HomeMy WebLinkAbout2006-03-15 STAFF REPORTS RA2 RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:I
I
CITY OF PALM SPRINGS, CALIFORNIA
3200 East Tahquitz Canyon Way
Palm Springs, California 92263
Attn: City Clerk
Space Above this Line Reserved for Use by Recorder
(EXEMPT FROM RECORDING FEE PER GOV. CODE'6103)
GRANT OF EASEMENT
For a valuable consideration, receipt of which is hereby acknowledged,
The Community Redevelopment Agency of the City of Palm Springs, a public
body, corporate and politic
hereby grants to THE DESERT WATER AGENCY, a California municipal water corporation
an easement for water lines and other incidental purposes on certain real property located
in the City of Palm Springs, County of Riverside, State of California, described as follows:
THAT PORTION OF THE EAST ONE-HALF OF THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 14,
TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN, IN
THE COUNTY OF RIVERSIDE, ACCORDING TO THE MAP OF AGUA CALIENTE
INDIAN RESERVATION IN SCHEDULE 2 BLOCK 225, BEING GOVERNMENT LOT 164
OF SAID MAP AND ALLOTMENT NO. PS22-WINIFRED PATENCIO PRECKWINKLE;
FOR A PERIOD ENDING ON MARCH 31, 2011 OR UNTIL THE DESERT WATER
AGENCY AND THE BUREAU OF INDIAN AFFAIRS EXECUTE AN AGREEMENT
EXTENDING THE EASEMENTS GRANTED TO PALM SPRINGS WATER COMPANY IN
MARCH, 1955.
IN WITNESS WHEREOF, the undersigned has executed this Grant of Easement this
day of 2006.
"GRANTOR":
COMMUNITY REDEVELOPMENT AGENCY OF
THE COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF PALM SPRINGS, a
public body, corporate and politic
Date: By:
Ron Oden, Chairman
ATTEST:
By:
James Thompson, Assistant Secretary
APPROVED AS TO FORM:
WOODRUFF, SPRADLIN & SMART
By:
Douglas C. Holland, Agency Counsel
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Community Redevelopment Agency Staff Report
DATE: March 15, 2006 NEW BUSINESS
SUBJECT: EXTENSION OF AN EASEMENT FOR WATER PIPELINES AND
INCIDENTAL PURPOSES TO THE DESERT WATER AGENCY ON A
4.96 GROSS ACRE COMMUNITY REDEVELOPMENT AGENCY-
OWNED PARCEL AT THE NORTHWEST CORNER OF SUNRISE WAY
AND TAHQUITZ CANYON WAY, REFERRED TO AS APN 508-070-042,
FOR A PERIOD OF 50 YEARS, TERMINATING MARCH 15, 2056
FROM: David H. Ready, Executive Director
BY: Community & Economic Development Department
SUMMARY
RECOMMENDATION:
Approve Resolution No. "A RESOLUTION OF THE COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS EXTENDING AN
EASEMENT FOR WATER PIPELINES AND INCIDENTAL PURPOSES TO THE
DESERT WATER AGENCY ON A 4.96 GROSS ACRE COMMUNITY
REDEVELOPMENT AGENCY-OWNED PARCEL AT THE NORTHWEST CORNER OF
SUNRISE WAY AND TAHQUITZ CANYON WAY, REFERRED TO AS APN 508-070-
042, FOR A PERIOD OF 50 YEARS"
STAFF ANALYSIS:
This action should be the final Agency action necessary to facilitate the exchange
by the Agency of this 4.96 (gross) acre parcel at the northwest corner of Sunrise
Way and Tahquitz Canyon Way for a parcel on East Palm Canyon Drive in order
to perform on the DDA with VIP Motors for the expansion of the BMW of Palm
Springs facility. All of the documents related to the exchange are in Sacramento
being reviewed by the Department of the Interior Solicitor. One of the delays has
been caused by an easement for water lines and incidental purposes originally
granted in 1955 to the Palm Springs Water Company (now the Desert Water
Agency) for a period of 50 years, which expired last year. The existence of the
Item No. RA2.
Community Redevelopment Agency Staff Report
(March 15, 2006) -- Page 2
(Easement to DWA)
water line on the property without an easement creates an illegal trespass for the
BIA's purposes, which jeopardizes the exchange. The problem can be corrected,
of course, by the Agency as current property owner extending the easement (on
this parcel only) for a period of 50 years, running with the land. The Solicitor will
sign off on the easement, once recorded, and the exchange should close within a
few days after.
a
FISCAL IMPACT: IFinance Director Review: ;
J H S. RAY vl ND TOM WILSO
I ' ctor of Co unity & Assistant City Manager
Economic Development
David H. Ready, Exec hector
,Attachments: 1. Resolution
2. Easement for Water Lines and Incidental Purposes
(to be provided)
RESOLUTION NO.
OF THE COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF PALM SPRINGS
EXTENDING AN EASEMENT FOR WATER
PIPELINES AND INCIDENTAL PURPOSES TO
THE DESERT WATER AGENCY ON A 4.96
GROSS ACRE COMMUNITY REDEVELOPMENT
AGENCY-OWNED PARCEL AT THE NORTHWEST
CORNER OF SUNRISE WAY AND TAHQUITZ
CANYON WAY, REFERRED TO AS APN 508-070-
042, FOR A PERIOD OF 50 YEARS
WHEREAS, the Community Redevelopment Agency of the City of Palm Springs,
California ("Agency") is constituted under the Community Redevelopment Law
(California Health and Safety Code Section 33000 et. seq.) to carry out the purpose as
the redevelopment in the City of Palm Springs ("the City"); and
WHEREAS, Section 33430 of the Community Redevelopment Law allows that an
agency may, "for purposes of redevelopment, sell, lease, for a period not to exceed 99
years, exchange, subdivide, transfer, assign, pledge, encumber by mortgage, deed of
trust, or otherwise, or otherwise dispose of any real or personal property or any interest
in property;" and
NOW, THEREFORE, BE IT RESOLVED by the Community Redevelopment Agency of
the City of Palm Springs as follows:
SECTION 1. The Easement for Water Pipelines and Incidental Purposes to the Desert
Water Agency on a 4.96 acre Agency-owned parcel at the northwest
corner of Tahquitz Canyon Way and Sunrise Way, referred to as APN
508-070-042 and included herein by this reference, for a period of 50
• years, is hereby approved.
SECTION 2. The Executive Director of the Agency, and/or his designee, is authorized
to execute all necessary documents, in a form approved by the Agency
Counsel.
ADOPTED this day of , 2006.
AYES:
NOES:
ABSENT:
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALM SPRINGS, CALIFORNIA
By
Assistant Secretary Chairman
REVIEWED & APPROVED