HomeMy WebLinkAboutSDP 97-25; Kelly Ranch Corporate Center I LLC; 2000-0383931; Notice of RestrictionRECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO:
City Clerk 1
CITY OF CARLSBAD )
1200 Carlsbad Village Drive )
Carlsbad, California 92008-1989
Space above this line for Recorder's use
I ParcelNo. 212-040-35. 54.63 & 65
NOTICE AND WAIVER CONCERNING PROXIMITY
OF THE PLANNED OR EXISTING
Palomar Airport Road & Aviara Parkway TRANSPORTATION
CORRIDOR(S)
CASE NO: SDP 97-25ICDP 97-52
This Notice Concerning Environmental Impacts is made by (name of legal owner)
Kelly Corporate Center I, LLC , a(n) (individual,
corporation, etc.) Limited Liabilitv Comoany
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 andor holder of the title to certain real property in the
City of Carlsbad, County of San Diego, California, more fully described as:
Parcels 1 & 2 of City of Carlsbad Boundary Adjustment No. 494 & Parcel 2 of City of
Carlsbad Boundary Adjustment No. 388, excepting therefrom the portion lying easterly
of Aviara Parkway
C. The property is located adjacent to the Palomar Airport Road and Aviara
Parkway Transportation Corridors (hereafter described as corridor) on
Noise Form #I il <; Rev. 02/02/99
FORM: NOISE 1: 2 OF 3
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 operations of the comdor 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 Site Development
Plan and Coastal Development Permit (SDP 97-25KDP 97-52) 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 comdor,
including without limitation, the types or number of vehicles operating on the comdor.
3. That the vehicle operations on the comdor 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 hllest 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
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FORM: NOISE 1: 3 OF 3
Executed this I 3M day of
*OWNER:
Kelly Corporate Center I, LLC
A Delaware limited liability company
(Name of Owner)
By: Allen Development of Southem
California, LLC, a California corporation,
manager
Kevin A. Noel1
(print name here)
Chief Operating Officer
(title and orpization of signatory)
(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 officer(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).
APPR VEDAS TO FORM:
RONAL R. BALL Cit ttorney
Bv: \o 13 3-
Dep y City Attorney
Noise Form #1 Rev. 02/02/99
6.6 9 2
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On S-(O-~O before me,
Notary Public, personally appeared A.. UnAC , [%ersonally
known to me 1 eviaencL to be the person(++whose
name@ is/= subscribed to the within instrument and acknowledged to me that helddthey
executed the same in hisAedtkeir authorized capacity@), and that by his/lw&h&r signature@
on the instrument the person(+, or the entity upon behalf of which the person(sfacted, executed
the instrument.
\ r- c. L"
WITNESS my hand and official seal.
Noise Form #1 Rev. 02/02/99