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HomeMy WebLinkAboutT-6222 - Deed of Easement - FMFCD Storm Drain Easement - 12/14/2018 RECORDING REQUESTED BY 2018-0148777 FRESNO METROPOLITAN FRESNO County Recorder FLOOD CONTROL DISTRICT Paul Dictos, CPA Friday, Dec 14, 2018 08:00:00 AM AND WHEN RECORDED RETURN TO: CONFORMED COPY FRESNO METROPOLITAN FLOOD CONTROL DISTRICT Copy of document recorded. 5496 East Olive Avenue Has not been compared with original. FRESNO,CALIFORNIA 93727 --NO FEE-- Benefit of Fresno Metropolitan Flood Control District Pursuant to Government Codes § 6103 and 27383 SPACE ABOVE THIS LINE FOR RECORDERS USE ONLY 1L I z GRANT OF EASEMENT AND RIGHT-OF-WAY 0 0 THIS GRANT OF EASEMENT AND RIGHT-OF-WAY, is made and entered into LU W et UJ this IF day of Q�fo 66y_ , 20tKby and between KB Home Sacramento, Inc., a California .O. corporation, as Grantor, and Fresno Metropolitan Flood 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 I 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. 1737766v 1/4496.1593 1 Ic\design\misc easements\201ftb home(t6222 bm)(dw)grant easement-row(approved kjp)10-2015,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 Easement, 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" KB Home Sacramento Inc., a California corporation �U By: IIJ7111 Leo Pantoja, cer'President Date Land Dev en and Forward Planning 1737766v I/4496.1593 2 Udesign\mise easements\2018\kb home(t6222 bm)(dw)grant easement-row(approved kjp)10-2015.docx CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 �$�f9!'�'7�r-.�tif_��1 '�4��S�YL#4�4S:�S���4 i�§47?Af�','�'��%'�.iY4F�'t�� '�S°.�1�!4`r$�i��.s��� '.�.i�'��i�+'f�4.;•4Te':��9��'F{4,'�'s?f `f`..'-: 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 P L QCPX On 10/19/201,6 ..... before me, �Cdi7'it�i'l _a ,fte-fne UilW, NOM q ryW c, Date Here Insert Name and Title of the fficer personally appeared Lto Panfia r _ v Name(s)of Signer(s) 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 s SAMANTHA SEE-INE LAW I paragraph is true and correct. Notary Public-California z Placer county Commission#2245971 WITNESS my hand and official seal. My Comm.Expires Jun 21,2022 Signature Ff Place Notary Seal and/or Stamp Above Signatu of Not ublic OPTIONAL -- Completing this information can deter alteration of the document or fraudulent reattachment of this form to on unintended document. Description of Attached Document Title or Type of Document: Document Date: T2 Number of Pages: 5 Signer(s) Other Than Named Above: N IAl Capacity(les) 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 of Conservator ❑ Trustee ❑ Guardian of Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: .............. 02017 National Notary Association Exhibit "A" Easement The North 15.00 feet of Lot 141 of Tract 6222 recorded in Volume b0of Plats, at Pages Z&and 1/?of official records, Fresno County. Together with the South 10.00 feet of Lot 140 of Tract 6222 recorded in Volume hof Plats, at Pages L10and Y'/of official records, Fresno County. Containing 3,800 square feet, more or less. ONpt LAND �y5�Pn R. WEr G,p� cc a NO,T773 �rFDF CA11F�Q Sheet 1 of 2 HAMIL TON A VENUE SCALE: 1"=30' TRACT 6222 V Z W Q j 140 °' W cc Q ' 1i� � 10 25' FMFCD V EASEMENT 77 71 o 14115' •152.00' r----- —i AREA TO BE DEDICATED TO FMFCD FOR �- -----� STORM DRAIN EASEMENT PURPOSES Np4 LAND CONTAINS AN AREA OF 3,800 SQ. F. MORE OR LESS N07 EXHIBIT "A" 2 fi pAL�Fa��`� SHEET 2 OF A" LOTS 140 & 141 OF TRACT 6222 FMFCD STORM DRAIN EASEMENT EXHIBIT "B" PROPERTY Lost 140 and 141 of Tract 6222, according to the map thereof recorded in Volume of Plats at Pages Yj through 147, Fresno County Records. NAL LANA z NO.7773 OF CA11F�4 Sheet 1 of 1 A CERTIFICATE OF ACCEPTANCE i 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 October 18, 2018, from KB Home Sacramento, 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: 1104'S11 01--- B f lan Hofmann General Manager-Secretary coa-land-ahofmann