HomeMy WebLinkAboutCT 12-05; Taylor Morrison of California LLC; 2013-0451262; Notice Concerning Proximity or ImpactsDOCtt 2013-045
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, California 92008-1989
JUL 19. 2013 10:08 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
ErnesU. Dronenburg, Jr., COUNTY RECORDER
FEES: 25.00
PAGES:
Space above this line for Recorder's use
Assessor's Parcel Number
Project Number and Name
223-050-71
CT 12-05/PUD 12-07A/ 12-02 -
La Costa Residential
NOTICE AND WAIVER CONCERNING PROXIMITY
OF THE EXISTING RANCHO SANTA FE ROAD
TRANSPORTATION CORRIDOR
CASE NO: CT 12-05/PUD 12-07A/ 12-02
This Notice Concerning Environmental Impacts is made by Taylor Morrison of
California. LLC, a California limited liabilitv companv. 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 Rancho Santa Fe 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.
F. It is the desire of Owner to give notice to any potential purchaser of the real
Noise Form #1 Rev. 01/2013
223-050-71
CT 12-05/PUD 12-07A/ 12-02 - LA COSTA RESIDENTIAL
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 12-05) 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 from said impacts.
Noise Form #1 Rev. 01/2013
223-050-71
CT 12-05/PUD 12-07A/ 12-02 - LA COSTA RESIDENTIAL
Executed this _ day of
^ 20 j3 ^OWNER:
(NarVi^f Owner) '
By:
(sign here)
(print name here)
(sign here)
(title ai^d^rganizatio^ g[ signatory)
By:
r^rint norriA hAro\ • (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. 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).
CITY OF CARLSBAD
APPROVED AS TO FORM:
CELIA A. BF^EWER, City Attorney
Date
Noise Form #1 Rev. 01/2013
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
State of California
County of Orange
On /TlaU j^,plQ/^ before me, 1^ in::ire . HL jOrHrrA^g OOblif .
'Date 1-lere Insert Name and Title of tfie Offlber '
personally appeared PK'iljp . P?od oM ithHrH ^\nrj? <
• Name(s) of Signer(s)
1 B.TATE
Cominission No. 1996083
•www P0BLK>OMJroHNW^
SANBmMROMOeoUNTY |
% Coinm &»iwtKH<niwew tt. aof I
Place Notary Seal Above
who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s).j«fare
subscribed to the within instrument and acknowledged
to me that >eysh^/they executed the same in
bis/ber/their authorized capacity (ies), and that by
his/tuer/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.
Signature: lf3 / OfCXjL
OPTIONAL
Signature of Notary Public
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: Number of Pages:
Signer(s) Other Than Named Above:
Capaclty(ies) Claimed by Signer(s)
Signer's Name:
• Corporate Officer — Title(s):
• Individual
• Partner — • Limited • General
• Attorney in Fact
• Trustee
• Guardian or Conservator
• Other:
Signer Is Representing:
RIGHTTHUMBPRINT
OF SIGNER
Top of thumb here
Signer's Name:
• Corporate Officer — Title(s):
• Individual
• Partner — • Limited • General
• Attorney in Fact
• Trustee
• Guardian or Conservator
• Other:
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
I 2010 National Notary Association • NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907