HomeMy WebLinkAboutT-5368 - Agreement/Covenant - 2/7/2006 (6) When Recorded Mail To:
City Clerk
City of Fresno 01/11/1006 10060006888
2600 Fresno Street
Fresno, California 93721-3603
D
W
O O CITY OF FRESNO
C:) Public Works Department
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RELEASE OF STATEMENT OF COVENANTS AFFECTING LAND
DEVELOPMENT FOR TEMPORARY STREET FACILITIES
(Final Map of Tract No. 5368)
t'
Release of Covenant
Tract No. 5368
Temporary Off-site Street Facilities
Page 2
WHEREAS,FRESNO PARKS COMMUNITIES, LLC,a California Limited Liability Company,
entered into a covenant providing for temporary off-site street facilities,which recorded on October
26, 2005 as Instrument No. 20050252978 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, hereinafter
referred to as the Subject Property; and
WHEREAS, the Final Map of Tract No. 5325, recorded on October 26, 2005, required the
recording of said Covenant to provide temporary street facilities on the Subject Property to benefit
said Tract No. 5325; and
WHEREAS, the recording of said Tract No. 5325 established public street rights of way to
facilitate the continuos alignment of North Ellendale Avenue between said Tract No. 5325 and the
approved Tentative Map of Tract No. 5368; and
WHEREAS, the Final Map of Tract No. 5368, pursuant to said tentative map, is pending
approval by the City of Fresno,and when recorded,will provide continuos public street rights of way
for said Tract No. 5325 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. 5368 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
Tract No. 5368
Temporary Off-site Street Facilities
Page 3
DATED: b
CITY OF FRESNO
a Municipal Corporation
DAVID D. HEALEY, Director
Public Works Department
By:
Michael T. Kim, Assistant Director
APPROVED AS TO FORM:
HILDA CANTU MONTOY
City Attorn
By:
Deputy
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CLERK'S CERTIFICATION
STA TE OF CALIFORNIA )
CO UNTY OF FRESNO )
CITY OF FRESNO )
On January 10, 2006, before me, Elvia Sommerville, Deputy City Clerk, personally appeared,
Michael T. Kirn, Assistant Public Works Director, 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.
REBECCA E. KL iSCH, CMC
CITY CLERK
� o
By
Deputy January 10,2006(4:22pm)
,F r,
Release of Covenant
Tract No. 5368
Temporary Off-site Street Facilities
Page 5
APN: 311-032-73 (Portion)
EXHIBIT A
That portion of the North half of the Northwest quarter of the Southeast quarter of Section
15, Township 13 South, Range 19 East, Mount Diablo Base and Meridian, in the City of
Fresno, County of Fresno,State of California, being more particularly described as follows:
Commencing at the center quarter corner of said Section 15;thence South 00000'04"East,
along the West line of the Southeast quarter of said Section 15, a distance of 330.87 feet,
to the Northwest corner of the South half of the North half of the Northwest quarter of the
Southeast quarter of said Section 15; thence South 89056'36" East, along the North line
of said South half, a distance of 165.09 feet, to the True Point of Beginning; thence
South 00003'16" East, a distance of 101.00 feet; thence North 89056'36" East, along a line
parallel with and 101.00 feet South. of said North line, a distance of 82.00 feet; thence
North 00003'15"West,a distance of 101.00 feet,to said North line;thence South 89056'36"
West, along said North line, a distance of 82.00 feet, to the True Point of Beginning.