HomeMy WebLinkAboutT-5283 - Agreement/Covenant - 10/10/2006 i `
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FRESNO County Recorder
Robert C. Werner
City Clerk
City of Fresno DOC— 2006-0179659
Cheek Number 524050
Fresno, California 93721-3603 Fresno Street Friday, AUG 25, 2006 14:26:55
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Tt 1 Pd $13.00 Nbr-0002276683
APR/R1/1-6
CITY OF FRESNO
Public Works Department
RELEASE OF STATEMENT OF COVENANTS AFFECTING LAND
DEVELOPMENT FOR TEMPORARY STREET FACILITIES
(Final Map of Tract No. 5283)
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When Recorded Mail To:
City Clerk
City of Fresno 0812512006 20060179659
2600 Fresno Street
Fresno, California 93721-3603
CITY OF FRESNO
2 Public Works Department
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RELEASE OF STATEMENT OF COVENANTS AFFECTING LAND
DEVELOPMENT FOR TEMPORARY STREET FACILITIES
(Final Map of Tract No. 5283)
Release of Covenant
Tract No. 5283
Temporary Off-site Street Facilities
Page 2
WHEREAS, LENNAR FRESNO, INC., a California Corporation, entered into a covenant
providing for temporary off-site street facilities, which recorded on March 23, 2006 as Instrument
No.2006-0059696 of Official Records of Fresno County, hereinafter referred to as the"Covenant;"
and
WHEREAS, the property affected by said Covenant is described in Exhibit A and Exhibit
B, hereinafter referred to as the Subject Property; and
WHEREAS, the Final Map of Tract No. 5196, recorded on March 23, 2006, required the
recording of said Covenant to provide temporary street facilities on the Subject Property to benefit
said Tract No. 5196; and
WHEREAS, the recording of said Tract No. 5196 established public street rights of way to
facilitate the continuous alignment of East Montecito Avenue between said Tract No. 5196 and the
approved Tentative Map of Tract No. 5283; and
WHEREAS, the Final Map of Tract No. 5283, pursuant to said tentative map, is pending
approval by the City of Fresno, and when recorded, will provide continuous public street rights of
way for said Tract No. 5196 and will replace the purpose for the Subject Property; and
WHEREAS, the Director of the Public Works Department has determined that the terms
of said Covenant will be satisfied with the recording of the final map of said Tract No. 5283 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.
MT77
Release of Covenant
Tract No. 5283
Temporary Off-site Street Facilities
Page 3
DATED: O V 2 2/,06,
CITY OF FRESNO
a Municipal Corporation
.1otJ RtAlz 14exim
, Director
Public Works Department
By: `7//� K1,t.ta�
Michael T. Kim, Assistant Director
JAMES C. SANCHEZ
City Attorney
By:
Deputy
EXHIBIT"A"
LEGAL DESCRIPTION
TEMPORARY TURN-AROUND
COMMENCING AT THE NORTH QUARTER CORNER OF SECTION 10 TOWNSHIP 14
SOUTH, RANGE 21 EAST,MOUNT DIABLO BASE AND MERIDIAN, IN THE COUNTY
OF FRESNO, IN THE STATE OF CALIFORNIA,ACCORDING TO THE OFFICAL PLAT
THEREOF;THENCE NORTH 89°49'00"EAST A DISTANCE OF 659.72 FEET;THENCE
SOUTH 00010'54"EAST A DISTANCE OF 689.92 FEET,TO THE TRUE POINT OF
BEGINNING;THENCE SOUTH 00'10'54" EAST ALONG A DISTANCE OF 36.00 FEET;
THENCE SOUTHEASTERLY ALONG THE ARC OF A NON TANGENT CURVE
CONCAVE SOUTHWESTERLY WITH CENTER POINT BEARING SOUTH 00°10'54" EAST
A RADIUS OF 55.00 FEET,THROUGH A CENTRAL ANGLE OF 39°47'16" AN ARC
LENGTH OF 38.19 FEET;THENCE SOUTHEASTERLY ALONG THE ARC OF A
REVERSE CURVE CONCAVE WESTERLY WITH CENTER POINT BEARING NORTH
39036'22"EAST A RADIUS OF 40.00 FEET,THROUGH A CENTRAL ANGLE OF
25903432"AN ARC LENGTH OF 181.22 FEET;THENCE SOUTHWESTERLY ALONG THE
ARC OF A REVERSE CURVE CONCAVE NORTHWESTERLY WITH CENTER POINT
BEARING NORTH 39058'10"WEST A RADIUS OF 55.00 FEET,THROUGH A CENTRAL
ANGLE OF 39047'16" AN ARC LENGTH OF 38.19 FEET TO THE TRUE POINT OF
BEGINNING.
FD BCM 2", ACCEPTED
AS N 1/4 CORNER SEC
10-14/21, CR X14470
EAST KINGS CANYON ROAD (STATE ROUTE 180)
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659.72' N89'49'00'E--------------_�--------
— QROFESS/ON
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I2 No. 30501
Exp. 3/31/06
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I N c I P W Os ►- R=55.00'
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EAST MOWMaTV AVENUE TRUE POINT OF BEGINNING
I N �_ — — — _
I NOO-10'54"W 36.00'
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I M (0 m (OD m m (OD n R-55. 0'
I I R=55.00'
II L-38.19'
LEGEND
® SCALE: 1" 120'
AREA OF COVENANT
SECTION UNE EXHIBIT
0 60 120 240
- - - -- - 221322
REF. do REV. CITY O F FRESNO PRODFUND. Q.
NO.
PW FILE No. DEPT. OF PUBLIC WORKS ORG. NO.
PUT NO. COVENANT FOR DR. BY: SHEET No.
2005- TEMPORARY OFF-SITE CH. BY
OF SHEETS
15—C— STREET FACILITIES FOR DATE
TRACT No. 5196 scALE As NOTED 15—A-
04-286...04286EX.DWG...B-23-05
CLERK'S CERTIFICATION
State of California)
County of Fresno)
On August 24. 2006, before me, Elvia Sommerville, Deputy City Clerk, personally
appeared, Michael T. (M.T.)Kirn.Assistant Public Works 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
Deputy