Loading...
00_0507556PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: (8130199) CLERK OF THE BOARD DEPARTMENT (CAC -14th Floor) AND WHEN RECORDED MAIL TO: Doc ss 2000 - 507556 12/21/2000 08:09A Fee:NC Page t of 3 Recorded in Offleial Records County of Riverside Gary L. Orso Assessor, County Clerk i Recorder 11111111111111111 111111111111111111111111111 , 1 111111111 1 R_ ETURN TO: STOP #1010 Clerk of the Board (CAC Bldg. -14th Floor) M I S U 1-9 sla DA I -.A I Noce+ SW MSC. A R L COPY LONG REFUND NCKG EXAM RESOLUTION NO. 2000-287 C Title of Document i LC (Summarily Vacating all those streets within the Morongo Band of Mission Indian Reservation in the Cabazon area) (TLMA Item 2.8 12- 19 -00) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ORIGINAL ��.,t:. d_ R L%s'... -..tea /j-- - � SUBMITTAL TO THE BOARD OF SUPERVISORS �{ O, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA o a V FROM TLMA 1 Transportation Dept. SUBMITTAL DATE: November 29, 2000 SUBJECT: Summarily vacating public roads within the Morongo Band of Mission Indians Reservation in the Cabazon area of Riverside County, Third Supervisorial District. RECOMMENDED MOTION: That the Board adopt Resolution No. 2000 -287 summarily vacating all public roads within the Morongo Band of Mission Indians Reservation in the Cabazon area. U [) O O c>_ a ❑ ❑ �w N Vl U U Xk M m E °3 8 0 W E8 co W -Q `m ea a FORM I i - Ail 2182)1 JUSTIFICATION: The Morongo Band of Mission Indians is requesting the vacation of the public roads within their reservation to enable the tribe to have control over the roads. The roads were dedicated to the public by certified right of way maps prepared by Area Field Representatives of the United States Department of Interior, Bureau of Indian Affairs on file in the office of the Riverside County Surveyor as map numbers 712 -L, 772 -TT, 772 -UU. The dedications were accepted by Board of Supervisors resolutions recorded in Book 2553, page 236 on September 28, 1959 and Instrument number 22027 recorded on March 1, 1966 of Official Records. The roads have been in the County maintained road system since that time. FORM APPROVED COUNTY COUNSEL NOV 0 5 2000 B SS Q�L ASSISTANT COUNTY COUNSEL EDH: jcu Attachments: Resolution No. 2000 -287 Exhibit Ca ued ;P age 2 _ ,/ David E. Barnhart Director of Transportation REVIEWED BY EXEC Braz WHINU T ES Or THE BOAR "'T SUPER 1SO:..i a On motion of Supervisor Tavaglione, seconded by Supervisor Bust ' by unanimous vote, IT WAS ORDERED that the above matter is approved as r Ayes: Buster, Tavaglione, Venable, Wilson and Mullen Noes: None Gerald A. Maloney AbsFnt: None Clerk of e rd Date: December 19, 7000 By: -^ xc: TLMA)�ransp., Co.Co., Recorder eputy ► n ► OFFICE � 1 -ten , ; _ z -n map a a��c m� Page 2 November 29, 2000 Resolution No. 2000 -287 Summarily vacating public roads within the Morongo Band of Mission Indians Reservation. The roads to be vacated are located entirely within the boundaries of the Reservation of the Morongo Band of Mission Indians and are not part of the circulation element of the Riverside County General Plan. The Tribe held a vote among the tribal members to vacate the roads within the reservation and the ballot measure passed with 78% of the vote. There are four property owners that are not tribal members and did not participate in the vote. The Transportation Department notified these property owners by certified mail and of the four, one responded in favor of the vacation and three did not respond. As a condition of the vacation, the Morongo Band of Mission Indians has agreed to perform the maintenance of the cattle guard located in the county - maintained portion of Fields Road. An agreement executed by the Tribe is attached hereto for the Board to execute and make part of this vacation. 1 BOARD OF SUPERVISORS COUNTY OF RIVERSIDE 2 RESOLUTION NO 2000 -287 3 SUMMARILY VACATING ALL THOSE STREETS WITHIN THE MORONGO BAND OF 4 MISSION INDIAN RESERVATION IN THE CABAZON AREA 5 (AB-99009) 6 ( THIRD SUPERVISORIAL DISTRICT) 7 WHEREAS, The Morongo Band of Mission Indians is requesting the vacation of the 8 public roads within the reservation to enable the tribe to have control over the roads 9 within said reservation. The herein described roads were dedicated to the public by 10 certified right of way maps prepared by the Area Field Representatives of the United 11 States Department of Interior, Bureau of Indian Affairs, said maps being on file in the 12 office of the Riverside County Surveyor as map numbers 712 -L, 772 -TT, 772 -UU_ The 13 dedications were accepted by Board of Supervisors resolutions recorded in Book 2553, 14 page 236 on September 28, 1959 and Instrument number 22027 recorded on March 1, 15 1966 of Official Records: 16 Chino Road, shown as Norte Road on said map 712 -L. 17 Cottonwood Road, shown as Gabriel Road on said map 712 -L. 18 Fields Road shown on said map 772 -TT. 19 Fields Road as shown on said map 712 -L. Excepting therefrom that portion lying in the 20 South Half of Section 1, Township 3 South, Range 1 East, S.B.M., lying within the City of Banning. 21 Also excepting therefrom that portion lying within Sectionl2, Township 3 South, Range 1 East, 22 S.B.M. 23 Foothill Road, shown as Laws Road (portion west of Lugo Road) on said map 712 -L. 24 Garcia Road, shown as Notes Road on said map 712 -L. 25 Hathaway Canyon Road, shown as Ruiz Road on said map 712 -L. 26 Laws Road shown on said map 772 -UU 1 2 3 4 5 6 7 IE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Lugo Road shown on said map 712 -L. Martin Road, shown as Castro Road on said map 712 -L. Mission Road, shown as Laws Road (portion north of Lugo Road) on said map 712 -L. Morongo Road, shown as Quero Road on said map 712 -L. Excepting therefrom that portion lying within Section 11, Township 3 South, Range 1 East, S.B.M_ Morongo Road, shown as Santiago Road as on said map 712 -L. Potrero Road, shown as Pablo Road on said map 712 -L. Ramon Road, shown as Saubel Road on said map 712 -L. Serano Road, shown as Largo Road on said map 712 -L. Verdugo Road shown on said map 712 -L. WHEREAS, the hereinafter described portions of the above said roads are excess right-of- way and not required for public street or highway purposes, and that this vacation will not eliminate access to any parcels; therefore, BE IT RESOLVED, DETERMINED AND ORDERED by the Board of Supervisors of the County of Riverside, State of California, in regular session assembled on Q- eccr•,bL&, ig 2000, as follows: Thatthe hereinafter described said streets, are excess right -of -way not required for public streets and highway purposes, and pursuant to section 8334(a) of the Streets and Highway Code, the offers of dedications to the public are hereby summarily vacated: SEE MAINTENANCE AGREEMENT AND PLAT ATTACHED HERETO AND MADE A PART HEREOF 26 U Resolution no. 2000 -287 1 2 3 4 5 6 7 M 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 EXCEPTING AND RESERVING from the vacation an easement for any existing public utilities and public service facilities, together with the right to maintain, operate, replace, remove, or renew such facilities, pursuant to section 8340 of the Streets and Highway Code, BE IT FURTHER RESOLVED, DETERMINED AND ORDERED that the Clerk of this Board shall cause a certified copy of this resolution to be recorded in the Office of the Recorder of Riverside County, California. FORM APPROVED COUNTY COUNSEL NOV 0 5 2000 BYS C?-_ ASSISTANT COUNTY COUNSEL 11 Call: es: Buster, Tavaglione, Venable, Wilson and Mullen es: None sent: None Resolution no. 2000 -287 KDT:}cu T1:2 L ^: ;r.J i- c ^�'" t:) ba a true copy cf a re_a: u::en cu:� _ _ �7cz c Viz: c , ^ By � veputy AB -99009 2.8 12 -19 -00 O t�! r _ OEM W,: 01WIN MORON60 BAND OF MISSION INDIANS November 21, 2000 iisai POTRERO ROAD BANNING, CA 91220 P 909.849.4697 f 909 - 8491425 Mr. David E. Barnhart Director of Transportation Ken Teich Department of Transportation County of Riverside 4080 Lemon Street, P Floor P.O. Box 1605 Riverside, California 92502 -1605 Joe Rank, Esq. Office of County Counsel County of Riverside 3535 10' Street Riverside, California 92501 Re: Morongo Band of Mission Indians Maintenance of Cattle Guard on Fields Road Gentlemen: By this letter, the Morongo Band of Mission Indians, a federally - recognized Indian Tribe ("Tribe), hereby confirms that the Tribe at its expense and for the term of this agreement shall maintain in good repair and operation the cattle guard located on Fields Road between Seminole and Martin In exchange, Riverside County for the term of this agreement shall not remove, alter, or interfere with the cattle guard absent prior written authorization of the Tribe, and shall allow the Tribe full access to maintain and repair the cattle guard as necessary upon 72 hours notice to County. This agreement shall be ongoing until such time as the Tribe notifies the County that the Tribe has no further use of the cattle guard and will no longer maintain it, or fails to maintain or repair the cattle guard within thirty days of receipt of a written demand by the County for reasonable maintenance or repair. David E. Barnhart, Joe Rank, Esq. November 21, 2000 Page -2- Please signify your approval of this arrangement by countersigning below, Mary dreas David E. Barnhart Chairwo Director of Transportation Morongo Band of Mission Indians County of Riverside Dated: W: U - 0 Q Dated: MAA/sfl