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HomeMy WebLinkAboutCDP 10-16A; CPT SC Title Holding Corp; 2012-0379998; Notice Concerning Proximity or ImpactsDOCtt lllllllllll 20 2-0379998 RECORDING REQUESTED BY AND) JUN 29, 2012 8:33 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Emest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carisbad Village Drive Carisbad, California 92008-1989 13247 PAGES: Space above this line for Recorder's use Parcel No.: 214-021-12-00 Project Number and Name: CDP 10-16(A) - Moore Beach House II NOTICE OF MULTI-IMPACTS The undersigned Owner is the Developer and/or Holder of the Title to Certain Real Property in the City of Carisbad, County of San Diego, California, more fully described as: Lot 6 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 thereof 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 THE PROPOSED 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. 8 B. The property is located adjacent to the Carisbad Boulevard Transportation 13248 214-021-12-00 CDP 10-16(A) - Moore Beach House II 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 10-16(A) approved by the City of Carisbad, which approval includes the requirement of the City of Carisbad, that the development of the property be consistent with the Land Use Element and Noise Element of the General Plan of the City of Carisbad. 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 ofthe 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 Carisbad, and covenants not to sue the City of Carisbad, 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 4.1 miles from the McClellan-Palomar Airport, City of Carisbad, 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. 13249 214-021-12-00 CDP 10-16(A) - Moore Beach House il 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 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 10-16(A) approved by the City of Carisbad, which approval includes the requirement of the City of Carisbad, that the development of the property is consistent with the Land Use Element and Noise Element of the General Plan of the City of Carisbad. 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 Carisbad, and covenants not to sue the City of Carisbad, 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 Carisbad, 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 or 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. 13250 214-021-12-00 CDP 10-16(A) - Moore Beach House II 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 10-16(A) approved by the City of Carisbad, which approval includes the requirement of the City of Carisbad, that the development of the property is consistent with the Land Use Element and Noise Element of the General Plan of the City of Carisbad. 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 Carisbad, 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 north of the proposed 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 13251 214-021-12-00 CDP 10-16(A) - Moore Beach House II of said proposed 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 10-16(A) approved by the City of Carisbad, which approval includes the requirement of the City of Carisbad, that the development of the property is consistent with the Land Use Element and Noise Element of the General Plan of the City of Carisbad. 2. That Owner has no responsibility or control over the operation of the station, 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 Carisbad, 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 1.85 miles from the Encina Sewer Plant, City of Carisbad, 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. 13252 214-021-12-00 CDP 10-16(A) - Moore Beach House II 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 10-16(A) approved by the City of Carisbad, which approval includes the requirement of the City of Carisbad, that the development of the property is consistent with the Land Use Element of the General Plan of the City of Carisbad. 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. 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 Carisbad, its agents, servants or employees as to any damages or injuries resulting from said impacts. 13253 214-021-12-00 CDP 10-16(A) - Moore Beach House II IN WITNESS WHEREOF, these Declarations of, I) Notice of corridor traffic, sight and sound; II) Notice of aircraft, sight and sound; III) Notice of train vibration, sight and sound; IV) Notice of odor impacts; and V) Notice of station traffic, sight and sound are made this day of n 20 ^OWNER: (Name of owner) (sign here) / (print name here) (title and organizational of signatory) By: ^ ^ ^4^^^C<C ^^-^ (sign here)^ N (priiM 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. B/KIL, City Attorney Bv ant City Attorne ^ttome^ ^ Date 13254 STATE OF CALIFORNIA COUNTY OF SAN DIEGO On ^hr{ki^2^^\2- before me, CTQCAC^Q Notary Public, personally appeared '?)AOAQ\T. (^QOCg^ ^(j^n4Ki<^ L C^QOC^^ who proved to me on the basis of satisfactory evidence to be the person(D whose name(|J) is/i^5^subscribed to the within instrument and acknowledged to me that he/sh^/jhey)executed the same in his/her^(h^^ authorized capacitj^OesJ and that by his/herj(ffiej; signatureji) on the instrument the personal), 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 California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Signature of Notary) IIII LISA GRACIANG Commission # 1889817 San Diego County - My Comm. Expires May 17,20141 4^ MULTINOISE.FRM Rev 12/17/2007