1998-109370 aC0I�)�-1'1) HE�)IJEST OY FiRST rilvi� icier _y any
9U3D1&, U3L05
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1662
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RECORDING REQUESTED BY: !FYAND WHEN RECORDED RETURN VIII
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, LIZBETH A. ECKE, TRUSTEE OF THE
LIZIBETH 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; 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"). 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.
I
T . L
Sw (ft;A N i D
1 663
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 ,1'44-')CA) ,
California, as of 1- '�?C41Nr l°J , 1998.
"Assignee"
CARLTAS COMPANY, a California P.E. III PROPERTIES LLC, a
limited partnership California limited liability company
t r--
By: Carltas Management, a By: /
California corporation Paul Ecke III, Trustee of the Paul
Its: I Partner % Ecke III Revocable Trust dated
` September 22, 1989
y: �--
ris h a kins
i n LI H A. ECKE, TRUSTEE F
E LIZBETH A. ECKE UST
NORT ES , a ali rnia DPTED MARCH 31, 1994
limit liabili
t
L EC E, JR., TR STEE OF THE
to r C. Calkins, Manager AUL ECKE, JR., TRUST DATED
' AUGUST 7, 1997
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.
rARENA.PHM WITNESS my hand and official seal.
Commission# 1169873
Notary Public-Calfomio f `
San Diego County /
I
My Comm.mires Jan 16.2tA2
SIGNATURE OF NOTARY--
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.
WITNESS my hand and official se
KAREN A.PHELPS
Commission# 1169873 r
-� Notary PuDlic-California ��
San Diego County � ,'� /`
My Comm.BpkmJan16.2002 j IGNATUR ARY
1685
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.
KAREN A.PHELPS j WITNESS my hand and official sea
Commission# 1169873
Notary Public-California
San Diego County
My Comm.EVhn Jan 16,2M2 �
I NATURE NOTARY
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 WITNESS my hand and official s al.
Commission# 1169673 )
Notary Puoiic-Califomia
San Diego County r
My comm.Expires Jan 16, 2
j
SIGNATURE-OF NOTARY U,
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{A, c; 1998.
Assignee:
ENCINITAS RA H LLC, a California limited
liability com an
By:
Ure R. Kreto icz, Manager
i�
By:
Frederick es Walker, Manager
ATTACH NOTARY ACKNOWLEDGMENT FORMS
3
CONSENT 1667
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.
This Consent has been executed at Encinitas, California, as of
Fe 167. 2 1998.
THE CITY OF ENCINITAS, a municipal
corporation
��v��-=� /�� . �i✓�zS���� � ` , City Manager
ATTACH NOTARY ACKNOWLEDGMENT FORMS
4
SCHEDULE 1 1 668
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 )
C� ' - ,,�� ) ss. 1669
COUNTY OFS�d+ `7
On _ -;� 5 � , before me, the undersigned a Notary Public in and
for said County and State, personally appeared )�� k)
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.
�aMeRt►M.,IO�A
Carnes ion•111
NO RY PUBLIC
STATE OF CALIFORNIA )
) ss.
COUNTY OF �w � )
On � ' -q 5 1�_, before me, the undersigned, a Notary Public in and
for said County and State, personally appeared '. S _ (;k)ctQ1(�
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.
taMe�vM.,io�
NWOV P1ac f ic��+b
30r 0wQ0 C=* ARY PU B
MV Cantu.P V 6 MQ 6.M
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LA\980370010
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
` PATRICIA DREW
Comm.N 1143097
n NOTARYPUBUC-0AUFOPMA 0
I. ., SAN DEW COUNTY A
i My Comm.EV.Jm 22,2W1
Patricia Drew, Notary Public
My Commission Expires June 22, 2001 SEAL
pd\misc\ack.LW
GOVERNMENT CODE 27361.7
1 CERTIFY UNDER PENALTY OF PERJURY THAT- THE NOTARY SEAL ON THE
DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS:
Name of the Notary:
Commission Number: L2 3 t Date Commission Expires: '1CPG 22�2e01
County Where Bond is Filed:
Manufacturer or'Vendor Number: (< S {
(Located on both:tides of the notary.seal border)
Signature: AR4.cX rr/c s7 11n,7Cw(cAfj (Lc
Fir Name (if applicable)
=Place of Execution: SIA N" 40l(w Date-_ 3�L� '
Rec.Form #R 10(Rev. 71961