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
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2008000544795 11:57am 11/21/08
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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