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Home My WebLink AboutT-6099 - Deed of Easement - FMFCD Drainage Channel - 10/5/2017 Recording Requested by: IIII III I IIII II II II IIII I III IIII II III I IIII I VIII I II Fresno Metropolitan Flood Control District FRESNO County Recorder Paul Dictos, C,P,A, And when Recorded, Mail to: DDC— 2017-0128645 Acct 8002-Old Republic Title CONCORD Fresno Metropolitan Flood Thursday, OCT 05, 2017 08:00:00 Control District Tt 1 Pd $0.00 Rcpt # 0004859984 5469 East Olive Avenue RGR/R5/1-7 Fresno,CA 93727 GRANT OF EASEMENT AND RIGHT-OF-WAY THIS INDENTURE, made and entered into this24 day of , 20l'1, by and between LAS BRISAS BUILDERS, INC., as GRANTOR, and FRESNO METROPOLITAN FLOOD CONTROL DISTRICT, as 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 to construct, install, operate, maintain, repair, and reconstruct a drainage channel, which drainage channel shall consist of curbs, gutters and street improvements. Grantee is constructing such improvements in conjunction with Tract 6099 as described herein, to flow and conduct water through said drainage channel, across, over, though, that real property owned by Grantor in the County of Fresno, State of California described in Exhibit"A" attached hereto. This grant of easement includes all rights necessary, convenient or incidental thereto including the right of ingress to and egress from said right-of-way and easement over and across adjoining real property now owned by Grantor as described in Exhibit "B" attached hereto. Grantor, or its successor's, shall perform normal maintenance such as cutting grasses and weeds, 1506989v /4496.1596 1 Udesignlmisc easements\2017\las brisas(t6099 de)(bn)grant-easement-drainage floodway channel strcet(kjp).docx repair of concrete and asphalt, within the easement area. Neither Grantor nor its successors, shall not alter the grade of the Channel or place any objects such that the capacity of said Channel is reduced. In the event Grantor, or its successor's, alters the Channel and/or reduces the capacity, the District shall have the right to restore said Channel and Grantor, or its successor's, shall reimburse District of any expenses whatsoever, including but not limited to, actual damages and costs(including attorneys' fees) incurred by District in providing such restoration. IN WITNESS WHEREOF, Grantor has executed this grant the day and year first above written. "GRANTOR" Las Brisas Builders, Inc. -am—L�- Ila Signature Date ( N ►��,�- + end 'DeVetopmeni Manager Print Name &Title 1 Signature Date Print Name &Title Form Approved by BMJ UP July 2014 1506989vl/4496.1596 2 kAdesign\misc easements\2017\1as brisas(t6099 de)(bn)grant-easement-drainage floodway channel strcct(kjp).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 validit of that document. State of California County of Fresno ) On March 24, 2017 before me, Madelyn Cuellar, Notary Public (insert name and title of the officer) personally appeared Amber Martinez who proved to me on the basis of satisfactory evidence to be the person(s)whose name(a) is/afe subscribed to the within instrument and acknowledged to me that-4ie/she/thea executed the same in his/her/their authorized capacity(+es), and that by his/her/t4eir signature(- on the instrument the person(&), 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. - - - - - - - - - - - - - - - MADELYN CUELLAR WITNESS my hand and official seal. Commission*2103017 Notary Public-California Fresno County Comm.Expires Mar 13 2019 l'lczo �L � C'y1 Signature (Seal) 3 Exhibit "A" Legal Description of Easement Sheet 1 of 2 Outlot A of Tract 6099, recorded in Volume t3� , pages,��, 33 and _3�� of Plats, Fresno County Records. Contains an area of 223,093 square feet more or less. CI EXHIBIT " A" NORTH CEDAR AVENUE TRACT 6099 SHEET 2 OF 2 23 24 25 26 27 28 29 1 V OUiLO�T A 1 ^ 35 34 , 33 32 31 30 i 1 36 37 38 39 40 41 L7 W v OURAi A 1 I� T' 22 ao 79 42 < r• 78 43 1 21 81 p 77 44 x 20 B2 < 76 45 I I 19 83 75 46 18 84 74 47 73 48 SCALE: 1' = 150' — 17 85 72 49 I` 16 86 71 50 I J15 87 70 51 14 gg 69 52 < I ^, 68 53 13 89 ., 67 54 12 90 66 55 < 65 56 11 91 64 57 1 10 63 58 9 OJ�� 62 59 I Y_ 61 60 f' 7 5 4 3 2 1 o: I NORTH MILLBROOK AVENUE NOTE: INDICATES AREA DEEDED TO PREPARED BY: FMFCD FOR A DRAINAGE GARY G. GUNNETTA CHANNEL EASEMENT CIVIL ENGINEERING & LAND SURVEYING 1119 *W sisar AREA = 223,093 S.F. "mo, ce 93M (659) 2"-S590 rex (Na) 2"-ossa j Exhibit "B" Legal Description of Parcel Outlot A of Tract 6099, according to the Map thereof recorded in Volume _of Plats, at pages 32 thru _3 , Fresno County Records. (A 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 March 24, 2017, from LAS BR:[SAS BUILDERS, 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 Dated: l 7 By: Alan I-Iofinann General Manager-Secretary coa-laid-ahofmann