HomeMy WebLinkAboutCUP 96-19; Marriott Senior Living Services Inc; 1997-0401919; Notice of Restriction517 SAN DIEGO COUNTY RECORDER'S OFFICE OFFIC!L RECORDS
GREGORY J. SflITH, COUNTY RECORDER FEES: 19.00
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: )
) City Clerk )
CITY OF CARLSBAD
1200 Carlsbad Village Drive y ;,/
Carlsbad, California 92008-1989 ) Y,,
Space above this line for Recorder's use
Parcel No. 167-090-59-00
NOTICE AND WAIVER CONCERNING PROXIMITY
OF THE EXISTING
EL CAMINO REAL TRANSPORTATION CORRIDOR
CASE NO: CUP 96-19
This Notice Concerning Environmental Impacts is made by (name of legal owner) -
&fU%lOTY SCI.\lOpUVINC C;&.VlC?3;zUC. , a(n) (individual, corporation, etc.)
developer of certain real property situated in the City of Carlsbad, County of San Diego, State of
California.
EOAp604r1abJ , hereinafter referred to as the "Owner" is
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:
Parcels 2 and 4 of Parcel Map No. 13206, in the City of Carlsbad, County of
San Diego, State of California, filed in the Office of the County Recorder of San
Diego County, March 14, 1984 as File/Page No. 84-092419 of Official Records;
and
Parcel 3 of Parcel Map No. 13206, filed in the office of the County Recorder of
San Diego County, California, together with a portion of lot 5 in Section 32,
Township 11 South, Range 4 West, San Bernardino Meridian, according to the
Noise Form #1 Rev. 03/27/95
518
FORM: NOISE 1: 2 OF 3
Official Plat thereof, all being in the City of Carlsbad, County of San Diego,
State of California
C. The property is located adjacent to the El Camino 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.
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 Dperations 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 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.
Noise Form #I Rev. 03/27/95
519
FORM: NOISE 1: 3 OF 3
3
(print name here)
(title and organization of signatory)
Bv:
(sign here)
(print name here)
(title and organization of signatory)
(Proper notarial acknowledgment of execution by Contractor must be attached.)
(President or vice president secretary or assistant secretary must sign for
corporations. If only one officer signs, the corporation must attach a resolution cerfified
by the secretary or assistant secretary under corporate seal empowering that officer to
bind the corporation)
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
Bv: Cfyhty City Attorney
Noise Form #1 Rev. 03/27/95
520
Commonwealth of Virginia,
County of Fairfax,
On August 1, 1997 before me, Jeannette Lauler, Notary Public, personally appeared James L.
Owens, Vice President, personally known to me to be the person whose name is subscribed to the
within instrument and acknowledged to me that he executed the same in his authorized capacity
and that by his signature on the instrument the person, or entity upon behalf of which the person
acted, executed the instrument.
WITNESS my hand and official seal
Title or Type of Document: Notice and Waiver Concerning Proximity of the Existing
El Camino Real Transportation Corridor
Date of Document: July 28, 1997
Signer(s) other than named above: Brad Bryan
521
.-
CERTIFICATE
I, Jeff B. Stant, certify that I am duly elected and
qualified Assistant Secretary of MARRIOTT SENIOR LIVING SERVICES,
INC. (the "Corporation"), a Delaware corporation, and, as such,
have access to the records of the Corporation.
I also certify that the following resolution was unanimously
consented to by the Board of Directors of the Corporation on the
28th day of July, 1997:
RESOLVED, that James L. Owens, Vice President of SSL Project
Management, Architecture and Construction, for Marriott
International, Inc., is hereby authorized to execute, on
behalf of Marriott Senior Living Services, Inc. ("MSLS"),
all applications, affidavits, and other documents relating
to the planning, zoning and/or development of the parcel of
property owned by MSLS in Carlsbad, California.
IN WITNESS WHEREOF, I have affixed my official signature and
seal of the Corporation this 28th day of July, 1997.
MARRIOTT SENIOR LIVING SERVICES, INC.
//. - Jeff B. Stant, Assistant Secretary