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HomeMy WebLinkAboutCT 14-01; State and Oak LLP; 2017-0012956; Notice Concerning Proximity or ImpactsRECORDING REQUESTED BY & ) WHEN RECORDED MAIL TO: ) City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 ) ) ) ) ) DOC# 2017-0012956 1111111111111111111111111111111111111111111111111111111111111111111111 Jan 10, 2017 09:42 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr , SAN DIEGO COUNTY RECORDER FEES $27.00 PAGES 5 Space above this line for Recorder's use Assessor's Parcel Number Project Number and Name 203-297-06-00, 203-297-08-00, 203-297-09-00 CT 14-01/RP 14-01 -State Mixed Use 30 NOTICE AND WAIVER CONCERNING RAILROAD ENVIRONMENTAL IMPACTS This Notice Concerning Railroad Environmental Impacts is made by State & Oak, LLP, a limited liability partnership, 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 CT 14-01/RP 14- 01 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: 203-297-06-00, 203-297-08-00, 203-297-09-00 Project Number and Name: CT 14-01/RP 14-01-STATE MIXED USE 30 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: 203-297-06-00, 203-297-08-00, 203-297-09-00 Project Number and Name: CT 14-01/RP 14-01-STATE MIXED USE 30 Executed this _ _.L~c~_-, Il-_~'~ __ day of _L...;;...!)_~_~.::::_c:;,_M__;__t.;S:>,L_&:_,<>_,~-· 2o.L{__. *OWNER: By: (sign here) ;:S1'£v~N cox (print name here) V/~e Pre-.:5J-jJ,'>-f (title and organization of signatory) By: (sign here) (print name here) (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 APPROVED AS TO FORM: CELIA A. BREWER, City Attorney By: /S};f!:fdity~ Date {} (t '1 /(c, 3 Rev. 01/2013 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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. Name(s) of Signer(s) 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. Place Notary Sea/ Above 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 ~ /V ~ /du Signature of Notary Public -----------------------------oPTIONAL----------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ,Vo±t~~ e1nd \Vii V'r~i~LDocument Date: l~:-L_I ~----~­ Number of Pages: ...3 Signer(s} Other Than Named Above: ----------------------------· Capacity(ies) Claimed by Signer(s) Signer's Name: ___ _ 1 l Corporate Officer -Title(s): i ! Partner -i Limited 1 General i i Individual Attorney in Fact ·Trustee Guardian or Conservator Other: ______ -----~----- Signer Is Representing: _________ _ -------------------·----- Signer's Name: ____________________ _ • Corporate Officer -Title(s}: __________________ _ Partner - ' Limited General Individual Trustee • Other: Attorney in Fact Guardian or Conservator Signer Is Representing: ~'§G§<;;g,~~·~s~K):§i'~~~?i~~~'!il'<)':§()'§<:l~§!<;i'!'"<:l@()~)~f'<>'§<:l§o<;§<,."§K>~~~~ ©2014 National Notary Association o www.NationaiNotary.org o 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT "A" Legal Description For APN/ParceiiD(s}: 203-297-06-00, 203-297-08-00 and 203-297-09-00 Lots 16, 17·and 18 of Subdivision of a Portion of Tract 106 of Carlsbad Lands, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1710, filed in the Office of the County Recorder fo San Diego County, December 9, 1919 CLTA Preliminary Report Form-Modified (Adopted: 11.17.2006) Printed: 03.02.15@ 05:53PM CA-CT -FWD0-02180.055820-SPS-1-15-73715002656