Release of Covenant 2001-0863699
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, DOC 2001--0863699
f 005948 #,
~( RECORDING REQUESTED BY' NOV 28. 2001 8:32 AM
AND WHENREC:ORDED MAIL TO:
" ' OFFICIAL RECORDS
6i? Cityclerk'~ Qffice SAN DIEGO COUNTV:RECORDER'S OFncE
GREGORY J. SIIITH, COUNTY RECORDER
~f~ POBox 789 FEES: 0:00
Poway,CA 92074-0789 WAV: 6
,CJ
NO TRANSFER TAX DUE
(THIS
Exempt from Recording Fee Pursuant to Government Code Section"27383
RELEASE OF COVENANTS
Tins RELEASE (hereafter, this "Release"), dated for reference,ptirposes this 20th day of November,
2001, is executed by the City of Po way, amunicipal corporation organized and existing under the laws of the
State of California, with reference to the' following facts:
A. The property that is the suoject of this Release (hereafter, the, "Property") is that certain real
property located in the qity of Po way, California, described in Exhibit A attached hereto. The
property is currentlyoWried by the Poway Redevelopment,Agency,a public body corporate and
politic {the "Agency"). The Agency has leased the Property to.Community Housirig of North
County (hereafter, "CHNC") for development of affordable housing (the "Project"). qINC
desires the release of certain covenants and encumbrances from the Property .inorder to obtain
financing for the Project. The City of Po way desires to'facilitate the development ofthe.Project
for the, improvementofaffordaI:Jle housing opporturiities,in the community
B. Prior to the acquisition oftheProperty by the Agency, predecessors in interest obtainedvilrious
land use approvals from the County of San Diego and, after incorporation of the City, the City of
Poway.(hereafter coliectiveiy"the "City") for developmentoftheProperty, by the terms of which
various conditions ofapproval, indemnifications, Dev~lopment Agreement covenants, and other
covenants regarding real property (itemized hereinbeloW and hereafter collectively, the
"Covenants")were !p:antedand given by the predecessors ininterestto or for the benefitofthe
City The City ofPoway,Jor itself and as the successorininterestto'theCounty of San Diego as
to the Covenants owed the County regarding the PropertY, now wishes to release the Covenants as
the sameencumberthe,Property so thilt the Propertymilybe conveyed, leased, transferred, further
encumbered, and held free and clear of the Covenants.
NOW, THEREFORE, in :consideration of the foregoing, the City of Poway does hereby
unconditionally release..the encnmbrance of each of the follqwing documents (the Covenants) from the
Property and from the leasehold estate therein as identifiedin.the Memorandum of Lease recorded June I I,
2001, against the ,Property, and any amendments thereto:
1 ABSTRACT OF AGREEMENT RE INDEMNIFICATION recorded August 19, 1982 as
File No. 82c257605 in the Office of the Recorder of the County of San Diego.
2. COVENANT OF IMPROVEMENTREQUIREME,NTSrecorded September 22, 1982 as
File NO.'82c293238 in the Office of the' Recorder of , the Colirity of San Diego.
Page I of I
Oei <r ) CON C)/-IP'?
4i,;)Q8f.. II>CXf-i9
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3 DEVELOPMENTAGREEMENTrecorded December 8, 1988 as File No, 88-6-30853 in the
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Office oftIle Recofder'oftheCoimtyof San Diego.
4 C;OVENANT REGARDING,REAL PROPERTYrecordedDecember 22, J 988 as File No..
~-660872 in the Office ofthe Recorder of the County of San Diego.
5 COVENANT REGARDtNG~REAL PROPER'fY recordedOecember 4, 1990 as FileNo.
90-0643708 in the Office ofthe Recorder ofthe County of San Diego.
6. COVENANTlU':GARDINGREAL PROPERTY recordedJuly 16, 1991 as File No. 1991-
0347706'iii the Office of the. Recorder of the County. of San Diego.
ThjsRelease shall be bil1ding upon all ofthe successors in interest, .transferees; lessees, and assigns of
the undersigned.
IN WITNESS WHEREOF, ,the undersigned City Manager of the City of Poway, being first duly and
fully authorized to execute the same, has caused this Release to be execiitedas ofthe date first written above.
CITY OF POWA Y,a mUriicipal corporation
By'
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. 005950
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CALlF"OB~I~ A.lL-J.lUFlP9'~' ACKNOWLEDGMENT
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1 ,State of,Califorhia } ss, .,
1 San b,'~b ,
I- Cou~ty. of "
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" on:[~J()\IQ.vn ~-rJ~61{.ijbefore me, L;zab~F
I
Dale Name and-TllIe of Officer, (e. ., "Jane Doe, N ry uolic") ,
" 0G\ me.S J. e,OWe.~SD)C
personally appeared ,
Name(s) ofSi~-nEir(s) ,
, Q5l personally known Jo me
, D proved to me on the basis of satisfactory
evidence
" to be the person(-&j whose name(~) is/afe "
, subscriBed to the: within instrument and 1
acknowledged to nie'that'he/shoAhlly'executed ,)
the ,same :in. hislhllr'th'ilir authorized
" Ie'"""" "~ "' capacityfies); and that by, his/her'Uwir
signature(&) on th!3 in~tru(Tlent the person(&j; or "
,. _ " ,Commlsslon# 1256279 the entity upon b~half of which the person(~) )
_n _....,. _ _," z
, Notory PublicccColifomla ~ acted, executed the instrument
Scin~ COUntY. -
MyComm,~Al!r7.~ WITNESS my~hand and official seal. ,)
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1 Place Notary,Seal Above 1
OPTIONAL ,)
Though the information below is:not.'required by law, it mayprovevafuable,Jo'persons1efyhg on the document 1
. and cOl.J/d,prevent'fralid,ulent removal 'and reattachment'oi"ihis'form to'another document.
I
Description.of Attached Document n~ CO\) QV\ClVl-\-<3
Title or Type of Document: Q {'1l? as<;w ,
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1
Document Date: I\lO\1""MI.o~lL. ao) d--Dn t Number of Pages: 1
1 I
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Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer 1
Signer's Name: 'I
o Individual . .,
Top of Ihumbhere.
o CorpDrate'Officer ~ Title(s):
o Partner -0 Limited 0 General
o Attorney in,Fact
o Trustee
o Guardian.or-'Conservator
o Other'
Signer Is Representing: "
.... @ 1997 National Notary Assodation '~l350_ De Solo Ave: P.O. BOl{ 2402 . Chalswarth. CA 91313'2402 Prod. No 5907 Reorder: Call Toll-Free 1-800-876-6827
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Exhibit A 005951.
LEG;(L DESCRIPTION
PARCEL A.
A POR:rIONOFTHESOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 13, TOWNSHIP 14,sOUTH; RANGE 2 WEST;,8AN BERNARDINO MERIDIAN,
IN THE CITY OF POWA Y, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
AC<;ORDING TO THE OFFICIAL-PLAT THEREOF"SAID PORTION LYING
NORTHERLY OF THE FOLLOW1J)lGDESCRIBED LINE.
COMMENCING AT THE NORl'HWEST CORNER OF$AII? SQUTHWEST QUARTER OF
THESOD.THEAST QUARTER OF SECTION 13, THENCE i\I:0NG THEWESTERL Y LINE
THEREOF S,OUTH022 20! 33~' WEST,;553.37 FEET T0THE TRUE POINT OF BEGINNING
OF THE WITHIN DESCRIBED LINE, THENCE LEAVING.SAID WESTERLY LINE
SOUTH 582 27' 03" EAST ALO,NGTHEc;ENTER LINE OFTHAT,IRREVOCABLE OFFER
OF DEpICATI0N GRANTE))'TO TI-IE COUNTY OF'SANDIEGO RECORDED
SEPTEMBER29, 1980 N080"316:]!l9 OF OFFICIAL RECORDS TO THE EASTERLY,LINE
OF SAlDSOUTfl.WEST QUARTER OF THE SOUTHEAST QUARTER AND THE POINT
OF TERMINUS, SAID POINT LYING NORTHERLY AL0NGSAID EASTERLY LINE 5.82
FEET, MORE OR LESS, FR01fTHESOUfHEAST CORNER OFSAID SOUTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 13
PARCEL B
PARCEL 1 OF PARCEL MAP NO. 15715, IN THE CITYOF ROWAY, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA"FILED IN THE OFFICE,0FTHE COUNTY RECORDER
OF SAN DIEGO COUNTY, JUNE 21, 1989 AS FILE NO 89-328217 OF OFFICIAL
RECORDS.
Exhibit A-I