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HomeMy WebLinkAboutRecorded doc 2016-154 2016-154 O ', 2016-0249145 06/17/2016 12:58 PM Fee: $ 0.00 Page 1 of 8 Recording Requested By: Recorded in Official Records • County of Riverside Cry-��i)p ( / Peter Aldana �—y CN �' I(d�/� ( C� G Assessor-County Cerk-Recorder 'III When Recor ed M' !To: Q "�� ''��� R A Exam: c7 OO il-renvk La i Page DA PCOR Misc Long RFD 1st Pg Adtl Pg Cert CC vf,yre 6 • V j )/ 3Lt 4., , a 4 SIZE NCOR SMF(NCCTI)T: NC 44 LC VU E—e- P E12-- F C-70V E w,nlen A-- 1 1 Code_ 0103 op moo- UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS PALM SPRINGS AGENCY i Tract No. 92E / - - r I R/W FILE No. 37900071PS VT Lk O20 -OI2 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 39,322 square feet ' or .903 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 C3'1 construction and maintenance of the project. GAO 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. ,-N 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. C3' 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 day of _April_, 2016. UNITED STATES OF AMERICA C-71 The Secretary of the Interior 00 / -A- 011ie Beyal, Sup rintendent Pursuant to the authority delegated by ` "r 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 RA YS-t ) ' 1 On f ri. /►�,02�j )0 ILO before me, Y-e)(v�'-D C.Z I\J Ot P./,'Ut 1%1 ,(c, , Date , Here Insert Name and Title of t Officer personally appeared 0(11-e_ lg Name Me Signer% who proved to me on the basis of satisfactory evidence to be the personjs) whose nam* is/ate subscribed to the within instrument and acknowledged to me that be/she/Mrs:5i executed the same in I (her/tbdir authorized capacity( s),and that by hs6/her/ir signatureN 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. WITNESS my ha • .n► official seal. �' Commission•2059764 � • Notary Public-California 9"► Signature jM1CornrnExiresMar! 2Ol8 --- -------� Signature of N',tary Public 00 Place Notary Seal Above C'• 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. Description of Attached Document Title o ••- • !• ment: Document Date: _ Number of Pages: .er(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: Corporate Officer — Title(s): orporate Officer — Title(s): • Partner — 11 Limited LI General Par'fher — I Limited General Individual Attorney in Fact Individual- Attorney in Fact C i Trustee Guardian or Conservator I I Trustee . I I Guardian or Conservator ▪Other: Other: _ Signer Is Representing: Signer Is Representing: Lt'✓tea'.vs�s`es�<�4'd0�t�t�✓,a`e'<�✓'�4�2/s�r:a�a'eda�'?<�L�✓s�.a��%4�t�s�a`✓4'.v4'eitis�s�t�✓a�.t�✓4�.:�✓,t�✓,':'�4�✓,t�✓4�✓,4�✓,4�.t�.4' ©2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827)'_.Item#5907 EXHIBIT"A" STORM CHANNEL IMPROVEMENT AND MAINTENANCE EASEMENT AM that porlron of the southwest quarter of the northwest quarter of Section 34. Township 4 South. Range 5 East. San Bernardino Meridiian,located in the City of Cathedral City, County of Riverside, Stale of California,more particularly described as follows: BEGINNING at the northwest corner of seid Section 34; thence along the west lane 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 said Section 34, thence along said south line North 89`55'49'East 64.46 feet to the east right-of•way line of Date Palm Drive having a half-street width of 55.00 feet as shown on the Dale Palen Drive Specific Plan adopted by the Riverside County Board of Super sons on January 23, 1967.said point also being the POINT OF BEGINNING; thence continuing along said south line North 89°55'49'East 66.62 feet, thence South 01°33 07'West 261 87 feet thence South 42°58"00'East 149.67 feet. thence South 44'59'04'East 49.74 teat, thence Soutn 30`27'04'East 36.90 feel. thence South 05'33'37'West 21.95 feet. thence South 4r02'36-West 52 47 feet; thence North 53'07'00"West 68 57 feet, thence North 43'07'01"West 4704 feet; (,1 thence South 43"3323'West 12.98 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 -b■ Coachella Valley Wad District per Instrument No.42485.recorded June 13, 1958, Official Records of Riverside County.California; ON Page 1 of 2 thence along said southwesterly right,of-way tine Noah 46°26 37-West 97 17 feet to the east right-of-way line of said Dale Palm Drive, thence along said east rght.ot.way line of Dale Palm Dnve North 01'5649-West 366 78 feet to the POINT OF BEGINNING. CONTAINING:39,322 square feet.more or less V 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 my direction - , #4< ChrisTophert Alberts, P.1 S 8508 Dale - II f - Page 2 of 2 ' . ' . • . . GERALD FORD DRIVE P.O.C. p, ; Not_coftNER -or .'. N' r in I 8 IS I II 1/16 SECTION LINE 0 2 Z . ...rn ,.. ..t..._ DATA TAAL E I 1 1111 KARING/DELTA 84CIL15 f LENGTH . to . 491 _....1 N89 55 . -- 1 64.46' N89 55 49 E 544 59 04 E — I 66-,6 2 Z ("V 4 S30 27 04 r — 36 90* 5 S059."3 37 TI — ' 7.1.95* i ‘..... ' ' .,., _....... i --------c--I :,i'l .„ cr r•-, P 6 S4 1 02 36 IV -- -,.... ' cs, 71 I I LL173 i • ID : 7 N3 07 00 * 41r.:--s- 4 IN N43 0 t VI * -- ' 47 04' ii 41 ti ,14 ' S43-413.3 vir* i — 129$ , • i I- - i Et 7 cr4 8 k 0 "izi f Li -4 I , • N 4,4....4 S .c,, in v›. %) 11,X19* 1 1 C.71*c-1 \\ .0 _ izt .i, CO ._ -.) •-j -tab a 1 i - _.-..5. I 4..- q...›• ej. * - (D fa% 1 . 0 ...—.1 r----1 04.4 WITHIN Disrimnivi k --< .---aamaR . 39.322 5;,,, rT ox 1.414 4 EXHIBIT 13' ,---, ,),... ... ,,,, ....-. .... .-.1 Putt TO ACCOMPANY A LEGAL :At ; 1 .2.: SHEET 1 or 1 ON ***: DESCRIPTION roll, A STORM CNANNEL ' * .,'15 ' r .s....wile 0 •w**. • ...41,11.4,011• OWPROVDCW ANO MOUNIENAKCE CASCMENt 1.116000111,6LO101,111E110ratO LOCATED *1 TON SW 1/4 AN NW 1/4 - ,,O • • • SECT f c NV. ....a.COW CAUKVIlii.111011.012 CONSULTING par.46-70. .43 WAS*11.111.,011011WAII4 Of ION 34, SUPtigi V "*t. #0. 7,30556 LA'-026 '0.1064111A.411.44,41,4111‘10**101114:1110**S4111111,431-404-000,64*C00.11 IC gt. Date Palm Drive Bridge Project AP N: 674-020-012 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 By: / _ ' I Charles P. McClendon, City Manager Date: Y, 3-(:)!�.