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HomeMy WebLinkAboutRecorded Doc 2023-002 2023-0114258 04/21/2023 11:24 AM Fee: $ 0.00 PLEASE COMPLETE THIS INFORMATION Page 1 of 12 6043 RECORDING REQUESTED BY: - Recorded in Official Records City of Cathedral City County yAldanaverside City Clerk Assessor-County Clerk-Recorder AND WHEN RECORDED MAIL TO: ID 16110104151111111 City of Cathedral City Clerk's Office S R U PAGE SIZE DA MISC LONG RFD COPY 68-700 Avenida Lalo Guerrero Cathedral City, CA 92234 M A L 465 426 PCOR NCOR SMF NCHG EXAM Exempt from recording fees pursuant to GC Section 6103 and 27383. T: CTY UNI Space above this line for recorder's use only Temporary Construction Easement Title of Document United States Department of the Interior Bureau of Indian Affairs Palm Springs Agency Tract No. 81 EA Section 28, T4S, R5E TAAMS ID No. 4200363608 Row No. 370-1-120 TRA: DTT: THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) ACR 238(Rev.03/2008) Recording Requested By: ��r_ =_.r�'J;�,,,,.F� MANE 2_ ...,3 -, _ When Recorded, Mail To: P am-, ..�'1., icd I , 1� a 4PCH30 UNITED STATES DEPARTMENT OF THE INTERI :. BUREAU OF INDIAN AFFAIRS PALM SPRINGS AGENCY TRACT NO. 81EA SECTION 28, T4S, R5E TAMS ID 4200363608 ROW NO. 370-1-120 TEMPORARY CONSTRUCTION EASEMENT The United States of America, acting by and through the Bureau of Indian Affairs ("BIA"), Department of the Interior, Palm Springs Agency, P.O. Box 2245, Palm Springs, California 92263 for, on behalf of, and with the consent of the Indian landowner(s) ("GRANTOR"), with authority contained under the Act of February 5, 1948 (62 Stat. 17; 25 USC §§ 323- 328) and Part § 169, Title 25, Code of Federal Regulations, which by reference are made a part hereof, does hereby grant to: The City of Cathedral City ("GRANTEE"), located at 68700 Avenida Lalo Guerrero, Cathedral City, CA 92234, and its successors and assigns, the following temporary construction easement: C.11 1. GRANT. CO GRANTOR does hereby grant to GRANTEE, a non-exclusive temporary construction easement for the purposes of an entryway in, on, over, upon, across, under, and through _, that certain portion of GRANTOR'S real property situated within the Agua Caliente N Indian Reservation, and together with all rights to said temporary construction easement Cr in any way appertaining or belonging. v —G Page 1 of 6 N CA This temporary construction easement is limited to the lands more particularly described and/or depicted in Exhibits A& B,which are attached hereto and incorporated herein by this reference (the "Temporary Easement Area"), and is subject to all existing licenses, easements, leases, encumbrances, and claims of title affecting the Temporary Easement Area that pre-exist this Grant. 2. TERM. a. The term of this Grant shall commence on the date BIA approves this Grant ("Effective Date") and shall expire four (4) years from the date of approval (the "Term"), subject to earlier termination or cancellation if and when the portion of the greater parcel, where this easement lies, transfers from Trust to Fee Simple ownership. b. Notwithstanding the foregoing, LANDOWNERS may terminate this Grant as a negotiated remedy identified in Section 15 (25 CFR § 169.403) upon the occurrence of any one of the following events (collectively, the "Termination Events" and singularly a"Termination Event"): i. GRANTEE'S failure to comply with any term or condition of this Grant, or any applicable governing laws and/or regulations as set forth in Section 18 below, and GRANTEE'S failure to cure the violation within thirty (30) calendar days of the date of written notice of said violation. ii. GRANTEE'S abandonment or non-use of the Temporary Easement Area for any consecutive two-year period (for the purpose for which it was granted). LANDOWNERS' consent to the temporary construction easement conveyed pursuant to this Grant shall be conditioned upon its right to terminate this Grant upon the occurrence of any Termination Event. Alternatively, BIA may cancel this Grant if it deems it inappropriate to defer to the negotiated remedy set forth herein if BIA provides GRANTEE written notice of a violation of the conditions of the grant (25 CFR § 169.404) and GRANTEE fails to cure the violation within ten (10) business days of receipt of slid ..utice (25 CFR § 169.405). 01 03 3. MITIGATION MEASURES (25 CFR § 169.123). GRANTEE agrees to comply with .A any applicable mitigation measures or conditions described to protect environmental, biological and cultural resources within the Temporary Easement Area as defined in the membo environmental compliance documentation. IV �.T 4. NON-POSSESSORY INTEREST (25 CFR § 169.10, § 169.125). Even though LANDOWNERS have provided the requisite consent for this Grant, BIA approval is -� IV Page 2 of 6 04 conditioned on the understanding that the temporary construction easement contemplated herein is a non-possessory interest in land, and title does not pass to GRANTEE 5. LAWS(25 CFR§ 169.9). GRANTEE shall comply with all applicable Federal and Tribal laws and/or regulations. 6. REGULATORY PROVISIONS (25 CFR § 169.125): a. BIA AND LANDOWNERS have the right to reasonable acceL., ,o the Temporary Easement Area to determine GRANTEE'S compliance with conditions of this Grant or to protect public health and safety; b. GRANTEE has no right to any of the products or resources of the Temporary Easement Area, including but not limited to, timber, forage, mineral, and animal resources, unless otherwise provided for in this Grant; c. BIA may treat any provision of this Grant that violates applicable Federal and Tribal laws and/or regulations as a violation of this Grant; d. If historic properties, archeological resources, human remains, or other cultural items not previously reported are encountered during the co.irse of any activity associated with this Grant, all activity in the immediate vicinity of the properties, resources,remains,or items will cease and the GRANTEE sh'11 "ontact BIA and TRIBE to determine how to proceed and appropriate disposition. e. GRANTEE shall: i. Construct and maintain the Permanent improvements (defined below) within the Temporary Easement Area in a professional manner consistent with industry standards; ii. Pay promptly all damages and compensation determined by BIA to be due to LANDOWNERS and authorized users and occupants of the Temporary Easement Area as a result of the grading, construction, and maintenance of the Temporary Easement Area; iii. Perform grading, construction, and maintenance of the Temporary Easement Area in a manner that does not damage LANDOWNERS' 01 property; OD iv. Restore the Easement Area as nearly as may be possible to its original 'r• condition, upon the completion of construction, to the extent compatible with the purpose for which this Easement is granted; -' IV v. Clear and keep clear the Temporary Easement Area, to the extent C.71 compatible with the purposes of this Grant, and dispose of all vegetative Page 3 of 6 IV C.1 and other material cut, uprooted, or otherwise accumulated during the construction and maintenance of the project; vi. Comply with all applicable federal and Tribal laws and/or regulations and obtain all required permits; vii. Not commit waste; viii. Operate, repair and maintain the Permanent Improvements consistent with this Grant. Build and maintain necessary and suitable crossings for all roads and trails that intersect the improvements constructed, maintained, or operated under the ROW; ix. Except as provided in Section 9 below, restore the Easement Area to as closely as possible to its original condition, to the maximum extent reasonably possible, upon the termination/cancellation of this Grant, or reclaim the Easement Area if agreed to by LANDOWNERS; x. At all times keep BIA informed of the GRANTEE'S address; xi. Refrain from interfering with the LANDOWNERS' use of the Temporary Easement Area, provided that LANDOWNERS' use of the Temporary Easement Area is not inconsistent with this Grant; xii. Notify BIA and LANDOWNERS if GRANTEE files for bankruptcy or is placed in receivership. 7. INDEMNIFICATION HOLD HARMLESS (25 CFR § 169.125). Unless the GRANTEE would be prohibited by law from doing so,and to the fullest extent permitted by law, GRANTEE agrees to indemnify the United States,TRIBE and LANDOWNERS and authorized users 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 GRANTEE, his employees, contractors and their employees, or subcontractors, their employees or any unauthorized user. GRANTEE is subject to the duty to indemnify and hold harmless including, without limitation, all claims, losses, damages, penalties, fines, and judgments, associated investigation and administrative expenses,and defense costs,including but not limited to reasonable attorney's fees,court costs, and costs of alternative dispute resolution. 8. ENCROACHMENT(25 CFR§ 169.128). GRANTEE may not unreasonably withhold its consent for a new right-of-way within its existing Temporary Easement Area that does not interfere with the use or purpose of its temporary construction easement. CJ1 CD 9. PERMANENT IMPROVEMENTS (25 CFR § 169.130). GRANTEE shall be the owner of any permanent improvements GRANTEE installs, places, or constructs in, on, over, under, upon, above, along, and across the Temporary Easement Area during the -' Term, and said permanent improvements, appurtenances fixtures and equipment placed (the "Permanent Improvements") shall remain in, on, over, under, above, along, and V7 across the Temporary Easement Area during the Term. Notwithstanding Section Page 4 of 6 W 6(e)(ix), upon the expiration or earlier termination/cancellation of this Grant, all Permanent Improvements shall become the sole property of LANDOWNERS. 10. DUE DILIGENCE (25 CFR § 169.105). If Permanent Improvements are to be constructed, GRANTEE shall complete construction of said Improvements within five (5) years of the effective date of this Grant. If construction of the Permanent Improvements does not occur, or is not expected to be completed within time period specified herein, GRANTEE shall provide LANDOWNERS and BIA with an explanation of good cause as to the nature of any delay, the anticipated date of construction of the Permanent Improvements, and evidence of progress toward completion of construction. Failure of GRANTEE to comply with this due diligence requirement is a violation of this Grant and may lead to cancellation of this Grant pursuant to 25 CFR § 169.405 and § 169.408. 11. AMENDMENT. This Grant may not be amended except as provided in 25 CFR § 169.204 - § 169.206. 12. ASSIGNMENT (25 CFR § 169.207). This Grant may not be assigned without the consent of the LANDOWNERS and BIA approval. 13. MORTGAGE (25 CFR § 169.210). This Grant may not be mortgaged without the consent of the LANDOWNERS and BIA approval. 14. EFFECTIVE DATE (25 CFR § 169.301). Grant will be effective on the date it is approved by the BIA. 15. NEGOTIATED REMEDY (25 CFR § 169.403). As a negotiated remedy, LANDOWNERS shall have the right to terminate this Grant during the Term for any Termination Event as set forth in Section 2 above, and in accordance with 25 CFR § 169.403. 16. BINDING EFFECT. The condition for this Grant shall extend to and be binding upon and shall inure to the benefit of the successors of the GRANTEE. 17. SURVIVAL. Notwithstanding anything contained in this Grant to the contrary or the expiration or earlier termination/cancellation of this Grant, any and all rights and obligations of LANDOWNERS, GRANTOR, or GRANTEE set forth in Section 7 and Section 9, or any and all rights and obligations of LANDOWNERS, GRANTOR, or03 CTI GRANTEE which expressly or by implication shall survive the expiration or earlier termination/cancellation of this Grant. N CTI Page 5 of 6 N 18. GOVERNING LAW. Unless otherwise stated herein, this Grant shall be governed exclusively by the provisions hereof and by the laws of the United States, and if there is no applicable federal law, then by the applicable laws of the Agua Caliente Band of Cahuilla Indians. IN WITNESS WHEREOF, GRANTOR has executed this Grant of easement this 30"° day of 1R-v1 uzr y , 202/.3 UNITED STATES OF AMERICA The Secretary of the Interior llie Beyal, S gerintendent 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 92263 C71 CO C.77 Page 6 of 6 81EA CALIFORNIA ALL-PURPOSE ACKNOWLEGEMENT 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 Riverside On January 30, 2023, before me, Debra.A. Mayfield, a Notary Public, personally appeared OLLIE BEYAL, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her 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. WITNESS my hand and official seal. sr�.��. D HAYFIELD �f' Notary public California Riverside County T. z ° Commission 11 2312423 C `+in M My Comm.Expires Dec 10,2023 CO (Seal) .A Signature of Notary Putliov tri ALLOTMENT#81 EA EXHIBIT "A" LEGAL DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT AT ENTRY TO WELK RESORTS DESERT OASIS Those portions of Lots "B", "D" and "E" of Tract No. 18708, in the City of Cathedral City, County of Riverside, State of California, as shown on the map filed in Book 130, at Pages 65 and 66, of Maps, in the Office of the County Recorder of said County, more particularly described as follows: Commencing at the center of said Section 28, Township 4 South, Range 5 East, San Bernardino Meridian, as shown on said map, being a point on the centerline of Cathedral Canyon Drive, 88 feet wide; Thence, South 89° 42' 10" West, 44.00 feet to a point on the West line of said Cathedral Canyon Drive, also being the Northeast corner of said Tract No. 18708, as shown on said map; Thence, South 0° 10' 25" West, 298.41 feet along the West line of said Cathedral Canyon Drive, to a mutual lot corner of said Lots "B" and "E", as shown on said map; Thence, North 0° 10' 25" East, along the West line of Cathedral Canyon Drive, and the East line of Lot "E" of said tract, a distance of 10.77 feet to the True Point of Beginning; Thence, South 0° 10' 25" West, along said West line of Cathedral Canyon Drive, and the East lines of said Lots "E", "B" and "D", a distance of 124.00 feet; Thence, at right angles to said West line of Cathedral Canyon Drive, North 89°49' 35" West, 1.00 foot, to the beginning of a non-tangent curve, concave Southwesterly and having a radius of 27.00 feet, a radial of said curve through said point bears South 89° 49' 35 East; Thence, Northerly, Northwesterly and Westerly along said curve through a central angle of 90° 00' 00", an arc distance of 42.41 feet; Thence, tangent to said curve, North 89°49' 35" West, 2.00 feet; Thence, North 0° 10' 25" East, 3.00 feet to a point on a North line of said Lot "D"; Thence, continuing North 0° 10' 25" East, 64.00 feet to a point on a South line of said Lot C77 "E,,, 00 Thence, continuing North 0° 10' 25" East, 3.00 feet to the beginning of a non-tangent curve, concave Northwesterly and having a radius of 27.00 feet, a radial of said curve —► through said point bears South 0° 10' 25" West; Crl Thence, Easterly, Northeasterly and Northerly along said curve through a central angle of 90° 00' 00", an arc distance of 42.41 feet; .� Cal ALLOTMENT#81 EA Thence, South 89° 49' 35" East, 1.00 foot to a point on the West line of said Cathedral Canyon Drive, being the True Point of Beginning. Containing 2,358 s.f., more or less. (portions of APN 687-062-071 & 072) Prepared by: / 1k 7�- David R. Faessel RCE 18731 /44, �� FS+ �Z /=' �r cn z w R.C.E. 18731 r OF CAI / CJI CO V1 N W ALLOTMENT#81EA — — CENTER OF SEC 28—\ _ _ S 89'42'10" W )L NORTH TRACT BOUNDARY 44.00' TR 18708 N MB 130/65-66 1"=30' cd 0 N QRpFESS/4N a cl oo RC.E. 18731 r 1 W W 6.4j tp a 1 I t� � o lr� %\/ O i NOF CAF Vt O 0© IID LU • 14 o t- R '' cN d' O, N ON b r ' W o ei-r e i o "1, ir Z g ��', wS. z Ul r � ,INDICATES TEMPORARY O Q CONSRUCTAREAT235810SF fN SEMENT c ©ep3" l,R ' J LINE DATA r - - - Q Q 11 �K4 N89' 49' 35"'W 1.00 .. Q y �> N89 4 35"W 2.00 © W �4)� NO' 10' 25"E 3.00 EAST TRACT BOUNDARY— ....,1—I00 TR 18708 44.00' i CURVE DATA MB 130/65-66 I U 0 R L T RAW-`A _, A 68' 57' 38" 30.00 36.1120.60 N �0� 90' 00' 00" 27.00 42.4127.00 I 4y� 90' 00' 00" 10.00 15.7110.00 CTI v ATP CYCLE 5 PROJECT 0`.. 1 "=50' N A TEMPORARY CONSTRUCTION EASEMENT AT ENTRY TO WELK RESORTS DESERT OASIS 10/19/2020 CA Cathedral City EXHIBIT"B" Bt. : ,I Of 1 i Cdty of Cathedral Clty �F 88-700 Mnnido Lob Guer►e►o i! Cathedral Clty,Ca. erssa CITY OF CATHEDRAL, CITY v Ph. (760) 770-0340 Drae. Byt Ktst CheokW By:DRF • CITY OF CATHEDRAL,CITY CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by Grant of Easement dated January 30, 2023, executed by The United States of America, Bureau of Indian Affairs, Palm Springs Agency, to the City of Cathedral City, a Municipal Corporation, Grantee, for a temporary construction easement on Cathedral Canyon Drive, at Welk Resort entry is hereby accepted by the City Clerk of said City on this nth day of , t; 1 , 2023, pursuant to authority granted by the City Council of said City, by Resolution No. 82-13, made on the 3rd day of February, 1982, and the Grantee consents to recordation thereof by said City Clerk, its duly authorized officer. Dated at Cathedral City, California, this 1-111c1 day of , v'1 I , 2023. Tracey r osillo, CMC City Clerk City of Cathedral City APN 687-062-071 and 072