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Home My WebLink AboutCT 16-07; Selna, Marja Dawn; 2021-0623483; Notice Concerning Proximity or ImpactsDOC# 2021-0623483 111111111111 lllll 111111111111111111111111111111 IIIII IIIII IIIII IIII IIII Sep 01 , 2021 03:31 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $1 76.00 (S82 Atkins: $150.00) RECORDING REQUESTED BY AND) WHEN RECORDED MAIL TO: ) PAGES: 5 City Clerk CITY OF CARLSBAD ) ) ) ) ) 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 Space above this line for Recorder's use Assessor's Parcel Number 207-101-35-00, 207-101-37-00 ---------'------Project Number and Name CT 16-07 /PUD 16-09/PUD 2018-0007 /SDP 2018-0001/ CDP 16-33/ HOP 16-02/SUP 16-02/EIR 201 7-0001 (DEV16038) -Marja Acres NOTICE AND WAIVER CONCERNING PROXIMITY OF THE PLANNED OR EXISTING EL CAMINO REAL TRANSPORTATION CORRIDOR(S) CASE NO: CT 16-07/PUD 16-09/PUD 2018-0007/SDP 2018-0001/ CDP 16-33/ HOP 16- 02/SUP 16-02/EIR 2017-0001 This Notice Concerning Environmental Impacts is made by Marja Dawn Selna hereinafter referred to as the "Owner" 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 holder of the title to certain real property in the City of Carlsbad, C~unty of San Diego, California, more fully described as: Noise Form #1 PARCEL 1: PARCEL "8" OF CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT PLAT FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 30, 2013 AS DOCUMENT NO. 2013-0338927 OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF PARCEL 2 OF CERTIFICATE OF COMPLIANCE FILED IN THE OFFICE OF THE COUNTY RECORDER OF Rev. 01/2013 . Assessor's Parcel Number: 207-101-35-00, 207-101-37-00 Project Number and Name: CT 16-07/PUD 16-09/PUD 2018-0007/SDP 2018-0001/ CDP 16-33/ HOP 16-02/SUP 16-02/EIR 2017- 0001 (DEV16038) -Marja Acres SAN DIEGO COUNTY, SEPTEMBER 22, 1982 AS FILE NO. 82-293200 OFFICIAL RECORDS, SAID POINT ALSO BEING THE NORTHEAST CORNER OF SAID PARCEL "B"; THENCE SOUTH 01 °58'54" WEST 315.79 FEET; THENCE SOUTH 64°58'15" WEST 1291.66 FEET; THENCE NORTH 76° 18'48" WEST 361.82 FEET; THENCE NORTH 18°32'12" EAST 525.56 FEET; THENCE NORTH 83°17'35" EAST 654.12 FEET; THENCE NORTH 87°30'41" EAST 333.00 FEET; THENCE NORTH 77°50'00" EAST 275.0·1 FEET; THENCE NORTH 01°58'54" EAST 124.51 FEET; THENCE NORTH 87°27'37" EAST 110.00 FEET TO THE NORTHEAST CORNER OF SAID PARCEL "B". PARCEL 2: Noise Form #1 PARCEL "A" OF CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT PLAT FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 30, 2013 AS DOCUMENT NO. 2013-0338927 OFFICIAL RECORDS; PARCEL "A" CONSISTS OF PARCEL 1 OF PARCEL MAP NO. 3451 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 31, 1975 AS FILE NO. 75-023997 OFFICIAL RECORDS AND A PORTION OF PARCEL 2 OF CERTIFICATE OF COMPLIANCE FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 22, 1982 AS FILE NO. 82~293200 OFFICIAL RECORDS, TOGETHER WITH THAT PORTION OF LOTS I AND E OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY NOVEMBER 16, 1986, LYING WITHIN EL CAMINO REAL (COUNTY ROAD SURVEY NO. 682) AS VACATED AND ABANDONED BY . RESOLUTION RECORDED DECEMBER 21, 1976 AS FILE NO. 76-428052 OFFICIAL RECORDS; PARCEL "A" IS DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 1; THENCE ALONG THE NORTHERLY PROLONGATION OF THE WESTERLY LINE OF SAID PARCEL 1, NORTH 18°32'12" EAST, 11.32 FEET.TO A POINT ON THE ARC OF A NON-TANGENT 1673.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 26°43'20" WEST, SAID CURVE BEING SOUTHERLY AND CONCENTRIC WITH THE CE.NTERLINE OF ROAD SURVEY 1800-1 , ON FILE IN THE OFFICE OF COUNTY SURVEYOR OF SAN DIEGO COUNTY; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22°59'39" AN ARC DISTANCE OF 671.41 FEET TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL 1, A RADIAL LINE TO SAID POINT BEARS NORTH 3°43'41" EAST; THENCE NON-TANGENT TO SAID CURVE AND CONTINUING ALONG THE NORTHERLY LINE OF SAID PARCEL 1 NORTH 87°27'37" EAST, 205.36 FEET TO THE NORTHEAST CORNER OF SAID PARCEL 1, SAID POINT ALSO BEING THE NORTHWEST CORNER OF SAID PARCEL 2; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 2 NORTH 87°27'37" EAST, 263.56 FEET; THENCE LEAVING SAID NORTHERLY LINE SOUTH 01 °58'54" WEST, 124.51 FEET; THENCE SOUTH 77°50'00" WEST, 257.37 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL 1; THENCE SOUTH 77°50'00" WEST, 17.64 FEET; THENCE SOUTH 87°27'37" WEST, 333.00 FEET; THENCE SOUTH 83°17'35" WEST, 654.12 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 1, SAID POINT ALSO BEING THE NORTHWEST CORNER OF SAID PARCEL 2; Rev. 01 /201 3 Assessor's Parcel Number: 207-101-35-00, 207-101-37-00 Project Number and Name: CT 16-07/PUD 16-09/PUD 2018-0007/SDP 2018-0001/ CDP 16-33/ HOP 16-02/SUP 16-02/EIR 2017- 0001 (DEV16038) -Marja Acres THENCE NORTH 18°32'12" EAST, 440.00 FEET TO THE POINT OF BEGINNING. 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 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 Tentative Tract Map, Residential Planned Development Permit, Nonresidential Planned Development Permit, Site Development Plan, Coastal Development Permit, Hillside Development Permit, Special Use Permit and Environmental Impact Report (CT 16-07/PUD 16-09/PUD 2018-0007/SDP 2018- 0001/CDP 16-33/HDP 16-02/SUP 16-02/EIR 2017-0001) 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. Noise Form #1 Rev. 01/2013 Assessor's Parcel Number: 207-101-35-00, 207-101-37-00 Project Number and Name: CT 16-07/PUD 16-09/PUD 2018-0007/SDP 2018-0001/ CDP 16-33/ HOP 16-02/SUP 16-02/EIR 2017- 0001 (DEV16038) -Marja Acres Executed this 3 f J: day of_. _,.fo-t .... Jk1 ....... 1f------' 20 dl( *OWNER: MAR.JA ./)AWN SELNA (Name of Owner) ~~nhere) &tj--~~ MARJ,A DAWN SEL/'IA. (print name here) (title and organization of signatory) 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 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). CITY OF CARLSBAD APPROVED AS TO FORM: CELIA A. BREWER, City Attorney By: AD~ A ~ Assisa'ni City At1orny L6/rffl fa , Date Noise Form #1 Rev. 01/2013 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of f2cci ~~c, } On ~\ # Jv \,/ Z..O'Z--\ before me, _:s_~ c)_~~-'-lC'--1_t _(;;_"'-.._____,,I--LfV--=---~t-«_r(:,Lt-'-ev_b_\_:c... __ _ Date Here Insert Name and Title of the Officer personally appeared _c..../\A __ ot'-r--<,.,1...~ ~-' -'-------'t)"--°'-=-vJ_t"-.... ___ .=.;~J"--_"---"'--_________________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/tl1ey 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. Place Notary Seal and/or Stomp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: -'tJ'-"--o:::...· -r,_,_· ..:.:'t.:...,e...=-----'-"'=--"'-.:.,t.""-_0.:..=._"'-=--i-v_<._r_...,,~::::::......,..:::.?-=-e ,_fl_~"""7~¥'-J.p_r..e:crf.£.!;_,...:_;_:_,_\.+Y---=--t?-'~--,---·-·- Document Date: _____________________ Number of Pages: __ \..\_;__ __ Signer(s) Other Than Named Above: ______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: o Corporate Officer -Title(s): ______ _ o Partner -o Limited o General D Individual o Trustee D Other: o Attorney in Fact o Guardian or Conservator Signer is Representing: _________ _ Signer's Name: ____________ _ o Corporate Officer -Title(s): ______ _ □ Partner -o Limited o General o Individual o Attorney in Fact o Trustee o Guardian or Conservator □ Other: Signer is Representing: _________ _ ~_a~~~,!~ila<l~88@'~~~~~~~'i®':~.'B~~~:.'lf1/L~~~~~~ t)2019 National Notary Association M1304-09 (11/20)