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Home My WebLink AboutPM 2005-30 - Agreement/Covenant - 8/15/2007 (4) When Recorded Mail To: Illi��III�III ll II 1111111 IN III III I IIII 111111111 FRESNO County Recorder Robert C. Werner City Clerk DOC— 2007-0126624 City of Fresno Acct 4-Fidelity National Title Company 2600 Fresno Street Friday, JUN 29, 2007 08:00:00 Fresno, California 93721-3603 Ttl Pd $13.00 Nbr-0002543433 CITY OF FRESNO RGR/R4/1-7 Planning and Development Department Project ID: Parcel Map No. 2005-30 RELEASE OF STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR PARCEL MAP NO. 2005-30 Release of Covenant Parcel Map No. 2005-30 January 8, 2007 Recitals WHEREAS, Rancho Huevo Crema,dated April 27, 1987, entered into a covenant providing to hold the property as one parcel, recorded on April 27, 1987, as Instrument No. 87050628 of Official Records of Fresno County, hereinafter referred to as the "Covenant;"and WHEREAS, said Covenant is attached as Exhibit A; and WHEREAS, the property affected is more specifically described in said Exhibit A; 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. 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 Parcel Map No. 2005-30 January 8, 2007 DATED: r2 2 • O 7 CITY OF FRESNO a Municipal Corporation NICK P. YOVINO, Director Planning and Development Department By.' k'e t'f h 3erc+kold APPROVED AS TO FORM: JAMES C. SANCHEZ City Attorney By. Deputy ' J Exhibit A 87050628 on RECORDED IN OFFICIAL RECOR OF FRESNO COUNTY,CALIFORNI . AT r IN. VAST I � 44Recording requestod by p R 2 7 198 7 City Clerk,Fresno,COWOMie 0 No Fse-Govt Cods 4103 C Return to City Clerk,Fresno GAUN LAUGH, ►Ee Z 0 -------------------ABOVE SPACE FOR RECORDER'S USE-------------------- 0 Lot Line Adjustment No. 20-86 Development Department v City of Fresno M C O V E N A N T O TO HOLD PROPERTY AS ONE PARCEL n 0 WHEREAS, the undersigned, Rancho Huevo Crema, hereby represents and warrants that they are the record owners of the following described real property situated in the City of Fresno. County of Freanu. SLdLe of Cd111UL111a: Lots 748 and 749 of BULLARD LANDS IRRIGATED SUBDIVISION NO. 6, recorded in Volume 9, page 25 of Plats, Fresno County Records. EXCEPTING THEREFROM that portion of Lot 749 of said BULLARD LANDS IRRIGATED SUBDIVISION NO. 6, described as follows: BEGINNING at a point on the West line of said Lot 749, a distance of 1004.43 feet North of the Southwest corner of Lot 768 of said BULLARD LANDS IRRIGATED SUBDIVISION NO. 6; thence North 01 38' 36" East, along the West line of said Lot 749, a distance of 378.53 feet to the Northwest corner of said Lot 749; thence North 89' 59' 55" East, along the North line of said Lot 749, a distance of 159.05 feet; thence South 28" 56' 55" West, a distance of 60.53 feet to the intersection with a tangent curve, concave to the Southeast; thence Southwesterly along said curve, having a radius of 1,537.00 feet, through a central angle of 13' 09' 0811, an arc distance of 352.82 feet to the Point of Beginning. ALSO EXCEPTING THEREFROM an undivided one-half interest in all oil, gas and other hydrocarbons and minerals now or at any time situated in, on or under said real property as reserved by Iola Mae Liddell, et al, in Deed recorded May 19, 1969, in Book 5688 page 59 of Official Records, Document Nc . 34448. WHEREAS, Articles 1-4.5 of Chapter 12 of the Fresno Municipal Code prescribe certain yard setback requirements within each zone district for parcels or lots of real property; and WHEREAS, an application for special permit has been filed with the City of Fresno which proposes one or more buildings on the N subject property which cross over real property or parcel lines and are subject to the Fresno Municipal Code and Uniform Building Code provisions noted above at those real property or parcel lines; and r 87050628 � z are subject to the Fresno Municipal Code provisions noted above at those real property or parcel lines; and C WHEREAS, the undersigned desire to develop said property without rn the requirements indicated above and request that the City of Fresno n O S issue all necessary permits to allow such development. ' O m NOW. THEREFORE, in consideration of the premises, the tlo:_�n undersigned covenant and agree: 1. To hold above said property as one parcel, division thereof not to be sold or transferred into separate ownership unless all rn property and building development standards are met and any •%t necessary parcel map or subdivision map approvals are obtained. When such land divisions are approved by the City of Fresno, the i City shall cause the appropriate officer of the City to release said property from this covenant. 2. Whenever the context hereof requires, the neuter shall include the masculine or feminine, or both, and the singular shall ! � r include the plural. It is the intention hereof that this shall constitute a covenant running with the land owned by the nj undersigned, jointly and severally binding upon the undersigned and each of (their/his/hers/its) heirs, representatives, successors and assigns: DATED: Accepted By: COVENANTOR CITY OF FRESNO RANCHO HUEVO CREMA A Municipal Corporation SISKIN RANCHOS, INC. *, / General Partner Sy George X. Kerber, Director Development Department Mar711 I. , Pr si ent ATTEST: JACQUELINE L. RYb;! r' City Clerk. rtin Mr/Schultz, )General Partner By Da ut • APPROVED ASO FORM: C. WILLIAM BREWER r" Acting ity A or e By ep ty (Attach Notary Acknowledgment) { MLB:en Cn o —PARTNERSHIP ACKNOWLEDGMENT p/�D��/��I�• S1 l rl'P� �� • Fs"t et - 1d:ate of CALIFORNIA Onihisthe�_dayof nPrFM8ER 19�beloreme, \ Q County of LOS ANGELES P.T.TZARP.TH P_ KTRRY _ the undersigned Nota ryPublic,personally appeared MARTIN M. SCHULTZ ; 0 EL UBIETM P K1OFFLRBY :X personally known to me NPTl Celievidence ` • LOS ANGELES COUNTY Proved to me on the basis of satisfactory I Nov 194 to be the person(s)who executed the within Instrument on behalf of the T partnership,and acknowledged tome that the partnership executed It 1 WITNESS my hand and official seal. . Let, y 1 Notary's S nature + h�X22 NATIONAL NOTARY ASSOCIAWN•M2 V• —U"•PO IM•as•YTOoaAM N6•CA"350 i ) CORPORATE ACKNOWLEDGMENT No=1 ��•ate• ^2�:r�yrvrr��r�s��..._..�_�..._Xi?� ri.+'_y===:�_��.+�.�>r 1.+t�riri+Grr.+r r� ' f i State of -CALIFORNIA On this the 15_ dey of December tg 8 6,before me, LOS ANGELES - X Countyol �d the undersigned Notary Public,personally appeared \ b8$SHAI.i. L� STSKTN - --- \ K personally known to me OFFICIAL SEAL proved to me on the basis of sallsfaclory evidence ELIZABETH P.KIRBY lobe the person1s)who executed the within instrument as \ Notary PLdlb-wlltomu PRESIDENT or on behalf Ot the COrporallon therein LOS ANGELES COUNTY _._-. j \ - ur eonm Ev No. 30 1990 named,and acknowledged to me that the corporation executed it ` 11 \ vvi T NESS my hand mid of li al aaol 1 Notary lgnature 4+ \.,,. .:�...r,+,.,+rrr-•r.+.<r•rrrr�+.+.+rrrrrr.:�r.Ge.•rte+i+1.r.+rrtt<•tcrs.•rrrrtdrrturd.+rrrr�+rrrrrfrrrrrrr.+�r,� � • 1 291n+ NATIONAL NOTARY AaiOCIAnoN•130i 1 V"16'a Qno r o go,4625 .Wwand ro.,CA 91365 4626 ' 7C1 +7 .I CLERK'S CERTIFICATION State of California) County of Fresno) On June 14, 2007, before me, Sherrie L. Badertscher, Deputy City Clerk, personally appeared, Keith Bergthold, Assistant Planning and Development Department Director signing on behalf of 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(s) whose name(s) is/are subscribed to be 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. WITNESS my hand and official seal. REBECCA E. KLISCH CITY CLERK, CMC By ILLItc Deputy