HomeMy WebLinkAboutCDP 11-20; Ficara, Pellegrino; 2012-0404968; Notice Concerning Proximity or ImpactsHP
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2012-04049G8
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carisbad Village Drive
Carisbad, California 92008-1989
JUL 12, 2012 10:57 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernesl J. Dronenburg, Jr., COUNTY RECORDER
FEES: 0.00
PAGES:
Space above this line for Recorder's use
Assessor's Parcel Number
Project Number and Name
208-040-14 & 15
CDP 11-20/SUP 11-05-
Eucalyptus Lane
NOTICE AND WAIVER CONCERNING PROXIMITY
OF THE EXISTING
EL CAMINO REAL TRANSPORTATION CORRIDOR(S)
CASE NO: CDP 11-20/SUP 11-05
This Notice Concerning Environmental Impacts is made by Pellegrino Ficara. a married
man, hereinafter referred to as the "Owner" is developer of certain real property situated in the
City of Carisbad, 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 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.
B. The 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:
Parcels 2 and 3 of Parcel Map No. 20369, Carlsbad Minor
Subdivision No. MS 04-18, in the County of San Diego, State
of California, according to map thereof filed in the office of the
County Recorder of said County, September 26, 2007.
C. The property is located adjacent to the El Camino Real Transportation 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.
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
structure upgrades.
Noise Form #1 Rev. 04/2012
208-040-14 & 15
CDP 11-20/SUP 11-05 - EUCALYPTUS LANE
E. Owner 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 Owner 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, owner does, for itself, and its
successors and assigns, give the following notice and makes the following waiver:
1. Owner has and shall develop the property in accordance with a Subdivision
Tract/Parcel Map (MS 04-18) 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 & 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 Carisbad, 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. 04/2012
208-040-14 & 15
CDP 11-20/SUP 11-05 - EUCALYPTUS LANE
Executed this ^ p-^/l^dav of ^ 20 .
*OWNER:
(Name
(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).
CITY OF CARLSBAD
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
ByL
Assistant City Attorney
Date
Noise Form #1 Rev. 04/2012
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On 'rWvP. 710\'^ before me, tbV\auUY^ ^vjSS^
Notary Public, personally appeared ^\V-^^(\ Y\D \Cci^o~y
who proved to me on the basis of satisfactory evidence to be the person{M() whose name(«)
is/af^ subscribed to the within instrument and acknowledged to me that he/s*re/tlwy executed
the same in his/ber/ttwir authorized capacity(4€«-), and that by his/her/thetr signature(^ on the
instrument the person(«'), or the entity upon behalf of which the person(«r) 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)
SHAWN M. RUSSEL *
Commission # 1835546
Notary Public-California San Oiego County ^
Mjr Comm. Expires Feb 8 i>ni -»
Rev. 12/17/2007