of Notary)
Noise Form #1 Rev. 02/02/99
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On before me, zr 3m-
Notary Public, personally appeared awl It 4klJdH.rrJhgC* , personally
known to me - or [ ] proved to me on the basis of satisfactory evidence to be the perso* whose
namw ish subscribed to the within instrument and acknowledged to me that he/.qheAhq
executed the same in his/hd&es * authorized capacity@$, and that by his- ' signature@'
on the instrument the personM, or the entity upon behalf of which the person@ acted, executed
the instrument.
WITNESS my hand and official seal.
(Signature of Notary)
Noise Form #1 Rev. 02/02/99