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CALENDAR ITEM
A 34
s 16, 25
AMENDMENT OF LAND EXCHANGE BETWEEN
12/12/89 w 40243 SA 5666 "'' ·2 31 sa Willard
CITY OF LOS ANGELES DEPARTMENT OF WATER AND POWER, AND STATE LANDS COMMISSION AT OWENS LAKE, INYO COUNTY
BACKGROUND:
on June 21, 1984, in Calendar Item 46, and on nugust 21, 1964, in Calendar Item 49, the Commission approved two land exchanges between the State Lands Commission and the City of Los Angeles (City) (Exhibits 11 C11 and "D"). Staff proposes to modify· one exchange and to rescind the other.
For the past eight years, the Commission staff has worked to secure an upland site adjacent to OWens Lake to serve as a processing site for trona presently mined in the lake bed. As originally contemplated, two land exchanges were needed to assemble a 482-acre site and were authorized in 1984. They have never been consummated.
Since the or.iginal exchange authorizations, it has also become necessary to modify the configuration of the exchanges to accommodate changes in appraised value and the refusal of the City to accept one parcel of land because of access problems. Specifically to the former. more school lands in Kern County have been added to the exchange to add value because of the deletion of lands at Bartlett, Inyo County. The City's problems with access, as to the Bartlett lands, were bec~use of the presence of railroad tracks and highway easements.
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CALENDAR ITEM NO. 3 8 (CONT'Dl
Further, the State's lessee has indicated it needs less land than anticipated and that it woul~ not, therefore, lease Parcel B. The exchange between the City and the Commission, as originally planned and involving parcels A and B, is no longer necessary.
Staff proposes that the exchange dated June 21, 1984 be rescinded because the property is no longer needed for the processing project site. Staff also proposes that the Commission acquire lands described as Parcel C from the City in exchange for lands described as Parcel D and Parcel E. The City will convey an easement for access across its retained lands for Parcel C (see Exhibits "E" thru "J") A ·draft Memorandum of Understandins regarding the exchange is attached hereto as Exhibit "K".
~he lands proposed to be exchanged out of the State are school lands and proprietRry lands. The same characterization must be preserved in the lands proposed to be acquired by the State as to value. Staff proposes that Parcel c be apportioned between school and proprietary lands as shown on Exhibit "L" hereto.
Parcel c is traversed by an abandon~d railway line owned by .. the Southern Pacific Railroad. A railway crossing p~rmit from Soufh.ern Pacific is needed to ensure full access to Parcel ·C. Staff recommends that the permit be obtained.
AB S84: NIA.
OTHER PERTINENT INFORMATION: I. Pursuant to the Commission's delegation bf
authority and the State CEQA Guidelines (14 Cal. Code Regs. 15061), the itaff fias determined that this activity is exempt from the requirements of the CEQA because the attivity is not a "project" ·as defiri~d
·by CEQA and the State CEQA Guidelines.
Authority: P.R.c. 21065 and 14 Cal. Code Regs. 15378.
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CALENDAR ITEM NO. 3 8 (CONT 'Jll.
EXHIBITS: A·. Site Map: Inyo County. B. Site Map: Kern County. c. Calendar Item 46 (June 21, 1984). D. Calendar Item 49 (August 21, 1984). E. Parcel C Inyo County Property Description. F. Parcel C Inyo County Parcel ·Map G. Parcel D Inyo County Property Description. H. Parcel D Inyo County Parcel Map. I. Parcel E Kern County Property Description. J. PaPcel E Kern County Parcel Map. K. MOA between State Lands Commis$ion and City
of Los Angeles. L. Proposed Characterization of Larids in
Parcel c.
IT IS NECOMMENDED THAT THE COMMISSION:
1.
2.
3.
4.
s.
FIND THAT THE ACTIVITY IS EXEMPT FROM THE REQUIREMENTS OF THE CEQA PURSUANT TO 1~ CAL. CODE REGS. 1S061 BECAUSE fHE ACTIVITY IS NOT A PROJECT AS DEFINED BY P.R.C. 21065 AND 14 CAL. CODE REGS. 15378.
RESCIND THE LAND EXCHANGE AUTHORIZED IN C~LENDAR ITEM 46, JUNE 21, 1984.
MODIFY TH~ LAND EXCHf\NGE A.UTHORIZEO If<J CALENDAR ITEM 4?·, AUGUST 21, 1984, TO CONFORM TO LANDS. DESCRIBED IN TH~T CERTAIN MEMORANDUM OF AGREEMENT SUBMITTED BY TH£ CITY Of LOS ANGELES ON OCTOBER 19, 1989, ATTACHED HERETO AS EXHIBIT "K".
APPROVE THE DIVISION OF LANDS IN PARCEL C TO REFLECT INTERESTS OF THE SCHOOL LAND TRUST AND ~HE ST~TE SOVEREIGN LAND TRUST IN THAT PARCEL (EXHIBIT 11 1:: 1i). . .
AUTHORIZE STAFF TO PURSUE ACQUISITION .OF AN ACCESS PERMLT FROM THE SOUTHERN PACIFIC RAILROAD IN PARCEL C.
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400111 ~'at .. 1 6 7 ~oAA PAQ1- 41 0 S
. 11.11NUTE PAGE--""""''---·•
EXHIBIT"A"
SITE MAP Parcels "C", "D ... and
"SIS" Parcel W23158
OWENS LAKE INYOCOUNTY
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EXHIBIT"B"
SITE MAP PARCEL"E" w 23158
.... :
INDIAN WELLS VALLEY KERN COUNTY
APPLICANT:
LAND EXCHANGE WITH CITY Of LOS ANGELES
Department of water and Power City of Los Angeles
PROPOSED AUTHORIZATION: Approval of a land exchar.go involving parcels . in Inyu county.
PROPOSED PROJECT: Lake Min3rals Corporation holds a lease from
Added 6/.18/84
the commission for the mining of trona in t~e bed of owens Lake. Lake Minerals proposes to significantly expand its operations and requires a larger upland ~ite adjacent to its leasehold. That property is now oclned b~ the City of Los Angeles and the United States. Under the proposed"project the State would acquire this City and federal land in exchang~ for State owned·lands in Kern and Inyo Counties. The land would then be lea~ed to Lake Minerals Corporation.
This exchange involves a 20-acre parcel of federal land which is littoral to owens Lake. The proposal is for the State to acquire this parcel through the indemnity se~ection pro~~ss and then conuoy it through an e~change to the City. The parcel has been withdrawn from sale by the United Stat~e under a withdrawal for protection of water resour.~es in fauor of -Los Angeles. The City is willing to consent to a lifting of the withdrawal if the Commission ~ill transfer water righ~s to it durin9 the exchange. The commission's authorization for the exchange is needed at this ti~ in order to secure the City's approval of the transaction. ·-·
r-rr.ALENOAR PAGE- ( 7 Q_v ~MIM~fTE PAG~ • ·~ ·-~-2 Q 8 -1-
l
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CALENDAR .ITEM iJO. 41,cai;•o)
In the exchange the st~te will retain all minerals a~d the City will convey all mine~als to the State. All statutory and constitutional ease~e~ts will be reserued to the State.
OTtf.ER ~NFC~M~JIQM: l. Pu~suant to t~~ Commission 1 s delogation of
aJthority ani! the Stiit9 CEQA Guid~linas (f4'Cal. Adm. Code 15051), the staff has d~t~rmined that this act"Luity is exempt from t~s r~~u!~ements of tha CEQA under the gane:-al rule that. CEQ~ ca~pli~s ,only to project:. which haue the potential for causing_a.~ignificant effuct on the etiviro~ment. The staff belieues there is no possibi.tity that this project may. have a sign:tf icant effect on i:he environment.
Aut~ority: 14 C~~. "dm. ~o~e 1SO~~(b){3).
STATUTORY REFERENCES:
All 8~4.:
EXHIBITS_:
p ~ R· •. c 62·i6 and PRC 7303 .,5,
NIA.
E~hibit A - Site Map.
Exhibii; & - .oes-:.-.1pJ:.1on of State prop~rt;y- at <>wens ~ake. ·
Exhibit c - Descripticin Qf Ci~y gf lq~- Angeles i:::-o~erty at owe·ns -~~J!~r.
IT IS RECOMMEN~ED tHAT :~~ C~ISS~ON:
1. FINO THAT THE Al?Y'!VIT\' IS EXf.:MPT FROfli THE REQU!REM~NfS OF THE CEQA ruRSUANT To 14 CAL.· ADM. ,cooE iso61 -6Ec~tisE ;THERE rs No Possr:sxt tTY rttnr THE ACTIVITY MAY li~'!f A· ~IGNIF rcANT EffECT ON Ttif. ENUIRO~Ei..1. (14 CAL. ADM., CODE ,J:S06l(b),p)).
l·. APPROVE THE £xc.::iANGE OF ~C) ACRES OF STAlJ:: ~Er,. LAND FOR 20 ACK'.':S Of LAruo··cw__,EO rJY THE DEPARTMENT '.OF '"11\i;ER A11fO. POWCR~ CtT't ()f LOS ANGELES ~S DESCRIBED IN- EXHI'GITS B ANO C TO Tt!IS '1cAL£K~OAR ITEM. S"cfffU:'i"ORY ~~o c°"-'$TITUTIONAl EA~Ei,ENiS TO ~f RESERVED B\' THE ST~TE. MlNERAlS IN aorn PARCELS WILL at E!'f1~ER RESERVED Of? CONUEVEO To."1 H>2 STATE. HATE~ RIGHTS ,lN JvTll PrrRC~LS WILL !!~ EITHER R£$El~u~·ro~r:~------.,· -1---..--; tOft'!:ZYft> TO 'fHE CITY Or LOS ANGEt.ES. !CALENDAR f>AGE-~-t:-!,--
'Added 6/10/'64
Revised 6/1~/64 ' ' '.
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EXHIBIT "A"
"' 40243
Added 6/18/84
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EXHIBIT "B"
LANO DESCRIPTION w 40243
.,.
A parcel of land situated in lnya County, California, rnore ~articularly described as foli~s:
The fractional SW•l/4 of SE-1/4 of fractional Section 5, T18S R37E, MOH, according to the official plat th~re<>f, dated Augus;t ;.3~ 1856. ·
END OF OESCRIPTIOlf
PREPARED JUNE 1, 1984 BY B~UNDARY INVESTIGATION UNIT, ROY MINNICK, SUPERVISOR
Added 6/19/84
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EXHIBIT •c• LAND DESCRIPTION
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w 40243
A parcel of· land situated in Inyo County, Califo.-nia, more ·particµlar,ly described as follaws:
Th2 W-1/2 of H-l/2 of Lot 1 of SW-l/4·of fractional Section 6, TI8S R31E, MOM, accordir.g to official· plat thereof, dated August 13, 1856. · · .
ENO OF DESCRIPTION
PREPARED JUNE 1, l.984 by BOUND.l\RY INVESTIGATION' UNIT, ROY·MINNICK, SUPERVISOR
.Ct\LENOAR PAGE .. ~ 'f 4 t b,,,mura PAGE ' 2 -r2 \ ' . , .. : : : :::e=;
Added· -..i/18/84
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A 34
s 16,25
APPLICANT:
CALENDAR ITEM
LAND EXCHANGE WITH CITY OF LOS ANGELES
Department of Water and Power City of Los Angeles.
06/21/84 w 40243 Frey ~riclf'
SA 5666
SLL 125
PROPOSED AUTHORIZATION: ' Approval of a land exchange involving par~els. .. =in Inyo and Kern Counties .
PROPOSED PROJECT:
.... . ..... ~: ..
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II) .(N~N-SUBST~IVE ·~)· .
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Lake Minerals Corporation holds a lease from the Commission for the mining of trona in the bed of Ott.lens Lake. Lake Minerals proposes to ·significantly expancl its operations and requires a larger upland ~ite adjacent t~ its leasehold. Jhat property ~s now owned by ~he City of tos Angeles. Under the proposed project the State w6uld acquire this City land in ·
·. exchange for State otuned lands in Kern and ·rnyo Counties. Th·e land would then be leased to Lake
. Minerals CorJ,oration • . • . The e~change involu~s the acquisition of 462 acres of city propert·y on the wast side of OUJens Lake. It consists of uplands &nd lake land location property. ln exchange for this. the State will conuey to the City 278 acres of school land· in Kern County and 161 acres of land at OWens Lake. The Kern parcel is trauarsed by the aqueduct. The City oums an· easement ou.er it for water transportation. The owans Lake parcel is. uplands property. lt tAJas -acquired by donation from PPG in 1983. The ·city will retain water rights over land C()m.H?yed ·.o the State and I.Ifill convey all rnineral rights to the State. The State will retain all miheral
_rights on property conueyed to the City. ·
." All statutory and constitutional easements will ·· be reserved to ·the State in the· exchange.
.·' ~~.- • ii'CAl.EN--D-A-R-PA-_G-E~~--. ......,,., """J"""5--·i REVISION 03/27/85) -1- h111N1tn:P.AGE ··--·~·z1 J_I
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~Mm! FAGE 1 9.93----
CLAENDAR ITEM rt. -~ 9 (CONT'D)
OTHER PERTINENT INFORMATION: 1. The land eroposed to be conveyed to the
Ci~y of Los Angeles. in Kern County, has been designated ~s possessing significant environmental values, Class "B". During the ganeral plan process. the staff evaluated this parcel. Based upon its on-~ite inspection and consultation with other public agencies. staff believes that this particula~ parcel does not meet the criteria established to determir.e whether lands possess ~ignificant environmental ualues. Therefore. staff believes that this parcel does not possess significant enuironmental values and is not subject to the prouisiohs of P.R.C. Section 6370.2.
2. P.R.C. SG~tion 6373. provides that prior to · the conveyance cf significant lands to other parties, the intended recipient shall submit to the Commission and to the Legislature~ a general plan as specified by the Commission. for the use of the lands to be transferred~ together l.Ldt:h the reuiew and comments of other int~rested Stat~ agencies.. The nominating and other agli?ilcies were contacted and they uoiced nQ objections to the exchange.
3. Pursuant to the Commission's delegation of authority and the State CEQ:!\ Guidelines (14 Cal. Adm. Code 15061), the staff has determined that this actiuity is exempt from t~e requirements of the CEQA under the gener~l rule that CEQA applie$ only to projects which haue the potential for causing a sig~ificant effect on the . enuironment. The staff belieues there is no possibility that this project may hau~ a significant effect on the environment.
Authority: .14 Cal. Adm. Code 15061 (b) (3).
STATUTORY REFERENCES: P.R.C. 6216 ~nd P.R.C. 7303.S.
A6 -684: NIA.
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CLAENDAR ITEM N0.4.9 (CONT'D)
EXHIBITS: A. Site Map. B. Description of State
County. pruperty in Kern
c. Description of State County.
property in Inyo
D. D"escription of City property at Owens Lake.
IT iS RECOMMENDED THAT TME COMMISSION:
1. FIND THAT THE ACTIVITY IS EXEMPT FROM THE REQUIREMENTS Cf THE CEQA PURSUANT TO 14 CAL. ROM. CODE 1~061 BECAUSE THERE IS NO POSSIBILITY THAT THE ACTIVITY MAY HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT. ( 14 CAL. ADM. CODE 15061 (b) ·(3):,
2. FlND THAT UPON ON-SITE INSPECTION AND CONSULTATIONS WITH KF.RN COUNTY ANO THE STATE OEPART1'4ENT OF FISH ANO GAME, THE LANDS IN KERN COUNTY PROPOSED FOR EXCHANGE DO NOT POSSESS SIGNIFICANT ENUIRONMENT~L ~Al.UES AND ARE NOT SUBJECT TO THE PROVISIONS OF P.R.C. SECTION 6370.2. THAT ?URSUAl\JT TO P.'R.C. 6373 A GENERAL PLAN OF INTENDED USE HAS BEEN CIRCULATED; AND THAT THE COMMENTING AGENCIES HAVE NO OBJECTION TO THE EXCHANGE.
3. APPROVE THE EXCHANGE OF 439 ACRES OF STATE OWNED LAND FOR 462 ACRES OF LAND OWNED BY THE DEPARTMENT OF WATER AND POWER; CITY OF LOS ANGELES AS DESCRIBED IN EXHIBITS 8., C AND D. TO THIS CALENDAR ITEH. STATUTORY AND CONSTITUTIONAL EAStMENTS TO BE RESERVED BV THE STATE. MINERALS IN BOTH PARCELS W~Ll BE EITHER RESERVED OR CONVEYED TO THE STATE. WATER RIGHTS IN BOT~ PARCELS WILL BE EITHER RESERVED OR CONVEYED TO THE CITY OF LOS ANGELES.
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ioo:!IBI'l' •g• IJ\ND DHSCRIPi'lON
A parcel of led oituatfld in Ecarn County, Stato of- California, aore.Plrticulerly 4eac:ribed as follows:
Lots l, 2, 3, 4,. S, G ed 1 of Section 16~ ·1'cnmebip 25 south, Range 38 Bast, MDM, according to ·the Official Plat tber~f, dated ~pri1 4, 1930.
P·RBPARim AUGUST 3, 1984, n DOmn>.w -~liVBSTIGATion UH~T, ROi' MIHNXat, StiPmtVISOR
j~~PAGE 179···-1 lMINUro PAGE 4 2 17 . 1 ----.. • ~- .~ ..... ;........
W23158
LAND DESCRIPTION
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Parcel Ro. 4
.Lot 2 of the fi:aetional sou~iieast 'ji.iiii:~e;: of aec~ion l, Tcmnship 17 south, Range 36 east, MDM, according to the Official Plat tborGOf, dated August 13, 1~56.
The said Parcels 2, 3, 4 and 6 having been previously ~onveyed to Columbia-Southern Chemical Corpor&tion by Pittsburgh :.ate Glass Compt:ny, by Deed dated December 1, 1952, and recorded in Volume 100, Page 363, of Official R~cords of Inyo County. •
~CALENDAR PAGE-~:t.p1._....;~ ~
l'J11Nl.JTE P.~GE= -··--M ; '··--·-----···-··-~~···."'
~PAC1E 3119 ·6 I :t. MINOTit PAQ\! 1 9 9 9, . -J ~~
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EXCEM'ING from the wi tilh~ conveyance of parcels No. 2, 3, 4 1u1d 6, as hereinabove described, the follovir:9 lands ana interests in l~nds heretofore conveyed or granted and ~e excepted and reserved in the said Deed from Pittsburgh Plate Glass Company to ColumbiaSouthern Ci~emical Corporation:
All that certain parcel of land conveyed by Pi ttsburgb Plate Glass Company to the State of California, by Grant De~d, dated July 2, 1952, recorded in Volume 98, Page 117, Official Records of Inyo County, more particularly described as follow~:
A parcel of land lying across the West half of the West half of Section 12, and the West .half of the south~est·quarter of Section l, all in Totmship 17 south, Range 36 East, HDM, in the County of Inyo, .State .of California, which ~aid parcel ~f land is .sore particularly described by ~ete~ and bounds as follows:
BEGINNING at the southwest corner of said Section 12; thence North 0•01 •os• west, along the west line ~f said Section 12, a distan(:e of 1577.68. feet: thence, leaving said west section line, North 4°03' Sast, 1051.~.5 feet; thence along a curve ·to the right 1s1ith a radius of 20080.00 feet through an. angle of 1°50', a distance of 642.51 feet: thence North s·0 53• East, 4662.52 feet to the North line of said West half of the south~est quarter of Se~tion h · thence ~st aloJ'ig said North line, a distanc~ :of 130.68
... feet: thence, leaving said Marth line, South 5°53' West, -4675.91 feet~ thence along a curve to ..t.be left with a radius of 19950.00 fe~t, through an angle of l 0 5oc, a '3istattce of 638.35 feet1 then,'!e
" .. "
S.!>utb 4•03• west, 1206. 74 feei~; thence south 0°32' East, 19~.Q\2 feet: . thence £rem a. ·tangent whic\? ·bears South 11°19'26" West, along h eurve to the left vith a. radius of 3329.20 feet, th~ough an angl~ o: 21•09w20•, a distance of 1229.25 feet to a point on the South line of
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said Section 12; thience We.st a14'ng~, ------..:.....--;~U:NDAA .?!.\GE'_ 1' 8 2 --i.~~::s ?A.-;t= ·-··· ,_4·~-:
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~PAGE. ~309 .7
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said Sauth line of Section 12, a distance of 103.42 feet, to the POINT OF BEGINNING.
Consisting of 22.38 acres, mo:e or less, including 14.49 aerea lying within t~e o:isting highway and vi thin railroa~ right of way.
~. ·.l\LSO .. ~CftT!NG "froa the within conveyance···ct Parcals no. 2, 3, 4 ... and 6, aa .bereinabove deecribed, the -following lands and interests · in .lands heretofore conveyed or granted by the aaid C"'lWJbia-
Soutbern _chemical Corporation:
·.
All that certain parcel of: land ·conveyed ·by Columbia-southern Chemical Corporation to the State ·of California, by. a . .Grant Deed; dated
. .OCtober ·2, l956r.r~c~rded ·1n Volume 123, Page 57~, Official Records· ·of Inyo County, more particularly described as :fol1ovs:
BEGINNING at a point in the West line of said .Section 12, distant North 0°01'08• west, 1577.68 feet from the southwest corner thereof, an anqle point in the westerly li~e of the ·existing State Bigbvay Lands, described in.the Deed, recorded July 16, 1952, in Book 98, Pgge 117, Official records of :Inyo ·Co~~ty, said point al~o being distairit ·North 85°57' West, ·80.00 feet from Engineer's Station . K7 20'+ 91.59 of tbe base line o! St~t~ Highway, Road
· IX-Iny-23-R1 thence, .froa said POINT OF BEGINNING, along said westerly line described· in ·Said .. Deed, Horth 4°03' East, 826. 74 .feet ·to the intersection thereof with the northwesterly line of the ·1929 State Bighwayf per s.c.c. · 2739: thc:nce· South is•oa•os0 west, 227.05 feet to t:he in~eraection .of said northwesterly line ;Of th~ ~929 State Bighwa;r, with said Wiest Section l!nei then~e along said West section line, ~.outh 0°01•oa• East, 605.37 feet, ItOre or less, to the POIN? OF BEGINNING.
j 18 3 • iI it:.,\U:NDAR PAGE- ~2 2
---~ · .. iMINIJTE ?,<\GE __ A- __.:..J_-·· -: - ' .... ..._. ____ .._ _______ _
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Conveyance of all of the parcels hereinabove described, together vi th the appurtenances thereto, is made expressly subject to all legal highways and to any and all v~lid subai:::ting ccnveyanees, condition~, covenants~ restrictions, re~ervations, ~xceptions, rights of vAy, ~aaements, servitudes and encumbrances affecting the see or any part thereof, whether or not specif iaU.y recited in this Deed.
TOGETHER WITS a~.l accretions and rel ictions ac:eruing to said .. ·~5rcel"B ~Ne. 2, 3, -4 ~nd 6 as descdbed in acid ccr.Jf ir~to~y Deed
from C~uabia'!"Southern Chemical Corpou·tion to Pittsburgh Plate Glass .CO'llpany.
EXCEPTING FROM the above lands descri~d in s~id Conf irmat~ry deed from· Coltmabia-southern Chemcial Corporation to Pittsburgh Plate Glass Company, record~d in Vol\!lle 176 O.R. 149, thoae portlons of Rarcels Ho. 2, 4 and 6 deacribe-J as·follows:
Pe."cel 3 as shown on filarcel Map No.' 7G, filed in Parcel Ma[~ Book l, Page 46, .in the Office of the County Recorder of Inyo.~ounty •. ..
ALSO EXCEPTING FROM the .above Confirmatory Deed, those portions desc~ibed as follows:
lands "dea:!ribed in said of ~arcelz ~~~. 3 and 4,
. ·
•· B~INNING at. the .northeast corner of, Parcel No. 1 as shown on $aid Parcel
·Map Noo 70, said point of beginning aleo being the northeast corner of Parcel No. ·3 as described in said Confirmatory ·Deedi thence ·s 00° 58' 46" w 1649.76 feet along the . easterly 1ine of. . .Parc~l No. 1 .. ~o .a l" ·iron pipe :ind tag set on the U •
· s.. Meander line of OWens Lake as shotm O!l said Parcel Hap No. 7C!i, thence along .said ·meander. line . and southeasterly line ·of said Pa.rce1 No. lr the following tt:IO coursen:
l. s 6l0 l4'47" w 586.36 feet;
2. S 38°48' 2811 W 549,:75 feet., to a i• iron pipe and tag set on the southarly line of said Pa~cel mo. l; thence. along said southerly line S e9•55•27• w 1183.35 feet to & point herein designated Point •A11 1 thence
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N 00•21•02• E 2346.48 feet, to a-- ----point on the northierly line of aaid-:r.t..ENDAR PA .. c Parcel No. l; thence along sai4 ~"'- -·
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northerly line R s9•41•03• E 2056.82 feet to the point of beginning!
ALSO RISERVIHG an easement for ingress ~md egress c-:0r a strip of l~nd 100 feet in widthg lying nertberly of the following deac~ibed line:
BEGINNING at e point herein befet1re .designated Point •A• 1:~hence aalc»ig :the · southr:rly line Of:?9arcel No" l ·-au sbetm on said ~arcel. Map Ho. 70, s sg•ss•27• w 1338.'09 ·feet to a l• iron pipe and tag set -on the
.'9aatei:'ly rigbt: ... of-vay line .Of ,u. · s •.
. JUghway No. 395 as gbovn ·..on .:amid. ~arcel Mlap No. 70, and ~t the end of the herein described . line, ~he northerly line of:~ >uid 100 foot $trip· to be lengthened .or 11h~rtened to ~gin at tbe westerly line of herein above datscribed -exception &ndl· t6rminate at said easterly rigbt-of-way line. ·
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PREPARED BY OTJ1E.Rs AND REVISED 'BY BOmmruty Itnl:!~J:~i+'J:ON UNIT, ROY MINNIClt, SUPERVISOR@ .
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E>l'lUBIT "Dill
tAND ~~CRIPTION
Three parcels of land situated in Inyo County, State- of California, more particularly described as follows:
.. Parcel No.. l
'Lots l · and: ·2 of the fractional nortb:tt!st·1-qua~ter, the northwest quarter of the fractio~al southeast quarter~ and the Bast b4lf of tbe No~th half of Lot l cf the southwest quarter of fractional Section 6, Township 18 South~ Rang~ 37 East, MDM, according to the Official Plat the:eof, dated August ll, '1856.
Parcel No.·2
All .tt,ase lakelands lying in Sections 6 and 7, Totlnabip 18 South, Range 37 Bast, MDM, bei~g .tbe same lands more particularly d~scribed in the field notes of survey for lateland Location 2175, on :file in the Office of the California State Lands Commi.asion, and being the csam~ lands granted i:o Irving Fischer by the State of California, by Patent No. 355, dated Novemtx!r 9, 1997.
ALSO, all those lakelands ~ yin9 in· Sections 5 and E, ToWnsbip 18 South, Range 37 East, MDM, being a porticnof the same lands more ,particularly described in the field notes of survey for 'Lakelanc I.Ocation 2168, on file in the Office of the Californi~ Stat~ Lands Commission, and ~iag the aane· l~rids granted to lrvi~g Fischer by the State of. California, by Patent No. 353, dated July 20, 1907. ~
: ....... ~ ....
ALSO" all those lakelands lying tn Sections '.5 ·and .. 6~ Tcxmsbip 18 South, Range 37 hat, 'M!»!, being a,'. :· .. ·: portion of the saa<? lands more particularly , . described in the field notes of survey for 1-M!keland Inc::ation 2159, on file in the Office of the California State Lands Coamismion, and .bairag the same lands granted to Irving ·Piscber 'by· the .State of Califo:nia, by Patent Ho. 371, dated 6ovember 4, 1910. .
_!!arcel N~
An easement for llAnd 100 feet
ing~ess and egrass ever a sittlft-\9£-R ?A\3E - · ~ 1 8 6 : in width lying northerly P'1N~~•fl.BE0 _ _.._4._~-
~ PAGE 9.tl Mm4JTE PAOO ,?., Q q 4
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following describod line:
BOOXhriING at the northeast corner of Lot No. 1 of the southwest · quarter of fractional Section 6, Tcwnship lS South, Range 37 Bast, MOM, &~cording to the Official Plat thereof, d&ted August 13, l8S6, thence westerly ~long the-8l0rtherly
. ~·-. - -·. linen of. Sl.lid 'Lot. No.:: .J. ~d -Of. ·tot no. 2 ~... ·· ··; .of .. _said . soutli«'e:it :· 'CJU!'rt~~ . , tu tho
. voutbeast ·· eor:n~r of Z.Ot . ·Ho •.. ,,~1 cf the nortileast guarter of Section J.,, ~chip 18 SOUtht Range .3G East, .MJ>M, according to ·the Official Plat tl1ereot-, :dnted August 13, 18561 tbenee wf.i~~erly ! along tbe: southerly line -uf ea id .rot ~· · 1 to
. -the 'eemterly rigbt-of-.Qtay lille. of :v •. .. s •. · · Bigbway Ne>. '395 and tbe end of': 't:tie ·herein
described lin~~ tbe nozthar~v :line of aaid 100 .foot strip to be lengthened or sbort•ned to temiuto at eail.i easterly right-of-way line.
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LAND DESCRIPTION
·,mmiT E .PARCEL C .mo·G<>um
w 23158 w 40243
Three parcels of land situated in the County of Inyo, State of California. bcing more particularly described as follows:
farce) No... 1
Lots 1 and 2 of the fractioruli northe:m qum:ter~ th~ northwest quarter of the fmction3l southeast quarter, and the East half of the North half of Lot 1 of the southwest quarter of fractional Section 6, Township 18 South, Range 37 East, MDM, according to the Official Plat then:of, dated August 13, 1856.
Parcel No. 2
AIL those Imlm:ds lying in Sections 6 and 7, Township 18 South, Range 37 East, , MOM.being the same lands more particuJMly described in the field notes of survey fer . bkeland Location 2175, on file in the Office of the California State Lands Commission, : and being the same lands granted to Irving Fischer by the Stuc of California, by Patent No. 355, dated Novembc:9, 1907.
ALSO, ail those I.akclani~ lying in Sections 5 and 6, Township 18 South, Range 37 East; MDM.being tht: sme lands more particularly described in the field r.otcs of survey for Lakeland Location 2168, on file in the Office of the California State Lands Commission, and being the same lands granted.to Irving Fischtt by the S~te· of & California, by PatcDt No. 353, dated July 20, 1907. .,
ALSO, all those Lakelands lying in Sections Sand 6, Township 18 South, Range 37 East. MDM,beiug the same lands mot'C panicularly described in the. field notes of survey for Lakeland Location 2159, on file ir1 the Office of the California State Lands Commission, and being the same lands granted. to Irving Fischer by the State of California, by Patent No. 371, dated November 4, 1910.
Ea,a;eel Nu.-3._
An easement for ingyess and egress over a strip ofland 100 feet in width lying southerly of the following des:ribed line: •
BEGINNING at die northeast corner of Lot No. 1 of the northwest quarter of fractional Section 6, Township 18 Sou~ Ra..11ge 37 East, MDM, accoiding to the Official Plat mcreof, dared August 13, 1856; thence westerly along the nonherly line of said Lot No. l io the northeast comer of J..ot No. 1 of the nonh-..ast quarter of Section 1, Township 18 South, Range 36 East, MDM, according to the Official Plat thereof, dated August 13, 1856; thence westerly along the nonherly line af said lot No. 1 to the easterly right-of-way line of U. S. Highway 395 and the end of the herein d~OO! line.; the southerly line of said 100 foot strip to be lengthened or shortened to terminate at said easterly right-of-way line.
END OF DESCRIPTION
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fARQEl"C" cm LANPS ro ee ~OUIBEQBX . EX<iHATiGG
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M1.ZACBES ~.:tawe
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rl.231~ W'10243
'
I .. AND DESCRIPTI:ON
Those lands situated in Sections 1 and 12, Township 17 South, Range 36 East, MOM, in the County of Inyo, State of California, being a portion of l'arce!s 2, 4, and 6, as conveyed by PPG Industries, Inc., a Corporation of the Commvnw~th of Pennsylvania, to the,Sta~ of California. by that certain Corpomrlon Grant D=l, recorded October 11, 1983, as DoCument No. 834719 of the Official reconis of Inyo Cowity, and being more particularly described as follows:
Earcc:I Nu The North half of the frac1ional northwest quarter of Section 12, Township 17 South, Range 36 East, MDM. shown as having 52.40 acres, according to the QfF.=-..'ial Plat thereof, dated August 13, 1856, for which Patent No. 978380 from·the l~iiite<J'States of America to Walter A. Kuhnen was issued tinder the date of April 29., 1~26, and is recorded in the Office of Inyo County Recorder, in Volume 7, Page 357~:of Official Records.
~~~
The fractional southeast quarter of the southwest quarter of fractional Section 1, -Township 17 South, Range 36 East,. MDM. ~g to the Official Plat thereef, dated August 13, 1856.
ALSO, the nonhe3Stquatteroflhe soothwestquaneroffractional Section 1, TQwnshjp 17 South, Range 36 ~ MDM. according to the Official Plat.thereof, dated August 13, 1856.
ALSO, the West half of the muihwest quarter of fractional Section 1, Township 11 South, Range 36 F..ast, ~IDM, accoroing to the Official Plat ~f, dated Au~t- 13, 1856. "
EXCEPTING THEREFROM any portion therecif which was below the ordinary high, water mark of Owens Lake~ it existed on Scp~ber9, 1850.
SUBJECT TO any and all easemenzs and rights-of'vway, whether o"·record or not, granted to and held by the Southern Pacific Company. ·
Paree! Na. fi
The South half of the fractional southw= quarter of Section 12, Township 17 South, Range 36 &st. MOM, according to the Official Plat thereof, dated !t.µgilst 13, 1856.
ALSO, the South half of the fractio~ northwest~ of Section 12, To~~ 17 South, Range 36 East, MDM, according to the Official Phu thereof, dated Augu5t 13, 1856.
ALSO. the North half of the fractiot13l southwest quarter of Section 12, Township 17-Soutb, Range 36 East, J.\.IDM, according to the Official Plat therecf, dated August 13, 1856.
1 ~MGE 2f~8 ~PAG!--~-------
' ,-
All that certain pmeel of land conveyed by Pittsburgh Plate Glass .Company to the State of Cdifomia by Grant Deed, dated July 2, 1952, recorded in Volume 98, Page 117, Official records of Inyo C.ounty, and being more particularly described as fellows:
A parcel of land lying across the West half of the West haJI of Section 12, and the West hslf of the Southwest quarter of Section 1, all in Township 17 South, Range 36 East. MDM .. in the County cf Inyo, State of California, which &lid parcel of land is more particularly described by meteS and bounds as follows:
BEGINNING at the southwest comer of $aid Section 12; thence Nonh 00° 01' 08" We.st. aking the west !in~ of said Section 12, a distmcc of 1577.68 feet; thence, leaving said We,,'t Section Jine, North 04° 03' East. 1051.86 feet; thence along a curve to the right with a radius of 20,080.00 feet through an angle of 01° so·. a distance of 642.51 f~ thence Nonh 05° 53' East, 4,662.52 feet to the Ncnth line of said West·half of the South west quarter of Section l; thence East alorig said Nath line, a distance of 130.68 feet: thence, leaving said North line, South 05° 53' West, 4,675.91 feet; thence along a cunc to the left with a rndiu~ of 19,950.00 feet, through an angle of 01° 50'· a distance of 638.35 feet; then~ South 04°03' Wes~ 1.206.74 feet; thence SGuth 00° 32' East.. 194.02 feet; thence from a tangent which beats South 11°19' 26" West, along a curve to the !dt with a radius of 3,329.20 feet, throug4 an angle of 21°09' 20", a distance of' 1,229.25 feet to a point on the South line of Said Section 12; thence West along said South line of Section 12, a ~ta.nee of 103.42 feet, to the POINT OF BEGINNING.
Consisting of 22.38 acres. more or less. includ.Jlg 14.49 aeres lying within the e::tisti.ng highway and within railroad tight of way. .
.~ JO EXCEPTING from the within conveyance of Parcels No. 2, 4t and 6, as hereinbefore desc.ri~ the follo~ing land'i and interests in lands hcretof<h""C conveyed or granted by the said Columbi2:.-Southem Chemical Corporation:
All that certain pare.el of land conveyed by Columbia-Southern Chemical Corporatioi\ to the State of California, Ir; a Grant Deed , dated October 2, 1956.recorded in Volume 123, Page 57~ Official records of Inyo County, and being more particularly described as follows:
BEGINNING at a poini in the West line of said Section 12, distant Nonh 00°01°08" West, 1577.68 feet fi.'Om the southwest comer thereof, 211 angle point in the westerly line of the existing State Highway Lands, described in the Deed. recorded July J6, 1952, rccotded in Book 98, Page 117, Official rcconis of Inyo O>unty, Said point alscibeing distant North 85° 57' West, 80.00 feet from Engine:ts SUttion K7 206+91.59 of the baseline of State Highway, Road IX-Iny-23-K; thence, from said POINT OF BEGil'mING, along said westerly line described in said Deed, North 04° 03' East. 826.74 feet to the intersection thereof with the northwesterly line of the 1929 State Highway. per S.C.C. 2739; thence South 15° 00' 05" West, 227.05 fcr.l co the intersection of said 1929 State Hlghway, with said West Section line; thence atong said West section line, South 00°01' 08" East, 605.37 feet, more or less, to the POINT' OF BEG:~G.
2
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Conveyance of aJl of the parc.elil hereinabove described, together with the appurtenances thereto. is (t) ma.de expressly subject to all legal. highways and to any and all valid subsisting conveyances, conditions, covenants, resaictions, reservations, exceptions, rights of way, C3Scments, servitudes, and encumbrances affecting the same or any pan ~ereof, whether or not specifically recited in this Deed
TOGETHER WITH all accretions and relictions accruing to said Parcels No. 2, 4, and 6, as described in said Confirma.tory Deed from Columbia-Southern Chemical Corporation to Pittsburgh Plate Glass Company.
EXCEPTING FROM the al:,ove lands described in said Confirmatory Deed from Columbia~ Southern Chemical Corporation to Pittsburgh Plate Glass Company, recorded in Volume 176, Page 149, Official Reco?ds of Inyo County, those portions of Parcels No. 2, 4, and 6 being more particularly described as follows:
Parcel 3 as shown on Parcel Map No. 70, tiled in Parcel Map Book 1, Page 46, in the Office of the County Recorder of Inyo County.
ALSO EXCEPTING FROM the above lands i!.escribed in said Confumatory Deed, those portions of Parcels No. 2, 4. and 6 lying easterly of the westerly right-of-way line of the Southern Pacific Railroad Company railway right-of-way.
RESERVING an easement for ingress and egress over a strip of land 100 feet in width lyin:g northerly of the northerly fuie of Parcel 3 as shown on Parcel Map No. 70, filed in Parc:el Map Book 1, at Page 46, in the Office of the County RecOidcr of Inyo O>Wlty, described as follows:
BEGINNING at the interSeCtion o( said northerly line of ~.accl 3 with the westerly line of the Southem Pacific Railroad Company right-of-way; theoc~ westerly along, said nottherly line to the easterly right-of-way line of U. S. Highway 395 and the end of the 'h~rein described· line; the nonherly line of said 100 foot strip to be lengthened or sho~cd to terminate at said easterly riglit-of-way line. ·
ALSO RESERVING an easement for ingress arid egress over a strip of land 100 feet in width lying southerly of the southerly line of Parcel 3 rui shown on Parcel Map No. 70, filed in Parcel Map Book 1, at Page 46, in the Office of the County Recomer of Inyo County, 'described as follows:
BEGINNlNG at the intersection of said southerly line of Parcel 3 with the westerly line of the Southern Pac.ific Railroad Company right-of-way; thence westerly along srud southttly line to the easterly right-of-way line of U. S. Highway 395 and the end of the herein described line; the southerly line of said 100 foot strip to be lengthened or shortened to terminate at said easterly right-of-way line.
END OF DESCRIPTION
DESCRIPTION PREPARED BY OTHERS, REVIEWED AND REVISED SEPTEMBER 6, 1989, BY BOUNDARY INVESTIGATION UNIT No. 3
3
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100 f1 Roadway Easements
T17S,R37E,~1.D.M.
- - --- ----
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PARCEL "D"
STATE LANDS TO BE ACQUIRED BY
LA DWP
·32.SAQBES ~fill.COO ~~!JE
STATE LANDS COMMISSION
W23158 W40243
OCTOBER-1989
>.._ ' ";' 1 '""" .... ,
w 231ss a w 40243 •
LAND DESCRIPTION
A parcel of land situated iu the County of Kem, State of California, being more particularly
described as follows:
Lots 1, 2, 3, 4, 5, 6, and 7. and also the Northeast 1/4 of Section 16, ToW(lship 2S
South. Range 38 East, MDM. according to the Official Plat thereof, dated April 4, 1930.
~ . EXCEPTING THEREFROM the Southwest 1/4 of the Northeast 1/4 of said Section 16. j.
END OF -DESCRIPTION
PREPARED SEPTEMBER 6, 1989, BY BOUNDARY INVESTIGATION UNIT_ No. 3.
17
20
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T25S, R38E, M.D.M.
KERN COUNTY 21
10
15
PARCEL "E" SCHOOL LANDS
TO BE ACQUIRED BVLADWP
~8.SAQBJ;S moo"OVALUE
STATE LANDS COMMISSION
W23158' W40243
OCTOBER 1009
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Department of Viar.er and Power
TOM BRADLEY M~
c~ fdClt J. CARUSO. ~ JAc;; r1. LntlE~ Y- irmdmt ANGEL M. ECHEVARRIA CAROL WKEELER WAU'Eft A. ZELMAN JUDITH IL DAVISON. S«m.,
Mr. James R. Frey California State Lands
Commission 1807 13th Street Sacramento, California 95814
Dear Mr. Fray:
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··• • -orr: \~-,_~~~ t".'~.~!'.l~~~~J:~1·;; ' ...•.. : .:::~:'.~. ··~ {> •
EX;iI~Ii" K
theQtyof LosAngeles e NOR~MN E. NICH.JL;.. Gnwral M~ IPd C~ ~ ELDON A. COTTON, Am#-"-el M-zwr. ~ DUANE L. GEORGESON, Aablow a-el M~· WDANIEL W. WATERS, Az:btmt c-tll M~ • Enmtal A/!Wi NORMAN J. POWERS. Cltlef ~ O/ll«r
October 19, 1989
OWens Lake Land Exchange
Enclosed please find two ~opias of a Memorandum of Agreement between the State of Califorilia, State Lands Commission (Commission) and the City of Los Anqeles Department of Water and .... Power (Department), for a land exchange involving property in; '1!J' Inyo and Kern Counties. The Agreement is a draft, but has been transmitted as a final in the event that the Commission accepts it in its present form. Please review the Agreement and return the original with the Commissions' signature or proposed changea.
If you have any questions, please contact Mr~ Steven B. McBain at (213) fi81-3535.
Enclosures
c: Mr. Steven B. McBain
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Sincerely,
v~'W·""'~ e. t,t/4l.C4." ... ~~ DENNIS C. WILLIAMS Engineer in Charge
Los Angel~s Aqueduct Division
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This Agreement is entered into between the STATE OF
CALIFORNIA, STATE LANDS COMMISSION {"COMMISSION") and the CITY OF
LOS ANGELES, OEl'ARTMENT OF WATER AND POWER ("DEPARTMENT"} and is
made in recoqnition of the following facts:
The COMMISSION is the owner of the bad of owens Dry
Lake in Inyo County. It has an existing lease with LAKE MINERALS
CORPORATION ("LARE MINERALS") to permit LAKE MINERALS to mine
chemicals and minerals from the bed of ovens Lake.
The COMMISSION is considering expanding the mining of
chemicals and minerals from the bed of OWens Lake and expanding
~ the leasehold interest of LAKE -MI~""ERALS to do so.
The CITY OF LOS ANGELES is the owner qf certain parcels
of land in proximity to Ovens Lake, which parcels are under the
control and manayement of the DEPARTMENT. These parcels are
-needed by the COMMISSION to facilitate the proposed expanded
mining operations of LAKE MINERALS.
It is proposed that the DEPARTMENT exchange these City
owned properties for certain parcels of land owned by the State
of California in Inyo and Kern Countiaa. The City-owned
properties have been determined to be of equal value with the
State-owned parcels.
In 1987, the DEPARTMENT entered into an Agreement with
LAKE MINERALS. This Aqreement generally provided that the
DEPARTMENT would exchange certain City lands with the State of
California to facilitate the expanded mining op.S!!'e<!~!o.IHl'-eft-'"18'nll!!!ts:;-,,::-:::-
CALENDAR PAGl;----
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Lake. 'rhe Agreement between the DEPARTl-lENT and LAX<E ·MINERALS
provides, in part, that LAKE MINERALS will assume all risk of ~
damages and waive any claim for damages against the DEPARTMENT
for damages to its facilities, eqilipment, mine area and employees
as a result of any flooding or wate~ released on ~he Owens L"xe by the DEPARTMENT. The Agreement further provided that LAKE
MINERALS would pay to the DEPARTMENT certain prescribed sums of
money for monitoring, research and mitigation measure~ for wind
caused dust that comas off OWens Lake as required of the
OZPARTMEN,T by the Great Basin Unified Air Pollution Con~rol
District ptu:suant to Public Resources Code section 42316. A capy
of this agreement is attached hereto as Exhibit "A."
The Charter of the City of Los Angeles provides that
all property off!led by the City is owned in the mm1~ of the <;i~y
of I.cs Angeles but may be under the control and management of
certain departments of the City. The City parce~s to be
exchanged are owned .by the City and under the con·trol and
management of the DEPARTMENT. Conveyance of thgse properties to
the State requires approval by the City Council of the City of
Los Angeles.
This Agreement has an Exhibit "A," "C," "D," and "E."
There is no Exhibit "B."
The COI<!MISSION and the OEPAR'l'MENT agree as follows:
l. The OEPARTMEN"r agrees to convey to the STATE OF
CALIFORNIA all those certain lands in the Count.y of Inyo andmore
particularly described on Exhibit "C," attached hereto. such
conveyance algo include~ an easement for ingress and egress over
a strip of land 100 feet in width and more particu.larly described
-2-
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aa Parcel No. 3 on Exhibit "C". Such conveyance will ,include al'l.
mineral rights. The Charter of the City of Los Angeles prohibits
the conveyance of water or water rights without the approval of
the City Council and a vote of two-thirds of the vot~~s.
Accordingly, all water and water rights on Parcel "C" are hereby
reserved unto the CITY OF LOS ANGELES. A map (desiqnated "Parcel
'C' 0) depicting tha lands to be conveyed as described in Exhibit
"C" ia attached and follows Exhibit •c•. 2. The COMMISSION agrses to convey to the City all
those certain lands in the County of Inyo, State of Californ.ia,
as more particularly described on Exhibit "O,• attached hereto.
A map (designated "Parcel 'D'") depicting the land~ to ba
conveyed as described in Exhibit •o• is attached and follows
Exhibit •o•.
3. The COMMISSION agrees to convey to the City all
those certain lands in the County of .Karn, State of California,
and more particularly described on Exhibit "E," attached hereto.
A map (designated "Parcel 'E'") depicting the lands to be
conveyed as dG~cribed as Exhibit 0 E" is attached.and follows
Exhibit •£•.
4. The COMMISSION recognizes the City has c~rtain
dominant interests in the Agreement with Lake Minerals (Exhibit
"A") and in this exchange of lands with the State. These
interests include an aqreem.ent to indemnify and hold hai."mless the
City by the State's lessee of OWens La!~e for any damage causea by
flooding or water released onto Owens Lake as provided in
provision 3 of Exhibit "A." Further, the City seeks a~a~stance
rega:cding payment of costs for monitoring, r6aearch and
-3-
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~itigation measures relating to vind-bio~"'n:dust off of ·owens Lake
as may be imposed by the Great Basin Air Pollution Control
District pursuant to Public Resou:::'ce!l Code section 42316, as set
forth in provision 5 of Exhibit "A". The COMMISSIO~ either
believes it cannot legally bind successor Commissions, or it
would not be prudent to bind successor Commissions to impose the
conditions set forth on ~xhibit A on any future lessees other
than LAKE MINERALS, its successor or asaigns.. N~netheless, the
COMMISSION recognizes the conqerns of the CITY OF LOS ANGELES and
does agree that in the event the bed of Owens L..ake is leased to a
lessee other than LARE MI:NERALS, its succesaors and assigns, that
it will consider the conce-.rns of tha CITY OF LOS ANCELgs as set
forth in Exhibit A and may require the same or similar pro.visions
of a future lessee other than LA.KE MINERALS, its successors and
assiqns, as the COMHl'.SSION deems reasonable, pruden-t;., and fair,. tfJ with due regard to the time and circumstances of such future
leaseo
S. The parties agree that the parcels to be excha~ged
are of equal value.
6. The City ~qrees to convey all mineral interests to
the State in Parcel "C." The COMMISSION reserves all mineral
interest to the State pursuant to fubl~-' -Resources Code section
6401 in parcels deecribed in Exhibit •o• and "E.~
7. The DEPAR'l'HENT shall retain all water rights in
the parcel described in Exhibit "C" to be conveyed to the State. S. The lands conveyed by the COMMISSION to the
DEPARTMENT ,shall be burdened by constit11tional and statute
easements for fishing and highway access.
-4-2-0·0
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title ·insurtmce; such party shall bear its own cost of tit';le·
insurance.
10. The DEPARTMENT, pursuant to Public Reso~rces Code
section ~370, et. seq., agrees to dedicate the Kern County parcel
to ·open spa,ces and uses re~ated to the operation and maintenance
of water and' &lectric facilities.
..
DEPARTMENT OF WATER AND POWER OF THE CITY OF LOS }.NGELES
BY BOARD OF WATER ANO POWER COMMISSIONERS
OF 'l'HE CITY OF LOS. AN~ELES
By
And Secretary
STATE LANDS COMM'IS.SION1
JAMES R. TROUT Assistant Execu~ive Officer
Dated:
-5-CAt.ENDAR PAGE - 2 Q 1--~w PAGE ~4· 2 3 9
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SUIJEICT: Agreement No. 10009 with Lake Minerals Corp. that will
1-..~0t!:.~~~:::i;:i~~~~~~-'l'~~~~~iii~~~ facilitate the leasinq of ~' OWens Lake Bed for expanded
NOV 171987
mining operations fOR COMMISSION <iffle! ·US!:
~a JfO. 88 103 NOV 191987
FOR: APPROVAL (!} '"'Oll'Y lltlifa. To-YJ}./l;ue,,.l!)?.&/17 I=================::;=========================!·/ cf!L.~~ , AGINDA: COM.Min& .APPROVAL: j·
CONRNT 0 ;~~~co~MITTEE
UGULAR [!) ~- I,/ tl:f/p7
SUMM.1\RY
Transmitted herewith for your approval is a resolution approved as to form and leqality by the City Attorney~ authori~ing Aqraement No. 10009, between the Department and Lake Minerals Corporation (liMC). The Agreement provides: 1) LMC will contribute significant sums of money to the Department, providing t.MC proc~eds with its pl.ans· to const..""Uct and operate a new soda ash plant at the lake, to defray costs incurred by the Department relating to monitoring, research, and mitigation of wind-caused dust that comes from owens Lake: 2) protection for the Department from legal actions relative to flooding of the lake: and 3) commits the Department to use its best efforts to c'omplete a proposed land exchange with the,California State Lands\Commission (SLC) of certain City-owned lands, under the control and management of the D•epartment, adjacent t9 OW.ans Lake. The SLC, in ·turn, is to co11vey State lands of equal value to the City. Agreement ~o. l.0009 becomes effective only after the completion of the land exchange with the SLC and comraencement of LMC's expanded mining development on OWens Lake.
Agreement No. 10009 is only between LMC and the Department. It does not include the land exchange between the SLC and the Department which will take approximately three to six montha from the date of this agreement to complete. Aqreeruent No. 10009 is being processed at this time because it will aid LMC in securing financial partners for the project. LMC is aware that Agreement No. 10009 will not become effective unless the proposed land exchange between ~e SLC and the Department is subsequently approved by your Board and the City Cot.tncil.
00040:19 CALENDAR PAGE . - .-/_.:0~; MJNUTE PAGE . _~Z~I-~-
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Board of Water and Power Commissioners -2- November 13, 1987
BACKGROUND
The SLC, as proprietary owner of the bed of OWens Lake, has an existinq lease with LMC to permit LMC to mine minerals from the bed of the lake. The SLC, at the request of LMC, has been considering the expansion of the lease-hold interest in the bed of the lake. The SLC, LMC, and the Department have been confexring and negotiating intermittently for approximately six years to put the expanded leasing operations in a proper practical and legal framework. Recently, L.~C and the SLC have shown renewed interest and want to make the expanded mining operations a reality.
The Department is involved in these negotiations for several reasons. The Department has diverted and continues to divert the water that would naturally flow onto the lakew As a result, there has been a physical situation created that permits the mining of the dry l&ke bed. The City of Los Angeles owns certain property on the uplands around the lake that are under t.he control and management of the Department. These properties are necessary for the expanded mining operation on the lake. The Department is interested in ensuring its continued right'to relea~e water onto the lake ~n periods of extraordinary runoff, and is seeking assistance from any lessee of the bed of OWens Lake on any air quality duties imposed Qr assumed by the Department regarding OWens Lake pursuant to California Heal.th and Safety Code Section 42316.
The City lands required for the expanded mining operation are the subject of a proposed land exchange with the SLC. This proposed land exchange is depicted on Attachm~nts l and 2 hereto. It is pro~sed that the Department exchange Parcels A and C to the SLC in return for Parcels B, o, and E, as depicted on ths attachments.
THE AGREEMENT
Agreement No. 10009 will not become effective until the completion of the land exchange. More specifically, it will not become effective until the vesting to the SLC of the City's 460-acre parcel designated as ?,arcel c ..
.
The Depar'tlnent agrees to use its best efforts to complete the land exchange. The DepaT>anent further agrees not to assert any royalty claim on the leased F~emises. Any potential royalty claim is highly questionable, in any event.
LMC agrees 11 in turn, no·t to make any claim against the Department, on any legal theory whatsoever, as a result of any
...
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Board of Water and Power Commissioners -3- November 13, 1987
flooding on OWens Lake. Twice in the past the Department has had to defend itself from such claims brought by the SLC's lessees of the bed of OWens Lake. ·
LMC further agrees t.o contribute to the Department's costs for air quality monitoring, research, and-mitigation of dust emanating from Owens Lake. These costs are imposed on the Department by California Health and Safety Code Section 42316, as administered by the Great Basin Unified Air Pollu~ion Control District. The Agreement provides LHC will share these research and mitigation costs, based on a formula, up to a maximllJ'll contribution to the Department uf approximately $100,000 per year with an inflationary adjustment plus a proporti~nate share of ~ctual monitoring costs.
CONCLUSION
In accordance with the Califor~ia Environmental Quality Act of 1970 (CEQA), it has been determined that the, execution of the Agreement is exempt ttnder Los Angeles City Guidelines Article III, Section 1.
The accampanyi~q resolution authorizes and di~ects the General Manager and Chief Enqine~r or Assistant General Manager - Water to execute Agreement No. 10009 on behalf of the Department.
It is recommended that the Board adopt this resolution.
Attachments
RESOi.U'l'ION NO., ,88 103 -----Be it resolved that the Bo~rd of Water 11nd Power
Commissioners authorize ~nd directs the Ge~eral, Manager and Chief Engineer or the Assistant General Manager - Water to, execute Agreement No. 10009 on behalf of the Departn1ent of Water and Power and perform the duties prescribed ~erein.
~ hereby·certify that the foregoing is a full, true, and correct copy of a resolution adopted by the Board of Water ~d Power Commissioners of The City of Los Angeles at its meeting held NOV 1-9 i987 -
.. . , . -· . ..
THIS AGREEMENT is made and entered into this 19 ~
day of NOV , 1987, betwee'n LAKE MINERALS CORPORATION,
a California corpo~ation (hereinafter 0 LMc•J, and THE CITY OF
LOS ANGELES I DEPARTMENT OF WA.TER AND POWER (hereinafter •oWP") :
Reci talJ;..:.
A. LMC is the lessee under existing leases with the
California State Lands Commission (SLC) of approximately
16,120 acres of sove~eiqn State land on the bed of OWens Lake for
purposes of extraction of minerals, and LMC proposes to app!y
for a lease from SLC of approximately 3,200 acres of ad~itional
sovereign state land on said lake bed as ~ell as state-owned ·
uplands adjacent thereto. Some of said uplands are beinq acquired
by SLC in a land exchan9e with DWP (hereinafter 0 La.nd Exchange"),
which is being executed a~d consummated conte.mporaneously
with the execution of this ~greement. ~he key parcel of the
exchange is a certain 461-acre parcel of City land to be
exchanged with SLC and generally depicted as Parcel C on the
attached drawing (Exhibit 1).
It is the intent of the parties hereto that-this
Agreement shall be effective on the completio~ of said Land
Exchange, which, for purposes of this Aqreemen~~- shall be deemed
~
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to have occurred on th.e date when the deed to the City's 461-acre
parcel (Parcel C) shall have been recorded by SLC with the Inyo
County P.ecorder demonstratinq vestinq title to the exchanged
parcel in the State of California.
The land exchange is generally set forth in Exhibit 1.
After the conveya.~ce of Parcel C to the State by tbs City, the
Department agrees to continue to pursue the completion of the
rest of the land exchange and to use its best efforts to obtain
the conveyance of Parcel B to the City in exchanqe for Parcel A,~
as s~t forth on Exhibit l.
B. ~n reliance on said existing and proposed leases,
LMC proposes to expand substantially and intensify its pre~ent
~ineral extraction operations on said ·1ake bed lands and to . .
construct and operate a soda ash·plant on said uplands adjacent
thereto, requiring substantial expenditures of money by LMC.
c. DWP owns certain uplands adjacent to said lake b~d
and certain lake land locations on said lake bed, and also owns and
exercises water riqhts to divert water, from the Owens Riv~r ~d
its tributaries upstream from OWens Lake, to the City of
Los Angeles, for municipal use and hydroelectric power generation.
This is water wh~-~h otherwise would flow into OWens Lake. DwP
also pmnps gr~Un.dwater from the <>wens Valley to suppleMent the
surface supply, with minimal pumpinq during wet years and max~?
pumpinq during very dry yearso
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D. Upstream water diversions from the °"en~ River
dating back to the late 1800s have resulted in dewaterinq most of
the bed of Owens Lake. However, after DWP commenced operating
the Los Angeles Aqueduct in 1913, there have been times when the
dry lake bed was flooded. It is in the best interest of DWP,
consistent with its own needs and based on reasonable decisions,
not to release water onto owens Lake but to use such water for
beneficial purposes in the City of Los Angeles. Drawinq upon
historical precedent,.it is inevitable that water will again be·
released or will run off onto the lake when the wa~er runoff
exceeds the ca~ryinq capacity of the Aque~uct facilities, and
it .is lik~ly to occur one or more ti.me~ during· the life o~ ~~C's
operation on the lake bed. Small amounts of water may reach
the lake from the lowar OWens Riv.er bed under norm&! or drier . . .
conditions, as a result of a project or projects implemented by
DWP ~s part of a~ aqreement with Inyo County or put"uant to a. court order.
E. LMC proposes to divert water from ~prings whic~
are not tributary to the OWens River but are tri~utary to
OWens Lake, and to pump ~roundwater from State or LMC lands
adjacent to the lake for use in connec~ioP. o:;ith its mineral
e%traction and processing on~~~~ions. The maximum total amount
of water expected to ba used by I.MC for its operations from
springs and groundwate~ pumping is approximately a,100 'AF/yr •.
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P. DWP has mitigation obligati·ons w:'J:th regard to
airborne dust arising from the dewatered OWens Lake bed caused by
the production, div~rsion, storage, or conveyance of water, which
are not exclusive as to t.he obligation of other agencies or
businesses which may have activities in the area.
G. The parties desire to provide assurances to each
ot.her as to the rights and obligations betlw-een them ~isinq from
the foregoing facts and to cooperate on a~r quality issuese
mow, THEREFORE, in consideration of the mutual covenants
and promisas contained herein, the parties &qrea as follows:
l. LMC shall comply with all applicable laws an~ . . reqalations, and shall cooperate and participate with DWP in the
evalllll.tion of dust conditions and the mitigation of airborne dust ~
at OWens Lake.
2. DWP $ha~l not assert any royalty claim or claim. of
invalidity against the existing or proposed leases by SLC to LMC
of OWens- Lake bed lands or uplands adjacent thereto.
3. DWP acknowledges that it is not its intent to
release water to OWens Lake, except in those circumstances where
such a release is the only reasonable alternative available to
DWP t.o dispode of excess water, or where such release is in the
interest of DWP as part of an enhancement/mitigation project
as 7"art of an agreement with Inyo Cotmty or court order o One oi_
th~se enh~ncement/mitiqation projects is the lower <>wens River
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~ enhancement project, which will place water in the lower Ow~ns
River below the City's diversion works, resultiu9 in some of this
water to flow natlirally ~nto Owens Lake.
If DWP, because of hiqh runoff in the Eastern Sierra or
other operational requirements, plans to release or dispose of
water into Owens Lake, DWP aqrees to give prompt notice to LMC of
its plans so LM~ can take action to remove or protect any equipment
or materials it may have on the lake bed. Notwithstanding the
foregoing, the flooding of OWens Lake is inevitable, and LMC
agrees that it will assume all risks of damaqes due to flooding
on OWens Lake, and that it will take whatever measures it deems
necessary to protect its facilities, equipment, m~ninq areas, and
pe~uonnel from floe>4inq, injury, and damage. I.MC, for itself,
its successors, and assigns, hereby waives all cl4ims for damaqes
and le<jal actions, ·on any theory whatsoever, against DWP or the
City of Los Angeles and their officers and employees, for damages
to its facilities, equipment, mining areas, or employees as ·a
result of any flooding or water releases onto owens Lake. LMC
further.agrees to indemnify and hold harmless DWP ~nd the City
of Los Angeles and their officers and employees from any claims
for damages and leqal actions, on any theory whatsoev·er / by
employees,_ contractors, subcontractors, or persons or corporation$
usinq the lease premises with LMC' s permission, due to floodinq -
or water releases on OWens Lakeo
CAU:NOAR·PAGE-'!"'-~2-'°"'1-.-1:....--. MINUTI: PA~E-._ .... 4 ..... 2_4_9_· -z
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4. DWP has evaluated the proposed use by LMC of ~pring
water not tributary to the Aqueduct which is adjacent to OWens L~ke
and LMC's propose~ pumping of groundwater in the vicinity of the
~prings, and has found no conflict with the City of Lo~ Angeles'
existinq and reasonable foreseGable use of water 'in and from the
area. However, DWP shall not be precluded in the future from
opposing or objecting to LMC's proposed use of sprinq water or
proposed pumpinq of qrou.ndvater which, based on later evaluation,
DWP finds would conflict with the City's existinq and reasonable
foreseeable use of water from the area.
5. DWP is required by Section 42316 of the Cal'ifornia
Health mtd Safety Code, as implemented by· the Great Ba~_in Unified
Air Pollution Control District (the Distric:t), to undertake
monitoring, research, and mitiqation measures for wind-caused du~t
that comes from OWens Lake related to OWP's production, diversion,
storage, or conveyance of water.
In consideration for DWP's commitments he~eunder, LMC
agr~es to pay a porti9n of th~ monetary obligatio?s of PWP that
are required by the District by Board Order, negotiated agreement,
or other process (including DWP self-impesed projects) 1 for
l Reqardinq self-imposed projects fer monitoring, research,._ and mitigation for which LMC is obliqated to contri.llute money to DWP pur~uant to paragraph S(a) and paragraphs S(b) ar.~ 5 (c) as li.mited by para.graph 5 (d). DWP agrees to confer w1th LMC prior to undertaking su~h se1f-i.mposed projects~
CP.J.a!~R ~GE--....... -. MINU1EPAC3E-· ----
1~~~itorin9, rasearch, and mitigation measures rela~inq, to the
dust from Otoens Lake, in accordance with the following terms and
conditions:
(a) ·Monitorinq. Commencing with l:he c~pletion of the
L~nd 'Exchange between DW\> and SLC for the land
needed by LMC for its s-:>da ash facility, LMC shali
re.t.nburse DWP that portion of the total monitoring
costs of the OWen$ Lake dust situation r~quired or
ne9otiat~~-by the District and thereafter incurred
and paid by 1Q,filt that L."'tC' s leaseci area on the lake
bed is of the total area of the lake bed of 70,360
acres. Monitorinq costs billed to DwP by ~e
District ~hall be reimbursed to DWP by LMC as
~rovided by this paragraph S(a), and sball be limi~ed
to DWP's actual expenditures for District-billed . moni ~oring costs i.ncludi!l9' e but not limi. ted to,
labor, mater£als, equipment, office expense,
profe~sional and special services, communications,
insurance, rents and leases, and tr~nsportation
and travel, associated with the opetatiqn,and
maintenance of the meteorological an~ afr quality
monitoring stations presently located at Ol~naha,
Keeler, and Lon~ Pine, and any future stations -~
related directly to the lake including southerly
from the lake to the Inyo-Kern County line,
~DAff?AGE
MINUll;PAGE 213 -I ~251~
• ..-+-,;...,..~ ,-..• ~ "9'="'- '~•'l<<ir:\'..,_,,_ .,.. . :'ll!C <" ,/.'...., ;;'~"':: "'"'-'t,2 ,·~""-.' .._,,_~,,.· :~ ""'..' "~~l·-, .-'.l,; - "-' •:;, '-
'~,·(l)i:;~·:•::. ~:, .. : '_, ". ~~;~··-: -"'?.:'"···. - ~"<~,.~ ,·~ ... J,_:f:'~~,\[1~;if::~-~::~%¥{~~-~t~~" ""''• ,. ' . ~ •' ; ,.,. . '
< \. .... ~a ., I'
. '
excluding any utation directly r~iated to the.Cose
Geothermal development. It is understood that DWP
operates on a fiscal year basis, ce=nancinq July l
of each year and ending on t!f-3· 'rollowinq June 3 O.
Monitoring costs payable by LMC pursuant to this
paragraph S(a) shall be prorated from the effective
date of this Aqreement to the following June 30,
and, unless suspended as hereinafter provided, such
~niit:oring costs shall thereafter be pay·able by
LHC, annually, as followe:
At the conc:lus.ion of each fiscal year, DWP shall
invoice U>!C for LKC's portion of the monitori~g ~
costs incurred during that fiscal year. If
requested by LMc, DWP shall provide p~ope~
documentation, as provided to DWP by the District,
to support such charges. LMC agrees to pay such
invoices wi t..ltin thirty ( 30) days of receipt of·
such invoice.
Notwithstanding any provision contained herein to
the contrary, reimburs~nts by LMC in accord
with this paragraph S(a) shall be suspended if
LMC ceases its development plans and activities
a.ssoc:iat~d with tb.e construction and operation of
"• --- l
- " ~ ·- ,,- '~ "~)- - ~ ~ ~
, ... ·~; -~ ·~ -.: -- : ····.r\:·:s: .. _·~·~~·r.r?~~~\~~;~~~.'~;~~:~~~r
- 9 -
a refined soda ash facility at Owens Lake, and it
qives DWP written notice to that effect. During
such period of suspension, DWP shall maintain
accurate records of all costs paid by it pursu~t
to District Order, negotiation, or other process
(inclu~ ~ DWP self-imposed projects) for monitoring
the. dust situation at OWens Lake for which there
was no reimbursement by LMC. Upon resumption by
LMC of its development plans and ~ctivities, ~
shall give DWP written notice of such resumpti~~
and shall reimburse DWP for LMC's proportionate
share as aforesaid of the total monitoring costs
paid by DWP during such period of SU$pension, plus
interest compounded annually at seven percent (7l).
Such reimbursement shall be payable within ~irtY
(30) days from the date of DWP's invoice the~efor.
(b) Research. Subject to the provisions of
paragraph S(d), commencing with the completion of
the r .. and Exchange between Din' and SLC for the l·~d
needed by LMC for its soda ash facility, LMC shall
accrue an obligation to reimburse DWP for that
portion of the research costs rel~ted to the
OWens Lake dust situation, .as required by the
District, by Board order, nesctiated agreement,
r-· . .. . .. .._.._.. jCALSND~ PAGE" . , 4~ 1s~ IMfN\JTE ~~QE - ;~ . .. . . . -· ,.,. 1. ~
t '. >,.:_-".-i' , ':' ":"4;;-r ......... ' -..,. ._.. i "!H" :_· "" "' .-' ~" <!-- • ""'""'<'<;: • ~._.,,._.-"' '>' :0>'.-ll\~, • "'"'- \ '>''- H• ~ .,_:, • "'t_.,.,,.,,.~ "" : ,..._-._~ ........ 'Ii' ..._ .,_~ ' '• ..,., ;: <'" "i:'l.Yll'-f'-< '"'~.._,-..,.~:".,l"".i.rl<-"• •<n•
.,._, ' - '"~· -' ~ _cr... - --
, .·', --~;;·'.~i~,~?:;~~~:qr:~~lt .. - ,, "
or other process (includin9 DWP self-imposed
projects) and thereafter incurred and paid by Dw1?
thllt LMC's leased area on the lake bee! is to the
total a.rea of the lake bed nf 70,360 acr~~. The
amount accrued in accord with this paraqrap~ 5(b)
shall include interest compounded annually at. the
rate of seven percent (7%) and shall be payable
by LHC to DWP on the ccmanencement of commercial.
operations by LMC of its proposed soda ash facility
at OWens Lake. During- the period of such accrual,:
- ' ~, - -; ' "" <. - '
DWP shal~ advise I.MC, upon request, of the
reimbursement due from LMC if commercial operations
are commenced by I.MC at its propoe0d soda ash
facility at <>wens ~e. Notwithstanding the
foreqoing, LMC shall have no ob~igatio~- to reimburse
DWP for any part of the research activities that
DWP currently have under contract with Environmental
Monitoring and Services, Incorporated, nor shall
LMC have any obligation to reimburse DWP for any
research costs accrued in accordance with this
paragraph S(b) in the event LMC does not commence
commercial operations at its refined soda ·ash
facility at <>wens Lakeo
'··;a..,,;.._,,.~,.-..- ,.·~•r .. , ~ ··ir:...,,\.,,.,...~.n-.-,.,_ ·~---'.>..,...""' ~~.o;:"li'',.., •.,;.:· • ........_ .......... ,. ..... .._.,. ,,._.,..., .-,;,._,,._! • ..- • n.-.· , .... ,..,."',~ • ..,.,,.,. '<' ~~·-' ;;..-_·_,.,__."";( ,:r:z,,,., -~ v. ·~-.~ ~v ~"""'!'.o-." ":: ¥-·-; ,, -... ~<":-"_· .... ·,~.~,,.,,1r .... .,,,._.'>.,. ~"''·' ~·-~··"'· !.."'."' ''."' ~~" •• ~,.. ... ~ H!~ r1" .,. -~..,,- ..... ~~ ...,_,, ·":-..... ...,.-_.,,,,..,.
:· _1~~1r~~3-·!\"?~~~·'.!¥,~:~~-:\~<:';/!·-~-:~~ · , ' ~ '
,. -~, ' - .. -
-,:- ~s-: '., ~,.; )/',": .... ~ •:....,· ~'"'"?·:>" ~ -·;..::.:.t!
;.·,.ti· .... ·';.·:: :.,,~, .. ":: .. :"' ~~ ,/~::> .. \~}::.:·~~;n:~1~::.::~~r~.-· · "''
As used in this Agreement, ncommercial operationsa
by LMC of its proposed refined soda ash facility
at Owens Lake shall be deemed to have commenced:
(i) when construction of the refined soda ash
facility is completed and LMC has ~ontinuously
operated said soda ash facility for a period of
thirty (30) consecutive working days at no less
than fifty percent {50%) of the rated capacity of
said soda ash facility7 or (ii) six (6) months
after initial production is commenced from said
soda ash facility, whichever event first occurs.
LMC agrees to notify DWP in writin9 within thirty
(30) d~ys of the date on which_i:nitial production
ia commenced and the date on which commercial
operations are deemed to .hav~ commenced, as
provided hereinabove.
(c) Mitiqation. Subje.ct to the provisions of
.paraqraph S(d), upon commencement of commercial
operations by LMC of ±ts proposed refined sod~ ·ash,
facility at OWens Lake, LMC shal~ annually;eimburse
DWP for that portion of. the total annual mitigation
coe.ts related to the OWens lw.ke dust situation, .as
required by the Distxict, by Board order, negotiated
1' ~r.::1~~~I~~f;:~~~~::t:r,:,n~/:~:;;:111~wff:~,., \ .
- i·2 -..
..
aqreement, or other process (including DWP
self-imposed projects) and thereafter incurred and
paia by DWP tbat LMC's leased araa on the lake bed
is to the total area of the lake bed of 70,360
acres. Such reimbursement shall be in accordance
wit..~ the provisions of pa.raqr~ph S(d).
(d) The term wfiscal year•, as used in this
paragraph S(d), shall mean DWP's fiscal year, which
is July 1 through June 30 of the following year.
At the conclusion of each fiscal year following
commencement of commercial operations by LMC of its · ft proposed refined soda ash facility at OWens r.,ake,
DWP shall invoice·LMc for LMC 9 s propor.tionate share
of costs pursuant to paraqraphs S(b) and S(c).
If requested by LMC ~ DWP shall pro~:ide proper
documentation as provided to DWP by the District
to support such charges. LMC agrees to pay su~h
invoices within thirty (30) days from the date of
such invoice.
I&qc has an obligation to pay proportional reseai:~h
conts to OWP that ac~rued from the date of the
land exchange ·to the date of the commencement of
commercial operations as provided in paragraph S(b)o
This payment of accrued research cost is due on
the date of commencement of commercial operation
and is not limited by the $100,000 annual limit
provided for in tile following para9raph.
The maximum total c0ir-~ined amount that LMC shall
be obligated to reimburse to DWP pursuant to the
provisions of paragraphs S(b) and S(c), shall not
exceed $100,000 during the first full fiscal year
following commencement of commercial operations
by LMC of its proposed re~ined soda asb_facility
at: OWens Lakeo Thereafter, the $100,000 maximum
annual reinbursem.ent due from LMC pursuant to
paragraghs S(b) and S(c) shall be subject annually
to escalation or de-escalation, based on tn.e average
percentage change for the following indicator for
so long as said indicator exists and its data is
published:
(i) The Engineering News Record Index for General ~onstructiori for the end of the fourth quarter of each prec~ing calendar year. The reference index shall be the final index for the end of the fourth quarter of the caienda_:t
,,.. .,, ~ : ....... "'- ·~ ~··"'~ ... ~ ',
. ,,:·_~,·:;: '.\,_ '.~(IT.;~~.,,;,~~ ··.:r;:·~'i~;}7:-1f~~:i~-~~~?'~~i'.~~~T-'" 14· _, .. , . , ;
year immediately followinq the first full fiscal year following commencement c.>f commercial operations by LMC of its proposed refined soda.ash facility at OWens Lake.
The maximum reimbursement due from LMC pursuant: to
paragraphs 5 (b) and 5 (c). at tha end of the fiscal
year in which commerci~l operations are deemed to
ce».'lmence at the soda ash facility shall be adjusted
downward in the same proportion as the days
remaining in said fiscal year. For example, if commercial operations are deemed to commence at tlie
soda ash facility on April 1 of any particular
fiscal year, the maximum reimbursement due from LMC
pursuant to paragrap"'s 5·:!>) and 5 (c) at the, e:qd of
that fiscal year. (Jun~ 30), would be $~5,000
(25% of $100,000).
If during any fiscal year, following the first fu!l
fiscal year.after commencement of commercial
operations by LM<;, LMC's proportional share of
costs pursuant to paragraphs 5(b) and S(c) excee4s
$100,000, as adjusted for ~scalation, such excess
share of coats over the adjusted $100,000 shall be
carried over to future years.
,,,,,., ·c"'°")':'·' ~; -~~""'·'"' '' '-;~.•; ;._,, ·-. ,_. ~ . .-~ , '.:-'""""·' "~~h -~"' . , ~ ,_v_,-,~c"'m '-'·:.'' ·~ <\·•"'«c-·o:'- '."''.':"f'-·::--~:"' :" '-::"""", ,.,.,,,~,._ '"1'_': o. , ----- ·. ,, - -- , -_. ' _, '* -~ ' • ~;~ .,
-~?:>;:~';'.?J::;·- -(· ·-:. ,_ -- ~'{ ·-··-~'":-':-~{;7:-·ii_g,;,t; ·;f---:-t "-;,~{.:;,~·' .. : .. i·s- _:"~-T- ;~~- --~;,;--":'.·~"'.::'.~~~::~~~~"·;-'.;~~~:f:r~y.{,_~-: ;/~ i :'.:·;'- ,·
5. All payments for accruals requir~d by para9raphs
S(b) and S(c) shall cease and LMC shali have no obli~atiori to
make such payments or accruals at such time as LMC permanently
discontinues operation of its proposed soda- ash facility at
Otfens Lake and provides thirty (30) days advance written notice
to tha~ effect to DWP.
7. In the event either party ("non-breaching party".-)
is requir~ to commence legal action against tho other party
(•breaching party") to enforce a.ny of the provisions of this
Agreemm!.t and the non-breaching party prevaila in such action,
th1l:! breaching. party agrees to pay all costs and expenses,
inclucli.ng reasonable attorneys' fees, incurr~d· by. the
non-b~eachinq party in brinqinq ·such action. . '
8. ~his Agreement shall be binding upon and inure to
the benefit of ~~ parties hereto and their respective succes~ors
and assigns.
1-:..\W!DAR PAG~. . ~ ~ j 1 - · , b9 1 M!NUl'E?AGe.. :.--. · - _ ... , • ~ "'"" ~ ., _ _; ..... - !
. .. <·,,;;-'.' . 'i! .·• ~·~:f ;itf f~11r:t;J~;:·.:··~ .··:)~:~~::::·~ ~· ·;·!::~~~~~~~~;~~~r;;{~~~r~·
IN WITNESS WHEREOF, th1.e partie~ have ex1ecuted this
Agreement as of. the date fi.'cst i1et forth ab9ve.
DEPARTMEN'l' OF WATER AND POWER . OF THE CITY OF LOS ANGEUS
By BOARD OF WATER AND !>OWER COMMISSIONERS
OF TBE CITY OF LOS ANGELES
... "l . Its: PR~IDENT
(:. '
6 5
UI 17
29
13 18 17 .. ~
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PROPOS'ED LAND EXC.HANGES BETWEEN LOS ANGELES AND ·STATE LANDS COMMISSIOt4
Pheao 1 - Parcelr; A a ti (tQ-14)
Ptuaoca ! - Parcels C~ D I E
\&~Ins Ncgotlat~d)
c ~ •~1.1 Acree - City t.aai:Yo Gtia~fJ
~ - 1~0.G Acrea - Qtate Land 'tQ Cit~
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~'ROPOSE,O LAND EXCf1·ANGES BC:'fWEEN LOS ANGELES AND STATE LANDS COMMISSION
?ll~ae ~ - Parcelo A & -9 (t0-8'4)
Phaao I - Parcels C, D l E (Boi~e HtH)oUaicui>'
~·Y!J.l• 20 ACUG .. C:ty La~d To 8Hto
6 - act- 1.~ru1 - Stat~ e,.a~•*Te "cn1
C ~ 481.7 AcrcHi - ·~111 La~G!·flo Stet•
D ~ -=~a.18 t\~HO - etuto a.and To ~lty
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j~S<~~t~~!-~\t~ir~ .; ,,. · .-(t-'
EXHIBIT "C"
LAND DESCRIPTION
w 23l58 w 40243
Three parcels of land situated in the County of J.nyo, State of California, being more panicuWiy described as follows:
Parcel Na. 1
Lots 1 t.lnd 2 of the fractional nordleast quarter, the nonhwt.st quanu of the fractiorw southeast quaner, and the East half of the North half of Lot 1 of the soutllwest quMU:i" of fractional Section 6, Township 18 South, Range 37. East, MOM, according to the Official Plat thereof, dated August 13, 1856.
fllr1'1 No. 2
ALL those Lakclands lying in Sections 6 and 7, Township 18, Southl Range 37 Eas~ MOM.being the same lands more parJicularly described in the iltld notes of survey for Lakeland Location 2175, on file in the Office of the califomia State Lands Cominission;'. arid being the same lands gra11tcd to Irving Fsschcr by the State of California, by Patent-. No. 355, dated November9, 1907. · ,.
ALSO, all those Lakelands lying in Sections 5 and 6, Township 18 South, 'Range. 37 East, MDM,b-:;ing the same l&nds more particularly described in the field notes of survey for Lakeland Location 2168, ~n file in the Office of zthe California State Lands Commission', and .being the ~ Jantis granted to Irving FiS{;net by the Staie of California. by Patent No. 353, dated July 20, 1907. ·
ALSO, all those Lakclands lying in Sections Sand 6. Township 18 South, Range 37 East, MOM.being the same lands more particularly described in the field notes of survey for Lakelmd Location 2159, on f'ilc in the Office of the .California ·state L111cis Commission, and. being the same lands granted to Irving Fischer by the State of California. by Patent No. 371, dated November 4, 1910. -
Parcel No. 3..
An easement for ingress and egress over a strip of land 100 feet in width lying southerly of the following described line: ·
. BEGINNIN'G at the nonheast corner of Lot No. 1 of Lite nonhwest quarter of fractional Section 6, Township 18 South, Range 37 East, MDM. according to i.~t Official Plat thereof, dated August 13, 1856; thence westerly along the northerly line of said Lot No. 1 to the northeast comer of Lot No. 1 of the nonhcast quam~r or Section 1, Township 18 South, Range 36 East, MOM, accotding to the Official Plat thereof, d1lted August 13, 1856; then~ westerly along the northerly line of said Lot No. 1 to the easterly right..of~way line of U. S. Highway 395 and the end of the herein described line; the southerly line of said 100 foot strip to be leng1hened or sh:mened to taminatc at said casrmy -right-of-way line.
END OF DESCRIPTION
PREPARED SEPTEMBER 6, 1989, BY BOUNDARY INVESTIG~t1Np: NO:':t.:" 2'2 ~- 11•
:CALENDAR PAGE~2 ""_ ...... ~ ' . ' ' '1'· 4 b f JM!NUTE PAGE-:-:,-,_ ----~----
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";, - -
·. · «'i~~,~f~~~it~~~·mp>z~i¥f!R~'> - ~ . . ~:." :.. .,,;-.... , ... ,, ... )f;~~~~y.:··' "'''
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I s
~ ,I ~ N
"j- i T - - - -
S.P.R.A./ I R-O·W (Abandon ad)
1-I'
I' I 0
7 G
I PARCEL. "C"
J CITY lANos TO BE
ACOUiRED av S'fATE FROM LA.D.W.P.
I -· STATE LANDS ~ce~·c- COMM!SSloN
7ACRES W23158 W40243
-- --+- - ,_...;;.._. SEPTEMBER 1989 T1~,R37F.,M.D.M.
', :~\::~~:~,·~:v~;~.~~~:: ,,~ ~: ' ~~~ ~~~~~~?;-~ ~~~, ,','?"t ,,. ·>... ,,. "" -.. , ,,
~·~~ ?~~~~·~::~:.:~~:~~~ :~. ~~,:~;~~~ ~,'. ~:· < ,_ ' -, , " - ~, -
., i.,51·,,.~>~··?::,·. :· :~;,~~: ~~{"~z~~r<~~:.:
LAND DESCRIPTION
.,..., .. r
·w 23158 w 40243
Those lands situated in Sections 1 and 12. Township 17 South, Range 36 East, MDM, in the County of Inyo, State elf California, being a portion of Parcels~ 4, and 6, as.conveyed by PPG lndilstties, Inc., a Corpc:1ration of the Commonwealth of Pennsylvania. to the State of California, by that ce:tlfa Corporation Gra.·u D=. :=rded October ~ 1, 1983, as Document No. 834719 of , the Official records of In:vo County. and being more particularly descnbed as follows:
Pan;el No. l
The N<>rW half of tbe fractional nonhwest quancr of Section 12, Township 17 South, Range 36 East. MDM, shown as having 52.40 acres, according to the Offi.~w Plat thereof, dated Augus.t 13, 1856, for whicll Patent No. 978380 from the United States of America to Waltei· A. Kuhnert was issued under the date of April 29. 1926, and is recon:lcd in the Office of Inyo Cotmty Recorder, in Volume 7c Page 357, of Official Records.
Eared flo. =!
The fractional southeast quartei· of the southwest quarter of fractional Section 1, Township 17 South, Range 36 East. MDM, according to the Official Plat thereof, dated August !3, 1856.
ALSO, the northeast quarter of the southwest quarter of fractional Section 1, Township 17 South, Range 36 East. MDM, acconling to the Official Plat th~reof, dated August 13, 18~. .
ALSO, .the West half of the southw~ quarter of fractional Seetion 1, Township. 17 South, Range 36 East. MDM. according to the Official Plat thereof, dated August 13, 1856. . .
EXCEPTING THEREFROM any portion thereof which was below.the ordinary high water mark of Owens Lake as it existed on September 9, 1850.
SUBJECT TO any and all easements and righcs.;Q£.;w~y, whether of record or not, granted to and held by the Southern Pacific Company. ·
fared Nq. ~
The South half of the fractiQnal.so~f!!~ (\Ua.rter of Section 12, Township 17 South, Range 36 East, Mor.~. ~~uiiig fO the Offi~al·Plat thercof9 dated August 13, 1856.
ALSO, the South half of the fractional nonbwcst quarter of Section 12, Township 17 Sou~ Range 36 East, MDM. according to the Official Plat thereof, dated August 13, 1856. . ,
ALSO, the North half of the fractional southwest quarter of Section 12, Township 17 South. Range 36 East, MOM, according to the Official Plat thereof, dated August 13, 1856.
1
,,::3~~r~::c~:·; · · "
The said Parcels No. 2, 4. and 6. having been previously conveyed to Columbia-Southern Chemical Corporation by Pittsburgh Plate Glass 0-rppany by Deed dated December 1. 1952 and Al recorded in Volume 100. Page 363, of Official Reco1ds of Inyo County. 9'
EXCEPTING from the within conveyance of Parcels No. 2, 4, and 6, as hercinbefore described, the following lands and interests in lands heretofore conveyed or granted ·and as excepted and reserved in the said Deed from Pittsburgh Plate Glass Company to Columbia·S~thctn Chemical Corporation:
All that certain parcel of land conveyed by Pittsburgh Plate Glass Compl.aly to the State of California by Grant Deed, dated July 2, 1952, recoroed in Volume 98, Page 117, Official records of Inyo County, and being more particularly described as follows:
A pan:el of land lying across the West half of the West. half of SC(:tion 12, tnd the West half of the Southwest quarter of Section 1, all in Township 17 S1luth, Range 36 Eas~ MDM, in the County of Inyo, State of California, which said p&TCel of lar.d is more particularly described by metes and oounds as follows:
BEGINNING at the southwest earner of said Section 12; thence North 00° 01' 08" West, along the west lice of said Section· 12, a distance of 15TI.68 ft~et; thence, leavitig said West Section line, North 04° 03' Ea:;t, lOSl.86 feet; thence along a curve to the right with a radius of 20,mm.oo feet through an angle of 01° SO', a distance of 642.Sl feet; ther1ce Nor.It 03° 53' East. 4,66~52 feet to the Nonh line of said West half of the South west quarter of Section l; thence East along said North line, a distan-ce of 130.68 feet; thence, leaving said North line, South 05° 53' West. 4,675.91 feet; thence along a curve to the left with a radius of 19,950.00 feet, through an angle of 01° SO' a dismnce of 638.35 feet; then~ South 04°03' Wes~ 1.206.74 feet; thence South CXf 32' East, 194.02 feet.; thence from a tangent which bears South 11°19' 26" West, along a curve to the left with a radius of 3,329.20 feet. through an angle of 21°09' ·20", a distance of 1,229.25 feet to a point on the South line of said Section 12; thence West along said South line of Section 12, a distance of 103.42 feet, to the POINT OF BEGINNING.
Consisting of 22.38 acres, more or les~ including 14.49 acres lying within the existing highway and within railroad right of way.
ALSO EXCEPTING from the within conveyance of Parcels No. 2, 4, and 6, as hereinbefore described, the following !ands and intel'CSts in lands heretofore conve)oo or granted by the said Columbi&-Southem Chemical Corporation:
All that certain parcel of land conveyed by Columbia-Southern Chemical Corporation to the Srate of California, by a Grant Deed, dated October 2, 1956,recorded m Volum~ 123, Page 572, Official records of Inyo County, and being more particularly described as follows:
BEGINNING at a point in t.'lc West line of said Section 12, distant North <Xf 01°08" Wf!St, 1577.68 feet from the southwest comer thf'J'eef, an angle point in ~westerly. l\ne of the existing State Highway Lands. described in the Deed. recorded July 16, 1951~ reconicd in Bcok 98, Page 117, Official records of Inyo County, said point also beil'.lg distant North 85°57' \Vest, 80.00 feet from Engineer's Station K7 206+91.59 of the baseline of State Highway, Road IX-Iuy-23-K; thence, from said POINT OF BEGINNING, alor.g ~td westerly line desaibed in said Deed,~ Q42W-Smt, 826.74 feet to the inte4'Section thereof with the northwesterly liile of the 1929 Stite 2 3 0 Highway, per S.C.C. 2739; thence South 15° 00' 05" West, 2.27.05 feet to the 4 2 intel'SCCtion of said 1929 State Highway, with said West S=ion line;·thence along said West section lin~ South 00°01' 08" East, 605.37 ff:et. more~ less, to the POINT OF BEGINNlNG. ~~Mi_ -
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Conveyance of all of the parcels hercinabove described. together with the appurtenances thereto, is made expressly subject to all legal highways and to any and all valid subsisting conveyances, conditions, covenants, restrictions, reservations. e'cceplions, rights of way, easements, servitudes, and encumbtances affecting the same or any pru : thereof, whether or not specifically recited in this Deeti
TOGETHER WITH all accretions and rclictions accruing to said Parcels No. 2, 4, and 6, as described in said Confinnatory Dt;ed from Columbia•Southem Chemical Corporation to Pittsburgh Plate Glass Company.
EXCEPTING FROM the abo·1e la.rids described in said Confinnatory Deed from O:>lumbiaSouthf'J'Tl Chemical Corporation to Pittsburgh Plate Glass Company, recorded in Volume.176, Page 149, Official Rccoros of Inyo County, those portions af Parcels No. 2, 4, and 6 bc~g more particularly described as follows:
Parcel 3 as shown on Parcel Map No. 70, filed in Parcel Map Book 1, Page 46, in r.he Office of the County Recorder of Inyo County.
ALSO EXCEPTING FROM the above lands described in said Confinnatory ~those portions of Pateels No. 2. 4, and. 6 lying easterly of the westerly right-of-way line of the Southern Pacific Railroad Company railway right-of-way.
RESERVING an easement for ingress and egress over 3 strip m land 100 feet in width lying · nonherly of~ northerly line of Pal"Cel 3 as shown on Pam:l l\Aap No. 70, filed\~ Pared.Map
Book l, at Page 46. in the Office of the County Recorder of Inyo County, described t\S follows:
BEGINNING at the intersection of said northerly line of Parcel 3 with the westerly line of th~ Southern Pacific Railroad Company right-of-way; thence westerly &long said northerly line to the easterly right-of-way line of U. S. Highway 395 and the end of the herein described line; the nonherly line of said 100 foot strip to be lengthened or shoncned to tenninate at said easterly right-of-w-.iy line.
ALSO RESERVING an easement for ingress and egress over a strip of land 100 feet in width lying southerly of the sou~erly line of Parcel 3 as shown on Parcel Map No. 70, f~e4 in'-~el Map Book 1, at Page 46, in the Office of the County Recorder of Inyo County. deseribed as follows:
BEG™NL.l\JG at tiw intersection of said southerly line of Parcel 3 with the westerly li.'lc of the Southern Pacific Railroad Company right--0f-way; thence westerly along said southerly line to the easterly right-of-way line of U. S. Highway 395 and the end of the herein described Iine; the southerly line of said 100 ~:x>t strip to be lengthened Or. shcnened to terminate at said easterly right-of-way line.
DESCRIPTION PREPARED BY OTHERS, REVIEWED AND REVISED SEPTEMBER 6, lJ~::1. BY BOUNDARY INVESTIGATION UNIT No. 3 .
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PARCEL °'O"' 92.SACRES
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SERTEMSER 1989
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LAND DESf-"IUPTION
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w 23158 w 40243
A parcel Qf land situated in the County of K~ State of Califoritia, being more particularly described as follows:
·t.oa 1, 2, 3, 4, S, 6, and 7, ai,d also tbA: Northeast 1/4 of Section 16, To.~ship 2S
South, P'211ge 38 East. MDM. according to the Official Plat thereof, daied April 4, 1930.
~XCEPTING THEREFROM the Southwest 1/4oftheNonheast'i/4ofsaid Section 16. _
END OF DESCRIPTION
PREPARED SEPT.EMBER 6, 1989, BY' BOUNDARY lNVESTIOATION,µNITNo. 3.
17
20
PARCEL '.'E" 398.SACRES
T255, R38E, M.D.M.
KERN COUNTY 21
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PARCEL "E" STATE LANDS
TO BE ACQUIRED !3YCITY
STATE LANDS COMMISSION
,W23158 W40243
SEPTEMBER 1989
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mrE I.ANDS COMMISSION
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QCJOBER 1989
