HomeMy WebLinkAboutCUP 03-21; San Diego County; 2004-0174137; Notice of RestrictionDOC # 2004-0174157
MAR 03. 2004 4:50 PM
OFFICIclL RECORE
sp;N DIEGO COUNTY RECORDER'S OFFICE GREGORY J. WTH, CWt(TY RECORDER FEES: 0.00 WAY: 2 RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: 1 1
City Clerk 1
CITY OF CARLSBAD )
1200 Carlsbad Village Drive )
Carlsbad, California 92008-1989 )
Space above this line for Recorder's use
Parcel No. 213-020-18
NOTICE AND WAIVER CONCERNING PROXIMITY
OF THE PLANNED OR EXISTING
PALOMAR AIRPORT ROAD TRANSPORTATION CORRIDOR
CASE NO: CUP 03-21
This Notice Concerning Environmental Impacts is made by the Countv of San Dieno, a
political subdivision of the State of California, 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
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:
A portion of Lot G of Rancho Agua Hedionda, according to Map No.
823, filed in the Office of the County Recorder of San Diego County,
State of California on November 16, 1896
C. The property is located adjacent to the Palomar Aimort Road 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.
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 andor
structure upgrades.
Noise Form #1 Special Agreement Approved by City Attorney 02/04/04
FORM: NOISE 1: 2 OF 3
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 Conditional Use
Permit (CUP 03-15) 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 Special Agreement Approved by City Attorney 02/04/04
FORM: NOISE 1: 3 OF 3
Executed this /2m day of e@ dA-a.>/ , 20 0q .
Bv:
(sign here)
(print name here)
(title and organization of signatory)
APPROVED AS TO FORM:
ROW R. BALL, City Attorney I \ A-
SepQ City Attorney
Noise Form #1 Special Agreement Approved by City Attorney 02/04/04
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
ss
On February 12,2004
and for said County and State, personally appeared
before me, GREGORY J. SMITH, Assessor/Recorder/County Clerk in
John J. McTi&e
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) idare 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.
WITNESS my hand and official seal.
GREGORY J. SMITH, Assessor/Recorder/County Clerk
BY DOUGLAS DUBOIS - Deputy