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HomeMy WebLinkAboutCT 02-24; Real Estate Collateral Management Company; 2004-0300273; Notice of RestrictionAPH 089 2004 4:47 PM OFFICIAL KEGORM SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 16.00 RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) ) City Clerk 1 CITY OF CARLSBAD ) 1200 Carlsbad Village Drive 1 f% Carlsbad, California 92008-1989 ) uco Space above this line for Recorder's use Parcel No. 215-061-09.215-480-02 and 215-480-03 NOTICE AND WAIVER CONCERNING PROXIMITY OF THE PLANNED OR EXISTING ALICANTE ROAD and ALGA ROAD TRANSPORTATION CORRIDOR(S) GREENS NEIGHBORHOOD 1.11.1.13 & 1.14 CASE NO: CT 02-24PUD 02-12/ MP 98-01(B) - VILLAGES OF LA COSTA This Notice Concerning Environmental Impacts is made by (name of ZegaZ owner) Real Estate Collateral Manavement Company, a(n) (individual, corporation, etc) a Delaware 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. 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: Being a subdivision of Lots 11, 13 and 14 of Carlsbad Tract No. 99-03 La Costa Greens, in the City of Carlsbad, County of San Diego, State of California, according to Map No. 14543, filed in the Office of the County Recorder of San Diego County, February 12,2003. C. The property is located adjacent to the Alicante Road and Aka Road 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. Noise Form #1 Rev. 02/02/99 FORM: NOISE 1: 2 OF 3 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 Subdivision Tract Map (CT 02-24) 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 #I Rev. 02/02/99 FORM: NOISE 1: 3 OF 3 Executed this aqd day of MUCK ?206V . *OWNER: Real Estate Collateral Management Company ~ ~~ (Name of Owner) Fred Schimel (print name here) Vice President (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, Cf 0 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 ofticer(s) signing to bind the corporation.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execufe this instrument). APPROVED AS TO FORM: RONALD R. BALL, City Attorney By: Deputy City AtGrneY Noise Form #I Rev. 02/02/99 On MdkCG 2?( W before me, fif~jd~ c. ergno Notary Public, personally appeared & s;h4rn7ei , [d personally known to me - or [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) idare 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. WITNESS my hand and official seal. (Signature of Notary) Noise Form #1 Rev. 02/02/99