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2020-76528 DOC# 2020-0076528 III I IIII III I III I IIII IIII I IIII III I IIIII IIIII I III IIIII IIII IIII FREE RECORDING REQUESTED PURSUANT TO GOV. CODE SECTION Feb 14, 2020 09:14 AM 27383 OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER Recording Requested By: FEES: $23.00 (SB2 Atkins: $0.00) PAGES: 4 City of Encinitas Development Services Department 505 S. Vulcan Avenue Encinitas, CA 92024 And When Recorded Mail To: City of Encinitas City Clerk's Office 505 S.-Vulcan Avenue Encinitas, CA 92024 With a Copy To: Shea Homes 9990 Mesa Rim Road, Suite 200 San Diego, CA 92121-3933. Attn: John Vance AMENDMENT AND RELEASE OF AGREEMENT THIS AMENDMENT AND RELEASE OF AGREEMENT .(hereafter "AMENDMENT") -is made and entered into and is effective as of this 19+11 day of]ar),AcLrv�, 2.o2y by and between the City of Encinitas, a municipal corporation (hereinafter "CITY"), and Shea Homes Limited Partnership;.a California limited partnership (hereinafter the "OWNER"). RECITALS Whereas, Owner and City desire to release that certain Affordable Housing Agreement recorded as Document No. 2019-0215213 in the Official Records of the San Diego County Recorder on June 4, 2019 (hereinafter the "HOUSING. AGREEMENT") from the real property set forth in Exhibit A ("RELEASED PROPERTY") and Whereas, the CITY or any successor public agency is the proper party under the HOUSING AGREEMENT to waive, relinquish, release or modify the rights, covenants, obligations or restrictions contained in or arising under the HOUSING AGREEMENT. NOW, THEREFORE, the parties hereto agree as follows: The CITY and OWNER hereby releases the RELEASED PROPERTY from the HOUSING AGREEMENT, and upon the recordation of this RELEASE, the HOUSING AGREEMENT shall be of no further force or effect on the RELEASED PROPERTY. OWNER 4834-5238-6711,v. 2 Shea Homes Limited Partnership, a California limited partnership By. Date: 1 /q Paul Barnes, VIde President B � Da e: IL7 i ./ G Y t Sohn B. Vance, Authorized Agent CITY City of Encinitas, a municipal corporation By:.- �-� Date: Ao a c> Karen P. Brust City Manager 2 4834-5238-6711,v.2 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County ofM ) On 201a b re me, �PrV �u/kS a Notary Public, personally appeared nay 8,Vomee njyA �aa' I f�ftP_NC-S, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) t5/are subscribed to the within instrument and acknowledged to me that /they executed the same in her/their authorized capacity(ies), and that by�r/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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. PATTYRN,4S Oominission Commission No.2130542 z z NOTARY PUBLIC-CALIFORNIA m SAN DIEGO COUNTY Expires November 13,.2019 Signature L A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Ca� ornia ) County of CAXIN On G l O q before a Notary Public, personally appeared I-V-NOA--�e— C1. who proved to me bn4fie basis of satisfactory evidence to be the person(s) whose name(s) 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. 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. DEANA GAY COMM.#2206986 Signature SAN DIEGO COUNTY NOTARY PUBLIC-CALIFORNIAZ . h/ MY COMMISSION EXPIRES AUGUST 23,2021 3 4834-5238-6711,v.2 EXHIBIT A LEGAL DESCRIPTION OF THE RELEASED PROPERTY Lots 1 through 12, inclusive, and Lot A of City of Encinitas Tentative Map No. 14-069, in the City of Encinitas, County of San Diego, State of California, according to Map thereof.No. 16347, filed in the Office of the County Recorder of San Diego County, California, June 7, 2019 Exhibit A 4834-5238-6711,v.2