HomeMy WebLinkAbout02/02/84
-----
" AGE N D A
I
------
SPECIAL MEETING
WATER BOARD - CITY OF BAKERSFIELD
THURSDAY, FEBRUARY 2, 1984
12 : 00 NOON
Call meeting to order.
Roll Call - Board Members: Barton, Chairman; Payne, Moore
I
" 1. Approve minutes of meeting held December 14, 1983.
2. Mainline extension refund assignment. FOR BOARD INFORMATION
3. Mainline extension agreements - various locations. FOR
BOARD INFORMATION
4. Ditch Eradication Agreement and Pipeline Easement. FOR
BOARD ACTION AND RECOMMENDATION
5. Representation at First Point Committee Meetings. FOR
DISCUSSION AND BOARD ACTION
6. Representatio~ at Kern County Water Agency and River Interests
Negotiations. FOR DISCUSSION AND BOARD ACTION
7. Closed Session - Water matters concerning potential litigation.
8. Adjournment.
- ---- ---- -- ------------
C I T Y OF
iB)A~JEIR.SIFITJE LID CA L IF 0 R N I A
DEPARTMENT OF WATER Resources
MEETING NOTICE ..
---,
A Special Meeting of the City of Bakersfield Water
Board will be held on Thursday, February 2, 1984, at
12:00 Noon, in the Department of Water Resources
Conference Room, 4101 Truxtun Avenue, Bakersfield,
California.
The following items will be discussed:
1. Approve minutes of meeting held December 14, 1983.
2. Mainline extension refund assignment. BOARD INFORMATION
3. Máihline extension agreements - various locations. BOARD INFORMATION
4. Ditch Eradication Agreement and Pipeline Easement. BOARD ACTION
and RECOMMENDATION
5. Representation at First Point Committee Meetings. DISCUSSION and
BOARD ACTION
6. Representation at Kern County Water Agency and River
Interests Negotiations. DISCUSSION and BOARD ACTION
7. Closed Session - Water matters concerning potential litigation.
~~~
Director of Water Resources
Posted: February 1, 1984 I
I
326-3715
1 so 1 'T R U X TUN A V EN U E . BAKERSFIELD. CALIFORNIA 93301 . (805) ~.~)9~J5
r--" - 0-'- '-"-""'---"--'-'-------~---"--'-----"!I.
\\
"",i
r
WATER BOARD - CITY OF BAKERSFIELD
WEDNESDAY, DECEMBER 14, 1983
12:00 P.M. - NOON
'-. The meeting was called to order by Chairman Barton in the
Department of Water Resources Conference Room.
The secretary called the roll as follows:
Present: Barton (Chairman), Payne, Moore, Russell,
Oberho1zer.
There were no public comments.
The minutes from the meeting of September 28,1983, were
approved as presented.
The Special Facilities Agreement for Ashe Water transmission
pipeline was presented by Mr. Core who stated that this Special
Facilities Agreement allows Tenneco Realty Development to in-
stall a water transmission pipeline needed fo~ the Ashe Water
System. The estimated cost of engineering and installing the
16" asbestos concrete pipe is about $80,000. Mr. Payne made a
motion for approval. Motion passed.
For the Board's information Mr. Core explained the Mainline
Extension Refund Assignments that are re-assigned will not
increase or decrease the cost to the City.
.-- Mr. Core presented for Board information, 25 Mainline Extension
Contracts, totalling $1,849,000.
The Water Board Ordinance was discussed at length. Mr. Moore
recommended that the Water Board consist of three elected
officials and staff members, and that the City Attorney and
City Manager should act as advisors to the Water Board. Mr.
Moore stated several reasons for this recommendation, among
them was that it puts the staff people in an awkward position
with elected officials; and it had been brought to his attention
that people feel the elected officials have the responsibility
for this; so they should be the ones setting the policy and not
have the staff put in that kind of position. Mr. Oberho1zer
suggested that the correct motion would be to recommend to City
Council the modification of the Ordinance to delete those two
members. Mr. Moore made the motion to recommend changing the
Ordinance to remove staff from the Water Board and place them
in an advisory capacity. Motion passed.
Adjourned to Closed Session.
The meeting reopened to the public. .
Mr. Dow presented a letter agreement from Kern County Water
Agency proposing a construction project in City's 2800 Recharge
-"-. Area. Mr. Dow asked the Water Board's approval to sign this letter
agreement after Mr. Oberholzer's office has had a chance to review,
and if found satisfactory to execute. Mr. Oberholzer made a
motion to approve subject to being reviewed for legal adequacy.
Motion passed.
r~--~---"'-'----'--'-----"""-"----"'--- ,'-- ,-0' ----'--"', -" '0-_---"'-'--'-"'----"-"--'-------'-"'--
" I
~ .
-fJ
-Ÿ
ff
There were no Board comments.
The meeting adjourned at 1:58p.m.
-- Board
~L~~K~
S aron Robison, Secretary
: City of Bakersfield Water Board
~,
{
,1
---
.
.
2
'.
~ ¡
83-23 W.B.
ASSIGNMENT
The undersigned hereby assigns to
RALPH H. MASURE
----------------------------------------------~--------
5080 SOUTHWEST 96th AVENUE
MIAMI, FLORIDA 33165
------------------------~------------------------------
all of its right, title and interest in and to the following
described Water Extenlion Agreement:
Wit h: CITY OF BAKERSFIELD, 1501 TRUXTON AVENUE, BAKERSFIELD, CALIFORNIA 93301
Dated: JANUARY 13, 1982
Completion date:
For: Wa t e r fa c i li tie I MAIN EXTENTION FOR TRACT NO. 3827 - UNIT "A"
Am 0 u n t 0 f de pOI it: $26,987.00
Balance in depolit: $23,942.53
N u In be r 0 fIe r vi c e 8 : DESIGNED FOR 55
Number of hydrants: 0
Refund bali.: The exclulive right to receive from the
wa t ere 0 m pa n Y __-l:l______-- per c en t 0 £ the rev en u e Ide r i ve d
Bla, BIb, BIc and BId
therefrom in compliance with Section/tiC" of the Main Exten-
8 ion R u 1 e, rJ *ItS ~/, Mff I M/ct-;Ie/;r¡y,/f/ t/ I"¡'¡ ftfl_llI/ I /'ØIY/ /' 'fI./fI / ff'ÞfttHJ:.I /VJ/tIff ~ ~þ¡q ~
I ltlJ hi M/i/J /,./i/J iJ I J/fl I Uti J. I Is It/a! t'. él 161£11 tJ áANfI~ /rId A.1aI. WHICH IS WITHIN THE GENERAL
PROVISIONS AND DEFINITION OF SAID RULES.
The undersigned warrants that it i. the owners of laid
agreement free and clear of all claims, liens or encumbrances,
and a g r e e It 0 de fen d and h 0 I d the a I . i g nee h arm lei' 0 fan d
fro mall co ø t lor c 1 aim I a r i I in g out of an y vi 0 I at ion 0 f t h il
provision.
ACCEPTED: NEPTUNE 'INVESTMENT COMPANY
CITY OF BAKERSFIELD ~ó1AA
~!A;
BY: .¡J ~ ~ -GEOR~;-;. M~;-" ;RESIDEm--
D ate d I - JIJ .. 8 f- 12AT!~:_..}~~_!.8..tJ. 9~'L_':"'__-----
---
¡'-.' 'f
: I
"
" MAINLINE EXTENSION AGREEMENTS i : I
Agreement Number Water
Tract or Refund of Board
Developer Parcel Map Estima:ted Services Number
Tenneco TRo 4649 $ 28,683.95 48,"-
Tenneco TR 4619 52,346.18 81,
Tenneco TR 4612 84,577.12 S9
Tenneco TR 4613 79,958.77 49,
Tènneco TR 4627 24,020.01 25
Tenneco TR 4632 27,089.55 57'
..~ TOTAL $296,675.58
I
tV. ß. - :z -,;} -fl~
----
, i , . I
'" - REÇÖRDING REQUESTED BY- - ,.. "
AND WHEN RECORDED MAI~'): .,
, ... l~ 2("'.. 67
, bv and for the benefi t Bon~ 5646 fME ,(.
of ' the Citv of Bakersfield A ~ 04 6-
greement 110. U - 0
WHEN RECORD::D MÞ,ll TO
City of B'I';Gr~fic:~¡ 0 ~ 6 ~ 7 9 ¡gaL D,) _r ,;,~: r:, ')¡
D~PA""r'^-' ,- -.. .. It {II II J ..., '.J L
t: I(,(d,;,-"I 0, \'!.L\T,:t:
¡r.OJ T"':YTLl'" ft"""!I'- . '
~ K...", "'h'J":I'",t: Rt:,"'Of,>::"-¡"jr')Y
BAKEr>c."ELD CA' 'F -., " L\'" d--I.." D, ,
. I-{",r-, . ~ -D,~;~!A93"Ol '),þl;:<:,qJS"-:::':
~ 84 11 W B v \_- ~, ~-" I '"
¡'-..,- - ., I rr~.."..".. ""',,"","
- 1...../ ,; r" , -,
:..- R
DITCH ERADICATION AGREEMENT
n_.._. MD AND PIPELINE EASEMENT
.0 D DRS
R9486 A- 04'05/64 .00 F~EE
n_...... LN
THIS AGREEMENT, dated February 8, 1984 ,between Renfrow, Inc., a
California Corporation, 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",
WIT N E SSE T H T ~ A T:
WHEREAS, Second Party is the owner and operator of the Beardsley
Canal lateral, also known as Lateral 1-2-0, 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:
Lot 27 in Section 9, T.29S., R.27E., M.D.M., Kern County,
California, according to the "Sales Map of Lands of Kern County
Land Company", file.d in the Office of the Kern County Recorder
on April 4, 1893.
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 hereinafter 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, install, main-
tain, alter, repair, improve, reconstruct, enlarge and supplement and
to flow and conduct water through a buried pipeline or pipelines over,
~long ana in those certain strips of land in the County of Kern, State
of California, more particularly described as follows:
The north 10 feet of the south 65 feet of said Lot 27.
For purposes of this description, the south line of :said lot
is the south line of Section 9.
--------- --
~ t~gether with all rig~COnVenient and incidenta1~lereto, BOO~ 5646 r~cE2268
including
" the fight of 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 structures 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 Ease-
ment Guarantee Policy of title insurance in the amount of $2,000.00
from a reputable title insurance company acceptable to Second Party,
insuring that the right of way and easement herein grated is vested
in Second Party free and clear of all liens and encumbrances excepting
only those matters waived in writing, if any, by Second Party.
3. First Party agrees to construct and install along the
centerline of said right of way and easement a twenty-four inch inside
diameter concrete 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 wich
the flow or distribution of water through the present ditch as required
by Second Party.
4. First Party shall 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 pro-
vide to Second Party a performance bond equal in value to the engineer's
estimate of the total cost of the project, in the event that First Party
shall not pay the entire costs thereof and complete said work as pro-
vided in this agreement.
5. First Party agrees to commence the construction and install-
ation of said pipeline or pipelines and structures within a reasonable
time.
,
6. First Party agrees that, upon completion of construction 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 no right, title or interest therein,
and Second Party shall be in the sole and absolute control of the
manner, method and time of conducting and discharging water through
said pipeline or pipelines and facilities; and the nature and extent
,of Second Party's right of way and easement shall be in no manner
diminished or restricted by the construction of said pipeline by First
Party.
7. First Party agrees to keep and maintain said pipeline or
pipelines, and the inlets, outlets and other 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
-- --- ---
- -------
.
. '. 8 8
' Bno.' 5646 p^GE2269
, . ..
. ièplacement of any part thereof required to ~intain said pipeline
or pipelines and structures in good operating condition. First Party
agrees that, in the event it fails, neglects or refuses to repair,
maintain or replace promptly, upon 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 replacements
made by Second Party, with the interest at 12% per annum from the date
such 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 a~d 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
attorneys' 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 execute in duplicate as of the day and year first above written.
RENFROW, INC., A CALIFORNIA
Mayor CORPORATION
. 1"'.;,..., ~ ¿~ c?~
~ 13:-{6RS) \lICE l DBJ\
.1
!I FIRST PARTY
I
I KERN RIVER CANAL AND IRRIGATING
COMPANY
! APPROVED AS TO FORM:
!
ci~6(/~
SECOND PARTY
--
--
8 8
..
... BOO" 5646 PME2270
STATE OF CALIFORNIA } §. -'~' , -,
COUNTY OF
On before me, the undersigned, a Notary Public in and for
said State, personally appeared 'NE~ Þ>...'ltR5
personally known to me or proved to me on the basis
of satisfactory evidence to be the ~rson who executed
the within instrument as the CE:
President, and
¡MP!ieRaU) Im8WA 58 AU er
preuss t& IRC SR s}'f ~uÍ9 sf ~~..;~çalõt~I")' .",;rI"~9. to M
T~ P':¡¡QD "'I;!Q .,v.,rn...,rI ..h~ nqthia ;nr"""9.'!l\t "" tin;
~,.d....,. of the Corporation
that executed the within instrument and acknowledged
to me that such corporation executed the within instru-
ment pursuant to its by-laws or a resolution of its
board of directors.
WITNESS my hand and official se
Signature (This area for official notarial seal)
-
.
&,
.
. .:;"--
-
.
-- - '.
-
8 8
'.
0'
" .
. Form 5.3260 5060-1)'{ ~ BOND #2-348-522
f"==J - q 1th:ißiI. p - =l
I!J)Ut!ID ~~ ~~.em:Jt:ìiJ~
~.{lfít OUIID
CALIFORNIA CONTRACT BOND
KNOW ALL MEN BY THESE PRESENTS:
That we..... ...... ......;!.:. ...~:. ...I?~.t:J. ~9.!. ...I~~..... ........ ..... ... .............. ...,.... ...,.. '" ..,. ........................ ..... .... ...... .......
... ............ ........ ....... .... .........., ...... ... ...... ... ...... """ .........". .... ........ ... ... ......... ...... ....... ... ...., ........... ....... ......, ... .....
.. ..........,.,......."..............................,.......,.....,............,....,.,.........,.....,.,...,.................,.........................,.............
BAKERSFIELD, CA
of ...........................................................................,........................................................................................
(hereinafter called the Principal), as Principal, and THE OHIO CASUALTY INSURANCE COMPANY,
an Ohio corporation authorized to do business in California (hereinafter called the Surety), as Surety,
. CITY OF BAKERSFIELD
are held and firmly bound unto................................ .... .....,....................,......................,.....,..,........ ......... ....
.............. """" ....... ...... .... ... ..,................ ......... ......... ..... ..... .......... ... ..... ........ ... ........ ..... ...,.... .... ....... ..... ........ .....
................................................................................................hereinafter called the Owner), in the sum of
~~~~.~~...~~Y.~~..~.J:I.~.~.~~.~!?..~ .~.~...I:I. ~~P.~.J?P... .N~P.. ~.9./.:!-. R 9..... ............. .Dollars ($2.7..1. .9. Q.O.,.Q.O...) ,
for the payment whereof said Principal and Surety bind themselves firmly by these presents.
WHEREAS, The' Principal has entered into a written contract dated............}!?!.~.~...........................
. DITCH ERADICATION AND PIPELINE CONSTRUCTION
19........, with the Owner, for..... ........................................................,........................."........ ......... ................
IN TRACT 4210-A.
....................... ....... .... ............. .........,.... ...... ........ ..... ....... .... .,. """'" .... .... ........ ... ....... "'" ..... ....... ......................
............................,....................................................... ..................................................,....,............................
a copy of which is or may be hereto annexed.
NOW. THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal
shall faithfully perform the work contracted to be performed under said contract, and shall pay, or cause to
be paid in full, the claims of all persons performing labor upon or furnishing materials to be used in, or
furnishing appliances, teams or power contributing to such work, then this obligation shall be void; otherwise
to remain in full force and effect.
This bond is executed for the purpose of complying with the laws of the State of California as contained
in Sections 1181, et seq., Code of Civil Procedure and all acts amendatory thereof, and this bond shall inure
to the benefit of any and all persons who perform labor upon or furnish materials to be used in. or furnish
appliances, teams or power contributing to the work described in said contract, so as to give such persons a
right of action to recover upon this bond in any suit brought to foreclose the liens provided for by the laws of
the State of California. or in a separate suit brought on this bond. No right of action shall accrue hereunder
to or for the use of any person other than the Owner except as such right of action may. be given by the
Mechanics' Lien Laws of the State of California to persons performing labor or furnishing materials, appli-
ances, teams or power as aforesaid. The total amount of the Surety's liability under this bond, both to the
Owner and to persons furnishing labor or materials, appliances, teams or power, shall in no event exceed
the penalty hereof. ' ,
The Principal and Surety further agree to pay all just claims of laborers arising under said contract, within
two (2) weeks after demand, and to waive the filing of lien claims or giving written notice required by Statute
as a condition to bringing suit to enforce the same.
PROVIDED, HOWEVER, UPON THE FOLLOWING EXPRESS CONDITIONS:
First: That if the Principal shall default in the performance of said contract the Surety shall have the
right, at its option, to proceed or procure others to proceed with the performance of such contract, and all
reserves, deferred payments and other moneys provided by said contract to be paid to the Principal shall be
paid to the Surety at the same times and under the same conditions as by the terms of said contract Buch
moneys would have been paid to the Principal had the contract been performed by the Principal, and the
Surety shall be entitled thereto in preference to any assignee of the Principal or any adverse claimant: but if
the Owner shall complete or re-Iet said contract, all reserves, deferred payments or other moneys remaining
after payment for such completion shall be paid to the Surety or applied as it may direct to the settlement
of any obligations incurred hereunder.
.
.
-
8 " 8
..
,-¡¡ I
, I
Secðnd: That the Surety shall not be liable for any guELrantees of the efficiency or wearing qualitiès of I
any wotk done or materials furnished under said contract, or the maintenance thereof, or for any repairs
thereto' or reconstruction thereof after completion, nor shall this bond obligate the Surety to furnish any
bond, policy or obligation other than this instrument.
Thitd: That no suit, action or proceeding to recover 01:1 this bond shall be sustained unless the same
is commenced within six (6) months from the completion of said structure or work of improvement, as
"compl~tion" is defined in Section 1193.1 of the Code of Civil Procedure of California.
Signed and sealed this........~I!'!.T.?..............................day of.............~.~!3~.~..........................., 19...~.~.
,... ,~~,: ,~Æ!~. ,.. ,.. ,.."..".... ,........
Principal
THE OHIO CASUAL 1Y INS~ COMPANY
" I /
/, 7 ' :4'// l / - ,,"~' l "~ t' ': C,..
/ /' ~t-c./¿/~, ,'- >:.¿' -¿.,/ :
By .L~~........~f;~~..... .......e.....l?........L
DELMER J. BE7R, Attorney--in-Fact
ACKNOWLEDGMENT OF SURETY
STATE OF ........~.~!:'.~.~9.~~.~.~..............}
: KERN ~
COUNTY OF ..........................................
'. NINTH MARCH 84
On .. thIS........................................... .day of..................... .... ....................... 19....... ..., personally appeared
DELMER J. BENDER
before 'me....... ..........................................".....................................................................................................
who being duly sworn did depose and say that he is the At:torney-in-fact of The Ohio Casualty Insurance
Compatay of Hamilton, Ohio, that the seal affixed to the atta,ched instrument is the Corporate Seal of said
Corporátion, and that said instrument was signed and sealed on behalf of said Corporation by authority of
its Boatd of Directors and the said..................P.~.~~.~!3...~.:...!3.~.~!?~!3................................ acknowledged
that he executed said instrument as such Attorney-in-fact all,d as the free act and deed of said Corporation.
I ¿ ¿ ¿ .. 6,..A -~-~~':"_~ "-_-:,~_,~~i
\' .. ,:,-~:::' ß t\RBM<A ECKERT \ ~~ é;'~~"
/.,.. ,'.. ',> -.
¡.<:",,!,\~"'/\ NOTARY PUloLiC. CALlr-O:~NIA ;;
~'\:'::',':::;,,:':') ßO:,O F1,-~D IN \ ...... .......... ". .~.. ...... ...............:......:......
\'? : '::,.' K~',:"¡ COUHíY Notary Pubhc m and for the State of Cahforma.
~Y'C;I,\:',\!:;SIC~ [XPI"ES ~~~:!;??,..1 ?O~ , C f KERN ~
,-_.... .......n._------ "'""~"""'" ounty 0 ................................................................
¡,;:;,¡.-~.........-... ~ ~ ~ - ~
~~r~~~ n
~~~8~;. >
~llqCtf C
Ct'(;.~ 0 tI Þf1
... .~ 5. ~ ø.. () 0
¡:r'" H 0
t: Ct a.~ a 9 1--,3 ~ z ~
~ . & t-<: .
.. rt ~. r- 2. - tJ: ~
o=g~ CT' 0 t'i [TI 0 ÞOO4
~.::&. 0 g:. Ct 'Tj -I . :r: Z >
¡;&oCt .. ;OCt ... 0 ~
a. r; t Ct .. Ir tJj t:I r- I::' n
~. ø.. 8 ~ ø..:Þ' tIj'" 0
g .... '" II :;.;: Z 0 Z
I! ::r 0 tI . , tI tIj H "r1
1:. E:: ::r r:t '... ø.. ~ 0 t-i
ø..~ E:: 18 ~ .. en ... ~
.~~ø. 3 'Tj >
E õ n g' 2. ~ t;j ZH ,...
c....o ø.. lJ
""39..(;.$ t"' () t-i
'.....OClø.. t:I .
/