HomeMy WebLinkAboutReso 93-193 - Approve & Authorize the mayor to sign lease of land to the COR (C# 3-07-20-L6086) between COR and US Dept of Interior, Bureau of Rec, for Spring Creek Power Conduit (Buckeye WTP Project) RESOLUTION NO. 9'_3--193
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE LEASE OF
LAND TO THE CITY OF REDDING (CONTRACT NO. 3-07-20-L6086)
BETWEEN THE CITY OF REDDING AND THE UNITED STATES
DEPARTMENT OF THE INTERIOR, BUREAU OF RECLAMATION, FOR THE
SPRING CREEK POWER CONDUIT (BUCKEYE WATER TREATMENT PLANT
PROJECT) .
IT IS HEREBY RESOLVED by the City Council of the City of Redding
that:
1 . The Council hereby approves the above-mentioned Lease of
Land to the City of Redding (Contract No. 3-07-20-L6086) between the
City of Redding and the United States Department of the Interior,
Bureau of Reclamation, a true copy of which is attached hereto and
incorporated herein by reference.
2 . The Mayor of the City of Redding is hereby authorized and
directed to sign said Lease on behalf of the City of Redding; and the
City Clerk is authorized and directed to attest the signature of the
Mayor and to impress the official seal of the City of Redding
thereto.
3 . Staff is directed to pay the one-time lease fee of
$24,000. 00.
I HEREBY CERTIFY that the foregoing Resolution was introduced
and read at a regular meeting of the City Council of the City of
Redding on the 4th day of May , 1993, and was duly adopted at said
meeting by the following vote:
AYES: COUNCIL MEMBERS: Anderson, Kehoe, Moss and Arness
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Dahl
ABSTAIN: COUNCIL MEMBERS: None
l
CARL ARNESS, Mayor
City of Redding
A ST: FORM PROVED: U�
t
CONNIE STROHMA , City Clerk ALL A. HAYS, City Attorney a
I
UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF RECLAMATION
SPRING CREEK POWER CONDUIT
TRINITY RIVER DIVISION
CENTRAL VALLEY PROJECT
LEASE OF LAND TO THE CITY OF REDDING
Contract No. 3-07-20-1,6086
THIS LEASE, made this day of 19 in
accordance with the Act of Congress approved June 17, 1902 (32 Stat. 388) and
all other amendatory or supplementary acts, by and between THE UNITED STATES
OF AMERICA, acting by and through its Bureau of Reclamation, Department of the
Interior (United States) , represented by the officer executing this instrument
on its behalf, and the CITY OF REDDING, California (Lessee) , a municipal
corporation.
RECITALS:
The United States acquired land and constructed the Spring Creek Power
Conduit, a feature of the Trinity River Division, Central Valley Project; and
I
The Lessee wishes to lease a portion of the land acquired for the Spring
Creek Power Conduit in order to construct, operate and maintain its water
treatment plant and appurtenances, hereinafter called "water treatment
facilities" , at a location north of the City of Shasta, on the north side of
the Spring Creek Power Conduit and east of Benson Drive, where the Conduit is
an exposed siphon; and
The United States has found that the Lessee's use of a portion of the
land acquired for the Spring Creek Power Conduit is not, at this time, an
interference with the purposes for which the United States acquired the land.
IT IS AGREED:
1. In consideration of the terms, conditions and covenants contained
herein, the United States does hereby lease to the Lessee a 29.4-acre parcel
of land located in the west half of Section 13, T. 32 N. , R. 6 W. , M.D.M. ,
for the purposes of constructing, operating and maintaining the Lessee's water
treatment facilities, more particularly described on Exhibits "A" and "B"
attached hereto and made a part hereof.
Y
I 2. The term of this lease shall begin on the date hereinabove first
written and unless otherwise terminated shall continue for a period of fifty
(50) years from that date, so long as in the opinion of the United States it
is considered not detrimental to the public interest.
3. Upon acceptance of the lease by Lessee, the Lessee shall pay to the
United States the sum of TWENTY-FOUR THOUSAND DOLLARS ($24,000) for the use of
United States land.
4. As part of the consideration for the land use, the Lessee shall
provide sufficient treated water for the exclusive use of the United States
operation at Keswick Dam, with the agreement that water will not be sold or
exported. This water will be provided at no cost to the United States,
through the three turnouts shown on Sheet 9 of 30 of the plans referred to in
Item 7 below, and by reference made a part hereof.
5. The lease shall be subject to all existing rights-of-way of record
in favor of the public or third parties on, over, and across the leased land.
6. The United States reserves the right to grant ingress and egress to
and across the leased premises to Pacific Bell and Pacific Gas and Electric
Company, as well as to the Lessee. The Lessee shall construct and maintain a
gate located near the Benson Road site access and a gate and turnaround on the
east end of the water treatment facility, and shall be approved by the United
States prior to the construction.
7. All construction work shall be accomplished to the satisfaction of
the United States and shall be in full accordance with the previously approved
plans entitled "Construction Plans for City of Redding Buckeye Water
Transmission Main" dated October 20, 1992, by the Boyle Engineering
Corporation of Sacramento, on file at the Bureau of Reclamation's Sacramento
office. Upon completion of construction, Lessee shall provide to the United
States three complete sets of as-built drawings.
8. Insofar as the United States is legally authorized to do so, it
shall hold City harmless from any damages or injury resulting from the
construction work provided herein. In so doing the United States does not
intend to nor does it hold City harmless from any damages or injury arising
out of or resulting from any negligent acts or omissions of any City agent or
employee, nor is this article intended to confer any liability upon the United
States not presently existing under Federal law.
9. This lease is for and limited to the specific purposes set forth
herein and it shall not constitute nor be construed as any surrender of the
jurisdiction and supervision over the remaining interest in the leased land.
The United States is not and shall not be obligated to perform any functions
whatsoever in connection with the use thereof by the Lessee.
i
10. The Lessee shall not sublet any interest in this lease, nor shall
the lease be transferred in whole or part except upon terms, conditions and
the written consent of the United States.
11. This lease shall terminate and all rights of the Lessee hereunder
shall cease, and the Lessee shall quietly deliver to the United States
possession of the leased land in like condition as when taken, reasonable wear
and damage by the elements excepted:
(a) At the expiration of the term as provided by Article 2; or,
(b) On the first day of any year, upon written notice to the
Lessee, served one year in advance thereof; or,
(c) After failure of the Lessee to observe any of the terms,
conditions and covenants of this lease, and on the tenth day following service
of written notice on the Lessee of the termination because of failure to
observe such condition; or,
(d) Upon mutual agreement of both parties hereto.
The notices provided by this Article shall be served by certified mail
addressed to the respective post office addresses given at the foot of this
lease, and the mailing of any such notice properly enclosed, addressed,
stamped, and certified, shall be considered service.
12. In the event Lessee should fail to maintain the land within the
leased area in a condition satisfactory to the United States, the United
States may at any and all times take such action as may be necessary to
correct the problem, and the Lessee shall, upon receipt of an itemized
statement, reimburse the United States for all costs.
13. The Lessee shall correct or modify any pollution of the soil, air
or water and deterioration of living or inanimate resources caused by or
resulting from the exercise of the privileges granted by this lease in
accordance with all applicable laws, rules and regulations concerning the
environment including but not limited to pollution of streams, ground water,
use, transport and disposal of waste, including hazardous waste, discharge of
refuse, garbage, sewer effluent and industrial waste.
14. The Lessee shall comply with all local zoning requirements during
the term of this lease.
15. All utilities, such as electric, telephone and gas services, as
well as garbage, sewer and drinking water services shall be provided by the
Lessee at the Lessee's expense.
3
.I
j16. Upon request by the United States the Lessee shall grant to the
'i officers, employees, and agents of the United States access to the leased land
for all purposes for which the land was acquired and to review compliance of
the terms and conditions of the lease.
17. The Lessee hereby agrees to indemnify and hold harmless the United
States, its employees and agents, from any loss or damage and from any
liability on account of personal injury, property damage, or claims for
personal injury or death arising out of the Lessee's activities under this
" lease.
18. No member of or delegate to Congress or Resident Commissioner shall
be admitted to any share or part of this lease or to any benefit to arise
therefrom, but this restriction shall not be construed to extend to this lease
if made with a corporation or company for its general benefit.
19. The Lessee warrants that no person or agency has been employed or
retained to solicit or secure this lease upon an agreement or understanding
for a commission, percentage, brokerage, or contingent fee except bona fide
employees or bona fide commercial agencies maintained by the Lessee for the
purpose of securing business. For breach or violation of this warranty the
United States shall have the right to revoke this lease without liability or
in its discretion to require the Lessee to pay the full amount of such
commission, percentage, brokerage, or contingency fee to the United States.
IN WITNESS WHEREOF this lease is given as of the date first above
written.
THE UNITED STATES OF AMERICA
By
Assistant Regional Supervisor of
Water and Power Resources Management
Bureau of Reclamation
2800 Cottage Way
Sacramento CA 95825
ACCEPTED:
CITY OF REDDING
By
Title
Address
FORM APPROVED
4 D..��OO�
CITY LEGAL D
I
i
Three tracts of land in Section 13, Township 32 North, Range 6 East,
Mount Diablo Base and Meridian, being portions of Parcel Two (Unit
SCD-3) as described in the Notice of Lis Pendens recorded April 10,
1961 in Volume 663 at Page 73 , and Parcel Three as described in the
Grant Deed to the United States of America recorded May 23, 1960 in
Volume 635 at Page 296, and also a portion of the land described in
the Grant Deed to the United States of America recorded in Volume
822 at Page 63, all Official Records of Shasta County, California;
also being a portion of Lot 1 as shown on the Bureau of Land
Management Plat of said section dated February 9, 1961; said tracts
being more particularly described as follows:
Tract One
A tract of land in said Parcel Two, Parcel Three, and said Lot 1;
M Commencing at the South Quarter Corner of said Section 13, thence
�9 along the mid-section .line of said secton North 02027'40" East
946.42 feet to the True Point of Beginning of said parcel; thence
continuing along said mid-section line North 02027'40" East 133. 56
jfeet; thence leaving said mid-section line North 80011'47" East
270.00 feet; thence South 09048'13" East 50.51 feet; thence North
80011'47" East 463.00 feet; thence North 47048'04" East 287.00 feet;
w thence North 60026'30" East 376. 19 feet; thence North 70°23'51" East
Y 211.78 feet; thence North 19036'09" West 215.83 feet; thence North
70023'51" East 1105.46 feet; thence South 19036'09" East 525.20
feet; thence South 70023'51" West 458.67 feet; thence South
08045'11" West 429.72 feet; thence North 81031'01" West 653.89 feet;
thence South 80011'47" West 1498.83 feet to the point of beginning,
containing an area of 24.05 acres, more or less.
Tract Two
A strip of land being the northerly 100.00 feet of that certain
parcel of land described in the Grant Deed to the United States of
America recorded February 3, 1965 in Volume 822 at Page 63,
Official Records said county, containing an area of 0.20 acre, more
or less.
Tract Three
A strip of land in said Lot 1 having a uniform width of 150.00 feet
where measured at right angles or radially lying within 100.00 feet
on the easterly side and lying within 50.00 feet on the westerly
side of the following described line:
Commencing at the Southeast Corner of said Section 13, thence along
the easterly line of said section North 01020'05" East 357.23 feet;
thence leaving said line North 84°39'50" West 707.54 feet along the
northerly line of the"Dunn Bros. Consolidated Quartz Mining Claim"
as described in the Decree of Distribution recorded September 7,
1955 in Volume 469 at Page 249, Official Records of said county, to
the True Point of Beginning ; thence along a tangent curve concave
to the East an arc distance of 233.62 feet to a point (last said
point bears North 01°43'47" East a chord distance of 233.09 feet
from the beginning of said curve) ; thence North 08025'21" East 168.8
EXHIBIT "A'
feet more or less, to a point of terminus in the southerly line of
hereinbefore described Tract One in that certain course described as
"North 81031'01 West 653.89 feet"; the sideline boundaries of said
Tract Three are to be lengthened or shortened, as the case may be
so as to begin in said northerly line (469 O.R. 249) , and terminate
in said Tract One southerly line, containing an area of 1.4 acres,
more or less.
Buckeyel
February 25, 1993
Qi� 8N
1.662.000E -- Y a -- --
i
3 �
Y,. 1,N2.274d!EiL
,
1.86 J,000E
f a719.89' I --
N �X1.1
v
�m
1
N
I
a�
<7 Z 1.861,000E -
1\
�-- I
�m
,
� E I
� l •1 0� I
i I I
1.865,000E
n
m=
- - - -
NO'S TIO•E 2976_77' �'
357.23'N1,20EASf XCIION INE
rr l�
co
rr
�I, fi21
-
_ C
�44�rR44
rl n
C . o g
gq
Z y e m sp�ji�1 ,S,
a 6
1 1 �RQt.� B
e. Rtl�