HomeMy WebLinkAboutCT 04-04; Real Estate Collateral Management Company; 2005-0673213; Notice of Restriction. L". . DOC # 2005-067321 3 I111111ll Ill 111ll liill IIIII lllll111ll111ll11111 lllll It ill lllll I111 Ill1 6 %
IW%CORDING REQUESTED BY AND )
AUG 08,2005 8:46 AM
DFFICIAL RET:UHDS SkN [!lE GO CO'J NT'.i' HE CORDER'S OFFICE GREGrJEY .J SMITH, COUNT'r' HELURDER
P.4G E S: 4
FEES: 23. UU WA'<5: L
I111111 Sllll111111111Il11111111 ll111 ll1111111111111 ll1111111111111 Hlll11111111 WHEN RECORDED MAIL TO: i 1 City Clerk )
CITY OF CARLSBAD )
1200 Carlsbad Village Drive )
Carlsbad, California 92008-1989 ) Space above this line for Recorder's use
Parcel No. 223-720-04.223-720-05 and 223-720-1 1
Project Number and Name: CT 04-04RUD 04-03 - LA COSTA RIDGE NEIGHBORHOOD 2.5
NOTICE AND WAIVER CONCERNING PROXIMITY
OF THE PLANNED OR EXISTING MELROSE DRIVE AND ALGA ROAD
TRANSPORTATION CORRIDOR (S)
CASE NO: CT 04-04D'UD 04-03
This Notice Concerning Environmental Impacts is made by (name of legal owner), a(n)
(individual, corporation, etc. ) Real Estate Collateral Management Company, 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:
C. The property is located adjacent to the Melrose Drive and Alga Road
Transportation Corridors (hereafter described as corridors) 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.
Noise Form #1 Rev. 02/02/99
FORM: NOISE 1: 2 OF 3
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-04-04) 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 #I Rev. 02/02/99
-.
FORM: NOISE 1: 3 OF 3
-5 L-7 ,20 0 J-- H Executed this / day of
*OWNER:
Real Estate Collateral Management
Company, a Delaware corporation
(Name of Owner)
By: ,- Y 22z25%e (sign here)
Fred R. Schimel
(print name here)
Vice President
(title and organization of signatory)
By:
(sign here)
(print name here)
~~ (title andorganization 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 affach 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
Noise Form #1 Rev. 02/02/99
STATE OF ILLINOIS
COUNTY OF COOK ss.
On / ,2005 before me, Diana C. Moreno, Notary Public, PERSONA LY APPEARED 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.
WITNESS my hand and official seal.
Signature:
DIANA C MORENB
NOTARY PUBLIC. STATE OF ILLINOIS
Diana C. Moreno