HomeMy WebLinkAboutCT 15-04; Patrick Smith, LLC; 2016-0058152; Notice Concerning Proximity or ImpactsAssessor's Parcel Number: 203-303-21-00
Project Number and Name: CT 15-04/RP 15-06-The Grand Madison
NOW, THEREFORE, in light of the above Recitals, Owner does, for itself, and its
successors and assigns, give the following notice:
1. 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.
2. 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.
3. 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.
4. 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 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.
2 Rev. 01/2013