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HomeMy WebLinkAboutPM 2002-28 - Agreement/Covenant - 3/30/2005 (2) When Recorded Mail To: City Clerk City of Fresno 2600 Fresno Street Fresno, California 93721-3603 0 1211112004,20040282866 U z 0 0 W Q CITY OF FRESNO W PLANNING AND DEVELOPMENT DEPARTMENT CL Current Planing Division RELEASE OF STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR REZONE APPLICATION NO. R-01-026 Release of Covenant Rezone Application No. R-01-026 Page 2 WHEREAS,the following named property owners:Arthur Bolanos, Lester Henkel,and Eugene W. Parrish Jr. and Diana L. Parrish, entered into a covenant affecting land development for a day care facility, development shall occur in substantial accordance with the development plan in accordance with the Fresno Municipal Code which includes twenty foot landscape setbacks along East Alluvial and North Maple Avenues, and the construction of a six foot masonry wall along the west and south property lines, dated May 26, 1988, and recorded on June 20, 1988 as Instrument No. 88066443 of Official Records of Fresno County, hereinafter referred to as the "Covenant;" and WHEREAS, the property affected by said Covenant is generally described as the North 3/5th of the East quarter of Lot 13 of Perrin Colony No. 2, according to the map thereof recorded in Book 4, Page 68 of Plats, Fresno County Records; and, WHEREAS, the Director of the Planning and Development Department has determined that the terms of the said Covenant have been satisfied and that the continued existence and enforcement of said Covenant are no longer necessary pursuant to Rezone Application No. R-01-026 which removed the conditions of zoning affecting land development. NOW, THEREFORE, in accordance with the provisions of said Covenant, the City of Fresno does hereby release the Subject Property from said Covenant and that it shall be of no further force or effect. Release of Covenant Rezone Application No. R-01-026 Page 3 DATED: CITY OF FRESNO a Municipal Corporation By: -441 is . Yovino, Director Planning and Dev pment Department APPROVED AS TO FORM: HILDA CANTU MONTOY City Att ey By Deputy KAMaster Files-2001\'Rezone\R-01-026\Release of Covenant.wpd CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) On Le &E4 10,, 2004 before me, 11-7 1 1 -'rl LI YA personally appeared, Nick P.Yovino, Planning and Development Department Director, personally known to me(or 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 the City of Fresno which the person acted, executed the instrument. WITNESS my hand and official city seal. REBECCA E. KLISCH, CIVIC CITY CLERK By r Lj&6-1y(j FORM Release of Covenant v9-19-03 by:John Doe 9119/03