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Release of Covenant 2001-0863699 - " - - . . , 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 - e: . 005949 3 DEVELOPMENTAGREEMENTrecorded December 8, 1988 as File No, 88-6-30853 in the ~. ._ -0 _ '._ ~ .' _. _. _ _ _.." .. _ '.,'~' .'_ 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' Page 2 of2 - ,,, . . . . 005950 . CALlF"OB~I~ A.lL-J.lUFlP9'~' ACKNOWLEDGMENT - ' - - - - - , - "" ~ - - - I, ) I ) 1 ,State of,Califorhia } ss, ., 1 San b,'~b , I- Cou~ty. of " , " I " 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. ,) I ) I' " 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 , . . . 1 Document Date: I\lO\1""MI.o~lL. ao) d--Dn t Number of Pages: 1 1 I I 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 ,. . . / ". ,. '. 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