RECORDED AT REQUEST OF AND
WHEN RECORDED RETURN TO:
Filing Fee Exempt (Gov’t Code § 6103)
City of Fremont
P.O. Box 5006
Fremont, CA 94537-5006
Attn: Planning Manager
APNS: 501-1560-013-00, 501-1560-047-00
RELEASE OF RESTRICTIVE COVENANT
WHEREAS, the Owner of the real property located at: 1335 Mowry Avenue, Fremont, CA, APN 501-1560-013-00 and 1310 Ewe Way, Fremont, CA, APN 501-1560-047-00 and both are legally described as described in Exhibit A, attached hereto, and as recorded in Book 133 of Parcel Maps, Pages 45 and 46 of the Records of Alameda County, did enter into a Restrictive Covenant with the City of Fremont for said property in consideration for approval of Parcel Map 3503, and said Restrictive Covenant was recorded in the Records of Alameda County document number R- 055025 on the 16th day of April 1982; and
WHEREAS, the property owner has requested that the Restrictive Covenant be canceled and released in order that the property owner may finance improvements to the property with a loan from the United States Department of Housing and Urban Development and meets all requirements of law, and as a result, the City of Fremont is willing to cancel and release the herein referenced Restrictive Covenant.
NOW, THEREFORE, the City of Fremont hereby releases and cancels the Restrictive Covenant described herein; however, this Release of Covenant shall have no bearing or implications on any other unities of title, restrictive covenants, liens, assessments, or other encumbrances that may presently exist on the above-described property.
CITY OF FREMONT
BY:______________________________
Brian Stott Date
Assistant City Manager
State of California
County of Alameda
On before me, , personally appeared _______________ , 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 signatures(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.
Signature of Notary
Exhibit A
Legal Description
All that certain real property situated in the City of Fremont, County of Alameda, State of California, described as follows:
PARCEL A:
Parcel 2, of Parcel Map 3503, filed April 16, 1982 in Book 133 of Parcel Maps, Pages 45 and 46, Alameda County Records.
APN: 501-1560-013-00
PARCEL B:
Easement appurtenant to Parcel 2 of Parcel Map 3503 for Ingress and Egress over that portion of Parcel 1 of Parcel Map 3503 described as JAE and granted to Good Shepherd Residence Inc. by Easement recorded April 16, 1982, Instrument No. 82-055024.
PARCEL C:
Parcel 3, of Parcel Map 3503, filed April 16, 1982 in Book 133 of Parcel Maps, Pages 45 and 46, Alameda County Records. Except that portion deeded to Joseph A. Visconti, Steve P. Visconti and Rhonda P. Visconti in Deed recorded November 30, 1990 as recording No. 90-314627 of Official Records and described as follows:
Beginning at the most Western corner of Parcel 3 of Parcel Map 3503 recorded April 16, 1982, in Book 133 of Parcel Maps, at Pages 45 and 46, Alameda County Records; thence along the general Northern line of said parcel North 75°42'00" East 61.50 feet; thence leaving said line and running South 12°44'50" East 6.80 feet to a point on the general Northerly line of Ewe Way as said way is shown upon said map, said point being on a curve concave to the Southeast having a radius of 45.00 feet, (the center of the curve bears South 8°40'59" West from said point); thence Northwesterly, Westerly and Southwesterly along said line of Ewe Way along said curve through a central angle of 66°06'18", an arc distance of 51.92 feet; thence continuing along said line of Ewe Way South 77°15'10" West 13.40 feet to the general Western line of aforesaid Parcel 3; thence along said line North 12°44'50" West 15.02 feet to the point of beginning.
APN: 501-1560-047-00
PARCEL D:
Easement appurtenant to Parcel 2 and 3 of Parcel Map 3503 for Ingress and Egress over that portion of Parcel 1 of Parcel Map 3503 described as E.V.A.E. and granted to Good Shepherd Residence Inc. by Consent to Common Use recorded April 16, 1982, Instrument No. 82-055023.