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2011-108545RECORDING REQUESTED BY FIRST AMERICAN TITLE National Commercial Services Recording Requested By: City of Encinitas Planning and Building Department When Recorded Return To: City Clerk City of Encinitas 5841 505 S. Vulcan Ave. Encinitas, CA 92024 D 0 C # 2011-0108545 11111111111111111111111111111111111111111111111111111111111111111111 FEB 28, 2011 8:00 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 24.00 PAGES: 4 APN: 258-161-11-00'/ Above Space for Recorder's Use Only TERMINATION AND RELEASE OF AFFORDABLE HOUSING REGULATORY AGREEMENT THIS TERMINATION AND RELEASE OF AFFORDABLE HOUSING REGULATORY AGREEMENT ("Termination") is made and effective as of the date of recordation hereof, by Pacific Station Property, LLC, a Delaware limited liability company ("Owner"), and the City of Encinitas ("City"). Pursuant to conditions imposed by the City for the development by Owner of Lot I of CITY OF ENCINITAS TRACT 05-237, in the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 15722, filed in the Office of the County Recorder of San Diego County on October 10, 2008 ("Property"), which Property has subsequently been made subject to that certain condominium plan recorded in the Office of the County Recorder of San Diego County, California, on January 19, 2011, as Document No. 2011-0033817, City and Owner imposed on the Property that certain Affordable Housing Regulatory Agreement recorded August 18, 2008 as Document No. 2008-0440730, Official Records of San Diego County, California (the "Covenant"). Owner and City hereby terminate the Covenant and release the lien thereof with respect to the entire Property. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] TERMINATION AND RELEASE OF AFFORDABLE HOUSING REGULATORY AGREEMENT 5842 This Termination may be executed in counterparts, each of which, when taken together, shall constitute one fully executed original. IN WITNESS WHEREOF, the undersigned have executed this Termination. OWNER: CITY: PACIFIC STATION PROPERTY LLC, a CITY OF ENCINITAS Delaware limited liability company By: Pacific Station Holdings LLC, a By: Delaware limited liability company, its Name: Tin C viz2.~aE-~ sole Member Title: CiTr PGAN~E/Z By: Pacific Station LLC, a California (Notarization not Required) limited liability company, its Manager Date: ZL , 2611 W. Neil Fox, III, its Manager Date: _ . - ; . ,.2 By: John DeWald & Associates, LLC, a ornia li ited liab' 'ty com ac B Joh eWald, its anager Date: -I - go i( TERMINATION AND RELEASE OF AFFORDABLE HOUSING REGULATORY AGREEMENT 2 5843 STATE OF CALIFORNIA COUNTY OF On e ruA C/ 2011, before me, Jc y,e ~a~✓~ (a7 TD , Notary Public, personally appeared W • J)P I I max _Tjj: who proved to me on the basis of satisfactory evidence to be the person(p) whose name($) is/af-e subscribed to the within instrument and acknowledged to me that he/44e4hcy executed the same in his/4ef4heir authorized capacityO, and that by his4herAhtir signature(.9) on the instrument the person(g), or the entity upon behalf of which the person,(-,) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ..•,w; OFFICIAL SEAL JOYE DAWN CATO c~ y~ o e NOTARY PUBLIC-CALIFORNIA r OW. NO. 1789146 SAN DIEGO GO COUNTY MY COMM. EXP. 4N, 18, 2012 Q4t~,6 Si at e (Seal) STATE OF l.G f-o rr) r g ) COUNTY OFn p o ) On 2011, before me, vO ° ~a W ~a T D Notary Public, personally appeared Bohr) :De Oa l who proved to me on the basis of satisfactory evidence to be the person(,9) whose name($) islafe subscribed to the within instrument and acknowledged to me that he/&hefth-ey executed the same in his/44~r authorized capacity(ies), and that by his'Lan4heir- signature(s) on the instrument the person(s), or the entity upon behalf of which the persono) acted, executed the instrument. 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. o• OFFICIAL SEAL JOYE DAWN CATO m t` . 6 NOTARY PUBLIC-CALIFORNIA ci COMM. N0. 1789146 n e (Seal) y- SAN DIEGO COUNTY p YCOMM. EXP. JAN. 18, 2012,g "TERMINATION AND RELEASE OF AFFORDABLE HOUSING REGULATORY AGREEMENT 5844 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT . ; ..~:<~.,c-.~h..c`S~'~=<~ ~s:~S'E`5~''~'~C'.t'~`.GK'.C~C'.C- E`.c`C'.c~f>c;lc<-hc;F,rl`.c=cSc-~F~.i-c~K`<-rM~~.c~M,~,r~~,K`,L~L7C•C• , „2-C-, - - State of Califgrnia County of On CS) before me, Date \ ere Z me an itle of the Officer personally appeared f~VR1 VAc3Qu- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s~ whose name(ser is/are subscribed to the within instrument and acknowledged to me that he/s4e4iey executed the same in his/her/their authorized capacity(ieej, and that by his/he#4+teir signature(s) on the DEANA GAY instrument the person(s), or the entity upon behalf of Commission 0 1862433 which the person(a~ acted, executed the instrument. Z Notary Public -California 2 San Diego County > I certify under PENALTY OF PERJURY under the laws M Comm. Ex fires Au 23, 2013 + of the State of California that the foregoing paragraph is true and correct. WITNESS rpf handland official Place Notary Seal Above Signature JCS 1~-- y Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document c. 1 i Title or Type of Document: PkP Q . ~ 5 C1 - Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer - Title(s): _ ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing Top of thumb here 02007 National Notary Association- 9350 De Soto Ave., PO. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827