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
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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.
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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