HomeMy WebLinkAboutReso 92-455 - Approve & Authorize the Mayor to sign the right-of-way grant/temp use permit (#30708) between COR & US Dept of Interior, Bureau of Land Mgmt, for existing Waterline Easements li
RESOLUTION NO. cI2 G -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE RIGHT-OF-
WAY GRANT/TEMPORARY USE PERMIT (SERIAL NUMBER CA 30708)
BETWEEN THE CITY OF REDDING AND THE UNITED STATES
DEPARTMENT OF THE INTERIOR, BUREAU OF LAND MANAGEMENT, FOR
EXISTING WATERLINE EASEMENTS.
IT IS HEREBY RESOLVED by the City Council of the City of Redding
as follows:
1 . That the City Council of the City of Redding hereby
approves the above-mentioned Right-of-Way Grant/Temporary Use Permit
between the City of Redding and the United States Department of the
Interior, Bureau of Land Management, a true copy of which is attached
hereto and incorporated herein by reference.
2 . That the Mayor of the City of Redding is hereby authorized
and directed to sign said Right-of-Way Grant/Temporary Use Permit on
behalf of the City of Redding; and the City Clerk is hereby
authorized and directed to attest the signature of the Mayor and to
impress the official seal of the City of Redding thereto.
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 3rd day of Noved:)er 1992, and was duly adopted at
said meeting by the following vote:
AYES: COUNCIL MEMBERS: Anderson, Arness, Dahl, Kehoe & Moss
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
e
CHARLIE MOSS, Mayor
City of Redding
N
AST: FORM PROVED: LR
CONNIE STROHMAYER, ,Oity Clerk RANDALL A. HAYe, City Attorney
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FORM 2800-14 Issuing Office
(August 1985) Redding Resource Area
UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
RIGHT-OF-WAY GRANT/TEMPORARY USE PERMIT
SERIAL NUMBER CA 30708
1. A right-of-way is hereby granted pursuant to Title V of the Federal
Land Policy and Management Act of October 21, 1976 (90 Stat. 2776; 43
U.S.C. 1761) .
2 . Nature of Interest:
a. By this instrument, the holder:
City of Redding
760 Parkview Drive
Redding, CA 96001
!� receives a right to construct, operate, maintain, and terminate
a(n) water pipeline, on public lands described as follows:
� 3 3 3 3 3 SWkSW;NW aSW a,
Lots 17, 20, 26, Sec. 3; Lot 16, S2SWaNEaSWaNEa, a
Sec. 14, T. 32 N. , R. 5 W. , M.D.M.
SE4NW4, Sec. 35, T. 33 N. , R. 5 W. , M.D.M.
b. The right-of-way or permit area granted herein is 10 feet wide,
5700 feet long and contains 1. 31 acres, more or less.
C. This instrument shall terminate on December 31, 2022, unless,
prior thereto, it is relinquished, abandoned, terminated, or
modified pursuant to the terms and conditions of this instrument
or of any applicable Federal law or regulation.
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d. This instrument may be renewed. If renewed, the right-of-way or
permit shall be subject to the regulations existing at the time
of renewal and any other terms and conditions that the authorized
officer deems necessary to protect the public interest.
IIe. Notwithstanding the expiration of this instrument or any renewal
thereof, early relinquishment, abandonment, or termination, the
provisions of this instrument, to the extent applicable, shall
continue in effect and shall be binding on the holder, its
j successors, or assigns, until they have fully satisfied the
obligations and/or liabilities accruing herein before or on
account of the expiration, or prior termination, of the grant.
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3 . Rental:
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For and in consideration of the rights granted, the holder agrees
it to pay the Bureau of Land Management fair market value rental as
determined by the authorized officer unless specifically exempted
from such payment by regulation. Provided, however, that the
rental may be adjusted by the authorized officer, whenever
necessary, to reflect changes in the fair market rental value as
determined by the application of sound business management
principles, and so far as practicable and feasible, in accordance
with comparable commercial practices.
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4 . Terms and Conditions:
a. This grant or permit is issued subject to the holder's compliance
ii with all applicable regulations contained in Title 43 Code of
I� Federal Regulations part 2800.
'I b. Upon grant termination by the authorized officer, all
improvements shall be removed from the public lands within 90
j days, or otherwise disposed of as provided in paragraph (4) (d) or
as directed by the authorized officer.
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C. Each grant issued for a term of 20 years or more shall, at a
minimum, be reviewed by the authorized officer at the end of the
20th year and at regular intervals thereafter not to exceed 10
I� years. Provided, however, that a right-of-way or permit granted
herein may be reviewed at any time deemed necessary by the
authorized officer.
d. The stipulations, plans, maps, or designs set forth in Exhibit
A, attached hereto, is incorporated into and made a part of this
grant instrument as fully and effectively as if it were set forth
i� herein in its entirety.
e. Failure of the holder to comply with applicable law or any
provision of this right-of-way grant or permit shall constitute
grounds for suspension or termination thereof.
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f. The holder shall perform all operations in a good and workmanlike
ii manner so as to ensure protection of the environment and the
health and safety of the public.
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IN WITNESS WHEREOF, The undersigned agrees to the terms and conditions of
this right-of-way grant or permit.
(Signature of Holder) (Signature of Authorized
Officer)
(Title) (Title)
(Date) (Effective Date of Grant)
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