HomeMy WebLinkAboutRecorded Doc 2018-631 RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Cathedral City
68700 Avenida Lalo Guerrero
Cathedral City, CA 92234 2018-0006676
APN: 687-060-016 01/05/2018 02:35 PM Fee: $ 0.00
Cathedral Canyon Drive Bridge Project Page 1 of 9
NO FEE PER GOVERNMENT CODE: Recorded in Official Records
County of Riverside
6103 and Rev. &Tax Code 11922 Peter or-Coa 7SP
Assessor-County Clerk Recorder
III
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Title
GRANT OF EASEMENT
When Recorded Mailto:
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UNITED STATES OF AMERICA DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
PALM SPRINGS AGENCY
ALLOTMENT NO: PS-88E
R/W FILE NO: 370-1-83
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 David Ward and Jacob Ward; 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, Slope
purposes related to the Cathedral Canyon Drive Bridge Project, located on the
following described land:
See Exhibits "A" and "B" attached hereto.
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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.
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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 without limitation as
to tenure, 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.
v 0—
IN WITNES WHEREOF, GRANTOR has executed this grant of easement this D day of
pce m 041D-0 1 ri .
aeidt.. ._, ,
011ie Beyal,Superintend:,'t
Palm Springs Agency, Bureau of Indian Affairs
P.O. Box 2245
Palm Springs,CA 92262
Pursuant totheauthority 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).
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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, Debra A. Mayfield , 5,4) 1,c,
(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(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) 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.
DEBRA A. MAYfIELD
WITNESS my hand and official seal.
u-rn.
commission #2136232
Notary Public - California,
? Riverside County
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My Comm.Expires Dece102019
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Signature ��Y� C. cf (Seal)
Cathedral Canyon Drive Bridge Project
APN: 687-060-016
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 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 • EDRptit
By z
arses P. McClendon, City Manager
Date: hill D/e
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EXHIBIT "A"
LEGAL DESCRIPTION
(ASSESSOR'S PARCEL NUMBER: 687-060-016)
EASEMENTS FOR PERMANENT SLOPE PURPOSES OVER PORTIONS OF THE
NORTH HALF OF THE SOUTHEAST 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 SOUTH 1/4 CORNER OF SAID SECTION 28, SAID POINT
BEING ON THE CENTERLINE OF CATHEDRAL CANYON DRIVE;
THENCE NORTH 00'14'55" EAST ALONG SAID CENTERLINE, 729.74 FEET TO
CENTERLINE INTERSECTION OF PASEO AZULEJO DRIVE AS SHOWN ON THE
MAP OF TRACT NO. 13792-1, FILED IN BOOK 107 OF MAPS, AT PAGES 61
AND 62, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA;
THENCE CONTINUING NORTH 00'14'55" EAST ALONG SAID CENTERLINE
OF CATHEDRAL CANYON DRIVE, 241.88 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 HEREINAFTER REFERRED TO
AS POINT "A";
THENCE NORTH 00'14'55" EAST ALONG SAID WESTERLY
RIGHT-OF-WAY, 41.70 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING NORTH 00'14'55" EAST ALONG SAID
WESTERLY RIGHT-OF-WAY, A DISTANCE OF 36.47 FEET TO A
POINT ON A NON-TANGENT 13.00 FOOT RADIUS CURVE
CONCAVE SOUTHEASTERLY TO WHICH A RADIAL LINE BEARS
NORTH 00'54'15" WEST;
THENCE 20.93 FEET SOUTHWESTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 92'13'32" TO A POINT TO WHICH A RADIAL LINE
BEARS SOUTH 86'52'14" WEST;
THENCE SOUTH 03°07'46" EAST A DISTANCE OF 8.58 FEET;
THENCE SOUTH 32'33'39" EAST A DISTANCE OF 16.83 FEET;
THENCE SOUTH 89'45'05" EAST A DISTANCE OF 3.09 FEET TO THE
POINT OF BEGINNING;
SUBJECT TO EASEMENTS OF RECORD IF ANY.
1 OF 3
SAID DESCRIBED PARCEL CONTAINS 354 SQUARE FEET (0.01 ACRES),
MORE OR LESS.
EASEMENT B:
COMMENCING AT SAID POINT "A"; SAID POINT "A" BEING THE POINT
OF BEGINNING;
THENCE NORTH 32'33'39" WEST A DISTANCE OF 19.15 FEET;
THENCE SOUTH 02°13'31" EAST A DISTANCE OF 23.19 FEET;
THENCE SOUTH 04'19'22" WEST A DISTANCE OF 11.77 FEET;
THENCE SOUTH 46°28'55" EAST A DISTANCE OF 10.76 FEET;
THENCE NORTH 08°46'46" EAST A DISTANCE OF 16.04 FEET;
THENCE NORTH 00°14'55" EAST ALONG SAID WESTERLY RIGHT-OF-WAY,
A DISTANCE OF 10.32 FEET TO THE POINT OF BEGINNING;
SUBJECT TO EASEMENTS OF RECORD IF ANY.
SAID DESCRIBED PARCEL CONTAINS 288 SQUARE FEET (0.01 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: l=
DENNIS C. FARNSWORTH DATE
RCE 31653, EXP. 12/31/16
B 14 R 6 n'
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2 OF 3
DETAIL "A" EXHIBIT "B"
NOT TO SCALE
.6=92'13'32"
N0054'15"W
N 1/2, SE 1/y1, SW 1/4 R=13.00'
L=20.93'3 /687APN -016
(RADIAL)
CEi S86'S2,74,w /
(USA) POB (RADI ) Z"
EASEMENT "A" (EASEMENT "A") A� /W� _ W
"AN
i ' S03'07'46"E V
SEE DETAIL 0 8.58' ✓v 1- o
POB . I , �6 o z
(EASEMENT "B") N00 14 55"E POB
" 41 70' 532'33'39"E z O
POINT A 16.83' (EASEMENT "A") Z
N89'45'05"W
1 EASEMENT "B"� I r 44.00' S89'45'05"E J
SEE DETAIL B Ii ( 3.09'
Et b
Q W
ti
0 N32'33'39"W I w U
0o z 19.15' I1
;t: c.) f` NI-
F -I �,
188' s � o
is I)
z1014-1
SO2'13'31"E W 23.19 i ,� N89'45'05"W 44.00'
o Q (4 POB
TR NO. 13792-1 z I cc "(EASEMENT B )"
504'19'22"W ✓Z POINT A
... -------- ______)
U I 11.77' I/y N0010.325„E
C/L PASEO AZULEJO DRIVE No8'46'46"E a N
N00'14'55"E S46'28'S5"E �l , I 16.04' Z
729.74' 10.76'
—� DETAIL "B"
NOT TO SCALE
SECTION LINE1
AREA OF EASEMENT "A" 354 SQ. FT.
(POINT OF COMMENCEMENT) AREA OF EASEMENT "B" 288 SQ. FT.
SOUTH 1/4 CORNER LEGEND
OF SECTION 28
ABBREVIATIONS SCALE 1”=80' ////1 INDICATES PERMANENT SLOPE
EASEMENT AREA
APN ASSESSOR'S PARCEL NUMBER – – PROPOSED EASEMENT LINE
C/L CENTERLINE
POB POINT OF BEGINNING — STREET CENTERLINE
SITE: QROFESS/oH — — PROPERTY LINE
tea
LOW WATER CROSSING REPLACEMENT /�% l SECTION LINE
WHITEWA TER RIVER _y 1 NSG Z
31653 at m
AT CATHEDRAL CANYON 12/31
DRIVE, CATHEDRAL CITY,
`\?xv_ ✓.'. C_1 2155 CHICAGO AVENUE, SUITE 301, RIVERSIDE, CA 92324
PH. (951) 300-1431 FAX (951) 300-1435
RIVERSIDE CO., CA. 92264 °F CAU FO54'
AGJI'I AR CONS1J.TING INC.
LEGAL DESCRIPTION: DENNIS C. FARNSWORTH R.C.E. 31653 DATE
N 1/2 OF SE 1/4 OF SW 1/4 OF DATE: SCALE: SHEET: JOB NO. EASEMENT#7 EXHIBIT
SECTION 28, T4S, R5E. 10/01/15 1"=80' 3 OF 3 1221-101 APN-687-060-016