1997-509314 -aCAGO TITLE
RECORDING REQUESTED BY
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California Traditions, Inc.
12526 High Bluff Drive, Suite 100
San Diego, CA 92130
AND WHEN RECORDED MAIL TO: IIIIIIIIIIIIIIII
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_ III IIIIIIIIIIIII
9 , IIIIIIIIII
City Clerk, City of Encinitas
505 S. Vulcan Ave.
Encinitas, CA 92024
SPACE ABOVE FOR RECORDER'S USE ONLY
RELEASE OF DEVELOPMENT AGREEMENT
This release of Development Agreement is executed by the City of Encinitas
("City") with reference to the following facts:
A. The City and certain other parties have entered into that certain Development
Agreement adopted by the City Council of the City on September 28, 1994 and
recorded on December 14, 1994 in the Official Records of the Office of the County
Recorder of San Diego County as Document Number 1994-0713677 ("Development
Agreement").
B. The Development Agreement encumbers certain real property in the City of
Encinitas, California, described in the Development Agreement. The Development
Agreement provides that individual residential lots shall be released from the
encumbrance of the Development Agreement upon the City's receipt of a certificate of
completion of improvements for a lot.
C. The City wishes to release real property described herein, commonly known as
San Diego County Assessor's Parcel No. 257-510-02, Encinitas, California, more
particularly described on Exhibit A attached hereto and incorporated herein by this
reference (the "Released Property"), from the encumbrance of the Development
Agreement.
NOW THEREFORE, the City hereby agrees as follows:
1. The improvements on the Released Property have been
completed, and the Released Property is hereby released from any and all of the
rights and obligations of the Development Agreement other than land use (and
affordable housing, if relevant to released unit) such that the Released Property
shall hereafter be held, leased, encumbered, sold and/or conveyed free and clear
of any and all limitations, restrictions, covenants or conditions, easements,
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rights, benefits or obligations set forth in the Development Agreement except
for land use restrictions.
IN WITNESS WHEREOF, this Release of Development Agreement has been
executed as of October 10, 1997.
The City of Encinitas
By-r�
Bill Weedman, City Planner
1130
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
On October 10, 1997, before me, Leona V. Kauflin, Notary Public, appeared Bill Weedman,
proved to me on the basis of satisfactory evidence to be the person whose name is subscribed
to the within instrument and acknowledged to me that he executed the same in his authorized
capacity, and that by his signature on the instrument, the person, or the entity upon behalf of
which the person acted,executed the instrument.
.., WITNESS my hand and official seal.
• Leona V. Kaut'm
•�w Comm.#1044127
NOTARY PUBLIC-CALIF
SAN DIEGO COUNly
hMr Comm.Exp Nov.3.1998
Leona V. Kauflin,Notary Public
G:\PL-95IACK-WEED
. 131
EXHIBIT A TO THE RELEASE OF DEVELOPMENT AGREEMENT
The Released Property
Units 20 through 29, inclusive, of the "Mendocino at Encinitas Ranch Phase I
Condominium Plan", recorded in the Office of the County Recorder of San Diego
County on November 5, 1996 as File # 1996-0559740 of Official Records, said Units
being located within Lot 2 of Map No. 13365, filed in the Office of the County
Recorder of San Diego County on October 24, 1996.