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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 kAdesign\mist easemcnts\2018\western pacific housing(6538 ak-40)(r1)grant ofeascmcnt and row pipe(approved k1p)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" Western Pacific Housing, Inc. a Delaware Corporation /UI P trick Darnell Dat Vice President of Land 1737766v 1/4496.1593 2 Udesian\mist easements\20184estern pacific housing(0538 ak-40)(rl)grant of casement acid row pipe(approved kjp)10-2015.docx 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. 4RoFESSzO , 229$ A e 3 EXHIBIT "A" SKETCH OF EASEMENT SHEET 2 of 2 6 I I 84 I I Z w � I I Q I I 10' PPUE--I I r 5 i' PE"- 15' E"15' SDE I � N 89'58'16" W o 100.00Q I I I g LO I I 4 I I 75 I I = I I Z 3 I I VICINITY MAP WEST ASHLAN AVENUE ZZ oFESSi W w N.T.S. Njillimilla o.26996Ld I ® 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 �9l 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 coa-land-ahofmann