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
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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the Subject Property are no longer applicable given that the California High Speed Rail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 _
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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
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