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HomeMy WebLinkAboutRecorded doc 2016-152 2016-152 2016-0249143 06/17/2016 12:58 PM Fee: $ 0.00 Page 1 of 10 Recorded in Official Records Recording Requested By: County of Riverside Peter Aldana (AlOo(4hvdmi r Assessor-County Clerk-Recorder IS " I M " V' When Recorded,Mail To: C — 0 NW Mil ,r5 R A Exam: p Page DA PCOR Misc Long RFD 1st Pg Adtl Pg Cert CC (p?- 00 /4 re tit d-A- • /0 1 Cj ' yry . SIZE NCOR SMF CHG ^ C, (� e , IF Cf: ';',?3( f -4?- C-70vernrqehel- 00(fe- UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS PALM SPRINGS AGENCY ��� _� Tract No. 92E pNDl,7L1 / R/W FILE No. 37010080PS 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 36,262 square feet or .832 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 origins1 condition upon completion of the construction to the extent compatible with the purpose for which the right-of-way was granted. 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. 1 GRANTEE agrees to take soil and resources conservation and protection measures, including weed control, on the land covered by the right-of-way. CFI g) GRANTEE agrees to do everything reasonably within its power to prevent and CC) 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, or operated under the right of way. CD 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, 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 an 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 The Secretary of the Interior CFI CO 011ie Beyal, Su rintendent Pursuant to the authority delegated,by 209 DM 8, 230 DM 1,and 31AM 4and -.--s Sacramento Re-delegation Order No. 1 (43 F.R. 30131, dated July 13, 1978) C U.S. Department of the Interior C) Bureau of Indian Affairs —< Palm Springs Agency P.O. Box 2245 C3� 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 V Q.'yf(LZ Q \ �, I �? i /�On h eV-41 5 � 1 la before me, &�-€.v\d LI kZ j N 01 -✓`'� r bra C. , Date l Here Insert Name and Title of.tte Officer personally appeared 0 1 I1--e_ a Name of nerfstt who proved to me on the basis of satisfactory evidence to be the personal,( whose name ) is/ subscribed to the within instrument and acknowledged to me that /she/tl)e executed the same in h (her/tAEr authorized capacity,and that_by F /her/tl it signature,(d)on the instrument the person, or the entity upon behalf of which the personN 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 „ Commission 0 205976• WITNESS my hand - - official seal. 1 : ' Notary Ptak•CaMornis j_i4!1/ Comm_ R AP —"ive E n za rs s —C—oM—' .-0-1 Signature `L.rak -� Signature of otary Public Place Notary Seal Above OPTIONAL CrI Thou. section is optional, completing this information can deter alteration of the document or CO - dulent reattachment of this form to an unintended document. Description of Attached Do u ent Title or Type of Document: Document Date: Number of Pages: Signer(s) Ot - han Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _-_-- Sig . 's Name: 17 Corporate Officer — Title(s): Corpo . - Officer — Title(s): 1 Partner — 1 Limited Cl General Partner — imited General ! Individual Attorney in Fact Individual •ttorney in Fact H Trustee Guardian or Conservator Trustee ! .- dian or Conservator Other: Other: Signer Is Representing: Signer Is Representing: L'ic�s'.vc�✓S'ai4�.4�✓4e s�4�4�4�4�4�✓.4�-'�.s�✓s�s0.a's�'yc�;4�4�✓,4��'.4�s�.s�✓, '✓�4�ti6�4�4�✓,s�✓,4�✓,4�✓,4�✓.4�✓,4�✓,4�✓,4�✓,4�..`�s`✓4�s- ©2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 EXHIBIT"A" TEMPORARY CONSTRUCTION EASEMENT All 1hal portion of the southwest 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 Wverside, State at California more particularly descrbed as follows BEGINNING at the nrxthMe st cornet of said Section 34; thence along the west line of said Section 34 South 00°05'57'West 1317.59 feet to the south line of the northwest quarter of the northwest quarter of sold Section 34. thence along said south lino North 8915'49"East 131.09 feet lo the POINT OF BEGINNING, thence continuing along yard south line North 89•55'49`FAA(153 36 feet, thence South 10°29'12'West 134.62 feet; thence North 88"26 38"West 92 39 feet. thence South 01'33'02'West 116.44 feel: thence South 43'27'50`East 167 42 leek thence South 04'46'22 East 138 54 feet. thence South 41.02'36"Wesl 46.91 feet to the southwesterly 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, thence along said southwesterly right-of-way line North 46'26'37'West 155-91 feel_ thence leaving said southwesterly right-of-way line North 43'33'23'East 12 98 feet_: thence South 43'0701°East 47 04 feet, thence South 53'0700'East 68.57 feet; thence North 41402'36"Ernst 52.47 feet; thence North 05'33`37'East 21.95 feet; thence North 30'27'04'West 36 90 feet. thence North 44'59'04"West 49 74 feet, CO Page 1 of 2 _of E.,.. 6� thence North 42*5800"West 149_67 fete: thence North 01•33.02-East 261.87 feet to the POINT Of BEGINNING. CONTANN4B:36262:Rowe feet,more or less EXHIBIT'S"attached hereto end by this reference made a pad hereof. SUBJECT TO all Covenants, Rights.Rights-of-Way and Easements of Record This description was prepared by me or under my direction c 6' Christopher 1 Alberts,P1 S 8508 gii Date co Page 2 of 2 CD . . . . 11 AP N 674-020-0'2 11 1/16 SFCTIDY t NE--\ --‘,- - - :.. X g I 1 b r) I 141 4 Vic WI ".... I CC Z h8 AP N 674-023-012 i iel t I , : SE T 2 ( I .c.., smi M 1 ^ .■0 H fti,l'n7l, SEE tv W ' 4 ) .87 I 8 - \ , L, 4, E; K. 1 V -r 0 AN 674 020 011 Ili .111QCX_MA.e 8 C.T1 1 oo ..L.--. ED ARE A WITHIN 'IS?IN:Wit iv): (44 80ROCR - Sc Ft , ... ,,.. .,- --A EXHIBIT 'B 4...- .t., c::: , ...,‘ ,,,..„,, ,C.i AT TO ACCOMPANY A LEGAL et- ,Ls*. 3 .....-t.olt 111 69141---11. • 4.,•.00■11 t,.. DESCHAPPON MR A TEMPORARY ,• ,,,,,,,..., •, CONSTRUCTON EASEL L." .--,:'0',.i ',, CD .r> ' s'■.k IFIBF a s a 7t oft tette.OLIO Mit OM WO LOCATED IN THE NW 1/4 OF ...„.,i , 1, NW WNW thititlit litlitilik C 0 N Li LYON a 704,4a-tlit, CO Notioast•...ars. C,L) SECTON 34. LAS.. R.5E.. 5.11.6L - - "-- .fsk IMMO-EA-006 00 , ...040100A$4***464.40.004000,4ixam-tii--imaINIO Yukon ON 1. • GERALD FORD DRIVE P.O.C. %O 1 17.1 I I APN 674-020-012 , I P+0.6•_ 1/16 SE:T10% LIVE i i N69.5` '49 E • N83'55's9"E 131 09' — 153.35' 11! In ti - 3 I i z c P .-- J rn. , v N X Q U I `. n O v: J' I N e N O WIII W 92.39' CV it T. :U O N88 26 58 N •I yGl rn 1.11\ le to Fy I \ z 4 O 8 f li j APN 67A-020-C12 O a I � ��. cry o , I 4 Co o. SEE SKIT 2 ..—� co AREA BOWER i•HS6 262 SG Tf? c,��+*l `��® J� "Ni EXHIBIT "8" FIAT TO ACCOMPANY A uaAt LS lit lS00 SHEET 2 (if 3 CDDCSCl TION role A TEMPORARY • ............. • "•••• • °"•••�• am CONSTRucno, EASEMENT. 'ri .....< LOCATED IN THE NW 1/4 Of '%- ,E ((�� " RIPIF fa 40�"M■^' �"■�� .,,a mow.uSPOPIM■■as+wa SECTION 34. 1.41. R.5E.. S.0.I4. •- __[A_ - corvsuLTtNn an MI NM r+twanar...ra�a� �� J. 'd0556-Ex-404 Vo raffia longas ytoon+VM%%MON-6-dnaaq wawti +ha/u•a,••• , . . . . . 2 N 1 1 \ t3 40eb tro- il I • / 4k ,, ..47 7. ! - I 11, 1P-...,‘r..P., ii)1 IY,_ Irt, A 1 k X. 6 oL .tt d? \1 .7, z .74 .c 4. efr Sii 4. 04 5 0 t$ 1 8 1 & e fe,,, _ . . , ., LT L 1,- ti›, ..,' ko /. . ' PEREZ i 51)1 ROAD I APN 674-020-31' 55' DA1A TABLE I - 4 a BEARINB/DELTA RADIUS LENGTH 1 S41 02 36 W -i -- , *6.91 , 2 N43'33'23E -- 3 S43 07 01 I -- 47 04 4 N53 07 00 * 1 5 S41 02 36 It 52_47' I ... . I ' 6 S06*33'37"* -- 21.9,5' 1 7 S30.27"aivi -- 36.901-- Cil I 8 S*4 59 0* t t - _ 49.74 CO . LA , -. 4; , Em AREA Al THIN DIS1INCTivE .4.4 ,.., 13CRDS - X,,262 9,-,1 ri. ,-,,,t-._ g ..._.% EXHIBIT )113' ',.. .-. IS No. 6503 • ,1 PIAT TO ACCOMPANY A LECAL ,,,,f? •■ DESCRNMWM FOR A TEMPORARY CONSTRUCTION EASEMENT. - _.. .. • 0*-00 011011'1,014 01,0 004 0010 10 WI 0 LOCATED IN DC NW i/A Of ..m.w mum.CAU.0110111110111.1116 C") C 0 N SU LT I N a 0104/8fr Mb NW/1111MUNI,veritPan SECTROf lc T.4S.. R.5E.. $.1.m. -IN 130556-El-00 , .04,•,••■••1•00•4•4s,„••••••• •••0••••-.0-•••••• Illij." 'Mit&16 IN ...,,,...i ON 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 Charles P. McClendon,City Manager Date: ({',./1"--/ � j,(�