HomeMy WebLinkAboutCT 99-04; Real Estate Collateral Management Company; 2006-0271051; Notice of Restriction20478
•-.COi-i^O AT THE REQUEST OF
CHICAGO TITLE COMPANY
SUBDIVISION DEPT.
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, California 92008-1989
DOC# 2006-0271051
APR 18, 2006 4:56 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH. COUNTY RECORDER
FEES: 0.00
PAGES: 4
2006-0271051
Space above this line for Recorder's use
Parcel No. j3>
Project Number and Name: CT 99-04/PUD 01-08/HDP 99-02/SUP 01-03 - La Costa Oaks North
NOTICE AND WAIVER CONCERNING PROXIMITY
OF THE PLANNED OR EXISTING
RANCHO SANTA FE ROAD TRANSPORTATION CORRIDOR(S)
CASE NO: CT 99-04/PUD 01-08/HDP 99-02/SUP 01-03
This Notice Concerning Environmental Impacts is made by (name of legal owner) REAL
ESTATE COLLATERAL MANAGEMENT COMPANY a(n) (individual, corporation, etc.)
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:
LOTS 201, 204, 205, 208, 209 AND 210 OF CITY OF CARLSBAD TRACT NO. 99-04-
03, VILLAGES OF LA COSTA - LA COSTA OAKS NORTH, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO MAP THEREOF NO. I S3 1% FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAID SAN DIEGO COUNTY ON Ag/m I ?. 2006.
Noise Form # 1 Rev. 02/02/99
FORM: NOISE 1:2 OF 3
C. The property is located adjacent to the RANCHO SANTA FE ROAD
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.
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
Map (CT 99-04) 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.
Noise Form # 1 Rev. 02/02/99
2 04 80
FORM: NOISE 1:3 OF 3
Executed this
* OWNER:
7th day of February _,20_06
REAL ESTATE COLLATERAL
MANAGEMENT COMPANY a Delaware
Corporation
(Name of Owner)
(sign here)
Fred R. Schimel Its Vice President
(print name here)
(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
ssfetant City Attorney
Noise Form #1 Rev. 02/02/99
20481
STATE OF CALIFORNIA A/2>i j
COUNTY OF -SAN DIEGO
On "7, 6^6. before me,
Notary Public, personally appeared
I.
, M?personally
known to me - or [ ] proved to me on the basis of satisfactory evidence to be the personj;s)^whose
name^ls/ape subscribed to the within instrument and acknowledged to me that he/she/tfjey-"
jS *s ^X*executed the same in his/h^er/their authorized capacity(ies); and that by
on the instrument the person(s)^or the entity upon behalf of which the personj^acted, executed
the instrument.
WITNESS my hand and official seal.
,„. c,, .(Signature ot Notary)
"OFFICIAL SEAL"
DIANA C. MORENO
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES 10/4/2009
Noise Form # 1 Rev. 02/02/99