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HomeMy WebLinkAbout11/12/99 BAKERSFIELD CITY MANAGER'S OFFICE MEMORANDUM November 12, 1999 TO: HONORABLE MAYOR AND CITY C~/~. I~ 1. The next few days and weeks will tell whether the Panattoni group will reconsider, or whether another development group can be attracted to replace them on the downtown proposal. The circumstances have been odd. The thing that has amazed me the most is how well the proposal was received - with that positive a reception, there is continuing opportunity. 2. The ice skating facility was presented as a part of the larger development. That issue can continue as a stand alone project, in any regard, since it has its own support base. We will continue to work on that with prospects and the Community Services Committee.. 3. At the Amtrak station, the red steel for the station frame went up this week. It's good to see something above ground! 4. As you aware, Bakersfield is one of the designated stops chosen by the California High Speed Rail Authority for the high speed rail system. The attached memo from Public Works includes an agenda for the authority's upcoming meeting on November 17th. Since other communities, such as Palmdale/Lancaster, have been very active in promoting themselves to the Authority, it would be to our benefit to be more vocal about our desire for a downtown station location. 5. Per Council's request, we have expanded the concert series to include locations in other wards. A memo is attached from Recreation and Parks with a tentative schedule for the expanded program. 6. Recreation and Parks will offer lifeguard training, beginning in December and continuing each month into next summer in an effort to avoid schedule conflicts and to have a. trained staff ready for early season activities. 7. Information from the November 2® Vision 2020 session is enclosed. Honorable Mayor and City Council November 12, 1999 Page 2 8. Responses to Council requests are enclosed, as follows: , Legal opinion regarding financial assistance related to property at 1601 13th Street; · Information regarding payment of costs for improvements done on the Friant-Kern Canal; · GPA and Zone Change Request ....... · Status report on letter to Shellabarger Road residents; · Response to letter welcoming new pastor. AT:rs cc: Department Heads Pamela McCarthy, City Clerk Trudy Slater, Administrative Analyst BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM TO: ALAN TANDY, CITY MANAGER FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR~ DATE: NOVEMBER 9, 1999 SUBJECT: HIGH SPEED RAIL LOCATION The California High Speed Rail Authority has been meeting for some time on a regular basis to develop a plan for the construction and operation of a Statewide high speed rail with the objective of creating a passenger-oriented system. Early on in the plan, the City of Bakersfield became one of the designated stops for the high speed rail train. Recently, however, the High Speed Rail Authority staff has been contemplating locating the actual station within the outskirts of Bakersfield, rather than the Downtown area. The Downtown Business Association - Transportation Vision Committee has requested Bakersfield take a much more active role to insure the station is located within the Downtown area. It has been the desire of the Council for sometime. Other communities such as Palmdale/Lancaster have been extremely active in lobbying the High Speed Rail Authority to locate the station in their area. It has come to our attention that perhaps the City has not been vocal enough in letting the High Speed Rail Authority know of its desire to have the high speed train station located within the Bakersfield Downtown area near the new Amtrak Station under construction. Attached is a schedule of the next California High Speed Rail Authority public meeting held in Los Angeles on Wednesday, November 17, 1999. Attachment: California High Speed Rail Authority Pubic Meeting Notice (November 17, 1999, Los Angeles, California) G:~GROUPDA~Referrals\Tandy\HighSpeedRail.wpd CALIFORNIA HIGH SPEED RAIL AUTHORITY PUBLIC MEETING November 17, 1999 Ronald Reagan State Building - Auditorium _ 300 South Spring Street, Los Angeles, CA .... "'~ :~,:: ~i~'~,' ...L., ~.~. ~. · 10:00 AM Agenda Items Responsible Party Status* 1. Approval of minutes for September 20 - 21, 1999 Meeting Chairman Tennenbaum A 2. Members Report Chairman Tennenbaum I 3. Executive Directors Report Mehdi Morshed I 4. Authority Members Meetings for Compensation Mehdi Morshed A 5. Approval of Meeting Schedule for ·2000 Mehdi Morshed A 6. Maglev Deployment Program Update Mehdi Morshed I A1 Perdon The Executive Director and Al Perdon, project manager, will provide an overview of Southern California's Federal Maglev Deployment Program project. 7. LAX-Palmdale Rail Study Jim Gosnell, SCAG I dim Gosnell, deputy director of the Southern_California Association of Governments, will provide an overview of a federally-funded study that focuses on how LAX,, l/an Nuys and Palmdale Airports can be linked by rail. 8. Recommendations to the Governor and the Legislature Mehdi Morshed A Based on actions and directions adopted to date, the business plan will include corridors, cost estimates, ridership projections, a financing · Strategy and other necessary information for a high speed train network that can proceed toward implementation.· At this time the Authority will discuss and act on its recommendations to the Governor and the £egislature-as_to.actions_that..~hould be..taken_tawarddmplementation ..... _ 9. Preliminary Review and Discussion of Selected Sections of the Draft Mehdi Morshed A Business Plan Staff and members will discuss the content of those sections of the business plan that have been drafted. Direction and comments will be provided. 10. Presentation of Benefit Analysis Dan Leavitt A Dan Brand, Charles River Staff and consultants will present an analysis of the user and non-user benefits of the proposed high-speed train network. Associates 11. Public Comment (an opportunity for public comment will be provided during each action item) "A, denotes an "Action" item; ,/, denotes an "Information" item. 925 L Street, Suite 1425 Sacramento, CA 95814 (916) 324-1541, (916) 322-0827 fax DEPARTMENT OF RECREATION AND PARKS DATE: November 5, 1999 TO: Alan Tandy, City Manager FROM: Stan Ford, Director of Recreation and Parks SUBJECT: Lifeguard Training As I am sure you recall, last year we had a training schedule conflict for two or three of our lifeguard candidates. Specifically, when we scheduled our training, we were unable to obtain a swimming schedule for the high school competitive season which resulted in a conflict between a scheduled training and one of the final high school swim meets. In an effort to avoid a similar problem in the future, beginning December 17- 19, 1999 and continuing each month until next summer, we will be offering lifeguard training. We expect that in addition to providing more options and flexibility for the candidates, it should give us a good head start on training, provide trained staff for early season activities such as pool parties, and "lighten" the load when the majority of the candidates are typically trained. If you have any questions, please let me know. c: Citizen's Community Services Advisory Committee DEPARTMENT OF RECREATION AND PARKS DATE: November 5, 1999 TO: Alan Tandy, City Manager FROM: Stan Ford, Director of Recreation and Parks SUBJECT: Concerts During our budget hearing, the council requested that we expand our concert series to include concerts in Wards that did not currently have this program. The approved budget included funds for this expansion that will provide for a total of six new performances. Listed below is the tentative schedule for the expanded program. Dates were selected to avoid conflicts with other programs and to ensure that adequate staffing was available. Date Park Ward Music March 7, 2000 Pin Oak 4 Swing March 14, 2000 Siemon 3 Celtic March 21, 2000 Wilson 7 Blues May .16, 2000 Central 2 Bluegrass May 23, 2000 MLK 1 Gospel May 30, 2000 Jefferson 2 Latin Jazz If you have any questions or require additional information, please let me know. c: Citizen's Community Services Advisory Committee Greater Bakersfield Vision 2020 Community Input - November 2, 1999 Highland High School What do you like about Greater Bakersfield? What are our strengths? Friendly, caring people,community volunteers, easy to get involved in community activities 51 Affordable housing 49 Downtown redevelopment/streetscape, revitalization 42 Location: close to oceans, mountains, urban, easy access to world 40 Cultural diversity (including religions) 37 Educational opportunities: CSUB and Bakersfield College 36 Additional separate listings included: Great community college: Bakersfield College (9) CSUB (5) World leader in agriculture and oil-Greatest Ag area in world 35 Small city-small town character/atmosphere 29 Family oriented-Good place to raise family 26 Accessible public officials 26 Long-lasting, family owned businesses 25 Community minded people-charitable giving (compassionate community) 23 Cultural activities - theatre, performing arts 22 Symphony (5) Fox Theater (5) Museums: Kern County Museum, CALM, Bakersfield Art Museum, Buena Vista Museum, Lori Brock Museum Buena Vista Museum of Natural History (2) CALM (1), Lori Brock Museum (1) 22 Kern River runs through Greater Bakersfield 16 Centennial Gardens 16 Neighborhood parks 13 Relatively light traffic, uncongested -comparatively speaking, proximity to work-no commute 12 Low cost of living 9 Kern River Parkway 9 Bakersfield Business Conference 9 Youth Activities 8 Unique transportation structure: air, rail, trucking 6 Large companies with"small city feel" 6 Strong business community 6 Conservative community 6 Law enforcement agencies strong and do an excellent job, safe streets 6 Bike and horse trails 5 Cool evenings, spring and summer 5 Room to grow, ie: airport 5 Kern Medical Center-teaching hospital (UCLA affilitated) 5 Safe schools/addressing security in school 5 6 lane roads/transportation 5 Good community organizations 5 Northeast Bakersfield - beautiful place 5 Proximity to rural area (farms) 5 New Soccer Park complex 5 Panorama Parks Walkway 4 Neighborhood Schools 4 International Trade & Transportation Center (ITTC) 4 Community with a history 4 Good infrastructure 4 Business/community partnerships 4 "less developed" - can learn'from other cities' mistakes 4 Business Conference, Mesa Marin (racing), Centennial Garden 4 Not Los Angeles-no urban sprawl 4 River Walk 3 Any individual can affect change 3 Tree Foundation 3 Trees 3 Parks 3 The Marketplace 3 Crystal Palace & "Bakersfield"sign 3 Crosstown Freeway 3 Lots of opportunity for outdoor recreation 3 Good water 3 Kern County Network for children 3 Great affordable golf courses 3 View from the Bluffs/Mountain view 3 Economy 2 Beautiful city- rolling, golden hills 2 Good public transportation - GET 2 Affordable labor 2 Kern River Canyon 2 Rio Bravo Tennis & Golf 2 Bakersfield Blaze & Bakersfield Condors 2 New Churches 2 New High Schools 2 Have an airport 2 Dewars 2 Planned neighborhoods (Master plan) 2 "Nashville West" 2 Mesa Marin 2 Good restaurants 2 Beale Park - concerts 1 Teen Challenge-drub rehabilitation 1 Assoc. of Old Town Kern 1 Good newspaper 1 Landscaping - Southwest Bakersfield 1 Famous people 1 Variety in the community calendar 1 Mild/good climate 1 Synchronized stop lights Nice summer nights Strong community theatre Arts still in schools Lake Ming Truxtun Lake 3 major TV networks and radio Bakersfield City School District does a good job-is very large Hub for freight Heart Hospital Great high school sports program Vision '2020 Fishing Great Mexican restaurants Basque restaurants Kern Rafting Strong faith community Christmas parade Vegetation Bakersfield College Football Frank Gifford Pro-athletes What are Greater Bakersfield's key weaknesses? What don't you like? Poor air quality, air pollution 50 Urban sprawl/uncontrolled development/residential encroachment on ag land; Fragmented city jurisdictional boundaries 36 Underperforming schools K-12; educational achievement below state avg. 33 Antiquated airport (small) & air service 27 Poor image/Negative perception by outsiders 22 High unemployment rate 20 Poor planning-Hwy 58/Freeways to nowhere; Poor downtown (East-West) freeway system 19 Increasing gang activity 19 Lack of P.M. activities/lack of activities for adolescents 19 Lack of Northeast development/plan 15 No long range plan/lack of adequate planning for growth 14 Some congested roads; traffic flow; lack of freeway 13 Lack of high tech companies 12 Number of blighted neighborhoods 12 Lack of vision 12 Farm land conversion 12 High drop out rate 12 Graffiti 11 Lack of African-American BBQ/Cajun Food/Good Gumbo restaurants 11 Road maintenance-potholes 10 Uneven distribution of resources ($ public/private investment) 10 Lack of Southeast and East Bakersfield development 10 Not enough trade school/vocational education opportunities 10 Lack of economic diversity 9 Lack of trees in parking lots 9 Lack of visionary leadership (elected officials) 9 Failure to follow 2010 Plan, ie: Pacificana 9 County "islands"/pockets in city limits 9 Poor public transportation/not enough downtown 9 Water contamination/environmnetal contamination 8 Vacant properties-illegal dumping 8 Potential for limited water supply 7 Vacancies in Northeast mall/lack of business 7 Not sufficient parenting skills 7 Lack of cooperation betyween elementary and high school districts/ extraordinarily large school districts 6 Lack of police in low income areas 6 Crime 6 Ghetto areas 6 Discrepancy between older and newer neighborhoods 5 Uneven distribution of new housing 5 Limited hi-tech/professional education opportunites 5 Racial bias 5 Too much new development 5 Substance abuse 5 Lack of neighborhood schools/due to school busing 4 Too much new housing at expense of existing housing 4 Stop giving So. California our water 4 High rate teen pregnancy 4 Low diversity of economic base 4 Low wages 4 Lack of prioritized infrastructure: city/county 4 Low priority of education 4 Lack of higher education opportunities 4 Lack of positive attitude of people who live here-poor self-image 4 Weather: Heat, Tule fog 4 Not aggressive enough on federal grants 4 Zoning for dollars 3 Homophobia 3 Low voter turnout 3 Lack of affordable housing 3 Dumping ground for L.A. 3 Sheriff response time slow 3 Timing on stoplight 3 Drug traffic 3 No sense of place 3 City and county annexation problems 3 "Good o1' boys" still trying to keep control 3 No ag preservation 3 Vacant buildings downtown 3 Vacant strip malls J 3 Not enough landscape & trees in Northeast 3 Some schools lack educational quality 2 Poor advertising for city 2 Low attendance at public meetings 2 No recycling program 2 Lack of meeting rooms for non-profits 2 Lack of access to public officials 2 ,~f Plans change due to influence 2 Continuing attitude of provincialism 2 Too much pesticide usage 2 Too many overhead power lines in Northeast Bakersfield 2 Lack of intergovernmental relations 2 Commercial building standards/master plan 2 Limited power of Mayor 2 Ratio of government employees to citizens 2 Don't let us be a bedroom community of L.A. 2 Too much control, over regulhtory growth compliance 2 No mandatory trash pickup-county 1 Regional prejudice (sibling rivalry SW, NE, NW) 1 "Colonial" economy 1 Non-pedestrian friendly 1 No high speed rail 1 Erosion of private property rights 1 Not enough public art 1 Lack of emphasis on school attendance City-county cooperation Expensive services Deteriorating infrastructure Attitude about city Limited opportunities in high school for hi-tech training Odd number of city council members National low ranking Overzealous D.A. No Nordstroms Outreach to people of color and limited English speakers BAKERSFIELD CITY MANAGER'S OFFICE MEMORANDUM November 12, 1999 TO: Councilmember Couch FROM: John W. Stinson~, A~Js;i/stant~ity Manager SUBJECT: Referrals dated 1113/99 The following are staff responses to the referrals made by you on 11/3/99. #1 Question: "What does our legal staff think of Mrs. Knight's letter?" Response: As City Attorney, Bart Thiltgen and I discussed with you last week, the City Attorney's Office responded to your question in the confidential memorandum previously provided to you. Per your request, we will make sure you receive another copy under separate cover. #2 Question: "Some citizens are concerned that this work was paid for by the City. The Admin.' Report states the work was "done" by Normal Development. Did they also "pay" for it?" Response: All work performed by Normal Development was paid for by Normal Development. A memorandum is attached from Public Works in response to your question. #3 Question: "1 need to agendize an item re: this situation. A policy may be needed, in my opinion, for future changes to the K.R. Freeway and the effect on approved maps." Response: It is my understanding that you have spoken with Development Services Director, Jack Hardisty and have indicated you would like to study this issue a bit more before placing it on the agenda. He said you will let staff know when you want staffto continue working on this issue. Councilmember Couch November 12, 1999 Page 2 #4 Question: "Please have Mr. Rojas review and call me." Response: There is a memo attached from Public Works indicating your discussion with Public Works Director, Raul Rojas and a copy of the Joint letter sent to residents in the Shellabarger Road area. #5 Question: "Please have Mayor Price call me re: this." Response: It is my understanding that you have spoken with the Mayor regarding the letter and need no further staff assistance. JWS BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM TO: ALAN TANDY, CITY MANAGER FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR~~ DATE: November 8, 1999 SUBJECT: NORMAL DEVELOPMENT AGREEMENT City Council Referral #WF0018299 / 00! - Couch "Couch referenced the Administrative report from the October 20th Council meeting relating to agreements with the U.S. Department of Interior, Bureau of Reclamation and work performed by Normal Development. Couch inquired if the work was paid for by Normal Development? Couch states that some citizens are concerned that the work may have been paid for by the City. Staff to report back to Couch on this issue." All work performed by Normal Development including all work on Rosedale Highway, and work associated with Jet Way was paid for by Normal Development. As part of the agreement, the Bureau of Reclamation required the bridge across their canal be maintained by a public entity even though it was constructed and paid for by others. This is a typical requirement of canal companies. Similar examples include a bridge constructed by Coleman Homes over the Arvin-Edison Canal near Panama Lane and the Monitor Street bridge over the same canal further to the east. s/w: G:~GROUPDAT~Referrals~Couch\normal development agreement.wpd City of Bakersfield *REPRINT* WORK REQUEST PAGE 1 l ZOSZ REQ/JOB: WF0018299 / 001 PROJECT: DATEREQUEsTPRINTED:DATE: 1~/03/99 CREW: TIME PRINTED: :26:58 SCHEDULE DATES LOCATION: ST~T: ±±~03~99 LOCATION ID: ZIP CODE: COMPLETION: 11/10/99 FACILITY NODES GEN. LOC: FROM: FACILITY ID: TO: REF NBR: REQ DEPT: CITY COUNCIL REFERRAL PRIORITY: HIGH REQUESTOR: COUCH ORIGIN: CITY COUNCIL REFERRAL USER ID: RBARNHAR WORK TYPE: REFERRAL DESCRIPTION: NORMAL DEVELOPMENT AGREEMENT REQUEST COMMENTS ***REFERRAL TO PUBLIC WORKS*** COUCH REFERENCED THE ADMINISTRATIVE REPORT FROM THE OCTOBER 20TH COUNCIL MEETING RELATING TO AGREEMENTS WITH THE US DEPARTMENT OF INTERIOR, BUREAU OF RECLAMATION AND WORK PERFORMED BY NORMAL DEVELOPMENT. COUCH INQUIRED IF THE WORK WAS PAID FOR BY NORMAL DEVELOPMENT? COUCH STATES THAT SOME CITIZENS ARE CONCERNED THAT THE WORK MAY HAVE BEEN PAID FOR BY THE CITY. STAFF TO REPORT BACK TO COUCH ON THIS ISSUE. Job Order Description: NORMAL DEVELOPMENT AGREEMENT Cat~gory: PUBLIC WORKS TasK: RESPONSE TO REFERRAL Assigned Department: PUBLIC WORKS START DATE / / COMPLETION DATE RAPID MEMO ~Adams SCl158 ADMINISTRATIVE REPORT I MEETING DATE: October 20, 1999 I AGENDA SECTION: Consent Calendar I I ITEM: 8..~. TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: October 12, 1999 CITY ATTORNEY CITY MANAGER ~/. SUBJECT: Agreements with the United States Department of the Interior, Bureau of Reclamation, Central Valley Project, California (Ward 4): 1. Contract and Grant of Easement for Coffee Road 2. Contract and Grant of Easement Access road and Bridge Across the Friant-Kem Canal RECOMMENDATION: Staff recommends approval of the contracts. BACKGROUND: In May of 1997, the City of Bakersfield entered into a license'agreement with the Bureau of Reclamation for the construction of a new crossing of the Friant Kern Canal south of Rosedale Highway and east of Coffee Road. This crossing was for Jet Way, an entrance road into the new shopping center at the southeast corner of Rosedale Highway and Coffee Road (Lowe's). Additionally, the City was granted permission to construct a right turn lane for Coffee Road. These agreements allowed the City to construct improvements on the Friant -Kern Canal, with the understanding that, when the improvements were complete, the City would be granted permanent easements for these projects. The work was done by Normal Development, the developer of the shopping center. Construction of the improvements is now complete and the Bureau of Reclamation is granting to the City the permanent easements for both the turn lane (No. 1 above) and for Jet Way (No. 2 above). October 12, 1999, 10:01AM G:\GROUPDA'I'~DMINRPT~1999\October20\PM10236 easements.wpd 0CT-13-1999 12:05 BUREAU OF RECLAMATION 209 489 5~? ~.~ When rec, ord.,~d re:th"n U.S. Depadment Bureau o/' Reclamation Attention: Land Resotu-~ Manasemcnt 2~-~6 N. C-rove Industr/al Drive, Su/te ] Fn:sno, CA 93'/27-1551 Coat'act No. 9-07-20-L7092 LrNITED STATES DEPARTME~ OF THE INTERIOR BUREAU OF RECLAMATION CENTRAL VALLEY PROJECT, CALD~O~NIA .......... CONTRACT AND GRANT OF I[ASEMENT FOR COFFEE ROAD THIS CONTRACT, is granted this day of ,1999, pursuant to the Act of Congrtss approved June 17, 1902 (32 StaL 358) alld particularly the Act of congress approved August 4, 1939 (53 Stat. l 187), and acts amendarory thc'reof or supplementary then:to, all of which acts are commonly kllOWll and referred to a.s the Federal Reclamation Laws, by and between thc UNITED STATES OF AMERICA, hen:inafter called the "United States", l-epreseilted by the officer executing this instrtlment oil its behalf, arid the CITY OF BAKERSFIELD, a political subdivision oft. he State of Calit'omia, acting by and through its City Council, hereinafter called the "City". RECITALS: The United States acquired certain lauds for the right-of, way of the Friant-Kem Canal in connection with the Central Valley Project, and the City has requested that the United States grant to it au easement for the consh-u~tion, reconsla'uction, operation, and maintenance of.a portion of Coffee Road over, on, and across said lands in the Northwest 1/4 of Section 28, Township 29 South, Range 27 Past, M.D.B. & M., County of Kern, State of California; and The Friant Water Users Authority (FWUA) is responsib[a for the operation and maintenance of the l;'riant-Kem Canal; and The United States has det~-mbaed the grant o. fsuch easement under the terms and conditions hereinafK.-r provided will not be incompatible with thc purposes for wkich the lands wea'e acquired and are I:,:ing adminisK.-red on behalf of thc United Stales. IT IS AGREED: In consldcration of the pr~'mises and subject tn thc terms and cond/Qons hereinafter set forth, the pm't/es hereto agree as follows: I. DESCRIPTION OF EASEMENT., The United States hereby grants to the City a permanent, nonexclusive easemcnt for public roadway purposes on, over, and across the lands of the United States de.~ribed in "Exkibit A" and shown on a map marked "Exhibit 1~", which are attached hereto and by reference made a part her~o£ This grant of easeme~tt shall include thc fight of thc City to enter thc above-described lands, hereinafter referred to as the "Easement Premises", to construct, n.'construct, operate, and maintain Coffee Road, a segment or' the City's public road system, and structures appurtenant thereto, in accordance with plans previously approved by the United States and FWUA, received November 2 I. 1995, titled Coffee Road & Brimhali Road Widening, la sheets, Job T3K016, prepared by or under the direction of lacques R. La Rochelle, Registered Professional Engin~'r, including Adck, nclums one (1) through four (4). 2. RESERVATIONS AND EXCEPTIONS_ The easement described in Article 1 above is granted subject to the following rcsc-rvations and exceptions: (a) The existing rights in favor of the public or third parties in the Fa.se'mc-ut Prcmlses. The City recognizes that it is its sole responsibility to make whatever arrangements as are necessary to obtain such rights as may be requirccl by the City from any other party or parties holding any other interest in the Easement Premises, Co) There is reserved from the rights herein granted, the prior rj~ht~ ogthe United States a~ting through the Bureau of Reclamation, Dcpartrncnt of the Interior, to construct, operate, and maintain public works now or ':~ hereafter authorized by the Congress without liability for severance or Other damage to the Cit)~s work; Provided. however, that if such re'served rights are not idenQficd'in at least general terms in this grant and exercised for works authorized by the Congress within 10 years following this date of this grant, thc'y will not be exercisccl unless the City or City's successor in interest is notifi~xt of thc need and grants an cxtemion or waiver. If no extension or waiver is granted, thc Government will compensate or institute mitigation measures for any resultant damages tn works placed on said lands pursuant to the rights hr.'rein granted. Compensation shall be in the amount of the cost of rcconstnu:tion of City's works to accommodate the c~cn'cise of the Government's reserved rights. As alternatives to such compensation, thc United States, at its option and at its own expc'nse, may mitigate the damages by reconstructing thc City's works to accommedatc the (]overnmcnt facilities, or may provide other adequate measures for any damage to t. he City's property. or right_ The d~ision to comp~rmatc or mitigate is that oft. he Regional Director, Mid-Pacilic Region, (c) Thc United Stat~ reserves thc right of its officers, agents, and employees at all times to have unrestricted access and in.ess to, passage over, and egress fi'om all of said Inn,Is. for the purpose of exercising, enforcing, and protecting the rights re~.rved hereunder, (d) The rights granted hereunder shall not be exclusive in character and the United Sta~.s reset'yes to itsclL its successors and assigns, the right against the City to use the lands crossed by or upon which irrigation and drainage facilitic.s and works of the United States have be~ constructed, and to construct, reconstruct, operate, and ' maintain therein and thereon dams, dikes, canals, wasteways, laterals, ditches, telephone and telegraph lines, electric transmission lines, substati°ns. ~vitchyards, powerplants, communication structures, roadways, and oth~ appurtenant irrigation, drainage, and power structures which may be n~¢~ or useful in connection with or as a part of canals, laterals, and other irrigation and drainage'facilities, or other authorized purposes, without any payment by the United Stat~, irs succ~:ssors, or assigns for thc exercise of such right, and the City agrees that it'the construction, reconstmctiort, installation, operation, or maintenance of any or all of.such works of tile United States, on or .across land at thc above-described location should be made mom expensive by reason otany structure, improvemc, nts, or work~ o/'the Git'y, such additional expense may be estimated by thc Secrets.? of the Interior whose estimate ~h~ll be final and bind/rig upon thc parties her~/o, and within thirty (30) days after demand is made upon thc City for payment of any 9-07-20-L7092 2 0CT-~5~1999 12:06 BUREAU OF RECLAMATION 209 4~Y b~'t ~.~4 such .~xns, the City will m~c payment ther~f to the United Sta~es or i~s successors or assigns consln~ting such works across, over, under, or upon said rights-of-waY; Provided. That nothing her~in shill be ;orca'trued as pwhibithlg the City from ~ua~sov/ng or relocating its facilities to other locations to be approved in writing by the Contracting Officer so as not to interfere with such works of the United States, all at the City's sole cost and expense; and Provided, fu~er_ That ally such removal or relocation shall be completed within sixty (60) days from the dat~ of notice fi'om the United States or its successors or assigns of its iutention to camsmact such works. (e) Jurisdiction and supu~ision of the.United States ov~.-r the Easement Premises are not s'urru-adered or subordinated by the issuauce of this Contr~t md the Unitud States reserves the fight to issu~ other easem~ts, rights, of-way, permits, or other agreements for compatible uses of the lands descrilx:d in ~s Conlxac. t. 3. I~ISCELLANEOUS COi~IDITIONS. In the ruse of the Easement Pn~mises de.s~ribed in Article I above, the City shall faithfully observe each or'the following conditions: (a) The City Shall not use the Easement Prunnises for any purpose e~e, ept as set forth ia said Article 1, (b) The citY accepts the Easement Pta'raises "As Is" and aclmowledges that the United States is under no obligation to improve the pr~.sent condition of the Easement Premis~. (c) The City, at its .role expense, shall consmact, r~onsta'uct, install, ope:rate, and maintain said Road substmatially as shown on the aforesaid plans. Additional construction, r~,:oasmmtion, relocation, or use of the Easement Premises which is not in accordance with this Contract and C-runt of Easement shall not be initiated withou~ the prior written approval of the United States and FWUA. Additionally, the City will be r~luired to reimburse the United Stat~s for its administrative costs involved in the review and approval of such additional activities. (d) Tim City shall, fxxma time totime, upon reasonable reclu~st from the Uuited States, promp~ repair or alter any part of thc road to Preclude damage to the fadlities of the Uaited States, and the City agrees to perform all sugh repair or alta'ration without regard to the cause, except whu~ caused or necessitat~ by an act or omission of thc United States. This provision shall not, however, n:licve the City fi.om the duty ot'inspe~tiag gad keying the road in ~ proper'and safe condition without the request of the United Sta~es. nor place upon the United States the duty of inspecting or maintaining the road installed by or for the City. I.a the evemt thc City should f~ to promptly make such repairs or maintain the road after 30-days v, vittea notice by the Unit~l States, the United States may, at the election of the.Regional Direa:tor of the Bureau of R~lamation. ~ntcr and make s'~h r~airs or perform such maintenance at the expense ofth~ City. (¢) The City shall provide pea'pctual maintu~ance c~f the lam:lsc~ping of the adjacent landscaped ar~a, Fri,nt-Kem Canal S~tion g 122+21.98 to Station g 136+26.3g. md described in drawings titled. City of Bakersfield, Coff~: Road Landscapefflrrigation Improvements. Betxveen Rosedalc Hwy./Brimhall Rd., Revised 6/2/99, 17 sheu. ts, Job No, T3K016, by Theodore D. Wright. Registered Professional Engineer. Should the City fail to maintain the laudscaping in a satisfactory manner, as determined by United States and FWUA, the United States gad/or FWUA may, at the exp~.mse of the City, correct said defi¢icndes. Any modifications to landscaping plans or ~ypes of plantings shall require prior written approval by United Stat~s and FWUA. (t3 The city shall at all times ~xcr~ise its rights h~rein in accordance with all Stat,:, Federal. and loC. al laws, regulations, ordinances, and orders al~cting such use, including, but not limiu:d to all thos~ ix:training to pollution control, envirom, n~ntal protection, air and water quality., public heatlth, and public safety. 9-07-20-L7092 3 (g) During the performance of the work authorized by tlxis Contract. thc City shall carry out proper and efficient measures wherever and as often as necessary to ri:duce dust nuisance and to prevent dust which has originated fix~m its operations from damaging crops, orchards, cultivated fields, and dwellings, or causin§ a nuisance to persons. ih) The City shall exercise due care in the use of the Easement Premises so as not to interfere with the proper use and operation of or cause injury, or damage to any property, irrigation and drainage facilities, or wodr. s of the United States. 6) The City shall reimburse the United States for any and all costs and expenses incurred in the defense of any action which challenges thc City's use of the above.described lands. (j) The City shall be liable for all taxes and assessments, ii'any, against the Easement fights granted herein. 4. ?ROT~CT~ON O? CULTLrR~ R~;$C~rRCES. (a) In the event cultural resources (human remains, artifacts, cultural debris-bone, shell, charcoal, wood) an: discovered during actions authorized herein, City shill be re, sponsible for cea.sing project a~tivity fi.e., wlthi,~ thc proximity of the cultural find). If Native American human remains are discovered on Federal land 25 USC 3002, Sec. 3 (d) of the Native American Graves Protection and Repatriation Act (NAGPRA) applies. Reclamation, including the Regional Archeologist. will be contacted to determine appropriate actions to comply with NAGPRA and the National FIislm-ic Presep,'ation Act (NHPA). Co) City shall be responsible for r~orting the find to United States Bureau of Reclamation and local authorities, as required by local, aate and Federal law and coordinating instructions from cultural resource professionals approved by UniU~l States Bureau of'Reclamation to assure proper resolution. S. TERM. This Contract and Orant of Easem~.mt shall hereafter be &-creed to replace and ~perscdc thc License issued for the Coffee Road widening, Contract No. 6-O7-20-L6540, dated Deccrnber $, 1995. Unles~ terminated as herein provided, the easement fights de~fibc4 herein are granted to the City in perpetuity. 6. ,T.~,~glll~fi~. This Contract shall t~.wrninate and all fights ofthe City hereunder shall fiease upon the following: (a) After failure of the City to observe any of the conditions of this Contract, and on the BOth day following service of wrinen notice on the City of termination because of failure to observe such eonclifions; or CO) At any time by the City upon three (3) months written notice to thc United States; or (c) .At its option, by the United States for nonuse of the Easement P/cruises by the City for a period of txventy-four (24) consecutive months. The notices provided by this Article shall be served by certified mail addressed to the respective addresses given in Article 9 herein, and the mailing of any such notice properly enclosed, addressed, stamped, and cer~ilied, sh~ll be considered service.. The Uniwxi States will determine it'the City's improvcmcmts, facilities, and appurtenances will be removed upon termination. Lethe United States determines that said improvements, facilities, and appurt~.mances shall be removed, re-moral shall be made within thin).' (30) days ~er termination, and th,: Ea.~ement Premises ~vill be restored to 9-07-20-L7092 4 0CT-13-1999 12:07 BUREAU OF RECLAMATION ~ z~y 5~"f ~.~b a condition sa6sfactory to the United States and FWUA. Said removal and restoration activities shall bc at the sole cost and expense of the City. I.n the event the CiF does not within thirty (30) days al'tot the termination oft, he Contract, remove all improvements and facilities constructed or installed by the City, and re, store the premiss to a condition satisfactory to the United States and FWUA, the United States or its designee may remove the improvements and facilities placed on the above lmadz; dispo~ of all materials and equipment so removed by stroh me.s~s as may appear advisable to return the Easement Premises to a safe, usable, and cleared condition; and recover ali costs of removal, di~osal, md rchabilitaIion of the Ea,srment Premises from the City. 7. BRFACId OF CONTRACT. Enforc~,'ment of the tea-ms of this Contract shall be at the discretion 'of the United States, 'and any forbearance by United States to exercis~ its fights under this Contract in thc event of any breach of any term oft. he Contract shall not be construed to be a waiver by United States of such terms or o/'a~y subsequent breach of the same or any other t~'m of this Contract or of any of United States' rights under this Contract, No delay or omission by United States in thc exercise of any right or remedy upon imy breach by City shall impair such right or remedy or be construed as a waiver. Further, nothing in this Conjunct creates no~-discrdiona~/duw upon the United States to enforce its provisions, nor .h.lt deviation from these terms and proced~s, or failure to enforce its provisions give rise to a private dght of action against United States by any third parties, 8. (~OlqSIDERATION. (a) Be~nning as of the effective date of this Conlract and thcrcaltcr unfil such privileges are relinquished or terrain.ted as hcn-ein provided, the City may enter, occupy, and use the described lands without charge for the purposes of constructing, reconstr~ting, operating and maintaining Coffee Road and structures appurlx.-nant thereto. Th~ United States has waived the value of thc right-of-use in accordance with 43 CFR 429.6(¢)(3). I'b) In accordance with 43 CFR 429.6C0), the City shall pay all administrative costa incurred by United States in isslilng this Conlraet, 9.~, (a) Any notice, demand, or request required or authorizc, d by this Con~ract to be given or made to or upon the United States shall be deemed properly given or made if delivered or mailed postag¢-pr~.-paid, to thc Regional Resources Manager, Bureau of Reclamation, 2800 Cottage Way, Sacramento CA 95825-1898. Co) Any notice, demand, or rt.'quest requ/red or authorized by this Contract to be given or made to or upon the City shall be deemed pwperly given or made i/delivered or mailed postage-prepaid, to City of Bakersfield, Public Works Department. 1501 Tru.x'tun Avenue, Bakerslield, California 93301, (¢) Thc designation of the person to or upon whom any notice, demand, or request is to be given or made, or the address of such person may be changed at any time by notice given in the same marmot as provided in this Article for other notices. 9-07-20-L7092 5 0CT-13-1999 12:08 BUREAU OF RECLAMATION 209 489 592"? GF~N£ RA L PROVIS IONS IO. HAZARDOUS MATERIALS. During line performance of tiffs Contract, the Ci ,ry, hereinallcr referred ~o as the "Contractor" agna~ as follows: (a) The Contractor shall comply with all applicable Federal, Sate, and local laws and ~gulations, and Reclamation policies and iasmactions, existing or hereafua- enacted or promulgated, concerning any hazardous material that will be used, prc~lueed, transported, stored or di:,'posed of On or in lands, wate~ or facilities own ~t~:l by the United States or administered by Reclamation. (b) =Hazardous material= means any substance, pollutant or contaminant listed as hazardous under th,: Comprehensive Environmental Response, Cora~on, and Liability Act of 1980, as amended (42 USC 9601, et em.q,3, and the regulations promulgated pursuaut to that Act. (c) The Contractor may act allow c~atamination of lands, waters, or facilitiu,~ owned by the United .. States or administered by Reclamation by hazardous materials, thermal pollution, refuse, garbage, sewage effluent, indus~ial waste, petroleum products, mine tRilings, mineral salts, pesticides (including, but not limited to, the mlau.~e of pepcid .es), pesticide eonta/ners or any other pollutant~. (d) The Contractor nhAl! report to Reclamation, w~th!n 24 hours afits occurrence, any event which may or does result ia pollution or ¢ont~l--~ion adversely affec~g land.s, waters or fa¢iliti~ owned by the United States or administered by Reclamation. (e) Violation of any of the provisions of this Artiete shall constitutc grounds for immediate u-n'miaatioa of this Contract and ahall make the ConU'actor liable for the co.st of full ami complete remedi,,fion and/or renoration of any Federal resources or facilities that are adversely affected as a result of the violation. (f) The Contractor agrees to iaclufle the provisions contained ia'paragraph (a) through (0 of this At'dele in any subcontract or third parry contracts it may eater into pursuant to this ConU'act. (g) Reclamation agrees to provide information necessary for the Contractor, using reasonable diligence, to comply with the provision of this Ar'dele. I 1. NONDISCRIMINATION. During the performance of this Contract, the City agrees az fotlows; (a) To comply with Title VI (Section 601) of the Civil Rights Act of July 2, 1964 (78 Stat. 241), which provides that" .. no person in the United States shalI, on the ground of race, color, sex, or national origin be cxcluded flora participation ia, be denied the benefits oi; or be otherwise subju'~texl to discrimination under any program or activity for which the City receives financial assistance fi.om the United States .... "and to be bound by the regulations of the Department of the Interior for the effectuation thereof, as set forth ia 43 CFR Part 17. Co) To obligate its subcontractors, subgrantees, tr~usfere~s, successors in interest, ar any other participants receiving Federal financial assistance hereunder, to c~mply with the requinement.~ of this provision. (c) In the ~,-vent that a final decision cfa hearing examincr or of the Dh'~ctor, O~ce of Hearings and Appeals. pursuant to 43 CFR Part 17, provides for termination of or refusal to g~ant the right provided by this Contract, the Secretary of the Interior may terminate this Contract and revoke the grant. This provision shatl be a covenant ming with the land during the period in which the property is used for a purpose for which the Federal financial a.s~istance is e,x'tendcd or l~br any other pta-po.sc involving the provisions of ~milar ser~qccs or benefits. ' 9-O7-20-L7092 6 0CT215-1999 12:09 BUREAU OF RECLAMATION 209 48? 592? P.08 12. EOUAL EMPLOYMENT OPPORTUNITY. During the performaa~ of this Contract, the City, hercinaflu-r referred to as the "Contractor", agre~ as follows: (a) The Contractor will not di.scrimlna~ against any employe~ or applicant for employment beeau.~ of race, color, r~ligion, sex. or national origin. The Contractor will ~ aff'umative action to ensure that applicants and cmployee~ arc treated during a-apioyment without regard to their race, color, r~ligion, sex, or national origin. Such action will include, but not be limited .to, the following:. Employmeat, upgrading, demotion, or transfer; recruitment or r~cruitment advertising; layoffor termination; tales of pay or other forms of comp~atlon; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for. employment, notices Io be.provided by the Contracting Officer setting forth the provisions of this nondiscrimination clau.~c. (b) The Contractor w/Il, in all solicitations or advertisements for emptoye.~, pla~ed by or on b~halfof the Contractor, state that all qualified apphcants will re~:eive ¢onsider~on for employment without regard to their ra~, color, religion, s~x, or national origin. (¢) The Contractor will send to each labor union or representative of workers with whom the Contractor has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the Contractihg Officer, advising ~tid labor union or workers' repre~'atafive of the Contractor's commitments und~ Section 202 of Executive Order 11245 of Septeanber 24, 1965, as amended, and shall post copies of the notice in con.~laic-ou.~ places available to employees and applicants for employmont. - · (d) The Contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1955, as amended, and of the rules, regulations, and relevant orders of the Sec. retaty of Labor. (¢) The Contractor will furnish all information and reports required by said amended Exeoufiw: Order and by the rules, regulalions, and order~ of the Secretary of Labcr, or pursuant thtaxto, and will p=~mit access to its books, records, and accounts by the Contracting Officer and the S~cretary of Labor for purposes ofinvestigatlon to asceg, sin compliance with such rules, regulation.s, and orders, (0 In the event of the Contractor's noncompliance with the noMiserimination clause of this Contract or with any of thc said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended, in whole or in part, and the Contractor may be declared ineligible for further Government contract~ in accordance with procedures authorized in said amended Ex~;utiv¢ Order, and such oth~ sanctions may bc imposed and remedies invoked as provided m said amended Executive Order, or by rule, regulation, or order of the 5o:retary of Labor, or as othcrwi,,a provided by law, (g) The Contractor will include the provisions of paragraphs (a) through (g) in every subcontract or purchase order tmle.~ exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of said amended Executive Order, so that such provisions will b~ binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the contracting agency may dire'ct as a means of c~forcing such provision.% including sanctio~ for noncompliance: Provided, ho~ver, That in the event the Contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of such direction by the contracting agency, th~ Contractor may request thc United States to c'nter into such litigation to protect thc interests of thc United States. 13. SUCCESSORS IN INTFP. EST OBLIGATED~ This Con,'act shall bc binding upon and inure to thc benefit of the successors and as.signs of the parties hereto; ~ whg_W...~.y~, That no assi~onment or transfer of any of the fights of the Ci~ hereunder shall be maclc without the prior xmtt~a consent of the United Stat~s, which con.~nt w, ill ,:or be ara-easonably withheld. 9-07-20-L7092 7 0CT-13-1999 12:09 BUREAU OF RECLAMATION 209 48? 5927 P.09 I a. ~[Q_.W.a~,a~L,T~. The United States makes no w~'rmty, expressed or. implied, as to the extent or validity of the grant contained her~in, or the condition at uny th-ne of the E~.%-meat Pr~aises, or any of the propu-~y of the Unit ',.:d Stav~-s thereon, or thc suitability of the Easemen~ Premis~ for the purposes of the City. 1:5. I4OLD FIAR.MI l:'flS. The City hereby a~'e~s to hold harmless and indemnify the United States, FWUA, their employees, ag~."nts, successors, or assigns from and against any ¢lulrrtu, demands, costs, los.,ae~s, causes of a~tion, damages, or tiabili .ty of whatsoever kind or nature ~ising out of or resulting from acts or negligence oft. he City's activities under this ConU'act, Additionally; ex~;ept for acm of negligence, the City ~leases the Unitext States, FWUA, its. officers, employs:s, successors. ,nd assigns fi~m any and all liability for damage arising from injury to persons or damage to .structures, equipment, improvements, or works of the city resuimg from ~ constru,:tiou, op tio,, or maintenance of any of the woi-ks of the United States, ovided, that nothing contained in deemed to modi~ or limit any liability which may be imposed by the Federal Tort Claims Act, 28 USC, Section 2617 et ae, a. (1970). (a) The Unitetl States shall not be liable for any damage to the improvements, facilities, or appurtenances of the City which may result fi.om the consm~tion, operation, and maintummee of the Friant-Kem Canal or other Reclamation project facilities, including damage which may occur as the result of seepage, floodage, or erosion from the works constructed by the United States. (b) The City shall be liable for my and all damages to the property of thc United States by reason of the exercise of the rights and privileg~ granted by this Conlra~t. 17. COVENANT A~3AJ~IST CONTINGEN]_" F'F~S. The Ci~ walT~ats that no pm'son or agengy has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established agencies maintained by th~ city for the purpose of securing business. For breach or violation of this w~ranty, the United States shall have the right to annul th.is Contraet without liability or in its discretion to require the City to pay, in addition to the Contxact price or consideration, the full amount of su~:h commission, pt.n'uentage, brokerage, or contingent I g. OFFICIALS NOT TO BENEFIT. No Member of or Delegat~ to congress or Resident Commissioner, and no otficer, agent, or employec of the Department of the Interior, shall be admitted to any share or p~rt of this Contract or to any l:,.mefit that may arise herefrotlk but this restriction shall not be ~ to egtend.to t. lxis Contract il'made with a corporation or company for its genend benefit. 9-07-20-L?092 g 0CT-1D-1DcJ~ 1~: 11~ J~U~I-HU UP h0-~LHI'IHI iUI~ /=up 40 r a:~c:r r . ~o IN WITNESS WHEREOF, this e~.~ment is glv~ as or,he date and year first above written. UNITED STATES OF AMERICA BY. Rob~ F. St~khou,.~ Regional R~,~ur~s Manag~ Mid-Paci~c Region Bureau of Reclamation ACCEPTANCE: T~: Ci~ of Bakersfiekk md its authorized representatives, by sig~atu~ below, agl~ to the terms and conditions above. · CITY OF BAKERSFIELD APPROVED AS TO FORM: By By. Bob Price Alan Dale Daniel Mayor As~'tmt City Attome'y Dat~ Da~ APPROVED AS TO CONTENT: COUNTERSIGNED: BY BY Raul M. Roja.s C-~go~ Klimko Public Works DirecTor Finance Director Dat~ Daw NOTED: Friant Water Usc-~ Authority Date SCC-451 9-07-20~L7092 9 'EXI~r~IT "A- ADDITIONAL ROAD EASEMENT FOR .. COFFEE ROAD SOUTH OF ROSEDALE HIGHWAY A parcel of land in the northwest I/4 of Section 28, Township 29 South, Range 27 East. Mount Diablo Base and Meridian, City of Bakersfield, County of Kern, State of California being more particularly described as follows: Commencing at the northwest comer of said Section 28; thence South 00°49'32" West along, the west line of said Section 28, 45.01 feet; thence SOuth It9"$3'48'' East, 55.00 feet to the point of · intersection of the south fight of way line of Rosedale Highway with the east fight of way line of Coff'ee Road. said point also being the TRUE ?OINT OF BEGINNING; . THENCE (1) South 89*53'48" East along said south right ofway line, 39.50 feet: TltENCE (2) South 45 °2752" West, 34.86 feet; TttENCE (3) South 00'49'32" West, 178.73 feet; TI:~NCE (4) South 07'57'02" West. to a point 6n the east right of way line of Coffee Road, 120.93 feet; TItENCE ($) North 00°49'32" Ea,~t along said east right of way line, 323.03 feet to the TRUE POINT OF BEGINNI1N'G Containing 4,247 s.f., more or less. .- ~ COFFEE ROAD, IV, IV** ~ Ir} NOO'49'J2"E I J2~ 03' ~ " t COFPEe ROAD ~AS=MEN t PBOM BUREAU OF REC~IMA~ON EXHIB~ 'B ' [fEe ~e: ~51LE " PUBLIC WORK~ DEPARTMENT AC K]",i'OWLEDGMENT (FOR, THE UNITED STATES) STATE OF CALIFORNIA ) )ss. COUNTY OF ) On this __ day of . .. i 9 , b~fo~ me, , persoually appeared, NAME, TITLE OF OFFICE~, - E,G. "IANE DO~ NOTARY PUBLIC" ~k o~ s,o~m ~.s o~, s~o~ personalty kno~ to me -OR- proved ~o mc on thc basis of satisfactory evidence W be the pa'son who executed this instalment, and acknowlcd§~ to mc that cxccuuxi thc same on behalf of ~he Unit~l S~al~s of America in ~c capacity therein stat~! ~ for ~o put'poses therein conta/n~. Wire,ss my hand and official seal. 8lC{NATr..J]~ OF NOTAI~Y My Cor~'~ission e~ir~s: (SEAL) 9-07-2O-L7092 0CT-1~-1999 12:12 BUREAU OF RECLAMATION 209 48? 592?. P.14 ACKNOWLEDGMENT STATE OF CALIFORNIA ) COUNTY OF )' On ~is day o£ , 19__.___, before mc, , personally appc. m'ed, N/~IF,, TITLE OF oFFICER - F_..O. 'I,~2~ DOE. NOTARy PUBLIC" NAl,t.'t$ OF $IGI'C~R(8) TITLE OF 810N'SR~$) personally known to mc -OR- proved to mc on thc basis of satisfactory evidence to be the p~rson(s) who executed ~is instrument, and acknowledged to mc that executed the · same on behalf of in thc capacity(ics) therein s~ated and for the Nt~.ffi OF H~N'ITFY purpose(s) therein contained. Witness my hand and official seal. 5IONA't"UI~ OF NOTARY My Commission exp/rcs: (SEAL) 9-07-2O-L7092 12. EOUAL F~MPLOYlVlI~NT OPPORTLrlq[TY. During the performance of this Contract, the City, hemlnatter r~ferred to a~ the "Contractor", agrees as follows: (a) The Con~ractor will not discriminate against any employee or applicant for crnplo.~mem because of race, color, religion, se.'q or national origin. The Conlractor will take affirmative act/on to ensure that applicants and ernploye~ are treated during employm,nt without regard to their race, color, religion, sex, or national or/gin. Such action will include, but not be limited to, the following: Employment, upgrading, dc'motion, or transfer, recruitment or recruitment adve~ising; layoffor termination; rate~ of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous place, available to employees and applicants for employment, notices to be provided by the Contracting Officer setting forth the provisions of this nondisa'irninatlon clause. (b) The Contractor will, in all soliciratlons or adv~ts for employt.~.s, placed by or on behalf of the Contractor. sta~e that all qualified applicants will receive consida-ation for employment without regard to their rac~, color, religion, ~x, or national origin. (c) The Contractor will send to each labor union or representative of workers with whom the Contractor has a collective b~rgaining agreement or. other ~ontraot or understanding, a notice, to be provided by the Contracting Officer, advising said labor union or workers' repre~ntative of the Contractor's commltmcnt.s under Section 202 of Executive Order I 1246 of September 24, 1965, as amended, and shall post copies of the notice in conspicuous places available to employes and applicants for employment. (d) The Conwactor will comply with all provisions of Executive Order No. 11246 of Scpteml~r 24, 1965, as amended, and of the rules, regulations, and relevant orders of the Secretary of Labor. (e) The Contractor'will furnish all information and reports required by said amended ExeculJvr Order and by ~he rul.es, regulations, and orders of the Secretary ot~Labor, or pursuant thereto, and will permit access to its books, records, and accounts by the Contracl/ng Offic~ and the Secretary of Labor for purposes of investigation to ascc-rtain compliance with such rules, regulations, and orders. (t) in the evmt of the Contractor's noncompliance with the nondiscrimination clause of this Contract or with any ofthc said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended, in whole or in part, and the Contractor may be declared ineligible for further Gova'nment contracts in accordance with proc~ures authorized in said amended Executive Order. and such other sanctions may be imposed and remedies invoked as provided in said amended Ex~utiv¢ Order, or by rule, rcgulaQon, or order of the Secretary of Labor, or as otherwise provided by law. (g) The Contractor will include the provisions of paragraphs (a) through (g) in every subcontract or purchase order unlc~ exempted by rules, r~gulatiom, or orders of thc Se~r~ary of Labor issued pursuant to Sc~tion 204 of said amended Executive Order, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or puimha~e order as the contracting agency may dire, t as a means of enforcing such providons, including sanctions for noncompliance: Ero~d~, howew-r. That in the evem the Contractor b~comcs involved in or is threatened with litigation with a subcontractor or vendor as a result of such direction by the con,ratting agc:ncy, the Contractor may request the United States to ~nter into such litigation to protect the interests of thc United States. I 3. SUCCESSORS IN 12SIT, In. ST OBLIGATI~D. This Contract shall be binding upon and inure to the benefit of the succe~ors and assigns of the parties h~'et¢,; Pro¥ided, ~, That no assignment or transfer of any of thc rights of the City hereunder shall be made without thc pr/or aritten conscmt of the United Stales, which consent will not b= unreasonably withheld. 9-07 -20-I.7090 7 14. ~Q_~, The United States makes no warranty, expre..~ed or impLied, as to the extent or validits' of the ~'ant containexi herein, or the condition at ~y time of the Easem~t Premise.s, or any of ~e property of the United' States thereon, or the suitability of the Easement Pr~mise. s for thc purposes of thc City. 15. HOLD IqARM~FSS. Thc City hereby agrees to hold harmless and indz'mnify the United States, FWUA, their employees, agents, sticcessor~, or assigns from and agai~t any c]aim~, demands, costs, lossc.s, caus~ of action, damages, or liability of whatsoever kind or nature arising out of or resulting from acts or negligence of the City's - activities under this Contract. Addiiionally; except for acts of negllgtmce, the City releases the United States. FWUA, its officers, employees, stmcessors, and assigns fi'om any and all liability for damage arising from injury to perions or damage to structures, equipment, improvements, or works of the City resulting from the consmiction, operation, or maintenance of any of the works of the United States, Emvided. ~ that nothing contained in tlzis Article shall be dc. emed to modify or limit any liability which may be imposed by the Federal Tort Claims Act, 25 USC, Section 21517 et w.~l. (19'/0). (a) The United States shall not be liable for any damage to the improvements, fa~'iliti~, or apptu'tensnces of the City whi~:h may result from the construction, operation, md maintenance of the Frlant-Kem Canal or other Rex:lamation proj~;t facilities, including damase which may oo:ur as the result of seepage, floodagc, or ~rosion from the works constructed by the Ulzited States. (b) The City shall be liable for any and all damages to the property of the United Slates by reason of the cxercis~ of the rights and privileges granted by this Contract. 17. COVENANT AGAINST CONTINGI~NIT FEE.,~. The City warrants that no person or agency has berm ~rnployed or retained to solicit or s~:ure this Contract upon an agreement or understanding for a commission. percentage, brokerage, or contingcmt fee, exceptin$ bona fide employees or bona rich: established agencies maintained by thc City for thc purpose of so-=m-lng business. For breaoh or violation ofltais warranty, the United Slates shall have thc right to annul this Contact without liability or in its discretion to requi~ the City to pay, ha addition to thc Contract price or consideration, the full amount of stroh commission, percentage, brokerage, or contingent fe~. 1 g. OFFICIALS NOT TO BENEFIT_ No Member of or Delegat~ to Congress or Resident Commissiom=, and no officer, agent, or employee of the Departmeat. of the Interior, shall be ,ar.iRed to may share or part of this Contract or to any l:,me, fit that may arise herefrom, but this real:fiction shall not be construed to emend to this Cozltract if made with a corporation or company l'or its general benefit. 9-07-20-L7090 8 0CT-1S-1999 12:19 BUREAU OF RECLAMATION 209 48? 5929 P.23 IN WITNESS WHEREOF, this ,easement is giwm as of the dat~ and year ftrst above written. UNITED STATES OF AMERICA BY. Robert F. Stackhous~ Regional Rcsources Manager Mid-Pacific Region Bureau of R~lamation ACCEFYANCE: The City of Bakersfield, and its authorized representatives, by signature below, agree to the terms and conditions above. CITY OF BAKERSFIELD APPROVED AS TO FORM: Bob Price Alan Dale Daniel Mayor Assistant City Attorney Datc Date APPROVED AS TO CONTENT: COUNTERSIGNED: Raul M. Rojas Cn'egory Klimko Public Works Director Finance Director Date Date NOTED: Friant Water U.~rs Authorit)' Date SCC-451 9-07-20-L7O9O 9 EXHIBIT "A" All that portion of the Northwest Quarter of Section 28, Township 29 South, Range 27 East, M.D.M., in the City of Bakersfield, Kern County, California, being more particularly described as follows: Commencing at a point on the WeSt line of said Northwest Quarter, from which point the Northwest corner thereof bears N0o11'00"E, 995.00 feet; thence SSaa49'00"E, 89.35 feet to the True Point of Beginning, being a point on the West right of way line of the Friant-Kern Canal, said point being on a 270.00 foot radius, non- tangent curve, a radial from said point to the center of-said curve bears N0oO4,35,W; thence Easterly along said curve through a central angle of 22o15'10'' an arc distance of 104.86 feet; thence N67o10,45,,E, 150.55 feet to a point on-the East r~ght of way line of the Friant-Kern Canal; thence along said East right of way line S14622,36,,E, 13.24 feet and S2ga30'E2,'E, 49.2S feet to a point on a 168.00 foot radius, non-tangent curve, a radial from said point to the center of said curve bears S22~05'2g,,E; thence Westerly along said curve through a central angle of 0643'47"E, an arc distance of 12.14 feet; thence S67.10,45,,W, 152.20 feet to the beginning of a 332.00 foot radius, tangent curve, concave Northwesterly; thence Southwesterly along said curve through a central angle of 18"09'43'', an arc distance of 105.24 feet to'a point on said West right of way line of the Friant-Kern Canal; thence N21o44,20-W, along said West line, 65.58 feet to the True Point of Beginning. Containing 0.38 acres, more or less. .i.m.e~LMARTER AND DEIFEL s K. Delmarter I' RCE~17564/Exp. 6/30/01 OI~rlONAL FORM ~ ~-~) FAX TRANSMITTAL ACKNOWLEDGMENT (FOR THE UNITED STATES) STATE OF CALIFORNIA ) )ss. COtfNTY OF ) On th/s ' day of , ! 9 _, befon~ me, _. personally appeared, NAME, TITLE OF OFFICER. E.~. 'SANE t~& NOTARY P~J~IC~, personally l~own to me -OR- proved to me on the basis of satisfactory evidence to be the person who execut~ this instrument, and acknowledged to me that execut~l the same on behalf of the United States of America in the capacity therein state~l and for the purposes therein cont~neck Witness my hand and official seal, $IGNATU~ OF NOTAI~y My Cor~,,,i~sion expires: (SEAL) 9-07-20-L7090  '"N.W. COR. SEC. 2~ 29/:27 I ' _ 55.00° _ I I~ ~ 1" = 60' ·  ~ ~ R~ FRIANT- K~ CANAL o ~ ,~ k . I 6s~5~ ~ ~ ~5~,'- ~x~ L 2.~4' ' I ~. ~ ' ~,~ 'L~IARTE. R ,lc OEJF'g'1,. JAMF..q K. I:)E:LI, IARTER 01 H S'"i'RLCE:T · 3-24,-g9 KERSFIELD. CA. 99301 EXI-iIBrr "R" ~ ACKNOWLEDGMENT STATE OF CALIFORNIA ) COUNTY OF ) On this day of ,19_ , b~for¢ mc, _ , , p~rsonally appcar~l, NAME, TITLE OF OFF[CEI~, E.G. 'I,~E DOE, NOTARY FUBL[C' NAME3 OF SIGNER(S) TITLE OF l:~rsonally known to mc -OR.- prove~l to m~ on thc b~i$ of satisfactory cvidcnc~ to be th; person(s) who executed this instrument, and acknowledged to me that executed the same on behalf of in the capacity(les) therein stated and for the- NAME OF ENTITY purpose(s) rhcr¢in contorted, Wimess my hand and official seal. 3IONA~ OF NOTARY My Commission expires: (SEAL) 9-07-20-L7090 . - TOTAL P. 27 BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM TO: ALAN TANDY, CITY MANAGER FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR~ ~-~ DATE: November 10, 1999 SUBJECT: LETTER TO SHELLABARGER ROAD RESIDENTS Council Referral Record #WFOO18300 /001 Councilmember David Couch was contacted at his request to discuss the letter to residents regarding opening the west end of Shellabarger Road to through traffic. Attached is a copy of the letter mailed to residents in the area asking them for their input and to return their responses to us by November 30, 1999 for City consideration. Attachment: Letter dated November 9, 1999 ~ NOV I 0 1999 G :\GROU~DA'I'~Referral$\Couch\Ltr2 Shollabar~erRdRe$ident$18300nov3-1999.wpd City of Bakersfield *REPRINT* WORK REQUEST PAGE 1 REQ/JOB: WF0018300 / 001 PROJECT: DATE PRINTED: REQUEST DATE: '~11/03/99 CREW: TIME PRINTED: 9:26:51 SCHEDULE DATES LOCATION: ~'l'A/cl': ±±~03J99 LOCATION ID: ZIP CODE: COMPLETION: 11/10/99 GEN. LOC: FACILITY NODES FROM: FACILITY ID: TO: REF NBR: REQ DEPT: CITY COUNCIL REFERRAL PRIORITY: HIGH REQUESTOR: COUCH ORIGIN: CITY COUNCIL REFERRAL USER ID: RBARAYHAR WORK TYPE: REFERRAL DESCRIPTION: LETTER TO SHELLABARGER ROAD RESIDENTS REQUEST COMMENTS ***REFERRAL TO RAUL ROJAS - PUBLIC WORKS*** COUCH REQUESTED RAUL ROJAS CALL HIM CONCERNING THE LETTER TO RESIDENTS REGARDING OPENING THE WEST END OF SHELLABARGER ROAD TO THROUGH TRAFFIC. Job Order Description: LETTER TO SHELLABARGER ROAD RESIDENTS at~gory: PUBLIC WORKS asK: RESPONSE TO REFERRAL Assigned Department: PUBLIC. WORKS START DATE / / COMPLETION DATE / / BAKERSFIELD CALIFORNIA November 9, 1999 COUNCIL Bob Price Subject: Opening the west end of Shellabarger Road to through traffic. b-ma Ca'sou Dear Resident: ~atricia DeMond w,~2 Both the City and the County have received a petition from some-of the residents in the Shellabarger Road area requesting that the west end of ~e Maggara Shellabarger Road be open to through traffic. Due to the receipt of this w,=a3 petition the City is considering this request while also considering the effects of opening the road to through traffic. David Couch Ward4 It should be noted that the City and the County met and worked out what was Randy Rowles acceptable to all parties advocating closure of Shellabarger Road. The City w~s Fire Department, County Fire Department, City Police Department, County Sheriff Department, City Public Works Department, County Roads ~'acquieSullivan Department, City Attorney's Office and the County Counsel were all w~,~6 consulted and all worked together to accommodate the wishes of the Mark Salvaggio community per that petition. Ward7 Residents in the area have made it clear that they do not wish to have a public community meeting on the issue. While we believe that would be the best forum for public input we recognize the scheduling conflicts that could arise for some residents if a single date were chosen. Public input is, however, imperative especially due to the controversial nature of this issue. We are therefore seeking input from the residents in the area on whether or not the opening of Shellabarger Road on the west end connecting to Pepita Way would be desirable. 1501 Truxtun Avenue * Bakersfield, California 93301 * (661) 326-3767 * Fax (661) 323-3780 G:~OROUPDA'l~Refe~'als~Couc~Sl~elta~argerLmterl 10899WF(:X318291 Page 2 of 2 A postpaid card has been enclosed with this letter. Please fill it out and return it by November 30, 1999. Any non-response will not be counted toward either side of the issue. Only those residents responding will be counted and those opinions considered. We greatly appreciate your cooperation and patience in this matter. If you have any questions please contact Marian P. Shaw at (661) 326-3579. E:J'A~1D COUCH RAUF ROJAS ,/ Councilmember, Ward 4 Public Works Director Supervisor Barbara Patrick Third Supervisodal District, Kern County 1115 Truxtun Avenue, Room 503 Bakersfield, CA 93301 G:tGROUPDAT~ReferralstCouct1~hetla~arge~.ette~.110899WFO018291 '  CONFIDENTIAL, PROTECTED M E M O R A N D U M BYATTORNEY/CLIENTAND'.: ATTOR.EY WORK PRODUCT -' PRIVILEGES October 26, 1999 TO: AlaN TANDY, City Manager FROM: MICHAEL O. ALLFORD, Deputy City Attomey SUBJECT: MARTHA S. KNIGHT '; ~*.'.-. City began eminent domain proceedings to acquire the "Knight" proPerty located at - · 615 16t" Street for the Amtrak Station Project. During negotiations, both Martha S2 Knight-::~" - and John L. Knight (as Trustees of the Knight Revocable Living Trust) agreed to swap their.~,i*:, parcel for a City surplus parcel located at 1601 13t" Street and funds.were provided t6' construct a warehouse for storage of propsl costumes, etc. used by the Bakersfield B~liet'":ii!i~il''-~ Theatre ..... ' When construction began, it was discovered that the new property was not serviced - by either sewer or water utilities. Ms. Knight requests the City reimburse her slightly in excess of $12,000 for costs she has incurred in bringing these utility services to the nrnnnrfu. .. For the following reasons, her request should be denied: 1. At the time of the property "swap," the City was not aware the property is not serviced by water and/or sewer utilities. Dudng the approximate nine-year period the City has owned this property, it was always vacant (undeveloped). As a reasonable and prudent business person, Mrs. Knight had an obligation to adequately investigate the property to assure that it met her needs prior to agreeing to the swap; 2. The parties entered into Agreement No. 99-13 dated January 13, 1999 wherein the Knights agreed all claims, causes of action and entitlements arising from this transaction are resolved. This is a binding contract, negotiated in good faith;. 3. There is an absence of "consideration" (benefit to the City) for payment of additional funds to the Knights, particularly in light of the negotiated agreement. Absent adequate "consideration" for this payment, the City is subject to both criticism and potential liability for improper use of public funds; .......................... ~ ...... ~ } -'. *.: ..' "-3 ' ' "- October 26, 1999 CONFIDENTIAL ~: '. :. Paae 2 '..-..~. :,. : ,~...~.~.: ...:... ' ": '~' '"~':'¥ .:'' ?'/~':L"-'"/','"~":. '.' "'~:'' 4. Mrs. Knight states in her OctOber 16, 1999 c0rres~le'ncet0 (~0u~iCil'perS°n~'!,. Demond that the City was' obligated to disClose the abSence of'.tl~eseutiiitieS 'bY virtue'0f "section 1102 of the Real Estate DisclosUre Law of, 1989., HoWe~/eF. her Citati°n'd0es not' ~. support her argument. The laW to Which MS.· Knight refers (a~uailYCiVil Code secti0n":'i'ii'~: ~ 1102) pertains to residential property only. ""-':"~ :. · ::i' ?-" (a) This was a commercial transaction.. ' ' (b) Civil Code section 1102.2 specifically exempts from the discloSure · requirement transfers by eminent domain (1102.2(b)) and transfers or exchanges to or from a goVernmental entity (1'102.2(j)). .. '" (c) Pursuant to Civil Code section 1102.4, liability for errors or 'omisSions ?i adses for.failure to disclose known conditions. As stated above,· agent or employee of City was aware that the property was' 'not':.: serviced by these utilities; . . /. 5. In conSideration for acquiring the Knight Property, the city 'paid (negotiated figure) and transferred the City property which had an aPpraised value of $30,000. The property acquired from the Knights in this exchangewas purchased by them"! in September of 1997 for $25,000 (including the storage structure' 'thereon).. This transaction placed the Knights in a much better position. Two years ago, they paid $25,000 for a building and land (3,812 square feet) worth approximately $35,000. They obtained a larger pamel (7,623 square feet in a superior location) and $30,000 to construct a new storage facility, both now worth a conservative $75,000 to $100,000. The old structure had limited utility due to its 7 foot ceilings, asphalt floor and small wood doors whereas the new structure has 14+ foot ceilings, concrete floors, roll up doors, curb/gutter/sidewalk, etc.; 6. Don Anderson confirms that Mrs. Knight had her attorney (identify unknown) review the purchase agreement on her behalf. Please do not hesitate to contact me should you have any questions or comments regarding the above. MGA:Isc cc: Bart J. Thiltgen, City Attorney Donald M. Anderson, Senior Real Property Agent S:~VlGA~Memos~ATreKnight.wpd 2420 C Street Bakersfield, California 93301 October 16, 1999 David Couch Bakersfield City Council 1501 Truxton Avenue Bakersfield, California 93301 Dear David: As you prepare to discuss my request for reimbursement for water and sewer installation. expenses on the lot at 1601 13th Street, which the City traded me to acquire my lot on 16th Street, I would like to direct your attention to Section 1102 of the Real Estate Disclosure Law of 1989. Under this law, any party selling real property must disclose if the property lacks water and sewer utilities. I have been advised that this law applies to property exchanges as well as sales. Including the wOrds "as is" in the contract .does not absolve the City of its responsibility under the law to disclose the absence of water and sewer on the property. I accepted the lot on 13th Street "in good faith" expecting it to have utilities and it did not. I believe it is only fair for the City to reimburse me for the expense of adding these utilities to the property. Thank you for considering my case. ResPectfully Yours, Martha Knight Bakersfield Ballet Theatre ADMINISTRATIVE REPORT I MEETING DATE: October 20, 1999 I AGENDA SECTION: Consent Calendar ITEM: 8..~. TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: October 12, 1999 CITY ATTORNEY CITY MANAGER SUBJECT: Agreements with the United States Department of the Interior, Bureau of Reclamation, Central Valley Project, California (Ward 4): 1. Contract and Grant of Easement for Coffee Road 2. Contract and Grant of Easement Access road and Bridge Across the Friant-Kem Canal RECOMMENDATION: Staff recommends approval of the contracts. BACKGROUND: In May of 1997, the City of Bakersfield entered into a license agreement with the Bureau of Reclamation for the construction of a new crossing of the Friant Kern Canal south of Rosedale Highway and east of Coffee Road. This crossing was for Jet Way, an entrance road into the new shopping center at the southeast corner of Rosedale Highway and Coffee Road (Lowe's). Additionally, the City was granted permission to construct a right turn lane for Coffee Road. These agreements allowed the City to construct improvements on the Friant -Kern Canal, with the understanding that, when the improvements were complete, the City would be granted permanent easements for these projects. The work was done by Normal Development, the developer of the shopping center. Construction of the improvements is now complete and the Bureau of Reclamation is granting to the City the permanent easements for both the turn lane (No. 1 above) and for Jet Way (No. 2 above). October 12, 1999, 10:01AM G:\GROUPDAT~DMINRP~1999\October20\PM10236 easements.wpd 0CT-13-1~99 12:05 BUREAU OF RECLAMATION 209 48? 592? M.W~ When recorded return to: U.S. Deparlment of Interior' · Bureau of Reclamation Attention: Land Resour,~ Managemcut 2666 N. Grove Industrial Drive, Suite 106 Fresuo, CA 9372%1551 Con,'act No. 9-07-20-L7092 UNITED STATES DEPARTI~NT OF THE INTERIOR BUREAU OF RECLAMATION CENTRAL VALLEY PROJECT, CALIFORNIA CONTRACT ANI} GRiI~ OF E~SRMEI~Fr ~OR CO~F£~ ROAB THIS CON'rR~CT, is granted this day of ,1999, pursmmt to the Act of Congress approved June 17, 1902 (32 Stat. 388) and particularly the Act of congress approved August 4, 1939 (53 Stat. 1187), and acts amenda~ory thereof or supplementa.D, thereto, all of which acts are comm~lly kaowll alld referred ~o as the Federal Reclamation Laws, by ~ud betweeu thc UNITED STAT~S OF AMERICA, hemlnafter called the "United States', represented by the officer executing this instrument ou its behaff, and the CITY OF BAKERSFIELD, a political subdivision of the State of California, acting by and through its City Council, hereinafter called the "City". RECITALS: The United States acquired certain lauds for the right-of-way of thc Friant-Kem Canal iu cx, uneetiou with the Central Valley Project, and the City has requested that the United Sates 8rant to it au easement for the eonstnmtion, re¢onsU'uction, operation, and maintenance ora portion of Coffee Road over, on. and across said lands in the Northw~t 1/4 of Section 28, Township 29 South, Range 27 East, M.D.B. & M., County of Kern, Statc of California; and The Ffiant Water Users Authority (FWUA) is responsible for the operation and mainteuar~¢ of the Ffiaat-Kern Canal; and The United States has determined the grant o. fsuch easemeut under the terms aud renditions hereinaft,.'r provided will not be incompatible with thc purposes for which the lauds were acquired and are being administered on behalf of thc Uni~.xl States. IT I~ AGREED: In consideration oft. he pr~'mi~s and subject to the terms and conditions hereinafter set f~srth, the parties hereto agree a.s follows: 1. DESCRIPTION OF EASI~MENT. The United States hereby grants to the City a permanent, nonexclusive easement for public roadway pUrPosc~ on, over, and across the lands of the United States described in "t~y&ibit A" and shown on a map marked "Exhibit B", which are attached hereto and by r~ference made a part hereof. This grant of easement shall include thc right of thc City to enter thc ,,bore-described lands, hereiaaller referred to as the "Easement Premises", to construct, reconstruct, operate, and maintain Coffee Road, a segment of.the City's public road system, alld structures appurtenant thereto, in accordance with plans previously approved by the Urfited States and FWUA, received November 21.1995, tiffed Coffee Road & Brimhall Road Widening, 14 sheets, Job T3K01 $, prepared by or under the direction of.l'acques R. La Rochelle, Registered Profe~. ional Engineer, including Addeadums one (1) through four (4). 2. RESERVATIONS AND EXCEPTIONS. The easement described in Article I above is granted subject to the following r~ervations and exceptions: (a) The existing fights in favor of the public or third parties ia the Easement Premises. The City recognize.s that it is its sole responsibility to make whatever arrangements as are necessary to obtain such fights as may be required by the City fi-om any other party or parties holding any other interest ia the Easement Premises. (b) There is reserved from the rights herein granted, the prior rjght~ of the United States a~ting through the Bureau of Reclamation, Department oft. he Interior, to construct, operate, and maintain public works now or hereal:ter authorized by the Congress without Liability for severance or Other damage to the City's work; ~ however, that if such reserved rights are not identified'in at least general terms in this grant and exercised for works authorized by the Congre~ within 10 years following this date of this grant, they will not be exerci.~ unless the city or City's successor in interest is notifi~.4 of the need and grants an extension or waiver. If no extension or waiver is grante& thc Governmtmt will compensate or institute mitigation measures for any resultant damages to work~ placed on said lands pursuant to the rights herein granted. Compensation shall be in the amount of the cost of recon.m'uction of City's works to a~.'commodate the c,'xer~ise of the Government's reserved fights. As alternatives to such comp~sation, thc United Stat~, at its option and at its own e.x'pen~, may mitigate the damages by reconsWacting thc City's works to accommodate the Government facilities, or may provide other adequate measures for any d~-ge to the City's property~ or right The decision to compex~atc or mitisate is that of the Regional Director, Mid-Pacific Region. (¢) The United States reserves thc figh~ of its o~eers, agent~, and employee~ at all th~es to have unrestricted access and in/~-ess to, passage over, and egre~s fi'om all of said lands, for the purpose of exercising, enforcing, and protecting the rights re.~ed hereunder. (d) The rights granted hereunder shall not be exclusive/n character and the United Stat~-s reserves to itself, its successors and assigns, the right against the City to use the la~ls crossed by or upon which irrigation and drainage facilldos and works of the United States have berm constructed, and to conswact, reconstruct, operate, and maintain thcn~in and thereon dams, dikes, canals, wasteways, laterals, ditches, tel~hone and telegraph lines, electric transmission lines, substatiom~, s'xvitchyards, powerplants, communication structures, ro~tways, and other appurtenant irrigation, drainage, and power structures which may be ne~¢~ or useful in connection with or as a part of canals, laterals, and other irrigation and drainage'facilities, or other authorized purposes, without any pay'mcnt by the United Stat~, its successors, or assigns for the exercise of such right, and the city agrees that fi.the construction, reconstruction, installation, operation, or maintenance of any or all of ~¢h works of the United States, on or across the land at thc above-described location should be made more e,x'pensivc by reason of any structures, improvements, or work~ oft.he City, such additional expense may be estimated by thc Secreta.~. of the Interior whose estimate ~all be final and binding upon the parties hereto, and within thirty (30) days after demand is made upon thc City for payment of any 9-07-20-L7092 2 0CT-1~-1999 12:96 BUREAU OF RECLAMATION 209 4~'t b~'t ~.~4 such sums, the City will make payraen£ thereof to the United Star~s or its successors or assigns constructing such works across, over, under, or upon said rights-of-waY; Prvvld~l, That nothing he~in shall be construed as prohibiting the City fi.om removing or relocating its facilities to other locations to be approved in writing by the Contracting Officer so as not to int~.-ffere with such works of'the United States, all at the City's sole cost and c.xpens¢; and Provided, further_ That any such removal or relocation shall be completed within sixty (60) days from thc date of notice from the United States or its successors or assigns of its intention to construct such works. (¢) Jurisdiction and supervision of thc.United States over the Easement Premises ar~ not ~'urr~ndered or subordinated by the issuance of this Contr~t and the United States reserves the right to issue other easements, rights.of-way, permits, or other agreements for compatible uses of the lands described in this Contract. 3. M2ISCELLANEOUS CONDITIONS. In the -,se of the E~'ment Pt~mises described in Article 1 above, the City shall f~ithfully observe each of. the following conditions: (a) The City shall not nsc the Easement Premises for my purpose ~eept as set forth in s~id Article 1. (b) The citY accepts the Easement Prrmises "As Is" and aelmowledses that the United States is under no obligation to improve the present condition of the Eas~nent Premis~. (c) The City, st its sole c.xpc-nse, shall construct, rcconslruct, install, operate, and maintain said Road substantially as shown on the aforesaid plans. Additional cons~uction, r~onstnmtlon, reloc~on, or use of the Easement Premises which is not in accordance with this Contra~t and C_n'ant of Easement shall not be initiated the prior written approval of the United States and FWUA. Additionally, the City will be required to reimburm: thc United Stat~s for its administrative costs involved in the review and approval of such additional activities. (d) Tl:m City shall, from time to time, upon reasonable reqrmst from the United Slates~ promptly repair or alter any part of thc roa~l tn preclude damage to the facilities of'the United States, and the City agre~ to perform all such repair or ~lteration without regard to the cause, except whc~re caused or necessitatc~d by axl act or omission of the United States. This provision shall not, however, relieve the City fi'om the duty of inspecting and keying the road in a proper and safe condition without the r~qucst of the United States, nor place upon the United States the duty ofinspecfng or m,intainlng the road instal/ecl by or for the City. In the event thc City should fail to promptly make such repairs or maintain the road a..ffer 30-days written notice by the United States, the United States may, at the election ofthe.Reglonal Dir~tor of the Bureau of Reclamation, enter and make such repairs or perform such maintenance at the expense ofth~ City. (c) The City shall provide perpetual maintenance 0fth¢ landscaping of thc adjacent landscaped Friant-Kem Canal SI/trion 8122+21.98 to Station ~ 136+26.38, and d~s~ribed in drawings titled, City of B~ccrsfield, Coffee Road Landscaped/rrigation Improvements. BeV. veen Ros~d~lc Hwy./Brimhall Rd., Revised 6F2/99, 17 sheets, Job No. T3KO16, by Theodore D. Wright. Registered Professional Engineer. Should the City fail to maintain the landscaping in a satisfactory manner, as determined by United States and FWUA, the United States m~or FWUA may, at the expense of the City, correct said deficiencies. Any modifications to landscaping plans or types of plantings shall require prior written approval by United States and FWUA. (0 The City shall at all tim~s exercise its rights h~r¢in in accordance with all State, Federal. and locad laws, regulations, ordinances, and orders affecting such use, including, but not limited to all those pertaining to pollution cona'oi, environmental protection, air ,nd water quality, public health, and public safety. 9.07-20-L7092 3 (g) During the performance of the work authorized by this Contract. the City shall cart)' out proper and efficient measures who'ever and as ol~n as necessary to reduce dust nuisance and to prcv~.-nt dust which has originated from its operations from damaging crops, orchards, cultivated fields, and dwellings, or causing a nuisance to persons. . .. (h) The City shall exercise due care in the use of the Easement Pr~mises so as not to interfere with the proper use and operation of or cause injury or damage to any property, irrigation and drainage: facilities, or works ofth~ Umted States. (i) The City shall re/mburse thc United States for any and all co~s and ~q~enses incurred in the defense of any action which challenges thc City's use of the above.described lands. ii) The City shall be Liable for all taxes and assessments,/fany, against the Easement rights granted herein. 4. PROTECTION OF CULTURA~ (a) In the event cultural resources (human remains, artifacts, cultural debris-bone, shell, charcoal, wood) arc di.~r, overed during actions authorized herda, City shall be responsible for ceadng project a~tivity (i.e., W/Thin thc proximity of the cultural find). I. fNativ¢ American human remains are discovc~i on Federal land 25 USC 3002, Sec. 3 (d) of the Native American Graves Prora'ction and Repatriation Act (NAGPRA) applies. Reclamation, in¢ludlng the Regional Archeologist. will be contacted to determine appropriate actions to comply with NAGPRA and the National I-Ii,,toric Preser~'ation Act (b) City shall be responsible for r.-porting the find to Uuitcd Stah~s Bureau of Reclamation and local authorities, as requ/r~ by local, ~at¢ and F~ieral law and coordinating inswactions from cultural resource professionals approved by United States Bureau of Reclamation to assure proper resolution. 5. ~ERM. Th/s Contract and Grant of Easem~mt shall hereafter be d~.nsm~d to replace and supersede the License issued for the Coffee Ro~ w/alerting, Contract No. 6-07-20-L6540, dated December 8. 1995. Unless t~rminated as herein provided, the easement fights de~fibed herein are granted to the City in perpetuity. 6. F,I~,]~/~/A,T, LQ_~. Tixis Contract shall tcn-rninate and all rights of the City hereunder shall dense upon following: (a) At~er failure of the City to ob~rve any of the condit/ons of this Con~ract, and on the 30th day following service of wr/~n notice on the City of ta~mination because of failure to observe such ¢onct/t/ons; or (b) At any time by the City upon three (3) months writ'ten notice to thc Unimd States; or (c) At its option, by the United States for nonuse of thc Ea~ment Premise~ by the City for a period of t~venty-fo~ (24) consecutive month~. The notices provided by th/sArticle shall be served by ceaifieti mail addressed to the respective addresses given in Article 9 her~in, and the mailing of any such notice properly enclosed, addressed, stampexl, and certified, shall be considered service. · The United Stat~s w/Il determine it'thc City's improvements, faciLities, and appurtenances will be removed upon termination. If the United Stat~ determines that said improvemcnta, facilities, and appurt,.,nances shall be removed, removal shall be made w/thin thirw (30) days a_~er termination, and thc Ea-~ement Premises will he restored to 9-07-20-L7092 4 0CT-1~-1999 12:07 BUREAU OF RECLAMATION a condition satisfactory to the United States and FWUA. Said removal and restoration activities shall be atthe sclc cost and expense of the City. In the event the City docs no~ within thirty (30) days after thc termination of thc Conlract, remove all improvemenls and/'agilities constructed or installed by thc Cily, and restore the premises to a condition satisfactory to the United States and FV~JA, the United States or its design~.~ may remove the improvc.~nents and facilities placed on the above land.s; dispose of all materials and equipment so ranoved by such means as may appear advisable to return the Easement Premises to a safe, usable, and cleared condition; and re. cover all costs of removal, disposal, and rehabilitation of the Easement Premises from the City, 7, B~CH OF CONTRACT. Enforcement of the t~nns ofthls Contract shall be at the discretion'of the Umted States, and any forbearance by United States to exercis~ its fights under this Contract in the event orany bre~h of any term of the Contrazt shall not be construed to be a waiver by United States of such terms or o~'any subsequent breach of the same or any other term of this Contract or of any of United States' rights under this Contract, No delay or omission by United States in the exercise of say right or remedy upon any breach by City shall impair such right or remedy or be construed as a waiver. Further, nothing in this Contract creates non-discrdionaty duly upon the United States to enforce its provisions, nor .h-lt deviation from these terms and procedures, or failure to ~ffotc¢ its provisions give rise to a private fight of action against United Stat~s by any third parties, 8, CONSIDERATION. (a) Beginning as of the effective dat~ of this Contract and thereafter un~ such privileges are relinquished or terrain.ted as herein provided, the City may enter, occupy, and use the described lands without charge for the purposes of constructing, reconstructing, operating and maintaining Coffee Road and structures appurtenant thereto. The United States has waived the value of thc right-of-use in accordance with 43 CFR (b) In accordance with 43 CFR 429.6(b), the City. shall pay all administrative costs ineturcd by United States in issuing this Conlract, ~. NOTICES, (a) Any noti~, d~nand, or request required or authoriz-cd by this Contract to be given or made to or upon the United Stat~ shall b~ d~:mcd properly given or made if delivered or mailed postage-pr~-paid, to the Regional Resources Manager, Bureau of Reolamalion, 2800 Cottage Way, Sacramento CA 95825-1898. (b) A~y notice, demand, or request required or authorized by this Contract to be given or mark: to or' upon the City shall be deemed pwperly giv~ or made if delivered or mailed postage-pn:paid, to City of Bakersfield, Public Works Departtncnt, 1 SO1 Truxtun Avenue, Bakersfield, California 93301, (c) Thc desi~ation of the person to or upon whom any notice, demand, or re. quest is to b~ given or made, or the address of such person may be changed at any time by notic~ given in the same manner as provided in this Article for other notices, 9-07-20-L7092 5 0CT-13-1999 12:08 BUREAU OF RECLAMATION ~09 489 59~'? ~.~'~ GEN£ RA L PROVIS 10~$ as ~c "Con,actor" a~ ~ fo~ows: ~d R~l~afion po~ci~ ~d ~ctions, c~g or h~ ~act~ ~ prom~gat~ ~ncc~ng ~y h~dous mate~al ~a~ will be ~, p~uc~, ~~. ~ ~ ~o~ of On or M l~ds, wate~ or facilitics U~ted Stat~ or ~e~d by Rccl~tion. ~c Compr~sivc Ea~~ R~, C~~ ~d Liab~ Act of 1980, ~ ~end~ (42 USC ~01, ~ ~, ~d ~e re,latins p~mulgat~ pm~t m ~at Act. (c) The C~actor my not ~low ~nt~naion of l~&, w~s, ~ facili6~ o~ by ~ Unit~ Mdus~al w~te, ~ol¢m prod~% mine tailings, min~ s~ts, p~cid~ (Mclu~g, but not limi~ ~, ~c mism~ of may or do~ ~sult M po~ufi~ or ~t~in~on adv~ ~g 1~, watts or ~cilifi~ o~ by Slat~ or a~st~ by R~l~fion. (e) Violati~ of ~y of ~ pm~sio~ of ~s ~cl~ sh~l ~6tutc ~o~& for restoration of ~y Federal r~o~ ~ facilities ~at ~ adv~ly ~ect~ m a ~t of &e violafi~. (~ The ~n~tor ages to Mcl~e ~e prevails ~n~n~ M'p~aph (a) ~ou~ (~ offs ~cl~ ~ ~y sub~ne~t or ~d p~ ~aca it m~ ~ M~ p~s~t to ~ Con,act. (8) Recitation a~ to provid~ ~o~a~ n~ for ~ Con&~tor. ming diligence, to c~ply ~ ~e pm~sion offs ~cle. 11. NO~C~ATION. D~g ~e ~ffo~c¢ or,is Con~ac~ a~ Ci~ a~ ~ follows: (a) To ~mply ~ Title ~ (~fion ~1) of~e Ci~ ~ts Act of July 2, 19~ (78 Stat. 241), wMch pm~d~ ~at %.. no p~ M ~ UMted S~ s~I, on ~e ~o~d of race, ~lor, ~ or ~d by ~e re~lafions of~¢ D~nt of~e In,or for ~c e~mafion ~er~L as set fo~ M 43 CFR P~ 17. . . ~) To obliga~ its subcon~acto~, sub~t~, ~s, s~c~ M Mter~t, or ~y o~er p~c~p~ts receipt Fed~ ~ci~ assi~mc~ hc~em~, to ~mply wi~ ~e ~qu~m~nL~ offs pro,sion. (c) M ~ ~t ~at a final d~sion of a h¢~ng ex~;ncr or of ~e D~ctor. Office of H~ngs Appeals. p~u~t m 43 CFR P~ 17, pro~ for tc~nsfi~ of or re~ to ~ant ~ ~t pro~ded by ~s Con~act, · c Sec~ of the Mt~or may t~ina~ ~s Con~t ~d revoke ~ g~t. ~s p~vision shah be a covert ~s~is~ce is e~nd~ or tbr ~y o~ p~ invol~ng ~e pro~si~s of simii~ s~ccs or h~fits. 9-07-20-L7092 6 QCT-15-1999 12:89 BUREAU OF RECLAMATION 209 48? 592? P.08 12. EOUAL ]~IVlPLO~NT OPPORTIJ'NITY. During the performance of this Contract, the City, hcrcinaft,.v referred to as the '~Contractor", agrees as follows: (a) The Contractor will not disa-iminat~ against any employee or applicant for ernploym~n~ l~cau.~' of race, color, r~ligion, sex, or national origin. Th~ Contracior will tak~ al~-mative action ~o ensure that applicants and crnploye~'s ar~ treated during employment xvithout regard to their race, color, r~ligion, sex, or national origin. Such action will include, but not be limited to, the following:. Employment, upgrading, ~motlon, or transfer', recruitment or recruitment advertlsing; layoffor termination', rates oft, ay or other forms of compensatlon; and selection for training. including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applican~.~ for employment, notices to be provided by the Contracting Olticer setting forth ~h¢ provisions of ~his nondiscrimination clause. (b) The Conu'actor will, in all solicitations or sdverd~ments for employe~s, plac,xi by or on behalf of the Contractor, state that all qualilied applicants ~ll receive consid~r~on for e~nployment without regard to their rac~, color, religion, s~x, or national origin. (c) The Conlractor will send to each labor union or r~reseata~ive of workers with whom the Contractor has a collective bargaining agreement or other contract or understanding, a notice, to be provided by thc Contractihg Officer, advising said labor union or workers' represc-ntative of the Contractor's commi~n~nts und~ Section 202 of Exo:utive Order 11246 of September 24, 1965, as amended, and shall post copies of the notice in col~-picuou.s places available to ~mployees and applicants for employment. · (d) The Conlractor will comply with all provisions of Executive Ord~ No. 11246 of Sepl~mber 24, 1965, as amc'haled, and of thc rules, regulagons, and relevant orders of thc Secretary of Labor. (~) Thc Contraclor will furnish all information and rc,-ports required by said arnen~_~ Executive Order and by the rules, r~gulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, r~cords, and accounts by the Contracting Officer and thc Secretary. of Labor for purposes of investigation lo sscenaln compliance with such rules, regulations, and orders.' (0 In the event of thc Contractor's noncompliance wi~h thc n~r~i'scrimination clause o£this Conlract or ~-ith any of thc said rules, regulations, or orders, this Contracl may be canceled, terminat~i, or susp~dcd, in whole or in pan, and the Conu'actor may be declared ineligible for further Govo'oment contracts in accordance with proc~lur~s authorized in said amended Ex-,cutiv¢ Order, and such oth~ sanctions may bc imposed and remedies invoked as provided in said amendo:I E.~utiv¢ Order, or by rule, regulation, or order of the Secretar? of Labor, or as oth,~rwi~ provided by law. (g) The Contractor will include the provisions of paragraphs (a) through (g) in every subcontract or purchase ordo- tmless exempted by rules, regulations, or orders of the Secretaz,y of Labor issued pursuant to S~ction 204 of said arn~dcd Ex~utive Orclcr, so tha such provisions will bc binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase or~r as the contracting agency may din~t as a means of ~n~forcing such provisions, including sanctions for noncompliance: Provided, hiz~.ver, That in the event the Conu'actor becomes involved in or is thr~tcned with litigation with a subcontractor or vendor as a result of such direction by the contrac~in~ agency, the Contractor may' request thc United States to c'nter into such litigation to protect thc interests of thc Uni,,~d Sta~cs. 13. SUCCESSORS IN E',rTI~RI~ST OBLIGATED_.' This Contract shall bc binding upon and inure to thc benefit of~¢ successors and assigns of the parties hereto; ~ how'ever, 'l'hal no ass{~onmc-nt or transfer of any of ~e rights of the Ci~ hereunder shall be made without thc prior ~vrirtc-n consent of the United States, which con.~nl~ w, ill ,~ot be m~.re,-~nably withheld. 9-O?-20-L7092 7 0CT-13-1999 12:09 BUREAU OF RECLAMATION 209 487 5927 P.09 14. ]S.Q_W_d~ff..T.X. The United States makes no warranty, expressed or implied, as to the extent or validity of'the grant contained herein, or the condition ~t any time of the Easement Premises, or any of the property of the Unit '~t. Sta~es thereon, or the suitability of the Easement Premis~ for the purposes of the City. 15. I-iOLD HAR,~E,~S. The City hereby agrees to hold h~mless and indemnify the United States, FWUA, theil' employees, ag~mL,~, successors, or assigns fi-om and against any cl~im~, demands, costs, losses, cau.~-~s of action, damages, or liability of whatsoever kind or natur~ arising out of or resulting from acts or negligence of the City's activities tinder this Contract. Additionally; ex~.-c-pt for acts of negligence, the City rclcas~ the United Sr. ates, FWT, JA, iLs. officers, employees, successors..nd assigns from any and all liability for damage arixing from injury to pers~ or damage to slructures, equipment, improvements, or works of the City resulting fr(ma the construction, operation, or maintenance of any oft. he works of the United States, ]~LZi.4~, ~, that nothing contained in this Article .~h._ll bc deemed to modify or limit any liability which may be imposed by the F.~lcral Tolx Claims Act, 28 USC, Section 261 ? et s~. (19?0). ]6. UA TY. (a) The United States shall not be liable for any damage to the improvem~ts, facilities, or appurtenances of the City which may result fi'om the col~ruction, operation, and maintenlmce of the Friant-Kem Canal or other Reclamation project facilities, including damage which may occur as the result of sec'page, floodage, or erosion from the works consw~cted by the United States. Cb) The City shall be liable for any md all damages to the property of the United States by reason of the exercise of the rights and privilegt~ granted by th~s ContracL 17, COVENANT AGAINST COlqTINGENT b-'F~S. The City warrants that no per-non or agency has been employed or retained to soLicit or secure this Con.act upon an agrt~ent or tmderstnnellng for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide eslablished agencies maintained by the City for the purpose ofsecLu'ing business, For breach or violation of this warranty, the United States shall have the right to almul this Contract without liabiLity c~ in its discretion to ~quire the City to pay, in addition to the Con~ract price or consideration, the full amount of such commission, ptm:entage, brokerage, or contingent I g. OFFICIALS blOT. TO BENEFIT, No Member of or Delegate to COngress or Resident Commissioner, and no officer, agent~ or employee of the Doparllnen! of the Interior, shall be admitted to any share or part of ~ Contract or to any bi.merit that may arise here. frotlL but this restrictioll .shall llot be construed to ext~d.to this Contract il'made with' a corporation or company for its general 9-07-20-L7092 8 IN WITNESS WHER. EOF, this casement is given as of thc date and year first abovu writterl. UNITED STATES OF AMERICA BY Robert F. Sta~khou.~ Regional Re. sautes Manager Mid-Pacific Region Bureau of Reclamation ACCEPTANCE: The City of BakersfieM, ~d its authorized representatives, by signature below, agree to the terms and conditions above. CIT~ OF BAKERSFIELD ,~PPROVED AS TO FORM: By By_,, Bob Price A]-- Dale Daniel Mayor Assistant City Attc~'n~ Date Date APPROVED AS TO CONTENT: COUNTERSIGN'Eli: By. Raul M. Rojas Cn'egory KLimko Public Works Director Finmce Director Date Date NOTED: Friant Water Usc'r~ Authority Date $CC-451 9-07-20-L7092 9 'EX~rRIT "A- ADDITIONAL ROAD EASEMENT FOR COFFEE ROAD SOUTH OF ROSEDALE RIGHWAY A parcel of land in the nonhwes~ I/4 of Sect/on 28, Township 29 South, Range 27 East. Mount Diablo Base and Meridian, City of Bakersfield, County of Kern. State of CaliforpJa, being more particularly described as follows: Commencing at the northwest comer of sa/d Sect/on 2g; thence South 00°49'32'' West along, the west line of said Section 28, 45.01 feet; thence South 89"$3'48" East, $~.00 feet to the point of intersection of the south fight of way line of Rosedale Highway with the east fight of.way line of Coffee Road. said point also being the TRUE POlgqT OF BEGI2q'NING; 'I"ftENCE (1) South 89°$3'48" East along said south right of way line, 39.50 feet; T~lr-NCE (2) South 45 °27'52" West, 34.86 feet4 TBFENCE (3) South 00°49'32" West, 178.73 feet; Tla~,NCE (4) South 07°57'02" West. to a point dn the east right of way line of Coffee Road, 120.93 .feet; THENCE ($) North 00049'32.' East along said eas: fight of way line, 323.03 feet to the TRUE POIlqT OF BEGIIqNI~G Containing 4,247 s.f, more or less. i /~ COFF'E~ ROAD- ~_ OOF'FE~ ROAD, IV. ~ ~. ~. R~~ HI. WA 4~01' XO2~~?::~¢-::~m~.::~:::,~.:~:::?~'.· ~: ~:::,~.:-. :u_?; :- ~ - :--~ . -. - ..... . Z-'~ ~ ..... :-.:: :,,,:,:..:.:.. .... -:,~....,-. --.¥ ............ · :.::....::, ::....:. . ...... ...... .... : ....~:. SCA(E ~ SHEET NO. I OF CO~F=~ ROAD EAS=M=N i~ P~M BUREAU O~ REC~IMA ~ON EXHIB~ 'B ' CI~ OF BAKERSFIELD CALIFORNIA i;~ ,~ PUBLIC WORKS DEPARTMENT ~,,: '-,,-- ACKNOWLEDGMEI,~I' (FOR THE UNITED STATES) STATE OF CALIFORNIA ) )ss. COLrNTY OF ) On this __ day of , ~ } 9 , t~fo~ me, , personally apparel, NAME. TITLli OF OFFICBR - E,~. "IAI',IE {Z~P., NOTARY PUBLIC~' p~rsonally knov~ to me -OR.- proved to me on thc basis of s~sfa~tory evidence to be the pcrson who c'xccur~} this insirumcnt, and acknowlcclEccl to me that cxccuu:d thc same on behalf of the United Stat~s of America in thc capacity therein stated and for the purposes therein contained. Witness my hand and official seal. 8[({NATt.r{~ OF NOTAit Y My Commission expires: (SEAL) 9-07-2O-L7092 0CT-13-1999 12:12 BUREAU OF RECLAMATION 209 48? 592? ACKNOWLEDGMENT STATE OF CALIFORNIA ) COUNTY OF )' On this day o1' ,19~.._, before mc, , personally appcarexl, NAI~I~ TITLE OF OFFICT:.R - l~.O. '$,~ql~ DOE, NOT,~IY PUI~LICs' p~somdly S~c~ to mc -OR- provc~:T to ,-,c on ~¢ basis of's~dst'~to~ ¢~dc~c¢ to i~ person(s) who executed this histmmcnt, and aclmowlcdg~ to mc that ex~cut~l the same on b~hzlfo~' in thc capacity(ics) therein s~ated and for die N~.~ OF lZNTITY purpos~-(s) therei~ contained. Witness my hand and official seal. ~,[Olq~ OF NOTA~.Y My Commission expires: (SEAL) 9-07-20-L7092 Contract No. 9-O7-20-L7090 UNITED STATES DEPARTMENT OF TI~ INTERIOR BUREAU OF RECLAMATION CENTRAL VALLEY PROJECT, CALIFORNIA CONTRACT ANI~ GRANT OF EASEMENT ACCESS ROAD AND BRIDGE ACROSS ~ FRIANT. ICI::~ I~N CANAl. THIS CONTRACT. is ~'antcd tkls day of ,1999, pursuant to the Act of Congre.~s approved June 17, 1902 (32 Stat. 388) and particularly the Act of Congress approved August 4, 1939 (53 Stat. 1187), and acts amcndato~ thereof or supplementary thereto, all of which ac~s ~e commonly known and referred to as the Federal Reclamation Laws, by and betwer~ the UNITED STATES OF AMERICA, hereinafter call,rd the "United States", represented by the officer executing this ias~'ument on its behalt~ and the CITY OF BAKERSFIELD, a political subclivision of the State of California, acting by and through its City Coua¢il. hereinafter called the "City". RECITALS: The Unlt~ States acquired certain lands for thc right-of-way of the Friaat-Kcrn Canal ia connection with the Central Valley Project, and the City has requested that the United States grant to it an eascment for thc con,~ruetion, reconstruction, operation, and mainu--aance of an access road and bridge over, on, and a~.xoss said lands ia thc Northwest 1/4 of S~.-ctlon 28, Township 29 South, Range 27 East. M.D.B. & M., County of Kern, State of California; and The Friant Water Users Authority (FWUA) is responsible for the operation and maiatenance of the Friant-Kem Canal; and The United States ha.~ dexermiaed the great of ~ch easement tmd~r thc terms and conditions hereinafter provided will not be incompatible with the purposes for which the lands were aCxluired and ate being admlalst~red on behalf of thc United States. fT IS AGREED: In consideration of the promises and subj,.~t to the terms and conditions hereinafter set forth, the parties hereto agree as follows: i. DESCRIPTION OF EASEMI~lqT. The United Stalas hereby grants to the City a permanent, nonexcl~'ive easement for public roadway purposes on, over, and across the lands of the United Stat~.s described in "Exhibit A" and shown ou a map marked "Exhibit B", which are attach~ hereto and by reference made a part hereof. This grant of eascraent shall include the fight of the City to enter the above-d¢~ribed lands, hereinatter referred to as the "Essemen! Premises", to construct, reconstruct, operate..nd maintain the access road and bridge, a segment of the City's public road system, and slructures appurtenant thereto, in accordance with plans previously approved by the United S~ates and FWUA, received .luly 23, i 996. tiffed Turman Construction, 23 sheets, Project 263-02.3, prepared by or under the direction of Ronald F, Ru~:ttgers, Registered Civil Engia~x:r, with a .l'uly 16,'.1996 signature, including Special Provisions, d. ateg January, 1995 (revival July, 1996), 2. RESERVATIONS AND I~X~CF_PTIONS. The easement described in Article I above is granted subject the following reservations and exceptions: (a) Thc existing rights in favor of the public or third parties in the Eas~.'rnent Pr¢'mises. The City r,~.ognir~s that it is its role responsibility to make whatever arrangements ,,s ~re necessary to obtain such fights as may be required by the City fi.om any other party or parties holding any other/n~est in the t~aseme~t Premises. ' (b) Them is reserved fi.om the rights herein grant~, the prior Hghts of the Unit. ed States acting through the Bureau of Reclamation, Department oft. he Interior, to conslruct, operate, and maintain public works now or hereafter authorized by the Congress without liability t'or s~verance or other damage to the City's work; ~ .., ' however, that it'such rest, fred rights are not id~tifi~ i,1 at least general terms in this grant md exercised for works authoriz~ by the Congress within 10 years following tiffs date of this grant, they will not be exercised unless the City or City's successor in interes~ is notified of the need and grants an e,x'tension or waiver. Ir'no u'xte~sion or waiver is granted, thc Government will comlx-msat~ or institute mitigation measures for any resMtant dsrn,o~es to works place, d on said lands pursuant to the rights h~r~in granted. Compensation shall be in the amount of thc cost of reconstruction of city's works to accommodate the cx~.'rcise of the C.~overnment's reserved rights. As alternatives to such ¢ompensatiol~, the Ur, ired States, at its option and at its own expense, may mitigate the damages by reconstructing the City's works to accommodate the Oovemm~.,nt facilities, or may provide other adequate mea.mrr, s for any damage to the City's prol:m9, or fight. The decision to compensate or mitigat~ is that of the Regional Director, Mid. Pacific Region. (c) The United States reserves thc right of its officers, agents, and employees at all times to have uru~stficted access md ingress to, passage over, and egress from all of said lands, for the purpose of exercising, ex.forcing, and protecting thc rights reserved heretmd~..r. (d) The fights granted hereunder shall not be exclusive in character and the Unit~l States reserves to itselt; its successors and assigns, the fight against the City to use the lands crossed by or upon which in'igation and drainage facilities and works of the United States have bt,en con~'U'ucted, and to construct, reconsumct, operate, and maint.An therein and thereon dams. dikes, t:anals, wasteways, laterals, ditches, telephone and telegraph lines, electric transmission lines, mbs. rations, switchyards, powerplants, communi~:ation su'uctures, roadways, aud other appurtcmmt irrigation, drainag,~, and pow~.'r structures which may be n-~xted or useful in connection with or as a part of ca~als, laterals, and other irrigation and drainage facilities, ;r other autho6.z.t:d purposes, without any payment by the United State. s, its s~cessors, or assigns for the ex~.'rcise of such right, a~d the City agrees that ii'the construction, r~:onstruetion, installation, operation, or maintenance of any or all of Such works oft. he United States, on or across the land at th; above-d~scrib~d location should b~ made more expensive by reason of any structures, improvements, or v,'orks of the City, s,,,'h additional ex'pensc may be estim:~ted by the Secretary of the l. uterlor whose estimate shall be 9-07-20-L7090 2 OCT-IG-lO99 1~:1~ BUREAU OF RECLaMaTION i: 209 ~87 5~? ~.iY md binding upon the parties h~reto, and within thirty (30) days ~t:r demand is made upon the City for payment ofany such sums, r/~ City will make payment thereof to thc United States or its successors or assigns constructing such works across, over, under, or upon said rights-of-wa~ Provldq_gl, That nothing herein shall be construed as prohibiting tho City fi'om rumoring or relocating its facilities to other locatlons to be approved'in writing by the Contraetlng Offie,~r so u to ixlterferc with such works of the United States, all at the City's sole cost and expense; and ~ded, flxrihcw, Thai: any st~h removal or relocation shall be completed within suay (60) days from thc date of notice from the United States or its successors or assigns of its intention to consmlct such works. (e) Jurisdiction and supervision of the United States ov~ the Easement Premises are not s/~rrendered or subordinated by the issuance of this Con,-act and the United Sates re.,~nares the right to issue other easements, rights-of-way, permits, or other agreements for compatible uses of the lands described in this Contract. 3. MISCELLANEOUS CONDITIONS In the use of the Easement Premises described in Article I above, the City shall faRM'ally observe each of the following condition~: (a) The City shall not use the Easement premises for any purpose except as set forth in said Article 1. (b) The City accepts the Easement Premises "As Is" and acknowledges that thc United States is under no obligation to improve the present condition of the Easement Premises. (c) The City, at it4. sole expense, tall construek reconstruct, install, operate, and maintain said road and bridge substantially as shown on thc aforesaid plans. Adgitional eonstruetior~ reconstruction, relocation, or use of the Easem~.~at Premises which is not in accordance with this Conla'-ct and Grant of Easement shall not be kfitiated without the prior written approval of the United States and FWU,~ Additionally, the City will be required to reimburse the United States for its adminislrative eo.~s involved in the review and approval of suer ~dditional aefivlties. (d) The Ci.ty shall, from time to time, u .t~on reasonable requesI from the United States, promptly repair or alter any pan of the road to preclude damage to the facilities oft. he United States, and the City ag;tees to perform all such repair t~r alteration without regard to the cause, except where caused or necessitated by an act or omission of the United Sta~s. This provision shall not, ho~'ever, relieve the City from the duty of inspecting and keying the access road and bridge in a proper and safe condition wi~out the request of the United States, nor place upon the Uniu,.fl States the duty of inspc~ting or maintaining the access road and bridge installed by or for the City, In the event the City should fail to prc~nptly make such repaks or maintain the road after 30-days written notice by the United Sta~s, the United States may, at the election of the Reglc~al Director of the Bureau of'Reclamation, enter and make such repairs or pc-ri'om such raaintenance at the ¢:lpensc of the City. (e) The City shall provide p~n'petual xnaintenance of the landscaping of the adjacent landscaped area, Ffiant-Kem Canal Station 8122+21,98 to Station $136+26.38. and described in drawings titled, R~sedale Plaza Canal Landscaping, 4 sheets, by Oasis Design Group, by Vickie Schmedding, Registered Landscape Architect. Should the City fail to maintain the lamiscaping in a satisfactory manner, as determined by United States and FWUA, the United States and/or FWUA ma!,', at the e~cpensc of'the City, colrect said deficiencies. Any modifications to landscaping plans or types of plantings shall require prior written approval by United States and FWUA. (,9 The City shall at all times exercise its rights herein in accordance with all State, Federal, and local laws, regulations, ordinances, and ord~s affecting ~ch use, including, but not limited ~o all those pertaining to pollution con~'ol, enviroranental protection; air and water quality, public health, and public safety. 9-O7-20-L7090 3 UUI--1D--i~ 12--~YIZ~ WU~MU U~ ~L~I~UN ~0~ 48? 5D~? P.18 (g} During the performance of the work authorized by this Contract. the City shall carry out proper and cfficieni measures wherever and as oIlen as necessary to reduce dust nuisance and to prevc-at dust which has originated from its opcratlons from damaging crops, orchards, cuhivated fielcb, arid dwellings, or causing a nuisance to pcr~ons. (h) The City shall cx~n:ise due care in the use of the Easement Premises so as aot to interfere with the proper usc and operation of or cause injury or damage to any property., irrigation and drainage facilitieS, or works of the United States. (i) The City shall reimburse the United States for ,ny and all costs and e.xp,mses incurred in the defense of any action which challenges thc City's use of thc above-described landis. (j) Thc City shall be liable for all taxt~ and assessments, if'any, against thc Ea.~nent fights granted here~. 4. PROTRCTION OF CULTURAL RE-SOURCE,S. (a) In thc event cultural resources (human remains, artifacts, cultural debris-bone, shell, charcoal,' wood) are discovered during actions authorized hcrdn. City shall be responsible for ceasing project activity (i.e.. with/~ the proxl,.,,ity of the cultural find). IfNativc American human remains are discovered on Federal land 25 USC 3002, · Sec. 3 (d) of the Native American Graves Protectioa and Repatriation Act (NAOPRA) applies. Reclamation, including the Regional Archeologist, will be contacted t~ determim~ appropriate acti _ohs to comply with H^GPR. A and National Historic Preservation Act Co) city 'shall be respo~ible for repc~ting the find to United States Bureau of Reclamation and local authorities, as required by local, state and Federal law and coordinafinff i~structions fi'om cultural ri:source professionals approved by United States Bureau of Reclamation to ~ssure proper resolution. 5. ~ This Coatract and Grant of Easement shall herealer be dc~med to replace and supersede thc License issued for the conslruction of the access road and bridge, Con~'act No. 6'07-20-L6644, dated April 23, 1997. Unless terminated as hcrdn provided, the easement rights descril:,xl herein ar~ granted to the City in perpetuity. 6. 2~,M,!~:tA.T.[~. This Contract shall terminate and all rights of thc City herctmdcr shall cease upon the following: Ca) ~,r failure ot'ae city to observe my of the condifio-,s of;his Contract. a~cl on the :10th day following service of writteh notice o,~ the City of termination because of failure to observe such COnditions; or (b) At any time by the City upon three (3) months written notice to thc United Sates; or (c) At its option, by the United States for nonuse of thc Easement Pr~nnises by the City for a p,~-iod of tw,mty-four (24) c~nsecutive months. The notices provided by ks Article shall be served by certified mail addressed to the respective addresses given in Article 9 herein, and thc mailing ofa~y such notice properly enclosed, addressed, stamped, and certified, shall be considered scrx4ce. ' ' · The United States will determine if the City's improvements, facilities, and appurtenances will be removed upon termination. Irt. he United States d~enui~e.s that said improvcm,.-nts, facilities, and appuncrumce, s shall be remov-.,~ removal shall be made within thirty (~0) days alter termination, and the Easement Premises will be restor~ to 9-07-20-L7090 4 0CT-13-1999 12:14 BUREAU OF RECLAMATION 209 48? 5927 P.i~ a condition sa .tisfactory to the United States and FWUA. Said removal and restoration activities shall b~ at the sole cost arld ¢,xpcns~ of thc City. In the evcn£ the City does rlot~ within thL, l'y {30) days al~¢r ,~,ove all improvements and facilities ~ucted or installed by the City, and r~storc the premises to a condition satisfactory to the United States and FWUA, the U~ted States or its designee may remove'the improvements and facilities placed on the above lands; dispose of all materials and equipment so removed by such means as may appear advisable to return thc Ea.qement P~ to a safe, usable, and cleared condition; and recover all costs of removal, disposal, and rehabilitation of the Easement Premises from the City. 7. BREACH OF CONTRACT, Enforr~-ment of thc terms of this Contract shall lac at thc discretion of the Unlted States. and/mY forbearance by Un/ted States to exercise its rights under this Contract in the event of any breach of any term of the Contract shall not be construed to be a waiver by United States of such terms or of any subsequent breach of the samc or any other term of t. ki$ Contract or of any of'United States' rights under this Contract. No delay or omission by United States in the excr~ise ofany right o£ remedy upon any breach by City ,~hall impair such right or remedy or be con~trued as a waiver. Fuither, nothing in this Contract creates non-discretionary duty upon thc United States to enforce its provkqlona, nor shall deviation from these terms and procedures, or failure to enfome its provisions give risc to a private right of act/on against United States by any third partie$. 8. CONSIDERATION. (a) Bc~nnL~g as of thc effective date of this Contract and thereafter until such privileges are reLiglq~ished or telTnlnatcd a::; herein provided, thc City may enter, occupy, and ~.thc described lands ~/thout charge for thc parposes of constructing, reconstructing operatin8 and maintaining an acce~ road and bridge and structures appurtenant ther~o. The United States has waiv,.xt the value of the right-of-use in accordance with ,$3 CFR 429.6(c)(3). Co) In accordance with 43 CFR 429.6(b), the City ~hall pay all admini$1zativ¢ coats inculte,~i by United States in issuing thla Contract. 9.~. (a) Any nolice, dcm~ or request t-,:quired or authorized by this Contract to b~ given or made t~ or upon the United States shall be deemed properly g/yen or made if delivered or mailed postage-prepaid, t~ the Regional Resources Manager, Bureau of Reclamation, 2800 Cottage Way. Sacramento CA 95825-1898. Co) Any notice, demand, or request required or authorized by ti:ds Conu'act to be given or made to or upon the City shall be deemed properly given or made it'd 'divered or mailed postage.prepaid, to City of Bakersfidd, Public Works Department, 1501 Tmx'n~ Avenue, Bakersfield, Cal~omia 93301. (c) The design~on of the person to or upon whom ~y notice, demand, or requ~t is to be given or made, or the address of such person may be changed at any time by notlc~ given in the same manm..r ~ provided in this Article for other notice.~. 9-O7-20-L7090 $ GENERAL PROVISIONS 10. I-IAZAI~X~US MATERIALS During the performance ofthis Contr~t, the CID', hcrcinalicr referred to as the "Contractor" agrees as follows: (a) The Contractor shall comply with all applicable Federal. State. a~l local laws and regulations, and Reclamation policies and inswucfions, e,xisti~g or hereafter enac~;d or I~mulgated, concerning any ha~clous material that will be used, produced, ~'ansponed, stored or disposed of on or in lands, waters or l~acilities owned by the United States or adrn{nistered by Reclamation (b) "Hazardous material" means any substance, pollutant or contaminant listed as hazardous under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 USC 9601, sa a~,), and the regulations promulgated'pursumt to that Act. (c) The Contractor may not allow contamination of lands, waters, or facilities owned by thc United States or administered by Reclamation by hazardous materials, thermal pollution, refuse, garbage, sewage /nduswial waste, petroleum products, mine ~ailings, mineral salts, pesticides (including, but not limited to, the misuse of pesticides), pesticide containers or any other pollutants. (d) The Contractor shall report to Reclamation, within 24 hours of its occurrence, any event which may or does result in pollution or contsml;afion adversely affecting lands, wa~ers or facilities owned by the United States or administered by Reclamation_ (e) Violation ofaz~y of the provisio~ of this Article shall constitu~ grounds for immediate termination of this Contract and shall make the Contractor liable for the cost of fulI and complete rcmediation and/or restoration of any Federal resources or facilities that are adversely affected as a result of the violation. (I) The Contractor agrees to include the provisiom contained in paragraph (a) through (19 of this Article in any subcontract or third party contracts it ma}' e~ter into pursuant to this Contract. (g) Reclamation agrees to provide information necessary for the Contractor, using reasonable dilig~.mce, to comply with the provision ofth/s Article. 11. NONDiSCRIMINATIOn. During the performance of this Conic-act, the City agrees as follows: (a) To comply with Title VI (Section. 601) of the Civil Rights Act 6f.luly 2, 1964 (78 Stat. 241). which provides that "... no person in the United States shall, on thc gound of race, color, sex, or national origin be cxclufled from participation in, be denied the bcnellts of, or be otherwise subj~tcd to discrimination under any program or activity for which the City receives financial a~'istanee from the United States .... "and to be hotrod by the regulafion~ of thc Department of the Interior for the eff~tuation thereof, as set forth in 43 CFR Part 17. (b) To obligate its Subcontractors. subgrant~es, transferees, successors in interest, or any other participants receiving Fcxieral financial assistance hereunder, to comply with the requirements of this provision. (C) In the event that a final decision of a hearing examiner or of the Director, Office of Hearings and Appeals, pursuant to ~13 CFR Part 17, provides for termination of or refusal to grant the right provided by this Contract, the Secretary of the Interior may terminate this Contract and n~voke the grant. This provision shall be a covenant running with the land during the p~'iod in which the property is used for a purpose for which the Federal financial as~'i~'ta~ce is extended or for any other purpos~ involving the provisions of similar services or benefits. 9-07-20-L7090 '- 6 12. EOUAL EMPLOYMENT OPPORTUNITY. During the performance of'this Contract, the City, herdnafter referred to as the "Contractor", agrees as follows: (a) The Contractor will not discriminate against any employee or applicant for empkLwnem because of race, color, religion, sex, or national origin. The Contractor will take ~a'mative action to ensure that applicants and employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action will include, but not be limited to, the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoffor termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to pon in conspicuous places, available to employees and applicants for employment, notic~ to be provided by the Contracting Ofl:ic~r setting forth the provi'sioms of this nondiscrimination (b) The Contractor will, in all soliciratlons or ~v~ts for employes, placed by or on behalf'of the Contractor, state that all qualified applicants will receive consideratkm for employment without regard to thoir rac~, color, religion, s~x, or national origin. (c) The Contractor will send to each labor union or representative of workers with whom the Contractor has a collective bargaining agrec-ment or other contracA or undm'standing, a notice, to be provided by thc Contracting Officer, advisqng said labor union or workers' r~resentalive oft. he Contractor's commltmcnts ulldgr S~tion 202 of Executive Order 11246 of September 24, 1965, as amended, and shall post copies of the notice in conspicuous plac. c~ available to employees amd applicants for employment. (d) The Contractor will comply with all provisions of Executive Order No. 11246 of $cptemb.zr 24, 1965, as amended, and of the rules, r~gulations, and relevant ordain of the Secretary of Labor. (c) The Contractor'will furnish all information and reports required by said amended Executive Order and by the rules, regulations, and orders of the Sectary ol~Labor, or pursuant thereto, and will permit ar.~ess to its books, records, and accounts by the Contracting Officer and the Secretary of Labor for purposes of investigation to ~ccrtain compliance with such rules, regulations, and ordcrs. (0 In the event of the Contractor's noncompliance with the nondiscrimination clause of this Contract or with any of thc said rules, regulations, or ordgrs, this Contract may be canceled, terminated, or suspended, in whole or in part, and the Contractor may be declared ineligible for further Government contracts in accordance with prooexl~ authorized in said amended Executive Order. and such other sanctions may be imposed and remedies invoked as provided in said amended Executive Order, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (g) The Contractor will include the pro,dsions of paragraphs (a) through (g) in every subcontract or purchase order tmlc~ exempted by roles, regulations, or orders of thc Secretary of Labor issu~ pursuant to $~.,ction 204 of said amended Sxmutive Order, so that such provisions ~dll be binding upon em:h subcontractor or w-~ador. The Contractor will take such action with respect to any subcontract or purdmse order as the contracting agency may dire, t as a means of~-rfforcing such provi~ons, including samctions for noncompliance: ~, how~wv, That ha the event the Contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the Contractor may request the United States to ~nter into such litigation to protect the interests of the United States. 13. SUCCESSORS IN INTEREST OBLIGATED, This Contract shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto[ ~ ~, That no assignment or transfer of ally of thc fights o£the City hcruunder shall be made without the prior x~Titten con.mt of the United States, which consent will. nor bc unreasonably withheld. 9-07-20,-L7090 7 14. ~. The United States makes no warranty, expressed or implied, as to the extent or validity of'the grant eontalne~l herein, or the condition at any time of the Easemc,mt Premises, or any of lbo property of the · United' States fl~ereon, or the suitability of the Easement Premises for the purposes of the City. 15. I::[OLD HARMI FSi. The City hereby a~ecs to hold harmless and inde~ the United Sates, FWUA, their employees, agents, successor, or assigns from and agai~t any claim,L demands, cost.s, losses, eau.scs of a~tioa. damages, or liability of whatsoever kind or nature arising out of or resulting from acts or negligence of the City's activities trader this Coll~act. Additionally; except for acts of neglig,mce, the City releases the United States. FWUA, its officers, employees, succ~sors, and as,signs from any and all liability for damage arising from injury to persons or damage to struc~es, equipment, improvemenL~, or works of the City resulting from the construction, operation, or maintenance of any of the works of the United States, Er,.~ ~ that nothing contained in this Article shall be deemed to modify or limit any liability which may be impo'~xi by the Federal Tort Claims Act, 2g USC, Section 2617 et seq.. (1970). (a) The United States shall not be liable for any damage to the im3rovements, facilities, or appurtenances of the City which may result fi.om the construction, operation, and maintenance of the Ffiant.Kern Canal or other R~lamation project facilities, including damage which may occur as the result of seepage, floodage, or erosion from the works constructed by the United States. (b) The City shall be liable for airy and all damages to the property of the United S.tates by reason of the exercise of the fights and privileges granted by this Contract. 17. COVENANT AGAINST CONTINGF3'4T FEES. Thc City warrants that no person or agency has been employed or retained to solicit or s~gure this Contract upon an agreement or under~mnding for a co-mission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established agencies maintained by thc City for thc purpose of securing business. For breach or violation of this warranty, the United States shall have the fight to annul this Contract without liability or in its discretion to require the City to pay, in addition to the Contract prlcc or consideration, the full amount of such commit'ion, pew,~-nta§e, brokerage, or contingent fee. 1 g..OFFICIALS NOT TO BENEFIT. No Member ot~or Delegat~ to Congress'or Resident Commission~, and no officer, agent, or employee of the Deparlment of the Interior, shall be admitted to any share or part o£this Contract or to ~ny benefit that may arise bereft'om, but this restriction shall not be eonstru~l to emend to tiffs Comract if made with a corporation or company for its general benefit. 9-07-20-L7090 8 0CT-13-1999 12:17 BUREAU OF RECLAMATION 289 487 5927 P.23 [lq WITNESS WHEREOF, this easement is ~iw.-n as oftl~ date and year first above writI~. UNITED STATES OF AMERICA BY. Robert F. Stackhouse Regional Rcsourcc-s Mamger Mid-Pacific Region Bureau of Reclamation ACCEPTANCE: The City of Bakersfield. and its authorized repres~tatives, by signature below, agr~ to ~he ~ and conditions above. CITY OF BAKERSFIELD APPROVED AS TO FORM: Bob Price .alan Dale Daniel Mayor Assistant City Attoraey Date Date APPROVED AS TO CONTENT: COUNTERSIGNED: Raul M. Rojas Gregory Klimko Public Works Director Finance Director Date Date NOTED: Friant Water U~rs Authority Date SCC-451 9-07-20-L7090 9 EXHIBIT "A'! All that portion of the Northwest Quarter of Section 28, Township' 29 South, Range 27 East, M.D.M., in the City of Bakersfield, Kern County, California, being more particularly described as follows: Commencing at a point on the West line of said Northwest Quarter, from which point the Northwest corner thereof bears N0o11,00,,E, gg$.00 feet; thence SSga49'00"E, 89.35 feet to the True Point of Beginning, being a point on the West right of way line of the Friant-Kern Canal, said point being.on a 270.00 foot radius, non- tangent curve, a radial from said poi'nt to the center of.said curve bears N0o04,35,,W; thence Easterly along said curve through a central angle of E~o15'10,, an arc distance of 104.86 feet; thence N67o10,45,,E, 150.55 feet to a point on the East right of way ilne of the Friant-Kern Canal; thence arong said East right of way line S14~22,36,,E, 13.24 feet and S2go30,E2,,E, 49.2S feet to a point on a 168.00 foot radius, non-tangent curve, a radial from said point to the center of said curve bears S22o05,29,,E; thence Westerly along said curve through a central angle of 0°43'47"E, an arc distance of 12.14 feet; thence $67o10,4S,,W, 1Sa.20 feet to the beginning of a 33E.00 foot radius, tangent curve, concave Northwesterly; thence Southwesterly along said curve through a central angle of 18a09'43", an.arc distance of 105.24 feet to a point on said West right of way line of the Friant-Kern Canal; thence NE1o44,20,,W, along said West line, 65.58 feet to the True Point of Beginning. Containing 0.36 acres, more or less. .~LMARTER AND DEIFEL s K. Delmarter 17564/Exp. 6/30/01 FORM ~ (7.~) · ~ F~ - :JdARIER & OglI:"~'L JAIdF..S K. OELIdARTE:R ~1 H S'TRLr~T · 3-24-.99 KF. RSF'IE~D. CA. 99,:301 ' EXHIBIT "Il" ~ ACKNOWLEDGMENT (TOR THE UNITED STATES) STATE OF CALIFORNIA ) )ss. COUNTY OF ) On this __ day of , I 9.___._, before me, _, personally appeared, NAME, TfI'LE OF OFFICER. E.G. 'JANE ~p.., NOTARY PUnLIC~ s~-,~ os st~rsa rttu~ os s~oi,~x personally known to me -OR- proved to me on the basis.of satisfactory ~viden¢¢ to Ix: the p~rson who cxmuted this iastrum~t, and acl~owledgcd to me that executed the same on behalfofth~ United States of America in the capacity therein stated and for the purposcs therein contained. ( . Witness my hand and official seal. $1GNATIJI~ OF NOTAIW .~ My Commission expires: (SEAL) 9-07-2O-L7090 ACKNOWLEDGMENT STATE OF CALIF0~IA ) couwr¥ OF ) 0h this day of ,19 , before me, , personally appear~l, ~A~. Trr~E oF omc~. s.c.-~s vo~ ~OrA~¥ ~AM~S OF Sla~S~ Tm.S or s~s~ ~rso~Hy ho~ to me -OR- prov~ ~ ~ on ~e b~is of safiffacto~ evide~ to be ~ s~ o~ b~alf of in ~e ~paci~(i~) ~c~ sm~d ~d f~ ~e N~ OF ~Y Wimps my ~d ~d official SIONATURE OF NOTARY My Commission ex'p/res: (SEAL) 9-o7.20-L709o TOTAL P. 27 MEMORANDUM September 22, 1999 .~' FROM: jACK HARDISTY, DEVELOPMENT SERVICES DIRE~ SUBJECT: RESPONSE TO PoRTER/ROBERTSON SEPTEMBEP./'10,' //1999 LETTER TO COUNCIL MEMBER COUCH The project applicant has apparently complained that the requirement to apply for (and pay for) a General Plan Amendment and Zone Change should not be apPlied.to process veSting Tentative Tract 5964 located sOuth of Johnson Road,' WeStOfRenfro-'~--,,-~?.:-?- Road (see attached map). The applicant indicates that they should have been informed of the necessity to process a General Plan Amendment and Zone Change for the A (Agricultural) zone freeway ramp area with previous projects they submitted, specifically with the attempt to eliminate the large lot restriction on a portion of the property adjacent to Johnson Road. The format of this response is to provide details on each action presented in the letter dated September 10, 1999 by Harold Robertson. Applicant - April 24, 1991 Zoning upon Annexation approved, Ordinance No. 3353. Response - The applicant at that time was John Sarad (JTM Company). Property owners at that time were Dolph and Louise Snyder and John Papoff et al. The freeway interchange alignment (Draft) at that time was zoned A (Agricultural) with the zoning upon annexation. The precise interchange configuration was not known but freeway ramps were thought to be necessary. The applicant requested that the General Plan Amendment, zoning and annexation proceed using the interchange alignment available at that time. Councilmember David Couch September 22, 1999 Page Two AppliCant - May 26, 1994 Lot Line Adjustment No. 353. This shows that the south bound on ramp from Renfro Road to the freeway was eliminated. Response - This Lot Line Adjustment (LLA) was requested by Questa Engineering for West Kern Corporation (Jim Murphy), the owner at that time. The purpose of the LLA (as stated by the applicant) was to allow phasing and possible resale of Tract 5552, which is south of the Kern River FreewaY. This LLA' did not eliminate or reconfigure freeway ramps, but reflected the existing lot lineS.?The larger freeway ramp areas shown on the zoning and general plan map were never created as separate parcels. (See attached) ' ''~ Applicant - February 2, 1999 Application for Zone Change submitted to. City ~ to eliminate requirement for large lots .... · "' ThishappliCnantlnOn WaS ,isal~p;°V~ned byte Pla ' g Commiss'o 0 '.".": recommendation by Staff. No mention of .. triangular shaped parcel that remained an 'A .... ' Zone as a result of deleting future on ramp to freeway. This parcel of land could have been rezoned under this application. Response - The application requested a change of conditions having to do with lot sizes on a portion of the owner's property. A legal description of the total ownership was provided, however no other changes were requested. Changes to zone. boundaries were not requested. The statement that this parcel could have been rezoned under the previous application is correct had the applicant requested the change to land use designations · and zone boundaries. The maps attached to the public notices and staff reports clearly showed the zoning on the property. Applicant - August 10, 1999 Submitted Vesting Tentative Tract 5964. August 27,1999 Notified by City that property owner was required to apply for General Plan Amendment and Zone Change and pay fee of $4,060.00. Councilmember David Couch .. September 22, 1999 Page Three Response - The applicant is required to identify the land use designations and" ..~ zoning within the boundaries of the subdivision (BMC 16.16.030 V.). The applicant incorrectly depicted the eXiSting zoning and land use on the map submittal, staff caught the error and notified the applicant of the inconsistency and need for General Plan · Amendment and Zone Change. Tentative tract submittals must be consistent with the General Plan Land Use designations (State Subdivision Map Act SectiOn 66473.5). A tentative map can be approved subject to a condition requiring a zone change prior to recordation (Bakersfield Municipal Code Section 16.24.100). Summary -:i.'i':?. ·The applicant owns property zoned A (Agricultural) in an area no longer needed · for a Kern River Freeway ramp. ' · · The applicant incorrectly described the boundaries of the zoning in place in · All maps attached to the project review process depicted the zoning and land use'~;:~!~ correctly. · The applicant did not request a change of zone in the Previous case. · The city reviewed a request to change conditions relating to lot size and could not anticipate the applicant's future plans would require additional changes to land use and zoning. The "A" zoned portion is obvious on the maps attached to staff reports, resolutions and notices on this property. · Staff, to the best of our ability, attempts to identify needed approvals for projects as we did with the tract map, however this relies on adequate and correct information being provided by the applicant. · The fee schedule adopted by the City Council is to offset the' costs of staff review, public notice, hearings, and documentation by the Planning Commission and City Council. Solution Options A. Require GPA and zone change to be paid for by the applicant. ($4,060 cost/December 16t~ meeting) Councilmember David Couch September' 22, 1999 Page Three B. Require above applications and requeSt Council to initiate the GPA and zone change at City expense,. - *References to meeting dates are for Planning CommiSsion Hearings - assumeS ":: -'- -' complete application is provided. - Project required state CEQA review. JM:pah cc: Alan.Tandy, City Manager -" "EXHIBIT B" ,, LOT LINE ADJUSTMENT 3,53 BEING AN ADJUSTMENT OF THE BOUNDARIES OF THOSE PARCELS OF LAND DESCRIBED AS PARCEL "A" OF PARCEL MAP WAIVER No. 741, AS RECORDED IN CER'DFICATE OF COMPLIANCE, BOOK 5885, PAGE 914,. O.R. AND ~HE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER BOTH BEING IN SECTION 34, TOWNSHIP 29 SOUTH, RANGE 26 EAST, MOUNT DIABLO BASE AND MERIDIAN, CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA. "ASEXISTING " · CL JOHNSON ROAD M.B. 14, PG. gO N 89'30'05' W 655.96' ! N 89'50°05' W~/ 667.85' 1/¢ COR. SEC. 54 29/26 NAILPERP.M. 4495. VE 20'WIDE MILLER &: LUX ~ PARCEL MAP 3502 PUBLIC ROAD EASEMENT~ P.M. BK. 15, PG. 195 PER BK.5.36, PG. 65, O.R. .30' WIDE EASEMENT TO PUBUC IN GENERAL COUNTY OF KERN PER 52, PG. 518 OF MINI BOOKS. 30' WIDE KERN EASEMENTS THAT CANNOT BE PUBUC, HIGH~ LOCATED FROM RECORD: PER BK lC PG. 447, O.R. 40.2.3 GROSS ACRES <3~ 1. S.W. 1MBLE, JOHN BURCHAW. G.A. MURDICK AND GEORGE GRAV~S. 50' TO THE U IRRIGATION EASEMENT PER BK. 7, PG IN GENERAL PER BK. r~~ .36 OF' OEEDS. PG.1026,O.R. ~ 2. CHRISTY AND WISE. IRRIGATION EASEMENT PER BK. 12, ~¢J E PG. 240 O~ DEEDS. 30' WIDE MILLER & LUX pg,,oPOSF-'O ¢~, ~G. 1~.15~ PUBUC ROAD EASEMENT PER BK. 536, PG. 65, O.R. SCALE: 1' = 200' I := OWNER: Ct. P.G. & E. TOWERLINE ~J ~ / EASEMENT PER BK. 935, ~j ~ WEST KERN CORPORA110N 8383 W1LSHIRE BLVD. STE 770 ~.. ! ~ PG. 299, O.R. ~D BEVERLY HILLS, CAUFORNIA 90211 o I ~ (213) 653-5062 . I.-~ / N 89'30'00" W 1524.52' 30' W1DE MILLER & LUX ~ z PUBLIC ROAD EASEMENT PER BK 501, PG. 159, O.R. ~ . 5885, G. 9 , .R. PG. 1026, O.R. M.B. 38, PG. 131 I 20.12 GROSS ACRES ': 30' WIDE COUNTY OF KERN PUBUC HIGHWAY EASEMENT PER BK 1077, PG. 462, O.R. EXlS~NG BASIS OF BEARING: MOBILE HOME 1HE BEARING OF N 00'23'13' E AS SHOWN ON KERN COUNTY SURVEY PERPETUAllON MAP 7-1 RECORDED IN ElK. 6, PC. 45, OF COUNTY l SURVEYOR'S FILED MAPS WAS USED AS THE BASIS OF- BEARING SHOWN UPON THIS MAP. '~ N 89'29'54' W 1324.87' PARCEL B PARCEL MAP WAIVER No, 741 BK. 5885° PG. 914, O.R. SOUTHEAST COR. SEC. 34 29/26, K.C.S. MARKED FOR~ SEC. COR. PER P.M. 4495. ! PREPARED BY: CUESTA ENGINEERING 5055 CAUFORNIA AVE., STE.218 BAKERSFIELD, CALIFORNIA 93313 (805) 324-5500 GLYNN D. PARKER L.S, 4851 (EXP. 9-30-96) DATE: SHFET 1 OF 2 "-XHIBIT B" LOT LINE ADJUSTMENT 358 BEING AN ADJUSTMENT OF THE BOUNDARIES OF THOSE PARCELS OF LAND DESCRIBED AS PARCEL 'A~ OF PARCEL MAP WAIVER No. 741, AS RECORDED IN CERTIFICATE OF COMPLIANCE, BOOK 5885, PAGE 914, O.R. AND THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER BOTH BEING IN SECTION 54, TOWNSHIP 29 SOUTH, RANGE 26 EAST, MOUNT DIABLO BASE AND MERIDIAN, CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA. "AS ADJUSTED" I CL PINTO STREET ~ "'"' "~' ~' ~-'~ I ~'"' "'<- ~', TRACT 2892 ,.,. ,~. ,~. ,o I I/,~.~.~ CL JOHNSON ROAD NAIL PER P.M. 4495. 1 6 ~S~ E OF 20" ~DE MI~ER ~ LUX ~ ~ PARCEL MAP 3502 PUBLIC ROAD EASEMENT ~ ~ P.M. BK. 15, PG. 195 PER "K. 556. PC. 65, O.R. 50' .DE EASEMENT TO PUBUC IN GENERAL COUN~ ~ KERN P~ 52, PG. 518 OF 50' ~DE COU~OF KERN EASEMENTS ~AT C~NOT PUBUC HIGH~ EASEMENT LOCA~D FROM RECORD: PARCEL A ,~, ,, ,o=. ,~. ~,,. o... A ~ 1. S.W. ~BLE, JOHN BURCHAW, G.A. MURDICK ~D GE~GE GRA~S. 31.25 GROSS ACRES 50' SEMENT TO ~E 0 IRRIGA~ON EASEMENT PER BK. 7, PG PUBUC IN G~ERAL PER BK. ~ 36 OF DEEDS. ~91. PC. 1026, O.R. 0 2. CHRIS~ AND ~SE. ~ ~ )RRIGA~ON EASEMENT PER BK. ~11. ~-- ~ PG. 240 ~ DEEDS. 12, ~'~ z , I1,' p¢OPOSCD ~ ~ 52953 ~ 0 WN E R: / EASEMENT PER BK. 935, ' '1 I ,11 i ~ST K~N CORPORA~ON / PG. 299. O.R, ~ I J III ~ ~ ~8a ~LSHIRE BL~. S~ 770 / ........... N 89'36'48" w / ~ II, , o DEARLY HILLS, CALIFORNIA 90211 ~ PUBLIC ROAD EASEMENT ' %'~1 ~ PER BK 501 PG. 159 OR. ~ III PARCEL B ..,.o~,..~voc...~. Jill ~ 29.10 GROSS ACRES ~ DEDICA~ON PER BK. 5791, /~m' // ~ PG. 1026, O.R; ~ 1~/ M.~"~: ~7i31 ~ PUBUC HIGHWAY EAS~ENT I ~11 ~ PER BK 1077, PG. 462, O.R. ~ ~ I ~ III mE BEARING ~ N 00'23'13' E AS SHO~ ON ~ t ~111 KERN COUNW ~Y PERPE~A~ON MAP 7-1 ~ I '] RECEDED IN BK. 6, PG. 45, OF COUNTY ~ ' I IH SUR~YOR'S RLED MAPS WAS USED AS ~E BASIS ~ · l lll o~ ~A.=.~ s.o~ U~O. mis N 89'29'54" W 1324.87' ~-~ PARCEL B ~ J PARCEL MAP WAl~R No. 741 · I ~ BK. 5885, PG. 914, O.R. ~ ~ /~ t ~D ~ 29/26, K.C.S. MARKED FOR ~ ~1 ~ //~.~'- 5055 CALIF~NIA A~., S~.218 ~ ~%/ 8AKERSRELD. CALIFORNIA 93313 ~r~ ~,~ (805) 324-5500 ~ GLeN ~ PARKER LS. 4851 (EXP. 9-30-96) DA~: SHFET ZONE CHANG P99-0087 ~ R-S-lA c~ R-S-lA R-S-lA · , COUNTY JOHNSON ROAD C/~ - (~o,ooo) ~o ~-~: R-1(8,500) I L-- ~-2 J R-1 i C-1 I 0 I S~ IN ~ T2gs, R26E I STOCKD~E ~ . HIGHWAY I gg4~ PORTER · ROBERTSON ~::ii:::::::~::::::::iiiii[!![!!!!!iiii ENGINEERING & SURVEYING, INC. September 1 O, 1999 99-1200 Council Member David Couch City of Bakersfield 1501 Truxtun Avenue Bakersfield, California 93301 RE: VESTING TENTATIVE TRACT 5964 Dear David; The following is an outline of significant events involving land use designations and zoning of the referenced property: April 24, 1991 Zoning upon Annexation approved, Ordinance No. 3353. May 26, 1994 Lot Line Adjustment No. 353. This shows that the south bound on ramp from Renfro Road to the freeway was eliminated. February 2, 1999 Application for Zone Change submitted to City to eliminate requirement for large lots. This application was disapproved July 15, 1999 by the Planning Commission on recommendation by Staff. No mention of triangular shaped parcel that remained an Zone as a result of deleting future on ramp to freeway. This parcel of land could have been rezoned under this application. August 10, 1999 Submitted Vesting Tentative Tract 5964. August 27, 1999 Notified by City that property owner was required to apply for general plan amendment and zone change and pay fee of $4,060.00. Sincerely, HWPJdb 1200 - 21st STREET - BAKERSFIELD, CA 93301 - 661/327-0362 o FAX 661/327-106 PORTER · ROBERTSON ENGINEERING & SURVEYING, INC. September 10, 1999 99-1200 Council Member David Couch City of Bakersfield 1501 Truxtun Avenue Bakersfield, California 93301 RE: VESTING TENTATIVE TRACT 5964 Dear David; The following is an outline of significant events involving land use designations and zoning of the referenced property: April 24, 1991 Zoning upon Annexation approved, Ordinance No. 3353. May 26, 1994 Lot Line Adjustment No. 353. This shows that the south bound on ramp from Renfro Road to the freeway was eliminated. -February 2, 1999 Application for Zone Change submitted to City to eliminate requirement for large lots. This application was disapproved July 15, 1999 by the Planning Commission on recommendation by Staff. No mention of triangular shaped parcel that remained an 'A' Zone as a result of deleting future on ramp to freeway. This parcel of land could have been rezoned under this application. August 10, 1999 Submitted Vesting Tentative Tract 5964. AuguSt 27, 1999 Notified by City that property owner was required to apply for general plan amendment and zone change and pay fee of $4,060.O0. Sincerely, HWR/db 1200 - 21st STREET - BAKERSFIELD, CA 93301 - 661/327-0362 - FAX 661/327-1065 ORDINANCE NO. 3353 AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND CITY ZONING MAP NO. 101-34 BY PREZONING PROPERTY LOCATED ON THE SOUTHWEST CORNER OF RENFRO ROAD AND JOHNSON ROAD KNOWN AS THE RENFRO NO. 2 ANNEXATION (WARD 4). WHEREAS, in accordance with the procedure set forth in the provisions of Title 17 of the Municipal Code o~ the City of Bakersfield, =~e Planning Commission held a puDlic hearing on a request by the City of Bakersfield to zone cer=ain property now being annexed to said City, described in ExHibit "D," attached hereto and incorporated as though fully set foru~ here~n, and made several general and specific findings of fact which warranted a negative declaration wi~h mitigation of environmental impact; and WHEREAS, at said public hearing held on February 7, 1991, said zoning upon annexation was duly heard and considered and the Planning Commission found as follows: 1. Proposed Zoning Upon Annexation designations, as 'mitigated, will no= have a significant adverse effect on the environment. 2. Public necessity, convenience, general welfare and good planning practice justify the proposed Zoning Upon Annexation to R-1 (One Family Dweiling-8,500 sq. ft.), R-1 CH (One Family Dwelling-Church-8,500 sq. ft.), R-2 (Limited Muluipie Pamiiy Dwelling, Maximum l0 DU/net acre') and C-i (Limited Commercial) zones. 3. Proposed Zoning Upon Annexation designations would be in conformance wifh the Metropolitan Bakersfield 2010 General Plan. 4. The proposed prezoning is consistent with existing land use in the area. 5. The proposed Zoning Upon Annexation would be compat- ible with future and existing development on the surrounding properties as conditioned in Exhibit "A." 6. Public participation and notification reuuirements pursuant to Sections 65090 and 65353'of the Government Code of the State of California were duly followed. WHEREAS, by Resolution No. 7-91 on February 7, 1991, the Planning Commission reco ...... ended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve an R-1 (One Family Dwelling-8,500 sq. ft., R-1 CH (One Family' Dwelling-Church-8,500 sq. ft.), R-2 (Limited Multiple Family Dwelling, Maximum 10 DU/net acre) and C-1 (Limited Commercial) zones, with conditions of approval on at~ached Exhibit "A" and as delineated on the attached map marked Exhibit "C,, by this Council and this Council has fully considered the findings made by the Planning Commission as set forth in that Resolution; and WHEREAS, the RENFRO NO. 2 AnneXation prezoning area comprises 100 +/- acres of land contiguous to the boundary of the City of Bakersfield; and WHEREAS, an Initial Study was prepared, noticed and distributed for the proposed prezoning. Based on said study, staff determined that if mitigated'as required by the Nega=ive Declaration no adverse impact to the existing and future environ- ment of the area would result from the proposal, and recommended the approval of the negative declaration with mitigation. A Negative Declaration was posted and advertised on NovemDer 29, 1990; and WHEREAS, conditions of approval and mitigation measures se= forth in Exhibit "A" and Exhibit "B," at=ached hereto and incorporated as though fully'set forth he_rein, are adequate to reduce identified impacts to insignificant levels; and WHEREAS, the proposed zoning substantially conforms'to and is consistent with the General Plan; and WHEREAS, %he City Council has determined after due con- sideration of the motion and recommendation of the Planning Commlssion, herein on file, together with the reasons advanced at the Planning Commissfon hearing, that said zoning should be authorized upon annexation of said property to the City. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. 1. All the foregoing recitals are found to be true and correc=. 2. The Negative Declaration with mitigation for this zoning action is hereby approved and adopted. 3. That Title Seventeen of the Bakersfield Municipal Code of the City of Bakersfield and City Zoning MaD 101-34, be and the same is hereby amended by prezoning said property and extend- ing the boundaries of said map to include tha= certain property in the Coun=y of Kern generally located on the southwes~ corner of Renfro Road and Johnson Road contiguous to the boundary of the City of Bakersfield known as.the RENFRO NO. 2 ANNEXATION, upon the annexation of said property to the City of Bakersfield, the zoning designations and boundaries of which property are shown on 'the mad marked Exhibit "C", hereto attached and made a part of this ordinance, and are more specifically described as follows: ZONING UPON ANNEXATION NO. 5093 -- THE SITE IS LOCATED ALONG THE SOUTHWEST CORNER OF RENFRO ROAD AND JOHNSON ROAD. From a County "A" (Exclusive Agriculture, 20 gross acres minimum lot size) Zoning District to City "R-l" (One Family Dwelling minimum lot area 8,500 square feet) or more restrictive zoning district on 47 +/- acres; from County "A" to a City R-l-CH (One Family Dwelling minimum lot area 8,500 square feet, CHURCH) or more restrictive zoning district on 10 +/- acres; from County "A" to a City R-2 (Limited Multiple Family Dwelling, 6,000 square feet minimum lot size, 10 dwelling units or less per net acre), or more restrictive zoning district on 15 +/- acres; from County "A" to a City C-t (Limited Commercial), or more restrictive zoning district on 12.5 +/- acres. (Legal description attached in Exhibit "D") and subject to the Conditions of Approval as listed in attached Exhibit "A," and the mitigated measures included in. Exhibit "B." SECTION 2. This ordinance shall be posted in accordance with the City Charter provisions and shall become effective upon the annexation of the above-described territory to the City of Bakersfield, but not less than thirty (30) days from and after the date of i~s passage. o0o - 3 - I HEREBY CERTIFY thac the foregoing Ordinance was 9assed and adog=ed by the Council of the City of Bakersfield ac a regular meeting thereof held on &pa ~ ~ lqql , by the following vote: A~S: COUNCILMEMBER~: EDW&ROS. DeMQNO. SMITH. BRUNNI. PETERSON. McOERMOTT. SALVAGGIO NOES; COUNCILMEMBERS: A~tEIIT COUIIGIUIEMSERS: ,~STAm: COtMCtLMEMBERS' CITY CLERK and Ex Officio Clerm of the Council of the City of Bakersfield APPROVED APR 2 4 1991 ~CLARENCE E. '~EDDERS MAYOR of the City of Bakersfield APPROVED as to form: LAWRENCE M. LUNARDINI CITY ATTORNEY of the City of Bakersfield LCM/meg Attachments Exhibit "A" Exhibit "B" Exhibit Exhibit A ANEX 5 ZUA.REN2.1 3/5/91 - 4 - EXHIBIT "A" '_ Conditions of Approval Zoning Upon Annexation No. 5063 Renfro No. 2 Annexation The following conditions are discretionary. The applicant shall comply with the following conditions to provide for orderly development, ensure required improvements are constructed, and to curtail the proliferation of.smaller, independent drainage basins. 1. The developer shall complete a traffic impact study which s~all be approved by the city engineer and which shall pre- scribe needed traffic mitigations due to the additional traffic generated from the project. The developer shall then enter in:o an agreement with the city and posted approved security to guarantee any needed mitigations prescribed in the traffic study. Said traffic study and agreement shall be completed and executed'prior to filing for further subdivision or of a development plan within the project area. Paymen: shall be made to the city upon demand at the time said funds are required for the construction of the needed mitiga:ions. 2. With the first subdivision/development within the project area, the subdivider shall construct the full half width of the west side of Renfro Road between the south boundary of the project and Johnson Road. 3. The applicant shall submit a comprehensive drainage study. Tbs drainage study sno.uld include, bu~ not necessarily be limited to, drainage calculations, pipe sizes and locations, the drainage basin site and size, and construction phasing. The drainage s=udy shall be submitted to and approved by the city engineer and the required drainage basin site and neces- sary easements deeded to the city prior to recording of any subdivision map or submittal of any development plan within =he project area. 4. The future Kern RiVer freeway right-of-way shall be protected. At a minimum, a reservation for this purpose will be requlred. 5. Sewer service exists in Stockdale Highway at Jenkins Road. However, this sewer line is no~ designed to service the pro- jec= area. A future trunk line will be located in Renfro Road connecting to the future Allen Road sewer trunk pipeline to service this subdivision. Therefore, a dry sewer system will gravity flow to Renfro Road. If capacity exists, a temporary connection to the Stockdale-Buena Vista force main may be allowed with the appropriate payment of fees. Any upgrades to the ex~sting system will be the responsibility o~ the deveiope · Exhibit ZUA 45063 " oage 2 £ 6. A sewer fee will be paid at the time of further subdivision or development within the project area for the future Allen Road urunk sewer pipeline. This fee will be approximately $300 per equivalent dwelling unit. 7. All lots.which front Johnson Road shall be a minimum of 12,000 square feet and have a minimum of 100 feet of frontage, that tier adjacent and south of these lots shall be a minimum of 10,000 square feet. 8. There shall be a minimum front yard setback of 30 feet for all lots fronting Johnson Road. 9. Subdivider shall submit conceptual plans for the landscaping and walls, wnic~ stall be approved by the Planning Commmsslon prxor to recordation of the ~inai map. 10. That any final map within.this area is included in.a mainte- nance district and will be responsible for assessments. 11. The subdivider shall either ins=all all landscaping and au:o- ma=it irrigation systems prior to recordation of any final map or enter inno a separate agreement with the city and post approved security to guarantee their installation. 12. Prior to recordation of any final map, subdivider shall submit detailed irrigation, landscape, and wall construction plans for review by the city parks division and approved by the city engineer. 13. Selec=ion of irrigation and plant material stall be determined in consultation with the city parks division. 14. At least 48 hours prior to installation of the irrigation system, and land§caping, the subdivider shall no=ify the city engineer and city parks superintendent. 15. The subdivider shall maintain all irrigation and landscaping for a period of not less than six (6) months after receiving written acceptance by the city parks department. The water and electricity will be paid by the subdivider un=i? the end of the six (6) month maintenance period and final written acceptance by the city. After the six (6) months and the final written acceptance by. the city, %he subdivider will be responsible for sending a letter to the utility companies transferring the meters to the City of Bakersfield. A copy of the letter s~all be sent to the city engineer and parks division. CAO/meg A ANEX 5 ZUA.REN.E2 ]3: RF~F. 2 RTY: ~h Count,; A lexclusive aaricultural~ zone to Cit'; R-i-L2,000 ~Sin~ie-F~mil,; ~wellin~, Z2,00~ S. F. mlnimum io~ size) zone ' ~e North 195 feet of the southeast !/4 of said Section 34. Excepting that portion within Parcel 1 (Kern River Freeway) ~nd Renfro Road. Containing 11.24 Acres (more or less) PARCEL 3 County A (exclusive a~ricultural~ zone to City R-!-10,000 (single-family dwell)hq, ~0,00~ S. F. minimum lo~ s~ze) zone. ' The South 195 feet of the North 390 feet of the Southeas~ !/4 of said Section 34. EXC~:TI~:G that portion within Parcel 1 (Kern .River Freeway) and Renfro Road. Containing 10.60 Acres (more or less) PARCEL 4 County. A (exclusive. a~ricultural) zone to City R-1-8,500 ',szn' al_-_amz= F= 'iv dwellinQ; 8,500 S. F. minimum lot size).zone. ~ -' All of that portion of the North 1/2 of the Southeast !/'4 of said Section 34, lying Northerly of Parcel 1 (Kern River Freeway). EXCEPTING the North ~90 feet of the Southeast !/4 of said Section 34. Containing 29.72 Acres (more or less) PARCEL'5 County A (exclusive agricultural) zone to City C-1 (limited commercial% zone. All of that portion of the East 625 feet of the Southeast 1/4 of sazd Section 34 lying Southerly of Parcel 1 (Kern River Freeway) EXCEPTING the portion within the South 1/2 of the Southeast 1/'4 of the Southeast 1/4 of said Section 34. .~LSO EXCEPTinG any portion within Renfro Road. Containing 13.10 Acres 33:RE~.2P2 RTY:]h County A (exclusive a~riculturall zone to City R-2 I!imi~ed multiple family dwelling) zone. ' · - .All of that portion of the North 1/2 of the Sou~heas= !/4 of the Southeast '!/4 and the ~brth 1/2 of the Southeas~ 1/4 of said Section 34 lying Southerly of Parcel 1 (Kern River Freeway). EXCEPTING any portion within Renfro .Road. Containing 16.71 Acres (more or less) CITY OF BAKERSFIELD ZONING MAP IOI- SEC. I.EGLND x :: IOI E(~IRS I PI I Z ., TO R- 1-~ 0,000'. X '" "~'" I ~. ,,c.,,.,~. I TO R 118,500' Z ;, *'~ '"~ '"' 1 =~5"~"~"==~"'""' ~ ...... :~ ..... I COUNTY A COUNTY A ~ .... , , ... ,- . , .... ,,-, ~ ~:~~ ~~.4. RECORDING REQUESTED BY: ~001( ~1~ t~ I".~,~r ;, WHEN RECORDED MAIL TO: I I 0 I 0 I 9~ JUL 21 ~H' 8: 2~, Return To: City Engineer 150] Truxtun Avenue Bmkersfield, ~. ~330] , ~ THI~ 8PA~E FOR RE~ORDER'8 U~E ONLY --0R ' THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION , (Add~ional re~ing fee applies) MD LN ..... 5 ~ .~) ..... c. T'.~ 7'~ CERTT~TCA~F ~ R~H~T,TANC~ TITLE OF DOCUMENT THIS DOCUMENT IS BEING RE-RECORDED TO CORRECT AN ERROR ON EXHIBITS "A" & "B". Reoordef 580 2705 100 (4/94) Wlld, N RECORDED, MAIL TO: BUUR · , ~n0~039P~O[ 113S ,. CI~ ENGINEER ..... CI~ OF B~RSFIELD ?',. . ..' 1501 TRUX~N A~NUE 7~ B~RSFIELD, CA. 93301 ' :-'-'~'~':~' CERTIFICATE OF COMPLI~CE $ ~ ~ i...'., ~ '~:: SEC~ON 66499.35, GOVER~~ CODE ,:":."" ~"~' :' '''~''~ '::::::' :' "": ~ LOT LINE ~JUS~E~ NO. 353 B~ing an adjustment of th~ boundaries of thos~ ~rtions of land in tho Ci~ of Bakorsfidd sho~ as Parcel A of that C¢rtificat¢ of Compliance recorded in ~ok 5885, Pag¢ 914, O. R., and a ~ion of tho no~heast % of th~ ~utheast ~ of Section 34, both ~ions being in Section 34, T. 29 S., R. 26 E., M. D. B. ~ M. ~s~ssor's Parcd Numbers 408-020-09-00-5 ~ 408-020-17-00-8. ~¢ undersigned Ci~ En~neor of the Ci~ of Bakersfidd, d¢si~ated by ordinances of said Ci~ as Adviso~ Ag~n~ with respect to Parcel Map Waiv¢rs and ~t Lin~ Adjustments and acting h~min on behalf of tho City of Bak~rsfidd, hereby c¢~ifi~s that tho ~t Lin¢ Adjustment for the hereinafter-described parcels of land mmplies with tho provisions of tho Subdivision Map Act of the State of California and Chapter 16 of tho Ci~ of Bakersfield Municipal Code r¢~lating divisions of land. Said adjusted parcels of land, being situated in th~ City of Bakersfield, Coun~ of Kern, Stat~ of California, are more particularly described on Exhibit A and shown on ~hibit B. It should bo noted that the preparation and recordation of a Certificate of Complianc~ shows that the lot lin¢ adjustm¢nt conforms to the requirements of the Map Act only and should not interpreted as th~ sole requirement for obtaining construction permits. WE~T~ CO~O~ION, a De, ware Co~oration, is the owner of the described parcels of land. Dated May 25, 1994 RAUL M. ROJAS RCE No. 39880 Expiration December 31, 1997 Ci~ Engineer City of Bakersfield DG:p:hninordiv~lla353.coc 1028 Bo o .?039 1139 EXHIBIT "A" BEING AN'ADJUSTMENT OF THE BOUNDARIES OF THOSE PARCELS OF LAND DESCRIBED AS PARCEL "A"'OF PARCEL MAP WAIVER NO. 741, AS RECORDED IN CERTIFICATE OF COMPLIANCE, BOOK 5885, PAGE 914, O.R. AND THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER BOTH BEING IN SECTION 34, TOWNSHIP 29 SOUTH, RANGE 26 EAST, MOUNT DIABLO BASE AND MERIDIAN, CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: ADJUSTED PARCEL A: BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 34, ALSO BEING THE TRUE POINT OF BEGINNING. THENCE (1) SOUTH 00°23'13'' WEST, ALONG THE EAST LINE OF SAID SECTION 34 ALSO BEING THE CENTERLINE OF RENFRO ROAD, 1325.17 FEET; THENCE (2) NORTH 89°36'48'' WEST, ALONG THE SOUTHERLY LINE OF THE KERN RIVER FREEWAY ALIGNMENT RECORDED IN BOOK 6602, PAGE 1495 OF OFFICIAL RECORDS, AND AS CONVEYED IN DEED RECORD BOOK, 6768, PAGE 1488 OF OFFICIAL RECORDS, 74.02 FEET; THENCE (3) NORTH 04°09'44'' WEST, ALONG SAID FREEWAY SOUTHERLY LINE ALIGNMENT 325.94 FEET; THENCE (4) NORTH 86°56'04'' WEST, ALONG SAID FREEWAY ALIGNMENT, 676.74 FEET TO THE BEGINNING OF A NON TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 5295.17 FEET TO WHICH BEGINNING OF THE CURVE A RADIAL BEARS SOUTH 10°45'05'' EAST; THENCE (5) SOUTHERLY ALONG SAID CURVE, ALSO BEING THE SOUTHERLY LINE OF SAID FREEWAY, THROUGH A CENTRAL ANGLE OF 06°07'31" WITH AN ARC LENGTH OF 566.08 FEET; THENCE (6) NORTH 00°25'04'' EAST, 1110.03 FEET, TO A POINT ON THE CENTERLINE OF JOHNSON ROAD; THENCE (7) SOUTH 89°30'05'' EAST, ALONG SAID CENTERLINE OF JOHNSON ROAD, 655.96 FEET; THENCE (8) CONTINUING ALONG SAID CENTERLINE OF JOHNSON ROAD, SOUTH 89°30'03'' EAST, 667.85 FEET TO THE POINT OF BEGINNING. EXCEPTING ALL THAT PORTION OF THE KERN RIVER FREEWAY ALIGNMENT RECORDED IN BOOK. 6602, PAGE 1495 OF OFFICIAL RECORDS, AND AS CON-VTEYED IN DEED RECORD BOOK 6768, PAGE 1488 OF OFFICIAL RECORDS LYING IN THE EAST HALF OF THE EAST HALF OF SAID SECTION. CONTAINING 31.25 GRoss ACRES ADJUSTED PARCEL B: BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 34; THENCE SOUTH 00°23'13'' WEST ALONG THE EAST LINE OF SAID SECTION 34 ALSO BEING THE CENTERLINE-OF RENFRO ROAD, 1325.17 FEET TO THE TRUE POINT OF BEGINNING; THENCE (1) CONTINUING ALONG SAID CENTERLINE OF RENFRO ROAD SOUTH BOOK 7039 11,10 , 6OI. 72 00"23'13" WEST,--6-6-G.-~FEET; THENCE (2) NORTH 89"29'54" WEST, 1324.87 FEET; THENCE (3) NORTH 00"25' 04" EAST, 875.07 FEET TO THE BEGINNING OF A NON TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 5295.17 FEET TO WHICH BEGINNING OF THE CURVE A RADIAL BEARS SOUTH 16"52'36" EAST; THENCE (4) NORTHERLY ALONG SAID CURVE, ALSO BEING THE SOUTHERLY LINE OF THE KERN RIVER FREEWAY ALIGNMENT RECORDED IN BOOK 6602, PAGE 1495 OF OFFICIAL RECORDS, AND CONVEYED IN DEED RECORD BOOK 6768', PAGE 1488 OF OFFICIAL RECORDS, THROUGH A CENTRAL ANGLE OF 06"07'31" WITH AN ARC LENGTH OF 566.08 FEET; THENCE (5) SOUTH 86"56'04" EAST, ALONG SAID FREEWAY ALIGNMENT, 676.74 FEET; THENCE (6) SOUTH 04°09'44'' EAST, ALONG SAID FREEWAY 3Z~.D~ ALIGNMENT, ~ FEET; THENCE (7) SOUTH 89°36'48" EAST, ALONG SAID FREEWAY ALIGNMENT, ~FEET TO THE POINT OF BEGINNING. 7~.1~ CONTAINING 29.10 GROSS ACRES B A K E R S F I E L D Development Services' Department Jack Hardisty, Director Dennis C. Fidler Stanley C. Grady Building Director August 27, 1999 Planning Director (661) 326-3720 Fax (661) 325-0266 (661) 326-3733 Fax (661) 327-O646' Mr. Harold Robertson Porter-Robertson 1200 21st Street Bakersfield CA 93301 RE: Vesting Tentative Tract 5964 Dear Harold: This letter is a follow-up of our discussion Thursday regarding the above-mentioned item. This department has determined that a General Plan Amendment is necessary for the southeastern portion of this tract, amending the land use designation from RI-A (Resource - Agriculture) to LR (Low Density) or other appropriate residential designation. Therefore, processing the subdivision application will be postponed until the land use designation is changed. We will hold the subdivision application unless otherwise instructed by' you. The next GPA application deadline is September 17, 1999 for a December hearing date. You may also apply for a concurrent zone change changing the zone from A (Agriculture) to R- 1, with the appropriate minimum lot size. The application fee for a concurrent GPA and zone change is $4,060. If you submit the GPA application in September and it is approved by City Council in early 2000, it appears that the earliest Planning Commission meeting we may be able to schedule tlqe subdivision would likely be February, 2000. If you have any questions, please contact me at (661) 326-3733. Sincerely, .:?.' Jennie Eng × Associate Planner S:\TRACTS\5964\l-gpa.wpd City of Bakersfield · 1715 Chester Avenue · Bakersfield, California · 93301 Sent By: BAKFD CITY CLERK; 661 323 3780; Nov-l-99 9:54AM; Page 2 BAKERSFIELD -CALIFORNIA ' ~'ITY COUNCIL November 1, 1999 Irma Cax~n Subject: Opening the west end of Shellabarger Road to through traffic. W,~d l Dear Resident, Both the City and the County have received a petition from some of the ~ ~ residents in the Shellabarger Road are~frequesting that the west end of w,~a3 Shellabarger Road be open to through,traffic.~'-'- Due to the receipt of this petition the City is considering this request while also considering the effects David Ceud~ Of opening the road to through traffic. W,u'd 4 ~,aa~y aow~ It should be noted that the City and the County met and worked out what w,~/s was acceptable to all parties advocating closure of Shellabarger Road. The City Fire Department, County Fire Department, City Police Department, Jacqrdg Sullivan w~,~ County Shedff Department, City Public Works Department, County Roads Department, City Attorney's Office and the County Counsel were all ~ s~dvagg~o consulted and all worked together to accommodate the wishes or' the w.,~ ;, community per that petition, Residents in the area have made it clear that they do not wish to have a public community meeting on the issue. While we believe that would be the best forum for public input we recognize the scheduling conflicts that could adse for some residents if a single date were chosen. Public input isj however~ imperative especially due to the controversial nature of this issue. We are therefore seeking input from the residents in the area on wether, or not the opening of Shellabarger Road on the west end connecting to Pepita Way would be desirable. 1501 Truxpan Avenue · Bakersfield, California 93301 · (661) 326-3767 · Fax (661) 323-3780 Sent B'y: BAKFD CITY CLERK; 661 323 3780; Nov-l-99 9:54AM; Page 3/3 Page 2 of 2 A postpaid card has been enclosed with this letter. Please fill it out and return it by November 30, 1999. Any non-response will not be counted toward either side of the issue. Only those residents responding will be coUnted and those opinions considered. We greatly appreciate your cooperation and patience in this matter. If you have any questions please contact Marion P. Shaw at (661) 326-3579. Very truly yours, DAVID COUCH RAUL ROJAS Councilmember, Ward 4 Public Works Director cc: Barbra Patrick, Distdct 3 Supervisor 10/27/99 16:'13 '~805 828 1027 C 0 B PUBLIC WKS ~oo2/oo4 , ., LJ-J-.TJ'~ ~ I,l [1 t[' J'H I':I,J:H ~t, I I I:l/"/I'1 I,:t' H',I: H'I -- - ',:':~" ~~,,,,,,~ ~,,,,~,~,,,,,,, ~,~:, ~,, [1,1,'~T:I:,[?_ 1'1 :,:,',, , :.: ': ', ~~~ I:11,r I',l rlll~~i %:,',, ',, , ,,','1'1 l,J:~, ',,, ":, :':,: ..... 10/27/99 16:14 ~'805 328 1027 C 0 B PUBLIC WKS ~1003/004 From: ~ Da~e: H~E IS THE E~I~TE REQUEST FOR: .,, ~~ / & ~, October 11, 1999 As Mayor of Bakersfield, I would like to welcome Pastor John H. Calhoun to our city. I congratulate you on becoming the pastor of Olive Knolls Church of the Nazarene, one of the community lighthouses in our city. You have impressive credentials, and I know that you will be a great shepherd to the flock at Olive Knolls. Welcome to Bakersfield, and if I can be of any assistance, don't hesitate to call on me. Yours truly, Mayor 1501 Tmxtun Avenue · Bakersfield, Califomia 93301 · (661) 326-3770 ° Fax (661) 326-3779 E-mail address: mayor@ci.bakersfleld.ca.us