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HomeMy WebLinkAboutRecorded Doc 2018-624 ‘2019 - (3? RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Cathedral City 68700Avenida Lo Guerrero 2018-0006677 Cathedral City, CAA92234 APN: 687-060-005 01/05/2018 02:35 PM Fee: $ 0.00 Cathedral Canyon Drive Bridge Project Page 1 of 10 Recorded in Official Records NO FEE PER GOVERNMENT CODE: County of Riverside 6103 and Rev. &Tax Code 11922 Peter oCoa Assessorr--County Clerk-Recorder SPACE ABOVE THIS LINE FOR RECORDER'S USE Title GRANT OF EASEMENT When Recorded Mailto: IIPP• Ili r � ‘e, Op IWO UNITED STATES OF AMERICA DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS PALM SPRINGS AGENCY ALLOTMENT NO: PS-109E R/W FILE NO: 370-1-97 GRANT OF RIGHT-OF-WAY The United States of America, acting by and through the Superintendent, Palm Springs Agency, Bureau of Indian Affairs, Department of the Interior, 3700A Tachevah Drive, Suite 201, Palm Springs, California 92262, for and on behalf of Darlene Diaz; hereinafter referred to as GRANTOR, pursuant to the authority delegated by 209 DM 8, 230 DM 1, and 3 IAM 4 and Sacramento Redelegation Order No. 1 (43 F.R. 30131, dated July 13, 1978), and pursuant to the provisions of the Act of February 5, 1948 (62 Stat. 17; 25 U.S.C. § 323-328); and Part 169,Title 25, INDIANS, Code of Federal Regulations, which by reference are made a part hereof, in consideration, the receipt of which is acknowledged, does hereby grant to: The City of Cathedral City, 68700 Avenida Lalo Guerrero, Cathedral City, CA 92234, its successors and assigns, hereinafter referred to as GRANTEE, Temporary Construction purposes related to the Cathedral Canyon Drive Bridge Project, located on the following described land: See Exhibits "A" and "B" attached hereto. 1 I 1 I In accordance with 25 CFR§169.5 of the regulations, the Grantee does expressly stipulate and agree to the following: 1. GRANTEE agrees to indemnify the landowners and authorized users and occupants against and liability for loss of life, personal injury and property damage arising from the construction, maintenance, occupancy or use of the lands by the Grantee, his employees, contractors and their employees, or subcontractors and their employees. 2. GRANTEE agrees to restore the land to its original condition, as far as is reasonably possible, upon termination or revocation of this easement for any reason. Failing to comply with this stipulation, GRANTEE agrees to bear all expenses and cost incurred by the owner and/or the United States in accomplishing said restoration. 3. GRANTEE agrees to pay all damages and compensation, in addition to the deposit made pursuant to 169.4, determined by the Secretary to be due the landowners and authorized users and occupants of the land due to the survey, granting, construction and maintenance of the right-of-way. 4. GRANTEE agrees to that during the term of this Grant of Easement, if any previously unidentified cultural resources are discovered within the easement area, work should be halted immediately and the BIA and/or Tribal Contractor should be contacted immediately. 5. GRANTEE agrees to construct and maintain the right-of-way in a workmanlike manner. 6. GRANTEE agrees to clear and keep clear the lands within the right-of-way to the extent compatible with the purpose of the right-of-way; and dispose of all vegetative and other material cut, uprooted or otherwise accumulated during construction and maintenance of the project. 7. GRANTEE agrees to take soil and resources conservation protection measures, including weed control, on the land covered by the right-of-way. 8. GRANTEE agrees to do everything reasonable within its power to prevent and suppress fires on or near the lands to be occupied under the right-of-way. 9. GRANTEE agrees to build and repair such roads, fences and trails as may be destroyed or injured by construction work and to build and maintain necessary and suitable crossings for all roads and trails that intersect the works constructed, maintained, or operated under the right-of-way. 10. GRANTEE agrees to that upon revocation or termination of the right-of-way,the Grantee shall, so far as is reasonably possible, restore the land to its original condition.The determination of"reasonably possible" is subject to Secretary's approval. 11.GRANTEE agrees at all times to keep the Secretary informed of its address, and in case of corporations, of the address of its principal place of business and the names and addresses of its principal officers. 2 12. GRANTEE agrees to not interfere with the use of the lands, by or under the authority of the landowners for any purpose not inconsistent with the primary purpose for which the right- of-way is granted. This easement is subject to any prior valid existing right or adverse claim and is temporary, so long as said easement shall be actually used for the purpose above specified; PROVIDED, that this right-of-way may be terminated in whole or in part by the GRANTOR for any of the following causes upon 30 days written notice, and failure of the GRANTEE within said notice period to correct the basis for termination (25 CFR 169.20): 1. Failure to comply with any term or condition of the Grant, or the applicable regulations. 2. A nonuse of the right-of-way for a consecutive two-year period for the purpose for which it was granted. 3. An abandonment of the right-of-way. 4. Failure of the Grantee, upon the completion of new construction,to file with the Granter an Affidavit of Completion pursuant to 25 CFR 169.16. The conditions for this easement shall extend to and be binding upon and shall inure to the benefit of the heirs, representatives, successors and assigns of the GRANTEE. IN WITNESS WHEREOF, GRANTOR has executed this grant of easement this 0 day of DOC{hnhLtr( a0 i . b"-12--t 011ie Beyal,SuperinOdent Palm Springs Agency, Bureau of Indian Affairs P.O. Box 2245 Palm Springs,CA 92262 Pursuant tothe authority delegated by 209 DM 8,230 DM 1, and 3 IAM 4 and Sacramento Redelegation Order No.1 (43 F.R.30131 dated July 13,1978). 3 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 Riverside ) On December 8, 2017 before me, Brenda Diaz, Notary Public (insert name and title of the officer) personally appeared 011ie Beyal , who proved to me on the basis of satisfactory evidence to be the person( whose name is/ae subscribed to the within instrument and acknowledged to me that ly<she/tl executed the same in 0/her/tj1r authorized capacity $), and that by bis/her/tflir 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. ..,,,,,,,a4KulitoBRENDA DIAZ „ti ca Commission #2059764 z tt Notary Public -California D WITNESS my hand and official seal. 1 �`!�f Riverside County 1 My Comm. Expires Mar 2,2018 E r V r i � � � _ . _ �_ Signature (Seal) Cathedral Canyon Drive Bridge Project APN: 687-060-005 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 the United States Department of the Interior, Bureau of Indian Affairs, Palm Springs Agency, dated December 8, 2017, is hereby accepted by the undersigned officer/agent on behalf of the City of Cathedral City. CITY O THED C fY Y• Charles P. McClendon, City Manager Date: /hAYS EXHIBIT "A" LEGAL DESCRIPTION EASEMENT FOR TEMPORARY CONSTRUCTION PURPOSES OVER A PORTION OF PARCEL "A" OF CERTIFICATE OF COMPLIANCE FOR LOT MERGER LM NO. 5-115 RECORDED JUNE 9, 1989 AS INSTRUMENT NO. 189185 OF OFFICIAL RECORDS, SAID PARCEL "A" BEING A MERGER OF PARCEL 1 AND 3 OF PARCEL MAP NO. 22704, AND THE SOUTHEAST 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: (ASSESSOR'S PARCEL NUMBER: 687-060-005) EASEMENT A: BEGINNING AT THE INTERSECTION OF CATHEDRAL CANYON DRIVE AND PASEO AZULEJO DRIVE AS SHOWN ON THE MAP OF TRACT NO. 13792-1, FILED IN BOOK 107, AT PAGES 61 AND 62 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SAID POINT BEING ON A LINE THAT BEARS NORTH 0014'55" EAST TO WHICH AN INTERSECTING LINE BEARS SOUTH 89'47'45" WEST; THENCE NORTH 0014'55" EAST ALONG SAID CENTERLINE OF CATHEDRAL CANYON DRIVE, 589.50 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF TRACT 19749 AS SHOWN ON MAP FILED IN BOOK 145 OF MAPS AT PAGES 83 AND 84, INCLUSIVE; THENCE NORTH 89'45'56" EAST ALONG SAID SOUTHERLY BOUNDARY OF TRACT 19749, 329.70 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00'09'06" WEST A DISTANCE OF 652.94 FEET; THENCE SOUTH 58'59'28" EAST A DISTANCE OF 13.07 FEET; THENCE NORTH 89'47'01" EAST A DISTANCE OF 181.87 FEET; THENCE NORTH 44'31'41" EAST A DISTANCE OF 100.83 FEET; THENCE SOUTH 73'35'25" EAST A DISTANCE OF 45.39 FEET; THENCE NORTH 71'59'49" EAST A DISTANCE OF 22.32 FEET; THENCE NORTH 49'01'24" EAST A DISTANCE OF 29.08 FEET; THENCE SOUTH 87'30'45" EAST A DISTANCE OF 34.52 FEET; THENCE SOUTH 78'01'07" EAST A DISTANCE OF 17.67 FEET; THENCE NORTH 6818'31" EAST A DISTANCE OF 24.61 FEET; 1 OF 4 THENCE NORTH 1514'41" EAST A DISTANCE OF 23,27 FEET; THENCE NORTH 14'34'19" WEST A DISTANCE OF 52.93 FEET: THENCE NORTH 3T31'33" WEST A DISTANCE OF 97.03 FEET; THENCE NORTH 32'50'32" WEST A DISTANCE OF 76.66 FEET; THENCE NORTH 36'36'25" WEST A DISTANCE OF 134.91 FEET; THENCE NORTH 34.16'04" WEST A DISTANCE OF 19.36 FEET; THENCE NORTH 4224'57" WEST A DISTANCE OF 31.24 FEET; THENCE NORTH 4015'36" WEST A DISTANCE OF 53.63 FEET; THENCE NORTH 45'57'16" WEST A DISTANCE OF 110.15 FEET: THENCE NORTH 4311'05" EAST A DISTANCE OF 48.91 FEET; THENCE NORTH 46'28'55" WEST A DISTANCE OF 73.06 FEET, TO A POINT ON THE SAID SOUTHERLY BOUNDARY OF TRACT 19749; THENCE SOUTH 89'45'56" WEST ALONG WITH SAID SOUTHERLY BOUNDARY OF TRACT 19749, A DISTANCE OF 76.69 FEET TO THE TRUE POINT OF BEGINNING: SUBJECT TO EASEMENTS OF RECORD IF ANY. SAID DESCRIBED EASEMENT CONTAINS 175,758 SQUARE FEET (4.03 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. �Q�OFESSJO BY_ .- - ---.—,�/ z sc ARO, DENNIS C. FARNSWORTH DATE c; or \ RCE 31653. EXP. 12/31/16t 31653 yt LIC.EXP *I !G I • 2 OF 4 * SEE LINE DATA EXHIBIT I►B II ON SHEET 4 I -- TPOB — �— _ _ _ — — • 2O v® S'LY BOUNDARY I I NO. 19749 4---- 1 Q 1 I J SE 1/4 O 05IF /7.� roTR UAPN Q 687-060-005 W I (USA) SE 1/4 • \ ID I O NE'LY LINE 3 \ c.) PARCEL "A" W CO o i + C.O.C. LM 5-115 R V NO9189185 O.R. // • PM :2704 EASEMENT 'A" AZ 1 co o I 1 \ / / 105E AND 109E 14 z / BOUNDARY/, _J C/L PASEO \ \ / AZULEJO DRIVE DI �i • -� POB �`J ' 0 o m _ I I © 0 0 SW'LY W 1 88' RCFCD CHANNEL WHI TEWATER RIVER SE 1/4 \ \ 1105E I I 1 SCALE 1"=150' AREA OF EASEMENT "A" 175,758 SQ. FT. ABBREVIATIONS APN ASSESSOR'S PARCEL NUMBER LEGEND C/L CENTERLINE /// ,I INDICATES TEMPORARY CONSTRUCTION POB POINT OF BEGINNING /1 EASEMENT AREA TPOB TRUE POINT OF BEGINNING — — PROPOSED EASEMENT LINE SITE: FZ — STREET CENTERLINE 'LOWWATERCROSSINGREPLACEMENT — —rc� PROPERTY LINE WHI TEWA TER RIVER w 31653 m I AT CATHEDRAL CANYON °` 17!31/16 \�, 2155 CHICAGO AVENUE, SUITE 301, RIVERSIDE, CA 92324 DRIVE, CATHEDRAL CITY, �� CIVILt. I (IiI11 I PH. (951) 300-1431 FAX (951) 300-1435 RIVERSIDE CO., CA. 92264 No,°�"v� �O; ,.,,HG INC. LEGAL DESCRIPTION: DENNIS C FARNSWORTH R.C.E. 31653 DATE SE 1/4 OF SECTION 28, T4S, R5E. DATE: SCALE: SHEET: JOB NO. EASEMENT/1A EXHIBIT 10/15/14 1"=150' 3 OF 4 1221-101 APN-687-060-005 EXHIBIT "B" LINE DATA TABLE • BEARING RADIUS LEN./DIST. O N00'14'55"E — 589.50' O N89'45'56"E — 329.70' © S00'09'06"W — 652.94' O S58 59'28"E — 13.07' © N89'47'01"E — 181.87' O N44 31'41"E — 100.83' O S7335'25"E — 45.39' 0 N71'59'49"E — 22.32' O N49'01'24"E — 29.08' O S87'30'45"E — 34.52' O S78'01'07"E — 17.67' ® N68'18'31"E — 24.61' • N15'14'41"E — 23.27' O N14'34'19"W — 52.93' ® N32'31'33"W — 97.03' O N32 50'32"W — 76.66' • N36'36'25"W — 134.91' O N34'16'04"W — 19.36' O N42 24'57"W — 31.24' O N4035'36"W — 53.63' ® N45'57'16"W — 110.15' • N4331'05"E — 48.91' • N46 28'55"W — 73.06' O S89'45'56"W — 76.69' SITE O QtiOFEss,044. LOW WATER CROSSING REPLACEMENT �P Z\ WHITEWATER RIVER I. oea�sc.3l1+ z; AT CATHEDRAL CANYON ' 1 1s 653 m 4/ 2155 CHICAGO AVENUE, SUITE 301, RNERSIOE, CA 92324 DRIVE, CATHEDRAL CITY, s 1 �CIVILil c PH. (951) 300-1431 FAX (951) 300-1435 RIVERSIDE CO., CA. 92264 op, -- AGrII Ali 'NM TIN;INC. LEGAL DESCRIPTION: DENNIS C FARNSWORTH R.C.E. 31653 DATE SE 1/4 OF SECTION 28, T4S, R5E. DATE: SCALE: SHEET: JOB NO. EASEMENT j1A EXHIBIT 10/15/14 NTS 4 OF 4 1221-101 APN-687-060-005