Loading...
HomeMy WebLinkAboutT-6124 - Deed of Easement - FMFCD Storm Drain Easement - 12/20/2016 Recording Requested by: ------------- ---- - Fresno Metropolitan Flood IIII III I IN 111111 IN 111111111111111111111111111 Control District FRESNO County Recorder And when Recorded, Mail to: Paul Dietos, C.P.A. DOC— 2016-0174006 Fresno Metropolitan Flood i Acct 8017-First American Title - Fresno SPL Control District Tuesday, DEC 20, 2016 08:00:00 5469 East Olive Avenue Ttl Pd $O 00 RGRt/R4�/�1677916 Fresno, CA 93727 GRANT OF EASEMENT AND RIGHT-OF-WAY THIS INDENTURE, made and entered into this 'Y day of Dec eft, 2r- 20by and between CENTEX HOMES, a Nevada general partnership, as GRANTOR, and FRESNO METROPOLI'T'AN FLOOD CON'T'ROL 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 (the "Drainage Channel"). Grantee is constructing the Drainage Channel in conjunction with Tract 6124 to flow and conduct water through the Drainage Channel, across, over, though, 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 l]xhibit "B" attached hereto and incorporated herein by this reference. 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 alter the grade of the Drainage Channel or place any objects within the Drainage 1506989V 1/4496.1596 1 kAdcsign\mise casements\20I6\centex homes(t6124 bm)(mw)grant-casement-drainage Iloodway channel 1a11dscape(kjp).docx 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" Centex Homes, A Nevada general partnership By: Centex Real Estate Corporation A Nevada corporation, Managing Partner �ILAt- Gregory Dam Date Vice President of Land Planning and Development Form Approved by BMJ KJP April 2016 1506989V I /4496.1596 � k:\design\mise easements\2016\centex hontes(t6124 bm)(m%v)grant-easement-drainage tloodwav channel landscape(kjp).docx EXHIBIT "A" LEGAL DESCRIPTION Channel Easement The Southerly 23.00 feet of Lot 87 of Tract No. 6124, in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded in Volume BGof Plats at Pages"through a Fresno County Records. Containing 3,333 square feet, more or less. AND�� D/ S& �G i -4 o , o P.L.S. 5277 70 i F CA Page 1 of 2 3 EXHIBIT " A" EAST CALIFORNIA AVENUE z 87 CENTERLINE OF SOUTH I SECTION LINE. TEMPERANCE AVENUE. I a 1 W z a 62.00' U o 1 J N O r O I w 0 M N I 86 1 W E O�`'O -� � G 85 ��,� Q G°� � E- SCALE 1" = 40' LEGEND N L LA/VO ® INDICATES AREA TO BE DEDICATED TO FRESNO METROPOLITAN FLOOD CONTROL DISTRICT FOR CHANNEL EASEMENT PURPOSES. J• D/k 'QL AREA: 3,333 SQUARE FEET +/- 0 .4 OWNER: CENTEX HOMES af P.L. 5277r I � APN: 316-160-74 " .� 0' 40' 80' 120' \Q' (2•0(•l "' F cAY PREPARED BY: DATE:Aug. 10, 2016 SCALE: 1• = 40' PORTION LOT 87 OF TRACT No. 6124 DIXON & ASSOCIATES O: 5-036R • INC.• W0: OS-036 / 6124 RECORDED IN VOLUME __ OF PLATS AT LAND SURVEYING REVISIONS: PAGES __ THROUGH FRESNO COUNTY Dec. 1, 2016 RECORDS, TO BE DEEDED TO FRESNO 620 DEWITT, #101 = METROPOLITAN FLOOD CONTROL DISTRICT CLOVIS, CALIFORNIA, 93612 PAGE FOR CHANNEL EASEMENT PURPOSES. PH: (559)297-4200 FAX: (559)297-4272 2 GES OF 2 PA �-1 EXHIBIT "B" LEGAL DESCRIPTION Lot 87 of Tract No. 6124, in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded in Volume $(sof Plats at Pages, through5&Fresno County Records. J D ��p Z- 0 o a P. 577 CA`\Fo���P 5 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 0_,jW,&L,27 j� 20 efore me, OC , Date HereIf sert Name and Title of t Officer personally appeared S. 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 paragraph is true and correct. CAROL PETERSON WITNESS my hand d official sea Commission 12135928 Notary Public-California = Placer County 9 Signature ell�/,,Wc M Comm.Expires Dec 7.2019 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: lg a77 fGS�me^ Document Date: No C(04-e Number of Pages: S- Signer(s) OtOar Than Named Above: DO 0-4%4� !S L�jn t?VS Capacity(ies) Clai d by Signer(s) Signer's Name: lj--' Signer's Name: ❑ Corporate Officer — Tille(s)Q ❑ Corporate Officer — Title(s): ❑ Partner — 1-1 Limited ❑ General ❑ Partner — ❑ Limited ❑ General L3. Individual ❑Attorney in Fact ❑ Individual 1-1 Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee 17 Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 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 7, 2016, from Centex Homes, 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: By:4K�L Lklma4_� Alan Hofmann General Manager-Secretary coa-1 and-aho fmann