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Home My WebLink AboutT-6126 - Deed of Easement - FMFCD Storm Drain - 11/7/2017 Recording Requested by: IIII IIII IIII IIII IIIIIIIII VIII IIIA IIIIIIIIIII II Fresno Metropolitan Flood FRESNO County Recorder .Control District Paul Dictos, C,P.A. And when Recorded, Mail to: DOC— 2017-0144249 Acct 8003—North American Title Concord Fresno Metropolitan Flood Tuesday, NOV 07, 2017 08:00:00 Control:District Tt l Pd $0.00 RGRt/R5Di01-7067 5469 East Olive Avenue Fresno, CA 93727 GRANT OF EASEMENT AND RIGHT-OF-WAY THIS GRANT OF EASEMENT AND RIGHT-OF-WAY, is made and entered into this V'Lday of 7ur.G , 210 Q by and between Lennar Homes of California, Inc., a California corpo►ation, 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" (tile "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 (tile "Property"), provided that such access shall not unreasonably interfere with Grantor's enjoyment of the Property. 1737766v 1/4496.1593 l Udesign\mise casements\2017\Icnnar(t6126)grtnt ol'eascmcnt-ro%v(approved kjp)1 o-2u 15(h).docx r 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" Lennar Vornef California, Inc. a C ' r co ation X0 - 21-11 ignature Date Print Name & Title 1737766v I/4496.1593 0&sign\mise easements\2017 Uennar(t6126)grant oteasement-row(upproved kjp)10-2015(bn).docx AV 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 �Jui�Lo.Z/��/� before me, Christine Collins, Notary Public (insert name and title of the officer) personally appeared Mike Miller 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 my hand and official seal. CHRISTINE COLLINS Commission #2131344 Z:-o Notary Public-California i j' Z Fresno County D M Comm. Expires Nov 7,2019 Signature (Seal) . 3 EXHIBIT "A" Sheet 1 of 2 Legal Description of Easement That portion of Lots 17 and 18 of Tract Number 6126, recorded in Volume�, pagey2jy$�of Plats, Fresno County Records, described as follows: BEGINNING at the most Northerly corner of said Lot 17 also being the North Westerly corner of said Lot 18 and a point along the South right-of-way line of East Kynzlee Avenue; thence North Easterly along a non-tangent curve also being along the North boundary line of said Lot 18 and said South right-of-way line of East Kynzlee Avenue, concave to the Northwest, whose radius point bears North 24°37'11" West, having a radius of 323.50 feet, through a central angle of 00053'10" an arc distance of 5.00 feet; thence South 26052'12" East parallel with and 5.00 feet North Easterly of the common property line of said Lots 17 and 18, a distance of 125.47 feet to the intersection with the boundary line of said Lot 18 also being the boundary line of said Tract Number 6126; thence South 57013'31" West along said boundary line, a distance of 15.08 feet; thence North 26052'12" West parallel with and 10.00 feet South Westerly of said common property line of said Lots 17 and 18, a distance of 127.73 feet to the intersection.with the North boundary line of said Lot 17 and also being said South right-of-way line of East Kynzlee Avenue and a non-tangent curve; thence North Easterly along said South right-of-way line of East Kynzlee Avenue and non-tangent curve, concave to the Northwest, whose radius point bears North 22050'45" having a radius of 323.50 feet, through a central angle of 01046'26", an arc distance of 10.02 feet to the Point of Beginning. Contains an area of 1,898 square feet more or less. Lij 0.26996 M EXHIBIT "A" -" SKETCH OF EASEMENT SHEET 2 OF 2 33 34 PJ KY N2�'EE/ EAST of BEG��\c\,�a G, 19 2 ts'-�•` 5^',,-.� cis hti:G J�^ 18 �e y..ty•;: c�- •�'. 5.00' =g.y 15.00' 10.00' y;+� J 17 16 05 COPPER RIVER N� GOLF COURSE CURVE DELTA RADIUS LENGTH C 1 00'53'10" 323.50' 5.00' C2 01'46'26" 323.50' 10.02' C3 02'39'35" 323.50' 15.02' RADIAL DIRECTION DISTANCE R 1 N 24'37'11" W 323.50' R2 N 25'30'20" W 323.50' OeROFESS/ R3 N 22'50'45" E 323.50' G' GL � �2 LEGEND: EASEMENT LINE SCALE: 1 = 50' .26996 PROPERTY LINE RECORD DATA AS PER CERTIFICATE OF COMPLIANCE FOR PARCEL A OF PROPERTY LINE CIVIL �Q' � � ADJUSTMENT N0. 04-07, RECORDED VICINITY MAP CAt�F� DECEMBER, 17, 2004 AS DOCUMENT NO. 2004-0282733, F.C.R. EASEMENT TRACT 6126 LOCATION R INDICATES RADIAL BEARING TO CURVE F.C.R. FRESNO COUNTY RECORDS N.T.S. �•., INDICATES EASEMENT TO BE DEDICATED TO FMFCD FOR STORM DRAIN PURPOSES. CONTAINS AN AREA OF 1,898 SQ. FT. n (� luE PREPARED BY: 4 GARY GIANNETTA 1119 'S' STREET FRESNO, CA. 93721 06/20/17 (559) 264-3590 S -s EXHIBIT "B" Legal Description of Property Lots 17 and 18 of Tract Number 6126, recorded in Volume 8? , pageV.2•Yyof Plats, Fresno County Records. o?ROFESS/y G. G �F 2 � � m 0.26996 ` Uf.CH�1FG- f CERTIFICATE OF ACCEPTANCE 1n 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 .June 21, 2017, from Lennar Homes of California, 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: '_7A_// 7 By: Man Hofmann General Manager-Secretary coa-land-ahoGnann