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Release of Construction Covenants 1999-0823342 " .i ....;JRIGINAL .O.F THIS DOCUMENT .. RECORDED ,00 DEC 21" I'm DOCUMENT NUMBER Im-O~3342 GIifGORYJ. SMITH, COUNTY REL'ORDER SAN DIEGO COUHTY RECORDER'S OFFICE TIME: 8:00 AM ">.-~. , RECORDINGREQUESTED.BY AND WHEN RECORDED MAIL TO' '7.FO /'7 ~ . 7 311.190'44-aJ RELEASE OF CONSTRUCTION COVENANTS ) } } } } } } ) This documem'is,exempt fro~ the 'payment oCa recording fee pursuam to Governmem Code Section 27383. MATT TRAVIS 6828 Federal Blvd. Lemon Grove. CA 91945 TillS RELEASE OF CONSTRUCTION COVENANTS (the "Release"} is made by the POWAY REDEVELOPMENT AGENCY, a public body, corporate and politic (the "Agency"), in favor of MA IT TRAVIS, a:s1'rUSteeof the Travis FamilyTrust dated November 11, 1993, and HMT AUTOMOTIVE, INC., a California corporation (collectively, the "Developer"), as of the date set forth below. RECITALS A. The Agency and the Developer have entered. into that certain Disposition and Development Agreement (the "DDK') dated November 4, 1997 concerning the redevelopment of certain real property situated in the City of Poway, California as more fully described in Exhibit " A" attached hereto and made a part hereof, Unless otherwise expressly provided herein, all terms shall have the same meaning as set forth in the DDA. Be As referenced in Section 310 of the DDA, the Agency is required to furnish the Developer or its'successors with,a Release Of Construction Cpvenants upon completion of construction of the Developer Improvements, which Release is required to be in such form as to permit it to'berecorded 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 DDA. C. The Agency has conclusively determined that such construction and development has been satisfactorily completed. NOW, THEREFORE, the Agency hereby certifies as Jollows , 5 26 ~ ?2.2V go~tz\223 4 5.0000 11/17/97 - .J .1 1 The.Developer Improvements to be constructed by the Developer have. been fUlly and satisfactorily compieted in conformance with the DDA, . Any'operating requirements and all. use, maintenance or nondiscrimination, covenants containedih ilie DDA; and all Attachments to the '. . - ~'.'" ..- - . .. . '".. DDAwhiCh!baVe been or bY'.rp.e DDA are required to be executed <lad delivered to the Agency and recorded shall'remaln in effect and. enforceable according totlieii'terms. 2, Nothing contained.inthis instrument shallrI10dify in any other way any other provisions of the DDA. \ IN WITNESS WHEREOF, the Agency has executed this Release this 30 day of NOV~De(<.. 199:1. POWA Y REDEVELOPMENT AGENCY, a public body, corporate,and politic By' ~'f'"~~ ~JJ)fu\\ mes ~ BOVlersox . Exicutive Director Its: ATTEST: siAl; (L., , Q ~pl~ A ncy Secretary . 526512:2Vgoctz\12345.0000 1'/'7/97 " : ..aJ '( 'CALIFORNIA :ALL-eURP~ACKNOWLEDGMENT .1 CaJ/-tv(.2.f')/a-- County of SQY1b;Q30 On.L1!CJV(2\'Ylb-ep--30. Jqq9 before me, E!t2.QW F. i n 'Oale - Name and Tille of Officer (e.g., "Jan L. t'30u..JGlf?"SD)(., Name(s) ofSigner(s) Doe. Notary Pub' State of I' personaily appeared 00 l'Y\ e.3 '( ,0:personaily known. to me o proved to me on the basis of satisfactory evidence [. r-- & & ~ ~~F~O~~ -I ~ Commission #1093980 ~ ffl NotOryPiJb. DC. - CoIIlomla .~ i San Diego Countyl _ _ _ _ ~c:m:.~I:'~~ ' to be the personi6)' whose name\5)' is/are-subscribed to the within instrumenuind acknowledged to me that he/sRe.'tl,e) executed the same in his/Ro!.,,'t1 ,~;i' authorized.capacityfiest; and that by his/her/II ,~i, signature(5) on the instrument the person(ej', or the entity upon behalf of which the person(s;t acted, executed the instrument. WITNESS my hand and official seaL (/~~:ru~~ OPTIONAL Though the information below is nol1equired'by law, it may prove valuable to persons relying on the document and could prevent fraur;iulent re(Tloval and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ~&.Q..-.:uo9-..- &~ ~'ri;,p-"." ') ~~~ / Document Date: .I /-.3n-Cf9 Number of Pages: Signer(s) Other Than Named Above: I I I' Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: o Individual o Corporate Officer Title(s): o Partner - 0 Limited 0 Generai o Attorney-in-Fact o Trustee o Guardian or Conservator o Other' Top of tnumb'here o Individual o Corporate Officer Title(s): o Partner - 0 limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other' Top 01 thumb here .1 I I. I 'I I. I. I :'==~-~~-~~~-~_J Signer Is Representing: Signer Is Representing: <01996 National Notary Association' 8236 RemmetAve., P.O. Box 7184' Canoga Park, CA 91309.7184 Prod. No. 5907 Reorder: ::all TolI.Free 1-800876-6827 .' .1 PARCEL A EXHIBIT A .1 PARCEL 1 OF PARCEL MAP NO 152SS IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 6, 1988 EXCEPTING OIL, GAS ,HYDROCARBON SUBSTANCES AND' MINERALS OF EVERY KIND AND CHARACTER LYING MORE THAN soa FEET BELOW THE SURFACE, TOGETHER WITH THE RIGHT TO DRILL INTO, THROUGH,. AND TO USE AND OCCUpy ALL PARTS OF THE SITE LYING MORE THAN saa FEET BELOW THE SURFACE THEREOF FOR ANY AND ALL PURPOSES INCIDENTAL TO THE EXPLORATION FOR AND PRODUCTION OF OIL, GAS, HYDROCARBON SUBSTANCES OR MINERAL FROM SAID SITE OR OTHER LANDS, BUT WITHOUT, HOWEVER, ANY RIGHT TO USE EITHER THE SURFACE OF THE SITE OR ANY PORTION~HEREOF WITHIN SOO FEET OF THE SURFACE FOR ANY PURPOSES OR PURPOSES WHATSOEVER, OR TO USE THE SITE IN SUCH A MANNER AS TO CREATE A DISTURBANCE TO THE USE OR ENJOYMENT OF THE SITE PARCEL B AN EASEMENT FOR INGRESS AND PARCEL 2 OF SAID PARCEL MAP DIEGO, STATE OF CALIFORNIA, DIEGO COUNTY, JUNE 6, 1988 RESERVED HEREON " , EGRESS, OVER, ALONG AND ACROSS THAT PORTION OF NO 15255, IN THE CITY OF POWAY, COUNTY OF SAN FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DELINEATED AS "MUTUAL INGRESS AND EGRESS EASEMENT