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HomeMy WebLinkAboutRecorded doc 2016-153 2016-153 2016-0249144 _ ' 7 3 06/17/2016 12:58 PM Fee: $ 0.00 Page 1 of 7 Recording Requested By: Recorded in Official Records County of Riverside CIS Qk nfdedv( Peter Aldana J C.1: Assessor-County Clerk-Recorder When Recorded,Mail To: tll�' " ' I�} I+" ■� ���f 1i c —1. cd►hedr?4I C-I 1"� 1 c R A Exam: //() 141-60 hi(enId tali) .J Page DA PCOR Misc Long RFD 1st Pg Adtl Pg Cert CC CiVe Cl OI' �cc ' "► SIZE NCOR SMFKICHGGT: C C.— +vv L pEr2 --�' 3ecrhun (a103 UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS PALM SPRINGS AGENCY Tract No. 92E flI✓N . % R/W FILE No. 37900077PS 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 Storm Channel Improvement and Maintenance 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 910 square feet or .021 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. 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 CTI :Measures, including weed control, on the land covered by the right-of-way. CO S 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, .4:z% 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 Storm Channel Improvement and Maintenance Easement is perpetual in term, that will contain permanent channel surface and subsurface improvements, 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;<..-5 day of April , 2016. UNITED STATES OF AMERICA The Secretary of the Interior Cn f CO 011ie Beyal, Superintendent' 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 ---1 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 / v �{d9- ) On be r,J, Ts/ au'LP before me, -t.fU `1C�C 1 G�Z I�,+ Cw✓� ���C�IC': , Date Here Insert Name and Title of the.Officer personally appeared Oil 1-e- - e7.�A-} Nameof Sigrr,(s) who proved to me on the basis of satisfactory evidence to be the persor j whose name) is/we subscribed to the within instrume t and acknowledged to me that he/she/Thy executed the same in K/her/t authorized capacity ),and that by his/her/their signature on the instrument the person, or the entity upon behalf of which he persorcacted, 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 OUIi WITNESS my han . o•icial seal. _ ,oW., Commission•2059764 i' Koury tide•C�fornia Z % RiveniB County Signature ' j____ _ MI Comm.Expires M2.2.20181 Signature of otary Public 0, 00 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or —, fraudulent reattachment of this form to an unintended document. CIR• D- _ .• '•n of Attached Document t.0 Title or Type o I/.- ent: Document Date: a Number of Pages: i•ner(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s Signer's Name: Signer's Name: ......a _H� Corporate Officer — Title(s): Corporate Officer — Title(s): ON Partner — i Limited H General '-rtner — 1 I Limited General l Individual Attorney in Fact Indiv . .1 Attorney in Fact H Trustee ! Guardian or Conservator Trustee I ! Guardian or Conservator 1.1 Other: I Other: Signer Is Representing: Signer Is Representing. ©2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) tern #5907 EXHIBIT"A" STORM CHANNEL IMPROVEMENT AND MAINTENANCE EASEMENT All that portion of the southwest quarter of the northwest quaver of Section 34,Township 4 South. Range 5 East,San Bernardino Meridian,located in the City of Cathedral City,County of Riverside, Stale of California,more particularly described as follows COMMENCING at the intersection of the southwesterly right-of-way line of the lNhttewater River Channel quitcladmed by the Riverside County Flood Control District and deeded 10 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 hatf•stroet 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: thence along said southwesterly right-of-way line South 46°26'37'East 60.10 feel thence leaving said southwesterly right-of-way line South 87'4024"West 42.13 feet to the east right.obway line of said Date Palm Drive: thence along said east right-of-way line of Date Palm Drive North 0'56'49"West 43 15 feet to the POINT Of BEGINNING, CONTAINING:910 square feel more or less I 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 me or under mr direction C ristoptser' L • Alberts.P. .S,8508 °C z � r Date • A�� (y' Page 1 of 1 . . . , I , 1 55' P.O.B. I ? . t 4t, , 404 46 I \ ,,- I c i 'i"" C' .-' - 4. CI d.4 z (3. ai5, 4 P _ v• 1.) -10, ,-.... W P u i it! F i PERE fli.' vs APN 6/4-020-01 4 ROAD 60 30 0 60 120 180 SCALE: 1..060" _ — — __ . DATA TABLE SZARI,NG/DE.J4 . RAD7.1.6 LENGTH [-1;---- i 1 ! 84-6 iisil---1-----1:---- 661P-- 00 f 2 $87 40 24 if __ 42,13" , r—% NO1156'49'111 __ . 43. . . LA --4 E=I AR CNN N 0;91'NET:A 4,' ..1 1 -4' , 1. .1.40 (TN 832DER , 910 SO n .k..0 .44 •ta O., A .... 0. c• '1/4420 EXHIBIT *EY '•6' 4.41111191/ • 'ttfrAWat"; • PLAT TO ACCOMPANY A LEGAL • ...." ....-r,ly.„ ,... WI I I Cr 1 t- .4,....S. IXESCRIPTION FOR A STORM CHANNEL 4;• ' ,f4 gol-.41,.• • U...• • L....lb...A.:As... ...en° 111"010,00 AND MAINTENANCE '-, Or k 0, .... CASEMENT. ' - P•••(SIAM a 40 DPW art Or • • • LOCATED IN THE NW /4 or tALto row t4,00014 iimilloom ......-.1 SE , °N -VNO CTION, 34 T43. R5E,. PO 1116141.111•~MP MO .)ft 1430556-EX-010 (.7‘ /g.\ftati‘lopierscerivosoN44.4440sAustim-n-'4-verantostses !Gavot •40344/4 4 4.44 Date Palm Drive Bridge Project APN: 674-020-011 Certificate of Acceptance This is to certify that the interest in the STORM CHANNEL IMPROVEMENT AND MAINTENANCE 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 Dat: