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HomeMy WebLinkAboutPM 1997-10 - Agreement/Covenant - 8/10/2006 (3) rWhen Recorded Mail To: `--� IIII III III I III II ii IIII IIII I i II illii I VII i it II IIII City Clerk FRESNO County Recorder City of Fresno Robert C, Werner Fresno Street Fres DDC— 2004-0117655 Fresno, California 93721-3603 Check Number 00340111 Thursday, MAY 27, 2004 11:07:32 Tt l Pd $13,00 Nbr-0001491406 emf/R5/1-5 CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT JAF: 30 East River Park Place West (PARCEL D, LLA 2000-01) PARTIAL RELEASE OF STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT DEFERRING CERTAIN SEWER CONNECTION CHARGES, WATER CONNECTION CHARGES, URBAN GROWTH MANAGEMENT FEES AND DEVELOPMENT FEES TO THE TIME OF ISSUANCE OF CERTIFICATE OF OCCUPANCY AND CREATION OF LIEN FOR PARCEL MAP NO. 97-10 Release of Covenant Fee Deferral Parcel Map No. 97-10 Page 2 PARTIAL RELEASE OF COVENANT WHEREAS, NMSBPCSLDHB, a California Limited Partnership, entered into a covenant providing for deferral of certain sewer connection charges, water connection charges, urban growth management fees and development fees,dated December 23, 1999 and recorded on December 30, 1999 as Instrument No. 1999-0186654 of Official Records of Fresno County, hereinafter referred to as the "Covenant;" and WHEREAS, the parcels subdivided pursuant to Parcel Map No. 97-10 were duly re-configured pursuant to the approval and perfection of Lot Line Adjustment No. 2000-01; and WHEREAS,the property affected by said Covenant is more particularly described in the attached Exhibit"A" incorporated herein, and hereinafter designated and called the `Subject Property'; and WHEREAS,the Planning and Development Department Director has determined that the deferred fee obligations per said Covenant for the Subject Property were fully paid on June 5, 2000. 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 Fee Deferral Parcel Map No. 97-10 Page 3 DATED: /"AV ZSZOU V CITY OF FRESNO a Municipal Corporation By; i P. Yovino, Director PI Hing and Development Department APPROVED AS TO FORM: HILDA C NTU MONTOY City At r y By 1 /111-0 '—Deputy FORM Release of Covenant v9-19-03 by:Jonb 5/12/04 EXHIBIT A Parcel D of Lot Line Adjustment No. 2000-01, as per approved application recorded March 8, 2000 as Document No. 2000-0027246, Official Records, in the City of Fresno, County of Fresno, State of California, being more particularly described as follows: That portion of Parcel A, C, D and E of Parcel Map 97-10, as per map recorded December 30, 1999 in Book 60, Pages 22 and 23 of Parcel Maps, Fresno County Records, described as follows: Commencing at the most Southerly corner of said Parcel C, said point on the South line of said Parcel C being a curve concave to the Northwest with a radius of 2500.00 feet, the radial at said point bears South 440 19' 59" East, thence Northeasterly along said curve through a central angle of 01 033' 09" at an arc distance of 67.74 feet, thence North 450 53' 08" West, a distance of 154.67 feet to the TRUE POINT OF BEGINNING. Thence North 450 53' 08" West, a distance of 294.49 feet; Thence South 90° 00' 00" West, a distance of 446.42 feet; Thence South 760 36' 59" West, a distance of 105.81 feet; Thence South 13" 23' 01 East, along the West line of said Parcel A, a distance of 76.53 feet to the beginning of a tangent curve convex to the West , along the West line of said Parcel A, and E, having a radius of 2612.65 feet; Thence Southeasterly along said curve through a central angle of 03° 22' 34" and arc distance of 153.95 feet; Thence North 73° 05' 32" East, a distance of 66.42 feet; Thence South 16° 54' 26" East, a distance of 54.74 feet; Thence North 900 00' 00" East, a distance of 462.11 feet; Thence North 000 00' 00" East, a distance of 19.00 feet; Thence North 900 00' 00" East, a distance of 106.43 feet; Thence North 440 10' 28" East, a distance of 78.97 feet to the TRUE POINT OF BEGINNING. r CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) On May 26, 2004 before me, Elvia Sommerville 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, CMC CITY CLERK 6 13y2� ci ti�c�titi2eEc DEPUTY q,