HomeMy WebLinkAboutPUD 02-12A; WL La Costa 61/68 Associates; 2004-1201222; Notice Concerning Proximity or ImpactsDOC # 2004-1 201 222 I llllllll1lllllllllllllllllllllllllllllllllllll1llllllllllllllll11ll
DEC 21,2004 4157 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY RECORDER FEES. 2u.00 - PAGES: 5 RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: 1 1
City Clerk 1
CITY OF CARLSBAD 1
1200 Carlsbad Village Drive 1
Carlsbad, California 92008-1989 1
Space above this line for Recorder's use
1 Parcel No. 213-240-01 - 34; 213-241-01 - 27; 213-242-01 - 35; 213-243-0133
Project Number and Name: PUD 02- 12(A)/ VILLAGES OF LA COSTA GREENS NEIGHBORHOODS 1.1 1,
1.13 AND 1.14
NOTICE AND WAIVER CONCERNING PROXIMITY
OF THE PLANNED OR EXISTING
ALGA ROAD/EL CAMINO REAL-TRANSPORTATION CORRIDOR(S)
CASE NO: . PUD 02-12(A)
This Notice Concerning Environmental Impacts is made by (name of legal owner)
- WL La Costa 61 Associates, LLC and WL La Costa 68 Associates, LLC 7 a(n) (iirtlivztlzinl, corporation, etc. j Delaware Limited Liabilitv Companies 7 hereinafter referred to as the "Owners" is developer of certain real property situated in the City of
Carisbad, County of San Diego, State of California.
RECITALS
A. The purpose of this notice is to disclose to the fhllest 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.
B. The 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:
C. The property is located adjacent to the Alga Ro& El Camiono Real
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.
Noise Form # 1 Rev. 02/02/99
FORM: NOISE 1: 2 OF 3
D. The property has been developed in compliance with City and State Noise criteria
which may include mitigation in the form of setbacks, earthen berms, masonry walls and/or
structure upgrades.
E. Owner has no control over the operations of the corridor including the types of
vehicles, trips and traffic, nor the frequency of the trips.
F. 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 purchases 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 and makes the following waiver:
1. Owner has and shall develop the property in accordance with a Subdivision
Tractparcel Map (CTPM - 02-24) 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 & 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.
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Noise Form #1 Rev. 02/02/99
FORM: NOISE 1: 3 OF 3
(Name of Owner) J ‘J
?. By:
scm ,pGJygd
(print name here)
GkJ4Jt.L. bdLt+WCS La
(title and organization of signatory)
I 1 I U
(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 oficer(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).
APPROVED AS TO FORM:
RONALD R.,BALL, City Attorney
By: t
Qq+@y ‘City Attorney Y
Noise Form # 1 Rev. 02/02/99
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
Notary Public, personally appeared , [XI personally
known to me - or [ ] proved to me on the basis of satisfactory evidence to be the person@ whose
name@ ismsubscribed to the within instrument and acknowledged to me that hei'shdwy
executed the same in hisAd#mr authorized capacity(*, and that by hishe&h= signature(+
on the instrument the persono, or the entity upon behalf of which the personwacted, executed
the instrument.
SC o fl fl L$ UWYL il
WITNESS my hand and official seal.
(Signature of Notary)
Noise Form #I Rev. 02/02/99
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
.-
lz/C/1/Lrb IJ3Lu&btI M&q?Lc51rc
Name and Tile 01 Gfficer 1e.g.. “Jane Doe. Notary Public”)/
On fiww’l m@ beforeme,
Date
Name@) of Signer(+
gf personally known to me
0 proved to me on the basis of satisfactory
evidence
to be the personm whose name(& is/*
subscribed to the within instrument and
acknowledged to me that hem executed
the same in his&iWt#%k authorized
capacity(lp4, and that by hi-
signature@ on the instrument the person)@, or
the entity upon behalf of which the personw
acted, executed the instrument.
WITNESS my hand and official seal.
Sgnature of Notary Public
Though the information below is not required by law, it may prove valuable to persons rewing on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Corporate Officer - Title(s):
0 Partner - Limited 0 General
0 Guardian or Conservator
Signer Is Representing:
D 1999 National Notary Association. 9350 De Soto Ave., P.0. Box 2402. ChatswoRh, CA 913132402 w.natwnalnotaryorg Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827