2000-14259
THIS FILE CONTAINS THE ORIGINAL VERSION OF THE
DEVELOPMENT AGREEMENT AND IMPLEMENTATION
AGREEMENTS ONE AND TWO.
PLEASE CHECK WITH THE CITY MANAGER'S OFFICE FOR
SUBSEQUENT ADDITIONS OR MODIFICATIONS TO THE
ORIGINAL DEVELOPMENT AGREEMENT.
f
. . DOC' 2000-0014259
.
JAN 10. 2000 4:10 PM
i';),'1..~'"lS\-\'ð OFFIGIfl RECORDS
RECORDING REQUESTED BY: 6 3 SfVi DIEGO IIUNTY RECffiDER'S OFFICE
RECORDED REQUEßtp OF FIBSr¡< AMERICAN TITLE 6 3 GREOORV J. SMITH, COUNTV REcœDER
SUBDIVISION MAPPING DEPARTMENT FEES: 22.00
AND WHEN RECORDED RETURN TO: IIIIIIIIII~ II'IIII~IIIII ~II" II~IIII~ IIIIIIIIIIIII~ II~II~ IIII
City ofEncinitas
Att'n: City Manager 2000-0014259
~ SO5 80mb V"k~ A'M~
~ r) Encinitas, California 92024 FREE RECORDING GOVT CODE §61O3
\9\ SPACE ABOVE THIS LINE FOR REcORDER'S USE
Jlf} .
11 () , , W-- ASSIGNMENT OF DEVELOPMENT AGREEMENT
~.~ * Lis
7lol'1 '
(P,/tt.ø For valuable consideration, receipt of which is hereby acknowledged, CARLSBAD
,,;'l. RANCH COMPANY, L.P., a California limited partnership, ("Assignor"), hereby assigns
to ENCINITAS RANCH LLC, a California limited liability company ("Assignee"), all of
Assignor's rights and benefits in that certain Development Agreement by and between City
of Encinitas and Carltas Company, a California limited partnership; Paul Ecke Ranch, a
California corporation; P.E. III Properties, LLC, a California limited liability company;
Paul Ecke, Jr. and Elisabeth K. Ecke, both individually and as Co-Trustees under Trust
Agreement dated March 7, 1983; North Mesa LLC, a California limited liability company;
RE.L.S., Inc., a California corporation; Charles S. Carter and Ruth Draper Carter, both as
Co-Trustees under the Declaration of Trust dated June 2, 1982; Raymond A. Whitwer, an
individual; David N. Whitwer, an individual; Craig P. Whitwer, an individual; and
Geneen 1. Whitwer, an individual, dated September 28,,1994, as recorded in the Office of
the County Recorder of San Diego County, December 14, 1994, as Document
No, 1994-0713677 (the "Development Agreement"), but as to only the land rnore
particularly described in Schedule 1 attached hereto and made a part hereof (the "Real
Property"). Such assignment includes, without limitation, the right to obtain building
permits and all other benefits under the Development Agreement, subject to the entitlement
and limitations set forth in the Development Agreement.
Nothing contained herein or in the "Acceptance" or "Consent" set forth below shall
be construed to relieve Assignor of its obligations under the Development Agreement with
respect to any real property subject to the Development Agreement retained by Assignor.
Effectiveness of this Assignment is conditioned upon the conveyance of the Real
Property.
1
I
. .
. 6634
This Assignment has been executed at Carlsbad, California, as of October 14, 1999.
CARLSBAD RANCH COMPANY, LP., a
California limited partnership
By: Carltas Company, a California
limited partnership
Its: General Partner
By:
STATE OF CALIFORNIA )
)ss.
COUNTY OF SAN DIEGO )
On ono,s€'R 1'+ , 199~, before me, the undersigned Notary Public, personally
appeared CHRISTOPHER C. CALKINS personally known to me or proved to me on the
basis of satisfactory evidence to be the personfsf whose namefs1 islafe subscribed to the
within instrument, and acknowledged to me that heishe!-they executed the same in
hisiflefltheff authorized capacity~, and that by his/her/their signaturefs1 on the
instrument the personfsj, or the entity upon behalf of which the personfsf acted, executed
the instrument.
WITNESS my hand and official seal. h{~
R. ~o--
(SEAL)
lä- ~;.;,;.;;.- f
- Commission 111229019 I
i' Notary Public - California -
j San Diego County f
- - - -My_C~~:J~1:~
2
. 66~
.
ACCEPTANCE
ENCINITAS RANCH LLC, a California lirnited liability company ("Assignee"),
hereby (i) accepts the foregoing Assignment and (ii) assumes the duties, obligations and
liabilities arising ITom the Development Agreement as described thereunder related to the
Real Property, it being understood that such assumption shall include unperformed
obligations, if any, of Assignor which were to have been performed prior to the effective
date of the Assignment but have not been so performed.
Assignee acknowledges and agrees that Assignee has read and understands the
Development Agreement and all of the provisions thereof, including without limitation the
joint and several obligation to reimburse the City ofEncinitas for specified processing costs
and the cost of acquiring Indianhead Canyon Parcel regardless of whether any portion of
the Project described in the Development Agreement is actually developed.
This Acceptance has been executed as of Cb-\o~ ~ ,1999.
Assignee:
ENCINITAS
liability comp
By:
Ure R. Kretowicz, Manager
3
. tÞ 663GtÞ
, STATE OF CALIFORNIA )
)ss.
COUNTY OF SAN DIEGO )
On 0!t{\\:aU' ~ , 199i, before me, the undersigned Notary Public, personally
appeared URE R. KRETOWIeZ personally known to me or proved to me on the basis of
satisfactory evidence to be the personfs1 whose name€s1 is.lare subscribed to the within
instrument, and acknowledged to me that hc/she!they executed the same in hisAier,4heir
authorized capacityfiesj. and that by hisAier,itheir signature€s1 on the instrument the
personfs1. or the entity upon behalf of which the personfs1 acted, executed the instrument.
WITNESS my hand and official seal. ~
i ~ ~ ~ ~ ~ ;:n:R:E:G:C; - i
- Commission' 1C96663
i.: Notay Pubßc - CoIIfomIa I
(S E A L) i sanDiegoCOUnty 1
My Comm, Exp~.. ÞfJI 28. 2IXXI
- - ~ - - - - - - - - I
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
On Od-ow z.<t , 19<11, before me, the undersigned Notary Public, personally
appeared FREDERICK JAMES WALKER personally known to me or proved to me on the
basis of satisfactory evidence to be the personfs1 whose name€s1 islafe subscribed to the
within instrument, and acknowledged to me tl1at he.'ske.'1Iiey executed the same in
his.'her,itheir authorized capacityfiesj, and that by hisihef.'their signature€s1 on the
instrument the personfs1, or the entity upon behalf of which the personfs1 acted, executed
the instrument.
WITNESS my hand and official seal. ~~
(SEAL) ~ ~ - ;:';ER1:E:G~ - ¡
Commission' 1C96663 I
i Notay Pubic - ealtomla -
san Diego COUnty i
i - - - - My- Co~~ ~n::~,: 2~ z:
4
.
. 6637 .
CONSENT
The City of Encinitas hereby consents to the foregoing Assignment. The City of
Encinitas hereby acknowledges that this Assignment complies with Section 3.1.6 of the
Development Agreement. The City of Encinitas further agrees that Assignor is hereby
released from any and all obligations related to the Development Agreement as they relate
only to the Real Property described on Schedule I.
This Consent has been executed at Encinitas, California, as ofOctober~ 1999.
THE CITY OF ENCINITAS, a municipal
corporation
BY~ ~ity Manager
STATE OF CALIFORNIA )
)ss.
COUNTY OF SAN DIEGO )
On oc::ro.QfR '2 ~ 199 j before me, the undersigned Notary Public, personally
appeared ..3:,. ISEAJ-sotV personally known to me or
proved to me on the basis of satisfactory evidence to be the personlt) whose name(ijIJ is/¡¡(e
subscribed to the within instrument, and acknowledged to me that he/sHe4hey executed the
same in hisa-ltheir authorized capacity(.i-es1; and that by his~ signature~ on the
instrument the person~, or the entity upon behalf of which the person(j) acted, executed
the instrument.
WITNESS my hand and official seal. ~~ [y~
(SEAL)
i"l'~ 1'."""" I 10 11110 10 I 10 III 1111 'f
. .., ,"" PATRICIA DREW
;:J Comm. # 1143097 £
.,..* NOT'RYPU.~IFORNIA en
í ' SANOIEGOCOUNlY'"
tllllll;I';III~r'~~'I';':':'.~~';e,~~'I~~~i
5
.
' . . . 6638 .
.
'. , . SCHEDULE 1
to
ASSIGNMENT OF DEVELOPMENT AGREEMENT
LEGAL DESCRIPTION OF THE REAL PROPERTY
That certain real property in the City of Encinitas, County of San Diego, State of California,
described as follows:
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY
OF SAN DIEGO, AND IS DESCRlBED AS FOLLOWS:
PARCEL A:
LOT 62 OF CITY OF ENCINITAS TRACT NO. 94-066 UNITS 4, 5 AND 6, IN THE CITY OF
ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 13356, ffiED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, SEPTEMBER 4, 1996.
PARCEL B:
THE NORTHWEST QUARTER OF THE SOUTIffiAST QUARTER OF SECTION 10, TOWNSmP 13
SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF.
EXCEPTING THEREFROM THAT PORTION LYING WESTERLY OF THE FOLLOWING
DESCRIBED LINE:
BEGINNING AT A POINT ON THE SOUTIffiRLY LINE OF SAID NORTHWEST QUARTER AS
SHOWN ON RECORD OF SURVEY MAP NO. 8734, FILED IN TIIE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, DISTANT SOUTH 89°18'41" EAST 299.77 FEET FROM THE
SOUTHWEST CORNER OF SAID NORTHWEST QUARTER; THENCE LEAVING SAID
SOUTHERLY LINE, NORTH 2°18'00" EAST 715.02 FEET; THENCE NORTH 89°18'41" WEST 204.63
FEET; THENCE NORTH 2°56'40" EAST 427.78 FEET; THENCE NORTH 6°41'28" WEST 159.55 FEET
TO THE NORTHERLY LINE OF SAID NORTHWEST QUARTER.
SAID LAND IS ALSO DESCRIBED AS PARCEL 2 OF CERTIFICATE OF COMPLIANCE
RECORDED FEBRUARY 25, 1999, AS FILE NO. 1999-0118564 OF OFFICIAL RECORDS.
~
; . Wi l'Sî 1-1-: DOC #
. iœmi'mED F:E""T~'I1 OF FIRST AMERICAN TITLE
SUEmVTfWiN M¡',Tì'TNG DEPARTME()T~ 30 DEC: J,,6, l ':;:J ~J fJ L:::": :ZE'J Pt",u
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO: OFFICIAL REcO~:DS
U;N DIEGO COUNTY RECORDEf"S DfTIC,
City ofEncinita$ iPEGDh'¥ J. SriITH, COON]\' k:ECOf:DER
505 South Vulcan Avenue FEES: 28.00
Encinitas, California 92024 SPAC 111~111~~~IIIIIIIIIIIIIIIIII~IIIII~~I~~I~~111111111111I
Attn: City Manager
1998-0820904
(lÁ "'-CL-UKLJJ:!J.<.'::; U::;b
'SV ASSIGNMENT OF CITY DEVELOPMENT AGREEMENT
Thi$ As$ignmel1t of City Development Agreement, dated November II, 1997, is
made with respect to the following recitals:
A. ENCINITAS TOWN CENTER ASSOCIATES, LLC, a Delaware limited
liability company ("Assignor") as the owner of the land more particularly described in
Schedule 1 attached hereto and made a part hereof (the "Real Property") distributed the
Real Property to its members, which its members concU1Telltly contributed to
ENCINITAS TOWN CENTER ASSOCIATES ll, LLC, a Delaware limited liability
company ("Assignee").
B. Assignor and Assignee now desire to document Assignee's rights and
obligations under the Development Agreement, as defined below, to reflect the transfer of
the Real Property from Assignor to Assignee.
For valuable consideration, receipt of which is hereby acknowledged, Assignor
hereby assigns to Assignee, all of Assignor's rights and benefits in that certain
Development Agreement by and between City of Encinitas and Carltas Company, a
California limited partnership; Paul Ecke Ranch, a California corporation; P.E. ill
Properties, LLC, a California limited liability company; Paul Ec:ke, Ir. and Elisabeth K.
Ecke, both individually and as Co-Trustee¡¡ under Trust Agreement dated March 7,1983;
North Mesa lLC, a California limited liability company; R.E.L.S., Inc., a California
corporation; Charles S. and Ruth Draper Carter, both as Co-Trustees under the
declaration of Trust dated Iune 2, 1982; Raymond A. Whitwer, an individual; David N.
Whitwer, an individual; Craig p, Whitwer, an individual; and Geneen L. Whitwer, an
individual, dated September 28, 1994, as recorded in the Office of the County Recorder
of San Diego County, December 14, 1994, as Document No, 1994-0713677 (the
"Development Agreement"), but as to only the Real Propeny. Said assignment includes,
without limitation, the right to obtain building permits and all other benefits under the
Development Agreement, subject to the entitlement and limitations set forth in the
Development Agreement.
[remainder of page intentionally left blank]
"\OI!NI!ItAL,^"",""",,,,(]f ClTYDllVAO><I'1 DOC.'" I
i I
. 31
" Nothing contained herein or in the "Acceptance" or "Consent" set forth below shall be
construed to relieve Assignor of its obligations under the Development Agreement with
respect to any real property subject to the Development Agreement retained by Assignor.
Effectiveness of this Agreement is conditioned upon the conveyance of the Real
Property to Assignee.
This Assignment has been executed at j LJ..j~Y/~, California, as of
November 11, 1997. .
Assignor:
ENCINITAS TOWN CENTER ASSOCIATES, LLC,
a Delaware limited liability company
By: ZRP Encinitas, LLC, a Delaware
limited liability company, Operating Member
By: Zelman Retail Partners, Inc., a
California corporation
Its: Mana . gM
s,--""""""""" or CITY """ AGkn. DOC.'" 2
J 32
ACCEPTANCE
ENCINITAS TOWN CENTER ASSOCIATES II. LLC. a Delaware limited
liability company ("Assignee"), hereby (i) accepts the foregoing Assignment and (ii)
assumes the duties, obligations and liabilities arising ti'om the Development Agreement
as described thereunder, it being understood that such assumption shall include
unperfonned obligations, if any, of Assignor which were to have been performed prior to
the effective date of the Assignment but have not been so performed.
Assignee acknowledges and agrees that Assignee has read and understands the
Development Agreement and all of the provisions thereof, including without limitation
the joint and several obligation to reimburse the City ofEncinitas for specified processing
costs and the cost of acquiring Indian Head Canyon Parcel regardless of whether any
portion of the Project described in the Development Agreement is actually developed.
This Acceptance has been executed as of November 11, 1997,
Assignee:
ENCINITAS TOWN CENTER ASSOCIATES II, u.C,
a Delaware limited liability company
By: ZRP Encinitas, LLC, a Delaware
limited liability company, Operating Member
By: Zelman Retail Partners, Inc., a
Ca1ífomìacorporation
Its: Mana . g
,,10"""""""'- Of! Clf'/ D8V AOMn. --... 3
. ,
v 33
CONSENT
The City of Encinitas hereby consents to the foregoing Assignment. The City hereby
acknowledges that this Assignment complies with Section 3.1.6 of the Development
Agreement. The City further agrees that Assignor is hereby released from any and all
obligations related to the Development Agreement as they relate olÙY to the Real
Property described on Schedule 1.
This Consent has been executed at Encinitas, California, as of ¡}" 9 ,
1998.
THE CITY OF ENClNITAS,
.~
By:
f'Z Manager
"_L~orQTYD8VAa>m.DOC,'" 4
'. :
34
SCHEDULE 1
TO
ASSIGNMENT OF DEVELOPMENT AGREEMENT
LEGAL DESCRIPTION OF PROPERTY
LOTS 1 THROUGH 9, 16, AND 35 OF AMENDED MAP OF CITY OF ENClNITAS
MAP NO. 13258 CITY OF ENCINlTAS TRACT NO. 94-066, UNITS I, nAND m. IN
THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 13333, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 3, 1996.
SUBJECT TO AN UNRECORDED CONDITIONAL IRREVOCABLE OFFER TO
DEDICATE REAL PROPERTY FOR PERFORMING ARTS THEATER OF LOT 16
OF SAID MAP NO. 13258.
s.1<iIi!œ1W.1ASS1ONMf1<T Of crrvDBV Amt'n. ooc.... 5
I
,-' 35
ALL-PURPOSE ACKNOWLEDGEMENT
State of California )
) ss.
County of San Diego )
On December 9, 1998, before me, Patricia Drew, Notary Public,
appeared James F. Benson, personally known to me to be the person
whose name is subscribed to the within instrument and acknowledged
to me that he executed the same in his authorized capacity, and that
by his signature on the instrument, or the entity upon behalf of which
the person acted, executed the instrument. "",""
,',
WITNESS my hand and official seal
~.~~
Patricia Drew, Notary Public SEAL
My Commission Expires June 22, 2001
g: cmlmisclacknlLMW
SE ACKNOWLEDGMENT U L 36
State of
On
D personally known to me
~roved to me on the basis of satisfactory evidence
to be the personMwhose name(~S/# subscribed to the
within instrumerff"and acknowl~cfi~dto me that h'e/~w.
executed the samE¡jn .hi¡ìr'~th)lfr authorized capacity~
NAlCE and ;ghat y his/~hpif signature~n the instrument the
- ~ comrr:~c* ~~ person, or the entity upon behalf of which the person~
1 ~I\dc-~ acte , executed the Instrument.
Lea Angeles Ccunty -
t. to. - ~-~~~:~
Though the information below is not required by law, il may prove valuable 10 persons relying on the document and could prevent
fraudulent removal and reaffachment of this form to another document.
Description of Attached Document
"", "'- 0' Do,"m,"'~' 01 (}¡ Sb~ t!i
Document Date: J Number of Pages:
Signer(s) Other Than Named Above: "-- ~
~
Signer' Signer's Name:
~ndivi ~ Q D Individual
Corporat . fficer net';(¡ D Corporate Officer
Title(s): Title(s):
D Partner - D Limited D General D Partner - D Limited D General
D Attorney-in-Fact D Attorney-in-Fact
D Trustee D Trustee
D Guardian or Conservator . D Guardian or Conservator .
D Other: Top of themb he'e D Other: Top of themb hece
Signer Is Representing: Signer Is Representing:
@1996 No!;o""' Nota'YA,~,¡"ioo' 8236 R,mmaIA'a.. PO. eo> 7184' CaMgo Po,'. CA91309-7184 Pmd. No. 5907 R""'a" CoIITolI-F'aa1-80D-876-6627
" . 37
URPOSEACKNOWLEDGMENT '-'
On
0 personally known to me
~roved to me on the basis of satisfactory evidence
to be the pers~ whose namer)(is/?, subscrib~ the
within instrum t and aCk~ledged to me that he/ e~
J@' =~:=-I executed the same~/ /thVr authorized capaci~
and t~ hiS/¥r/t r signatu~ on the instrum t the
I NefarVI'\i:IIc:-~ person, or the e ity upon belíalf of which the perso~
j.~_~~~~1 acted, executed the instrument.
0
Though the information below is nol required by law, il 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~ment
Title or Type of Document: ~~
Doc,- Da. t! / Number of Pages: /
--...
Signer(s) Other Than Named Abov . -------
igner's Name:
/:ndi. ~ Q 0 Individual
0 Corporate Officer
Corporate ~G Vt-Æ Title(s):
Title(s): J
0 Partner - 0 Limited 0 General 0 Partner - 0 Limited 0 General
0 Attorney-in-Fact 0 Attorney-in-Fact
0 Trustee 0 Trustee
0 Guardian or Conservator . 0 Guardian or Conservator .
0 Other: Top of thumb here 0 Other: Top of thumb here
Signer Is Representing: Signer Is Representing:
C 1996 Na""a' Nota~ A",ociatioo' 8236 "emmet A'e.. p.O 60, 7t84. Coooga P.,k. CA 91309.7184 P'od No. 5907 ",o"'e" C.II70"",ee 1-800-876.6827
'. v. DOC #
RECOIDJE1J BEOOES'r 01' ~'lRST Al\Œ,~ICAN Xl.i:1,B
SijTIID l&1illOi IW?IUNG DRP A R'I'M1i1N'II MA ;~ 02. -1.9 9 E~ 4=06 F'r"'!,
\\~I£6ú~~')- \ =5 1662 OFFICIAL fiEJ:Of!D:J
:JAN DIEGO COUNTY RECORDER'S OFFICE
, RECORDING REQUESTED BY: GREGOR'I ,1, SHITH., COUNTY RECORDEF\
FEES: 0,00
AND WHEN RECORDED RETURN IIIIlllllllllllllllllllllllllfjml¡~I~JIIIIIIIII 1111111111 11111111
TO:
City of Encinitas
Att'n: City Manager "
505 South Vulcan Avenue
Encinitas, California 92024 FREE RECORDING
GOVT CODE §6103
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSIGNMENT OF DEVELOPMENT AGREEMENT
For valuable consideration, receipt of which is hereby acknowledged,
CARLTAS COMPANY, a California limited partnership, P.E.III PROPERTIES
LLC, a California limited liability company, PAUL ECKE, JR., TRUSTEE, PAUL
ECKE, JR., TRUST DTD 8/7/97, LlZBETH A. ECKE, TRUSTEE OF THE
LlZBETH A. ECKE TRUST DATED MARCH 31,1994, and NORTH MESA, LLC,
a California limited liability company (collectively, "Assignor"), hereby assigns to
ENCINITAS RANCH LLC, a California limited liability company ("Assignee"), all of
Assignor's rights and benefits in that certain Development Agreement by and
between City of Encinitas and Carltas Company, a California limited partnership;
Paul Ecke Ranch, a California corporation; P,E. III Properties, LLC, a California
limited liability company; Paul Ecke, Jr. and Elisabeth K, Ecke, both individually
and as Co-Trustees under Trust Agreement dated March 7, 1983; North Mesa
LLC, a California limited liability company; RE.L.S., Inc" a California corporation;
Charles S. Carter and Ruth Draper Carter, both as Co-Trustees under the
Declaration of Trust dated June 2, 1982; Raymond A. Whitwer, an individual;
David N. Whitwer, an individual; Craig P. Whitwer, an individual; and Geneen L.
Whitwer, an individual, dated September 28, 1994, as recorded in the Office of the
County Recorder of San Diego County, December 14, 1994, as Document
No. 1994-0713677 (the "Development Agreement"), but as to only the land more
particularly described in Schedule 1 attached hereto and made a part hereof (the
"Real Property"). Such assignment includes, without limitation, the right to obtain
building permits and all other benefits under the Development Agreement, subject
to the entitlement and limitations set forth in the Development Agreement.
'. v.
1663
Nothing contained herein or in the "Acceptance" or "Consent" set forth
below shall be construed to relieve Assignor of its obligations under the
Development Agreement with respect to any real property subject to the
Development Agreement retained by Assignor,
Effectiveness of this Assignment is conditioned upon the conveyance of the
Real Property.
This Assignment has been executed at (/¡}¡[L5fJA[)
California, as of fÎffJf-,U f'rK 'I 11 , 1998.
"Assignee"
CARL TAS COMPANY, a California P,E. III PROPERTIES LLC, a
limited partnership California limited liability company
~
By: Carltas Management, a By:
California corporation Paul cke III, Trustee of the Paul
Its: I Pa ner Ecke III Revocable Trust dated
September 22, 1989
, .
ATTACH NOTARY ACKNOWLEDGMENT FORMS
2
'.
1664
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California }
} ss.
County of San Diego}
On February 19, 1998, before me, Karen A. Phelps, Notary Public, personally
appeared Christopher C. Calkins, personally known to me to be the person
whose name is subscribed to the within instrument and acknowledged to me that
he executed the same in his 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.
1- - - - - ;J"EN:~- -I WITNESS my hand and official seal. ì
. Comml$SiOn , 1169873 )
j ND':n=-cc::*' ~ ,,// ~ ~ / 1-)-
~ ~:a:m.:~~I~~t , <",,~¡//(i <~ / ~ //
- - - - ..- / SIG TURE OF N~ .
" j
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California }
} ss.
County of San Diego}
On February 19, 1998, before me, Karen A. Phelps, Notary Public, personally
appeared Paul Ecke, Jr., personally known to me to be the person whose name
is subscribed to the within instrument and acknowledged to me that he executed
the same in his 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.
. KAREN A. PHELPS
Commission" 1169873
i' Notay Puollc - Califooja
j Son ~ COUI1y f
~COmm.& Rs.Jc:n 16.2112
_4._----~----
" "
1665
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California }
} ss,
County of San Diego}
On February 19, 1998, before me, Karen A, Phelps, Notary Public, personally
appeared Lizbeth A. Ecke, personally known to me to be the person whose
name is subscribed to the within instrument and acknowledged to me that she
executed the same in her authorized capacity and that by her signature on the
instrument the person or the entity upon behalf of which the person acted,
executed the instrument.
~------------J
KAREN "- PHElPS
-" CommiSSion /; 1169873 ;¡;
i Notay Public - Calilania s: . .
~ San ~ Counly f /
- ~ - -My:<:"'.:.~~l~~
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California }
} ss,
County of San Diego }
On February 19, 1998, before me, Karen A. Phelps, Notary Public, personally
appeared Paul Ecke, III, personally known to me to be the person whose name
is subscribed to the within instrument and acknowledged to me that he executed
the same in his 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.
KAREN A. PHElPS
. Commission/; 1169873
i ',.. . Notary Public - Calilanla
j San Diego County f
- - - -My:<:"'.:.~X:1~~
,
ACCEPTANCE 1666
ENCINITAS RANCH LLC, a California limited liability company
("Assignee"), hereby (i) accepts the foregoing Assignment and (ii) assumes the
duties, obligations and liabilities arising from the Development Agreement as
described thereunder related to the Real Property, it being understood that such
assumption shall include unperformed obligations, if any, of Assignor which were
to have been performed prior to the effective date of the Assignment but have not
been so performed.
Assignee acknowledges and agrees that Assignee has read and
understands the Development Agreement and all of the provisions thereof,
including without limitation the joint and several obligation to reimburse the City of
Encinitas for specified processing costs and the cost of acquiring Indianhead
Canyon Parcel regardless of whether any portion of the Project described in the
Development Agreement is actually developed.
This Acceptance has been executed as of F.i/'n..",'Y 2'-1 ,1998.
Assignee:
By:
ATTACH NOTARY ACKNOWLEDGMENT FORMS
3
-<.
CONSENT 166'1
The City of Encinitas hereby consents to the foregoing Assignment. The
City of Encinitas hereby acknowledges that this Assignment complies with
Section 3.1.6 of the Development Agreement. The City of Encinitas further agrees
that Assignor is hereby released from any and all obligations related to the
Development Agreement as they relate only to the Real Property described on
Schedule 1.
I This Consent has been executed at Encinitas, California, as of
Fe 1:7 '2. ~ ,1998.
THE CITY OF ENCINITAS, a municipal
corporation
BY:~ ~IJ~-
J.,,{vr¿/',- ¡VI, ()JCt<;<;ÇJ(l1!Þl" , City Manager
ATTACH NOTARY ACKNOWLEDGMENT FORMS
4
'.
SCHEDULE 1 1668
to
ASSIGNMENT OF DEVELOPMENT AGREEMENT
LEGAL DESCRIPTION OF THE REAL PROPERTY
That certain real property in the City of Encinitas, County of San Diego, State of
California, described as follows:
LOTS 48, 49, 56, 67, 71, 72, AND 75 OF CITY OF ENCINITAS TRACT NO. 94-
066 UNITS 4, 5, AND 6, IN THE CITY OF ENCINITAS, COUNTY OF SAN
DIEGO, STATE CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13356,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, SEPTEMBER 4,1996.
5
~ '"
,
STATE OF CALIFORNIA) 16 .
C~ . 1\' ) ss. 69
COUNTY OF ~\ e.~
On c2' 25. '12 , before me, the undersi,gned a Notary Public in and
for said County and State, personally appeared (1ft' ~ V<. Kt'::¿~(,VíC~ ,
personally known to me or proved to me on the basis of satisfactory evidence to be the
person(s) whose Name(s) is/are subscribed to the within instrument, and acknowledged
to me that he/she/they executed the same in his/her/their authorized capacity(ies), and
that by his/her/their signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
8. ~ M. ....
CanImIIIIan, 11111P1
.:;:::':'~ #.~ e/'n 10 niL
NO RY PUBLIC
STATE OF CALIFORNIA)
,0- .. 1'-..1 ) ss.
COUNTY OF JVI\ lJ¡~)
On d - () 5. ~ 2 , before me, the undersigned, a Notary Public in and
for said County and State, personally appeared Ç(-.æ..d fA ';ill, '3õ.X\U...,,- W~-
personally known to me or proved to me on the basis of satisfactory evidence to be the
person(s) whose Name(s) is/are subscribed to the within instrument, and acknowledged
to me that he/she/they executed the same in his/her/their authorized capacity(ies), and
that by his/her/their signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
J ~ - - - :=~=: - f . J/}1 ~
I~.:;~:~?; I ~~ --1
-9-
LA1980370010
,,\
"
. ,
1670
ALL-PURPOSE ACKNOWLEDGEMENT
State of California )
) ss.
County of San Diego )
On February 26, 1998, before me, Patricia Drew, Notary Public,
appeared Lauren M. Wasserman, personally known to me to be the
person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his authorized
capacity, and that by his signature on the instrument, or the entity
upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal 1""',"""""""""""""""1'
,.-.' PATRICIA DREW
;;;:' Comm.tlllØ)97 £
I ;:>?~~ '1,-e~ re, NOT_~ '"
( i ' SAN DIEGO COUNTY ~
My COI1III. Exp, June 22, 2001;
""""""""""""".!.""" ' ,
Patricia Drew, Notary Public
My Commission Expires June 22, 2001 SEAL
pdlmisclack.LW
I
'" ,
" .
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 NotalY: .pAí~IC(p. j) R EIAJ
Commission Number: II L1.3cP1r Date Commission Expires: -:JutJ£ ':2.2,200t
County WhereB¡:md is Filed: SAN D/6&o
ManufaQturer or Vendor Number: CRs4
{located onboth-sides of the notalY.s~al border}
Signature: ./!44td/t.{}. dÞt rio' "fire'-;', 1b-n,gz(c¡!,J nl1.£ 1N:s.
. . . Fi Name (if applicable)
, 'Place of Executiop: StArJ iJtt,&o Date: 3/¿/Ctrr
, ,
Rec. Form .RIO (Rev. 7/961
. .
, RECORDED ;\1" ,,1E REQUES:f DOC ~ i 0 9 .., /\ ""... r; .." ¡
" . . {-V"¡!b ~ i f.i.
Cl:ilCAGO TITLE COo .. , '. ".' . ..." ~
GeT 13, 1997 3:5<¡ ::'r~
V RECORDING REQUESTED BY
California Traditions, Inc. 1128
12526 High Bluff Drive, Suite 100
San Diego, CA 92130 IIIIIIIIIIIIIIIIIIIIII'~fl~~ffi~ 11111 111111111111111111
AND WHEN RECORDED MAIL TO:
City Clerk, City of Encinitas
505 S. Vulcan Ave,
Encinitas, CA 92024
SPACE ABOVE FOR RECORDER'S USE ONLY
RELEASE OF DEVELOPMENT AGREEMENT
This release of Development Agreement is executed by the City of Encinitas
("City") with reference to the following facts:
A. The City and certain other parties have entered into that certain Development
Agreement adopted by the City Council of the City on September 28, 1994 and
recorded on Decernber 14, 1994 in the Official Records of the Office of the County
Recorder of San Diego County as Docurnent Number 1994-0713677 ("Development
Agreement").
B. The Development Agreement encumbers certain real property in the City of
Encinitas, California, described in the Development Agreement. The Development
Agreement provides that individual residential lots shall be released from the
encumbrance of the Development Agreement upon the City's receipt of a certificate of
completion of improvements for a lot.
C. The City wishes to release real property described herein, commonly known as
San Diego County Assessor's Parcel No. 257-510-02, Encinitas, California, more
particularly described on Exhibit A attached hereto and incorporated herein by this
reference (the "Released Property"), from the encumbrance of the Development
Agreement.
NOW THEREFORE, the City hereby agrees as follows:
1. The improvements on the Released Property have been
completed, and the Released Property is hereby released from any and all of the
rights and obligations of the Development Agreement other than land use (and
affordable housing, if relevant to released unit) such that the Released Property
shall hereafter be held, leased, encumbered, sold and/or conveyed free and clear
of any and all limitations, restrictions, covenants or conditions, easements,
. .
.
1129
rights, benefits or obligations set forth in the Development Agreement except
for land use restrictions.
IN WITNESS WHEREOF, this Release of Development Agreement has been
executed as of October 10,1997,
The City of Encinitas
BY~ ~~
Bill Weedman, City Planner
.
1130
STATE OF CALIFORNIA)
) SS
COUNTY OF SAN DIEGO)
On October 10, 1997, before me, Leona V. Kauflin, Notary Public, appeared Bill Weedman,
proved to me on the basis of satisfactory evidence to be the person whose name is subscribed
to the within instrument and acknowledged to me that he executed the same in his 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.
~-"".""'II"I I"III""l WITNESS my hand and official seal.
fG ~VKMdm
'. . Comm.1#1044127
.,. NOTAAYF1UIIlJC..CAl-
~ MNDIEOOCOUNTY f ~"'"~v~~
' My COR1lll. Exp Nov, 3. 1998
""'111'1""""11""""
eona V. Kauflin, Notary Public
G:\PL-9SIACK-WEED
1131
.
EXHIBIT A TO THE RELEASE OF DEVELOPMENT AGREEMENT
The Released ProDerty
Units 20 through 29, inclusive, of the "Mendocino at Encinitas Ranch Phase I
Condominium Plan", recorded in the Office of the County Recorder of San Diego
County on November 5, 1996 as File # 1996-0559740 of Official Records, said Units
being located within Lot 2 of Map No. 13365, filed in the Office of the County
Recorder of San Diego County on October 24, 1996.
t-
DOC U 1991-0311577
Ol-JUL-1997 03:33 PM
l.:ECORJ)ED REQUEST OF FIRST :AMERICAN TITtJ!!
SUBDIVISIOB MAPPING DEPARTMEN~ OFFICIAL RECORDS
'\ \\ "\ ~O 10 . I 'S SAN D ¡EGO COUNTY RECORDER'S OFFICE
GREGORY SMITH, COUNTY RECORDER
RECORDING REQUESTED BY AND RF: 12.00 FEES: 28.00
WHEN RECORDED RETURN TO: ,I 96 AF: IS. 00
" MF: 1. 00
City of Encinitas
AIt'n: City Manager 1111111 IIIIII"lllllllllæJll~IIIII"IIIIIIIIIIII"1 1111
505 South Vulcan Avenue
Encinitas California 92024
.::TAd '¥ AS A A~\eef'\\eN+- SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSIGNMENT OF CITY DEVELOPMENT AGREEMENT
For a valuable consideration, receipt of which is hereby acknowledged, P.E. III PROPERTIES
LLC, a California limited liability company ("Assignor"), hereby assigns to D.R. HORTON SAN
DIEGO NO. 17, INC., a California corporation ("Assignee"), all of Assignor's rights and benefits
in that certain Development Agreement by and between the City of Encinitas and Carltas
Company, a California limited partnership; Paul Ecke Ranch, a California corporation; P.E. III
Properties, LLC, a California limited liability company; Paul Ecke, Jr. and Elisabeth K. Ecke,
both individually and as Co-Trustees under Trust Agreement dated March 7, 1983; North Mesa
LLC, a California limited liability company; RE.L.S., Inc., a California corporation; Charles S.
Carter and Ruth Draper Carter, both as Co-Trustees under the Declaration of Trust dated June
2,1982; Raymond A, Whitwer, an individual; David N. Whitwer, an individual; Craig P. Whitwer,
an individual; and Geneen L. Whitwer, an individual, dated September 28, 1994, as recorded in
the Office of the County Recorder of San Diego County, December 14,1994, as Document No.
1994-0713677 (the "Development Agreement"), but as to only the land more particularly
described in Schedule 1 attached hereto and made a part hereof (the "Real Property"). Said
assignment includes, without limitation, the right to obtain building permits and all other benefits
under the Development Agreement, subject to the entitlement and limitations set forth in the
Development Agreement.
Nothing contained herein or in the "Acceptance" or "Consent" set forth below shall be construed
to relieve Assignor of its obligations under the Development Agreement with respect to any real
property subject to the Development Agreement retained by Assignor,
Effectiveness of this Assignment is conditioned upon the conveyance of the Real Property.
This Assignment has been executed at CM.LSBAD California, as of
'2.3 -;rvrJ~ ,1997.
P.E. III PROPERTIES LLC,
a California limited liability company
By:
mrblcontractslencdevas.doc I
.
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of C~ liFolln;,.. 9 '1
County of ~t'\ bìe,o
On 3"...tJt. 2. ~. 1f'Tl before me, "'ßQ.eT P. ì3~tJl.y, AJô7'c..~ R-~/.~
personally appea~e:la PAIA L E C)(:C , , II N,ma 'cd TItle of Off;,e, (e.g." "J~oa Doe" No"~ PoOl;,")
N,me(,} o!S;goee(,}
~ersonally known to me
0 proved to me on the basis of satisfactory evidence
to be the person~ whose name~ is!Me subscribed to the
~ ~ - :~ ^' - - - - - ~ I within instrument and acknowledged to me that he~
BRET P. BERRY executed the same in his~r authorized capacity~,
J @ Commission # 1117155 f and that by his~r signature~ on the instrument the
I' Notary Public-~ 1 person(!li, or the entity upon behalf of which the person~)
i San DIego CounIJ ,
- - - _1o1:.co:m:.~res_~18.:.~ acted, executed the Instrument.
WITNESS my hand and official seal.
-&. 72--,
S;go""e of No"~ PoOl;,
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: ASS; 6",.,.",e- i OF-- C:::ì,7 hev"lcf",-e.....ï l4b-ee,..."VI r
Document Date: ..)"""C 2. J .1~11 Number of Pages: J.
r
Signer(s)
Signer's Name: Signer's Name:
0 Individual 0 Individual
0 Corporate Officer 0 Corporate Officer
Title(s): Title(s):
0 Partner - 0 Limited 0 General 0 Partner - 0 Limited 0 General
0 Attorney-In-Fact Attorney-in-Fact
0 Trustee 0 stee
0 Guardian or Conservator . 0 Gua "an or Conservator .
0 Other: Top of thumb here 0 Other: Top of thumb heee
Signer Is Representing: Signer Is Representing:
@19% N";o",1 NbI,~ A~,,;";oo' 8236 Rammel Ma., P.O. 80,7184' C"'go P"", CA 91309-7184 Pmd. No 5907 Ra"dec C,II TolI-F,ea 1-BOO-"'-6B27
98
ACCEPTANCE
D.R. HORTON SAN DIEGO NO. 17, a California corporation ("Assignee"), hereby (i) accepts
the foregoing Assignment and (ii) assumes the duties, obligations and liabilities arising from the
Development Agreement as described thereunder, it being understood that such assumption
shall include unperformed obligations, if any, of Assignor which were to have been performed
prior to the effective date of the Assignment but have not been so performed.
Assignee acknowledges and agrees that Assignee has read and understands the Development
Agreement and all of the provisions thereof, including without limitation the joint and several
obligation to reimburse the City of Encinitas for specified processing costs and the cost of
acquiring Indian Head Canyon Parcel regardless of whether any portion of the Project
described in the Development Agreement is actually developed.
This acceptance has been executed as of ~,J£ II ,1997.
Assignee:
D.R.~SAN DIEGO NO. 17, a
:~:Iifor' cm °1)n. k *
Name: Jey-Kefr Ju"""" P. '/so-l(~ )1'.
Its: Vice President
mrblcontractslen cdevas .doc
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
tor l :.ç'iI .-v\'q 99
State of
County of ?41"' 1ì 1 (7"
On J'1"' I¡', 100'Ií before me, C .-¡ ~t"" ¥Sf,,/I
Data Nama oodTIlia ot Offl,", la.", "Jooa Doa, Nota~ P""'I,")
personally appeared ']'<11-"" P. 'V-<r, Jr.
Namal') ot SI'""I')
'!Rpersonally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person~
whose name,(g) is/are subscribed to the within instrument
and acknowledged to me that he~xecuted the
same in hislAerl!lleif authorized capacity(" , and that by
J (it CRIST" ŒA" ~ his/he1'ltheir signature(àj: on the instrument the person~,
or the entity upon behalf of which the person¡kj' acted,
- Comm.'1115474 executed the instrument.
U) NOTARY PUBLIC. CALIFORNIA ~
Sin Oi"o Coonly WITNESS my hand and official seal.
My Comm, E,pi", Nov,3,20oo ~ ~~
Slo""'a ot Nota~ P,"iI,
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 ~b;1- Co
Title or Type of Document: A-s $1'Y1---t Pt- c.~ 1HII.e.I~f~ A--rr oil' ~
Document Date: )\.1^-{ >, J" q ì Number of Pages: ~
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: JD~'" 1>. þ-r, Jr. Signer's Name:
0 Individual 0 Individual
'Ø Corporate O~irr 0 Corporate Officer
Title(s): .' Title(s):
0 Partner - 0 Limited 0 General 0 Partner - 0 Limited 0 General
0 Attorney-in-Fact 0 Attorney-in-Fact
0 Trustee 0 Trustee
0 Guardian or Conservator . 0 Guardian or Conservator
0 Other: Top at thumb here 0 Other: Top of thumb here
Signer Is Representing: Signer Is Representing:
Þ . e ,~tþ..-. 5~..... 'PI'¥
\'VI> " Iì. ~.
" 1994 Nallo"" Nota" A"o,'af'"" 8236 Ramma1A"., P.O. B" 7184" C,"oga Pari<, CA 0130'-7184 Prod. No. 5907 R,"rda, Ca" ToII.Free I-SO0"76-6827
CONSENT }.{)O
The City of Encinitas hereby consents to the foregoing Assignment. The City hereby
acknowledges that this Assignment complies with Section 3,1.6 of the Development
Agreement. The City further agrees that Assignor is hereby released from any and all
obligations related to the Development Agreement as they relate only to the Real Property
described on Schedule 1,
This Consent has been executed at Encinitas. California, as of ~JNL S- .1997,
THE CITY OF ENCINITAS,
a municipal corporation
By: ~ 1J7;J¿.b
City Manager
mrblcontractslencdevas.doc
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of (lCll~ððY I'Ll ~ 101
County of ~ fJf' sn
O;:]UI1.O .5, IC) C¡'7 before me';? 8NiJA G. NIl.i..VOU¡::'" !/07'fIt"1 p()f5I..-~C
, Dale N,m, "dTrtle 01 Off.e' ¡e.g.. °J"e Doe, Nota')' P,bllo")
personally appeared!), I1v R £./J 1---1 0 (J1/l.5SER I/l //;<../ ,
Name,,) 01 5IgOB"')
~rSOnailY known to me - OR - D proved to me on the basis ~isfactOry evidence to be the person(s)
whose name( i re subscribed to the within instrument
and ac~edged to me th~e/they executed the
~e i . er/their authorize capacity(ies), and that by
~-"""""""""""""'i i er/their signature(s) on the instrument the person(s),
. "'" Randa G. Milljour or the entity upon behalf of which the person(s) acted,
;;¡ Comm. #1038151 ¡¡ executed the instrument.
5 NOT~~~'6:ài\'¡f~~~NIA :
~, MyComm Exp Jan. 6, 1999 I WITNESS my hand and official seal.
........... ..n." "" "....
c~~ fl. ~
'goo",e 01 NOI'~ p, I
OPTIONAL
Though the intormation 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(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
D Individual D individual
D Corporate Officer D Corporate Officer
Title(s): TItle(s):
D Partner - D Limited D General D Partner - D Limited D General
D Attorney-in-Fact D Attorney-in-Fact
D Trustee D Trustee
D Guardian or Conservator . D Guardian or Conservator
D Other: Top 01 thumb here D Other: Top 01 Ihumb here
Signer Is Representing: Signer is Representing:
"1994 N,"oool No"~ A",o"'lioo' B236 Remmel Ave.. PO. Bo< 7184' C"",e Pa~. CA 91309.7184 Plod. No. 5907 Reord'" Call TolI.Fre, 1.BOO.B76.B"?
102
SCHEDULE 1
THOSE PORTIONS OF PARCELS B, C, D AND E OF CERTIFICATE OF
COMPLIANCE FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY JUNE 17, 1996, AS DOCUMENT NO. 1996-0301072 OF OFFICIAL
RECORDS, LYING WITHIN THE NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 10, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN
BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 10; THENCE NORTHERLY ALONG THE
EASTERLY LINE OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER
NORTH 1°20'68" EAST, 40.00 FEET TO A POINT IN A LINE THAT IS
PARALLEL WITH AND 40.00 FEET NORTHERLY, MEASURED AT A RIGHT ANGLE,
FROM THE SOUTHERLY LINE OF SAID NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER, THENCE ALONG SAID PARALLEL LINE NORTH 89°10'55" WEST,
300.86 FEET TO POINT "X" OF THIS DESCRIPTION; THENCE CONTINUING
ALONG SAID PARALLEL LINE NORTH 89°10'55" WEST, 349.17 FEET; THENCE
LEAVING SAID PARALLEL LINE SOUTH 01"20'58" WEST, 40.00 FEET TO A
POINT IN SAID SOUTHERLY LINE OF SAID NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER, THENCE ALONG SAID SOUTHERLY LINE NORTH 89°10' 55"
WEST, 266.81 FEET TO THE EASTERLY RIGHT OF WAY OF INTERSTATE
FREEWAY 5 AS DESCRIBED IN DEED TO THE STATE OF CALIFORNIA, RECORDED
AUGUST 30, 1962 AS FILE NO. 149821 OF OFFICIAL RECORDS OF SAID
COUNTY; THENCE ALONG SAID EASTERLY RIGHT OF WAY NORTH 20°08'49"
WEST, 251.03 FEET; THENCE CONTINUING ALONG SAID RIGHT OF WAY NORTH
02°18' 58" WEST, 50.64 FEET TO POINT "Y" OF THIS DESCRIPTION; THENCE
CONTINUING ALONG SAID RIGHT OF WAY NORTH 02°18'58" WEST, 67.12 FEET
TO THE SOUTHERLY BOUNDARY OF THAT LAND CONVEYED TO T. WEBER AND
LYDIA WEBER BY DEED DATED JUNE 19, 1929 AND RECORDED IN BOOK 1650,
PAGE 424 OF DEEDS; THENCE LEAVING SAID RIGHT OF WAY ALONG SAID
SOUTHERLY WEBER BOUNDARY NORTH 41°48' 01" EAST, 6.43 FEET TO THE
SOUTHEASTERLY BOUNDARY OF SAID WEBER'S LAND; THENCE LEAVING SAID
SOUTHERLY BOUNDARY ON LINE WITH THE MOST SOUTHERLY CORNER OF THAT
LAND CONVEYED TO HERBERT G. STEWART BY DEED DATED APRIL 16, 1929
AND RECORDED IN BOOK 1616, PAGE 349 OF DEEDS, NORTH 36°18'39" EAST,
520.45 FEET TO SAID MOST SOUTHERLY CORNER; THENCE ALONG THE
SOUTHEASTERLY LINE OF SAID STEWART'S LAND NORTH 60°46'20" EAST,
63.33 FEET TO THE WESTERLY LINE OF THAT LAND CONVEYED TO LESTER H.
SMITH AND KATHERINE A. SMITH BY DEED DATED MAY 3,1930, AND RECORDED
IN BOOK 1772, PAGE 150 OF DEEDS; THENCE ALONG THE WESTERLY LINE OF
SAID SMITH'S LAND SOUTH 01°34'05" WEST, 98.35 FEET TO THE TRUE
POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE NORTH
88°25'55" WEST, 26.37 FEET; THENCE SOUTH 36°35'00" WEST, 73.18
FEET; THENCE SOUTH 31°26'57' WEST, 47.32 FEET; THENCE SOUTH
43°30'00" WEST, 50.00 FEET; THENCE SOUTH 31°20'00" WEST, 83.00
FEET; THENCE SOUTH 138.50 FEET; THENCE SOUTH 03°45'00" EAST, 88.12
FEET TO A POINT THAT BEARS SOUTH 87°36'51" EAST, 196.03 FEET FROM
POINT "Y" AS DESCRIBED HEREIN; THENCE CONTINUING SOUTH 03°45'00"
EAST, 51.21 FEET; THENCE SOUTH 08°25'14" EAST, 36.11 FEET; THENCE
..
103
SOUTH 84°53'00" EAST, 100.00 FEET TO A TANGENT CURVE, CONCAVE
NORTHERLY, HAVING A RADIUS OF 186.00 FEET; THENCE EASTERLY ALONG
SAID CURVE, THROUGH A CENTRAL ANGLE OF 12 ° 3 0' 00", A DISTANCE OF
40.58 FEET; THENCE TANGENT TO SAID CURVE, NORTH 82°37'00" EAST,
54.89 FEET TO A TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS
OF 314.00 FEET; THENCE EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL
ANGLE OF 13°32'40", A DISTANCE OF 74.23 FEET TO A COMPOUND CURVE,
CONCAVE SOUTHERLY, HAVING A RADIUS Of 104.00 FEET; THENCE EASTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15°07' 05" A DISTANCE OF
27.44 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 68°43'15" EAST,
36.29 FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE
SOUTHEASTERLY, HAVING A RADIUS OF 44.00 FEET, A RADIAL LINE TO SAID
POINT BEARS NORTH 50°10'05" WEST; THENCE NORTHEASTERLY ALONG SAID
CURVE, THROUGH A CENTRAL ANGLE OF 50°59'10", A DISTANCE OF 39.15
FEET; THENCE TANGENT TO SAID CURVE, SOUTH 89°10'55" EAST, 139.69
FEET TO A POINT THAT BEARS NORTH 0°49'05" EAST, 154.00 FEET FROM
POINT "X" AS DESCRIBED HEREIN; THENCE CONTINUING SOUTH 89°10'55"
EAST 264.05 FEET; THENCE NORTH 00°49' 05" EAST, 1. 29 FEET TO A POINT
ON A NON-TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF
20.00 FEET, RADIAL LINE TO SAID POINT BEARS SOUTH 00°49'05" WEST;
THENCE NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF
89°03'06", A DISTANCE OF 31.08 FEET; THENCE NON-TANGENT TO SAID
CURVE AND RADIALLY FROM SAID CURVE, SOUTH 88°14'01" EAST, 18.43
FEET TO A POINT IN THE EASTERLY LINE OF SAID NORTHWEST QUARTER OF
THE SOUTHWEST QUARTER; THENCE ALONG SAID EASTERLY LINE NORTH
01°20'58" EAST, 445.34 FEET TO THE SOUTHERLY LINE OF SAID LAND
CONVEYED TO SMITH; THENCE ALONG SAID SOUTHERLY LINE NORTH 89°10' 55"
WEST, 660.00 FEET TO THE WESTERLY LINE OF SAID SMITH LAND; THENCE
ALONG SAID WESTERLY LINE NORTH 01°34'06" EAST, 54.00 FEET TO THE
TRUE POINT OF BEGINNING.
DOC U 1996-0150937
27-MAR-1996 02=36 PM
,
OFFICIAL RECOROS
RECORDING REQUESTED BY: SAH OIEGO COUHTY RECOROER'S OFFICE
O'DAY CONSULTANTS, INC. GREGORY SMITH, COUHTY RECOROER
7220 A VENIDA ENCINAS RF: 6.00 FEES: 10.00
2056 AF: 3.00
SUITE 204 MF: 1.00
CARLSBAD, CALIFORNIA 92009
WHEN RECORDED MAIL TO:
CITY OF ENCINITAS
CITY ENGINEER
505 SOUTH VULCAN AVENUE (r..
ENCINITAS, CALIFORNIA 92024 FOR RECORDER'S USE ONLY ,\
CERTIFICATE OF CORRECTION
Pursuant to Section 66469 of the Subdivision Map Act,
NOTICE IS GIVEN that Map No. 13258, in the City of Encinitas, County of San Diego, State of
California, filed in the Office of the County Recorder of said County, November 7,1995, is in error,
and is corrected in accordance with Section 66469 of the Subdivision Map Act as follows:
On Sheet 3 The ending Lot number should be 46 and the number of lots
should be 46.
On Sheet 10 - The Open Space easement line running through Lot 3: the
bearing for the Northerly portion is North 06°55' 16" East; the
Southerly portion hits the right-of-way of Leucadia Boulevard
at a point, a radial to which bears North 18°54'27" East.
On Sheet 11 - The street centerline monument at the Southerly end of
centerline section along Garden View Road running North
05°12'02" East 1118.55 feet is set 5,00 feet Northerly along
said centerline.
On Sheets 13 The street centerline monument at the Southwesterly end of the
and 14 centerline section along Via Cantebria running North
45°07'28" East 176.21 feet is set 5.00 feet Northeasterly
along said centerline.
On Sheet 16 - That portion of the easement identified as B, running through
Lots 26, 27, 28, 32, 34 and 36 with a centerline beginning on
the Easterly line of Lot 36 and running South 72°50'51" West
267.00 feet, South 56°59'15" West 255.58 feet, North
57°31 '33" West 131.92 feet and South 82°27'48" West 137.74
feet is 20 feet in width, lying 10 feet on each side of said
centerline.
SHEET 1 OF 2
2057
.,
That portion of easement identified as D, running through Lots
25,26, 27, 28, 29, 30 & 32 with a centerline running North
32°28'27" East is 20 feet in width, lying 10 feet on each side
of said centerline.
That portion of the easement identified as B and D, running
across the Westerly halves of Lots 27 and 28 with a centerline
of a 256 foot radius curve with a central angle of 03 °02'29",
an arc distance of 13.61 feet and running North 21 °30'23"
East 186.89 feet, is 36 feet in width, lying 20 feet Westerly
and 16 feet Easterly of said centerline.
That portion of the easement identified as C, running through
Lots 35 and 36, with a centerline running North 72°50'51"
East 146.82 feet, is 20 feet in width, lying 10 feet on each side
of said centerline; that portion of the same easement with a
centerline running North 17°09'09" West 31. 79 feet is 10 feet
in width, lying 5 feet on each side of said centerline.
CERTIFICATE OF ENGINEER
I certify that the above Certificate of Correction was prepared by or
under the directi.on and control of the undersigned.
'"
Fee: $
SHEET 2 OF 2 SHEETS
~
" . . l1ECfuJIDED REOUE!'1T OF FIRST 'mERIUDf TITLE DOC U 1995-0559945
.. SUBDIVISION MAEEING DEBAi~
OB-DEC-1995 02=17 PM
R,=CORCING REQUESTED BY AND
WHEN RECORDED RETURN TO: OFFICI~L RECORDS
5~H DIEGO COUNTY RECORDER'S OFFICE
City of. Encinitas 1379 GREGORY SMITH, COUNTY RECORDER
505 South Vulcan Avenue RF: 11. 00 FEES: 25.00
Encinitas. California 92024 ~F: 13.00
Attn: City Manager MF: 1.00 ..", '0°'""""°
\\\1.\-\.1\"'- \e:; GOVT CODE "'0'
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ASSIGNMENT OF CITY DEVELOPMENT AGREEMENT
For valuable consideration, receipt of which is hereby acknowledged, CARL TAS
COMPANY. a California limited partnership (. Assignor"). hereby assigns to ENCINITAS TOWN
CENTER ASSOCIATES. LLC. a Delaware limited liability company ("Assignee"). all of
Assignor's rights and benefits in that certain Development Agreement by and between City
of Encinitas and Carltas Company. a California limited partnership; Paul Ecke Ranch. a
California corporation; P.E. III Properties, LLC. a California limited liability company; Paul Ecke.
Jr. and Elisabeth K. Ecke, both individually and as Co-Trustees under Trust Agreement dated
March 7, 1983; North Mesa LLC, a California limìted liability company; R.E.L.S., Inc.. a
California corporation; Charles S. Carter and Ruth Draper Carter, both as Co-Trustees under
the Declaration of Trust dated June 2. 1982: Raymond A. Whitwer, an individual; David N.
Whitwer. an individual; Craig P. Whitwer, an individual; and Geneen L. Whitwer, an individual,
dated September 28, 1994, as recorded in the Office of the County Recorder of San Diego
County. December 14, 1994, as Document No. 1994-0713677 (the "Development
Agreement"). but as to only the Tand more particularly described in Schedule 1 attached hereto
and made a part hereof (the "Real Property"). Said assignment includes, without limitation,
the right to obtain building permits and all other benefits under the Development Agreement,
subject to the entitlement and limitations set forth in the Development Agreement.
Nothing contained herein or in the "Acceptance" or "Consent" set forth below shall be
c6nstrued to relieve Assignor of its obligations under the Development Agreement with
respect to any real property subject to the Development Agreement retained by Assignor.
Effectiveness of this Assignment is conditioned upon the conveyance of the Real
Property.
This Assignment has been executed at Clark.bd . California. as of
~,b-h- S. 1995.
CARL TAS COMPANY,
a California limited partnership
By: CARLTAS MANAGEMENT,
, C,I;I,oo;, '" 'M."l
Its General 13 rt er
By:
Chri t h r . Calkins, President
SDI \692327.1 j
,
;
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of California
1380
County of San Diego
On December 5, 1995 before me, Karen A. Phelps, Notm:y Public
Oa'e Nama arnj TIlle" Qff;œ, (a.g., "Jooe Doe, Nota'Y P,blo")
personally appeared Christopher C. Calkins-------------
Namel') "Sig""')
[]I personally known to me - Qlilf-ttlIA:¡føVEtcfWI)'1,é,QIYt,Mt¡é,SiM;ifiWi,ál!lé.fq'rý ,é¡ifQlql>i;fJ to be the person(:t}'
whose nameØ:J is/¡i¡týsubscribed to the within instrument
and acknowledged to me that he/~If\é.¥lexecuted the
same in hislh,ef/m\yauthorized capacity,fi iljl), and that by
his/,n ilF' IJeJr¡signature(jI) on the instrument the person¡S),
or the entity upon behalf of which the person~ acted,
Q KaÆnA- executed the instrument.
~ ~ COMMßtO13Q18
u NOT_~
" ' , .... DeØO CQI8ØV
My Comm. &p...... .. -
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(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
0 Individual 0 Individual
0 Corporate Officer 0 Corporate Officer
Title(s): Title(s):
0 Partner - 0 Limited 0 General 0 Partner - 0 Limited 0 General
0 Attorney-in-Fact 0 Attorney-in-Fact
0 Trustee 0 Trustee
0 Guardian or Conservator . 0 Guardian or Conservator .
0 Other: Top of 'humb here 0 Other: Top Df thumb here
Signer Is Representing: Signer Is Representing:
C '994 NaU",' Nota'Y ^"oc'aU" . 6236 R.mmat ^'e" P,O. eo. 7164 . COO". Pari<, C^ 91309-7164 Prod, No, 5907 Reo"'e, Calt 7""""".800-876-68"
t. -
". "..
ACCEPTANCE 1381
ENCINITAS TOWN CENTER ASSOCIATES, LLC, a Delaware limited liability company
("Assignee-), hereby (i) accepts the foregoing Assignment and (ii) assumes the duties.
obligations and liabilities arising from the Development Agreement as described thereunder,
it being understood that such assumption shall include unperformed obligations. if any, of
Assignor which were to have been performed prior to the effective date of the Assignment
but have not been so performed.
Assignee acknowledges and agrees that Assignee has read and understands the
Development Agreement and all of the provisions thereof, including without limitation the joint
and several obligation to reimburse the City of Encinitas for specified processing costs and the
cost of acquiring Indian .Head Canyon Parcel regardless of whether any portion of the Project
described in the Development Agreement is actually developed.
This Acceptance has been executed as of ~b~ 5: / .1995.
I
Assignee:
ENCINITAS TOWN CENTER ASSOCIATES, LLC,
a Delaware limited liability company
By: ZRP Encinitas, LLC, a Delaware
limited liability cœpany, Cþerating MentJer
By: Zelm3n Retail Partners, Inc., a
California corporation
Its: M Membe
By:
501\692327.1
. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
1382
County of San Diego
On Decerrber 5, 1995 before me, Karen A. Phelps, Notary Public
Dole Nome "d TIlle of OffI""e.g..'J"e Doe, Nola"P,bUo")
personally appeared Ben Reiling--------
Nomo,,) 01 glg".,'1
ŒI personally known to me - aR,LIlZ]¡þrøýe'c.fl!iiM/oWtIí.é~&'øf/a&tiSYat;t(Ír;ýkV¡c.f~¡\o be the person(s)
whose name(&j is/árltsubscribed to the within instrument
and acknowledged to me that hE1$1ie¥1f1èý executed the
same in hisW/.tI:iE11v'authorized capacity(iésY. and that by
his/Mf/fflrfsignature(s) on the instrument the person~,
or the entity upon behalf of which the person(~ acted,
1"1""'I1I""~'~'~ï executed the instrument.
i~ ~-='I
. -_CX8IY
~ rllI"~~:'~~I~"
OPT! NAL
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(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
D Individual D Individual
D Corporate Officer D Corporate Officer
Title(s): Title(s):
D Partner - D Limited D General D Partner - D Limited D General
D Attorney-in-Fact D Attorney-in-Fact
D Trustee D Trustee
D Guardian or Conservator . D Guardian or Conservator .
D Other: Top of ,humb here D Other: Top of thumb here
Signer Is Representing: Signer Is Representing:
"1994 Nallo,,' Noto" """'10"'"' a238 Romme. A..... PO 80,7184' C,,"'" Po~. CA 91309-7184 Prod. No. 5907 Reo"'e, Call TolI-Fmo I.BOO.a76-6827
...
CONSENT 1383
The City ofEncinitas hereby consents to the foregoing Assignment. The City hereby
acknowledges that this Assignment complies with Section 3.1.6 of the Development
Agreement. The City further agrees that Assignor is hereby released from any and all
obligations related to the Development Agreement as they relate only to the Real
Property described on Schedule I.
This Consent has been executed at Encinitas, California, as of *,
1995.
THE CITY OF ENCINIT AS,
a municipal corporation
By:
!
As!. C It /Jðtl
I
.'
"
} $S. 1384
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On ..:})e~ S ,1995, before me. the undersigned Nota'rypublic. personally
appeared .1i1Mts P. DE/l/SDrJ. Æ5S /. C IT'! Þ(jfl. '
/
~ personally known to.me or
r--1 proved to me on the basis of satisfactory evidence
L-I
to be the person(s) whose nameCs) is/are subscribed to the wi,thin instrument. and
acknowledged to me that. he/she/they executed the same in his/herltheir authori:zed
capacity!ies), and that by hislher/their signature!s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted. executed the instrument.
. ~ Pat""a 0";';'1 WITNESS my hand and official seal.
':) ,
~. I . COMM." 995730" ,f -¡¡;~~ 'Gt ~
~ -. NO""V PU8LIC.CAUFO"NIA ~
" . SAN OIEGOCOUNrt i
1 '.., .,. My Comm, Exp, May 29,1997. Notary Public in and for said County and State
(SEAl no.. ..
SOl \6923'27.1
, '- SCHEDULE 1
; to
, ASSIGNMENT OF CITY DEVELOPMENT AGREEMENT
.'
1385
LEGAL DESCRIPTION OF THE REAL PROPERTY
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
LOTS I THROUGH 13 AND 16 THROUGH 38 OF CITY OF ENCINITAS TRACT
NO, 94-066, UNITS I, II AND III, IN THE CITY OF ENCINITAS, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO,
13258, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, NOVEMBER 7,1995.
SUBJECT TO AN UNRECORDED CONDITIONAL IRREVOCABLE OFFER TO
DEDICATE REAL PROPERTY FOR PERFORMING ARTS THEATER OF LOT 16
OF SAID MAP NO, 13258.
EXHIBIT "A" TO ASSIGNMENT OF DEVELOFMENT AGREEMENT
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