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HomeMy WebLinkAbout11/09/77 ~ G E' N D A WATER .BOARD - CITY OF BAKERSFIELD ~DIqESDA¥~ NOVEMBER 9, 1977 .4:00 P.M. Call Meeting to order Roll Call ~ Board Members: RoGers, Chairman; Barton, Bergen, Hoagtand, Ratty 1. Approve minutes of meeting of October 5, 1977. 2. Adopt Negative Declaration relative to Agreement with Olcese Water District, 3. City of Bakersfield - Olcese Water District Agreement. - BOARD TO APPROVE AGREEMENT 4. Road Easement to "First Point of Measurement in the Kern River" granted to City of Bakersfield by Tenneco Realty Development Company. BOARD TO ACCEPT EASEMENT ! Lc,~ ~ 5. Road Easement granted to City of Bakersfield by Southern Pacific Transportation Company for roadway paralleling and crossing under railroad near Carrier Canal crossing. (Drawing A-12534, Sheet No. 127).. BOARD TO ACCEPT EASEMENT ~ ~. ~ 6. City Qf Bakersfield grants right-of-way to Pacific Gas and Electric Company over City property to serve electricity to City Well No. 9 (Quailwood), - BOARD TO GRANT RIGHT-OF-WAY AND AUTHORIZE CHAIrmAN 7. Staff requests Board authorization to retain Consulting Engineer Thomas M. Stetson to prepare an engineering study relative to City charging higher rates for domestic water served outside City boundaries. BOARD TO DETErmINE ACTION 8. Equipment Rental Agreements between City and North Kern Water Storage District and between City and Kern Delta Water District. - BOARD APPROVE AGREEMENTS AND AUTHORIZE CHAIRMAN TO SIGN 9. Waste Discharge~'~. FOR,~ID1SCUSSION MINUTES WATER BOARD - CITY OF BAKERSFIELD WEDNESDAY, OCTOBER 5, 1977 4:00 P, M. The meeting was called to order by Chairman Rogers in the City Hall Caucus Room. The Secretary called the roll as follows: Present: Rogers, Barton, Bergen, Hoagland, Ratty The minutes from the meeting of August 31, 1977, were approved as presented Mr. Blakemore presented to the Board the letter of September 30, 1977, from Chevron U.S.A., Inc. regarding oil field water discharging into the Beard- sley Canal. The letter outlines the conditions Chevron feels would en- able all parties concerned to reach a reasonable agreement involving the long-term transfer of Chevron's Kern River oil field water to the Beard- sley Canal. Chevron believes an offer of $10.00 per acre foot for taking of water from their operations should be acceptable. After discussion Mr. Bergen made a motion that the letter be accepted and placed on file and Mr. Blakemore and the City's Consulting Engineer, Tom Stetson get together with the parties involved and make a recommendation'to the Board. The motion was carried. ~hairman Rogers suggested that Chevron be con- tacted by telephone and informed of our intentions. On motion by Mr. Bergen the Board approved Borrow Agreement No. 77-05 W. B. with Valley Tree & Construction regarding the removal of sand from the Kern River. Mr. Hoagland made a motion that because of the time factor the Water Department be given the authority to enter into this type of borrow agreement without presenting the agreement to the Water Board. The --~ motion was passed. Letters from the Kern County Water Agency and Attorney, Rex Mull, regarding excavation in the Kern River bed were presented to the Board. The letters requested that the-City's attention be called to various excavations in the Kern River channel in areas within the City's jurisdiction. Mr. Blakemore told the board that the standard we are using is that excavations not be more than four feet deep and have eight to one side slopes. After discussion, Mr. Bergen suggested that the staff research the matter with the Kern County Water Agency and submit a report to the Board of their recommendation. A request from Berrenda Mesa Water District to buy Kern River water as a drought relief measure was brought before the Board and upon motion by Mr. Barton it was received and placed on file to be referred to the staff for study. The motion was carried. The Agreement between the City and Olcese Water Distric~ was outlined briefly by Mr. Hoagland. The City had a Memorandum of Understanding da%ed May 2, 1977 with Olcese on the 2800 acres. George ~ickel is apparently interested in extending the Memorandum of Understanding to include more land and more water. Mr. Hoagland indicated that this may have some serious implications for the City. The item was held for discussion at a .later date. Mr. Blakemore.read a letter to the Board from the Kern County Water AgencY requesting Kern River diversion records from the City. After discussion it was suggested by Mr. Bergen that we contact the Kern County Water Agency and see exactly what their request involves and cooperate w~h them when possible and to the extent that it is not a burden on the City s staff. The letter of September 28, 1977, to Harold Bergen from County Supervisor Young regarding cloud seeding was presented to the Board. Mr. Bergen stated that he felt he and Mr. Blakemore should attend their meeting on October 19, 1977, to discuss the program. Mr. Bergen believes that the County of Kern represents all citizens of Bakersfield and they are prob- ably the better agency to evaluate and determine if this would be bene- ficial to the the community. Mr. Bergen made a motion that the Board reaffirm its policy of letting a County-wide entity make this decision. The motion was carried. Mr. Blakemore informed the Board that he had received a telephone call from Gil Castle, Manager of Kern Delta Water District requesting the services of Assistant Water Manager John Chafin to review their field operations. Mr. Bergen stated that he was not O~posed to Mr. Chafin discussing mutual problems with.the Kern Delta staff, however, he was opposed to entering into any formal arrangement or agreement for Mr. Chafin's services to the Kern Delta District. Chairman Rogers suggested that we telephone Kern Delta and inform them of our decision. Upon motion by Mr. Barton, which was passed, John Chafin was appointed as alternate to Mr. Blakemore on the Board of Directors of the Kern County Water Association. On motion by Mr. Hoagland the letter of August~15, 1977, to the City from North Kern Water Storage District regarding Agreement No. 76-89, (Property Sale) was received and placed under study by the staff. The motion was carried. The memorandum of September 23, 1977, from Chuck Williams regarding re- construction of First Point of Measurement on a motion by Mr. Hoagland, which was carried,-was placed on file. The Agreement between the City and Pacific Gas and Electric Company for service to well No. 9 was presented to the Board. Mr. Bergen made a motion that the Agreement be approved and that the Chairman be authorized to sign the Agreement. The motion'w~s carried. The letter of September 28,~ 1977, to William T. Belch of Tenneco from John Chafin regarding access to Firs% Point was presented to the Board as an information item only. Mr. Chafin told the Board that he had .. a meeting scheduled for Thursday, October 6, 1977, with Mel Jane, of Tenneco to discuss the matter. The Department of Water is in the process of formalizing rental agreements with North Kern Water Storage District and Kern Delta Water District to insure full utilization of certain heavy equipment now owned and main- tained solely by the City. By entering into this rental agreement the Water Department can both reduce its equipment budget and maximize use of this equiPment. Upon a motion,~by Mr. Hoagland, which was carried, the Water Department will assist the City Purchasing Department in pre- paring agreements for presentation to the Water Board. Mr. Blakemore read to the Board a memorandum from Water Superintendent, Gene Bogart regarding canal maintenance and repair. Mr. Bogart stated that due to the increase in agricultural development an~ resulting rise in rodent activity adjacent to the River Canal in recent years, we have had to step-up our maintenance and cement lining repair accordingly. Because of the water loss and time involved when using the ~normal bidding process (3 to 4 weeks for advertisement and return of sealed bids), it is requested that the Department of Water be added to the annual contract list for cement work. Mr. Blakemore, presented another memorandum from Mr~._D~.gart~re~uesting that.the Finance Department negotiate an an~ua! ~ntract wi~h~_Ab_~t~-LA-Weed~ompan~'~f~r' ma~e~ials ..... and services .fo~we~d ~-%~~n'~-~anals. on a one-year~al bas~'j T~is f~m ~S ~=~oca~~0~'th~% ~ ~ly~e~ue-s{~a~ materials and licensed operators to make the herbicide applications in the manner specified by the Department of Water. Mr. Hoagland made a motion that~the contracts be prepared by the Water Department and City Purchasing and presented ~o the Water Board. The motion was carried. -2- Chairman Rogers informed the Board of a letter he had received from Dr. Ted Murphy, of Cal State Bakersfield regarding his request to use a portion of our 2800 acres as a preserve for~animals and plants. Mr. Bergen suggested that the letter be presented to the City Water and Growth Committee for review and then referred back to the'Water Board. There being no further business to come before the Board' Chairman Rogers adjourned the meeting at 5:25 P.M. ~ ~.~i]~-d'a HoS-t~nyer ,' SeCretary City of Bakersfield Water Board -3- October 21, 1977~ Kern County Water Agemcy 414 Arrow Bakersfield, CA 93302 Attention: Stuart~.P~!~--~f~gineer ~nager Dear Stu: The water agreement between the City of Bakersfield and the Olcese I~ter District will be considered by the City of Bakersfield Water Board on November 9, 1977. The encloged Environmental Infoz~.ation sheet has been originated to a~certain ~ether the proposed acreement will or will not have a substamtial adverse effect upon the environment, or cause additional environmental inpacts not previously ~t~c~smed in the original EIR entitled "Use and Disposition of property and water rights acquired by the City of Bakersfield, etc." and dated September, 1975. It i~ anticipated that a ~cgmt±vm Declaration will be ~rmn~d by ~. The Environmemtal Checklist ~s attached for your ihformation as well as a copy of the agreement and a legal description and map of the 2,800 acres of city o~d property° If we can be of any further assistance or supply you with any additional information, plese call the undersigned at 8~1-2777. Very truly yours ~·~. A. TOOKER Principal Planner I. IAT/glo enclosure CiTY OF BAKER!SFIELD .. R E'_SO LUTIO,~4 24-77 ' APPENDIX Iq Date Filed 10-17-77 Environmental. Information Form (To be completed by-applicant) ~.. Name and address of developer or project sponsor'__¢i~y- of Bakersf/.e_lxk_ and the 0lc'ese Water District 2. Address of project · Not applicable Assessor's Block and Lot Number N/A · ~',ame, address, and telephone number of person to be ccntacted ¢:oncerni:]K this project: Ken Hoagland, City Attorney 1501 Truxtun Avenue, Bakersfi~]'d,' Cali[6~ia, 93301 4. Indicate number of the permit app].ication for the project to which this fol-m pertains' None 5. Lis't and describe any other related permits and other public approvals required for this project, includinE those required by cJty, resional, state and federal aCencies' None 6. .Existing zonin§ district:- A-1 or A (Agricultural) 7. Proposed use of site (Project for which this form is f~led)' iSee attached Memo of Understanding and subsequent agreement between the city of Bakersfield and the 01cese Water District. PROJECT DESCRIPTION 8. Site size. N/A 9. Square footage. N/A !0. Number of floors of construction. N/A 11. Amount of off-street parking provided. N/A 12. Attach plans. N/A 13. Proposed sched'uling. N/A id. Associated projects. None 15. Anticipated incremental developement. N/A 1'6:, If reside.;~tial, include the number of units, schedule of unit sizes, range of sale prices or rents, a~d ty?e of household siz8 ezpected. N/A 17. if commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities. 'N/A 18. If industrial, indicate type, estimated employment per shi£t, and loading facilities. N/A ].9. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, ].oadi~]g facilities, and community benefits to be derived from the project. N/A 20. If the project involves a variance, condit'Jonal use or rezoning application, state this and indicate clearly why the application is required. N/A Are the following items applicable to the project or its effects? Discuss below all items checked.yes (attach additional sheets as necessary) . YES NO X 21. Change in exis'tin~ features of any bays, tidelands, beaches, lakes or hills or substantial alteration of ~round contours. x 22. Chan~e in scenic views or vistffs from existin~ residential areas or public lands or roads. X 23. Change in part.em, scale or character of general area of project. X ~4. Significant amounts of solid waste or litter. x.. 25. Chan~e in dust, ash, smoke, fumes or odors in vicinity. X 26. Change in ocean, bay, lake, stream or ground water quality or quantity, or alteration of existing drainage patterns. X 27. 3Substantial chan~e in existin~ noise or vibration levels in the vicinity. x 28. Site on filled land .or on slope of 10 percent or more. X 29. Use of disposal of potentially hazardous materials, such as toxic substances, flam~nables or explosives. ,' ~Con t , ii.3 ~ X 30. Substantial change in demand for lfluni.cipal services _, ~ (police, fire, water, sewage, etc.) x 31. Substantially increase fossil fuel consumption - (electricity, oil, natural gas, etc.). X 32. Relationship to a larger project or series o~ pro- .. jeers. ENVIRONMENTAL SETTING ' 33. Describe the project site as it exists before the project, inc].uding information on topog, rapby, soil stability, plants and animals, and any cu].tural, historical or scen_~d aspects. Describe any existing structures on the site, an'd the use of the structures. Attach photographs of the site. Snapshots or pol.2roid photos will be accepted. See Environmental Impact Report RE: Use and disposition of property and water rights dated July, 1975. 34. Describe the surrounding properties mnc]um~ g information on plants and animals and any cultural, historical or scenic aspects. Indicate the .type of land use (residential, co~.mercial, etc. ), intensity of land use (one family, apartment houses, shops, department' stores, etc.), and scale of developement (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity, Snapshots or polaroid photos will be ,accepted. Same as 33 (above) CERTIFICATION: I hereby certify that the statements furnished above and in the attached exhibits present ti~e data and infor- 'mation required for. this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belie'f. ~ -($ignature) For ,.; APPENDIX I ENVIRONMENTAL CHECKLIST FORM (To be completed by Lead Agency) I. BACKGROUND 1. Name of Proponent.City of Bakersfield/Nickel Enterprises 2. Address and Phone Number og Proponent: Ken Hoagland, City of Bakersfield 3. Date of Checklist Submitted October 17, 1977 4. Agency Requiring Checklist City of Bakersfield 5. Name of Proposal, if applicable Exchange of water rights--Kern River II. ENVI RON~vq EIqTAL IMPACTS (Explanations of ail "yes" and "maybe" answers are required on attached sheets.) Y ES MAY B E NO 1. Earth. Wilt the proposal result in: a. Unstable earth conditions or in changes tn geologic substructures? _X_ b. Disruptions, displacements, com- paction or overcovering of the soil? X c. Change tn copography or ground X surface relief feat~res? d. The destruction, covering or modification of any unique geologic or physical Features? X e. Amy increase in wind or water erosion of soils, either on or off the site? X f. Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may m. odify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? X I2 :,. -'.. YES MAYBE NO -- ' g. Exposure of people or property to geologic hazards such as eartiaquakes, landslides, mudslides, ground failure, or similar hazards? X 2. Air. Wttt the proposal result in: a. Substantial air emissions or deterioration of ambient air quality?. X b. The crea(ion of objectionable odors? X c. Alteration of air movement, moisture or temperature, or any change in climate, either locally or regionally?. X 3. Water. Will the proposal result in: a. Changes in currents, or the course or direct[on of ~vater movements, in either' marine or fresh water?. X b. Changes in absorption rates, drainage patterns~ or' the rate and amount of: surface water runofi,~.. X c. Alterations to the course or Flow of flood waters? X See attached II. 3.c. d. Change tn the amount of surface water in any water bod2f? X (see c.) e. Discharg.e into surface waters, or- in any alteration of surface water quality, including but not limited to temperature, dissolved oxygen or ~u rb idi'~lM? f. Atteration of the direction or rate of flow of ground waters? X (see c.) g.. Change in the quantity of ground waters, either through direct additions or withdrawals, or through inEercept[on of an aquifer by cuts or excavations? :'. "; YES tvlAYB E NO ~ ' h~ Substantial reduction in the amount of water otherwise available for public water supplies? X i. Exposure of people or property to water related hazards such as X flooding or tidal waves? 4. Plant Life. Wilt the proposal result a. Change in the diversity of species, or number of any species of plants (including trees, shrubs, grass, crops, mtcroftora and aquatic plants)? X b. Reduction of the nunabers of any . unique, . rare or endangered species o f plants? .. c. introduction of new species of plants into an area, or in a barrier to the normal replenishment existing species? X d. Reduction in acreage of any agricultural crop? ' X 5. An[ma1 Life. Will the proposal result in: a. Change in the diversity of species, or numbers of any species of animals (b{rd~, land animals including reptiles, fish and shellfish, benthic organisms, X insects or- microfauna)? b· Reduction of the numbers of any unique, rare or endangered species of animals? X c. Introduction o? new species of animals into an area, or result tn a barrier t~ the migration or movement of an[mats? X d. Deterioration to existing fish X or wildlife · Y ES MAYBE NO 6. Norse. Writ the proposal result in: a. Increases in e×tst[ng no[se levels? X b. Exposur'e of people to severe X noise levels? 7. Light and Glare. Will the proposal X produce new tight or glare? 8. Land Use. Wilt the pr'oposat result tn a substantial alter'at,on of the present X or planned land use of an area? 9. Natural F~esources. W~ll the Proposal result a. Increase tn the rate of use of any natural resources? X b. Substantial deptetton of any noprenewable natural resource? X 10. Riskof Upset. Does the proposal involve a p[sk of an explosion or- the release of hazardous substances ((ncludtng, but not limited to, oil, pesticides, chemtcats or radiation) tn the event of an accident or- upset cord ttions? X 11. Population. Will the proposal alter the location, dtstr[but[on¢ density or growth rat% o'f the human popu- lation of an area? X 12. Housing. Will the proposal affect existing houstng~ or create a demand for addi. tionat housing? X 13. Transportation/Circulation. Will the proposal result a· Gener'at~on of substantial addi- t~or',~l vehtcuta~~ movement? X [5 YES MAYBE NO b. Effects on existing parking facilities, or demand For new parking? X c. Substantial impact upon existing X transportation systems? d. Alterations to present patterns of circulation or- movement of people and/or goods? X e. Alterations to water'borne, rail or air traffic? X f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? X 14. P. ublic Services. Will the proposal have an effect upon, or result in a need for new or- altered govern- mental services tn any of the following ar~as: ' a. Fire protection? X b. Police protection? X c. Schools? X d. Parks or" other recreational facilities? X e. Maintenance of public facili- ties, including roads? X · f. Other' governmental services? X 15. Energy. Wilt the proposal resut[ in: a. Use of substantial amounts of fuel or energy? x b. Substantial [ncr'ease in demand upon existing sources of ener-gy, or require tine development of new sources of energy9 X I6 ~ YES MAYBE NO 16. Utilities. Wilt the proposal r'esult in a need for new systems, or substantial alterations to the following ut1lities: a. Power or' natur'al gas? X b. Communications systems? , X c. Water? d. Sewer or septic tanks? X e; Storm water drainage? X f. Solid waste and disposal? X 17. Human Health. Will the proposal result a. Creation of any health hazard or potential health hazard (excluding mental heat,th)? X b. Exposure of people to potential health hazards? ~ X 18. Aesthetics. Will the. pr'oposal result tn the obstr'uction of any scenic vista or view open to the public, or w%ll the pr`oposal result tn the creation of an aesthetically offensive site, open to public view? 19. F~ecreation. Will th'e proposal result tn an impact upon the quality or quantity of existing recr`eational opporbunities? X 20. Archeological/Htstorical. Will the pr'oposal result in an alteration of a significant archeologtcal or historical site, structure, object or building? I7 -" '~ · Y ES MAYBE NO 21. Mandatory Findings of Significance. (a) Does the pr-oject have the potent[at to degr'ade the quality of the env[r'onment, substantiatty r'educe the habitat oF a fish or' witdtife species, cause a fish or' witdtiFe poputation to drop be[ow serf sustaining revels, [hr'eaten to etiminate a ptant on anima! community, r`educe the number` or` r`estr'ict the range of a r'ar'e or- endangered plant or' an[mat or` ettminate impor-tant examptes of the major` per'iods of CatiFor`n[a histor`y or- pr-ehistor-¥? X (b) Does the pr-oject have the potentiat to achieve shor't-ter-m, to the disadvant- age of tong-term, envir-onmentat goats? (A shor-t-ter'm impact on the envir-onment ts one which occurs in a r'etativety br'ief, definitive per-tod of time white tong-term impacts wit[ endur-e wet[ into the futur'e.) X (c) Does the pr-oject have impacts which ar-e individuatty ttmited, but cumutat[veiy consider'ab[e? (A pr'oject may impact on two or` more separ-ate r-esour-ces wher'e the impact on each r`esour-ce is r-etativety sma[t, but wher-e the effect of the to[at of those impacts on the environment is significant. ) X (d) Does the pr-oject have envir'onmental effects which, wit[ cause subs[an[tat ad- ver'se effects on human beings, either` dir`ectty or- indtr'ectty? X III. DISCUSSION OF ENVIRONMENTAL EVALOATION See attached IV ID ~FERMINATION * (To be completed by the Lead Agency) On the basis of this initial evaluation: /77 ! find the proposed project COULD NOT have a significant ef[ect on the environment, and a Negative Declaration will be pr?pared. F7 ! find that although the proposed project could not have a significant effect on the environment, there will not be a significant effect tn this case because the mitigation measures described on an attached sheet haVe been added to the p~oject. A NEGATIVE DECLARATION WILL B E PR EPAR ED. /--7 I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL iMPACT REPORT is required. ~"(Stgnature) ~ For II. 3. c. When water flows in the lower Kern River, the installed berms will contain specific amounts of water so that optimum percolation into the underground aquifer can take place. III. On July 20, 1977, the Kern County Water Agency was invited to discuss the agency concerns relating to the Rio Bravo annexa- tion and the subsequent exchange of water rights between the city of Bakersfield and the Olcese Water District. This "exchange of rights" was described in the "Memo of Under- standing" between the Olcese Water District and the city of Bakersfield and was dated May 2, 1977. On August 9, 1977, the Agency submitted a letter to the city of Bakersfield enumerating their concerns over the exchange of these rights. On August 19, 1977, the Agency's comments were sent to the city's consultant for water related matters for review and comment. (i.e. Thomas M. Stetson and civil and consulting engineers) On October 11, 1977, the city's consultant responded to the question.raised by the Kern County Water Agency. It is on the basis of the Kern County Water Agency comments that this supplementary environmental document is originated so as to fully disclose the intent of each party to said agreement. As can be seen on ~the attac~ed map, the city of Bakersfield acquired approximately 2,800 acres of the Kern River from Tenneco, Inc. in November 1976. The property extends from the existing westerly city limits at Stockdale Highway thence southwesterly to California State Route 1-5 (See attached legal description). As can be seen by review of the enclosed agreement, all aspects of improvements, measurements, costs incurred by each party that relate to the water rights on the Kern River will be a matter of public record. In addition, the city of Bakersfield will keep the Kern County Water Agency (and any other i~terested agency) fully informed as to the implementation progress of ~the "Agreement". Specific comments to the Agency's concerns will be forwarded to the Agency under separate covers. glo South and West of the existing city limits at Stockdate Highway to interstate Route 5. The project ara encompasses approxim&tety 2800 acmes of city owned pr'operty. The project involves an agreement concerning the spreading of Kern~ - ftows in the riven bed. The agreement contains provisions for the conjunctive operation of the Kern ~tver ground w~tee stoe&~e unit to serve the Otcese ~t, the o ~c~: of d,~ ~z't~n~3 D~.~e-cto~ -' r"-,,.. ,' "~ E,;~,r.6,..! :,,,':~.,to~ ~(.~-..:: ,V'tu,,,,,~ue,',-S O{ tHE co?~r, ment ¢,r~ s--:~r.'ne. ~-'- wrq't:ino, c;r: of D~for (:- t! ,., ' 7th dF.y of November- PUBLISH ONE TiME ONLY ON OCTOBE_.R. 25, 1977 ?'~ ~z~ °5777 April 13, 1977 · . ~fEMORANDUM OF UI~D~STANDING NO. 77-7~ The City of Bakersfield owns in fee 2800 acres of land along the Kern River west of Bakersfield.. The City plans to utilize' this area as a water spreading ground to increase water management and to enhance water supplies for use within the City. The Olcese Water District is se~zing water to urban and farming uses northeast of Bakersfield. The Olc~se Water District contemplates acquiring the Hacienda Water rights, which is a lower- river water right. It is contemplated that lands in the Olcese area will be annexed to the City of Bakersfield. The annexation is known as the Rio Bravo Annexation. It is necessary that the lands within the Rio Bravo Annexation be assured of a continuous source of water for 'their present and future development. This Memorandum of Understanding sets forth principles of agreement relative to the above, which will be encompassed in a for- mal written contract at a later date. 1. City will identify the 2800 acres with particularity. 2. 'Olcese Water District will endeavor to expand its boundaries to abut Kern County Water Agency ImProvement District IV boundaries. 3. City will contract with Olcese Water District to allow Olcese to place 10 or ~nore water wells on City's 2800 acres at locations approved by City. a. Olcese is to furnish a schedule of well development and plans for each well and at its sole expense to construct such' wells. b. Olcese is to deed the wells to the City upon cOmpletion of each well. ° c. The wells are to be operated by City. d. Olcese is to be compensated for the cost of such wells as set forth here- inafter. 4. Olcese at its expense will construct any diversion, measuring and other spreading facilities necessary to its operations.- The'annual operation and main- tenance cost of the spreading operations shall be shared by the City and Olcese~on the basis of City water, which is spread, and Olcese water, which is spread, in proportion to the respective amount of each. 5. Olcese is to spread water in advance of any ground water recovery on the 2800 acres subject to the availability of such spreading capacity in excess of C~ty's water available for spreading. 6. The City will retain a first priority for use of the 2800 acres for spreading and recovery of its water percolated on the lands. 7. It is contemplated that there will be different classes of water extracted from the spreading area. The extraction charge will be priced by' City as follows: a. Olcese water used in City for: (1) Municipal and industrial use-- operation, maintenance and depreciation plus $6.00 per acre foot. (2) Irrigation and recreational use-- operation, maintenance and depreciation plus $1.50 per acre foot. b. Olcese water used o~ sold outside City but within Olcese Water Storage District: (1) Municipal and industrial use-- operation, maintenance an& depreciation plus $12.00 per acre foot. (2)~ Irrigation and recreational use-- operation, maintenance and depreciation plus $3.00 per acre foot. c. City water used by Olcese in City: (1) Municipal and industrial use-- operation, maintenance and depreciation plus $12.00 per acre foot. (2) Irrigation and recreational use-- operation, maintenance and depreciation plus $6.00 per acre foot. 8. All of the above fees are subject to escalatio~ on the basis of the July 1, 1977, Price Index for "Ail Commodities" classifications of the Wholesale Price Indices for Major Commodity Group published by the Bureau of Labor Statistics. 9. It is understood that the charges for extraction of water as set forth in 7 above bY Olcese, shall first be used to compensate Olcese for the actual cost of the water wells plus interest at the rate of 5. 367° annually. 10. The term of this agreement shall be for thirty- five years with each party agreeing to negotiate in good faith for an extension thereof for an additional term of years. 11. There will be incorporated into a formal contract such items as payment, successor clause, eminent domain, liability of parties, and such other terms as are necessary to .carry out the general intent of this document. Dated: . M.ay. 2 , .. , 1977 APPROVED AS TO FORM: CITY OF BAKERSFIELD - City AttOrn,ey ,Vice ~Mayor':~'. By 'Fioance Di~"ect.~r' OLCESE ~ATER NEGATIVE D --C LARATION No, 527 CUr .Ftle No. 1, Name and address of Sponsor.(s) of Project: _-_ Cit~_ of BakersField~ 1501 Truxtun Avenue ,,. ' -- B.a. kers.f!etd, CA. 93301 (Attn: Ken Hoaq'tan¢, ¢!~V ~ffn~n~y) 2. Loc~tton of Project: Kern River (:portions of Township. 30 South~ Range 26 F-ast~ Sections 3~ 4~ 8, 9, 10, 1.6. 17. 18. 1_9_and 20 and. Township 30 South, Range'25 East: Section. 1.3~ 23, an.d. 2.4., _ 3. Description of Project as Proposed: Ex~h. ancje of water~ riqhts in the Kern River between the City of Bakersfield and the Otcese Water District. 4. The undersigned, having considered the matters provided in City Counci! Resolution No. 24-77, Ci.t~ of Bakersfield, does hereby find and determine that the above described project w[ll not- have a s[§n~f~cant effect'on the environment. Refer to Appendixes "H" and "I" Dated: October 20 1977 Posted: October 25 197 7 D~ck Foster', Community Development Director r"" ~" ' :'" ~" ~ ,"f .c .-~ I-= Dswey Sce~tes ' r%.? - r .- ;.-,-- AGREEMENT NO. THIS AGREEMENT, made and entered into this day of , 1977, by and between the CITY OF BAKERSFIELD, a municipal corporation, hereinafter referred to as "City", and OLCESE WATERJ DISTRICT, hereinafter referred to as "Olcese"; W I T N E S, S E T H: WHEREAS, City owns 2800 (-+) acres of undeveloped land within the Kern County water basin west of City, which lands are set forth on a map entitled "Exhibit A" attached hereto; and WHEREAS, Olcese is owner or will be owner of certain Kern River water rights; and ' WHEREAS, some of the water flow in the Kern River occurs only in years of substantial water run-off; and WHEREAS, Olcese lands, lying northeast of City, have a need for a dependable water supply for urban and agricultural use; and WHEREAS', by utilizing City's 2800 acres for spreading Kern River water in certain years and by pumping the water f~om the underground, Olcese may receive a dependable supply of water for its operations on Olcese lands; and WHEREAS, City will be spreading water on said 2800 acres for benefit of City; and WHEREAS, this agreement is necessary to set forth terms and conditions relative to the above. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereby agree as follows: ARTICLE I IMPROVEMENTS ON THE PROPERTY Olcese may go upon the lands described in Exhibit A for the purpose of constructing levees or other water spreading facilities, including diversion structures, measuring devices, construction of water wells and conveyances for the purpose of extraction of underground water supplies, subject to the following: A. Ail the improvements necessary to carryout this agreement are to be constructed at the sole expense of Olcese. B. Olcese is to commence placing improvements on the property within a reasonable period of time, not exceeding one year. C. Olcese is to furnish a schedUle of all development including wells and also the plans for all improvements. Such plans must be approved by the Bakersfield Water Board prior to construction, which approval shall not be unreasonably withheld. D. Olcese will Convey all wells and facilities to the City upon completion and the City will thereafter operate the same. Any construction guarantee for any facilities will be assigned to City. E. Olcese shall provide measuring devices ~or the water spread on, and water recovered from, the subject property and City shall maintain records of such spreading and recovery. Olcese shall have ac~cess to such records. ARTICLE II OPERATION AND USE OF LAND AND FACILITIES A. City will retain a first priority for use of the property and facilities for spreading and recovery of City water. B. Olcese will have the right under City operation to spread water on property and recover same subject to above. Said recovery will be limited to the net amount of water placed in underlying storage. C. The annual operation and maintenance costs of the spreading operations shall be shared by the City and Olcese proportionally on the amount of water spread by Olcese and City. 2. Costs due City shall be payable monthly upon demand by City. No oversight by City in making such demand shall relieve Olcese from such payments. ARTICLE III OM&R CHARGES AND DELIVERY A. Ail OM&R costs as defined in "B" below shall be charged to Olcese except City will ~ay OM&R costs in proportion to City's use of the wells. B. For purpose of this Article, Operational Maintenance and Replacement (OM&R) costs shall mean the costs of operations, maintenance, depreciation, property taxes, and other taxes~that may be levied as a result of this agreement and replacement costs, which costs shall include administration, labor, materials, energy utilized to p~oduce the water or to pump water, including demand and standby charges and depreciation of faciiities utilized thereby, and the cost of replacement of a facility which may not be fully depreciated. For purposes of OM&R, it shall be assumed that wells have a 20-year life; pumping facilities, including pumps, motors, electrical control panels, and similar equipment, shall have a 12-year life; and alt other facilities including pipelines shall have a 40-year useful life. C. Olcese shall pay to City the following fees: 1. For Olcese water used inside the City for municipal and industrial use. a. OM&R plus six dollars ($6) per acre foot of water extracted~ 2. For Olcese Water used inside the City for irrigation or recreational uses. a. OM&R plus one dollar and fifty cents ($1.50) per acre foot of water extracted. 3. For Olcese water used or sold outside City but within Olcese Water District for municipal and industrial use. a.- OM&R plus twelve dollars ($12) per acre foot extracted. 4. IFor Olcese water used or sold outside City but within Olcese Water District for irrigation and recreational use. a. OM&R plus three dollars ($3) per acre foot extracted. 5. ~For City water extracted from said property and sold to Olcese to be used inside City for municipal and industrial use. --3-- a. OM&R plus twelve dollars ($12) per acre foot of water extracted. 6. For City water extracted from said property sold to Olcese to be used inside City for irrigation and recreational use. a. OM&R plus six dollars ($6) per acre foot. C. All pumped water delivered to Olcese ahall be at the well- site. D. All charges herein are subject to escalatioh on the basis of the July i, 1977, Price Index for "All Commodities" classifications of the Wholesale Price Indices for Major Commodity Group published by the U.S. Bureau of Labor Statistics. Adjustments will be made in January of each year. E. All charges are due and payable by Olcese to City 30 days after mailing of notice by City. 'ARTI'CLE IV REPAYMENT TO OLCESE FOR CONSTRUCTION OF WATER WELLS To repay Olcese for installation of water wells on subject property, Olcese shall be given credit for all Olcese extraction charges less OM&R until Olcese shall have been repaid for the actual cost of the wells plus interest at the rate of 5.36 percent annually, in the event this agreement shall become inoperative by law or breach of terms and conditions herein, no further obligation shall exist in City. ARTICLE V TERM AND RENEWAL This agreement shall be for a term of thirty-five (35) years from and after July 1, 1977, and each party agrees to negotiate in good faith at the expiration of the agreement for an extension thereof for an additional term of years. ARTICLE VI GENERAL CONDITIONS A. This~ agreement with Olcese applies only to Kern River water, provided however, other water may be included with consent of City. B. This agreement shall be interpreted not to limit in any manner City's ~ight to spread, recover or sell water. C. This agreement shall be subject to the terms and conditions conditions of the City contracts with North Kern Water Storage District (No. 76-89); Cawelo Water District (No. 76-62); Kern-Tulare Wa%er District (No. 76-61); Rag Gulch Water District (No. 76-63); and Rosedale Rio Bravo (No. 76-180) which in any manner limits th'e performance by City of the terms of this agreement. D. This agreement is also subject to any federal, state, or local regulations or legal restirctions limiting in any way the per- formance by City of the terms of this agreement. E. Olcese shall indemnify City, its officers and employees for any liability for injury to, or death of, any person or damage to any property caused by a negligent or wrongful act or omission occurring in Olcese's performance of this agreement. ,- F. In the event City is compelled to resort to litigation for the performance of conditions of this contract including any payment due the City~ by Olcese, court costs and attorney's fees shall be paid by Olces~~. · G. Any material breach of the terms and conditions of this agreement shall render this agreement inoperative in the sole discre- tion of City. H. In no event shall City be liable' for any damage that may result from City's non-negligent performance of any order or direction to it. I. Any notice, billings, or correspondence required hereunder may be given by mail, postage prepaid, addressed as follows: Qlcese Water District City of Bakersfiel~ c/o Nickel Enterprises Water Board 110 New Stine Road i501 Truxtun Avenue Bakersfield, CA 93309 Bakersfield, CA 93301 J. This agreement may not be transferred, or assigned by Olcese to any other parties without the written consent of City. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed, the day and year first-above written. CITY OF BAKERSFIELD WATER BOARD By: Chairman By: Secretary APPROVED AS TO FORM: City Attorney COUNTERS IGNED: Finance Director ? OLCESE WATER DI. STRICT .~. ~,-~ .RECORDING EE;U£STED BY · '-I- -I C~ty & · .. "°" L. _l SPACE ABOVE THIS LINE FOR RECORDER'S USE ROAD EASEMENT. FOR VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, TENNECO REALTY DEVELOPMENT CORPORATION, a Delaware corporation, herein called "Grantor", hereby conveys to the CITY OF BAKERSFIELD, a California Municipal corporation, herein called "Grantee", a non-exclusive easement and right-of-way for road purposes only and for no other purpose or purposes whatever over and across those certain parcels of land in Kern County, California, described as follows: Parcel 1:. The Southwest quarter (SW/4) of the Southwest quarter (SW/4) of Section TWO (2), Township Twenty-Nine (29) South, Range Twenty-Eight (28) East, M.r~.M., lying southwesterly of the Kern River. Parcel 2: That portion of the Northwest quarter (NW/4) of the Southwest quarter (SW/4) of Section Two (2), Township Twenty-Nine (29) -South; Range Twenty-Eight (28) East, M.D.M., lying northerly of the Kern River. Said easement area shail be Thirty (30)' feet 'in width and shall be over and across that certain well-traveled area, over Parcel 1 extending from the Southwest corner of said Section 2, easterly to the Kern River; and over Parcel 2, extending from the north line of said Southwest qugrter (SW/4), southerly and easterly to a Point-on the north line Of the Kern River, the terminus of each such strip to be at the approximate location of the "First Point of Measurement in the Kern River." SUBJECT to all conditions, restrictions, reservations, existing easements, servitudes and rights-of-way whether of record or not. EXCEPTING AND RESERVING' to Grantor its successors and assigns: (a) The right to re-enter upon and take and hold possession of said parcels of land or any parts thereof free of said easement and right-of-way if and when and to the extent that said parcels of land or any parts thereof shall have ceased for a period of two (2) years to be used by Grantee for road purposes; and (b) The right at any time or ~imes to relocate the easement area between the same terminal points. Should Grantor make such election, Grantor shall notify Grantee in writing thereof concurrently providing to Grantee a plot plan showing the current location of the road easement area and the location of the_proposed change. Nothing herein contained shall be deemed or construed to require that Grantor must have Grantee's permission to affect such relocation, however, Grantor shall use its best efforts to coordinate its relocation w~th the activities of Grantee. Following any such relocation by Grantor,. .Grantor shall provide Grantee with an amendment to this road easement to stipulate the description for the new easement area. ' 'Any such relocation shall be-~t Grantor's sole cost and expense; ~ and (c) The right to enter upon said parcels or any parts thereOf and to use the same for .any and all purposes not inconsistent with the easement and right-of-way herein granted. As a'material Part of the consideration for the easement and right-of-way herein granted and by acceptance hereof, Grantee acknowledges and agrees that said easement and right of way is granted ~for the ·sole purpose of' providing vehicular access to and from the said First ~oint of Measurement in the Kern River in Section 2.and that should Grantee assign or transfer or attempt'to assign or transfer the easement and right-of-way herein granted or any interest therein to any third party w~thout the prior consent of Grantor, its successors or assigns, the ~easement and right-of- Way herein granted-shall ipso facto cease and terminate. IN WITNESS WHEREOF, Grantor by its duly authorized officers has caused this instrument to be executed and its corporate seal to be affixed this llth day of October 1977. 'TENNECO DEVELOPMENT CORPO TION STATE OF CALIFORNIA' ). COUNTY OF KERN On this//~ day of ~~~ ~ . , 1~7~, before me, the undersigned, a Notary ~blie in and for the State of California, personally appeared, MELVIN JANS and WA~E E. BR00ME, ~own to me to be the Senior Vice President and Assistant Seereta~, respectively, of TENNECO ~LTY DEVELOP~ C0~0~TION, the co~oration that executed the within inst~ent, and to me to be the persons who executed the within inst~ent on behalf of the corporation therein n~ed, and ae~ledEed to me that such corporation exerted the within inst~ent pursuant to its by-laws or a resolution of its board of directo.rs,~ IN WIT~SS %~IE~0F, I have here~to set my hand and affixed my 0ffieial se~ the day and year in this certificate first above written. OFF C AL SEAL ~ ....... . · ' o ~ Notary ~blic in and J'~ the Sta~e of ~ ~ Co~mi~s on 5)~p~[es eec. 5, 198 P.O. BOX 3036, BAKERSFIELD, CALIFORNIA 93305 ~N REPLY PLEASE REFER TO August i6~ 1977 323-4 A.Ho MEYERS J.C. STRONG W.R. WILKINSON City of Bakersfield Water Department 1501~Truxt~n~Ave. . Bakersfield, CA 9330~ Attention: Mr. John Blakemore Gentlemen: Reference is made to conversation between Mr, Gene Bogar~ of your Department and Mr. Start Moore of mine concerning access Fnder our Str. No. 310.07 Kern River Bridge for the maintenance of Carrier Canal. Attached is your copy of Easement Agreement covering the roadway. It is requested that you have it recorded, after which it would be appreci- ated if you would furnish this office the recording data. Yours truly, A. Ho MEYERS W, R. Wilkinson Attachment RECO~D,,~G~E~OEST~DU¥ F~AF - VI - 6/9/77 - 28250/323 ,~ AND yVHICN RECORDED MAIL TO Street Acldress City State[ J Zi~ SP/~CE ABOVE THIS LINE FOR RECORDER'S USE EASEMENT SOUTHERN PACIFIC TPJ~NSPORTATION COMPANY, a Delaware corporation, Granto~, hereby grants to CITY OF BAKERSFIELD, a municipal corporation of the State of California, address: P. O. Box 380, Bakersfield, California 93302, Grantee, an easement for construction, reconstruc- tion, maintenance and use of a private roadway upon and across that certain real property situate at or near Bakersfield, in the County of Kern, State of California, and being a strip of land 15 feet wide located in Section 24, T.29S., R. 27E, M.D.B&M, Kern County, as more particularly shown or described on Drawing A-12534, Sheet No. 127, revised May 3, 1977, attached and made a part hereof. IN WITNESS WHEREOF, Grantor has caused these presents to be executed this l~T~ day of ~_ ~ , 1977. SOUTHERN PACIFIC TRANSPORTATION COMPANY (Title Attest ... ~ ..... . . Assistant Secretary 111STATE OF C,.iLit'OJ{NiA ~ City and County o! San Francisco~ ss. On this 21st .day oL JU1]~ in tit,. ),~ar O~*c Tbo,tsa~d Ni~e Hu~Mrcd and Scventy ~VOD before me, GENE H. ELLINGEK, a NotaD' Public in at~d for the City or~d C,~u~ty o] ScJ~*Fra~*cisco, State o[ California, personally appeared One Market Plaza L. D, r, lal, e and T F. Donnoll known to me to be the~[aBa~r . Contract ~partment and 6orporat[ofl__d6srribed ~ OR~),* ~ o[ the in a**d that executed the within instrument, ~nd also ~no~fl ;~': ,:,,..:~.¢..;, .~ pRtT'I0~PAL PLAC[ 0[ BU~ ...... S hl ,{~ to me to be the person S who executed it on behal[ o/the corporetion therein named '-, '~'~.}':'~'..}.~)~ CITY AND COUNTY OF ~ and~he y acknowledged to me that euch corporation executed the same. ?', .~.': %f':;;~' .~ .... q2~4 FRANCISCO , .* f,.~y Commission Ex~.,res July -*, 1979_ r~ IN WITNESS WHEREOF, 1 have hereunto set my hand and a~ixed my o~iclal seal at my o~ice in the City and CountyoJ~an Francisco, the d~ and year in this rerti~cate first Notary Public in and for the City and County o[ San Frah~isco, State o[ C ' ~ '~. My Commission Expires July 11, 1979 ~ . · ~.~4 · __~_.1. I ~ ' ~ ~ '~ ~. ' ~.~-.J OIV'N. · "'~ '-T '. ~-,'~ ~ :' ' ~ " ~1 ~ ' ' / . ', ' J~ '~' 0~ o: D~_~::,.~...· /~ '~ :¥ .... ~ ~ . ..,,. . : %. "k, ~- '. ,, . ::: · : . ,/ : .... ~' " ' '"' ' ' :'"' ' > .', .i, - ,,.,,:.'..:.,'::'."':: ":". - ~ . I~' '. ~. '~' ~'~ ' .... ' -' , ' i ,< .~ ..~.. . .~.: . -.~-- ,~L. ~I'D. 7 ' ~. ~'~-- ' · '~:'" ' "- ' ' .. ...... ~., ........ '.- -. '~ .: ' , .. . . · .. '~- . ~. .~ ~ '... . ... . ., ., .~ ' . ~ ,.~ ~. ....~ ...... . __ . ' .- . ' ........ ~_.L_.. ' "v N ' · ~ ' _~ .' .,'. :~" "t~ '" ...... . . . ~,.,...,., . ,. i fi · .. ,... .... . . ... . . ~.., . .,,~ ~ - ~ ', ....... .. .-.. · ..._ . '. . ~ ,~ ,, ~ .... ,:~. , ..'~..... .... ...... "...-. 1:C,:~Im . .,~ ~: ~' · , ", . i, ~. .'. ,'. ."'.. ~- -' , · · -:. , '. . ,. ,' / ', - ' ~x " ' ' 'E~ ." ' '~ -':,'" '. " '. .... ~'~ ~1 .', '",, ' '.,.' .... , ' "" ~ ~'.'- . .: '....'.' .~:. 5~tuc~J?~.-D~:::'~..?(~> ~'," ~'~.{~ ,.' I ' "'. . "..': '.:..-... "." · '. '.'..':' ' '..""' .".~ .: -. -~"'_~ .... :'" '. '.. '.. . SOUTHERN', PACIFIC ~OMPAN ~ -; · ~ ,. DRAWER . I PACIFIC GA8 AND ELECTI:~IC COMPANY ~3~~ [ 1918 H STREET - P.O. BIN 319 · BAKERSFIELD, CALIFORNIA 93302 · (805) 327.9561 October 7, 1977 .. OCT 2 4. 1977 City of Ba~er~£~eld CITY OF ~^~E~IE~ 1501 Truxtun Avenue O~^~'~ENr OF WA~ER ~ersfield, CA 9330~ ~nt leme n: The Te~eco Realty Develo~ent Corporation has applied to us for electric se~ice. In order for us to serve this customer, it is necessa~ to cross your property described as SE~ ~ Section 33, To, ship 29 South, Range 27 East, N.D.B.~. ~closed in duplicate is our ~ight-of-way doc~ent. If you are in agreement with this installa~°~~~ your authorized representative(s) si~ the original which requires notarization. The duplicate may be retained for your files. Please send a copy of a resolution authorizing the execution of this doc~ent. A poStage-paid envelope is provided for your convenience in returning the requested doc~ents to this office. If you have a~ questions regarding this ~tter, please contact me. ' ' S~cere~, ~C o~erc ~al R epre ~entat ive ~K: jm. Enclos~es AFTER RECORDING ~ RETURN TO: FOR RECORDER'S USE ONlY PA~,l~,FiC 6'AS AND ELECTRIC COMPANY LandJDepa~:tment 77 Beale Street San Fr,ancisco, California 94106 Attn: Title Administration Unit '"' Location: Ctty/Uninc Recording Fee Documentary Transfer Tax $ [] Computed on Full Value of Property Conveyed, or [] Computed on Full Value Less Liens & Encumbrances Remaining at Time of Sale Signature of declarant or agent determining tax EASEMENT CITY OF BAK~{SFIELD, a public body of the State of California first party, hereby grants to PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, second party, the right from time to time to construct, install, inspect, maintain, replace, remove, and use facilities of the type hereinafter specified, together with a right of way therefor, within a strip or parcel of land or along a route as hereinafter set forth, and also ingress thereto and egress therefrom, over and across the lands situate in the City of Bske~sfield County of Kern i , State of California, described as follows: - The .parcel 'of land, situate 'in the southwest quarter of Section 33, T.29S., R. 27E., M.D.B. &'M., described.as follows:· Beginning at a point in the northwesterly boundary line of Quailwood Drive, as said Quailwood Drive is shown'upon the map of Tract No. 3886 filed for record in Book 27 of Maps at page 55, Kern County Records, and running thence '"', ll/ north 00°17'00'' eas$ 65.~1 feet; thence north 89*43'00" west 100 feet; thence south 00°17'00'' west 150 feet; thence north 50°0~'23" east, along the northwesterly boundary line of said Quailwood Drive, 130.9t 'feet to the point of beginning; said point of beginning is detezmined by running south ~0°O~' 23" west, along the northwesterly boundary line of said Quailwood D=ive, 73.216 feet from the northeasterly terminus of a course in the northwesterly boundary line of said Quailwood Drive, which course 'according to said map of Tract No. 3886 has a bearing of north ~0°05'23'' east and a length of 274.16 feet. Said facilities shall consist of: Such underground conduits, pipes, manholes, service boxes, wires, cables, and electrical conductors; aboveground marker posts, risers, and service pedestals; undc, rground and abovegrouz~d switches, fuses, terminals, and transfo~em~ with associated concrete pads; ~ud fixtu~es and app~tena~'~ces necessa~ to ~ ~d all thereof, as second party deems necessary located with~ the sirip of l~d described as follows: A strip Of l~d of the ~fo~ width~ of 10 ~eet e~end~ no~ther~ from: the northwesterly bo~da~ l~e of said Quailwood Drive ~d ly~ ~ feet on each side o~. the l~e which begins at a po~t ~ the no~thweste~y.~ ' bo~da~ l~e of said Qu~lwood D~ive' ~d ~' thence no~th OO°1'~'~'' e~t~ parallel with ~d distant 30 feet easterly from (me2s~ed kt~ a r~ht ~l~ to) the westerly bo~da~ line of said l~dS, 60.0' feet to a po~t ~t~n, said l~ds; said'pb~t of begi~i~ is dete~ned~ by ~ north ~0~0~'23~' east, alo~ the northwesterly bo~mda~ line of said Quailwood ~, 39.~ fee from the point of ~tersection of the northwesterly bo~da~ l~e o~f s~d Quailwood Drive with the westerly bo~da~ line of s~id. l~u~, '~ / Land Department ~2-3113*R,ev. 3/7~6 SHEET B First party shall not erect or construct any building or other structure or drill or operate any well within the str±p O£ land here±nbe£ore described. The provisions hereof shall inure to the benefit of and bind the successors and a, ssigns of the respective parties hereto. IN WITNESS WHEREOF first party has executed these presents this day of ,19 CITY OF BAKERSFIELD Attested by Executed in the presence of: WITNESS San Joaquin Division. GM 496512 :Plat :No. 2927.?,.36 Prepared R/W Map No. 4970 Sec. 33, T.29S., R.27E., M.DoB. & M. Checked SE~ SW~ FOR NOTARY'S USE ONLY [lnless otherwise shown al! courses extend to or along boundaries or lines CITY. RANCHO. SUBDIVISION. I~TC. CALIFORNIA ! LEGEND SCALE SECTION J TOWNSHIP RANGE ~ NERIDI~.N COORDINATE8 ZON~ ................ ~[ ~ ] J ~,~,~ ~oo.~./,,=~' ~ ~~ ~ ~E. J~ ~-'. N ....................... ~ SCALED CO0.~. ~XT~ COUUTY Or ~~ U.S.~.S. OUAD ~-/~-7 7 F.~.: ~R. aY:~/~ CH. ~Y: L..-~ ~'_[~ EI~CE8 DIVISION '-I AGREEMENT NO,~. THIS RENTAL AGREEMENT, made and entered into by and between the CITY OF BAKERSFIELD, hereinafter "City," and NORTH KERN WATER STORAGE DISTRICT, hereinafter "District." ~W I T N E S S E T H: In consideration of the mutual promises the parties agree as follows: 1. City agrees to rent to District the below-listed vehicles at the rental rate set forth in the schedule below. Nothing contained herein shall require District to exercisD its rights to rent any City equipment listed. City Serial Rental Rate Equip. NO. No. ~ ~Model & Description Day Week Month 4669 72G153 · '69 D-14G Grader/Sloper $75.00 $400 $1,200 4671 '83J65! '~ '69 D-4D Cat. Dozer 75.00 400 1,200 4673 76A4757~ '67 D-6C Cat. Dozer .75.00 400 1,200 4664 F75EVY09275 i77' Ford 5-Yard Dump Truckf 38.00 200 600 4667 F75EVY09276 '~77 Ford 7-Yard Rubbish~Bed 38.00 200 600 4666 F75EVY09274 '77 Ford 25,000 G.V.W. Flatbed 38.00 200 600 4677 677-313176 15-Ton Tilt-bed Trailer 7.50 40 120 4675 675-313177. 20-Ton Tilt-bed Trailer 10.00 53 .160 2. The term of this rental agreement shall be for one year commencing November 1, 1977. 3. City shall furnish the above-specified equipment upon request of District provided City has no need for the equipment during the period District wishes to use the equipment. 4. City will provide normal servicing and maintenance, District will provide operator, fuel, oil and water. In the event of damage to the equipment while being rented by District, District shall pay for repairs to the equipment. 5. This agreement may be terminated by 48 hours written notice by either party to the other party. 6. District shall indemnify and hold City and its officers harmless against all claims, lawsuits or liability for injuries or damages which may arise or result from the use by an~ employee of the District of any of the above described vehicles, individually, while being rented by District and hereby releases and discharges the City and its officers from all claims, demands, actions or causes of action on account of death of any person or on account of injury to persons or property which may occur or result from said use. 7. Notices are to be sent to the following: North Kern Water Storage District City of Bakersfield 1415-18th Street,~ Room 705 Water Board Bakersfield, CA 93301 1501 Truxtun Avenue Bakersfield, CA 93301 IN WITNESS WHEREOF, the Bakersfield Wa~er Board has caused this Agreement to be executed on behalf of the City and District has 'caused this Agreement to be executed by a duly authorized official on its behalf.- . CITY OF BAKERSFIELD WATER BOARD By Chairman APPROVED AS TO FORM: city Attorney COUNTERSIGNED: Finance bi~ector ff[~&$ $~-~-_ NORTH KERN WATER STORAGE . --.kr~}.l,l,Iitil''l;t RUTAN & TUCKER HE~EIERT W. WALKER PAUL C, LOIZEAU;~. JR. SANTA ANA, CALIFORNIA 9~70'~ .,~; .... ~ ............ c ........... November 7 1977 City of Bakersfield City Manager 1501 Truxtun Avenue Bakersfield, California 93301 Dear Sir: This is to inform you that as of November 1, 1977, THOMAS M. STETSON, CIVIL AND CONSULTING ENGINEERS, a sole proprietorship, has changed its name and the form in which it does business to STETSON ENGINEERS INC., a California corporation. Therefore, from the above date forward, all checks, correspondence, etc. should be directed to STETSON ENGINEERS INC. Please be assured that there will be no change in the company's personnel or operations. This change is one of forra only, for business and tax reasons, and will have no impact whatever on the company's performance on behalf of any of its clients. Very truly yours, RUTAN & TUCKER James E. Gleason, Jr.