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HomeMy WebLinkAboutT-5983 - Agreement/Covenant - 10/3/2011 When Recorded Mail To: 0812912011 ,20110130538 i City Clerk City of Fresno 2600 Fresno Street Fresno, California 93721-3603 CC CITY OF FRESNO 0 Public Works Department Z 0 U W W J fL RELEASE OF STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR PRIVATE STREET FACILITIES TO PROVIDE ACCESS FOR EMERGENCY AND SOLID WASTE SERVICES BENEFITING CERTAIN LOTS OF THE FINAL MAP OF TRACT NO. 5983, PHASE-1 OF VESTING TENTATIVE MAP NO. 5983 Release of Covenant Outlot O Tract No. 5983 2nd Point of Access Page 2 WHEREAS, 5983 ENTERPRISES, LP, a California Limited Partnership, entered into a Statement of Covenant providing for private street facilities for the Final Map of Tract No. 5983, Phase 1 of Vesting Tentative Map No. 5983, and recorded on July 15, 2011 as Document No. 2011-0093070 Fresno County Records, hereinafter referred to as the "Statement of Covenant;" and WHEREAS, the Subject Property affected is more specifically described as: Outlot O of the Final Map of Tract No. 5983 according to the map thereof recorded in Volume 82 of Plats at Pages 1 through 5, Fresno County Records; and WHEREAS, the Subject Property is being subdivided pursuant to the Final Map of Tract No. 5996, Phase 3 of said Vesting Tentative Map No. 5983; and WHEREAS, the Director of the Public Works Department has determined that the continued existence and enforcement of said Statement of Covenant for the Subject Property is no longer necessary upon the recording of the Final Map of Tract No. 5996, Phase 3 of Vesting Tentative Map No. 5983. NOW, THEREFORE, in accordance with the provisions of said Statement of Covenant, the City of Fresno does hereby release the Subject Property from said Statement of Covenant and that it shall be of no further force or effect. DATED: CITY OF FRESNO a Municipal Corporation PATRICK N. WIEMILLER, Director Public Works Department By: Z1,41Y Scott Mozier, P.E., Assistt6nt Director CLERK'S CERTIFICATION State of California ) County of Fresno ) On September 26, 2011 before me, Sherrie L. Badertscher, Deputy City Clerk, personally appeared, Scott Mozier, P.E., Assistant Director, Public Works 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 OF Fgfs1 r � 4 By p` e Deputy •�1,ect.��.