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Home My WebLink AboutCT 09-04; Ocean Park Estates LLC; 2012-0471821; Notice Concerning Proximity or Impacts'If DOCtt 2012-0471821 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIW AUG 09, 2012 8:24 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernesl J. Dronenburg, Jr., COUNTY RECORDER FEES: 24.00 PAGES: RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad Califomia 92008-1989 Parcel Nos.: 214-150-09-00; 214-150-10-00 Project No. and Name: CT 09-04 Lanikai Lane NOTICE AND WAIVER CONCERNING PROXIMITY OF THE PLANNED OR EXISTING CARLSBAD BOULEVARD NORTH COUNTY TRANSIT DISTRICT RAILROAD RIGHT-OF-WAY TRANSPORTATION CORRIDORS THIS NOTICE AND WAIVER CONCERNING PROXIMITY OF THE PLANNED OR EXISTEsfG CARLSBAD BOULEVARD NORTH COUNTY TRANSIT DISTRICT RAILROAD RIGHT-OF-WAY TRANSPORTATION CORRIDORS ("Notice") is made by OCEAN PARK ESTATES, LLC, a Califomia limited liability company (hereinafter referred to as the "Owner"), the developer of certain real property situated in the City of Carlsbad, County of San Diego, State of Califomia, more particularly described in Exhibit A attached hereto and made a part hereof ("Property"). 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 (collectively, "Impacts"). Any purchaser of the Property or any part thereof acknowledges and accepts such existing and future Impacts and forever waives any and all causes of action against the City of Carlsbad ("City"), and covenants not to sue the City, its agents, servants or employees as to any damages or injuries resulting from such Impacts. B. The Property is located adjacent to the Carlsbad Boulevard North County Transit District Railroad Right-of-Way Transportation Corridors (hereafter collectively described as "Corridors") on which transportation vehicles such as automobiles, tmcks, motorcycles and/or vehicles for rail and transit are proposed to travel. C. Owner has no control over the operations of the Corridors including the types of vehicles, trips and traffic, nor the frequency of the trips. D. It is the desire of Ovmer to give notice to any potential purchaser of the Property or of any part thereof of the Property's proximity to the Corridors and the fact that purchasers may be subject to the Impacts of said Corridors. APN: 214-150-09-00; 214-150-10-00 Project No. and Name: CT 09-04 - Lanikai Lane NOW, THEREFORE, in consideration of the foregoing recitals. Owner does, for itself, and its successors and assigns, hereby give the following notice and hereby makes the following waiver: 1. Ovmer has and shall subdivide the Property in accordance with Subdivision Tract Map (CT 09-04) approved by the City which approval includes the requirement of the City that the development of the Property is consistent with certain applicable terms of the Land Use & Noise Element of the General Plan of the City. 2. That Ovmer has no responsibility or control over the operation of the Corridors, including, without limitation, the types of number of vehicles operating on the Corridors. 3. That the vehicle operations in the Corridors 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 mn 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 generated by all manner of vehicles including public and private vehicles generating Impacts. Purchaser 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 from said Impacts. OCEAN PARK ESTATES, LLC, a Califomia limited liability company By: Core Carlsbad, LLC, a Califomia limited liability company Its Manager ^AxA-X^'O'^ By: Troy A. Shadian, Manager H-n-i^ Date APPROVED AS TO FORM: RONALD R. BALL, City Attomey By: /A</V^W/2^>U ^ K—w \^*r Assistant City Attomey Date [DMM;az/#296427vlJDOCS2_ - Notice and Waiver of Proximity.DOC/4786.001] EXHIBIT A Legal Description of Propertv That portion if Lot 1, Section 29, Township 12 South, Range 4 West, San Bemardino base and meridian, in the City of Carlsbad, County of San Diego, State of Califomia, according to the official plat thereof, lying between the State Highway and the railroad rights of way; and Excepting therefrom the south 10 acres thereof lying between the State Highway and the railroad rights-of-way with the north and south boundaries approximately parallel; and Also excepting therefrom any portion taken by the State of Califomia in Parcels 6A & 6B of final decree recorded April 23, 1952 as Document No. 50269 in Book 4444 Page 395 of Official Records; and The south 10 acres of Lot 1, Section 29, Tovmship 12 South, Range 4 West, San Bemardino base and meridian in the City of Carlsbad, County of San Diego, State of Califomia, according to the official plat thereof, lying between the State Highway and the railroad rights-of-way with the north and south boundaries approximately parallel; and Also excepting therefrom any portion taken by the State of Califomia in Parcels 6A & 6B of final decree recorded April 23, 1952 as document No. 50269 in Book 4444 Page 395 of Official Records. [DMM:az/#296427vl_IDOCS2_ - Notice and Waiver of Proxiniity.DOC/4786.001] A-1 STATE OF CALIFORNIA COUNTY OF-SANI&ffiee- ) ss. ) On A before me, /^^r^ /^^<A^>er a Notary Public, personally appeared '^^^t^.iAi^ , w^ho proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instmment, 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 instmment the person(s), or the entity upon behalf of which the person(s) acted, executed the instmment. I certify under PENALTY OF PERJURY under the laws ofthe State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature irvxii<'Ai:r)(AiiiimTiNisi COMM. #1933612 i Notary Public - California § Orange County -t My Comm. Expires Apr^23^ 2015 [ (Seal) STATE OF CALIFORNIA COUNTY OF SAN DIEGO ) ss. , a Notary Public, , who proved to me on the basis of On , before me, personally appeared satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instmment, 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 instmment the person(s), or the entity upon behalf of which the person(s) acted, executed the instmment. I certify under PENALTY OF PERJURY under the laws ofthe State of Califomia that the foregoing paragraph is tme and correct. WITNESS my hand and official seal. Signature (Seal) [DMM:az/CT0904.doc/4786.001]