HomeMy WebLinkAboutCUP 99-30; West Development Inc; 2002-0238474; Notice of RestrictionI3oc # 2002-0238474
RECORDING REQUESTED BY AND I
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, California 92008-1989
SAN DIEGO CWNTY RECORDER'S OFFICE
FEES: 17.00 GKGORY 3. SMITH! CWNTY MECOKDER
I Space above this lie for Recorder's use
:Lr ParcelNo. 210-010-38
t C' NOTICE AND WAIVER CONCERNING PROXIMITY
OF PLANNED OR EXISTING UTILITY DISTRIBUTION FACILITIES
CASE NO.: CUP99-30PUD 00-109MS 99-16 - CANNON COURT
This Notice Concerning Proximity of Planned or Exjstii Utility Distribution Facilities
("Notice") is made by WEST DEVELOPMENT, INC., a Nebraska corporation ("Owner") as
developer of certain real property situated in the City of Carkbad ("City"), County of San Diego,
State of California.
RECITALS
A. The purpose of this Notice is to disclose to the mest extent possible present and
future potential impacts of the planned use and development of adjacent property by its owner
for high voltage generation, storage, maintenance, transmission or distribution facilities
("Encinas Power Plant"), which will generate noise and other environmental impacts
("Impacts"). Potential buyer acknowledges and accepts these existing and future Impacts and
forever waives any and all causes of action against the City, and covenants not to sue the City, its
agents, servants or employees as to any damages or injuries resulting fiom said Impacts.
B. The Owner is the developer andor holder of the title to certain real property (the
"Cannon Court Property") in the City of Carkbad, County of San Diego, California, more fully
described as:
That portion of Lot "H" of Rancho Agua Hedionda, in the City of Carlsbad,
County of San Diego, State of California, according to Petition Map thereof
No. 823, filed in the Of!ice of the County Recorder of San Diego County,
November 16,1896
C. The Cannon Court Property is located in the immediate vicinity of real property
owned or operated by San Diego Gas & Electric Company, a California corporation, ("SDG&E")
on which there is currently operated the Encinas Power Plant.
D. The Cannon Court 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.
448091.2
E. Owner has no control over the operations, development, changes to or expansion
of, or granting of access or rights of use of, the Encinas Power Plant.
F. It is the desire of Owner to give notice to any potential buyer of the Cannon Court
Property, or any portion thereof, of its proximity to the Encinas Power Plant and the fact that
buyers of parcels of the Cannon Court Property may be subject to the impacts of the Encinas
Power Plant.
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 Cannon Court Property in accordance
with a Conditional Use Permit (CUP 99-30), Planned Development Permit (PUD 00-109), and
Minor Subdivision (MS 99-16) approved by the City of Carlsbad, which approval includes the
requirement of the City that the development of the Cannon Court Property is consistent with the
Land Use and Noise Element of the General Plan of the City of Carlsbad.
2. That Owner has no responsibility or control over the operation of SDG&E
and the Encinas Power Plant, including without limitation, the types of chemicals, compounds,
materials, mixtures or substances present, released, used, generated, discharged, transmitted,
stored or disposed of on or from the Encinas Power Plant, or any residual contamination
affecting any natural resource or the environment.
3. That the present and future operations of the Encinas Power Plant or any
expansion thereof may create significant impacts affecting potential buyer, its tenants, occupants,
guests, invitees and agents and that potential buyer of the Cannon Court Property and its tenants,
occupants, guests, invitees and agents, accept their interests in the Cannon Court Property subject
to sight, sound and other physical impacts of the Encinas Power Plant operation.
4. The Cannon Court Property shall be held, conveyed, hypothecated,
encumbered, leased, rented, used, occupied and improved subject to this Notice. This Notice
shall run with the Cannon Court Property and shall be binding upon all parties having or
acquiring any right, title or interest in the Cannon Court Property.
5. The purpose of this Notice is to disclose to the West extent possible
present and future potential Impacts of noise, air quality, water quality and other environmental
impacts generated by the Encinas Power Plant and any replacement or expansions thereof, the
possibility of exposure to power lines, including usage or effects kom high voltage transmission
or storage, which will generate sound, visual or environmental Impacts. Potential buyer
acknowledges and accepts these existing and future Impacts and forever any and all
448091.2 -2-
causes of action against the City, and covenants not to sue the City, its agents, servants or
employees, as to any damages or injuries resulting fiom said Impacts.
Executed this 077 day of &&WMCq ,2002
OWNER
utsr Dtd+,h kd~ Wame of Owner
By:q& # +
(si here)
(print name here)
By:
(sign here)
(print name here)
(title and organization of signatory)
(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
ofjcer(s) signing to bind the corporation.)
(Ifsigned by an individualpartner, the partnership must attach a statement ofpartnership
authorizing the partner to execute this instrumenl).
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
44809 I .2 -3-
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
signature@ on the instrument the persono, or the entity upon behalf of which the person@$
acted, executed the instrument.
WITNESS my hand and official seal.
-Q.bhl!
(Signature ofNotary)
448091.2 -4-