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Home My WebLink AboutEIR 15-01; Shea Homes Limited Partnership; 2017-0365283; Notice Concerning Proximity or ImpactsRECORDING REQUESTED BY AND) WHEN RECORDED MAIL TO: ) City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 ) ) ) ) ) DOC# 2017-0365283 111111111111 lllll 111111111111111 lllll lllll lllll 11111111111111111111111 Aug 11, 2017 11 :34 AM 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 Project Number and Name 213-262-06-00, 213-262-07-00, 213-262-08-00 and 213-262-09-00 EIR 15-01 (DEV12023) - UPTOWN BRESSI NOTICE AND WAIVER CONCERNING PROXIMITY OF THE EXISTING PALOMAR AIRPORT ROAD TRANSPORTATION CORRIDOR CASE NO: EIR 15-01 {DEV12023) This Notice Concerning Environmental Impacts is made by SHEA HOMES LIMITED PARTNERSHIP, 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 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. 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. Noise Form #1 Rev. 01/2013 :)._ L/ '? Assessor's Parcel Number: 213-262-06-00, 213-262-07-00,213-262-08-00 and 213-262-09-00 Project Number and Name: EIR 15-01(DEV12023)-UPTOWN BRESSI 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 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 (CT14-09) 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 Assessor's Parcel Number: 213-262-06-00, 213-262-07-00,213-262-08-00 and 213-262-09-00 Project Number and Name: EIR 15-01(DEV12023) -UPTOWN BRESSI Executed this ____ day of _________ , 20 ___ _ *OWNER: (print name here) I A-.., +-ho~·,:z.c.c) ~en±, Sheu ~)<Vlei\ L,~·,~ ~~~'F (title and organization signatory) By: ~") ~ (sign here) (print name here) (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. BREWER, City Attorney By~~ AssistanteiyAttorny '6(~/r, Date Noise Form #1 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 July 12, 2017 before me, Patty Rivas, Notary Public (insert name and title of the officer) personally appeared Sarah Morrell and Dennis Schroeder who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) )S(are subscribed to the within instrument and acknowledged to me that Kl§~/they executed the same in ~~/their authorized capacity(ies), and that by N~~m;ltheir 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 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. r··· ... PATTY RIV~ ., J ·-· OommlttiOII No 2130542 ° i . NOTARY PUBLIC: CALIFORNIA ~ c, SAN DIEGO COUNTY l t Comm~ ExpieS NcMmber 13, 201~ J AJ.,;• # (Seal)