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2011-108548RECORDING REQUESTED BY FIRST AMERICAN TITLE National Commercial Services Recording Requested By: City of Encinitas When Recorded Return To: City Clerk City of Encinitas 505 S. Vulcan Ave. Encinitas, CA 92024 5853 PAGES: 4 APN: 258-161-11-00 s! Above Space for Recorder's Use Only TERMINATION AND RELEASE OF COVENANT REGARDING REAL PROPERTY: PRIVATE IMPROVEMENTS REQUIRED AS CONDITION ON FINAL APPROVAL OF SUBDIVISION OF REAL PROPERTY THIS TERMINATION AND RELEASE OF COVENANT REGARDING REAL PROPERTY: PRIVATE IMPROVEMENTS REQUIRED AS CONDITION ON FINAL APPROVAL OF SUBDIVISION OF REAL PROPERTY ("Termination") is made and effective as of the date of recordation hereof, by Pacific Station Property, LLC, a Delaware limited liability company ("Subdivider"), and the City of Encinitas ("City"). Pursuant to conditions imposed by the City for the development by Subdivider 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 Subdivider imposed on the Property that certain COVENANT REGARDING REAL PROPERTY: PRIVATE IMPROVEMENTS REQUIRED AS CONDITION ON FINAL APPROVAL OF SUBDIVISION OF REAL PROPERTY recorded August 18, 2008 as Document No. 2008-0440633, Official Records of San Diego County, California (the "Covenant"). Subdivider 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 COVENANT REGARDING REAL PROPERTY' PRIVATE IMPROVEMENTS REQUIRED AS CONDITION ON FINAL APPROVAL OF SUBDIVISION OF REAL PROPERTY I D O C 2011-0108548 1111111 1111111111111111111111111111111111111111111111111111111 IN IN FEB 28, 2011 8:00 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 24.00 5854 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. SUBDIVIDER: PACIFIC STATION PROPERTY LLC, a Delaware limited liability company By: Pacific Station Holdings LLC, a Delaware limited liability company, its sole Member CITY: CITY OF ENCINITAS By-J, [A, AA 44 Peter Cota-Robles Director of Engineering Services By: Pacific Station LLC, a California p limited liability company, its Dater Manager By: W. Neil Fox, III, its Manager Date: By: John De Ass( LLC, Californ' I' liab' ity compa , its M ner By: John eWald, its Date: `1 GII' TERMINATION AND RELEASE OF COVENANT REGARDING REAL PROPERTY: PRIVATE IMPROVEMENTS REQUIRED AS CONDITION ON FINAL APPROVAL OF SUBDIVISION OF REAL PROPERTY 2 5855 STATE OF CALIFORNIA COUNTY OF~a ~e On r brLo ✓q q 2011, before me, Jo y e Da, tJrV 4 ~To , Notary Public, personally appeared W . Nei I Ec, x who proved to me on the basis of satisfactory evidence to be the person(s) whose name(g) is/are subscribed to the within instrument and acknowledged to me that he/Aefth~y executed the same in his/4efAb- 'ir authorized capacity(ies), and that by his/4erkkeir signature(e) on the instrument the person(A), or the entity upon behalf of which the person(A) acted, executed the instrument. 1 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. Y OFFICIAL SEAL JOYS DAWN CATO ` NOTARY PUBLIC. CALIFORNIA COMM. NO. 1789146 SAN DIEGO COUNTY (Seal) MY COMM. EXP. JAN. 18, 2012 1 n re STATE OF (f~ ~~o r r~ c{ ) COUNTY OF, A~n ~z Q ) On Fe 2011, before me, ~aWN 69 ra , Notary Public, personally appeared Uo-' We) GJ who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is/afe- subscribed to the within instrument and acknowledged to me that he/44eAhey executed the same in his/4er4heir authorized capacity(ios), and that by hiss signature(,K) on the instrument the person(A), or the entity upon behalf of which the persons) 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. S t (Seal) TERMINATION AND RELEASE OF COVENANT REGARDING REAL. PROPERTY: PRIVATE IMPROVEMENTS REQUIRED AS CONDITION ON FINAL APPROVAL OF SUBDIVISION OF REAL PROPERTY 3 OFFICIAL SEAL JOYS DAWN CATO ' NOTARY PUBLIC-CALIFORNIA a :~51 so COMM. NO. 1789146 SAN DIEGO CCUNTY .,,.,My-COMM. EXP. JAN. 18, 2012 5856 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of D1' t? S U Or ?-D/ / before me, ~i A1,0A "ll-LOU y2 .t~y T h' y PU c3 c,' ate Here Insert Name and Title of tfie Officer personally appeared elk--Z-Ee Z'IO7;q -708LE,5 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s is re subscribed to the within instrument and acknowledged t me that Pcorized he/they executed the same in RANDA GAIL MILLJOUR his er/their capacity(ies), and that by Commission #1916144 < is er/their signature(s) on the instrument the Notary Public - California person(s), or the entity upon behalf of which the San Diego County A person(s) acted, executed the instrument. My Commission Exp. Jan. 6, 201 ~uj 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. Document Date: Signer(s) Other Than Named Above: _ Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer- Title(s): ❑ Individual ❑ Partner- ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing Number of Pages: Top of thumb here Signer's Name: ❑ Corporate Officer - Title(s): ❑ Individual ❑ Partner - ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing Signature: Place Notary Seal Above 9i lure of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: - -11 i~cu~ - I .vraiy nswcmrwrI • rvauonauvotary.org • 1-tsuu-u:~ NU i AmY (1-61JU-Sf(5-6827) Item #5907