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HomeMy WebLinkAboutSDP 13-04; 369 Juniper Acq LLC; 2014-0016717; Notice Concerning Proximity or ImpactsRECORDING REQUESTED BY & WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 8717 I DOCtt 2014-00 luiiiiniiiHiittiin JAN 14,2014 12:14 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE ErnesU. Dronenburg, Jr., COUNTY RECORDER FEES: 24.00 PAGES: Space above this line for Recorder's use 204-240-34 Assessor's Parcel Number . ... SDP 13-04/PUD 13-07 CDP 13- Project Number and Name I6/MS 13-05 Beachwalk at Juniper NOTICE AND WAIVER CONCERNING RAILROAD ENVIRONMENTAL IMPACTS This Notice Concerning Railroad Environmental Impacts is made by 369 Juniper Acq., LLC, a California limited liability company, 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 trains, which will generate noise and other environmental impacts. B. The property is located adjacent to the North County Transit District Railway, City of Carlsbad, San Diego County through which are conducted certain railway operations on and about said railway. C. Owner has no control over the operations of the Railroad, including the types of equipment nor the frequency of the trains. D. It is the desire of Owner to give notice to any potential purchaser of the real property of the Railroad operation and the fact that purchasers may be subject to vibration, sight and sound of trains operating on the Railroad. NOW THEREFORE, in light of the above Recitals, as developer and owner of the property, does, for itself, and its successors and assigns, give the following notice: 1. Owner has and shall develop the property in accordance with SDP 13-04/PUD 13-07 CDP 13-16/MS 13-05 - Beachwalk at Juniper 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 Element and Noise Element of the General Plan of the City of Carlsbad. 2. That Owner has no responsibility or control over the operation of the Railroad, Rev. 01/2013 ' Assessor's Parcel Number: 204-240-34 Project Number and Name: SDP 13-04/PUD 13-07/CDP 13-16/MS 13-05 - Beachwalk at Juniper including without limitation, the types or number of trains, timing of, or frequency of trains. 3. That the train operations of the Railroad may create significant environmental impacts affecting the purchasers, tenants and occupants of the property and that purchasers, tenants and occupants ofthe property reside there subject to such vibration, sight and sound. 4. The property shall be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied and improved subject to this Declaration and 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 trains, which will generate noise and other environmental impacts. These transportation corridor impacts currently include, but are not limited to, locomotive and train noise, vibration and other effects generated by approximately 50 trains per day including whistle, bell, wheel, braking, and grade crossing protection noise, vibration, and lighting impacts generated from said trains. These impacts are projected to increase substantially during the period of years between 2000 and 2020, and beyond, as passenger and freight train traffic increases in the corridor. Purchaser acknowledges and accepts these existing and future impacts and forever waives any and all causes of action and covenants not to sue the City of Carlsbad, its agents, servants or employees as to any damages or injuries resulting from said impacts. Rev. 01/2013 Assessor's Parcel Number: 204-240-34 Project Number and Name: SDP 13-04/PUD 13-07/CDP 13-16/MS 13-05 - Beachwalk at Juniper Executed this *OWNER: is day of f\ez^nL?.t 20^3. (Name of *Owner) ^ (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 *OWNER 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. BRf W^p, City Attorney By^ Assistant City Attorney Date Rev. 01/2013 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of Califomia County of ^^XAYV O<e<^o OnDeC. n /20\?y beforemerRxmoAoLSydS N1ct<d&«^lL Kk>Tg^c^ TLbUd^ > (Here insert name and title of the officer) ^ personally appeared who proved to me on the basis of satisfactory evidence to be the person^s^ whose name^ is/a^ subscribed to the within instrument and acknowledged to me that he/si*e/thfy executed the same in his/her/thew authorized capacityXies), and that by his/bef/lJi©ir signature^on the instrument the person^«^ or the entity upon behalf of which the person^ acted, executed the instrument. I certily under PENALTY OF PERJURY under the laws ofthe State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public (Notary Seal) fAMELA SUEMACKELLI Commission No. 1937503 Q NOTARY PUBLIC - CALIFORNIA w SAN DIEGO COUNTY "*> Commission Expires May 21,2015 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages 3 Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER • Individual (s) • Corporate Officer (Title) • Partner(s) • Attorney-in-Fact • Trustee(s) • Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed m California must contain verbiage exactly at appears above in the notary section or a sef>arate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of Califomia. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in Califomia (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public fbr acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization • Indicate the correct singular or plural f<MTns by crossing off incoaect forms (i e. h«/shc/lheyr is /at*) or circling the correct tbrms, Failure to correctly indicate this inform^ion may lead to rejection of document recording, • The notary seal impression must be clear and photographically reproducible Impression must not cover text or lines If seal impression smudges, rc-scal if a sufficient area permits, otherwise complete a different acknowledgment form • Signature of the notary public must match the signature on file with the office of the county clerk. • Additional information is not required but could help to ensure this acknowledgment ts not misused or attached to a different document • Indicate title or type of attached document, number of pages and date • Indicate the ca|»city claimed by the signer. 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