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HomeMy WebLinkAbout11/24/82 v ~¡ " í- :;.- AGENDA ------ WATER BOARD - CITY OF BAKERSFIELD ! I WEDNESDAY, NOVEMBER 24, 1982 I 12:00 Noon Call meeting to order Roll Call - Board Members: Barton (Chairman), Payne, Ratty, Kelmar, Oberholzer 1. Approve minutes of regular meeting of October 27, 1982. '=----- 2. Scheduled Public Statements. 3. Correspondence 4. Weather Modification agreement for City participation in the 1982-83 cloud seeding operation on the Kern River watershed. - FOR BOARD ACTION. 5. Ditch Eradication Agreement and Pipeline Easement ,from Cecil R. Hall to City of Bakersfield. - FOR BOARD ACTION. 6. Authorization to retain services of Burnham Enersen to jointly represent City and other Kern River interests in matters before State Water Resources Control Board. - FOR BOARD ACTION. 7. Staff Comments 8. Board Comments 9. Adjournment I " ~, - -~ J ;¡ , I í. ' I . , M I NUT E S I ------- I WATER BOARD - CITY OF BAKERSFIELD WEDNESDAY, OCTOBER 27, 1982 I 12:00 P.M. The meeting was called to order by Chairman Barton in the Department of Water Conference Room. ~- The secretary called the roll as follows: Present: Barton, Ratty, Kelmar, Oberholzer Absent: Payne The minutes from the meeting of August 18, 1982, were approved! as presented. ! Review of the Ashe Water Rate Schedule was brought before the ¡' board. At this time Mr. Hawley informed the board that last : spring the City Council adopted the Ashe Water Rate schedule which called for a ten (10%) percent rate increase effective July 1982, then in July the City Council deferred the adopted ten percent rate increase for the Ashe System for 90 days. After discussion, Mr. Ratty made a motion that the board recommend Council to continue current rate schedule for an additional 90 days, with staff to re-evël:Iluate. at that time. The motion was passed. At this time a memorandum to establish availability fee for water service within the Ashe and Fairhaven Service areas, , as provided by Municipal Code Section 14.04.120 B. was ?re- I sented to the board. Mr. Hawley stated that Stetson Engineers! -,- had reviewed and recommend this fee concept. After discussion, ! Mr. Ratty made a ma.tiG>n tha t the board recommend Counci 1 to adopt fee schedule. The motion was passed. ¡ At this time the proposed Kern River Property exchange between! Tenneco Realty Development and City of Bakersfield was presented i to the board. At this time Mr. Bogart stated that in August ¡. this proposal was originally brought before the Water Board. This exchange involves City property that would be conveyed i to Tenneco which includes 7563 square feet (1/6 acre) located ¡ at the east levee of the Kern River Channel and 24th Street. J The Tenneco property that would be conveyed to City includes ¡ 31.64 acres located in the primary and secondary flood plain j of the Kern River Channel between Chester Avenue and Manor I Street. After discussion, Mr. Ratty made motion that the ¡ board recommend to the City Council the proposed property ! exchange between Tenneco and City of Bakersfield. The motion was passed. I Î City of Bakersfield-California Regional Water Quality Control 'II Board contract for groundwater quality investigation of City's 2800 Acre recharge area; Fourth and Fifth Quarterly Reports were presented to the board for information by Mr. Core. \ . i Staff Comments I '--'- í At this time Mr. Chafin gave an outline on water supply. He '): reported that the First Point Interests received approval of I the Corps of Engineers to up the carryover storage in Isabella: this year from normal criteria of 170,000 acre-feet Novenilier I 1, 1982, to 245,000 acre-feet for 75,000 acre-feet additional storage. This was done by the Kern River Interests with the I cooperation of the Tulare Lake Basin people, namely the I Boswell Company. This means the City of Bakersfield would II have a carryover storage of about 18,000 acre-feet more ì ! \ I \ ¡ II I I ! ",' ",.."."" .."~ '......., -....", --.., """"--'-""""~'-'-""",'-"'~""-"""'-'-"""-'-'~" --"'-'~""""---'~""'" ..,..', ~,~-........ ..,-~,! - ~_n " ------ I. :'" )""-", 'ì 'than they would have had if it was. only 175,000 acre-feet. The total City storage would be 51,600 acre-feet of carry- over, of which a small portion belongs to Kern Delta Water District. In the 2800 Acres this year we have put into our bank account (City) approximately 32,000 acre-feet of water bringing our forecasted total in underground bank~ngat 100,000 acre-feet by the end of this year. So, with the carryover supply of what we have in Isabella, what we have in the underground bank,and the 2800 Acres we are in pretty good water supply condition. At this time Mr. Hawley presented a list of Mainline Extension Agreements between the City and Tenneco Realty Development to the board for information only. -- There being no further business to come before the board, Chairman Barton adjourned the meeting at 12:31 P.M. ~ames J. Barton, Chairman City of Bakersfield Water Board Linda Hostmyer, Secretary City of Bakersfield Water Board I "'"., .-..... ""'--. '-- .... -~----------._--..-.,.._.--- ._.. . - --. ~ .-- -------- :Þ~ .' ~ i ~ .. i NORTH ~ERN WATER STORAGE DISTRICT ~ ~~~ I~I~ ~ fõJ 1415. 18th STREET, ROOM 705 BOX 1195 BAKERSFIELD, CALIFORNIA 93302 (805) 325.3116 -, ¡ Y Ur "tW::¡.¿::>FltLL October 28, 1982 'i:PARTAM:NT OF W~'\ Tr: Buena Vista Water Storage District City of Bakersfield, Department of Water~ Kern Delta Water District Re: 1982/83 Weather Modification Program Gentlemen: Enclosed herewith is a~ "AGREEMENT AMONG THE NORTH KERN WATER STORAGE DISTRICT, BUENA VISTA WATER STORAGE DISTRICT, KERN DELTA WATER DISTRICT, AND CITY OF BAKERSFIELD WATER BOARD FOR OPERATION OF THE KERN RIVER WEATHE-R MODIFICATION lROGRAW' for your review and execution. Since a IICONTRACT TO CARRY OUT AND SUPERVISE KERN RIVER WEATHER t.1ODIFICATION PROGRAM" between Atmospherics Inc. and North Kern is referred to therein, a draft copy which will be signed by North Kern after each entity has executed the Agreement is also enclosed. The Contract amount is for $82,400 to be paid as shown on page 4 of the Contract. To this amount will be added the cost for insurance which amounted to $2,700.00 last year. The Agreement notes the total project cost not to exceed $100,000.00 which allows for any reasonable extension next spring without additional Board approvals. Each entity will be obligated for 25% of the program cost. If you find the Agreement in order, will you execute four copies of the signature page, keep one and return three to me. After completed, counterparts will be returned to you along with a copy of an executed copy of the Contract. If you have any questions, please let me know as soon as possible. Please note this must be completed during November 1982. Very truly yours, l~ \,\ t:~_L( \---, .'---- C. H. vJilliams Engineer-Manager enclosures CHW: 1 m e e ' i' i' ¡. . AGREHIENT AMONG HIE NORTH KERN WATER STORAGE DISTRICT, BUENA VISTA WATER STORAGE DISTRICT, KERN DELTA KATER DISTRICT, AND CITY OF BAKERSFIELD WATER BOARD FOR OPERATION OF THE KERN RIVER WEATHER MODIFICATION PROGRAM THIS AGREEMENT, made as of the day of November, oJ 1982, by and amoni NORTH KERN WATER STORAGE DISTRICT, (herein- after referred to as "NORTH KERN"), a Water Storage District organized and existing under and by virtue of Division 14 of the California Water Code, BUENA VISTA WATER STORAGE DISTRICT, a like district, KERN DELTA WATER DISTRICT, a California Water District organized and existing under and by virtue of Division 13 of the California Water Code and the CITY OF BAKERSFIELD WATER BOARD, an agency of the City of Bakersfield, hereinafter - 'I collectively referred to as "parties of this Agreement". WHEREAS: 1. The Department of Water Resources, State of Califor- nia, has issued to NORTH KERN. a permit for weather resource management (hereinafter referred to as the "permit"), dated July 2, 1980 (permi t it 11). Such permit authorizes NORTH KERN to conduct a weather resource management program (hereinafter referred to as the "Program") under the supervision of Thomas J. Henderson. 2. Available data indicates operation of a weather modification program in the Kern River watershed upstream of Isabella Reservoir will increase precipitation in said water- shed, and therefore increase the quantity of water available ( 1 ) " , " for diversions from the Kern River. The parties to this Agree- ment are the principle diverters of waters from the Kern River, and therefore will benefit from any program to increase precipi- tation in said watershed. 3. The governing bodies of each of the'parties to this Agreement have approved execution of sa~e. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. Operation of the Program: NORTH KERN shall operate the Program consistent with the description, terms 'and conditions set forth in the permit. 2. Cost of the Program: All costs associated with operating and carrying out the Program, including engineering and legal fees and other adminis- trativ:e costs, shall be borne by the parties to ,this Agreement equally (that is to say, 25% per party); provided, however, said total cost shall not exceed ONE HUNDRED THOUSAND DOLLARS ($100,000.00) without the prior consent of all parties to this Agreement. 3. Indemnification and Contribution: It is understood by the parties to this Agreement that Atmospherics Incorporated (hereinafter referred to as "Contrac- tor") has obtained a policy of insurance, with limits of TWO MILLION DOLLARS ($2,000,000.00) for bodily injury and property damage and that such policies name the parties to this Agreement as additional insureds. A certificate of insurance, naming the parties as additional insureds, shall be furnished to each party. Said policies shall contain provisions that provides that ( 2 ) , ¡ , 30 day 'notice will be given to parties prior to any cancel- lation. The parties to this Agreement shall contribute in equal shares toward any liability arising out of performance of the Program pursuant to this Agreement, that may be deter- mined to not be covered or included in Contractor~s insurance policy. 4. Insurance: Notwithstanding the parties to this Agreement relying on Contractor's insurance policy, during the term of this Agree- ment, each party thereto shall maintain insurance or reserves with limits of liability at least equal to ONE MILLION DOLLARS ($1,000,000.00) for combined bodily injury and ptûperty damage on a comprehensive general liability form, including the fol- lowing extended coverages: - Blanket Contractual Coverage Broad Form Property Damage Personal Injury Products/Completed Operations Owners and Contractors Protective ,Non/Owner Automotive Such insurance or reserves maintained by each party to this Agreement shall not exclude the type of activity undertaken by the Program. Each party of this Agreement shall within fifteen (15) days of the execution of this Agreement provide a certifi- cate of insurance which names each party to this Agreement and its officers, agents and employees as additional insureds and reflects the existence of the required insurance or reserves ( 3 ) - - - --- - ----- ---- ¡ ; delineated above. 5. Term: - This Agreement shall continue for a term of one (1) year from the date of this Agreement. . EXECUTED in quadruplicate at Bakersfield, California, as of the day and year first above written. NORTH KERN WATER STORAGE DISTRICT By PRESIDENT' By SECRETARY - BUENA VISTA WATER STORAGE DISTRICT By - PRESIDENT By SECRETARY KERN DELTA WATER DISTRICT By PRESIDENT By SECRETARY CITY OF BAKERSFIELD WATER BOARD By CHA I RtvlAN By CITY ATTORNEY Countersigned: ASSISTANT CITY MANAGER, FINANCE ( 4 ) ¡ delineated above. S. Term: - This Agreement shall continue for a term of one (1) year from the date of this Agreement. . EXECUTED in quadruplicate at Bakersfield, Ca~ifornia, as of the day and year first above written. NORTH KERN WATER STORAGE DISTRICT By PRESIDENT- By SECRETARY BUENA VISTA WATER STORAGE DISTRICT BY . PRESIDENT By SECRETARY KERN DELTA WATER DISTRICT By PRESIDENT By SECRETARY CITY OF BAKERSFIELD WATER BOARD By , CHAIRMAN By CITY ATTORNEY Countersigned: r ASSISTANT CITY MANAGER, FINANCE ( 4 ) . I delineated above. 5. Term: - This Agreement shall continue for a term of one (1) year from the date of this Agreement. . EXECUTED in quadruplicate at Bakersfield, California, as of the day and year first above written. NORTH KERN WATER STORAGE DISTRICT By PRESIDENT' By SECRETARY BUENA VISTA WATER STORAGE DISTRICT By - PRESIDENT By SECRETARY KERN DELTA WATER DISTRICT By PRESIDENT By SECRETARY CITY OF BAKERSFIELD WATER BOARD By CHAIRMAN By CITY ATTORNEY Countersigned: ASSISTANT CITY MANAGER, FINANCE ( 4 ) . delineated above. 5. Term: This Agreement shall continue for a term of one (1) year from the date of this Agreement. EXECUTED in quadruplicate at Bakersfield, Caljfornia, as of the day and year first above written. NORTH KERN WATER STORAGE DISTRICT By PRESIDENT' By SECRETARY BUENA VISTA WATER STORAGE DISTRICT By - PRESIDENT By SECRETARY KERN DELTA WATER DISTRICT By PRESIDENT By SECRETARY CITY 'OF BAKERSFIELD WATER BOARD By CHAIRMAN By CITY ATTORNEY Countersigned: ASSISTANT CITY MANAGER, FINANCE . (4) . --....,. REC'EiVFQ - OCT 2 () 1982 :.(,¡,;" ,..~:" ",,; o;¡ atmospherics incorporated ~TOi<"'G;: O¡SHlIC1 22 October 1982 Mr. C. H. Williams, Engineer-Manager North Kern Water Storage District 1415 18th St. Room 705 P.O. Box 1195 Bakersfield, CA 93302 Re: Contract covering the Kern River Weather Modification Program during the 1982/83 season Dear Chuck: In response to your previous correspondence concerning the proposed operational period for the 1982/83 season, we are submi~ting a revised cont~act which reflects an operational period of 1 December 1982 through 30 April 1983. We understand this will be submitted to the various parties for consideration and a final decision put forward to our group sometime in November. Host sincerely, O;¡:ak¿L/\,~- Thomas J. Henderson President TJH/h Ene. 5652 EAST DAYTON 1 FRESNO. CALIFORNIA 93727 1 TELEPHONE 12091291.55751 CABLE. ATMOS .. .. , . CO~T~\CT TO CARRY OUT AND SUPERVISE KER~ RIVER í~E.\THER HODlFICATlON PROGRAM This contract entered into this 15th day of November, 1982, by and between the North Kern Water Storage District, a Water Storage District organized and existing under and by viture of Division If¡ of the California Water Code, herein- after referred to as the "District", and Atmospherics Incorporated, a California corporation, hereinafter referred to as the "Contractor". WIT N E SSE T H: WHEREAS, the Department of Water Resources, State of California, has issued to the District a permit for Weather Resource ~llinagement (hereinafter referred to as the "permit").) dated July 2, 1980 (permit #11). which authorizes the District to conduct a Weather Resource Management Program (hereinafter referred to as the "Program"); and WHEREAS, the Contractor has on its staff weather resource management licensees and other professionals necessary to carry out and supervise the Program and has at its disposal equipment to carry out the Program. NOW. THEREFORE. IT IS AGREED as follows: 1. 'Contractor shall engage in artificial cloud nucleation operations during the term of this contract, ~ithin the target area identified by and consistent with the INITIAL STUDY ENVIRONMENTAL ASPECTS OF KERN RIVER WEATHER MODIFICATION PROGRAH and the above referenced. permit. The purpose of this cloud nucleation operation is to increase precipitation within the target area. 2. The term of this contract shall cover one seasonal operational period and shall commence December 1. 1982 and end April 30, 1983 unless mutually extended. 3. The Contractor shall furnish and have available for use during the operational period of the following equipment and personnel: a. The Contractor agrees to have available on a 24-hour-a-day basis the services of a competent staff to furnish full meteorological data. b. A complete radar system of the type designed to track precipitation areas within storms will be located in the vicinity of Porterville, Cal if orn ia, and shall be installed to cover the target area to the best advantage. c. All weather data will be available at the location of the radar system and will be used to coordinate the various phases of the field program. d. Telephone and power facilities will be maintained at the location of the radar system. -1- . '. e. A weather radio receiver will be maintained at the location of the ¡ radar system for receiving airway weather reports. f. Contractor will provide special photographic equipment designed to furnish permanent records of the various phases of the Program. These photographs will be used to study and analyze various storm situations and will be made available to the District upon request. g. A cloud seeding aircraft will be based at the Porterville Municipal Airport. This aircraft will be equipped for all-weather flying. It will be further equipped with facilities for dispensing both dry ice and silver iodide for use in cloud seeding activities through the target area. The Contractor agrees that its aircraft and equipment thereon will be certified by the Federal Aviation Administration, an agency of the United States of America, and that any and all pilots operating aircraft for or on behalf of the Contractor shall be duly licensed by the said Federal Aviation Administration. h. Contractor will provide a service vehicle for field work related to all ground and air equipment utilized on the project. 1. Contractor will furnish the following personnel who will be stationed within or near the project: (1) One radar meteorologist, (2) One instrument rated pilot meteorologist, - (3) One radar technician, and (4) One field serviceman and equipment technician. Thomas J. Henderson shall supervise the Program. 4. The main nucleating agent will be silver iodide, which shall be dis- pensed from aircraft. 5. The Contractor shall prepare all reports pèrtaining to the Program required to be filed by ~Qe Contractor and District to comply with Federal and State Law. The Contractor shall furnish monthly operational reports during the course of the cloud nucleating operation. As soon as practical after the con- clusion of the operational period, the Contractor will furnish the District a final evaluation report covering the entire yearly operation. 6. The Contractor shall furnish and keep in force during the operational period the following insurance: comprehensive public liability and property damage insurance, in the amount of $1,250,000.00 covering operation of its equipment, owned or leased, including aircraft; workmen's compensation insurance; and aviation bodily injury and property damage liability insurance of $2,000,000. Such insurance shall be maintained at Contractor's cost, except that the District shall pay the Contractor for the cost of the above referenced aviation bodily injury and property daIMge liability insurance in addition to payments delineated below. With respect to the above referenced insurance policies, the Contractor -2- .- ------- ------ -. . ". . . shall deposit certificates of insurance with the District prior to the commence- I mènt of the operational period reflecting the existence of the required insurance. The certificates of insurance for the comprehensive public liability and property damage insurance and the aviation bodily injury and property damage liability insurance additionally shall name North,Kern Water Storage District, Buena Vista Water Storage District, Kern Delta Water District and the City of Bakers- field, and their officers, agents and employees, as additionally named insureds. Parties require a 30-day notice of cancellation. 7. Contractor agrees to be responsible for, and to indemnify and hold the District harmless and free from all claims of damage to person or property of any kind or character whatsoever caused by Contractor's acts of negligence or malpractice in its cloud seeding operations. 8. Contractor agrees to be bound by the laws of the State of California and the Federal Government particularly with respect to cloud nucleation opera- tions. and that prior to commencing the operation under the contract for the District, the Contractor shall have in force all necessary licenses and permits from the State of California so to operate. 9. This contract may be cancelled by the District upon five days written notice, sent by mail to the principal office of the Contractor. upon the occur- rence of anyone of the following contingencies: (a) The issuance of any court of compenent jurisdiction of any temporary or permanent injunction against all or any part of the cloud nuclea- - tion operations undertaken by Contractor under thís contract. whether the District is a part to said legal proceedings or not. It is under- stood that the issuance of any temporary restraining order. or any tem- porary injunction limited by its terms to a period of less than twenty (20) days in duration. shall not constitute a basis for cancellation under this paragraph. (b) The passage of any overriding legislation by the State of California which shall outlaw, limit. void or alter in any substantial respect, any provisions of this contract. or shall make unlawful or improper in any substantial respects, any of the operations of the Contractor under this contract. In the event of cancellation by the District under or pursuant to the terms of this paragraph, all moni~] already paid to the Contractor by District shall be retained by the Contractor as compensation for service already performed and in addition thereto District shall pay to the Contractor the payment due on the first of the month following the month in which such cancellation is made. 1£ the District requests an evaluation report on the cloud seeding operations for that season up to the time of such cancellation, Contractor will furnish such report. 10. In the event the District decides that additional precipitation is not desired for any portion of the operational period. the District may suspend I cloud seeding operations for any specified portion of such operational period by providing three days notice to the Contractor. In the event the District suspends operations under this paragraph, Contractor will reimburse the District in the amount of $110 for each day of the suspension. -3- --~ ~-------- - ' . . , . ~'. .' '0' 11. District agrees to pay to the Contractor for the services renùered, as outlined in this contract, the total sum of EIGHTY-TWO THOUSAND FOUR Hu~DRED ($82,400.00) in payments as set forth below. It is understood and agreed that this sum includes the total fees for all aircr~ft flights and evaluations of the program, except as provided at paragraph 6 above. 12. Schedule of Payments. Operations 5 months HONTH - 1982/83 Dec - Apr December I, 1982 $ 20,000 January 1, 1983 18,000 February 1, 1983 18,000 Harch I, 1983 II ,000 April 1, 1983 10,000 Hay I, 1983 5,400 TOTAL: $ 82,400 13. Any notice to be given hereunder may be served p~rsonally or by deposit- ing the same in the United States mail. postate prepaid. and addressed to the party being notified at its address as set forth below. or at such other address as may be hereafter designated in writing. If served by mail. service shall be conclusively ,. deemed to have been made upon deposit in the United States mail. - IN WITNESS WHEREOF. the parties hereto have executed:~his contract in duplicate the day and year first hereinabove written. Address: NORTH KERN WATER STORAGE DISTRICT 1415 18th St.. Suite 705 Bakersfield, California 93301 By President By Secretary Address: ATHOSPHERICS INCORPORATED 5652 East Dayton Avenue B~~Z-~~ Fresno, California 93727 ..,.. Pr s' ent By ~#~~ (SEAL) Secretary 0 -4- Recording Requested By: --~ -,'. ~ anã when recorded mail to: City of Bakersfield Department of Water 4101 Truxtun Ave. Bakersfield, CA. 93301 AGREEMENT NO, I DITCH ERADICATION AGREEMENT AND PIPELINE EASEMENT THIS AGREEMENT, dated October 28, 1982, between Cecil R. Hall and Vera F. Hall, husband and wife, as joint tenants, as to an undivided ~ interest; and Doug Alexander, an unmarried man, as to an undivided ~ interest, hereinafter called "First Party", whether one or more, and Kern River Canal and Irrigating Company, owned in full by the City of Bakersfield, hereinafter called "Second Party", WITNESSETH THAT: I WHEREAS, Second Party is the owner and operator of the Beardsley Canal Lateral, 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: ATTACHED AS EXHIBIT 'A' WHEREAS, 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 hereafter provided; and WHEREAS, 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 construct, irJ sta.ìl, mair tain, alter, repair, imprcvE'., 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: 20' wide strip that pipeline follows The South 20 feet of the South 148.73' of Parcell, in the Northwest Quarter of Section 14, Township 29 South, Range 27 East, M.DQB.M. in the unincorporated area of County of Kern,State of California and the South 20' of the South 132.06' of Parcel 2A, in the Northwest Quarter of Section 14, Township 29 South, Range 27 East, M.D.B.M. in the unincorporated area of County of Kern, State of California. Legal description of Parcels are described elsewhere in this document, attached as exhibit IAI. ,,~tó~ther with all right convenient and incidental thereto, including the right . df ingress to and egress from said strip of land over and across said real property of First Party, and First Party convenants 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 $2,000.00 from Stewart Title or other title in~urance 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 lièns 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 2- 48" inch inside diameter rubber gasket reinforced concrete (CLIII) irrigation pipeline. Said pipeline shall be of the quality and on the 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 w~th the flow or distribution of water through the present ditch 9S required by Second Party. 4. First Party shäll pay the entire cost of laying, construction and installing said pipeline or pipelines, inlets ,outlets ,and other structures required by Second Party, including the 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 Second Party or others in connection therewith. First Party shall provide to Second Party a performance bond equal in value to the engineers estimate of the total cost of the project, in the event that First Party shall not pay the entire costs thereof and complete said work as provided in this agreement. 5. First Party agrees to commence the contruction and installation of said pipeline or pipelines and structures within a reasonable time. 6. First Party agrees that, upon completion of construcion and installation of said pipeline or pipelines, inlets, outlets and other structures, the same shall become and remain the property of Second Party and First Party shall have I no right, title or interest therein, and Second Party shall be in the sole and absolute control of the manner, method and time of conduction and discharging I 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 diminished or restricted by the contruction of said pipeline by First Party. 7. First Party agrees to keep and maintain said pipeline or pipelines, ¡ and the inlets, outlets and other structures thereon, in good operating condition and repair for a period of one year after the completion of construction and acceptance thereof by Second Party, and to pay all costs of such repairs and maintenance and of any 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 0r replace promptly, upon demand, 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 required, to make any such repairs or replacements, and First Party does hereby agree to repay Second Party the cost of any such repairs or t. .., State of Cal ifornia } 55 On this the 8th day of November 19 82 . before me, ..~ County of Kern Don R. Parker the undersigned Notary Public, personally appeared Cec i 1 R. Ha 11, Vera F. Hall and Doug Alexander , ~ personally known to me " 0 proved to me on the basis of satisfactory evidence OFFICIAL SEAL to be the person(s) whose name(s) are subscribed to the I DON R. PARKER within instrument, and acknowledged'that they executed it. NOTARY PUGLIC . CALIFORNIA ?R:~JCJPAL OFFICE IN WIT~~ .. ~;G1N COUNTY \ fy'y Comn;::,icn Exp. Sept 30. 1;£5 1& Notary's Signature Don R. Parker GENERAL ACKNOWLEDGMENT FORM 7110052 NATIONAL NOTARY ASSOCIATION. 23012 Ventura Blv".. WOO<1lanà Hills. CA 9136~, --~.,- ,"..- ..~~-,,-, -".. .. " '...,---..- -- --""" _..~ .... . -- .... rßplacements made by Second Party, with interest at 12% per annum from the date . -=suc~cost is incurred to the date of repayment. . . 8. First 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 full 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 abandon that portion of its present open ditch and right of way therefor 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 expense, 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 quitclaim all prior easements of record. 12. This agreement shall apply to and be binding upon the heirs, executors, administrators, successors and assigns of the respective parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed in duplicate as of the day and year first above written. , 'í<. APPROVED AS TO FROM: ,I 1 ~ KERN RIVER CANAL AND IRRIGATING COMPANY I I City Attorney BY: Chairman, City of Bakerfield Water Board Second Party \ "-A '\ .. ',."":~'!<'I -. Exhibit lA' ,. ~ ; 'lk~EL . I ' BOO! 5453 PICE 868 :,. I . I THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 29 SOUTH, RA~GE . 1 27 EAST, MOUNT DIABLO MERIDIAN, IN THE UNINCORPORATED AREA OF THE COUNTY OF / KERN, STATE qF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIí;ED AS FOLLOWS: " - ',' .. : COlliŒNCING AT., ¡HE NORTHWEST CORNER OF SAID SECTION, THENCE (1) SOL;TH 89° 09.' i 47" EAST ALONG THE NORTHERLY LINE OF SAID SECTION 966.15 FEET TO-THE WEST LINE OF THE LAND DESCRIBED IN DEED TO STATE OF CALIFpRNIA, RECORDED FEBRUARY 16, 1962 IN BOOK~463 PAGE 814, OFFICIAL RECORDS, THENCE (2) SOUTH 0° 50' 13" WEST ALONG LAST SAID WEST LINE 85.87 FEET TO THE TRUE POINT OF BEGINNING OF THIS . PARCEL, THENCE (3) NORTH 86° 15' 47" EASTi A DIST~CE OF 98.68 FEET, THESCE (4) SOUTH 29° 13' 21" EAST, A DISTANCE OF 100.53 FEET TO THE"~OUTHLINE OF THE LAND DESCRIBED IN SAID DEED ABOVE REFERENCED, THENCE (5) ~ORTH 8go 09'-47" WEST ALONG-SAID SOUTH LINE 148.73 FEET TO SAID WEST11~~, THENCE (6) NORTH 0° .50' 13:1 EAST ALONG sAID WEST Lnæ. 79.13 FEET TO THE TRUE POINT OF BEGINNING. , . - . , . , " , ' . ' EXCEPT ALL OIL, GAS, ~UNERALS AND OTHER HYDROCARBONS AS RESERVED- .í.~ DEED FROM GRACIAN ANSOLABEHEREET IDe, RECORDED FEBRUARY 16, 1962 IN BOÕK 3463 PAG1=: 814, OFfiCIAL RECORDS~ '. '- ' - '. ' PARCEL 2 .' .. THAT PORTION OF: THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIPZ9 SOUTH, RANGE 27 EAST, MOUNT DIABLO MERIDIAN, IN THE UNINCORPORATED AREA OF T~Œ COUNTY OF KERN, STATE OF.CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: -' - ' , BEGINNING AT THE: SOUTHEAST CORNER OF THE LAND DESCRIBED J:\S PARCEL 2A IN THE FINAL ORDER OF CONDEMNATION, A CERTIFIED COpy OF WHICH WAS RECORDED JULY 3, 1963 IN BOOK 3622 PAGE 412, OFFICIAL RECORDS, THENCE (1) NORTH 89° 09' ~~ WEST ALONG SAID SOUTH LINE OF PARCEL 2A, A DISTANCE OF 132.27 FEET TO TIŒ SOUTHWESTERLY BOUNDARY OF SAID PARCEL 2A ABOVE REFERENCED, BEING TIŒ EAS7ERLY LINE OF U. S. HIGHWAY NO. 99, TIŒNCE (2) SOUTHERLY ALONG SAID HIGH~'AY AND ALONG A NON-TANGENT CURVE CONCAve NORTHEASTERLY I~VING A RADIUS Of 472.00 FEET TIfROUGH A CENTRAL ANGLE OF 6° 561 27", AN ARC DISTANCE OF 57.18 FEET TO THE POINT OF TANGENCY WITH A LINE BEARING NORTH 42° IS' 35" \ÆS-r, THENCE (3) SOUTH . 42° IS' 35" EAST ALONG SAID TANGENT LINE BEING THE NORTHEASTERLY LINE OF SAID HIGHwAY 312.05 FEET TO M~ INTERSECTION WITH THE WESTERLY LINE OF A SERVICE ROAD ADJACENT THERETO, THENCE (4) LEAVING SAID HIGHWAY NORTH 0° OS' 13" ~AST .' ALONG THE WESTERLY LINE OF SAID SERVICE ROAD 299.03 FEET, AND NORTH 29° 13' ":- I 2~" ~.:EST. ;.. DISTANCE OF 19.25 l"EET TO IHE SOUTH LINE OF:'HE NORTH lóS.Oi.. FEET \ OF fAID SECTION, MiD THE SOUTHEAST COkNER OF THE LAND DESCt<IBED Iì; DEED TO .. TITLE INSURANCE AND TRUST COMPANY, RECORDED MARCH 21, 1963 IN BOOK 3588 PAGE 654, OFFICIAL RECORDS, THENCE NORTH 81)° 09' 47" ""EST ALONG THE SOUTH Ln.!:: OF Tllli REFERENCED DEED 148.73 FEET TO THE POINT OF BEGINNING. EXCEPT ALL OIL, GAS, MINERALS AND OTHER HYDROCARBONS IN AND UNDER SAID LAND. 0 _. . , . 1'0"" ..6'"" .' MEMORANDUM NOVEMBER 24, 1982 ------ --- --------- ------ ------------------ TO ------ç;;t1'.x.._.9.f___J?AI5£:J~SFIELD \'!&Tfæ.__êQ~RD ---- ------------ FROM ___,zQlI_R__?..-__£!!bF I N, WATER MANAGER - - ----------- - SUBJECT __RETAJ;_NING WATER RIGHTS ATrr:.Q..IlN.._~¥ - ----------- - At present there are various ap9lications before the California State Water Resources Control Board to appropriate water from the Kern River which could have a serious detrimental effect on water rights holders on the Kern River. All Kern River interests have agreed to the necessity of hiring an attorney of the stature of Mr. Burham Enersen of the law firm of McCutcheon, Doyle, Brown and Enersen, who has a long history of dealing with Kern River Water Rights. The City's consulting water attorney Mr. Stan Hatch recommended that it is in the best interest of the City to participate in his hiring. On the hiring of Ham Enersen, suggested Board action should be: "The Water Board hereby authorizes the Manager to retain Burnham Enersen of the law firm of McCutcheon, Doyle, Brown and Enersen, Three Embarcadero Center, San Francisco, California, 94111,' to jointly represent the City and the other First and Second Point Interests, in cooperation with our Special Counsel, Hatch And Parent, in matters pending before the State Water Resources Control Board involving the City and others' river interests to various applications to appropriate water on the Kern River now pending before that Board." The estimated total cost to the River ' interests is $15 000 'I the City's share would be one-third (1/3) of this amou~t. ' ! lh I I" " It V FOR" P~-" fd,é-;'¡1,. . 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