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HomeMy WebLinkAboutCDP 05-34; Oliver, Guy & Lisa; 2022-0262077; Notice Concerning Proximity or ImpactsRECORDING REQUESTED BY AND) WHEN RECORDED MAIL TO: ) City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-1 989 ) ) ) ) ) DOC# 2022-0262077 111111111111 lllll 111111111111111111111111111111 IIIII 111111111111111111 Jun 24, 2022 01 :34 PM OFFICIAL RECORDS Ernest J Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $26.00 (SB2 Atkins: $0.00) PAGES: 5 Space above this line for Recorder's use Assessor's Parcel Number 208-040-04-00 _____________ :........:.._____:...:._ CDP 05-34/SUP 05-08-EUCALYPTUS Project Number and Name ESTATES NOTICE AND WAIVER CONCERNING MUL Tl-IMPACTS The undersigned 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: PARCEL I: THAT PORTION OF LOT "I" OF THE RANCHO AQUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, NOVEMBER 16, 1896, LYING WTTHIN THE FOLLOWING DESCRIBED PARCEL OF LAND: BEGINNING AT CORNER NO. 2 OF SAID LOT"!"; THENCE ALONG THE NORTHERLY PROLONGATION OF THAT PORTION OF THE EASTERLY LINE OF SAID LOT "!" BETWEEN CORNERS NO. I AND 2 OF SAID LOT, NORTH 2° 29' 40" WEST (RECORD NORTH 3° WEST) 2 1.84 FEET TO AN INTERSECTION WTTH THE CENTER LINE OF THE COUNTY ROAD SURVEY NO. 682, AS THE SAME IS DESCRIBED IN EASEMENT DEED TO THE COUNTY OF SAN DIEGO, DATED MAY27, 1936 AND RECORDED IN BOOK 521, PAGE 230 OF OFFICIAL RECORDS OF SAID COUNTY, SAID POINT OF INTERSECTION BEING ALSO THE SOUTHEASTERLY CORNER OF THE LAND DESCRIBED IN QUITCLAIM DEED TO HORACE H. KELLY, RECORDED JANUARY 22, 1951 AS INSTRUMENT NO. 9613 IN BOOK 3942, PAGE 34 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHERLY LINE OF SAID KELLY LAND AS FOLLOWS: ALONG THE SAID CENTER LINE OF THE ROAD, NORTH 67° 1 O' WEST 897.21 FEET TO AN ANGLE POINT THEREIN; THENCE CONTINUING ALONG SAID CENTER LINE NORTH 64° 35' WEST 546.22 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 64° 35' WEST 155.00 FEET TO THE BEGINNING OF A TANGENT 1000.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE WESTERLY ALONG SAID CURVE, 7.00 FEET THROUGH AN ANGLE OF 0°24' 04"; THENCE SOUTH 14° 56'40" WEST 344.93 FEET TO THE SOUTHERLY LINE OF THAT LAND DESCRIBED IN DEED TO LELAH MAISH JOHNSON, RECORDED DECEMBER 24, 1958 AS INSTRUMENT NO. 2 16749 IN BOOK 7413, PAGE 215 OF OFFICIAL RECORDS; THENCE ALONG SAID SOUTHERLY LINE SOUTH 71 ° 20' EAST I 00.00 FEET TO A LINE WHICH BEARS SOUTH 25° 25' WEST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 25° 25' EAST 327.43 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM AN UNDIVIDED 1/3 INTEREST IN AND TO ALL OIL, GAS, SAND, CLAY, ROCK The following NOTICES are contained in this document: NOTICE CONCERNING PROXIMITY OF THE EXISTING EL CAMINO REAL TRANSPORTATION CORRIDOR NOTICE CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS MUL TINOISE.FRM Rev 01/2013 Assessor's Parcel Number: 208-040-04-00 Project Number and Name: CDP 05-34/SUP 05-08-EUCALYPTUS ESTATES I. NOTICE CONCERNING PROXIMITY OF THE EXISTING EL CAMINO REAL TRANSPORTATION CORRIDOR 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. B. 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. C. Owner has no control over the operations of the corridor including the types of vehicles, trips and traffic, nor the frequency of the trips. D. 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 purchasers 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: 1. Owner has and shall develop the property in accordance with CDP 05-34/SUP 05- 08 approved by the City of Carlsbad, which approval includes the requirement of the City of Carlsbad, that the development of the property be consistent with the Land Use Element and 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. 11. NOTICE CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS RECITALS A. The purpose of this notice is to disclose to the fullest extent possible present and MUL TINOISE.FRM 2 Rev 01/2013 Assessor's Parcel Number: 208-040-04-00 Project Number and Name: CDP 05-34/SUP 05-08-EUCALYPTUS ESTATES future potential impacts of noise generated by all manner of aircraft including public and private aircraft which will generate noise and other environmental impacts. B. The property is located approximately 2.2 miles from the McClellan-Palomar Airport, City of Carlsbad, San Diego County (the "Airport"}, operated by the County of San Diego, through which are conducted certain aircraft operations on and about said Airport and over real property in the vicinity of the Airport. C. Owner has no control over the operations of the Airport, including the types to aircraft, flight, the flight patterns of the aircraft, nor the frequency of the flights. D. It is the desire of Owner to give notice to any potential purchaser of the real property of the air flight operation and the fact that purchasers may be .subject to overflight, sight and sound of aircraft operating from the Airport. NOW, THEREFORE, in light of the above Recitals, as developer and owner of the property, does, for itself, and its successors and assigns, give the following notice: 1. Owner has and shall develop the property in accordance with CDP 05-34/SUP 05- 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 Element and Noise Element of the General Plan of the City of Carlsbad. 2. That Owner has no responsibility of control over the operation of the Airport, including without limitation, the types or number of flight operations, types of aircraft (including jet aircraft), timing of flight operation, or frequency of flights. 3. The property shall be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied and improved subject to this Declaration and 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. 4. 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 aircraft including public and private aircraft, which will generate noise and other environmental impact. Purchaser acknowledges and accepts these existing and future impacts and 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. MUL TINOISE.FRM 3 Rev 01/2013 Assessor's Parcel Number: 208-040-04-00 Project Number and Name: CDP 05-34/SUP 05-08-EUCALYPTUS ESTATES IN WITNESS WHEREOF, these Declarations of, I) Notice of corridor t!ic, sight and sound; and II) Notice of aircraft, sight and sound; are made this , 2-day of It/\,\~ , 20~. *OWNER: 6~'-1 (Name of owner) D\--\J~ /L-\t;k Ol-~~ I (sigher ' Qc- G~'::l QL,'1~ (print name here) (title and or anizational 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, . Attorney B : Assistant City Attorne G /cJ.o f d-J-- Date MUL TINOISE.FRM 4 Rev 01/2013 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 lilt [.i [l1] o ~~oo@@:o:oooo:o~(ll08I a a Ol:IJ6M 11001100 a 000 1 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~ D,-eca r::r oJlAVlP,,,6!AJ2~ before me. J6VWW\Y ~ <atA , \\JaiaQ,;j fucbh~ bate Here Insert Name and Title of the O ,cer personally appeared Gtu Y DI J]tEe.. , L -rT&-A 6 { TL£=~ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person@>whose nam~ i~~subscribed to the within instrument and acknowledged to me that~ executed the same in ~8 authorized capacity@ and that by ~ signatur~on the instrument the perso~ or the entity upon behalf of which the person@ acted, executed the instrument. r. · · JOHNN,~~ • • 1 d • COMM.# 2382557 ~ ffi . NOTARY PUBLIC • CAUroRNIA n · SAN DIEGO COUNTY .,_. l My Comm. Expires November 10, 202~ J •••••••••••• Place Notary Seal and/or Stamp 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:AJ(JITCE A ND hiA.Tllcl2 C6NGE/2.NIN6f fl/l/JlTr-IM@ DocumentDate:JUAJli ~,.Q~~ Number of Pages: {pl/: Signer(s) Other Than Named Above: _______________________ _ Capaclty(les) Claimed by Slgner(s) Signer's Name: □ Corporate Officer -Title(s).:J .-,::.._ _____ _ □ Partner -□ Limited eneral □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator D Other: ,--------------- Signer's Name: ______________ _ □ Corporate Officer -Title(s): _______ _ □ Partner -□ Limited □ G D Individual □ Trustee D Other: ttorney in Fact □ Guardian or Conservator -OOOIJOOOlJOIJEl1@6111J@-8080EOQOOOE6061J@IJHOOOOOfllll@O ©2019 National Notary Association