HomeMy WebLinkAbout18517 - RESOLUTIONS - 11/16/1994 RESOLUTION NO. 18517
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACCEPTING
AN INSTRUMENT OF RELEASE DATED OCTOBER 28, 1994, FROM THE UNITED
STATES OF AMERICA.
' WHEREAS the United States of America, acting by and through the General Services Administrator, has presented to the
City of Palm Springs an Instrument of Release (Exhibit I to this Resolution.) for lands hereinafter described, which said
release was requested by the City of Palm Springs; and
WHEREAS the staff has recommended to the City Council that the Instrument of Release he accepted by the City and
recorded,
NOW THEREFORE BE IT RESOLVED that the City Council does hereby accept the Instrument of Release presented by the
United States of America, which said Release does release the following described land, including buildings, structures and
improvements thereon, if any, from all the conditions, reservations and restrictions of the "Quit Claim Deed" dated
September 15, 1949:
A tract of land approximately 39.07 acres in size in Section 19, Township 4 South, Range 5 East, San
Bernardino Base and Meridian (SBB&M), being lots 19 and 20 and one-half of the adjacent unnumbered .
strips on the North and South, all of the "Palm Valley Colony Lands" as shown on a map recorded in
Book 14, Page 652 of Maps, Records of San Diego County, California; and,
A tract of land approximately 11 acres in size in Section 13, Township 4 South, Range 4 east, SBB&M,
being a portion of Lot 16 as shown on the "Palm Valley Colony Lands" map recorded in Book 14, page
652 of Maps, records of San Diego County, California, described as follows:
Beginning at the East 114 corner of said Section 13, being the Southeast Corner of
said Lot 16; thence North 0°10'10" East, along the Easterly line of said Section 13
and Lot 16, a distance of 758.99 feet to a point of intersection with the Easterly
extension of the Southerly line of Tract No. 14,573, according to map thereof
recorded in Book 109, Pages 97 and 98 of Maps, records of Riverside County,
California; thence North 89°48'01" W (Record per Tract No. 14,573 North
89°74'48"W), a distance of 668.41 feet to the West line of said Lot 16; thence
South 0',36 08'30" West, along said Westerly line, a distance of 761.16 feet to a
point on the East-West centerline of said Section 13, said point being the Southwest
corner of said Lot 16; thence South 89°59'29" East, along said East-West centerline,
a distance of 668.09 feet to the point of beginning.
BE IT FURTHER RESOLVED that the release of the hereinabove described property from all the conditions,reservations and
restrictions of the referred to quit claim deed is granted subject to the five (5) enumerated conditions in the subject release,
which are hereby accepted by the City Council of the City of Palm Springs, California.
BE IT FURTHER RESOLVED that the City Clerk is authorized to record said Instrument of Release and this Resolution and
forward a copy of the recorded instruments to the Federal Aviation Administration.
ADOPTED this 16th day of November 1994.
AYES: Members Hodges, K ein iens , Lyons, Reller—Spurgin and Mayor Maryanov
NOES: None
ABSENT: None
ATTEST: CITY SPRINGS, IF IA
ity Clerk ... Ma ger
REVIEWED & APPROVED AS TO FORM �'"
,-� I Pf
EXHIBIT I TO RESOLUTION # 18517
1NS'IRUMEi T OF RELEASE
WHEREAS, the UNITED STATES OF AMERICA,acting by and through the General Services
Administrator, under and pursuant to die powers and authority contained in the Federal Property and '
Administrative Service Act of 1949(63 Slat. 377),and the Surplus Property Act of 1944(58 Slat, 765)as
amended,by instrument entitled"Quitclaim Deed"and dated September 15, 1949 did remise,release and
forever quitclaim to the city of Palm Springs, California, its successors and assigns,all right,title and
interest of the United States of America in and to certain property known as Palm Springs Regional
Airport, subject to certain conditions„reservations, exceptions and restrictions;and,
WHEREAS, the city of Palm Springs has requested the United States of America to grant waivers
from all of the terms contained in the deed of conveyance dated September 15, 1949, for two parcels of
land. The waivers for these two parcels shall apply only to approximately 11 acres of lot 16 of Section 13
and approximately 39.07 acres of lots 19 and 20 of Section 19,used by the city oil Palm Springs,
California for general governmental purposes; and,
WHEREAS,the Secretary of Transportation has been given specific authority pursuant to Section
514 of the Federal Aviation Administration Authorization Act of 1994, notwithstanding Section 47153 of
title 49, United States code,to grant waivers on the live parcels of land.
NOW,THEREFORE, in consideration of lie benefits to accrue to lie United States of America
and to civil aviation, the United States, acting by and through the Administrator orthe Federal Aviation
Administration under and pursuant to the powers and authority contained in Public Law 311 (63 Stat.
700), as amended,and applicable public laws, regulations and orders, hereby releases the following
described land, including the buildings, structures and improvements thereon, if any,from all of the
conditions,reservations and restrictions of the"Quitclaim deed"dated September 15, 1949, herein above
referred to:
A tract of land approximately 39.07 acres in size in Section 19, township 4 South,Range 5 Last,
San Bernardino Base and Meridian(SBB&M),being lots 19 and 20 and one-half of the adjacent
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Page 2
unnumbered strips on the North and South,all of the"Palm Valley Colony Lands"as shown on a map
recorded in Book 14,Page 652 of Maps,Records of San Diego County, California;and,
A tract of land approximately 11 acres in size in Section 13,Township 4 South,Range 4 East,
' SBB&M,being a portion of Lot 16 as shown on the"Palm Valley Colony Lands" map recorded in Book
14,page 652 of Maps,Records of San Diego County,California,described as follows:
Beginning at the East 1/4 corner of said Section 13,being the Southeast Comer of
said Lot 16; thence North 0° 10' 10"East, along the Easterly line of said Section 13
and Lot 16,a distance of 758.99 feet to a point of intersection with the Easterly
extension of the Southerly line of Tract No. 14,573,according to map thereof
recorded in Book 109,Pages 97 and 98 of Maps,Records of Riverside County,
California; thence North 89'48'01" W(Record per Tract No. 14,573 North 89'47'
48" W),a distance of 668.41 feet to the West line of said Lot 16;thence South 0°
08' 30" West, along said Westerly line,a distance of 761.16 feet to a point on the
East-west centerline of said Section 13, said point being the Southwest comer of
said Lot 16; thence South 89'59'29"East,along said East-West center line,a
distance of 668.09 feet to the point of beginning.
' The release of die above two tracts from all the conditions, reservations and restrictions of said
"Quitclaims Deed" is granted subject to the following conditions:
(1) That the city of Palm Springs, California(Grantee), reserves unto itself,its successors and assigns,
for the use and benefit of the public a right of flight for the passage of aircraft in the airspace above the
surface of the real property hereinafter described,together with the right to cause in said airspace such
noise as may be inherent in the operation of aircraft,now known or hereafter used, for navigation of or
flight in fha.said airspace, and for use of said airspace for landing on,taking off from or operating on
Palm Springs Regional Airport.
(2) That the Grantee expressly agrees for itself,its successors and assigns to restrict the height of
structures,objects of natural growth and other obstructions of the hereinafter described real property to a
height of not more than 530 feet above sea level. z
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(3) That the Grantee expressly agrees for itself, its successors and assigns to prevent any use of the
hereinafter described real property which would interfere with landing or taking off of aircraft at the Palm
Springs Regional Airport,or otherwise constitute an airport hazard.
(4) The Secretary shall waive any requirement that there be credited to the account of the airport ally '
amount attributable to the city's use for governmental purposes of any land conve:;yed under the deed of
conveyance referred to above,before August 23, 1994, the date of the enactment of the Federal Aviation
Administration Authorization Act of 1994..
(5)The city shall abandon all claims,against income of the Palm Springs Regional Airport or other assets
of that airport, for reimbursement of general revenue funds that the city may have:expended before August
23, 1994,for acquisition of 523.39 acres of land conveyed August 28, 1961,for airport purposes and for
expenses incurred at any time in connection Nvith such acquisition,and such claims shall not be eligible
for reimbursement under the Airport and Airway Improvement Act or any successor law.
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IN WITNESS WHEREOF,the UNITED STATES OF AMERICA has caused this Instrument to
be executed as of the ZS day of O F o '�s. , 19 9.4-
1 THE UNITED STATES OF AMERICA
The Administrator of the Federal Aviation Administration
By
Acting Manager,Airports Division,Western-Pacific Region
STATE OF CALIFORNIA )
) ss
On thus 28th day of October 1994 before me the undersigned a
Notary Public in and for the county of Los Angeles, State of California,personally appeared
FObert C. B100m known to me to be the Acting Manager,Airports Division,Western-
Pacific Region,Federal Aviation Administration,and known to me to be the person whose name is
subscribed to the within Instrument and acknowledge that he executed the same on behalf of the
Administrator of the Federal Aviation Administration and the urated Stat a 'ca.
WITNESS my hand and o cial se �
Notary Public in and for the Co ty'
of Los Angeles, State of Cali rni
My Commission Expires: T S A OFFICIAL SEAL
Ftobina Johnston
G NOTARY PUBLIC CALIPORNIA
6/16/95 0 LOS ANGELES COUNTY
o IAy Comm.Expres June 16.1995