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Home My WebLink AboutRecorded Doc 2018-643 (,91(3 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Cathedral City 68700 Avenida Lalo Guerrero Cathedral City, CA 92234 2018-0006929 8 -0006929 AP N: 687-060-016 1 4�`/ Cathedral Canyon Drive Bridge Project 01/05/2018 03:28 PM 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 ritidt-Tirillt- VII 11 SPACE ABOVE THIS LINE FOR RECORDER'S USE Title GRANT OF EASEMENT When Recorded Mailto: , _'" m,,„. „,_ , ..,4„; ,1/4 OpO UNITED STATES OF AMERICA DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS PALM SPRINGS AGENCY ALLOTMENT NO: PS-88E R/W FILE NO: 379-1-75 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, Channel Structure 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 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. 41•- IN WITNESS WHEREOF, GRANTOR has executed this grant of easement this G day of OQCeV►^ 9,.tr )-O 1'/. Oi2QT 011ie Beyal,Superin dent 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 IAM4 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 DecemberDebra A. Mayfield /V On 8, 2017 Mfild before me, y P�hc�c (insert name and title of the' fficer) 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 myhand and official seal. r Commission *2136232 r*Ai Notary Public-California I z ", Riverside County Comm.Exeres Dec 102019 �A Signature c�/� �� "' ' (Seal) Cathedral Canyon Drive Bridge Project APN: 687-060-016 Certificate of Acceptance This is to certify that the interest in the PERMANENT 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 CACIT THEDgAL Y By. J14 Charles P. McClendon, City Manager Date: /24/,f EXHIBIT "A" LEGAL DESCRIPTION (ASSESSOR'S PARCEL NUMBER: 687-060-016) EASEMENTS FOR PERMANENT CHANNEL STRUCTURE 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, 213.47 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 BEING THE POINT OF BEGINNING; THENCE NORTH 00°14'55" EAST ALONG SAID WESTERLY RIGHT-OF-WAY, A DISTANCE OF 18.10 FEET; THENCE SOUTH 08°46'46" WEST A DISTANCE OF 16.04 FEET; THENCE SOUTH 46'28'55" EAST A DISTANCE OF 3.27 FEET TO THE POINT OF BEGINNING; SUBJECT TO EASEMENTS OF RECORD IF ANY. SAID DESCRIBED PARCEL CONTAINS 21 SQUARE FEET (0.0005 ACRES), MORE OR LESS. EASEMENT B: 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; 1 OF 5 THENCE SOUTH 38'46'16" EAST A DISTANCE OF 22.39 FEET; THENCE SOUTH 45°27'17" EAST A DISTANCE OF 13.06 FEET; THENCE SOUTH 58°16'56" EAST A DISTANCE OF 6.76 FEET; THENCE SOUTH 50'49'52" EAST A DISTANCE OF 4.54 FEET; THENCE SOUTH 44°19'30" EAST A DISTANCE OF 14.44 FEET; THENCE SOUTH 42'59'57" EAST A DISTANCE OF 3.61 FEET; THENCE SOUTH 38'46'16" EAST A DISTANCE OF 11.02 FEET; THENCE SOUTH 45°46'42" EAST A DISTANCE OF 27.00 FEET TO THE POINT OF BEGINNING; SUBJECT TO EASEMENTS OF RECORD IF ANY. SAID DESCRIBED PARCEL CONTAINS 29,201 SQUARE FEET (0.67 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. r-=_ /217/1;6 DENNIS C. FARNSWORTH DATE RCE 31653, EXP. 12/31/16 /.5 • 3 OF 5 EXHIBIT "B" N LINE, N 1/2 , SE 1/4, SW 1/4, OF SEC. 28 AREA OF EASEMENT "A" 21 SQ. FT. FY- M NT "B" 2 I\l 1/2, Sr 1/4, SW 1/4 I SOF 6I (1\,1 SEE DETAIL "B" - I V ON SHEET 5 W o I 88 V 1// POB A I S ► (EASEMENT "B") , I 687-060-016 -(04-14 , w (USA) �` io N89'45'05"W � In o I Q/ " "44.00' 17 - :- EASEMENT A I � / o SEE DETAIL "A" y z/ z ifuyi POB (EASEMENT "A") N C-— N89"45'05"W N89'45'05"W 44.00' S46 28'55"E 4 44.00' w N 3.27' � I POB (EASEMENT "A") w o I DETAIL "A" 7 SCALE 1"=100' o z I LEGEND NOT TO SCALE rn o z //// INDICATES PERMANENT EASEMENT AREA o C/L PASEO AZULEJO DRIVE _ — PROPOSED EASEMENT LINE T N00°14'55"E Ix 729.74' I I — STREET CENTERLINE H- PROPERTY LINE SECTION LINE—\ ! SECTION LINE (POINT OF COMMENCEMENT) ABBREVIATIONS SOUTH 1/4 CORNER OF SECTION 28 APN ASSESSOR'S PARCEL NUMBER SITE. ��O ec•FESS/04,4 C/L CENTERLINE LOW WATER CROSSING REPLACEMENT ,.� It POB POINT OF BEGINNING h Darns c.Fnrwswam+ Z WHITEWATER RIVER 6 Na 31ss3 A ' AT CATHEDRAL CANYON 12/31/16 Ezp. y 2155 CHICAGO AVENUE, SUITE 301, RIVERSIDE, CA 92324 DRIVE, CA THEDRAL CITY, ,L.`t 6tYi� P C PH. (951) 300-1431 FAX (951) 300-1435 RIVERSIDE CO., CA. 92264 \F CAU F� .AGUILAA,:O4SU Il'. . 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 #6 EXHIBIT SECTION 28, T4S, R5E. 10/01/15 1"-=100' 4 OF 5 1221-101 APN-687-060-016 • • S00'14'S5"W 5.72' EXHIBIT "B" A=16'49'39" S89 47'26"W 160.53' R=94.166'' L=27.65' T Z 611 .°::DIn'NI <7l s'9a s (u I S41'08'07"W --,,` 3.00' S48'51'53''E APN 19.51' 687-060-01 6 S83'33'55"E (USA) W 18.50' ct S56'57'34"E EASEMENT "B" czi 19.45' DETAIL "B"' CO 0 48'04'08"E 9.64' ccoo Z S43 26'18"E cv U 16.06' _, S28.49'23''E w o 22.17' 1-1-1S22 38'27"E Y)26.51' v 0 S29'03'10"E z o 33.77' SCALE 1"=40' N6136'52"E -1 ct 2.00' >- 1\l 1/2, SE 1/4, SW 1/4 S30'23'15"E 20.84' 00 00 S38.4622.39' E I S45 27'17"E 13.06' AREA OF EASEMENT "B" 29,201 SQ. FT. S58'16'56"E 6.76' / S50'49'52"E 4.54' / LEGEND S44'19'30"E 14.44' 5425957"E 3.61' V///1S38 46'16"E 11.02' N89'45'05"W INDICATES PERMANENT EASEMENT AREAS4546'42"E 44.00' PROPOSED EASEMENT LINE 27.00' — STREET CENTERLINE (EASEMENT "B") ABBREVIATIONS POB — — PROPERTY LINE APN ASSESSOR'S PARCEL NUMBER SITE. QROFE33,ON,( CA_ CENTERLINE LOW WATER CROSSING REPLACEMENT �� " oea+�sc.Fuu�voRn+ PQB POINT OF BEGINNING WHITEWA TER RIVER No. 31653 z AT CATHEDRAL CANYON 1 re , is E* i i' 2155 CHICAGO AVENUE, SUITE 301, RIVERSIDE, CA 92324 DRIVE, CATHEDRAL CITY, it: ' / :4 - , PH. (951) 300-1431 FAX (951) 300-1435 RIVERSIDE CO., CA. 92264 \__ _/ E`' 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 16 EXHIBIT SECTION 28, T4S, R5E. 10/01/15 1"=40' 5 OF 5 1221-101 APN-687-060-016 I