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HomeMy WebLinkAboutContract 1767Commonwealth 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 'rM )t,-;01 Cathedral Canyon Drive Bridge Project NO FEE PER GOVERNMENT CODE SECTION 6103 DOC # 2017-0329109 08/10/2017 10:58 AM Fees: $45.00 Page 1 of 11 Recorded in Official Records County of Riverside Peter Aldana Assessor -County Clerk -Recorder **This document was electronically submitted (33 o the County of Riverside for recording** eceipted by: MARY #659 SPACE ABOVE FOR RECORDER'S USE TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement is entered into by and between the Falcon Lake Properties, a Limited Partnership 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 CONSTRUCTION EASEMENT 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. It is understood that said temporary construction easement shall extend for a period of Forty -Eight Months, commencing upon written notification to Grantor of Caltrans' Certification of the Project. At the expiration of the Temporary Construction Easement, Grantee shall restore such property to a condition as agreed to in the Agreement between Grantor and Grantee. 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 'CM o -c01 Cathedral Canyon Drive Bridge Project NO FEE PER GOVERNMENT CODE SECTION 6103 4'14 tikx- SPACE ABOVE FOR RECORDER'S USE TEMPORARY CONSTRUCTION EASEMENT --TT/(: 40•O0 This Temporary Construction Easement is entered into by and between the Falcon Lake Properties, a Limited Partnership 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 CONSTRUCTION EASEMENT 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. It is understood that said temporary construction easement shall extend for a period of Forty -Eight Months, commencing upon written notification to Grantor of Caltrans' Certification of the Project. At the expiration of the Temporary Construction 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: Bernar 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: � i II� ✓7 . li/nom/ 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 XXXXX who proved to me on the basis of satisfactory evidence to be the person whose name( is/ /.subscribed to the within instrument and acknowledged to me that he/3hefthey executed the same in hist authorized capacity(W), and that by his/Wm./their signature(d) on the instrument the person(4), or the entity upon behalf of which the person(idi, 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. >79 Signature Seal) My Commission expires August 9, 2019 r. MARGIE M. TAVAREZ COMM. # 2119285 rn NOTARY PUBLIC -CALIFORNIA V, ++ RIVERSIDE COUNTY +uroa�r MY COMM. Exp. AUG. 9, 2019 '� 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 Oq to r j q COUNTY OF R, 440 rs; On 2 • .Z • 11 , before me, PO C h1t.1k.4, r r1 ,zn Gh , Notary Public, personally appeared (Y1 1.4 1"1 who proved to me on the basis of satisfactory evidence to be the personO whose name(\) is/ge subscribed to the within instrument and acknowledged to me that he/k/t1tv executed the same in his/her/their authorized capacity(ks), and that by his/11011th 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. SS my h official seal. 1 Lti y Signature l) (Seal) RACHELYNN FRENCH Commission # 2017416 Notary Public - California Riverside County Comm. Expires Apr 1, 2017 EXHIBIT "A" LEGAL DESCRIPTION (ASSESSOR'S PARCEL NUMBER: 687-060-050) EASEMENTS FOR TEMPORARY CONSTRUCTION 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 NORTH 0014'55" EAST ALONG SAID CENTERLINE OF CATHEDRAL CANYON DRIVE, 33.83 FEET; THENCE NORTH 89'45'05" WEST, 49.00 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, SAID POINT BEING THE POINT OF BEGINNING; THENCE NORTH 46'28'55" WEST ALONG SAID NORTHEASTERLY RIGHT-OF-WAY, A DISTANCE OF 34.33 FEET; THENCE SOUTH 00'14'55" WEST PARALLEL WITH THE WESTERLY RIGHT-OF-WAY OF CATHEDRAL CANYON DRIVE DISTANT 44 FEET FROM SAID CENTERLINE, A DISTANCE OF 27.47 FEET; THENCE NORTH 46'28'55" WEST PARALLEL WITH SAID NORTHEASTERLY RIGHT-OF-WAY, A DISTANCE OF 184.87 FEET; THENCE SOUTH 85'47'29" WEST A DISTANCE OF 40.47 FEET; THENCE SOUTH 56'47'02" WEST A DISTANCE OF 63.94 FEET; THENCE SOUTH 83'05'53" WEST A DISTANCE OF 11.74 FEET; THENCE SOUTH 61'27'36" WEST A DISTANCE OF 12.15 FEET; THENCE SOUTH 49'53'33" WEST A DISTANCE OF 7.72 FEET TO A POINT ON THE WEST LINE OF THE SAID EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; 1 OF 6 THENCE SOUTH 00'14'11" WEST ALONG SAID WEST LINE, A DISTANCE OF 380.68 FEET; THENCE SOUTH 42'29'09" EAST A DISTANCE OF 104.04 FEET; THENCE SOUTH 00'51'00" EAST A DISTANCE OF 69.74 FEET TO A POINT ON THE SOUTH LINE OF THE SAID EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE NORTH 89'47'26" EAST ALONG SAID SOUTH LINE, A DISTANCE OF 53.93 FEET; THENCE NORTH 0014'55" EAST PARALLEL WITH SAID WESTERLY RIGHT-OF-WAY, A DISTANCE OF 377.00 FEET; THENCE NORTH 46'02'09" WEST A DISTANCE OF 77.51 FEET; THENCE NORTH 43'57'51" EAST A DISTANCE OF 42.00 FEET; THENCE NORTH 00'14'55" EAST PARALLEL WITH SAID WESTERLY RIGHT-OF-WAY, A DISTANCE OF 48.10 FEET; THENCE SOUTH 38'43'57" EAST A DISTANCE OF 88.60 FEET; THENCE SOUTH 46'02'09" EAST A DISTANCE OF 27.59 FEET; THENCE SOUTH 47'50'31" EAST A DISTANCE OF 8.94 FEET; THENCE SOUTH 55'02'18" EAST A DISTANCE OF 82.77 FEET; THENCE NORTH 59'41'44" EAST A DISTANCE OF 23.17 FEET; THENCE NORTH 18'57'21" EAST A DISTANCE OF 23.51 FEET; THENCE NORTH 14'45'43" EAST A DISTANCE OF 18.65 FEET; THENCE NORTH 00'14'55" EAST PARALLEL WITH SAID WESTERLY RIGHT-OF-WAY, A DISTANCE OF 34.26 FEET TO THE POINT OF BEGINNING; SUBJECT TO EASEMENTS OF RECORD IF ANY. SAID DESCRIBED EASEMENT CONTAINS 74,021 SQUARE FEET (1.70 ACRES), MORE OR LESS. 2 OF 6 EASEMENT B: 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 00°14'55" WEST ALONG SAID CENTERLINE OF CATHEDRAL CANYON DRIVE, 85.02 FEET; THENCE NORTH 89'45'05" WEST, 54.73 FEET TO THE POINT OF BEGINNING; THENCE NORTH 06'19'59" EAST A DISTANCE OF 26.70 FEET; THENCE SOUTH 59°41'44" WEST A DISTANCE OF 4.82 FEET; THENCE SOUTH 18°22'03" WEST A DISTANCE OF 17.36 FEET; THENCE SOUTH 35'32'15" EAST A DISTANCE OF 4.57 FEET; THENCE SOUTH 45'48'47" EAST A DISTANCE OF 5.62 FEET THE POINT OF BEGINNING; SUBJECT TO EASEMENTS OF RECORD IF ANY. SAID DESCRIBED EASEMENT CONTAINS 130 SQUARE FEET (0.003 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: a✓f/ DENNIS C. FARNSWORTH RCE 31653, EXP. 12/31/16 3 OF 6 / 2/2///b DATE (POINT OF COMMENCEMENT) CENTER POINT OF SECTION 28 EXHIBIT "B" TR NO. 50014'55"W 900.37' C/L CANYON SHORES DRIVE EASEMENT "A" APN 687-060-050 (USA) 10 az 6 E 1 /2, SE 1 /4, NE 1 /4, SW 1 /4 .. 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 S LINE OF E 1/2, SE 1/4, NE 1/4, SW 1/4 OF SEC. 28 LEGEND rn a) 0 z NE'LY R/W CVWD CHANNEL WHI TEWA TER RIVER SCALE 1"=100' * SEE LINE DATA ON SHEET 6 INDICATES TEMPORARY CONSTRUCTION EASEMENT AREA PROPOSED EASEMENT LINE STREET CENTERLINE PROPERTY LINE I2155 CHICAGO AVENUE, SURE 301, RIVERSIDE, CA 92324 PH. (951) 300-1431 FAX (951) 300-1435 LT a LEGAL DESCRIPTION: E 1/2 OF SE 1/4 OF NE 1/4 OF SW 1/4 OF SECTION 28, T4S, R5E. DENNIS C. FARNSWORTH R.C.E. 31653 DATE DATE: 10/01/15 SCALE: 1.=100' SHEET 4 OF 6 NO. 1221-101 EASEMENT #11 EXHIBIT APN-687-060-050 EXHIBIT "B" POB EASEMENT "A") • N89'45'05"W 49.00' • • • • • • EASEMENT "A" DETAIL "A" NOT TO SCALE POB (EASEMENT "B") 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 EASEMENT "B" DETAIL "B" NOT TO SCALE LEGEND AREA OF EASEMENT "A" 74,021 SQ. FT. AREA OF EASEMENT "B" 130 SQ. FT. * SEE LINE DATA ON SHEET 6 INDICATES TEMPORARY CONSTRUCTION EASEMENT AREA PROPOSED EASEMENT LINE STREET CENTERLINE PROPERTY LINE LEGAL DESCRIPTION: E 1/2 OF SE 1/4 OF NE 1/4 OF SW 1/4 OF SECTION 28, T4S, R5E. I2155 CHICAGO AVENUE, SUITE 301, RNERSIDE, C4 92324 PH. (951) 300-1431 FAX (951) .300-14.35 DENNIS C. FARNSWORTH R.C.E. 31653 DATE DATE 10/01/15 SCALE: NTS SHEET: 5 OF 6 JOB NO. 1221-101 EASEMENT #11 EXHIBIT APN-687-060-050 LINE DATA • BEARING LEN./DIST. O N4628'55"W 34.33' © S00'14'55 "W 27.47' © N4628'55"W 184.87' 0 S85'47'29"W 40.47' © S56'47'02"W 63.94' 0 S83'05'53"W 11.74' O S61 27'36 "W 12.15' 0 S49 '53'33"W 7.72' 0 S00'14'11 "W 380.68' 0 S42 29'09"E 104.04' m S00'51 '00 "E 69.74' ®N89'47'26"E '44'W 53.93' ® N00'14'55"E 377.00' 0 N46'02'09"W 77.51' ® N43'57'51 "E 42.00' SITE: LOW WATER CROSSING REPLACEMENT WHI TEWA TER RIVER AT CATHEDRAL CANYON DRIVE, CATHEDRAL CITY, RIVERSIDE CO., CA. 92264 EXHIBIT "B" LINE DATA 0N00'14'55"E 48.10' • S38'43'57"E 88.60' 0 S46'02'09"E 27.59' 0 S47'50'31 "E 8.94' 0 S55'02'18"E 82.77' ® N59'41 '44'E 23.17' • N18'57'21 "E 23.51' ® N14'45'43"E 18.65' 0N00'14'55"E 34.26' ® S00'14'55"W 85.02' 0 N89'45'05"W 54.73' ® N06'19'59"E 26.70' 0S59'41 '44'W 4.82' ID S18 22'03"W 17.36' 0 S35 32'15"E 4.57' ® S45'48'47"E 5.62' LEGAL DESCRIPTION: E 1/2 OF SE 1/4 OF NE 1/4 OF SW 1/4 OF SECTION 28, T4S, R5E. AGUIL AR CONSU, TING INC. 2155 CHICAGO AVENUE, SUITE 301, RIVERSIDE, CA 92324 PH. (951) 300-1431 FAX (951) 300-1435 DENNIS C. FARNSWORTH R.C.E. 31653 DATE DATE: 10/01/15 SCALE: NTS SHEET: 6 OF 6 JOB NO. 1221-101 EASEMENT 1111 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 CONSTRUCTION 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