Loading...
HomeMy WebLinkAboutA4523 - AGUA CALIENTE BELARDO BRIDGE MOU DOC # 2010-0353606 RECORDING REQUESTED BY: 07/29/2010 08:00A Fee:NC Page 1 of 7 CITY OF PALM SPRINGS Recorded in Official Records County of Riverside AND WHEN RECORDED MAIL TO: Larry W. Ward Assessor, County Clerk & Recorder CITY OF PALM SPRINGS 111111111111111111111111111111111111111 PPO ALM SPRINGS, CA 92262 ATTN: OFFICE OF THE CITY S R U PAGE SIZE DA MISC LONG RFD COPY CLERK M A L 465 426 PCOR NCOR SMF CHG EXAM Filing Fee EXEMPT per Government Code 6103 ` 1C �l]� N T: CTY UNI 14► GRANT OF EASEMENT C for �10 PUBLIC ROAD AND PUBLIC UTILITY PURPOSES FOR BELARDO ROAD IN SECTION 22 , T.4N , R.4. E. between THE BUREAU OF I N DIAN AFFAIRS, DEPARTMENT OF INTERIOR, UNITED STATES OF AMERICA (B.I.A. R/W FILE NO. 375-701 ) and THE CITY OF PALM SPRINGS, CALIFORNIA (FILE NO. R 09-021 D) THIS AREA FOR RECORDER ' S USE ONLY THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fees Applies) ALLOTTED NO.: PS-119B R/W FILE NO.: 375-701 GRANT OF EASEMENT The United States of America, acting by and through the Superintendent, Palm Springs Agency, Bureau of Indian Affairs, Department of the Interior, Palm Springs, California, hereinafter referred to as "Grantor", 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), and pursuant to the provisions of the Act of February 5, 1948 (62 Stat. 17, 25 U.S.C. § 323-328), for valuable consideration, the receipt of which is hereby acknowledged, and such consents as required by the above said federal law having been secured, hereby grants to: THE CITY OF PALM SPRINGS, a California corporate body, public and politic, and its successors and assigns, hereinafter referred to as "Grantee", an easement and right-of-way for purposes of: PUBLIC ROAD AND PUBLIC UTILITY PURPOSES In, over, under, across, along and upon lands located in the City of Palm Springs, County of Riverside, State of California, and legally described as: That certain portion of the North Half of the Northeast Quarter of the Southeast Quarter of the Northeast Quarter of Section 22, Township 4 South, Range 4 East, San Bernardino Meridian, located within the city of Palm Springs, County of Riverside, State of California, being more particularly described as follows: AS DESCRIBED ON EXHIBITS "A" AND "B" ATTACHED HERETO AND BY ITS REFERENCE MADE A PART HEREOF AND more particularly shown and delineated on the accompanying map, Exhibits "A" and "B" incorporated herein by this reference. Said easement contains approximately 11,613 square feet or 0.27 acres, more or less. This easement is subject to: A) Any valid existing right or adverse claim: B) The applicable terms and conditions contained in Part 169, Title 25, of the Code of Federal Regulations, including the agreement in the stipulations filed pursuant to Section 169.5 of that Part. 1 I I�IIII IIII��I IIII IIIIII IIII IIII�I II�II III IIII�IIII I II 071231 10 0 of 08:90R This easement is without limitation as to tenure and is subject to any valid existing rights to adverse claim so long as said easement shall be actually used for the purpose above specified; PROVIDED HOWEVER: that this easement shall be terminable in whole or in part by the Grantor for any of the following causes upon 30 days written notice and failure of the Grantee within said notice period to correct the basis for termination: A) Failure to comply with any term of condition of the grant or the applicable regulations contained in Part 169, Title 25 of the Code of Federal Regulations; B) A nonuse of the right-of-way for a consecutive two-year period for the purpose for which it was granted; C) An abandonment of the right-of-way; D) Failure of the Grantee, upon the completion of construction, to file with the Grantor an affidavit of completion pursuant to 25 C.F.R. 169.16. The conditions of this easement shall extend to and be binding upon and shall insure to the benefit of the heirs, representatives, successors and assigns of the Grantee. IN WITNESS WHEREOF, Grantor had first executed this easement on 9th day of DULY , 20 10 THE UNITED STATES OF AMERICA The Secrets of the Interior Superintendent, Pal prings Agency Bureau of Indian Affairs 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). 2 I IIII IIII�I IIII III I�II�IIII III �) p7l � f0 78�09Fi IIIIIIII�IIIIIIIIIIIIII _ _ _ - _. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Californi County of dd On 4/- before me, Zg;�41/1 A"- Date Her Inser ame an Title of the Officer personally appeared Nam of Syr(9) who proved to me on the basis of satisfactory evidence to be the persons whose name isAw&subscribed to the within instrument and ac nowledged to me that he1<sh tey-executed the same in hisA4e4haix authorized capacityn and that by hisA%,W# 4 signatureeo on the CLAUDIA A. SALGADO instrument the person or the entity upon behalf of Commission # 1766729 which the personacted, executed the instrument. r► Notary Public -California Riverside County Comm. ount 2011 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my an fici eal. Signature /0,7 Place Notary Seal Above nat re of o r uh OPTIONAL Though the information below is not required by law, 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 Docume t + Title or Type of Document: - Document Date: 0 0&ZIQ Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Si ner's Name: Signer's Name:_ Individual ❑ Individual Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General _ _ LJ Partner—❑ Limited ❑ General Attorney in Fact • ❑Attorney in Fact • ❑ Trustee Top of thumb here I I Trustee Top of thumb here ❑ Guardian or Conservator F] Guardian or Conservator 1 Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02007 National Notary Association-9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402•www.NationalNotaryorg Item#5907 Reorder:Call Toll-Free 1-800-876-6827 IN 07/29/2010 �> f 7$ aOR EXHIBIT A APN 513-250-020 RIGHT-OF-WAY Being a portion of the North Half of the Northeast Quarter of the Southeast Quarter of the Northeast Quarter of Section 22, Township 4 South, Range 4 East, San Bernardino Meridian, according to the official plat thereof, lying within Riverside County, California, being more particularly described as follows: Beginning at the southwest corner of said North Half; Thence North 00°21'57" East, along the west line of said North Half, a distance of 290.45 feet to a line parallel with and 44.00 feet southerly of the north line of said North Half; Thence South 89136'20" East, along said parallel line, a distance of 40.00 feet to a line parallel with and 40.00 feet easterly of the west line of said North Half; Thence South 00021'57" West, along said parallel line, a distance of 290,18 feet to the south line of said North Half; Thence North 89159'58" West, along said south line, a distance of 40.00 feet to the Point of Beginning. The above-described parcel of land contains 11,613 square feet or 0.27 acres, more or less. All as shown on the map attached herewith as Exhibit B, and by reference to, made a part hereof. SAND SURL�l O� DARRIN R GINN No.7075 Exp.12/31/10 * SF P 9TF OF Darrin P. Ginn, PLS 7075 Date EXP. 12/31/10 Prepared for and on behalf of SC Engineering PAGE 1 OF 1 IIIIIIIIIII��IIIIIIIIIIIIIIIIIII�III��IIIIIIIIIIIIII�II 0� 29�59 f�7S�60R EXHIBIT Q SUNNY G/�fl u kV DUNES RD APN NORTH LINE N1 2, NE 1/4, SITE 513-250-029 SE 114, NE 114, SEC 22, T45, R4E, S6 SUNNY DUNES ROAD _ E MESQUITE �rS8936'20"E a o A VE WEST LINE N11A NE 1/4, , 40.00, Q SE 1/4, NE 1/4, SEC 22, 44 T4S, R4E, SBM ?EA N `N MORONGO RD t11,613 SF, a 40 t0.27 ACRES �n SONORA RD a APN �G 513-250—020 W CINI a MAP NT5 POINT QF N8959'S8"W BEGINNING 40.00 SOUTH LINE N1 2, NE 114, SW COR N1/2, NE 'A SE 1/4, NE 114, SEC 22,�E 1/4, NE 1/4, SEC 22, � APN T4S, R4E S8 45, R4E, SBM 513—250—04 7 N APN Q 0 513-250-024 ot APN 513-250--046 40' �c�ED LAND SURL ` v DARRIN P. GINN 40' No. 7075 APN 513-250-014 Exp. 12/31/10 iK �TgTE OF CAL1F���� MESQUITE A VE 8rz5 09 DARRIN P. GINN, LS 7075 DA TE EXP 12/31/10 PREPARED FOR AND ON BEHALF OF SC ENGINEERING DARRIN P. GINN, PE, PLS RI GH T-OF-WA Y 18506 COCQUI ROAD OWNER: UNITED STATES OF AMERICA A.P.N.: 513-250---020 APPLE VALLEY, CA 92307 PH: 760-553--6223 DATE: 812512009 DRAIN BY.• DPG SH T! OF!•_ I IIIIII�IIIIII IIII IIIIII IIII I�IIII IIII III Hill lill 1111 as019 a f'�®seea �,qp1.M S,p City of halm Springs Office of the City Clerk 3200 E.Tahquitz Canyon Way • Palm Springs,California 92262 Tel: (760) 323-8204 • Fax: (760) 322-8332 • Web: www.palrrispringsca.gov 11F0 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by GRANT OF EASEMENT FOR PUBLIC ROAD AND PUBLIC UTILITY PURPOSES FOR BELARDO ROAD IN SECTION 22, TAN, RA.E. FILE NO. R 09-021 D dated: July 9, 2010 from, s m The Bureau of Indian Affairs, Department of the Interior, United States of America �@ W Grantor, to the City of Palm Springs, a municipal corporation and charter city, Grantee, is o mr hereby accepted by the City Clerk of said City of Palm Springs, on this 26th day of July, 2010, pursuant to authority granted by the City Council of said City, by Resolution No. 20255 made on the 16th day of January, 2002, and the Grantee consents to recordation thereof by the City Clerk, its duly authorized officer. Dated at Palm Springs, California, this 26th day of July, 2010. MES THOMPSON City Clerk Post Office Box 2743 Palm Springs, California 92263-27/4 3 07/29/2010 08:00A Fee:NC Page 1 of 8 RECORDING REQUESTED BY. Recorded in Official Records County of Riverside CITY OF PALM SPRINGS Larry W. Ward Assessor, County Clerk 8 Recorder AND WHEN RECORDED MAIL TO: CITY OF PALM SPRINGS i IIIIII IIIIIII IIII IIIIII IIII IIIIII IIIII III IIIII IIII IIII PO BOX 2743 PALM SPRINGS,CA 92262 S R U PAGE SIZE DA MISC LONG RFD COPY ATTN: OFFICE OF THE CITY CLERK M A L 465 426 PCOR NCOR SMFEUNI EXAM T: CTY Filing Fee EXEMPT per Government Code 6103 .. -.-- GRANT OF EASEMENT C �,0 for PUBLIC ROAD AND PUBLIC UTILITY PURPOSES FOR BELARDO ROAD IN SECTION 22 , T.4N , R.4. E. between THE BUREAU OF I N DIAN AFFAIRS, DEPARTMENT OF INTERIOR, UNITED STATES OF AM ERICA (B.I.A. R/W FILE NO. 375-700) and THE CITY OF PALM SPRINGS, CALIFORNIA (FILE NO. R 09-021 Q THIS AREA FOR RECORDER ' S USE ONLY THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fees Applies) ALLOTTED NO.: PS-T17CB RM FILE NO.: 375-700 GRANT OF EASEMENT The United States of America, acting by and through the Superintendent, Palm Springs Agency, Bureau of Indian Affairs, Department of the Interior, Palm Springs, California, hereinafter referred to as "Grantor", 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), and pursuant to the provisions of the Act of February 5, 1948 (62 Stat. 17, 25 U.S.C. § 323-328), for valuable consideration, the receipt of which is hereby acknowledged, and such consents as required by the above said federal law having been secured, hereby grants to: THE CITY OF PALM SPRINGS, a California corporate body, public and politic, and its successors and assigns, hereinafter referred to as "Grantee", an easement and right-of-way for purposes of: PUBLIC ROAD AND PUBLIC UTILITY PURPOSES In, over, under, across, along and upon lands located in the City of Palm Springs, County of Riverside, State of California, and legally described as: PARCEL 1: That certain portion of the West Half of the Southeast Quarter of the Northeast Quarter of Section 22, Township 4 South, Range 4 East, San Bernardino Meridian, located within the City of Palm Springs, County of Riverside, State of California, being more particularly described as follows: PARCEL 2: That certain portion of the West Half of the Southeast Quarter of the Northeast Quarter of Section 22, Township 4 South, Range 4 East, San Bernardino Meridian, located within the City of Palm Springs, County of Riverside, State of California, being more particularly described as follows: AS DESCRIBED ON EXHIBITS "A" AND "B" ATTACHED HERETO AND BY ITS REFERENCE MADE A PART HEREOF AND more particularly shown and delineated on the accompanying map, Exhibits "A" and "B" incorporated herein by this reference. 1 IIIIIII�IIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 072�tA9 £' P, Said easement contains approximately 26,442 square feet or 0.61 acres, more or less for PARCEL 1 and approximately 4,935 square feet or 0.11 acres, more or less for PARCEL 2. This easement is subject to: A) Any valid existing right or adverse claim: B) The applicable terms and conditions contained in Part 169, Title 25, of the Code of Federal Regulations, including the agreement in the stipulations filed pursuant to Section 169.5 of that Part. This easement is without limitation as to tenure and is subject to any valid existing rights to adverse claim so long as said easement shall be actually used for the purpose above specified; PROVIDED HOWEVER: that this easement shall be terminable in whole or in part by the Grantor for any of the following causes upon 30 days written notice and failure of the Grantee within said notice period to correct the basis for termination: A) Failure to comply with any term of condition of the grant or the applicable regulations contained in Part 169, Title 25 of the Code of Federal Regulations; B) A nonuse of the right-of-way for a consecutive two-year period for the purpose for which it was granted; C) An abandonment of the right-of-way; D) Failure of the Grantee, upon the completion of construction, to file with the Grantor an affidavit of completion pursuant to 25 C.F.R. 169.16. The conditions of this easement shall extend to and be binding upon and shall insure to the benefit of the heirs, representatives, successors and assigns of the Grantee. IN WITNESS WHEREOF, Grantor had first executed this easement on ibth day of JOLY , 20 10 THE UNITED STATES OF AMERICA The Secretary of,the Interior m. .7 _— Superintendent, Palm Springs Agency Bureau of Indian Affairs 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). 2 1 IIIIII 1111111 IN IIIIII IIII IIIIII 11111 III IIIII IIII INe�23/219 O5W 008 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Califor County of On a 7 Q - 69 before me, LM Date ere n t ame p1 i c r personally appeared Name(s)of e s who proved to me on the basis of satisfactory evidence to be the perso"whose name fs/a;s subscribed to the within instrument and acknowledged to me that hefsFref#+i executed the same in hisierAbeir-authorized capacity�jas'j and that by hisRaeril eir signatures an the O'mCLAUDIA A. SA"ZoLGADO instrument the person w, or the entity upon behalf of Commission # 1766729 IL which the perso acted, executed the instrument. •* Notary Public -California : •r Riverside County I certify under PENALTY OF PERJURY under the laws MVC01M.EX02007.20111 of the State of California that the foregoing paragraph is true and correct. WITNESS my h and icial eal. Signature IA'l All! Place Notary Seal Above i t re of OPTIONAL Though the information below is not required by law, 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 Title or Type of Document: 11 jaA j AJ_ /5/1"'X lk- Document Date: /1 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) KSi ner's Name: Signer's Name: Individual El Individual Corporate Officer—Title(s): Ll Corporate Officer—Title(s): I I Partner--❑ Limited ❑ General _ _ _ ❑ Partner--❑ Limited ❑ General ❑ Attorney in Fact • ❑Attorney in Fact • ❑ Trustee Top of thumb here L Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other; Signer Is Representing: Signer Is Representing: 02007 National Notary Association•9350 Do Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 I IIIIII IIIIIII I��I III�II IIII IIII�I��III III I�III III IIII 07 2 st4�f � � 8�0QA EXHIBIT A APN 513-250-024 RIGHT-OF-WAY Parcel 1 Being a portion of the West Half of the Southeast Quarter of the Northeast Quarter of Section 22, Township 4 South, Range 4 East, San Bernardino Meridian, according to the official plat thereof, lying within Riverside County, California, being more particularly described as follows: Beginning at the northeast corner of said West Half; Thence South 00"21'57" West, along the east line of said West Half, a distance of 661.03 feet to the south line of the North Half of said West Half; Thence North 89°38'23" West, along said south line, a distance of 40.00 feet to a line parallel with and 40.00 feet westerly of the east line of said West Half; Thence North 001121'57" East, along said parallel line, a distance of 661.06 feet to the north line of said West Half; Thence South 89°36'20" East, along said north line, a distance of 40.00 feet to Point of Beginning. The above-described parcel of land contains 26,442 square feet or 0.61 acres, more or less. Parcel 2 Being a portion of the West Half of the Southeast Quarter of the Northeast Quarter of Section 22, Township 4 South, Range 4 East, San Bernardino Meridian, according to the official plat thereof, lying within Riverside County, California, being more particularly described as follows: Commencing at the southeast corner of said West Half; Thence North 89040'27" West, along the south line of said West Half, a distance of 40.00 feet to the Point of Beginning; Thence North 89040'27" West, continuing along said south line, a distance of 203.40 feet; Thence North 00019'33" East, leaving said south line, a distance of 17.27 feet:. Thence North 86033'15" East, a distance of 193.05 feet; PAGE. 1 OF 2 I II�III I�IIIII IIII IIIIII IIII IIII�I�IIII III IIIII IIII I 07 ��& &08:G&A 5of8 Thence North 43027'37" East, a distance of 15.79 feet to a line parallel with and 40.00 feet westerly of the east line of said West Half; Thence South 00021'57° West, along said parallel line, a distance of 41.49 feet to the Point of Beginning. The above-described parcel of land contains 4,935 square feet or 0.11 acres, more or less. All as shown on the map attached herewith as Exhibit B, and by reference to, made a part hereof. LAND _'[T 0 QARRIN P.GINN Na.7075 Exp.12/31/10 Darrin P. Ginn, PLS 7075 Date 10 Prepared f /or and on behalf of SC Engineering F OF CANY-o'. PAGE 2 OF 2 1111 IN07 '9 £� $g�O&A SUNNI EXHIBIT B DUNES RD NORTH LINE W1/2, APN PAR 1 SE 1/4, NE 1/4, SEC 22, 513-250-029 T451 R4E, SBM S89 36'20"E PAR 2 cr- 40.00' SUNNY DUNES a z E MESQUITE i .': ► ROAD a A VE 40' PARCEL 1 ZE "NE COR W112, CD MORONGO RD SE 1/4, NE 1/4, oL a o SEC 22, T4S, R4E, SONORA RD SBM 1 APN AREA 513-250-�-020 VICININTY MAP_ TS PARCEL 1 ±26,442 Sr, -"' ) f 0.61 A CRES Cn) o APN z 513-250-047 40' EAST LINE W1/2, ~ SE 114, NE 1/4, N SEC 22, T4S, R4E APN SBM a 513-250-024 � �. N8938'23"W SOUTH LINE N1/2, 40.00' Wi/2, SE 1/4, NE 'A p SEC 22, T4S, R4E, SBM LINE DATA NO BEARING LENGTH m �I 513-APN 046 1 N89'40 27 W 2 N89'40 27 W 203.40 40' 3 NO719 33 E 17. 7 �( 4 667J 15 E 193.05 0 - �•' 5 N43'27 37 E. 15.79 6 500'2157 W 41,4 , I AREA 40' SOUTH LINE W1/2, PARCEL2 APN SE 1/4, NE 1/4, ±4,935 SF, 513-250-014 SEC 22, T4S, R4E, f 0.11 ACRES SBM ��D 4� MESQUITE A VE © DARRIN P. GINN POBPARCEL Poc D 7075 2 PARCEL 2 Exp. 12/31/t 0 0.1 SE COR W112, DARRIN P. GINN, LS 7075 DATE SE 'AN 1/4, sy9r �s EXP 12131110 SECSBM 22, T4S, R4E F OF PREPARED FOR AND ON BEHALF OF SC ENGINEERING DARRIN P. GINN, PE, PLS RIGHT-OF-WAY 18506 COCQUI ROAD OWNER: USA BUREAU OF INDIAN AFFAIRS A.P.N.: 513-250--024 APPLE VALLEY, CA 92307 PH: 760--553-6223 DATE: 8/27/2009 DRAWN BY: DPG SF1T 1 OF 1 11111111I�III IIIII1II C010-0353605 7 of 8 qP LM S Cityof PalmSprings V N Office of the City Clerk * �q 3200 P. Ialiquitz Canyon Way • Pali Springs, California 92.262 R (+ P• Tel: (760) 323-8204 • Fax: (760)322-8332 • Web: www.palmspringsca.gov 'g41FORNA CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by GRANT OF EASEMENT FOR PUBLIC ROAD AND PUBLIC UTILITY PURPOSES FOR BELARDO ROAD IN SECTION 22, TAN, RA.E. FILE NO. R 09-021 C dated: July 16, 2010 from, The Bureau of Indian Affairs, Department of the Interior, United States of America Grantor, to the City of Palm Springs, a municipal corporation and charter city, Grantee, is li+m hereby accepted by the City Clerk of said City of Palm Springs, on this 26th day of July, m� 2010, pursuant to authority granted by the City Council of said City, by Resolution No. N 20255 made on the 16th day of January, 2002, and the Grantee consents to recordation thereof by the City Clerk, its duly authorized officer. Dated at Palm Springs, California, this 26th day of July, 2010. .R, MES THOMPSON City Clerk Post Office Box 2743 • Palm Springs, California 92263-2743 DOC # 2010-0353604 07/29/2010 08:00A Fee:NC RECORDING REQUESTED BY: Page 1 of 7 Recorded in official Records CITY OF PALM SPRINGS County of Riverside Larry W. Ward AND WHEN RECORDED MAIL TO: Assessor, County Clerk & Recorder AL P OX23MSPRINGS O 4 111111111111111111111111111111111111111 PALM SPRINGS, CA 92262 ATTN: OFFICE OF THE CITY S R L U PAGE SIZE DA MISC LONG RFD COPY CLERK EXAM M A L 465 426 PCOR NCOR SMF CHG Filing Fee EXEMPT per Government Code 6103 ' c" T: CTY UNI GRANT OF EASEMENT for � TEMPORARY CONSTRUCTION PURPOSES FOR BELARDO ROAD IN SECTION 22 , T.4N, R.4. E. 1910 between THE BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF INTERIOR, UNITED STATES OF AMERICA (B.I.A. R/W FILE NO. 370-1 -72) and THE CITY OF PALM SPRINGS, CALIFORNIA (FILE NO. R 09-021 B) THIS AREA FOR RECORDER ' S USE ONLY THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fees Applies) ALLOTTED NO.: PS-119B RM FILE NO.: 370-1-72 GRANT OF EASEMENT The United States of America, acting by and through the Superintendent, Palm Springs Agency, Bureau of Indian Affairs, Department of the Interior, Palm Springs, California, hereinafter referred to as "Grantor", 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), and pursuant to the provisions of the Act of February 5, 1948 (62 Stat. 17, 25 U.S.C. § 323-328), for valuable consideration, the receipt of which is hereby acknowledged, and such consents as required by the above said federal law having been secured, hereby grants to: THE CITY OF PALM SPRINGS, a California corporate body, public and politic, and its successors and assigns, hereinafter referred to as "Grantee", an easement and right-of-way for purposes of: TEMPORARY CONSTRUCTION In, over, under, across, along and upon lands located in the City of Palm Springs, County of Riverside, State of California, and legally described as: That certain portion of the North Half of the Northeast Quarter of the Southeast Quarter of the Northeast Quarter of Section 22, Township 4 South, Range 4 East, San Bernardino Meridian, located within the city of Palm Springs, County of Riverside, State of California, being more particularly described as follows: AS DESCRIBED ON EXHIBITS "A" AND "B" ATTACHED HERETO AND BY ITS REFERENCE MADE A PART HEREOF AND more particularly shown and delineated on the accompanying maps, exhibits "A" and "B" incorporated herein by this reference. Said easement contains approximately 3,192 square feet or 0.07 acres, more or less. This easement is subject to: A) Any valid existing right or adverse claim: B) The applicable terms and conditions contained in Part 169, Title 25, of the Code of Federal Regulations, including the agreement in the stipulations filed pursuant to Section 169.5 of that part. 1 IIIIIIIIII IIIIIIIINIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIN 07 '2920 f����19@R This easement will terminate within 24 months as to tenure and is subject to any valid existing rights to adverse claim so long as said easement shall be actually used for the purpose above specified; PROVIDED HOWEVER: that this easement shall be terminable in whole or in part by the Grantor for any of the following causes upon 30 days written notice and failure of the Grantee within said notice period to correct the basis for termination: A) Failure to comply with any term of condition of the grant or the applicable regulations contained in Part 169, Title 25 of the Cade of Federal Regulations; B) A nonuse of the right-of-way for a consecutive two-year period for the purpose for which it was granted; C) An abandonment of the right-of-way; D) Failure of the Grantee, upon the completion of construction, to file with the Grantor an affidavit of completion pursuant to 25 C.F.R. 169.16. The conditions of this easement shall extend to and be binding upon and shall insure to the benefit of the heirs, representatives, successors and assigns of the Grantee. IN WITNESS WHEREOF, Grantor had first executed this easement on 9th day of JIILY , 20 10 THE UNITED STATES OF AMERICA The Secretary of the Interior ­-7 � Superintendent, Palm Springs Agency Bureau of Indian Affairs 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). 2 IIIIIIIIIIIIIIII�IIIIIIIIIIIIIIIIIII�IIIIII�IIIIIIIIIII 07 29t�0 f� 8Q60A CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Californi County of On ma� before me, zv Date Zere2rTN Me an dle f e 0 icer personally appeared Nam ( f i er s) who proved to me on the basis of satisfactory evidence to be the person 'whase name islare subscribed to the within instrument and acknowledged to me that he#,OteA49y executed the same in hisAie#tIgek authorized capaci", and that by hisAw##ieir signature;(a'f on the CLAUDIA A. SALGADO instrument the person/W, or the entity upon behalf of Commission # 1766129 which the person Xacted, executed the instrument. -s Notary Public -California Riverside County I certify under PENALTY OF PERJURY under the laws Comm iresOct7.201) of the State of California that the foregoing paragraph is true and correct. WITNESS my h nd off' 'al seal. Signature Place Notary Seal Above Signst4reFof Notary Public OPTIONAL Though the information below is not required by law, 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 Title or Type of Document: �,& `/U yJ Document Date: U Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Xner's Name: Signer's Name: Individual ElIndividual Corporate Officer—Title(s): _.I Corporate Officer----Title(s): I I Partner—Ll Limited ❑ General _ _ ❑ Partner—❑ Limited ❑ General WOMAN Attorney in Fact • El Attorney in Fact • El Trustee El Trustee Top of thumb here Top of thumb here Guardian or Conservator I:I Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: (D2007 National Notary Association•9350 Oa Soto Ave.,PO.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotaryorg Item#5907 Reorder:Call Toll-Free 1-800-876.6827 IIIIII IIIII�I IIII����������III�II IIIII III Hill 11111111 � ���� of' �8���� EXHIBIT A APN 513-250-020 TEMPORARY CONSTRUCTION EASEMENT Being a portion of the North Half of the Northeast Quarter of the Southeast Quarter of the Northeast Quarter of Section 22, Township 4 South, Range 4 East, San Bernardino Meridian, according to the official plat thereof, lying within Riverside County, California, being more particularly described as follows: Commencing at the southwest corner of said North Half; Thence South 89059'58" East, along the south line of said North Half, a distance of 40.00 feet to a line parallel with and 40.00 feet easterly of the west line of said North Half, being the Point of Beginning; Thence North 001121'57" East, along said parallel line, a distance of 290.18 feet to a line parallel with and 44.00 feet southerly of the north line of said North Half; Thence South 89036'20" East, along said parallel line, a distance of 11.00 feet to a line parallel with and 51.00 feet easterly of the west line of said North Half; Thence South 00021'57" West, along said parallel line, a distance of 290.10 feet to the south line of said North Half; Thence North 89059'58" West, along said south line, a distance of 11.00 feet to Point of Beginning. The above-described parcel of land contains 3,192 square feet or 0.07 acres, more or less. All as shown on the map attached herewith as Exhibit B, and by reference to, made a part hereof. LAND S�RL�1- v 0 DARRIN P.GINN No,7075 Exp. 12131/10 P qTF p��py1F�� Darrin P. Ginn, PLS 7075 Date EXP. 12/31/10 Prepared for and on behalf of SC Engineering PAGE 1 OF 1 IIIIIIIIIIII IN 11111111111111111111111111111111111111111111111111111 07 2�/�0of50200R EXHIBIT B SUNNY DUNES RD APN NORTH LINE N1 2, NE 1/4, SITE 513-250-029 SE 1/4, NE 114, SEC 22, T4S, R4E, SB SUNNY DUNES ROAD z E MESQUITE S89 36 20 E- -S89 36 20 E a o AVE a WEST LINE N1/2, NE 1/4, 40.00' 011.00 44' SE 1/4, NE 1/4, SEC 22, CIS T4S, R4E, SBMM N � MORONGO RD 4 AREA 0,�I 4 11 TCE t3,192 SF, vt SONORA RO wo _ t0.07 ACRES POINT OF COMMENCEMENT ZN o 513-250 020 yQUITY MAP SW COR N1/2, NE 1�4, NTS SE 1/4, NE 1/4, SEC 22, N89*5� '58"W T4S, R4E, SBM S8959 58 E 11.00 SOUTH LINE N] 2, NE 1/4, 40.00' SE 114, NE 114, SEC 22, 40• T4S,R4E, SB POINT OF 2 I BEGINNING Z , APN 513-250--047 i►` 1 I � � NNa APN Q C 513-250-024 APN 513-250-046 n7 �� 40' �j I PNp S(� L v DARRIN P. GINN 40' VC APN No. 7075 513-250-014 Exp. 12/31/10 * �F �TgTf OF CA0 Va���P MESQUITE AVE Oa—, P (�"- 61 zs o 9 DA RIN P. GINN, LS 7075 DATE EXP 12131110 PREPARED FOR AND ON BEHALF OF SC ENGINEERING DARRIN P. GINN, PE, PLS TEMPORARY CONSTRUCTION EASEMENT 18506 COCQUI ROAD OWNER: UNITED STATES OF AMERICA A.P.N.: 513-250--020 APPLE VALLEY, CA 92307 PH. 760-553-6223 DATE: 8/25/2009 DRAIN BY.' DPG 7 SH T—L OF I 1111111 IN 111111 lill 1111111111111111111 lill lill 41 ����BQ��R Q A4M Sio City of Palm Springs Office of the City Clerk 3200 E.Tahquitz Canyon Way • Palm Springs,California 92262 e+ P Tel: (76o) 323-8204 • Pax: (760) 322-8332 • Web: www.paloispringsca.gov '9</FORN� CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by GRANT OF EASEMENT FOR TEMPORARY CONSTRUCTION PURPOSES FOR BELARDO ROAD IN SECTION 22, TAN, RA.E. FILE NO. R 09-021 B dated: July 9, 2010 from, The Bureau of Indian Affairs, Department of the Interior, United States of America m �m Grantor, to the City of Palm Springs, a municipal corporation and charter city, Grantee, is �- hereby accepted by the City Clerk of said City of Palm Springs, on this 26th day of July, CU m'n 2010, pursuant to authority granted by the City Council of said City, by Resolution No. ' 20255 made on the 16th day of January, 2002, and the Grantee consents to recordation thereof by the City Clerk, its duly authorized officer. Dated at Palm Springs, California, this 26th day of July, 2010. THOMPSON >MES y Clerk Post Office Box 2743 Palm Springs, California 92263-2743 RECORDING REQUESTED BY: DOC # 2010-0353603 07/29/2010 08:00A Fee:NC CITY OF PALM SPRINGS Page 1 of 8 Recorded in Official Records AND WHEN RECORDED MAIL TO: County of Riverside Larry W. Ward CITY OF PALM SPRINGS Assessor, County Clerk 8 Recorder PALM SPRINGS, CA 92262 111111111111111111111111111111111111111 IIIIIIIIIIIIIIII ATTN: OFFICE OF THE CITY - — CLERK S R U PAGE SIZE DA MISC LONG RFD COPY I - Filing Fee EXEMPT per Government Code 6103 M11 A L 465 426 PCOR NCOR SMF NCH EXAM CTY UNI ,� GRANT OF EASEMENT ,�- for TEMPORARY CONSTRUCTION PURPOSES ego FOR BELARDO ROAD IN SECTION 22 , T.4N , R.4. E. between THE BUREAU OF I N DIAN AFFAIRS, DEPARTMENT OF INTERIOR, UNITED STATES OF AM ERICA (B.I.A. R/W FILE NO. 370-1 -71 ) and THE CITY OF PALM SPRINGS, CALIFORNIA (FILE NO. R 09-021 A) THIS AREA FOR RECORDER ' S USE ONLY THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fees Applies) ALLOTTED NO.: PS-T17CB R/W FILE NO.: 370-1-71 GRANT OF EASEMENT The United States of America, acting by and through the Superintendent, Palm Springs Agency, Bureau of Indian Affairs, Department of the Interior, Palm Springs, California, hereinafter referred to as "Grantor", 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), and pursuant to the provisions of the Act of February 5, 1948 (62 Stat. 17, 25 U.S.C. § 323-328), for valuable consideration, the receipt of which is hereby acknowledged, and such consents as required by the above said federal law having been secured, hereby grants to: THE CITY OF PALM SPRINGS, a California corporate body, public and politic, and its successors and assigns, hereinafter referred to as "Grantee", an easement and right-of-way for purposes of: TEMPORARY CONSTRUCTION In, over, under, across, along and upon lands located in the City of Palm Springs, County of Riverside, State of California, and legally described as: That certain portion of the West Half of the Southeast Quarter of the Northeast Quarter of Section 22, Township 4 South, Range 4 East, San Bernardino Meridian, located within the City of Palm Springs, County of Riverside, State of California, being more particularly described as follows: AS DESCRIBED ON EXHIBITS "A" AND "B" ATTACHED HERETO AND BY ITS REFERENCE MADE A PART HEREOF AND more particularly shown and delineated on the accompanying maps, exhibits "A" and "B" incorporated herein by this reference. Said easement contains approximately 68,133 square feet or 1.56 acres, more or less. This easement is subject to: A) Any valid existing right or adverse claim: B) The applicable terms and conditions contained in Part 169, Title 25, of the Code of Federal Regulations, including the agreement in the stipulations filed pursuant to Section 169.5 of that part. 1 I IIIIII IIIIIII IIII IIIIII IIII IIIIII IIIII III IIIII IIII IIII ��,�ete�£0$s�eeR This easement will terminate within 24 months as to tenure and is subject to any valid existing rights to adverse claim so long as said easement shall be actually used for the purpose above specified; PROVIDED HOWEVER: that this easement shall be terminable in whole or in part by the Grantor for any of the following causes upon 30 days written notice and failure of the Grantee within said notice period to correct the basis for termination: A) Failure to comply with any term of condition of the grant or the applicable regulations contained in Part 169, Title 25 of the Code of Federal Regulations; B) A nonuse of the right-of-way for a consecutive two-year period for the purpose for which it was granted; C) An abandonment of the right-of-way; D) Failure of the Grantee, upon the completion of construction, to file with the Grantor an affidavit of completion pursuant to 25 C.F.R. 169.16. The conditions of this easement shall extend to and be binding upon and shall insure to the benefit of the heirs, representatives, successors and assigns of the Grantee. IN WITNESS WHEREOF, Grantor had first executed this easement on 16thday of JULY 20 to THE UNITED STATES OF AMERICA The Secretary of the Interior Superintendent, Palm Sprl* gency Bureau of Indian Affairs 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). 2 I IIIIII 1111111 IN 111111 IN We'8!2 610�W O&A 3 of 8 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Califor County of On IM- before me, Date - H re In ame a Title OT f c personally appeared Name s)of Wngr(s who proved to me on the basis of satisfactory evidence to be the persoryW whose nameX isha;&subscribed to the within instrument and acknowledged to me that hefsheAWy executed the same in his4wWtheic authorized CLAUDIA A. SA4GAD0 capacity�jrss)' and that by hisgwdthaii"signature the Commission # 1766729 instrument the personfts'f, or the entity upon behalf of .•�* Notary Public -California which the person W acted, executed the instrument. Riverside County My CaM Oet7,2011 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my h Z1'1Si1gX11tUZr(e3f al. 4/A.,7 q0 Al Signature Place Notary Seal Abovetary Puhlic OPTIONAL Though the information below is not required by law,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 Doc t Title or Type of Document: 77 Document Date: ��� of _ Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claim d by Signer(s) l ner's Name: Signer's Name: Individual El Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General _ _ U Partner—❑ Limited ❑ General ❑ Attorney in Fact LJ Attorney in Fact - n Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator n Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: 02007 National Notary Association-9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 1111111111111111111111111111111111111111111111111111111 �01��f58��G®R EXHIBIT A APN 513-250-024 TEMPORARY CONSTRUCTION EASEMENT Being a portion of the West Half of the Southeast Quarter of the Northeast Quarter of Section 22, Township 4 South, Range 4 East, San Bernardino Meridian, according to the official plat thereof, lying within Riverside County, California, being more particularly described as follows: Commencing at the northeast corner of said West Half; Thence North 89036'20" West, along the north line of said West Half, a distance of 40.00 feet to a line parallel with and 40.00 feet westerly of the east line of said West Half, being the Point of Beginning. Thence South 00021'57" West, along said parallel line, a distance of 1280.62 feet; Thence South 43027'37" West, leaving said parallel line, a distance of 15.79 feet; Thence South 861133'15" West, a distance of 2.21 feet to a line parallel with and 53.00 feet westerly of the east line of said West Half; Thence North 001121'57" East, along said parallel line, a distance of 811.71 feet; Thence North 89038'03" West, leaving said parallel line, a distance of 11.92 feet to the beginning of a tangent curve, concave northeasterly, having a radius of 135.00 feet; Thence northwesterly along said curve through a central angle of 56045'43", an arc distance of 133.74 feet to the beginning of a tangent reverse curve, concave southwesterly, having a radius of 65.00 feet, an initial radial line bears North 57007'40° East; Thence northwesterly along said curve through a central angle of 57"57'25", an arc distance of 65.75 feet; .Thence South 8901015" West, a distance of 240.70 feet to the beginning of a tangent curve, concave southeasterly, having a radius of 160.00 feet; Thence southwesterly along said curve through a central angle of 71°26'37", an arc distance of 199.51 feet to the beginning of a tangent reverse curve, concave northwesterly, having a radius of 240.00 feet, an initial radial line bears South 72116'22" East; Thence southwesterly along said curve through a central angle of 17032'14", an arc distance of 73.46 feet to the west line of said West Half; Thence North 00017'22" East, along said west line, a distance of 170.64 feet to the beginning of a non-tangent curve, concave southeasterly, having a radius of 240.00 feet, an initial radial line bears North 50007'28" West; PAGE 1 OF 2 I�IIII IIII��I IIII III�II IIII IIIIII IIII III IIII IIII IIII 07 2915 6)o f 88:&&A Thence northeasterly along said curve through a central angle of 51°41'46", an arc distance of 216.54 feet; Thence South 881,25'42" East, a distance of 236.51 feet to the beginning of a tangent curve, concave southwesterly, having a radius of 135.00 feet; Thence southeasterly along said curve through a central angle of 55033'22", an arc distance of 130.90 feet to the beginning of a tangent reverse curve, concave northeasterly, having a radius of 65.00 feet, an initial radial line bears South 57007'40" West; Thence southeasterly along said curve through a central angle of 56045'43", an arc distance of 64.39 feet; Thence South 89038'03" East, a distance of 11.92 feet to a line parallel with and 53.00 feet westerly of the east line of said West Half; Thence North 001121'57" East, along said parallel line, a distance of 80.35 feet; Thence North 001153'11" East, leaving said parallel line, a distance of 330.26 feet to the north line of said West Half; Thence South 89036'20" East, along said north line, a distance of 10.00 feet to the Point of Beginning. The above-described parcel of land contains 68,133 square feet or 1.56 acres, more or less. All as shown on the map attached herewith as Exhibit B, and by reference to, made a part hereof. O I.ANp S[a RL ;Cj �O DARRIN P.GINN LI- p a, No.7075 CJ V 1 Pxp.12131110 Darrin P. Ginn, PLS 7075 Date EXP. 12/31/10 P Prepared for and on behalf of SC Engineering gTE of Cave°��, PAGE 2 OF 2 1111111111111 IN 111111111111111 11 1 111 III 1111111111111 07 01 p£�880d0R EXHIBIT B ISUNNY APN I DUNES RD NORTH LINE W1/2, POINT OF 513-250-029 SITE SE 1/4, NE 1/4, SEC 22, _d89 3¢'20"W T4S, R4E, SBM BEGINNING 40.00 ©' SUNNY DUNES ROAD E MESQUITE 0 0 WEST LINE W1/2, Z POINT OF AV£ SE 1/4, NE 1/4, SEC 22, T4S, ROE, 4 p, COMMENCEMENT NE CDR W1 2, =- SE 1/4, N 1/4, � MORONGO RD SEC 22, T4S, R4E, SONORA RD la la SBM ^�-ol 236.51'u Z. ci NINS APN I0 ® 5882542 £ O `� 513-250-020 P N TS 13' TCE w S8910'15"W 5 c�v ® 240,70' � APN `A ® 513--250-047 z 0) e �� l EAST LINE W1/2, APN ti,�`��• 513-250-024 40 SE 1/4, NE 1/4, N 4Y SEC SBM 22' T4S, ROE, N) DA TA TABLE 53' NO BEARING RADIUS LENGTH T S ' 7 37 W 15 Z2 cl� 2 S86 3315 W 2.21 „O 3 RD;39,037 11.9 4 56 45 43 135.00 133.74 ; 5 57 57 25 65,00 65.75 I APN fi 7126 37 16 .00 199.51 513-.250-046 7 " 240.0 8 1.41 6 240,006.54 40' G 9 55' 3 2 1135.00 130.90 13' TCE v' TO ' 65.00 43 11 S8938 03 11 a4' k w 12 N002157 E 80.35 „ � I .131 S89 36 2p E 1 .00 a o a APN z cca z 513-250-014 SOUTH LINE W1/2, SE 1/4, NE 1/4, SEC 22, �NVD T4S, R4E SBM �. FD SLR MESQUITE A VE �$ ®� O DARRIN P. GINN 8 Z"I p`� AREA No. 7075 DARRIN P. GINN, LS 7075 DATE f68,133 SF, Exp. 12/31/10 EXP 12131110 t 1.56 ACRES PREPARED FOR AND ON OF cAUFo� BEHALF OF SC ENGINEERING DARRIN P. GINN, PE, PLS TEMPORARY CONSTRUCTION EASEMENT 18506 COCQUI ROAD OWNER: USA BUREAU OF INDIAN AFFAIRS A.P.N.: 513-250-024 APPLE VALLEY, CA 92307 PH: 760--553-6223 DATE: 812712009 DRAWN BY: DPG SHT 1 OF 1 1111111111111111 Hill 111111111111 07���� �'4����R BALM S C-tty of Palm Springs Office of the City Clerk * 3200 E.Tahquitz Canyon Way • Palm Springs, Califorma 92262 ODRA7 (, Q. Tel:(760) 323-82O,1 0 lax: (760) 322-8332 • Web: www-palrnsUri-ngsca.gnv L I FO RNA CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by GRANT OF EASEMENT FOR TEMPORARY CONSTRUCTION PURPOSES FOR BELARDO ROAD IN SECTION 22, TAN, RA.E. FILE NO. R 09-021A dated: July 16, 2010 from, The Bureau of Indian Affairs, Department of the Interior, United States of America C2, 0 m 8 ry , Grantor, to the City of Palm Springs, a municipal corporation and charter city, Grantee, is v+ r= hereby accepted by the City Clerk of said City of Palm Springs, on this 26th day of July, Z 2010, pursuant to authority granted by the City Council of said City, by Resolution No. 20255 made on the 16th day of January, 2002, and the Grantee consents to recordation thereof by the City Clerk, its duly authorized officer. Dated at Palm Springs, California, this 26th day of July, 2010. ES THOMPSON ity Clerk Post Office Box 27/43 • Palm Springs, California 92263-27/13 Agua Caliente Belardo Bridge MOU AGREEMENT #4523 MEMORANDUM OF UNDERSTANDING M07109, 6-19-02 FOR BELARDO ROAD BRIDGE AND RELATEI_ ROADWAYS BETWEEN AGUA CALIENTE BAND OF CAHUILLA INDIANS AND THE CITY OF PALM SPRINGS This Memorandum of Understanding (MOU) is entered into this Irq/day of C) 2002 by and between the AGUA CALIENTE BAND OF CAHUILLLA INDIANS acting through its Tribal Council (Tribe), a Federally-Recognized Tribe and the CITY OF PALM SPRINGS, CALIFORNIA, acting through its City Council (City), a Municipal Corporation. RECITALS 1. The Agua Caliente Band of Cahuilla Indians (Tribe) is a Federally-Recognized Indian Tribe governing itself according to a Constitution and exercising sovereign authority over the lands of the Agua Caliente Indian Reservation (Reservation). 2. The City of Palm Springs, California (City), is a charter city, possessing full powers with respect to municipal affairs to regulate the territory under its jurisdiction and in accordance with the California Constitution, its Charter and State Law. 3. On May 18, 2001 the City and Tribe submitted a joint application to the Federal Highway Administration (FHWA) for Federal Public Lands Highway-Discretionary funds to construct the Belardo Bridge and related roadway improvements. A complete list of improvement work is contained in said application. 4. On or about December 15, 2001, President Bush signed the Transportation Bill which contained $3million for the Belardo Bridge and related roadway work project (Project). 5. On February 8, 2002, City submitted "Request for Authorization to Proceed with Preliminary Engineering" package to the State of California, Department of Transportation (Caltrans). NOW THEREFORE, the parties hereto enter into this Memorandum of Understanding (MOU) as follows: Section 1 - Goal The City and Tribe enter into this MOU to identify responsibilities and implement a process for the preliminary engineering, environmental, right-of-way and construction services for the Project. Section 2 - Process and Responsibility Outline City and Tribe understand that no work of any kind for Project may begin until written authorization is received from Caltrans. All work, including procurement of consultants, right-of-way procedures, design and construction procedures'are to be in accordance with Federal rules and procedures as outlined in Caltrans Local Assistance Procedures Manual including adherence to Disadvantaged Business Enterprise policy as adopted by the City Responsibility of Tribe: Preparation of RFP and contracting for all environmental services, required on the approved Preliminary Environmental Study Form. • Preparation of RFP and contracting for all Right-of-Way Services including asserting its best effort and assisting the City to obtain all necessary rights-of-way. Assisting City should condemnation process be required due to Tribe being unable to obtain all necessary rights-of-way. The right-of-way for the roadway from the east side of the Interpretive Center parking lot to Belardo Road shall not be dedicated to the City. Completion of documents required for work noted above and submittal to City. Responsibility of City: • Lead agency for coordination with Caltrans, including submittal of required documents and forms. • Preparation of RFP and contracting for engineering design services and construction engineering and inspection services. Advertising and bidding project for construction. Accepting rights-of-way offered by Tribe and other land owners. • Submittal of all completion documentation to Caltrans at project completion. • Undertaking acquisition of right-of-way by condemnation should Tribe be unable to acquire the right-of-way, but such condemnation will not be at City's expense. Both parties understand and agree that payment for above services and staff time is by the party responsible for the specific service (but City is not responsible for the expense of condemnation). City shall submit reimbursement requests to Caltrans for payments it has expended and, upon receipt of documentation from Tribe, for payments Tribe has expended. City shall reimburse Tribe within 15 days of receipt of the corresponding reimbursement from Caltrans. Both parties further agree that committees for selection of consultants will include representatives of City, Tribe and Caltrans and that final plans, specifications and environmental document shall be executed by staffs from both City and Tribe. Representatives from each party will also serve on the Project Development Team when said team is formed subsequent to City contracting for engineering design services. Section 3 - General Terms and Conditions 1. Governing Law: Unless inconsistent with Federal Law,which shall be supreme,the laws of the State of California shall govern the interpretation and enforcement of this MOU. 2. Modifications: In the event the total dollars allocated are reduced from the$3million contained in the approved Transportation Bill, both parties must agree, by written instrument,to any proposed alteration, change or modification to this MOU. Absent any alteration, change or modifications, each party's unreimbursed monetary responsibility is limited to the "local contributions" as outlined in the Joint Application to FHWA. It is each party's responsibility to determine the reimbursement eligibility before expending funds for any task or service. 3. Approval: This MOU shall be approved by Resolutions of the Tribal Council and the City Council. 4. Termination: Either party may terminate this MOU, upon 30 days written notice to the other party, assuming responsibility for all costs incurred by said party until the date of termination. Termination of this MOU, unless replaced by a subsequent MOU or Agreement, shall halt the project unless one party agrees to assume all responsibility for said Project. IN WITNESS WHEREOF the City and Tribe have executed this MOU as of the date first written above. Approved as to Form )ZA4 ,�� Tribal Attorney Approved as to Form A��a 0VU8 (All-7 w 4.1 Alto '7d(')':� City ttor ey "TRIBE" Agua Caliente Band of Cahuilla Indians e ally-Recognized Tribe Ile 1� Tribal Council Chairman "CITY" City of Palm Springs, California A Mu�nii-ciipal Corporation ATTEST Mayor City Clerk