HomeMy WebLinkAboutT-5538 - Deed of Easement - FMFCD Storm Drain - 5/7/2018 No Fees Required IIII III I IIII II II IIII i II I IIII II IIIII IIII IIID I II
Pursuant to Government Code § 6103 FRESNO County Recorder
Paul Dictos, C.P.A.
Recording Requested by: DDC— 2018-0053259
Acct 8017-First American Title - Fresno SPL
Fresno Metropolitan Flood
Control District Monday, MAY 07, 2018 08:00:00
Tt 1 Pd $0.00 Rcpt # 0004991523
ARG/R3/1-7
And when Recorded, Mail to:
Fresno Metropolitan Flood
Control District
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 .51 day of -CLwv v- , 201'6 by and between Western Pacific Housing, Inc., a Delaware
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.
1737766vl/4496.1593
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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"
Western Pacific Housing, Inc.
a Delaware Corporation
/UI
P trick Darnell Dat
Vice President of Land
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EXHIBIT "A"
Sheet 1 of 2
Legal Description of Easement
That portion of Lots 4 and 5 of Tract 5538, recoded in Volume 5� 7 pages q3 and
1 of Plats, Fresno County Records, described as follows:
The North 5 feet of said Lot 4 and the South 10 feet of said Lot 5.
.Contains an area of 1,500 square feet, more of less.
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EXHIBIT "A"
SKETCH OF EASEMENT
SHEET 2 of 2
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WEST ASHLAN AVENUE
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® TRACT 5538 1 l t2 ��$ 1t SCALE: 1" = 40'
civil-
EASEMENT a
o LOCATION ® z
Z PREPARED BY:
WEST DAKOTA AVENUE GARY GIANNETTA
1119 'S' STREET
FRESNO, CA. 93721
LEGEND: (559) 264-3590
EASEMENT LINE RECORD OWNER:
APN 511-011-18
PROPERTY LINE WESTERN PACIRC HOUSING, INC.,
A'DELAWARE CORPORATION
INDICATES EASEMENT TO BE DEDICATED TO FMFCD D.R. NORTON CENTRAL VALLEY DIVISION
FOR STORM DRAIN PURPOSES. 419 WEST MURRAY AVENUE
VISALU. CA 93291
CONTAINS AN AREA OF 1,500 SO. FT. (559) 636-9838
12/15/17
EXHIBIT"B"
Legal Description of Property
Lots 4 and 5 of Tract 5538, recorded in Volume R7 pages and of Plats, Fresno County
Records.
�oQVOFESS,tG.
Fri
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No.26996
5
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 Tulare )
On January 31, 2018 before me, R. Hensley, Notary Public
(insert name and title of the officer)
personally appeared Patrick Darnell
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.
R.HENSLEY
WITNESS my hand and official seal. Notary Public-California Z
Tulare County Z
Z Commission*2172956 D
My Comm.Expires Nov 20,202
Signature (Seal)
6
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 January 31, 2018, from Western Pacific Housing, 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: 2 �° f� By:
Alan Hofmann
General Manager-Secretary
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