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HomeMy WebLinkAboutHPC 4.20.2021 Agenda Packet-signed CITY OF BAKERSFIELD HISTORIC PRESERVATION COMMISSION MEETING OF APRIL 20, 2021 AGENDA MEETING 4:00 P.M Development Services Building 1715 Chester Avenue, Bakersfield California First Floor Conference Room SPECIAL NOTICE Public Participation and Accessibility On March 18, 2020, Governor Gavin Newsom issued Executive Order N-29-20, which includes a waiver of Brown Act provisions requiring physical presence of the Commission or the public in light of the COVID-19 pandemic. Based on guidance from the California Governor’s Office and Department of Public Health, as well as the County Health Officer, in order to minimize the potential spread of the COVID- 19 virus, the City of Bakersfield hereby provides notice that as a result of the declared federal, state, and local health emergencies, and in light of the Governor’s order, the following adjustments have been made: 1. The meeting scheduled for April 20, 2021, at 4:00 p.m. at the Development Services Building, 1715 Chester Avenue, Bakersfield California, First Floor Conference Room, will have limited public access to preserve social distancing. 2. Consistent with the Executive Order, Commission members may elect to attend the meeting telephonically or via Zoom meeting app and to participate in the meeting to the same extent as if they were physically present. 3. The public may participate in each meeting and address the Historic Preservation Commission as follows:  If you wish to comment on a specific agenda item, submit your comment via email to the Economic and Community Development Department at edcd@bakersfieldcity.us no later than 1:00 p.m. prior to the Commission meeting. Please clearly indicate which agenda item number your comment pertains to.  If you wish to make a general public comment not related to a specific agenda item, submit your comment via email to the Economic & Community Development Department at edcd@bakersfieldcity.us no later than 1:00 p.m. prior to the Commission meeting. A. ROLL CALL B. PUBLIC STATEMENTS C. APPROVAL OF MINUTES 1.Minutes of the February 16, 2021, meeting for approval. D. CLOSED SESSION None E. CORRESPONDENCE None F. PUBLIC HEARINGS 1.Public Hearing before the Historic Preservation Commission of the City of Bakersfield to consider the Cross of Palms, located at 8226 Rudd Avenue, Bakersfield, CA 93314 as an Area of Historic Interest in Accordance with Bakersfield Municipal Code 15.72 Recommendation: Discussion and consideration of the Cross of Palms as an Area of Historic Interest. Group vote to approve the resolution and designate the Cross of Palms as an Area of Historic Interest. G. REPORTS None H. OLD BUSINESS None I. NEW BUSINESS None J. COMMISSIONER STATEMENTS K. ADJOURNMENT Respectfully submitted, Jacquelyn R. Kitchen, Assistant City Manager and Acting Economic And Community Development Director for Cecelia Griego If anyone wants more information on any of these agenda items, call Cecelia Griego, Economic Development Principal Planner; Economic & Community Development Department at (661) 326-3788. S:\EDCD_Shared\ED Projects\ED HPC\HPC Meetings\2021\HPC 2.16.2021\2.16.21 HPC Agenda.docx CITY OF BAKERSFIELD HISTORIC PRESERVATION COMMISSION MEETING OF FEBURARY 16, 2021 MINUTES Chair Stussy called the regular meeting of the Historic Preservation Commission to order on Tuesday, February 16, 2021, at 4:11 p.m. at the First Floor Conference Room, 1715 Chester Avenue, Development Services Building, with Commissioner Stussy, Butler, McCoy, and members of City staff joining via Zoom. Roll call was as follows: MEMBERS PRESENT: Cathy Butler Stephen Montgomery Susan Stussy Mike McCoy (4:13 PM) MEMBERS ABSENT: Stephen Humphreys STAFF PRESENT: Cecelia Griego Christina Oleson Jason Cater PUBLIC STATEMENTS: None APPROVAL OF MINUTES: 1. Motion to approve minutes from the October 20, 2020 meeting. Minutes approved: Motion made by Commissioner Montgomery; Second by Commissioner Butler. APPROVED: All Ayes Absent: McCoy and Humphrey CLOSED SESSION: None CORRESPONDENCE: None PUBLIC HEARINGS: None REPORTS: None OLD BUSINESS: 1. Historic Preservation Commission Education and Outreach Updates Staff informed the Commission that this item was being presented to allow the Commission to discuss ongoing education and outreach items, particularly updates to the Historic Preservation Commission webpage and the Rehabilitate Bakersfield Right Handbook, and distribution efforts/updates to two educational brochures. Staffed informed the Commission it is currently securing estimates from vendors to do the update and that they would provide more feedback as they get estimates from professionals. The Commission asked which brochures were being submitted and when the Commission will be able to review a proof of the new draft. Staff informed the Commission that the Walking Plaque Tour and the Stepping into the Past brochures are being reviewed for redesign. Due to staff workload, an outside vendor will be needed rather than internal staff. The Commission requested they be able to review the updates prior to finalizing the design. Staff stated that step would come later, however staff will review the updates with the Commission once completed. 2. Historic Preservation Commission Consultation Letter – Jastro Park Stage Restoration Commission Stussy asked who the Commission’s contact at Recreation and Parks is since Diane Hoover is no longer working for the City. Staff informed the Commission that Fidel Gonzales is our staff contact and Darin Budak is Acting Director of Recreation and Parks. Staff informed the Commission that Recreation and Parks is currently competing cost estimates for the retrofits and is requesting a summary of comments from the Commission. Staff informed the Commission that the letter in the meeting packet contains updates from the October 20, 2020 meeting with modifications to the original letter to account for discussion during the October 20, 2020 meeting. Motion: Accept the letter as submitted on February 16, 2021 to submit to Recreation and Parks on behalf of the Commission. (MCS Butler as presented/Montgomery) Vote: All Ayes. Absent: Humphrey NEW BUSINESS 1. Historic Preservation Commission Committee Member Review and Updates Commissioner Stussy recommended that Committee assignments be reviewed and adjustments be considered to incorporate Commissioner McCoy as needed. Committee assignments were reviewed. Commissioner Stussy asked if assignments needed to be voted on by the Commission. Staff informed them that a vote was only needed if changes were made to the assignments. Commissioner McCoy stated he had interest in joining the Mills Act Ad Hoc Committee, however Committee rules allow only two members to serve on each committee and as such, someone would need to step down from a committee assignment to create a vacancy. After discussion from the Committee, it was decided that Commissioner McCoy would be focusing his energy and interest on the Mills Act and the Committee assignments would remain the same. Commissioner McCoy also recommended having a meeting at the Kern County Museum to discuss the Mills Act program with local property owners, subject to COVID-19 safety protocols. Commissioner Montgomery and Stussy were supportive of the idea for an outreach meeting at the Kern County Museum. No changes to committee assignments were made. Commissioner Stussy requested we document the Commission’s focus on continuing the Mills Act effort forward. 2. Updates to the East Bakersfield and Downtown Historic Survey Commissioners Stussy requested an update from staff on efforts to procure a professional to update the existing historic surveys. Staff informed the Commission they were contacting professional survey groups to get estimates to aid in securing funding in the upcoming city budget, which will begin July 1, 2021. The cost estimates also include considerations for the Oleander Area and the Westchester Area at the recommendation of Commissioner Montgomery. Staff informed the Commission that most likely there would be enough funding to only do one of the four areas. However, collecting cost information for all four areas would inform ongoing discussion about surveying those areas in the future. The Commission asked about next steps. Staff informed them that staff would get cost estimates from qualified groups to get a budget request in for the upcoming fiscal year. If approved, staff would procure a qualified consultant to begin undertaking the update. The Commission was supportive of the effort. Commissioner Montgomery stated he was thankful that other areas such as Oleander and Westchester, which were omitted from the effort in the 1980’s, are a part of this effort as they have a number of eligible properties which should be reviewed. COMMISSION STATEMENTS: Commissioner Stussy asked if Commissioner Butler had begun outreach efforts with the Mills Act letter. Commissioner Butler stated that, due to COVID, limited outreach had been undertaken at this time. Commissioner Montgomery informed by the Commission that he was currently working on the Rehabilitate Bakersfield Right handbook and was hoping to get an update of design and other textual errors, including discussion about pre-European cultures and their lives in Kern County. Commissioner Stussy requested an update on the building permit for the Hayden Building to install an awning on the property’s facade. Staff informed Commissioner Stussy that the City had not received a permit from the owner nor a contractor and as such, no hearing is scheduled at this time. Once a permit is filed staff will notify schedule a hearing to review the proposal. Commissioner Stussy noted that her term on the Commission is expiring and wanted to ensure everyone is current in membership. Staff informed the Commission that four of the five members terms are expiring in March 2021 and as such, those members should contact the City Clerk’s Office to ensure they get their application in. Commissioner Stussy requested that the Mills Act letter be revised as it is too wordy. Staff informed the Commission that the letter was already approved at the October 20, 2020 meeting and as such, a new letter would need to come back to the Commission for review and approval. Commissioner Stussy requested a motion be made to revise the existing letter that will go out in support of the Mills Act. Motion: Revise the existing letter that will go out in support of the Mills Act and bring it back to the Commission for review. (MCS Montgomery as presented/Butler) Vote: All Ayes. Absent: Humphrey Commissioner Stussy stated that Ken Hooper is in contact with Bitwise Industries from Fresno, who is asking for two historical markers for the Turk Building and the Vincent Cyclery Building. Commissioner Stussy asked if the Commission could provide any assistance in terms of the properties history. Discussion was had regarding the history of each property and, after discussion, it was recommended that Ken Hooper be put in contact with Stephen Humphrey to provide more information on the properties and their history. ADJOURNMENT: The meeting adjourned at 5:12 p.m. by Commissioner Stussy. (M/S/C McCoy/Butler) 1 | Page A D M I N I S T R A T I V E R E P O R T Meeting Date: April 20, 2021 Agenda Section: Public Hearing Agenda Item: F - 1 TO: Historic Preservation Commission FROM: Economic and Community Development Department DATE: April 14, 2021 SUBJECT: Public Hearing before the Historic Preservation Commission of the City of Bakersfield to consider the Cross of Palms, located at 8226 Rudd Avenue, as an Area of Historic Interest in Accordance with Bakersfield Municipal Code 15.72 RECOMMENDATION: Discussion and consideration of the Cross of Palms as an Area of Historic Interest. Group vote to approve the resolution and designate the Cross of Palms as an Area of Historic Interest. BACKGROUND AND SITE SUMMARY: In April 2021, staff received an application signed by the property owner of the Rosedale Ranch property requesting the “Cross of Palms,” a unique landscaping feature located on the property, be considered for designation. The area under consideration spans across three parcels of land (APN: 463-010-06, 463-010-13, 463-010-14). The segment of the property included in the application incorporates an approximate one-mile segment of Rudd Avenue and a private road within the property which intersect and are lined by the Palm trees. A map of the proposed area is attached. According to the applicant, the area under reviewed is eligible because “The Cross Palms is the most significant remnant of the failed Rosedale Colony, as effort that sought to subdivide and sell tens of thousands of acres of land in 20-acre parcels. The Cross of Palms has retained its integrity of location, design, and association with the vision and plan outlined by the failed colony’s organizers.” HISTORICAL DESIGNATION: Purpose. The purpose of the City’s Historical Preservation process is to promote the public health, safety and general welfare by providing for the identification, protection, enhancement, perpetuation and use of improvements, buildings, structures, signs, objects, features, sites, places and areas within Bakersfield that reflect special elements of the city’s architectural, artistic, cultural, engineering, aesthetic, historical, political, social and other heritage for reasons specified in the Bakersfield Municipal Code (BMC). 2 | Page Municipal Code – Area of Historic Interest. In accordance with BMC 15.72.050, any improvement, building, structure, sign, features, site, place, or object may be designated as an Area of Historic Interest if it meets one or more of the following criteria: A. It exemplifies or reflects special elements of the city, community or neighborhood’s historical, archaeological, cultural, social, economic, political, aesthetic, engineering or architectural development; or B. It is identified with persons or events significant in local, state, or national history; or C. It embodies distinctive characteristics of style, type, period, or method of construction, or is a valuable example of the use of indigenous materials or craftsmanship; or D. It is representative of the notable work of a builder, designer, architect, engineer, landscape architect, interior designer, artist or craftsman; or E. Its unique location or singular physical characteristic(s) represents an established and familiar visual feature of a neighborhood, community or the city; or F. It is an archaeological or paleontological site, which has the potential of yielding information of scientific value. Application for Designation. In accordance with BMC 15.72.080, designation as an Area of Historic Interest may be initiated by the property owner, the Historic Preservation Commission, or the City Council. This distinction celebrates areas within the city which have distinctive character or special historic, aesthetic, architectural, cultural interest or value. Designation as an Area of Historic Interest increases public visibility about the historic significance of the area and encourages continued preservation to protect the area’s history and unique identity. Effect of Designation: In accordance with BMC 15.72.190, the following applies to areas that have been deemed an area of historic interest: A. Persons who shall carry out or cause to be carried out, any alteration, construction, or relocation of a structure within an area of historic interest are encouraged to do so with respect to the overall look and feel of the an area of historic interest. The historic preservation commission is and can be a resource for people undertaking these types of projects. People wishing to utilize the knowledge and resources of the historic preservation commission, should provide to the commission through city staff whatever detailed information (plans, drawings, agreements, etc.) are required or necessary to describe the intended work and any additional information necessary for the commission to assist in the project. B. Nothing in this section shall be construed to prevent the maintenance or repair of any exterior architectural feature in or on any property located in an area of historic interest. However the goal of having the designation of an area of historic interest is to help preserve these areas for the future. The proposed work should not adversely affect the architectural features of the structure, where specified in the designation; nor should the proposed work adversely affect the special character or special historical, architectural or aesthetic interest or the relationship and congruity between the subject structure or feature and its neighboring structures and surroundings. 3 | Page CROSS OF PALMS DETAILS: Site History. Situated on two rural roads in northwest Bakersfield, the Cross of Palms is the most visible remaining remnant of the failed Rosedale Colony. This landscape feature is a distinguishing component of the colony, an effort by the Kern County Land Company to subdivide the property into smaller parcels of land, generally 20 acres, to sell to developers. The plan never succeeded and as such, the land continues to be used for agricultural purposes. As seen in the attached aerial, the area consists of a few hundred Washingtonian palm trees spanning ½ mile in each direction of the intersection. In 1993 the cross contained approximately 329 palms, however since that time some of the palms have been removed. The north-south strip of palm trees sits along Rudd Avenue while the east-west portion remains along a private road. Your Commission is to determine if the Cross of Palms is eligible for designation as an Area of Historic Interest under criteria described above. The palm trees exist today as a pronounced visual element of the Rosedale Colony and stand as a physical reminder of the undertaking, demonstrating the grand vision for the area’s development. Today, they are the only visible icon in the area which encapsulates what was proposed for the area. Site Conditions. Per the applicant, the trees were determined to be in fair condition in 1993. However, per a recent article in the Bakersfield Californian, concerns about their health and close proximity to existing powerlines has led to the removal of some trees by Pacific Gas and Electric (PG&E). In the past six months, the utility company has removed thirteen trees from the property. At this time, the remaining portion of the Cross of Palms located north of the intersection and a segment to the east remains in close proximity to the powerlines. Consultation with the State Historic Preservation Commission on August 14, 1997 determined the Cross of Palms to be eligible for the National Register of Historic Places (NRHP). Per correspondence, the property is eligible under Criterion A and C as enumerated in 36 CFR 60.4. A copy of the letter is attached. On December 14, 2005, the Bakersfield City Council approved the Rosedale Ranch master plan; the 1,655-acre area will be developed into a mixed-use master-planned community. The project includes approximately 5,541 single family dwelling units, 900 multi-family dwelling units, 714,4681 square feet of commercial/retail uses, 391,150 square feet of commercial/office uses, parks, schools, and open space. Traffic circulation for the area consists of a series of new collector and arterial streets which form a coving circulation pattern. Entrance to the area of Rudd Avenue will utilize the palm trees as a distinguishing feature of the plan area, providing branding and historical context to the area. An Environment Impact Report was prepared for the Rosedale Ranch project and a mitigation measures incorporated into the ordinance required the following: Prior to development within the proposed project site, the applicant shall retain a qualified archaeologist with experience in evaluation of rural historic landscapes to further characterize the project area and determine its potential contribution to a historic landscape. Additional archival research shall focus on determining the potential for the proposed project area to be a component of a rural historic landscape associated with the industrial agricultural and speculative activities of the KCLC, the Rosedale Ranch, and the Rosedale Colony by a qualified historical archaeologist and/or historian. Archival 4 | Page research shall include determining the boundary of the original KCLC Rosedale Ranch and the Rosedale Colony, developing an appropriate historic context for the landscape, determining the features associated with the landscape, and determining the potential for subsurface historical archaeological deposits associated with the ranch operations and with the Rosedale Colony within the proposed project area. If the qualified historical archaeologist and/or historian determines that the proposed project area is a component of a rural historic landscape and that it is eligible for listing on local, state, and/or federal registers, management recommendations shall be provided to the Lead Agency. Management recommendations may include, but are not limited to, a cultural resources management plan, a formal nomination to historic registers, and treatment measures for archaeological sites. If the qualified historical archaeologist and/or historian determines the proposed project area is not a component of a rural historic landscape, individual cultural resource evaluations may be required to determine the individual eligibility of existing features and archaeological sites. The project also included a Master Plan of Parks and Trails adopted on February 16, 2008. This plan utilizes the existing Cross of Palms as two pedestrian trails to connect five parks within the plan area and a regional park proposed at Rudd Avenue and Seventh Standard Road. As seen in the attached trails plan, the Cross of Palms is the defining feature for the plans trail circulation, which connects community level parks to each other around this defining feature. The Palms play a defining role in preserving the character of the area while branding its future development. PUBLIC NOTIFICATION: Notice of public hearing before the Historic Preservation Commission of the City of Bakersfield for the proposed designation was published in The Bakersfield Californian on April 9, 2021. The applicant and property owners within 300 feet of the project site were notified on April 9, 2021, by United States Mail of the public hearing in accordance with Bakersfield Municipal Code. NEXT STEPS: Commission Action. In accordance with BMC 15.72.110.B, an area shall be recommended for designation as an area of historic interest upon the affirmative roll call vote of a majority of the authorized membership of the commission. No approval by the city council is required. Required Findings. If the Cross of Palms is considered an Area of Historic Interest by your Commission, the following findings are consistent with the criteria established in Bakersfield Municipal Code: - the Cross of Palms is a visual reminder of the Rosedale Colony and past efforts to develop the property. It embodies a unique physical characteristic in the City of Bakersfield which is tied to the area’s history; - the Cross of Palms reflects special elements of the city and a neighborhood’s historical development; and - the Cross of Palms unique location or singular physical characteristic(s) represents an established and familiar visual feature of a neighborhood, community or the city. 5 | Page Attachments: - Area of Historic Interest – Aerial - Project Site Photos - Master Plan of Parks and Trails – Rosedale Ranch - Correspondence with the State Historic Preservation Office dated August 14, 1997 - Community Correspondence Page 1 of 2 RESOLUTION RESOLUTION APPROVING THE CROSS OF PALMS LOCATED AT 8226 RUDD AVENUE, BAKERSFIELD, CA 93314 AS AN AREA OF HISTORIC INTEREST WHEREAS, Keith Gardiner (OWNER) has applied to the Historic Preservation Commission for designation of property located at 8226 Rudd Avenue, Bakersfield, CA 93314 more fully described in Exhibit “A”, (herein “the Property”) as an Area of Historic Interest pursuant to Bakersfield Municipal Code (BMC) 15.72.080 and for placement on the Bakersfield Register of the Historic Places; and WHEREAS, the application submitted by the OWNER explained the historic and architectural significance of the Cross of Palms; and WHEREAS, the Historic Preservation Commission held a public hearing at the April 20, 2021 Historic Preservation Commission meeting to consider the application in accordance with Municipal Code 15.27.080; and WHEREAS, the Historic Preservation Commission received public testimony regarding the evidence for or against the proposed designation; and WHEREAS, the Commission recommended the Property that encompasses the Cross of Palms be designated as an Area of Historic Interest and meets one or more of the criteria established in Bakersfield Municipal Code 15.72.050 after a group vote. NOW THEREFORE, the Historic Preservation Commission of the City of Bakersfield does hereby resolve as follows: 1. The Cross of Palms is a visual reminder of the Rosedale Colony and past efforts to develop the property. It embodies a unique physical characteristic in the City of Bakersfield which is tied to the area’s history. 2. The Property is eligible for designation as an Area of Historic Interest and meets the following criteria: a. It exemplifies or reflects special elements of the City’s, a community’s, or neighborhood’s historical, cultural, social, economic, political, aesthetic, engineering, architectural development; b. Its unique location or singular physical characteristic(s) represents an established and familiar visual feature of a neighborhood, community or the city. 3. The property located at 8226 Rudd Avenue, Bakersfield, CA 93314 is hereby designated as an Area of Historic Interest of the City of Bakersfield by the Historic Preservation Commission. Page 2 of 2 ---------------oOo-------------- I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Historic Preservation Commission of the City of Bakersfield at a regular meeting thereof held on , by the following vote: AYES: ___________________________________________ NOES: ABSTAIN: ABSENT: By SUSAN STUSSY CHAIRPERSON of the Historic Preservation Commission APPROVED AS TO FORM: VIRGINIA GENNARO General Counsel By: CHRISTINA J. OLESON Deputy City Attorney Exhibit A - 1 EXHIBIT “A” Legal Description PARCEL 8: APN 463-010-06; 463-010-14 LOTS 1 THROUGH 15, AND LOTS 17 THROUGH 32, INCLUSIVE, OF SECTION 3, TOWNSHIP 29 SOUTH, RANGE 26 EAST, MOUNT DIABLO MERIDIAN, IN THE UNINCORPORATED AREAS OF THE COUNTY OF KERN, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. EXCEPT ALL INTERESTS CONVEYED TO TENNECO OIL COMPANY, A DELAWARE CORPORATION IN ASSIGNMENT AND CONVEYANCE THEREOF RECORDED NOVEMBER 18, 1988 IN THE OFFICE OF THE KERN COUNTY RECORDER, IN BOOK 6183 OF OFFICIAL RECORDS, AT PAGE 1167, WHICH INTERESTS CAN BE BRIEFLY SUMMARIZED AS OIL, GAS AND OTHER LIQUID AND GASEOUS HYDROCARBONS, AND IN ADDITION THERETO CARBON DIOXIDE, HYDROGEN, HELIUM, NITROGEN, METHANE, SULFUR, (IN EACH CASE IN EITHER LIQUID OR GASEOUS FORM), AND ANY OTHER LIQUID OR GASEOUS SUBSTANCES, INERT OR OTHERWISE, OR ANY OF THEM, AND ANY MINERALS OR OTHER SUBSTANCES PRODUCED IN ASSOCIATION THEREWITH ("HYDROCARBONS") IN, ON OR UNDER THE PREMISES, TOGETHER WITH ALL RIGHTS, PRIVILEGES, DUTIES AND RESPONSIBILITIES IN ANY WAY RELATED THERETO. GRANTEE ACKNOWLEDGES THAT THIS RESERVATION IS FULLY SET FORTH IN THE CONVEYANCE REFERRED TO ABOVE AND THAT IT TAKES TITLE SUBJECT TO THAT CONVEYANCE AND NOT SUBJECT TO THIS SUMMARY WHICH IS FOR CONVENIENCE ONLY. SAID ASSIGNMENT AND CONVEYANCE WAS CLARIFIED BY FIRST AMENDMENT THEREOF RECORDED JANUARY 17, 1989 IN THE KERN COUNTY RECORDER OFFICE, IN BOOK 6200 OF OFFICIAL RECORDS, AT PAGE 1908. ALSO EXCEPTING ALL OTHER MINERALS OF WHATEVER KIND OF CHARACTER, ALL HEREIN COLLECTIVELY CALLED "MINERALS", NOT CONVEYED TO TENNECO OIL COMPANY WHETHER SUCH MINERALS ARE NOW KNOWN TO EXIST OR HEREAFTER DISCOVERED (IT BEING INTENDED THAT THE WORD "MINERALS" AS USED HEREIN SHALL BE DEFINED IN THE BROADEST SENSE OF THE WORD BUT SHALL NOT INCLUDE SAND, GRAVEL OR AGGREGATES) WHICH ARE IN, UNDER OR MAY BE PRODUCED FROM THE PREMISES; ALL SALT WATER, BRINES AND GEOTHERMAL RESOURCES, IN, UNDER OR MAY BE PRODUCED FROM SAID REAL PROPERTY; THE EXCLUSIVE RIGHT, BY WHATEVER METHODS NOW OR HEREAFTER KNOWN, AS GRANTOR OR ITS SUCCESSORS OR ASSIGNS MAY DEEM ADVISABLE, TO PROSPECT FOR, INVESTIGATE FOR, EXPLORE FOR, DRILL FOR, PRODUCE, EXTRACT, REMOVE AND REDUCE TO POSSESSION AND OWNERSHIP, ALL SUCH MINERALS, SALT WATER, BRINES AND GEOTHERMAL RESOURCES, WHICH ARE IN, UNDER OR MAY BE PRODUCED FROM THE PREMISES; THE EXCLUSIVE RIGHT TO DRILL INTO AND THROUGH THE PREMISES TO EXPLORE FOR AND THEREAFTER PRODUCE AND EXTRACT MINERALS, SALT WATER, BRINES AND GEOTHERMAL Exhibit A - 2 RESOURCES WHICH MAY BE PRODUCED FROM ADJACENT PROPERTY; THE RIGHT TO LAY, CONSTRUCT, ERECT AND PLACE UPON AND IN THE PREMISES, AND USE, MAINTAIN AND OPERATE THEREON AND THEREAFTER REMOVE, ALL MACHINERY, FIXTURES, EQUIPMENT, PIPE LINES, TELEPHONE LINES, ELECTRIC POWER LINES, ROADS, AND OTHER STRUCTURES AND FACILITIES AS GRANTOR OR ITS SUCCESSORS OR ASSIGNS MAY DEEM ADVISABLE, FOR THE EXERCISE AND ENJOYMENT OF THE RIGHTS HEREIN EXCEPTED AND RESERVED; THE EXCLUSIVE RIGHT TO TREAT, PROCESS, (BUT NOT REFINE), STORE UPON AND REMOVE FROM THE PREMISES SUCH MINERALS, SALT WATER, BRINES ANO GEOTHERMAL RESOURCES; THE EXCLUSIVE RIGHT TO PRODUCE AND EXTRACT SUCH MINERALS BY SUCH METHOD OR METHODS AS GRANTOR OR ITS SUCCESSORS OF ASSIGNS MAY DEEM ADVISABLE; THE RIGHT AT ALL TIMES, WITHOUT CHARGE, TO INVESTIGATE FOR, EXPLORE FOR, DRILL FOR, PRODUCE, REMOVE AND REDUCE TO POSSESSION AND OWNERSHIP, THOSE QUANTITIES OF FRESH WATER FROM AQUIFERS UNDERLYING SAID REAL PROPERTY DEEMED NECESSARY BY GRANTOR OR ITS SUCCESSORS OR ASSIGNS TO USE IN PROSPECTING, EXPLORING, DRILLING, PRODUCING, EXTRACTING AND REMOVING OR OTHER OPERATIONS IN CONNECTION WITH THE FULL ENJOYMENT AND EXERCISE OF THE RIGHTS HEREIN EXCEPTED AND RESERVED AND ANY AND ALL OTHER RIGHTS UPON SAID REAL PROPERTY AS GRANTOR OR ITS SUCCESSORS OR ASSIGNS DEEMS NECESSARY, INCIDENTAL TO, OR CONVENIENT, WHETHER ALONE OR COJOINTL Y WITH NEIGHBORING LANDS, IN EXPLORING FOR, PRODUCING AND EXTRACTING THE MINERALS, SALT WATER, BRINES AND GEOTHERMAL RESOURCES HEREIN EXCEPTED AND RESERVED; AND THE UNLIMITED AND UNRESTRICTED RIGHTS OF ACCESS TO SAID MINERALS, SALT WATER, BRINES AND GEOTHERMAL RESOURCES AND OF INGRESS AND EGRESS TO AND FROM, OVER AND ACROSS SAID REAL PROPERTY FOR ALL PURPOSES DEEMED ADVISABLE BY GRANTOR OR ITS SUCCESSORS OR ASSIGNS IN THE EXERCISE OF THE RIGHTS EXCEPTED AND RESERVED HEREIN PROVIDED, HOWEVER, THAT GRANTOR, OR ITS SUCCESSORS AND ASSIGNS, UPON BEING PROVIDED PROOF THEREOF, SHALL COMPENSATE GRANTEE OR ITS SUCCESSORS AND ASSIGNS (A) FOR ANY AND ALL ACTUAL DAMAGE TO IMPROVEMENTS, TREES AND GROWING CROPS UPON SAID REAL PROPERTY WHICH IS CAUSED BY THE EXERCISE OF THE RIGHTS EXCEPTED AND RESERVED HEREIN, AND (8) THE REASONABLE VALUE OF THE LANDS USED FOR ACTUAL DEVELOPMENT AND EXTRACTION OF SUCH MINERAL RIGHTS AS RESERVED IN DEED FROM TENNECO WEST, INC., A DELAWARE CORPORATION, RECORDED MARCH 9, 1990 IN BOOK 6355, PAGE 943, OF OFFICIAL RECORDS. PARCEL 9: APN 463-010-13 LOT 16 OF SECTION 3, TOWNSHIP 29 SOUTH, RANGE 26 EAST, MOUNT DIABLO MERIDIAN, IN THE UNINCORPORATED AREA OF THE COUNTY OF KERN, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. Exhibit A - 3 EXCEPT ALL INTERESTS CONVEYED TO TENNECO OIL COMPANY, A DELAWARE CORPORATION IN ASSIGNMENT AND CONVEYANCE THEREOF RECORDED NOVEMBER 18, 1988 IN THE OFFICE OF THE KERN COUNTY RECORDER, IN BOOK 6183 OF OFFICIAL RECORDS, AT PAGE 1167, WHICH INTERESTS CAN BE BRIEFLY SUMMARIZED AS OIL, GAS AND OTHER LIQUID AND GASEOUS HYDROCARBONS, AND IN ADDITION THERETO CARBON DIOXIDE, HYDROGEN, HELIUM, NITROGEN, METHANE, SULFUR, (IN EACH CASE IN EITHER LIQUID OR GASEOUS FORM), AND ANY OTHER LIQUID OR GASEOUS SUBSTANCES, INERT OR OTHERWISE, OR ANY OF THEM, AND ANY MINERALS OR OTHER SUBSTANCES PRODUCED IN ASSOCIATION THEREWITH ("HYDROCARBONS") IN, ON OR UNDER THE PREMISES, TOGETHER WITH ALL RIGHTS, PRIVILEGES, DUTIES AND RESPONSIBILITIES IN ANY WAY RELATED THERETO. GRANTEE ACKNOWLEDGES THAT THIS RESERVATION IS FULLY SET FORTH IN THE CONVEYANCE REFERRED TO ABOVE AND THAT IT TAKES TITLE SUBJECT TO THAT CONVEYANCE AND NOT SUBJECT TO THIS SUMMARY WHICH IS FOR CONVENIENCE ONLY. SAID ASSIGNMENT AND CONVEYANCE WAS CLARIFIED BY FIRST AMENDMENT THEREOF RECORDED JANUARY 17, 1989 IN THE KERN COUNTY RECORDER OFFICE, IN BOOK 6200 OF OFFICIAL RECORDS, AT PAGE 1908. ALSO EXCEPTING ALL OTHER MINERALS OF WHATEVER KIND OF CHARACTER, ALL HEREIN COLLECTIVELY CALLED "MINERALS", NOT CONVEYED TO TENNECO OIL COMPANY WHETHER SUCH MINERALS ARE NOW KNOWN TO EXIST OR HEREAFTER DISCOVERED (IT BEING INTENDED THAT THE WORD "MINERALS" AS USED HEREIN SHALL BE DEFINED IN THE BROADEST SENSE OF THE WORD BUT SHALL NOT INCLUDE SAND, GRAVEL OR AGGREGATES) WHICH ARE IN, UNDER OR MAY BE PRODUCED FROM THE PREMISES; ALL SALT WATER, BRINES AND GEOTHERMAL RESOURCES, IN, UNDER OR MAY BE PRODUCED FROM SAID REAL PROPERTY; THE EXCLUSIVE RIGHT, BY WHATEVER METHODS NOW OR HEREAFTER KNOWN, AS GRANTOR OR ITS SUCCESSORS OR ASSIGNS MAY DEEM ADVISABLE, TO PROSPECT FOR, INVESTIGATE FOR, EXPLORE FOR, DRILL FOR, PRODUCE, EXTRACT, REMOVE AND REDUCE TO POSSESSION AND OVVNERSHIP, ALL SUCH MINERALS, SALT WATER, BRINES AND GEOTHERMAL RESOURCES, WHICH ARE IN, UNDER OR MAY BE PRODUCED FROM THE PREMISES; THE EXCLUSIVE RIGHT TO DRILL INTO AND THROUGH THE PREMISES TO EXPLORE FOR AND THEREAFTER PRODUCE AND EXTRACT MINERALS, SALT WATER, BRINES AND GEOTHERMAL RESOURCES WHICH MAY BE PRODUCED FROM ADJACENT PROPERTY; THE RIGHT TO LAY, CONSTRUCT, ERECT AND PLACE UPON AND IN THE PREMISES, AND USE, MAINTAIN AND OPERATE THEREON AND THEREAFTER REMOVE, ALL MACHINERY, FIXTURES, EQUIPMENT, PIPE LINES, TELEPHONE LINES, ELECTRIC POWER LINES, ROADS, AND OTHER STRUCTURES AND FACILITIES AS GRANTOR OR ITS SUCCESSORS OR ASSIGNS MAY DEEM ADVISABLE, FOR THE EXERCISE AND ENJOYMENT OF THE RIGHTS HEREIN EXCEPTED AND RESERVED: THE EXCLUSIVE RIGHT TO TREAT, PROCESS, (BUT NOT REFINE), STORE UPON ANO REMOVE FROM THE PREMISES SUCH MINERALS, SALT WATER, BRINES ANO GEOTHERMAL RESOURCES; THE EXCLUSIVE RIGHT TO PRODUCE AND EXTRACT SUCH MINERALS BY SUCH METHOD OR METHODS AS Exhibit A - 4 GRANTOR OR ITS SUCCESSORS OF ASSIGNS MAY DEEM ADVISABLE; THE RIGHT AT ALL TIMES, WITHOUT CHARGE, TO INVESTIGATE FOR, EXPLORE FOR, DRILL FOR, PRODUCE, REMOVE AND REDUCE TO POSSESSION AND OWNERSHIP, THOSE QUANTITIES OF FRESH WATER FROM AQUIFERS UNDERLYING SAID REAL PROPERTY DEEMED NECESSARY BY GRANTOR OR ITS SUCCESSORS OR ASSIGNS TO USE IN PROSPECTING, EXPLORING, DRILLING, PRODUCING, EXTRACTING AND REMOVING OR OTHER OPERATIONS IN CONNECTION WITH THE FULL ENJOYMENT AND EXERCISE OF THE RIGHTS HEREIN EXCEPTED AND RESERVED AND ANY AND ALL OTHER RIGHTS UPON SAID REAL PROPERTY AS GRANTOR OR ITS SUCCESSORS OR ASSIGNS DEEMS NECESSARY, INCIDENTAL TO, OR CONVENIENT, WHETHER ALONE OR COJOINTL Y WITH NEIGHBORING LANDS, IN EXPLORING FOR, PRODUCING AND EXTRACTING THE MINERALS, SALT WATER, BRINES AND GEOTHERMAL RESOURCES HEREIN EXCEPTED AND RESERVED; AND THE UNLIMITED AND UNRESTRICTED RIGHTS OF ACCESS TO SAID MINERALS, SALT WATER, BRINES AND GEOTHERMAL RESOURCES AND OF INGRESS AND EGRESS TO AND FROM, OVER AND ACROSS SAID REAL PROPERTY FOR ALL PURPOSES DEEMED ADVISABLE BY GRANTOR OR ITS SUCCESSORS OR ASSIGNS IN THE EXERCISE OF THE RIGHTS EXCEPTED AND RESERVED HEREIN PROVIDED, HOWEVER, THAT GRANTOR, OR ITS SUCCESSORS AND ASSIGNS, UPON BEING PROVIDED PROOF THEREOF, SHALL COMPENSATE GRANTEE OR ITS SUCCESSORS AND ASSIGNS (A) FOR ANY AND ALL ACTUAL DAMAGE TO IMPROVEMENTS, TREES AND GROWING CROPS UPON SAID REAL PROPERTY WHICH IS CAUSED BY THE EXERCISE OF THE RIGHTS EXCEPTED AND RESERVED HEREIN, AND (B) THE REASONABLE VALUE OF THE LANDS USED FOR ACTUAL DEVELOPMENT AND EXTRACTION OF SUCH MINERAL RIGHTS AS RESERVED IN DEED FROM TENNECO WEST, INC., A DELAWARE CORPORATION, RECORDED MARCH 9, 1990 IN BOOK 6355, PAGE 943, OF OFFICIAL RECORDS. Copyright nearmap 2015 ± Prepared by the City of Bakersfield, CA, Economic and Community Development Department. The City of Bakersfield makes no warranty, representation, or guarantee regarding the accuracy of this map. This map is intended for display purposes only and does not replace official recorded documents. 0 0.5 Miles Cross of Palms 300 ft Buffer Parcels 7th Standard Rd S a n t a F e W a y Olive Drive Ze r k e r R d Al l e n R d Kratzmeyer Rd Za c h a r y A v e Ru d d A v e Snow Rd 09126212 09119009 46301014 53001001 46304011 46301013 46301006 46304009 46301018 DateCopyright nearmap 2015 ± Prepared by the City of Bakersfield, CA, Economic and Community Development Department. The City of Bakersfield makes no warranty, representation, or guarantee regarding the accuracy of this map. This map is intended for display purposes only and does not replace official recorded documents. 0 230 Yards 7th Standard Rd S a n t a F e W a y From:EDCD To:Jason Cater Subject:FW: Historic palms Date:Friday, April 16, 2021 4:28:37 PM     From: Anna Marco <anna.osr@gmail.com>  Sent: Friday, April 16, 2021 4:27 PM To: EDCD <EDCD@bakersfieldcity.us> Subject: Historic palms   Warning: This email originated from outside the City of Bakersfield. Think before you click!   Please preserve the eco heritage of the historic cross of palm trees.   These are my reasons why...   Pg&e is remiss to think they priority over a landowner.    It's their responsibility to protect and conserve and work with the public and private sector in saving trees not cut them down as an easy fix especially with concerns of global warming.    Do not allow the company to destroy this bit of wilderness.   Do not set a precedent that the city will infringe the rights of private citizens who are taxpayers and have a right to manage their property as they see fit.   The trees were in place before the utility company    The company should maintain the trees in good faith as an act of charity to give themselves better PR. Californians already hate them for their lame business practices. This is one more reason why they suck   Bakersfield needs all the good pr relations and tourist attractions it can get. Save our trees. A cross of trees is a sign of faith to the world.   Thanks for your time A. Byrd