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HomeMy WebLinkAboutRecorded doc 2016-1512016-151 2016-0249142 7 06/17/2016 12:58 PM Fee: $ 0.00 Page 1 of 9 Recording Requested By: Recorded in Official Records County of Riverside 1 Peter Aldana C&thid v I ( Assessor-County Clerk-Recorder When ecorded,Mail To: illsmikvagmtfull C �I� '1 �� i5‹ R A Exam: (/0 (0 0100 -v�e n((Cc/.- ) Page DA PCOR Misc Long RFD 1st Pg Adtl Pg Cert CC C U 'Yrerp c CA I SIZE NCOR SMF�CHGT: IVO FEP PER-- veer ow-f-rod ‘oi V 3 UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS PALM SPRINGS AGENCY Tract No. 94C AN) (to7q 070-0/Z R/W FILE No. 37010081PS 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 94C located in Section 34, Township 4 South, Range 5 East, San Bernardino Base and Meridian, containing 60,208 square feet or 1.382 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. .da 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 —s and other material cut, uprooted, or otherwise accumulated during the y� construction and maintenance of the project. f) GRANTEE agrees to take soil and resources conservation and protection measures, including weed control, on the land covered by the right-of-way. 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, 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 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 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, and will expire thirty-six (36) months after the Superintendent's approval, 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 an Affidavit of Completion pursuant to 25 CFR 169.16. Cal The conditions of this easement shall extend to znd be binding upon and shall inure to the benefit of the successors, and assigns of the Grantee. .J1• IN WiTT IESS WHEREOF, Grantor has executed this grant of easement this� day of April, 2016. UNITED STATES OF AMERICA The Secretary of the Interior ejLL:t 011ie Beyal, Supeantendent a' 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) U.S. Department of the Interior Bureau 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 e, C4 , On Li JO l i p before me, Y-QXI CL_D7 6,Z `V O-1-0-i/ PU (. , Date Here Insert Name and Title ofd Officer personally appeared VI I I ++GG 4 Q NamreSine g r' who proved to me on the basis of satisfactory evidence to be the person) whose nam*) is//j' subscribed to the within instrument and acknowledged to me that /she/#a*y executed the same in ) (s/her/tffaif authorized capacity), and that by h (her/their signature on the instrument the person, or the entity upon behalf of which the persorife1 acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws C"n of the State of California that the foregoing paragraph 00 BRENDA I)IAZ is true and correct. Commissions 2059764 WITNESS my han. - . office. seal. §"Alt, ;" Notary Public-California - / Riverside County ---5 Mp Comm.Expires Mar 2,2014 Signature Signature of Not. Public CD Place Notary Seal Above OPTIONAL ON Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Des • on of Attached Document Title or Type o :- ument: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s Signer's Name: _._._ Signer's Name: H7 Corporate Officer — Title(s): Corporate Officer — Title(s): r l Partner — LI Limited L,i General ':.ner — ! Limited ; General Individual Attorney in Fact Indivi•.c Attorney in Fact Trustee Guardian or Conservator I. I Trustee I I Guardian or Conservator Li Other: I I Other: Signer Is Representing: Signer Is Representing: Lg_?:'NTti 'Y5 .5�.'LA• 5�5�5�a!<�✓"�5�'!5�'✓.SAS'a5�'1��:.�yf�4\:.5�'T�5\_/,5\d5�✓5��:: .4\:S�J/.5�5�5�✓5�✓5�.5�.5�✓•5�✓5�✓5�. �5�✓5�'.55�✓5' ©2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Ite 5907 EXHIBIT"A" TEMPORARY CONSTRUCTION EASEMENT All that portion of the northwest quarter of the northwest quarter of Section 34.Township 4 South, Range 5 East,San Bernardino Meridian,located In the City of Cathedral City,County of Riverside, State of California,more particularly described as follows: COMMENCING at the northwest corner of said Section 34; thence along the north tine of said Section 34 North 89'55-44"East 62.81 feel; thence leaving said north line of said Section 34 South 00'04'16'East 50-00 feet to the south right-of-way lute of Gerald Ford Drive having a half-street width of 50.00 feet per Right-Of-Way Map approved on October 15, 1946 and Grant of Easement recorded January 14, 1970 as Instrument No. 3703 of Official Records of the County of Riverside.State of California, said point also being the POINT OF BEGINNING; thence along said south right-of-way line of Gerald Ford Drive North 89'55'44' East 20 84 feel; thence South 00`04'16'East 11,00 feet to a line parallel with and distant 11 00 south of said south right-of-way line of Gerald Ford Drive; thence along said parallel Eno South 89'55'44' West 22.83 feet; thence South 00`05'57 West 528 27 feet along a tine 11 00 feel east of and parallel with the east nght-of-way tine of Dale Palm Drive having a half-street width of 5300 feet as shown on the Date Palm Drive Specific Plan adopted by the Riverside County Board of Supervisors on January 23, 1967: thence South 89'54`03' East 25,00 felt to the beginning of a non-tangent curve concave to the east and having a radius of 17909.00 feel,a radial line of said curve at said point bears North 89'53'30'West; thence southerly along said curve an arc length of 80 92 feet through a central angle of 00'15'32' thence non-tangent from said curve South 89 651'59'West 4.09 feet: CD thence South 44'35'10-West, 11,24 feet. ---s thence South 11'51 00"West,61.91 feet to the beginning of a non-tangent curve concave to the east and having a radius of 17934 00 feet a radial line of said curve from said point bears South 89'37'50'West. thence southerly along said curve and along a line 11 00 feat east of and parallel with the east 0' right-of-way line of said Dale Palm Drive an arc length of 104 68 feel through a central angle of 00'2004"to a point on the northeasterly right-of-way line of the Whitewater River Channel 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. Page 1 of 2 thence along said northeasterly night-of-way brie South 46'26'37"East 362 06 feet: thence South 10'29'12-West 228 11 feet to the south toe of the northwest quarter of the northwest quarter of said Section 35, thence along said south line South 89'55'49'West 153.36 feel, thence North 01633'02'East 286.84 feel, thence South 46 625'43'East 145.04 feel.. thence North 82'32'15'East 38.73 feet, thence North 43`32'59'East 28.25 feet. thence North 46°25'43 West 342.37 feet to the east right-of-way line of said Date Palm Drive, said point also being the beginning of a non-tangent curve concave to the east and having a radius of 17945.00 feet.a radial brie of said curve from said point bears North 89'09'02'East thence northerly along said curve and said easterly right-of-way line an arc length of 29? 10 feet through a central angle of 00 656'55 thence tangent from said curve North 00'0557'East 529.19 feet to the begrnrnrrg of a tangent curve concave to the southeast and having a radius of 13 00 feet, thence northeasterly along said curve an arc ie gth of 20 38 test through a central angle of �1 89`49'47'to me POINT OF BEGINNING. CONTAINING:60,206 square feel more Of less EXHIBIT-13"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 me or under my direction Q • tliristophr L Alberts,P L S.8508 (r. Dale \_�V Page 2 of 2 1 • . ID P.O.B. — T — P.O.C.NW CCRNER 11 E l' n GERALD FORD DRIVE R/W OF SEC. 34 - 'I � 0 GERALD FOR' 5) cli. c�z►vE to II 8 i N w VI - I n CCV M i L, s = o o # w 0 VI 8 k $ , APN 674-020-012 0 1 ; 0 i 8 --- 00 Q -;Z I ° - I -- ' � 1 5 N - (�4 1 t r' ' <I a I 1 IV `ter-• • C r�,� ( fig.�` .w ��� I I ."‹0 11 �� � I78 s ur LI J _. . �, ?I ,, \ '1_3 '1 `I v 11 : M 'LY RJ 1!€ *'i1EUUATER RIVER Q AHED y11h1� L'P SC.1IVr , SEE SHEET 2 FOR DATA IA&[ BORDER = 60.20P Su. �1. � EXHIBIT 'B" I 1 �...,... SHEET 1 012 PLAT TO ACCOMPANY A LEGAL OCSCRIPTION TOR A TEMPORARY i SEE ELT 'f_ r.ac cawma.•p•l AfRY CONSTRUCTION EASEMENT, • • ■ ►rMOs•R crloq.rro-414 CDN•ULTIN6 near t.r ha Macaw.w011110wr. LOCATED IN INC NW 1 A Or SECTION 34, T.4S., R.SE., S.R.M. ..ft I30556-EX-o05 .svermVwa3Ynapp wrox m-ni-en OYC iurCrt 1 MMM 0 A w DATA ?AE U 0 DEARitG/DEi TA 'j RADWS LENGTH 1 N895544 E 1 l 62.81.. SITU t 2 • 18 - 500„ \, _4 N89'55'44 0 - II 84 4 S�CY04 16 E - I _-__ rr 1 S89"55°44'".I,_. __; M 22.83' 6 S 54'03 E T -- 25.00 �1 15 III. 00 95 32" 17909.00 50.92' B 589 51 59 * -- 4.09 c3 9 1 S44 35 10"N _ -- 11.24' NE'LY RAI LIM 10 5•1 51 00 * -` ,� 61.9' �JJ i 4 11 00 20 04" 17934.017 04 68' >~ t. .S 1 12 X46=G;37�E ... -' 361,06 , 13 &87g-32'15 1 38 73' 1 ` 14 N43`32 E __7 .. mm26 25 t� , y�,� �'j 15 00 56 55' 17945,00' 297 10' i6 -89'4g 47a .,...w 13.m 20.3a cn IN r.,T Y k �; af• i` ' N # ___.s .r O N ! to t 9 < _ `•' .gip 43 1 \ NI 589'55'49"R tn." / _ < N. 153.36 ItT O I 1/16 SECT ICh L1P,E n _..rJ ! (ji\ ct> '' 4 Et 6♦s Q AREA 111TIH: Di STINCI'IVI" _� �' of BOWERR - 60,208 50 El. 'r- t5 tic a50t4- '°f EXHIBIT 'e' I`1,y..r �� �t T e 2 ito 1"W4^+.w... M M.it • w.A .q,11T,t01.• MAT TO ACCOMPANY A LLCM. DESCRIPTION TOR A TEMPORARY -if M 1.- a+-as c a 14 PM NOV CONSTRUCTION EASEMENT. 11111111 .a<r cwsa4w.aww C6N SUITINCI nn a44 r4a,cm 4414814....MV.... LOCATED IN TIME Nw 1/4 OF SECTION 34. L4S., R.5E., S.B.M. .i«t 130356-P:x-05 Date Palm Drive Bridge Project APN: 674-020-012 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 B6;63449 Charles P. McClendon, City Manager Date:1 pr," ;7-c/0