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HomeMy WebLinkAboutRecorded Doc 2016-383 2016-383 r RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: COACHELLA VALLEY WATER DISTRICT 2016-0456902 P. O. Box 1058 Coachella CA 92236 10/18/2016 02:15 PM ***Customer Copy Label*** The paper to which this label is affixed With CO to: has not been compared with the copy filed/recorded document City Clerk Peter Aldana City of Cathedral City County Of Riverside Assessor-County Clerk-Recorder 68-700 Avenida Lalo Guerrero Cathedral City CA 92234 Exempt from recording fees pursuant to Sec.6103 of Government Code APN 687-480-005; 687-480-019 File: 0121.1 TRA: 019-176 0421.1 PM 29370 0651.1 EASEMENT 0655. (Non-Exclusive) This Easement is entered into by and between the CITY OF CATHEDRAL CITY, a California Municipal Corporation (the "CITY"), and the COACHELLA VALLEY WATER DISTRICT, a public agency of the State of California (the "DISTRICT"). RECITALS WHEREAS, CITY is the owner of certain real property described as Parcels 1 and 2 in Exhibit "A". which is attached hereto and made a part hereof, by reference. Said real property extends between the west end of Gerald Ford Drive and the Whitewater River Stormwater Channel ("Channel"); and WHEREAS, DISTRICT holds flood control easements over the Channel for the construction, repair, operation and maintenance of the Channel; and WHEREAS, CITY is actively working on projects to construct a bridge over the Channel at Cathedral Canyon Drive, and to widen and modify the existing bridge over the Channel at Date Palm Drive: and WHEREAS, DISTRICT is desirous of obtaining a convenient and reliable access point to the northerly side of the Channel, at a point between Cathedral Canyon Drive and Date Palm Drive, and has requested that CITY grant access easements over all or portions of the CITY lands described in said Exhibit "A"; and WHEREAS, said access easements will be utilized by DISTRICT for emergency purposes only, not for routine operation and maintenance; and WHERAS, CITY is desirous of granting to DISTRICT, such easements. 040533-1-010 NOW, THEREFORE, the parties hereto agree to the following: 1. CITY does hereby grant and convey to DISTRICT, its successors and assigns, a permanent, non-exclusive easement for ingress, egress, construction and maintenance of an access road, over, upon, and across that portion of City owned property legally described as Easement Parcel No. 1, in Exhibit"B"and depicted in Exhibit"C",which are attached hereto and made a part hereof, by reference. 2. CITY does hereby grant and convey to DISTRICT, its successors and assigns, a permanent, non-exclusive easement for ingress, egress, construction and maintenance of an access road and necessary devices and appurtenances, and for flood control purposes over, upon, and across that portion of City owned property legally described as Easement Parcel No. 2, in Exhibit"B" and depicted in Exhibit"C", which are attached hereto and made a part hereof, by reference. 3. Said Easement Parcel No. 1 is also known as Lot "C" of Parcel Map No. 29370, as described in Exhibit"B", and the owners, and their successors and assignees of Parcels 1, 2, 3, and 4 of said Parcel Map were granted and retain permanent, non-exclusive reciprocal access easements and easements for the construction of drainage and storm water facilities over said Lot"C", as evidenced by the Owners Statement on said Parcel Map. CITY's grant of the above described easement over Easement Parcel No. 1 is subject to those easements. DISTRICT agrees that it will cooperate with said Owners in any future use of Lot "C" by said Owners, and DISTRICT agrees not to construct fences, walls or any permanent barriers on Lot "C" which would interfere with the use of Lot "C" by said Owners for the purposes stated in the Owners Statement on said Parcel Map. 4. DISTRICT covenants to maintain the easements granted in good repair and to take all measures necessary to prevent or mitigate the emission and airborne transport of fugitive dust as identified in the Coachella Valley Fugitive Dust Control Handbook and to comply with City's Fugitive Dust Control ordinance upon use of said easements. DISTRICT will take all reasonable measures to reduce track-out upon easement use and will remove or otherwise clean up all such track-out or spillage if it occurs. 5. Storage of vehicles, equipment, materials, or any other items on Easement Parcel No. 1 for 30 days or longer, or the construction or installation of any building, structure, trailer or other permanent or temporary structure on Easement Parcel No. 1 is prohibited. If DISTRICT elects to construct or improve an access road on Easement Parcel No. 1, said access road shall be at least 20 feet in width and shall be constructed of an of an all-weather hard surface designed and maintained to support the imposed loads of fire apparatus and in compliance with the 2013 California Fire Code as modified by City Ordinance. DISTRICT agrees to provide CITY with construction plans of same in advance of construction, for review and approval by CITY, which approval shall not be unreasonably held. 6. Storage of vehicles, equipment, materials, or any other items on Easement Parcel No. 2 for 30 days or longer, or the construction or installation of any building, structure, trailer or other structure is prohibited without the advance approval by CITY and issuance by CITY of a Special Use Permit, Conditional Use Permit, or other applicable zoning or building permits. 7. DISTRICT, hereby covenants on behalf of itself, its heirs, successors and assigns that if DISTRICT elects to construct a new gate or other entry structure on either Easement Parcel No. 1 or No. 2, that an access control box will be installed as part of the operating portion of said gate structure, to ensure emergency access to its easement by Fire, Police, paramedic, ambulance or public works maintenance services. Said box shall be of a type and style approved by CITY and shall be supplied at DISTRICT'S expense. If padlocks are used on any gates, CITY emergency services shall be provided with keys. 8. CITY and DISTRICT acknowledge the existence of at least four (4) domestic water service lines crossing from north to south over Easement Parcel No. 1 (Lot "C" of Parcel Map No. 29370, which provide domestic water service from an existing DISTRICT water main on the north side of Easement Parcel No. 1 to the commercial Parcels of Parcel Map No. 29370 located on the south side of said Easement Parcel No. 1. The easement herein granted by CITY to DISTRICT shall be deemed to include the right for DISTRICT to operate, maintain, repair, replace, enlarge or modify such domestic water services now located within Easement Parcel No. 1. 9. DISTRICT shall assume the defense of, indemnify and hold harmless CITY and its officers, administrators representatives, employees,agents and their respective successors and assigns (collectively"CITY indemnitees")and each and every one of them, from and against all actions, causes of action, damages, demands, liabilities, costs (including but not limited to reasonable attorney fees), claims losses and expenses of every type and description(collectively "Costs")to which they may be subjected or put, by reason of, or resulting from(A)the granting of this Easement; (B) the design, engineering and construction of any improvements on either of Easement Parcel No. 1 or No. 2 by DISTRICT; (C)the performance of or failure to perform, the work covered by this Easement which is caused or occasioned by any act or neglect on the part of DISTRICT or its representatives (as defined below); (D) any death, injury property damage, accident or casualty finally determined through legal proceedings to have been caused by DISTRICT or its representatives on either easement Parcel No. 1 or No. 2; (E) any breach by DISTRICT of its obligations under this Easement; and (F) enforcement by CITY of any provision of this Easement resulting from DISTRICT'S failure to adequately perform its obligations hereunder; and (G) District's use of Easement Parcel No. 1 or No. 2. The foregoing indemnity shall not apply to the extent any such costs are ultimately established by a court of competent jurisdiction to have been caused by the negligence or willful misconduct of CITY indemnitees or any of them, except that this clause shall not limit the comparative fault, if any, of the Parties. CITY shall make all decisions with respect to its representation in any legal proceedings concerning this Section. If DISTRICT fails to do so, CITY shall have the right, but not the obligation, to defend the same and charge all of the direct or incidental costs of such defense, including fees and costs, to DISTRICT and to recover the same from DISTRICT. The term "Representatives"shall mean employees, representatives,agents, contractors, subcontractors or any other persons directly or indirectly employed by any of the foregoing or reasonably under the control of any of the foregoing or for whose acts any of the foregoing may be liable. No provision of this Easement shall in any way limit the extent of the responsibility of the DISTRICT for payment of damages resulting from its operations or the operations of any of its representatives. DISTRICT further agrees to pay or reimburse CITY indemnitees, or any of them,for any and all costs in connection with the investigating,defending against or otherwise in connection with DISTRICT's obligations pursuant to this Easement, except liability arising through the negligence or willful misconduct of CITY indemnitees, or any of them. CITY shall have the right, at DISTRICT's expense, to commence, to appear in, or defend any action or proceeding arising out of or in connection with this Easement, and in connection therewith, may pay all necessary expenses if DISTRICT fails upon reasonable notice to so commence, appear in or defend any action or proceeding with counsel reasonably acceptable to CITY. CITY shall be furnished with copies of any bills relating to the foregoing upon request. The terms and covenants of this Easement shall bind and inure to the benefit of the heirs, executors, administrators and assigns of the DISTRICT and the CITY, and shall become effective upon the date of recordation of this Easement after its signature by all parties. IN WITNESS WHEREOF, this instrument is executed on this, the Z8 day of St•P'«w64 - , 201 (0 . "CITY" CITY OF CATHEDRAL CITY a Municipal Corporation Stanley E. Henry, Mayor ATTEST: • . Ho Yell City Clerk "DISTRICT" COACHELLA VALLEY WATER DISTRICT a public agency of the State of California J. M. Ba ret , General Manager %d.1Z,14, This Document must be properly acknowledged NOTARY ACKNOWLEDGMENT 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) ) ss. County of Riverside ) On October 12, 2016, before me, M. Yolanda Vasquez, Notary Public, personally appeared J. M. Barrett, who proved to me on the basis of satisfactory evidence to be the person( whose name(s) is/are subscribed to the within instrument and acknowledgement to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the persons) 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. .I v_ M. Yolanda` asquez, Notary 1, Hie."' M.YOLANDA VASQUEZ .ti., Commission#2053463 � (Seal) z 1,!., Notary Public•California tom"" .. Z TRiverside County M/Comm.ExVres Dec 26,2011 COMMISSION NO. 2053463 MY COMMISSION EXPIRES DECEMBER 26, 2017 CAPACITY CLAIMED BY SIGNER: General Manager SIGNER IS REPRESENTING: Coachella Valley Water District EXHIBIT"A" PARCELS OWNED BY CITY OF CATHEDRAL CITY PARCEL 1: Lot "C" of Parcel Map No. 29370, as per map filed in Parcel Map Book 197, at Pages 39, 40, and 41, in the Office of the County Recorder of Riverside County, California. Said Lot "C" is described in Grant Deed recorded on December 28, 2005, as Instrument No. 2005-1067665, and in Quitclaim Deed to the City of Cathedral City, recorded March 28, 2007, as Instrument No. 2007-0210184, both in Official Records of Riverside County, California. (APN 687-480-005) PARCEL 2: That portion of the Northeast quarter of Section 33, Township 4 South, Range 5 East, San Bernardino Meridian, described as "Parcel 3" in Gift Deed and in Grant Deed, both recorded on December 31, 1997, as Instruments No. 479108 and 479109, respectively, in Official Records of Riverside County, and in Quitclaim Deed to the City of Cathedral City, recorded on March 28, 2007, as Instrument No. 2007-0210185, in said Official Records of Riverside County. (Portion of APN 687-480-019) • , J A • VIZ/2,0/6 Michael A. Spurkosky Date z ,,p,"''',_ \ P.L.S. 8273 w c52,1 1 ,.1 41. TE °'s Page 1 of 1 EXHIBIT "B" DESCRIPTION OF EASEMENTS TO COACHELLA VALLEY WATER DISTRICT EASEMENT PARCEL NO. 1: Lot "C" of Parcel Map No. 29370, as per map filed in Parcel Map Book 197, at Pages 39, 40, and 41, in the Office of the County Recorder of Riverside County, California. Said Parcel contains 0.34 Acres, more or less. (APN 687-480-005) EASEMENT PARCEL NO. 2: That portion of the Northeast quarter of Section 33, Township 4 South, Range 5 East, San Bernardino Meridian, described as follows: BEGINNING at the Northwest corner of Lot"C" of said Parcel Map No. 29370; Thence South 00° 24' 51" East, along the West line of said Lot "C", a distance of 40.00 feet to the Southwest corner of said Lot "C", also being the Northwest corner of Parcel 4 of said Parcel Map No. 29370; Thence continuing South 00° 24' 51" East, along the West line of said Parcel 4, a distance of 99.79 feet to the Northeasterly line of the Coachella Valley Water District White Water River Channel as shown on said Parcel Map No. 29370; Thence, North 46° 38' 35" West along said channel line, a distance of 202.06 feet to the North line of said Section 33; Thence, North 89° 35' 30" East, along the said North line, a distance of 145.92 feet to the POINT OF BEGINNING. Said Parcel contains 0.23 Acres, more or less. See EXHIBIT "C" attached and by this reference made a part hereof. (Portion of APN 687-480-019) This Description was prepared by me or under my direction at the request of The City of Cathedral City in July, 2016 0 SURl/Fy nig 204 P` RrcoSt 'p Michael A. Spurkos y Date o /J P.L.S. 8273 F ¢ ti z o d 9' cP Page 1 of 1 * srATE 1 W H: o a CC M„SZ,S0.00N i \,00.016\ z ,1a N Z A, 1, o `: Q o op s & a lHi 2 O -J 1.-. w Z Z .- u' J U in --I Uv oNCD W UwU a , 8d” - Q(nW U NQ.. 1J QQ m N rn U O co o Zwa oa M J W ti F- U W Q a UNC W COm r— — C \2\ Q0_ .Ca = Q in U\w a Wz >_ I—\S CL W W ".)•O\ n p in J J oi °' W J w \Z CS) o Q h. c0 M .C\I cel t w c, G oa ZZ z L.._, w J 7,-„- a o w H wUJQ Ozza. 0. g d CNI ch a /` u3$a 1,100%, <<"1... 00 CUA ,00'017\ ,6L'66 ` O Q \,6L•6£'l M „IS, ,Z.00 N `,_Ne _ 2 a s i `C Lri vv 4</ dvFi \U ro b' Qy`, \Q: \c\):\ O Lu r7 / V s.e* \ V L s. z - y iµ1„-aa Q' \ l'Pt 3 Go Recording requested by and when recorded return to: Coachella Valley Water District Post Office Box 1058 Coachella, California 92236 RESOLUTION It was moved by Director Nelson, seconded by Director Pack, and carried unanimously that the General Manager, or his/her designee is hereby authorized, on behalf of COACHELLA VALLEY WATER DISTRICT, to accept offers of dedication of easements and to execute the applicable acceptance certificate or acceptance resolution, which may be required to be conveyed to CVWD for real property underlying Facilities. Said transfers and conveyances may be required to be provided through dedication by final parcel/tract map or dedication by separate instrument/document. Such dedication requirements may be imposed under the discretion of the General Manager, or his/her designee,pursuant to the applicable rules and regulations of CVWD. As of the effective date of Resolution 2015-23, the provisions of this Resolution shall be deemed to supersede, and otherwise be controlling, over Resolution 78-248. As a result, the Board hereby consolidates into this one Resolution the authority for accepting offers of dedication of fee title and easements, and the execution of the applicable acceptance certificate or acceptance resolution, which may be required to be provided to CVWD. STATE OF CALIFORNIA ) COACHELLA VALLEY WATER DISTRICT ) ss. OFFICE OF THE CLERK OF THE BOARD ) I, SYLVIA BERMUDEZ, Clerk of the Board of Directors of the Coachella Valley Water District, DO HEREBY CERTIFY that the foregoing is a true copy of a resolution adopted by said Board at a regular meeting thereof duly held and convened at its office at Palm Desert, California,on the 10th day of February, 2015, at which meeting all Directors were present and acting throughout. I further certify that by authority of said Resolution I accept and consent to the recording of the attached Easement(Non-Exclusive)to Coachella Valley Water District, dated September 28, 2016, executed by Stanley E. Henry, Mayor, City of Cathedral City and J. M. Barrett, General Manager, Coachella Valley Water District, concerning a portion of the northeast quarter of section 33,township 4 south, range 5 east, San Bernardino Base and Meridian, for domestic andyfurmwater purposes. Dated this 17th day of October, 2016. I .-y—via Bermudez Clerk of the Board ATTEST Ii . i /0 0.4/ Maricela Cabral Board Administrative Assistant II APN: 687-480-005 687-480-019 040533.1-010 SB:yv\rcrd\20I61October\Acceptance Resolution—City of Cathedral City 687-480-005&687-480-019 Jai,OF ereE,*_ e °s PETER ALDANA Recorder t ". P.O.Box 751 COUNTY OF RIVERSIDE Riverside,CA 92502-0751 >43 (th ` ASSESSOR-COUNTY CLERK-RECORDER (951)466-7000 • it'll./ Website WWW.rrversideacr.cQm •'F,' • DOCUMENTARY TRANSFER TAX AFFIDAVIT WARNING ANY PERSON WHO MAKES ANY MATERIAL MISREPRESENTATION OF FACT FOR THE PURPOSE OF AVOIDING ALL OR ANY PART OF THE DOCUMENTARY TRANSFER TAX IS GUILTY OF A MISDEMEANOR UNDER SECTION 5 OF ORDINANCE 516 OF THE COUNTY OF RIVERSIDE AND IS SUBJECT TO PROSECUTION FOR SUCH OFFENSE. ASSESSOR'S PARCEL NO. 687-480-019 687 --480 --005 I declare that the documentary transfer tax for this Property Address: N/A transaction is:$_0_ . If this transaction is exempt from Documentary Transfer Tax,the reason must be identified below. I CLAIM THAT THIS TRANSACTION IS EXEMPT FROM DOCUMENTARY TRANSFER TAX BECAUSE: (The Sections listed below are taken from the Revenue and Taxation Code with the exception of items 9 and 10 which are taken from Riverside County Ordinance 516). Please check one or explain in "Other". 1. Section 1 191 1. The consideration or value of the property,exclusive of any liens and encumbrances is $100.00 or less and there is no additional consideration received by the grantor. 2. Section 11911, The conveyance transfers to a revocable living trust by the grantor or from a revocable living trust to a beneficiary. 3. Section 11921. The conveyance was given to secure a debt. 4. x Section 11922. The conveyance is to a governmental entity or political subdivision. 5. Section 11925. The transfer is between individuals and a legal entity or partnership,or between legal entities and does not change the proportional interests held. 6. Section 11926. The conveyance is to a grantee who is the foreclosing beneficiary and the consideration paid by the foreclosing beneficiary does not exceed the unpaid debt. 7. Section 11927. The conveyance relates to a dissolution of marriage or legal separation. (A spouse must sign a written recital in order to claim this exemption.This form may be used for that purpose.) 8. Section 11930. The conveyance is an inter vivos gift*or a transfer by death. "Please be aware that information stated on this document may be given to and used by governmental agencies,including the Internal Revenue Service. Also,certain gifts in excess of the annual Federal gift tax exemption may trigger a Federal Gift Tax. In such cases,the Transferor(donor/grantor)may be required to file Form 709(Federal Gift Tax Return)with the Internal Revenue Service. 9. Section 8. The easement is)perpetual,permanent,or for life. 10. Section 9. The document is a lease for a term of j ,,,than(35)years(including written options.) 1 1. Other (Include explanation and legal authority) I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT. VI- Ex. ut • 0 day of &-f 1 ' 2016 at Palm Desert, CA City State "&i.i`. J M. Barrettt, General Manager Signatur. 'rant Printed Name of Affiant '- ' - 75515 Hnvle 1 ane Fast, Palm Desert, CA 92211 Name of Firm(if applica.le) Address of Affiant Including City,State,and Zip Code) 760-398-2651 Telephone Number of Affiant(including area code) This form is subject to the California Public Records Act(Government Code 6250 et. seq.) For Recorder's Use Affix PCOR Label Here ACR 521 (Rev. 11/20141 Available in Alternate Formats