HomeMy WebLinkAboutRecorded Doc 2018-630 RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Cathedral City
68700Avenida Lo Guerrero
2018 -0006681
Cathedral City, CAA92234
APN: 687-060-059 01/05/2018 02:35 PM Fee: $ 0.00
Cathedral Canyon Drive Bridge Project Page 1 of 11
Recorded in Official Records
NO FEE PER GOVERNMENT CODE: County of Riverside
Peter Aldana
6103 and Rev. &Tax Code 11922 Assessor-County Clerk-Recorder
VIATO i1116,11 75/0,-
SPACE ABOVE THIS LINE FOR RECORDER'S USE
4
4
Title
GRANT OF EASEMENT
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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-105E
R/W FILE NO: 370-1-95
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 Clara Bow, Loni Bow, Malerie Marquez,Tanya
Morretii and Darlene Bow, heirs of Leonard Charles Bow, PS-105E; 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
,
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 b day of
P Cc a0 .
011ie Beyal,Superi dent
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 4and 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, 2017before 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 persons whose nam051 istace
subscribed to the within instrument and acknowledged to me that'/she/they executed the same in
1*s/her/their authorized capacity(lias), and that bybit/her/filtir signature(. Q 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.
BRENDA DIAZ
�nL Commission #2059764
ftNotary Public-California z
WITNESS my hand and official seal. z Riverside County
) M Comm. Expires Mar 2, 2018
•
Signature I i (Seal)
Cathedral Canyon Drive Bridge Project
APN: 687-060-059
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 HED7yITY
OD-7C—
Charles P. McClendon, City Manager
Date: //Z72-D41
EXHIBIT "A"
LEGAL DESCRIPTION
(ASSESSOR'S PARCEL NUMBER: 687-060-059)
EASEMENTS FOR TEMPORARY CONSTRUCTION PURPOSES OVER PORTIONS
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, IN THE CITY OF CATHEDRAL CITY, COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP THEREOF FILED IN BOOK
154 OF PARCEL MAPS, AT PAGES 63 AND 64, IN THE OFFICE OF THE
COUNTY RECORDER OF RIVERSIDE COUNTY, 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, 5.50 FEET;
THENCE SOUTH 89°45'05" EAST, 44.00 FEET TO A POINT ON THE
EASTERLY RIGHT-OF-WAY OF CATHEDRAL CANYON DRIVE DISTANT 44
FEET FROM SAID CENTERLINE, SAID POINT HEREINAFTER REFERRED TO
AS POINT "A"; SAID POINT "A" BEING THE POINT OF BEGINNING;
THENCE SOUTH 89°45'05" EAST A DISTANCE OF 18.00 FEET;
THENCE NORTH 00'14'55" EAST PARALLEL WITH SAID EASTERLY
RIGHT-OF-WAY, A DISTANCE OF 7.72 FEET;
THENCE NORTH 54°46'14" WEST A DISTANCE OF 19.53 FEET;
THENCE NORTH 00°14'55" EAST PARALLEL WITH SAID EASTERLY
RIGHT-OF-WAY, A DISTANCE OF 30.30 FEET;
THENCE SOUTH 89°45'05" EAST A DISTANCE OF 3.00 FEET;
THENCE NORTH 00°14'55" EAST PARALLEL WITH SAID EASTERLY
RIGHT-OF-WAY, A DISTANCE OF 3.18 FEET;
THENCE NORTH 72°59'58" EAST A DISTANCE OF 18.46 FEET;
1 OF 4
THENCE NORTH 55°38'34" EAST A DISTANCE OF 34.23 FEET TO A POINT ON
THE SOUTHWESTERLY RIGHT-OF-WAY OF THE RIVERSIDE COUNTY FLOOD
CONTROL DISTRICT CHANNEL (KNOWN AS THE WHITEWATER RIVER) AS SHOWN
ON SAID PARCEL MAP NO. 22704;
THENCE NORTH 46°28'55" WEST ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY,
A DISTANCE OF 62.91 FEET;
THENCE SOUTH 00°14'55" WEST PARALLEL WITH SAID EASTERLY
RIGHT-OF-WAY OF THE CATHEDRAL CANYON DRIVE, A DISTANCE OF 55.47
FEET;
THENCE SOUTH 72°59'58" WEST A DISTANCE OF 5.24 FEET TO A POINT ON
SAID EASTERLY RIGHT-OF-WAY;
THENCE SOUTH S00°14'55" WEST ALONG SAID EASTERLY RIGHT-OF-WAY, A
DISTANCE OF 63.40 FEET TO THE POINT OF BEGINNING;
SUBJECT TO EASEMENTS OF RECORD IF ANY.
SAID DESCRIBED EASEMENT CONTAINS 2,039 SQUARE FEET (0.05 ACRES),
MORE OR LESS,
EASEMENT B:
COMMENCING AT SAID POINT "A";
THENCE SOUTH 00°14'55" WEST ALONG SAID EASTERLY
RIGHT-OF-WAY, A DISTANCE OF 30.50 FEET TO THE POINT OF
BEGINNING;
THENCE CONTINUING SOUTH 00°14'55" WEST ALONG SAID
EASTERLY RIGHT-OF-WAY, A DISTANCE OF 12.80 FEET TO A
POINT ON A NON-TANGENT 17.92 FOOT RADIUS CURVE
CONCAVE SOUTHEASTERLY TO WHICH A RADIAL LINE BEARS
NORTH 51'10'31 " WEST;
THENCE 4.42 FEET NORTHEASTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 14°07'22" TO A POINT WHICH A RADIAL LINE BEARS
NORTH 37°03'09" WEST, SAID POINT BEING A POINT ON A
NON-TANGENT 22.46 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY TO
WHICH A RADIAL LINE BEARS NORTH 31°49'56" WEST;
THENCE 7.40 FEET NORTHEASTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 18°52'45" TO A POINT WHICH A RADIAL LINE BEARS
NORTH 12'57'11 " WEST;
2 OF 4
THENCE NORTH 18°03'45" WEST A DISTANCE OF 10.03 FEET TO
A POINT ON A NON-TANGENT 32.46 FOOT RADIUS CURVE
CONCAVE SOUTHEASTERLY TO WHICH A RADIAL LINE BEARS
NORTH 14'31 '48" WEST;
THENCE 7.31 FEET SOUTHWESTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 12'54'00" TO THE POINT OF BEGINNING;
SUBJECT TO EASEMENTS OF RECORD IF ANY.
SAID DESCRIBED EASEMENT CONTAINS 93 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.
BY: �� • C � .r ------;, /2/21A
DENNIS C. FARNSWORTH DATE
RCE 31653, EXP. 12/31/16
3 OF 4
Ri{.4.
*''� PETER ALDANA Recorder
P.O.Box 751
COUNTY OF RIVERSIDE Riverside,CA 92502-0751
1 ASSESSOR-COUNTY CLERK-RECORDER (951)486-7000
Jfr W www.riversideacr.com
r0 'ry
CERTIFICATION
Pursuant to the provisions of Government Code 27361.7, I certify under the penalty of perjury
that the following is a true copy of illegible wording found in the attached document:
(Print or type the page number(s) and wording below):
par-fecQA .Pcbc-e-5::500c)0 EOCVNe-e-i2-r
X2/311,tp
3 C \r‘^t `
I j
t ;
Date: \ v a
Signature: - /11111r`
Print Name: ,\M er •
ACR 601(Rev.09/2005) Available in Alternate Formats
A
F
EXHIBIT /r AREA OF EASEMENT ::BA,','
A" 9,3039SQ.SQ.FT. FT. NE'LY LINEC.O.C. LM PARCEL5115 "A"
88' I 6-9-1989
I-- \ NO. 189185 O.R.
�� \ PM 22704
I f SW'L Y R/W
tri
•q-
c9-
ss RCFCD CHANNEL
I 3 WHITEWA TER RIVER
I (EASEM NT "A�/•
I'N72 59 58 E i
S75.
2458"W 21 17 / ,-))
�� 18.46' � ,i,-5, b'E
(:) � .�a� APN
CD 687-060-059
�1 N00'14'55"E (USA)
SCALE 1"=.30' v ,�� 3.18'
589'45'05"E
C.O.C. LM 5-115
....1
3.00' 6-9-1989
70 I N00'14'55"E NO. 189185 O.R.
If) 30.30' PM 22704
N54'46'14"W
I 19.53'
MB 154/63-64
N00'l4'55'E (EASEMENT "A") _cu POINT "A" NDO'14'S5"ELasE
1 . 5.50' 7.72'
ciD4
C/L PASEO I _
S89'45'05"E
6 AZULEJO DRIVE 44.00' 4=12'54'00" S89'45'05"E
z
SO0'14'55"W R=32.46' 18.00'
30.50' L=7.31'
N 14'31'48"W
POB (EASEMENT "B") (RADIAL)
S00'14'55"W • N18'03'45"W
12.80'
N O N51'10'31"W N 12•10.03'�11"yy EASEMENT "B"
Z (RADIAL) ' (RADIAL)
L 14'07'22" ,6_,N
'18'52'45"
(POINT OF COMMENCEMENT) R=17.92' R=22.46'
SOUTH 1/4 CORNER OF V L=4.42' L=7.40'
SECTION 28 N37'03'09"W N31'49'56"W
—7 —RADIAL) (RADIAL)
ABBREVIATIONS SECTION LINE LEGEND
APN ASSESSOR'S PARCEL NUMBER //// INDICATES TEMPORARY CONSTRUCTION
C/L CENTERLINE EASEMENT AREA
POB POINT OF BEGINNING — — PROPOSED EASEMENT LINE
SITE: _ STREET CENTERLINE
6�Q,0 ESSi0N,, .�
LOW WATER CROSSING REPLACEMENT ,e 4 Fy PROPERTY LINE
WHITEWATER RIVER °EN"��F�" Z SECTION LINE
AT CATHEDRAL CANYON
"o 3v�1653 Al /
DRIVE, CATHEDRAL CITY, _ I '�! '�+ Cl 2155 CHICAGO AVENUE, SUITE 301, RIVERSIDE, CA 92324
RIVERSIDE CO. CA. 92264L of ,6--;C- PH. (95 i) 300-1431 FAX (951) 300-1435
+....� AGVI.AA C045U.IV.,r.
LEGAL DESCRIPTION: DENNIS C. FARNSWORTH R.C.E. 31653 DATE
MAP BOOK 154, PAGES 63 AND 64. DATE: SCALE: !SHEET: !JOB NO. I EASEMENT#17 EXHIBIT
APN-687-060-059
10/01/15 1"=30' 4 OF 4 1221-101 1