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Home My WebLink AboutT-6185 - Deed of Easement - FMFCD Drainage Channel Easement #2 - 10/9/2018 IIII III I IIII II II II IIII I�VIII III III I IIII I VIII I II RECORDING REQUESTED BY FRESNO County Recorder FRESNO METROPOLITAN Paul Dictos) C.P.A. FLOOD CONTROL DISTRICT DOC— 2018-0123726 AND WHEN RECORDED RETURN TO: Acct 8500—OLD REPUBLIC TITLE COMPANY — SAN FRANCIS FRESNO METROPOLITAN Tuesday, OCT 09, 2018 08:00:00 FLOOD CONTROL DISTRICT Tt 1 Pd $0.00 Rcpt # 0005088924 5496 East Olive Avenue ARG/R3/1.-7 FRESNO,CALIFORNIA 93727 --NO FEE-- — Benefit of Fresno Metropolitan Flood Control District Pursuant to Government Codes § 6103 and 27383 SPACE ABOVE TI IIS LINE FOR RIiCORI)I?RS USE.ONLY GRANT OF EASEMENT AND RIGHT-OF-WAY TH1S INDENTURE, made and entered into this day of , 20A by and between COPPER RIVER RANCH VILLAGES,LLC,a California limited liability company, as GRANTOR, and FRESNO METROPOLITAN FLOOD CONTROL DISTRICT, a 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 (the "Drainage Channel"). Grantee is constructing the Drainage Channel in conjunction with Tract 6185 to flow and conduct water through the 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 and incorporated herein by this reference. This grant of easement includes all rights necessary, convenient or incidental thereto, including, but not limited to, the right of ingress to and egress from the right-of-way and easement over and across Grantor's Property, as described in Exhibit "B" attached hereto and incorporated herein by this reference. Grantor, or its successor's, shall perform normal maintenance such as cutting grasses and weeds, 1506989v I/4496.1596 1 k:\dcsign\misc easements\2018\copper river(t6185)(dn)(dw)g�rant-casement-drainage floodway channel landscape(kjp).docx repair of concrete and asphalt, within the easement area. Neither Grantor nor its successors shall alter the grade of the Drainage Channel or place any objects within the Drainage Channel such that its capacity is reduced. In the event Grantor,or its successor's,alters the Drainage Channel and/or reduces its capacity, Grantee shall have the right to restore the Drainage Channel and Grantor, or its successor's, shall reimburse Grantee of any expenses whatsoever, including but not limited to, actual damages and costs (including attorneys' fees) incurred by Grantee in providing such restoration. IN WITNESS WHEREOF, Grantor has executed this grant the day and year first above written. "GRANTOR" 1 ;4-ed Cop Iver Rancli Villages, LLC A lifo isli > > company y Nfdbonald, President Date Form Approved by BMJ KJP April 2016 1506989v I/4496.1596 2 kAdesign\mise easements\2018\copper river(t6185)(dnj(dw)grant-easement-drainage Floodway channel landscape(kjp).docx Z Exhibit "A" Legal Description of Easement Sheet 1 of 2 That portion of Outlot Q of the Amending Map of Tract No. 5205, according to the map, recorded in Volume 76, pages 46 through 70, Fresno County Records, described as follows: BEGINNING at the most Northwesterly corner of Lot 26 of Tract 6185, recorded in Volume gS , pages 3I_ and 3 2- of Plats, Fresno County Records, also being a point along the boundary line of Outlot A of said Tract 6185; thence South 44101'05" East along the common boundary line of said Outlots A and Outlot Q, a distance of 6.02 feet; thence South 41021'47" West, a distance of 157.08 feet; thence South 57029'45" West, a distance of 58.22 feet to the intersection with the boundary line of said Outlot Q, also being a point along a non-tangent curve; thence Northwesterly along said non- tangent curve, concave to the Southwest, whose radius point bears North 37047'36" East, having a radius of 150.00 feet, through a central angle of 2027'14", an arc distance of 6.42 feet to the most Southerly corner of Lot 24 of said Tract 6185; thence North 57029'45" East along the boundary line of Lots 24 and 25 of said Tract 6185, a distance of 59.66 feet; thence North 41021'47" East along the boundary line of said Lots 25 and 26, a distance of 156.71 feet to the Point of Beginning. Contains an area of 1,295 square feet, more or less. i FSS/ C7 Y �n No.26996 s4 4 It 110 CIY11. F h• 3 EXHIBIT " A" TRACT 6185 SHEET 2 OF 2 '00%. OA- c •o 26 SCALE: 1" = 60' 25 �A 24 QROF E SS/ r f �. F rn No.26996 ,L=2'27'14" 55�boo`L� / �T. C.�ut.1. R=150.00' c-, ,e . �\�G': L=6.42' W o 4) NORTH WWI* Q AMENDING MAP OF 'lRAC'I' 5205 VOLUME 76 OF PLRIS, PAGES 46-70 F.C.R. KEY MAP INDICATES AREA DEEDED PREPARED BY: TO FMFCD FOR A GARY G. GIANNETTA DRAINAGE CHANNEL CIVIL ENGINEERING & LAND SURVEYING EASEMENT iiia g' sra�r AREA = 1.295 S.F. romo. CA 93M (559) zea-sago FAX (669) ze4-0e9e 41 Exhibit "B" Legal Description of Parcel Outlot Q of Amending Map of Tract No. 5205, according to the map, recorded in Volume 76, pages 46 through 70, Fresno County Records. ��QROFESS/ ql rA w A 0.26996 (it Oe ` ,� CrOv P 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 April 11, 2018 before me, Andrea Ann McFadden, Notary Public (insert name and title of the officer) personally appeared Gary McDonald who proved to me on the basis of satisfactory evidence to be the personWwhose nameW is/,are subscribed to the within.instrument and acknowledged to me that he/54/tJGey executed the same in hisAXrr/thy authorized capacity), and that by his/I}tr/fir signature{ ) on the instrument the person/, or the entity upon behalf of which the personXacted, 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 ANDREA ANN MCFADDEN WITNESS my hand and official seal. NOTARY PUBLIC-CALIFORNIA c^3 ® COMMISSION#2229445 E' FRESNO COUNTY ` My Comm.Exp.January 31,20.22 ![ Signature;7JALA �_Mh-� ) " (Seal) 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 April 11, 2018, from Copper River Ranch Villages, LLC 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. i I Fresno Metropolitan Flood Control District, a California public corporation I . Dated: f By: y Ian Hofmann General Manager-Secretary coa-land-ahotinann 1