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HomeMy WebLinkAboutRecorded doc 2016-150 2016-150 4 , 2016-0249141 J° 06/17/2016 12:58 PM Fee: $ 0.00 Page 1 of 7 Recording Requested By: Recorded in Official Records County of Riverside C,i-)--t 61)-. (ctFhedi' tf Peter Aldana Assessor-County Clerk-Recorder Whe Recorded,Mil To: IJH Vo d, a , .( 0(L (la, dr1,-d 115 R A Exam: J/ op A ve n i r WC I i Page DA PCOR Misc Long RFD 1st Pg Adtl Pg Cert 1 CC 0--Rkevrity6 -.=7 1 • C 0 • �I '/ ' _ I wr SIZE NCOR SMF G T: NG “. C._4._ 0) ..-d-3L1 .., r 0.044 s _L� KID EP pE� ,.1 t Cve -'nrner -- Co %,,''&( 03 °P IN10 UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS PALM SPRINGS AGENCY Tract No. 92E I 19 V ' v, - . 0 • R/W FILE No. 37010079PS GRANT OF EASEMENT FOR RIGHT OF WAY KNOW ALL MEN BY THESE PRESENTS: That the United States of America, acting by and through the Superintendent, Palm Springs Agency, Bureau of Indian Affairs, Department of the Interior, Palm Springs California, hereinafter referred to as "Grantor," pursuant to the authority delegated by 209 DM 8, 230 DM 1, and 3 IAM 4 and Sacramento Re-delegation 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 of Title 25, INDIANS, Code of Federal Regulations, which by reference are made a part hereof, does hereby grant to: The City of Cathedral City, a California charter city and municipal corporation, hereinafter referred to as "Grantee," an easement for right-of-way for purposes of a Temporary Construction Easement, over, across, and/or in and upon the following described land: That portion of Tract 92E located in Section 34, Township 4 South, Range 5 East, San Bernardino Base and Meridian, containing 2,386 square feet or .055 acres, more or less, within the Agua Caliente Indian Reservation, in the County of Riverside, State of California, and more particularly described on Exhibits "A"and`B" attached hereto and made apart hereof. To have and to hold the said easement and right-of-way unto the GRANTEE and unto its successors and assigns subject to the following provisions: a) GRANTEE agrees to construct and maintain the right-of-way in a workmanlike manner. b) GRANTEE agrees to pay promptly 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 on account of the survey, granting, construction and maintenance of the right-of-way. c) GRANTEE agrees to indemnify the landowners and authorized user and occupants against any liability of loss of life, personal injury and property damage arising from the construction,maintenance, occupancy or use of the lands by the applicant, his employees, contractors and their employees, or subcontractors and their employees. d) GRANTEE agrees to restore the lands as nearly as may be possible to their original condition upon completion of the construction to the extent compatible with the purpose for which the right-of-way was granted. e) GRANTEE agrees to clear the lands within the right of way to the extent compatible with the purpose of the right of way; and to dispose of all vegetative and other material cut, uprooted, or otherwise accumulated during the construction and maintenance of the project. f) GRANTEE agrees to take soil and resources conservation and protection C.31 measures, including weed control, on the land covered by the right-of-way. CX) g) GRANTEE agrees to do everything reasonably within its power to prevent and suppress fires on or near the lands to be occupied under the right-of-way. h) 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, N maintained, or operated under the right of way. .�.� i) GRANTEE agrees that upon revocation or termination of the right of way, the applicant shall, so far as is reasonably possible, restore the land to its original C' condition. j) GRANTEE agrees at all times keep the Secretary informed of its address, and in case of corporations, of the address of its principal place of business and of the names and addresses of its principal officers. 2 of 3 k) GRANTEE agrees not to 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 understood that said temporary construction easement is temporary in term, expiring thirty- six (36) months from the date of Superintendent approval, for the purpose of supporting the installation of permanent improvements, equipment, along with channel grading to maintain proper channel water flow, so long as said easement shall be actually used for the purpose above specified; and PROVIDED, that this right-of-way may be terminable in whole or in part by the grantor for any of the following causes upon 30 days written notice from the Bureau of Indian Affairs, as Grantor, 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 Grantor and Affidavit of Completion pursuant to 25 CFR 169.16. The conditions of this easement shall extend to and be binding upon and shall inure to the benefit of the successors, and assigns of the Grantee. IN WITNESS WHEREOF, Grantor has executed this grant of easement this )-) day of April, 2016. UNITED STATES OF AMERICA (x1 The Secretary of the Inteijor _ tom 011ie Beyal, Su s I intendent C,_:,� Pursuant to the authority delegated by 209 DM 8,230 DM1,and 3 IAM 4 and Sacramento Re-delegation Order No. 1 `,!'') (43 F.R. 30131,dated July 13, 1978) U.S. Department of the Interior of Indian Affairs Palm Springs Agency P.O. Box 2245 Palm Springs, CA 92262 3 of 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 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 IQ IV On Pt a5, Lo before me, 1'.21/-LVI e G�bjA Z G►! G-y �vb.�(<_J , Date 0 Here Insert Name and Title otAhe Officer personally appeared v 117 - -e Nameof Signer* who proved to me on the basis of satisfactory evidence to be the personN whose name'is/ subscribed to the within instrument and acknowledged to me that he/she/tlyey executed the same in g: her/tbr authorized capacity(i ,and that by lam/her/tl it 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. BRENDA DIAZ WITNESS my hand a • o r' • seal. 'may.�'- Commission•205976 • �• Notary Public-California E nk�Tl, Riverside County °°` My Comm.Expires Mar 2.2018+ Signature Signature of Not. Public C-" Co Place Notary Seal Above -tb OPTIONAL Though this section is optional, completing this information can deter alteration of the document or —..a fraudulent reattachment of this form to an unintended document. Description o • -ched Document ( ` Title or Type of Docum- • Document Date: '`,`-) Number of Pages: Si. - s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _-_-. Signer's Name: Li Corporate Officer — Title(s): orporate Officer — Title(s): I Partner — 1 Limited I_i General Par - — ! Limited General :I Individual Attorney in Fact lndividua Attorney in Fact [J Trustee 1 Guardian or Conservator I Trustee I Guardian or Conservator C, Other: Other: Signer Is Representing: Signer Is Representing: <'�/4�.<`.4�<`�{'.•l6`.4'�l '.•l'4�✓,{ <�✓<�:.4'd{'d6�✓,<�✓,4'diti ,4'0,4 aVti.6,:.4�4�6�.4`.:` -4 4�.4`'6�4�✓4`.4 4�,4 ©2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) I •■ #5907 EXPOSIT"A" TEMPORARY CONSTRUCTION EASEMENT All that portion of the southwest quarter of the northwest quarter of Section 34, Township 4 South, Range 5 East, San Bernardino Meridian.located in the Cray of Cathedral City.County of Riverside State of Cal forma,more particularly described as follows; COMMENCING at the intersection of the southwesterly right-of-way line of the Whilawater River Channat quitclaimed by the Riverside County Flood Control District and deeded to the Coachella Valley Water District per instrument No.42485.recorded June 13, 1958,Official Records of Riverside County.California and the east right-of-way line of Date Palm Drive having a half street width of 55.00 feet as shown on the Date Palm Drive Specific Plan adopted by the Riverside County Board of Supervisors on January 23, 1967; Menu along said east right-of-way line of Date Palle Dnve South 01'56'49'East 43.15 feel to the POINT OF BEGINNING thence leaving said oast right-of-way line North 87'4024'East 11.00 feet to a line 11.00 feet east of and parallel with the east nght-o'-way line of said Date Palm Drive; thence along said parallel line through the following Iwo(2)courses' thence South 01'56'49"East 193.40 feet to the beginning of it tangent curve concave to the west and having a radius of 8066-00 feet. thence soutneny along said curve an arc length of 55 41 feel through a central angle of 110'23'37-. thence South 88'24'40 West 11,00 feel to the east right-of-way line of said Data Palm Drive to the beginning of a non-tangent curve concave to the west and having a radius of 8055.00 feet,a radial line of said curve from said point bears North 8$'2648"East; thence northerly along said curve an arc length of 55.34 feet through a central angle or 00-23'37% thence tangent from said curve and continuing along said east right-of-way line of Date Palm L71 Drive North 01"56'49"West 20460 feet to the POINT OF,BEGINNING CONTAINING:2.386 CO taquare Oat.more a less .t:■■ EXHIBIT"B"attached hereto and by this reference made a part hereof SUBJECT TO all Covenants.Rights,Rights-of-Way and Easements of Record This description was prepared by krti* me or under my direction __ r 4.J Chas L.Alberts:. P,L S 8508 Date 1,1!j• Page 1 of 1 ON , . 1 I I P.O.C. 1 1..:, a„.›. ix 1 1* 1> /I .P.0.8. 0 I ' a N.- pl 1 y a. -'-' , 7 CI I as, 410-, V, ..., . - 2 .7. illi If 0 il tal Ad/ 4 tr) . • — _ PEREZ L. ii* 61/ ROM) li a, ......., -.... 1 cr APN 674-020-0,1 z 8.., _ t-Li 0 3 1 u 12.. 4, +4., Nt. Cil \—. 00 i ;., 55' N--"' DATA TABLE ..t:A. I 19 61.48!K/Da.14 RADIUS LENDTH .... 2 Pe7 40 24 E -- L 11,X' ---.1 3 00 23.37* 6366 66* i -S‘3.41* 4 $86 24'40 A __ 0 vt L4# "-.,,, ' - 00 23 .30 8,35 •NO ,..,'s'N --M I., 4,0. =AREA IITHiN OISTIACTDA" ..: - '.‘1;= *1.., s'‘.0 80RXR . 2.386 SO FT. EXHIBIT 'B' .. ..1 ,... LS . . .., .. • , ....< r- Ne,, Sq7ET 1 Or 1 .....1 PLAT TO ACCOMPANY A LroAL --,1e ‘.7r"' 1 ' 6C3COPTION MA A TeMPOAARY ,.4/ 9,....... * Ulla ta. • ■14.1.1..1".... . CONSTOUCTION CASEMENt ' of CA01-' ON 1440*WV*miaow&OM IP REalliir LOCATED V 4 T K NW f 44 or ..,414130111r CALOOMPO opmemot KCTION 34. 7.43.. R.U., S.11.kr. CONSULTING* No SOW Oda /di 103111141016.Ilwalropo, . A 130650-LX-009 'Roo•ilm000sow,e•RespoRewAbostsoots•-.0-00•*••'au.," 'omits■it••• Date Palm Drive Bridge Project APN: 674-020-011 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 April 25, 2016, is hereby accepted by the undersigned officer/agent on behalf of the City of Cathedral City. CITY OF CATHEDRAL CITY By: Charles P. McClendon, City Manager Date: 4)/x../.../ tZ', ra`1 Gv&