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Home My WebLink AboutContract 1764Commonwealth Land Title Company RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Cathedral City 68700 Avenida Lalo Guerrero Cathedral City, CA 92234 APN: 687-060-05011.4 06-009 Cathedral Canyon Drive Bridge Project NO FEE PER GOVERNMENT CODE SECTION 6103 DOC # 2017-0329106 08/10/2017 10:58 AM Fees: $36.00 Page 1 of 8 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 SPACE ABOVE FOR RECORDER'S USE PERMANENT MONUMENT EASEMENT TVX : 16.00) This Permanent Monument 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 MONUMENT EASEMENT for the installation and maintenance of a bridge monument in, on, over and under 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. Commonwealth Land Title Company RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Cathedral City 68700 Avenida Lalo Guerrero Cathedral City, CA 92234 U APN: 687-060-050 44019 -CO 1 Cathedral Canyon Drive Bridge Project NO FEE PER GOVERNMENT CODE SECTION 6103 SPACE ABOVE FOR RECORDER'S USE PERMANENT MONUMENT EASEMENT 1Tx: 10.00 This Permanent Monument 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 MONUMENT EASEMENT for the installation and maintenance of a bridge monument in, on, over and under 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:..e,e1-€ 1-'04 1Y (0,44ei 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 } OnFebruary 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 name(,) is/a'e subscribed to the within instrument and acknowledged to me that he/sheAlley executed the same in his/heritheir authorized capacity(ite8), and that by his/hetkeir signatureQs) on the instrument the person(4), or the entity upon behalf of which the person(e) 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 official seal. (Seal) My Commission expires August 9, 2019 MARGIE M. TAVAREZ COMM. # 2119285 '"n of NOTARY PUBLIC•CALIFORNIA VT RIVERSIDE COUNTY vorTs' MY COMM. EXP. AUG. 9.2019 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 Ca I ; ot- n; q COUNTY OF Qi v -0r On 2.2 E. 11 , before me, al GU_ r\n , Notary Public, personally appeared Jfhose Hwho proved to me on the basis of satisfactory evidence to be the person( name( is/aft subscribed to the within instrument and acknowledged to me that he/s'se/thlty executed the same in his/hjr/thrr authorized capacity(ik), and that by his/hkth r signature on 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. official seal. Signature (Seal) RACHELYNN FRENCH Commission 0 2017416 Notary Public - California Riverside County M Comm. Ex 'res r 1, 2017 z z EXHIBIT "A" LEGAL DESCRIPTION (ASSESSOR'S PARCEL NUMBER: 687-060-050) EASEMENT FOR PERMANENT MONUMENT PURPOSES OVER A PORTION 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 0014'55" 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 0014'55" WEST ALONG SAID CENTERLINE OF CATHEDRAL CANYON DRIVE, 49.60 FEET; THENCE NORTH 89'45'05" WEST, 44.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF CATHEDRAL CANYON DRIVE DISTANT 44 FEET FROM SAID CENTERLINE, SAID POINT BEING THE POINT OF BEGINNING; THENCE NORTH 89'45'05" WEST A DISTANCE OF 3.50 FEET; THENCE SOUTH 0014'55" WEST PARALLEL WITH SAID WESTERLY RIGHT-OF-WAY, A DISTANCE OF 20.50 FEET; THENCE SOUTH 89'45'05" EAST A DISTANCE OF 3.50 FEET TO A POINT ON SAID WESTERLY RIGHT-OF-WAY; THENCE NORTH 0014'55" EAST ALONG SAID WESTERLY RIGHT-OF-WAY, A DISTANCE OF 20.50 FEET TO THE POINT OF BEGINNING; SUBJECT TO EASEMENTS OF RECORD IF ANY. SAID DESCRIBED EASEMENT CONTAINS 72 SQUARE FEET (0.002 ACRES), MORE OR LESS, SEE ATTACHED EXHIBIT "B" HEREWITH AND BY THIS REFERENCE MADE A PART HEREOF. 1 OF 3 THIS LEGAL DESCRIPTION WAS PREPARED UNDER MY DIRECTION. BY: iee-c-1.r r /Z / DENNIS C. FARNSWORTH DATE RCE 31653, EXP. 12/31/16 2 OF 3 N8945'05 "W 3.50' to Ci S00'14'55"W N0014'55"E S89 45'05 "E 3.50' DETAIL "A" NOT TO SCALE (POINT OF COMMENCEMENT) CENTER POINT OF SECTION 28 POB N89'45'05"W 44.00' EASEMENT "A" SEE DETAIL "A" APN 687 � U6SOA� 050 \c) S00'14'55"W 49.60' POB E 1/2, SE 1/4, NE 1/4, SW 1/4 N89 45'05 "W 44.00' 88' EXHIBIT "B"actLuiz SO0'14'55"W 900.37' C/L CANYONI SHORES DRIVE z AREA OF EASEMENT "A" 72 SQ. FT. ABBREVIATIONS APN ASSESSOR'S PARCEL NUMBER C/L CENTERLINE POB POINT OF BEGINNING SITE: LOW WATER CROSSING REPLACEMENT WHI TEWATER RIVER AT CATHEDRAL CANYON DRIVE, CATHEDRAL CITY, RIVERSIDE CO., CA. 92264 LEGEND V///1 SCALE 111=40' INDICATES PERMANENT MONUMENT 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 92324 PH. (951) 300-1431 FAX (951) 300-1435 raluircomirntis a DENNIS C. FARNSWORTH R.C.E. 31653 DATE SHEET: 3 OF 3 JOB NO. 1221-101 EASEMENT 114 EXHIBIT APN-687-060-050 Cathedral Canyon Drive Bridge Project A P N : 687-060-050 Certificate of Acceptance This is to certify that the interest in the PERMANENT MONUMENT 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 By: Al i- 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 transaction is: $ 0.00 . Property Address: Vacant Land, Cathedral City, CA If this transaction is exempt from Documentary Transfer Tax, the reason must be identified below. I 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. 2. Section 11911. 3. Section 11921. 4. ,/ Section 11922. 5. Section 11925. The document is a lease for a term of less than thirty-five (35) years (including options). The easement is not perpetual, permanent, or for life. The instrument was given to secure a debt. The conveyance is to a governmental entity or political subdivision. 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 August , 20 17 at Newport Beach CA State Signature of Affiant Commonwealth Land Title Company Name of Firm (if applicable) City Adriana Santillan Printed Name of Affiant 92d, ba 11 \-. set ' 1 .-. sot r 4 F4,,I!+ 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 521 P-AS4EXO (Rev. 11/2010) Available in Alternative Formats