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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