HomeMy WebLinkAboutReso 91-265 - Approve & Authorize the mayor to sign right-of-way grant/Temp use permit (Serial # CA 27604) between COR & US Dept of Interior, Bureau of Land Mgmt, for Const, Operation, Maint, & Term of water storage tank, access rd, & water pipeline for B RESOLUTION NO. 91-
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 27604)
BETWEEN THE CITY OF REDDING AND THE UNITED STATES
DEPARTMENT OF THE INTERIOR, BUREAU OF LAND MANAGEMENT, FOR
THE CONSTRUCTION, OPERATION, MAINTENANCE, AND TERMINATION
OF A WATER STORAGE TANK, ACCESS ROAD, AND WATER PIPELINE
FOR THE BUCKEYE WATER STORAGE RESERVOIR.
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 2nd day of July 1991 , and was duly adopted at said
meeting by the following vote:
AYES: COUNCIL MEMBERS: Arness, Buffu[n, Fulton, Moss & Dahl
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
MIKE DAHL, Mayor
City of Redding
ATTEST: FO PPROVED:
2"v-g ..
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ETHEL A. NICHOLS, City Clerk R . DALL A. HAYS, C ty Attorney
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` FORM 2800-14 Issuing Office
(August 1985) Redding Resource Area
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' UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
RIGHT-OF-WAY GRANT/TEMPORARY USE PERMIT
SERIAL NUMBER CA 27604
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, California 96001
receives a right to construct, operate, maintain, and terminate
a(n) water storage tank, access road, and water pipeline, on
public lands described as follows: Lot 30, Deed from USBR,
Section 10; Lot 11, Section 11, T. 32 N. , R. 5 W. , M.D.M.
b. The right-of-way or permit area granted herein is * feet wide,
feet long and contains 1. 68 acres, more or less. If a site type
facility, the facility contains n/a acres.
* The road is approximately 1650' long by 30' wide = 1. 14 acres;
the waterline is approximately 160' long by 10' wide = 0. 04 acre;
the water storage tank site is approximately . 5 acre.
C. This instrument shall terminate on December 31, 2040, 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.
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.
e. 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
successors, or assigns, until they have fully satisfied the
obligations and/or liabilities accruing herein before or on
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account of the expiration, or prior termination, of the grant.
3 . Rental:
For and in consideration of the rights granted, the holder agrees
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.
4 . Terms and Conditions:
a. . This grant or permit is issued subject to the holder's compliance
with all applicable regulations. contained in Title 43 Code of
Federal Regulations part 2800.
b. Upon grant termination by the authorized officer, all
improvements shall be removed from the public lands within 90
days, or otherwise disposed of as provided in paragraph (4) (d) or
as directed by the authorized officer.
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
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(s)
! A (Drawings) , B (Stipulations) and C (Plan of Development) ,
attached hereto, are incorporated into and made a part of this
grant instrument as fully and effectively as if they were set
forth herein in their entirety.
e. Failure of the holder to comply with applicable law or any
provision of this right-of-way grant or permit shall constitute
i grounds for suspension or termination thereof.
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f. The holder shall perform all operations in a good and workmanlike
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)
(Signature)
' een M A A n
(Title)
C LEG
(Date)
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BUREAU OF LAND MAEMENT
REDDING s
( EXHIBIT A
Date .—
\ Se ' b
DRAWING NO.
A
_TANK SITE
SHEET OF
JOB NO.
c B/S NO.
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Exhibit B
Stipulations
Right-of-Way CA 27604
The following stipulations address administrative concerns, and
have not been developed in response to mitigation measures
identified in the environmental assessment:
1. The holder shall construct, operate, and maintain the
facilities, improvements, and structures within this right-
of-way in strict conformity with the plan(s) of development
which was (were) approved and made part of the grant on
April 12 , 1991. Any relocation, additional construction, or
use that is not in accord with the approved plan(s) of
development, shall not be initiated without the prior written
approval of the authorized officer. A copy of the complete
right-of-way grant, including all stipulations and approved
plan(s) of development, shall be made available on the right-
of-way area during construction, operation, and termination
to the authorized officer. Noncompliance with the above will
be grounds for an immediate temporary suspension of activities
if it constitutes a threat to public health and safety or the
environment.
2 . The holder shall not initiate any construction or other
surface disturbing activities on the right-of-way without the
prior written authorization of the authorized officer. Such
authorization shall be a written notice to proceed issued by
the authorized officer. Any notice to proceed shall authorize
construction or use only as therein expressly stated and only
for the particular location or use therein described.
3 . Upon completion of construction, the holder shall post as
directed by the authorized officer, the Bureau serial number
s assigned to this right-of-way grant at the following
location(s) : reservoir tank.
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EXA41 IT C
i Plan of Development
City of Redding Right-of-Way
Water Storage Reservoir, Access Road and Pipeline
A. Project Description
1. Purpose and need for the right-of-way.
a. One 3 . 5 million gallon reservoir will occupy a site
that is half on public land and half on private property.
The reservoir will be used to supply water to the Buckeye
area of the City of Redding.
b. The reservoir site will be approximately .5 acre on
public land. The facilities will include an access road
and water pipeline, encumbering approximately 1.7 acres
of public land altogether.
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C. The reservoir site will be . 5 acre, the road width
will be 30 ' and the waterline width will be 101 .
Construction right-of-way will need to extend outside of
the permanent right-of-way.
d. Right-of-way will be needed as long as the tanks and
pipelines are in place, indefinitely.
' 2 . Right-of-way location.
a. Lot 30, Deed from USBR SAC 060205, Section 10; Lot
4 11, Section 11, T. 32 N. , R. 5 W. , M.D.M.
b. See attached.
C. See attached.
3 . Alternatives considered.
The reservoir could be placed further west, but this
location is closer to the distribution system.
4 . Additional required authorizations.
None required.
f 5. Hazardous waste.
No hazardous waste will be used or transported on this
right-of-way.
B. Resource Values and Environmental Concerns
1. Compatible with land use plans.
The proposed right-of-way conforms with local government
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plans and zoning restrictions.
2 . Conflicts with any known resource values, environmental
concerns, or public needs.
Approximately 2+ acres of soil and vegetation will be
disturbed during construction. There is an existing
mining claim; however, the claimant has given us
permission to construct the facility on his mining claim.
C. Construction of the Right-of-Way
1. Facility construction data.
No construction or routine maintenance activities will
be performed during periods when the soil is too wet to
adequately support construction equipment. If such
equipment creates ruts in excess of 6" deep, the soil
shall be deemed too wet to adequately support
construction equipment.
a. The water pipeline will be 16 and 24 inches diameter,
buried 36 inches deep, ductile iron pipe.
b. Not applicable.
C. The road will consist of a 24 foot graveled roadway
over a 30 foot earthen section, with a maximum grade of
15%. The road construction will incorporate roadside
ditches and culverts at the water crossings. The roadway
surface will have minimum of 6" Class II base.
d. Not applicable.
2 . Work force information.
M
Not applicable.
3 . Flagging and staking of the right-of-way.
Prior to any construction activity, the roadway cut and
fill slopes will be staked and flagged, the limit of
clearing will be staked and flagged, and final centerline
will be established. The same will be done for the
reservoir site and the water pipeline route. The
engineered drawings will be approved by BLM before a
notice to proceed with construction is issued.
4. Clearing and grading of the right-of-way.
The work crews will trim trees in preference to cutting
trees and will cut trees in preference to bulldozing them
as directed by the authorized officer.
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5. Access to and along the right-of-way during construction.
Access to the site will be via Quartz Hill Road, to
Herbascenta Drive, then along a private driveway; the
powerline access road will also be used, for which
authorization has been received.
6. Contingency planning.
Bob Russell, 760 Parkview AVenue, Redding, CA 96001.
D. Fire Plans
1. Preventive measures.
Preventive measures will include but not be limited to
spark arresters on all equipment and a water truck on
site during construction activities.
2 . Suppression actions.
Contractor will take the necessary action should a fire
occur and make every effort to suppress the fire.
3 . Notification of proper public authorities.
Contractor will notify the City of Redding Fire
Department in case of any fire activity.
E. Stabilization and Rehabilitation
1. Soil replacement and stabilization.
All cut material will be used in fill section on the
roadway or utilized in fill section at the tank site.
2 . Disposal of trees, stumps, and brush cut on the right-
of-way.
ight-
of-way.
All brush will be abated in accordance with the City Fire
r Marshall's Office and the Shasta County Air Pollution
Control Board, or hauled to the City landfill, or mulched
on site. All stumps will be hauled to the City landfill
or mulched on site.
3 . Seeding specification.
All cut and fill slopes will be hydroseeded in accordance
with the erosion control measures outlined in the City' s
Grading Ordinance. All sheet and concentrated flows will
be addressed with straw bales or sedimentation basins to
control sedimentation transportation.
4 . Use of fertilizer.
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Not applicable.
F. Termination and Restoration
Not applicable.
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