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HomeMy WebLinkAboutCT 02-23; Real Estate Collateral Management Co; 2004-0434839; Notice of RestrictionDOC # 2004-0434839 NAY 131 2004 8~44 AM rnIC1CY RECORDS SM DIEGO Mu(Ty REoER'S OFFICE GREGORY J. WITH, MLR(Tv RECORDER fES: 24.00 MY: 2 RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) ) City Clerk 1200 Carlsbad Village Drive ) 4' CITY OF CARLSBAD 1 ad Carlsbad, California 92008-1989 ) Space above this line for Recorder's use Parcel No. 213-111-2,3,6&7 CT 02-23 Villages of La Costa Greens Neighborhood 1.08 Project Number and Name: NOTICE AND WAIVER CONCERNING PROXIMITY OF THE PLANNED OR EXISTING EL CAMINO REAL, ALGA ROAD, POINSETTIA LANE, AND ALICANTE ROAD TRANSPORTATION CORRIDOR(S) CASE NO: CT 02-23 This Notice Concerning Environmental Impacts is made by Real Estate Management Collateral Company, a(n) 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: La Costa Greens Neighborhood 1.08, being a subdivision of lots 8 and 19 of Carlsbad Tract No. 99-03 La Costa Greens, In the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 14543, filed in the office of the County Recorder of San Diego County February 13,2003 C. The property is located adjacent to or near the El Camino Real, Alga Road, Poinsettia Lane or Alicante Road Transportation Corridor (hereafter described as corridor) on which transportation vehicles such as automobiles, trucks, motorcycles and/or vehicles for rail Noise Form #1 Rev. 02!02/99 FORM: NOISE 1: 2 OF 3 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 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 (CT 02-23) 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 hllest 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. 02/02/99 FORM: NOISE 1: 3 OF 3 Executed this 14 day of @f i C ,2064 . *OWNER: (title and organization of signatory) 'Bv: (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 oficer(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). APPROVED AS TO FORM: RONALD R. BALL, City Attorney Noise Form #1 Rev. 02/02/99 CdY COUNTY OF- c On @ /q, 204q before me, b lailk c- ~iYAo Notary Public, personally appeared !?k?b Sctt/lY+ZC , [ ] personally known to me - or [ ] 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 hisherhheir 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. n (Sibature of Notary) Noise Form #1 Rev. 02/02/99