HomeMy WebLinkAbout08/18/82
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AGE N D A
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WATER BOÀRD - CITY OF BÀKERSFIELD
WEDNESDAY, AUGUST 18,1982
12:00 P.M.
Call meeting to order
Roll Call - Board Members: Barton (Chairman), Payne, Ratty,
Kelrnar, Oberholzer
1. Approve minutes of special meeting of July 30,1982.
2. Scheduled Public Statements.
3. Correspondence.
4. Agreement with Western Host Bakersfield Partners for water
service from the City's Fairhaven.Water System to the Hilton
Inn. FOR BOARD ACTION.
.5. Proposed property exchange between Tenneco Realty Development
Corporation and City of Bakersfield. FOR BOARD DISCUSSION.
6. Staff Comments.
7. Board Comments.
8. Adjournment.
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SPECIAL MEETING
WATER BOARD - CITY OF BAKERSFIELD
FRIDAY, JULY 30, 1982
10:00 A.M.
The meeting was called to order by Chairman Barton in the j
Department of Wa'ter Conference Room.
The secretary called the roll as follows:
Present: Barton, Payne, Kelmar, Oberholzer
Absent:, Ratty
The minutes from the meeting of June 30, 1982, were approved
as presented.
Item number two (2) closed meeting for Board approval of
staff actions regarding potential litigation involving
First Point Group. At this time Mr. Oberholzer made a
motion that the Board go into Executive Session for the
purposes as described in the agenda. The motion was passed,
and at 10:04 A.M. the meeting went into'Executive Session.
At 10:40 A.M. the special meeting was reconveyned. Chairman
Barton stated that the following motion had been made and
~; unanimously passed by the Water Board. The Water Board ¡
~. authorizes its legal and engineering consult~nts, its manager ¡
~, and its-chairman to meet with all interested parties, on I,
behalf of the City, as soon as possible, in furtherance of ,
the objective of avoiding litigation involving City owned i
water rights with respect to First Point interests.
There being no further business to come before the board, ¡'
Chairman Barton adjourned the meeting at 10:45 A.M. ,
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James J. Barton, Chai~n I
City of Bakersfield Water Board
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Linda Hostmyer, Secretary ¡
City of Bakersfield Water Board ,
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> , WATER BOARD - CITY OF BAKERSFIELD
l' ITEMS FOR AGENDA
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Agenda Section NEW BUS INESS
Requesting Department PUBLIC WORKS
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Date for Water Board Action August ~ 1982
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1. Description of Item: Agreement with Western Host Bakersfield Partners
for water service from the City's Fairhaven Water System to the
Hilton Inn.
2. Comments: The Hilton Inn is constructing additional room accommodations and
is being required to update their fire flows from 1,000 to 3,000 gallons
per minute (gpm). They have requested service from the City's Fairhaven
Water System to provide the extra fire flow capacity. In lieu of
Availability Fees, the Hilton Inn is willing to exchange their 1,000
gpm well and 40,000 gallon water storage system. Stetson Engineers
has reviewed the well facilities and recommends their acquisition to
backup and supplement the existing Fairhaven well and storage facility.
This agreement provides the Hilton Inn with water for domestic and fire
protection purposes,- in exchange for title to the water well & related
facilities at the southwest corner of their property. The City is'
responsible for connecting the well to the Fairhaven System while
maintaining service to the Hilton Inn. The Hilton Inn is responsible
for installing all new services and mains as required for their new
expansion project. The Fairhaven Budget contains $18,700 for connection
of the well facilities to the Fairhaven System.
3. Suggested Action: Board to recommend approval by City Council. I
4. Attachments: Agreements. I
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NOTE: Items for Water Board Agenda are to be submitted prior to 10 a.m. Friday
for the Wednesday meeting of the following week.
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AGREEMENT NO.
THIS AGREEMENT, made and entered into this day
of , 1982, by and between the CITY OF BAKERSFIELD,
a municipal corporation, hereinafter referred to as the "City,"
and WESTERN HOST BAKERSFIELD PARTNERS, a limited partnership,
hereinafter referred to as "Partners."
In consideration of the covenants, conditions and terms
hereinbelow set forth, the City and Partners do hereby mutually
agree as follows:
1. Partners, as owners of all personal property,
fixtures [including, but not limited to, pump, well, fencing,
40,000 gallon storage tank, booster system (including 4,000
gallon pressure tank), water lines and electrical control systems
for pumps] located upon and water rights appurtenant to certain
real property in the City of Bakersfield, Kern County, California,
parti6ularly described in Exhibit "A" attached hereto, hereby
conveys said property to the City of Bakersfield for a sum of One
Dollar ($1.00), receipt of which is hereby acknowledged.
2. The well site containing approximately 0.061 acre ¡
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sum of One Dollar ($1.00) for the life of the existing well, or I
until such time as the City chooses to terminate such lease and I
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gives written notice to Partners of such termination. The City II
shall, at the end of the useful life of said well, or when the I
City terminates such lease, remove all ~ts personal property
therefrom, shall seal the well in accordance with standard Health
Department' procedures, and shall return control of the site to
Partners.
. 3. While this Agreement is in force and effect, the
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City shall be responsible for maintaining the well site and the I
fences surrounding said site (excluding the immediately adjacent
landscaping, which shall remain the responsibility of Partners) ..
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and is hereby granted the right to enter upon and across the
property of Partners when necessary or appropriate for the purposes
of this Agreement.
4. Within ninety (90) days of the date of this Agreement,
the City shall connect the well facilities to the Fairhaven
system and disconnect the Partners' property, commonly known as
the Bakersfield Hilton Inn, from the same well facilities and
" shall bear the cost thereof. Simultaneously, the Partners shall
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connect their property, commonly known as the Bakersfield Hilton
Inn, to the City's water system for the Fairhaven Service Area,
shall bear the cost of such connection, and such connection
("mainline facilities") shall be in accordance with plans to be
developed therefor by the City in consultation with Partners.
Partners shall, from and after connection, pay such customer fees
and charges for water service as are established by toe City and
as may be modified from time to time. Arrangements shall be made
forthwith to transfer utilities for the well site to the City's
account. During the period during which the Partners' property
is being connected to the City water system, the parties hereto
will take all'reasonable action so that water service to the
hotel will continue uninterrupted. No charge for water service
will be made to the Partners until the connection has been completed.
5. Inclusion in System. Upon and subject to the terms
and conditions hereinafter set forth, City agrees to include
Hilton Inn, and land within Lot Line Adjustment No. 99, within
the service area of the Fairhaven Division of the City of Bakersfield
Municipal Water System, and to provide domestic water and water
for fire protection service under the prevailing water rate which
may be changed from time to time as the City sees fit. Partners
agree to install all necessary water facilities, both the distribution
system and the water supply system, in accordance with the provisions
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of Paragraph 7 hereof. I
6. Engineering and Inspection Fee. City's cost relatiye I
to engineering and inspection of installation of the mainline:. I
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facilities is estimated to be ONE THOUSAND FIVE HUNDRED DOLLARS I
($1,500.00). Upon c=p1etion of installation of the facilities,
City will connect, or cause to be connected, the same to its \
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existing mains and submit a statement of the actual cost thereof
to Partners, and Partners shall promptly reimburse City. the
amount of such cost.
7. Installation of Facilities.
(a) Partners agree to install the mainline
facilities, or cause the same to be installed, at their own
expense on or before December 31,1983. The facilities shall be
installed strictly in accordance with the specifications attached
hereto, marked Exhibit "B" and by this reference made a part
hereof, and the installation thereof shall be subject to the
approval of City in all respects. The facilities shall be installed
by Partners or by a contractor, hereinafter referred to as "said
contractor," selected by Partners.
(b) Title to the facilities shall vest in City in
accordance with the provisions of Paragraph 8 hereof.
(c) Partners agree to reimburse City upon demand
for the cost to City of all replacements and repairs to the
facilities made necessary within one (1) year from completion of
installation thereof by reason of defective materials or workmanship.
City's acceptance of the facilities, as provided in Paragraph 8
hereof, shall under no circumstances be deemed to constitute
approval of such materials and workmanship for purposes of the
receding sentence.
(d) Partners agree to provide utility easements
for all water mains and other facilities required pursuant to the
terms of this Agreement. These easements shall be granted to the
City for the operation, maintenance and replacement of the water
facilities.
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8. Title to Facilities. Title to each part or portion .'
of the facilites shall pass to City forthwith as each such part
or portion thereof shall be installed, regardless of whether the I
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same shall be installed by Partners or a contractor, and regardless
of whether the same shall be attached to the balance of City's - !
system ¡ provided, however, such passage ..of title shall under no" I
circumstances be deemed to constitute acceptance by City of the ¡
facilities as being installed in accordance with said specifi- 1
cations, Exhibit "B" hereto. Such acceptance may only be effected
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by appropriate written notice from City to Partners. Partners
warrant that upon such passage of title, the title shall be free
and clear of and from any and all liens, charges and encumbrances
whatsoever.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first-above written.
CITY OF BAKERSFIELD -
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By
Mayor
APPROVED AS TO FORM:
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City Attorney
COUNTERSIGNED: I
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Assistant City Manager-Finance
WESTERN HOSTS BAKERSFIELD
PARTNERS
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5/7/82 4.
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WATER BOARD AGENDA ITEM #5
,
AUGUST 18,1982
Details of Proposed Property Exchange:
Description of City Description of Tenneco
property that would be property that would be
conveyed to Tenneco: conveyed to City:
7563 square feet (1/6 acre) 31.60 acres located in
located at the east levee of the primary and secondary
the Kern River Channel and flood plane of the Kern River
24th. Street Channel between Chester Ave.
and Manor Street.
Appraised Value: No Appraisal made to date.
$15,000 ($2.00 per square foot)
per December 23,1980 appraisal
(attached).
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. ... BRUCE. BEAUDOIN & ASSOCIATES, INC.
1400 Easton Drive, Suite 129
Bakersfield, CA 93309
(805) 327-9609
Brllct' :\. Bedlldoin Real E:.tate Apprüis,;rs
MAl, SRPA, AHA and Consultants
December 23. 1980
City of Bakersfield Re: File #798
Public Works-Engineering Division Appraisal: Northwest
1501 Truxtun Avenue Corner 24th. & Oak Streets
Bakersfièld. California 93301 Bakersfield. CA
Attention: Mr. Ed Schulz.
Assistant Director
Gentlemen:
In response to Mr. Schulz' request. I inspected the site referred
to above in 6rder to determine its market value, as of Dece~ber 5,
1980.
Market value as herein used 1s defined as the estimated price
in terms of money. which a property should bring in a competitive
and open market under all conditions requisite to a fair sale. with
the buyer and seller each acting prudently and knowledgeably and
I presuming the price is not affected by undue influence.
As a result of my investigation, it is my opinion the market
value of the property, as of December 5, 1980, is the sum of
FIFTEEN THOUSAND DOLLARS ($15,000).
ASSUMPTIONS AND LIMITING CONDITIONS
This appraisal, which is confined to setting forth analyses.
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opiflions and conclusions of the property described h~rein, is sub-
ject to the following contingent and limiting conditions:
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Pub1icWorks Dept. -2- December 22, 1980
Bakersfield. CA
1. That the date of value to which the conclusions and opinions
expressed in this report apply, is set forth in the letter of
transmittal. Further, that the ~ollar amount of any value
opinion herein rendere~ is based upon the purchasing power of
the American dollar existing on that date.
2. That the appraiser assumes no responsibility for economic or
physical factors which may affect the opinions herein stated
occurring at some date after the date of the letter transmit-
ting this report.
3. That the appraiser reserves the right to make such adjustments
to the valuation herein reported, as mày be required by consid-
eration of additional data or more reliable data that may be-
come avail'able.
4. That no opinion as to title is rendered. Title is assumed to be
marketable and free and clear of all liens and encumbrances,
easements ànd restrictions, except those specifically discussed
in the report. The property is appraised assuming it to be
under responsible ownership and competent management, and avail-
able for its highest and best use.
5. That no engineering survey has been made by the appraiser. Ex-
cept as specifically stated, data relative to size and area was
taken from sources considered reliable and "0 encroachment of
real property improvements is considered to exist.
6. That maps, plats and exhibits included herein are for illustra-
tion only,as an aid in visualizing matters discussed within
the report., They should not be considered as surveys or relied
upon for any other purpose, nor should they be removed from,
reproduced, or used apart from this report.
7. That no opinion is :expressed as to the value of subsurface oil,
gas or mineral rights or whether the property is subject to sur-
face entry for the exploration or removal of such materials,
except as is expressly stated. '
8. That no opinion is intended to be expressed for matters which'
require legal expertise or specialized investigation or know-
ledge beyond that customarily employed by real estate appraisers.
9. That, because no title report was made available .to the ap-
praiser, he assumes no responsibility for such items of record
not disclosed by his customary investigation.
10. That testimony or attendance in court or at any othe~ hearing
is not required by reason of rendering this appraisal, unless
such arrangements are made a reasonable time in advance.
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Public Works Dept. -3- December 22, 1980
Bakersfield, CA
IDENTIFICAT-ION OF PROPERTY
The property which is the subject of this appraisal is legally
identified as follows:
Beginning at the Southwesterly corner of Parcell of ~arcel Map
'No. 3493, recorded in Parcel Map Book 16 at Page 146 1n the
Kern County Recorder's Office; thence along the N6rthwesterly
line of said Parcell, North 32012'13" East, a distance of 211.81
feet to the Northwesterly corner of said Parcell; thence con-
tinuing along- said Northwesterly line North 32012'13" East, a
distance of 71.39 feet; thence South 45055'00" West, a distance
of 120.00 feet; thence South 40050'00" West, a distance of 97.00
feet; thence South 32015'00" West, a dist~nce of 44.50 feet;
thence South 26026'47" East, adistanc~ of 50.40 feet to the
true point of beginning. Containing 7,563 square feet.
AREA ANALYSIS
Location - The parcel under analysis is located within an incorpor-
ated area of central Bakersfield, 1.0 mile west of the central down-
town shopping district. 2-4 t h S t r e e tis a p rim a r y art e ria 1 through
the area. Freeway 99 is situated .25 mile to the west, with Free-
way 178, 1.25 miles to the east. According to the City of Bakersfield
Public Works Department, 1978 average daily tiaffic volume tota1~d
29,000 vehicles at the subject intersection, on a two-way basis.
Surrounding Use. Levees for Kern River abut the northerly property
line, with Beech Park located directly across the street. A Mohawk
Service Station is located to the east of the northwest corner of
the intersection, with a Shell Service Station located on the oppo-
site corner. Warehouse and offices for Bearing Specià1ty Company
are located to the northeast. Other than .the service station men-
tioned, commercial hig~way uses are centered one block to the west
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Public Works Dept. -4- December 22, 1980
Bakersfield~ CA
at Pierce Road and i~tlude a Denny's Restaurant, newly constructed
Burger King and Ramada Inn Restaurant.
Trend - The trend within the area is classed as upward, as a result
of heavy traffic volume, coupled with limited land availability for
future expansion. No change is anticipated in this trend in the
foreseeable future.
SITE ANALYSIS
Access-Public Improvements - The subject site appears to be land-
locked, with no direct access to 24th Street, nor easements to Oak
Street.
Easements-Surface Restrictions' - Although a preliminary title report
was not furnished the appraiser, visual inspection of the site de-
notes a sewer manhole close to its center. No other easements are
evident, with PG&E towers and related high voltage wires located to
the east.
Size, Shape and Topography - Triangular in shape, the subject site
contains 6,890~ square-feet. Topography is classed as generally
level below grade, with full utilities located thereon.
Utilities - Full utilities, to include gas, electricity, sewer and
water, are available to the site.
Zoning - According to the City of Bakersfield Planning Department,
the subject site is zoned C-2, commercial zone.
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Public Works Dept. -5- December 22, 1980
Bakersfield, CA
1. Street scen~ facing west toward north line of
24th Street.
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2. Street scene facing east toward north line of
24th Street.
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Public Works Dept. -6- December 22, 1980
Bakersfield, CA
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3. Looking north toward subject site, from center
of 24th Street.
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4. Facing south toward subject site, from river
levee.
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Public Works Dept. -7- December 22, 1980
Bakersfield, CA
HIGHEST AND BEST USE
Highest and best use as taken from the American Institute of
Real Estate Appraiser's publication, II,Appraisal Termfnology and Hand-
book" is lithe use of land which may reasonably be expected to produce
the greatest net return to land over a given period of time" or
"that legal use which will yield to land the highest present value."
Due to the parcel size, shape and access, the subject parcel
would require consolidation with the adjoining service station on
Bearing Specialty Company facility, for optimum utilization. Due
to the sewer line easement located close to the center of the parcel,
it appears likely that southerly portion would be utilized for park-
ing, only.
METHOD OF VALUATION
In this study, the Cost, Income and Market Data Approaches to
value have been considered. As, the site under analysis is vacant,
the only applicable method of valuation is the Market Data Approach. 1
This approach relies upon the sale~ of sites with similar character-
istics to that under analysis. These sales are investigated to de-
termine prices paid, as well as physical characteristics of the sold
property. Comparisons are then made between the subject site and
those that have sold, to arrive at a comparative unit of value.
Pertinent record information is summari~ed a~ follows, for compara- .
tivesales.
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Pu b 1 i c -Wo r k s De pt.' ;..8- December 22, 1980
Bakersfield, CA
Summary of Record Data
Date
Sale Recorded Book/Page Grantor' Grantee
1 3-02-77 5011/973 Marcella Deeter James D. Bratcher
2 3-17-78 5096/1913 Marcella Deeter James Gibbons
3 7-03-78 5122/827 State of Calif. Independent Dev.Co.
4 7-17-79 5213/2165 Kelton Title Corp. Jerry Van Curen et a1
5 8-31-79 5225/1429 John l. Sowers Hampton lee
6 .3 -06 -80 5274/1033 Alfred lustbader Pierce Rosedale No. 1
Sales prices, parcel sizes and sales price per square foot
for the above transactions are summarized as follows:
Summary of Market Data
Sales
Sq.Ft. Price/
Sale Deed.Date Sales Price Size Sq. Ft.
1 1-24-77 $27,000 19,882 $1 .35
2. 1-27-77 20,500 15,080 1. 36
3 4-21-78 305,000 100,423 3.04
4 7-06-79 100,000 103,672 .96
5 8-27-79 .290,000 127,416 2.28
6 3-06-80 100,000 211,184 4.72
Sales shown indicate a wide range in prices paid from $.96 to
$4.72 per square foot, depending on such factors as date of sale, ,
location of property, parcel size and physical restrictions.
Sale #1 included an irregular shaped parcel located directly
north of the Shell Service Station, with street improvements and
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Public Works Dept. -9- December 22, 1980
Bakersfield, CA
utility availability.
Sale #2 included a similar site, now developed to office wa~e-
house complex.
Sale #3 represents the purchase of an irregular shaped parcel
located at the northwest corner of 24th Street and Pierce Road, and
now developed to a Denny's and Burger King Restaurant. At the time
of purchase, roadway improvements included only asphalt curbing,
and sewer mains required extension from Rosedale Highway.
Sale #4 included an irregular shaped parcel located at the
northeast corner of 24th Street and Pierce Road, with restricted
access, from Pierce Road, only. Topography required leveling, with
grad~ located below 24th Street. This parcel is reported- to have
sewer easement restrictions, which restrict potential development.
Sale #5 included an irregular shaped parcel fronting 210.98
feet along the north line of Rosedale Hi~hway, 155.48 feet east ~f
Fairhaven Drive. Roadway frontage 1s improved with concrete curb
and gutter. The site does not have sewer availability, and is zoned
H-1, light manufacturing zone. .
Sale #6 represents the resale of a portion of the site included
in Sale #3 and indicates an upward adjustment for time. Topography
is classed as level at grade, with asphalt curbing.
Sales shown included larger parcels than the subject, with all .
but Sale #5 zoned C-2, P-D, commercial, ,precise development zone.
The parcel included in Sale #4 ;s now on,the market, with asking
price set at $390,000, or $3.?6 per square foot. This parcel is
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Public Works Dept. -10- December 22, 1980
Bakersfield, CA
c1,assed as inferior to the subject as to size and surface restric-
tions. The sites included in',Sa1es #1 and #2 would require consid-
'erab1e adjustment for ,time, somewhat offset by more favorable access
and shape. Sale #5 included a larger parcel with superior access
and inferior utility availability. Sa'le #6 included a parcel classed
as superior as to all factors discussed.
In consideration of sales discussed, a unit value of $2.00 per
square foot is considered applicable in valuation of the subject
site as follows:
7,563 sq.ft. @ $2.00/sq.ft. = $ 1'5 , 1 2 6
Round to $15,000
CERTIFICATION
I hereby certify that I have no interest, present or prospect-
ive in the property described in this report, and that neither the
employment to make the appraisal estimate nor the compensation is
contingent on the value of the property. This appraisal report has
been made in accordance with requirements for ~he Society of Real
Estate Appraisers and the American Institute of Real Estate Appra1s-
ers. I further certify that I have inspected the property described
and that, according to my knowledge and beliefs, all statements and
information in this report are true and correct.
Very truly yours, .
.
BAB:mt
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\" !4~adenda, Inc.
9200 Lake Mmg Rood
Star Route 4, Box 801 ' AUG GØ2
Rio Bravo Annex
Eakersf1eld CA 93306 .11'1 Vt ~ tl...
Telephone 805/36&5581 JEPARJiWNT OF WAT1.
August 5, 1982 I
John E. Chafin
Manager A
City of Bakersfield Water Department ~~,
1501 Truxtun Avenue
Bakersfield, CA 93301 . ~Þo>¡
Stuart T. Pyle f~.
Engineer-Manager ,~~
Kern County Water Agency ð1ì
P. D. Box 58
Bakersfield, CA 93382 Ö-it)
Melvin L. McColloch
President
Dlcese Water District
Star Route 4, Box 801
Bakersfield, CA 93306
Gentlemen:
Recently I had the opportunity to briefly summarize for the Improvement
District No. 4 Advisory Committee the tentative plans of Dlcese Water District
to distribute water to the western-most boundary of the District. The purpose
of the presentation was to point out that it may be beneficial to connect Dl-
cese Water District's western mainline with Improvement District No. 4's eastern
pipeline and storage facilities.
, .
The potential benefits of such an intertie are numerous. The project would
increase the water supply flexibility 'of both Dlcese Water ,District and Improve-
ment District No. 4, while possibly providing needed conveyance facilities to
both service areas at the least cost. At this point, the proposal is merely a
concept and is not supported by engineering and economic studies. It was sug-
gested at the Advisory Committee meeting that Improvement District No.4 and
Dlcese Water District may wish to undertake a joint study to determine the feasi-
bility of the connection of their respective distribution systems. To date no
formal action to this end has been taken by either Dlcese Water District or
Improvement District No. 4.
The example of a possible joint effort between Dlcese Water District and
Improvement Distrièt No. 4 suggests a need to develop a Master Plan for the
metropolitan area that will evaluate the future water requirements of the area
and determine the most efficient and cost effective methods of distributing
I
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.7..": ',' '~
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Page Two
John E. Chafin
Stuart T. Pyle
Melvin L. McColloch
August 5, 1982
water. We believe that development of a Master Plan could result in millions
of dolla~s in savings to residents of the metropolitan area through reduced
energy and conveyance cåsts.
If you feel the idea of a metropolitan-wide study has merit, we recommend
that your Boards authorize your respective engineers to meet and determine the
scope of the study and provide us an estimate of the cost. Upon completion of
of the scope of the proposed study, and èost estimate, each of our Boards can
determine if they with to proceed. I plan to attend your Board and committee
meetings sþould you have any questions. In the meantime, please do not hesitate
to call.
Sincerely,
~~CØJ=
Thomas N. Clark
TNC/j
cc: Robert Lewis, Mgr~
,California Water Service Company
P. o. Box 2388
Bakersfield, CA 93303
Roland Stephens, Mgr.
East Niles CommUnity Services District
1417 Vale
Bakersfield, CA 93306
Ralph L. Gifford, Mgr.
North of the River Municipal Water District
P. O. Box 5502
Bakersfield, CA 93388
File: 1200-B
'<.., ~
;-.
. """
BEFORE THE
FEDERAL ENERGY REGULATORY COMMISSION
APPLICATION FOR EXEMPTION FOR SHALL.
CONDUIT HYDROELECTRIC FACILITY
City of Bakersfield and Kern Delta Water District applies
to the Federal Energy Regulatory Commission for an exemption
for the Carrier Canal Powerplant, a small conduit hydroelectric
facility that meets the requirements of 4.91 (f) of this sub-
part from certain provisions of Part I of the Federal Power Act.
The location of the facility is:
State: California
County: Kern
Nearby town: Bakersfield
The exact name and business address of each applicant are:
City of Bakersfield
1501 Truxtun Avenue
Bakersfield, Ca. 93301
The exact name and business address of each person author-
ized to act as agent for the applicant in this application are:
Mr. Philip Kelmar, City Manager
City of Bakersfield
1501 Truxtun Avenue
Bakersfield, Ca. 93301
The City of Bakersfield is a municipality within the mean-
ing of Section 3(7) of the Federal Power Act, organized under
the laws of the State of California.
The provisions of Part I of the Federal Power Act for which
exemption is requested are: .,
All provisions of Part I, including licensing.
.,.,
¡"}. .
IN WITNESS WHÈREOF, the applicant has caused its name
J to be hereunto signed by Philip Kelmar, its City Hanager,
and its seal to be affixed, as thereunto authorized this 18th
. day of August , 1982.
ß!~ ':?¿,~
Philip Kelma
City Hanager
City of Bakersfield
Kern County, California
I
,
I
.
.'"
". ..
.' ,
VERIFICATION
JState of California)
)
) ss
)
COUNTY OF KERN )
)
Philip Kelmar, being first duly sworn, deposes and says:
That he is City Manager of the City of Bakersfield, Kern
County, California, the Applicant for an Exemption for Small
.
Conduit Hydroelectric Facility; that he has read the foregoing
Application and knows the contents thereof; and that the same
are true to the best of his knowledge and belief.
¿J~~-A.'Þ
¡:-Æ' /¡~(/~~.
Philip Ke rpar
City Manager
City of Bakersfield
Kern County, California
Subscribed and sworn to before me this 18th day of
August, 1982.
~¿2~
~o ,ary. u ~c .
My Commission expires: June 24, 1986
,
I
I
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.' ~
BEFORE THE
FEDERAL ENERGY REGULATORY COMMISSION
.
APPLICATION FOR-EXEMPTION FOR SMALL
CONDUIT HYDROELECTRIC FACILITY
EXHIBIT A
DESCRIPTION OF PROJECT
CARRIER CANAL POWERPLANT
The Carrier Canal Powerplant Project is presently under
Preliminary Permit No. 3685-000 of the Federal Energy Regulatory
Commission, which is due-to expire on September 11, 1982. The
project is located ~n the Kern River, approximately five miles
northeasterly of the Bakersfield Civic Center, Kern County, Cal-
ifornia, as shown on Exhibit B-1 and B-2. As indicated in the
preliminary permit application, the existing timber diversion
structures have deteriorated to the point that replacement is re-
quired. The Applicants determined that there was insufficient
time to incorporate the proposed powerplant in the initial structure
replacement contract and authorized reconstruction of the structures
to begin during the fall of 1982. The structures have been designed
and have been advertised for construction, with bid opening scheduled
for August 17, 1982. Construction of the Rocky Point Diversion Struc-
ture is scheduled for completion in March 1983.
Design of the new structure will allow apowerplant to be con-
structed adjacent to the new structure at a later date. As shown
on the attached Exhibit G-l the new diversion weir will be a
,
.
combination weir and radial gated structure, 106 feet in length.
----
., "
.' "
The reinforced concrete structure will be 13 feet in height from
. .the upstream sill and 18 feet in height from the downstream sill.
As shown on Exhibit G-2, the proposed Carrier Canal Power-
plant will be constructed at the easterly end of the new diversion
weir and will consist of two tube~type turbine generators with
adjustable bladed turbines, upstream butterfly valves for flow
control, asynchronous generators, and all electrical and hydrau-
lie controls required to fully automate the plant operation.
Design flow of the turbine-generators would be 525 cfs at a
design head of 10 feet. At design conditions total plant output
would be 700 KW. Each turbine would operate at a minimum flow
rate of 175 cfs, allowing the plant to operate through a flow
range of 175 cfs to 1050 cfs.
The Rocky Point Diversion Weir and Carrier C~nal Headworks
are used for regulation of Kern River flows into the Carrier Canal,
with a diversion capacity of 1100 cfs. River flows, under normal
controlled conditions, are diverted into the Beardsley Canal, which
is located approximately 1.3 miles upstream from the Carrier Canal
and into the Carrier Canal, for delivery to irrigation water users
in Kern County. Only during periods of flood and during above
average water years does any river flows remain in the river chan-
nel below the Carrier Canal Diversion Facilities. All flows in
the river are regulated either by irrigation demand requirements
or by flood control releases from Isabella Reservoir, located app-
and no reregulation of flows will be .,
roximately 35 miles upstream,
,¡:, - ¡,
e
made at the Carrier Canal Diversion Structure. The drainage area
, .of the Kern River at the project site ,is 2410 square miles. Oper-
ation of Isabella Reservoir by the Corp of Engineers, regulates
peak flood flows to a 100 year design flow of 15,000 cfs.
Physical description of the proposed Carrier Canal Powerplant
is as follows:
Item Carrier Canal
- Powerplant
Water Source Kern River
Water Use Irrigation
Number of Units Two
Type of Unit Tube Turbine
Rated Flow 525 cis
Rated Head 10 feet
Plant Capacity 700 KW
Mode of Operation Automatic
Peaking Capability None
Annual Water Flow 545,000 AF
Annual Power Flow 345,000 AF
Annual Energy Production 2,945,000 KWH
Power transmission facilities required to be constructed in-
elude a trans-former station near the. powerplant site and approx-
imately one-half mile of power transmission line to connect to the
existing utility transmission system.
The proposed powerplant will utilize normal District irri- .
gation flows to generate power, with no reregulation of flows and
--
"., . ...:.- - .- -"
,. -~ .-,
will nòt modify or interfere with normal irrigation water de-
0 liveries.
.
The project area is located entirely on privately owned
property and no federal lands, public lands or reservations or
wilderness areas are located 'within or near the project boundaries.
The Carrier Canal Powerplant meets the requirements forexem-
ption for a "small conduit hydroelectric facility" because:
(1) The Carrier Canal Powerplant utilizes the available head
in an existing irrigation diversion control structure for power
generationj
(2) is located entirely on non-Federal Landsj
(3) has an installed generating capacity of less than 15
megawatts;
(4) is not an integral part of a damj
(5) discharges the water used for power generation into an
existing canal and
(6) does not rely upon construction or modifications of a
dam to create any of the hydrostatic head that the facility uses
for power generation.
Final design of the proposed powerplant will be scheduled
as soon as practicable after notice that this exemption application
has been approved. Construction of the powerplant facilities will
begin within three years after notice that this exemption appli-
cation has been approved and will be completed within five years.
,
----- -- ---
<", ";;
~
BEFORE THE
FEDERAL ENERGY REGULATORY COMMISSION
,\ APPLICATION FOR EXE}WTION FOR SMALL
,
CONDUIT HYDROELECTRIC FACILITY
City of Bakersfield and North Kern Water Storage District
applies to the Federal Energy Regulatory Commission for an ex-
emption for the Beardsley Powerplant, a small conduit hydro-
electric facility that meets the requirements of 4.91 (f) of
this subpart from certain provisions of Part I of the Federal
Power Act.
The location of the facility is:
State: California
County: Kern
Nearby town: Bakersfield
The exact name and business address of each applicant are:
City of Bakersfield
1501 Truxtun Avenue
Bakersfield, Ca. 93301
The exact name and business address of each person author-
ized to act as agent for the applicant in this application are:
Mr. Philip Kelmar, City Manager
City of Bakersfield
1501 Truxtun Avenue
Bakersfield, Ca. 93301
The City of Bakersfield is a municipality within the mean-
ing of Section 3(7) of the Federal Power Act, organized under
the laws of the State of California.
The provisions of Part I of the Federal Power Act for which ,
exemption is requested are:
All provisions of Part I, including licensing.
---------- ---
. . , .
". . ..
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In WITNESS WHEREOF, the applicant has caused its name
., to be hereunto signed by Philip Kelmar, its City Manager,
and its seal to be affixed, as thereunto authorized this 18th
day of August , 1982.
Ili,./ .
vC'
Philip Ke ar
City Manager
City of Bakersfield
Kern County, California
!
'.
I
----------~--- -
4-
¡-
I . ,
VERIFICATION
~ State of California)
, )
) ss
)
COUNTY OF KERN)
)
Philip Kelmar, being first duly sworn, deposes and says:
That he is City Hanager of the City of Bakersfield, Kern
County, California, the Applicant for an Exemption for Small
Conduit Hydroelectric Facility; that he has read the foregoing
Application and knows the contents thereof; and that the same
are true to the best of his knowledge and belief.
fj¿;' Þ . {:i
'-Z-) - /~ '11 L--tL--- -
Phi ip Ke~r _/ .
City Manager
City.of Bakersfield
Kern County, California
Subscribed and sworn to before me this 18th day of
, 1982.
~~ri1~
I
My Commission expires: June 24, 1986 I
,
---~ -------------- --------------
.{} ;
--
I BEFORE THE
-FEDERAL ENERGY REGULATORY CO}~ISSION
.t APPLICATION FOR EXEI1PTION FOR SMALL
,
CONDUIT HYDROELECTRIC FACILITY
EXHIBIT A
DESCRIPTION OF PROJECT
BEARDSLEY POWERPLANTS
The Beardsley Powerplants Project is presently under
Preliminary Permit No. 3686-000 of the Federal Energy Regu-
latory Commission, which is due to expire on September 24, 1982.
The project is located on the Kern River, approximately five miles
northeasterly of the Bakersfield Civic Center, Kern County, Calif-
ornia, as shown on Exhibit B-1 and B-2. As indicated in the pre-
liminary permit application, the existing timber diversion struc-
tures have deteriorated to the point that replacement is required.
The Applicants determined that there was insufficient time to in-
corporate the proposed powerplants in the initial structure re-
placement contract and authorized reconstruction of the structures
to begin during the fall of 1982. The structures have been designed
and have been advertised for construction, with bid opening sched-
uled for August 17, 1982. Construction of the Beardsley 9iversion
S~ructure is scheduled for completion in January 1983.
Design of the new structures will allow a powerplant to be
constructed adjacent to the new structure at a later date. As
shown on the attached Exhibit G, the new diversion weir will be
.
a combination weir and radial gated structure, 106 feet in length.
The reinforced concrete structure will be 13 feet in height from
."' i;
'" , ,. ".-"
,-', O" '" " -,,'
the upstream sill and 18 feet in height from the downstream sill.
,-- As shown on Exhibit G, the proposed Beardsley Diversion Power-
"<
plant will be constructed at the southerly end of the new diversion
weir and will consist of two tube-type turbine generators with ad-
justable bladed tu~bines, upstream butterfly valves for flow con-
trol, asynchronous generators, and all electrical and hydraulic
controls required to fully automate the plant operation.
Design flow of the turbine-generators would be 525 cfs at a
design head of 12 feet. At design conditions total plant output
would be 920 KW. Each turbine would operate at a minimum flow
rate of 175 cfs, allowing the plant to operate through a flow
range of 175 cfs to 1050 cfs.
The Beardsley Canal Headworks Powerplant would be incorpor-
ated into the new canal inlet structure and would utilize tlle
available head, presently dissipated in a gated structure down-
stream from the inlet structure, to generate energy from the di-
verted irrigation flows.
.
Turbine-generators at the Beardsley Canal Headworks Power-
plant would be similar to the Diversion Structure Powerplant and
would consist of two units with 'a total design flow of 550 cfs,
operating under a design head of 6 feet, with a combined installed
capacity of 240 KW.
The Beardsley Canal Headworks and Diversion Structure are
used for regulation of Kern River flows into the Beardsley Canal,
.
with a diversion capacity of 800 cfs. River flows, which pre-
sently pass through the Beardsley Diversion Structure and which
. ."""
, ,'" . ~" "¡;
.. ': ~ :..: ': ';. ~:' ,':':':;" "
will be utilized for power generation, are conveyed downstream
. approximately 1.3 miles, at which point the remaining river flows
.
,",
are diverted into the Carrier Canal, which is an irrigation canal
owned and operated by the City of Bakersfield. Only during per-
iods of flood and during above average water years does any
river flows remain in the river channel below the Carrier Canal
Diversion Facilities. All flows in the river are regulated either
by irrigation demand requirements or by flood control releases
from Isabella Reservoir, located approximately 35 miles upstream,
and no reregulation of flows will be made at the Beardsley Diver-
sion Structure. T~e drainage area of the Kern River at the pro-
iect site is 2410 square miles. Operation of Isabella Reservoir
by the Corp of Engineers, regulates peak flood flows to a 100 year
design flow of 15,000 cfs.
Physical description of the proposed Beardsley Diversion
Powerplant and the Beardsley Canal Headworks Powerplant is as
follows:
Item Beardsley Diversion Beardsley Canal
---- Powerplant Headworks Powerplant
Water Source Kern River Kern River
Water Use Irrigation Irrigation
Number of Units Two Two
Type of Unit Tube Turbine Tube Turbine
Rated Flow 525 cfs 275 cfs
Rated Head 12 feet 6 feet
Plant Capacity 920 KW 240 KW
~
, ',"
"' " -",
".. '" '. '"t, ." .
",' " .. -:',.\ . . I
¡tern Beardsley Diversion Beardsley Canal
---- Powerplant Headworks Powerplant
~ .. Mode of Operation Automa tic Automa tic
Peaking Capability None None
Annual Water Flow 714,000 AF 169,000 AF
Annual Power Flow 345,000 AF 169,000 AF
Annual Energy Production 3,506,000 KWH 847,000 KWH
Power transmission facilities required to be constructed in-
clude a transformer station near the powerplant site and approx-
, ,
imately one-half mile of power transmission line to connect to
the existing utility transmission system.
The proposed powerplants will utilize normal District irri-
gation flows to generate power, with no reregulation of flows
and will not modify or interfere with normal irrigation water
deliveries.
The project area is located entirely on privately owned prop-
erty and no federal lands, public lands or reservations or wilder-
ness areas are located within or near the project boundaries.
The Be~rdsley Powerplants meet the requirements for exemption
for a "small conduit hydroelectric facility" because:
(1) The Beardsley Powerplants utilize the available head in
an existing irrigation diversion control structure for power gen-
eràtion;
(2) is located entirely on non-Federal Lands;
(3) has an installed generating capacity of less than 15 .
megawatts;
(4) is not an integral part of a dam;
I
..'- -.' . '";(,
I " .
(5) discharges the water used for power generation into an
~existing canal and into a natural channel, from which the remaining
..
water is diverted into an existing canal 1.3 miles downstream and
(6) does not rely upon construction or modification of a
dam to create any of the hydrostatic head that the facility uses
for power generation.
Final design of the proposed powerplants will be scheduled
as soon as practicáble after notice that this exemption application
has been approved. Construction of the powerplant facilities
will begin within three years after notice that this exemption
application has been approved and will be completed within five
years.
.
þ .' '",-~, .- -.".. -<~---,., - ._~,.~,..........
,
~, ", Second Recording----";' Book 5045 Pages 496 thru 516
.
"-----' ---------_."."---- ,..--
-,~ .. //'..;. ,"' ~ .. Aug.. 2-.7.~ 1070' 2:40 P.M.,.A 'Is. F~~'~bfr
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. '~ORDING REQUESTED BY . .. .,.t í;
/ .~~oo 'cqu~I'" bY ood r." Iii. . ' , , lan.5032 ,:, ~~~ i
benefit of the City of 8abrsfield. ! .
AND -.. aaCDIIDCØ "An, TD r '
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.......... ..AT" -~qiY CLERK'$ OfFICE .. ' ~', I ~ ... '- ,- :¡ ,.. c- '... I... I :".:.1 ~,~ . 'I
- CITY 0;: ßAKERSFIELD "t--' '... . " , , I
- 1501 TRUXTUN AVENUE fe....... ,,::.J -I r"" '.. - ' . ' "', I
CI~ L SAKfRSFIELD, CAlI~RNIA 9~~O.l -l, I
~l SPACE ABOVE THIS UNit FOR RECORDER'S USE
,QUfTC! IJ/IŸJ ¡(ERN RIVER BED {tow, /JllOJ Ail f'IT ~: {5 "
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No P::~ !
7ö CIIES7/?'R A I/€. QUITCLAIM DEED I
TENNECO WEST, INC., hereinafter called "Grantor". and TENNECO REALTY DEVELOPME:rr i
CORPORATION, hereinafter called "TRDC". each a Delaware corporation, hereinafter collac-
tive1y called "Grantors". and each as to its respective oWnership of the real property
hereinafter described, subject to a condition subsaquent set forth hereinafter, Grantors
retaining a right of re-entry as is set forth hereinafter. hereby QUITCLAJ}1 to the CItY
OF BAKERSFIELD,.a municipal corporation, hereinafter called "Grantee". all that certain
real property situated both in the City of Bakersfield and 1n the unincorporated area I
of Kern County. California, described in Exhibit A attached hereto and hereby made a t :
part'hereof.
EXCEPTING AND RESERVING to Grantor, its successors and assigns forever: all 011,
; 1
gas and other hydrocarbons and all other'minerals of whatever kind or character (all
herein collectively called "minerals"). whether now known to exist or hereafter dis-
covered (it being intended that the word "minerals" as used herein shall be defined in
the broadest sense of the word, and shall include but not be limited to oil, gas, other
hydrocarbons ànd all other mineral. substances and products. both metallic and nonmetallic.
solid. liquid or gaseous), which are upon. in. under, or may be produced from said real
property; all salt water which is in. under. or may be produced from said real property;
the right. by whatever methods now or hereafter known, as Grantor or its successors or
assigns Qay deem advisable, to prospect for. investigate for. explore for. drill for.
produce. mine. extract. remove and reduce to possession and ownership. all such minerals
and salt water which are upon, in. under, or may be produced from said real property; !:
the exclusive right to drill into and through. said real property to explore for and
thereafter produce and extract minerals which may be produced from adjacent real pro- 1
perty; the right to lay, construct. erect, and place upon and in said real property, I
and use, maintain and operate thereon and thereafter remove, all buildings. tanks, pres-
sure plants and other machinery, fixtures and equipment. pipelines. telephone lines, .,
electric power lines. roads, power houses, and other structures and facilities as Grantor
or its successors or assigns may deem advisable, for the exercise and enjoyment of the
rights herein excepted and reserved; the exclusive right to treat. process (but not
refine). store upon and remove from.sa~d real property such minerals and salt water;
the exclusive right to produce and extract such minerals by repressuring the subsurface
sands and strata with fluids or gases or by such other method or methods as Granter or
its successors or assigns may deem advisable, and to inject in and store and thereafter
remove such fluids and gases, whether or not indigeneous to said real property; the right
at all times, without charge. to investigate for, explore for, drill for, produce, remove
and reduce to possession and ownership. those quantities of fresh water from aquifers
> underlying sôid real property deemed necessary by Grantor or its successors or assigns
to use in prospecting, exploring, drilling, mining, producing. extracting and removing ~
(including, but not limited to. use in unit operations, waterf100d. thermal. or other
secondary recovery methods now or hereafter known), or other operations in connection
with the full enjoyment and exercise of the rights herein excepted and reserved; the
right to exercise all rights herein excepted and reserved and any and all other rights
upon said real property as Grantor or its successors or assigns deems necessary, incj-
dental to or convenient, whether alone or co-jointly with neighboring lands. in e~~loring
for, producing and extracting the minerals. and salt water herein excepted and rescrv~d;
1:-10
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aoo!'5032 P.\tE 457 '
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and the unlimited and unrestricted rights of access to said minerals and salt'
water and, of ingress and egress to and from, over and across said real property!
for all purP°"ses deemed advisable by Grantor or its successors or assigns in ;
the exercise of the rights excepted and reserved herein; provided, however, that,
Grantor, or its successors and assigns, upon being provided proof thereof, shall!
compensate Grantee or its successors and assigns for any and all actual damage
to improvements upon "said real property which is caused by the ezercise of the 1
rights excepted and, reserved herein; and also I i
EXCEPTING AND RESERVING to Grantors, their respective successors and j
assigns forever, the unrestricted rights of access for ingress to, egress from
and to cross said real property for any and all purposes deemed advisable Grantors
or their" respective successors or ~ssigns; provided, however, that Grantors and
their respective successors and assigns shall exercise the rights reserved in
this paragraph over existing trails and future roadways in a manner which will!
not unreasonably interfere with Grantee's use and occupancy of said real property
and its improvements 'thereon and, upon being provided proof thereof, shall com-
pensate Grantee, or its successors or assigns, for any and all actual damage to
improvements upon said real property which is caused by the exercise of the rights. I
excepted and reserved herein; and also I
EXCEPTING AND RESERVING to Grantors, their respective successors and ¡
assigns forever, the perpetual, nonexclusive right, free of charge or costs, to
excavate and remove for their own use or account. sand. gravel and other water-
borne sediments from those portions of said real property lying within the limits
of the well-defined channel of the Kern River, together with unlimited and unre- : I
stricted rights of access, ingress and egress. over. upon. to and from said real
property fòr the purposes of exercising the rights in this paragraph reserved;
and also II
EXCEPTING AND RESERVING to Grantors, their successors and assigns forever, '
the perpetual and nonexclusive right, free of cost or charge, to lay, operate and
maintain storm drain pipelines upon and within said real property and the discharge
of sler. drain wat~rs from Grantors' adjacent lands. into the channels oí the ~~
liver or'upen"its flood plain within said real property; and I'
SUBJECT to all existing easements, servitudes and rights of way for ¡
public and private roads and highways, pipelines. telephone and electric power:
lines and Qther purposes; and i
,
I
SUBJECT ALSO to the contract of settlement of water rights between Henry
Hiller and others and James H. Raggin and others dated July 28,1888, and recorded
in the Office of the County Recorder of said K2rn County, in Book 2 of Agreements
at page 40, and all amendments thereof and supplements thereto. :
. ;
AS A MATERIAL PART OF THE CONSIDERATION paid or payable by Grantee to
Grantors for the execution and delivery of this Quitclaim Deed, Grantee, by its
acceptance of delivery hereof, represents and warrants that said real property
and every part thereof shall be used and occupied for no purpose or purposes other
: I than municipal purposes and removal and/or excavation of sand and gravel. but noc
. , the location or construction of commercial, industrial, or residential facilities.
Grantee further warrants and represents that it shall never authorize or partici-
pate in any way ~ith the use and occupation of said real property for any purpose
'or purposes other than those set forth above.
i
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,
eQO~ 5032 ¡'A~E 458
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IN FURTHERANCE of such representations and warranties by Grantee. Grantors
convey to the Grantee. subject to the condition subsequent set forth herein. and
reserve to themselves a right of reentry to forfeit the estate granted. to terminate
such estate, and to recover title to and reenter upon and take and hold possession of
thè real property described in this Quitclaim Deed, or any part thereof. free of the
effect of this Quitclaim Deed in the event Grantee or its successors or assigns should
use or occupy said real property or any part thereof for purposes Or with structures
not hereinabove expressly authorized; and such right of reentry and recovery of title
free of the effect of this Quitclaim Deed, and its revesting in Grantor or TRDC, or
its respective successor or assign, as appropriate, is hereby authorized by Grantee
to be effected by the recordation in the office of the County Recorder of said Kern
County of a unilateral instrument executed by Grantor or TRDC, or its respective suc-
cessor or assign, as appropriate, reciting (a) the names of Grantors and Grantee. (b)
. reference to ,the date and place of reco'rdation of this Quitclaim Deed, (c) a descrip-
tion of the event and'the date thereof which activated Grantor's or TRDC's right of
reentry and recovery of title, (d) the description of the real property or the rele- !
vant part or parts thereof as to which such right of reentry and r~covery of title !
shall apply, (e) a statement to the effect that such unilateral instrument is author-
ized and recorded pursuant to the right of reentry and recovery of title contained in
this Quitclaim Deed, and (f) a declarati~n to the effect that the title to the real,
pro~erty described therein is then revested in Grantor or TRDC, or its successor or
assign executing such instrument, free and clear of the effects of this Quitclaim Deed.
- ' !
IN WItNESS WHEREOF, Grantors have executed this Quitclaim Deed and Grantee has .
exe~ted its ratification of the condition subsequent hereinabove contàined as of this,
u- WUay of ."".~ . 1977. I
., .
.e, ___{~~i~¡/ ~f.: ',.
:'....'iõ,,'. ., ,.:-..' TENNECO WST. INC.
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, ~ '~,.;,.' I, .' ¡ . By: ~. ~e-:::-.. !
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... I "~-( 1 'I\'\::'~/ By: , ì
. '" . :"', - Grantor :
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TENNECO REALTY DEVELOPKENT CORPORATION
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Grantee
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