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Home My WebLink About11/15/2000 - STAFF REPORTS (6) DATE: November 15, 2000 TO: City Council FROM: City Engineer ACCEPTANCE OF RIGHT-OF-WAY DEDICATION; FILE R-00-028 RECOMMENDATION: That the City Council accept right-of-way being dedicated from the Agua Caliente Band of Cahuilla Indians for public street right-of-way for West Mesquite Avenue in Section 22, Township 4 South, Range 4 East; File R-00-028. BACKGROUND: The Agua Caliente Band of Cahuilla Indians is nearing completion of the construction of its Visitors Center near Tahquitz Canyon. Public access to the Visitors Center is from Mesquite Avenue, west of South Palm Canyon Drive. As part of the development process for its Visitors Center, the Agua Caliente Band of Cahuilla Indians had prepared a street improvement plan for extension of Mesquite Avenue to its property. However,the City lacked a portion of the right-of-way required for Mesquite Avenue in this area. In order to facilitate construction of Mesquite Avenue, the Agua Caliente Band of Cahuilla Indians acquired the property needed for Mesquite Avenue from the adjacent land owner, and is granting the right-of-way to the City. This item is being forwarded for Council consideration, as the right-of-way dedication is not officially required of any building or other process approval associated with the Visitors Center. The Council, pursuant to Resolution 17047, adopted March 21, 1990, directs staff to present acquisitions of real property to the Council when the acquisition is not required by building or other process approval. DAVID J. BARAKIAN City Engineer APPROV-D City Manager ATTACHMENTS: 1. Minute Order 2. Grant of Right-of-Way Recording Requested by and After Recording Return to: City Clerk City of Palm Springs Box 2743 Palm Shrines.CA 92263 (FOR RECORDERS USE ON File No.R-00-028 NO DOCUMENTARY STAMPS NEEDED GRANT OF RIGHT-OF-WAY For a valuable consideration, receipt of which is hereby acknowledged, the Agua Caliente Band of Cahuilla Indians, GRANTOR, hereby grants to the City of Palm Springs, a Municipal Corporation, GRANTEE, a right- of-way for streets, highways,underground sewers,public utility installations and other appurtenant uses, together with the right to construct, maintain, repair, operate, use, dedicate or declare the same for public use, in, on, under, over and across the real property in the City of Palm Springs, County of Riverside, State of California, described as follows: Being over the land described in Exhibit "A" and shown on Exhibit "B" attached hereto and made a part hereof. Agua Caliente Band of Cahuilla Indians By A L - Tho s J. Davis, Tribal Planning Director, pursuant to tW authority granted to him by Tribal Council Resolution No. 45-00, approved August 30, 2000 8h 2 EXHIBIT A- ALL THAT PORTION OF LOT 30 AS SHOWN BY SUPPLEMENTAL PLAT OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN AS ACCEPTED BY THE BUREAU OF LAND MANAGEMENT OCTOBER 6, 1961, BEING A PORTION OF THE NORTHWEST ONE QUARTER OF THE SOUTHEAST ONE QUARTER OF SAID SECTION 22, DESCRIBED AS FOLLOWS BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 30, THENCE NORTH 890-43' -08" WEST ALONG THE NORTH LINE OF SAID LOT 30 A DISTANCE OF 329 . 02 FEET; THENCE SOUTH 000-23' -30" WEST AND PARALLEL TO THE EAST LINE OF SAID LOT 30, A DISTANCE OF 30 . 00 FEET; THENCE SOUTH 890-43' -08" EAST AND PARALLEL TO THE NORTH LINE OF SAID LOT 30 A DISTANCE OF 329. 02 FEET TO THE EAST LINE OF SAID LOT 30; THENCE NORTH 000-23' -30" EAST ALONG THE EAST LINE OF SAID LOT 30 A DISTANCE OF 30 . 00 FEET TO THE POINT OF BEGINNING. PREPARED BY E 5ANBORN A/E, INC. 4 SAN@o� o � a NOASM46 BY6,3p9fU`f JO SANBORN PLS 4146 �� 3 . LINE DATA Q BEARING I DISTANCE Q N 00°23'3VE 1 30.00 a NN� N ALLOTMENT 6 - - _ _ - - - - - -N B9043'08"W 556. 18 - - - - - - - - - - - - - - - - - - - 987.42 N 89°43'08"w CITY RIGHT A WAY O 329.02 O 1 NB9°43'OB"W 329.02 - - - - - - - - - - - - - - - - LOT 30 LOT 28 CENTER OF. SECTION 22 --. T4S, R4E LAND Ve �y 1 LS4146 - �.G•30-BDG'� C C!' CALF RIGHT A WAY PLAT CITY OF PALM SPRINGS 4146 LEGAL DESCRIPTION 4JON4L .aSANBORN P . L . S . A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 4 EAST. SAN BERNARDINO D . G . H . 1 "=100 ' MERIDIAN. KNOWN AS LOT 30 AS SHOWN BY SUPPLEMENTAL PLAT OF SAID SECTION ACCEPTED BY BUREAU OF LAND MANAGEMENT 10/6/1951 J . L . S . 1 OF 1 98-15, ALL-PURPOSE ACKNOWLEDGMENT State of l��-I'(/b�J/ /� CAPACTTY CLAIMED BY SIGNER County of ,`I l%C��' �CGIC ❑ INDIVIDUAL(S) I--] CORPORATE On G U/Z[y/O U before me, ��/�-I�I J� nlIEU 1 o( OFFICER(S) Date I Na e, Title of Officer TITLE(S) personally appeared T h orri W3 J rho I `> ❑ PARTNER(S) NAME(S) OF SIGNER(S) ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) personally known to me-OR- ❑proved to me on the basis of satisfactory ❑ SUBSCRIBING WITNESS evidence to be the persons(s)whose name(s) is/are ❑ GUARDIAN/CONSERVATOR subscribed to the within instrument and ❑ OTHER acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and t by his/her/their signature(s) on the instrument MARIA C.MEDINA t person(s) or the entity upon behalf of which the SIGNER IS REPRESENTING: ;j Commission# 1161326 p rsons(s) acted, executed the instrument. NofaryPublia-California Riverside County Witness my hand and official seal. z — �x-. = My CommFxpies Nov 70,2001 _ - +,3vcrc,R-o�.its,w�, Signature of Notary ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. - - THIS CERTIFICATE Title or Type of Document Q�jj c-r or- MUST BE ATTACHED TO THE DOCUMENT Number of Pages DATE of DOCUMENT /0L U! /CO DESCRIBED AT RIGHT: Signer(s)Other Than Named Above QV 0h� Resolution No 45-00. / /' lJ ---� m H WHEREAS, the Agua Caliente Band of Cahuilla Indians (the "Tribe') is a aQ federally-recognized Indian Tribe goveming itself according to a O Constitution and By-Laws and exercising sovereign authority over the lands of the Agua Caliente Indian Reservation; and WHEREAS the Tribe wishes to provide the City of Palm Springs additional right-of-way for the development of West Mesquite Avenue; and, WHEREAS, the subject right-of-way and street improvements benefit allotted Trust and Tribal Trust property; NOW THEREFORE BE IT RESOLVED by the Tribal Council of the Agua Caliente Band of Cahuilla Indians that: Tribal Planning Director, Thomas J. Davis, is authorized and directed to execute whatever documents are necessary to accomplish the Tribe's goal of conveying the parcel to the City of Palm Springs for public right-or-way purposes. DATED: August 3 Richard M. Milanovich, Chairman Certification I, the undersigned, the Secretary of the Agua Caliente Band of Cahuilla Indians, hereby certify that the Tribal Council is composed of five members of whom 5, were present at a meeting held this 30th day of August, 2000; that the foregoing resolution was approved by consensus at such meeting, subject to being ratified at the September 51h duly called and noticed meeting and that said resolution has not been rescinded or amended in any way. Marcus s JPete, Secretary/Treasurer 600 EAST TAHQUITZ CANYON WAY • PALM SPRINGS, CALIfORNIA 92262 • TEL (760) 395-3400 0 FAX (760) 325-0593 MINUTE ORDER NO. ACCEPTING RIGHT-OF-WAY BEING DEDICATED FROM THE AGUA CALIENTE BAND OF CAHUILLA INDIANS FOR PUBLIC STREET RIGHT-OF-WAY FOR WEST MESQUITE AVENUE IN SECTION 22, T. 4 S., R. 4 E.; FILE R-00-028 I HEREBY CERTIFY that this Minute Order accepting right-of-way being dedicated from the Agua Caliente Band of Cahuilla Indians for public street right-of-way for West Mesquite Avenue in Section 22, T. 4 S., R. 4 E., File R-00-028, was adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 15' day of November, 2000. PATRICIA A. SANDERS City Clerk