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HomeMy WebLinkAboutRecorded Doc 2018-641 • 6761154V RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Cathedral City 68700 Avenida Lalo Guerrero Cathedral City, CA 92234 2018-0006927 APN: 687-341-055 L L Cathedral Canyon Drive Bridge Project 01/05/2018 03:28 PCI Fee: $ 0.00 Page 1 of 10 NO FEE PER GOVERNMENT CODE: Recorded in Official Records 6103 and Rev. &Tax Code 11922 County of Riverside Peter Aldana Assessor-County Clerk-Recorder 511.rilANIMPIIIII SPACE ABOVE THIS LINE FOR RECORDER'S USE /g2 Title GRANT OF EASEMENT When Recorded Mailto: Tcu � p 74,4 `? 1'c/ UNITED STATES OF AMERICA DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS PALM SPRINGS AGENCY ALLOTMENT NO: PS-88E R/W FILE NO: 370-1-91 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, 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. S. 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,the tenure is temporary and not to exceed 48 months, 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. rR IN WITNESS WHEREOF, GRANTOR has executed this grant of easement this day of 011ie Beyal,Superintenc(e t Palm Springs Agency, Bureau of Indian Affairs P.O. Box 2245 Palm Springs, CA 92262 Pursuant to the authority delegated by 209 DM 8,230DM1, 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, 2017 before me, Debra A. Mayfield Jif 04, P Act (insert name and title of thd'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. �: `, Commission #2136232 Z' `' Notary Public -California i Vl9, Riverside County D t- M Comm.Expires Dec 10,2019 Signature et (I _ d (Seal) - -- - - - - - Cathedral Canyon Drive Bridge Project APN: 687-341-055 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 ' P THED C Charles P. McClendon, City Manager Date: ddlar EXHIBIT "A" LEGAL DESCRIPTION (ASSESSOR'S PARCEL NUMBER: 687-341-055) EASEMENT FOR TEMPORARY CONSTRUCTION PURPOSES OVER A PORTION OF LOT 4 OF TRACT NO. 13792-1, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 107 OF MAPS, PAGES 61 AND 62, RECORDS OF SAID COUNTY AND AMENDED BY CERTIFICATE OF CORRECTION, RECORDED MAY 27, 1981 AS INSTRUMENT NO. 96406 OF OFFICIAL RECORDS. 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, 31.46 FEET; THENCE NORTH 89°45'05" WEST, 67.80 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF PASEO AZULEJO DRIVE DISTANT 32 FEET FROM SAID CENTERLINE, SAID POINT BEING A POINT ON THE SOUTH LINE OF SAID LOT 4 AND THE POINT OF BEGINNING; THENCE NORTH 00'12'15" WEST A DISTANCE OF 8.10 FEET; THENCE NORTH 45'01'20" EAST A DISTANCE OF 23.92 FEET; THENCE NORTH 02'18'04" WEST A DISTANCE OF 115.25 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 4; THENCE NORTH 89'45'05" WEST ALONG SAID NORTH LINE, A DISTANCE OF 5.00 FEET; THENCE SOUTH 02'17'46" EAST A DISTANCE OF 113.28 FEET; THENCE SOUTH 45'01'20" WEST A DISTANCE OF 23.81 FEET; THENCE SOUTH 00'12'15" EAST A DISTANCE OF 10.18 FEET TO A POINT ON SAID NORTHERLY RIGHT-OF-WAY; THENCE NORTH 89'47'45" EAST ALONG SAID NORTHERLY RIGHT-OF-WAY, A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING; SUBJECT TO EASEMENTS OF RECORD IF ANY. 1 OF 4 SAID DESCRIBED EASEMENT CONTAINS 736 SQUARE FEET (0.02 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: DENNIS C. FARNSWORTH DATE RCE 31653, EXP. 12/31/16 • 2 OF 4 TR NO.O13792-1 EXHIBIT "8�� I II _ se' \APN 687-341 -055 (,I \ (USA) `) ` © ) \ 5 1-'� \ MB 107/61 -62 ''ci I12 SOF rj W pU 0 \ \ EASEMENT "A" 1 gg \SEE DETAIL "A" 0I v v ON SHEET 4. 1/ © I — w POB I ,L0 CO 89'45'05"w `t- `t• C/L PASEO _I 67.80' o r';-) AZULEJO DRIVE Z In• N I SCALE r=50' z * SEE LINE DATA ON SHEET 4 1 __I _ _ ____ ____ _ _ i SECTION LINE (POINT OF COMMENCEMENT) SOUTH 1/4 CORNER AREA OF EASEMENT "A" 736 SQ. FT. LEGEND OF SECTION 28 ABBREVIATIONS //7 INDICATES TEMPORARY CONSTRUCTION APN ASSESSOR'S PARCEL NUMBER EASEMENT AREA C/L CENTERLINE - - PROPOSED EASEMENT LINE POB POINT OF BEGINNING - STREET CENTERLINE SITE: 9,00.ES S,ON PROPERTY LINE ,O� `�sLOW WATER CROSSING REPLACEMENT '' DEWSCFA6NS41�c SECTION LINE WHI TEWATER RIVER t No31653 z AT CATHEDRAL CANYON 12/31/16 t( EXPs ••/ I. 2155 CHICAGO AVENUE, SUITE 301, RIVERSIDE, CA 92324 DRIVE, CATHEDRAL CITY, - C .\ib� e `/ PH. (951) 300-1431 FAX (951) 300-1435 RIVERSIDE CO., CA. 92264 °F Gnu F° . AGUILAR COMM TING INC. LEGAL DESCRIPTION: DENNIS C. FARNSWORTH R.C.E. 31653 DATE MAP BOOK 107, PAGES 61 AND 62. DATE: SCALE: SHEET: JOB NO. EASEMENT #31 EXHIBIT 10/01/15 1"=50' 3 OF 4 1221-101 APN-687-341-055 EXHIBIT "B" Oji / / i i / 0 i � 2 O O N89'45'05"W —_ 0 67.80' POB EASEMENT "A" DETAIL "A" NOT TO SCALE LINE DATA BEARING LEN./DIST. O N00'12'15"W 8.10' © N45'01'20"E 23.92' © NO2'18'04"W 115.25' O N89'45'05"W 5.00' © S02'17'46"E 113.28' O S45'01'20"W 23.81 O S00'12'15"E 10.18' 0 N89'47'45"E 5.00' LEGEND ABBREVIATIONS ///� INDICATES TEMPORARY CONSTRUCTION APN ASSESSOR'S PARCEL NUMBER EASEMENT AREA C/L CENTERLINE — — PROPOSED EASEMENT LINE POB POINT OF BEGINNING SITE: Qa°FESS,°N — STREET CENTERLINE 9, LOW WATER CROSSING REPLACEMENT 40 iso — — PROPERTY LINE h DENNIS G FARNSYIORIH WHI TEWA TER RIVER AT CATHEDRAL CANYON 12/31/16 A DRIVE, CA THEDRAL CITY, � �r�.EIV1� // C 2155 CHICAGO AVENUE, SUITE .301, RIVERSIDE, CA 92324 ?i I PH. (951) 300-1431 FAX (951) 300-1435 RIVERSIDE CO., CA. 92264 °F CAU o AGUILAR CONSU.TING INC. LEGAL DESCRIPTION: DENNIS C. FARNSWORTH R.C.E. 31653 DATE MAP BOOK 107, PAGES 61 AND 62. DATE: SCALE: SHEET: JOB NO. EASEMENT#31 EXHIBIT 10/01/15 NTS 4 OF 4 1221-101 APN-687-341-055