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HomeMy WebLinkAboutGPA 2019-0001; Grosse, William Mooney & Margaret; 2023-0244971; Notice Concerning Proximity or Impacts" RECORDING REQUESTED BY AND) WHEN RECORDED MAIL TO: ) City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 ) ) ) ) l DOC# 2023-0244971 1111111111111111111111 1111111111 lllll lllll 1111111111111111111111111111 Sep 08, 2023 02:52 PM OFFICIAL RECORDS JORDAN Z MARKS, SAN DIEGO COUNlY RECORDER FEES· $173 00 (SB2 Atkins. $150 00) PAGES 4 Space above this line for Recorder's use Assessor's Parcel Number 210-170-08-00 and 210-170-09-00 Project Number and Name GPA 2019-0001 (DEV2018-0177) CHICK-FIL-A NOTICE AND WAIVER CONCERNING PROXIMITY OF THE EXISTING INTERSTATE 5 TRANSPORTATION CORRIDOR CASE NO: GPA 2019-0001/ZC 2019-0001/LCPA 2019-0002/AMEND 2019-0004/ PUD 2019-0003/CDP 2019-0007 This Notice Concerning Environmental Impacts is made by PALOMAR & CO. a corporation, 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. RECITAL~ 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 re sulting 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: C. The property is located adjacent to the INTERSTATE 5 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 Noise Form #1 Rev. 01/2013 Assessor's Parcel Number: 210-170-08-00 and 210-170-09-00 Pro;ect Number and Name: GPA 2019-0001/ZC 2019-0001/LCPA 2019-0002/AMEND 2019-0004/AMEND 2021-0011/CDP 2019-0007 (DEV2018-0177) -CHICK-FIL-A 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 GPA 2019-0001/ZC 2019-0001/LCPA 2019-0002/AMEND 2019-0004/PUD 2019-0003/CDP 2019-0007 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: 210-170-08-00 and 210-170-09-00 Project Number and Name: GPA 2019-0001/ZC 2019-0001/LCPA 20 19-0002/AMEND 2019-0004/AMENO 2021-0011/CDP 2019-0007 (DEV2018-0177)-CHICK-FIL-A tf.. Executed this / 0 day of A u.,,4 ,1 s, , 2o_t._8 __ *OWNER: PALOMAR & CO. By: The Russell W. Grosse and Mary E. Grosse Family Trust dated May 24, 2002, Partner and Managing General Partner BY ,~~ William Moonev.Grosse. Co-Trustee ~ (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: CINDIE K. MCMAHON, City ~torney 8_y_: Date Noise Form #1 Rev. 01/2013 CALIFORNIA ALL-PURPOSE 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 D"'-IA =I)-e~ ) On ~M-1-I0~1PJ;3 be~ore me, v:lte~ 111 L_ Ne ls:ovz , Date Here~rt Name and Title of the Officer NorAtr-"( f'v!J<-1 G. personally appeared \f\( ( \\;a_\(V\ _J,j ~ tJ a1'>5f ti '1 o,j Nar,,e 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/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. ··••····••·r ,,.: •~ ~ Hot~C:uHb~~ ~~~~rni1 ( . -Sin Diet0 County ~ \~ihiWPfio/ Commission II 2353517 - ,, • My Comm. Expir,s Al)r 28, 2025 Place Notary Seal 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. Signature -/ ...... 7 -r 1v -----. --------------OPTIONAL-------------- Though this section is 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: ___________ _ Signer's Name: ____________ _ □ Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □Other: ______________ _ □ Other: _____________ _ Signer Is Representing: _________ _ Signer Is Representing: ________ _ • ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907