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
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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
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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