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Partial Release and Termination of Agency Documents 2010-0524562Recording requested by: �o ; bH1c TITLE COM r DO C # 201 0 - 0524562 IIIII IIII I WHEN RECORDED MAIL TO: S 30 2010 3:59 PM Redevel Ag ency OFFICIAL RECORDS Poway P g Y SAN DIEGO COUNTY RECORDER'S OFFICE 13325 Civic Center Drive DAVID L. BUTLER. COUNTY RECORDER Poway, CA 92064 FEES: 45.00 WAYS: 2 Attn: Executive Director 2 4 9 PAGES: 6 N fee document pursuant to III�IIIIflI11111 Hill IIIII11111111111l111111 pill Pill 111111111II111II11111 oil IN Government Code Section 27383 1 V 100 D 62 A (SPACE ABOvE THIS LINE FOR RECORDERS USE) PARTIAL RELEASE AND TERMINATION OF AGENCY DOCUMENTS This Partial Release and Termination of Agency Documents (the "Release ") is entered into as of Septembe 2010, by and between the Poway Redevelopment Agency, a public body, corporate and politic (the "Agency"), and Pinnacle Realty of California, LLC, a California limited liability corporation (the "Owner "), with reference to the following facts: RECITALS A. The Owner is purchasing certain real property located in the City of Poway, County of San Diego, State of California, as more particularly described in Exhibit A (the "Property") B. The Agency and the Owner's predecessor -in- interest entered into that certain unrecorded Disposition and Development Agreement dated as of November 4, 1997, as amended by that certain First Amendment to Disposition and Development Agreement, Grant Deed and Maintenance Agreement which was recorded against the Property in the Official Records of the County of San Diego (the "Official Records ") on January 11, 2001, as Instrument No. 2001 - 0017566 (collectively the "Disposition Agreement"). C. The Agency executed that certain Grant Deed which was recorded against the Property in the Official Records as Instrument No. 1998-0084 895 (the Grant Deed" ).\ D. The Disposition Agreement and the Grant Deed contain certain provisions that are no longer applicable or are in conflict with the proposed redevelopment of the Property as detailed in that certain Disposition an(poevelopment Agreement dated as of August 17, 2010 by and between the Owner and the Agency (the "DDA" ). E. In connection with the Owner's acquisition of the Property and redevelopment of the Property by the Owner pursuant to the terms and restrictions of the DDA, the Agency and Owner wish to terminate the Disposition Agreement and partially terminate specified provisions 1 1552 \10\867221.1 24099 of the Grant Deed, and to release the encumbrance of the Disposition Agreement and the specified provisions of the Grant Deed from the Property. NOW, THEREFORE, it is hereby declared and understood as follows: 1. The Agency and Owner hereby terminate the Disposition Agreement as such document relates to the Property. 2. The Agency hereby terminates the following specified sections of the Grant Deed as such sections relate to the Property: a. "Section 3 Permitted Uses" is hereby terminated; b. "Section 4 Restrictions on Transfer" is hereby terminated; C. "Section 6 Failure to Complete Developer Improvements" is hereby terminated; d. "Section 7 Right of Agency to Cure Mortgage or Deed of Trust Default" is hereby terminated; e. "Section 8 Agency Option to Reacquire Site" is hereby terminated; f. "Section 9 Power of Termination" is hereby terminated (collectively the "Terminated Sections"). 3. The encumbrance of the Disposition Agreement is hereby released from the Property. The Terminated Sections of the Grant Deed are hereby released from the Property. 4. To the extent applicable, the Disposition Agreement and the Grant Deed shall continue in full force against any other property subject thereto. 5. This Release may be signed in multiple counterparts, which, when signed by both parties, shall constitute a binding agreement. [Signature Page Follows] 2 1552 \10 \867221.1 24100 IN WITNESS WHEREOF, the Agency and Owner have executed this Release as of the date written above. OWNER: PINNACLE REALTY OF California, LLC, a California invited liabil' company By: (�2 Name: Troy Duhon Its: p a w%'/ AGENCY: POWAY REDEVELOPMENT AGENCY, a public body co ate and politic By: = Di Its: t e APPROVED AS TO FORM: AGENCY GENERAL COUNSEL Lisa Foster APPROVED AS TO FORM: GOLDFARB & LIPMAN LLP Agency Special Counsel By: ate[ 1552 \10 \867221.1 Mar SIGNATURES MUST BE NOTARIZED 3 E 24101 e � F.ort .� 1 A n/ >a' STATE OF ) - PQ1f'i' 15 Ze F��er sa �✓ ) OF S *N17EGO ) On 3 4 14,41,, 4-.7016 before me, t L G -e* 5 L� Notary Public, personally appeared „/ who proved to me on the basis of satisfactory evidence o be the persons) whose names) 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 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. LA I certify UNDER PENALTY OF PERJURY under the laws of the State of Gsh€emin that the foregoing paragraph is true and correct. WITNESS my hand and official STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO --casey Commission On Z 7, Z 0 // 0 me, -f/%L 1. S ,�ff //!��/ , Notary Public, personally appeared yg /-- E')/ , who proved to me on the basis of satisfactory evidence to be the personM whose name(i6 is/ab_ subscribed to the within instrument and acknowledged to me that Ik/she /t> executed the same in *her /d* authorized capacity(i *, and that by A�Vher /th)4 signature on the instrument the person o, or the entity upon behalf of which the person(,�acted, executed the instrument. I 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. PHYIUS SHINN E Commission #t 1778898 Notary Public • California Son Diego County C0rrM kesNov9 2011 t No lic 1552 \10\867221.1 24102 . LEGAL DESCRIPTION A -1 1552XIo\867221.1 EXHIBIT "A" Legal Description Order No.: 73710000762 24103 For APN /Parcel ID(s): 317- 190-43 and 317- 190-44 PARCEL A: THE NORTH 1.35 OACRES OF THE WEST 4 ACRES OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. EXCEPT THE NORTH 50 FEET. ALSO EXCEPTING THAT PORTION CONVEYED TO THE CITY OF POWAY BY DEED RECORDED OCTOBER 1, 1987, FILE NO. 87- 555826 OF OFFICIAL RECORDS. PARCEL B: PARCEL 1 OF PARCEL MAP NO. 15255 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 500 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 500 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 THEREOF WITHIN 500 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 -I: AN EASEMENT FOR INGRESS AND EGRESS, OVER, ALONG AND ACROSS THAT PORTION OF PARCEL 2 OF SAID PARCEL MAP NO. 15255, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 6, 1988, DELINEATED AS "MUTUAL INGRESS AND EGRESS EASEMENT RESERVED HEREON." Exhibit Page - Commitment Legal SSCORPD0286.doc /Updated: 06.08.10 Printed: 09.30.10 Q 07:26AM CA -CT- 7737- 5821 - 73710000782