2012-762475 D O C ## 201 2-0762475
IIIIIIII
111111111111111111111111111111111111111111111111111111111 IN
Recording Requested By: DEC 05, 2012 10:23 AM
City Engineer OFFICIAL RECORDS
�i SAN DIEGO COUNTY RECORDER'S OFFICE
11 Ernest J Dronenburg,Jr,COUNTY RECORDER
When Recorded Mail to: FEES 6400
City Clerk PAGES: 17
City of Encinitas
505 South Vulcan Avenue
Encinitas CA 92024
SPACE ABOVE FOR RECORDER'S USE
AGREEMENT FOR MAINTENANCE OF PRIVATE STORMWATER TREATMENT AND
STORMWATER POLLUTION CONTROL FACILITIES BY AGENT OF COMMERCIAL
FACILITY
APN: 258-130-88 Project No.: 07-045 CDP
Site Address: 662 Encinitas B
� oulevard (716-G)
THIS AGREEMENT is between the City of Encinitas, a municipal corporation,
hereinafter referred to as the "City", and CHARLOTTE PARTNERS, INC., A
CALIFORNIA CORPORATION AS TO AN UNDIVIDED 46% INTEREST AND 9310
TOWNE CENTER DRIVE HARRISON-1, LLC, A CALIFORNIA LIMITED LIABILITY
COMPANY AS TO AN UNDIVIDED 54% INTEREST AS TENANTS IN COMMON, its
heirs, successors, and assigns, collectively hereinafter referred to as "Owner", owner(s)
of that certain real property hereinafter referred to as "Property" that is described in
Exhibit "A", which is attached hereto and made a part hereof. This Agreement is for the
periodic Maintenance of certain private stormwater treatment and pollution control
facilities, hereinafter referred to collectively as "Stormwater Facilities". Stormwater
Facilities include but are not limited to Best Management Practices (BMPs), Integrated
Management Practices (IMPs), Low Impact Development (LID) features, Structural
stormwater treatment devices, and drainage facilities. The description and plat of
Stormwater Facilities is set forth in Exhibit "B" which is, attached hereto and made a
part hereof
WHEREAS, this Agreement is required by the City as condition of approval of a
City permit pursuant to City of Encinitas Municipal Code Chapter 20.08 and Chapter
23.24 as well as the City of Encinitas Stormwater Manual; and
WHEREAS, the Stormwater Facilities benefit said Property and are used by
Owner and his/her tenants their heirs, successors, and assigns; and
WHEREAS, it is the desire of the City, the responsibility of the Owner and tenants,
and to the benefit of the Public that Maintenance of said Stormwater Facilities occur on
a regular and periodic basis as necessary to preserve the Storm Water Facilities in
good-working order in accordance with the minimum Maintenance requirements set
forth in Exhibit "C" which is attached hereto and made a part hereof and in accordance
with the City of Encinitas Municipal Code, the Encinitas Stormwater Manual, and other
related City policies and requirements; and
WHEREAS, it is responsibility of the Owner to assure his/her tenants will comply
with and enforce the terms and conditions of this agreement;
WHEREAS, it is responsibility of the Owner to disclose this agreement to all the
future tenants using, benefiting from, or impacting the Stormwater Facilities
WHEREAS, it is responsibility of the Owner to add Maintenance of Stormwater
Facilities to common area maintenance (CAM) and appoint a qualified property
management company or individual herein after referred to as "Agent" to oversee such
Maintenance. The Agent shall be the single point of contact between the City of
Encinitas and Owners or Developer; and
WHEREAS, the Owner may act as the Agent so long as the total square footage
of the commercial facilities is less than twenty thousand square feet.; and
WHEREAS, for the purpose of this agreement, Maintenance responsibilities
mentioned on this agreement equally and collectively apply to Owner, tenants and the
Agent;
WHEREAS, it is requirement of development and or commercial use that this
Agreement constitute a covenant running with the land, binding upon each successive
owner of all or any portion of the Property into perpetuity.
NOW THEREFORE, IT IS HEREBY AGREED FOR VALUABLE
CONSIDERATION AS FOLLOWS:
1) This agreement establishes the Owner and tenants' Maintenance requirements for
the Stormwater Facilities. The term "Maintenance" wherever capitalized in this
agreement shall include, but shall not be limited to: inspection for purposes of
identifying operational deficiencies in the Stormwater Facilities, routine upkeep and
repair of the Stormwater Facilities in proper working order as determined by the City,
and preparation and submittal of the annual inspection report to the City, all as set
forth in subparagraph 1.i) through 1 iii). The Owner's ' requirements for providing
Stormwater Facilities Maintenance as stated in this agreement shall mean
Maintenance managed by the Agent, paid for by Owner, and performed by a
qualified contractor, hired by the Agent on behalf of the Owner.
i) The Owner shall inspect the Stormwater Facilities after all major storms. In
addition, the Owner shall inspect the Stormwater Facilities at the minimum
frequency specified in Exhibit "C", but not less than twice per year
ii) The Owner shall provide upkeep and repair to preserve the Stormwater
Facilities in good working order and shall repair all deficiencies identified in
the Owner's inspections no later than 30 days following the inspection or
prior to the next anticipated rain event. Interim water quality control measures
shall be utilized to protect damaged or deficient Stormwater Facilities during
any storm event until such time as the Facilities are restored to good working
order. The minimum upkeep and repair frequency shall be consistent with
the Exhibit "C" but not less than once per year. To the satisfaction of the
Director of Engineering Services, the Owner shall ensure that the Stormwater
Facilities are in proper working order for the rainy season, which starts on
October 1.
iii) The Owner shall obtain the City of Encinitas Stormwater Inspection Report
form from the City website or the City of Encinitas Civic Center, complete the
inspection report form, and submit the inspection report to the City of
Encinitas Department of Engineering Services. Prior to the submittal of the
inspection report to the City, the Owner shall perform an inspection of the
Stormwater Facilities, identify deficiencies, and repair and correct all
deficiencies. The inspection report shall be submitted to the City once a year
between August 1 and September 30.
2 The Property is benefited by this Agreement, and it is the purpose of the
signatories hereto that this instrument be recorded to the end and intent that the
obligation hereby created shall be and constitute a covenant running with the
land Any heirs, executors, administrators, assignees, and/or successors in
interest to all or any portion of the Property, by acceptance of delivery of a deed
and/or conveyance regardless of form, shall be deemed to have consented to
and become expressly bound by these presents, including without limitation, the
right of any person entitled to enforce the terms of this Agreement to institute
legal action as provided in Paragraph 12 hereof, such remedy to be cumulative
and in addition to other remedies provided in this Agreement and to all other
remedies at law or in equity.
3. The Stormwater Facilities shall be constructed by and have Maintenance
performed by the Owner in accordance with the term and conditions of this
agreement and the plans and specifications identified in approved Grading Plan
Number 716-G which is on file as a permanent public record in the City of
Encinitas.
4 The cost and expense of the Maintenance of the Stormwater Facilities shall be
paid by the Owner. The owner is responsible to include necessary provisions in
the lease agreement with any present and future tenants that cover the costs of
all Stormwater Facilities Maintenance.
5 In the event the Property is subdivided in future, the owners, heirs, assigns, and
successors in interest of each such newly created parcel(s) shall be liable under
this Agreement for their then pro rata share of expenses reflecting such newly
created parcels.
6. The Maintenance to be performed under this Agreement shall include upkeep,
repair, and improvements to adequately ensure the Stormwater Facilities are in
proper working order as determined by the City. Upkeep, repair, and
improvements under this Agreement shall include, but are not limited to,
repairing access roadbeds; repairing, preserving, and providing improvement for
the upkeep of drainage structures; removing debris, sediment, oil, grease, and
other pollutants as determined by the City; perpetually preserving adequate
groundcover and/or other erosion control measures within the Property in order
to prevent erosion; and the management of materials, pollutants, and hazardous
waste to prevent pollution of the stormwater system or Municipal Separate
Stormwater Sewer System (MS4) as referenced in local and State codes.
Upkeep, repair, and improvement shall also include other work necessary to
repair and preserve the Stormwater Facilities for their intended purposes as well
as the restoration of the Stormwater Facilities following any non-permitted
modification. The restoration shall be as required to restore the Stormwater
Facilities to the condition existing prior to damage or alteration
7 Under no circumstances shall any contract or agreement for service(s) to be
provided as outlined in this agreement, and any additional Maintenance activities
or services to be provided as outlined in subsequent attachments hereto, be
terminated by the Owner, tenants, or Agent unless a replacement contract or
agreement for the required Maintenance has already been executed. The Agent
and the Owner shall be responsible for ensuring proper execution of the
provisions of all contracts and/or agreements for the required Maintenance and
for timely payments for said services.
8 Any liability of the Owner, tenants, or Agent for personal injury to any worker
employed to provide Maintenance under this Agreement, or to third persons, as
well as any liability for damage to the property of any third persons, as a result of
or arising out of Maintenance under this Agreement, shall be borne by the
Owner, tenants, or Agent.
9 Owner and tenants shall jointly and severally defend, indemnify, and hold
harmless City, City's engineer, its consultants, and each of its officials, directors,
officers, agents, and employees from and against all liability, claims, damages,
losses, expenses, personal injury, and other costs, including costs of defense
and attorney's fees, to any contractor, any subcontractor, any user of the
Stormwater Facilities, or to any other third persons arising out of or in any way
related to the use, Maintenance, or the failure to provide Maintenance of the
Stormwater Facilities. This Agreement imposes no liability of any kind
whatsoever on the City and the Owner agrees to hold the City harmless from any
liability in the event the Stormwater Facilities fail to operate properly.
10. Nothing in this Agreement, the specifications, other contract documents, the
City's approval of the plans and specifications, or the City's inspection of the
work constitutes an acknowledgement of any City responsibility for any such item
or the material contained therein, and the City, City's engineer, its consultants,
and each of its officials, directors, officers, employees and agents, shall have no
responsibility or liability therefore
11 The Owner and tenants shall provide access to the Stormwater Facilities within
the Property to the City's inspectors, employees, agents, and contractors within
48 hours of receipt of a written notification by the City. The access shall be
provided unconditionally and without any obstruction, interference, or hazard.
Any animals kept on the Property shall be secured outside of the area subject to
the City's inspection.
12 The Owner hereby grants permission to the City, its authorized agents, and its
employees, to enter upon the Property and to inspect the Stormwater Facilities
following a 48-hour notice whenever the City deems necessary. The purpose of
inspection is to evaluate the condition and performance of the Stormwater
Facilities, to follow-up on reported deficiencies, to respond to citizen complaints,
and/or to comply with State and City requirements for City inspection of such
Facilities. The City shall provide the Owner with copies of the inspection findings
and a directive to commence with any repairs deemed necessary.
13. In the event the Owner and tenants fail to preserve the Stormwater Facilities in
good working condition as determined by the City Engineer, the City, its agents,
employees, or its contractors, may enter upon the Property and take the steps
deemed necessary to correct deficiencies and shall charge the costs of such
repairs to the Owner. In the event the City pursuant to this Agreement, performs
work of any nature, or expends any funds for attorney's fees, administrative
costs, contractors, employees, consultants, materials, or other costs in the
performance of said work, the Owner shall reimburse the City Such
reimbursement shall be due within thirty (30) days of receipt of a notification for
all costs incurred by the City, including any administrative costs and attorney's
fees. If said funds are not paid by the Owner within (30) days, City reserves the
right to take legal action for cost recovery and to file with the County Recorder of
San Diego County an assessment lien on the Property. It is expressly
understood and agreed that the City is under no obligation to perform
Maintenance of said Stormwater Facilities, and in no event shall this Agreement
be construed to impose any such obligation on the City.
14 The terms of this Agreement may be amended in writing following the Owner
request and upon written approval by the City Engineer.
15 This Agreement shall be governed by the laws of the State of California. In the
event that any of the provisions of this Agreement are held to be unenforceable
or invalid by any court of competent jurisdiction, the validity, and enforceability of
the remaining provisions shall not be affected thereby.
IN WITNESS HEREOF, the Parties have executed this Agreement.
OW ER
ith Harrison Date
C arlotte Part rs, Inc. and 931 Towne Center Drive Harrison-1, LLC
Signature of OWNER must be notarized. Attach the appropriate acknowledgement.
CITY OF ENCINITAS•
M eg Sh'e s Date
Deputy City Engineer
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RANDA GAIL MILLJOUR g nature(s)
Commission #1916144 < person(s), or the entity upon behalf of which the
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EXHIBIT $$B"
'DESCRIPTION AND PLAT OF STORMWATER FACILITIES
CONTECH STORM FILTER
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EXHIBIT "C"
Pg. 1 of 7
MINIMUM MAINTENANCE REQUIREMENTS FOR STORMWATER FACILITIES
BIORETENTION FACILITIES
These facilities remove pollutants primarily by filtering runoff slowly through aerobic,
biologically active soil. Routine maintenance is needed to ensure that flow is
unobstructed, that erosion is prevented, and that soils are held together by plant roots
and are biologically active. Inspections should occur twice per year, and after each
heavy storm. Typical maintenance consists of the following:
• Inspect inlets for channels, exposure of soils, or other evidence of erosion. Clear
any obstructions and remove any accumulation of sediment. Examine rock or
other material used as a splash pad and replenish if necessary.
• Inspect outlets for erosion or plugging
• Inspect side slopes for evidence of instability or erosion and correct as
necessary.
• Observe the surface of bioretention facility soil for uniform percolation
throughout. If portions of the bioretention facility do not drain within 24 hours after
the end of a storm, the soil should be tilled and replanted. Remove any debris or
accumulations of sediment.
• Confirm that check dams and flow spreaders are in place and level and that
rivulets and channelization are effectively prevented.
• Examine the vegetation to ensure that it is healthy and dense enough to provide
filtering and to protect soils from erosion. Replenish mulch as necessary, remove
fallen leaves and debris, prune large shrubs or trees, and mow turf areas. When
mowing, remove no more than 1/3 height of grasses. Confirm that irrigation is
adequate and not excessive and that sprays do not directly enter overflow grates.
Replace dead plants and remove noxious and invasive vegetation.
• Abate any potential vectors by filling holes in the ground in and around the
bioretention facility and by insuring that there are no areas where water stands
longer than 48 hours following a storm. If mosquito larvae are present and
persistent, contact the San Diego County Vector Control Program for information
and advice. Mosquito larvicides should be applied only when absolutely
necessary and then only by a licensed individual or contractor.
EXHIBIT "C"
Pg. 2 of 7
CONTECH CATCHBASIN STORMFILTER
Maintenance is performed on an as needed basis, based on inspection Average
maintenance lifecycle is 1-3 years. The primary factor controlling timing of maintenance
of the StormFilter is sediment loading. Until appropriate timeline is determined, use the
following:
Inspection:
• One time per year
• After major storms
Maintenance:
• As needed
• Per regulatory requirement
• In the event of a chemical spill
Contech Operation and maintenance guidelines:
Maintenance procedures for typical catch basins can be applied to the CatchBasin
StormFilter (CBSF). The filter cartridges contained in the CBSF are easily removed and
replaced during maintenance activities according to the following guidelines.
1 Establish a safe working area as per typical catch basin service activity.
2. Remove steel grate and diamond plate cover (weight = 100 lbs. each).
3. Turn cartridge(s) counter-clockwise to disconnect from pipe manifold.
4. Remove 4" center cap from cartridge and replace with lifting cap.
5. Remove cartridge(s)from catch basin by hand or with vactor truck boom.
6. Remove accumulated sediment via vactor truck (min. clearance 13" x 24").
7. Remove accumulated sediment from cartridge bay. (min. clearance 9.25" x 11")
8 Rinse interior of both bays and vactor remaining water and sediment.
9. Install fresh cartridge(s) threading clockwise to pipe manifold.
10. Replace cover and grate.
11. Return original cartridges to CONTECH Stormwater Solutions for cleaning and
media disposal
EXHIBIT "C"
Pg. 3 of 7
GRASSPAVE2 - MAINTENANCE GUIDE
Regular maintenance is required to maximize traffic on grass paved areas with
minimum wear and tear problems. The following maintenance and repair information,
compiled from more than a decade of client experience with Grassrings and
Grasspave2, will enable staff to keep your grass paved areas healthy and beautiful all
year long.
For more information about basic maintenance, or for answers to questions about a
unique site, call Invisible Structures, Inc., toll free, at 1-800-233-1510
Normal Maintenance
Grasspave2 paved areas require basically the same care as other turf areas. Mow,
irrigate, and fertilize as necessary for selected grass species for a healthy turf As levels
and frequency of traffic increase, greater stress is placed on the turf, which requires
careful observation and response by maintenance staff. Recommended fertilizers and
micronutrients:
• N,P,K Fertilizers - for other fertilizer applications, use fertilizers best for grass
species used. As traffic frequency increases, the need for additional nitrogen increase
in order to make the grass GROW faster and replace damaged blades quickly. Take
care to use fertilizers that do not have poor materials such as clay as "fillers." The best
fertilizers are:
-slow release (temperature activated)
-liquid concentrates (through irrigation system)
• Micronutrients - apply fertilizer supplemented with micronutrients, such as Humate,
once a year. Or, apply the micronutrient in a separate application.
• Other Chemicals - apply water, herbicide, and insecticides as needed in response
to site specific needs/problems.
Aeration
IMPORTANT!! DO NOT AERATE GRASSPAVE2 INSTALLATIONS!
Aeration is a treatment for compaction problems, associated with poor percolation
Grasspave2 paved areas do not need aeration because, if properly installed, compaction
will not occur. Aeration equipment will damage the Grasspave2 structure and could
prevent its long term function.
If compaction and poor water penetration problems arise, they can be due to filling rings
with organic soils. (Many sod farms grow sod in high organic soils, such as peat.) When
these soils dry out, there can be severe shrinking. The use of dry fertilizers with clay as
a "filler" material (sometimes as much as 70% of the bag contents) can also contribute
EXHIBIT "C"
Pg. 4 of 7
to compaction and poor water penetration Organics (silt, clay, peat) can effectively seal
off the surface of the grass paved areas, preventing entry of air and water to the roots.
Poor percolation can also be a result of chemical change to soils of ionic charges that
might increase water repellency of soils. Solutions include treatment with products or
chemicals such as wetting agents (diluted detergents), gypsum, etc. Your local County
Extension agent can be an excellent source for advice on local conditions.
Antifreeze Spills - See Oil/Antifreeze Spills
Bare Spots - Causes and Solutions
It is important to determine the cause of bare spots in order to select the most
appropriate solution Some possible causes and solutions:
(Cause /Solution)
• Incorrect sod (sod grown in peat, silt, or clay) for high traffic areas totally replace
with sand grown sod and rings, for low traffic areas; amend soil with chemicals such
as detergents and gypsum and add sand to cracks for low traffic areas, and reseed
as needed.
• Poor quality seed Reseed with fresh source.
• Erosion Intercept source of water and redirect to reduce impact.
• Lack of nutrient Increase water and fertilizer.
• Shade Reduce shade cover or change grass to more shade tolerant species.
• High traffic Increase fertilization and water, and/or reduce traffic frequency by
limiting or alternating zones of access.
Bare Spots—Repair
1. Fill rings uniformly with clean sand (concrete sand is preferable) to the top of all rings.
When seeding, lightly rake to disturb and loosen surface.
2. Moisten area with a diluted detergent solution to break the soil's surface tension.
3. Topdress small bare areas with a mixture of sand and grass seed that either matches
the installed grass species or changes the species for an environmental response (such
as a shade mix).
4. Mulch with a layer of cellulose (paper) placed over the topdressing mix to speed
germination and prevent surface erosion by irrigation or rainfall. Commercial mulch
materials should have a fine texture, such as those used for hydromulching. If visually
acceptable, thin strips of newspaper(per office shredders) can be used very effectively
as mulch.
5. Inject Hydrogrow. Hydrogrow's advantage is that it is able to store moisture and
dissolved nutrients within the root zone, making them directly available to plant roots.
EXHIBIT "C"
Pg. 5 of 7
Check local dealers or equipment rental sources for machines (such as Olathe) to inject
dry polymers by compressed air into existing installations.
Irrigation
Regular irrigation is necessary for grass subjected to the stress of daily traffic, even in
areas with "historically high average rainfall." The combination of daily traffic and even a
week of without rainfall can quickly destroy a quality grass paved area. Repaired areas
also usually require supplemental water to establish grass.
The irrigation system can be a hose and sprinkler, a simple manual valve system, or an
automatic pop-up system as appropriate for the owner's maintenance program and
budget. Automatic irrigation systems are low in labor costs, provide quick response to
usage, conserve water, and allow for easy and rapid fertilizer applications. Standard
large diameter spray heads will keep the irrigation cost per square foot to a minimum
Manual systems have higher labor and water costs, and variable response to water
needs.
Buried low-pressure porous pipe irrigation systems have also been used with success.
This type of irrigation can work during daylight hours without wasteful spray damaging
people or objects above the ground. However, grass leaves do not receive cleansing
from water falling from above.
Oil/Antifreeze Spills
Small Spills - Naturally occurring microorganisms in turf can break down oil and "clean"
spills prior to their reaching the water table below. Thus, turf is capable of accepting oil
drippings without harm to grass plants.
Small amounts of diluted detergent (dishwashing concentrates) applied to minor spills
will also help to reduce oil particles to manageable size and speed recovery.
Large Spills - Large oil or antifreeze spills will effectively sterilize affected soils for
years and prevent growth of most vegetation. Thus, affected soil, base course, rings,
and grass should be replaced and soil disposed of according to local codes relating to
hazardous materials.
To create a uniform edge for repair, use a sod cutter or circular saw with masonry blade
to cut the upper 2" of soil and Grasspave2 structure. Be sure to wear appropriate eye
EXHIBIT "C"
Pg. 6 of 7
and body protection when cutting into rings, soil, and gravel. The disturbed base can be
dug by shovel or backhoe depending on the size of the area. Replace materials per
Rings--Repair When Exposed
When properly installed, Grasspave2 units are protected from damaging ultraviolet (UV)
rays, which make plastics brittle, because they lie just below the soil surface. When
impressions of the rings are visible as creases in grass blades (during the growing
season), or when actual rings are visible to the eye, immediately cover the exposed
rings with sand topdressing to a depth of between 1/8" to 1/4" above the top of the
rings. This is easily done by spreader equipment or with a shovel and rake
Ruts
The appearance of ruts in grass paving is a sign of improper installation. Possible errors
include:
1 Improper depth of base, or inadequate compaction
2. "Topsoil" placed between base and Grasspave2
3 More than 1/2" of soil above top of rings Contact the original contractor to repair and
reinstall to specifications.
Shade
As trees mature in the landscape, grass paved areas (especially those carrying daily
traffic) can experience a loss of grass vigor due to increased levels of shade. Some
grasses are more tolerant of shade than others and may have to be seeded into the
affected area. This can be done without removing the existing grass because a shade
tolerant mix will overcome a weaker grass. For a more rapid and complete conversion,
however, an application of a short-term herbicide such as Roundup can be applied
according to manufacturer's recommendations in preparation for reseeding. Use
reseeding steps in 'Bare Spots--Repair" described on Page 3.
Grass paved areas not subject to daily traffic
(such as firelanes) will probably not show any
stress from shading.
Thatch Removal
Over time, most grass installations, including Grasspave2areas, will develop layers of
thatch--usually defined as old leafless stems of grass, or layers of grass clipping in
various state of decomposition. Thatch is a problem because it can prevent percolation
and, if allowed to build layers over 1/2" in depth above rings, can allow compaction to
take place above the Grasspave2 structure. This layer of thatch must be removed for the
long-term health of turf. Different grasses require different techniques for thatch
removal The two most common methods are:
EXHIBIT "C"
Pg. 7 of 7
• Use of spring tines on rotary mower blades (best for buildup from clippings)
• Use of sod cutter, set to shallow depth to skim tops of rings (best for air/waterborne
soil deposits over long term) Depending on the depth of thatch removed and the
condition of grass crowns remaining, it may be necessary to topdress and reseed.
(See "Bare Spots--Repair," page 4.)
Normal Maintenance Checklist
Function Frequency
Aeration
NEVER AERATE GRASSPAVE2 PAVED AREA
Fertilizing
As appropriate for selected grass species.
Herbicides/Insecticides
As needed, following manufacturer's instructions.
Irrigation
As appropriate for selected grass species and rainfall amounts in area.
Micronutrients
Apply I time year (or every 6 month growing season in warm climate areas).
Mowing
As appropriate for selected grass species.
Thatch Removal
Remove when reaches 1/2" in depth above rings.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
State of California
C County ojro)
On'-71et, 2-e_ WIZ before me,
Date Here Insert Name and Trtle'ot the Officer
personally appeared Al
Name(s)of z5ignerts) §1
who proved to me on the basis of satisf tory
evidence to be the person(s) whose name( is re 1111
subscribed e t 'thin instrument and acknowledged
that /they executed the s Q
lllff� t Ze;he same in
er/their authorized capacity(ies), and that by
RANDA GAIL MILLJOUR his er/their signature(s) on the instrument the
Commission#1916144 or the entity upon behalf of which the
Notary Public - ca ifornia(n
San Diego county A person(s) acted, executed the instrument.
t
My Commission Exp. Jan. 6, 2015 1 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
Signature
Place Notary Seal Above ynature 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
Title or Type of Document:
Document Date Number of Pages
Signer(s) Other Than Named Above
Capacity(ies) Claimed by Signer(s)
I Signer's Name
Signers Name
fi Ll Corporate officer — Title(s) ❑Corporate Officer — Title(s)
F-1 Individual
fi El Individual
Partner — ❑ Limited L 1 Genera Top of thumb here
fi [i Partner — ❑Limited Ll General Top of thumb here
fi L 1 Attorney in Fact L Attorney in Fact
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F I Trustee 1 Trustee
fi Guardian or Conservator Guardian or Conservator
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Item#5907
(-q,2010 National Notary Association NationalNotary.org 1-800-US NOTARY(1-800-876-6827)
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
THE LAND REFERRED TO HEREIN IS SITUATED IN THE CITY OF ENCINITAS,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS
FOLLOWS.
LOT 1 OF CITY OF ENCINITAS T.M. 07-045 FOR CONDOMINIUM PURPOSES, IN
THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 15744, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 5, 2009.