HomeMy WebLinkAboutCDP 92-08(A); Butler Properties LLC; 2016-0133736; Notice Concerning Proximity or ImpactsRECORDING REQUESTED BY & )
WHEN RECORDED MAIL TO: )
)
City Clerk )
CITY OF CARLSBAD )
1200 Carlsbad Village Drive )
DOC# 2016-0133736
II IIIII IIIII 111111111111111111111111111111111111111111111 IIIII I Ill lUI
Mar 24, 2016 04:59 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $27.00
PAGES: 5
Carlsbad, California 92008-1989 )
----~-----~----~--~~~~=---~~---------Space above this line for Recorder's use
Assessor's Parcel Number 203-296-07-00 ------------~~~~~~-
Project Number and Name RP 92-1 O(A)/CDP 92-08(A) -
NOTICE AND WAIVER CONCERNING
RAILROAD ENVIRONMENTAL IMPACTS
Bluewater Grill
This Notice Concerning Railroad Environmental Impacts is made by (name of legal owner) Butler
Properties LLC, a(n) 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 RP 92-1 O(A)/CDP
92-0B(A) 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.
Rev. 01/2013
Assessor's Parcel Number: 203-296-07-00
Project Number and Name: RP 92-10(A)/CDP 92-0B(A)-Bluewater Grill
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.
2 Rev. 01/2013
Assessor's Parcel Number: 203-296-07-00
L 1 Project Number and Name: RP 92-10(A)/CDP 92-08(A)-Bluewater Grill
•,/1; /! j
Executed this Y __ day of _J1:k:zc~~ , 20_lj_.
*OWNER:
Butler Properties, LLC
By:
(sign Re>r 8u/-fc:_y-. ____ _ (printl71:
(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
Assistant City Attorn
=----);z~,,__..._../ ( Jib_,_
Date
3 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 March 04, 2016 before me, William Kim, Notary Public
(insert name and title of the officer)
personally appeared Ronald J. Butler ,
who proved to me on the basis of satisfactory evidence to be the personkS]whose name~US/~
subscribed to the within instrument and acknowle?~d t? me that®'Js~/tl).e9 executed the same in
@§thptth}Cff authorized capacity(~, and that by ~/tl}e(r signature~ on the instrument the
person}sf, or the entity upon behalf of which the person.{s7acted, 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.
WILLIAM KIM
WITNESS my hand and official seal. ~ Commission # 1979441
~ Notary Public -California ~
z San Diego County :!:: l v + * " ;;Mr so~~ tx~r~~!~ Signatur~F #--:~5~'~~--(Seal)
CALIFORNIA NOTARY ACKNOWLEDGMENT
For An Individual Acting In His/Her Own Right:
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 )
-C:~ "i\. ) ss.
County of ~jJ\~~~ )
On Dt1-\~ before me Notary Public, personally appeared
~~~
who proved to m:on the basis ofsatisfaZt;y ~to be the person~ whose name~)Qaf@.subscribed to the
within instrument and ac~wledged to me that ~y executed the same in ~ir authorized
capacity(~), and that b is herltlreir signature~on the instrument the perso~, or the entity upon behalf of
which the perso.q£.s) acted, ecuted 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
[NOTARIAL SEAL]
JULIO CESi\R COBIAN
Commission # 2008267
My commission expires:
HEL6850CA (1115)