HomeMy WebLinkAboutT-5427 - Agreement/Covenant - 2/20/2007 -I
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Sty Clerk FRESNO County Recorder
City of Fresno
f600 Fresno Street Robert C, Werner
Fresno, California 93721-3603 DOC— 2007-0034872
Check Number 00667904
Tuesday, FEB 20, 2007 10:49:27
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CITY OF FRESNO
PLANNING AND DEVELOPMENT DEPARTMENT
RELEASE OF AGREEMENT FOR EARLY ISSUANCE OF MODEL
HOME BUILDING PERMITS TRACT NO. 5427
Release of Agreement
,parly Issuance of Model Home Building Permits
Tract No. 5427
Page 2
Y
RELEASE OF AGREEMENT
WHEREAS, LENNAR FRESNO INC., a California Corporation herein after referred to as the
"Developer,"without regard for number or gender., entered into an agreement requesting the issuance of
building permits to construct model homes on the Subject Property prior to the approval and recording
of the Final Map, dated October 4, 2006 and recorded on October 18, 2006 as Instrument No. 2006-
0222661 of Official Records of Fresno County, hereinafter referred to as the "Agreement;" and
WHEREAS, the property affected by said Covenant is more particularly described as follows:
Parcel A of Parcel Map No. 2004-29, in the City of Fresno, County of Fresno, State
of California, according to the map thereof recorded in Book 65 of Parcel Maps at
Pages 63 and 64, Fresno County Records.
EXCEPTING THEREFROM a one-half interest in all oil, gas, minerals and other
hydrocarbon substances in and under said land as reserved by Eula P. Niswander,
a widow, in Deed recorded February 7, 1952, in Book 3120, Page 535, of Official
Records.
and hereinafter designated and called the 'Subject Property'; and
WHEREAS, the Planning and Development Director has determined that said "Developer" has
chosen not to proceed with the provisions included in the Agreement for Early Issuance of Model Home
Building Permits and that the agreement is no longer necessary.
NOW,THEREFORE,in accordance with the provisions of said Agreement,the City of Fresno does
hereby release the Subject Property from said Agreement and that it shall be of no further force or effect.
Release of Agreement
f-arly Issuance of Model Home Building Permits
Tract No. 5427
Page 3
DATED: ZO Z�
CITY OF FRESNO
a Municipal Corporation
By:
Keith Bergthold, Acting Director
Planning and Development Department
APPROVED AS TO FORM:
JAMES C. SANCHEZ
City Attorney
By:
Deputy
CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
On February 20, 2007, before me, Erika Black, Deputy City Clerk, personally appeared Keith
Bergthold, Acting Planning and Development 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 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.
WITNESS my hand and official seal.
REBECCA E. KL ISCH
CITY CLERK
By
Deputy