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Home My WebLink AboutT-5376 - Agreement/Covenant - 8/2/2006 (3) BY. IliIIN11111RE RECORDING REQUESTED BY AND PLEASE RETURN TO: ( FRESNO County Recorder ( Robert C. Werner Phillip G. Michaelides, Esq. ( DOC— 2006-0098127 MOTSCHIEDLER, MICHAELIDES ( Cheek Number 56165 & WISHON LLP ( Tuesday, MAY 09, 2006 16:02:02 1690 West Shaw Avenue ( Tt 1 Pd $51.66 Nbr-NO2177583 Suite 200 ( RGR/R4/1-15 Fresno, California 93711 EASEMENT AGREEMENT PARTIES: NEW AMERICA HOMES, a California corporation("Grantee") CENTEX HOMES, a Nevada general partnership ("Grantor") RECITALS: A. Grantor is the owner of the real property located in the County of Fresno, California, more particularly described in Exhibit A, attached hereto and by this reference made a part hereof(hereinafter the"Grantor Property"). B. Grantee is the owner of real property located in the County of Fresno, California, more particularly described in Exhibit B, attached hereto and by this reference made a part hereof(hereinafter the"Grantee Property"). C. The Grantee Property and the Grantor Property(sometimes collectively referred to herein as the"Subject Properties") are adjacent parcels. D. Grantor desires to grant Grantee a drainage easement over portions of the Grantor Property, more particularly depicted and described in Exhibit C, attached hereto and by this reference made a part hereof(hereinafter the"Easement Area"), for the benefit of the Grantee Property as set forth herein. AGREEMENT: NOW, THEREFORE, for a valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor grants the following easement for the benefit of the Grantee Property: 1. Easements. Grantor grants to Grantee for the benefit of the Grantee Property(i) a non- exclusive right within the Easement Area to construct, install, operate,maintain, repair and reconstruct a storm and roof water drainage pipeline(the "Pipeline") and to flow and conduct 00009/0144/2/154156.DOC 1 storm water from the Grantee Property through said Pipeline across, through and under the Easement Area, to the ponding basin located within the Easement Area, together with all rights necessary, convenient or incidental thereto, including the right of ingress and egress; and (ii) a non-exclusive easement over the Easement Area to store storm water within the ponding basin located within the Easement Area, together with all rights necessary, convenient or incidental thereto, including the right of ingress and egress. 2. Nature of the Easements. The easements granted herein are appurtenant to the Subject Properties, under which the Grantee Property is the dominant estate and the Grantor Property is the servient estate. The easements shall three(3) months after permanent storm drainage becomes available for the Grantee Property. If Grantee does not cease using the Pipeline within such period, Grantor shall have the right to redirect the storm water from the Grantee Property to the permanent facilities, and Grantee will reimburse Grantor for the costs thereof within fifteen (15) days after written request from Grantor. The easements granted herein shall attach to and run with the Subject Properties and shall benefit and burden any future owner or owners of the Subject Properties. 3. Insurance. At any time while Grantee is installing any improvements on or in the Easement Area, Grantor will maintain (and pay for) workers' compensation insurance required under state law and liability insurance covering property damage and injury or death with a minimum limit of$2,000,000.00. This liability insurance will name Grantor as an "additional insured." Before making any installations on within the Easement Area, Centex will give Grantor a certificate evidencing such insurance demonstrating compliance with the terms of this Section 2 and providing that such insurance shall not be canceled except after thirty (30) days written notice to Grantor. 4. Indemnity. Grantee shall indemnify Grantor from and against all claims or losses caused by the actions of Grantee, its agents, employees, contractors or subcontractors on the Grantor Property, except to the extent caused by the negligence or willful misconduct of Grantor or Grantor's agents, employees, contractors or subcontractors. 5. Attorneys' Fees. If any party hereto brings an action at law or in equity to enforce, interpret, or redress a breach of this Easement Agreement, the prevailing party shall be entitled to its litigation expenses and reasonable attorneys' fees incurred in addition to all other relief as may be allowed by law or in equity. 6. Entire Agreement. This Easement Agreement and its attachments constitute the entire agreement and understanding between the parties. There are no oral understandings, terms, or conditions, and neither party has relied upon any representation, express or implied,not contained in this Easement Agreement. All prior understandings, terms or conditions are deemed merged into this Easement Agreement. 7. Counterparts. This Easement Agreement may be executed simultaneously in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 00009/0144/2/154156.DOC 2 IN WITNESS WHEREOF, Grantee and Grantor have executed and acknowledged this Easement Agreement on the date(s) set out below. "GRANTEE" "GRANTOR" NE ICA HOMES, a California CENTEX HOMES, a Nevada general co oration partnership By: O� ! By: CENTEX REAL ESTATE Name: SNA Vr, I►1 iYW CORPORATION, a California Its: Vaeff ln6-�j{- Corp orati , mana 'ng general partner Executed: �-� , 2006 By: Name:3A-v iOL Executed: Q�Y\� s�J , 2006 00009/0144/2/15415 6.DOC STATE OF CALIFORNIA ) ss. COUNTY OF TULARE ) On April 25, 2006, before me, Jayne Willis,Notary Public, Personally appeared DAVID HATCH Personally known to me (or 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. WITNESS m and offci 1 seal.. L �C�v Signature , (SEAL) JAYNE WILLIS Commuon# 1534559 Notary Public-California Tulare County MYComm.&OW pec 13,2008 ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) ss. COUNTY OF FRESNO ) On-7y!4:V, v? , 2006, before me, kAQew F. earnar,,Z1 o , a Notary Public, personally appeared 0 0,0 e"- K . 9/>" f h X personally known to me - OR - [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose names(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. WITNESS my hand and official seal. KAREN E. CAMARILLO S COMM. #1393342 Not Public NOTARY PUBLIC-CALIFORNIA �Y FRESNO COUNTY w Comm.Expkes Jan.12,2007 ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) ss. COUNTY OF FRESNO ) On , 2006, before me, , a Notary Public, personally appeared , [ ] personally known to me— OR— [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose names(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. WITNESS my hand and official seal. Notary Public 00009/0144/2/15415 6.DOC LIST OF EXHIBITS Exhibit A Legal Description—The Grantor Property Exhibit B Legal Description—The Grantee Property Exhibit C Easement Area 00009/0144/21154156.DOC EXHIBIT A Legal Description of the Grantor Property 00009/0144/2/1 i4156.DOC EXHIBIT A All of Lots 1 and 2 as shown on the Map of Tract No. 4377, recorded May 31, 1994 in Volume 57 of Plats, at Pages 33, 34 and 35, Fresno County Records. Containing 14784.16 square feet or 0.3394 acres, more or less. End of Description 55�0NP` LAND S EDU RDO A. E O A, PL 772 * P. 9/30 6 * Dated Expires: 9/30/2006 L 67 2 LA Proj # 04052.00 lgTf OF b EXHIBIT B Legal Description of the Grantee Property COMM Form No.1084 Order Number: 1008- 1401396 California Land title Association Page Number: 6 Standard Coverage Policy Form(1990) SCHEDULE C The land referred to in this policy is described as Follows; Real property in the unincorporated area of the County of FRESNO, State of California , described as follows: TRACT NO. 2471, IN THE UNINCORPORATED AREA, COUNTY OF FRESNO, STATE OF CALIFORNIA, PER MAP THEREOF RECORDED JULY 26, 1973, IN BOOK 28, PAGE 19 OF PLATS, OF THE OFFICIAL RECORDS OF FRESNO COUNTY, CALIFORNIA. APN; 316-101-22 C First American Title EXHIBIT C Description and Depiction of Easement Area 0000910 14412/154156.DOC All of Lots 1 and 2 as shown on the Map of Tract No. 4377, recorded May 31, 1 vg,+ in Volume 57 of Plats, at Pages 33,34 and 35,Fresno County Records. Containing 14784.16 square feet or 0.3394 acres,more or less. 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