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HomeMy WebLinkAbout2024-0130897 - GRANT OF RIGHT AWAYPLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: AND MAIL TAX STATEMENTS TO: CITY OF PALM SPRINGS ATTN: City Clerk 3200 Tahquitz Canyon Way Palm Springs, CA 92262 2024-0130897 05/06/2024 11:52 AM Fee: $ 0.00 Page 1 of 14 Recorded in Official Records County of Riverside Peter Aldana Assessor —County Clerk —Recorder 1111'�, ikl�� (FOR RECORDERS USE ONLYI in Pursuant to Government Code Section 6103, this document is being recorded as a benefit to the City of Palm Springs andrecording fees shall not apply. Grant of Right -of Way from the U. S. Dept.of Interior -Bureau of Indian'Affairs ROW No. 357-757 Title of Document TRA: 011-052 DTT: $0 Pursuant to Senate Bill 2 — Building Homes and Jobs Act (GC Code Section 27388.1), effective January 1, 2018, a fee of seventy-five dollars ($75.00) shall be paid at the time of recording of every real estate instrument, paper, or notice required or permitted by law to be recorded, except those expressly exempted from payment of recording fees, per each single transaction per parcel of real property. The fee imposed by this section shall not exceed two hundred twenty-five dollars ($225.00). ElThis document is a transfer that is subject to the imposition of documentary transfer tax. This is a document recorded in connection with a transfer that is subject to the imposition Elof documentary transfer tax. Document reference: ❑ This document is a transfer of real property that is a residential dwelling to an owner - occupier. ❑ This is a document recorded in connection with a transfer of real property that is a residential dwelling to an owner -occupier. Document reference: THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) ACR 238 (Rev. 1/2022) Available in Alternale Formats Recording Requested By: When Recorded, Mail To: ACK-A 1 TR9 RECEIVED APR 10 2024 AM09:233 UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS PALM SPRINGS AGENCY TRACT No. T80B SECTION: 14 T4S, R4E RIW FILE No. 375-757 TAAMS ID No. 4200440042 GRANT OF RIGHT-OF-WAY The United States of America, acting by and through the Bureau of Indian Affairs, Department of the Interior, Palm Springs Agency, P.O. Box 2245, Palm Springs, California 92263 ("BIA" or "GRANTOR"), for, and on behalf of, and with the consent of the AGUA CALIENTE BAND OF 01 CAHUILLA INDIANS OF THE AGUA CALIENTE INDIANS RESERVATION, OD CALIFORNIA, a federally recognized Indian Tribe ("TRIBE"), consistent with and under the authority contained and under the Act of February 5, 1948 (62 Stat. 17; 25 USC §§ 323-328); and Part 169, Title 25, Code of Federal Regulations, which by reference are made a part hereof, does hereby grant to: CITY OF PALM SPRINGS, a municipal corporation, located at 3200 E. TahQuitZ N Canyon Way, Palm Springs, California 92262 ("GRANTEE") the following right-of-way, as that co term is defined in 25 CFR 169.2. u1 1. GRANT. N A GRANTOR does hereby grant to GRANTEE, a non-exclusive right-of-way easement in, on, over, upon, across, under, and through that certain portion of GRANTOR's real property Page 1 of 9 situated within the Agua Caliente Indian Reservation including the right of ingress and egress for the construction, use, reconstruction, replacement, operation, maintenance, repair, enlargement, survey, sample, removal, improvement, and relocation of a public road with public utilities together with the right to perform such excavation, grading, and general earth disturbing activities necessary or incidental thereto, and together with all rights, members, and appurtenances 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 in Exhibit A and depicted in Exhibit 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") and expire on the fiftieth (50th) anniversary of the date of said approval (the "Initial Term"), subject to earlier termination or cancellation as set forth herein. Provided this grant is in full force and effect and in the absence of a Termination Event (defined below), the Initial Term shall automatically renew for additional successive ten (10) year extension terms (each an "Extension Term" and collectively with the Initial Term the "Term") with the first Extension Term commencing on the fiftieth (50th) anniversary of the Effective Date and each successive Extension Term commencing on the tenth (loth) anniversary of the preceding Extension Term. Each Extension Term shall be on the same terms and conditions set forth in this grant, and there shall be no limit on the number of successive Extension Terms until such time that either TRIBE or GRANTEE elect not to renew this grant for another successive Extension Term as provided for in Section 16 below. b. Notwithstanding the foregoing, TRIBE may terminate this grantors 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 C" applicable governing laws and/or regulations as set forth in Section 19 below, 00 and GRANTEE's failure to cure the violation within thirty (30) calendar days -P� of the date of written notice of said violation. ii. GRANTEE's abandonment or non-use of the Easement Area for any - N consecutive two-year period (for the purpose for which it was granted). CO iii. GRANTEE's failure to comply with any conditions or restrictions set out in the L" Tribal Consent Letter, dated March 6, 2024. —G N Page 2 of 9 TRIBE'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. c. 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 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 (i.e., for non- payment violations) or fails to provide proof of payment (i.e., for payment violations) (25 CFR 169.405). 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. RESERVATION OF JURISDICTION (25 CFR 169.10,169.125). Even though TRIBE has 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. TRIBE maintains its existing jurisdiction over the Easement Area, activities, and persons within the Easement Area and this grant does not diminish to any extent: (a) TRIBE's jurisdiction over the Easement Area,, and any person or activity within the Easement Area; (b) the power of TRIBE to tax the Easement Area, any improvements within the Easement Area, or any person or activity within the Easement Area; (c) TRIBE's authority to enforce Tribal law of general or particular application within the Easement Area, as if there were no grant; (d) TRIBE's inherent sovereign power to exercise civil jurisdiction over non- members on Indian lands; or (e) the character of the Easement Area as Indian country under 18 U.S.C. � 1151. 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). 01 a. TRIBE has the right to reasonable access to the Easement Area to determine cc 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, Na including but not limited to, timber, forage, mineral, and animal resources, unless eo otherwise provided for in this grant; mC N Page 3 of 9 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 shall: i. Construct and maintain the Permanent Improvements (defined below) within the Easement Area in a professional manner consistent with industry standards; ii. Pay promptly all damages and compensation determined by BIA to be due to TRIBE and authorized users and occupants of the Easement Area as a result of the grading, construction, and maintenance of the Easement Area; iii. Perform grading, construction, and maintenance of the Easement Area in a manner that does not damage TRIBE's property; 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 was granted, or reclaim the Easement Area if agreed to by TRIBE; 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 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 the Permanent Improvements consistent with this grant; ix. Except as provided in Section 9 below, restore the Easement Area to as closely as possible to its original condition, to the maximum extent reasonably possible, upon the termination/cancellation of this grant, or reclaim the Easement Area if agreed to by TRIBE; X. At all times keep BIA and TRIBE informed of the GRANTEE's address; xi. Refrain from interfering with TRIBE's use of the Easement Area, provided that TRIBE's use of the Easement Area is not inconsistent with this grant; Page 4 of 9 Lys 00 xii. Notify BIA and TRIBE if GRANTEE files for bankruptcy or is placed in receivership. 7. INDEMNIFICATION, HOLD HARMLESS (25 CFR 169.125). To the fullest extent permitted by law, GRANTEE shall indemnify and hold harmless the United States, the TRIBE, and their respective officials, directors, officers, employees, and agents from and against all liabilities regardless of nature, type, or -cause, arising out of or resulting from or in connection with GRANTEE's use or occupation of the Easement Area described and/or depicted herein and. GRANTEE's use, handling, treatment, removal, storage, transportation, or disposal of hazardous materials, or release or discharge of any hazardous material from the Easement Area that occurs during the term of this grant. Liabilities subject to the duties to indemnify and hold harmless include, without limitation, all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorney's fees; court costs; and costs of alternative dispute resolution. 8. ENCROACHMENT (25 CFR 169.128). GRANTEE may not unreasonably withhold its consent for a new right-of-way within the Easement Area that does not interfere with the use or purpose of its right-of-way easement. 9. PERMANENT IMPROVEMENTS (25 CFR 169.130). a. GRANTEE shall be the owner of any permanent improvements GRANTEE installs, places, constructs, or accepts 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)(ix), upon the expiration or earlier termination/cancellation of this grant, all Permanent Improvements shall become the sole property of TRIBE; provided, however, TRIBE and GRANTEE may enter into a utility operation and maintenance agreement (the "Operations Agreement") prior to the expiration or earlier termination/cancellation of this grant that, among other things: Cif (i) requires that GRANTEE provide certain operation and maintenance services OD identified in the Operations Agreement related to the Permanent Improvements (the 4%- "Services") in accordance with applicable federal, State, and Tribal laws; (ii) establishes a definite, and not an indefinite, term for GRANTEE's provision of the Services; (iii) provides reasonable compensation for GRANTEE's provision of the N Services; (iv) grants GRANTEE a temporary revocable license to enter into the location c® of the Permanent Improvements to provide the Services during the term of the =1 Operations Agreement; and (v) becomes effective no sooner than the expiration or —< earlier termination/cancellation of this grant. Nothing set forth herein shall obligate GRANTOR, GRANTEE, or TRIBE to enter into the Operations Agreement or be Page 5 of 9 construed to grant GRANTEE an ownership interest in the Permanent Improvements upon the expiration or earlier termination/cancellation of this grant. b. If, prior to or after the expiration or termination/cancellation of this grant, GRANTEE decides to remove the Permanent Improvements, GRANTEE shall restore the Easement Area to as closely as reasonably possible to its condition prior to construction of the Permanent Improvements. GRANTEE shall provide TRIBE and BIA notice of any removal within one (1) month of removal. The Permanent Improvements shall remain the property of GRANTEE upon their removal from the Easement Area. c. Not less than two (2) years prior to the expiration of this grant or more than three (3) months after the effective date of the termination/cancellation of the same, GRANTEE, at GRANTEE's expense, shall retain the services of a qualified engineer/contractor approved by TRIBE to inspect the Permanent Improvements subject to this grant. As part of the services, the qualified engineer/contractor shall prepare a report that evaluates the following with respect to the Permanent Improvements: (i) the compliance with existing regulatory requirements; (ii) the adequacy of current maintenance, rehabilitation, and replacement plans as they relate to the Permanent Improvements; (iii) the location of any defect that may cause deficiencies in the Permanent Improvements; and (iv) any other issue that TRIBE and GRANTEE wish to include in the engineer/contractor's report (the "Material Deficiency Report"). Upon completion of the Material Deficiency Report, GRANTEE shall provide TRIBE and BIA a copy of the Report and meet and confer with TRIBE and BIA to discuss any material deficiencies identified therein. For purposes of this grant, a "material deficiency" means a specific issue with the Permanent Improvements that: (i) is reasonably likely to result in damage to or impair the use of adjacent property, buildings, or structures; (ii) is reasonably likely to impair GRANTEE's ability to use the Permanent Improvements for its intended purpose; or (iii) poses an unreasonable risk to the health and safety of individuals. d. If, prior to or after the expiration or termination/cancellation of this grant, GRANTEE decides to take the Permanent Improvements out of service and abandon in place and the Permanent Improvements are in a condition satisfactory to TRIBE, the Permanent Lin Improvements shall become the property of TRIBE upon TRIBE's formal written OD acceptance. If the Permanent Improvements are not in a condition satisfactory to TRIBE due to a material deficiency identified in the Material Deficiency Report prepared pursuant to subsection (c) above and GRANTEE fails or is unable to correct N-1 the material deficiency, GRANTEE shall within six (6) months of the date of written CO notice from TRIBE (i) remove the Permanent Improvements at GRANTEE's expense, Lrl and (ii) restore the Easement Area to as closely as reasonably possible to its condition -< prior to construction of the Permanent Improvements. The Permanent Improvements shall remain the.property of the GRANTEE upon their removal from the Easement Area. If the Permanent Improvements are not removed within the time frame specified Page 6 of 9 herein, Tribe may;take possession of and title to the Permanent Improvements resulting in the Permanent Improvements becoming the property of TRIBE. e. GRANTEE shall provide TRIBE and BIA one (1) year prior written notice of GRANTEE's intention to take the Permanent Improvements out of service and abandon in place if GRANTEE decides to abandon said Improvements prior to the expiration of this grant. Within six (6) months of the effective date of any termination/cancellation of this grant, GRANTEE shall provide TRIBE and BIA written notice of GRANTEE's intention to take the Permanent Improvements out of service and abandon in place. 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. If construction of the Permanent Improvements does not occur, or is not expected to be completed within the time period specified herein, GRANTEE shall provide TRIBE 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 GRANTEEto 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). Notwithstanding 25 CFR 169.127(b)(1), GRANTEE may assign this grant to any third party public utility without the consent of TRIBE or BIA approval pursuant to 25 CFR 169.207(a) and (b). For purposes of this grant, the term "third party public utility" means every individual, company, corporation, association of persons, broker, marketer, lessee, or receiver that is not GRANTEE and that now or hereafter is in control, manages, or operates a business of (iy transmitting to, from, across, or within the Agua Caliente Indian Reservation telegraphic messages; (ii) transmitting to, from, across, or within the Agua Caliente Indian Reservation telephonic messages; (iii) transporting or distributing to, from, across, or within the Agua Caliente Indian Reservation natural gas, oil, or other commodities in pipes or pipelines, or engaging primarily in the business of storing natural gas in an cid underground formation on the Agua Caliente Indian Reservation; (iv) generating, conducting, 00 or distributing to, from, across, or within the Agua Caliente Indian Reservation electric power; or (v) transmitting to, from, across, or within the Agua Caliente Indian Reservation water, storm water, or wastewater. N 13. MORTGAGE (25 CFR 169.210). This grant may not be mortgaged without the consent of TRIBE and BIA approval. 14. EFFECTIVE DATE (25 CFR 169.301). This grant will be effective on the date it is approved N by BIA. Page 7 of 9 15. NEGOTIATED REMEDY (25 CFR 169.403). As a negotiated remedy, TRIBE shall have the right to terminate this grant during the Term for any Termination Event as set forth in Section 2 above, and in accordance with 25 CFR 169.403. 16. NOTICE OF NON -RENEWAL. Either TRIBE or GRANTEE may exercise an option prior to the end of an Extension Term not to renew this grant and to allow for its natural expiration at the end of the then existing Extension Term. If either TRIBE or GRANTEE desire in any year during an Extension Term not to renew this grant, that party shall serve written notice of non -renewal of the grant upon the other party and BIA at least one (1) year prior to the expiration of the then existing Extension Term. Unless such written notice is served at least one (1) year prior to the expiration date of the then existing Extension Term, this grant shall be considered renewed for an additional Extension Term as set forth in Section 2 above. If either party serves notice of intent in any year during an Extension Term not to renew this grant, the grant shall remain in effect for the balance of the period remaining on the then existing Extension Term. 17. 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. 18. 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 TRIBE, GRANTOR, or GRANTEE set forth in Section 7 and Section 9, or any and all rights and obligations of TRIBE, GRANTOR, or GRANTEE 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. 19. 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. 20. ADDITIONAL CONDITIONS OR RESTRICTIONS. This grant incorporates by reference the conditions or restrictions set out in the TRIBE's consent. CM co Page 8 of 9 IN WITNESS WHEREOF, GRANTOR has executed this grant of easement on this 8TH day of April, 2024. UNITED STATES OF AMERICA The Secretary of the Interior 011ie Beyal, Supe ' endent 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 Page 9 of 9 U7 tb 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 April S, 2024 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. ,{ter; I _ /1 DEBRAA. WIYFIEL: �1/G YIYI" (/t (Seal) /VirMy Notary Pub1k - Ca forva ',' Signature of Notary Publi CRiversommission # 2471135 Comm. Expires Dec 10. 2027 ioe County EXHIBIT "A" LEGAL DESCRIPTION THAT PORTION OF ALLOTMENT T80B IN. SECTION 14, TOWNSHIP 4 'SOUTH, RANGE 4 EAST, SAN BERNARDINO MERIDIAN, IN THE CITY OF PALM SPRINGS, COUNTY -_OF• RIVERSIDE, STATE OF. CALIFORNIA, -DESCRIBED 'AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF AMADO ROAD AND HERMOSA DRIVE AS SHOWN IN RECORD OF SURVEY FILED IN BOOK 142 OF RECORD OF SURVEYS, AT PAGE 27, RECORDS OF SAID COUNTY, SAID POINT .IS MONUMENTED BY A ONE INCH IRON PIPE WITH THE TAG "LS 8508" DOWN 0.7 FEET IN A MONUMENT WELL; THENCE ALONG THE CENTERLINE OF SAID HERMOSA DRIVE, SOUTH 00'01'59H EAST, 59.96 FEET; THENCE PERPENDICULAR, SOUTH 89'58'01 a WEST, 30.00 FEET TO A POINT ON THE WESTERLY LINE OF THE RIGHT OF WAY GRANTED TO THE CITY OF PALM SPRINGS, APPROVED SEPTEMBER 24, 1973, PURSUANT TO THE ACT OF FEBRUARY 05, 1948 (62 SAT. 17), DOCUMENT 37500472PS, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 00'01'59" WEST, 19.98. FEET ALONG THE WESTERLY LINE OF SAID DOCUMENT 37500472PS TO ITS INTERSECTION WITH THE SOUTHERLY LINE OF SAID RIGHT OF WAY GRANTED TO THE CITY OF PALM SPRINGS. APPROVED JANUARY 6, 1969, PURSUANT TO THE ACT OF FEBRUARY 05, 1948 (62 STAT. 17), DOCUMENT NUMBER 375003973PS, THENCE NORTH 89'59'010 WEST ALONG THE SOUTHERLY LINE OF SAID DOCUMENT NUMBER 375003973PS, 19.98 FEET TO -THE CUSP OF A TANGENT CURVE CONCAVE TO THE SOUTHWEST HAVING A` RADIUS OF 20.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 89'57'02 , AN ARC LENGTH OF 31.40 FEET TO THE POINT -OF BEGINNING. CONTAINS 85.67 SQUARE FEET, MORE OR LESS. 9!� P)r&� "I3 6 20 0 DAWD HACKER PLS. 5128 EX . 61JO125 No. 5128 AHEITECI www haltaolno.com Suite 309 777 Fast Tahquit= Canyon Way Palm Spdng%California 92262 C O N S U L T I N G Phone; 760.340.9060 LEGAL DESCRIPTION SEE EXHIBIT "B" FOR MAPPING D.H. �► D.H. I Ilm2/O6/24 1 aeTla 1 OF 1 EXHIBIT "B" MAP EXHIBIT ERSEC77ON OF AMADO ROAD ?MOSA DRIVE. 10 IRON PIPE TAG 'LS 85080 DOWN 0.7 FEET IN A MONUMENT WELL SCALE: 1'=10' TPOB SEE EXHIBIT "Alt ON." ►► "so SEE DETAIL AT LEFT FOR RIGHT-OF-WAY DEDICATION �6� �Soo �1 0 0 �5 cJ 30 RIGHT OF WAY GRANTED TO THE CITY OF PALM SPRINGS; APPROVED JANUARY 6, 1969, PURSUANT 10 THE ACT OF FEBRUARY 05, 1948 (62 STAL17). DOCUMENT NUMBER' 37500397PS 0 RIGHT OF WAY GRANTED TO 7HE CITY OF PAIN SPRINGS, APPROVED SEPIE618ER 24, 1973, PURSUANT TO THE ACT OF FEBRLWRY A 1948 (62 STAT.17). DOCUMENT NUMBER 37500472PS. J.R. ME' 1"=100' ""�230201 D.N. DM2/06/24 IWIL 1 OF U� 24��FORN� CITY OF PALM SPRINGS OFFICE OF THE CITY CLERK 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 (760)323-8204 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by GRANT OF RIGHT OF WAY Land described in Exhibit "A" and shown on Exhibit "B" Dated: May 2, 2024 from, United States Department of the Interior, Bureau of Indian Affairs Palm Springs Agency Grantor, to the City of Palm Springs, a municipal corporation and charter city, Grantee, is hereby accepted by the City Clerk of said City of Palm Springs, on this 2nd day of May, 2024, pursuant to authority granted by the City Council of said City, by Resolution No. 20255 made on the 16th day of January, 2002, and the Grantee consents to recordation thereof by the City Clerk, its duly authorized officer. Dated at Palm Springs, California, this 2"d day of May, 2024. x3n*Y - BRENT RASI, DEPUTY CITY CLERK