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HomeMy WebLinkAboutRecorded Doc 2023-034 20 23 -03�( PLEASE COMPLETE THIS INFORMATION 2023-0178053 RECORDING REQUESTED BY: 06/21/2023 04:57 PM Fee: $ 0.00 City of Cathedral City Page 1 of 12 City Clerk Recorded in Official Records AND WHEN RECORDED MAIL TO: County of Riverside Peter Aldana City of Cathedral Assessor-County Clerk-Recorder City Clerk's Office s I M.'rIlleti.UCOPY 554 68-700 Avenida Lalo Guerrero '�}i Cathedral City, CA 92234 M A L 465 426 PCOR NCOR SMF NCHG ExI 54 Exempt from recording fees pursuant to GC Section 6103 and 27383. T: CTY UNI Space above this line for recorder's use only Grant of Right-of-Way Title of Document United States Department of the Interior Bureau of Indian Affairs Palm Springs Agency Tract No. 12CE Section 34, T4S, R5E TAAMS ID No. 4200365280 Row No. 370-1-118 TRA: DTT: THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) ACR 238(Rev.03/2008) C=== O O RECEp WAR 29 23 PML. 3 Recording Requested By: When Recorded, Mail To: "MENT OF T �40CHcj. 47 UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS PALM SPRINGS AGENCY TRACT NO. 12CE SECTION 34,T4S, R5E ID NO. 4200365280 ROW NO.370-1-118 GRANT OF RIGHT-OF-WAY The United States of America, acting by and through the Bureau of Indian Affairs (`BIA" or"GRANTOR"), 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) (LANDOWNERS), a member of or affiliated with the AGUA CALIENTE BAND OF CAHUILLA INDIANS, a federally recognized Indian Tribe ("TRIBE"), with authority contained under the Act of February 5, 1948 (62 Stat. 17; 25 USC §§ 323-328) and Part 03 § 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 68700 Avenida Lalo Guerrero, Cathedral City, CA 92234, and its successors and assigns, the __% following right-of-way, as that term is defined in 25 CFR § 169.2: !v 4 Page 1 of 7 -.G lv W 1. GRANT. GRANTOR does hereby grant to GRANTEE, a non-exclusive right-of-way easement for the purposes of a sidewalk and traffic signal in, on, over, upon, across, under, and through that certain portion of GRANTOR'S real property situated within the Agua Caliente Indian Reservation, and together with all rights to said right-of-way easement in any way appertaining or belonging. This right-of-way 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 "Easement Area"), and is subject to all existing licenses, easements, leases, encumbrances, and claims of title affecting the 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") for a term of fifty (50)years (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, LANDOWNER(S) 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 referenced herein, and GRANTEE'S failure to cure the violation within 10 business days of the receipt of a notice of violation(25 CFR § 169.404(b)(2)). ii. GRANTEE'S abandonment or non-use of the Easement Area for any consecutive two-year period(for the purpose for which it was granted). LANDOWNER(S)' consent to the right-of-way 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 CO 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). fv Page 2 of 7 3. MITIGATION MEASURES (25 CFR § 169.123). GRANTEE agrees to comply with any applicable mitigation measures or conditions described to protect environmental, biological and cultural resources within the Easement Area as defined in the environmental compliance documentation. 4. NON-POSSESSORY INTEREST (25 CFR § 169.10, § 169.125). Even though LANDOWNER(S) have provided the requisite consent for this Grant, BIA approval is conditioned on the understanding that the right-of-way 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 LANDOWNER(S) have the right to reasonable access to the 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 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 must: i. Construct and maintain improvements and permanent improvements within the Easement Area in a professional manner consistent with industry standards; ii. Pay promptly all damages and compensation, in addition to any bond or C.71 alternative form of security made pursuant to §169.103,determined by BIA CO to be due to the LANDOWNER(S) and authorized users and occupants of the Easement Area as a result of the grading, construction, and/or maintenance of the Easement Area; --1, L.I iii. Perform grading, construction, and maintenance of the Easement Area in a iv manner that does not damage LANDOWNER(S)' property; -N Page 3 of 7 Na iv. Restore the Easement Area as nearly as may be possible to its original condition, upon the completion of construction, to the extent compatible with the purpose for which the right-of-way is granted, or reclaim the Easement Area if agreed to by LANDOWNER(S); v. Clear and keep clear the Easement Area, to the extent compatible with the purposes of this Grant, and dispose of all vegetative and other material cut, uprooted, or otherwise accumulated during the construction and/or 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 improvements and permanent improvements consistent with this Grant. ix. Build and maintain necessary and suitable crossings for all roads and trails that intersect the improvements constructed, maintained, or operated under the Grant; x. Except as provided in Section 9 below, restore the Easement Area to its original condition, to the maximum extent reasonably possible, upon the cancellation or termination of this Grant, or reclaim the Easement Area if agreed to by LANDOWNER(S); xi. At all times keep BIA informed of the GRANTEE'S address; xii. Refrain from interfering with the LANDOWNER(S)' use of the Easement Area, provided that LANDOWNER(S)' use of the Easement Area is not inconsistent with this Grant; xiii. Notify BIA and LANDOWNER(S)if GRANTEE files for bankruptcy or is placed in receivership. 7. INDEMNIFICATION HOLD HARMLESS (25 CFR § 169.125(c)(6)). 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, LANDOWNER(S), 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 (Jl subcontractors, their employees or any unauthorized user. GRANTEE is subject to the CO 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. fV Page 4 of 7 IV CAB 8. ENCROACHMENT(25 CFR§ 169.128). GRANTEE may not unreasonably withhold its consent for a new right-of-way within its existing Easement Area that does not interfere with the use or purpose of its right-of-way easement. 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 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 across the Easement Area during the Term. Notwithstanding Section 6(e)(x), upon the expiration or earlier termination/cancellation of this Grant,all Permanent Improvements shall become the sole property of LANDOWNER(S). 10. DUE DILIGENCE (25 CFR § 169.105). If Permanent Improvements are to be constructed, GRANTEE shall complete construction of said Improvements within two (2) 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 LANDOWNER(S) 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 LANDOWNER(S) 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 03 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. Page 5 of 7 IV 04 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 LANDOWNER, GRANTOR, or GRANTEE set forth in Section 7 and Section 9,or any and all other rights and obligations of LANDOWNER, GRANTOR,or GRANTEE in this Grant which expressly or by implication survive the expiration or earlier termination/cancellation of this Grant, shall survive the expiration or earlier termination/cancellation of this Grant. 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. 19. ADDITIONAL CONDITIONS OR RESTRICTIONS. a. GRANTEE agrees to maintain a commercial general Liability Insurance Policy in the amount of at least Two Million Dollars ($1,000,000) per occurrence and Three Million ($3,000,000) in the aggregate, in force each year of this Right-of- Way,to protect the interests and property of the LANDOWNER(S), in the event of injury,theft, or loss of life that may or may not occur in, on or around the land relating to the Project. The above-stated coverage amount requirements may be increased by GRANTOR or LANDOWNER from time to time during the Term to reflect then-current industry standards,but no more frequently than once every five (5) years. Verification of a current Liability Insurance Policy shall be provided to the BIA annually and upon request. The GRANTEE acknowledges that its use, access and operation, within this Grant is conditioned upon the acceptance of all the stated terms, conditions, restrictions and requirements within this Grant. CYI 00 Page6of7 41- IN WITNESS WHEREOF, GRANTOR has executed this Grant of Right-of-Way this e7 day of 0/1 4-rr 202/3 UNITED STATES OF AMERICA The Secretary of the Interior 12L& a 011ie Beyal, Supe t ndent 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 C39 03 Page 7 of 7 OV 12CE 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 March 27, 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. al-ahl /^\ �• N�:° �. DEBRAA.HAYFIELD Notary Public-CaliCounty g�D�'t'� -tom (Seal) mission 2312 +. 2. Commission rY 2312A23 Signature of Notary Public, "'""� My Comm.Expires Dec 10,2023 Allotment# 12CE EXHIBIT "A" LEGAL DESCRIPTION OF EASEMENT FOR PUBLIC SIDEWALK / TRAFFIC SIGNAL PURPOSES That portion of the West half of the Northwest quarter of the Southwest quarter of Section 34, Township 4 South, Range 5 East, San Bernardino Meridian, in the City of Cathedral City, County of Riverside, State of California, according to official plat thereof, described as follows: Commencing at the Northwest corner of the West half of the Northwest quarter of the Southwest quarter of said Section 34; thence North 89° 43' 09" East, along the Northerly line of the West half of the Northwest quarter of the Southwest quarter of said Section, to a point 90.00 feet Easterly, measured at right angles, from the Westerly line of the West half of the Northwest quarter of the Southwest quarter of said Section; thence, South 00° 01' 22" West, parallel with the West Section line, 604.26 feet, more or less, to a point on the Northeasterly line of Parcel 3A, as described in the Final Order of Condemnation recorded on March 19, 1973, as Instrument No. 34482, in Official Records of Riverside County, being the True Point of Beginning; thence, South 61° 41' 00" East, along said Northeasterly line, 16.09 feet to an angle point thereon; thence, South 64° 11' 52" East, along said Northeasterly line, 9.57 feet; thence, North 30° 49' 37" West, 44.44 feet to a point on a line parallel with and distant 90.00 feet Easterly, measured at right angles, from the Westerly line of the West half of the Northwest quarter of the Southwest quarter of said Section 34; thence, South 00° 01' 22" West, along said parallel line, 26.36 feet to the True Point of Beginning. Containing 304 square feet, more or less. APN 674-500-006 Prepared by: --� 4 Gr 2-6 Zv Z'L David R. Faessel RC 18731 990ESs/04, C.71 eN co kr) s w 4 R.C.E. 18731 r J'J9 C1 vti � Pe OF c ALLOTMENT#12CE W1/4 COR___I___ —N E 009 E NE COR PARCEL 1 SEC 34 I R/W 375-236 N 35' I I 55' I 1 "=50' 40' 50' I EX. R/W APN 674-500-005 to O F E S S/O oI C N�eN R Fq F _1S W In Pc W o R.C.E. 18731 r-CL m lgTClv � � ��� j in z —1 F OF CA1.\ 0 d ( \ sO•00 w I W V) F— nIN <1I (I) U o W o b o APN 674-500-006 0 �— `� PI POR WY2 OF NW% OF SW 34I o a o SEC 34 T4S R5E SBM bI I lij O cn 1 14/ �56 4, a °°'w 16• w� 0g , o �61A © o� 64'7� I / fitti/p4i,::›3 b // INDICATES EASEMENT , , z �� AREA=304 SF ± 3448 9 q 9> 77,3•:;` E LINE DATA \A ®S0' 01' 22" W 26.36 rF06, 4/ EX. R/W Cii g ©N64' 11' 52" W. 9.57 'il <y'9//y 02) ®N30' 49' 47" W 44.44 ST O/1/ 40 U CA ATP CYCLE 5 PROJECT Scale: 1 "=50' t 4It PUBLIC SIDEWALK/TRAFFIC SIGNAL PURPOSES Date: POR. OF W1/2 OR NW1/2 OF SW1/4. SEC34,T4S, R5E, SBM 10/26/2022 8 Cathedral City EXHIBIT"B" Sheet: 1 of lV g City of Cathedral City SheetsCAI g 68-700 Avenida Lob Guerrero Cathedral City,Ca. 92234 CITY OF CATHEDRAL CITY Drawn By: KSL Ph. (760) 770-0340 Checked By: DRF CITY OF CATHEDRAL CITY CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by Grant of Right-of- Way dated March 27, executed by the United States of America, acting by and through the Bureau of Indian Affairs ("BIA" or "GRANTOR"), 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) (LANDOWNERS), a member of or affiliated with the AGUA CALIENTE BAND OF CAHUILLA INDIANS, a federally recognized Indian Tribe ("TRIBE"), with authority contained under the Act of February 5, 1948 (62 Stat. 17; 25 USC §§ 323-38) and Part § 169, Title 25, Code of Federal Regulations, which by reference are made a part hereof, does hereby the 9 CATHEDRAL/CREEKSIDE, L.P., to the City of Cathedral City, a Municipal Corporation, ("GRANTEE"), located at 68700 Avenida Lalo Guerrero, Cathedral City, CA 92234, and its successors and assigns, the following right-of-way, as that erm is defined in 25 CFR §169.2, is hereby accepted by the City Clerk of said City on this 21st day of June 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 21st day of June, 2023. 4) Tracey R. ermosillo, CMC City Clerk City of Cathedral City TRACT No. 12CE SECTION 34, T4S, R5E ID NO 4200365280 ROW No. 370-1-118 Ai+