RECORDING REQUESTED BY:
WHEN RECORDED MAIL TO:
COACHELLA VALLEY WATER DISTRICT
P. O. Box 1058
Coachella CA 92236
With copy to:
City Clerk
City of Cathedral City
68-700 Avenida Lalo Guerrero
Cathedral City CA 92234
No Recording Fees or Documentary Transfer Tax
Government Code § 27383
Rev & Tax Code § 11922
APN 680-340-007; 680-422-021 File:
TRA:
DTTA: -0-
EASEMENT AND ASSIGNMENT AND ASSUMPTION OF EASEMENT AGREEMENT (Non-Exclusive)
This Easement and Assignment and Assumption of Easement Agreement(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:
Lot 188 of Palm Springs Outpost No. 2, as shown by Map on file in Book 25, at Pages 61 and 62 of Maps, Records of Riverside County, California.
Said real property is located on the west side of Shifting Sands Trail, between the Whitewater River Stormwater Channel ("Channel") and Shifting Sands Trail; north of Dinah Shore Drive; and WHEREAS, CITY also holds an easement for ingress and egress to and from the Channel over a parcel of real property between the Channel and the above described Lot 188, which easement was recorded on February 17, 2023, as Instrument No. 2023-0047635, in Official Records of Riverside County, a copy of which instrument is marked Exhibit "A", and is attached and made a part hereof by reference;
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 widen and modify the existing bridge over the Channel at Ramon Road, which will interfere with an existing access point to the Channel used by DISTRICT; and
WHEREAS, DISTRICT is desirous of obtaining a convenient and reliable substitute access point to the easterly side of the Channel, at a point between Ramon Road and Dinah Shore Drive, and has requested that CITY grant an access easement to DISTRICT over the above described Lot 188 and to assign and transfer to DISTRICT the access easement held by CITY as described in Exhibit "A", to provide such substitute access to the Channel; and WHEREAS, said access easements will be utilized by DISTRICT for routine operation and maintenance of the Channel and for emergency access to the Channel; and WHERAS, CITY is desirous of granting to DISTRICT, such easement over said Lot 188 and assigning and transferring the easement described in Exhibit "A" to DISTRICT..
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 assign and transfer to DISTRICT, and DISTRICT hereby accepts, that certain easement as described in Exhibit "A", hereinafter Easement Parcel No. 2, and depicted in Exhibit "C" which are attached and made a part hereof by reference, for ingress, egress, construction and maintenance of an access road and necessary devices and appurtenances, and for flood control purposes. DISTRICT covenants to maintain the easement in good repair and to take all measures necessary to prevent damage to the real property owned by Cathedral Creekside, L.P., a California Limited Partnership, the "Grantor" of the easement described in Exhibit "A" , caused by or resulting from DISTRICT'S use of or improvements to said easement, and should any such damage occur, to pay for its repair or to make such repairs as may be reasonably required by the Grantor.
DISTRICT covenants that its use of Easement Parcel No. 2 will be consistent with the DISTRICT'S public purpose to maintain the Channel for the protection of life and property, and that such use of the easement shall be typically between the hours of 7 am and 7 pm, excepting flood control emergencies. DISTRICT further covenants that its use of Easement Parcel No. 2 will be conducted in such a manner as to not negatively affect or impact the quiet enjoyment of any tenants of the apartment units located on said Grantor's land.
DISTRICT covenants to maintain both Easement Parcels No. 1 and 2 in good repair and to take all measures necessary to 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 of dirt, dust or mud from said easements onto the adjacent public streets and sidewalks and will remove or otherwise clean up all such track-out or spillage if it occurs.
5. DISTRICT agrees to construct and improve and maintain in good repair an access road on Easement Parcel No. 1, with Class Il aggregate base material, or equal, at least fifteen (15) feet wide and four (4) inches thick, and to construct a gate at the driveway entrance to Easement Parcel No. 1, equal to or better than a DISTRICT standard pipe gate assembly, per District Drawing No. W-44. DISTRICT shall provide CITY emergency services and Public Works Departments with keys to any padlocks or locking devices on the gate.
CITY and DISTRICT, and each of them, agree not to construct, maintain, erect, or install any structure or obstruction on or around Easement Parcel No. 1 that would unreasonably interfere or prevent CITY's or DISTRICT's use of the easement area.
CITY and DISTRICT, and each of them, covenant it shall not use, deposit or permit the use or deposit of any hazardous material or toxic waste or other harmful substances onto the easement area or on any other real property of CITY adjacent to the easement area.
CITY warrants and/or covenants there are no agreements for occupancy in effect for the easement area and no unrecorded possessory interests or unrecorded agreements that would adversely affect DISTRICT's title to or use of the easement area. CITY agrees it shall not enter into any agreements or undertake any obligations which will in any way burden, encumber, or otherwise affect the easement area without the prior written consent of DISTRICT.
The terms, covenants and conditions 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 _day of , 202_
"CITY"
CITY OF CATHEDRAL CITY
a Municipal Corporation
Rita Lamb, Mayor
ATTEST:
Tracey R. Hermosillo, CMC
City Clerk
"DISTRICT"
COACHELLA VALLEY WATER DISTRICT
a public agency of the State of California
J. M. Barrett, General Manager
Attachments:
Exhibit A: Recorded copy of access easement, Easement Parcel 2, on land owned by Cathedral Creekside, L.P.
Exhibit B: Legal Description of access easement, Easement Parcel 1, on land owned by City Exhibit C: Sketch of Easement Parcels
This Document must be properly acknowledged
EXHIBIT 'A'
Grant of Easement
recorded February 17, 2023; #2023-0047635, O.R.
(8 pages )
• 1707
2023-0047635
02/17/2023 04:31 PM Fee: $ 0.00
Recorded in Official Records
ounty of Riverside
Recording requested by Peter Aldana
Assessor-County Clerk-Recorder
And when recorded return to:
CITY CLERK
CITY OF CATHEDRAL CITY
68700 AVENIDA LALO GUERRERO
CATHEDRAL CITY CA 92234
58. 8108 8 7383 Covermen Code
APN 680-340-007 (Space above this line for Recorder's Use) DTT: 0
GRANT OF EASEMENT
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CATHEDRAL/CREEKSIDE, L. P., a California Limited Partnership, hereby GRANTS to the CITY OF CATHEDRAL CITY, a Municipal Corporation, a non-exclusive easement for ingress and egress, over, under, across and through those portions of Parcel "X", as shown on the map filed in Book 147 of Records of Survey, at
Lot Merger No. 2002-341, recorded on February 19, 2003, as Instrument No. 2003-113878, in Official Records of Riverside County, California, and of Parcel 3 of Parcel Map No. 23865, as per map on file in Parcel Map Book 157, at Pages 73 through 77, inclusive, Records of Riverside County, all as more particularly described in Exhibit "A", and shown on Exhibit "B", which are attached hereto and made a part hereof.
TOGETHER with the right for Grantee to assign or transfer this easement to the Coachella Valley Water District.
CATHEDRAL/CREEKSIDE, L.P., a California Limited Partnership By: Central Valley Coalition for Affordable Housing,
A California Non-profit public benefit corporation,
Its Managing General Partner
By: _ Date:
Christina Alley, Chief Executive Officer
By: Cathedral/Creekside,/LLC
A California Limited Liabil Company
Its Administrative General Partner
1 115/27
By:.
Jacob Levy, Manager._
• •
Recording requested by
And when recorded return to:
CITY CLERK
CITY OF CATHEDRAL CITY
68700 AVENIDA LALO GUERRERO
CATHEDRAL CITY CA 92234
50c. B103 8 27303 or Governor Cole
APN 680-340-007 (Space above this line for Recorder's Use)
GRANT OF EASEMENT
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CATHEDRAL/CREEKSIDE, L. P., a California Limited Partnership, hereby GRANTS to the CITY OF CATHEDRAL CITY, a Municipal Corporation, a non-exclusive easement for ingress and egress, over, under, across and through those portions of Parcel "X", as shown on the map filed in Book 147 of Records of Survey, at
Lot Merger No. 2002-341, recorded on February 19, 2003, as Instrument No. 2003-113878, in Official Records of Riverside County, California, and of Parcel 3 of Parcel Map No. 23865, as per map on file in Parcel Map Book 157, at Pages 73 through 77, inclusive, Records of Riverside County, all as more particularly described in Exhibit "A", and shown on Exhibit "B", which are attached hereto and made a part hereof.
TOGETHER with the right for Grantee to assign or transfer this easement to the Coachella Valley Water District.
CATHEDRAL/CREEKSIDE, L.P., a California Limited Partnership By: Central Valley Coalition for Affordable Housing,
A California Non-profit public benefit corporation,
Its Managing General Partner
By: hust inallle Done a 11.003 -
Christina Alley, Chief Executive Officer
By: Cathedral/Creekside, LLC
A California Limited Liability Company
Its Administrative General Partner
By: Date:
Jacob Levy, Manager
EXHIBIT "A"
In the City of Cathedral City, County of Riverside, State of California, being all those portions of Parcel "X", as shown on the map filed in Book 147 of Records of Survey, at Page 84, Records of Riverside County, and as described in the Certificate of Compliance for Lot Merger No. 2002- 341, recorded on February 19, 2003, as Instrument No. 2003-113878, in Official Records of Riverside County, California, and of Parcel 3 of Parcel Map No. 23865, as per map on file in Parcel Map Book 157, at Pages 73 through 77, inclusive, Records of Riverside County, lying Southerly of the Westerly prolongation of the North line of Lot 188 of Palm Springs Outpost No. 2, as shown on the map on file in Book 25, at Pages 61 and 62 of Maps, Records of Riverside County, and lying Easterly of the Easterly line of Parcel 2 as described in the Deed of Easement to the Coachella Valley Water District, which took title as the Coachella Valley County Water District, recorded on September 1, 1960, as Instrument No. 77268 in Book 2760, at Page 34 of Official Records, in the office of the Riverside County Recorder.
Containing 732 sq. fl., more or less.
PROFESSTOMNE
DAVID PRESS ENGI
R.C.E. 18731 F
Prepared by 11-2271
David R. Faessel RCE 18731
•
NOTE: DATA SHOWN IS PER
RECORD DATA. OR CALCULATED
FROM RECORD DATA
W. TRACT BOUNDAR
ИВ 25/61-6: 30°
070715 W
LOT 185
INGRESS AND EGRESS E SEMENT
FALM SPRINGS OUTPOST NO 2
18.96'+ LOT 186
42.64'%
N 06°11'46* E
LOT 187
NORTH LINE
LOT 188 30'
140°
2)
102.10 e SHIFTING SANDS TRAIL
LOT 18B
N 001935- W
PARCEL A PARCEL
20 21 DINAL SHORE DB
*29
00B.º2
N 893835• = SOUTH LINE SEC 21
PROFESSIONAL
STERED NOTE:
DATA SHOWN IS
RCE 1873 RECORD DATA OR
N
CALCULATED FROM
* 60 120 180
RECORD DATA, PM
SATE OF CALIFORN 20731 PMB 137/34,
AND RECORD DEEDS.
1" - 60°
INGRESS AND EGRESS EASEMENT 1"= 60°
CITY OF CATHEDRAL CITY
Deter
NOVEMBER 2021
CATHEDRAL/CREEKSIDE, LP
Cathedral City Stact
EXHIBIT B 1 # 2
Sheste
Brown Byr NMP
Checked By DRF
•
PARCEL 2 AS DESCRIBED IN EASEMENT TO COACHELLA VALLEY WATER RECORDED SEPTEMBER 1, 1960, INSTRUMENT NO.77288 IN
BOOK 2760. PAGE 34 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY. 2 ORTIONS OF PARCEL A AND PARCEL B OF PARCEL MAP 23B85 P MAP FILED IN PARCEL MAP BOOK 157, AGES 73-77, INCLUSI
RECORDS OF RIVERSIDE COUNTY, ACCEPTED BY CITY OF CAJHEDRAI CITY PER DOCUMENT RECORDED NOVEMBER 5, 2002, INSTRUMEN
NO. 2002-636574, OFFICIAL RECORDS.
A LOT 188 OF PALM SPRINGS OUTPOST NO. 2 PER MAP ON FILE IN BOOK 25 AT PAGES 81 AND 62 OF MAPS, DEEDED TO CITY OF
CATHEDRAL CITY PER INSTRUMENT RECORDED JANUARY 301997.
INSTRUMENT NO. 031948, OFFICIAL RECORDS.
ORTION OF PARCEL 3 OF PARCEL MAP 23865 PER MAP FILLED | ARCEL MAP BOOK 157, PAGES 73-77 INCLUSIVE, RECORDS O
RIVERSIDE COUNTY.
PROFESSIONAT
FAESSEL ENGI NOTE:
DATA SHOWN IS
REGI RCE RECORD DATA OR
CALCULATED FROM
* RECORD DATA, PM
SATE CALIFORNI 20731 PMB 137/34,
AND RECORD DEEDS.
Scole!
INGRESS AND EGRESS EASEMENT NTS
CITY OF CATHEDRAL CITY Dates
CATHEDRAL/CREEKSIDE, LP NOVEMBER 2021
Cathedral City Sheet 2d 2 theate
NMP
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF 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
County of Los Angeles -)
On January 5, 202 before me, Grace Baek, Notary Public
Hare Insort name who us or ta cinder)
personally appeared Jacob Levy
who proved to me on the basis of satlefactory evidence to be the person(s) whose name(a) Is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/ther authorized capacityles), and that by his/her/their signature(s) on the Instrument the person(), or the entity upon behalf of which the person(a) acted, executed the Instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Callfornla that the foregoing paragraph is true and correct.
GRACE BAEX
WITNESS my hand and official seal. Notary Public - California Los Angeles County
Commission # 2398251
My Comm. Expires Mar 23, 2026
Notary (Notary Public Seaf)
INSTRUCTIONS FOR COMPLETING THIS FORM
ADDITIONAL OPTIONAL INFORMATION The for camples with curren Colfornla statutes regarding nottry tonting and, DESCRIPTION OF THE ATTACHED DOCUMENT i needed, shosid ba complated and attachad to the doament dokoeledgments from ether safer may or completed for documanis baing avat to at stars ro long at the wanding does not require tie Calfornta nolary to violate Cattoria notary law.
(Tille or descilation of atteched document) • State and County Information must be the State and County where the document signor(a) parsonally appeared beforp the notary publla for askoowdedgonent. (Tite or descripilon of altached document conlinued) • Dats of notarization must be the deto that the signers) personaily appeared which must also be the same date the acknowledgment is complated. • The notary publis must print his or hor namo on it appoers within his of her Number of Pages _ _ Documant Date. cormlusion fallowed by a comme and than your title (nolary pubtle). • Print the name(a) of dosument signor(s) who personally appear at tha time of noterization.
CAPACITY CLAIMED BY THE SIGNER • Indlente the correct singular or plural forma by crossing off incorrect forma (lo. • Individual (*) he/sba/egy-is/uns) or eiroling ihe corrot forms, Fullure to serolly illoato this Information may lead to rejestion of dosument rooording. • Corporate Officer • The notary seal Impression must be clear and photographically reproduolblo.
Improfon must nos covar laxt or linse. If seal Improsaion amadges, ro-mal if e suffolont area permila, otharviso complete a different asknowlodgment form.
D Pertner(e) • Signature of the notary public must matsh the signsure on file with the offies of the county clerk.
/ Attorney-In-Fact Additional Information is not required but could holp to ensurs this Trustee(•) acknowledgment is not misued or stroshed to a different document.
Other Indlonta titte or typo of attaphed dosument, number of pager and deto.
Tedlonte the capulty olalmed by the signer. if the claimed opsolty la a corporate offloor, Indicate tha title (i.o. CEO, CRO, Secretary). 2015 Veralon www.NotwryClsesea.com 800-873-0888 • Seaurely attich thia document to the signed document with a ataple. • •
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California }
} sS
County of Merced }
On January 12, 2023, before me, Jennifer Bertuccio, Notary Public, personally appeared Christina Alley, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged 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 person(s) 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.
JENNIFER BERTUCCIO
Notary Pubiic - Caiifornia
Merced County
Commission # 2352016
My Comm. Expires Mar 17. 2025
Jane Pastur
Notary Publi
My Commission Expires:
March 17, 2025
CITY OF CATHEDRAL CITY
CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY that the interest in real property conveyed by Grant of Easement dated January 5, 2023, executed by CATHEDRAL/CREEKSIDE, L.P., to the City of Cathedral City, a Municipal Corporation, Grantee, for an easement for ingress and egress, is hereby accepted by the City Clerk of said City on this 15l day of February 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 1st day of February, 2023.
Tracey R. Hermosillo, CMC
City Clerk
• City of Cathedral City
APN No. 680-340-007
Incorperale 19.71 230..
EXHIBIT "B"
Legal Description of Easement to be Granted to DISTRICT The North 40.00 feet of Lot 188 of Palm Springs Outpost No. 2, as shown by Map on file in Book 25, at Pages 61 and 62 of Maps, Records of Riverside County, California.
VOTE: DATA SHOWN IS PER -
RECORD DATA OR CALCULATEI
FROM RECORD DATA
• W. TRACT BOUNDARY 30'
MB 25/61-62
N0707'15' W 2
LOT 185 NO
INGRESS AND EGRESS EASEMENT
18.96 ₺ LOT 186
42.64 ‡
N 06°11'46" -
tOT 187 EASEMENT PARCEL NO. 1
NORTH LINE
EASEMENT PARCEL NO. 2- 1 LOT 188 30'
140"
2 2023 - 9:50cm apesloy 102.10
LOT 188
142.34 N 00"19'35" A
PARCEL A PARCEL B
73. 40'
20 21
29 DINAH SHORE DR
28 806.52'
Ecsoment Agreement City of Cothedral City and CVND.deg autt (2)) May 23, N 89'38'55" E SOUTH LINE SEC 21
PROFESSIONAL
NOTE:
STEREO BEN I 9I13 DATA SHOWN IS RECORD
DATA OR CALCULATED
R.C.E. 18731 FROM RECORD DATA, PM
N
23865 PMB 157/73-77, 60
* * AND RECORD DEEDS. 120 180
SATE OF CAL FORTY CIVIL
1" = 60°
EASEMENT AGREEMENT Scole:
City of 1"= 60'
CITY OF CATHEDRAL CITY AND CVWD
Date:
CATHEDRAL/CREEKSIDE, LP MAY 2023
Cathedral City Sheet:
EXHIBIT C 1 of 2 sheets
Drown By; NMP
Checked By: DRF
1 PARCEL 2 AS DESCRIBED IN EASEMENT TO COACHELLA VALLEY WATER 1960, INSTRUMENT NO.77268 IN
300K 2760, PAGE 34 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY 2 PARCEL 'X' AS SHOWN ON RECORD OF SURVEY MAP FILED IN BOOK 305-1 592 AM REC 0 301; DOORENT IN REVERSIOE
NO. 2002-636574, OFFICIAL RECORDS.
BOOK 25 OF PAGES OT AN 62 OF MAPS, PERED TO ON OF IN
INSTRUMENT NO. 031948, OFFICIAL RECORDS. CATHEDRAL CITY PER INSTRUMENT RECORDED JANUARY 30 1997, 1 PORTION OF PARCEL 3 OF PARCEL MAP 23865 PER MAP FILLED IN PARCEL MAP BOOK 157, PAGES 73-77 INCLUSIVE, RECORDS OR
nerve - Glty of Cothedral Cry\Dealtop \Ecement Agreement City of Cothedral City and CVD.deg [Loyouti (3)] Moy 23, 2023 - 9:50cm PROFESSIONAL NOTE:
DATA SHOWN IS RECORD
R.C.E. 18731
DATA OR CALCULATED
* FROM RECORD DATA, PM
23865 PMB 157/73-77,
STATE OF CAL FONT CIVIL AND RECORD DEEDS.
EASEMENT AGREEMENT Scale:
CITY OF CATHEDRAL CITY AND CVWD NTS
Date:
CATHEDRAL/CREEKSIDE, LP MAY 2023
Cathedral City
EXHIBIT C Sheet:
2 or 2
Sheets
Drawn By:
Cracked By: DR F
sanes trail
Creekside Property
Shifting Sands Trail
CVWD channel
easement line
Easement
Parcel No. 1
Easement Parcel
No. 2
ot 188
Dinail Shore Dr
Dinah Shore Dr.
sketch of CVWD access easement