HomeMy WebLinkAboutCDP 15-52; Schmaltz, Joseph and Ann; 2016-0325789; Notice Concerning Proximity or ImpactsRECORDING REQUESTED BY &
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, California 92008-1989
DOC# 2016-0325789
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Jun 30, 2016 09:58AM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr ,
SAN DIEGO COUNTY RECORDER
FEES: $24.00
PAGES: 4
Space above this line for Recorder's use
Assessor's Parcel Number 214-023-04-00 -------C~D~P-1-5--5~2~-~S~C=H~M~A~LT~Z~
Project Number and Name RESIDENCE
NOTICE AND WAIVER CONCERNING ODOR
ENVIRONMENTAL IMPACTS
CASE NO. COP 15-52
This Declaration and Notice Concerning Odor Environmental Impacts is made by
Joseph Martin Schmaltz and Anne Varni Schmaltz , hereinafter referred to as the "Owner",
as 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 odor generated by the Encina Sewer Plant.
B. The Owner is the developer and 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 approximately 1.6 miles from the Encina Sewer Plant,
City of Carlsbad, San Diego County.
D. Owner has no control over the operations of the Sewer Plant.
E. 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 Coastal
Development Permit (COP 15-53) approved by the City of Carlsbad, which approval includes
Rev. 01/2013
214-023-04-00:
COP 15-52-SCHMALTZ RESIDENCE:
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 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 odor impacts generated by the Sewer Plant.
2 Rev. 01/2013
214-023-04-00:
COP 15-52 -SCHMALTZ RESIDENCE:
Executed this : .5 t~ day of .j 'o'(\(..: ' 20 I II .
*OWNER:
(title and organization of signatory)
(print name here)
(title and organization of signatory)
(Proper notarial acknowledgment of execution by *OWNER must be attached).
(Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant
treasurer must sign for corporations. Othe1wise, 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 individuai partner; the partnership must attach a statement of partnership
authorizing the partner to execute this instrument).
CITY OF CARLSBAD
APPROVED AS TO FORM:
CELIA A. BREWER, City Attorney
Date
3 Rev. 01/2013
ACKNOWLEDGMENT
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 San Diego
On June 15, 2014 before me, Cynthia Jean Rodriguez, Notary Public
(insert name and title of the officer)
personally appeared Joseph M. Schmaltz and Anne V. Schmaltz
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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.