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HomeMy WebLinkAboutPIP 08-01; KSl Wright Place Office LLC; 2012-0379993; Notice Concerning Proximity or Impacts2-0379993 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, Califomia 92008-1989 DOCtt 20 lllllllll iiniiii JUN 29. 2012 8:33 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernesl J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 13224 PAGES: 5 Space above this line for Recorder's use Parcel No. 213-091-13 PIP 08-01 - KISCO Home Office NOTICE AND WAIVER CONCERNING PROXIMITY OF THE PLANNED OR EXISTING Palomar Airport Road TRANSPORTATION CORRIDOR(S) CASE NO: PIP 08-01, KISCO Home Office This Notice Conceming Environmental Impacts is made by KSL Wright Place Office LLC, a Califomia Limited Liability Company, hereinafter referred to as the "Ovmer" is developer of certain real property situated in the City of Carlsbad, County of San Diego, State of Califomia. 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 Ovmer is the developer and/or holder of the title to certain real property in the City of Carlsbad, County of San Diego, Califomia, more fully described as: Parcel A: Lot 12 of Carlsbad Tract No. 81-46 Unit No. 1, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 11287, filed in the Office ofthe County Recorder of San Diego County, July 16,1985. Excepting thereof 50 percent of all oil, mineral, gas and other hydrocarbon substances below a depth of 500 feet under the real property described therein, without the right of surface entry, as Noise Form #1 Rev. 02/02/1999 13225 APN 212-091-13 KISCO Home Office, PIP 08-01: FORM: NOISE 1:2 OF 3 reserved by Carlsbad properties, a partnership, in a deed recorded July 5,1978 as Instrument No. 78-279136, of Official Records. Parcel B: Non-exclusive easements for the installation, repair, and maintenance of sanitary sewer, drainage facilities and walkways and also for an easement over all adjoining units and the common area for the purpose of accommodating any encroachment due to engineering errors in original construction, settlement or shifting of the buildings, or any other cause, as set forth defined, described and granted in that certain "Declaration of Covenants, Conditions, and Restrictions Carlsbad Airport Centre San Diego County, California" recorded September 12,1986 as Instrument No. 86-401456, of Official Records. C. The property is located adjacent to the Palomar Airport Road Transportation Corridor (hereafter described as corridor) on which transportation vehicles such as automobiles, tmcks, 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 stmcture upgrades. E. Ovmer 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 Ovmer 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, ovmer does, for itself, and its successors and assigns, give the following notice and makes the following waiver: 1. Ovmer has and shall develop the property in accordance with a Planned Industrial Permit (PIP 08-01) 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 Ovmer 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. Noise Form # 1 Rev. 02/02/1999 13226 APN 212-091-13 KISCO Home Office, PIP 08-01: FORM: NOISE 1: 3 OF 3 4. The property shall be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied and improved subject to this Notice. This Notice shall mn 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 fiiture 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. 02/02/1999 13227 APN 212-091-13 KISCO Home Office, PIP 08-01: FORM: NOISE 1:4 OF 3 Executed this day of ^0(/e^/<^ 2008. •OWNER: KSL Wright Place Office, LLC (Name of Ovmer) By: MU/^. ^2-^ (sign here) (print name here) (title and organization of signatory) By^ (sign here) (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). APPROVED AS TO FORM: RONALD R. BALL, City Attorney Noise Form # 1 Rev. 02/02/1999 13228 STATE OF CALIFORNIA COUNTY OF SAN DIEGO On _ before me, L^5>e^gVieg^JC»^^ ^^^g^^agc^ Notary Public, personally appeared ^^X^,^04^^^^ ^> ^i^j^k^^) , who proved to me on the basis of satisfactory evidence to be the persoijj^ whose nam^)^ is/^^ subscribed to the within instrument and acknowledged to me that hd^eH^t^^j^ executed the same in his/hpj^^jdf authorized capacity(j^^, and that by his/h^f/t^^fr' signaturej^on the instrument the personj^ or the entity upon behalf of which the person^acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal Noise Form #1 Rev. 12/17/2007