2012-547223 D O C ## 2012-0547223
FREE RECORDING REQUESTED I II II I III III II I II IIII I I I I1III I III III II
1 PURSUANT TO GOV CODE SECTION SEP 11 , 2012 3.45 PM
27383
OFFICIAL RECORDS
fl SAN DIEGO COUNTY RECORDER'S OFFICE
Recording Requested By: ErnestJ Dronenburg,& COUNTYRECORDER
Y FEES &00
City of Encinitas PAGES: 17
Planning and Building Department
505 S. Vulcan Avenue 111111111111111111111111111111 IN 1111
Encinitas, CA 92024
And When Recorded Mail To
City of Encinitas
Planning and Building Department
505 S. Vulcan Avenue
Encinitas, CA 92024
Attn. Housing Administrator
A.P.N. 256-053-27
AFFORDABLE HOUSING REGULATORY AGREEMENT
(Density Bonus)
This Affordable Housing Regulatory Agreement (hereinafter the "REGULATORY
AGREEMENT") is made and entered into and is effective as of this 4 day of June, 2012
by and between the City of Encinitas (hereinafter the "CITY"), and John LaRaia and
Jennifer LaRaia, husband and wife as joint tenants, as to an undivided 20% interest;
Russ Haley as Trustee of the Haley Trust dated December 12, 2002, as to an undivided
20% interest; Vincent E. Hoenigman, as Trustee of the Hoenigman Living Trust dated
September 17, 1998, as to an undivided 20% interest; Timothy O'Grady, Trustee of the
Timothy O'Grady Trust of 2012, dated May 8, 2012, as to an undivided 20% interest; and
Scott Haley and Tara Haley, Trustees of the Scott and Tara Haley Family Trust dated
April 18, 2012, as to an undivided 20% interest; all as tenants in common (hereinafter the
"OWNER").
RECITALS
A. Whereas, the OWNER is the owner of real property (hereinafter the
"PROPERTY") described in Attachment A, attached hereto and made a part
hereof;
B. Whereas, the CITY approved a Density Bonus for Tentative Map 05-072, in
accordance with Government Code 65915, and under said law the OWNER must
restrict occupancy in one unit to a lower-income household for a term of thirty
(30) years,
I
C. Whereas, the OWNER has designated Lot 6 of TM 05-072 as the required
affordable unit and the OWNER has agreed to maintain a residential unit
(hereinafter "UNIT") on the PROPERTY, and,
D Whereas, in order to restrict use of the affordable UNIT, the OWNER is bound by
this REGULATORY AGREEMENT and has consented to be regulated and
restricted as provided herein.
E. Whereas, this REGULATORY AGREEMENT supersedes the Affordable Housing
Regulatory Agreement recorded October 5, 2010, as Document # 2010-0533423
of Official Records of the San Diego County Recorder's Office.
NOW, THEREFORE, the parties hereto agree as follows:
1 TERM OF AGREEMENT
The term of this REGULATORY AGREEMENT shall commence on the issuance of a
certificate of occupancy for the UNIT and shall continue for thirty (30) years.
2. MAINTENANCE OF THE AFFORDABLE UNIT
A. OWNER shall maintain a residential unit on the PROPERTY
B. The exterior appearance of the affordable UNIT shall be compatible with units in
the surrounding neighborhood, including units within TM 05-072. The interior
appearance finishes, and amenities of the affordable UNIT shall be comparable
to new, affordable homes in the CITY or surrounding communities.
C The quality of materials, floor coverings, cabinets, fixtures, appliances, doors,
and windows shall be specified in sufficient detail to ensure that the quality level
is comparable to new affordable homes in the CITY or surrounding communities
to the satisfaction of the Planning and Building Director (hereinafter, the
"DIRECTOR").
D The UNIT shall be made affordable to a lower-income household earning eighty
percent (80%) or less of the Area Median Income (AM[) for San Diego County, and
adjusted for household size, as published periodically by the U.S. Department of
Housing and Urban Development (HUD).
E. Occupancy of the UNIT shall be appropriate to the number of bedrooms in the
UNIT As a general rule and policy, an appropriately sized household is no less
than one person per bedroom and no more than two persons per bedroom, which
is reasonable under the Fair Housing Act and intent of program assistance.
F The UNIT shall be a minimum of 1,809 square feet of living space with a minimum
of three bedrooms and two and a half baths; plus a one-car garage. Based on a
significant reason, the UNIT size may be reduced through approval of a Design
Review permit.
G. The UNIT shall be provided with adequate usable yard area comparable to new,
affordable units in the community
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H. During the term of this agreement, the UNIT shall be utilized for residential use only
in accordance with applicable local ordinances and regulations; any commercial
use or transient habitation (of less than thirty days) is specifically prohibited.
3. OPTION TO RENT OR SELL UNIT
A. The OWNER shall either rent or sell the UNIT to an eligible, lower-income
household (as defined in Section 2.D), and in accordance with the terms and
conditions contained herein.
B. OWNER shall make the UNIT available for sale or rent to the general public through
an advertisement in local newspaper(s). Applications shall be made available and
accepted for a minimum of fourteen days. The OWNER may employ additional
marketing methods that are in accordance with professional standards of the
industry and fair housing laws. The CITY will require documentation of the selection
process and the CITY may additionally advertise the UNIT availability
C OWNER is prohibited from renting or selling the UNIT to a family member, relative,
employee, or pre-determined household.
D OWNER may sell the property with the prior written approval of the DIRECTOR.
The sale of the UNIT may be to a non-qualifying household, if the UNIT will be
continuously rented to a qualifying lower-income household. At the time of said
sale, the subsequent owner shall execute a new Affordable Housing Regulatory
Agreement with the CITY
4 OPTION TO SELL (Except as provided for in Section 3.D)
A. The UNIT shall only be sold to a lower-income household (as defined in Section
2.D). In addition, the homebuyer must certify that the household will occupy the
UNIT as owner occupant and principal residence, and that the household does not
own or have an interest in any real property
B. For any proposed homebuyer, the income of all adult members of the household
must be verified by the OWNER using source documentation (e.g., tax return, wage
statement, bank statement, public benefit statement)
C. Prior to opening escrow to sell the UNIT, OWNER shall provide CITY with the
proposed homebuyer's income statement and copies of the documentation of
income. The DIRECTOR shall confirm or deny eligibility based on the documentation
provided.
D The maximum affordable sales price for the UNIT shall be consistent with State law
and be based on a total housing cost (including principal, interest, taxes, insurance,
utility allowances, and any fees or assessments) of thirty percent (30%) of eighty
percent (80%) of the AMI (as defined in Section 2.D), based on a five-person
household.
3
1) The calculation of the affordable sales price shall include a five percent
downpayment.
2) The interest rate used in the calculation shall be based on the current
Freddie Mac Monthly Average Commitment Rate on 30-Year Fixed-
Rate Mortgages.
3) Actual financing to be obtained by any prospective homebuyer shall be
a fixed rate loan fully amortized over thirty years.
Prior to the sale of the UNIT, the DIRECTOR shall approve the sales price (as
described in Section 4.D)
E. OWNER shall record deed restrictions, approved by the DIRECTOR, that restrict the
resale of the property only to other eligible households for the term of the
REGULATORY AGREEMENT The CITY may enforce the deed restrictions by
recording a second deed of trust on the property securing a note or other
appropriate document. If a note is used, the amount of the note shall be equal to the
amount of subsidy provided by the OWNER (the difference between the market
price and the affordable sales price).
5. OPTION TO RENT
A. The UNIT shall be rented only to a lower-income household (as defined in Section
2.D). Prior to occupancy, the proposed tenant's household income must be verified
using source documentation for all adult members of the household (e.g., tax return,
wage statement, bank statements, public benefit statements)
B. The maximum monthly rental rate to be charged for the UNIT shall be consistent with
State law and be based on thirty percent (30%) of eighty percent (80%) of AMI (as
defined in Section 2.D) for a five—person household (divided by 12 months). The
DIRECTOR shall approve the maximum rental rate for the UNIT, including the
applicable utility allowance. Rental rate may be adjusted periodically in accordance
with the current AM] schedule (as defined in Section 2.D).
C OWNER shall maintain tenant files containing information on the household income
and the source documentation used by OWNER to determine household income.
Said files shall be maintained for a period of three years from the termination of any
tenancy Upon written request, OWNER shall allow the CITY access to review
tenants' files and financial records for compliance with this REGULATORY
AGREEMENT
D OWNER shall re-certify the tenant's income status every twelve months. In the event a
tenant no longer qualifies as lower-income, the OWNER shall provide said tenant with
the most expeditious eviction notice process, in accordance with applicable State law
6. MANAGEMENT AND MAINTENANCE (APPLIES TO RENTAL OPTION ONLY)
A. Any tenant selected to occupy the UNIT shall enter into a written occupancy
agreement or lease with the OWNER. OWNER shall use the standard lease form
4
published by the California Apartment Association or other form approved by the
DIRECTOR.
B. Leases and the landlord-tenant relationship shall be subject to California law and the
provisions of this REGULATORY AGREEMENT The OWNER shall establish
reasonable rules of conduct and occupancy that comply with State and local laws
and regulations.
C OWNER is responsible to maintain the leased UNIT in a habitable condition and in
good repair at all times. OWNER is responsible for maintenance costs, including all
repairs, corrections and replacements necessary to maintain and preserve the UNIT
in a safe and sanitary condition in accordance with the HUD's Housing Quality
Standards (HQS). Upon written request by the CITY, the OWNER shall provide
DIRECTOR or representative with access to inspect the UNIT for compliance with
this section.
D OWNER shall obtain, and at all times during the term of this REGULATORY
AGREEMENT shall maintain policies of general liability and property damage
insurance from an insurance company authorized to be in business in the State of
California. The property damage insurance shall be in an amount sufficient to
replace the UNIT in the event of fire or other major damage. OWNER may self-
insure, with the prior written approval of the DIRECTOR.
E. OWNER may contract with a management agent for the performance of the services
or duties. However, such an arrangement does not relieve the OWNER of
responsibility for proper performance of these duties.
F OWNER shall make a good faith effort to expeditiously re-rent the UNIT whenever it
becomes vacant. In the event the UNIT is vacant for a period of more than thirty (30)
days, the OWNER shall notify the CITY If available, CITY shall provide OWNER with
a list of eligible households seeking rental housing. CITY can extend the affordable
housing restriction period, if the UNIT is not continuously rented (i.e., vacancies of
more than 30 days)
7 REPORTING REQUIREMENTS (APPLIES TO RENTAL OPTION ONLY)
OWNER shall submit a report to the DIRECTOR immediately after initial lease-up of the
UNIT and annually thereafter, on a form prescribed by the DIRECTOR. The report shall
include information on the household(s) occupying the affordable UNIT during the prior
year, household income, and the amount of rent collected. Whenever requested by the
CITY, the OWNER shall provide source documentation demonstrating the qualified status
of the household(s).
8. NON-DISCRIMINATION
OWNER shall not discriminate against any prospective tenant or homebuyer on the basis
of race, color, religion, sex, national origin, familial status, disability or other individuals
protected under State and Federal fair housing law
5
9 CERTAIN ACTS PROHIBITED
OWNER shall not make any sale, encumbrance (except for a first Deed of Trust
associated with mortgage financing), assignment or conveyance, or transfer in any
other form, of the PROPERTY or of its entire interest therein other than in accordance
with the terms of this REGULATORY AGREEMENT
10 VIOLATION OF REGULATORY AGREEMENT BY THE OWNER
In the event of the violation of any of the provisions of this REGULATORY
AGREEMENT by the OWNER, the CITY may give written notice thereof to the OWNER
by registered or certified mail addressed to the OWNER at the address stated in this
Regulatory Agreement, or to such other address as may have been designated by the
OWNER, and if such violation is not corrected to the satisfaction of the CITY within thirty
(30) days after the date such notice is mailed (or within such further time as the CITY, in
its reasonable discretion, may permit), the CITY may, without further prior notice,
declare in writing a default under this REGULATORY AGREEMENT effective on the
date of such declaration of default, and upon any such declaration of default the CITY
may apply to any court, State or Federal, for specific performance of this
REGULATORY AGREEMENT, for an injunction against any violation by the OWNER of
this REGULATORY AGREEMENT, for the appointment of a receiver to take over and
operate the UNIT in accordance with the terms of this REGULATORY AGREEMENT, or
for such other relief as may be appropriate, it being agreed by the OWNER that the
injury to the CITY arising from a default under any of the terms of this REGULATORY
AGREEMENT would be irreparable and that it would be extremely difficult to ascertain
the amount of compensation to the CITY which would afford adequate relief, in light of
the purposes of the Density Bonus program.
11 AMENDMENT
This REGULATORY AGREEMENT shall not be altered or amended except by writing
executed between the parties.
12. SEVERABILITY
In the event that any provision or covenant of this REGULATORY AGREEMENT is held
by a court of competent jurisdiction to be invalid or unenforceable, then it shall be
severed from the remaining portions of this REGULATORY AGREEMENT, which shall
remain in full force and effect.
13. BINDING ON SUCCESSORS.
This REGULATORY AGREEMENT shall bind, and the benefits thereof shall inure to,
the respective parties hereto, their legal representatives, executors, administrators,
successors in the office or interest, and assigns; provided, however, that the OWNER
may not assign this REGULATORY AGREEMENT or any of its obligations hereunder,
voluntarily or by operation of law, without the prior approval of the CITY, excluding an
assignment to an affiliate. As used herein, "affiliate" means any entity in which OWNER
6
holds an ownership interest, or any person or entity that holds an ownership interest in
the PROPERTY
14 GENDER.
The use of the plural in this REGULATORY AGREEMENT shall include the singular and
the singular shall include the plural, and the use of one gender shall be deemed to
include all genders.
15. ELECTION OF REMEDIES EVENT OF DEFAULT
The remedies of the CITY hereunder or under any other instrument providing for or
evidencing the financial assistance provided herein are cumulative, and the exercise of
one or more of such remedies shall not be deemed an election of remedies and shall
not preclude the exercise by the CITY of any one or more of its other remedies.
16. WAIVER.
No waiver by the CITY of any breach of or default under this REGULATORY
AGREEMENT shall be deemed to be a waiver of any other or subsequent breach or
default hereunder
17 GOVERNING LAW
This REGULATORY AGREEMENT shall be construed in accordance with and
governed by the laws of the State of California.
18. NOTICES.
Written notices and other written communications by and between the parties hereto
shall be addressed as follows unless and until a party hereto has in writing,
communicated a different address to the other party hereto
CITY OWNER
City of Encinitas John LaRaia
505 S. Vulcan Ave
Encinitas, CA 92024 3818 Park Blvd.
Attn: Housing Administrator San Diego, CA 92103
IN WITNESS WHEREOF, OWNER has executed this REGULATORY AGREEMENT as of the
day and year first above written.
OWNER
John LaRaia and Jennifer Lanai band and wife, as joint t/en is
B y Date. (� 2t .7("
n La is
7
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of San Diego
On June 21, 2012 before me, Kris Johnson, Notary Public, personally appeared
John LaRaia who proved to me on the basis of satisfactory evidence to be the person
whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/they authorized ca aci (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, the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
KRIS JOHNSON
/Sy (S1TL Commission # 1871680
`a :_�� Notary Public-California >
Kris ohnso , Notary Public , San Diego County
My Comm Expires Nov 20.2013
C ommusion#1871689 .
NIv(ommtsston Expires. November 20,2013
OPTIONAL
though the information below is not required by law.it ma} prove v aluable to persona relvLT on the document and could prevent fraudulent
removal and reattachment of this form to another document
Description of Attached Document
Affordable Housing Regulatory Agreement(Densit), Bonus) Lot 6
Document Date: June 21 2012
CA Rev 1/01/08
By. , ���'vL!( Date-
-
Jennifer LaRaia
Russ Haley, as Trustee of the Haley Trust dated December 12, 2002
By- C Date: za z
R ss Haley, Trustee
Vincent E. Hoenigman, as Trustee of the Hoenigman Living Trust dated September 17, 1998
By- Date:
Vincent E. Hoenigman, Trustee
Timothy J. O'G50Kas Trustee of the Timothy J. O'Grady Trust rof_2012, dated May 8, 2012
By Date: _��
Timothy J. O'Gy�d , rustee ' _
Scott Haley and Tara Haley, Trustees of the Scott and Tara Haley Family Trust dated April 18,
2012
By- Date
Scott Haley, Trustee
By- Date.
Tara Haley, Trustee
(Notarization of signatures must be attached)
CITY
City of Encinitas
By- Date
Tom Curriden, City Planner
(Notarization not required)
8
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of Cali ornia
County of San Diego
On June 21, 2012 before me, Kris Johnson, Notary Public personally appeared
Jennifer L La Raia who proved to me on the basis of satisfactory evidence to be the
person whose name(s) is/are subscribed to the within instrument and acknowledged to me
that he/she/then executed the same in his/her/they authorized canacity(ies), and that by
his/her/their IiMture(s) on the instrument the ep rson(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
1 certifv under PENALTY OF PERJURY, under the laws of the State of California, the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
/ '\ ,m KRIS JOHNSON
Commission 8 1671669
Notary Public•California z.
z war San Diego County
lznsoyr, Notan Public My Comm EMpires Nov 20.2013
Kri Jo �
l 7 M'.
C'ommussion 41871689 7•^
.Ah Cono ussmn Expires November 10, 1013
OPTIONAL
Though then formation helon,is not required by lair it mar prove valuable to persons relrutg on the document and could prevent ftauduleni
removal and reattachment of this form to another document
Description of Attached Document
Affordable Housing Regulatory Agreement(Density Bonus) Lot 6
Document Date: June 21, 3013
CA Rev I l01 t08
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of San Diego
On _ June 21, 2012 before me, Kris Johnson, Notary Public, personally appeared
Russell C. Haley who proved to me on the basis of satisfactory evidence to be the person
whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/they authorized caPacity(ies), and that by
his/her/their siynature(s) on the instrument the ep rson(s), or the entity upon behalf of
which the ep rson(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY, under the laws of the State of California, the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
RfS JOHNSON
I l
[%:CoM;nrKn laalon 1 1871689 try Pabllc-Calltomla San DIIWW CWldy Kris ohnsop , N tary Public m.Ex M Nov2o,2019
Commission#18 9
hly Commission Expires. November 20,2013
OPTIONAL
Though the information below is not required by laa,it mar prove valuable to persons rdymg on the document and could prevent fraudulent
removal and reattachment of this form to another document
Description of Attached Document
Affordable Housing Regulatory Agreement(Density Bonus) Lot 6
Document Date: June 21 2012
CA Rev 1/01/08
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of San Diego
On June 25, 2012 before me, Kris Johnson, Notary Public, personally appeared
Timothy J. O'Grady who proved to me on the basis of satisfactory evidence to be the
person whose name(s) is/are subscribed to the within instrument and acknowledged to me
that he/she/they executed the same in his/her/they authorized capacity(ies), and that by
his/her/their sianature(s) on the instrument the ep rson(s), or the entity upon behalf of
which the ep rson(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY, under the laws of the State of California, the
foregoing paragraph is true and correct.
WITNESS my hand and official seal. +{
/^ KRIS JOHNSON +
Lou,' Commission V 1871689
Notary Public-California
jKris , ot,Ary Public = San Diego County
My Comm.Expires Nov 20,2013 r
Commtssum d 18716
My Commission Expires- November 20,2013
OPTIONAL
Though the information below IS not required by law,it may prove valuable to persons rdV mg on the document and could present fraudulent
removal and reattachment of this form to another document
Description of Attached Document
Affordable Housing Regulatory Agreement(Density Bonus) Lot 6
Document Date: June 21, 2012
CA Rev 1/0 1 i08
By. Date
Jennifer LaRaia
Russ Haley, as Trustee of the Haley Trust dated December 12, 2002
By Date
Russ Haley, Trustee
Vincent E. Ho
eemig an, as T u� of the Hoenigman Living Trust dated September 17, 1998
By r/// Date ` t
Vincent E. Hoenig an, 'tee
Timothy J. O'Grady, as Trustee of the Timothy J. O'Grady Trust of 2012, dated May 8, 2012
By Date
Timothy J. O'Grady, Trustee
Scott Haley and Tara Haley, Trustees of the Scott and Tara Haley Family Trust dated April 18,
2012
By Date
Scott Haley, Trustee
By. Date.
Tara Haley, Trustee
(Notarization of signatures must be attached)
CITY
City of Encinitas
By. Date:
Tom Curriden, City Planner
(Notarization not required)
8
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of San Diego
On July 25, 2012 before me, Kris Johnson, Notary Public, personally appeared
Vincent E. HoeniQman who proved to me on the basis of satisfactory evidence to be the
person whose name(s) is/are subscribed to the within instrument and acknowledged to me
that he/she/they executed the same in his/her/they authorized ca aci (ies), and that by
his/her/their sienature(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, the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
r KRIS JOHNSON
Commission at 1871689 a
< Notary Public-California
Kris Joh on otary Public = San Diego County
M Comm.Ex Ires Nov 20,2013
Commission 71689
My Commission Expires: November 20,2013
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
Affordable Housing Regulatory Agreement(Density Bonus) Lot 6
Document Date: July 25, 2012
CA Rev 1/01/08
BY Date
Jennifer LaRaia
Russ Haley, as Trustee of the Haley Trust dated December 12, 2002
BY' Date
Russ Haley, Trustee
Vincent E. Hoenigman, as Trustee of the Hoenigman Living Trust dated September 17, 1998
BY' Date
Vincent E. Hoenigman, Trustee
Timothy J. O'Grady, as Trustee of the Timothy J. O'Grady Trust of 2012, dated May 8, 2012
BY' Date
Timothy J. O'Grady, Trustee
Scott Haley and Tara Haley, Trustees of the Scott and Tara Haley Family Trust dated April 18,
2012
By-, Date Zz Zo/L
co Haley Tr s e
BY- Date G a a�_�ara Haley, T ustee
(Notarization of signatures must be attached)
CITY
City of Encinitas
By. — Date
Tom Curriden, City Planner
(Notarization not required)
8
ACKNOWLEDGMENT
Title of Document 4FFo�cE'a�lo
� Vte4rtQN.,1" R2 S � C.�w� /a-PN a56-S 2 �
Date of Document
---------------------------------------------------------------------------
State of California
County of Orange
On -%. a>_ , '?- I %— before me, George M. Kay, a Notary Public,
personally appeared Tr~ve.. N a(t w a,w( S cA 7r /4 ley who proved 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 heft /they executed the same in h /their authorized
capacity(ies), and that by h /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.
WITNESS my hand and official seal.
GEORGE M. KAY
Sigg 'n COMM.# 1918737 Z
nature V r \ 2 ' NOTARY PUBLIC-CALIFORNIA C
Notary Public ORANGE COUNTY
Notary My Comm.Expires Jan.21,2015
For Notary Stamp
ATTACHMENT A
LEGAL DESCRIPTION
Real property in the City of Encinitas, County of San Diego, State of California, described as
follows:
LOT 6 INCLUSIVE OF CITY OF ENCINITAS TRACT NO. 05-072, IN THE CITY OF
ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO 15804 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY DECEMBER 23, 2010
9