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Home My WebLink AboutContract 1766Commonwealth 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 ¶/1p 019 -coli Cathedral Canyon Drive Bridge Project NO FEE PER GOVERNMENT CODE SECTION 6103 DOC # 2017-0329108 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 TEMPORARY UTILITY EASEMENT iCx3)0.ao This Temporary Utility 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 TEMPORARY UTILITY EASEMENT for the installation and maintenance of storm drain and ancillary improvements and facilities 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: I) 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. It is understood that said temporary utility easement shall extend for a period of Forty -Eight (48) Months, commencing upon written notification to Grantor of Caltrans' Certification of the Project. At the expiration of the Temporary Utility Easement, Grantee shall restore such property to a condition as agreed to in the Agreement between Grantor and Grantee. ��bb 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 1.11/k 019'001 Cathedral Canyon Drive Bridge Project NO FEE PER GOVERNMENT CODE SECTION 6103 SPACE ABOVE FOR RECORDER'S USE TEMPORARY UTILITY EASEMENT 'I C x 40.00 This Temporary Utility 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 TEMPORARY UTILITY EASEMENT for the installation and maintenance of storm drain and ancillary improvements and facilities 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. It is understood that said temporary utility easement shall extend for a period of Forty -Eight (48) Months, commencing upon written notification to Grantor of Caltrans' Certification of the Project. At the expiration of the Temporary Utility Easement, Grantee shall restore such property to a condition as agreed to in the Agreement between Grantor and Grantee. 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: YTXiv/ Its: �-Z/1 �l''ti l /A. 4 "-i.L� 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 XXXXXXXXXXXXXXXXXXXXX , Bernard Simkin XXXXXXXXXXXXXXXXXXX who proved to me on the basis of satisfactory evidence to be the person( whose name(s) is/apasubscribed to the within instrument and acknowledged to me that he/*IwAlle.y executed the same in his/her/their authorized capacity(ie .), and that by his/law/41a44.signature00 on the instrument the person(4), 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 official seal. 7!"). 0 a,c2czA-h (Seal) rrt ire Signatu7re My Commission expires August 9, 2019 MARGIE M. TAVAREZ COMM. # 2119285 rn F R* NOTARY PUBLIC -CALIFORNIA - RIVERSIDE COUNTY °+c '' MY COMM. EXP. AUG. 9, 2019 "X 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 ,f0rnt• 4 COUNTY OF Q; e r s,'e-re- On 2 • Z 3 . ) -� , before me, �q ( n n �/ ,z nch , Notary Public, personally appeared i (Yl 1,V who proved to me on the basis of satisfactory evidence to be the person whose name(V is/a subscribed to the within instrument and acknowledged to me that he/shy/thBY executed the same in his/lNI/thi r authorized capacity(k), and that by his/hktheclir signature(S on the instrument the person (s� or the entity upon behalf of which the personO 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. } SS my han icial seal. Signature (Seal) RACHELYNN FRENCH Commission # 2017416 Notary Public - California Riverside County Comm. E es 1 2017 .'a1#03 l01111s4+0i EXHIBIT "A" LEGAL DESCRIPTION (ASSESSOR'S PARCEL NUMBER: 687-060-050) EASEMENTS FOR TEMPORARY UTILITY 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 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, 60.92 FEET; THENCE NORTH 89'45'05" WEST, 56.05 FEET TO THE A POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE NORTH 14'06'32" WEST A DISTANCE OF 20.83 FEET TO THE POINT OF BEGINNING; THENCE NORTH 59'41'44" EAST A DISTANCE OF 13.88 FEET; THENCE NORTH 0619'59" EAST A DISTANCE OF 2.42 FEET; THENCE NORTH 0014'55" EAST PARALLEL WITH THE WESTERLY RIGHT-OF-WAY OF CATHEDRAL CANYON DRIVE DISTANT 44 FEET FROM SAID CENTERLINE, A DISTANCE OF 30.85 FEET; THENCE SOUTH 14'45'43" WEST A DISTANCE OF 18.65 FEET; THENCE SOUTH 18'57'21" WEST A DISTANCE OF 23.51 FEET TO THE POINT OF BEGINNING; SUBJECT TO EASEMENTS OF RECORD IF ANY. SAID DESCRIBED EASEMENT CONTAINS 186 SQUARE FEET (0.004 ACRES), MORE OR LESS. 1 OF 3 EASEMENT B: COMMENCING AT SAID POINT "A"; SAID POINT "A" BEING THE POINT OF BEGINNING THENCE SOUTH 59'41'44" WEST A DISTANCE OF 14.09 FEET; THENCE SOUTH 35'32'15" EAST A DISTANCE OF 11.51 FEET; THENCE NORTH 18'22'03" EAST A DISTANCE OF 17.36 FEET TO POINT "A", THE POINT OF BEGINNING; SUBJECT TO EASEMENTS OF RECORD IF ANY. SAID DESCRIBED EASEMENT CONTAINS 81 SQUARE FEET (0.002 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. B Y:�=-- DENNIS C. FARNSWORTH RCE 31653, EXP. 12/31/16 2 OF 3 S14'45'43"W 18.65' S18 -57'21"W 23.51' (POINT OF COMMENCEMENT) CENTER POINT OF SECTION 28 N06'19'59 "E 2.42' EXHIBIT "B" APN 687-060-050 (USA) EASEMENT "A" SEE DETAIL "A" POB (EASEMENT "A" DETAIL "A" NOT TO SCALE POB (EASEMENT In POINT "A" N89 45'05 "W N 56.05' �o �N � '� ^ E 1/2, SE 1/4, F 1 1 N14'06'32"W 20.83' N14'06'32"W 20.83' DETAIL "B" NOT TO SCALE ABBREVIATIONS APN C/L POB ASSESSOR'S PARCEL NUMBER CENTERLINE POINT OF BEGINNING SITE: LOW WATER CROSSING REPLACEMENT WHI TEWATER RIVER AT CATHEDRAL CANYON DRIVE, CATHEDRAL CITY, RIVERSIDE CO., CA. 92264 %1 rn 1 C/L CANYON T. SHORES DRIVE o z S00'14'55"W 60.92' 1 N89 45'05"W 56.05' POB (EASEMENT "9") POINT "A" 88' \ AREA OF EASEMENT "A" 186 SQ. FT. AREA OF EASEMENT "B" 81 SQ. FT. LEGEND LEGAL DESCRIPTION: E 1/2 OF SE 1/4 OF NE 1/4 OF SW 1/4 OF SECTION 28, T4S, R5E. SCALE 1"=40' INDICATES TEMPORARY UTILITY EASEMENT AREA PROPOSED EASEMENT LINE STREET CENTERLINE PROPERTY LINE I2155 CHICAGO AVENUE SUITE 301, RIVERSIDE CA 92324 PH. (951) 300-1431 FAX (951) 300-1435 DENNIS C. FARNSWORTH R.C.E. 31653 DATE DATE: 1%1/15 SCALE: 1"=40' SHEET 3 OF 3 JOB NO. 1221-101 EASEMENT 115 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 TEMPORARY UTILITY 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