1999-526263
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'RECORDED~T THE RAST OF
eCH1CASO TITLE CO.
DO~ 1999-0526263
JUL 30, 1999 9:27 AM
(ffICItL REctRDS
SAN DIEOO WJNTV REaRJ(R'S lJFlCE
IimIV J. IUTH, mJfTV RmRIIR
FEES: 23.00
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City ofEncinitas
Att'n: City Manager,
505 South Vulcan Avenue
Encinitas, California 92024
5584 j
1IIII11IIII1II
., - 1989.06,2~"t.~..;.(" :,.:"
SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY
FREE RECORDING
GOVT CODE ~6103
ASSIGNMENT OF CITY DEVELOPMENT AGREEMENT
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, P.E. III
PROPERTIES LLC, a California limited liability company ("Assignor"), hereby assigns to
SECOND/PEPPER PARTNERS, a California limited partnership ("Assigne~"), all'of Assignor's
rights and benefits in that certain Development Agreement by and between City ofEncinitas 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 lC. ,
Ecke, both individually and as Co-Trustees under Trust Agreement dated March 7, 1983; North
Mesa LLC, a California limited liability company; R.E.L.S., Inc., a California c<;>rpe>ration;
Charles S. Carter and Ruth Draper Carter, both as Co- Tru,.stees under the Declaration of Trust dated
June 2, 1982; Raymond A. Whitwer, an individual; DavidN. Whitwer, an i~dividual; Craig P.
Whitwer, an individual; and Geneen L. Whitwer, aQ. individual, dated SeJiiember 2$, 1994, as
recorded in the Office of the County Recorder of~all Di!?go County, Dece;mb,r'14, 1994, as
Document No. 1994-0713677 (the '.'Development.Agreement"),but as tQonly the land more
particularly described in Schedule 1 attached hereto and made a parfhereof (the "Real Property").
Said assignment includes, without limitation, the right to optaiu'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.
80\1293205.2
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Effectiveness of this Assignment is conditioned upon the conveyance of the Real Property.
This Assignment has been executed at $ A::::/A/ Ir/) S
~~y' %1 , 1999.
, California, as of
P.E. III PROPERTIES LLC,
a California limited liability company
Paul Ecke, IT Trustee of
Paul Ecke ill evocable Trust
dated Septem er 22, 1989, Managing Member
By:
STATE OF CALIFORNIA
}
ss
COUNTY OF SAN DIEGO
On Ju: y 21, 1999 , 1999, before me, Joyce Hi lQC k,
the undersigned Notary Public, personally appeared PAUL ECKE, ill [XI personally known to me, or (j
proved to me on the basis of satisfactory evidence to be the person(t) whose name~) is/Wsubscribed to
the within instrument, and acknowledged to me thathe/s)i~/Jl19Y/executed the same in his;qe,l,t1;xctir
authorized capacity(i~~/and that by hislh#/~signature(s) on the instrument the person(~, or the
entity upon behalf of which the person~ acted, executed the instrument.
WITNESS my hand and official seal.
(S~""""""':ic;~c:~'~~()c;:<'ll
~ Comm. -.1096783 .
~ .. NOTARYPlS.JC.CALlFORNIA ;
. ... SANOIEOOCOUNTY:
My Comm. Exp. May 1,2000 :
Signa~~;l~Pu:l~
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ACCEPTANCE
SECONDIPEPPER PARTNERS, a California limited partnership ("Assignee'), hereby
(a) accepts the foregoing Assignment and (b) 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.
This Acceptance has been executed as of
..J u \ '{ 2..\
, 1999.
Assignee:
SECOND/PEPPER PARTNERS, a California limited
partnershin /: / / ' ') ,
By:/j~~~
17 IE ~ 11 /V f} E 12.. 2 r tL? 0 / 0 , C-<r- ~j/ ~? /!f.r T I'-~
/ /
[Print Name and Title of Person Signing]
STATE OF CALIFORNIA
}
ss
COUNTY OF SAN DIEGO
On Ju~ 2.\ ,1999, before me, ~e.~ A.~. ~r.stnU
the undersigned Notary Public, personally appeared A \e~nder- Z, r~o \~ -
- LJ personally known to me, or LJ proved to me on e basis of satisfactory .
evidence to be the yerson(s) whose name( ~e subscribed to the within instrument, and~:Wledged
to me th@he/they executed the same i~er/their authorized capacity(ies), and that hi 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.
(S E A L)
~IID~~~OQ
Si e of Notary ubli --
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CONSENT
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 1.
This Consent has been executed at Encinilas, Califumia, as of fj :< ~ ,1999.
. THE CITY OF ENCINITAS,
a municipal corporation
By:
City Manager
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ALL-PURPOSE ACKNOWLEDGEMENT
State of California
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County of San Diego
On July 22, ,1999, 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.
~Lr~
ra.............;~~~~:~.~~~~..l
.~,: . Comm. ",,<43097 :;Q
'. ... NOTARY PUIl.JC.CALIFORHIA 0
(. SAN DIEGO COUNTY ...
My Ccmn. Exp. June 22, 2001
........................~~!",.....Jl
WITNESS my hand and official seal
Patricia Drew, Notary Public
SEAL
My Commission Expires June 22, 2001
g: cm\misc\ackn\LMW
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AS.ENT OF CITY DEVELOPMENT WEMENT 5589
LOTS 1 AND 2 OF CITY OF ENCINITAS TRACT NO. 96-170, IN THE CITY OF ENCINITAS,
~
· COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13481,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY OCTOBER 9,
1997.
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RESERVING THEREFROM EASEMENTS FOR INGRESS AND EGRESS AND PUBLIC UTILITIES OVER
THOSE PORTIONS OF LOTS 1 AND 2 SHOWN AS SAXONY PLACE (PRIVATE STREET) AS SHOWN
ON MAP NO. 13481.