HomeMy WebLinkAboutSDP 06-12A; Harding 3568 LLC; 2012-0379994; Notice Concerning Proximity or ImpactsDOCtt 20-
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RECORDING REQUESTED BY AND )
JUN 29, 2012 8:33 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernesl J. Dronenburg, Jr., COUNTY RECORDER
FEES: 0.00
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, Califomia 92008-1989
13229 PAGES:
Space above this line for Recorder's use
Parcel No. 204-192-12-00
Project Number and Name: _SDP Q6-12(A) Tavarua Senior Apartments _
NOTICE AND WAIVER CONCERNING PROXIMrrY
OF THE EXISTING
California Interstate 5 TRANSPORTATION CORRIDOR(S)
CASE NO: SDP06-12(A)
This Notice Conceming Environmentai Impacts is made by {name of legal owner)
Hfti^tts^fct LV^O > a(n) (individual, corporation, etc.)
A Cftn^flLtAiA LuO . hereinafter referred to as the "Owner" is . developer of certain real
property situated in the City of Cailsbad, County of Sail Diego, State of California,
RECITALS ^y ' ^m^
A. The purpose, of this notice, is. to . disclose -to.„the fiillest extent possible present and
future potential impacts of nbise generate<i by all instnner of vehicles including public and private
vehicles which will generate hdise and other enviromnental impacts/ 1% acknowledges
and accepts these existiiig and future i 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 jfrom 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 fiilly described as:
Parcel A as shown on certificate of compliance with conditions
evidenced by document recorded September 7, 1993 as
instrument No. 93-0588928 of official records
C. The property is located adjacent to the Califomia Interstate 5
Transportation Corridor (hereafter described as corridor) on which transportation vehicles such
as automobiles, tracks, 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
Noise Form #1 Rev. 11/26/2008
13230
Assessor's Parcel Number. 204-192-12-00
Project Number and Name: SDP 06-12(A) Tavania Senior Apartments
FORM: NOISE 1: 2 OF 3
which may mclude mitigation in the form of setbacks, earthen berms, masonry walls and/or
Stmcture upgrades.
E, Owner has no control over the operations of the corridor including the types of
vehicles, trips and traffic, nor the irequency of the trips.
F. It is the desire of Owner to give notice to any potential purchaser ofthe real
property of its proximity to the corridor and the fact that purchases may be subject to the impacts
of said proposed transportation coiridor. ; ;
NOW, THEREFORE, in light of the above Recites, owner does, for itself, and its
successors and assigns, give the following notice and makes the following waiver:
1. Owner has md shall develop the property in accordance with the Site
Development Plan (SDP) approved by the City of Carlsbad, which approval includes the
requirement of the City of Carisbad, 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 ofthe corridor,
including without limitation, the types Or number of vehicles operatmg on the coitridor.
3. That the vehicle operations on the corridor; may create sigioificant impacts
affecting the purchasers^ tenants and occupants of the. property arid that purchasers, tenants and
occupants of the property reside there subject to sigtit and sound of vehicle operation.
4. The property shall be held, conveyed, hypothecated, encumbered, leased, rented,
used, occupied and iniproved subject tp 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
fiiture 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 firom said impacts.
Noise Form #1 Rev. 11/26/2008
13231
Assessor's Parcel Number: 204-192-12-00
Project Number and Name: SDP 06-12(A) Tavarua Senior Apartments
FORM: NOISE 1: 3 OF 3
Executed tiiis 30 day of fJ^H^f^^^r 20J_L_-
•OWNER:
(Name of Owner)
By: jflrn^M^ Q^t:^^
(sign here)
(print name here)
(titie and organization of signatory) V\l\CLCncfc:^ ?JSU6^ VA-C-
By: " • ' ... ^ :
(sign here)
(print name here)
(titte and organization of sigiiatoiy) / j -
(Proper notarial acknbwHedgment of execution by Contractor must 6^ attached:)
(Chairman, president or yice-predident isnd secretary, a^^^ CFO or assistant
treasurer must sign for corporations. Othenvise, tlie 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
Assistant City Attomey
Date
Noise Form # 1 Rev. 11/26/2008
13232
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On N^Q^ ^^^Q\\ before me.'TiLl^CM ^ AT^\1g!V>s. Notary
Public, personally appeared ^V^<;;?v,>Psv.T:> t< ."^g rse.LX- who proved to me on
the basis of satisfactory evidence to be the pQrson(fi whose nameQO \s/m% subscribed to the within
instrument and acknowledged to me that he/oho/thoy executed tiie same in his/her/liiteir authorized
capacityO^, and that by his/beBtteir signatured) on the instrument the person(|5, or the entity upon
behalf of which the person(jO acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of tiie State of Califomia tiiat tiie foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
(Signature of Notary'
TRACY HATFIELD
Commission # 1894366
Notary Public - California
I --iminr- San Diego County g
I J™*^ Mj Comm. Expires Jul 2. 2014 I
Noise Form #1 Rev. 12/17/2007