HomeMy WebLinkAboutT-5228 - Agreement/Covenant - 2/15/2005 (5) When Recorded Mail To:
City Clerk
City of Fresno
p 2600 Fresno Street
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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 FIVE PERCENT OPEN SPACE REQUIRED BY THE
ROOSEVELT COMMUNITY PLAN FOR FINAL MAP NO. 5135 PHASE VI OF
VESTING TENTATIVE TRACT NO. 4570.
Release of Covenant
Final Tract No. 5135
Page 2
WHEREAS, Donna Lee Walzer, Douglas Vaughn Poochigian and Donald Vaughn Poochigian,
entered into a covenant to provide the five percent open space required by the Roosevelt Community Plan
for Final Map No. 5135, Phase VI of Vesting Tentative Tract No. 4570, recorded on February 9, 2004 as
Document No. 2004-0030320 of Official Records of Fresno County, hereinafter referred to as the
"Covenant;" and
WHEREAS,the property affected by said Covenant is generally described in the attached Exhibit A.
WHEREAS, the Director of the Public Works Department and the Director of the Planning and
Development Department have 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
Final Tract No. 5135
Page 3
DATED: //^/-0
CITY OF FRESNO
a Municipal Corporation
By: _4.vdm
l . Yovino, Director Planning and
D7lopment Department
APPROVED AS TO FORM:
HILDA CANTU MONTOY
City Attorney
By
Deputy
KAMaster Files - 2003\'REZONE\R-03-048-T-5228-C-03-250-S.
Fowler at California-DM\RELEASE OF COVENAN1'.wpd
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
On November 16, 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
By
DEPUTY
KAMaster Files-2003\'REZONE\R-03-M-T-5228-C-03-250-S.Fowler at Califomia-DM\RELEASE OF COVENANT.wpd
Exhibit A
LEGAL DESCRIPTION
2.36 ACRES WITHIN TENTATIVE TRACT 5228
That portion of the North Half of the Northeast Quarter of Section 16, Township 14
South, Range 21 East, Mount Diablo Base and Meridian described as follows:
BEGINNING at a point on the South line of said North Half, a distance of 37.00 feet
West of the Southeast corner of said North Half; thence North 89°47'50" West, along
said South line, a distance of 830.00 feet; thence North 0'12'10" East, a distance of
123.86 feet; thence South 89°47'50" East, parallel with said South line, a distance of
830.00 feet; thence South 0112'10" South line, a distance of 830.00 feet; thence South
0°12'10" West, a distance of 123.86 feet to the Point of Beginning.