HomeMy WebLinkAbout5/16/2001 - STAFF REPORTS (10) DATE: May 16, 2001
TO: City Council
FROM: Assistant City Manager-Special Projects
FARRELL DRIVE RELOCATION - REMAINDER PARCELS ACQUISITION
RECOMMENDATION:
It is recommended that City Council authorize the acquisition of remainder Parcels 1,
2, 3 & 5 as depicted on the attached drawing for a total price of $115,000, plus
attorney and realty fees and authorize the City Manager to execute all necessary
documents.
SUMMARY:
The acquisition of these four (4) remainder parcels will complete all necessary
acquisitions for the relocation of Farrell Drive.
BACKGROUND:
The relocation of Farrell Drive related to the extension of the Airport's main runway
was completed more than a year ago. In attempting to vacate the old Right-Of-Way,
it was discovered that four (4) small remainder strips of Right-of-Way were not
acquired as part of the originally negotiated land acquisition/exchange with tribal
allottees. To complete the relocation project, these small parcels needed to be
acquired.
The original appraiser was asked to update the appraisal numbers so that the
acquisition could occur. With a date of August 2000, the parcels were valued as
follows:
Parcel Sq.Ft. Value/Sq.Ft. Airport 2000 Value (Rounded)
1 (North) 7,425 x 4.25 = $32,000
1 (South) 14,877 x 2.75 = 41,000
2 3,703 x 3.25 = 12,000
3 3,964 x 3.25 = 13,000
5 3,354 x 3.25 = 11,000
TOTAL 109 000
The allottee has asked for $125,000, plus $3,000 in legal fees. A final price was
settled on at $115,000 (represents a 5% value increase to bring appraisal current)
plus $3000 attorney fees. The BIA will draw up the necessary deed.
1 A
May 16, 2001
Farrell Drive Relocation-Remainder Parcels Acquisition
Page 2
The attached Resolution would authorize the payments as follows:
To BIA for Allottee $115,000.00
To Best, Best & Krieger
(Allottee Legal) $ 3,000.00
To Ernie Noia
(Airport Realtor) $ 5,572.50
Further, the Resolution would authorize the City Manager to execute all
documentation necessary to complete the transaction on behalf of the City.
Funding for this action comes from an FAA grant (90%) and Airport Funds (10%)
Runway Extension Account 415-6600-56017.
ALLEN F. SMOOT, AAE
Assistant City Manager-Special Projects
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APPROVE �r _
City Manager
Attachments:
1. Resolution REVIEWED BY DEn OF FINANCE
2. Map
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T4e'o*i' S
ACKNOWLEDGEMENT OF RECEIPT OF NOTICE
THE CITY OF PALM SPRINGS, as Grantee of the Grant of Easement
more specifically described in the Notice and Termination, hereby acknowledges
receipt of said Notice and Termination. The City of Palm Springs agrees to
waive the thirty (30) day notice provision (25 C.F.R. § 169.20) in the Grant of
Easement and agrees to make the Notice and Mutual Termination effective upon
recording of said notice by Grantor.
Date: b
City of Palm Springs
NOTARY ACKNOWLEDGEMENT
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CALIFORNIA
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State of California
County of Riverside P�I
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On May 4, 2001 before me, Elaine L. Wedekind, Notary Public ,
Da1e Name and The of Officer(e.g.,'Jane Doe,Notary Publld)
personally appeared DAVID H READv 1"��
Name(s)of Sgner(s) 'S
personally known to meaatia�4ereeeto be the person(i)
whose name(so isk=subscribed to the within instrument
and acknowledged to me that hem¢1r executed the
same in hind it authorized capacityl(bes), and that by
his/ signature(rc) on the instrument the personiii
ELAINE L.WEDEKIND 1K or the entity upon behalf of which the person( acte
Ud,
Comm.#1206984 executed the instrument. h1
._... p�NOTARY PUBLIC-CALIFORNIA�
RIVERSIDE COUNTY Q
„ee COMM.EXP.FEB,3,2003 WITNESS my hand and official seal.
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nature of Notary Public —
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Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
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Title or Type of Document:
Document Date: Number of Pages:
Signers) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
g Signer's Name:
❑ Individual
• ❑ Individual
❑ Corporate Officer ❑ Corporate Officers
Title(s): Title(s): i
Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ Generals
Attorney-in-Fact ❑ Attorney-in-Fact
Trustee ❑ Trustee
7] Guardian or Conservator ❑ Guardian or Conservator '
? Other; Top of thumb Wore ❑ Other: Top of thumb here ?'
Signer Is Representing: Signer Is Representing: :2
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0 1995 National Notary Association•8236 Rommel Ave P0.Box 7184•Canoga Park,CA 91309-7184 Prod No.5907 Reorder Call Tal-Free 1-800-676-689
TRIBAL
ALLOTTED PS-41C
PS-99C
FILE No. 375-392
NOTICE AND
MUTUAL TERMINATION OF EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, by an easement for right-of-way dated 12th day of March, 1968, and
recorded as Document No. 584-579 and Right—of-Way No. 375-392, in the LAND TITLES AND
RECORDS OFFICE, did thereby grant to the CITY OF PALM SPRINGS, CALIFORNIA a
municipal corporation, a certain right-of-way for a public highway, over, across, in or upon the
following described lands located on the Aqua Caliente Indian Reservation, Riverside County,
State of California, being a portion of Allotment PS-41 C, parcel 2, .329 acres and a portion of
Allotment PS-99C, parcel 5, .76 acres as shown on supplement plat of sec. 12, T4S, R4E,
S.B.B.M (Map recorded as 584-579) and;
WHEREAS, there exists a mutual termination of a portion of said easement by reason of
25 C.F.R. § 169.20(c)for abandonment; and
WHEREAS, the Parcels to be terminated are described on said Exhibit"A", Exhibit"B",
Exhibit"C" and Exhibit"D" attached hereto; and
NOW THEREFORE, the Grantor; pursuant to the terms of the grant of right-of-way, and
pursuant to the authorities cited therein, does hereby revoke, rescind and terminate said grant
and the land is free of any encumbrance created thereby.
UNITED STATES OF AMERICA
DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
PALM SPRINGS, CALIFORNIA
Date: MAY 01 2001 By:
Director
Palm Springs Field Office
Pursuant to the authority delegated by 209 DM 8,
230 dm 1,and 3 IAM 4 and Sacramento
Redelegation Order No. 1 (43 F R. 30131,dated
July 13, 1978)
EXHIBIT "A"
PARCEL1
BEING A PORTION OF THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 4 SOUTH,
RANGE 4 EAST, S.B.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SAID SECTION 12, THENCE NORTH 89°46'20" WEST, A
DISTANCE OF 25.00 FEET TO A POINT LYING ON THE WESTERLY RIGHT-OF-WAY OF
FARRELLDRIVE PER CITYOF PALMSPRINGS RIGHT-OF-WAY DOCUMENT NO.633, DATED
MARCH 20, 1968;
THENCE ALONG SAID RIGHT-OF-WAY LINE, NORTH 00'13'40"EAST,A DISTANCE OF 861.28
FEET TO A POINT LYING ON A NON-TANGENT CURVE, CONCAVE NORTHWESTERLY AND
HAVING A RADIUS OF 844.00 FEET, A RADIAL BEARING PASSING THROUGH SAID POINT
BEARS SOUTH 66'26'32" EAST;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 4'44'47" A DISTANCE OF 69.92 FEET TO A POINT ON A NON-TANGENT LINE, A
RADIAL BEARING PASSING THROUGH SAID POINT BEARS SOUTH 71*11'19" EAST;
THENCE SOUTH 00'13'40" WEST, A DISTANCE OF 926.55 FEET TO THE POINT OF
BEGINNING.
COMPRISING 0.512 ACRES MORE OR LESS.
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EXHIBIT "B"
PARCEL2
BEING A PORTION OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 4 SOUTH,
RANGE 4 EAST, S.B.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER, THENCE
SOUTH 89°36'22" WEST ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER A
DISTANCE OF 25.00 FEET TO A POINT LYING CAN THE WESTERLY RIGHT-OF-WAY OF
FARRELL DRIVE PER CITY OF PALM SPRINGS RIGHT-OF-WAY DOCUMENT NO.633, DATED
MARCH 20, 1968, SAID POINT BEING THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID NORTH LINE, SOUTH 89`38'22"WEST,A DISTANCEOF
104.18 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE
SOUTHWESTERLY AND HAVING A RADIUS OF 894.00 FEET, A RADIAL BEARING PASSING
THROUGH SAID POINT BEARS NORTH 59'09'56" EAST,
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 2'55'53" A DISTANCE OF 45.74 FEET TO A POINT ON A NON-TANGENT LINE, A
RADIAL BEARING PASSING THROUGH SAID POINT BEARS NORTH 62`05'49" EAST;
THENCE PARALLEL WITH SAID NORTH LINE, NORTH 89'38'22"EAST,A DISTANCEOF 81.63
FEET TO A POINT LYING ON SAID WESTERLY RIGHT-OF-WAY;
THENCE ALONG SAID WESTERLY RIGHT-OF-WAY, NORTH 00'10'04" EAST, A DISTANCE
OF 40.00 FEET TO THE TRUE POINT OF BEGINNING
COMPRISING 0.085 ACRES MORE OR LESS
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EXHIBIT "C"
PARCEL 3
BEING A PORTION OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 4 SOUTH,
RANGE 4 EAST, S B.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS'
BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER, THENCE
SOUTH 89'38'22" WEST ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER A
DISTANCE OF 25.00 FEET TO A POINT LYING ON THE WESTERLY RIGHT-OF-WAY OF
FARRELLDRIVE PERCITYOF PALM SPRINGS RIGHT-OF-WAY DOCUMENTNO.633, DATED
MARCH 20, 1966,
THENCE ALONG SAID WESTERLY RIGHT-OF-WAY, SOUTH 00`10'05" WEST, A DISTANCE
OF 162.82 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE
SOUTHEASTERLY AND HAVING A RADIUS OF 430.00 FEET, A RADIAL BEARING PASSING
THROUGH SAID POINT BEARS NORTH 12'08'54" WEST,
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 3°23'22" A DISTANCE OF 25.44 FEET TO A POINT ON A NON-TANGENT LINE,
SAID LINE BEING THE EASTERLY LINE OF SAID SOUTHWEST QUARTER, A RADIAL
BEARING PASSING THROUGH SAID POINT BEARS NORTH 08`45'32" WEST,
THENCE PARALLEL WITH SAID WESTERLY RIGHT-OF-WAY ALONG THE EASTERLY LINE
OFSAID SOUTHWEST QUARTER, NORTH 00°10'05" EAST, A DISTANCE OF 158.36 FEETTO
THE POINT OF BEGINNING
COMPRISING 0.092 ACRES MORE OR LESS.
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EXHIBIT 'D "
PARCEL 4
BEING A PORTION OF THE OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP
4 SOUTH, RANGE 4 EAST, S.B.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF PARCEL 2 OF PARCEL MAP NO. 6779 AS
RECORDED IN BOOK 58, PAGE 89 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY
RECORDER, RIVERSIDE COUNTY, CALIFORNIA, SAID POINT LYING ON A CURVE CONCAVE
NORTHEASTERLY AND HAVING A RADIUS OF 806.00 FEET, A RADIAL BEARING PASSING
THROUGH SAID POINT BEARS SOUTH 66'31'28" WEST,
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 04'38'38" A DISTANCE OF 65.33 FEET TO THE BEGINNING OF A COMPOUND
CURVE, CONCAVE EASTERLY AND HAVING A RADIUS OF 38.00 FEET;
THENCE NORTHERLY ALONG THE ARC OF SAID CURVETHROUGH A CENTRALANGLEOF
22`28'41" A DISTANCE OF 14.91 FEET;
THENCE NORTH 03'38'47" FAST, TANGENT TO SAID CURVE A DISTANCE OF 9.68 FEETTO
THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF
62.00 FEET;
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRALANGLE OF
19'19'33" A DISTANCE OF 20.91 FEET TO THE BEGINNING OF A REVERSE CURVE,
CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 796.00 FEET;
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 03'30'07" A DISTANCE OF 48 65 FEET TO THE BEGINNING OF A REVERSE
CURVE, CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 62.00 FEET,
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 14`13'12"A DISTANCE OF 15.39 FEETTO THE TRUE POINT OF BEGINNING, SAID
BEGINNING POINT LYING ON THE EASTERLY LINE OF SAID SOUTHWEST QUARTER;
THENCE CONTINUING ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 05'06'21" A DISTANCE OF 5 53 FEET,
THENCE NORTH 31'30'12" WEST, TANGENT TO SAID CURVE A DISTANCE OF 9.68 FEET
TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A
RADIUS OF 38 00 FEET,
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 22'28'41" A DISTANCE OF 14 91 FEET TO THE BEGINNING OF A REVERSE
CURVE, CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 894.00 FEET,
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 03'59'05" A DISTANCE OF 62.17 FEET TO A POINT LYING ON A NON-TANGENT
LINE, SAID LINE BEING THE WESTERLY RIGHT-OF-\A/AY FOR FARRELL DRIVE PER CITY
Con'd Exhibit "D"
Parcel 4
OF PALM SPRINGS RIGHT-OF-WAY DOCUMENT NO 633, DATED MARCH 20, 1968, A
RADIAL BEARING PASSING THROUGH SAID POINT BEARS NORTH 76'59'24" EAST,
THENCE ALONG SAID WESTERLY RIGHT-OF-WAY, NORTH 00'10'05" EAST, A DISTANCE
OF 24.56 FEET,
THENCE NORTH 27'13'14" EAST, A DISTANCE OF 11.05 FEET TO THE BEGINNING OF A
NON-TANGENT CURVE, CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 370.00
FEET, A RADIAL BEARING PASSING THROUGH SAID POINT BEARS NORTH 13'23'00"
WEST;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 03'09'44" A DISTANCE OF 20.42 FEET TO A POINT LYING ON A NON-TANGENT
LINE, SAID LINE BEING THE EASTERLY LINE OF SAID SOUTHWEST QUARTER, A RADIAL
BEARING PASSING THROUGH SAID POINT BEARS NORTH 10'13'16" WEST;
THENCE ALONG SAID EASTERLY LINE. SOUTH 00'10'05" WEST, A DISTANCE OF 126.56
FEET TO THE TRUE POINT OF BEGINNING.
COMPRISING 0.051 ACRES MORE OR LESS
RESOLUTION NO. 20045
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA,AUTHORIZING THE ACQUISITION OF FOUR
(4) REMAINDER PARCELS, STRIPS OF RIGHT-OF-WAY,
RELATED TO THE FARRELL DRIVE REALIGNMENT
PROJECT; AUTHORIZE THE PAYMENT OF LEGAL AND
REALTOR FEES, AND AUTHORIZE THE CITY MANAGER
TO EXECUTE ALL NECESSARY DOCUMENTS TO
COMPLETE THE TRANSACTION ON BEHALF OF THE CITY.
WHEREAS the Palm Springs International Airport runway extension project required the
relocation of Farrell Drive; and
WHEREAS previously the City and Tribal allottees negotiated a property exchange to allow
for the relocations; and
WHEREAS four(4) small strips of Right-of-Way were overlooked and not properly acquired
by the Airport and the parties wish to correct the oversight,
NOW THEREFORE BE IT RESOLVED as follows:
1. That Parcels 1, 2, 3 & 5 as depicted on attached plots and legal descriptions, are
hereby authorized to be acquired for a total price of $115,000, funds to be made
payable to Bureau of Indian Affairs for Renona Pennington; and
2. That legal fees of$3,000 are hereby authorized to be paid to Best, Best& Krieger as
counsel for the Tribal Allottee; and
3. That realty fee of 4.85% o$5,577.50 is hereby authorized to be paid to Ernie Noia as
Airport representative; and
4. That the City Manager is hereby authorized to execute all necessary documents to
complete this transaction on behalf of the City as well as any documents required to
obtain full release of Indian Right-of-Way easements along the old Farrell Drive
alignment.
ADOPTED this 16th day of May , 2001.
AYES: Members Hodges, Jones, Reller-Spurgin, and Mayor pro tern Oden
NOES: None
ABSENT: Mayor Rleindienst
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By:
City Clerk City Manager
REVIEWED&APPROVED AS TO FORM
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