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HomeMy WebLinkAboutT-5294 - Agreement/Covenant - 10/2/2013 When Recorded Mail To: 1m�e� City Clerk City of Fresno 2600 Fresno Street Fresno, California 93721-3603 CITY OF FRESNO Development and Resource Management Department O U. Z O U W N a W J CL RELEASE OF STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR LANDSCAPING AND MAINTAINING AN OPEN SPACE AREA FACILITY FOR THE FINAL MAP OF TRACT NO. 5294 Release of Open Space Covenant Tract No, 5294 Page 2 WHEREAS, BEAZER HOMES HOLDING CORP., A Delaware Corporation, entered into a Covenant for landscaping and maintaining an open space area facility for Tract No. 5294, recorded on September 7, 2006 as Document No. 2006-0188483 of Official Records of Fresno County, hereinafter referred to as the "Agreement;' and WHEREAS, the Subject Property affected is more specifically described in said Covenant; and WHEREAS, the Director of the Development and Resource Management Department has determined that the terms of the Covenant for the Subject Property have been satisfied and that the continued existence and enforcement of the Covenant is no longer necessary. NOW, THEREFORE, in accordance with the provisions of the Covenant, the City of Fresno does hereby release the Subject Property from the Covenant and that it shall be of no further force or effect. DATED: CITY OF FRESNO, a Municipal Corporation Development and Resource Management Department Jennifer K. Clark, Director By: _94s-� Jen fifer . Clark, Director CLERK'S CERTIFICATION State of California) County of Fresno ) On October 2, 2013, before me, Cindy Bruer, Deputy City Clerk, personally appeared Jennifer K. Clark Director of Development and Resource Management Department of the City of Fresno who 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), acted, executed the instrument. I certify under PENALTY OR PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. YVONNE SPENCE. CMC CITY CLERK, City of Fresno f By_ ' -- �Q9'r s ` I De Mu y