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Home My WebLink AboutT-5971 - Deed of Easement - FMFCD Storm Drain - 10/3/2017 Recording Requested by: IIII III I IN 1111111111 IN 11111 II IN I IIIII III Fresno Metropolitan Flood FRESNO County Recorder Control District Paul Dictos, C,P,A, DCC— 2017-0127195 And when Recorded, Mail to: acct 8002-old Republic Title CONCORD Tuesday, OCT 03, 2017 08:00:00 Fresno Metropolitan Flood Ttl Pd $0,00 Rcpt # 0004858145 Control District RGR/R5/1-7 5469 East Olive Avenue Fresno, CA 93727 GRANT OF EASEMENT AND RIGHT-OF-WAY Ti-IIS GRANT OF EASEMENT AND RIGHT-OF-WAY, is made and entered into this leday of v , 20 0 by and between Wilson Premier Homes, Inc., a California corporation, as Grantor, and Fresno Metropolitan Flood Control District, a California public corporation in the County of Fresno, State of California, as Grantee. WITNESSETH That Grantor, for good and valuable consideration, does hereby grant to Grantee a perpetual and exclusive easement in, through, over, and under that real property in the County of Fresno, State of California described in Exhibit "A" (the "Easement"), attached hereto and incorporated herein by this reference, to install, construct, operate, maintain, repair, remove and replace an underground storm drainage pipeline and to conduct water through the same, together with all rights necessary, convenient or incidental thereto, including a right of ingress thereto and egress therefrom over Grantor's property as described in Exhibit "B" .hereto (the "Property"), provided that such access shall not unreasonably interfere with Grantor's enjoyment of the Property. 1737766v 1/4496.1593 1 kldcsign\mise enscments\2017\%Yilson(15971 bv)(rl)grant of casement-row(approved k.jp)10-2015.docx No structures (including, but not limited to, buildings, roof overhangs and swimming pools) shall be constructed within the Easement, and no trees may be planted therein, but shrubs and grasses may be planted and sidewalks and parking areas may be installed on the Easement. In the event the Grantee damages improvements thereto in the use of reasonable care and enjoyment of the Easement, it shall not be obligated to restore the same or be liable for any damages whatsoever related thereto. This Easement shall "run with the land" and be binding upon and inure to the benefit of Grantor's heirs, executors, administrators, assigns and successors. IN WITNESS WHEREOF,Grantor has executed this Grant of Easement and Right- of-Way the day and year first above written. "GRANTOR" Wilson Premier Homes, Inc. a California corporation Leo A so , President Date 1737766v1/449(.1593 7 kAdesign\misc casements\2017\wiIson(t5971 bv)(rhgrant of easement-row(approved kjp)10-2015.docx ACKNOWLEDGMENT 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 July 12, 2017, before me, DENISE MELKONIAN, notary public personally appeared LEO A. WILSON, 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 nd and official seal. ■ DENISE MELKONIAN _JJ Notary Public-California Fresno County Commission#2180034 Signat re (Seal) My Comm.Expires Feb 12,2021 7 EXHIBIT "A" LEGAL DESCRIPTION That portion of the Southeast quarter of the Northwest quarter of Section 23, Township 13 South, Range 21 East, Mount Diablo Base and Meridian, in the City of Fresno, County of Fresno, State of California, according to the official plat thereof, described as follows: COMMENCING at the Southwest corner of said Southeast quarter; thence North 89°58'48" East, along the South line of said Southeast quarter, a distance of 62.37 feet; thence North 00°21'25" East, a distance of 31.60 feet to the TRUE POINT OF BEGINNING; Thence, continuing, North 00°21'25" East, a distance of 9.23 feet; thence North 00°04'22" West, a distance of 5.76 feet; thence North 89°53'30". East, a distance of 2.84 feet; thence North 50°28'36" East, a distance of 123.25 feet to a point being 125.00 feet North of the South line of said Southeast quarter; thence North 89°58'48" East, parallel with and 125.00 feet North of the South line of said Southeast quarter, a distance of 36.85 feet to the beginning of a 46.00 foot radius non-tangent curve concave. Northeasterly, a radial to said beginning bears South 69°37'32" West; thence Southeasterly, along said curve, through a central angle of 22°00'55", an arc distance of 17.67 feet to a point being 110.00 feet North of the South line of said Southeast quarter; thence South 89°58'48'' West, parallel with and 110.00 feet North of the South line of said Southeast quarter, a distance of 40.60 feet; thence South 50°28'36" West, a distance of 123.23 feet; thence South 89°53'30" West, a distance of 8.30 feet to the TRUE POINT OF BEGINNING. Containing 2,503 square feet, more or less. N L LANO J. p0 o Page 1 of 2 Dixon & Associates, Inc. W.O. 16-082 . EXHIBIT " A" W W INDICATES AREA TO BE DEEDED TO FRESNO > ® METROPOLITAN FLOOD CONTROL DISTRICT FOR d STORM DRAIN EASEMENT PURPOSES. AREA: 2,503 SQUARE FEET OWNER: .WILSON PREMIER HOMES, INC. N 89'58'48" E 36.85' S69FtP 3P APN: 310-280-58 v-p TRACT 5971 a a OD 06�. S 89-58'48"IW 40.60' SS,. 3 �3, N 5 00. 0 U p .SFi z z y� a N E- N89'53'30"E SCALE: 1" = 30' 2.84' io 's 00 TRUE POINT OF BEGINNING. w S89'53'30"W U.) . 8.30' N p Q', o O z z 1320' +/- 62.37' N 89'58'48" E — — — —� EAST DAKOTA AVENUE ALIGNMENT THE SOUTH LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 13 SOUTH, RANGE 21 EAST, MOUNT DIABLO BASE AND MERIDIAN. POINT OF COMMENCEMENT: \ON TA/Vo S THE SOUTHWEST CORNER OF THE SOUTHEAST Gj DI'v, OF 223, TOWNSHIP QUARTER OFF13 SOUTH, RANGENORTHWESTA21EEASST, MOUNTN � PR X0 �� DIABLO BASE AND MERIDIAN. O °- L. 2 0' 30' 60' 90' / , Z3. � s�q F Y/ OF PREPARED BY: DATE:Oct. 12, 2016 PORTION OF THE SOUTHEAST QUARTER OF THE SCALE: 1' M 30' DIXON & ASSOCIAT � WWO0:ES INC. BY082 NORTHWEST QUARTER OF SECTION 23, : 16-082 / 5971 TOWNSHIP 13 SOUTH, RANGE 21 EAST, MOUNT LAND SURVEYING REVISIONS: DIABLO BASE AND MERIDIAN, - TO BE DEEDED TO FRESNO METROPOLITAN 620 DEWITT, #101 - FLOOD CONTROL DISTRICT FOR STORM DRAIN CLOVIS, CALIFORNIA, 93612 PAGE NO. EASEMENT PURPOSES. PH: (559)297-4200 FAX: (559)297-4272 OF 2 PAGES 5 EXHIBIT "B" LEGAL DESCRIPTION The land referred to is situated in the County of Fresno, City of Fresno, State of California, and is described as follows: A portion of Lot 46 as shown on the map of Eggers Colony recorded January 9, 1891 in Volume 4 of Plats at Page 60, Fresno County Records, lying in the Northwest quarter of Section 23, Township 13 South, Range 21 East, Mount Diablo Base and Meridian, in the City of Fresno, County of Fresno, State of California, lying South of the Gould Canal as described in Quitclaim Deed recorded June 16, 2006, as Document No. 2006-0126440, Official Records, Fresno County Records and as pursuant to Lot Line Adjustment No. 2010-05 issued by the City of Fresno, a municipal corporation, a copy of which recorded April 6, 2011, Instrument No. 2011-0048135, Official Records, Fresno County Records and as perfected in the deed recorded April 6, 2011, Instrument No. 2011-0048137, Official Records, Fresno County Records, more particularly described as follows: COMMENCING at the center quarter corner of said Section 23; thence South 89° 58' 48" West, along the south line of the Northwest quarter of said Section 23, a distance of 25.00 feet to the TRUE POINT OF BEGINNING; Thence South 89° 58' 48" West continuing along the south line of said Northwest quarter, a distance of 1237.22 feet; thence North 00° 21' 25" East, a distance of 40.83 feet; thence North 00° 04' 22" West, a distance of 485.15 feet; thence North 120 09 23" East, a distance of 40.16 feet to a point on the southerly line of said Gould Canal; thence along the southerly line of said Gould Canal the following courses: South 770 30' 38" East, a distance of 24.84 feet; South 78° 19' 58" East, a distance of 113.41 feet; Thence South 77° 06' 42" East, a distance of 85.86 feet; Thence South 76° 31' 29" East, a distance of 323.49 feet to the beginning of a 3,392.00 foot radius tangent curve, concave to the North; thence Easterly along said curve, through a central angle of 05° 06' 58", an arc distance of 302.88 feet; Thence, tangent to said curve, South 81° 38' 27" East, a distance of 297.19 feet; thence South 83° 27' 05" East, a distance of 104.20 feet to a point on the east line of said Lot 46; thence South 00° 06' 57" East, along the east line of said Lot 46, a distance of 329.54 feet to the TRUE POINT OF BEGINNING. LA ND P� J. DX0 0 L. 27 �- Z3 • i� ,_ cra��F�� Dixon& Associates WO 16-082 Page 1 of 1 CERTIFICATE OF ACCEPTANCE In accordance with the provisions of 27281 of the Government Code of the State of California, this is to certify that the interest in real property conveyed by the attached instrument dated July 12, 2017, from Wilson Premier Homes, Inc., to the Fresno Metropolitan Flood Control District, a California public corporation, is hereby accepted by the undersigned General Manager-Secretary on behalf of the Board of Directors of the Fresno Metropolitan Flood Control District, pursuant to authority conferred by Resolution No. 2004- 455 of said Board of.Directors adopted December 15, 2004, and said District hereby consents to recordation thereof by and through its duly authorized officer. Fresno Metropolitan Flood Control District, a California public corporation LL Dated: ��' �� :B Y lan Hofmann General Manager-Secretary coa-land-ahofin ann