HomeMy WebLinkAboutSDP 98-14; KEYSTONE CARLSBAD LLC; 1999-0089143; Notice Concerning Proximity or ImpactsDOC 0 1999-0089143
'JOGS FEB 1999 12 =
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SHITH, COUNTY RECORDER
FEES: 16.00
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: )
)
City Clerk )
CITY OF CARLSBAD )
1200 Carlsbad Village Drive )
Carlsbad, California 92008-1989 )1993-0089143
Space above this line for Recorder's use
Parcel No. 206-070-04
NOTICE AND WAIVER CONCERNING PROXIMITY
OF THE PLANNED OR EXISTING *
CARLSBAD BOULEVARD TRANSPORTATION CORRIDOR
CASE NO: SDP 98-14
This Notice Concerning Environmental Impacts is made by Keystone Carlsbad LLC. a
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 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 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:
The northwesterly 120.00 feet of that portion of Block "W" of
Palisades No. 2, in the City of Carlsbad, County of San Diego,
State of California, according to map thereof No. 1803, filed in the
Office of the County Recorder of San Diego County, August 25,
1924, lying southeasterly of the southwesterly line of the
northeasterly 300.00 feet of said block.
PM
4066
C. The property is located adjacent to the Carlsbad Boulevard Transportation
Corridor (hereafter described as corridor) on which transportation vehicles such as automobiles,
tracks, motorcycles and/or vehicles for rail and transit are proposed to travel.
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 Parcel Map (PM -
98-03 ) 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 and
covenants not to sue the City of Carlsbad, its agents, servants or employees as to any damages or
injuries resulting from said impacts.
v" 4067
Executed this Z- day of ^-^Wu^r^ , 19
*OWNER:
(signTlere)
(print name here)
(title and organization of signatory)
(print name here)
(title and organization of signatory)
(Proper notarial acknowledgment of execution by Contractor must be attached.)
(President or vice president AND secretary or assistant secretary must s/gn for corporations. If
only one officer signs, the corporation must attach a resolution certified by the secretary or
assistant secretary under corporate seal empowering that officer 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
Bv:
sistant City Attorney
'IOCS
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On fkbrUfrf Z \^<\ before me,
Notary Public, personally appeared Gv\f\t S>Q?p'io«n frwi $jg»5 fe-l b^r~ , |$ personally
known to me - or [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) fcffire)subscribed to the within instrument and acknowledged to me that hc/sh6^they^
executed the same in JasAa^GKer^)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.
WITNESS my hand and official seal.
^l^^^JNOT SAN DIEGO COUNTY"""^
NOTARY PUBUC • CA1/FOBNIA
I \NK£/u * SAN DI£GO CO^TY -
__^^_ ^-^^^^^^— t , ,—,
(Signature of Not;