HomeMy WebLinkAboutCT 04-03; Real Estate Collateral Management Company; 2005-0673210; Notice of RestrictionnGC # 2005-067321 0
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: )
)
City Clerk )
CITY OF CARLSBAD )
1200 Carlsbad Village Drive ) Carlsbad, California 92008-1 989
Space above this line for Recorder's use
Parcel No. 2 13-72 1-0 1 to 2 13-72 1-04
Project Number and Name: CT 04-03PUD 04-02 - LA COSTA RIDGE
NEIGHBORHOODS 2.3 AND 2.4
NOTICE AND WAIVER CONCERNING PROXIMITY
OF THE PLANNED OR EXISTING EL FUERTE STREET
TRANSPORTATION CORRIDOR(S)
CASE NO: CT 04-03/PUD 04-02
This Notice Concerning Environmental Impacts is made by (name of legal owner) Real
Estate Collateral Management Company, a(n) (individual, corporation, etc.), hereinafter referred
to as the "Owner1' 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:
C. The property is located adjacent to the El Fuerte Street 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.
Noise Form #1 Rev. 02/02/99
FORM: NOISE 1: 2 OF 3
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
Tracearcel Map (CT-04-03) 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.
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Noise Form #1 Rev. 02/02/99
FORM: NOISE 1: 3 OF 3
Executedthis /yfl dayof ,200s-
*OWNER:
Real Estate Collateral Management
Company, a Delaware corporation
(Name of Owner)
(sign here) L
Fred R. 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, 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).
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
Cit Attorney SJ
Noise Form #1 Rev. 02/02/99
STATE OF ILLINOIS
COUNTY OF COOK ss.
On 6 4. $qL I 2005 before me, Diana C. Moreno, Notary Public,
PERSONA L PPEARED Fred Schimel personally known to me to
be the person whose name is subscribed to the within instrument and acknowledged to
me that he executed the same in his authorized capacity and that by his signature on the
instrument the entity upon behalf of which the person acted, executed the instrument.
OFFICIAL SEA?.
DIANA C MORENO
WITNESS my hand and official seal.
NOTARY PUBLIC, STATE OF ILLltJOlS
Signature:
Diana C. Moreno