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HomeMy WebLinkAboutCosette Investment Co., Inc. - Agreement - 3-10-2023E� WHEN RECORDED MAIL TO. City Clerk City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 NO FEE — Government Code 6103 and 27383 1111 NIF-Al CAP P I011XIMIDA k� Milk 11111 2023-0018734 FRESNO County Recorder Paul Dictos, CPA Wednesday, Mar 01, 2023 03:23:49 PM Titles: 1 Pages: 5 Fees: 0.00 CA SB2 Fee: 0.00 Taxes: 0.00 Total: 0.00 CITY OF FRESNO CITY OF FRESNO Planning and Development Department RELEASE OF STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR SITE PLAN REVIEW APPLICATION NO. S-04-402, RECORDED AS DOCUMENT 2006-0134126 Release of Statement of Covenant P22-03187 Page 2 of 6 WHEREAS, Cosette Investment Co., Inc. (Owners), a California corporation, entered into a Statement of Covenants Affecting Land Development with the City of Fresno for Site Plan Review Application No. S-04-402 dated March 15, 2006 recorded as Recorder's Instrument No. 2006-0134126, Records of Fresno county, California; and; WHEREAS, the property affected by said agreement is generally described as depicted in Exhibit A; and, WHEREAS, the Director of the Planning & Development Department has determined that the terms, conditions, and promises of said Statement of Covenant for the Subject Property are no longer applicable given that the California High Speed Rail Project bisects the Subject Property, and the continued existence and enforcement of the Statement of Covenant can be released. 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: ZoZ� I Y CITY OF FRESNO, a Municipal Corporation By: Jennifer Clark, AICP, Director Planning & Development Department APPROVED AS TO FORM: Andrew Janz City Attorney By: Heather Thomas Deputy City Attorney Date: 7- 2 ATTEST: TODD STERMER, Cal, CITY CLERK _ ��,5' S�.�ircJ�.l✓� 7- EXHIBIT A The land referred to herein below is situated in the County of Fresno, City of Fresno, State of California, and is described as follows: Parcel One: Those portions of lots 40 and 41 of Malaga Tract, in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded on January 5, 1884, in Book 2, Page 17 of Plats, Fresno County Records, described as follows: The westerly 625.66 feet of those portions of lots 40 and 41 of Malaga Tract, according to the map thereof recorded in Book 2, Page 17 of Plats, Fresno County Records. Beginning, at the northwest corner of said lot 40; Thence, north 89' 40' east along the north line of said lot 40 a distance of 1118.01 feet to a point on the southwesterly line of that parcel of land conveyed to the State of California by deed recorded December 6, 1960 in Book 4475, Page 40, as document no. 85429, of official records; Thence, south 44' 16' east, along said southwesterly line 190.30 feet to a point on the westerly line of the property conveyed to the San Francisco and San Joaquin Valley Railway Company; Thence, south 0° 03' east along said westerly line 566.61 feet; Thence, south 89' 40' west parallel with the north line of said lot 40 a distance of 1251.32 feet to a point on the west line of said lot 41; Thence, north 0° 00' west along the west line of said lot 41 and 40 a distance of 703.67 feet to the point of beginning; Excepting therefrom, the north 85.00 feet of the last 120.00 feet of the west 625.66 feet of lot 40 of Malaga Tract, according to the map thereof recorded in Book 2, Page 17 of Plats, as conveyed to the City of Fresno, a municipal corporation, by grant deed recorded June 4, 1992, as document no. 92077647, official records. Also excepting therefrom, an undivided one-half interest in all oil, gas and other hydrocarbon substances and an undivided one-half interest in all minerals of every nature, character and description, in, under or on said real property, as reserved in the deed from Hilaria Prechou, a widow, to Mike A. Prechou, also known as M. A. Frechou and Rachel Frechou, his wife, to Allen Warehouse Company of California, a California Corporation, by deed dated June 15, 1951, recorded June 19, 1951 in Book 3032, Page 48, as document no. 34879, official records. Also excepting therefrom, those portions deeded to the State of California by grant deeds recorded March 1, 2016, as document no. 2016-0025754-00 and 2016-0025755, official records. Also excepting therefrom that portion thereof conveyed to the State of California in deed EXHIBIT A continued recorded April 8, 2021 as document no. 2021-0057909 of official records. APN: 330-230-01 S CLERK'S CERTIFICATION A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California County of Fresno On February 27, 2023 before me, Tina M. Your Records Su ervisor, personally appeared, Jennifer K. Clark. Director Planning & Development ❑e artment City of Fresno. 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. FFT WITNESS my hand and official seal ^'�o Todd Stermer, CIVIC City Clerk, City of Fresno By Tina M. �Y�our,Records Supervisor 5