HomeMy WebLinkAboutT-5313 - Agreement/Covenant - 6/6/2011 When Recorded Mail To:
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W City Clerk 04/05/2011,20110046942
zCity of Fresno
02600 Fresno Street
Fresno, California 93721-3603
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CITY OF FRESNO
Development & Resource Management Department
RELEASE OF STATEMENT OF COVENANTS AFFECTING LAND
DEVELOPMENT DEFERRING CERTAIN SEWER CONNECTION
CHARGES, WATER CONNECTION CHARGES, URBAN GROWTH
MANAGEMENT FEES, CITYWIDE FEES AND DEVELOPMENT
FEES TO THE TIME OF ISSUANCE OF CERTIFICATE OF
OCCUPANCY AND CREATION OF LIEN FOR THE FINAL MAP OF
TRACT NO. 5313 (AFFECTS ONLY LOT 68)
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RECITALS
WHEREAS, Beazer Homes Holdings Corporation, a Delaware Corporation, entered
into a Statement of Covenant providing for the deferral of certain sewer connection charges,
water connection charges, urban growth management fees, city-wide fees and development
fees to the time of issuance of certificate of occupancy and creation of lien for the Final Map of
Tract No. 5374 and the Final Map of Tract No. 5313, dated 4-5-06 and recorded on April 18,
2006 as Document No.2006-0081178 of Official Records of Fresno County,hereinafter referred
to as the"Statement of Covenant;"and
WHEREAS,the"Subject Property"affected is Lot 68 of the Final Map of Tract No.5313
according to the map thereof recorded on April 18, 2006 in Volume 75 of Plats, Pages 19 and
20,Fresno County Records;and
WHEREAS,the Director of the Development&Resource Management Department has
determined that the terms of the Statement of Covenant for the Subject Property has been
satisfied and that the continued existence and enforcement of the Statement of Covenant for the
Subject Property is no longer necessary.
NOW, THEREFORE, in accordance with the provisions of the Statement of Covenant,
the City of Fresno does hereby release the Subject Property from the Statement of Covenant
and that it shall be of no further force or effect.
DATED: '3-30`tl
CITY OF FRESNO
a Municipal Corporation .
JOHN M.DUGAN,AICP,Director
Development & Resource Management
Department
/
By:
(,John M.Dugan)Director
APPROVED AS TO FORM:
JAMES C.SANCHEZ
City Attorney
By:
nnon fin,Deputy City Attorney
3
Date: ��11
CLERK'S CERTIFICATION
State of California )
County of Fresno )
On March 30,2011 before me, Sherrie L.Badertscher,Deputy City Clerk,personally appeared,
John M.Dugan,Director,Development&Resource Management Department,who proved to
me on the basis of satisfactory evidence,to be the person(s)whose name(s)is/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 the
person(s),or the entity upon behalf of which the person(s)acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal
REBECCA E.KLISCH,CMC
City Clerk,City of Fresno
By
Deput