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Home My WebLink AboutCT 07-03; Calavera Hills II LLC; 2012-0404966; Notice Concerning Proximity or Impacts4 HP RECORDING REQUESTED BY AND) WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 DOCS 2012-04049GG llllllllllllllllliiilllllllllllllllllll JUL 12, 2012 10:57 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernesl J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 PAGES: Space aoove inis iine Tor Kecoraer s use Assessor's Parcel No. 168-360-04-00 Project Number and Name: Robertson Ranch Planning Area 14 CT 07-03/ PUD 07-02 NOTICE AND WAIVER CONCERNING PROXIMITY OF THE COMMUNITY PARK, LIGHTED SPORTS FIELD, AND A FIRE STATION AT ROBERTSON RANCH PLANNING AREA 12 AND PORTION OF PLANNING AREA 13 This Notice Concerning Impacts of the proposed community park with a lighted sports field, and a fire station at Robertson Ranch Planning Area 12 and portion of Planning Area 13 Is made by Calavera Hills M. LLC, a Limited Liabilitv Corporation, hereinafter referred to as the "Developer" of certain real property situated in the City of Carlsbad, County of San Diego, State of California. RECITALS A. Developer is holder of the title to certain real property in the City of Carlsbad, County of San Diego, California, described as Robertson Ranch East Village Planning Area 14, more fully described as: Lot 4 of Carlsbad Tract No. 02-16, Robertson Ranch East Village, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 15608, filed in the office of the County Recorder of San Diego County on September 18, 2007. B. The property is located north of a proposed community park with a lighted sports field, and a fire station located on Robertson Ranch Planning Area 12 and a portion of Planning Area 13. C. Developer has and shall develop the property in accordance with the Tentative Tract Map No. CT 07-03 and Planned Development Permit No. PUD 07-02 and approvals by the City of Carlsbad, which approvals include a condition that this notice of park/fire station impacts be given to prospective residents of development within the Robertson Ranch East Village Planning Area 14. Special Notice of Proximity Approved by City Attomey APN: 168-360-04-00 CT 07-03/ PUD 07-02 Robertson Ranch Planning Area 14 FORM: COMMUNITY PARK, LIGHTED SPORTS FIELD AND FIRE STATION Page 2 of4 D. The park/fire station will be developed in compliance with City and State criteria which may include mitigation in the form of park facility setbacks, and fencing. E. However, Developer has no responsibility or control over the operation of the Community Park, the lighted sports field, or Fire Station located at Planning Area 12 and a portion of Planning Area 13, including without limitation, the types or number of activities occurring within the Community Park, Sports Field or Fire Station, or the frequency of the light usage, or the noise level from activities in the proposed Community Park, the lighted sports field, or Fire Station. F. The purpose of this notice is to disclose to any prospective purchaser, tenants, or occupants of the Robertson Ranch East Village Planning Area 14, to the fullest extent possible, present and future potential negative impacts of light and sound generated by all manner of activities at the Robertson Ranch Community Park, lighted sports field and Fire Station Site, and the Developer's Waiver of the Right to Sue and Covenant Not to Sue, for damages or injuries resulting from such impacts, which shall be binding on all its successors-in-interest. NOW, THEREFORE, in light of the above Recitals, Developer does, for itself, and its successors and assigns, give the following notice and make the following waiver and covenant: 1. The community park, lighted sports field and the fire station in Robertson Ranch Planning Area 12 and portion of Planning Area 13 may create significant negative impacts due to light and sound from activities at these various locations, affecting the purchasers, tenants, and occupants of adjacent properties. 2. Developer acknowledges and accepts these impacts and forever waives any and all causes of action against the City of Carlsbad, its agents, servants or employees, and Covenants Not to Sue, for any damages or injuries resulting from said impacts. 3. The properties within Robertson Ranch Planning Area 14 (CT 07-03/PUD 07-02) shall be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied and improved subject to this Notice. This Waiver of the Right To Sue and Covenant Not To Sue, shall run with the land and shall be binding upon all parties having or acquiring any right, title or interest in the property. Special Notice of Proximity Approved by City Attomey APN: 168-360-04-00 CT 07-03/ PUD 07-02 Robertson Ranch Planning Area 14 FORM: COMMUNITY PARK, LIGHTED SPORTS FIELD AND FIRE STATION Page 3 of 4 Executed this . day of -^e^h , 20 /O *OWNER: (Name of Owner) By: (sign here) (print name here) (title and organization of signatory) By (sign^6re) (print name here) (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. Othen/vise, 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 Assfstant City Attorney Special Notice of Proximity Approved by City Attomey CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT state of California County of San Diego ss. On February 23. 2010 before me, Gladys M. Eddy-Lee, Notary Public, personally appeared Adam D. Pevney and David R. Poole, GLADYS M. iOOV-LK Conwrmon* 1673171 Notary PubNc • CoMomiQ ion Ol«go Counfy My Comm. btpkm Jul 4.2010 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons 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. ly Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above:. Capacities Claimed by Signers Signet^s Name: • individual • Corporate Officer - Title • Partner — • Limited • General • Attomey in Fact • Trustee • Guardian or Conservator • other: Signer is representing Right Thumbprint of Signer Top of thumb here Number of Pages:. Signer's Name: • Individual Corporate Officer - Title Partner - • Limited • General Attorney in Fact Trustee Guardian or Conservator other: Signer is representing Right Thumbprint of Signer Top of thumb here