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HomeMy WebLinkAboutRecorded Doc 2023-003 do} > ? " DU ; 2023-0114260 04/21/2023 11:24 AM Fee: $ 0.00 Page 1 of 12 PLEASE COMPLETE THIS INFORMATION Recorded in Official Records RECORDING REQUESTED BY: County of Riverside Peter Aldana City of Cathedral City Assessor-County Clerk-Recorder 6043 City Clerk 112611MEARIli �FAND WHEN RECORDED MAIL TO: III 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. 65E Section 28, T4S, R5E TAAMS ID No. 4200364465 Row No. 370-1-122 TRA: DTT: THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) ACR 238(Rev.03/2008) , ACB,I LTRO RECE_: El f{� P'iR—y�. 17 s23 PM1 r�•i4 Recording Requested By: When Recorded,Mail To: 7 ili lig gR 9 CH 3 �$a UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS PALM SPRINGS AGENCY TRACT NO. 65E SECTION 28, T4S, R5E TAAMS ID 4200364465 ROW NO. 370-1-122 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: City of Cathedral City ("GRANTEE"), located at at 68700 Avenida Lalo Guerrero, Cathedral City, CA 92234, and its successors and assigns, the following temporary construction easement: CTI 1. GRANT. OD GRANTOR does hereby grant to GRANTEE, a non-exclusive temporary construction easement for the purposes of a sidewalk 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 co in any way appertaining or belonging. CA Page 1 of 6 IV 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 said notice (25 CFR § 169.405). CM 3. MITIGATION MEASURES (25 CFR § 169.123). GRANTEE agrees to comply with 03 any applicable mitigation measures or conditions described to protect environmental, biological and cultural resources within the Temporary Easement Area as defined in the environmental compliance documentation. N Co 04 N Page 2 of 6 CA 4. NON-POSSESSORY INTEREST (25 CFR § 169.10, § 169.125). Even though LANDOWNERS have provided the requisite consent for this Grant, BIA approval is 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 access to 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 resource:: 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 course 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 shall contact 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; 01 iii. Perform grading, construction, and maintenance of the Temporary 00 Easement Area in a manner that does not damage LANDOWNERS' .. property; iv. Restore the Easement Area as nearly as may be possible to its original "'' condition, upon the completion of construction, to the extent compatible NI with the purpose for which this Easement is granted; c0 Csl Page 3 of 6 N CA v. Clear and keep clear the Temporary Easement Area, to the extent compatible with the purposes of this Grant, and dispose of all vegetative and other material cut, uprooted, or otherwise accur.,ulated 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. CA 8. ENCROACHMENT(25 CFR§ 169.128). GRANTEE may not unreasonably withhold 00 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. 9. PERMANENT IMPROVEMENTS (25 CFR § 169.130). GRANTEE shall be the N owner of any permanent improvements GRANTEE installs, places, or constructs in, on, Qp over, under, upon, above, along, and across the Temporary Easement Area during the CA Term, and said permanent improvements, appurtenances fixtures and equipment placed ..< IV Page4of6 C.4 (the "Permanent Improvements") shall remain in, on, over, under, above, along, and across the Temporary Easement Area during the Term. Notwithstanding Section 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 the 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 mor a":.d 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 C�1 expiration or earlier termination/cancellation of this Grant, any and all rights and CEO obligations of LANDOWNERS, GRANTOR, or GRANTEE set forth in Section 7 and Section 9, or any and all rights and obligations of LANDOWNERS, GRANTOR, or GRANTEE which expressly or by implication shall survive the expiration or earlier --� termination/cancellation of this Grant. N CO W IV Page 5 of 6 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 3 oil- day of - Las , 202Z 3 UNITED STATES OF AMERICA The Secretary of the Interior Ukt 011ie Beyal, Su rir1Lc...lent 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 C77 OD CD 04 Page 6 of 6 N C.N 65E 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. c�l::"��.� DEfiRAA.HAYFIELD ��},,, 1\' Notary Public Cali(unia A' �/` - (Seal) Z Wy jY Riverside (71 County ' Commission#2312423 CO ''%, N" mDec10 2023 Signature of Notary Public Hy Comm.Clrnrn.Expires co CA CJJ Allotment#65E EXHIBIT "A" PARCEL "A": EASEMENT FOR PUBLIC SIDEWALK PURPOSES Those portions of Lots "A", "G", "H" and "I", in Tract No. 23023, in the City of Cathedral City, County of Riverside, State of California, per map filed in Book 190, at Pages 34 through 38, inclusive, or Maps, more particularly described as follows: Commencing at the North quarter corner of Section 28, Township 4 South, Range 5 East, San Bernardino Meridian, as shown on said Map; Thence, South 00° 10' 51" West, along the mid-section line of said Section 28, a distance of 712.43 feet; Thence, at right angles to said mid-section line, North 89° 49' 09" West, 44.00 feet to a point on the West right of way line of Cathedral Canyon Drive, 88 feet wide, as shown on said Map, said point also being on the East line of said Lot"A"of Tract No. 23023, being the TRUE POINT OF BEGINNING;; Thence, South 00° 10' 51" West, 187.31 feet along said West right of way line and the East lines of said Lots "A" and "G"to a point of cusp of a non-tangent curve, concave Northeasterly having a radius of 157.00 feet, a radial of said curve through said point bears South 75°40' 55" West; Thence, Northwesterly along said curve, through a central angle of 14° 29' 56" , an arc length of 39.73 feet; Thence, North 00° 10' 51"East, 296.00 feet, along a line parallel with and distant Westerly 5.00 feet, measured at right angles, from the said West right of way line of Cathedral Canyon Drive, to the beginning of a tangent curve, concave Southeasterly and having a radius of 157.00 feet; Thence, Northerly and Northeasterly along said curve, through a central angle of 14° 29' 56", an arc length of 39.73 feet to a point on the said West right of way line of Cathedral Canyon Drive, and the East line of said Lot "I", being a point of cusp of said last mentioned curve, a radial of said curve through said point bears North 75° 19' 13"West; Thence, South 00° 10' 51" West, along said West right of way line, and the East lines of said Lots "I", "H", and "A", a distance of 187.31 feet to the True Point of Beginning. Containing 1,743 s.f., more or less. APN 687-394-032, 033, 034 and 073 C37 03 PARCEL "B": AN EASEMENT FOR TEMPORARY CONSTRUCTION PURPOSES Those portions of Lots "A", "G", "H" and "I", in Tract No. 23023, in the City of Cathedral City, County of Riverside, State of California, per map filed in Book 190, at Pages 34 through 38, c0 inclusive, or Maps, more particularly described as follows: w Commencing at the North quarter corner of Section 28, Township 4 South, Range 5 East, San '< Bernardino Meridian, as shown on said Map; N C�1 Allotment#65E Thence, South 00° 10' 51" West, along the mid-section line of said Section 28, a distance of 712.43 feet; Thence, at right angles to said mid-section line, North 89° 49' 09" West, 49.00 feet to a point on a line parallel with and distant Westerly 5.00 feet, measured at rigrrt angles, from the said West right of way line of Cathedral Canyon Drive, 88 feet wide, as shown on said Map, said point being the TRUE POINT OF BEGINNING;; Thence, South 00° 10' 51" West, along said parallel line a distance of 148.00 feet, to the beginning of a tangent curve, concave Easterly and having a radius of 157.00 feet; Thence, Southeasterly along said curve, through a central angle of 04° 00' 00", an arc length of 10.96 feet; Thence, radially to said last mentioned curve, South 86° 10' 51" West, 2.00 feet, to a point on a non-tangent curve, concave Northeasterly, having a radius of 159.00 feet, said curve being concentric with said last mentioned 157.00 foot radius curve; Thence, Northerly along said curve through a central angle of 04° 00' 00", an arc length of 11.10 feet; Thence, North 00° 10' 51" East, 296.00 feet, along a line parallel with and distant Westerly 7.00 feet, measured at right angles, from said West right of way line of Cathedral Canyon Drive, 88 feet wide, as shown on said Map, to the beginning of a tangent curve, concave Southeasterly and having a radius of 159.00 feet; Thence, Northeasterly along said curve, through a central angle of 06° 00' 00" an arc length of 16.65 feet; Thence, radially to said last mentioned curve, South 83°49' 09" East, 2.00 feet, to a point on a non-tangent curve, concave Southeasterly, having a radius of 157.00 feet, said curve being concentric with said last mentioned 159.00 foot radius curve; Thence, Southerly along the arc of said curve through a central angle of 06° 00' 00", an arc length of 16.44 feet; Thence, South 00° 10' 51" West, 148.00 feet to the TRUE POINT OF BEGINNING. Containing 658 s.f., more or less. APN 687-394-032, 033, 034 and 073 Prepared by:J 9 _i 7—!1-2.0 David R. Fae' I RCE 18731 Co QOFESSlO \ /4h p �'4F c^\ co o R.C.E. 18731 rr CO W rn * * 'G r C�J ALLOTMENT#65E PARCEL A 1743 SF PUBLIC SIDWALK EASEMENT DINAH SHORE DR N. 1/4 COR PARCEL B 658 SF SEC 28 i' TEMPORARY 44.00' CONSTRUCTION EASEMENT V (RLN 7 H 0 5'/9 13" W QRpFESS/ON JO M co �� vO R FgF�I�� , (R N © ' 49'09_W �� O� � 4% 0 �—� Z.; R.C.E. 18731 m', ' _ 14 �; _N mil' e \. \P 2.00' \ I� \ OF CALF 5.00" r W I • z Z W C.. I /'• d' N co O --IW gW C R1 co I m en Z O CO R1 .4. W CO TPOB Z 8 _ CALLE 0 !�8-8 4900' }., MORA J bN N N 89'49'09" W U 44.00' gc z ifI 0 ( 4 ..... z o z a U CURVE DATA ri No. A R L O coo CI IT14 29'56" 157.00' 39.73 ""I W m 4'00'00" 157.00' 10.96 4 ® ; : : 159. ' 11.10mik —® 159.00' 16.65 0 ©N 86'10'S1" E — g 0 6'00'00" 157.00' 16.44CO LINE DATA © o�� g„ M No. BEARING LENGTH a W 40155 '''..1.s ® S86'10'S1"W 2.00 O R S 15� -41----- f V . US S83'49'09"E 2.00 EXHIBIT B 44.00' I CO ATP CYCLE 5 PROJECT sea . N.T.S. CA -{ APROPOSED EASEMENT AT ate. iv CALLE MORA ENTRANCE TO NOVEMBER 2020 w Cathedral City CATHEDRAL CANYON COUNTRY CLUB See 1 m 1Sheets I ENGINEERING DEPARTMENT Cheek�By: D ,- 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 Calle Mora, is hereby accepted by the City Clerk of said City on this Ili day of Apil 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 I 1 I n day of , '1pv / , 2023. \I) e H'.' LJ�IY V�SSA Tracey IE3.1 er�n osillo, CMC City Clerk City of Cathedral City APN 687-394-032, 033, 034 and 073