HomeMy WebLinkAboutT-5141 - Agreement/Covenant - 8/2/2005 (4) When Recorded Mail To:
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City Clerk j 2005,20050156001
City of Fresno
2600 Fresno Street
cm Fresno, California 93721-3603
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CITY OF FRESNO
Planning and Development Department
Building & Safety Services Division
RELEASE OF STATEMENT OF COVENANTS AFFECTING LAND
DEVELOPMENT FOR TEMPORARY STORM DRAINAGE FACILITIES
FOR TRACT NOS. 43579 4951 AND 5006.
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Release of Covenant
Tract Nos. 4357, 4951 and 5006
Temporary Storm Drainage Facilities
Page 2
WHEREAS, Leslie P. Busick; Trustee of that Certain Trust Agreement, dated June 11,
1974, entered into a covenant providing for Temporary Storm Drainage Facilities, dated October
3, 1997 and recorded on October 16, 1997 as Instrument No. 97137472 of Official Records of
Fresno County, hereinafter referred to as the "Covenant;" and
WHEREAS,Central Pacific Builders, Inc.,a California Corporation,entered into a covenant
providing for Temporary Storm Drainage Facilities, dated December 19, 2000 and recorded on
December 29, 2000 as Instrument No. 2000-159745 of Official Records of Fresno County,
hereinafter referred to as the "Covenant;" and
WHEREAS, Busick Properties, entered into a covenant providing for Temporary Storm
Drainage Facilities, dated October 17, 2001 and recorded on October 22, 2001 as Instrument No.
2001-154366 of Official Records of Fresno County, hereinafter referred to as the"Covenant;"and
WHEREAS, the property affected by said Covenant is generally described in Exhibit A.
WHEREAS, the Director of the Public Works 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.
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Release of Covenant
Tract Nos. 4357, 4951 and 5006
Temporary Storm Drainage Facilities
Page 3
DATED: /�Z�/ 2arrf
CITY OF FRESNO
a Municipal Corporation
DAVID D. HEALEY, Director .
Public Works Department
` - � Michael T. Kirn, Assistant Director
APPROVED AS TO FORM:
HILDA CANTU MONTOY i
City Attorney +.
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Deput
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CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
CO LINTY OF FRESNO )
CITY OF FRESNO )
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On June 29, 2005, before me, Elvia Sommerville, Deputy City Clerk, personally appeared,
Robert Andersen, Design Services Manager, known to me(or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) are subscribed to the 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(s) the person(s), or the
entity upon behalf of the City of Fresno of which the person(s) acted, executed the instrument.
WITNESS my hand and official City Seal.
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REBECCA E. KL ISCH, CMC
CITY CLERK `
By
Deputy June 29,2005,(3:29pm)
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THAT PORTION OF LOT 267 OF J.C. FORKNER FIG GARDENS SUBDIVISION NO. 3 AS
SHOWN ON THE ;OLAP THEREOF RECORDED IN VOLUME 8 OF PLATS AT PAGE 79,
FRESNO COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMINLENCING AT THE NORTHWEST CORNER OF SAID LOT 267; THENCE NORTH
89°3758" EAST, ALONG THE NORTH LINE OF SAID LOT 267 A DISTANCE'OF 103.10
FEET; THENCE LEAVING SAID NORTH LINE, SOUTH 00°22'02" EAST A DISTANCE OF
6.09 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 45340'46" EAST A
DISTANCE OF 122.10 FEET TO THE BEGINNING OF A NON-TANGENT CURVE
CONCAVE SOUTHEASTERLY WHOSE RADIUS POINT BEARS SOUTH 43°18'51" EAST
A DISTANCE OF 1340.00 FEET; THENCE SOUTHWESTERLY ALONG SAID NON
TANGENT CURVE THROUGH A CENTRAL ANGLEOF 5017'42" AN ARC DISTANCE OF
123.84 FEET; THENCE NORTH 45040'46" WEST A DISTANCE OF 122.15 FEET TO THE
BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY WHOSE .
RADIUS POINT BEARS SOUTH 48021'52" EAST A DISTANCE OF 1462.00 FEET;
THENCE NORTHEASTERLY ALONG SAID NON-TANGENT CURVE THROUGH A
CENTRAL ANGLE OF 4°51'10 AN ARC DISTANCE OF 123.83 FEET TO THE TRUE
POINT OF BEGINNING.
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That portion of Lot 327 of J.C. Forkner Fib Gardens Subdivision';No. 3, recorded in Volume 8 of Plats at Page
79, Fresno County Records,.described as follows:.
Commencing at the West Quarter Corner of Section 3, Township 13 South, Range 19 East, Mount
Diablo Base and Meridian, thence N.00032'23"E., a distance of 83.95 feet; thence N.89°27'37"W., a
distance of 30.00 feet to a point on the East line of said Lot 327'.and the True Point of Beginning; thence
N.89°27'37"W., a distance of 145.20 feet; theme N.00°32'23"E.., a distance of 285.20 feet; thence
S.89°27'37"E., a distance of 145.20 feet to a point on East line of said Lot 327; thence.S.00°32'23"W.
atong said East line, a distance of 285.20 feet to the True Point 6f Beginning.