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Home My WebLink AboutT-6030 - Deed of Easement - FMFCD Storm Drain - 6/7/2018 FRESNO County Recorder Paul Dictos, C,P,A, Recording Requested by: DOC— 2018-0067129 Acct 8002—Old Republic Title CONCORD Fresno Metropolitan Flood Thursday, JUN 07, 2018 08:00:00 Control District Tt 1 Pd $0.00 Rcpt # 0005010068 ARG/R3/1-7 And when Recorded, Mail to: Fresno Metropolitan Flood Control District 5469 East Olive Avenue Fresno, CA 93727 No F«- &C to 1031 2_73sr3 GRANT OF EASEMENT AND RIGHT-OF-WAY THIS GRANT OF EASEMENT AND RIGHT-OF-WAY, is made and entered into this A:Nay 1�eee,n, ems, 2017 by and between Fowler Development Company, Inc., a California Corporation, as Grantor, and Fresno Metropolitan F1ood'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. 1737766v1/4496.1593 1 k:\desio\mist easements\2017\gvm(t6030 bs)(gc)grant of easement and row pipe(approved kjp)l0-2015.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 Ease>nent, 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" Fowler Development Company, Inc., a California Corporation Darius Assemi, Senior Vice-President Date 1737766x1/4496.1593 2 kAdesignUnisc easements\2017\gvin(t6030 bs)(gc)grant of easement and row pipe(approved kjp)10-2015.docx _V EXHIBIT "A" Sheet 1 of 2 Legal Description of Easement That portion of Outlot C of Tract No. 6030, recorded in Volume O O , pages / and 140 of Plats, Fresno County Records, described as follows: BEGINNING at the Southeast corner of Parcel C of Parcel Map 2005-33, recorded in Book 68 of Parcel Maps, Pages 86 and 87, Fresno County Records, also being a point along the North boundary line of said Tract No. 6030 and the Southwest corner of an easement deeded to Fresno Metropolitan Flood Control District, recorded July 23, 2008 as Document No. 2008-0104800, Fresno County Records; thence North 89°38'18" East along said North boundary line of said Tract No. 6030 and along the South line of said easement, a distance of 15.00 feet; thence South 00121'42" East, a distance of 13.50 feet to the intersection with the South line of said Outlot C; thence South 89038'18" West, along the South line of said Outlot C, a distance of 15.00 feet; thence North 00021'42" West, a distance of 13.50 feet to the Point of Beginning. Contains an area of 203 square feet more or less. EXHIBIT '$A'$ SKETCH OF EASEMENT SHEET 2 OF 2 PARCEL MAP N4. 2005-33 BOOK 68 ^..F PARCEL MAPS, PGS. 86 & 87 F.C.R. \� NORTH BURL EXISTING FRESNO METROPOLITAN THE SOUTHEAST CORNER OF AVENUE FLOOD CONTROL STORM DRAIN PARCEL C OF PM 2005-33 EASEMENT, RECORDED JULY 23,/ BOOK 68 OF PARCEL MAPS, 2008 AS DOCUMENT NO. QJ PGS. 86 AND 87, F.C.R. 2008-0104800 / PARCEL C \ N 89'38'18" E PARCEL D POINT OF BEGINNING 15.0 OUTLOT C N 00'21'42" W----w S 00'21'42" E TRACT 6030 13.50' 13.50' S 89'38'18" W 15.00' EAST AMHERST AVENUE LOCATION MAP EAST SHIELDS AVENUE EASEMENT LOCATION � w D w iQ z 0 ® I � rK Q � rK SCALE: 1" = 20' EAST CLINTON AVENUE LEGEND: PREPARED BY: ---- EASEMENT LINE 111 9 S"STREET FRESNO, CA. 93721 PROPERTY LINE (559) 264-3590 INDICATES EASEMENT TO BE DEDICATED TO FMFCD FOR STORM DRAIN PURPOSES. RECORD OWNER' CONTAINS AN AREA OF 203 SQ. FT. FOWLER DEVELOPMENT COMPANY, INC., EXISTING FRESNO METROPOLITAN FLOOD CONTROL STORM DRAIN EASEMENT, A CALIFORNIA CORPORATION ® RECORDED JULY 23, 2008 AS DOCUMENT NO. 2008-0104800 WEST HERNDON AVENUE X101 11/21/17 FRESCA 93711 EXHIBIT "B" Legal Description of Property Q Outlot C of Tract No. 6030, recorded in Volume 0 0 , pages / and of Plats, Fresno County Records. .J CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 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 On I , —2 'R--(:4- before me, e — i Date a Insert Name and of the Officer Abri G personally appeared .SS ersd j Name�o of Signer(,' who proved to me on the basis of satisfactory evidence to be the person(!) whose name is/Pj;6 subscribed to the within instrument and acknowledged to me that he/skeAbep-executed the same in his/12 FtAsil authorized capacity�Lsrand that by his/cif signature*on the instrument the person), or the entity upon behalf of which the persono 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. STACY-ANN TERRY-ANN BEN TON WITNESS my hand and official seal. Commission#2100824 Notary Public-California i Fresno County M Comm.Expires Feb 21,2019+ Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee I-1 Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02016 National Notary Association -www.NationalNotary.org - 1-800-US NOTARY(1-800-876-6827) Item #5907 1Y• 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 November 28, 2017, from Fowler Development Company, 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: Z 7 By � Alan Hofmann General Manager-Secretary coa-land-ahof nann l