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HomeMy WebLinkAboutContract 1763Commonwealth, Land Title Company RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Cathedral City 68700 Avenida Lalo Guerrero Cathedral City, CA 92234 APN: 687-060-050 tiP' 0.1.0)\ Cathedral Canyon Drive Bridge Project NO FEE PER GOVERNMENT CODE SECTION 6103 DOC # 2017-0329105 08/10/2017 10:58 AM Fees: $0.00 Page 1 of 10 Recorded in Official Records County of Riverside Peter Aldana Assessor -County Clerk -Recorder **This document was electronically submitted to the County of Riverside for recording** Receipted by: MARY #659 1019 \ SPACE ABOVE FOR RECORDER'S USE PERMANENT SLOPE EASEMENT -rx4a.oa This Permanent Slope Easement is entered into by and between the Falcon Lake Properties, a Limited Partnership hereinafter called Grantor, and the City of Cathedral City, hereinafter called Grantee. For a valuable consideration receipt of which is hereby acknowledged, Falcon Lake Properties, a Limited Partnership, hereby grants unto Grantee, its successors and assigns, a PERMANENT SLOPE EASEMENT for the protection and maintenance of the adjoining street, sidewalk, utility, bridge and ancillary improvements, in, over, under and across the real property in the County of Riverside, State of California described as follows: Exhibit "A", Legal Description; and depicted in Exhibit "B", Plat Map, attached hereto and made part hereof, subject to the following provisions: 1) Grantee agrees to construct and maintain the easement in a workmanlike manner; 2) Grantee agrees to indemnify and defend Grantor, its agents, representatives, heirs, successors and assigns, against any and all claims, actions, or demands, costs or expense, including reasonable attorney's fees, arising out of or in any way connected to any activities of Grantee, its agents, representatives, heirs, successors, assigns or invitees arising out of its use of the easement, excluding therefrom claims resulting from the negligence or willful misconduct of Grantor; 3) If any legal action or proceeding arising out of or relating to this easement is brought by Grantor or Grantee, the prevailing party will be entitled to receive from the other party, in addition to any other relief that may be granted, the reasonable attorney's fees, costs, and expenses incurred in the action or proceeding by the prevailing party. OC 3 Commonwealth Land Title Company RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Cathedral City 68700 Avenida Lalo Guerrero Cathedral City, CA 92234 APN: 687-060-050 t/1P plg�y Cathedral Canyon Drive Bridge Project NO FEE PER GOVERNMENT CODE SECTION 6103 SPACE ABOVE FOR RECORDER'S USE PERMANENT SLOPE EASEMENT —nx. 40. 00 This Permanent Slope Easement is entered into by and between the Falcon Lake Properties, a Limited Partnership hereinafter called Grantor, and the City of Cathedral City, hereinafter called Grantee. For a valuable consideration receipt of which is hereby acknowledged, Falcon Lake Properties, a Limited Partnership, hereby grants unto Grantee, its successors and assigns, a PERMANENT SLOPE EASEMENT for the protection and maintenance of the adjoining street, sidewalk, utility, bridge and ancillary improvements, in, over, under and across the real property in the County of Riverside, State of California described as follows: Exhibit "A", Legal Description; and depicted in Exhibit "B", Plat Map, attached hereto and made part hereof, subject to the following provisions: 1) Grantee agrees to construct and maintain the easement in a workmanlike manner; 2) Grantee agrees to indemnify and defend Grantor, its agents, representatives, heirs, successors and assigns, against any and all claims, actions, or demands, costs or expense, including reasonable attorney's fees, arising out of or in any way connected to any activities of Grantee, its agents, representatives, heirs, successors, assigns or invitees arising out of its use of the easement, excluding therefrom claims resulting from the negligence or willful misconduct of Grantor; 3) If any legal action or proceeding arising out of or relating to this easement is brought by Grantor or Grantee, the prevailing party will be entitled to receive from the other party, in addition to any other relief that may be granted, the reasonable attorney's fees, costs, and expenses incurred in the action or proceeding by the prevailing party. DATE: February 21, 2017 Falcon Lake Properties, a Limited Partnership By: Date Palm Interiors, Inc., a California Corporation Its: General Partner By: Bernard Simkin Its: Vice President Consent of Lessee The undersigned hereby consents to the easement and subordinates its leasehold interest in the property covered by the easement to the rights of the City under said easement. Lessee: Welk Resort Properties, Inc., a California Corporation, and Successor to Welk Park North, a California General Partnership By: Its: --e4-02144A47-t, ACKNOWLEDGEMENT 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 Riverside } On February 21, 2017, before me, Margie M. Tavarez , Notary Public, personally appeared , Bernard Simkin who proved to me on the basis of satisfactory evidence to be the person whose name64 is/.e subscribed to the within instrument and acknowledged to me that he/shalt1wy executed the same in his/her/their authorized capacity( j, and that by his/keeitlieir signature($ on the instrument the personM, 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 Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. . rr1 Signaturr e Seal) My Commission expires August 9, 2019 N MARGIE M. TAVAREZ COMM. # 2119285 'n NOTARY PUBLIC -CALIFORNIA wi RIVERSIDE COUNTY °+tom" MY COMM. ExP. Auc. 9, 2019 T RACHELYNN FRENCH Commissional 2011416 Notary Public - California z Riverside County My Comm. Er!) Aer 1 2a'`27 1 ACKNOWLEDGEMENT 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 `'a ('�iprni q COUNTY OF i v Qr 5 cL } On 2.2 $. 1--, , before me, aCkilk c M + .9,nrk) , Notary Public, personally appeared 1 (r41. 11 J who proved to me on the basis of satisfactory evidence to be the person( *hose name( is/a subscribed to the within instrument and acknowledged to me that he/s'lye/tlxy executed the same in his/her/thlfiir authorized capacityNs), and that by his/lAr/th\ir signature(' on the instrument the person(, or the entity upon behalf of which the persons) 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. ESS my h d official seal. Signature (Seal) 74314iRi WI If ie!: tto NOP P' 440'1 i1'0e.. Y7 'W. 3 orix,.31,v_ttin.vo viv • EXHIBIT "A" LEGAL DESCRIPTION (ASSESSOR'S PARCEL NUMBER: 687-060-050) EASEMENTS FOR PERMANENT SLOPE PURPOSES OVER PORTIONS OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 4 SOUTH, RANGE 5 EAST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CATHEDRAL CITY, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. MORE PARTICULARLY DESCRIBED AS FOLLOWS; EASEMENT A: COMMENCING AT THE CENTER CORNER OF SAID SECTION 28, SAID POINT BEING ON THE CENTERLINE OF CATHEDRAL CANYON DRIVE; THENCE SOUTH 00'14'55" WEST ALONG SAID CENTERLINE, 900.37 FEET TO CENTERLINE INTERSECTION OF CANYON SHORES DRIVE AS SHOWN ON THE MAP OF TRACT NO. 19749, FILED IN BOOK 145 OF MAPS, AT PAGES 82 AND 83, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE CONTINUING SOUTH 00'14'55" WEST ALONG SAID CENTERLINE OF CATHEDRAL CANYON DRIVE, 33.69 FEET; THENCE NORTH 89'45'05" WEST, 49.26 FEET TO POINT HEREINAFTER REFFERED TO AS POINT "A"; THENCE SOUTH 04'16'44" EAST A DISTANCE OF 22.26 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 59'41'44" WEST A DISTANCE OF 5.11 FEET; THENCE SOUTH 06'19'59" WEST A DISTANCE OF 26.70 FEET; THENCE SOUTH 45'48'47" EAST A DISTANCE OF 14.90 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF CATHEDRAL CANYON DRIVE DISTANT 44 FEET FROM SAID CENTERLINE; THENCE NORTH 00'14'55" EAST ALONG SAID WESTERLY RIGHT-OF-WAY, A DISTANCE OF 25.26 FEET; THENCE NORTH 89'45'05" WEST A DISTANCE OF 3.50 FEET; THENCE NORTH 0014'55" EAST PARALLEL WITH SAID WESTERLY RIGHT-OF-WAY, A DISTANCE OF 14.23 FEET TO THE POINT OF BEGINNING; SUBJECT TO EASEMENTS OF RECORD IF ANY. 1 OF 5 SAID DESCRIBED EASEMENT CONTAINS 268 SQUARE FEET (0.006 ACRES), MORE OR LESS. EASEMENT B: COMMENCING AT SAID POINT "A"; SAID POINT "A" BEING THE POINT OF BEGINNING; THENCE NORTH 59'41'44" EAST A DISTANCE OF 6.10 FEET TO A POINT ON THE SAID WESTERLY RIGHT-OF-WAY; THENCE NORTH 0014'55" EAST ALONG SAID WESTERLY RIGHT-OF-WAY, A DISTANCE OF 59.71 FEET TO A POINT ON THE NORTHEASTERLY LINE OF THE COACHELLA VALLEY WATER DISTRICT CHANNEL (WHITEWATER RIVER) RIGHT-OF-WAY AS SHOWN ON SAID MAP OF TRACT NO. 18708; THENCE NORTH 4628'55" WEST ALONG SAID NORTHEASTERLY RIGHT-OF-WAY, A DISTANCE OF 6.87 FEET; THENCE SOUTH 0014'55" WEST PARALLEL WITH SAID WESTERLY RIGHT-OF-WAY, A DISTANCE OF 65.11 FEET; THENCE SOUTH 0619'59" WEST A DISTANCE OF 2.42 FEET TO THE POINT OF BEGINNING; SUBJECT TO EASEMENTS OF RECORD IF ANY. SAID DESCRIBED EASEMENT CONTAINS 318 SQUARE FEET (0.007 ACRES), MORE OR LESS, SEE ATTACHED EXHIBIT "B" HEREWITH AND BY THIS REFERENCE MADE A PART HEREOF. THIS LEGAL DESCRIPTION WAS PREPARED UNDER MY DIRECTION. BY: DENNIS C. FARNSWORTH RCE 31653, EXP. 12/31/16 2 OF 5 (POINT OF COMMENCEMENT) CENTER POINT OF SECTION 28 \TR NO. 18708 • NE'LY R/W CVWD CHANNEL WHITEWATER RIVER E 1/2, SE 1/4, NE 1/4, SW 1/4 SCALE 1=80' ABBREVIATIONS APN C/L POB SITE: LOW WATER CROSSING REPLACEMENT WHITEWATER RIVER AT CATHEDRAL CANYON DRIVE, CATHEDRAL CITY, RIVERSIDE CO., CA. 92264 AREA AREA • EASEMENT "B" SEE DETAIL "B" ON SHEET 4 POB (EASEMENT "B") POINT "A" O POB (EASEMENT "A") APN 687-060-050 (USA) W 5 EASEMENT *A" SEE DETAIL "A" ON SHEET 4 88' EXHIBIT "B" S00'14'55 "W 900.37' C/L CANYON SHORES DRIVE • • OF EASEMENT "A" 268 SQ. FT. OF EASEMENT "B" 318 SQ. FT. ASSESSOR'S PARCEL NUMBER CENTERLINE POINT OF BEGINNING LEGEND V///1 * SEE LINE DATA ON SHEET 5 INDICATES PERMANENT SLOPE EASEMENT AREA LEGAL DESCRIPTION: E 1/2 OF SE 1/4 OF NE 1/4 OF SW 1/4 OF SECTION 28, T4S, R5E. TR NO. 19749 PROPOSED EASEMENT LINE STREET CENTERLINE PROPERTY LINE I2155 CHICAGO AVENUE, SUITE .301, RIVERSIDE, CA 92324 PH. (951) 300-1431 FAX (951) 300-1435 cooda)G lie- DENNIS C. FARNSWORTH R.C.E. 31653 DATE DATE: 10/01/15 SCALE: 1-=80' SHEET: 3 OF 5 JOB NO. 1221-101 EASEMENT #13 EXHIBIT APN-687-060-050 t' EASEMENT "A" DETAIL "A" NOT TO SCALE ABBREVIATIONS APN ASSESSOR'S PARCEL NUMBER C/L CENTERLINE POB POINT OF BEGINNING SITE: LOW WATER CROSSING REPLACEMENT WHITEWATER RIVER AT CATHEDRAL CANYON DRIVE, CATHEDRAL CITY, RIVERSIDE CO., CA. 92264 POB EASEMENT "A") LEGEND V/// EXHIBIT "B" 0 II (EASPOB EMENT "B") POINT "A" EASEMENT "B" DETAIL "B" NOT TO SCALE * SEE LINE DATA ON SHEET 5 INDICATES PERMANENT SLOPE EASEMENT AREA LEGAL DESCRIPTION: E 1/2 OF SE 1/4 OF NE 1/4 OF SW 1/4 OF SECTION 28, T4S, R5E. PROPOSED EASEMENT LINE STREET CENTERLINE PROPERTY LINE I2155 CHICAGO AVENUE, SUITE 301, RIVERSIDE, CA 92.324 PH. (951) 300-1431 FAX (951) 300-1435 DENNIS C. FARNSWORTH R.C.E. 31653 DATE DATE: 10/01/15 SCALE: NTS SHEET 4 OF 5 JOB NO. 1221-101 EASEMENT X13 EXHIBIT APN-687-060-050 SITE: LOW WATER CROSSING REPLACEMENT WHI TEWATER RIVER AT CATHEDRAL CANYON DRIVE, CATHEDRAL CITY, RIVERSIDE CO., CA. 92264 LINE DATA 0 BEARING LPN./DST. Q S0014'55"W 33.69' O N89'45'05"W 49.26' © N59 41'44"E 6.10' 0 N00'14'55"E 59.71' o N46 28'55 "W 6.87' 0 S00'14'55"W 65.11' O S06'19'59"W 2.42' 0 SO4'16'44 "E 22.26' O S59'41'44'W 5.11' •S06'19'59"W 26.70' O S45'48'47"E 14.90' ® N00'14'55"E 25.26' ® N89'45'05"W 3.50' O N00'14'55"E 14.23' LEGAL DESCRIPTION: E 1/2 OF SE 1/4 OF NE 1/4 OF SW 1/4 OF SECTION 28, T4S, R5E. EXHIBIT "B" I2155 CHICAGO AVENUE, SUITE 301, RIVERSIDE, CA 92324 PH. (951) 300-1431 FAX (951) 300-14.35 a DENNIS C. FARNSWORTH R.C.E. 31653 DATE DATE: 10/01/15 SCALE: NTS SHEET: 5 OF 5 JOB NO. 1221-101 EASEMENT /13 EXHIBIT APN-687-060-050 Cathedral Canyon Drive Bridge Project APN: 687-060-050 Certificate of Acceptance This is to certify that the interest in the PERMANENT SLOPE EASEMENT conveyed by the within instrument to the City of Cathedral City, State of California, executed by Falcon Lake Properties, a Limited Partnership, dated February 21, 2017, is hereby accepted by the undersigned officer/agent on behalf of the City of Cathedral City. CITY OF CATHEDRAL CITY Charles P. McClendon, City Manager Date: April 5, 2017 LARRY W. WARD COUNTY OF RIVERSIDE ASSESSOR -COUNTY CLERK -RECORDER DOCUMENTARY TRANSFER TAX AFFIDAVIT Recorder P.O. Box 751 Riverside, CA 92502-0751 (951)486-7000 Website: www.riversideacr.com WARNING ANY PERSON WHO MAKES ANY MATERIAL MISREPRESENTATION OF FACT FOR THE PURPOSE OF AVOIDING ALL OR ANY PART OF THE DOCUMENTARY TRANSFER TAX IS GUILTY OF A MISDEMEANOR UNDER SECTION 5 OF ORDINANCE 516 OF THE COUNTY OF RIVERSIDE AND IS SUBJECT TO PROSECUTION FOR SUCH OFFENSE. ASSESSOR'S PARCEL NO. 687 -- 060 -- 050 I declare that the documentary transfer tax for this Property Address: Vacant Land, Cathedral City, CA transaction is: $ 0.00 . If this transaction is exempt from Documentary Transfer Tax, the reason must be identified below. ! CLAIM THAT THIS TRANSACTION IS EXEMPT FROM DOCUMENTARY TRANSFER TAX BECAUSE: (The Sections listed below are taken from the Revenue and Taxation Code. Please check one or explain in "Other") 1. Section 11911. The document is a lease for a term of less than thirty-five (35) years (including options). 2. Section 11911. The easement is not perpetual, permanent, or for life. 3. Section 11921. The instrument was given to secure a debt. 4. ,/ Section 11922. The conveyance is to a governmental entity or political subdivision. 5. Section 11925. The transfer is between individuals and a legal entity, or between legal entities, and does not change the proportional interests held. 6. Section 11926. The instrument is from a trustor to a beneficiary, in lieu of foreclosure, and no additional consideration was paid. 7. Section 11926. The grantee is the foreclosing beneficiary and the consideration paid by the foreclosing beneficiary does not exceed the unpaid debt. 8. Section 11927. The conveyance relates to a dissolution of marriage or legal separation. 9. Section 11930. The conveyance is an inter vivos gift* or a transfer by death. *Please be aware that information stated on this document may be given to and used by governmental agencies, including the Internal Revenue Service. Also, certain gifts in excess of the annual Federal gift tax exemption may trigger a Federal Gift Tax. In such cases, the Transferor (donor/grantor) may be required to file Form 709 (Federal Gift Tax Return) with the Internal Revenue Service. 10. Section 11930. The conveyance is to the grantor's revocable living trust. 11. Other (Include explanation and authority) I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT. Executed this 10 day of Signature of Affiant August , 20 17 at Newport Beach CA Commonwealth Land Title Company Name of Firm (if applicable) City State Adriana Santillan Printed Name of Affiant 926 c 4100 Newport P1 , #120, Newport Beach, CA 9e6CJ Address of Affiant 949-724-3170 Telephone Number of Affiant (including area code) This form is subject to the California Public Records Act (Government Code 6250 et. seq.) For Recorder's Use: Affix PCOR Label Here ACR 521P-AS4EXO (Rev. 11/2010) Available in Alternative Formats