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HomeMy WebLinkAboutCT 04-15; Real Estate Collateral Management Company; 2006-0070668; Notice of RestrictionRECORDED AT THE REQUEST OF CHICAGO TITLE COMPANY SUBDIVISION DEPT. RECORDING REQUESTED BY & WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 10659 DGC# 2006-0070668 JAN 31,2006 12:14 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH. COUNTY RECORDER FEES: 17.00 PAGES. 4 2006-0070668 Space above this line for Recorder's use Parcel No. 213-110-06 & 13 NOTICE CONCERNING PROXIMITY TO AN ELEMENTARY SCHOOL CASE NO. CT 04-15/PUD 04-13 This Declaration and Notice Concerning proximity to an elementary school is made by Real Estate Management Collateral Company, hereinafter referred to as the "Owner", as 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 that the subdivision is adjacent to an elementary school. B. The Owner is the developer and holder of the title to certain real property in the City of Carlsbad, County of San Diego, California, more fully described as: Lots 1 through 71 inclusive, of City of Carlsbad Tract No. 04- 15, La Costa Greens, Neighborhoods 1.4 and 1.07 in the City of Carlsbad, County of San Diego, State of California, according to the map thereof No. 15053 filed in the Office of the County Recorder of San Diego County, July 28, 2005. C. Owner has no control over the operations of the elementary school. D. It is the desire of Owner to give notice to any potential purchaser of the real property of the elementary school operation and the fact that purchasers may be subject to noise and light impacts from the elementary school. NOW, THEREFORE, in light of the above Recitals, as developer and owner of the property, does, for itself, and its successors and assigns, give the following notice: Rev. 03/27/95 10660 2 of 3 1. Owner has and shall develop the property in accordance with CT 04- 15/PUD 04-13 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 Element of the General Plan of the City of Carlsbad. 2. That Owner has no responsibility or control over the operation of the elementary school. 3. The property shall be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied and improved subject to this Declaration and 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. 4. The purpose of this Notice is to disclose to the fullest extent possible present and future noise and light impacts generated by the elementary school. Rev. 03/27/95 10661 3 of 3 Executed this X">7V day of ^Vy/y^Ay , 20 (Name of *Owner) By: (sign here) (print name here) Vice (title and organization of signatory) Byj _ (sign here) (print name here) (title and organization of signatory) (Proper notarial acknowledgment of execution by *OWNER 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 Bv: Deputy City Attorney Rev. 03/27/95 10662 ' STATE OF GAttFORNfA- _£"£ ^ ' "" J COUNTY OF SAN DIEGO On <3&r*&r*3 0 £^, before me, Notary Public, personally appeared r/a^gp iXvfT/V^ , [ ] 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 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) DIANA C. NOTARY PUBLIC,! OMMISSION EXPIRES Rev. 03/27/95