HomeMy WebLinkAbout21882 - RESOLUTIONS - 5/2/2007 ' RESOLUTION NO. 21882
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 (4)
FOUR PARCELS IN TAHQUITZ REGIONAL PARK,
SECTION 22, TOWNSHIP 4 SOUTH, RANGE 4 EAST.
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
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
Resolution No. 21882
Page 2
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, I y M er
ATTEST:
ames Thompson, City Clerk
1
Resolution No. 21882
Page 3
' STATE OF CALIFORNIA ) CERTIFICATION
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 21882 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 the 2"d day of May, 2007, by
the following vote:
AYES: Councilmember Foat, Councilmember McCulloch, Councilmember Mills,
Mayor Pro Tern Pougnet, and Mayor Oden.
NOES: None.
ABSENT: None.
ABSTAIN: None.
J mes Thompson, City Clerk
ity of Palm Springs, California
1
I
I
I
i