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HomeMy WebLinkAbout03/02/88 CALIFORNIA COMMUNITY SERVICES DEPARTMENT GENE BOGART, Dir~tor of Water Resources FLORN CORE, Assistant Director of Water Resources FRANK FABBRI, Perks Superintendent, 326~ JIM LEDOUX, Recreation Superintendent, 326-3701 ROBERT HART, Sanitation Superintendent, 326-~ MEETING NOTICE A Special Meeting of the City of Bakersfield Water Board will be held on Wednesday, March 2, 1988, at 4:00pm, in the City Managers Conference Room, 1501 Truxtun Avenue, Bakersfield, California. The following items will be discussed: 1. Approve minutes of Special Water Board meeting held January 27, 1988. 2. Ditch Eradication and Pipeline Easement Agreement for portion of 1-1-0 ditch located along Coffee Road near Meany Avenue. FOR BOARD ACTION. 3. Report on current water litigation. FOR BOARD INFORMATION. 4. Adjournment. Posted: March 1, 1988 4101 TRUXTUN AVENUE · BAKERSFIELD, CALIFORNIA 93309 · (805) 32C-.~715 AGENDA SPECIAL MEETING WATER BOARD - CITY OF BAKERSFIELD CITY MANAGERS CONFERENCE ROOM 1501 TRUXTUN AVENUE WEDNESDAY - MARCH 2, 1988 4:00 P.M. Call meeting to order. Roll Call- Board Members: Satvaggio, Chairman, Peterson, Ratty 1. Approve minutes of Special Water Board meeting held January 27, 1988. 2. Ditch Eradication and Pipeline Easement Agreement for portion of 1-1-0 ditch located along Coffee Road near Meany Avenue. FOR BOARD ACTION. 3. Report on current water litigation. FOR BOARD INFORMATION. 4. Adjournment. AGENDA WATER RESOURCES COMMITTEE MEETING WEDNESDAY, MARCH 2, 1988 IMMEDIATELY FOLLOWING WATER BOARD MEETING Councilman Mark Salvaggio - Chairman Councilman Ken Peterson Councilman Donald K. Ratty 1) Update and "Community Concerns Report" on the Kern River Parkway project. - Consultants will give status~ report on second phase of biological assessment and distribute report summarizing the results of community input surveys. City of Bakersfield Department of Water 410! Truxtun Avenue Bakersfield, CA 93301 DITCH E R/~DICATION AGREEMENT AND PIPELINE EASEMENT THIS AGt~, dated , between SOUTHWEST CONTRACTORS, INC., a California Corporation, hereinafter called "First Party" whether one or more, and Kern River Canal and Irrigation Con. any, owned in full by the City of Bakersfield, hereinafter called "Second Party", WITNESSETH THAT : WHEi~, Second Party is the owner and operator of the "Beardsley One Ditch", also known as lateral 1-1-0, now existing as an open ditch, and is the owner of a right of way and easement therefor over-and across that certain real property owned by First Party in the County of Kern, State of California, particularly described as follows: SEE "F~BIT A" ~, First Party desires to fill in and eradicate said open ditch and to substitute therefor a concrete pipeline, of the type and inside diameter hereinafter specified, in and along said easement and right of way, as hereinafter provided; and ~{EREA-~, Second Party is willing to consent to such substitution upon the terms and conditions hereinafter set forth; NOW THEREFORE, it is agreed as follows: 1. First Party does hereby grant to Second Party the exclusive and permanent right of way and easement to maintain, alter, repair, improve, reconstruct, enlarge and supplement and to flow and conduct water through a buried pipeline or pipelines over, along and in those certain strips of land in the County of Kern, State of California, more particularly described as follows: SEE "FJ(HIBIT B" together with all rights convenient and incidental thereto, including the right of ingress to and egress from said strip of land over and across real property of First Party, and First Party covenants and agrees that no building or other structure shall be constructed, and no trees, vines, or shrubs shall be planted upon said right of way and easement. 2. First Party agrees, at its own expense, to procure an Easement Guarantee Policy of title insurance in the amount of $2000.00 from World Tile Co~pany or other title insurance company acceptable to Second Party, insuring that the right of way and easement herein granted is vested in Second Party free and clear of all liens and encumbrances excepting only those matters waived in writing if any, by Second Party. 3 ~ First Party agrees to construct and install along the center-line of said right of way and easement fifty-four (54) inch inside diameter rubber gasketed Class III reinforced concrete pipe, or as an al.lowed alternate pipe material polyethylene (PE) large diameter profile wall drain pipe meeting A,qTM designation F894-85 for pipeline. Said pipeline shall be of the quality and grade and in the manner to be designated and approved in writing by Second Party's engineer. Said construction and installation work shall be done at a time that will not interfere with the flow or distribution of water through the present ditch as required by Second Party. 4. First Party shall contract for or otherwise have, see above described pipeline, installed and shall pay the entire cost of laying, constructing and installing said pipeline or pipeline, inlets, outlets, and other structures required by Second Party, including costs of all labor and materials incurred or used in connection with the installation, trenching, backfilling, leveling and testing the same, and the cost of all engineering, professional and other necessary services furnished by the Second Party or others in connection therewith. First Party shall provide to Second Party a performance bond equal in value to the engineer's estimate of the total cost of the project, in the event that the First Party shall not pay the entire costs thereof and complete said work as provided in this agreement, and if the installation of the pipeline(s) is to be contracted for, a payment bond equal in value to one-half of such estimate. Prior to any work being done to install pipeline(s), First Party shall present Second Party with a certificate evidencing required insurance. First Party shall procure and maintain for the duration of this agreement, the following types and limits of insurance: Commercial General Liability Insurance, including the broad form CGL endorsement, providing coverage on an occurrence basis for bodily injury, including death of one or more persons, property damage and personal injury, with limits of not less than $1,000,000 per occurrence; and Workers' Compensation Insurance with statutory limits and en~ployers liability insurance with limits of not less than $1,000,000. All such policies shall namm Second Party as additional insured. 5. First Party agrees to co~ence the construction and installation of said pipeline or pipelines and structures within 24 months. 6. First Party agrees that, upon completion of construction and installation of said pipeline or pipelines, inlets, outlets and other structures, and acceptance of same by Second Party, the same shall become and remain the property of Second Party and First Party shall have no right, title or interest therein, and Second Party shall be in sole and absolute control of the manner, ~thod and time of conducting and discharging water through said pipeline or pipelines and facilities; and the nature and extent of Second Party's right of way and easement shall be in no manner din%inished or restricted by the construction of said pipeline by First Party. 7. First Party agrees to keep and maintain said pipeline or pipelines, and the inlets, outlets and other strucutres thereon, in good operating condition and repair for a period.~_0~._.one year after the completion of construction and acceptance thereof by Second Party, and to pay all costs of such repairs and maintenance and replacement of any part thereof required to maintain said pipeline or pipelines and structures in good operating condition. First Party agrees that, in the event it fails, neglects or refuses to repair, maintain or replace promptly upon den%and, any part of said pipeline, or the structures connected therewith, during said period of one year, Second Party shall have the right, but shall not be rec?uired, to make any such repairs or replacements, and First Party does hereby agree to repay Second Party the cost of any such repairs or replacements made by Second Party within 30 days of mailing by Second Party of an invoice therefor, with interest at 12% per annum from the date such cost is incurred to the date of repayment if paymant made is received by Second Party within such 30 day period. 8." Pirst Party agrees to indemnify and hold Second Party free and harmless of and from any and all claims and liabilities arising out of or in connection with the construction, maintenance and repair of said pipeline or pipelines, and any other thing or matter done or required herein to be done by First Party. 9. Upon ftLll performance of this agreement by First Party, and the acceptance of said pipeline or pipelines and other structures by Second Party, Second Party agrees to quit claim to First Party that portion of its present open ditch and right of way therfor which will be replaced by said pipeline or pipelines and the right of way and' easement herein granted. 10. First Party agrees to pay to Second Party reasonable attorney's fees, trial preparation ex~nse, and court costs in any successful action brought by Second Party to enforce any of the terms, covenants and conditions of this agreement. 11. Second Party agrees to quit claim all prior easements of record. 12. This agreement shall apply to and be binding upon the heirs, executors, ac~inistrators, successors and assigns of the respective parties thereto. IN WITNESS WH~OF, the parties hereto have caused this instrument to be executed in duplication as of the day and year above written. President, Southwest Contractors, Inc. M~YOR Secretary, Southwest Contractors, Inc. First Party APPROVED AS TO FORM: City Attorney KERN RIVER CANAL & IRRIGATING COMPANY Finance Director Chairman, City of Bakersfield Water Board Second Party Lot 9 of the Sales Map of Lands of Kern County Land Company Company in Section 21, ToWnship 29 South, Range 27 East, Mount Diablo Base and Meridian and Parcel 1 of Parcel Map 3420 recorded in Book 15 of Parcel Maps at Page 170 in the Office of the County Recorder. EXHIBIT "B" (Right of Way and Easement for a 54" Pipeline:) A parcel of land located in Lot 9 of the Sales Map of Kern County Land Company in Section 21, Township 29 South, Range 27 East, Mount Diablo Base and Meridian and Parcel I of Parcel Map 3420 recorded in Book 15 of Parcel Maps at Page 170 in the Office of the County Recorder and more particularly described as follows: Co~11encing at the Southwest corner of said Lot 9; thence South 89d44'05" East along the south line of said Lot 9, 62.99 feet; thence departing from said south line North 0d09'05" West, 56.86 feet to the true Point of Beginning of the centerline of a strip of land 16 feet wide; 1. thence North 0d09'05" West, 1036.16 feet to a point; 2. thence North 45d03'26" East, 14.09 feet to a point; 3. thence South 89d44'05" East, 250.03 feet to a point; 4. thence North 61d30'00" East, 360.70 feet to the endpoint of said centerline; Sidelines of said 16 feet wide strip to be lengthened or shortened to meet existing boundary lines of an offer of dedication granted to the City of Bakersfield for Coffee Road, recorded in Book , Page of Official Records and to the County of Kern for Meany Avenue, recorded in Book , Page of Official Reco~ds~ SPECIAL MEETING WATER BOARD - CITY OF BAKERSFIELD WEDNESDAY, JANUARY 27, 1988 5:30 P.M. The meeting was called to order by Councilman Salvaggio in the Community Services Department Conference Room. The election for the Chairman and Vice-Chairman of the Water Board was brought before the Board. Councilman Ratty made a motion to elect Councilman Salvaggio as Chairman. Motion passed. Councilman Ratty also made a motion to elect Councilman Peterson as Vice-Chairman. Motion passed. The Board had a short discussion to decide the day, time and place of future Water Board Meetings. It was decided that the meetings would be held on Wednesdays, at 5:00pm at the Water Resources Conference Room. Councilman Ratty made a motion for approval of the minutes for meeting held on August 12, 1987. Motion passed. This item was brought before the last Water Board Meeting and it was suggested by the Board at that time that the owner/re- presentative make a presentation before the Board. Mr. Core introduced Mr. George Dickey, a Civil Engineer from Wiley Hughes Engineering, who made the presentation before the Board for the Royal Palms Mobile Home Park, which is asking the City to declare a portion of the Carrier Canal located near West Columbus Street as surplus property (0.706 acres). Mr. Dickey stated that the Royal Palms Golf Course and Royal Palms Mobile Home Park has been utilizing this surplus property for a number of years, and that they have been maintaining this property for that time. They have also provided an extensive property survey to show the property line of record. Due to the fact ~that they would like to make some additional expansion to the Mobile Home Park, they are requesting at this time that this property be declared surplus. Mr. Tom Rose also had a few words to say regarding this property. Staff had previously determined the property to be in excess of that required for on-going operations and maintenance of the Carrier~Canal. Councilman Ratty made a motion to recommend ap- proval by City Council to make this property surplus. Motion passed. Three Mainline Extension Agreements with California Harvest Shops, Inc. for various locations, in the amount of $534,740.70, was brought before the Board by Mr. Core for information only. Two Mainline Extension Agreement Refund Reassignments were brought before the .Board for information by Mr. Core. No action was required on this item. The request by Mr. Haupt of the Coleman Development Company, to convert approximately 1,100 lineal feet of the Carrier Canal located east of Mohawk Street into a concrete box culvert was presented before the Board by Mr. Bogart. Mr. Haupt along with the adjacent property owners would like to develop this area into a box culvert to provide additional open space parking on the surface. This conversion would effectively eliminate the annual maintenance and reduce liability for the City by covering the open ditch. The staff recommended to the Board that a proposal be made that the developer will pay fair market value of the Carrier Canal at the improved price minus the actual cost of installing the improvements plus a ten percent (10%) incentive to be given to developer to insure that the improve- ment costs fall below the appraised fair market value, thereby providing additional funds to the City. Councilman Ratty made a motion for staff to proceed in negotiations with the developer. Motion passed. Adjourned to Closed Session regarding potential litigation of water matters (per Government Code No. 54956.9(a), and also for instruction (per Government Code No. 54956.8). The meeting re-opened to the public. The meeting adjourned at 6:55pm. Mar~io, Chairman City of Bakersfield Water Board Sharon Robison, Secretary City of Bakersfield Water Board 2