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HomeMy WebLinkAboutCDP 2020-0007; Terra Bella Development LLC; 2021-0138462; Petition & WaiverRECORDING REQUESTED BY AND) WHEN RECORDED MAIL TO: ) City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 ) DOC# 202 1-0 1 38462 1111011101101111110111110 1 1111 11111 11111 11111 11111 11111 11111111 Feb 23, 2021 09:58 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $110.00 (SB2 Atkins: $75.00) PAGES: 8 Space above this line for Recorder's use Assessor's Parcel Number 214-021-11-00 Project Number and Name CDP 2020-0007 (DEV2019-0147) — TERRA BELLA DEVELOPMENT NOTICE AND WAIVER CONCERNING MULTI-IMPACTS The undersigned 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: Lot 5 in Block 24 of La Costa Downs Unit No 1, in the City of Carlsbad, County of San Diego, State of California, according to Map No. 2013, filed in the Office of the County Recorder of San Diego County, April 6, 1927 The following NOTICES are contained in this document: NOTICE CONCERNING PROXIMITY OF THE EXISTING CARLSBAD BOULEVARD TRANSPORTATION CORRIDOR NOTICE CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS NOTICE CONCERNING RAILROAD ENVIRONMENTAL IMPACTS NOTICE CONCERNING PROXIMITY OF A PLANNED OR EXISTING COMMUTER RAIL TRANSIT STATION NOTICE CONCERNING ODOR ENVIRONMENTAL IMPACTS I. NOTICE CONCERNING PROXIMITY OF THE EXISTING CARLSBAD BOULEVARD TRANSPORTATION CORRIDOR 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. B.The property is located adjacent to the Carlsbad Boulevard Transportation MULTINOISE.FRM 1 Rev 01/2013 Assessor's Parcel Number.214-021-11-00 Project Number and Name: CDP 2020-0007 (DEV2019-0147) — TERRA BELLA DEVELOPMENT 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. C.Owner has no control over the operations of the corridor including the types of vehicles, trips and traffic, nor the frequency of the trips. D.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 purchasers 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: 1.Owner has and shall develop the property in accordance with CDP 2020-0007 approved by the City of Carlsbad, which approval includes the requirement of the City of Carlsbad, that the development of the property be 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 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. II. NOTICE CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS 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 aircraft including public and private aircraft which will generate noise and other environmental impacts. B.The property is located approximately two (2) miles from the McClellan-Palomar Airport, City of Carlsbad, San Diego County (the "Airport"), operated by the County of San Diego, through which are conducted certain aircraft operations on and about said Airport and over real property in the vicinity of the Airport. C.Owner has no control over the operations of the Airport, including the types to aircraft, flight, the flight patterns of the aircraft, nor the frequency of the flights. D.It is the desire of Owner to give notice to any potential purchaser of the real MULTINOISE.FRM 2 Rev 01/2013 Assessor's Parcel Number:214-021-11-00 Project Number and Name: CDP 2020-0007 (DEV2019-0147) — TERRA BELLA DEVELOPMENT property of the air flight operation and the fact that purchasers may be subject to overflight, sight and sound of aircraft operating from the Airport. 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 CDP 2020-0007 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 of control over the operation of the Airport, including without limitation, the types or number of flight operations, types of aircraft (including jet aircraft), timing of flight operation, or frequency of flights. 3.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. 4.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 aircraft including public and private aircraft, which will generate noise and other environmental impact. Purchaser acknowledges and accepts these existing and future impacts and 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. III. NOTICE CONCERNING RAILROAD ENVIRONMENTAL IMPACTS 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 CDP 2020-0007 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. MULTINOISE.FRM 3 Rev 01/2013 Assessor's Parcel Number:214-021-11-00 Project Number and Name: CDP 2020-0007 (DEV2019-0147) — TERRA BELLA DEVELOPMENT 2.That Owner has no responsibility or control over the operation of the Railroad, 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 of the 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. IV. NOTICE CONCERNING PROXIMITY OF THE COMMUTER RAIL TRANSIT STATION RECITALS A.The purpose of this notice is to disclose to the fullest extent possible present and future potential impacts of noise and traffic generated by all manner of vehicles including public and private vehicles, which may generate noise and other environmental impacts. B.The property is located northwest of the North County Commuter Rail Transit Station (hereafter described as station) at which transportation vehicles such as automobiles, trucks, motorcycles and/or vehicles for rail and transit are proposed to travel. C.Owner has no control over the operations of the station including the types of vehicles, trips and traffic, nor the frequency of the trips. D.It is the desire of Owner to give notice to any potential purchaser of the real property of its proximity to the station and the fact that purchases may be subject to the impacts of said transportation station. NOW THEREFORE, in light of the above Recitals, owner does, for itself, and its successors and assigns, give the following notice: 1.Owner has and shall develop the property in accordance with CDP 2020-0007 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 station, MULTINOISE.FRM 4 Rev 0112013 Assessor's Parcel Number214-021-11-00 Project Number and Name: COP 2020-0007 (DEV2019-0147) — TERRA BELLA DEVELOPMENT including without limitation, the types or number of vehicles operating at the station. 3.That the vehicle operations at the station 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 and traffic generated by all manner of vehicles including public and private vehicles, 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. V. NOTICE CONCERNING ODOR ENVIRONMENTAL IMPACTS RECITALS A.The purpose of this notice is to disclose to the fullest extent possible present and future potential impacts of odor generated by the Encina Sewer Plant. B.The property is located approximately 0.25 mile from the Encina Sewer Plant, City of Carlsbad, San Diego County. C.Owner has no control over the operations of the Sewer Plant. D.It is the desire of Owner to give notice to any potential purchaser of the real property of the Sewer Plant operation and the fact that purchasers may be subject to odor impacts from the Sewer Plant 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 CDP 2020-0007 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 of the General Plan of the City of Carlsbad. 2.That Owner has no responsibility or control over the operation of the Sewer Plant. 3.The property shall be held conveyed, hypothecated, encumbered, leased, rented, used, occupied and imported 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. MULTINOISE.FRM 5 Rev 01/2013 Assessor's Parcel Number:214-021-11-00 Project Number and Name: COP 2020-0007 (DEV2019-0147) — TERRA BELLA DEVELOPMENT 4. The purpose of this Notice is to disclose to the fullest extent possible present and future odor impacts generated by the Sewer Plant. 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. MULTINOISE.FRM 6 Rev 01/2013 Assessor's Parcel Number.214-021-11-00 Project Number and Name: GDP 2020-0007 (DEV2019-0147) — TERRA BELLA DEVELOPMENT IN WITNESS WHEREOF, these Declarations of, I) Notice of corridor traffic, sight and sound; II) Notice of aircraft, sight and sound; Ill) Notice of train vibration, sight and sound; IV) Noticeg odor impacts; and V) Notice of station traffic, sight and sound are made this.?)i day of CA44._ , 20 f. *OWNER: Terra_ ge, ((a Of/Pe/0 19 ill&at C (Name of owner) By: —r1A/N`r (sign here) M Eid7 ic's (print name here) MktvtiGitz) PrgEctotz SEE ATTACHED FOR OFFICIAL ACKNOWLEpGMENT Vq-11 164 (title and organizational 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). CITY OF CARLSBAD APPROVED AS TO FORM: CEUA A. BREWER, Cjtyttorney By: k sustant ity Atlorne Date (iD 41a. 1 MULTI NO1SE.FRM 7 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 kt/- before me, Jon Scott, Notary Public (insert name and title of the officer) personally appeared V4C)Qt.0 ><C& who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/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 a d official seal. JON SCOTT Comm.# 2245614 m NOTARY PUBLIC•CALWORNIA to; SAN DIEGO COUNTY IAY CORM. EA Jury 4, 2022 " Signature (Seal)