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1997-311577 r%nr% 1.1 uuu 9 1997-0311577 1-T7?,DhD FT,-,r;'EST f)? FIRST AMERICAN TITLL? 0 1—JTUL,-1097 03 -- 33 PM SUBDiKSIOS M-LkPILNG DEPARTMENT F,,77T-T Qr'f-'- RT nTrGn, MUHTY PEDRDER" 'NP HE ,, GREI-210i 7 T r TV 17" R-'-'.GRDrr_'R RECORDING REQUESTED BY AND F E�5 WHEN RECORDED RETURN TO: 96 AF! 1,;IJ City of Encinitas Att'n: City Manager 505 South Vulcan Avenue Encinitas California 92024 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; 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 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 cllAkLss^D California, as of zS -Zvfqc- 11997. P.E. III PROPERTIES LLC, a California limited liability company By: Paul Eck j, 111, ruste f the Paul Ecke Revocabld Trust dated September 22, 1989, Managing Member 71 q m rb\contracts\encdevas.d oc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of S0,A N'r,D On S,..Ne Z3, 9Z before me, T Q Q tioTa Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared PAK L Eckt , Name(s)of Signer(s) [personally known to me ❑ proved to me on the basis of satisfactory evidence j to be the persons whose name isle subscribed to the - within instrument and acknowledged to me that hew BRET RBERRY executed the same in his/fi!frN it authorized capacity(Te*, Commission ii 1117155 and that by hisair signaturet* on the instrument the Notary Public—Calibmie san Diego county person% or the entity upon behalf of which the person(5.) My Comm.Expires Nov 18.2000 acted, executed the instrument. , WITNESS my hand and official seal. V Signature of Notary Public 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 e Title or Type of Document: ASS. 6h r+,er• � dF �' f yp 7 I Document Date:JU-'^C_ 23.0.1 Number of Pages: _ r Signer(s) er Than Named Above: Capacity(ies) imed by Signer(s) Signer's Name: Signer's Name: I ❑ Individual 11 Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ P artner—❑ Limited ❑ General I Partner— ❑ Limited 1-1 General ❑ Attorney-in-Fact Attorney-in-Fact ❑ Trustee _ _ ❑ stee ❑ Guardian or Conservator ❑ Gua 'an or Conservator ❑ Other; Top of thumb here ❑ Other. Top of thumb here �"2 r Signer Is Representing: Signer Is Representing: rh ©1996 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 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")t)t I 1997. Assignee: D.R. HO SAN DIEGO NO. 17, a CaIifor ' cor o ion By: Name: Jay-Kor+ 7'vti,, v 1�-«, 3Y. Its: Vice President mrb\contracts\encdevas.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of ` 01 County of On before me, ✓� �7�,-, ��qll Date Name and Title of Officer e. ( g.,"Jane Doe,Notary Public") personally appeared 7ok', P. rr Tr.. Name(s)of Signer(s) personally known to me–OR–❑proved to me on the basis of satisfactory evidence to be the persona whose namejM Ware subscribed to the within instrument and acknowledged to me that he/she4hay executed the same in his/he0he+r authorized capacity(' ,and that by his/her/thetr signature(04 on the instrument the personow, CRISTIN BEALL or the entity upon behalf of which the person(k acted, �- Comm.#1115474 N executed the instrument. NOTARY PUBLIC•CALIFORNIA Sm. Expires County ,� WITNESS m hand and official seal. My Comm. Expires Nov,3,2000 Y Signature of Notary Public 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 Documentbl�;,.� Title or Type of Document: �}iSI�,�-^°�-� �� c'• D��0'{"��' �' A'Y�eP Document Date: 4"." S q Number of Pages: g Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: .o ti,i, Signer's Name: ❑ Individual ❑ Individual Corporate Officer ❑ Corporate Officer Title(s): j- Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee _ ❑ Trustee _ ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: Yl�- I'?� �nL • 0 1994 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 ,boo 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 only to the Real Property described on Schedule 1. This Consent has been executed at Encinitas, California, as of 3-ifN(L- Jw , 1997. THE CITY OF ENCINITAS, a municipal corporation By: i y ager m rb\contracts\en cdevas.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of ( CO 101 County of OrvJ0110 5, /C/ before me 6. P/�jV v e , 4/G�s P/ P)� /C 1 Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared "U/'�F A/ A/- n���` " /����(/ Name(s)of Signer(s) personally known to me–OR–❑proved to me on the basis of s tisfactory evidence to be the person(s) whose name( re subscribed to the within instrument and ac=er/their edged to me th he/ a/they executed the s e i authorize capacity(ies),and that by ...N 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 6 executed the instrument. v ,—M • NOTARY PUBLIC-CALIFORNIA w SAN DIEGO COUNTY My Comm.Exp Jan.6,1999 WITNESS my hand and official seal. ♦ewet.+�.►�s ignature of Notary Pu r 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(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee _ El Trustee • Guardian or Conservator El Guardian or Conservator • Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: 0 1994 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 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 1 020' 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 89 010' 55" WEST, 349 . 17 FEET; THENCE LEAVING SAID PARALLEL LINE SOUTH 01 020' 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 89 010' 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 20 008' 49" WEST, 251 . 03 FEET; THENCE CONTINUING ALONG SAID RIGHT OF WAY NORTH 02 018' 58" WEST, 50 . 64 FEET TO POINT "Y" OF THIS DESCRIPTION; THENCE CONTINUING ALONG SAID RIGHT OF WAY NORTH 02 018' 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 41 048' 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 60 046' 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 01 034' 05" WEST, 98 . 35 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE NORTH 88 025' 55" WEST, 26 . 37 FEET; THENCE SOUTH 36 035' 00" WEST, 73 . 18 FEET; THENCE SOUTH 31 026' 57' WEST, 47 .32 FEET; THENCE SOUTH 43 030 ' 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 87 036' 51" EAST, 196 . 03 FEET FROM POINT "Y" AS DESCRIBED HEREIN; THENCE CONTINUING SOUTH 03 045' 00" EAST, 51 . 21 FEET; THENCE SOUTH 08 025' 14" EAST, 36 . 11 FEET; THENCE 103 SOUTH 84 053 ' 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 12 030' 0011 , A DISTANCE OF 40 . 58 FEET; THENCE TANGENT TO SAID CURVE, NORTH 82 037' 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 13 032' 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 15 007' 05" A DISTANCE OF 27 .44 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 68 043 ' 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 50 059' 10" , A DISTANCE OF 39 . 15 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 89 010 ' 55" EAST, 139 . 69 FEET TO A POINT THAT BEARS NORTH 0 049' 05" EAST, 154 . 00 FEET FROM POINT "X" AS DESCRIBED HEREIN; THENCE CONTINUING SOUTH 89 010' 55" EAST 264 . 05 FEET; THENCE NORTH 00 049' 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 00 049' 05" WEST; THENCE NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 89 003 ' 06" , A DISTANCE OF 31 . 08 FEET; THENCE NON-TANGENT TO SAID CURVE AND RADIALLY FROM SAID CURVE, SOUTH 88 014' 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 01 020' 58" EAST, 445 . 34 FEET TO THE SOUTHERLY LINE OF SAID LAND CONVEYED TO SMITH; THENCE ALONG SAID SOUTHERLY LINE NORTH 89 010' 55" WEST, 660 . 00 FEET TO THE WESTERLY LINE OF SAID SMITH LAND; THENCE ALONG SAID WESTERLY LINE NORTH 01 034' 06" EAST, 54 . 00 FEET TO THE TRUE POINT OF BEGINNING.