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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 13 i 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 -G&WOF Sigrlalure IG NA KERN CouNTy N My C M ErP.Nov.13.2013 Page I oft soa.�vinFF 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 I 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 r^. � �'O`�Zr.--`;.s •�R PARCEL 2' ' 2.76 AC it 1. P.C. . Y- _• 'ir '.c•� 1Y.����jii . . .l;':��lk. J,�~�M. '�j�'i 1u�•F��- _`r3 " -' 1' ,mow � �•. w.,, •• y .. ;. — � :.ic' li �-'4•.'-1:.s}• wl�{ T .•_ ��..` - :.a4: •- � •,1*i; 7,is`V 1�,�'•":. 7144-4. -+,•a.nFpp�M, � r ['etE,'j1X� 1'lW* •", •...:.'F._ y. ,ti�rb•.'1y. "af, Ste'P>: c(:16. {Cl,�' J1 ••�� v- l ,, i'� ( �' { 1 .S .. ',.:{•?�l S - iinc4.-v..7• `l' `. - ...a:f.�i•- •,.i. p._ •.y y e{7j , ! Flaw-.�F�y<f .4. �. :t . . Wt ] '•• � ♦ •.N M • J 1 EXHIBIT B ,- " I mesa, REvISER 7-29-87 W6. wO 6-273 SN R65-044 . . n r . - �`K. +r�. y�. y ... yr t•1TJ1�1Y'lY O«r1 a�< nl •_.i�i.u• t ! rcri.l 'f 1. ARAB.w.b r. :p?' _ /r$_'."s`t i.•v.t; l�•'S:W�r"...• - j�]_:�:Z"C�}� z ! .' .i :-�'.� '1 • v ' k'. !• ._ .�;•�:',r � �.-dt2' y!1`- - �i•r%.✓o-++:k' 9�_.14t.1ar,4. �1-' -;t't''?�,�FY�: lY3' � :".�T,•.':,_;iw"Y��wi- =w �;°•'� �1.1�itP'�. .��'.x1plj}�':f.'.�r � ��B � • 33Ntld . _ _ ;.?�''. � y'�• ' " `;':._ _ � 'its.- .. ,w.. '�` aw�,;T�Y_. ' -.•SF':.:: .0..•3` .` r.� �` .r��: ,�r,�(•fi`.v� . . 1_- -r �. tea.. lv-; z.l. � • � ' 1'\• ♦�._ � v� J-5 ii SHM Ism 1 OF 1 ITZ kCREEK PRQJ EC U •••.Y '�•, PARC L 1 ►.wuL 7 N YID r _"t _ONTROL DISTRICT'S 1952 EASEMENT ' _ \_� .as '• ���• . 'a•: •� ">�_ "s.1S.::�2TY".7- .. • . �./R _/ . ."1�����"sr'rj7! _�;�_rr. =f PARCEL 4 �;• 1316 A[ ••••.d . .NRC[L ,e r ;� �. •�� ` k. a "�.� Y-Y. ' , 5-4 t•r3. -+� i- i' a .i'�.Z,' • � •,��.,.,a.�'nf'i:LjFM�=;_ ��•� M�f{5+ (� y ••4� G4�:-4: � -' p{ JY'"- a•M\f':K.jj'' . T�S .�:. .. .ate' t .. " r•\w•WPM :•3�ifiJr��. . _ ' T YT _TA ITZ'. CR-E_ EK :fPROJ E� 'P`.fi5-. •�•, y •. :a.{ .`'.,�.I. .{1^b i• •,lr�N -�sF,.lai .I.s/rf<-'� .�i.". ..4 L r• va•a• • ww t.MU•CJ .•••• ,a� :__ .. D CONTROL DISTRICT'S 1952 EA .!:x: i;' _ _ •f ._ o _.: :,_,.. :, h. K. yr . .r 4 NL4wr-:4: .-i� ka �l�-! i�. r�'•#F�YK�/•iifh rr"S:Y'..• r. :,}.. `�: 1�1 •'li0".:=`.:i:'.�._wi . ` - *`.t .t�.- '. E � -•' _ PARCEL .t �,,.r t _ . .tit y` - ��-•� ,ruua. •i. 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