HomeMy WebLinkAboutCT 16-02; Carlsbad 17 LP; 2022-0036155; Petition & WaiverRECORDING REQUESTED BY AND)
WHEN RECORDED MAIL TO: )
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, California 92008-1989
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DOC# 2022-0036155
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Jan 25, 2022 12:40 PM
OFFICIAL RECORDS
Ernest J. Dronenburg Jr ~;~ ~IEGO COUNTY RECORDER
S. $O.OO (S82 Atkins: $0.00)
PCOR: NIA
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 asthe "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 a,ny 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 .
8. 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.
8. 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.
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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 rig_ht, 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.
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