2002-393083 001991 /-UU~ U..J .".?..J U~ J
MAY O.g, 2002 8:00 AM
FREE RECORDING REQUESTED OFFICIAL EC~D~
PURSUANT TO GOV. CODE SECTION {~q DIEGO C~TY REC~DER'S OFFI~
27383 ~E~Y J, ~ITH, C0~TV ~RE~
FEE~: 0.00
Recordil Recordkng requested by
City of Encinitas
Communi~ Development 2002-0393083
505 S. Vulcan Avenue
Encinitas, CA 92024
And When Recorded Mail To:
City of Encinitas
Communi~ Development
505 S. Vulcan Avenue
Encinitas, CA 92024 /~
O~de~ No. [274020-8 .
~sc~ow ~o. ,0[-[999C~ A~N 256-[22=06 ~ .
~ THIS Dfi[D OF T~HST is made this 30th day Of~ovember 200~, amon~
the Trustor, SAR DlfiGO HABITAT FOR HHMARI~, IRG. (homin "Borrower"), and FIRST
AMfiSIGAR llIkfi GOM~ARY (heroin "Trustee"), and the Beneficial, Gl~ OF fi~GIRIIAS
(herein "CI~"), whose address is 505 S. Vulcan Avonuo, fincinitas, Galifornia ~2024.
BORROWfiR, in considoratim of the indobtodness heroin recitod and the trust
horein croated, irrevocably ~mnts and conveys to lrusteo, in trust, with powor of salo, the
followin~ descdbod prope~ located in the Goun~ of San Die~o, 8tato of California:
see Exhibit"A" attached hereto and incorporated herein by this reference
which has the address of 880 Clark Avenue, Encinitas, California 92024 herein "Property
Address");
TOGETHER with all the improvements now and hereafter erected on the
Property, and all easements, rights, appurtenances and rents (subject, however, to the rights
and authorities given herein to CITY to collect and apply such rents), all of which shall be
deemed to be and remain part of the property covered by this Deed of Trust; and all of the
foregoing, together with said property (or the leasehold estate if this Deed of Trust is on a
001992
leasehold) are hereinafter referred to as the "Property";
TO SECURE to CITY the repayment of the indebtedness evidenced by
Borrower's Promissory Note dated November 30, 2001, and Note Rider, and extensions and
renewals thereof (herein collectively referred to as the "Note"), in the principal sum of One-
Hundred Five Thousand U.S. Dollars ($105,000) with interest thereon, fully deferred with the
total indebtedness, if not sooner paid, due and payable upon default by Borrower, a
Prohibited Transfer as defined in the Deed of Trust. This Note will be forgiven on the date
which is thirty (30) years after the recordation date hereof, if Borrower has not defaulted or
made a Prohibited Transfer of the Property, or any portion thereof; CITY has received the
payment of all other sums, with interest thereon, advanced in accordance herewith to protect
the security of this Deed of Trust; and CITY has received the full performance of the
covenants and agreements of Borrower herein contained.
Borrower covenants that Borrower is lawfully seized of the estate hereby
conveyed and has the right to grant and convey the Property, and that the Property is
unencumbered except for encumbrances of record. Borrower covenants that Borrower
warrants and will defend generally the title to the Property against all claims and demands,
subject to encumbrances of record.
UNIFORM COVENANTS
Borrower and CITY covenant and agrees as follows:
1. Payment of Principal and Interest. Borrower shall promptly pay when
due the principal and interest indebtedness evidenced by the Note.
2. Payment of Taxes and Insurance. To protect the security of the Deed
of Trust, Trustor agrees to pay, at least ten (10) days before delinquency, all taxes and
assessments affecting said property, including assessments on appurtenant water stock;
when due, all encumbrances, charges and liens, with interest, on said property or any part
thereof, which appear to be prior or superior hereto; and all costs, fees and expenses of this
Trust.
Should Trustor fail to make any payment or to do any act as herein
provided, then Beneficiary or Trustee, without obligation to do so and without notice to or
demand upon Trustor and without releasing Trustor from any obligation hereof, may make or
do the same in such manner and to such extent as either may deem necessary to protect the
security hereof, Beneficiary or Trustee being authorized to enter upon said property for such
purposes; appear in and defend any action or proceeding purporting to affect the security
hereof or the rights or powers of Beneficiary or Trustee; pay, purchase, contest or
compromise any encumbrance, charge or lien which in the judgment of either appears to be
prior or superior hereto; and, in exercising any such powers, pay necessary expenses, employ
counsel and pay his reasonable fees.
3. Application of Payments. Unless applicable law provides otherwise,
habitatdeed.doc Page 2 of 12
001993
all payments received by CITY under the Note shall be applied by CITY first in payment of
amounts advanced by CITY to CITY by Borrower, then to interest payable on the Note, and
then to the principal of the Note.
4. Prior Mortgages and Deeds of Trust; Charges, Liens. Borrower shall
perform all of Borrower's obligations under any mortgage, deed of trust or other security
agreement with a lien which has priority over this Deed of Trust, including Borrower's
covenants to make payments when due. Borrower shall pay or cause to be paid all taxes,
assessments and other charges, fines and impositions attributable to the Property which may
attain a priority over this Deed of Trust, and leasehold payments, if any.
5. Hazard Insurance. Borrower shall keep the improvement(s) now
existing or hereinafter erected on the Property insured against loss by fire, hazards included
within the terms "extended coverage", and such other hazards as CITY may require and in
such amounts and for such periods as CITY may require.
The insurance carrier providing the insurance shall be chosen by
Borrower subject to approval by CITY, provided that such approval will not be unreasonably
withheld. All insurance policies and renewals thereof shall be in a form acceptable to CITY
and shall include a standard mortgage clause in favor of and in a form acceptable to CITY.
CITY has the right to hold the policies and renewals thereof, subject to the terms of any
mortgage, deed of trust or other security agreement with a lien which has priority over this
Deed of Trust.
In the event of loss, Borrower shall give prompt notice to the insurance
carrier and CITY. CITY may make proof of loss if not made promptly by Borrower.
If Property is abandoned by Borrower, or if Borrower fails to respond to
CITY within thirty (30) days from the date notice is mailed by CITY to Borrower that the
insurance carrier offers to settle a claim for insurance benefits, CITY is authorized to collect
and apply the insurance proceeds at CITY's option either to restoration or repair of the
Property or to the sums secured by this Deed of Trust.
6. Preservation and Maintenance of Property. Borrower will keep the
Property in good repair and shall not commit waste or permit impairment or deterioration of
the Property. Borrower shall perform all of Borrower's obligations under the declaration of
covenants, conditions and restrictions.
7. Protection of CITY Security. If Borrower fails to perform the covenants
and agreements contained in this Deed of Trust, or if any action or proceeding is commenced
which materially affects CITY's interest in the Property, the CITY, at CITY's option, upon
notice to Borrower, may make such appearances, disburse such sums including reasonable
attorneys' fees, and take such action as is necessary to protect CITY's interest.
Any amounts disbursed by CITY pursuant to this paragraph, with interest
thereon, at the Note rate, will become additional indebtedness of Borrower secured by this
habitatdeed.doc Page 3 of 12
" 00 994
Deed of Trust. Unless Borrower and CITY agree to other terms of payment, such amounts
will be payable upon notice from CITY to Borrower requesting payment thereof. Nothing
contained in this paragraph will require CITY to incur any expense or take any action
hereunder.
8. Inspection. CITY may make or cause to be made reasonable entries
upon and inspections of the Property, provided that CITY will give the Borrower notice prior to
any such inspection, specifying reasonable cause therefor related to CITY's interest in the
property.
9. Condemnation. The proceeds of any award of claim for damages,
direct or consequential, in connection with any condemnation or other taking of the Property,
or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be
paid to CITY subject to the terms of any mortgage, deed of trust or other security agreement
with a lien which has priority over this Deed of Trust.
10. Borrower Not Released; Forbearance by CITY Not a Waiver.
Extension of the time for payment or modification of amortization of the sums secured by this
Deed of Trust granted by CITY to any successor in interest of Borrower shall not operate to
release, in any manner, the liability of the original Borrower and Borrower's successors in
interest. CITY shall not be required to commence proceedings against such successor or
refuse to extend time for payment or otherwise modify amortization of the sums secured by
this Deed of Trust by reason of any demand made by the original Borrower and Borrower's
successors in interest. Any forbearance by CITY in exercising any right or remedyhereunder,
or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of
any such right or remedy.
'11. Successors and Assigns Bound, Joint and Several Liability; Co-
Signors.
The covenants and agreements herein contained shall bind, and therights hereunder shall
inure to, the respective successors and assigns of CITY and Borrower, subject to the
provisions of paragraph 17 hereof. All covenants and agreements of Borrower shall be joint
and several.
12. Notice. Except for any notice required under applicable law to be given
in another manner:
(a) any notice to Borrower provided for in this Deed of Trust shall be given by
delivering it or by mailing such notice by certified mail, addressed to Borrower at
the Property address or such other address as Borrower may designate by
notice to CITY as provided herein; and,
(b) any notice to CITY will be given by certified mail, return receipt
requested, to CITY's address stated herein or to such other address as CITY
may designate by notice to Borrower as provided herein.
habitatdeed.doc Page 4 of 12
" " 00 995
Any Notice provided for in this Deed of Trust shall be deemed to have been given to Borrower
or CITY when given in the manner designated herein.
13. GoverninR Law, Severability. The state and local laws applicable to
this Deed of Trust shall be the laws of the jurisdiction in which the Property is located. The
foregoing sentence shall not limit the applicability of federal law to this Deed of Trust. In the
event that any provision or clause of this Deed of Trust or the Note conflicts with applicable
law, such conflict shall not affect other provisions of this Deed of Trust or the Note which can
be given effect without the conflicting provision and, to this end, the provisions of this Deed of
Trust and the Note are declared to be severable. As used herein, "costs", "expenses" and
"attorneys' fees" include all sums to the extent not prohibited by applicable law or limited
herein.
14. Borrower's Copy, Borrower shall be furnished a conformed copy of the
Note and this Deed of Trust at the time of execution or after recordation hereof.
'15. Notice to CITY. Borrower agrees that it will give the CITY notice of any
prospective transfer, sale, or conveyance not less than forty five (45) days before the
proposed sale, transfer, or conveyance by personal delivery of a notice at the address set
forth for the CITY on Page 1 of this Deed of Trust. Time is of the essence.
16. Lease of Property Prohibited, During the term of the affordability
restrictions as set forth in Paragraph 17(e) of this Deed of Trust, the Borrower shall not rent or
sublet the Property, or any part thereof, to any person and/or entity. Leasing of the Property
shall be deemed a prohibited transfer of the Property, within the meaning of Paragraph 18,
and shall trigger the rig ht of the CITY to foreclose and/or exercise its First Right of Refusal.
17. Transfer, Conveyance of Property Restricted for Thirty (30) Years.
The sale, transfer and/or conveyance of the Property is restricted as follows:
Borrower will sell the Property to a Iow income family, with an income at
or below 60% of the area median income as adjusted for family size, at an affordable price, of
which a payment would equate 30% of family's gross monthly income. When Borrower sells
Property to approved family, the City will release Borrower from this Deed of Trust and record
a new Deed of Trust with the new Borrower. Subsequent transfers within thirty (30) years after
the date of recordation of this Deed of Trust, shall be subject to the following:
(a) Within twenty (20) years after the date of recordation of this Deed
of Trust, the resale restrictions in the First mortgage documents by Habitat shall
be enforced.
(b) Between the dates of the expiration of the Habitat documents and
thirty (30) years after the date of recordation of this Deed of Trust, The Property
may only be sold, transferred or conveyed to a subsequent purchaser whose
income is less than eighty percent (80%) of the median income as defined by
HUD from time to time for the San Diego metropolitan area, as adjusted for
habitatdeed,doc Page 5 of 12
001996
family size and as verified and approved by CITY.
(i) Except as provided in Paragraph 17(d) hereof, the Property must
be used only as the principal residence of the subsequent purchaser
during the term of the Declaration, i.e, thirty (30) years from the
recordation date hereof.
(ii) The sale price to the subsequent purchaser must be at a price that
is "affordable to the subsequent purchaser(s)". "Affordable to the
subsequent purchaser(s)" is achieved if the monthly payments for
principal, interest, property taxes, insurance and a utility allowance
determined by CITY do not exceed thirty percent (30%) of the gross
income of a family with an income that is eighty percent (80%) of the
median income for the area, adjusted for a family size of five.
(iii) In the event that a Transferor is unable to find, despite diligent efforts
to do so, an Eligible Person or Family to purchase a Housing Unit, the
Transferor may sell the Housing Unit to a person other than an Eligible
Person or Family by first offering to sell the Housing Unit to the CITY for
a purchase price equal to highest purchase price at which an Eligible
Person or Family could qualify to purchase the Housing Unit at an
Affordable Housing Cost. The CITY shall accept or reject the offer to sell
the Housing Unit to the CITY within thirty (30) days of the date of receipt
of the offer to sell. In the event that the CITY declines to purchase the
Housing Unit, the Transferor may proceed to market and sell the Housing
Unit to any purchaser without regard to the resale conditions set forth in
this Agreement; provided that upon or prior to the close of escrow the
Transferor shall pay to the CITY the greater of: 1) the amount of the
Second Deed of Trust, or 2) "Equity Sharing Amount", hereinafter
defined.
The "Equity Sharing Amount" means an amount equal to the
appreciation in the value of the Property determined by the difference
between the Sales Price and the Affordable Housing Price (as defined
below).
The "Affordable Housing Price" is the purchase price that could be paid
by an Eligible Person or Family at an Affordable Housing Cost.
The "Sales Price" is the price to be paid by the buyer of the Property (the
"Buyer") to the Transferor for Transferor's interest in the Property,
exclusive of escrow fees, title insurance costs, broker's commissions,
loan fees or any other closing or transaction costs.
Upon a showing of hardship by the Transferor to the CITY in writing, the
CITY may waive any one or combination of the following: the resale
habitatdeed.doc Page 6 of 12
" 001997
restrictions, the Transferor's obligation to sell to the CITY, the
Transferor's obligation to pay the CITY the Equity Sharing Amount and/or
the Transferor's obligation to pay the CITY the amount of the Second
Deed of Trust.
(c) The affordability requirement shall remain in effect for a total of thirty (30)
years, measured from the date of recordation of this Deed of Trust. This
requirement shall remain in full force and effect against all subsequent
purchasers during the restricted term. This restriction shall also apply to sales of
the Property from the subsequent purchaser to other purchaser(s) during the
restricted term.
(d) If the Borrower fails, refuses or is unable to convey, sell, or transfer the
Property to a person or persons meeting the requirements of paragraphs 16,
17a through 17c, inclusive, before the end of the affordabilityterm as defined in
paragraph 17e, then such transfer shall be deemed a Prohibited Transfer as
defined in Paragraph 18 hereof.
These provisions of paragraph 17 shall bind the heirs, successors and assigns of the
Borrower.
18. Prohibited Transfer. If Borrower sells, agrees to sell, conveys, rents
and/or transfers the Property in violation of the terms of Paragraphs 16 and 17 hereof, then
CITY may, at its option, in addition to any and all other remedies available to it, require
immediate payment in full of all sums secured by the Deed of Trust. In the instance of a
prohibited transfer, the Transferor shall pay to the CITY the greater of: 1) the amount of the
Deed of Trust, including any interest, as described in the Note, or 2) "Equity Sharing Amount",
as defined above.
As an alternative, CITY may, at its option, purchase the Property for a
purchase price equal to the highest purchase price at which an Eligible Person or Family
could qualify to purchase the Housing Unit at an Affordable Housing Cost. However, these
options shall not be exercised by CITY if such exercise is prohibited by federal law as of the
date of the Deed of Trust or if the CITY has executed a separate written waiver of these
options.
If CITY exercises any of these options, CITY shall give Borrower Notice
of Acceleration or, in the alternative, Notice of Exercise of First Right of Refusal Option. The
notice shall provide a period of not less than thirty (30) days from the date that the notice is
delivered or mailed within which Borrower must pay all sums secured by the Deed of Trust or
must enter into an escrow to convey the Property to CITY, depending upon the option
exercised by CITY. If Borrower fails to pay these sums or enter into an escrow prior to the
expiration of this period, CITY may invoke any remedies permitted by the Deed of Trust
without further notice or demand on Borrower. The escrow contemplated by this Paragraph
18 must close not more than ninety (90) days after CITY receives notice of such sale,
agreement to sell, conveyance, rental or transfer of the Property in violation hereof.
habitatdeed.doc Page 7 of 12
001998
NON-UNIFORM COVENANTS
Borrower and CITY further covenant and agree as follows:
19. Acceleration, Remedies. Upon Borrower's breach of any covenant or
agreement of Borrower in this Deed of Trust, including the covenants to pay when due any
sums secured by this Deed of Trust, and those contained in paragraphs 16, 17 and 18 hereof,
CITY, prior to acceleration, shall give notice to Borrower as provided in paragraph 12 hereof
specifying:
(a) the breach;
(b) the action required to cure such breach;
(c) a date, not less than ten (10) days from the date the notice is
mailed to Borrower, by which such breach must be cured; and,
(d) that failure to cure such breach on or before the date specified in
the notice may result in acceleration of the sums secured by this Deed of Trust
and sale of the Property.
The notice shall further inform Borrower of the right to reinstate after
acceleration and the right to bring a court,action to assert the nonexistence of a default or any
other defense of Borrower to acceleration and sale. If the breach is not cured on or before the
date specified in the notice, CITY, at CITY's option, may declare all of the sums secured by
this Deed of Trust to be immediately due and payable without further demand and may invoke
the power of sale and any other remedies permitted by applicable law. CITY shall be entitled
to collect all reasonable costs and expenses incurred in pursuing the remedies provided in
this paragraph 19, including, but not limited to, reasonable attorneys' fees.
If CITY invokes power of sale, CITY shall execute or cause Trustee to
execute a written notice of the occurrence of an event of default and of CITY's election to
cause the Property to be sold and shall cause such notice to be recorded in each county in
which the Property or some part thereof is located. CITY or Trustee shall mail copies of such
notice in the manner prescribed by applicable law. Trustee shall give public notice of sale to
the persons and in the manner prescribed by law. After the lapse of such time as may be
required by applicable law, Trustee, without demand on Borrower, shall sell the Property at
public auction to the highest bidder at the time and place and under the terms designated in
the notice of sale in one or more parcels and in such order as Trustee may determine.
Trustee may postpone sale of all or any parcel of the Property by public announcement at the
time and place of any previously scheduled sale. CITY or CITY's designee may purchase the
Property at any sale.
Trustee shall deliver to the purchaser Trustee's deed conveying the
Property so sold without any covenant or warranty, expressed or implied. The recitals in the
habitatdeed.doc Page 8 of 12
001999
Trustee's deed shall be prima facie evidence of the truth of the statements made therein.
Trustee shall apply the proceeds of the sale in the followin9 order:
(1) to ail reasonable costs and expenses of the sale, including, but
not limited to, reasonable Trustee's and attorneys' fees and costs
of title evidence;
(2) to all sums secured by this Deed of Trust; and,
(3) the excess, if any, to the person or persons legally entitled thereto.
20. Borrower's Right to Reinstate. Notwithstanding CiTY's acceleration of
the sums secured by this Deed of Trust due to Borrower's breach, Borrower shall have the
right to have any proceedings begun by CITY to enforce this Deed of Trust discontinued at
any time prior to five (5) days before the sale of the Property pursuant to the power of sale
contained in this Deed of Trust or at any time prior to entry of a judgment enforcing this Deed
of Trust if:
(a) Borrower pays CITY all sums which would be then due under this
Deed of Trust and the Note had no acceleration occurred;
(b) Borrower cures ail breaches of any other covenants or
agreements of Borrower contained in this Deed of Trust;
(c) Borrower pays all reasonable expenses incurred by CITY and
Trustee in enforcing the covenants and agreements of Borrower continued in
this Deed of Trust and in enforcing Trustee's remedies as provided in paragraph
19 hereof, including, but not limited to, reasonable attorneys' fees; and,
(d) Borrower takes such action as CITY may reasonably require to
assure that the lien of this Deed of Trust, CITY's interest in the Property and
Borrower's obligation to pay the sums secured by this Deed of Trust shall
continue unimpaired.
Upon such payment and cure by Borrower, this Deed of Trust and the
obligations secured hereby shall remain in full force and effect as if no acceleration had
occurred.
21. Assignment of Rents; Appointment of Receiver; CITY in
Possession. As additional security hereunder, Borrower hereby assigns to CITY the rents of
the Property, provided that Borrower shall, prior to acceleration under paragraph 19 hereof or
abandonment of the Property, have the right to collect and retain such rents as they become
due and payable.
Upon acceleration under paragraph 19 hereof or abandonment of the
Property, CITY, in person, by agent or by judicially appointed receiver shall be entitled to enter
habitatdeed.doc Page 9 of 12
002000
upon, take possession of and manage the Property' and to collect the rents of the Property
including those past due. All rents collected by CITY or the receiver shall be applied first to
payment of the cost of management of the Property and collection or rents, including, but not
limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and
then to the sums secured by this Deed of Trust. CITY and the receiver shall be liable to
account only for those rents actually received.
22. Reconveyanca Upon payment of all sums secured by this Deed of
Trust, CITY shall request Trustee to reconvey the Property and will surrender this Deed of
Trust and all Notes evidencing indebtedness secured by this Deed of Trust to Trustee.
Trustee shall reconvey the Property without warranty and without charge to the person or
persons legally entitled thereto. Such person or persons shall pay all costs of recordation, if
any.
23. Substitute Trustee. CITY, at CITY's option, may from time to time
appoint a successor trustee to any Trustee appointment hereunder by an instrument executed
and acknowledged by CITY and recorded in the office of the Recorder of the county where
the Property is located. The instrument shall contain the name of the original lender, Trustee
and Borrower, the book and page where this instrument is recorded, and the name and
address of the successor trustee. The successor trustee shall, without conveyance of the
Property, succeed to all the title, power and duties conferred upon the Trustee herein and by
applicable law. This procedure for substitution of trustee shall govern to the exclusion of all
other provisions for substitution.
24. Request for Notices. Borrower requests that copies of the notice of
sale be sent to Borrower's address which is the Property Address.
25. Statement of Obligation. CITY may charge a fee not to exceed Sixty
Dollars ($60.00) for furnishing the statement of obligation as provided by Section 2943 of the
Civil Code of California.
26. Covenants, Conditions and Restrictions, The Property is subject to
Covenants, Conditions and Restrictions [Affordability Restrictions] ("Restrictions") between
CITY and Borrower, which are not attached hereto but are incorporated by reference.
Borrower acknowledges receipt of said Restrictions and agrees, for himself, his heirs,
successors and assigns to be bound by the same.
27. Warranties of Borrower. Borrower warrants to CITY as follows:
That Borrower will sell the property within one hundred eighty (180) days of the
recordation of this Deed of Trust to a family whose household annual gross
income does not exceed sixty percent (60%) of the median income for the San
Diego metropolitan area, as adjusted for family size, as said median income is
determined by HUD, on the date of initial occupancy of the Property.
habitatdeed.doc Page 10 of 12
OOgO0l
REQUEST FOR NOTICE OF DEFAULT
AND FORECLOSURE UNDER SUPERIOR
MORTGAGES OR DEEDS OF TRUST
CITY will request that copies of notices of foreclosure from the holder of any lien
which has priority over this Deed of Trust be sent to CITY's address, as set forth on page 1 of
this Deed of Trust, as provided by Section 2924b of the Civil Code of California.
IN WITNESS WHEREOF, Borrower has executed this Deed of Trust.
Date: ")"E~,. '~,O'o'w San Diego Habitat for Humanity, Inc.
'T"~.~ ,Executive Director
Tom Durwood
habitatdeed.doc Page 11 of 12
002002
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
personally appeared-T~ ~[,,ce. (e g. "Jane D~] Nora* Public") ,
Name{s) of S~ner[s)
~ personally known to me
~ proved to me on the basis of satisfacto~
evidence
to be the person~ whose namo~ is/~o
subscribed to tho within instrument and
acknowledged to me that he/~ exocutod
tho same in h's/~5~r/t,5~r authorized
capacity(~s), and that by his~
si~nature(~ on the instrument tho person~, or
tho entity upon behal[ of which tho porson~
actoO, oxocuted tho instrument.
WlT~~ial seal.
OPTIONAL
Though the information he/ow is not requi~d by law, it may p~ve valuable to persons ~lying on ~he documen~
Document Date:
Capacity(les) Claimed by Signer
Signer's Name:
~ Individual
~ Corporate Officer -- Title(s): C~r~ ~ 0 ~ r~F Top ofthumb here
~ Padner--~ Limited ~ General
~ Attorney in Fact
~ Trustee
~ Guardian or Conse~ator
~ Other:
Signer Is Representing: ~
002003
I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON
THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS
FOLLOWS:
(Located on both sides of the notary seal border)
SIGNATURE: T AMERICAN TITLE INSURANCE CO.
~'i~"~'¢'~;-'nV ~fi~ ORDERNO. 1274020-8
002004
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY
OF SAN DIEGO, AND IS DESCRiBED AS FOLLOWS:
THAT PORTION OF LOT 1 IN BLOCK 1 OF AVOCADO ACRES, IN THE CITY OF ENCINITAS,
COUNTY OF SAN DIEGO, STATE OF CAL~ORNIA, ACCORDING TO MAP THEREOF NO. 1791,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 24,
1924, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1, THENCE ALONG THE SOUTH
LINE THEREOF SOUTH 89°25'19'' EAST, 169.92 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID SOUTH LINE, SOUTH 89025' 19" EAST, 120.00 FEET TO
THE SOUTHEAST CORNER OF SAID LOT 1; THENCE ALONG THE EASTERLY LINE
THEREOF, NORTH 05°18'12" EAST, 60.26 FEET TO SAID SOUTHERLY RIGHT OF WAY LINE
OF LEUCADIA BOULEVARD; THENCE ALONG SAID RIGHT OF WAY, NORTH 89°14'13''
WEST, 119.96 FEET; THENCE LEAVING SAID RIGHT OF WAY, SOUTH 05°18'31" WEST, 60.65
FEET TO A PO1NT ON THE SOUTH LINE OF SAID LOT 1 BEING THE TRUE POINT OF
BEGINNING.
SAID PROPERTY BEING DESCRIBED AS PARCEL C IN A CERTIFICATE OF COMPLIANCE
RECORDED ON JULY 31, 2001 AS FILE NO. 2001-0536777 OF OFFICIAL RECORDS OF SAID
SAN DIEGO COUNTY.
RESERVING THEREFROM AN EASEMENT AND RIGHT OF AWAY FOR ACCESS, UTILITY
AND APPURTENANCES THERETO OVER, UNDER, ALONG AND ACROS S:
THAT PORTION OF LOT 1 IN BLOCK 1 OF AVOCADO ACRES, IN THE CITY OF ENCINITAS,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1791,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 24,
1924, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1, THENCE ALONG THE
SOUTHERLY LiNE OF SAID LOT 1, SOUTH 89°25'19'' EAST, 169.92 FEET TO THE TRUE POINT
OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY LINE, SOUTH 89°25'19"
EAST, 120.00 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 1; THENCE ALONG
THE EASTERLY LINE OF SAID LOT 1, NORTH 05°18'12" EAST, 24.08 FEET TO A POINT ON A
NON-TANGENT 30.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY (A RADIAL LiNE FROM
SAID POINT BEARS 0°34'41" WEST); THENCE WESTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE 26031'27" AN ARC DISTANCE OF 13.89 FEET; THENCE TANGENT TO SAID
CURVE 64°03'14'' WEST 8.88 FEET TO THE BEGINNING OF AN 8.33 FOOT RADIUS CURVE
CONCAVE NORTHERLY; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 26031'27" AN ARC DISTANCE OF 3.86 FEET TO A POINT ON A LINE WHICH IS
16.00 FEET NORTHERLY OF AND PARALLEL WITH SAID SOUTHERLY LINE OF LOT 1;
THENCE ALONG SAID PARALLEL LINE NORTH 89o25, 19" WEST 95.60 FEET; THENCE SOUTH
05°18'31" WEST, 16.05 FEET TO THE TRUE POINT OF BEGINNING.
SAID EASEMENT IS HEREBY DECLARED TO BE APPURTENANT TO AND FOR THE USE
AND BENEFIT OF ASSESSOR'S PARCEL NUMBER 256-122-05.
PAGE 4
'" DO0 ~~',~ O0~',-- .j..j0~9~078
FREE RECORDING REQUESTED
PURSUANT TO GOV. CODE SECTION PlAY 09, 2002
OFFICIAL
Recording requested by ~ DIEGO COUNTY REOORDER'S OFFICE
First American Title :l By And When GREGORY J, ,~tlTH, COUNTY RECORDER
Recorded Mail To: 01961 FEES:
City of Encinitas
505Communitys. VulcanDeVel°pmentAvenue IIII II IIII II IIIIIIII II III I II
Encinitas, CA 92024 2002-0393078
FOR THE BENEFIT OF THE CITY OF SPACE ABOVE FOR RECORDER'S USE
ENCINITAS ONLY
Order No. 1274020-8 Escrow No. 01-1999CM
Assessor's Parcel No. 256_122_06 C~/.o'). DOCU HENTA~,¥ TIV~Z'~ TAX $
CITY OF ENCINITAS, a municipal corporation in the State of California, hereinafter called
GRANTOR, does hereby grant, convey and dedicate to the SAN DIEGO HABITAT FOR
HUMANITY INC., a California non-profit public benefit corporation, hereinafter called
GRANTEE, that certain real property described in Exhibit "A" and reserves the access
and utility easement, in the City of Encinitas, County of San Diego, State of California,
described in Exhibit "C"
EXHIBITS "A" "B" AND "C" ATTACHED HERETO AND MADE A
PART HEREOF BY THIS REFERENCE,
2002.
Datedthis ~_'"/ dayof F,,~v~<:3,,w../
Ke,~/~. l~la~, C~y ~'~n~ger "~
CEy of Encinitas
Signature of Owners to be notarized.
Attach the appropriate acknowledgments.
1
001962
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of ~ ,~ ~ SS.
On '~"~' ~t c~(~,.')..., before me,~(,/O~ l~
Date Name and Tr~le of Officer (e,g., "Jane Doe, Notary Public")
personally appeared /~"~,~(~ ~.. ,~/"(--'(--~/~
Name(e) of Signer(s)
/~ersonatly known to me
[] proved to me on the basis of satisfactory
evidence
! ~ OFFICIAL SEAL ''~ tO be the person(s) whose name(s)<~re
=,,~ RANDAG. MILLJOUR ~ subscribed to the within instrument and
~NOTARY PUE~LIC-CALIFORNIA~ acknowledged to m~e/they executed
~ COMM. NO. 1204250 ~ the same in r-hisSer/their ~l,l~horized
~ ~.~J SAN DIEGO COUNTY ·
~ ',,,li~]~v' MYCOMM. EXP. JAN.~,2003J capacity(les), and that by ~b_js~er/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.
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
'Rtle or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name: ......
[] Individual
Top of thumb here
~ Corporate Officer-- Title(s):
~ Partner-- [] Limited [] General
[] Attorney in Fact
[] Trustee
[] Guardian or Conservator
[] Other:
Signer Is Representing:
997 Nabonal Notary Association · 9350 De Soto Ave,, P,O, BOX 2402 · Chatsworth. CA 91313-2402 Prod. NO. 5907 Reef(tar: Call Toll-Free 1-800-876-6827
ORDER NO. 1274020-8
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY
OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
THAT PORTION OF LOT 1 IN BLOCK 1 OF AVOCADO ACRES, 1N THE CITY OF ENCINITAS,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1791,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 24,
1924, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1, THENCE ALONG THE SOUTH
LINE THEREOF SOUTH 89°25'19" EAST, 169.92 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID SOUTH LINE, SOUTH 89°25'19'' EAST, 120.00 FEET TO
THE SOUTHEAST CORNER OF SAID LOT 1; THENCE ALONG THE EASTERLY LINE
THEREOF, NORTH 05°18'12" EAST, 60.26 FEET TO SAID SOUTHERLY RIGHT OF WAY LINE
OF LEUCADIA BOULEVARD; THENCE ALONG SAID RIGHT OF WAY, NORTH 89°14'13"
WEST, 119.96 FEET; THENCE LEAVING SAID RIGHT OF WAY, SOUTH 05°18'31'' WEST, 60.65
FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 1 BEING THE TRUE POINT OF
BEGiNNiNG.
SAID PROPERTY BEING DESCRIBED AS PARCEL C IN A CERTIFICATE OF COMPLIANCE
RECORDED ON JULY 31, 2001 AS FILE NO. 2001-0536777 OF OFFICIAL RECORDS OF SAID
SAN DIEGO COUNTY.
AUGUST 24, 2001 8:04 PM
PAGE 4
! LOT ~'0
RIOHT OF WAYLINE~ J
~ -/OLD ~ L~ADIA BL ~. ~NEW ~ LEUCADIA BL ~.
PARCEL A ~ ~ PARCEL ~ .~ PARCEL 'C
~ LOT ~ 1
PAR~L ~' PORtiON OF
APN 256-~22-04 PARCEL 'C' PORTION OF
CITY OF ENCINITAS APN 256-122-06 //
, ,68 . "TY OF ENCINI'AS
Z2JO
5F
C/fY Of ENC/~/TAS
5, ~49 SF
RONALD C. PARKER ~. DA TE
O' 50' ~00' ~50' 200' L.S. 4~2
~ ~ EXP. 6- 50-04
GRAPHIC 5CALE SCALE: ~"= 50' EXHIBIT "B'
..... :-',.,~o ,. ~o.~ CERTIFICATE OF COMPLIANCE
...... ~o~,~,oo,c~oo APN 256-122-04, 256-122-05 & 256-122-06
"~,~× ~// ORDER NO. 1274020-8
001965
"EXtflBIT C"
RESERVING THEREFROM AN EASEMENT AND RIGHT OF AWAY FOR ACCESS, UTILITY
AND APPURTENANCES THERETO OVER, UNDER, ALONG AND ACROSS:
THAT PORTION OF LOT 1 IN BLOCK 1 OF AVOCADO ACRES, IN THE CITY OF ENCINITAS,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1791,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 24,
1924, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1, THENCE ALONG THE
SOUTHERLY LINE OF SAID LOT 1, SOUTH 89°25'19" EAST, 169.92 FEET TO THE TRUE POINT
OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY LINE, SOUTH 89°25'19"
EAST, 120.00 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 1; THENCE ALONG
THE EASTERLY LINE OF SAID LOT 1, NORTH 05°18'12" EAST, 24.08 FEET TO A POINT ON A
NON-TANGENT 30.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY (A RADIAL LINE FROM
SAID POINT BEARS 0°34'41', WEST); THENCE WESTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE 26°31'27" AN ARC DISTANCE OF 13.89 FEET; THENCE TANGENT TO SAID
CURVE 64°03'14" WEST 8.88 FEET TO THE BEGINNING OF AN 8.33 FOOT RADIUS CURVE
CONCAVE NORTHERLY; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 26031'27" AN ARC DISTANCE OF 3.86 FEET TO A POINT ON A LINE WHICH IS
16.00 FEET NORTHERLY OF AND PARALLEL WITH SAID SOUTHERLY LINE OF LOT 1;
THENCE ALONG SAID PARALLEL LINE NORTH 89025' 19" WEST 95.60 FEET; THENCE SOUTH
05°18'31" WEST, 16.05 FEET TO THE TRUE POINT OF BEGINNING.
SAID EASEMENT IS HEREBY DECLARED TO BE APPURTENANT TO AND FOR THE USE
AND BENEFIT OF ASSESSOR'S PARCEL NUMBER 256-122-05.
AUGUST 24, 2001 8:35 PM
PAGE 4
'' eco dingRequestedBy DOC $2002 0 9 080
Recording requested by ) MAY 09, 2002 8: OO
First American Title )
~en Recorded M~I to: ) ~FIOI~ ~
Ci~ Clerk ) OO~ ~ ~IE~ C~ ~'8 ~fI~
Ci~ of Encinitas ) ~Y J. ~I~, ~IY ~
505 Sou~ Vulc~ Avenue ) ~[S: 0.~
Encinit~, CA 92024 IIii II IIII II IIII IIII III I II II
FOR T~ BENEFIT OF ~E CITY
eooe.oa~aoso ER'S USE ONLY
Order So. ~274020-g Escrow gO.' 01-1999GM
~ Z/~ EASEMENT FOR PUBLIC ACCESS AND PUBLIC UTILITIES:
~or, s e~cel No. 256_122_06 ~O¢ ~UM~ARY ~F~ t~ $
S~ DIEGO H~ITAT FOR ~NITY, Inc., a Cflifomia Non Profit Public Benefit
Co¢oration hereinafter c~led G~NTOR, does hereby gr~t, convey ~d dedicme to ~e Ci~ of-~
Encinitas, State of Califo~a, hereina~er called G~NTEE, ~ e~ement for easement for public
access ~d public utilities upon, over ~d across ~at ceffain re~ prope~y in the City of
Encinitas, Co~ty of S~ Diego, State of California, described as follows:
SEE EXHIBITS "A" ATTACHED HERETO AND MADE A PART HEREOF BY
THIS REFERENCE,
The Grantor hereby grants to the City of Encinitas (CITY, hereinafter) the privilege and right to
extend drainage structures and excavation and embankment slopes beyond the limits of the herein
described easement where required for the construction and maintenance of said easement.
Reserving unto the GRANTOR of the above described parcel of land, his successors or assigns, the
right to eliminate such slopes and/or drainage structures or portions thereof, when in the written
opinion of the City Engineer of Grantee, the necessity therefore is removed by substituting other
protection, support and/or drainage facility, provided such substitution is first approved in writing
by the City Engineer.
Habitat.easement
00~[977 Dated this ~t~'~ day of ,.3~.. 2002.
SAN DIEGO HABITAT FOR HUMANITY, Inc
Signature of Owners to be notarized.
Attach the appropriate acknowledgments .
This is to certify that the interest in real property conveyed by deed or grant to the City of
Encinitas, a Municipal Corporation, is hereby accepted by the undersigned agem on behalf of the
City Council of the City of Encinitas pursuant to authority conferred by Resolution of the City
Council of the City of Encinitas adopted on November 9, 1994 and the grantee consents to
recordation thereof by its duly authorized officer.
Dated: ~//'/,~9.~_
By:
Leroy Bodas, P.E. Interim Director of Engineering Services
City of Encinitas
Habitat.easement 2
01978
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
Name(s) of Signer(s)
~ personally known to me
~ proved to me on the basis of satisfacto~
evidence
to be the person~ whose name(~ is/~
subscribed to the ~ithin instrument and
acknowledged to me that he/~c/thcy executed
the same in his/~/~,h~:r authorized
capacity(~), and that by his/~
signature~ on the instrument the person), or
the entity upon behalf of which the person)
acted, executed the instrument.
WIT~~fficial seal.
Place Nota~ Seal Above Signature of Nota~ Public
OPTIONAL
Though the info.at/on below is not required by la~ i~ may p~ve valuable to persons retying on the document
and could p~vent fraudulent ~moval and reattachment of this form to another document,
Description of Attached,Document
Document Date:
Signer(s) Other Than Named Above: ~/~
Capacity(les) Claimed by Signer
Signer's Name:
~ Individual
~Corporate Officer--Title(s): ~J~]~ ~0~ ~ Top of lhumb here
~ Pa~ner-- g Limited ~ General
g Attorney in Fact
~ Trustee
~ Guardian or Consewator
~ Other:
Signer Is Represenfing:~
001979
GOVERNMENT CODE 27361,7 ~]
I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON
THE DOCUMENT TO WHICH TItIS STATEMENT IS ATTACHED READS AS
FOLLOWS:
COMMISS](ON NO: DATE COMMISSION EXPIRES:
COUNTY WHERE BOND IS FILED~/
rvlANUFACTURER OR VENDOR NUMBER: ',/~/~d .ff
(Located on both sides of the notary seal border)
SIGNATURE: ~ AMERICAN TITLE INSURANCE CO.
~'LACE O~ E~CUT~ON: SAN mECO, CAUFOm^ DATE:
O0 lgSO
EXHIBIT 'A'
EASEMENT FOR PUBLIC ACCESS AND PUBLIC UTILITIES:
THE EASTERLY FIVE FEET OF THE FOLLOWING DESCRIBED LAND:
THAT PORTION OF LOT 1 OF AVOCADO ACRES, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1791,
FILED 1N THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
APRIL 24, 1924, COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1,
THENCE ALONG THE SOUTH LiNE THEREOF SOUTH 89°25'19" EAST, 169.92
FEET TO TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID
SOUTH LINE, SOUTH 89°25'19" WEST, 120.00 FEET TO THE SOUTHEAST
CORNER OF SAID LOT 1; THENCE ALONG THE EASTERLY LINE THEREOF,
NORTH 05"18' 12" EAST, 60.26 FEET TO THE SOUTHERLY RIGHT OF WAY LINE
OF LEUCADIA BOULEVARD; THENCE ALONG SAID RIGHT OF WAY, NORTH
89°14'13,, WEST, 119.96 FEET; THENCE LEAVING SAID RIGHT OF WAY,
SOUTH 05°18'31'' WEST, 60.65 FEET TO A POINT ON THE SOUTH LINE OF SAID
LOT 1 BEING THE TRUE POINT OF BEGINNING.
D0O 03 3082
MAY Og~ 2002 B:OO AM
P, ecording requested by )
)
First Atg~eric. an
Title
OFFIOI~
00~.9~ S~/t DIEGO ['~U~I¥ REP_I~I)ER'80FFI~
)
)
City Clerk FEES: 0.00
City of Encinitas
505 South Vulcan Avenue
Encinitas, CA 92024 2002-0303082
.................. CORDER'S USE ONLY
· ~ac-rr o~ Escrow No. 01-I999CM
Order No. 1274020-8
MAINTENANCE AGREEMENT
FOR 878 & 880 CLARK AVENUE
Assessor's Parcel No. 256-122-05 ProjcctNo.: 7188-G
256-122-06¢o,,t) W.O.No.:
THIS AGREEMENT for the maintenance and repair of that certain private road easement, the legal description
and/or plat of which is set forth in Exhibits attached hereto and made a part hereof, is entered into by The City of
Encinitas (hereinafier referred to as "Developer"~for the benefit of future subdivision lot owners who will use the
private road easement (hereina~er referred to as "lot owners", which shall include the Developer to the extent the
Developer retains any ownership interest in any lot or lots).
WHEREAS, this Agreement is required as a condition of approval by the City of Encinitas of a grading permit for
645 Leucadia Boulevard, 878 Clark Avenue, and 880 Clark Avenue, Encinitas, CA.
WHEREAS, Developerqs the owner Of c~rtain real property being subdivided and developed as 878 & 880 Clark
Avenue that will use and enjoy the benefit of said road easement. A complete legal description of said real property
is attached, labeled Exhibit B, and incorporated by reference. Said mai property is hereinafter referred to as the
"property"; and
WHEREAS, it is the desire of the Developer that said private road be maintained in a safe and usable condition by
the lot owners; and
WHEREAS, it is the desire of the Developer to establish a method for the maintenance and repair of said private
road easement and for the apportionment of the expense of such maintenance and repair among existing and future
lot owners; and
WHEREAS, it is the intention of the Developer that this Agreement constitute a covenant running with the land,
binding upon each successive lot owner of all or any portion of the property. NOW THEREFORE, IT IS HEREBY
AGREED AS FOLLOWS:
1. The property is benefited by this Agreement, and present and successive lot owners of all or any portion
of the property are expressly bound hereby for the benefit of the land.
00 986
2. The cost and expense of maintaining the private road easement shall be divided equally among the
subdivided parcels created in the subdivision and paid by the lot owner of the heirs, assigns and successors in
interest or each such owner.
3. In the event any of the herein described parcels of land are subdivided further, the lot owners, heirs,
assigns and successors in interest of each such newly created parcel shall be liable under this Agreement for their
then pro rata share of expenses and such pro rata shares of expenses shall be computed to reflect such newly created
parcels.
4. The repairs and maintenance to be performed under this Agreement shall be limited to the following
unless the consent for additional work is agreed to by a majority vote of the lot owners owning 100% of the number
of parcels, including subdivisions thereof as described in Paragraph 3 above: reasonable and normal road
improvement and maintenance work to adequately maintain said private road easement to permit all-weather access
and conveyance of storm flows. Repairs and maintenance under this Agreement shall include, but is not limited to,
filling of chuckholes, repairing cracks, repairing and resurfacing of roadbeds, repairing and maintaining drainage
structures, removing debris, maintaining signs, markers, striping and lighting, if any, and other work reasonably
necessary and proper to repair and preserve the easement for ail-weather road purposes.
If there is a covenant, agreement, or other obligation imposed as a condition of subdivision approval to make private
road improvements to the private road easement, the obligation to repair and maintain the private road easement as
herein set forth shall commence when the private road improvements have been completed and approved by the
City.
Any extraordinary repair required to correct damage to said road easement that results from action taken or
contracted for by lot owners or their successors in interest shall be paid for by the party taking action or party
contracting for work which caused the necessity for the extraordinary repair. The repair shall be such as to/'estore
the road easement to the condition existing prior to said damage.
7. It is agreed that Developer is initially the agent to contract and oversee and do all acts necessary to
accomplish the repairs and maintenance required and/or authorized under this Agreement. Developer further agrees
that the agent may at any time be replaced at the direction ora majority of the lot owners. Repair and maintenance
work on the private road easement shall be commenced when a majority of the lot owners agree in writing that such
work is needed. The agent shall obtain three bids from licensed contractors and shall accept the lowest of said three
bids and shall then initiate the work. The agent shall be paid for all costs incurred including a reasonable
compensation for the agent's services, and such costs shall be added to and paid as a part of the repair and
maintenance costs; provided, however, that compensation for the agent's services shall in no event exceed an
amount equivalent to 10% of the actual cost of repairs and maintenance performed. In performing his duties, the
agent, as he anticipates the need for funds, shall notify the parties and each party shall within forty-five (45) days
pay the agent, who shall maintain a trustee account and also maintain accurate accounting records which are to be
available for inspection by any party or authorized agent upon reasonable request. All such records shall be retained
by the agent for a period of five years.
8. Should any lot owner fail to pay the pro rata share of costs and expenses as provided in this Agreement,
then the agent or any lot owner or owners shall be entitled without further notice to institute legal action for the
collection of funds advanced on behalf of such lot owner in accordance with the provisions of California Civil Code
Section 845, and shall be entitled to recover in such action in addition to the funds advanced, interest thereon at the
current prime rate of interest, until paid, all costs and disbursements of such action, including such sum or sums as
the Court may fix as and for a reasonable attorneys fees.
,, 00 987
9. Any liability of the lot owners for personal injury to the agent hereunder, or to any worker employed to
make repairs or provide maintenance under this Agreement, or to third persons, as well as any liability of the lot
owners for damage to the property of agent, or any such worker, or of any third persons, as a result of or arising out
of repairs and maintenance under this Agreement, shall be borne, as between the lot owners in the same percentages
as they bear the costs and expenses of such repairs and maintenance. Each lot owner shall be responsible for and
maintain his own insurance, if any. By this Agreement, the Developer does not intend to provide for the sharing of
liability with respect to personal injury or property damage other than that ata'ibutable to the repairs and
maintenance undertaken under this Agreement. Each of the lot owners agrees to indemnify the others from any and
all liability for injury to himself or damage to his property when such injury or damage results from, arises out of, or
is am'ibutable to any maintenance or repairs undertaken pursuant to this Agreement.
10. Lot owners shall jointly and severally defend and indemnify and hold harmless City, City's engineer
and its consultants and each of its officials, directors, officers, agents and employees from and against all liability,
claims, damages, losses, expenses, personal injury and other costs, including costs of defense and attorney's fees, to
the agent hereunder or to any lot owner, any contractor, any subcontractor, any user of the road easement, or to any
other thkd persons arising out of or in any way related to the use of, repair or maintenance of, or the failure to repair
or maintain the private road easement.
Nothing in the Agreement, the specifications or other contract documents or City's approval of the plans and
specifications or inspection of the work is intended to incinde a review, inspection acknowledgement of a
responsibility for any such matter, and City, City's engineer and its consultants, and each of its officials, directors,
officers, employees and agents, shall have no responsibility or liability therefore.
The foregoing covenants shall run with the land and shall be deemed to be for the benefit of the land of each of the
lot owners and each and every person who shall at anytime own all or any portion of the property referred to herein.
It is understood and agreed that the covefiants herein contained shall be binding on the heirs, executors,
administrators, successom, and assignees of each of the lot owners.
It is the purpose of the signatories hereto that this instrument be recorded to the end and intent that the obligation
hereby created shall be and constitute a covenant running with the land and any subsequent purchaser of all or any
portion thereof, by acceptance of delivery of a deed and/or conveyance regardless of form, shall be deemed to have
consented to and become bound by these presents, including without limitation, the right of any person entitled to
enforce the terms of this Agreement to institute legal action as provided in Paragraph 8 hereof, such remedy to be
cumulative and in addition to other remedies provided in this Agreement and to all other remedies at law or in
equity.
The terms of this Agreement may be amended in writing upon majority approval of the lot owners and consent of
the City.
This Agreement shall be governed by the laws of the State of California. In the event that any of the provisions of
this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, the validity, and
enforceability of the remaining provisions shall not be affected thereby.
If the Property constitutes a "Common Interest Development" as defmed in California Civil Code Section 1351 (c)
which will include membership in or ownership of an "Association" as defined in California Civil Code Section
1351 (a), anything in this Agreement to the contrary notwithstanding, the following provisions shall apply at and
during such time as (i) the Property is encumbered by a "Declaration" (as def'med in California Civil Code Section
00 1988
1351 (h), and (ii) the Common Area of the property (including the private road easement) is managed and controlled
by an Association:
(a) The Association, through its Board of Directors, shall repair and maintain the private road easement and
shall be deemed the "agent" as referred to in Paragraph 7 above. The Association, which shall not be replaced
except by amendment to the Declaration, shall receive no compensation for performing such duties. The costs of
such maintenance and repair shall be assessed against each owner and his subdivision interest in the Property
pursuant to the Declaration. The assessments shall be deposited in the Association's corporate account.
The provisions in the Declaration which provide for assessment liens in favor of the Association and enforcement
thereof shall supersede Paragraph 8 of the Agreement in its entirety. No individual owners shall have the right to
alter, maintain or repair any of the Common Area (as defined in California Civil Code Section 1351(b) in the
Property except as may be allowed by the Declaration.
(c) This Agreement shall not be interpreted in any manner which reduces or lhnits the Association's rights
and duties pursuant to its Bylaws and Declaration.
IN WI~T~SS WHEREOF, the parties have executed this Agreement
on the ,.'~Y~ day of ~Z~.g~:YL/,.'.5~ ,2001.
0
Developer:
(Print name:)
Signature of DEVELOPER must be notarized. Attach the appropriate acknowledgement.
I 001989
C&LIFOFINIA &LL-PURPO$I: &¢KNOWLI:DQMI:NT
State of California
County of F2 ½x -> ss.
On ~/aE)~ / ,before me,~'~/~-/~tO~.~/dT,~/~of/c~L~$/~oe~
personally appeared ]~/(~ Z-
proSOnally known to me
red to me on the basis of satisfactory
evidence
~~ to be the person(s) whose name(s)~are
. subscribed to the withiz3_ instrument and
~ [~I":~IIF~:~.~}NOTARY PUBLIC-CALIFORNIA.~ acknowledged to m~he/they executed
~7 COMM. NO. 1204250 ~ the same in hi(,.~s/.h~r/their
! ~"~J~I-~/ SAN DIEGO COUNTY ·
~!}~,~ME×P. JAN. 6,2003 I~ capacity(les), and that by Lbis,q'fer/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.
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name: ......
[] Individual
[] Corporate Officer--Title(s):
[] Parmer-- [] Limited [] General
[] Attorneyin Fact
[] Trustee
[] Guardian or Conservator
[] Other:
Signer Is Representing:
997 NatiOnal Notary Association · 9350 De Soto Ave., PO. Box 2402 · Chatswodh, CA 91313-2402 Prod. NO. 5907 Reorder: Call Toll-Free 1-800-876-6827
001990
EXHIBIT "B"
LEGAL DESCRIPTIONS OF PROPERTIES
THAT PORTION OF LOT I OF AVOCADO ACRES, IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1791, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 24, 1924,
DESCRIBED AS FOLLOWS:
CERTIFICATE OF COMPLIANCE
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1, THENCE ALONG THE
SOUTH LINE THEREOF SOUTH 89°25'19'' EAST, 84.92 FEET TO THE TRUE POINT OF
BEGINNING; THENCE CONTINUING ALONG SAID SOUTH LINE, SOUTH 89°25'19"
EAST, 85.00 FEET; THENCE LEAWNG SAID SOUTH LINE, NORTH 05°18'31" EAST,
60.65 FEET TO SAID SOUTHERLY RIGHT OF WAY LINE OFLEUCADIA BOULEVARD;
THENCE ALONG SAID RIGHT OF WAY, NORTH 89°14'13'' WEST, 84.97 FEET; THENCE
LEAVING SAID RIGHT OF WAY, SOUTH 05°18'45" WEST, 60.93 FEET TO A POINT ON
THE SOUTH LINE OF SAID LOT 1 BEING THE TRUE POINT OF BEGINNING.
PARCEL C
CERTIFICATE OF COMPLIANCE
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT I, THENCE ALONG THE
SOUTH L/NE THEREOF SOUTH 89°25'19" EAS~ 169.92 FEET TO THE TRUE POINT OF
BEGINNING; THENCE CONTINUING ALONG SAID SOUTH LINE, SOUTH 89°25'19"
EAS~ 120.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 1; THENCE ALONG
THE EASTERLY LINE THEREOF, NORTH 05°18'12" EAS~ 60.26 FEET TO SAID
SOUTHERLY RIGHT OF WAY L/NE OF LEUCADIA BOULEVARD; THENCE ALONG SAID
R/GHT OF WA~ NORTH 89°14'13" WEST, 1~9.96 FEE~' THENCE LEAVING SAID
RIGHT OF WAY, SOUTH 05°18'31" WES~ 60.65 FEET TO A POINT ON THE SOUTH
LINE'OF SAID LOT 1 BEING THE TRUE POINT OF BEGINNING.
' DOC 0393079
001966
First American Title ~AY 09, 2002 8: O0 A~
FREE RECORDING REQUESTED ~FICI~ E~
PURSUANT TO GOV. CODE SECTION ~ ~[E~ ~TY E~E~'~ EF[~
27383 ~E~ 3. ~[TH, ~ E~
Recording Requested By:
Ci~
Communi~ Development a~-0~0~
505 S. Vulcan Avenue
Encinitas, CA 92024
And When Recorded Mail To:
Ci~ of Encinitas
Community Development
505 S. Vulcan Avenue
Encinitas, CA 92024
0~de~ ~o. 1~74020-8
gsc~o~ ~o. 01-[999CH
DEC~TION
OF
COVENANTS
CONDITIONS AND
RESTRICTIONS
[AFFORDABILI~ RESTRICTIONS]
THIS DEC~RATION OF COVENANTS, CONDIIION8 AND RESIRICTION8
(hereaRer"Declaration") is made as of this of 30 SAN DIEGO
day
~.yem~er
200~,
by
HABITAT FOR HUMANLY, INC. (herea~er, "BORROWER" or "DEC~NT"), in connexion
with that cedain pamel of mai prope~ ("the Pmpe~") located in the Ci~ of Encinitas, County
of San Dieflo, California, described in Exhibit "A" a~ached hereto and incorporated heroin by
reference.
RECITALS
BORROWER has acquired title to the Pmpe~ from the Ci~ of Encinitas Cthe CI~")
in order to provide affordable housing.
Concurrently with the recordation of this Declaration, the CI~ is recording a deed of
trust (hema~er "Deed of Trust"), to secure a loan from Cl~ to BORROWER to aid
BORROWER in acquiring the Prope~. The Deed of Trust in favor of the CI~ was condi-
tioned in par upon the mcord~ion of a document seffing foRh cedain mstri~ions upon the
use and sale of the Pmpe~.
NOW, THEREFORE, BORROWER hereby declares that the Pmpe~ shall be subject
to the covenants, conditions and restrictions set foRh below:
~. RE81RICTIVE COVENANT~ BORROWER a~mes and covenants, on behalf
of itself and its successom and assigns and each succe~or-in-intemstto the Pmpe~, that at
all times during the term of this Declaration set forth in paragraph 2 hereof, the Property shall
be subject to the provisions of paragraphs 16, 17, 18, 26, and 27 of the Deed of Trust,
whether or not said Deed of Trust continues to encumber the Property, which provisions are
hereinafterset forth at length:
16. Lease of Property Prohibited. During the term of the affordability
restrictions as set forth in Paragraph 17(e) of this Deed of Trust, the Borrower shall not rent or
sublet the Property, or any part thereof, to any person and/or entity. Leasing of the Property
shall be deemed a prohibited transfer of the Property, within the meaning of Paragraph 18,
and shall trigger the rig ht of the CITY to foreclose and/or exercise its First Right of Refusal.
17. Transfer, Conveyance of Property Restricted for Thirty (30) Yearn,
The sale, transfer and/or conveyance of the Property is restricted as follows:
Borrower will sell the Property to a Iow income family, with an income at
or below 60% of the area median income as adjusted for family size, at an affordable price, of
which a payment would equate 30% of family's gross monthly income. When Borrower sells
Property to approved family, the City will release Borrower from this Deed of Trust and record
a new Deed of Trust with the new Borrower. Subsequent transfers within thirty (30) years after
the date of recordation of this Deed of Trust, shall be subject to the following:
(a) Within twenty (20) years after the date of recordation of this Deed of
Trust, the resale restrictions in the First mortgage documents by Habitat shall be
enforced.
(b) Between the dates of the expiration of the Habitat documents and thirty
(30) years after the date of recordation of this Deed of Trust, The Property may
only be sold, transferred or conveyed to a subsequent purchaser whose income
is less than eighty percent (80%) of the median income as defined by HUD from
time to time for the San Diego metropolitan area, as adjusted for family size and
as verified and approved by CITY.
(i) Except as provided in Paragraph 17(d) hereof, the Property must
be used only as the principal residence of the subsequent purchaser
during the term of the Declaration, i.e, thirty (30) years from the
recordation date hereof.
(ii) The sale price to the subsequent purchaser must be at a price that
is "affordable to the subsequent purchaser(s)". "Affordable to the
subsequent purchaser(s)" is achieved if the monthly payments for
principal, interest, property taxes, insurance and a utility allowance
determined by CITY do not exceed thirty percent (30%) of the gross
income of a family with an income that is eighty percent (80%) of the
median income for the area, adjusted for a family size of five.
(iii) In the event that a Transferor is unable to find, despite diligent efforts
/En¢initas/CC&RS.005 Page 2 of 9
to do so, an Eligible Person or Family to purchase a Housing Unit, the
Transferor may sell the Housing Unit to a person other than an Eligible
Person or Family by first offering to sell the Housing Unit to the CITY for
a purchase price equal to highest purchase price at which an Eligible
Person or Family could qualify to purchase the Housing Unit at an
Affordable Housing Cost. The CITY shall accept or reject the offer to sell
the Housing Unit to the CITY within thirty (30) days of the date of receipt
of the offer to sell. In the event that the CITY declines to purchase the
Housing Unit, the Transferor may proceed to market and sell the Housing
Unit to any purchaser without regard to the resale conditions set forth in
this Agreement; provided that upon or prior to the close of escrow the
Transferor shall pay to the CITY the greater of: 1) the amount of the
Second Deed of Trust, or 2) "Equity Sharing Amount", hereinafter
defined.
The "Equity Sharing Amount" means an amount equal to the
appreciation in the value of the Property determined by the difference
between the Sales Price and the Affordable Housing Price (as defined
below).
The "Affordable Housing Price" is the purchase price that could be paid
by an Eligible Person or Family at an Affordable Housing Cost.
The "Sales Price" is the price to be paid by the buyer of the Property (the
"Buyer") to the Transferor for Transferor's interest in the Property,
exclusive of escrow fees, title insurance costs, broker's commissions,
loan fees or any other closing or transaction costs.
Upon a showing of hardship by the Transferor to the CITY in writing, the
CITY may waive any one or combination of the following: the resale
restrictions, the Transferor's obligation to sell to the CITY, the
Transferor's obligation to pay the CITY the Equity Sharing Amount and/or
the Transferor's obligation to pay the CITY the amount of the Second
Deed of Trust.
(c) The affordability requirement shall remain in effect for a total of thirty (30)
years, measured from the date of recordation of this Deed of Trust. This
requirement shall remain in full force and effect against all subsequent
purchasers during the restricted term. This restriction shall also apply to sales of
the Property from the subsequent purchaser to other purchaser(s) during the
restricted term.
(d) If the Borrower fails, refuses or is unable to convey, sell, or transfer the
Property to a person or persons meeting the requirements of paragraphs 16,
17a through 17e, inclusive, before the end of the affordability term as defined in
paragraph 17e, then such transfer shall be deemed a Prohibited Transfer as
Page 3 of 9
001969
defined in Paragraph '18 hereof.
These provisions of paragraph '17 shall bind the heirs, successors and assigns of the
Borrower.
18. Prohibited Transfer. If Borrower sells, agrees to sell, conveys, rents
and/or transfers the Property in violation of the terms of Paragraphs 16 and 17 hereof, then
CITY may, at its option, in addition to any and all other remedies available to it, require
immediate payment in full of all sums secured by the Second Deed of Trust. In the instance
of a prohibited transfer, the Transferor shall pay to the CITY the greater of: 1) the amount of
the Second Deed of Trust, including any interest, as described in the Note, or 2) "Equity
Sharing Amount", as defined above.
As an alternative, CITY may, at its option, purchase the Property for a
purchase price equal to the highest purchase price at which an Eligible Person or Family
could qualify to purchase the Housing Unit at an Affordable Housing Cost. However, these
options shall not be exercised by CITY if such exercise is prohibited by federal law as of the
date of the Deed of Trust or if the CITY has executed a separate written waiver of these
options.
If CITY exercises any of these options, CITY shall give Borrower Notice
of Acceleration or, in the alternative, Notice of Exercise of First Right of Refusal Option. The
notice shall provide a period of not less than thirty (30) days from the date that the notice is
delivered or mailed within which Borrower must pay all sums secured by the Deed of Trust or
must enter into an escrow to convey the Property to CITY, depending upon the option
exercised by CITY. If Borrower fails to pay these sums or enter into an escrow prior to the
expiration of this period, CITY may invoke any remedies permitted by the Deed of Trust
without further notice or demand on Borrower. The escrow contemplated by this Paragraph
18 must close not more than ninety (90) days after CITY receives notice of such sale,
ag reement to sell, conveyance, rental or transfer of the Property in violation hereof.
26. Covenants, Conditions and Restriction~ The Property is subject to
Covenants, Conditions and Restrictions ("Restrictions") between CITY and Borrower, which
are not attached hereto but are incorporated by reference. Borrower acknowledges receipt of
said Restrictions and agrees, for himself, his heirs, successors and assigns to be bound by
the same.
27. Warranties of Borrower. Borrower warrants to CITY as follows:
That Borrower will sell the property within one hundred eighty (180) days of the
recordation of this Deed of Trust to a family whose household annual gross
income does not exceed sixty percent (60%) of the median income for the San
Diego metropolitan area, as adjusted for family size, as said median income is
determined by HUD, on the date of initial occupancy of the Property.
2. TERM. This Declaration shall expire thirty (30) years from the recordation of this
~i~cc,u~s.oo5 Page 4 of 9
01970
Declaration.
3. COVENANT AGAINST DISCRIMINATION BORROWER covenants on behalf
of itself and its successors and assigns, and each successor in interest to the Property, not to
discriminate against any prospective pumhaser of the Property on the basis of race, religion,
sex or national origin.
4. ENFORCEMENT. BORROWER expressly agrees and declares that the CITY
or any successor public agency is a proper party and shall have standing to initiate and
pursue any and all actions or proceedings, at law or in equity to enforce the provisions hereof
and/or to recover damages for any default hereunder and/or to enforce the terms of this
Declaration. Further, the CITY or any successor public agency shall be the proper party to
waive, relinquish, release or modify the rights, covenants, obligations or restrictions contained
in or arising under this Declaration.
5. ATTORNEYS' FEES. In the event of any litigation for the enforcement or
interpretation of this Declaration, whether an action-at-law, arbitration or any manner of non-
judicial dispute resolution agreed to by both parties by reason of the breach of any condition
or covenant, representation or warranty in this Declaration or otherwise arising out of this
Declaration, the prevailing party in such action, arbitration or proceeding shall be entitled to
recover from the other reasonable attorneys' fees to be fixed by the court which shall render a
judgment, as well as the costs of suit.
6. SEVERABIEITY. In the event that any provision or covenant of this Declaration
is held by a court of competent jurisdiction to be invalid or unenforceable, then it shall be
severed from the remaining portions of this Declaration which shall remain in full force and
effect.
7. COVENANTS TO RUN WITH THE LAND. The covenants contained herein
shall constitute "covenants running with the land" pursuant to Civil Code Sections 1460, 1462,
1463, 1464, 1465, 1467 and 1468, to the extent applicable, and shall bind the Property and
every person having an interest therein during the term of this Declaration, including
BORROWER and its successors, heirs and assigns. BORROWER agrees for itself and its
successors that, in the event that, for any reason whatsoever, a court of competent jurisdiction
determines that the foregoing covenants do not run with the land, such covenants shall be
enforced as equitable servitude's against the Property.
8. RECORDATION. This Declaration shall be recorded in the Office of County
Recorder of San Diego, California.
9. REMEDIES CUMULATIVE. CITY shall have the right, in the event of any
breach of any such agreement or covenant contained herein, to exercise all the rights and
remedies, and to maintain any actions at law or suits in equity or other proper proceedings to
redress the breach of such agreement or covenant,
10. MORTGAGEE PROTECTION. No violation or breach of the covenants,
/Eneinitas/CC&RS.005 Page 5 of 9
00 97
conditions, restrictions, provisions or limitations contained in this Declaration shall defeat,
render invalid or in any way impair the lien or charge of any permitted deed of trust recorded
on the Property provided, however, that any subsequent owner of the Property shall be bound
by the covenants, conditions, restrictions, limitations and provisions of this Agreement,
whether such owner's title was acquired by foreclosure, deed in lieu of foreclosure, trustee's
sale or otherwise.
11. HEADINGS. The headings used in this Declaration are for convenience only
and are not to be used to interpret the meaning of any of the provisions of this Declaration.
12. LIBERAL CONSTRUCTION. The provisions of this Declaration shall be
liberally construed to effectuate its purpose. Failure to enforce any provision of this
Declaration shall not constitute a waiver of the right to enforce the provision later.
13. NUMBER; GENDER. The singular shall include the plural and the plural the
singular, unless the context requires the contrary; and the masculine, feminine and neuter
shall include the masculine, feminine or neuter, as the context requires.
14. EXHIBITS. Any exhibits referenced herein and attached to this Declaration are
hereby incorporated by reference.
15. NOTICES TO MORTGAGEES OF RECORD. On any loss to the Property, if
such loss exceeds One Thousand Dollars ($1,000.00), notice in writing of such loss shall be
given to each mortgagee of record.
16. FIRE AND EXTENDED COVERAGE INSURANCE. BORROWER shall obtain
and maintain a policy of fire insurance for the full insurable value of all the improvements
within the Property. The form, content and term of the policy, its endorsements and the
issuing company must be satisfactory to all mortgagees. If more than one mortgagee has a
loan of record against the Property, or any part thereof, the policy and endorsement shall
meet the maximum standards of the various mortgagees represented in the Property. The
policy shall contain an agreed amount endorsement or its equivalent, an increased cost of
construction endorsement, vandalism and malicious mischief coverage, a special form
endorsement and a determinable cash adjustment clause or a similar clause to permit cash
settlements covering the full value of the improvements in case of partial destruction and a
decision not to rebuild. The policy shall name as insureds the owners, BORROWER and the
mortgagees, as long as their respective interests may appear. "Mortgagees", as used herein,
includes beneficiaries under a deed of trust.
17. BINDING EFFECT. This Declaration shall inure to the benefit of and be binding
upon the successors and assigns of the BORROWER and the heirs, personal
representatives, grantees, tenants, successors-in-interestor assigns of the owners.
18. CERTIFICATIONS BY BORROWER. As and when required by the CITY, but
not more frequently than once a year BORROWER shall certify to the CITY that
BORROWER:
/Eneinitas/CC&RS.005 Page 6 of 9
00 972
(a) Complies with all the terms and conditions of this Declaration and the
Trust Deed; and,
(b) Has obtained and does maintain fire and casualty insurance on the
Property satisfactory to the CITY, including a certificate of insurance, of which the CITY
shall be a holder, from the insurance company providing coverage satisfactory to the
CITY which may not be cancelled by the insurance company without thirty (30) days
advance notice of cancellation.
"BORROWER"
Date: ~'~,~..'J o'~,~. SAN DIEGO HABITAT FOR HUMANITY, INC.
'-~ .'~.~a.~V~ , Executive Director
Tom Durwood
~n~itwccews.oos Page 7 of 9
00 973
ACKNOWLEDGMENT
State of California )
)
County of San Diego )
Or~l~ .~'~, 200~,, before me,~).~ff'~ personally appeared,
"~"~(~[~(~_~ [~['U. ~Oq personally known, to me (or proved to me on
the basis of satisfactory evidence) to be the person(j~ whose name~ is/~e subscribed to the
within instrument "COVENANTS, CONDITIONS AND RESTRICTIONS" and acknowledged to
me that he/ch=/thcy executed the same in his/he~hei~authorized capacity(~,~), and that by
his/hef/~'~' signature~) on the instrument the person~), or the entity on behalf of which the
person(~ acted, executed the instrument.
WITNESS my hand and official seal.
signature~/T~
(Seal)
/Eneinitas/cc&as.005 Page 8 of 9
001974
GOVERNMENT CODE 27361.7
I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON
THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS
FOLLOWS:
NAME OF THE NOTARY:
COUNTY WHERE BOND IS FILED:
(Located on both sides of the notary seal border)
SIGNATURE~FIRST AMERICAN TITLE INSURANCE CO.
PLACE OF EXECUTION: SAN DIEGO, CALIFORNIA DATE:
ORDER NO. 1274020-8
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY
OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
THAT PORTION OF LOT 1 IN BLOCK 1 OF AVOCADO ACRES, IN THE CITY OF ENCINITAS,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1791,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 24,
1924, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT l, THENCE ALONG THE SOUTH
LINE THEREOF SOUTH 89°25'19' EAST, 169.92 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID SOUTH LINE, SOUTH 89°25'19'' EAST, 120.00 FEET TO
THE SOUTHEAST CORNER OF SAID LOT l; THENCE ALONG THE EASTERLY LINE
THEREOF, NORTH 05°18'12'' EAST, 60.26 FEET TO SAID SOUTHERLY RIGHT OF WAY LINE
OF LEUCADIA BOULEVARD; THENCE ALONG SAID RIGHT OF WAY, NORTH 89°14'13'
WEST, 119.96 FEET; THENCE LEAVING SAID RIGHT OF WAY, SOUTH 05°18'31' WEST, 60.65
FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 1 BEING THE TRUE POINT OF
BEGINNING.
SAID PROPERTY BEING DESCRIBED AS PARCEL C IN A CERTIFICATE OF COMPLIANCE
RECORDED ON JULY 31, 2001 AS FILE NO. 2001-0536777 OF OFFICIAL RECORDS OF SAID
SAN DIEGO COUNTY.
RESERVING THEREFROM AN EASEMENT AND RIGHT OF AWAY FOR ACCESS, UTILITY
AND APPURTENANCES THERETO OVER, UNDER, ALONG AND ACROSS:
THAT PORTION OF LOT 1 IN BLOCK 1 OF AVOCADO ACRES, IN THE CITY OF ENCINITAS,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1791,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 24,
1924, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT l, THENCE ALONG THE
SOUTHERLY LINE OF SAID LOT l, SOUTH 89°25'19" EAST, 169.92 FEET TO THE TRUE POINT
OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY LINE, SOUTH 89°25'19''
EAST, 120.00 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 1; THENCE ALONG
THE EASTERLY LINE OF SAID LOT l, NORTH 05°18'12' EAST, 24.08 FEET TO A POINT ON A
NON-TANGENT 30.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY (A RADIAL LINE FROM
SAID POINT BEARS 0°34'41'' WEST); THENCE WESTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE 26°31 '27" AN ARC DISTANCE OF 13.89 FEET; THENCE TANGENT TO SAID
CURVE 64°03'14'' WEST 8.88 FEET TO THE BEGINNING OF AN 8.33 FOOT RADIUS CURVE
CONCAVE NORTHERLY; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 26°31'27' AN ARC DISTANCE OF 3.86 FEET TO A POINT ON A LINE WHICH IS
16.00 FEET NORTHERLY OF AND PARALLEL WITH SAID SOUTHERLY LINE OF LOT l;
THENCE ALONG SAID PARALLEL LINE NORTH 89025, 19" WEST 95.60 FEET; THENCE SOUTH
05°18'31'' WEST, 16.05 FEET TO THE TRUE POINT OF BEGINNING.
SAID EASEMENT IS HEREBY DECLARED TO BE APPURTENANT TO AND FOR THE USE
AND BENEFIT OF ASSESSOR'S PARCEL NUMBER 256-122-05.
PAGE 4