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Home My WebLink AboutGPA 16-04; GS CARLSBAD WEST OAKS OWNER LLC; 2026-0190489; Notice Concerning Proximity or ImpactsDOC# 2026-0190489 111111111111 lllll 11111111111111111111111111111111111111111111111111111 RECORDING IS REQUESTED BY THE CITY OF CARLSBAD Jul 02, 2026 11 :01 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $251.00 (SB2 Atkins: $225.00) WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO(s). : 212-110-01-00, 212-110-02-00, 212-110-03-00, 212-110-04-00, 212-110-05-00, 212-110-06-00, 212-110-07-00, 212-110-08-00, 212-040-26-00 PROJECT ID. : GPA 16-04 ------------RELATED PROJECT ID.: ZC 16-03/LCPA 16-04/SDP 16- 20/CDP 16-31/HMP 16-04/MS 2018-0005 DEV NO: 13018 ------------PROJECT NAME: West Oaks ------------ NOTICE AND WAIVER CONCERNING MULTI-IMPACTS 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: Lots 1 through 7 of Carlsbad Tract No. 82-04 Palomar Oaks. In the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 11358, filed in the Office of the County Recorder of San Diego County, October 23, 1985. In addition, that portion of that certain parcel of land shown and designated as "Description No. 3, 78,07 acres" on Record of Survey Map No. 5715, filed In the Office of the county of Recorder of San Diego County, December 19, 1960, being a portion of Lot "G" of the Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Map No. 823, filed In the Office of the County Recorder of San Diego County, November 16, 1896. The following NOTICES are contained in this document: NOTICE CONCERNING PROXIMITY OF THE EXISTING PALOMAR AIRPORT ROAD TRANSPORTATION CORRIDOR NOTICE CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS MUL TINOISE.FRM Rev 01/2013 I. NOTICE CONCERNING PROXIMITY OF THE EXISTING PALOMAR AIRPORT ROAD TRANSPORTATION CORRIDOR 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. B. The property is located adjacent to the PALOMAR AIRPORT 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. 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. D. 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 purchasers 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: 1. Owner has and shall develop the property In accordance with General Plan Amendment, Zone Change, Local Coastal Program Amendment, Site Development Plan, Coastal Development Permit, Habitat Management Plan Permit, Minor Subdivision and Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Permit Nos. GPA 16-04/ZC 16-03/LCPA 16-04/ SOP 16-20/CDP 16-31/HMP 16-04/MS 2018-0005 (DEV 13018} approved by the City of Carlsbad on May 4, 2021, 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. 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 from said impacts. MUL TINOISE.FRM 2 Rev0S/2025 II, NOTICE CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS 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. B. The property is located approximately 0.4 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 Airport. 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 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 General Plan Amendment, Zone Change, Local Coastal Program Amendment, Site Development Plan, Coastal Development Permit, Habitat Management Plan Permit, Minor Subdivision and Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Permit Nos. GPA 16-04/ZC 16-03/LCPA 16-04/ SOP 16-20/CDP 16-31/HMP 16-04/MS 2018-0005 (DEV 13018) approved by the City of Carlsbad on May 4, 2021, 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 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, MUL TINOISE.FRM 3 Rev 05/2025 Assessor's Parcel Number: 212-110-05, 212-110-06, 212-110-07, 212-110-08, 212-040-26 GPA 16-04/ ZC 16-03/LCP/\ 16-04/ SOP 16-20/ CDP 16-31/ HMP 16-04/ MS 2018-0005 (DEV 13018); WEST OAl(S IN WITNESS WHEREOF, Declarant has executed this Restrictive Covenant on the day and year first above written. "Declarant" GS CARLSBAD WEST OAKS OWNER, LLC., a Delaware limited liability company By: GS CARLSBAD WEST OAKS LLC., a Delaware limited liability company its sole member and sole manager By: PR Ill Carlsbad West Oaks Investor LLC, a Delaware limited liability company, a Member By: PR Ill West Sub REIT LLC, a Delaware limited liability company, its Sole Member By: PRISA Ill Apartment Sub REIT TRS LLC, a Delaware limited liability company its Manager By: PR Ill Apartment REIT, LLC, a Delaware limited liability company, its Manager By: PRISA Ill Investments, LLC, a Delaware limited liability company, its Manager By: PRISA Ill REIT Operating LP, a Delaware limited partnership Its Sole Member By: PRISA Ill OP GP, LLC, a Delaware limited liability company, Its General Partner By: PRISA Ill Fund LP, a Delaware limited partnership its manager By: PRISA Ill Fund GP, LLC, a Delaware limited liability company its general partner By: PRISA Ill Fund PIM, LLC, a Delaware limited liability company, its sole member By: PGIM, Inc., a New Jersey corporation its sole member By: GS Carlsbad West Oaks Manager LLC., a Delaware limited liability company a member By: Greystar Development Manager LLC., a Delaware limited liability company its sole member (Name of Developer) Raul Tamez (print name here) Authorized Signatory GS Carlsbad West Oaks LLC (title and organization of signatory) See Attached Form For Notary Upeksha Thennakoon Knox, Notary Public Dated-O 6 /2' [ 202, APPROVED AS TO FORM: CINDIE K. MCMAHON City Attorney By:C~~ Date: C. Dalton Sorlch Assistant City Attorney City of Carlsbad CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 \'\1;"' ~-~---~--~-~-~~~--~--~-~~--~-~-~~~--~--~-~~-~-~~-~--~-~~-~-~-,~-~~--~-~~~~~~---~,W,e'<?',W-~,W.W,&.< A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On \June. 26"' 1 'lo2.C:. before me, Upeksha Thennakoon Knox, Notary Public Date -Here Insert Name and Title of the Officer personally appeared ____ :R_.__.""'Q..,.\J=-1-l-Tc_._o.-=-=-ro=-"e.._1..=------------------ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ~ o o e e · o o o e o o o e f • .. UPEKSHA THENNAKOON KNOX : •• • • Notary Public· California : I .. ;: Los An11eles County ~ • ~ :e Commlssto11 If 2470248 - . My Comm. Expires Nov 8, 2027 Place Notary Sea/ Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ----------------OPTIONAL---------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ---=N---'oc..,n_:_· ..... c: .... e. ____ e_,_,ncuJ.....,__..,U.,_J ,,.,(M,,,_1 y_.__e"'--r ----"C. __ ()=f\=C'-""C._._V,._,,Oc,_I nc,_,c~-'l-~H~v~H~i·_-~I~"'-"-IPF"-0.=· =d~-s Document Date: ____________________ Number of Pages: __ -___ _ Signer(s) Other Than Named Above: _______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name:____________ Signer's Name: ___________ _ □ Corporate Officer -Title(s): _______ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □Other:-----~~~~-+-~~~~-□ Other: _____________ _ Signer Is Representing:<St G Cc:n-lsbo..d.. West-Signer Is Representing: ________ _ -ca.ks UC..