Release of Construction Covenants 1999-0216921 •
• DOC 12004-0305753
APR 09 . 2004 3 : 09 PM
OFFICIAL RECORDS
RECORDED REQUEST OF SAN DIEGO CONY RECORDER'S OFFICE
First American Title GREGORY 3. SMITH, CO1NIY RECORDER •
SUBDIVISION MAPPING DEPT. • O73 FEES: 17.00
RECORDING REQUESTED By AND
WHEN RECORDED MAIL TO: 1111111111E1111111111111111111111111111111111111
IIIIII111111(III
MC MILLIN COMPANIES 20040305733
2727 HOOVER AVENUE
NATIONAL CITY, CA. 91950
' Atm: JOY ROOKS
b94.4 5$-Co This document is exempt from the
payment of a recording fee pursuant
to Government Code Section 6103.
• RELEASE OF CONSTRUCTION COVENANTS
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This RELEASE OF CONSTRUCTION COVENANTS(the °Release")is made by the
POWAY REDEVELOPMENT AGENCY,.a public body corporate and politic(the°Agency"), in •
favor of PARKWAY DEVELOPMENT III, a Delaware Limited Liability Company,(the
"Participant"),as of the date set forth below.
RECITALS CurkeRoeteo
A. The Agency and the Participant have entered into that certainij)wner Participation
Agreement(the"OPA")dated rrivrecof R4, 1999 concerning the redevelopment of certain
real property.situated in the City of Poway, California as more frilly described in Exhibit"A" attached
hereto and made a part hereof.
B. As referenced in Section 309 of the GPA, the Agency is required to furnish the
Participant or its successors with a Release of Construction Covenants upon completion of construction
of the Improvements(as defined in Section 101 of the OPA),winch Release is required to be in such
form as to pamit it to be recorded in the Recorder's Office of San Diego'County. This Release is
conclusive determination of satisfactory completion of the construction and development required by
the OPA and said construction covenants are hereby released.
C. The Agency has conclusively determined that such construction and development has
been satisfactorily completed. •
NOW,THEREFORE,the Agency hereby certifies as follows:
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(Page 1 of 2).
• ® + 19074
1. The Improvements to be constructed by the Participant have been hilly and
satisfactorily completed in conformance with the OPA. Any operating requirements and all use,
maintenance or nondiscrimination covenants contained in the OPA shall remain in effect and
enforceable according to their terms.
2. Nothing contained in this instniment shall modify in any other way any other provisions
of the OPA
3. This Release shall not constitute evidence of compliance with or satisfaction of any
obligation of the Participant to any holder of any mortgage,or any insurer of a mortgage loaned to
finance the Improvements, or any part thereof
4. This Release is not a notice of completion as referred to in California Civil Code •
Section 3093.
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IN WITNESS WHEREOF, the Agency has executed this Release this __ _clay of
And
POWAY REDEVELOPMENT'AGENCY, a public
body, corporate and politic
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Dated: By , 110 gZ 00..1.8°✓
• C Alta-0710 .Dllan-771Q
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ATTEST:
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ate;I
AGENCY SECRETARY ,,�yfront
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(Page 2 of 2)
Ash
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® 19075
EXHIBIT"A"
LEGAL DESCRIPTION OF SITE
•
Lots 1, 8 and 9 of City of Poway Tentative Map 98-05, as
approved by Poway City Council Resolution No. P99-16, dated
February 23, 1999.
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® • 19076
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STATE OF CALIFORNIA
COUNTY OF . n Dip60 ) ss.
On Pei 10703L1 L1 , before me. Shtelie. b. .V'Jpgf?et I , Notary Public,
(Print Mama of Notary PCO)
personally appeared Merles L . 60NIGf'6c7j(
•
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
slgnature(s) on the Instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the Instrument.
sKERRIE 0.WORRELL
_ • Cambrian IP 1421698 WITNESS my hand and official seal.
;' '.":r Nay Pubic•California
\•2''147 Ian Obpo Caalty
mvComm.bale AMM 1 ����,�
OPTIONAL
Though the data below Is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ Individual
❑ Corporate Officer
-Release d Ca1sin,ch'an 4Anans
MO) Tie Or Typa Of oaaanert
O
Partner(s) 0 Limited
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0 General
o Attorney-In-Fact
❑ Trustee(s) Number Of Pages
❑ Guardian/Conservator
❑ Other.
APRT I '7. CICt4
Signer Is representing: Date Of Document
Nana Of Panora)Or Entey(M)
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SIgnnr(a)Other Than Horned Above