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Home My WebLink AboutT-6177 - Deed of Easement - FMFCD Storm Drain - 6/21/2018 RECORDING REQUESTED BY, FRESNO County Recorder AND WHEN RECORDED, MAIL TO: Paul Dictos, Ci PA DOC— 201B-0073555 FRESNO METROPOLITAN FLOOD Acct 8003-North American Title Concord CONTROL DISTRICT Thursday, JUN 21, 2018 08:00:00 5469 East Olive Avenue Ttl Pd @ 00 ARG/R30/11-78 6 Fresno, California 93727 --NO FEE-- Benefit of Fresno Metropolitan Flood Control District Pursuant to Government Codes § 6103 and 27383 GRANT OF EASEMENT AND RIGHT-OF-WAY THIS INDENTURE.,, made and entered into this __q day of of , 20f?, by Ij and between LENNAR HOMES OF CALIFORNIA, INC., as Grantor, and the FRESNO METROPOLITAN FLOOD CONTROL.DISTRICT,a public corporation in the County of Fresno, State of. California, as Grantee; WITNESSETH: Grantor, for good and valuable consideration, does hereby grant to Grantee a perpetual and exclusive easement to construct, install, operate, maintain, repair, and reconstruct an underground storm drainage pipeline and a surface drainage channel, and to tlow and conduct water through said underground storm drainage pipeline and surface drainage channel, across, over, and through that real property owned by Grantor in the County of Fresno. State of California described in Exhibit "A" attached hereto, together with all rights necessary, convenient or incidental thereto, including the right of ingress to and egress from said right-of.--way and easement over and across adjoining real property now owned by Grantor as described in Exhibit "B" attached hereto. No structures, personal property, trees, shrubs, or other items which could impede flowage shall be within said easement. Grass, stones, concrete, asphalt or similar surface materials may be placed therein so long as they do not impede flowage. District shall not be obligated to repair any damage to Grantor's property unless Such damage has been caused by the negligence or willful misconduct of its employees, agents or independent contractors. 1 k:\design\mise eascmcnts\'-)018\lcnnar(t6177 ck)(rl)grant-casement-channel and pipeline revised 5-30-06.docx Grantor shall perform normal maintenance of said easement, including, without limitation, cutting grass, and repair of any concrete or asphalt. Grantor shall not alter the grade of the Drainage Channel or reduce its capacity. in the event Grantor alters the grade of the Drainage Channel reduces its capacity or otherwise violates its obligations hereunder, the District shall have the right, but not the obligation, to remediate said Drainage Channel, and Grantor shall reimburse District for any expenses incurred by District in doing so. In addition, Grantor shall: a) Pay all costs associated with the installation of the Drainage Channel, and any removal thereof. b) Perform all maintenance and repairs required to keep the Drainage Channel in good condition. C) Reimburse the District for any and all costs incurred by the District for the maintenance or repair of the Drainage Channel within fifteen (15) days of the date of District's invoice therefor. d) 't'he Grantor hereby grants to District the right to record liens on its property as described in Exhibit "B" hereto for any costs incurred by District under this Grant of Easement and not reimbursed by Grantor. This agreement constitutes a covenant running with the land burdening Grantor's real property as described in Exhibit "B" hereto and binding on Grantor's successors-in-interest therein. It shall benefit the .District's lands as shown on its Storm Drainage Master Plan. iN WiTNESS WHEREOF, Grantor has executed this Grant the day and year first above written. "GRANTOR" Lennar iIomes of California, Inc. Mike M1t1er, Vice President DATE k:\design\mise easements\201Klennar(16177 ck)(rl) rant-easement-channel and pipeline revised 5-30-06.docz 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 May 9, 2018 before me, Christine Collins, Notary Public 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 a -® Notary Public -California i Z ' Fresno County r Signature (Seal) My Comm. Expires Nov 7,2019 r l 3 EXHIBIT "A" Sheet 1 of 2 LEGAL DESCRIPTION Storm Drain and Channel Easement Being a portion of the Southwest quarter of the Northeast quarter of Section 34, Township 13 South, Range 19 East, Mount Diablo Base and Meridian, according to the Official United States Government Township Plat thereof, in the City of Fresno, County of Fresno, State of California, described as follows: COMMENCING at the East quarter corner of said Section 34, Township 13 South, Range 19 East; THENCE South 89'39'12" West, 1314.02 feet to.the Southeast corner of Tract Number 6177 as recorded in Volume of Plats at pages of Fresno County Records; THENCE along the East line of said Tract Number 6177, North 01'10'21" West 1318.04 feet to the Northeast corner of said Tract Number 6177, said point being the Northeast corner of Lot 17 of said Tract Number 6177 and the Northwest corner of the Grant of Easement.and Right-Of-Way to Fresno Metropolitan Flood Control District recorded as Document Number 2006-0190928, Official Records Fresno County, said point being the TRUE POINT of BEGINNING of this description; THENCE leaving said East line, along the common line between said Lot 17 and Lot 16 per said Tract Number 6177, South 42°24'51" West, 147.37 feet to the Northwest corner of said Lot 17, point being on the East right-of-way line of North Barcus Avenue and the beginning of a non-tangent curve to the right, concave to the Southwest to which point a radial line bears North 57°12'05" East, having a radius of 50.00 feet; THENCE along said curve to the right an arc distance of 22.82 feet through a central angle of 26°09'00" to which point a radial line bears North 83°21'05" East; THENCE leaving said East right-of-way line of North Barcus Avenue Northeasterly and parallel with said North common line of Lot 17 and 16,North 42°24'51" East, 136.19 feet to said East line of Tract Number 6177 and the West line of said Grant of Easement; THENCE along said East line and said West line North 01'10'21" West, 29.56 feet to the TRUE POINT of BEGINNING. Containing an area of 2,816 square feet, more or less. ` 3 PL LAND C-2 w A Y NF SG'p` it IT d U `t) � 7 � I , No. 8154 9TF OF CAOF(9<' F:\2016\16422\dwg\Exhibits\Lcgal Descriptions\16-422_Stonn Drain Pipeline Easement-LGL-rec.docx VICINITY-MAP:.NOT`TO SCALE : :: ;.. •:,:.: . WEST MCKINLEY..AVENUE W. Lu STORM:DRAIN' AND CHANNEL 'FD 314'! z. . '. TRACT NO.' 5137. :X 30 IRON PIPE EASEMENT Q VOL.. :72-'OF PLATS; : UP .4 IN 6 .DIAMETER X . -_ .. . PGS.: 34—.38, F.C.R. "30 P.C.C. :.MONUMENT, . . x �. DOWN 6" .TAGGED; LS 8204 oz. . . .. - 25 17 RUE POINT"0 WEST OLIVE:AVENUE.. BEGINNING. FMFCD EASEMENT.PER DOC..N0:. • • - - - .. . - ,.. 06=0190928,:O.R:F:C.::'. .,;;.; ;. • . _ ;;: .•._-•;16:.: .:: . ��.• • : .:. ,;:WEST LINE OF.FMFCD` EASEMENT N01'10'21"W,-29.56' :'SCALE.-,. •�LJ` '.40.' 80' 160': � :�, PARCEL 4 �� :.. PM.�4339 TRACT N0.•:6177 R1 �, z- :, ' , o, - . BK:. 28;. PG. VOL.' OF PLATS, p`li: WEST FLORADORA .: C1 PGS: F.C.R: AVENUE 17• .. Q. R2 . - •�CURVE TABLE z . CURVE: . RADIUS : DELTA LENGTH. oo C1... 50.00': 26'09'00" 22:82'.; . a 21 18 RADIAL -TABLE m . I. LINE' BEARING m N57'12�05"E 1.9: POINT OF .. R2. N83'21'05"E COMMENCEMENT 1314:03'.- WEST OLIVE:AVENUE i j,4:02' N89'39'12"E 2628.05: - ENTER .1/4 SCORNER BASIS':OF BEARINGS. SECTION. 34 -.T.13S.;;R:.19E:, FOUND. 'SCRIBE ON .MANHOLE., `.: EAST .1/4'CORNER. OF VERIFIED 'POSITION.PER TIES'. :SECTION"34 T.13S.; .R.19E.� M.D.B.&M.,: ON. CR 2918.. FOUND, FRESNO COUN.TY,BRASS CAP''. � .. MONUMENT IN :HANDWELL PER .CR BASIS,OF BEARINGS' 2x16 -THE GEODETIC .OBSERVATION OF THE.SOUTH LINE`OF .THE NORTHEAST QUARTER;.OF SECTION 34; TOWNSHIP..-13 SOUTH.,.RANGE,19,:EAST,:.MOUNT.. '. O�pL ,LAND S DIABLO BASE AND MERIDIAN.- TAKEN TO.,.BE NORTH,89'39`12";EAST:...': G LEGEND. : NOTES. fig.. y W A. :NF,• L AREA T0;BE-'DEDICATED FOR`:` STORM `DRAIN AND:.CHANNEL... 1). BEARINGS AND• DISTANCES SHOWN HEREON EASEMENT PURPOSES. ARE.RECORD..,PER. TRACT NO. 6177... : i4REA .= 2;8.16± -SQ.;...FT. RECORDED.IN,VOLUME•:�{ OF PLATS,• AT F.C.R. FRESNO COUNTY. RECORDS': ; PAGES. THROUGH-��..F.C.R.: s`Tq. Nb.:.8154 ' �Q O.RF.C:- 'OFFICIAL.RECORDS FRESNO:.COUNTY. .. TF OF.CA��F FMFCD.:. FRESNO METROPOLITAN. FLOOD. CONTROL.DISTRICT.' = lo CITY OF. FRESNO PLANNING 'AND'-:DEVELOPMENT SERVICES: :: -YAMABE: & MORN: ExHieiT.`�,A». Di:By. 'ROW YHibb:Na:' STORM::DRAIN.t.AND_CHANNEL : ,. . . .. .• :.FB Na . ENGINEERINGy: INC " Ch,er. cwt EASEMENT FOR . . 2985 N:...BURL AVENUE. ..-. TRACT..;.N 9.'-6177 Deter• OV081" Stwt Na 2 SUrrE 101 'TEL.(559).944-3123 : FRESNO- :CA 93727 FAX'(559)'.244:3120 ... . . SC9/Q AS.NOf9d..: O/-. 2':. $l1BetS ; EXHIBIT "B" LEGAL DESCRIPTION OF PARCEL Lot 17 of Tract 6177, as recorded in Volume&2 of Plats, Pages -* of Fresno County Records. N-/'7 k:\design\mise easemenis\)01Klennr(t6177 ek)(rl)grant-easement-channel and pipeline revised 5-30-06.docx b 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 May 9, 201.8, 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: JL' Jb By: Alan Hofinann General Manager-Secretary coa-land-ahotniann