2008-461987
# 2008-0461
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RECORDING REQUESTED BY: AUG 28, 2008 12:45 PM
Moss & Barnett (TLG) F1 FRrIAL I;ELUFD
A Professional Association P At' DIEi;9 a LFUN FY REi ORDER^s OFFn_E
4800 Wells Fargo Center I r EUr'r'` ' rH uNr RECORDER
FEE 90 South Seventh Street `you
Minneapolis, MN 55402-4129 IIIIIII IIIII IIIII fill 11111 IIIII NpIII + fill PA PAGES: '7
AND WHEN RECORDED MAIL TO: UIIIIIIIINII~IIiIIfIII IIIIIfill IUI
City of Encinitas
Planning and Building Department
505 S. Vulcan Avenue
Encinitas, CA 92024 t
Attn: Planning and Building Director 5352
Space Above This Line for Recorder's Use Only
AMENDMENTTO
AGREEMENT IMPOSING RESTRICTION
ON REAL PROPERTY (dated February 18, 1986)
This Amendment to Agreement Imposing Restriction on Real Property ("Amendment',
is entered into on this I day of August , 2008, by and between the City of Encinitas
(hereinafter referred to as the "City's and Essex Cardiff Apartments, L.P., a California limited
partnership, (hereinafter referred to as "Owner
RECITALS
1. The County of San Diego (the "County'D and James V. Pieri and Nicholas F.
Debbas, (the "Developers' entered into that certain Agreement Imposing Restriction on Real
Property ("1986 Restriction Agreement) dated February 18, 1986, recorded in the San Diego
County land records on February 20, 1986, as Document No. 86-067867, which Agreement
relates to property legally described on Exhibit A attached hereto and known as Cardiff by the
Sea Apartments ("Project'.
2. Developers were granted a Planned Development Permit P84-094 ("Permit'
relating to the development of the Project.
3. Pursuant to the terms of the 1986 Restriction Agreement, the County permitted
the Developers to increase the density of the Project not more than twenty-five (25%) percent
provided that any bonus units were occupied by low- and moderate-income families for a
designated period of time ("Occupancy Restriction'), thereby increasing the density of the
Project to 300 units. The Occupancy Restriction expired in June 2002.
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5353
4. Subsequent to the 1986 Restriction Agreement, the Project was annexed by the
City. Thus, the City acquired jurisdictional authority over the Project, the City is the successor
in interest of the County in the 1986 Restriction Agreement, and the City is administering the
1986 Restriction Agreement. The County no longer has any jurisdictional authority over the
Project or holds any interest in the 1986 Restriction Agreement.
5. The Owner is the current owner of the Project and is the successor in interest to
the Developers' interest in the Project.
6. Given the expiration of the Occupancy Restriction, the requirement for prior
written approval of transfers set forth in the 1986 Restriction Agreement no longer needs to be
enforced and is not applicable to the Project.
7. The parties hereto desire to amend the 1986 Restriction Agreement.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, City and Owner hereby amend the 1986 Restriction Agreement
as follows:
1. Section 1 of the 1986 Restriction Agreement is amended and restated in its
entirety to read in full as follows:
1. Administration of the Agreement.
The administration of this agreement shall be by the City of Encinitas.
2. Section 5 of the 1986 Restriction Agreement is amended and restated in its
entirety to read in full as follows:
This agreement shall expire February 18, 2046, which date is sixty (60) years
from commencement of this agreement.
3. Given the expiration of the Occupancy Restriction, the requirement for prior
written approval of transfers set forth in the 1986 Restriction Agreement no longer needs to be
enforced and is not applicable to the Project. Therefore, the following sections of the 1986
Restriction Agreement are deleted in their entirety:
a. Section 2 - Eligibility of Households Occupying the Project
b. Section 3 - Selection of Tenants for Low/Moderate Income Rentals
c. Section 4 - Rent
d. Section 6 - Rental Agreement between Developer and Low and Moderate
Income Tenants
e. Section 10 - Maintenance of Records e
f. Section 15 - Annual Administrative Fee
g. Section 17 -Tax-Exempt Financing
4. Section 8 of the 1986 Restriction Agreement is amended to delete the third
paragraph in its entirety.
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5354
5. Section 12 of the 1986 Restriction Agreement is amended to delete the fourth,
fifth and sixth paragraphs in their entirety (i.e., subsections b, c, and d).
6. Section 16 of the 1986 Restriction Agreement is amended and restated in its
entirety to read in full as follows:
16. Notices.
All notices required to be given pursuant to this agreement shall be in writing
and may be given by personal delivery, registered or certified mail, or by overnight
courier. Each such notice, demand, request or other communication shall be in writing
and shall be deemed to have been given if sent by hand delivery, overnight courier or
certified mail, postage prepaid, addressed to the following addresses:
If to Owner:
Essex Cardiff Apartments, L.P.
925 East Meadow Drive
Palo Alto, CA 94303
If to City:
City of Encinitas
505 South Vulcan Avenue
Encinitas, CA 92024
Attn: Planning and Building Director
If notice is to be given to the holder of a lien against the Project, it shall be given
at the address specified by such lien holder by written notice delivered to the Owner and
the City.
Any such notice so given or delivered by mail or overnight courier shall be
deemed complete on the day of actual delivery as shown by the addressee's registry or
certification receipt or at the expiration of the third (3rd) business day after the date of
mailing, whichever is earlier in time. Any party hereto and any lien holder may from
time to time, by notice in writing served upon the others as aforesaid, designate a
different mailing address or a different person to which all such notices, request,
demands or other communications or payments to such party or lien holder are
thereafter to be delivered.
The Owner shall promptly notify the City of any transfer of ownership interest in
the Project in accordance with the terms of this provision.
7. Except as identified in paragraphs 1-6 above of this Amendment, all other
sections of the 1986 Restriction Agreement remain unchanged in their entirety.
[The remainder of this page intentionally left blank; signatures follow.]
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5355
IN WITNESS WHEREOF, the City and the Owner have executed this Amendment as of the date
first written above.
CITY:
City of Encinitas
By:
Na Patrick S. Murp y
Tite: Planning and Building Dir or
STATE OF CALIFORNIA )
) SS
COUNTY OF j±j 0a jo )
On A5 `LG ZdD~ 2008, before me?I--A),OA ~i. ,t(iGG~T(h//I
Notary Public, personally appeared Al TX/,- .4vQpH who proved
to me on the basis of satisfactory evidence to be the person(s) whose name(s) s re
subscribed to the within instrument and acknowledged to me that~he/they executed the
same ir<Qher/their authorized capacity(ies), and that bis er/their signature(s) on the
instrument the person(s), or the entity upon behalf of whi- the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
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5356
Essex Cardiff Apartments, L.P.,
a California limited partnership
By: Essex Cardiff, LLC,
a Delaware limited liability company
Its: General Partner
By: Essex Management Corporation,
a California corporation
Its: Sole Member
By:
Name: o
Its: 1
STATE OF CALIFORNIA )
) SS
COUNTY OF Saw'- ~1or5 )
~'rall~J e~
On Ags"T 22~ ` 2008, before me
Notary Public, personally appeared Jordan E 14--Y47 , who 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITN S m han an official seal.
/ ELISA M. TAYLOR
Y _ Commbsbn # 1520908
Notary Public - California i
Santa Clara County
OMVComm. Eom Nov 16, 2008
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EXHIBIT A
Legal Description
Real property in the City of Encinitas, County of San Diego, State of California, described
as follows:
PARCEL 1:
LOTS 4 AND 5 OF COUNTY OF SAN DIEGO TRACT NO. 4503-2, IN THE CITY OF
ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF
NO. 11485, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL
11, 1986.
EXCEPTING THEREFROM ALL MINERALS, OILS AND GAS AS CONVEYED TO O.K.
CAMPBELL AND MARY ALICE CAMPBELL, HUSBAND AND WIFE AS JOINT TENANTS, BY DEED
RECORDED FEBRUARY 9, 1946 IN BOOK 2050, PAGE 98 OF OFFICIAL RECORDS.
PARCEL 2:
LOT 3 OF COUNTY OF SAN DIEGO TRACT NO. 4503-1, IN THE CITY OF ENCINITAS,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11455,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 25,
1986.
EXCEPTING THEREFROM ALL MINERALS, OILS AND GAS AS CONVEYED TO O.K.
CAMPBELL AND MARY ALICE CAMPBELL, HUSBAND AND WIFE AS JOINT TENANTS, BY DEED
RECORDED FEBRUARY 9, 1946 IN BOOK 2050, PAGE 98 OF OFFICIAL RECORDS.
PARCEL 3:
A NON-EXCLUSIVE EASEMENT FOR ACCESS TO AND MAINTENANCE OF A BLOCK
RETAINING WALL, LANDSCAPING AND OTHER IMPROVEMENTS ESTABLISHED IN THAT WALL
EASEMENT AGREEMENT DATED MAY 8, 2006, BY AND BETWEEN JDA MACKINNON, LLC, A
CALIFORNIA LIMITED LIABILITY COMPANY, JDSK INVESTMENTS, LLC, A CALIFORNIA LIMITED
LIABILITY COMPANY, EDWARD D. BETZ, AS TRUSTEE OF THE 2001 EDWARD DANIEL BETZ
REVOCABLE TRUST, DATED JUNE 8, 2001 AND P.S. INVESTORS, LLC, A CALIFORNIA LIMITED
LIABILITY COMPANY AND SHOJI APARTMENT COMPANY, A GENERAL PARTNERSHIP, VILLA
GRANDE APARTMENT COMPANY, LTD., A LIMITED PARTNERSHIP, DALE VILLAGE APARTMENT
COMPANY, A GENERAL PARTNERSHIP AND ENRIQUE APARTMENT COMPANY, LTD., A
CALIFORNIA LIMITED PARTNERSHIP RECORDED MARCH 20, 2007 AS DOCUMENT NO. 2007-
0186235 IN THE OFFICIAL RECORDS OF SAN DIEGO COUNTY RECORDER'S OFFICE.
APN: 260-420-18 & 19 and 261-280-03
1217330x1
A-1
5358
State of California ) CALIFORNIA ALL-PURPOSE
Countyof _56,117 &~eyo ) CERTIFICATE OF ACKNOWLEDGMENT
On U.U . 2()()U beforeme~f}&II C.141ti4a,7VLJ9 k)07?R91'06t-1C
V (here insert name and title of the affcer)
personally appeared p047K (C K 6. /U (JRP H Y
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(sill are subscribed to
the within instrument and acknowledged to me that(Oshe/they executed the same in is er/their
authorized capacity(ies), and that bi~his er/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the
State of California that the foregoing paragraph is true and correct.
G. MIWOUR
WITNESS my hand and official seal. ConaNSabn Yt70f684
Notary Pull • C111111100"11111
San OMYa County
My Exp. Jan. 6. 2011
Signature 74~2t~tc~QJ f t/v
(Seal)
OPTIONAL INFORMATION
Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this
acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document.
Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a document Method of Signer Identification
titled/for the purpose of Proved to me on the basis of satisfactory evidence:
L❑ form(s) of identification O credible witness(es)
- Notarial event is detailed in notary journal on
containing pages, and dated Pagers Fntrya
The signer(s) capacity or authority is/are as: Notary contact:_
❑ Individual(s) Other
❑ Attorney-in-Fact - - _ rr
❑ Corporate Officer(s) P, Additional l Signer(s) Signer(5)Thumbprint(s)
T'ille(s) ❑
❑ Guardian/Conservator
❑ Partner - Limited/General
❑ Trustee(s)
❑ Other:
representing:
Name(s) of Person(s) or Futlty0es) Signer Is Representing
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