HomeMy WebLinkAboutRecorded Doc 2018-626 d01-84 .
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Cathedral City
68700 Avenida Lalo Guerrero 2018-0006674
Cathedral City, CA 92234
APN: 687-060-005 01/05/2018 02:35 PM Fee: $ 0.00
Cathedral Canyon Drive Bridge Project Page 1 of 8
Recorded in Official Records
NO FEE PER GOVERNMENT CODE: County of Riverside
Peter Aldana
6103 and Rev. &Tax Code 11922 Assessor-County Clerk-Recorder
111 VI
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-105E
R/W FILE NO: 370-1-92
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, a
right-of-way for Monument 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.
IN WITNESS WHEREOF, GRANTOR has executed this grant of easement this day of
nLC,er4-ef, DD .
011ie Beyal,Super' ndent
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
IAM4and 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 person.( whose named isle
subscribed to the within instrument and acknowledged to me thatNishe/thy executed the same in
hi4lher/tEW authorized capacity( s), and that by`bas/her/tt str 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.
e� BRENDA DIAZ
,,ti Commission # 2059764
WITNESS my hand and official seal. z �.� Notary Public -California z
'rl' Riverside County
I____ _ MM comm. Expires Mar 2,2T 8 t
....'5
Signature 16, . (Seal)
Cathedral Canyon Drive Bridge Project
APN: 687-060-005
Certificate of Acceptance
This is to certify that the interest in the PERMANENT MONUMENT 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 • t'THEDRAL C
By W.. -. 1 . . OI
Charles P. McClendon, City Manager
Date: Ma
EXHIBIT "A"
LEGAL DESCRIPTION
(ASSESSOR'S PARCEL NUMBER: 687-060-005)
EASEMENT FOR PERMANENT MONUMENT PURPOSES OVER A PORTION OF
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:
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, 192.17 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 BEING THE POINT OF
BEGINNING;
THENCE SOUTH 89°45'05" EAST A DISTANCE OF 3.50 FEET;
THENCE NORTH 00°14'55" EAST PARALLEL WITH SAID EASTERLY
RIGHT-OF-WAY, A DISTANCE OF 20.50 FEET;
THENCE NORTH 89'45'05" WEST A DISTANCE OF 3.50 FEET TO A POINT ON
SAID EASTERLY RIGHT-OF-WAY;
THENCE SOUTH 00'14'55" WEST ALONG SAID EASTERLY RIGHT-OF-WAY, A
DISTANCE OF 20.50 FEET TO THE POINT OF BEGINNING;
SUBJECT TO EASEMENTS OF RECORD IF ANY.
SAID DESCRIBED EASEMENT CONTAINS 72 SQUARE FEET (0.002 ACRES),
MORE OR LESS,
1 OF 3
EXHIBIT "B"
I EASEMENT "A" N89'45'05"W
S89'45'05"E SEE DETAIL "A" 3.50'
44.00'
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3.50'
(POINT OF COMMENCEMENT) DETAIL "A"
SOUTH 1/4 CORNER OF NOT TO SCALE
SECTION 28
LEGEND
/''// INDICATES PERMANENT MONUMENT EASEMENT
- - PROPOSED EASEMENT LINE
— STREET CENTERLINE ABBREVIATIONS
— PROPERTY LINE APN ASSESSOR'S PARCEL NUMBER
SECTION LINE C/L CENTERLINE
SITE: (EssJok.
POB POINT OF BEGINNING
LOWWATER CROSSING REPLACEMENTWHITEWATER RIVER FRNSWORTHr n
AT CATHEDRAL CANYON a�161653 x
DRIVE, CATHEDRAL CITY, 2155 CHICAGO AVENUE, SUITE 301, RIVERSIDE, CA 92324
RI`/ H. (951) 300-1431 FAX 951 3 —
ERSIDE CO., CA. 92264 CALIF t ) 00 1435
,,G lit AR CG4`II,TI'S:;Ih"..
LEGAL DESCRIPTION: DENNIS C. FARNSWORTH R.C.E. 31653 DATE
SE 1/4 OF SECTION 28, T4S, R5E. DATE: SCALE: SHEET. JOB NO. EASEMENT#4 EXHIBIT
10/01/15 1"=60' 13 OF 3 i 1221-1011 APN-687-060-005