HomeMy WebLinkAbout5/2/2007 - STAFF REPORTS - 2.L. � R
CITY COUNCIL STAFF REPORT
DATE: May 2, 2007 CONSENT CALENDAR
SUBJECT: APPROVAL OF A LAND VESTING AGREEMENT BETWEEN THE
CITY OF PALM SPRINGS AND THE AGUA CALIENTE BAND OF
CAHUILLA INDIANS TO CORRECT VESTING OF FOUR
PARCELS IN TAHQUITZ REGIONAL PARK, SECTION 22,
TOWNSHIP 4 SOUTH, RANGE 4 EAST
FROM: David H. Ready, City Manager
BY: COMMUNITY AND ECONOMIC DEVELOPMENT
SUMMARY
This Agreement corrects the vesting of a parcel granted to the Ague Caliente
Band of Cahuilla Indians by the City of Palm Springs as part of a three-way
agreement between the City, the Tribe, and the Riverside County Flood Control
District. Per the terms of Agreement #2435, entered into June 25, 1987, the City
agreed to transfer title of 4 parcels of the portion of Tahquitz Regional Park not
used for flood control structures or flood control purposes, including the land now
used for the Interpretive Center, to the United States of America, in Trust for the
Agua Caliente Band of Cahuilla Indians, to be used in perpetuity for park, open
space and Interpretive Center uses for the use and benefit of the general public.
The District had granted land not used for flood control purposes to the Tribe in
the 1940's.
However, the parcels transferred by the City to the Tribe per the terms of the
original Agreement were erroneously vested to the United States in Trust for the
Agua Caliente Band of Cahuilla Indians. Such parcels cannot be directly granted
to the Tribe in trust: such action requires a Fee to Trust Application that must be
processed by the United States Department of Interior, Bureau of Indian Affairs
and the Bureau must then sign an Acceptance of the subject parcels in Trust.
The grant deed was per the Agreement, but the Agreement was incorrect.
ITEM NO._f�
The original transaction cannot be recorded without an Acceptance of Grant
Deed from the Bureau of Indian Affairs, which requires a lengthy process and an
application by the Tribe to the BIA.
RECOMMENDATION:
1. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF
THE. CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A LAND
VESTING AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND
THE AGUA CALIENTE BAND OF CAHUILLA INDIANS TO CORRECT
VESTING OF FOUR PARCELS IN TAHOUITZ REGIONAL PARK, SECTION
22, TOWNSHIP 4 SOUTH, RANGE 4 EAST
STAFF ANALYSIS:
The Tribe has requested that Agreement#2435 be amended to allow the transfer
of the four parcels referenced above to the Agua Caliente Band of Cahuilla
Indians, a federally recognized Indian Tribe, to allow the Tribe to process a Fee-
to-Trust application, pursuant to Code of Federal Regulation, Part 151.
Because the parties wish to correct the vesting without reopening the entire
Agreement, the correct way to rectify the error is not to amend the original
Agreement, but to enter this Land Vesting Agreement for the purpose of making
the technical change in the vesting of the property. This Agreement allows for
the parcels to be re-vested to the Tribe as the Agua Caliente Band of Cahuilla
Indians, a federally recognized Indian Tribe, by the City using a Corrective Deed.
The Tribe would then process a Fee-to-Trust Transfer through the BIA; this
Agreement is intended to facilitate the Tribe's ability to place the land into trust.
FISCAL IMPACT: IFinance Director Review:
There is no fiscal impact to the City from this Agreement.
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J hn S. ay nd, Director of Tom Wilson
C m ity Economic Development Assistant City Manager
DAVID H. READY
City Manager
ATTACHMENTS:
1. Resolution
2. LAND VESTING AGREEMENT
RESOLUTION NO.
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING A LAND
VESTING AGREEMENT BETWEEN THE CITY OF
PALM SPRINGS AND THE AGUA CALIENTE BAND
OF CAHUILLA INDIANS TO CORRECT VESTING
OF FOUR PARCELS IN TAHQUITZ REGIONAL
PARK
WHEREAS an Agreement was entered into on June 25, 1987 by and among the
Agua Caliente Band of Cahuilla Indians, acting through its Tribal Council,
referred to herein as TRIBAL COUNCIL; Riverside County Flood Control and
Water Conservation District, referred to herein as DISTRICT; and the City of
Palm Springs, referred to herein as CITY with reference to certain real property
acquired by CITY in part with its own funds, in part with funds from various state
and federal grants, and further with reference to a certain Joint Powers
Agreement between CITY and the County of Riverside dated August 31, 1976,
as thereafter amended, relating to Tahquitz Regional Park; and with reference to
DISTRICT'S proposed Tahquitz Creek Flood Control Project; and
WHEREAS, per the terms of the Agreement the CITY agreed to transfer title of
the parcels in Section 22, Township 4 South, Range 4 East (4 parcels)
comprised of that portion of Tahquitz Regional Park not used for flood control
structures or flood control purposes, including the portion thereof to be used for
an Interpretive Center, to the United States of America, in Trust for the Agua
Caliente Band of Cahuilla Indians, to be used in perpetuity for park, open space
and Interpretive Center uses and for the use and benefit of the general public;
and
WHEREAS the DISTRICT agreed to transfer to the United States of America, in
Trust for the respective Allottees and/or Agua Caliente Band of Cahuilla Indians,
those portions of the flood control easement granted to DISTRICT by the Tribal
Committee of the Agua Caliente Band of Cahuilla (Mission) Indians on August
12, 1948, and approved by the Assistant Secretary of the Interior on February 28,
1949 under the Act of February 5, 1948 (25 U. S. C. Secs. 323-4), not needed for
flood control purposes; and
WHEREAS the transfer of parcels in Section 22 Township 4 South, Range 4 East
(4 parcels) were erroneously vested to the United States in Trust for the Agua
Caliente Band of Cahuilla Indians, in that the parcels of land referenced above
cannot be granted to the TRIBE in trust and such action requires a Fee to Trust
Application that must be processed by the United States Department of Interior,
Bureau of Indian Affairs and the Bureau must then sign an Acceptance of the
subject parcels in Trust; and
00O3
WHEREAS the TRIBE requested that Section A.2 and B.5 of Agreement #2435,
entered into June 25, 1987, by TRIBAL COUNCIL, the DISTRICT, and the CITY
be amended to allow the transferring of the four parcels of land referenced above
to the Agua Caliente Band of Cahuilla Indians, a federally recognized Indian
Tribe, to allow the TRIBE to process a Fee-to-Trust application, pursuant to Code
of Federal Regulation, Part 151; and
WHEREAS, the CITY and TRIBE have determined that the correct way to rectify
the error is not to amend the original Agreement #2435, but to enter this Land
Vesting Agreement for the purpose of effectuating this technical change in the
vesting of the property; and
WHEREAS, the incorrect vesting of the subject parcels requires that these
parcels be granted back to the CITY by the Grantee, the TRIBE and the CITY
would then grant the subject parcels back in proper form to the Agua Caliente
Band of Cahuilla Indians, a federally recognized Indian Tribe thereby rectifying
the erroneous vesting of the subject parcels;
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. The above recitals are true and correct and incorporated
herein.
SECTION 2. The Land Vesting Agreement between the City of Palm
Springs and the Agua Caliente Band of Cahuilla Indians is
hereby approved.
SECTION 3. The City Manager or his designee is hereby authorized to
execute the Land Vesting Agreement and all related
documents.
ADOPTED THIS 2nd day of May, 2007.
David H. Ready, City Manager
ATTEST:
James Thompson, City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. is a full, true and correct copy, and was duly adopted at a
regular meeting of the City Council of the City of Palm Springs on
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
LAND VESTING AGREEMENT BETWEEN THE CITY OF PALM SPRINGS
AND THE AGUA CALIENTE BAND OF CAHUILLA INDIANS
RECITALS:
WHEREAS an Agreement was entered into on June 25, 1987 ("Original
Agreement") by and among the Agua Caliente Band of Cahuilla Indians, acting
through its Tribal Council, referred to herein as TRIBAL COUNCIL; Riverside
County Flood Control and Water Conservation District, referred to herein as
DISTRICT; and the City of Palm Springs, referred to herein as CITY with
reference to certain real property acquired by CITY in part with its own funds, in
part with funds from various state and federal grants, and further with reference
to a certain Joint Powers Agreement between CITY and the County of Riverside
dated August 31, 1976, as thereafter amended, relating to Tahquitz Regional
Park; and with reference to DISTRICT'S proposed Tahquitz Creek Flood Control
Project; and
WHEREAS, per the terms of the Original Agreement the CITY agreed to transfer
title of the parcels in Section 22, Township 4 South, Range 4 East (4 parcels)
comprised of that portion of Tahquitz Regional Park not used for flood control
structures or flood control purposes, including the portion thereof to be used for
an Interpretive Center, to the United States of America, in Trust for the Agua
Caliente Band of Cahuilla Indians, to be used in perpetuity for park, open space
and Interpretive Center uses and for the use and benefit of the general public;
and
WHEREAS the DISTRICT agreed to transfer to the United States of America, in
Trust for the respective Allottees and/or Agua Caliente Band of Cahuilla Indians,
those portions of the flood control easement granted to DISTRICT by the Tribal
Committee of the Agua Caliente Band of Cahuilla (Mission) Indians on August
12, 1948, and approved by the Assistant Secretary of the Interior on February 28,
1949 under the Act of February 5, 1948 (25 U. S. C. Secs. 323-4), not needed for
flood control purposes; and
WHEREAS the transfer of parcels in Section 22 Township 4 South, Range 4 East
(4 parcels) were erroneously vested to the United States in Trust for the Agua
Caliente Band of Cahuilla Indians, in that the parcels of land referenced above
cannot be granted to the TRIBE in trust and such action requires a Fee to Trust
Application that must be processed by the United States Department of Interior,
Bureau of Indian Affairs and the Bureau must then sign an Acceptance of the
subject parcels in Trust; and
WHEREAS the TRIBE requested that Section A.2 and B.5 of Agreement #2435,
entered into June 25, 1987, by TRIBAL COUNCIL, the DISTRICT, and the CITY
be modified to allow the transferring of the four parcels of land referenced above
to the Agua Caliente Band of Cahuilla Indians, a federally recognized Indian
00s
Tribe, to allow the TRIBE to process a Fee-to-Trust application, pursuant to Code
of Federal Regulation, Part 151; and
WHEREAS, the CITY and TRIBE have determined that the correct way to rectify
the error is not to amend the Original Agreement, but to enter this Land Vesting
Agreement for the purpose of effectuating this technical change in the vesting of
the property; and
WHEREAS, the incorrect vesting of the subject parcels requires that these
parcels be granted back to the CITY by the Grantee, the TRIBE and the CITY
would then grant the subject parcels back in proper form to the Agua Caliente
Band of Cahuilla Indians, a federally recognized Indian Tribe thereby rectifying
the erroneous vesting of the subject parcels;
NOW THEREFORE, the parties hereto agree as follows:
A. Nature and Summary of Modifications. This Agreement modifies the
vesting of the parcels described in the Original Agreement, which itself
shall not be deemed modified and amended as provided in this
Agreement. Except as provided in this Agreement, the provisions of the
Original Agreement shall remain unmodified and in full force and effect.
The change in the vesting shall occur in the manner below.
1. In lieu of transferring title "to the United States of America, in trust for
the Agua Caliente Band of Cahuilla Indians," as provided in Section 2
of the Original Agreement, the CITY shall grant to the Agua Caliente
Band of Cahuilla Indians, a federally recognized Indian Tribe, four
parcels in Section 22 Township 4 South, Range 4 East, the real
property and the right-of-way and easement in the City of Palm
Springs, County of Riverside, State of California, described in EXHIBIT
"A" in the Original Agreement using a Corrective Deed recorded in the
Official Records of the County of Riverside.
2. Upon receipt of title to the parcels described in Exhibit "A" of the
Original Agreement by the "Agua Caliente Band of Cahuilla Indians, a
federally recognized Indian Tribe," The TRIBE shall immediately
process a Fee-to-Trust application pursuant to Code of Federal
Regulation, Part 151.
B. Purpose of Contract. It is expressly understood and agreed by the parties
hereto that this is an Agreement regarding the re-vesting of the property to
facilitate the TRIBE'S ability to place the Property In trust.
C. Amendment. This Agreement may only be amended by a document in
writing signed by the parties hereto.
D. Corporate Authority. The persons executing this Agreement on behalf of
the parties hereto warrant that (i) such party is duly organized and
existing, (ii) they are duly authorized to execute and deliver this
Agreement on behalf of said party, (iii) by so executing this Agreement,
such party is formally bound to the provisions of this Agreement, and (iv)
the entering into this Agreement does not violate any provision of any
other Agreement to which said party is bound.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as
of the date and year first above written.
THE CITY OF PALM SPRINGS,
a California Charter City
By:
Date:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Douglas C. Holland, Esq.
City Attorney
THE AQUA CALIENTE BAND OF
CAHUILLA INDIANS, a Federally
Recognized Indian Tribe
By:
Chairman, Tribal Council
ATTEST:
Tribal Secretary
APPROVED AS TO FORM:
Art Bunce
Tribal Attorney
�7n4"7°
r RCFC&WCD & Agua Caliente Band
r of Cahuiila Indians
Tahq. Regional Park Flood
Control ss7t##rppucgtguu5res
.§GffonENfi-17_ BZ.-•- ---- --
TRIPLICATE
ORIGINAL
AGREEMENT NO, l
This agreement, dated L � 1987, is made by and
among the Agua Caliente Band of Cahuilla Indians, acting
through its Tribal council, referred to herein as TRIBAL
COUNCIL ; Riverside County Flood Control and Water
Conservation District, referred to herein as DISTRICT; and
the City of Palm Springs, referred to herein as CITY.
This agreement is subject- to the following conditions
before it shall become effective: (1) the agreement shall
have been approved by the governing body of each of the
parties, and its execution by an appropriate representative
shall have been authorized in writing; (2) the City Council
of the City of Palm Springs shall have held at least one
public hearing on using part of Tahquitz Regional Park for
flood control structures, and on the proposed storage,
curatorial, and interpretive facility and any proposed
recreational facilities.
This agreement is made with reference to certain real
property acquired by CITY in part with its own funds, in
part with funds from various state and federal grants,
including Historic Preservation Grant Projects Nos.
06-75-00103--00 and 06-76-0172-00, a grant of state funds
appropriated in Item 412A (200) of the Budget Act of 1974;
and further with reference to a certain Joint Powers
Agreement between CITY and the County of Riverside dated
August 31, 1976, as thereafter amended, relating to
Tahquitz Regional Park; and with reference to DISTRICT'S
proposed Tahquitz Creek Flood Control Channel Project; and
is intended to resolve certain apparent conflicts between
the desired objective of flood protection for that portion
of CITY lying within the Tahquitz Creek watershed and flood
plain, and the conditions and restrictions imposed upon
CITY'S use of land acquired with state and federal funds
for park and open space and historical preservation
purposes. This agreement is further intended to comply
with California Public Resources code Section 5096.102,
added by Chapter 1021, Statutes of 1985. Based upon the
foregoing references, and upon the mutual promises herein
contained,
THE PARTIES AGREE AS FOLLOWS:
A_ CITY AGREES:
1. FLOOD CONTROL, USES. Outside the scope of this
agreement, CITY intends to authorize the use of the part of
1
Tahquitz Regional Park adjoining Tahquitz Creek for flood
control purposes, including without limitation flood
control structures, as proposed in DISTRICT'S Tahquitz
Creek Flood Control Channel Project, Stage II.
2. TRANSFER REAL, PROPERTY IN TRUST TO UNITED STATES, To
transfer title to that portion of Tahquitz Regional Park
not used for flood control structures or flood control
purposes, including the portion thereof to be used for an
Interpretive Centex, to the United States of America, in
trust for the Aqua Caliente Band of Cahuilla Indians, to be
used in perpetuity for park, open space and Interpretive
Center uses and for the use and benefit of the general
public; provided, however, that the land to be transferred
by CITY to the United States of America pursuant to this
paragraph is limited to land owned by CITY, acquired with a
grant of state funds appropriated in Item 412A (200) of the
Budget Act of 1974, or with Historic Preservation Grant
funds under Project Nos. 06-75-00103-00 and 06-76-00172-00;
provided further, that if TRIBAL COUNCIL shall fail to
operate and maintain said property for the uses stated
herein, CITY shall be entitled, to the extent permitted by
law, to bring an action in a court of competent
jurisdiction to recover title and possession of said land.
Nothing in this paragraph shall be construed to require
that the interpretive center or the land be open to the
public at all times, or to prohibit or prevent TRIBAL
COUNCIL from promulgating reasonable rules, regulations,
fees and charges, including without limitation reasonable
restrictions on the dates or times of day during which the
public may have access to the interpretive center or the
park or any portion thereof.
3. CONTRIBUTE TOWARD CONSTRUCTION OF INTERPRETIVE CENTER.
To contribute $150,000, to provide, jointly with DISTRICT,
a fund of $300, 000 toward the cost of construction of a
storage, curatorial and interpretive center. CITY further
agrees that if the cost of construction of said facility is
less than $300,000, the balance of said fund may be used by
TRIBAL COUNCIL toward staffing of said Interpretive Center.
CITY shall have no obligation to contribute any other funds
toward construction or staffing of said facility.
4. FUND PART{ DESIGN. To contract with a qualified park
designer, at a cost not to exceed $20,000 for the
development of a site plan for the Tahquitz Regional Park
area, showing the location of the Interpretive Center,
related trails and roads and other facilities which would
be appropriate to the eventual development of said park.
Selection of the park designer and approval of the site
plan shall be subject to the approval of both CITY grid
TRIBAL COUNCIL.
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1,C
r
5• CONSTRUCT BELARDO BRIDGE• Subject to the conditions set
forth in this paragraph, to construct at CITY cost, not
later than June 30, 2002, a bridge across Tahquitz Creek,
as part of the extension of Belardo Road from Mesquite
Avenue to Sunny Dunes Road. This committment is subject to
the following conditions:
(1) that all necessary rights of way for such bridge
and its approaches be obtained without cost to CITY;
(2) that all street improvements for extension of
Belardo Road from Mesquite Avenue to Sunny Dunes Road
be constructed by or at the expense of the property
owners or lessees of the property fronting on said
Belardo Road, and that said Belardo Road so improved be
dedicated to CITY for use as a street right of way
according to state law; provided, that this condition
will be considered fulfilled if the appropriate owner
or lessee of any such property which is not then
developed shall enter into a reimbursement agreement
with CITY to repay CITY for the cost of such street
improvements at the time such property develops;
(3) that in order to construct said bridge prior to
June 30, 2002, CITY may seek up to 50% of the cost of
said bridge through appropriate provisions of law,
including without limitation thereby, establishment of
a benefit assessment area pursuant to Sections 66484
and 66489 of the California Government Code
(Subdivision Map Act) , or establishment of Assessment
Districts. (For purposes of this sub-paragraph, CITY
represents that if the Subdivision Map Act benefit
assessment area is used, no assessments or fees would
be payable for such purpose on undeveloped land prior
to its development, and that if other state law benefit
assessment district is formed, such formation would be
only upon the request, or with the approval of more
than a majority of the lessees of trust land, and would
not apply to unleased trust land until it is leased. )
B. DISTRICT AGREES:
. 1. CONSTRUCT FLOOD CONTROL PROJECT. Outside the Scope of
this agreement, DISTRICT intends to construct certain flood
control structures in, near and along portions of Tahquitz
Creek, according to project documents entitled "Tahquitz
Creek Flood control Channel Project, Stage II, Project
Number 6-0-060, " and a certain report entitled "Cultural
Resource Testing and Data Recovery", prepared by Cultural
Systems Research, Inc.
2. CONTRIBUTE TOWARD CONSTRUCTION OF INTERPRETIVE CENTER.
To contribute $150, 000, to provide, jointly with CITY, a
fund of $300,000 toward the• cost of construction of a
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storage, curatorial and interpretive center. DISTRICT
further agrees that if the cost of construction of said
facility is less than $300,000, the balance of said fund
may be used by TRIBAL COUNCIL toward staffing of said
Interpretive Center. DISTRICT shall have no obligation to
contribute any other funds toward construction or staffing
of said .facility.
3 . ROUGH GRADING. To provide rough grading of the
interpretive center site, including the building pad for
the interpretive center, the parking area and access road.
All grading shall be performed in accordance with a grading
plan prepared by others and in compliance with chapter 70
of the Uniform Building Code as amended and adopted by the
City of Palm Springs, including preliminary soils
investigation report. The grading plan shall be delivered
to DISTRICT within 120 days after receipt of Federal
approvals.
4. FUND CULTURAL RESOURCES TESTING AND DATA RECOVERY
PROGRAM. To fund the cultural resources testing and data
recovery program, as outlined in the project documents for
the flood control project referred to in paragraph "1"
above.
5. TRANSFER REAL PROPERTY IN TRUST To UNITED STATES. To
transfer to the United States of America, in trust for the
respective Allottees and/or the Agua Caliente Band of
Cahuilla Indians, those portions of the flood control
easement granted to DISTRICT by the Tribal Committee of the
Agua Caliente Band of Cahuilla (Mission) Indians on August
12, 1948, and approved by the Assistant Secretary of the
Interior on February 28, 1949 under the Act of February 5,
1948 (25 U.S.C. Secs. 323-4) , not needed for flood control
purposes.
C. TRIBAL COUNCIL AGREES:
1. ACCESS EASEMENTS. To exert its best efforts to acquire
easements over Indian land as needed for the access road to
the Interpretive Center.
2_ IMPROVE ACCESS ROAD AND PARKING AREA. To provide or
cause to be provided the improvement of the access road and
parking area of the Interpretive Center, beyond rough
grading.
3. CONSTRUCT INTERPRETIVE CENTER., To design and construct,
or cause to be designed and constructed, the Interpretive
Center.
4. STAFF INTERPRETIVE CENTER. To provide staffing for the
-4-
Interpretive Center in such numbers and with appropriate
expertise to comply with all applicable rules and
regulations of state and federal government.
5. RLkM. OPEN SPACE, INTERPRETIVE CENTER USES. To maintain
and operate any recreational facilities and the storage,
curatorial and interpretive facilities in perpetuity on the
land to be transferred to the United States of America in
trust for the Agua Caliente Sand of Cahuilla Indians
pursuant to paragraph 2 of Section A of this agreement.
Nothing in this paragraph shall be construed to require
TRIBAL COUNCIL to keep open any of said facilities every
day, or all day, or during the summer months. In keeping
With the intent of this agreement to have said facilities
open to the public during substantial periods of the year,
TRIBAL COUNCIL may establish reasonable rules, regulations,
fees and charges, and restrictions on the times, the nature
of allowed activities and the portions of the real property
to be available to the general public.
G. ASSIST IN SECURING FLOOD CONTROL APPROVALS_ To assist
and cooperate in securing all necessary approvals from
state and federal agencies to allow the Tahguitz creek
Flood Control Channel Project to be completed.
D. THE PARTIES MUTUALLY AGREE:
1. HOLD HARMLESS. In performing any part of this agreement
which that party has agreed to perform, each party agrees
to indemnify, defend and hold harmless each other party of
and from any and all claims, demands, damages or causes of
action caused by or arising out of any act or ommission of
the indemnifying party in the performance of such part of
this agreement.
2. ADDITIONAL DOCUMENT Each party agrees to sign any
additional documents necessary or desirable to carry out
this agreement to its completion.
3 . TIMING AND COST. Each party agrees that each action to
be performed by that party under this agreement will be
performed within a reasonable time and without cost to any
other party, except as specifically stated herein.
4. COMPLETE AGREEMENT. This agreement is intended to be a
complete agreement among the parties as to all issues
concerning development of the interpretive center, the
flood control project in and near the entrance to Tahquitz
Canyon, and disposition of the land acquired by CITY in
that vicinity under state and federal grants. When each
party has performed the actions which that party has agreed
to herein, that party will have no further abligation •to
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the other parties concerning such issues.
S. HEADINGS. Subject matter headings or titles on separate
paragraphs of this agreement are for convenience of
identification of the subject smatter of such paragraph, and
are not considered part of the agreement.
6. STATE AND FEDERAL REVIEW AND APPROVAL. This agreement
and the plans and specifications for the proposed storage,
curatorial and interpretive facilities shall be submitted
for review and approval to the state of California
Department of Parks and Recreation pursuant to Public
Resources Cade Section 5096.102, and shall be submitted to
appropriate state and/or federal agencies or officials for
review and approval to relieve CITY of further obligation
under Historic Preservation Grant Project Nos.
06-75-00103-00 and 06-76-0172-00. This entire agreement is
subject to and effective upon obtaining the necessary approvals
referred to in this paragraph. Failure to obtain such approvals
shall render this agreement null and void.
AGUA CALIENTE BAND RIVERSIDE COUNTY FLOOD CITY OF PALM SPRINGS
OF CAHUILLA INDIANS CONTROL AND WATER
CONSERVATION DISTRICT
DiGG-C/GG GC-4'J L!c �rL !
CHA N 0 TRIBAL COUNCIL.' (TITLE) 11AYORt r:i ,
T ATTEST_ ATTEST:
(TITLE) GTT CLERK
APPROVED AS TO FORM:
r
y7" tty Attorney
,APP'Z0 VED BY THE CITY COUNCIL
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File No. R-92015
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Thr Ci1"Y OF PALM 4PRTNf S a Mnn'c COtpQ�(jp� , GRANTOR,
hereby GRANTS to. the United States of America, in trust for the Agua Calienta Nand ❑'F
Cahuilla Indians>•GRIRITEE, the real property and the right-of-way and easement in the City
Of Palm Springs, County of Riverside, State of California, described as follows;
Being the land described in EXI7i8:T"A" attached hereto and made a part hereoF.
ATTEST: CITY of PALM SPRINGS,
�i a Muniicc-ilpal Corporation
Dated i gy; • "'
Alt",
Rv
sty
{Cl1Lir 0,cR � C-'Ty trA.a•i.�FGC1L
erk
ALL-PTJRPOSF ACKNOWLEDGMENT
Sty of fF-�/ I+rr`� ^o CAPACITY CIAIMED BY SIGNER
County of ,.JCJ�'/ C/ Cl ORPO ATE($)
C
Q CORPORATE
on � before me. G�/ t O�SIi/ OFFIC T'($)
Date Name,Trtle of O coe TITLE($)
personalty appeared 7���'��J/!> �rT•F IM l/ lam, Cl FARTHER(S)
NAME(S)OF SIGNERS) 0 ATTORNE"Z-Z4•FACT
O TRUSTEE(S)
❑perroml]y ltriowo tome-OR• Qproved to me an the 6:uia of ratisFncmry Q SUWCRIBLNG=NES$
evidence to be We perscw(s)whose rwmc(s).is/ero ❑ GUARDL-.N1CONSERVATOR
becnbed W the within instrument isnd ❑ OTHER
dtlOtll+svn!¢y koowledged to we 1haye7gho/dtty executed the
C%nTnb0oD#109eea9 a in bifteUthctr authorized eapaelty(,e),and
H�� ryOX01 at by lawl;x/their siEm aure(s)on the instrument
v person(s)or the eatiry upen behalf of which the SIGNM IS Pi RESE?MG:
crwos(u)acted,exeaumd ere robs moot.
CtFti oF ?��ttt .`�prn�'1S
WiWees my bmtd and oft; 'al sear_ �T
i nature of No
ATTENTION NOTARY: Alt4bugh the information vequcsl d below is CM,ONAL,it could pxaveat fraudulsm mmch=t at of this
certiliosle W unauthorized document.
THIS CERTERCATE Title or Typc ofbocument
MUST BE ATTACHED /
TO T13E DOCUMENT Number of PsgeepATE of DOCUMENT /-1/-�
DESCRIBED AT RIGHT: JI
Sr Here Other 7"htm Namur Above
I 1F. s�.�IIaorlI--�
Il1III AIIIII IIIII II�III IIII VIA IIII�II III�IIII Illl III tai 993^69oo7cmt
AICAi-irrgnriiA ALL-P',t' POZM ACKi OW-rLEDGMENT
State of
County of . 4
r�l � ma, CeAirrli�L,,,l.sn<,einJD Alm-a-G.ec7vSG/
� / Nun.wRk o1M[vi(r C.'J�•rTp>.,NouryP h
personally appeared .tllr_
On
personally known to me—gFe�preved ia^^...a.=�t�a�;eeie-ol-sa{isfae4ery-eviderr�to be the person(uf
e,hase^ame( are subscnbed to the within in,fri,mr,no
and acknowledged to me that heCsFy/they executed the
same in hizaltheir authorized capachyFes)i and that by
ELANE L.WEDEKIND his /their signaturel8 on thehstwment the person(af,
COMM.$1NUM 3 or the entity upon behalf of which the personl4} acted,
(7 c•HernaY PuoucteLlrorcsleD eaeouted the instrument.
RNGRSloE COUNTY C
,n.• comm u_ _V to mom WITNESS my hand and olfiaal seal.
O
syei.r.e�ee�.rr Poem
OPrroNAL
7hpugn the mrpmnalfbn bale r:not rp,urrad by law,it may prow valuaWn ro person:relying on thu dp ,,monr any could prevent
frruduinnr remount.nd raartabPmenr of via romf to another document.
Description of Attached Document
Title or Type of Document-
Document Cate: Number of Pages,
S W o Signer(s)Other Than Named Above:
gi Capacity(ies) Claimed by Signer(s)
Signer's Name: --_m_ Signer'$Name:
L Individual ❑ Individual
LD Corporate Ofter ❑ Corporate 011lcer
lltic(s): Tllc(s):
a Partner--❑limped it General -7 Partner--•t7 Limited ❑General
rJ Attomey-In-Fact =I Ahomey-m-Fact
L Trustee L-1 Trustee _
C Guardian of Conservator C Guardian or Conservalar -
DI Other: G Other: Tea o' wrar,e•a
Signer Is Representing: Signer Is Representing:
o 4qr rvnla.+r Ye�nry/rsc[argn•�gp4 PpnnoNw PO Be.fw•CervuP.ry ua�wiafp PiaO rvP'v90P ew.r.�Cor�.rcrw�WO-LiLdOEI
AREA MAP FOR HEAL PROPERTY LIMMN
C.P. 87-49 DEBRIS BASIN
Gcrno.MT�• - _
PROPERTY CONVEYANCE EXHIBIT trB n
aa4LE= FILE N0.
Map Shows Parcel 1, 2 & 3 of the Taltquifs None
Regional park not used for Flood Control R-92-015
See6on 2 1;45. RV.E. 5&9.6 M.
.............,,,r..,. „.- i
File No. R-92-015
Grant Deed
Page 1 of 2
Parcel 1: That portion of the Southwest quarter of the Northeast quarter of Section 22,
Township 4 South, Range 4 East, San Bernardino Rase and Meridian, being more particularly
described as follows:
BEGINNING at the Northeast comer of said Southwest quarter, Northeast quarter;
Thence South 005 17'55' West 136.34 fee[along the East line of said Southwest quarter
Northeast quarter;
Thence leafing said Ea.^t'Sde South 86'42"1"?ties!265.d6 feet;
Thence North 39'37'23' West 102.45 feet;
Thence South E9"02'12" West 100.00 feet;
Thence North 40055'15" West 103.23 feet to a point on the North line of said Southwest
quarter Northeast quartet;
Thenca South 89"34'39" East 496,69 Feet to the POINT OF BEGINNING. This parcel
contains 1.29 acres more or less.
jlqeCel 2: That portion of the Southwest quarter of the,Northeast quarter of Section 22,
Township 4 South, Range 4 East, Safi Bernardino Base and Median, being more particularly
describe as follows:
BEGINNING at the Southwest comer of the Northeast quarter of the Southwest quarter of the
Northeast quarter, of said Section 22;
Thence Fasterly 20-00 feet more or less along the Southerly line of the Northeast quarter,
Southwest quarter, Northeast quarter; to the TRUE POINT OF BEGINNING;
Thence North 44"12'52" East 247.74 feet;
Thence North 89002'12" East 145.00 feet;
Thence North 68'48'27" Fast 345-61 feet to a point on the East line of said Southwest quarter
Northeast quarter;
Thence South 00'17'55" West 308.88 feet along said East line to the Southeast Comer of the
Northeast quarter of the Southwest quarter of the Northeas[quarter;
Thence leaving said Fast line, Westerly 638.57 feet more or less along the Southerly line of
j�S the Northeast quarter, of the Southwest quarter of the Northeast quarter to the TRUE POINT
OF BEGINNING. This parcel contains 2.76 acres more or less.
Parcel 3: That portion of the Southwest quarter of the Northeast quarter of Section 22,
Township 4 South, Range 4 East, San Bernardino Base and Meridian,being more particularly
described as follows-
_ BEGINNING at the Southwest Comer of said Southwest quarter, of the Northeast quarter of
said Section 22;
Thence North OO°13'25" East 145.91 fcct to the TRUE POINT OF BEGINNING;
Thence North 00'13'25" Bast 845.84 feet;
Thence South 46'02'41" East 149.49 feet;
Thence South 13'48'14" East 110.29 feet;
Thence South 870 10'17" East 40.00 feet;
Thence North 22"18'12" East 178.12 8xt;
Thence South 58031'20" Fast 209,40 feet;
EXHIBIT "A" UM153.LOL
° AREA MAP FOR REAL PROPzR" Ctvuwm
C.P. 87-49 DEBRIS BASIN
PROPERTY CONVEYANCE EXHTI,3ZT ItB 11
SC4L.E: FILE Na
Map Shows Parcel 1, 2 & 3 of the tz None R-92-015
Regional park not used For Flood Controlntrol
Sectlen y 7,4,5 R4.E. S,BE.&M.
File No, R-92-015
GRANT DEED
Page 2 of 2
I
Thence North 89"02'12" East 210.00 fee[;
Thence South 24°54'43" West 196.35 feet'
Thence South 89'39'14" Fast 110.00 feet to the Northeast comer of the Southwest quarter,
Southwest quarter Northwest quarter;
Thence South 00°15'47'West 228.2.0 feet along the Fast line of said Southwest quarter,
Southwest quarter, Northeast quarter to a point on the Northerly line of a 20.04-foot strip of
land; Said point being the intersection of the said East line and a curved line with a radius of
7v.w:,^_.:.".a:.d C:. 4: —^ " n�7al tl"e hnAr:c�.r�th �°a6.54" Wect; .
Thence Southwesterly along the Northerly line of said 20.00-Food strip of land and along said
curve through a central angle of 28025'25" an are distance of 34.73 feet;
Thence South 68"21'29" West 323.19 feet;
Thence South 63°35'50" West 362.95 feet to The TRUE POINT OF BEGINNING. This
Parcel contains 8.30 aces more or Ins
Right of Way & EASEMENT
For Roadpu=ses Connecting-Barncls 2&3 described above
Par!Zgl 4r BEING a Right of Way, for Road purposes, with the right to construct, maintain
and repair, and For ingress and egress to Parcels 2 &3 described above, over the following
described Parcel of land:
All that portion of South one half❑f Northeast one-quarter also being a portion of
Parcel 6060-309A of Record of Survey as retarded in Book 77 at pages 1 through 5, Records
of Riverside County, California, of Section 22 Township 4 South, Range 4 East, San
8urnardino Base, described as follows:
pj s t Commencing at the Southwest comer of said Northeast one-quarter;
Thence South 89°43'08" East along the South line of said Northeast one-quarter a distance:of
658.16 feet to the Southwest corner of the Southeast one-quarter, Southwest one-quarter,
Northeast one-quarwr;
"thence North 00°15'47" East along the Wes[ line of said Southeast one-nuaner of the
Southwest one-quarter of the Northeast one-quarter, a distance of 662.39 feet to the Northwest
corner of said Southeast on-quarter of the Southwest one-quarter of the Northeast onc-quarter
to THE TRUE POINT OF BEGINNING, the next two comers are along the South and
Easterly line of said Parcel 6060-309A;
Thence South 89039'14" East a distance of 20,00 feet;
Thence North 44'12'52" East a distance of 83.23 feet to a point that is 60,00 feet Northerly
and parallel with said South line of Parcel 6060-309A;
Thence North 89'39'14" West parallel with the South line of said Parcel 6060-309A a distance
of 160.25 feet to a point on the Westerly line of said Parcel 6060-309A.
The next two courses are along the Westerly and South line of said Parcel 6060-309A;
Thence South 24.54'43"West a distance of 65.97 feet;
._.- Thence South 89'39'14" Fast a distance of 110-00 feet to THE TRUE POINT OF
BEGINNING.
EXHIBIT "All Rnul5•2.LOL
AREA MAP FOR SAL PpaPERTY c"LWpN
�_•. .~ C.P. 87-49 DEBRIS BASIN
EXHIBIT "B"
PRpPERTY CONVEYANCE
sc�L
E= FILE Na
Map Shows Parcel 1, 2 & 3 of the Tahquitz None R-92-015
Regional Park not used for Flood Control
Secllon 2 T,4 a. a4E s.e,&BM.
per.
/( -
'y .x P;&No. R-92-015
Grant Deed City to
Urdted States in Trust
page 1 of
l�
TAHQOITZ CREEK PROJECT -
�L�LIyACy�< ur•rv..
.FLOOD CONTROL DISTRrCT'S t952 EASEMENT
ncc-t
f j xx -
F , , CITY OF PALM SPRINGS
' 9M .BEAL PROPERTY taws"
AAEA MAP POR
C.P. 87-49 DMWS 11AS?NT r rT��j
•�4reaa�. PROPERTY CONVEYANCE EXHIBIT• tiB u
5ALEi FILE NQ
Map Shows Parcel 1, 2 & 3 of the Tahquitz None R-92-015
Regional Park not used for Flood Control (t
Seellon 1 T,+f,S. RfAE, S.B9.8&7. ?
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File No, R-92-015
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�"` PROPERTY CONVEYANCE EXHXBTT 11511
SCALE% FILE
Map Shows Parcel 2, of the Tahquitx None +R-92LI'
Regional Park not used for Flood Control
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CITY OF PALM SPRINGS
LOCATION MAP FOB -14EAL PttoPetrrr orvtelou
C-P. 87-49 DEBRIS BASIN
•�«/o4N`� PROPF-RTY CONVEYANCE EXHIBIT IIB't
SCALE. FILE H6
Map Shows Parcel 3, of the 1'ahquitz None • It-92-015
Regional park not used for Flood Control
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LTNE DATA LTNF DATA File No. R-92-0IS
W XM* BrsrAN[E LO I ECARD c 1 0xsr Grant heed City to
Ch1 n 65.42.43'6 1 265,46 h N 09"39-SA"X 11o.00 Uaitcd Siatcs in Trust
JVJ� H 35'37'23'N 102,45 �h H 40.02'43'X 149.49 Page S of_S'
L/ H 89.02.12'@ 100.00 A N 13•AEVE;
110.29
+ N 40.55'1S-4 103.23 N 84.3 20,00
tl N 87"10'17'X tG,00 N 44.1 Z47.74
• H 22'18"12'E 178-12 t. N 89.0 145.00
H BB•31'201X 209.40 N 2{•54'43•E fi5.3]
n N 89.0a'12•E Z10.00 N 69.39.14'X SG0,25
N 24.54'43'E 156.36 1 N 44•i2'52.6 83.23
N 89�3-099"X 619.m
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4 r•� CITY OF PALM SPRIN S
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LOCATION MAP FOR
C.P. 87-49 AFBRIS BASIN
•�u�o�w", PROPERTY CONVEYANCE EXHIBIT tt B it
O
SCGLE: F14E N0.
Map Shows Parcel 4 EASENMNr Conecting Parcels 2 R I of None R-92-01
the Tahquitz Regional Park not used for Flood Control
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CERTIFICATE OF ACCEPTANCE
THIS IS TO CFRTIP1' that the hverest in real property conveyed by
GRANT DEED
dated; tc-ecmbcr S. t999
Pratt.
THE CITY OF PALM SPRINGS, A CHARTER CITY
Grantor, io the United Stares of krtwwa. in trust For the Amia Caheme Hand of
Cahuilla lndians. Granite is hereby accvpwd by the City (led, of said ChN of Palltt
Springs, on this 15rh day of Dc^cembcr, 1999, purswrnr to authovity cranrc`d by the Cit)
Council of said City, b) kesoluriun No Mc6 ) made on the 8tlr day of Dedembcr.
1999, and the Grunted consents to recordation IhcrraC by the City Clerk, a duly
authored officer.
Dated at Paltn Springs, California,this 15th day of December, 1999,
%C 1}r1TRICIA A. SANDI RS
City Clerk
. 'rl
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cer4}j m umuth"i Pugh the information rcquestrd f�
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CERrZTCATE below r6 r].YrXONTo T�m
AI..it eauld pxovent umcnE fra a I
MUSE E8 A77AC14ED Tige nr Tylw of uduidut attacitytaat of ta" I
MSCgtg DA T p,j K: Number nFPugei t„ ,•
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