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HomeMy WebLinkAboutRES NO 060-18RESOLUTION NO. T 6 0 18 RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN (Code of Civil Procedure §1245.230) WHEREAS, Article I, Section 19 of the California Constitution, Code of Civil Procedure Section 1240.010, et seq., and Government Code Section 37350.5 authorize acquisition of property rights for public use by eminent domain procedures; and WHEREAS, The State of California Department of Transportation ("Caltrans"), in cooperation with the City of Bakersfield and the County of Kern, proposes to construct a new alignment for State Route 58 to provide a continuous route along State Route 58 from Cottonwood Road on existing State Route 58 (East), east of State Route 99 to Interstate 5. Improvements to State Route 99 from Wilson Road to Gilmore Avenue would also be required for the connection with State Route 58. The project is known as the Centennial Corridor Project (the "Project"); and WHEREAS, as set forth in the Administrative Report for this Resolution, the public interest and necessity require that the City acquire two partial fee interests and a temporary construction easement in portions of that certain real property located southeast of Commerce Drive, Bakersfield, California (APN 332-256-05). The property interests sought to be acquired for the Project are more particularly described and depicted in Exhibits "1", "2", and "3" attached hereto and incorporated herein by reference (the 'Property"); and WHEREAS, notice of the hearing for this Resolution of Necessity was mailed to all record owners of the Property. At that hearing, all record owners had the opportunity to appear and be heard on the matters referred to in California Code of Civil Procedure section 1240.030 in compliance with California Code of Civil Procedure section 1245.235, and, on the date and at the time and place fixed for hearing, this City Council heard and considered all of the evidence presented. NOW THEREFORE, be it resolved by the City Council of the City of Bakersfield, based on applicable law and the whole record concerning this matter, including, but not limited to, the accompanying Administrative Report, which is hereby made a part of this Resolution, as follows: 1. Compliance with California Code of Civil Procedure and California Environmental Quality Act and the National Environmental Policy Act. There ha,s, , ,q 66426663.0 � c ORICa�n14 been compliance with the requirements of Section 1245.235, CEQA and NEPA, including without limitation as set forth in the February 2016 Record of Decision. 2. Public Use. The public use for which the Property is to be acquired is for highway purposes, specifically the construction of the Centennial Corridor Project, a new alignment for State Route 58 to Interstate 5, in the City of Bakersfield, Kern County, California, and all uses necessary, incidental or convenient thereto. City is authorized to acquire by eminent domain property necessary for such purposes. 3. Description of Property. Attached and marked as Exhibits A, B and C hereto are the legal definitions, descriptions and depictions of the Property required for the Project. 4. Findings. Based upon the evidence presented at the hearing and the whole record concerning this matter, including but not limited to the accompanying Administrative Record, City hereby finds and determines each of the following: a. The public interest and necessity require the proposed Project b. The proposed Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; c. The Property is necessary for the Project; and d. The offer required by Government Code Section 7267.2 has been made to the owner(s) of record. 5. Use Not Unreasonably Interfering with Existing Public Use(s). Some or all of the Property may be subject to easements and rights-of-way appropriated to existing public uses. The legal descriptions of any such easements and rights- of-way are on file with City and describe the general location and extent of the easements and rights-of-way with sufficient detail for reasonable identification. In the event the Project will not unreasonably interfere with or impair the continuance of a public use as it now exists or may reasonably be expected to exist in the future, counsel for City is authorized to acquire the Property subject to such existing public use(s) pursuant to section 1240.510 of the California Code of Civil Procedure. 6. More Necessary Public Use. Some or all of the real property to be acquired may be devoted to other public uses or easements and rights-of-way appropriated to existing public uses. To the extent that the Project wi�j 6NKe,, 56426663.0 r" 0 0 ORIGINAL unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, the City contends that the herein described use or uses are more necessary than said existing public use. Counsel for City is authorized to acquire the real property appropriated to such existing public use(s) pursuant to section 1240.610 of the California Code of Civil Procedure. 7. Further Activities. Counsel for City is hereby authorized to file legal proceedings and take such other steps reasonably necessary to acquire the Property on behalf of City by eminent domain, including without limitation seeking prejudgment possession of and use of the Property at the earliest possible time. Counsel is further authorized to correct any errors or to make or agree to non -material changes in the legal description of the Property as may be reasonably necessary. Counsel is further authorized to reduce or modify the extent of the interests or Property to be acquired so as to reduce the compensation payable in the action where such change would not substantially impair the construction and operation for the Project for which the Property is being acquired. HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on May 9, 2018, by the following vote: ✓ ✓ ✓ ✓ ✓. YES.-- COUNCILMEMBEROu A%te Wew. F.umu SuIL✓unrf-1wI NOES: COUNCILMEMBER Nino ABSTAIN: COUNCILMEMBER Now-, SEN • COUNCILMEMBER RwerG Sm AL. APPROVED MAY 091018 HRISTOPHER GERRY, Acting dity Clerk and Ex Officio Clerk of the Council of the City of Bakersfield By 0 KAREN GOH, Mayor APPROVED AS TO FORM: VIRGINI GENNARO, City Attorney By L-C/tt ANDREW HEG D Deputy City Attorney oearKF9T m 56426663.0 0 ORIGINAL CERTIFICATE OF CITY CLERK I, Christopher Gerry, Acting City Clerk of the City of Bakersfield, certify the foregoing is the full and true Resolution No. 040 00 , passed and adopted by the City Council of the City of Bakersfield at a regular meeting held on May 9, 2018. RISTOPHERGERRY,Acting CityClerk and Ex Officio Clerk of the Council of the City of Bakersfield 56426663.0 o gAKF9 o T Fn v 0 ORIGINAL EXHIBIT 1 cm -Illm FEE (87465-1) The property interest to be acquired has been designated as Parcel 87465-1, which represents interests in portions of the property located southeast of Commerce Drive, Bakersfield, California, bearing Kern County Assessor's Parcel Numbers 332-256-05, as described more specifically in Exhibits At (legal description) and A2 (plat map) attached hereto, and which are incorporated herein by this reference ("Property'). The Property interest sought to be acquired consists of a "Fee". "Fee', also known as fee simple or fee simple absolute, grants to the City of Bakersfield, absolute ownership of the property. Excepting therefrom all oil, gas, and other minerals, within or underlying said land, or that may be produced and saved therefrom, providing, however, grantor, his successors and assigns, shall not conduct drilling or other operations upon the surface of said land, but nothing herein contained shall be deemed to prevent the grantor, his successors and assigns, from extracting or capturing said minerals by drilling on adjacent or neighboring lands and/or from conducting sub -surface drilling operations under said lands at a depth of 500 feet below the surface of said land, so as not to disturb the surface of said land or any improvements thereon. 56426717.v1 of 0A Ke9T ORIGINAL EXHIBIT 2 56426663.vl o �A"Fa T m U G ORIGINAL FEE (87465-2) The property interest to be acquired has been designated as Parcel 87465-2, which represents interests in portions of the property located southeast of Commerce Drive, Bakersfield, California, bearing Kern County Assessor's Parcel Numbers 332-256-05, as described more specifically in Exhibits Al (legal description) and A2 (plat map) attached hereto, and which are incorporated herein by this reference ('Property'). The Property interest sought to be acquired consists of a "Fee". "Fee', also known as fee simple or fee simple absolute, grants to the City of Bakersfield, absolute ownership of the property. Excepting therefrom all oil, gas, and other minerals, within or underlying said land, or that may be produced and saved therefrom, providing, however, grantor, his successors and assigns, shall not conduct drilling or other operations upon the surface of said land, but nothing herein contained shall be deemed to prevent the grantor, his successors and assigns, from extracting or capturing said minerals by drilling on adjacent or neighboring lands and/or from conducting sub -surface drilling operations under said lands at a depth of 500 feet below the surface of said land, so as not to disturb the surface of said land or any improvements thereon. 564267118.0 o``0PKF9F m U O ORIGINAL EXHIBIT 3 56426663.vl o``dAKF9N U p ORICINAL TEMPORARY CONSTRUCTION EASEMENT (87465-3) The property interest to be acquired has been designated as Parcel 87465-3, which represents interests in portions of the property located southeast of Commerce Drive, Bakersfield, California, bearing Kern County Assessor's Parcel Numbers 332-256-05, as described more specifically in Exhibits Al (legal description) and A2 (plat map) attached hereto, and which are incorporated herein by this reference ("Property"). The Property consists of a temporary construction easement ("TCE'), over, under, on, in, across, along, and through the area designated in Exhibits Al and A2 as the Temporary Construction Easement ("TCE Area"), for the purpose of all necessary and convenient activities associated with the construction of the Centennial Corridor Improvement Project. The TCE shall continue for a period of not more than forty-eight (48) months ("Term"). The Term shall commence on the date City is provided physical possession of the Property whether pursuant to an Order for Prejudgment Possession or by agreement of the parties ("Commencement Date"), and shall terminate forty-eight (48) months from the Commencement Date of the TCE ('TCE Term"). Despite a farty-eight (48) month TCE Term, City will physically occupy the TCE Area and engage in actual construction activities for only Twenty-four (24) consecutive months within the TCE Term ("Use Period"), which occupancy and Use Period shall commence by providing seven (7) days advance written notice of Citys intent to commence construction activities within the TCE Area. With the exception of reasonable access provided to the owner to maintain any existing electrical, water or other utility facilities, City shall have exclusive use of the TCE Area during the Use Period, but shall not physically occupy or use the TCE Area except during the Use Period. During the Use Period, the TCE shall include, without limitation, the right and privilege of City and its employees, agents, representatives, contractors, subcontractors and workmen to (i) perform all activities within the TCE Area as may be necessary to facilitate the purposes of the TCE, (ii) use, control and occupy the TCE Area, (iii) use and temporarily place and operate tools, equipment, machinery, and materials on the TCE Area, and (iv) trim, cut, or clear away any trees, brush, or other vegetation or flora, including, without limitation, the roots thereof, located within the TCE Area. During the Use Period, the TCE Area will be protected, maintained and kept clean during construction to ensure that the visual identity and character of the adjacent property is not impacted by the construction activities within the TCE Area. With the exception of the Use Period, owner shall retain use of the TCE Area during the remainder of the TCE Term subject to the following: Owner its heirs, successors and assigns, including, without limitation, any voluntary and involuntary successor(s)-in-interest, shall not, without the express prior written consent of City (which may be granted or withheld in City's sole and unfettered discretion), erect, place, or maintain any improvement, or undertake any other activity, over, above, on, under, in, across, along, through or about the TCE Area which may interfere with City's use of the TCE Area during the Use Period; and Owner shall not permit the erection, placement, or maintenance of any improvement, or undertaking of any other activity in the TCE Area, which may interfere with the use of the TCE Area during the Use Period by City or anyone claiming or using the TCE Area by, through or under City, including, without limitation, the erection of any building, wall, fence, structure or other improvement within the TCE Area. Upon expiration of the Use Period, the TCE Area shall be returned to owner as a graded dirt lot. Owner will be compensated for any damage to existing improvements, facilities, and landscaping, including hardscaping, trees, plants, shrubs and other greenery, in the TCE area. 0 56426712.vi uc, ORIGINM EXII113R `Al' LEGAL DESCRIPTION Celtdvm Pae:el No. 874611 Acyueiliou: F. APN 332-25 05 That "inn of land an described in Toot Timm Deed recorded Novanber 15, 2013 m Dur o n at No. 0213166846, ORiend Ree ads o'Kem Cmmty, tngerha with that Pnnion ofCommmce Givr as shown on Parcel Map No. 9299, filed in Book 44, Pages 91 fad 92, ofPstreel Maps, m:oids of said Comely, Ina Wid in Section 26, Township 29 Soots, Range 27 Coal, Mom Diablo Date and Meridian, in the City of Uekanlicld. C'uunty of Keri. Slade of Celitania, marc particuhrly doserild as follows - Pa J 1 C mmeneine at the nnnhwen arm of said Section 35 es shown on said of Pend May, Tlenre along We weately line of said Soon. 35 Sundt 00"56'40" We4 38.19 feet to that souNct4aly line ofCunun . Drive (30 foot half -width) as show on said Panel Map; Theo a non, said mcalwasted, duo Nuoh 52`43'51"Rust 104.051IIa to Oe uoahemedy lincof Patcel'A' as do Td in Pamul Merger No 13-03%, rmonded April 17, 2014 as Doenn ent No. W0214043068, Official Ramal of said County and the Point of Rexinaing, Theo s, at., said noMrmecrly line the following two (2) courses; 1. South 01°00'Or Wert 26.09 fm: 2. South W21'5T fist 139.66 feat to the nornuu mleriv linc ofCarfier Corel as shown on Record of Survey No. 3559, tiled in Book 30, Pages 138 through 147 itolmive of Surveys, Records of said County; Theam a4mg ofd mnhemtedy line Nark 27450'08" ban 42.91 lint to the be owning of a non -tangent awdhwmmrly having a radius of 2432.46 fes, a Ime radial ro said beginning bans Na4h 59`50'23" hits; Thenee nunbeasderly along said carve an aie length of 341,75 feet, through a carnal angle of23° 0'20" to said southeasterly line ufComtmce Dove tel Um bpimmnil non tangent InNe, W xinic n rlhwa.4erly Laving a radius of 3SOA0 fes, a line on ial to said beginning bears South, 48°29'59" lint; P:3eCP oIn o i,So a uia,u,N,I SI9I,%II 1 talaat al "I ax. nit' I of 3 Thence along said smaheusbaly line the following two (2) cuurses; I. southwesterly along mid curve an am length of 68.60 feet, thmmgh a central angle of 1193'50"; 2. South 52"43'51" West 13.73 led to the Point of Beginning. The above dnsvibed parcel contains 10,475 square kat more or less. Parcd 2; tladerlvinP Mee Commencing at the northwest curter cf mid Section 35 as shown on said Pastel Map; Thwart, along the westerly line of mid Section 35 South 00"56'40" West 38.18 face to the southeasterly line nfCnmmxra Drive (30 font h:df-width) a.a ehnwn no .said Pame1 Map; Theoee along mid southeasterly Imo North 52.43'5-" Past 104.05 fed to the northeasterly litre of Is rcel'A' as timmibed in Parcel Merger No. 13-0398, recorded April 17, 2014 as Document No. 000214 W3068, Official Records of aid County and the Point of Beginning; Thence North 37"16'09" West 30.00 feel to the rznkdine of Cummemn Drive as shown on said Parcel Map; Thence along mid centerline Ibe following two (2) wmses; I. Nath 52°43'51"Finn 13.73 fact to the begiraing of a carve, em eave northwesterly having a radius of 320.00 feat; 2. mn'thmsterly, along mid curve an arc length of 70 58 fact, through a control angle of 12-1116- m the beginning of a non.targent curve, concave southwesterly having a radius of 2432.48 feel, a lira radial to said beginning boars Noah 5596'05" East; 'fhenee soutfitumerly along said curve and an are length of 31.11 feet, tluwgh a oentml angle of 00-43'58" to mid soul entarly line ofmid Commerc Drive and the beginning ofa non -tangent curve, concave nalhwesterly having a radius of 350.00 fed, a line radial to mid beginning burrs South 48°29'59 Last; Themce along said southwesterly line the following two (2) courses; 1. southwesterly along mid curve, line an am Ingth of 68.60 four, through a central angle of 11.13'50" 2. South 52°43'51" W.t 13.73 feet m the Pdnt of Beginning. Chis conveyance is made for the purpose ofa freeway and the GRAN "IVR baeby releases and relinquishes to rhe GRANTEE, and its nwecmoa and assigns, any end ell shiner's rights of acecas, nppumeunt to UKAN fOR's om inug intrepidly. a\a0P 10101eta[e Euk6%SA61511)46}1 Fxh&tAl Pff -.mrz Page 2of3 �gPKf9 F to p o ORIGINAL 'Uw Basis of Bearings for this survey are bazed upon the Nmth American Drimn of 1983 (NAD83) of the Califomia Coordinate systein of 1983 (CCS83), ]one v, ]004.00 ffpoeh this legal descriphum is not intended fix use in the division mid aconveyance of land in violation of the subdivision map act of the Sime of Cnlifnrnin. See plat attached IxnW m Exhibit 'AT and by Ibis relerencc made a part hereof. Prep" under the ducethm of. d $oar M. &MYt Na BvSs Sean M. Smith, PIS No. 5233 P:\4O Q I0U3\SUavkYVtGAUUf465N7465 I ENYRAl FEE doa Pager 3 of 3 aFgAKF9 T m v v ORIGINAL NLRTNWEST CORNER gCTICN 35 DEPICTION OF FEE ACQUISITION SF. 546R9'S9 E ai C , / R) N e 0 h S�fYy 6 n 143 SEG 26 _ sEc. as IRIR A51ERLY S NSA: 10.4]5 W. S'M56'49'n INE / N59_30_M �]fltE X W01t4o1]Ne 23'jf (RSEE ) 1 4,0 �NRSOIK 6151. e PARCEL iN27'WWE �Y'� PARCEL MERGER 42.91' / NO. Iyom / APN: 02D-800-08 r DOC No O17, M4 0A WESTERLY REQ N'R 1], 21111 O.R. / r LINE AJ SEC. 35 V / LEGEND ® cWIRus PAMIL MiNEA "I" SE�3S lb�� / orya r�M1'hv3A'�] IF m vl M DE bllbt � o ' ExmRw mw IF IMM — ND()R) D RIM a WY • - MLYRI FROPFRF! NaS FA911FNf AS NDtFD ++i�+ INDICATES NRRTERs RIGHTS (PRc) NOGTFS m.MD� cuRLE DF AccEss. (RAn) NOGIES 9AGLLL BENIG ( ) INDICATES RECORD MTA P.O.& PONE a eFf.FWN19 PER PARCEL MM P.O.C. PONE 6 CdWENCD1ENf Np, 9299, 44/91-92 N TIE BtW3 OF eFMW'9 F01 116 O 10' SEWER EAMi NT(S) PER SIANEY N6: 9ASR1 UPOI TIE RAR MM 9199, RD(N 44. NORIA wk,µ I MMM w 1963 PAC£ 91-W RECdtDS w .,,,,,... ,,. THE �m KERN CCOMIN. � iC S151ELt DF 19&1 O IV MME EASEMENM PER LcIms). 20NE N, 2CM.O0 ETKCH. PARCEL MM 9EM 80011 14. M 06FNAF5 9pRN IEROH ARE PAGE M 93 RECOI0.S OF G� m1A�. GRgttD KERN CWN]Y. YN x 08MNED w NIVNG CRD O EASEMENT FOR STREET, ACCESS �'� OITFN AHD MdDENTAL PlRPOSES FICIOR n' osss9elDe. eoDN eze4. PACE zlel PREPARED BY: PSOMAS DATE: oz -9e -n Re WRNE TAKE WRYL/ RADNS DELTA IENCTI Y+ aS 1N.]5 4�4 ss9.ao' 11•IsSo' i WESTE]1LY �--- SEC. u P.O.C. NLRTNWEST CORNER gCTICN 35 DEPICTION OF FEE ACQUISITION SF. 546R9'S9 E ai C , / R) N e 0 h S�fYy 6 n 143 SEG 26 _ sEc. as IRIR A51ERLY S NSA: 10.4]5 W. S'M56'49'n INE / N59_30_M �]fltE X W01t4o1]Ne 23'jf (RSEE ) 1 4,0 �NRSOIK 6151. e PARCEL iN27'WWE �Y'� PARCEL MERGER 42.91' / NO. Iyom / APN: 02D-800-08 r DOC No O17, M4 0A WESTERLY REQ N'R 1], 21111 O.R. / r LINE AJ SEC. 35 V / LEGEND ® cWIRus PAMIL MiNEA "I" SE�3S lb�� / orya r�M1'hv3A'�] IF m vl M DE bllbt � o ' ExmRw mw IF IMM — ND()R) D RIM a WY • - MLYRI FROPFRF! NaS FA911FNf AS NDtFD ++i�+ INDICATES NRRTERs RIGHTS (PRc) NOGTFS m.MD� cuRLE DF AccEss. (RAn) NOGIES 9AGLLL BENIG ( ) INDICATES RECORD MTA P.O.& PONE a eFf.FWN19 PER PARCEL MM P.O.C. PONE 6 CdWENCD1ENf Np, 9299, 44/91-92 N TIE BtW3 OF eFMW'9 F01 116 O 10' SEWER EAMi NT(S) PER SIANEY N6: 9ASR1 UPOI TIE RAR MM 9199, RD(N 44. NORIA wk,µ I MMM w 1963 PAC£ 91-W RECdtDS w .,,,,,... ,,. THE �m KERN CCOMIN. � iC S151ELt DF 19&1 O IV MME EASEMENM PER LcIms). 20NE N, 2CM.O0 ETKCH. PARCEL MM 9EM 80011 14. M 06FNAF5 9pRN IEROH ARE PAGE M 93 RECOI0.S OF G� m1A�. GRgttD KERN CWN]Y. YN x 08MNED w NIVNG CRD O EASEMENT FOR STREET, ACCESS �'� OITFN AHD MdDENTAL PlRPOSES FICIOR n' osss9elDe. eoDN eze4. PACE zlel PREPARED BY: PSOMAS DATE: oz -9e -n Re WRNE TAKE WRYL/ RADNS DELTA IENCTI Lt 2132.4R• 320'20" 1N.]5 c2 ss9.ao' 11•IsSo' 6ae0' oF�AKF9 T m � o ORIGINAL. N5M4%5E �� S98Z9'S9'E n gi c` (N) hys, sLc.LRas __- P.O.C. /a NORTIME� /•oR PLfiBFNLY6 M SECTION w `ey >ry deb SEG 2T _ h_ _ _ _ SEG 28 _ — _ — _ NDR31FASiRY SEG S P.O.B. L41E OOG Ne 500'S6'40'R PA 2 OD0211013066 / Ate' / AM1 `SFE OEiIl / HU&N PARCEL l`Y� I PANEL LEERCFN I' 1APN:020-8000-5OD -OB DOG Nu 000219043086 AESTERLY RLC. APR 17, 2N4 O.R. / r UNE SEC. 35 NO A 5 ,.� a LEGEND lC3 v,O ® CLLiiW6 P3ME1. mA CURVE TABLE o 1A626 a NnTGC. m WS FIgN 3MSi66 BKN8 6 NAY i. -+i PBOf1ER8 V --- ABNONm AClii a 1N1' A 11 MISIIDKOAIESO NAI35 OF ACCESS. / � 0r 2432.46' 1 C'43 6 1 31.11' FA SKASMHD�6 ( ) INDICATES MCOM DATA 1113'50' (PNC) mrAiE5 RLVFI6E CDWE PER PARCEL NAP (AAD) IIgmA NIXLL fiENNG No. 8299. 44/81-92 P.O.B. PNNI OF mmm~ O EASEMENT STREET. ACCESS PA.C. PONE OF 06FNLDIENi TA AND INCIDENTAL PURPOSES NCI BUON 8264 PALE 2181 0. W. 60, IHE BA56 a BWr105 M TM SLNYEY INE Bl4D UPOM Of SCe1 c, 1•_60' 1rNIN Ylig`iN r nu rc 1ea3 a 3NL GW1DNu 3E SSIFN a 1983 2 r9,M ..00E 4. .S oF0 AKF9 T � m v o ORIGINAL CURVE TABLE NOIN600 RADIUS m I LMNOTH Cl 320.00' A'3.]3' 70.58' Cz 2432.46' oF0 AKF9 T � m v o ORIGINAL CURVE TABLE CURVE/ RADIUS I MTA I LMNOTH Cl 320.00' 12'3918' 70.58' Cz 2432.46' 1 C'43 6 1 31.11' C3 1 341.00 1113'50' 66.60' oF0 AKF9 T � m v o ORIGINAL F.KIffBlr'Al LEGAL DESCRIMON Calfa® leered Na 8746&2 Acquldtba: Fec APN 332-25405 That portion of lend as dexnbed in Trust Trdrsfor Dad recoiled Nosernber 15, 2013 u Document No. 02013166846, Official Records of Kem County, lucdd in Sediur 35 and Section 36, Township 29 Send,, Range 27 bast, Mount Didslo Bax xW Mainline, in the City ofBakdvf.ld. County of K., Sha afCalifo oris, marc pi rtiwl dy de0aibcd as follows: Coma mail, a the nartbwed tamer of said Section 35 as he. on Penal Map N. 9299, filed in !look 44, pages 91 and 92 of Parcel Maps, Reoads of said County; Thence along We westerly line of said Swain 35 Seats 00"56'40" Wast 38.18 feet to die southeasterly line ofCnmmeree Drive (30 fact halFwidth) as showmen aid Parcel Map; Tbease along acid southcattedy line Nath 52°43'51"East 104.05 feet to the in rlheadaly line of P.1 'A' as described in Parcel Margin No. 13-0398 recorded April 17, 2014 as Document W. 000214043068, Official Recasts of said Canary; Th.. along said rothsaedy lire the following two(2) tours,; 1. South 0~08" West 26.09 fM; 2. Sooty 56'21'5T'East 139.66 frit to Use norWmderly line 9f Carrier Caul as shmvn nn Record of Survey No. 3559, filed in Boak 30, pages 138 thmugh 147 indust,. of Surveys, Recada of xid County; Tbeaee along said nardxesarly line North 27°50'08` Gad 42.91 feet to the beginning of a oon4angent new, concave southwesterly having .,.di. of 2432.48 feet and the Palm of Begindag, a lint radial to mid beginning b,ra Nodh 59'50'23" Eaati lUesee northeasterly along mid curve an am length f75.35 fm, though a central angle of 01'46'29; Tbeaee South 35°20'21"fs9 72.28 fed to said northeasterly line of Carder Caad; Thauce along mid northeasterly lire South 27'50'08" Wed b 32 fed to the Polut of Beglanh8. The eb. described parcel ocineir6189 N. feet neve n Icm. a'\aOVm!neat\511RV[Y9[WL5\92a6591Ja65 21.&1.1lot a— Pam i of 2 m uo ORIGINAL The Basis of Bearings to Ihis survey ere b=d upon the North Anrorican Datum of 1983 (NAD83) of the California Coordinate system of 1983 (CCS83), Tune V, 2004.00 Epoch. This kpl deseripoon is not intended for um in the division and or cmrveyance of land in violation of the subdivision map an ofthe Sate of California. See plat winched Immto as Exhitia'A2' mrd by this relarenu made a part hereof Prepared under the direction of: o, Sh'm!t M. 80X11 NO. BSB Sae. M. S.M. PIS No. 8233 x14WCm0101\atla ftFfdt$1fi]46a\R]4nS 2 sdhma as FEE. x ft" of 2 04eAKF9 T m � o ORIGINAL C4!CWAL P1,111V U 4zlcl i JI vjl %I OfL .r rs l : r11 r1 L EKIEIDIT IM, LEGAL DESCRIPTION Caltraw Parcel Nn 8'I4C53 Acquisition: Taupmary Cowlruetion Eaeemeat e\�ik8y6L3ifd hint leation of land as described in Trent Trawler feed recorded November 15, 2013 as Decuncm No. (X2013166846, d)Rcia1 Records of Kem Count), located in Sxtim 35 and Section 36, Township 29 South, Range 27 F.O. Mount Diablo Due and Meridian, in the City of Dakenfleld. County of Kern, Slate ofCelifomfe, more Ieftimlefly described as follows: Conroe schi at the nnahevst corns of said Section 35 m shown on Parcel Map No. 9299, f led in Book 44, pages 91 and 92 of Pace) Maps, Rcwurds of said County; Theace along the w Acrly lion of said Section 35 South 00"56'40" West 38.18 feel to the wmhenstetly line ofCommam Drive (30 toot half -width) as shown an said pined !Nap; Thence along said southmstedy liw North 52"43'5I" East 104.05 feat to the northeasterly line of Pucel'A' as described N Parcel Merger Na. 13-0398 recorded April 17, 2014 ss Document No. 0111214043068, Official Records of said County; Thence along said nodheasterly hac the fol lowing two (2) on",; L SdWh01"W'08"Wmt26.Wfmq 2. South W21 'Sr Past 139.66 feet to the northeasterly lute ofCaroer Carol as xlawn on Record of Survey No. 3559, filed in Ronk 30, pages 138 through 147 itatwim of Surmys, Recur& of aid County; 'I beam along said nurthewerly line North 27°50'08" Pat 49.23 Ace[ and the Point of Reginoiag; Thence continuing along said northeasterly line Nmtb 27"50'08" East 33 6 fcel; Thence North 35.20'21" West 94.27 feet to the bet iron, of a nat4angent curve conmm southwesterly, having a mdiw of 171.00 feet, a line udial to said beginning lacers North 54"39'39" Led; Thence nathwcs¢rly along said curve an arc length cl' 17.60 cent, through o central angle of 05"53'51"m the beginning ofa non-mngent curve, connive murtho curdy having a radius of 2432.48 face, a lire radial to said beginning bean North 57105'46" East; These wmthcenterly along said cum no nm length of 41.13 @et, through a cenanl angle of 00"58'08" R:\40PC010I01\SURVEYIEGPLA$74a. 8703GMba M fEEdoa Page 1 oft Thence South 35'20'21" East 72.28 feel to the Point of Beelaning. 'Ile above described parcel attains 287 square feet mom or less. The Basis of Bearings for this survey am hosed upon the North American Damm of 1983 (NA DRI) of the California Coordinate system of 1983 (CCS83), Zone V. 20114.00 Rgch. This legal description is net intended for use in the division and or conveyance of)..d in violation of the subdivision nap act of the State ofC'alif mnia. Sero plat attached here[. m FAhihd'A2' and by this reference made a part hensof. F mpated under the direction of. Saes M. 9tfm —� * Sean M. Sm0h, PLS No. 8233 R \e.Pf0nalc3WRV6YleeGAl5%a116"1465-3 fmmn Al PPe:1oa Page 2 of 2 o gAK``9 T > m u o ORIGINAL J., mrailm afe' NDN i2y� I WE EC r --l-17 ME SEC. Ss AIA LEGEND 919 mn ryLTRIl6 PMC6 MRER NGmS IAE15 OE oFSCPVna Fb51P10 Rlilf Of'MY y RIGMTES AEWRER's Tj --- J299DDxm NGS R MY WGRs K ACCESS IS= PROEM — FA9EYflif A5 WEDS ( ) WDNwTES RECORD MTA (PRC) IdC11ES RENFRSE NReE PER PARCEL MAP W. 9299, 44/91-92 OI 10' SEWER EASt1ENT(5) M PARCFl NAP 9499. 800K 44, PAGE M-92 12f s OE KOM =NW. `h •ry ' m19por, ( . . `�� —Al' __ 17.80' m A AREA: YJ 2877 �. ._ — . 35 MNNIEASIERLY IME W,Ne. �°?�. i P.0.8. L1 ooml4a.TORe I, a� f t EE SETAE PARCEL'.' N27XWE - Pmcm YERQR NG 13-US98 A. o2o-soo-oe 49.2]' / mc. xo mvn4a}me REG APR D. 2IIM 0.0. / / V R 195.. W. S 4 gAl(ir9 p Sr � m V o ORIGINAL MTABLE GM'VEP DATA IENGM NGTH 17.80' m 3 }fi 4.27' 72.28' 4 gAl(ir9 p Sr � m V o ORIGINAL MTABLE GM'VEP DATA IENGM CI 1 171.0' 55551' 17.80' C2 jun.o"I oS m Ilt.i3' 4 gAl(ir9 p Sr � m V o ORIGINAL