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08-1104_KAISER DEVELOPMENT COMPANY_Notice of Term of Subdiv Impr AgrRECORDING REQUESTED BY: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 AND WHEN RECORDED RETURN TO: Margaret R. Monahan City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Exempt from Recording Fees: Gov.'t Code 27383 & 6103 City of San Juan Capistrano Title of Document: This Document was electronically recorded by CR South County E Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder III�IIIIUIIIIIIIIIIII�IIIIN�II���I��IIII� NO FEE 2008000544795 11:57am 11/21/08 117 91 NO3 4 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 This Space is for Recorder's Use NOTICE OF TERMINATION OF SUBDIVISION IMPROVEMENT AGREEMENT NOTICE OF TERMINATION OF SUBDIVISION IMPROVEMENT AGREEMENT THIS NOTICE OF TERMINATION OF SUBDIVISION IMPROVEMENT AGREEMENT is made as of November 4, 2008 by CITY OF SAN JUAN CAPISTRANO, a municipal corporation ("City') with reference to the following facts: A. City and Kaiser Development Company ("Developer") entered into a Subdivision Improvement Agreement ("Original SIA") regarding the property described in the legal description attached hereto as Exhibit "A" ('Real Property') dated July 7, 1987 and as amended May 2, 1989 ("First Amendment') and April 16, 1996 ("Second Amendment') collectively referred to hereinafter as ("the SIA"). The Original SIA was recorded July 13, 1987 as document number 87-397561. The First Amendment was recorded May 4, 1989 as document number 89-237888. The Second Amendment was recorded May 28, 1996 as document number 19960264701. B. The improvements required by the SIA were completed by subsequent parties in interest to the Kaiser Development and Notice of Completions for the subject work were recorded with the County of Orange, Clerk -Recorder as document nos. 1980226299 and 20000214884. C. City desires to acknowledge the termination of the SIA and remove the SIA from the real property record for APN 121-254-41; 121-240-74; 121-240-75. NOW, THEREFORE, the City hereby acknowledges that all obligations under the SIA, the First Amendment to SIA, and the Second Amendment to SIA have been met, waived, or satisfied. IN WITNESS WHEREOF, City has executed this Notice of Termination of Subdivision Improvement Agreement as of the date first above written. City of San Juan Capistrano A Municipal Corporation By: Dave Adams, City Manager 2 EXHIBIT "A" PARCEL A: THOSE PORTIONS OF PARCELS 3 AND 4 AND ALL OF PARCEL 5 OF PARCEL MAP NO. 85-306, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 223, PAGES 10, 11 AND 12 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING WITHIN PARCEL 2 OF THAT CERTAIN LOT LINE ADJUSTMENT NO. LLA94-PM 85-306-07, RECORDED NOVEMBER 2, 1994 AS INSTRUMENT NO. 94-0645156, OFFICIAL RECORDS. PARCEL B: AN EASEMENT FOR SLOPE MAINTENANCE PURPOSES AS SET FORTH IN THAT CERTAIN INSTRUMENT RECORDED APRIL 18, 1996 AS INSTRUMENT NO. 96- 0191169, OFFICIAL RECORDS. END OF LEGAL DESCRIPTION PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 118 1) On November 20, 2008, before me, Margaret R. Monahan, City Clerk, personally appeared Dave Adams, City Manager, who proved to me on the basis of satisfactory evidence to the be person whose name is subscribed to the within instrument and acknowledged to me that his signature on the instrument the person, 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. (SEAL) Capacity Claimed by Signers Officer title City Manager Signers are Representing City of San Juan Capistrano WITNESS my hand and official seal. R. Monahan, City Clerk OPTIONAL Description of Attached Document Title or Type of Document Notice of Termination of Subdivision Improvement Agreement