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Home My WebLink AboutT-6135 - Deed of Easement - FMFCD Drainage Channel Easement - 8/30/2018 IIII III I IIII II II II IIII II I III Ili IIII I IIII II I Recording Requested by: I I III I Fresno Metropolitan Flood FRESNO County Recorder Control District Paul D i ctos, C.P.A. DDC— 2018-0106680 And when Recorded,Mail to: Acct 8500--OLD REPUBLIC TITLE COMPANY - SAN FRANCIS Thursday, AUG 30, 2018 08:00:00 Fresno Metropolitan Flood Tt 1 Pd $0.00 Rcpt # 0005065598 ARG/R3/1-7 Control District 5469 East Olive Avenue Fresno, CA 93727 5C rMp,, FRaak ReCOROfKG rcr-z ;SCR Cav Co 4.f 6103 GRANT OF EASEMENT AND RIGHT-OF-WAY THIS INDENTURE, made:and.entered into,this 2 may.-of 20-t-I by and between NORMAN KIZIRIAN AND PAMELA S. KIZIRIAN, Husband and Wife as joint tenants, as GRANTORS, and FRESNO METROPOLITAN FLOOD CONTROL DISTRICT, as 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 to construct, install, operate, maintain, repair, and reconstruct a drainage channel, which drainage channel shall consist of curbs, gutters and street improvements. Grantee is constructing such improvements in conjunction with Tract 6135 as described herein, to flow and conduct water through said drainage channel, across, over, through, that real property owned by Grantor in the County of Fresno, State of California described in Exhibit "A" attached hereto. This grant of easement includes all rights necessary, convenient or incidental thereto including the right of ingress thereto and egress therefrom said right-of-way and easement over and across adjoining real property now owned by Grantor as described in Exhibit `B" attached hereto. Grantor, or its successor's, shall perform normal maintenance such as cutting grasses and weeds,repair of concrete and asphalt,within the easement area. Neither Grantor nor its successors, shall not alter the grade of the Channel or place any objects such that the capacity of said Channel 1506989v1/4496.1596 1 kAdesign\misc easements\20l7Ucizirian(t6135 de-dn)grant-easement-drainage floodway channel(bn).doex is reduced. In the event Grantor, or its successor's,alters the Channel and/or reduces the capacity, the District shall have the right to restore said Channel and Grantor, or its successor's, shall reimburse District of any expenses whatsoever, including but not limited to, actual damages and costs(including attorneys' fees) incurred by District in providing such restoration. IN WITNESS WHEREOF, Grantors have executed this grant'the day and year first above written. "GRANTOR" NORMAN AN and PAMELA S KIZIRIAN Husband ife as joint to is 31b'0 ,11 30 lNV10�% ZIRIA Date z- y By: � a? / S�L /CH - PAMELA S. KI I N Date � A 1 T IJCHED ',)OTA,' L CCkTI, OA TF Form Approved by BMJ KJP July 2014 1506989v 1/4496.1596 2 kAdesign\misc easements\2017\kizirian(16135 de-dn)grant-easement-drainage floodway channelft).docx . Y 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��►� C� ) On Z2 �/� before me, Carleen K. Fondren, Notary Public (insert name and title of the officer) personally appeared rinat J 1-1I z i rl,a-i kliz_ I r/GZ 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. a•o..,.sem CARLEEN K.FONDREN NOTARY PUBLIC•CALIFORNIA I'; .�^ COMMISSION#2109014 E' WITNESS my a o ficial seal. I.',.�m % FRESNO COUNTY '+ My Comm.Exp.May 24,2019 Signature (Seal) EXHIBIT "A" Legal Description of Easement Sheet 1 of 2 That portion of Outlot B of Tract 6135, recorded in Volume 8g, pages and of Plats, Fresno County Records, described as follows: BEGINNING at the most Northeasterly corner of said Outlot B of said Tract 6135 also being a point along the boundary line of Outlot A of said Tract 6135; thence Southerly along the boundary line of said Outlots A and B, also being a non-tangent curve, concave to the East, whose radius point bears South 79123'12" East, having a radius of 40.60 feet, through a central angle of 51138'14", an arc distance of 36.59 feet; thence North 63006'15" West, a distance of 41.48 feet to the intersection with the boundary line of said Outlot B also being the boundary line of Outlot A of Tract 5903, recorded in Volume 83, pages 36 and 37 of Plats, Fresno County Records, and the beginning of a non-tangent curve; thence Northerly along last said non-tangent curve, concave to the West, whose radius point bears North 61°04'19" West, having a radius of 40.60 feet, through a central angle of 39004'03" an arc distance of 27.68 feet; thence South 63052'05" East along the boundary line of said Outlot B, a distance of 25.93 feet the Point of Beginning. Contains an area of 742 square feet more or less. SOF E_S vo' LU o.26996 L 2l EXHIBIT "A" TRACT 6135 SHEET 2 OF 2 IRAC'f No. 5503 WLUME 83 COW PLA75, RADIAL DIRECTION PAGES 36 & 37, F.C.R. R1 S 48'58'33" W R2 S 61'04'19" E 3 R3 N 79'51'38" E `= R4 N 79'23'12" W TRACT 6135 OUTLOT C S q R3_ R4 - ot /ry j T Z \ O \ �O \ a 4 SCALE: 1" = 30' O \ o \ VICINITY MAP `zOFESS03 q LOCATION TRACT 6135 �? NUMBER DIRECTION DISTANCE N0.26996 8� L1 N 63'06'15" W 41.48' N.r.s. to� ?!4 <<� L2 S 6352'05" E 25.93' EAST COPPER AVENUE i;HCURVE DELTA RADIUS LENGTH Cl 51'38'14" 40.60' 36.59' C2 39'04'03" 40.60' 27.68' PREPARED BY: NOTE: GARY G. GIANNETTA INDICATES AREA DEEDED TO FMFCD CIVIL ENGINEERING & LAND SURVEYING FFAREMENT NAGE CHANNEL 1119 'I' STEW >Z=o, as asp AREA = 742 S.F. (559) W4_3= FAX (W9) M—OM DATE: 11/01/17 EXHIBIT "B" Legal Description of Parcel Outiot B of Tract 6135, recorded in Volume , pages 20,2 and .2 of Plats, Fresno County Records. oQROFESS/p w 7 rte*+ .26996 Lt4f0� 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 December 2, 2017, from Norman Kizirian and Pamela S. Kizirian., 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. ID Fresno Metropolitan Flood Control District, a California public corporation Dated: 1-2, 5//7 By: 442L Alan Hofmann General Manager-Secretary coa-land-ahoGnann