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HomeMy WebLinkAboutT-5649 - Agreement/Covenant - 2/28/2008 When Recorded Mail To: City clerk 021271�008,2�080078644 City of Fresno 2600 Fresno Street Fresno, California 93721-3603 CITY OF FRESNO at Planning and Development Department O LL z O U Uj W t!� d e.4 CL RELEASE OF DEED AND COVENANT (SLOPE EASEMENT) ` Release of Deed and Covenant (Slope Easement) Page 2 WHEREAS, Parr Fig Garden Development, a California Corporation and Alton Taves, entered into a deed and covenant providing a slope easement, dated April 12, 1985 and recorded on April 15, 1985 as Instrument No. 85036304 of Official Records of Fresno County, hereinafter referred to as the "Covenant;" and WHEREAS, said Covenant is attached as Exhibit A; and WHEREAS, the property affected is more specifically described in said Exhibit; and WHEREAS, the Final Map of Tract No. 3647 and the Final Map of Tract No. 5649 have since recorded over the property affected; and WHEREAS,the Director of the Planning and Development Department has determined that the terms of the said Covenant have been satisfied 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. DATED: 2G l=E(3RUARY 2004' CITY OF FRESNO a Municipal Corporation Planning and Development Department Nick P. Yovino, Director By: I! Keith Bergthold, Ass tant Director JAMES C. SANCHEZ City Attorney ZBy: 1 John W. Fox Deputy City Attorney Date: CLERK'S CERTIFICATION State of California ) County of Fresno ) On February 27, 2008, before me, Elvia Sommerville, Deputy City Clerk, City of Fresno, personally appeared, Keith Bergthold, Assistant Planning and Development Director, 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) 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, CIVIC City Clerk, City of Fresno By Deputy L ).r.rr_..r.r�.• www+_. •r_.....•w.w+...— "n 1 '...ITTTNNSr/11f""1 ,''•^^r Y/ I arconrrn If! Off iCl� /,1;FlfrGi DS OP S /fi C:hlJ -OU'ITY, IALIPOlif11A, 0 I P c7J036304 n AL....,�.5/.MW, rST.,.,3,. ....M Ao�rdrraPo^,uontndlly IBNR 151985 0 Ilv I ao•CarL code 4103 G -w• Holum to MY a/wk,fte" aAWN LARlofl,' IAC r -----------------ABOVE SPACE; FOR RECORDER'S USE--------- ; _..________ � :l mI Development Depar"accnL 0 City of Fresno 0 . DEED AND COVENANT � to ; (Shope Easement) - --n. ,n r WHEREAS, Parr-Fig Garden Development, a California corporation, n t !t1 I hereby represents and warrants that it is the record owner of the Y following described real property situated in the City of Fresno, County of Fresno, State of California: I I Lot 1010 0° BULLARD LANDS IRRIGATED SUBDIVISION NO. 6, according I r. i i to a map thereof recorded in Book 8, page 25 of Plats, Fresno i i County Records. 1 3 i s. which property is hereinafter called "Parcel A"; and t 1 WHEREAS, Alton Taves hereby represents and warrants that it is � ;:he record owner ofthe following described real property situated in 1 the City of Fresno, County of Fresno, State of California: Lot 1C09 of BULLARD LANDS IRRIGATED SUBDIVISION NO. 6, according i to a map thereof recorded in Book S, page 25 of Plats-, Fresno r County Records. s 1 which property is hereinafter called "Parcel B"j and Parcel A and Parcel B shall be hereinafter collectively referred to as the ' ` "Subject Property"; and R WHEREAS, in order to assure adequate-drainage pursuant to the f Fresno Municipal Code, and I"- lieu of constructing a retaining wall, the owner of Parcel A has constructed or desires to construct on said property gracing and filling in such a manner that a portion of s the grading,and filling will extend onto Parcel B; .and J i as I co yip =i NOW A y ,•. •. a. h:9 c%,.-.�w,kNermGY.an,lls a»xr �.- --•--�•,r — �u a 7—e .n 8�'03634W 0 W11PNIOA13, Che City of Fresno requires that Lhere be. provided and 0 - maintained in connection with each of said parcels adequate and z sufficient grading to satisfy the drainage requirements of the r Fresno Municipal Code, M IMOD, THERSWORO. az requires] by said Fresno MunicJpal Code, and 4 Y Lhe City of Fresno, and ip cousider.atiun of: the foregoing, and the CJ 5�1 issuance: by said City of the necessary special and/or building �D 7 --_ permits and-certifica-t-pa-in-c6nnecti6h rfi0i safd-use; the a ' undersigned hereby covenant and promise fox themselves, their successors and assigns, for benefit of said City, its public rrI ; properly and the Subject Property, as follows: �y 1. The Subject Properly will be developed and occupied subject } to providing adequate grading, filling, and drainage as provided in I the Fresno Municipal Code as determined and approved in writing by the Director of the Development Department of the City. 2. Covenantors shall use said land in such a manner that will 3 r not impair the grading and filling on Parcel A as required by the s City of Fresno and in such a manner that will not impair adequate i i drainage from or across tiie Subject P-roperty to the street. 3. There shall be no cost or obligation to the owner of Parcel B for such grading and filling on the Subject Property; the entire cost thereof shall be borne by the owner of Parcel A. 7 4. The failure Lo comply with this covenant may result in the ; revocation of the Certificate of Occupancy by the city for use of Parcel A, as well a•s acllons to enforce said covenants in law or in equity by the Cityor any subsequent owner of any of the Subject Property. 5. The benefits and Use burdens of this covenant are deemed to °run with the land" and -shall inu.re to the succesors in interest to i any portion or portions of the Sub,ect•Property. 6. All plans foe development or improvement of said property shall be checked and approved by the Director of the Development Department of the City for compliance w-ilh the terms of this covenant. ; cs+ -2- CO CO U. S z © ; 7. whenever Lite Context. It,+reof r.oyui.res, the neuter shall. d C include the 1ltasculille or 1"aatl.ntna, or buLll, and the singular shali 2 include the plural.. It is the intention hereof. that this shall constitute a covenant running with the Subject• Property owned by the � + undersigned, jointly and severally binding upon the undersigned and 0 each of their heirs, reprementa Lives, successors and assigns. 0 rn DA';'LDt This .Az -dmy of _� 1385• C�lD - - 0 ACCENTED BY: COVENANTORS B' 1 0 CITY OF FRESNO, PARR FIG GARDEN DEVELOPMENT, a Municipal Corporation a California Corporation Georqe A. Kerber, Director 1 Development Department- Bd�j•,J PLIM ' r , AT't'M5': 'elite JACQUELINE L. 117j�E, C,"'C City Clerk [3y � By -'-E'2A—e— C-)0yU"-whcru2Qa✓ TiL-le V• _ i Deputy APPROVED AS. TO FO:iM: ALTON TAVES JAMES A. McE8LVEY City Attorney By i tom---- DY � ,,, T�.L•le V7itness (Attach Notary e:cknowledgement) t - STATE OF CALIFORNIA ss COUNTY OF Fresno On this 22nd day of March in the year 1985, buiore me.The undersigned. a Notary Public in and for said State, personally appeared Michael C. Parr personally knowr.tome .j 0MOA1.SEAL I. a c•ed,rN witress pers1-1 ona lownla me to be the person whose nams is subscnbbd to the ; t within instrument as a witness tnereto.who,being b me du+ sworn.deposes and says: ANN YiPSJU); 9 r r 1 i Z NOTARY FULLIC.CAUFOPIWA That the Witness tesidesin Fresno, Califgrnia ROTARY 90.11D FRED M • and ih;�the Witness was present and saw Alton Taves FRESNO COURry My Commission-Expires March IS,1987 1 personally known to the Witness to be the same person described in,and whose vame is subscribed to the within instrument as a Party thereto,execute R.and acknowledge to the Witness that_he executed it.and that the Witness subscribed ham—name thereto as a wdnes: WITNESS my hand and official Sean ACNNnWLE"ENT—Snnsuiomp'MVNSS-WNW%Poem 263CA-11W 5 E1 - n+qu WOLCeT1S.1116 Notary Public in and for said Slate ' 2602%0035 _ �- ME �^ -3- tJ. T i zt..r y"�p! 's`�" >: k5ll • '�. IR5'w^ Y, A'R �±i.'�'++ ''� >e,+^.yp" q�"wfXa�''�_r' 'A � pL� . .. N•. ------ n O O M " O �7 C7 • m 7D S7'AfE OF CALIFORNIA COUNTY OFFresno �aa. sSO36304 � rn .' ._._. � � On thle -?i Hy day of rgxl t"I rs�e In The year 1p 85 before me,iha underaipned,a Notary public In and for said State,personally appeared r Frank �. 7?ari and Mer-hn . 0- --P.--r persnnally known to me (or provedtome on the basis of satisfactory evidence)to be the persoi who executed the within instrument on behati of the Corporation therein named,and acknowledged to me that "LIGt7 the Coreuralton executed It. i r^�•: - r .. ,-;atr.GNth :VIiNESS my hand and oHlcla!Baal. ,,,c""Al9 E-".-5 GSI 3a,1987 I .eNotary Public in and tar said State. ! � xnnroeuFxs—rae.rmM�.+�.�.niwa:nu•x—w,set 1! 1261 MOM ING : ,y { j 1 ti a LT '�� .ra a 71 •C R,orf d"" -jt1Y.' Xi V1 01 4'7 0 C" rn ' � r p 0 ' PXR11- IC3 GARDEN DEVELOPMENT, 1 —.-A CALIFORNIA COR ORATION— q tri , %NcoRPORAToR's ACTION ' PURSt1PNT TO C:F,1,XFORNIA-"CORP09ATIONS CODE-SECTION 210 --- �n 0 t The undersigned, being the incorporator who signed the Artiales of Incorporation of PARR--FIG GARDEN DEVELOPMENT, tf7 t filed in the office of the Secretary of State of California on duly 25, 1981, hereby takes the following action pursuant to California Corporations Code Section 210 to perfect the organization of said corporation: 1. For the purpose of adopting By-laws of the corporation, the Following resolution is adopted: WHEREAS, the Articles of incorporation of this corporation do not name the initial directors of this corporation, and no such directors have been named; and WHEREAS, this corporation. has not heretofore issued any shares; and WHEREAS, there has been presented to the in- corporator of this corporation a form of B% laws for the regulation of the affairs of -.his Corporacion; and WHEREAS, it is deemed to be in the best inter- ests of this corporation that said By=laws be adopted by the incorporator of this corpora- tion as and for the By-Laws of this corpora- tion; NOW THEREFORE, BE IT RESOLVED, that the By- laws presented to the incorporator of -this corporation a*a hereby adopted as the By-laws oL 'chis corporation; RESOLVED FURTHER, that the Secretary of this corporation_ is hereby authorized and directed to execute a certificate of the adoption of cs (30 c3 1 b t rJ F C I 81iou.3 4 0 i said By-laws and to i.nsext a copy of the By-- Q j lawA so ear,ri.fi ed in the Hook of Minutes oS i this corporation and, in addition, to maintain a copy of said H•y-laws, similarly certified, M � - at-all--times_at.tike principal executive office ;U of this corporation in tho State o CalifZ� ia, --- --- which copy shall at all times reflect all i amdhdments to said By-laws adopted, to date, 'n " 2. The following persons are hereby elected to M ; act as the initial directors of said corporation: Frank J. Part, Jr. Michael C. Parr 1 3. The following persons are hereby elected as officers of said corporation, each to fill the office indi- cated after his or her name: t Name Office Frank J. Parr,. Jr. President and Secretary Michael_ C.. Parr. Vice President and Chief Financial Officer Dated: fiugast 1•- 1984. Frank J. Parr, Jr. I 2 [t .L� - .-. .--=.. _'. -._ r'C_•`REIS.^s�a2` '_- _-.. _..- .-_ __. _ �_ .......,__1..t�q.�.�