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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