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HomeMy WebLinkAboutCUP 10-10; Palomar Vista Congregation of Jehovah's Witnesses; 2012-0788100; Notice Concerning Proximity or Impacts5p DOC lllllllllll 2012-G788 lllllllllllllllllllllll IIIIIII GG illl DEC14,2012 11:35 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 42.00 WAYS: 2 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 PAGES: Space above this line for Recorder's use Assessor's Parcel Number Project Number and Name 213-110-16 CUP 10-10/SUP 10-03- Carlsbad Kingdom Hall NOTICE AND WAIVER CONCERNING PROXIMITY OF THE PLANNED OR EXISTING EL CAMINO REAL TRANSPORTATION CORRIDOR(S) CASE NO: CUP 10-10/SUP 10-03 This Notice Concerning Environmental Impacts is made by Palomar Vista Congregation of Jehovah's Witnesses, 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 El Camino Real 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 property of its proximity to the corridor and the fact that purchases may be subject to the impacts 5 Noise Form #1 Rev. 04/2012 213-110-16-00 CUP 10-10/SUP 10-03 - Carlsbad Kingdom Hall 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 Conditional Use Permit and Special Use Permit (CUP 10-10/SUP 10-03) 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 arid accepts these existing and future impacts and forever waives any and all causes of action against the City ofCarlsbad, 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. 04/2012 213-110-16-00 CUP 10-10/SUP 10-03-Carlsbad Kingdom Hall Executed this ^ G-^ day of I!) R-Pm x^cfy^ 20 ). *OWNER: (Name of Owner) (sign here) (print name here) (title and organization of signatory) By: JjaJu^^^^J^^A (sign here) te (print name Mere) (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: RONALD R. Assisjant City Attorney Date Noise Form #1 Rev. 04/2012 STATE OF CALIFORNIA COUNTY OF SAN DIEGO On J^gCe^t/yg^ 63f^(^ before me, "H^t^ic^ /tQoU^O Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) (^^s/^re subscribed to the within instrument and acknowledged to me that^hj/^he/they executed the same in ^§/her/their authorized capacity(ies), and that by^Siiiher/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 Ji*ik^kdha4h HERMIE AQUINO Commission # 1889269 Notary Public - California 1 (S ig natu re^piJvJota ry) J- X^*^/- San Diego County - ^^^^ My Comm. Expires May 14.2014 t Rev. 12/17/2007 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California County of biGCi* } On PgC^<55re Ol^^ihefnra me, ^g/A/O ^ A^oymy Pu^UC Date Here Insert Name and Title of the Officer personally appeared _ Name(s) of Signer{s) <fc A <i ifcit A ifc HERMiE AQUINO P Commission # 1889269 t Notary Public - California 1 San Diego County g My Comm. Expires May 14,20141 " «pB|||P^i^ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(^rj53re subscribed to the within instrument and acknowledged to me thatChe/^he/they executed the same in ^^er/their authorized capacity(ies), and that by JE^er/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 andybfficial seal Place Notary Seal Above Signature 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 Titie or Type of Document: f^OTtC^ ^UJt> UUfin{/(^ (Lpt^cep^/^fi^ P/2^Vf/vt/r^ Document Date: (Z-/Of/<^ fi-- Number of Pages: Signer(s) Other Than Named Above; I Capacity(ies) Claimed by Signer(s) Signer's Name: <^^y HULSCt^r .incorporate Officer — Title(s): • Individual Partner — • Limited • General Attorney in Fact Trustee Guardian or Conservator • Other: • • • • RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: Signer's Name: • Corporate Officer — Title(s): • Individual • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here © 2010 National Notary Association NationalNotary.org 1-800-US NOTARY (1-800-876-6827) Item #5907