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HomeMy WebLinkAboutCT 16-02; Carlsbad 17 GP LLC; 2021-0626206; Notice Concerning Proximity or ImpactsRECORDING REQUESTED BY AND) WHEN RECORDED MAIL TO: ) City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 ) ) ) ) ) DOC# 2021-0626206 111111111111 ll111111111111111111111111111111111 IIIII 11111111111111111 Sep 02, 2021 01 :33 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $98.00 (SB2 Atkins: $75.00) PAGES: 4 Space above this line for Recorder's use Assessor's Parcel Number: 155 -200 -10 -00 Project Number and Name: CT 16-02/RP 16-08, OCEAN NOTICE AND WAIVER CONCERNING PROXIMITY OF THE PLANNED OR EXISTING TRANSPORTATION CORRIDOR(S) CASE NO: ------- This Notice Concerning Environmental Impacts is made by Carlsbad 17 GP//, a California limited liability company, 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 and/or holder of the title to certain real property in the City of Carlsbad, County of San Diego, California, more fully described as: The property is located adjacent to the Los Angeles-San Diego-San Luis Obispo (LOSSAN) Rail 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. A. 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. B. Owner has no control over the operations of the corridor including the types of vehicles, trips and traffic, nor the frequency of the trips. C. 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. 1-1 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 Subdivision Tract/Parcel Map CT 16-02/RP 16-08 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. 1-2 Executed this 2-k day of _.....;~:w:....::.!../::::.......~--¥',-/ ____ ,20_.Z_/ OWNER: Carlsbad 17 GP LLC (Name of Owner) By: kl~J::. (sign hefe) . ~- Richard A Woolsey (print name here) WDI LLC, Manager Ri r (print name here) Pr ✓:W: G,t2n L. (titleand organizafi (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 BvA~~~ Date 1-3 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. 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/they 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. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is tr an correct. Signa Place Notary Seal and/or Stamp Above 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: __________________________ _ 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 □ General o Individual □ Attorney in Fact o Trustee o Guardian or Conservator D Other: Signer is Representing: _________ _ Signer's Name: ____________ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Individual o Trustee □ Other: □ Attorney in Fact o Guardian or Conservator Signer is Representing: _________ _ :[l □ □rntO'!ll O O ~ □ El~OO~IBltllBll □:[ [t[t I}'(] 6 6 6. ©2018 National Notary Association