HomeMy WebLinkAboutA6984 - BUREAU OF LAND MANGEMENT (BLM), PSForm,'2..a800-14 UNITED STATES
(August 1985) DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
RIGHT-OF-WAY GRANT/TEMPORARY USE PERMIT
Issuing Office
Palm Springs South Coast Field Office
Serial Number
CACA 57051
1. A (right-of-way) (permit) is hereby granted pursuant to:
a. ❑✓ Title V of the Federal Land Policy and Management Act of October 21, 1976 (90 Stat. 2776,
43 U.S.C. 1761);
b. ❑ Section 28 of the Mineral Leasing Act of 1920, as amended (30 U.S.C. 185);
c. ❑ Other (describe)
2. Nature of Interest:
a. By this instrument, the holder City of Palm Springs receives a
riglit to constrict, operate, maintain, and terminate a access road and work area for Palm Springs Station Road
on public lands (or Federal land for MLA Rights -of -Way) described as follows:
San Bernardino Meridian,
T. 3S., R. 4E.,
sec. 22, NEI14SE1/4.
b. The right-of-way or permit area granted herein is NA feet wide, NA feet long and contains acres, more or
less. If a site type facility, the facility contains 1.64 acres.
c. This instrument shall terminate on 12/31/2046 30 years from its effective date unless, prior thereto, it is relinquished
abandoned, terminated, or modified pursuant to the terms and conditions of this instrument or of any applicable Federal law or regulation.
d. This instrument ❑✓ may ❑may not be renewed. If renewed, the right-of-way or permit shall be subject to the regulations existing at the time of renewal and
any other terms and conditions that the authorized officer deems necessary to protect the public interest.
e. Notwithstanding the expiration of this instrument or any renewal thereof, early relinquishment, abandoment, or termination, the provisions of this instrument,
to the extent applicable, shall continue in effect and shall be binding on the holder, its successors, or assigns, until they have fully satisfied the obligations
and/or liabilities accruing herein before or on account of the expiration, or prior termination, of the grant.
(Continued on page 2)
3. Rental:
For and in considerationof the rights granted, the holder agrees to pay the Bureau of Land Management fair market value rental as determined by the authorized
officer unless specifically exempted from such payment by regulation. Provided, however, that the rental maybe adjusted by the authorized officer, whenever
necessary, to reflect changes in the fair market rental value as determined by the application of sound business management principles, and so far as practicable
and feasible, in accordance with comparable commercial practices.
4. Terms and Conditions:
a. This grant or permit is issued subject to the holder's compliance with all applicable regulations contained in Title 43 Code of Federal Regulations parts 2800 and 2880.
b. Upon grant termination by the authorized officer, all improvements shall be removed from the public lands within 120 days, or otherwise
disposed of as provided in paragraph (4)(d) or as directed by the authorized officer.
c. Each grant issued pursuant to the authority of paragraph (1)(a) for a term of 20 years or more shall, at a minimum, be reviewed by the authorized officer at
the end of the 20th year and at regular intervals thereafter not to exceed 10 years. Provided, however, that a right-of-way or permit granted herein may be
reviewed at any time deemed necessary by the authorized officer.
d. The stipulations, plans, maps, or designs set forth in Exhibit(s) A and B dated 06/03/2015
attached hereto, are incorporated into and made a part of this grant instrument as fully and effectively as if they were set forth herein in their entirety.
e. Failure of the holder to comply with applicable law or any provision of this right-of-way grant or permit shall constitute grounds for suspension or termination thereof.
f. The holder shall perform all operations in a good and workmanlike manner so as to ensure protection of the environment and the health and safety of the public.
IN WITNESS WHEREOF, The undersigned agrees to the terms and conditions of this right-of-way grant or permit.
V,
Aignature of Ho er)
�rlee-r7 Z. b�r't
(Signature of Authorized Officer)
e) (Title)
q, �0 7
(Date) (Effective Date of Grant)
(Form 2800-14, page 2)
AP FORM
CRY ATrOPJW
Exhibit A: Mitigation Measure
1.0 General Stipulations
a. The right-of-way is issued subject to all valid existing rights.
b. No signs or advertising devices shall be placed on the premises or on adjacent
public lands, except those posted by or at the direction of the authorized officer.
c. The right-of-way shall be maintained in a sanitary condition at all times. Waste
materials at those sites shall be disposed of promptly at an approved waste
disposal site. "Waste", as used in this paragraph, shall mean all discarded matter
of any kind.
d. Holder shall conduct all activities associated with construction, operation,
maintenance and termination of this right-of-way within its authorized limits.
e. Holder shall maintain the right-of-way in a safe, useable condition, as directed by
the Authorized Officer.
f. Holder shall maintain copy of the authorization along with stipulations on
construction site at all times. In the event that the public land underlying the
right-of-way encompassed in this grant, or a portion thereof, is conveyed out of
Federal ownership and administration of the ROW or the land underlying the
ROW is not being reserved to the United States in the patent/deed and/or the
ROW is not within a ROW corridor being reserved to the United States in the
patent/deed, the United States waives any right it has to administer the right-of-
way, or portion thereof, within the conveyed land under Federal laws, statutes,
and regulations, including the regulations at 43 CFR Part [2800][2880], including
any rights to have the holder apply to BLM for amendments, modifications, or
assignments and for BLM to approve or recognize such amendments,
modifications, or assignments. At the time of conveyance, the patentee/grantee,
and their successors and assigns, shall succeed to the interests of the United States
in all matters relating to the right-of-way, or portion thereof, within the conveyed
land and shall be subject to applicable State and local government laws, statutes,
and ordinances. After conveyance, any disputes concerning compliance with the
use and the terms and conditions of the ROW shall be considered a civil matter
between the patentee/grantee and the ROW Holder.
2.0 Air Quality and Greenhouse Gas Emissions
a. A Fugitive Dust (PMio) Mitigation Plan shall be prepared in compliance with
Ordinance 1439 of the City Municipal Code and shall be included as part of the
construction contract specifications prior to the issuance of a grading permit. The
Fugitive Dust Mitigation Plan shall specify steps that will be taken to comply with
the city's Fugitive Dust and Erosion Control Ordinance, which restricts fugitive
dust emissions. Measures outlined in the plan shall include, but not be limited to,
daily watering of graded areas, washing of equipment tires before leaving the
construction site, and use of SCAQM-approved chemical stabilizers or soil
binders;
b. The proposed project shall incorporate into the project specifications the
applicable provisions of the Draft Final Coachella Valley PMio SIP and
SCAQMD Rule 403 and 403.1;
C. The contractor shall discontinue construction activities during first and second -
stage smog alerts;
d. When feasible, the contractor shall utilize existing power sources (i.e., temporary
power poles) to minimize the use of diesel generators;
e. Upon development of the project construction details and schedule, the City shall
re -estimate NOx emissions;
f. If emissions are forecast to exceed the SCAQMD NOx threshold, the contractor
shall use aqueous diesel fuel or one or more pieces of construction equipment
with exhaust gas recirculation -type engines as necessary to reduce to forecast
emissions to less than the threshold limit.
g. All trucks hauling dirt, sand, soil or other loose materials off -site shall be covered
or wetted or shall maintain at least two feet of freeboard.
h. All construction roads that have high traffic volumes, shall be surfaced with base
material, decomposed granite, or otherwise stabilized.
i. Public streets shall be cleaned, swept or scraped at frequent intervals or at least
times a week if visible soil material has been carried onto adjacent public roads.
j. Traffic speeds on all unpaved surfaces shall not exceed 25 mph.
k. Low sulfur or other alternatives fuels shall be used in construction equipment
where feasible.
1. Deliveries related to construction activities that affect traffic flow shall be
scheduled during off-peak hours and coordinated to achieve consolidating truck
trips. When the movement of construction materials and/or equipment impacts
traffic flow, temporary traffic control shall be provided to improve traffic flow.
M. Re -vegetate exposed earth surfaces following construction.
n. The project will incorporate the use of energy efficient lighting, such as LED
traffic signals.
o. Portland cement will be used where possible and if feasible, fly ash will be added
to Portland cement mixes.
3.0 Threatened or Endangered Species
a. The Holder shall comply with all terms, conditions, and mitigation measure identified
in the Biological Opinion, as amended, and Coachella Valley Multiple Species
Habitat Conservation Plan.
4.0 Hazardous Materials
a. Conduct asbestos surveys utilizing certified consultants prior to any modification to or
demolition of the Indian Canyon Bridge structure within the study area, which may be
altered or demolished to accommodate the planned construction.
b. Conduct lead -based paint surveys utilizing California certified consultant prior to
modifications/demolition of the existing Indian Canyon Drive Bridge within the study
area. If lead levels are encountered above the regulatory thresholds, the lea -based paint
should be mitigated prior to any modification to, or demolition of the Indian Canyon
Drive Bridge.
c. To avoid impacts from pavement striping during construction it is recommended that
testing and removal requirements for yellow striping and pavement marking materials be
performed in accordance with Caltrans Standard Special provisions 15-300 Remove
Traffic Stripe and Pavement Markings.
d. Perform a preliminary investigation and screening for potential elevated levels of
petroleum hydrocarbon contamination, grease and oils, in the surface and near -surface
soils along the project segments within 50 feet of the existing UPRR Alignment, The
investigation should include a remediation plan for handling and/or removal/disposal of
contaminated soil.
e. Any leaking transformers observed during the course of the project should be considered
a potential polychlorinated biphenyl (PCB) hazard. If leaks are encountered from
electrical transformers, the transformer fluid should be sampled and analyzed by qualified
personnel for detectable levels of PCB's. Should PCB's be detected, the transformer
should be removed and disposed of in accordance with the appropriate regulatory agency.
Any stained soil encountered below electrical transformers with detectable levels of
PCB's should be handled and disposed of in accordance with the appropriate regulatory
agency.
f. If any hazardous waste material is encountered during construction, the procedures
outlined in "Caltrans hazards Procedures for Construction" shall be followed.
5.0 Noise
a. The Holder shall limit construction to the hours of lam to 7pm on the weekdays and Sam
to 5pm on Saturdays. No construction is permitted on Sundays and Holidays.
b. The construction noise shall not exceed 86 dB at 50 feet from the job site activities from
the hours of 9pm to 6am.
c. The holder shall use alternative warning methods instead of a sound signal unless
required by safety law. All internal combustion engines shall be equipped with the
manufacturer recommended muffler. An internal combustion engine cannot be operated
on the job site without the appropriate muffler.
6.0 Traffic
a. The holder shall prepare and implement a traffic control plan
7.0 Water Quality
a. The Holder shall prepare a SWPPP prior to construction to establish project -specific
permanent and temporary BMPs. During the design phase, a Water Pollution Control
Plan would be prepared to determine the minimum control requirements to be included in
the SWPPP.
I.
T � AND qL�`F
No. 7354
for CA1 \F��
EXHIBIT "B"
P.O.C. \
INT. OF THE CENTER LINE OF I
INDIAN CANYON DR. (INDIAN AVE.)
AND SOUTHERN PACIFIC RAILROAD
AS SHOWN ON ROS 18/2
MULTIPLY DISTANCE BY 1.00002570 TO OBTAIN GROUND DISTANCES
LINE TABLE
LINE
BEARING
LENGTH
L1
S 0019'08" W
252.43'
L2
N 89'40'52" W
125.00'
L3
S 08'25'05" W
50.13'
L4
S 01:25'49" W
198.25'
L5
S 50'52'51" E
75.02'
L6
S 0019'08" W
32.92'
L7
N 6325'34" W
33.18'
L8
N 0019'10" E
16.27'
L9
N 00'07'29" W
165.21'
L10
N 00'40'01" E
123.16'
L11
N 00'03'46" W
236.51'
L12
N 89'40'50" W
0.50'
L13
N 89'40'50" W
1.00'
L14
S 89'40'50" E
12.76'
L15
S 50'52'51" E
29.30'
T.P.0.B. I f
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APN 669-080-002
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CURVE TABLE
CURVE
DELTA
RADIUS
LENGTH
Cl
60'12'38"
163.22'
171.52'
C2
12'40'14"
208.82'
46.18'
C3
2518'08"
182.22'
80.47'
1
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LEGEND
TEMPORARY
2428SQ. FT.,MOREORLESS NOSETCE)
AREA ,1
P.O.C. POINT OF COMMENCEMENT
T.P.O.B. TRUE POINT OF BEGINNING
REVISED BY: DATE:
DRAWN BY. KA DATE:6-01-15
CHECKED BY: MH DATE:8-11-16
APPROVED BY: DATE:
O
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Um
ANGLE POINT IN
THE RIGHT—OF—WAY
LINE PER R.S. 18/17
RIGHT—OF—WAY
PERR.R.SS.. 18/17
L14 ��S `\r T.P.O.B.
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DETAIL
NOT TO SCALE
SHEET 1 OF 1 SHEET
CITY OF PALM SPRINGSLr-
" 3%,ti1
1" = 200'
DOC. NO.
INDIAN CANYON DRIVE WIDENING
APN 669-080-002 DWG. NO.
BUREAU OF LAND MANAGEMENT
EXHIBIT "B"
P.O.C. \ I
TNT. OF THE CENTER LINE OF I
INDIAN CANYON DR. (INDIAN AVE.)
AND SOUTHERN PACIFIC RAILROAD
AS SHOWN ON ROS 18/2
N 1/2
5- 0, 2
MULTIPLY DISTANCE BY 1.00002570
TO OBTAIN GROUND DISTANCES
0 100 200 400 ro
1/2
22
Tr) rlf) 4r
, J 0 rig
APN 669-080-002
LINE TABLE
LINE
BEARING
LENGTH
Lt
S 0019'08" W
252.36'
L2
N 89'40'52" W
125.00'
L3
N 08'25'05" E
50.13'
L4
N 01'25'49" E
198.25'
L5
S 50'53'07" E
1 75.01'
CURVE TABLE
CURVE
I DELTA
I RADIUS
I LENGTH
-Cl
1 60'12'38"
1 163.22'
171.52'
®RIGHT-OF-WAY EASEMENT
AREA = 47,373 SQ. FT., MORE OR LESS
P.O.C. POINT OF COMMENCEMENT
T.P.O.B. TRUE POINT OF BEGINNING
j
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125'
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T.P.O.B. &
ANGLE POINT IN
THE RIGHT-OF-WAY
LINE PER R.S. 18/17
RIGHT-OF-WAY
PER R.S. 18/17
SHEET 1 OF 1 SHEET
REVISED BY:
DATE:
CITY OF PALM SPRINGS
SCALE = 200'
DRAWN BY: KA
DATE:6-01-15
INDIAN CANYON DRIVE WIDENING
APN 669-080-002
BUREAU OF LAND MANAGEMENT
DOC. N0.
CHECKED BY: MH
DATE:10-31-16
DWG. N0.
APPROVED BY:
DATE: