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Home My WebLink AboutMD Packet 4-9 (2)~w ~ K-o9 PHONE (805) 327-1486 FAX (805) 327-1452 CIVII ENGINEERS RICKETY, DELMARTER AND DEIFEL 2901 H ST. ~3 BAKERSFIELD, CA 93341 PHONE 327-1486 FAX 327.1452 SURVEYORS 2901 H STREET, #3 BAKE RSFI ELD, CA 93301 JAMES K. DELMARTER JOSEPH A. RICKETY WAYNE A. DEIFEL February 15, 1994 City of Bakersfield Public forks Dept. ATTN: Darrell Graves 1501 Truxtun Ave. Bakersfield, CA 9330# Dear Darrell: ~~ 1 t~ ~ ~i~GiNEE~~iN~ Di~iSiOi~ Jab No. 1045 Cn behalf of my client, kern Rio Bravo Partners ~, developers of Tract 5540, 1 hereby request including said Tract in a maintenance district per Condition ~2 of Park's requirement in the Conditions of Approval far subject Tract, very truly yours, R CKETT, DELMARTER & DEIFEL ~L ,~ J mes K. Delmarter RCE#17564/Exp. 6/30/97 JkD.jih PANORAMA HILL PARK MAINTENANCE DISTRICT A parcel of land situated in Sections 13 and 24, Township 29 South, Range 28 East, M. D. M., City of Bakersfield, County of Kern, State of California, more particularly described as follows: Beginning at the point of interesection of the easterly right of way line of Fairfax Road and the northerly right of way line of State Route VI-KER-178, also being the southwest corner of Lot 2 of Tract No. 4171 filed in book 30 of maps, page 26 in the. office of the Kern County Recorder; Thence (1} Northerly, along the various courses of said east right of way line of Fairfax Road, a distance of 2940.76 feet (more or less) to a point on the east/west mid-section line of said Section 13, also being the northwest corner of Lot 1 of Tract No. 3974 filed in book 28 of maps, page 177 in the office of the Kern County Recorder; Thence (2} North 89° 39' 11" East along said mid-section line, 344.72 feet to a point on the west boundary line of Tract No. 4196 filed in book 31 of maps, page 180 in the office of the Kern County Recorder; Thence {3} North 02° 53' 24",West, along said tract boundary, 143.11 feet to an angle point thereon; Thence (4) North 41° 20' 18" West, along said tract boundary, 296.38 feet to.the southwest corner of the boundary line for Tract No. 4197 filed in book 31 of maps, page 184 in the office of the Kern County Recorder; Thence northerly along the exterior boundary of said Tract No. 4197 for the following (12} courses: Thence (5) North 15° 04' 34" West, 267.01 feet;.. Thence (6) North 00° 20' 49" West, 314.00 feet; Thence {7) North 89° 39' 11" East, 150.00 feet; Thence (8) South 31° 24' 4T' East, 46.90 feet to a point on anon-tangent, 50.00 foot radius curve, concave to the southwest, having a radial bearing of south South 31° 24' 47" East from said point on curve; Thence (9} Easterly and southerly along said curve through a central angle of X63° 53' S8" an arc distance of 143.03 feet to the beginning of a 25:00 foot radius, tangent reversing curve, concave to the southeast; Thence (10} Southwesterly along said~curve through a central angle of 42° 50' 00" an are distance of 18.69 f eet; Thence {11} South 00° 20' 49" East, 60.01 feet; Thence (12) South 89° 39' 11" East, 286.00 feet; Thence {13) North 00° 20' 49" West, 200.00 feet; T'h,ence (14) North 89° 39' 11" East, 98.30 feet to a point on anon-tangent, 50.00 foot radius curve, concave to the south, having a radial bearing of North, 72° 11' 42" East from said point on curve; PAGE 1 Thence (15) Northerly, easterly and southerly along said curve through a central angle of 214° 54' S4" an arc distance of 187.55 feet;. Thence (16) North 89° 39' 11" East,103.44 feet to the southeast corner of the boundary line for Tract No. 4407 filed in book 3 of maps, page 153 in the offic of the Kern County Recorder; Thence (17) North 00° 02' 08" West, along the east boundary line of said Tract No. 4407, a distance of 879.90 feet to an angle point thereon,; Thence (1$} North 89° 42' 34" East, 154.69 feet; Thence (19} North 19° 32' 16" West, along said tract boundary, 296.71 feet to the .northeast corner of Lot 111 of said Tract No. 4407; Thence (20) Departing said tract boundary, North 00° 02' 08" West, 536.14 feet to a point on the north line of said section 13; Thence (21) North .89° 42' 34" East, along said section line,1278.47 feet to the north 1/4 corner of said Section 13; Thence.(22} North 89° 42' S9" East, along said section line 2675.84 feet to the northeast corner of said Section 13; . Thence (23) South 00° 05' 37" West, along the east line of said section, 2637.52 feet to the east 1I4 corner of said section; Thence (24) South 00° 10' 05" West, along said line, 2658.93 feet to the southeast corner of said Section 13 (also being the northeast corner of said Section 24); Thence (25) South 00° 35' 11" West, along the east line of .said Section 24, a distance of 127.57 feet to a point on the north right of way line of State Route VI-KER-178; Thence westerly along said north right of way line for the following (8} courses: Thence (26) North 83° 01' S0" West, 120.75 feet; Thence (27) South OS° 04' 16" West, 97.64 feet; Thence (28) South 77° 51' S7" West, 650.46 feet; Thence (29) South 89° 45' S4" West, 1096.28 feet; Thence (30) South 89° 47' 22" West, 1700.00 feet; Thence (31.) North 84° 03' 38" West, 490.20 feet; Thence (32) North 80° 03' 16" West, 488.52 feet; Thence (33} South 81° 50' S 1" West, 97.80 feet to the point of beginning. PAGE 2 '' "~WY 14~~ ~.. MEMORANDUM TD: LEE ANDERSEN, COMMUNITY SERVICES MANA ER FROMs FRANK FABBRI, PARKS SUPERINTENDENT~:~f SUBJECT: PANORAMA HILLS PARK (RELOCATION) DATE: DECEMBER 9, 1994 ~1~ ~ lE ][ ~v I~~ DEC 1 5 tgg4 ~~~~5~ ~Q~ D~~aRT~~T The Parks staf f has been contacted by WZ I , a consulting firm hired by Destec Engineering and Bear Mountain Limited. It is my understanding Destec will be designing and constructing the cogeneration plant and Bear Mountain Limited will eventually awn and operate the facility in Northeast Bakersfield. WZI has .indicated Bear Mountain Limited would like to purchase that portion of Panorama Hills Park which is located under the Southern California Edison power lines and easement (approximately 3 acres). The power line easement would be used for emergency vehicle access. as well as water line, natural gas pipeline and a telephone line to serve .the cogeneration plant. WZI has also indicated the property to be purchased by Bear Mountain Limited will be replaced with-other property, outside the. easement and adjacent to the remaining park site, at no cost to the City. .Park staff would support the above proposal. due to the recent developmental policy changes of Southern California Edison. .Approximately six months ago we were contacted by Southern California Edison on the same proposal. The proposed sale was turned over to the Property Management Division for further review. It is my understanding the Finance Department had some concerns with the sale and the issued was tabled. Public Works is in the. process of conducting a survey on the feasibility of forming a maintenance di trict for this proposed park.. The issue on~the sale of .the easement needs to be resolved prior to the.. survey. Please provide us with some direction. cc: Alan Tandy, City Manager Greg Klimko, Finance Director Allen Abe, Assistant Parks Superintendent Georgina Lorenzi, Business Manager Raul. Rojas, Public Works. Director Don Anderson, Property Manager File: c:~wp5l~data~pan-sale oRaFr ~~~ Deoernber 5, ~ a94 ~Ir. ~l, P, Schneider Protect Manager Bear Mountain l invited 250o City'~est BouJeYard, Suite 150 h~ouston, Texas 77042 Mr. Edwm~d W. Goodyear Real Properttea Agent Southom Galifomk Edison Company 1305 E. Nolxi Avenue Vi~lk~, Calitomf~ 93282 R~.• Panorama Perk Relocation Dear Sir: Th18 ~~@C IS 't0 COflfl'117 ~ ('i~l~/ Of B~Ce~t~~8 COfytr11~1'~11t t0 000~1'~ W~1 80~' Mountain United and Soutlum California Edtxn Comp~y to aa~mplish the r~ of the Ps~orsme Park, currently described in Exhib~ A. The purpose of the rMocatlon is to remove the park property from tn~thin the current Southern California Edon Contp~ny transmission line e~ement !t is our understanding ttr~ Bear ti+burrtain Limited w111~ at no cost to the city, procure the property nec~asary roc refoc~ the park and assist tho city as necessary in the relocation effort. 1t is also the understanding of the city that if ~e park is successfully removed from the property on wh~oh Soutt~em C~lifoml8 Edison Company holds an vxctusfvo ~semerrt that. the legal owner of the properly ma}r subsequently transfer that easement ores to Southern Califa~a Edison Company. This. proposed cooperative effort should result in a .park that is capable of berg developed and utii'~ed without the concern of the utility operation within tho park boundaries. 1Ne appreciate the willir~ness of both companies to assist us In this project. very truly yours, Frank Fabbri Parks Suparfitendern City cf Bakersfield FFIer 16Q10074,144 r. ,~ .ii/ D~'ST EC ENGIN-C~R/NG oesrec ~N~~n~eeawa. +~rc. 2500 CITYWE$ t SLVQ„ $UITC 1700 P.O. BOX a471 HOUSTON. TEXAS 77270-aa11 {713) 974-8~0 DRAFT ~r ~ ~ December 5, 1 S94 ~ ~~~ ~Ir, Edward w, Goodyear, SR~VVA Resi Properties Agent Red Properties and adminlstrativ® Services Southern California Edison ~ 345 E. Noble Avenue Visalia, CA 93292 Re: Consenf to Cross, Bear l~acrntain t~'mited Mabee lrtvvs#men# Property Dear Mr. Goodyear; This lei#er serves to dacu~ent and confirm the agreement reached between bear Mountain Limited, a Texas umitQd Partnership ~"Bear Mountain"~ and Southern Califomla Edison ~ornpany ~SGE~. This agreement arises out Bear Maur~tain's construction of a cogeneration plant on property lying to the north and east of the land on which SCE holds an exclusive easement zn fhe City of Bakersfield, Kern County, California. 1n light cf Bear Moen#ain's need for easements that cross the exclusive easement depicted an Exhibit A for emergency vehicle access as well as a water line, natural gas pipeline ar~d a telephone line to serve the cogertera~on plant, the parties agree as follows: ~, Bear Mountain will pursue with all due diligence the obtaining of a por~on of the property on behalf at SCE which currently belongs to the C`~y of Bakersfield and is depicted in Exhibit B as Panorama Park, the subject portion over v~hich SCE currently holds an exc~uslve easement, The said proper~r is defined by the legs! description thereon, The obtaining of the sub~eot properly wfll be at no cast to SCE. 2. In .exchange for delivery of this letter by Bear Mountain setting Earth its cosrimitment to pursue f~rtaiiaing and obtaining the fee interest to a portion of the Panorama Park Property for SCE as described above in Item #1, SCE will Canvey a Consent to Cross at right angles the Magee Investment property, SCE's exclusive easement as described in Exhibit A, prior to December 2,199'4, Page 1 A ~UQ.' IptAAY OF OF~.9?:4 $NE•9GY ~~C. UtC. ~fb ' y4 V~~i% ~4h'~`I WLl 1fY~ ~.. • ~~~{~R~Y ~ou3~ aN, r~~s ~, Bear Mountain wlll deposit into an interest baaring escro~r account, the escrow trustee to be selected by SCE, the amount of ~+rithin fie days oi' execution of the agreement, ~1pon the determination that gear Mountain can not obtain the properly described in Item ~ 1 and that the City of Bakersf eld pan not relocate the park outside of ~e SCE. easement, v~ithin ten days the entire balance of the escrow account will be released to SCE in exchange #or the Consent to Coss the Magee investment prQper~f easement. Upon demonstration that Bear Mountain has obtained the ro ®rty described In ltern ~ ~ , the entire balance of thg escrov~ account will PP be released to Bear Mountain. DRAFT ~~ ~~/ P.4 Assumin that the foregoing sets forth the agreement bet~reen SCE and Bear Mountain, g . l would a reciate dour execution of the- enclosed dupl~Gate or;glna! of this fetter and your ~P returnting rt to me at your earliest cvnvencence, Very trUEy yours, W. P. Schneider Attorney in Pact wPs~~r 1 ~Q10~74.1~1 Air d Southern ~a(ifarnia Edison Company D Siena Page 2 ..`SRS-~'~ { ,t- ~ ~ ~ ~~~•7"d. ~ r { s~S ~ ,~1.~ i . _ .. ~ ,~t~ ~f h ° n. t f ~ k .. '~.~''M1 T ~~,..-:Ilt.. '. W. - f` : t J~'~).~' /. y ~(1- f:~' ~~'~ ~' . f ~' ,. ~ 41 tl ,{.. Mo T:" S ~ a ~y . ~;:" ..:. .r.... ,~ A - ~.,: ' .~ . ' t ~r ~A B-AKERSFIELD __ PUBLIC WORKS DEPARTMENT MEMORANDUM T0: Lee Anderson, Community Services Manager FROM: Raul M. Rojas, Public Works Director . DATE: December 20,1994 SUBJECT: Panorama Hills Park Maintenance District f y.. ~ w,,~~z ~rffla tr ~,{ ~ Ti v M 6 ~t8 t ,, x~, ryy~y ~~,(~r' :ice ~f. fAt, ~:i~„ M f ~ We received the attached memo from Frank Fabbri on December 15,1994. Our staff has prepared a draft survey letter to be sent to aU property owners within the proposed boundaries for the Panorama. Hfills Park Maintenance District regarding the formation of this district. However, they are not going to send this survey out until the Public Works Department has received a written memo from your department stating that the parksite status is resolved. At that time, the district map may have to be revised, depending on the ultimate location of the park. C1094~1MAII~'TIPAN~3~1~S~STAT[TS2 RMR xc: Reading Fde Frank Fabbri, Parks Superintendent Jacques R. La Rochelle Marian P. Shaw ~2) MEMORANDUM ~7E ~ lE II ~ ]~~ DEC 15 1994 T0: LEE ANDERSEN, COMMUNITY SERVICES MANAGER FROM: FRANK FABBRI, PARKS SUPERINTENDENT ~j~,~' SUBJECT: PANORAMA HILLS PARK (RELOCATION) DATE: DECEMBER 9, 1994 '''JB~IC WORKS DE~~RzM~~-; The Parks staff has been contacted by WZI, a consulting firm hired by Destec Engineering and Bear Mountain Limited. It is my understanding Destec will be designing and constructing the cogeneration plant and Bear Mountain Limited will eventually own and operate the facility in Northeast Bakersfield. WZI has indicated Bear Mountain Limited would like to purchase that portion of Panorama Hills Park which is located under the Southern California Edison power lines and easement ~ approximately 3 acres) . The power line easement would be used for emergency vehicle access as well as water line, natural gas pipeline and a telephone line to serve the cogeneration plant. WZI has also indicated the property to be purchased by Bear Mountain Limited will be replaced with other property, outside the easement and adjacent to the remaining park site , at no cost to the City. Park staff would support the above proposal due to the recent developmental policy changes of Southern California Edison. Approximately six months ago we were contacted by Southern California Edison on the same proposal. The proposed sale was turned over to the Property Management Division far further review. It is my understanding the Finance Department had some concerns with the sale and the issued was tabled. Public Works is in the process of conducting a survey on the feasibility of forming a maintenance district for this proposed park. The issue on the sale of the easement needs to be resolved prior to the survey. Please provide us with some direction. cc: Alan Tandy, City Manager Greg Klimko, Finance Director Allen Abe, Assistant Parks Superintendent Georgina Lorenzi, Business Manager Raul Rojas, Public Works Director Don Anderson, Property Manager File: c:~wp5l~data~pan-sale T4, : Alan Tandy, City Manager FROM: Raul M. Rojas, Public Works Director .DATE: July 31,1995 SUBJECT: Panorama Hills Park Maintenance District Survey On July 13, 1995, Public Works and Parks staff' sent out a letter and survey form to the property owners within the boundaries of the proposed Panorama Hills Park Maintenance District. This letter requested that by July 31,1995, the property owners respond as to whether or not they would support the formation of a Maintenance District to pay for the annual upkeep of a park in their neighborhood. Five hundred thirty-eight (538) surveys were sent out; as of Monda ,Jul. 31, we Y Y have received 242 responses (approx. 45% response). The majority of the responses show that there • is insufficient support for the formation of a maintenance district to support the Panorama Hills--~- Park. . The boundary of the proposed district encompasses approximately 439 assessable acres and 538 assessable parcels. The response to date is as follows: s District Total Acreage 439 (Percentage of Total) (Percentage of Responses) Parcels 532 (Percentage of Total) (Percentage of Responses) Responses Total Positive Negative 321 91 ~ 230 73 % 21 % 52% - 28% 72% 239 99 140 45~Io 19% 2b% ---- 41 % 59% Since our maintenance district are based on assessment district law which allows for majority protest by area assessed, and since 52% by area of the proposed district has responded negatively to the formation of an assessment district, staff does not recommend that we go forward with the maintenance district formation procedure. C1094:1MAINT~PANHILI,SISURVEY2.MEM _ RMR:mps x~ Jaoques R. La Rochelle, Design Engineer Lee Anderson, Community Services Director Frank Fabrri, Park Superintendent Reading File Project File Marian P. Shaw