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021-401-03 500 Fallen Leaf Road Amd to Grant of Easement iiii��i i i��i�i i�iii��ii�ii�i��iiiii��ii��iii��i�i � ` E1 Darado, County Recorder RECORDING REQUESTED BY i�illiam Schultz Co Recorder Office AND WHEN RECORDED MAIL TO: p��_ 2�18-0023657-0@ Acct 110-CITY OF SO LAKE TAHOE South Tahoe Public Utility District Wednesday, JUN 20, 2018 10:51:41 1275 Meadow Crest Drive Tt 1 Pd $0,0@ Rcpt # @001943087 South lake Tahoe, CA 96150 MMFICl/1-7 Attn: General Manager THIS SPACE RESERVED FOR RECORDER ONLY Gov. Code 27361.6 No Fee Per Government Code, § 6103 No Document Transfer Tax per Rev. &Taxation Code, § 11922 AMENDMENT TO GRANT OF EASEMENT This Amenc#ment ta Grant of Easement t"Amendment") is made and entered into on this � � day af �-'1 E�`� , 2018, by and betw��n B� � H Fatlen Leaf Ca�in LLC ("Grantor") and the South Tahoe Public Utility District, a California public agency formed in 1950 pursuant to the Public Utility District Act (°`DistricY'), at South Lake Tahoe, EI Dorado County, California, with reference to the following facts and intentions: A. Grantor is the owner of certain real property and improvements ("Property") located in the Fallen Leaf Lake area, at 500 Fallen Leaf Road, which is in an unincorporated area of the County of EI Dorado, State of California, Assessor Parcel Number 021-401-03, and is more particularly described in the attached Exhibit A, which is incorporated by the reference; B. Grantor's predecessor-in-interest and the District entered into a Grant of Easement ("Easement"), dated February 9, 1979 and recorded on October 23, 1979, as document number 1979-49533, in the official records of the EI Dorado County; C. The purpose of the Easement was to allow the District to install underground sewer lines and a vacuum pump station on the Property in order for the District, in connection with other facilities, to provide reliable sewer service to the properties in the Fallen Leaf Lake area. The existing vacuum pump station equipment is failing and has become obsolete and unreliable and must be replaced. The new pump station control equipment cannot be placed underground; D. Grantor agrees to: (a) allow the District to replace the existing belowground vacuum pump with an electrical pump and construct an aboveground control panel and standby generator, all within the Easement; and, (b) confirm the legal description of the Easement since it cannot be located with certainty due to the imprecision of existing Easement legal description. E. The Grantor and the District desire to amend the Easement pursuant to the terms and conditions of this Amendment. 54261.1:7445.1 5/18/2018 11305020.1 NOW, THEREFORE, the parties agree as follows; 1. Scope of Use. The Easement is amended to specifically allow the District to install, construct, replace and maintain a new electrical pump and related facilities belowground and new pump station control equipment and a standby generator aboveground ("Aboveground Facilities"). The District shall enclose the Aboveground Facilities in a manner that is consistent with the existing buildings and facilities either on the Property or in the immediate area of the Property. The Aboveground Facilities shall be located within an area described on Exhibits B and C. 2. Leqal �Description. The legal description of the Easement is amended in its entirety to read as described in the legal description and map in the attached Exhibit B, which is incorporated by the reference. 3. Counterparts. This Amendment may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same instrument. 4. Force and Effect. Except as modified above, the Easement shall continue in full force and effect. In the event of a conflict between this Amendment and the Easement, the terms and conditions of this Amendment shall control in all respects. 5. Authoritv. The individuals executing this Amendment represent and warrant that they have the authority to enter into this Amendment and to perform all acts required by this Amendment, and that the consent, approval or execution of or by any third party is not required to legally bind any party to the terms and conditions of this Agreement. 6. Entire Aqreement. This Amendment contains the entire understanding and agreement of the parties, and supersedes all prior agreements and understandings, oral and written, between the parties. This Amendment may be altered, amended or modified only by an instrument in writing, executed by the parties to this Amendment and by no other means. IN WITNESS WHEREOF, the parties have executed this Amendment on the day and year and at the place first written above. Owner: District: B & H Fallen Leaf Cabin LLC South Tah�e Public Utility District �^-. gy �- �f�•zt��� -- By: ��heresa Bradshaw, Trustee Randy Vogelgesang, President of the Board of Directors Attest: Melonie Guttry, Clerk of ti�e� rdl Executive�y��eYVI C�S ���" 54261.1:7445.1 5/18/2018 11305020.1 , ACKNOWLEDGMENT I — 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 S�nk�. C�C4� } On 1�1�N ZI � ZN1 � beforeme, ��EYr���►�•, [.•� . 1��� �-��1�� iL4�1�L (insert name and title of the offi�er) personally appeared ��re s�. Y�-rr� ��,r�„��s���w� , who proved to me on the �aasis af sa#isfactary evid�nce t� be the persan4s) �vh�se name�s� islaFe subscribec� to the within instrum�nt and aGknvwledged tv me that helshelth�y- exe�uted th� same in hisl#�erltheir aufh�rized capacity[ies}; and �i�at by k�slherlth�ir signaturE�s}�n 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 offici�f seal. __.__ - -- - CYNTHIA M. LEE � � � ,.�: � � -["u, Cammission No.�154452 � Signature (Seal) � ���� �. z �i NC3TARY p{�g�IC-�q�lFpRIVIA n 1,o.'� A����A COUN7Y � �`� N!y Comm.ExpiresRPRf[.30,2p20 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 � � �radD } On ��f 3�i ��� before me, M�loh�e G��r�w, lUP7�k/ !'G�v�iC (insert name and title of the officer) � personally appeared _� VD��jCSQyIGf , who proved to me on the basis af satisfactory evider�ce fo be tF�e person�f se name�„j,sla�subsc�ibed #o the within instrurrient and acknowl�dged ta me that f}�Is�lthe�y executed the sam� in his �ie�lt�ir authorized �apacity(�r and that f�y hisl e�tlaeir signature{�'� ❑n the instrument, the person�, or the entity upon behalf of which the person� 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 officia! 5eal. ,,..,,_ Me�oNie�urrRr • Notary Publlc-California �� � ���,�•_ EI Dorado County � Signature (Seal) �`' Commissiona2212102 - My Comm.Expi�es Sep 27,2021 16187011 �' Exhibit A o ���_. Cr ' g .. . , a .w N � � � ,y U � �g � 4 �N W $ . � o U � � f.e..�ow M � a o' q ��_ N c� ~ a N /� � J ' 01 � � M a � ' W � .� . .�::'f � � � ,�. . � � � "� � �+ � � � � .. � � �� $ �x •/ • . % .' �� w Q .�� / : R � � rr� �, . r �� dt�,k f �� � i � � Z� °ji��r• � � " N.W � �� F � f'�� . M �e�'�ra M � a � .`tl �g �J �° S � •'f � � � � W � + C��p � i °�• � V �'Y~ L'J,'�n ry �DA+ '`~+, � $ W� o �,• � � �LL i�'.'� � � X 1,�^`a u�k e � ^ � Q r. Q,� m ,� � � - �p, `` � J ��°o � � .,•_1= ��. 0 N f y� •+r �� .d•�a� � 1*�ti* ¢ �i � 4 � `= IA�_ < � e ' �r: O 7 �.,�g ,, ' �7s ��p a . a , � i . � oz � � � � k o � 1 �1 �a� �. ih n� +�i a �j a w �fr � �f�� `•+ �� i a ,��� a n ��� �0�. � +• + LL � '±�i 6 �• W �y �#l��9 J � a Z NNr-.� p� fl�l d ��� LL ~� b o r ■ .o � •�r � �� N a Exhibit B EASEMENT DESCRIPTION All that real property in the County of EI Dorado,State of California, being a portion of Lo.t 3, Section 14, Township 1� North, Range 17 East, M.D.M., more particularly described as follows: All that portion of Assessor's Parcel Number 021-401-03, commonly known as S00 Fallen Leaf Road, and described in the Grant Deed Document q2013-48412, and shown on that Record of Survey as filed in the Office of the Recorder of EI Dorado County, California, in Book 36 at Page 44 more particularly described as follows: COMMENCING at a 5/8" rebar with cap stamped PLS 7949 on the northeasterly line of said parcel, said monument being a point on line which bears S56°21'24"E,47.66 feet from the most northerly corner of said parcel; THENCE from said Point of Commencement along said northeasterly line fV 56°21'24"W, 9.77 feet to the POINT OF BEGINNING; THENCE leaving said northeasterly line S33"38'36"W, 30.00 feet; THENCE N56°21'24"W, 20.00 feet; THENCE N33'38'36"E, 30.00 feet to said northeasterly line; THENCE along said northeasterly line S56°21'24"E, 20.00 feet to the POINT OF BEGINNING. Containing 600 square feet, more or less. The Basis of Beari�gs is identical to Record of Survey 36-44 filed in the Office of the recorder of EI Dorado County,California. This description was prepared by InSite Land Surveys, Inc. �����i�:��f���� ',�ti�111�� 1.;17.��� r�r�. `�:.`�r,�4�,�'fd•IiySy/,'�.. ' � ��, �r�� ��i: :• .. �L r10 7��f�,�, : '' . *�; f:'xp����� F � w : % , �' - i �'� r' f • i� ;ti. � • i'i�• � ��ti r �rftlrti ►� EA SEMEN T EXHIBI T ' 500 FALLEN LEA�F �L�4KE ROAD, APN 21-401-03 EL DORADO CDUN TY, CA c: \DOCS\MICROSURVEY\M/CROSURVEY2013\13524_500_BOUNOARY.OWG FEBRUARY 26, 20f8 LEGEND i POINT ON UNE - 5/8" REBAR W/CAP PLS 7949 �� PARCEL BOUNDARY --_------ EASEMEN T LINE � 1" � 3 0' l/ ABOVE GROUND FACILI rIES EASEMENT AREA P� (?O POINT � '(� � OF ,! BECINNING �,� �. � �� ,�� --�a��^. "}�' � < .,E o , oo. C�� 'i � , �2 � '� �, ' �. � � rl����-�� �,��i�4; ,�II��j i 1.� �� � ��^��• s• � ` � ��r ` �'���0 ���o''%`����0 ,�'�S6•. � POIN T c�j. OF �'�+, COMMENCEMEN T �' APN 2� - 40� - 03 �<<�����rr��►� ��`ti s'�'�:.�NO i�`f�, . ��� `�f ; M Gi .•�Ill:{V•(j,t��•. +j ► �� i�� � •i, ;��ti t�S �,r � �� � y No.7a��. A= � ,4� EXP• �* „ -� �. � if ix,•., �•"r ` i •'•' . .� i' ,' '�l�l.�I���ti,`1' InSite Land Surveys, P.O. Box 5510B5, South Leke Tahoe, California 96155 530-577-48L5 . , � � Exhibit C Location limits for Aboveground Facilities as Ireferenced in the Amendment ,� to Grant of Easement and as � shown on Exhibit B. /��. c �� � /�,� o � I � ��C�,� U TlL 1� q�C �J� � �=DL /� � � � � /� � / � I � I U T1L � VAUL� � - � � � � � �� BOULDE�4 �� �� � � �� 061Z012018,201$@023657 �'-�o -- -- --- - -- -------- �