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Home My WebLink AboutRecorded Doc 2018-627 096 1 (02 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Cathedral City 68700 Avenida Lalo Guerrero Cathedral City, CA 92234 2018-0006678 APN: 687-060-059 01/05/2018 02:35 PM Fee: $ 0.00 Cathedral Canyon Drive Bridge Project Page 1 of 10 Recorded in erel Records NO FEE PER GOVERNMENT CODE: County of Riverside 6103 and Rev. &Tax Code 11922 Peter Aldana Assessor--County Clerk-Recorder SPACE ABOVE THIS LINE FOR RECORDER'S USE Title GRANT OF EASEMENT When Recorded Mailto: Tru OF IWO UNITED STATES OF AMERICA DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS PALM SPRINGS AGENCY ALLOTMENT NO: PS-105E R/W FILE NO: 370-1-96 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, Slope 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 0 day of Oec,efv►D-ef ?OK/. • lilac--�S1�- 011ie Beyal,Superinte ent 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 4 and Sacramento Redelegation Order No.1 (43 F.R.30131 datedJuly 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, 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 'j whose named is/ase subscribed to the within instrument and acknowledged to me that l*she/they executed the same in bia/her/tlir authorized capacity(1 ), and that by Ix?S/h r/their signatureI) on the instrument the person;), or the entity upon behalf of which the persorn 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 OIAZ „�.; , Commission #2059764 a -'rc Notary Public -California i WITNESS my hand and official seal. z ,74 Riverside CountyT. _174_,,3 j_ __ __ Mr Comm. Expires Mar 2,2018 F Signature - (Seal) Cathedral Canyon Drive Bridge Project APN: 687-060-059 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`)THED - by:WA G- i- Charles P. McClendon, City Manager Date: / LAW SUBJECT TO EASEMENTS OF RECORD IF ANY. SAID DESCRIBED EASEMENT CONTAINS 293 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: d7- ,�--1% /2/2/4 DENNIS C. FARNSWORTH DATE RCE 31653, EXP. 12/31/16 n�J 12,V-16 J* 2 OF 3 • • • r'd PETER ALDANA [recorder P.O.Box 751 COUNTY OF RIVERSIDE Riverside,CA 92502-0751 (951)486-7000 ASSESSOR-COUNTY CLERK-RECORDER rt**-411 1P:��r www.riversideacr.com ctjtiivry.('- 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 wordinq below): V--eic3- Te.cE&k .c\Tc\e,e2(2, 1N\O . 31C�cS� 0_4 / eco ST-Pre Com-- x-v-tq Date: l7 Signature: I Print Name: k.l l ACR 601(Rev.09/2005) Available in Alternate Formats I 1 \ \ EXHIBIT "B" j \ 0 88' 2 111 S4628'55"E O 6.87' I \ SW'LY R/W RCFCD CHANNEL J W WHI TEWATER RIVER 0 LO IN = I coo Ai- u \ z /' 6.- \ EASEMENT "A" cn APN EA 637-060-059 AREA OF EASEMENT "A" 293 SQ. FT. V S89'45 05"E 1 (USA) _,, -- 44.00' / S72'59'58"W 5.24' POB C.O.C. LM 5-115 6-9-1989 NO. 189185 O.R. I )1 WO PM 22704 °' 1- MB 154/63-54 CD z W5/E rn T,- CO ~ro — I I _ z I C/L PASEO I IAZULEJO DRIVE I SCALE 1"=30' N 00'14'55"E 729.74' (POINT OF COMMENCEMENT) giii,— SECTION LINE SOUTH 1/4 CORNER OF SECTION 28 LEGEND ABBREVIATIONS ///-� INDICATES C AREA ANENT SLOPE APN ASSESSOR'S PARCEL NUMBER C/L CENTERLINE — — PROPOSED EASEMENT LINE POB POINT OF BEGINNING — STREET CENTERLINE SITE: ,ea°FESS'\H,` — — PROPERTY LINE LOW WATER CROSSING REPLACEMENT �`Dens m \�'Z SECTION LINE WHITEWA TER RIVER G m 3AT CATHEDRAL CANYON 12J31/16 A • �' C I 2155 CHICAGO AVENUE, SUITE 301, RIVERSIDE, CA 92324 DRIVE, CATHEDRAL CITY, .'.:44/31101r • PH. (951) 300-1431 FAX (ss 1) 300-1435 RIVERSIDE CO., CA. 92264 AGUILAR Calk%..x°INC. LEGAL DESCRIPTION: DENNIS C. FARNSWORTH R.C.E. 31653 DATE MAP BOOK 154, PAGES 63 AND 64. DATE: SCALE: SHEET: JOB NO. EASEMENT#18 EXHIBIT 10/01/15 1"=30' 3 OF 3 1221-101 APN-687-060-059