HomeMy WebLinkAbout02562 - BIA RCFCD AGUA CALIENTE TRIBAL COUNCIL INDIAN AFFAIRS TAHQUITZ FLOOD CONTROL LAND USE MOU AGUA CALIENTE BAND OF CAHUILLA INDIANS /l
TRIBAL PLANNING & DEVELOPMENT =' /Jr PA.
2012 JUL 23 AM 8 14
June 15,2012
} CITY CLERK
Mr. James Thompson
City of Pahn Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Re: Notification of Tribal Property Acquisition
Approx. .21 Acres(494 N. Calle Santa Rosa)
APN: 508-021-019-4
This letter is to notify the City of Palm Springs that the Agua Caliente Band of Cahuilla Indians
(Tribe) has acquired the subject property located in Section 14 at the North West corner of Calle
Santa Rosa and Alejo Road, also known as 494 N. Calle Santa Rosa. The closing date of this parcel
was June 29, 2012. As a result, this parcel has been removed from the scope of the Land Use
Contract between the Tribe and the City of Palm Springs. Attached is an exhibit outlining the
property, as well as a copy of the recorded Grant Deed.
If you should require any additional information,please do not hesitate to contact,Tribal Realty
Specialist,Anthony Ramirez at 760-883-1330.
Sincerely,
IL
A&
Todd Hooks
Economic Development Director
5401 DINAH SHORE DRIVE, PALM SPRINGS, CA 92264
T 7 60/699/6 800 F 760/699/6823 WWW.AGUACALIENTE-NSN.GOV
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1
14
e�JP CA(/e'Te AQUA CALIENTE INDIAN RESERVATION
• T4SR4E,SECTION 14
PETRICIA MORUSICN TRUST ACQUISITION
494 CALLE SANTA ROSA 4 R4 m
N
Parcel of Interest rn R
Potential Acquisition-Not Owned By ACBCI LL
Allotted and Not Leased
Fee o w eo go 120
T 5 4E T55 115E
`..'-• ®Feet 0 Enlargement
C_ Allotted and Leased Aqua cauente Band Caamua Indians L Area
Planning A Development Depanmenl
CIR
Tdbal '01 Writ bnom Dave Palm Band,CA,: Boundary
Geospaael11lax aon 883-19
.GI&Ptged_FMv➢dential GcgmsiwnumzGrlAmuz¢n iapGlaSantaFosnmE peOt ee3tg118ee pa�ee1lBli
1 ' 'p-nlm;Ty NAMONALTI T LE C0.,%PA.NY DOC #2012-0303288
SUWIVISiON DEPARTMENT 06/29/2012 01:26 PM Fees: $31.00
Page 1 of 3 Doc T Tax Paid
RECORDING REQUESTED BY Recorded in Official Records
Fidelity National Title Co County of Riverside
AND WHEN RECORDED MAIL TO: Assessor,
Larry Ward
r, County Clerk 8.Recorder
Agua Caliente Band of Cahuilla Indians,a
Federally recognized Indian Tribe
5401 Dinah Shore Drive —This document was electronically submitted I
Palm Springs,CA 92264 to the County of Riverside for recording"
Receipted by:QHENSON
ORDER NO.: 003-23003511-KC
Escrow No. 23003511-W3
Pagel No.SW-021-019-4 TRA:011-017
SPACE ABOVE TWS LINE FOR RECORDER'S USE
-�I -o 17 GRANT DEED
THE UNDERSIGNED GRANTOR(s)DECLARE(s) Documentary Transfer Tax is S330.00
O unincorporated area 0 computed on full value of interest or property conveyed,or
10 the city of Palm Springs O full value less value of liens or encumbrances remaining at the
time of sale
FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged,
Mary Sabovich.Trustee of the Petricls Murusich Living Trust
hereby GRANT(s)to
Agun Caliente Band of Cahuille Indians,a Federally recognised Indian Tribe
the following real property in the County of Riverside,State of California:
Legal Description attached hereto and made a part hereof as Exhibit"A":
Dated: March 19.2012
Mary Sa lich,Trustee of the Petn'da Murusieh Living
Trust
STATE OF CA47ORNIA
COUNTY OF Kf;" ss:
On 2'1 201 Z before me, Pali t'-k. #4 A gwi ,
a Noia Plublic,personally appeared tiAfm /.13J V/4l who proved to me on the basis of satisfactory evidence to
be the persog0whose name(g is/asa subscribed to the within instrument and acknowledged to me thatWshe/thanexecuted the
same in limber/their authorized capacity( )and that by IndherAheir signature(s)on the instrument the person(sj,or the entity upon
behalf of which the person(@)acted,executed the instrument
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct
WITNES d and official seal.
0 PAUL K.MCAI AM
a NOT�PU.SscT871188
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Sigrlalure IG NA
KERN CouNTy N
My C M ErP.Nov.13.2013
Page I oft
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DOC#2012-0303288
Page 2 of 3 06/29/2012 01:26 PM
' I
MINE—
Under the provisions of Government Code 27361.7, 1 certify under the penalty of
perjury that the following is a true copy of illegible wording found in the attached
document:
t
Fidel,` � Nci i�r�a `Trfk C0MP&4,1�,
�ubaL�✓�s�o✓1 J�e��u�'�2e.vt�"
Place of Execution : '4:�a✓1 �F�t�YiOlLL L�/�
SPL, Inc. as agent
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Signature
Date:
Revised 9/6/06 RI
DR012 PenallydPerjury RI
DOC#2012-0303288
Page 3 of 3 0629/2012 01:26 PM
ORDER NO.: 003-23003511-KC i
ESCROW NO.: 23003511-003
EXHIBIT A
Legal Description
PARCELI:
THAT PORTION OF BLOCK 60 AS SHOWN ON THE OFFICIAL PLAT OF THE SURVEY ON FILE IN THE BUREAU OF
LAND MANAGEMENT IN SECTION 14, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND
MERIDIAN,AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION 14, THAT BEARS SOUTH 89059' EAST, A
DISTANCE OF 856 FEET FROM THE NORTHWEST CORNER THEREOF, THENCE SOUTH 0094' EAST, AND
PARALLEL WITH THE WEST LINE OF SAID SECTION 14, A DISTANCE OF 40 FEET TO THE TRUE POINT OF
BE THENCE CONTINUING SOUTH 00-14'EAST,50 FEET;THENCE SOUTH gr59'EAST, 125 FEET TO THE
TRUE POINT OF BEGINNING.
SAID LAND IS ALSO DESCRIBED AS LOT 3 ON THE TERGUSON MAP" ON FILE IN THE BUREAU OF INDIAN
AFFAIRS AT PALM SPRINGS,CALIFORNIA.
EXCEPTING FROM THE ABOVE DESCRIBED PARCEL ANY INTEREST CONVEYED TO THE CITY OF PALM SPRINGS
BY DOCUMENT RECORDED OCTOBER 19,1977 AS INSTRUMENT NO.207439 OF OFFICIAL RECORDS.
PARCEL2:
THAT PORTION OF BLOCK 80 AS SHOWN ON THE OFFICIAL PLAT OF THE SURVEY ON FILE IN THE BUREAU OF
LAND MANAGEMENT IN SECTION 14, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND
MERIDIAN,AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION 14,THAT BEARS 89059'EAST,A DISTANCE OF
856 FEET FROM THE NORTHWEST CORNER THEREOF;THENCE SOUTH 00"14' EAST,AND PARALLEL WITH THE
WEST LINE OF SAID SECTION 14, A DISTANCE OF 90 FEET TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING SOUTH 00*14' EAST,50 FEET;THENCE SOUTH 89059'EAST 125 FEET;THENCE NORTH 00014'WEST,
50 FEET;THENCE NORTH 89059' WEST, 125 FEET TO THE TRUE POINT OF BEGINNING,WHICH WAS ACTUALLY
DESCRIBED IN SAID DEED OF TRUST AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION 14, THAT BEARS SOUTH 99059' EAST, A
DISTANCE OF 856 FEET FROM THE NORTHWEST CORNER THEREOF,, THENCE SOUTH 00014' EAST, AND
PARALLEL WITH THE WEST LINE OF SAID SECTION 14, A DISTANCE OF 90 FEET TO THE TRUE POINT OF
BEGINNING;THENCE CONTINUING SOUTH 0(r14'EAST,50 FEET;THENCE SOUTH 99059'EAST, 125 FEET;THENCE
NORTH 00"14' WEST, 50 FEET; THENCE NORTH 89059' EAST, 125 FEET; THENCE NORTH 00014' WEST, 50 FEET;
THENCE NORTH 89-59'WEST,125 FEET TO THE TRUE POINT OF BEGINNING.
SAID LAND IS ALSO DESCRIBED AS LOT 6 ON THE "FERGUSON MAP" ON FILE IN THE BUREAU OF INDIAN
AFFAIRS AT PALM SPRINGS,CALIFORNIA-
EXCEPTING FROM THE ABOVE DESCRIBED PARCEL ANY INTEREST CONVEYED TO THE CITY OF PALM SPRINGS
BY DOCUMENT RECORDED OCTOBER 19,1977 AS INSTRUMENT NO.207439 OF OFFICIAL RECORDS.
APN:508-021-019-4
Pays 2 of 2
aURAwn)n
RCFC&WCD, Tribal Council , Nat]
Pk Serv, BIA, Cal St Hist Pres
A;;iendment of IiPF Grant 06-75-
00103-00 & 06-76-00172-00 re
MEMORANDUM OF AGREEMENT Tahq Flood Contrl Use of Land
AGREEMENT 2562 (_see_A2435)_,_.__
t WHEREAS , the California State Historic Preservation Officer
(SHPO) has requested that the National Park Service (SERVICE)
agree to an amendment of the existing Historic Preservation Fund
(HPF) subgrant agreement between the State of California (STATE)
and the City of Palm Springs (CITY) to permit the construction of
a flood control project on land purchased for preservation with
HPF funds (Grant numbers 016-75-00103-00 and 06-76-00172-00) ; and
WHEREAS, the SERVICE proposes to agree to the requested amendment
of the subgrant agreement; and
WHEREAS, the SERVICE has determined that the construction of the
flood control project will affect the Tahquitz Canyon District
( CA-Riv-45 , 515) , which is listed on the National Register of
Historic Places , and has consulted with the SHPO and the Advisory
Council on Historic Preservation (ADVISORY COUNCIL) pursuant to
36 CFR Part 800 , regulations implementing Section 106 of the
National Historic Preservation Act ( 16 U.S .C. 470f) ; and
WHEREAS , the Agua Caliente Band of Cahuilla Indians (TRIBE)
acting through its Tribal Council (TRIBAL COUNCIL) , the Bureau of
Indian Affairs (BIA) , the! CITY, and the Riverside County Flood
Control and Water Conservation District (DISTRICT) participated
in the consultation and have been invited to concur in this
Memorandum of Agreement;
C NOW, THEREFORE , the SERVICE, SHPO, and ADVISORY COUNCIL agree
that the undertaking shall be implemented in accordance with the
following stipulations in order to take into account the effect
of the undertaking on historic properties .
Stipulations
A. The SERVICE shall :
1 . Monitor the actions of the DISTRICT with respect to the
program described in the document entitled "Cultural Resource
Testing and Data Recovery, Tahquitz Canyon Project : Research
Design" prepared by Cultural Systems Research Incorporated on
January 31 , 1986 and all revisions thereof approved by the
SERVICE , and with respect to the Secretary of Interior ' s
Standards and Guidelines for Archeology and Historic Preservation
(48 FR 44716 et seq. ) (STANDARDS AND GUIDELINES) .
2 . Review and approve the appropriateness and professional
adequacy of the products of the testing and data recovery
program. At a minimum, this includes draft and final testing and
data recovery reports, as; well as special studies such as rock
art . The review period shall not exceed 30 days for each draft
and 15 days for each final. report .
Ie 3. Review and approve the appropriateness and professional
2
adequacy of any and all revisions of the program based on the
results of testing , data recovery, remote sensing, and other
special studies. The review period for each revision shall not
exceed 45 days .
4 . Consult with the SHPO, ADVISORY COUNCIL, BIA, and TRIBAL
COUNCIL about the appropriateness and professional adequacy of
the program implementation and any revisions thereof.
5 . Ensure that all aspects of the program are supervised by
persons possessing relevant experience in the California desert
and meeting relevant professional qualifications outlined in the
STANDARDS AND GUIDELINES or , with aspects involving cultural
anthropology, by a cultural anthropologist meeting qualifications
equivalent to those in the STANDARDS AND GUIDELINES.
6 . Monitor the program and carry out at least two on-site
Inspections of the field work in coordination with the SHPO,
ADVISORY COUNCIL, BIA, and TRIBAL COUNCIL.
7. Review and approve the curation plan of the TRIBAL COUNCIL
to ensure that all recovered artifacts and data are curated in
accordance with the STANDARDS AND GUIDELINES and other guidance
and regulations pertaining to the curation of archeological
collections obtained from Federal or Indian land, except that
C human skeletal remains and associated artifacts are to be
reburied at the discretion of the TRIBAL COUNCIL. The SERVICE
will be available for consultation to assist the TRIBE in
determining the need for any analysis. The review period for the
curation plan shall not exceed 45 days .
8 . Evaluate and determine appropriate mitigation for any
unanticipated resource uncovered by flood control project
construction or related activity in accordance with 36 CFR
800. 11 , including consultation with the SHPO and ADVISORY COUNCIL
and any necessary on-site inspections.
9. Notify the DISTRICT within 5 days of the completion of the
field work that construction of the flood control project may
begin.
B. The SHPO shall :
1 . Assist the SERVICE with the review of the appropriateness
and professional adequacy of all products and revisions of the
program. The review period for each document shall not exceed 30
days .
2 . Assist the SERVICE: , where possible , with any on-site
inspections needed to monitor the field work.
( 3. Assist the SERVICE with the evaluation of any unanticipated
3
resources discovered through construction in accordance with 36
CFR 600. 11 , including any needed on-site inspections.
4 . Assist the SERVICE with the review of the plan proposed by
the TRIBAL COUNCIL for the curation of all recovered artifacts
and data. The review period shall not exceed 30 days.
C. The ADVISORY COUNCIL shall :
1 . Assist the SERVICE in reviewing the appropriateness and pro-
fessional adequacy of all products and revisions of the program.
The review period for each document shall not exceed 30 days .
2 . Assist the SERVICE , where possible , with any on-site
inspections needed to monitor the field work.
D. The BIA shall:
1 . Issue a permit under the Archeological Resources Protection
Act of 1979 (ARPA) to the DISTRICT's archeological contractor
only upon receiving proper documentation of professional
qualifications and the appropriateness of investigations pursuant
to the Department of Interior Supplemental Regulations, 43 CFR
Part 7B.
( _ 2 . Ensure that the terms of the ARPA permit are consistent with
those of this Agreement .
3 . Monitor the investigations in consultation with the SERVICE,
SHPO, TRIBAL COUNCIL, and ADVISORY COUNCIL to ensure compliance
by the archeological contractor with provisions of the ARPA
permit .
4 . Ensure that the archeological loci and other known resources
of the Tahquitz Canyon District found outside the HPF-purchased
land within the portions of the DISTRICT easement not used for
flood control and thus transferred by the DISTRICT to the United
States in trust for the TRIBE will be protected from destruction.
5 . Exert its best efforts to ensure that the archeological loci
and other known resources of the Tahquitz Canyon District found
outside the HPF-purchased land within the portions of the
DISTRICT easement not used for flood control and thus transferred
by the DISTRICT to the United States in trust for the respective
allottees of the TRIBE will be protected from destruction.
6. Exert its best efforts to ensure that the archeological loci
and other known resources of the Tahquitz Canyon District found
outside both the HPF-purchased land and the DISTRICT easement
will be protected from destruction by the respective allottees of
the TRIBE.
4
7 . Ensure compliance with 36 CFR 800 before making any decision
to permit an undertaking that could affect resources on
unsurveyed land of the Tahquitz Canyon District .
S . Assist the SERVICE in reviewing the appropriateness and pro-
fessional adequacy of all products and revisions of the program.
The review period for each document shall not exceed 30 days.
9 . Assist the SERVICE , where possible , with any on-site
inspections needed to monitor the field work.
E. The CITY shall :
1 . Transfer title of that portion of the HPF-purchased land, as
described in Enclosure 1 , not used for construction of the flood
control project to the United States in trust for the TRIBE as
part of the Agua Caliente Indian Reservation, to be used for the
purposes and subject to the conditions described in Enclosure 1 .
( Refer to Enclosure 1 , Section A, Paragraph 2 of the June 25 ,
1987 Agreement between the TRIBAL COUNCIL, CITY, AND DISTRICT and
the August 17 , 1987 Addendum No. 1 . )
2 . Contribute $150,000 of the CITY/DISTRICT fund of $300,000 to
be applied by the TRIBAL COUNCIL toward the cost of constructing
a storage , curatorial , and interpretive center . The TRIBAL
COUNCIL may use any balance left from the cost of construction
toward staffing the Center.
3 . Contract with a qualified park designer, at a cost not to
exceed S?0,000, for preparation of a Site Plan, as stipulated in
Enclosdre 1 , Section A , Paragraph 4 of the June 25 , 1987
Agreement between the TRIBAL COUNCIL, CITY, AND DISTRICT and the
August 17 , 1987 Addendum No. 1 . ) . The Site Plan will show among
other things the location of the Interpretive Center and other
park trails, roads, and facilities in relation to the archeolo-
gical loci and other known resources of the Tahquitz Canyon
District plotted on the modified July, 1972 Jefferson and Hammond
map attached to the January 31 , 1986 "Cultural Resource Testing
and Data Recovery, Tahquitz Canyon Project : Research Design. "
F. The DISTRICT shall :
1 . Complete , before construction, the program referenced in
Stipulation A. 1 . except aspects that the SERVICE agrees may be
carried out during or after construction, and provide the budget
needed to implement the program (estimated to be $457 , 700) .
2 . Construct the flood control project in accordance with the
DISTRICT ' s project drawings entitled "Tahquitz Creek Flood
Control Channel Project, Stage II , Project Number 6-0-060. "
3 . Exercise caution during construction, in consultation with
5
the TRIBAL COUNCIL, to avoid unnecessary damage or destruction of
the Tahquitz Canyon District resources.
4 . Contribute $150,000 of the CITY/DISTRICT fund of $300,000 to
be applied by the TRIBAL COUNCIL toward the cost of constructing
a storage , curatorial , and interpretive center. The TRIBAL
COUNCIL may use any balance left from the cost of construction
toward staffing the Center.
5 . Provide rough grading of the Interpretive Center site,
including the building pad for the Interpretive Center, parking
area, and access road.
6. Ensure that the archeological contractor, prior to the onset
of artifact collection or any form of archeological excavation,
obtain a permit from the BIA pursuant to ARPA and 36 CFR Part 7B.
7 . Reimburse the SERVICE:, SHPO, ADVISORY COUNCIL, and BIA for
the anticipated two on-site inspections of the field work.
e . Provide funding for the recovery of any remains or features
of the Tahquitz Canyon District discovered through data recovery
but not anticipated by the program. This funding must be at a
sufficient level to correspond with the significance of the
resource as determined by the SERVICE in accordance with
Stipulations A. 3 and A.4 .
9. Immediately stop any construction that exposes an
unanticipated resource and notify the SERVICE and SHPO with
details of the discovery so that an on-site evaluation of its
significance can be made and a mitigation plan agreed upon by the
SERVICE , SHPO , and ADVISORY COUNCIL in accordance with 36 CFR
800 . 11 . The DISTRICT will be responsible for funding and
conducting the activities required in this mitigation plan.
10. Transfer title of all DISTRICT easement land not needed for
flood control to the United States in trust for the respective
allottees and/or the TRIBE . (Refer to Enclosure 1 , Section B,
Paragraph 5 of the June 25 , 1987 Agreement between the TRIBAL
COUNCIL, CITY, and DISTRICT and the August 17, 1987 Addendum No.
1 . )
11 . Begin construction of the flood control project only after
notification from the SERVICE that the field work portion of the
program has been satisfactorily concluded, unless otherwise
provided for in accordance with Stipulation F. I .
G. The TRIBAL COUNCIL shall :
1 . Ensure that the archeological loci and other known resources
of the Tahquitz Canyon District found on HPF-purchased land not
used for the flood control. project and thus transferred by the
6
CITY to the United States in trust for the TRIBE will be
protected from destruction and, as appropriate to the Site Plan,
interpreted as part of the Tribal Park.
2 . Ensure that the archeological loci and other known resources
of the Tahquitz Canyon :District found on HPF-purchased land
within the portions of the DISTRICT easement not used for the
flood control project and thus transferred by the DISTRICT to the
United States in trust for the TRIBE will be protected from
destruction and, as appropriate to the Site Plan, interpreted as
part of the Tribal Park.
3 . Exert its best efforts to ensure that the archeological loci
and other known resources of the Tahquitz District found outside
the HPF-purchased land within the portions of the DISTRICT
easement not used for flood control and thus transferred by the
DISTRICT to the United States in trust for the respective
allottees of the TRIBE will be protected from destruction.
4 . Assume ownership and responsibility of all artifacts and
data recovered from HPF-purchased land whether used for the flood
control project or unused and deeded to the TRIBE .
5. Exert its best efforts to secure ownership of and
responsibility for all artifacts recovered from allottee-owned
( land whether crossed or uncrossed by the DISTRICT easement .
6 . Curate all recovered artifacts and data as per the STANDARDS
AND GUIDELINES and the ADVISORY COUNCIL ' S "Handbook on the
Treatment of Archeological Properties, " taking into consideration
proposed regulations 36 CFR 79 , except that human skeletal
remains and associated artifacts are to be reburied at the
discretion of the TRIBAL COUNCIL after consultation with the
SERVICE regarding the need for any analysis.
7 . Submit the plans and specifications for the storage ,
curatorial , and interpretive facilities for review and approval
to the California Parks and Recreation Department pursuant to
Public Resources Code Section 5096 . 102 and to other appropriate
State and/or Federal agencies including the SERVICE and the SHPO.
The TRIBE will consult the SERVICE for final approval of the
curation plans and specifications for the facilities .
8 . Design and construct , on land to be transferred to the
TRIBE , the Interpretive Center as set forth in Section C ,
Paragraph 3 of Enclosure 1 .
9 . Ensure that the Interpretive Center will not physically
impact the archeological loci and other known resources of the
Tahquitz Canyon District delineated on the modified Jefferson and
Hammond map or exposed by the archeological excavations .
7
10. Exert its best efforts to acquire easements over Indian land
as needed for the access goad to the Interpretive Center.
11 . Improve the access road and parking area of the Interpretive
Center beyond the rough grading provided by the DISTRICT.
12 . Staff the Interpretive Center in such numbers and with
appropriate expertise to conform with State and Federal
guidelines.
13. Maintain and operate , on land to be transferred to the
TRIBE, any recreational facilities and the storage, curatorial ,
and interpretive facilities in perpetuity as described in Section
C, Paragraph 5 of Enclosure 1 .
14. Assist the SERVICE and BIA with the review of the
appropriateness and professional adequacy of all products and
revisions of the program.
H. Resolution of Disagreements
If there is a disagreement between or among the parties to this
Memorandum of Agreement regarding its implementation, the SERVICE
shall consult with those parties to resolve the disagreement . If
it cannot be resolved, the SERVICE shall forward to the ADVISORY
COUNCIL all documentation pertinent to the disagreement with a
recommendation for its resolution. Within 60 days after receipt
of the documentation, the ADVISORY COUNCIL shall either: (a)
notify the SERVICE that It concurs with its recommendation, (b)
advise the SERVICE of changes that would make the SERVICE 's
recommendation acceptable, or (c) notify the SERVICE that it will
comment pursuant to 36 CFR 800.6.
After receiving the comments, the SERVICE shall consider them
before making a final decision to resolve the disagreement . If
comments are not received within 60 days of the date that the
ADVISORY COUNCIL receives the documentation, the SERVICE shall
assume the ADVISORY COUNCIL has no objection to its
recommendation and resolve the matter accordingly.
I . Amendments
Any signatories to this Memorandum of Agreement who determine
that its terms cannot be met or should be changed shall
immediately request the remaining signatories to consider an
amendment or addendum . Upon concurrence of all parties, the
amendment or addendum shall be executed in the same manner as the
original Agreement .
J. Term
The term of this Memorandum of Agreement shall run for the
a
minimum time required to meets its objectives but not to exceed
five years without a review by the signatories to determine if it
should be renewed, modified, or terminated.
K. Discrimination
During the performance of this Memorandum of Agreement the
signatories agree to abide by Executive Order 11246 , which
preclude discrimination against any person because of race,
color, religion, sex, or national origin.
L. Incorporated Documents
The attached Enclosure 1 is hereby incorporated in this
Memorandum of Agreement.
M. Public Availability of Agreement
The stipulations of this Memorandum of Agreement and the
Enclosure are available to the public.
N. Agency Evidence of Section 106 Comment
Execution of this Memorandum of Agreement and implementation of
its terms evidence that the SERVICE has afforded the ADVISORY
COUNCIL a reasonable opportunity to comment on the undertaking
and its effect on historic: properties under Section 106 .
0. Signatories
Listed as follows are seven signatories to the Memorandum of
Agreement, including three principal parties (ADVISORY COUNCIL,
SERVICE, and SHPO) and four concurring parties (BIA, TRIBE, CITY,
and COUNTY) :
Principal Parties:
ADVISORY=COUI ON HISTORIC PRESERVATION
BY: Date:
0
NATIONAL PA SE I Q
BY: r Date:_ 86
Region Director, We Region
9
CALIFORNIA STATE HISTORIC PRESERVATION OFFICER 2 o y/
BY: G�` 3 H (� v Date: .J • `l o
Concurring Parties:
BUREAU OF NDI NA AFFAIRS
BY: / Date:
G
AGU A NTE ND OF C UILLA IND S
B Date:`A AKQ944 � a
I� T� U
CITY OF PALM SPRING
BY. Date:
RIVERSIDE COUNTY,.-FLOOD CONTROL AND WATER CONSERVATION DISTRICT
Date •
FORM APPROVED.
COUNTY COUNSEL ATTEST:
MAR I 1988 GERALD A. MALONVI,,09BY Sir
j 7
Pp!
RCFCeWCD 6 Agua Caliente B.
it RECEIVED f1 of Cahuilla Inidans
fi� K S Tahq. Regional Park Flood
SEP 3 W Control structures
1GLOsw�e ,� o Mot
rs I .
EEoMMEHJ_17�87
� K Got j pro ,N
TRIPLICATE
}rf l ORIGINAL
Ul �fi AGREEMENT NO. 1
This agreement, dated � �•y •7-1� , 1987, is made by and
among the Aqua 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.
J
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 Pals Springs shall have held at least one
public hearing on using part of Tahquitz Regional Park for
flood control structures, and an 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, .
f including Historic preservatiom Grant Projects Nos.
\ 06-75-00103-00 and 06-76-0172-00, a- grant of state funds
appropriated in Item 4I2A (200) of the Budget Act of 1974 ;
and further with reference to a curtain Joint Powers
Agreeapnt 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 casiective of flood protection for that portion
of CZTY lying within the Tahquitz Creek watershed and flood
plain, and the condition. and restrictions imposed upon
CITY's use of :land acitited with state and federal funds
for park and opera space and historical preservation
purposes. This agreement is further intended to comply
with California Public Resources Code Section 5096. 102,
added by Chapter 1021, SY.atuties of 1965. Based upon the
foregoing references, anct upom the mutual promises herein
contained!, .
THE PARTIES AGREE AS FOLLOWS:
A. CITY AGREES:
I. FT=D CONTROL. USES_ Outside the scope of this
agreement, CITY intends to authorize the use of the part of
Tahquitz Regional Park adjoining Tahquitz Creek for flood
t control purposes, including without limitation flood
control struptures, as proposed in- DISTRICT'S Tahquitz
Creek. Flood Control Channel Project, Stage II.
2. TRANSFER REAL PROPERTY IN TRUST TO UNITED STATES. To
fer title to that portion of Tahquitz Regional Park
not dsesL fo flo ntrol structures or flood control
ozes, inc udinq the po on ereo o e use for an
Interpretive Center, 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 1%74, or with Iistoric Preservation Grant
funds under Project Kos:. 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 is 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
C public at all times, or to prohibit or prevent TRIBAL
COUNCIL from .prouulgating reasonable rules, regulations,
fees and charges, including without limitation reasonable
restr3etions on the dates or time of day during which the
public any have access Ito the interpretive center or the
park or any portion thereof.
T. TOWARD CMSTRUCTION' OF YNTERPRETSVE CENTER.
To contribute $150,000, to provide, jointly with DISTRICT,
a fund of $200,000 toward the cost of construction of a
storage, curatorial and interpretive center. CITY further
agrees that if the costs qt construction of said facility is
less than: 53000,MV, thei balance: of said fund any 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. FIND PARK '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 af' the park designer and approval of the site
plan shall be subject to the approval of both CITY and
TRIBAL COUNCIL.
Y
-2 ,
( S. 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:
, (i) 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 prdjperty -which is not then
developed shall enter into a reimbursement agreement
with CSTY 'to repay CITY for the cost of such street
improvements at the time such property develops;
(I) that in order to construct said bridge prior to
.Tune 10, 20020 CITY may seek up to So% 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 664e3 of the California Government Code
(Subdivision Mats 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 stage Iaw benefit
assessment district is formed, such formation would be
only upon the regaes.t, or with the approval of more
then a majority of the Iessees .of _trust land, and would
not apply .to unleased trust land until it is leased.) .
Br- DZ=xcr.&GREBS z ' t• �'
L. 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
Cheek, 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. S:ONTRIBUTE TOWARD CONSTRUCTION OF INTERPRETIVE CENTER.
To contribute $150,000, to provide, jointly with CITY, a
fund of S300,000 toward the cost of construction of a
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
way 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 cowpliana* 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 plant shall be delivered
to DISTRICT within LZO days after receipt of Federal
approvals.
4- FUND CULTURAL RESOURCES TESTING AND DATA RECOVERY
fir. 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 01'
. above.
S. TRAHS"R REAL PROPERTY Iti TRUST TO UNITED STATES. To
transfer to the United States of America, in trust for the
respective Allottees and/or the Aqua Caliente Band of
Cabuilla Indians, those portions of the flood control
ewsssent granted to OIS1naC7 by the Tribal Committee of the
Aqua Caiiente Band of CaLhuilla (!fission) Indians on August
12, 1946, and approved by the, Assistant Secretary of the
Snterior an February 26, 1949 trader the Act of February 5,
19" (23 U.S.C. secs. 321-4) , not needed for flood control
purposes-
C. 'TRIBAL COUNCIL MSS:
1. aCCP EASEMENTS* VTOL exert its best efforts to acquire
easements over Indian land as needed for the ,accese road to
the Interpretive Center.
2. IMPROVE' ACCESS ROAD M 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 I7YTERPRE=g CENTER.' To design and construct,
of cause to be designed and constructed, the Interpretive
Center.
' 4. STAPP 121TERPRETIVI4 CENTER. Toxprovide staffing for the
Interpretive Center in such numbers and with appropriate
expertise to comply with all applicable rules and
regulations pf state and federal government.
S. PARK. oPEN SPACE. :r_xTEgPRET= 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 Aqua Caliente Band 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.
6. ASSIST IN SECURING :MOOD CONTROL APPROVALS. To assist
and cooperate in securing all necessary approvals from
state and federal agencies to allow the Tahquitz Creek
Flood Control Channel Project to be completed.
O. THE PARTIES MUTUALLY AGREE: - --
i. 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 im the performance of such part of
this agreement.
2. ADDITIONAL DOCUMENTS',_ 8aeh party agrees to sign any
additional documents necessary or desirable to carry out
this 'agreement to its empletion.
t. TlMING 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 specitically. stated herein.
.s. This agreement is intended to be a
Complete agreement among the parties as to &IL 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 obligation to
-S-
.,, WKS
t the other parties concerning such issues.
l S. HEADINGS. Subject matter headings or titles on separate
paragraphs of this agreement are for convenience of
identification of the subject matter 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 Code 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-OI72--00. This entire agreement is
subject to and effective upc='obtairring the necessary approvals
referred to in this paragraph.. Failure to obtain such approvals
sha1L render this agreement nail and void.
AGUA CALIENTE BAND RIVERSIDZ COMM FIDOD CITY OF PALM SPRINGS
r OF .CAHUILI.A_ INDIANS CONTROL AND RATER
CONSMATION DISTRICT
Y ILLLtCGIQ (i _ _ Y
ETITLE) lSAYOR
• DT!'MST: ATTEST*.
tiAtaw�.�. Q:a�o•-ram_
:r > I C= CLERK
APPROVED AS M FORM:
i ty Attorney
APPROVED dYTHE CITY COUNpL
t M
{
ADDENDUX NUNSER 1 TO AGREENM Axona AGUA CLIXE agar BAND OF
CA$UILLA INDZANS, RZMSIDE COUNTY FLOOD CONTROL AND WATER
CONSERVATION DISTRICT AND THE CITY OF PALK SPRINGS
This addendum modifies the agreement dated June 25, 1987, by and
among the Agua Caliente Band of Cahuilla Indians, the Riverside
County Flood Control and Water Conservation District, and the City
of Pala Springs.
1. Section A, Paragraph 1 of said agreement, relating to land to be
used for flood control purposes, is hereby modified by adding the
following at the and thereof:
"Said land to be used for flood control purposes is
idaatified as "Parcal Vp as. described in Exhibit C
attached
,w+�ff
eto,a�andshown on the map attached
heret.i ' it Be.*
2. Section A.. Paragraph 2 of said agreement, relating to land
acquired by CITY through Historic Preservation Grants, to be
transferred to the United States in trust for the .Agua Caliente
Band of CabuiIla Indians, :Ls hereby modified by adding the
following at the -and thereof:
C "The Iand to be transferred pursuant tau this paragraph
Consists of 12.35 acres, more or less, described as
Parcel i (I." acres) , Parcel 2 (2.76 acres) and Parcel
: 1 (8.3C acres):, in 2031hit A, attached hereto, and shown
on the sap attached hereto marked 'nchihit B• .0
T. Section A. Paragraph 4 of said agreement, relating to
funding of park design. is hereby modified by adding the
following at the-sad thaseaft
"The, site plan devmiap8a for the fatarpretiva can:
and the, surzasmding'sbcTsatiCM are& and eccess shall
also Oe subfect to approval by the State of California,.
Depactmant of Parks and' Recreation."
t. Section D. Paragraph: 6 of said agreement, relating to State
and Federal review and approval, is ao¢ified to read as follows:
06. STATLr AND FEDERAL 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 Code Section 5096.102, and
shaU be submitted to, appropriate state and/or federal
1
agencies or officials for review and approval of the
disposition of land as provided in this agreemant. 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 nail and void."
S. Except as specifically modified hereby, said agreement shall
remain is fulll force and effect.
BAND or INDIANS
BY: Richard _ Milanovich [dichael Prieto, Actinq Secreta:
CHAIRMAN OF .TRIBAL COUNCIL—__------ - . (TITLE) .
C DAM- AUGUST 1997
RIVERSIDE COUNTr FLOOD CONTROL AIM WATER CONSERVATION DISTRICT
AMTEST:
BY: A-.14, Ai t A
DtTb: SQGQST t�"i � I98T Y..1 ► .
CITT OF PIET2E SPRINGS
• /
By
08 ► CI
DATE: AUGUST 1967
Parcel 1 � R-85-044
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 Northeast corner of said Southwest Quarter, Northeast
quarter;
Thence South 000tV 65° West 136-34 feet along the East line of said Southwest
quarter Northeast quarter;
Thence leaving said East Tine South 86042'43' Nest 265.46 feet;
Thence North 39037'23' West 102.45 feet;
Thence South 89002'12' West I00,.00 feet;
Thence North 40055'15' West 103.23 feet to ar point orr the North Tine of aid
Southwest quarter Northeast quarter;
Thence South 89034'39' East 498..641 feet to the POINT OF BEGINNING.
This parcel contafns T.29 acres more or Tess_
f
WPIROV MIBIT A
"�"' PAGE I OF 3
Parcel 2 R-85-044
That portion of the SOU-riwest 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 corner of the Northeast quarter of the Southwest
quarter of the Northeast quarter, of said Section 22;
Thence Easterly 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 44012152" East 247.74 feet;
THENCE North 89002'12" East 145.00 feet;,
Thence North 68048'V7 East 345.81 feet to a point on the East line of said
Southwest Quarter Northeast Quarter;
Thence South 00017'55` Nest 308.138 feet along said East line to the Southeast
corner of the Northeast Quarter of the Southwest quarter of the Northeast
Quarter; _
Thence Teasing said East Tine, Westerly 638_57 feet more or less along the
Southerly Tine of 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 Tess. .
l
UP/ROM EXHIBIT A
cur . PAGE. 2 OF 3
Parcel 3 R-85-044
That portion of the So west 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 corner of said Southwest quarter, of the Northeast
quarter of said Section 22;
Thence North 00013'25` East 145.91 feet to the TRUE POINT OF BEGINNING;
Thence North 00013'25" East 845.84 feet;
Thence South 46002'41' East 149.49 feet;
Thence South 13048'14' East 110.29 feet;
Thence South 87010'17' East 40.00 feet;
Thence North 22018'I2' East 178.17 feet;
Thence South: 5803I'20' East 209.40 feet;
Theme North 89002'i2' East 2I0..00 feet;-
Thence South 240541430 west I96.35 feet;
Thence South 89039'I4' East 110.00 feet to the Northeast corner of the
Southwest quarter, Southwest quarter Northwest Quarter;
Thence South 000T5'47' West 228.20 feet along the East line of said Southwest
C quarter, Southwest quarter, Northeast quarter to a point on the Northerly line
of a 20.00-foot strip of land;
Said pafnt being the fntersectton of the said East line and a curved line with
a radius of 70.00 feet and to which point a radial Tine bears South 06046'54"
West;
Thence Southwesterly Cong the Northerly Tine of said 20.00-foot strip of land
and along said curve through a central angTe of 28025'25" an arc distance of
34.73 feet;
Thence South 6802I`2r west 323-1,T feet;
Thence South 63035'SO' West 36295 feet to tine TRUE POINT OF BEGINNING.
This. parceTcontains 6.30 acres care or Tess-
VP/ROW IMISIT A
PAGE 3 OE 3
AL
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_ONTROL DISTRICT'S 1952 EASEMENT
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RIMjR.CAC. TAG . . . - . O ' _•+,rt r4., -�" " *. �,• �' r;' , - cx-.` ^
G CITY PROPERTT—HISTORICAL I••.✓' `'""' � 'F �` V
"PRESERVATION PROJECT HO'S ~ ' -
nS 0�73-00103-00
'..r.•Yl.t t�.' �e
,r .
' Parcel 4 f'` R-85-044
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 Northwest corner of the Southwest quarter, of the Northeast
quarter of said Section 22;
Thence South 89034'39' East 819.37 feet along the North line of said Southwest
quarter, Northeast quarter;
Thence leaving said North line South 40055115' East 103.23 feet;
Thence North 89002'12' East 100.00 feet; ..
Thence South 39037'23' East 102.45 feet;
Thence North 86042'43' East 265.46 feet to a point on the East Tine of said
Southwest quarter„ Northeast quarter;
Thence South 00017'55' Nest 216.15 feet along safd East Tine;
Thence Tearrfng said East Tfne South 68048'27' Mast 345.81 feet;
Thence Soutar B9002'12' West 145.00 feet;
Thence South 444I2'52' West 247.744feet;
Thence North B9039'14* West 130r.O0. feet-,
�. Thence North 24054'4r East 196.115 feet;
Thence South 89002112' West Z10.00 feet;
Thence. North 58031 W West 209.40 feet;
Thence .South 22018'Ir West t78.12 feet;
.Thence North 870I0'I7` West 40.00 feet;
..Thence North IP486Ie West LI0.i09 feet; .
Thence North 46002'41' West At m feet. to a point orr the West line of the
Northeast quarter of safd Sectfour 22;.
Thence North OOoi no East 334.60 feet to the POINT OF BEGINNING.
Thfs parceT contairm MIS acres mm& or-Tess
WPAWW EXHIBIT C