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Home My WebLink AboutCDP 12-13; NP Yucaipa Acquistion GPLLC; 2013-0033103; Notice Concerning Proximity or ImpactsRECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 ft ) DOCtt 2013-0033103 lllllllllllllllllllllllllllllllllllllllli JAN 16,2013 2:11 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 48.00 V/AYS: 2 PAGES: Space above this line for Recorder's use Assessor's Parcel Number Project Number and Name 215-950-39 THRU 215-950-56 CDP 12-13 - ZEPHYR COURT SUBDIVISION 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: LOTS 1 THROUGH 18, INCLUSIVE, OF CITY OF CARLSBAD TRACT NO. CT 03-06, BLACKRAIL - 16, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15521, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY The following NOTICES are contained in this document: NOTICE CONCERNING PROXIMITY OF THE EXISTING POINSETTIA LANE TRANSPORTATION CORRIDOR NOTICE CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS NOTICE CONCERNING NOISE, ODOR, AND GENERAL OPERATIONAL IMPACTS (INCLUDING FUTURE EXPANSION) FROM THE CARLSBAD MUNICIPAL WATER DISTICT'S TWIN "D" RESERVOIR SITE I. NOTICE CONCERNING PROXIMITY OF THE EXISTING POINSETTIA LANE 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. MULTINOISE.FRM Rev. 04/2012 215-950-39 THRU 215-950-56 CDP 12-13 - ZEPHYR COURT SUBDIVISION B. The property is located adjacent to the POINSETTIA LANE 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. 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 12-13 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 1 mile 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. MULTINOISE.FRM 2 Rev 04/2012 215-950-39 THRU 215-950-56 CDP 12-13 - ZEPHYR COURT SUBDIVISION 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 12-13 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 NOISE, ODOR, AND GENERAL OPERATIONAL IMPACTS (INCLUDING FUTURE EXPANSION) FROM THE CARLSBAD MUNICIPAL WATER DISTRICT'S TWIN "D" RESERVOIR SITE RECITALS A. The purpose of this notice is to disclose to the fullest extent possible present and future potential impacts of noise, odor, and general operational impacts (including future expansion) generated by the CARLSBAD MUNICIPAL WATER DISTRICT'S TWIN "D" RESERVOIR SITE. B. The property is located adjacent to the CMWD's Twin "D" Reservoir Site, City of Carlsbad, San Diego County. C. Owner has no control over the operations of the Reservoir Site. D. It is the desire of Owner to give notice to any potential purchaser of the real property of the Reservoir Site operation and the fact that purchasers may be subject to odor impacts from the Reservoir Site. MULTINOISE.FRM 3 Rev 04/2012 215-950-39 THRU 215-950-56 CDP 12-13 - ZEPHYR COURT SUBDIVISION 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 12-13 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 ofthe City of Carlsbad. 2. That Owner has no responsibility or control over the operation of the Reservoir Site. 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 Reservoir Site. 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 4 Rev 04/2012 215-950-39 THRU 215-950-56 CDP 12-13 - ZEPHYR COURT SUBDIVISION IN WITNESS WHEREOF, these Declarations of, I) Notice of corridor traffic, sight and sound; II) Notice of aircraft, sight and sound; III) Notice of noise, odor, and general operational impacts (including future expansion) from the Carlsbad Municipal Water District's Twin "D" Reservoir Site are made this day of t^tJ^m^MfL 201^ . *OWNER: ^OuiVO^ ArC^^^^'W fy^ LtC ^ (Name of owner) (sign here (print name rfere) (title and organizational oysignatory) 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 fV M A ' / By: Assi^ant City Attorney Date MULTINOISE.FRM 5 Rev 04/2012 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Califomia County of _ } On Vb\imW ^,'^'^before me, VT)?\(^\(^,1^ Uyk^-t^LltQ [Date] personally appeared [Name of Notary Public and title "Notary Public"] [Name(s) of signer(s)] who proved to me on the basis of satisfactory evidence to be the person^ whose namej^^) subscribed to the within instrument and acknowledged to me that(^shc/thcy executed the same in^s^hef/thetr authorized capacity(i^, and that by(^^lter/their signature)^ on the instrument the personj^, 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 Califomia that the foregoing paragraph is tme and correct. ,. WITNES and and official seal. LORI MICHEL COMM #1858495 rn Notary PuWio<5alWonMa - ORANGE COUNTY ..^r^.nFm JULY 20.2013 (seal) SJXTE OF CAPF6RNIA CpWI^TY OF SAJil/DTEGO On ^^/L before me, f\i^rf-7 ^WH^ Notary Public, personally appeared ^Jp_^h\/U ^c/0^6^.A^ ^ , who proved to me on the basis of satisfactiiry evideiWe 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. (1CUK4K/ erf-C^nctd^ I certify under PENALTY OF PERJURY under the laws of the StatejjJ^jGdllTtJTTTia that the foregoing paragraph is true and correct. WITNESS iai seal. MULTINOISE.FRM Rev 12/17/2007