HomeMy WebLinkAboutAGRMT NO RP20-024AGREEMENT NO. R P 2 0 0 2 4
AGREEMENT FOR DEDICATION
OF PARK LAND WITHIN TRACT NO. 7335
THIS AGREEMENT is made and entered into on JUL 2 3 2020 , by and
between the CITY OF BAKERSFIELD, a municipal corporation ("CITY" herein), and
SUMMIT CAPITAL VENTURES, INC., a California corporation ("SUBDIVIDER" herein).
RECITALS
WHEREAS, on October 5, 2006, CITY obtained a 1.70 acre public park lot
hereinafter "Parcel A") within Tract 6578 (Resolution No. 202-06), more particularly
described in the legal description and map attached as Exhibit "A"; and
WHEREAS, on March 7, 2019, the Planning Commission approved Vesting
Tentative Tract 7335 on approximately forty (40) acres for single family residential
development generally located west of Windermere Street and north of Panama
Lane, which also includes one park site; and
WHEREAS, the conditions of approval for Tract 7335 (Resolution 41-19)
require SUBDIVIDER, among other things, to dedicate 0.93 acres (hereinafter
Parcel B"), more particularly described in the legal description and map
attached and incorporated by reference herein as Exhibit "B" to satisfy
SUBDIVIDER's park land requirement and to enter into this Dedication Agreement
with CITY to set forth the terms of said dedication and to provide CITY the
opportunity to purchase 4.67 acres of park land; and
WHEREAS, it is the intent of CITY to create a public CITY park with the CITY
owned Parcel A combined with SUBDIVIDER'S dedicated parcel (described
below and throughout herein as Parcel B), and the acquisition of 4.67 acres of
land sometime in the future, (hereinafter "Parcel C"), more particularly described
in the legal description and map attached as Exhibit "C"; and
WHEREAS, SUBDIVIDER or its successor in interest is subject to the provisions
of BMC Section 15.66.080 (b)and prior to the recordation of Phase 3 of Tract 7335,
SUBDIVIDER or its successor in interest shall re -abandon the well on Parcel C in
accordance with any remedial operations as required by California Geologic
Energy Management ("CALGEM"), previously known as Department of
Conservation's Division of Oil, Gas, and Geothermal Resources ("DOGGR"); and
WHEREAS, the transfer of ownership interests of said real property for park
purposes is categorically exempt from CEQA under Section 15325 Class 25.
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NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and
SUBDIVIDER mutually agree as follows:
AGREEMENT TO DEDICATE PARCEL B.
SUBDIVIDER shall dedicate Parcel B which consists of 0.93 acres.
1.1. Dedication of Parcel B by SUBDIVIDER satisfies its park land
requirement of Chapter 15.80 of the Bakersfield Municipal Code for Tract 7335.
1.2. Dedication by SUBDIVIDER to CITY under this Agreement shall
occur prior to the recordation of Phase 1 of Tract 7335.
1.3. ESCROW.
1.3.1 ESCROW HOLDER. The dedication of Parcel B shall be
consummated by means of an escrow to be opened at the
office of Placer Title Company, 4180 Coffee Road, Bakersfield,
CA 93308, Attn: Kari Oliver -Boyd.
1.3.2 OPENING OF ESCROW. Seller shall open escrow within
ten (10) working days of the full execution of this Agreement.
1.3.3 ESCROW INSTRUCTIONS. Within twenty (20) working
days of execution of this Agreement by all parties, each shall
deliver to Escrow Holder appropriately executed escrow
instructions or file a written protest detailing what instructions
are not acceptable. This Agreement shall serve as the parties'
instructions to the Escrow Holder and shall become part of the
escrow instructions for the dedication of Parcel B. SELLER and
BUYER agree to execute such additional and supplementary
instructions as may be appropriate or required by Escrow
Holder to comply with the terms of this Agreement; provided,
however, that in the event of any conflict between this
Agreement and any additional or supplementary escrow
instructions, the terms of this Agreement shall control, unless the
parties jointly agree to the contrary.
1.3.4 ESCROW TERMS. It is agreed by SUBDIVIDER that the
escrow for Parcel B shall include the obligation of SUBDIVIDER
or its successor in interest to authorize and instruct the Escrow
Holder to debit SUBDIVIDER and credit CITY the sum of
2,000.00 at close of escrow for Parcel B for reimbursement of
appraisal costs.
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1.3.5 UTILITIES. SUBDIVIDER shall provide all utilities service
points to Parcel B, to include but not limited to sewer, electrical,
and a 4" water service line. Services shall be indicated on final
record construction drawings submitted to the City of
Bakersfield.
1.3.6 CLOSING COSTS. SUBDIVIDER shall pay all closing costs
including, but not limited to: all escrow fees, recording fees
documentary transfer taxes, title insurance, all real property
taxes and assessments accruing up to the close of escrow, and
the cost, if any, to clear title to Parcel B. SUBDIVIDER shall fully
pay the full amount of any bond or assessment which is a lien
upon the Property.
1.3.7 CLOSING DATE. Escrow shall close no later than thirty
30) days after satisfaction of all contingencies in this
Agreement, unless extended by mutual agreement of the
parties hereto.
1.4 PRELIMINARY TITLE REPORT AND DOCUMENTS. Within ten (10)
working days of full execution of this Agreement by all parties the following shall
occur:
1.4.1 SUBDIVIDER shall provide City with a preliminary title
report (herein "PTR") concerning Parcel B, issued by a Title
Company, together with copies of reproducible documents
referred to in such PTR, if any.
1.4.2 SUBDIVIDER shall provide CITY copies of all currently
effective unrecorded tenant leases, licenses, or other
agreements relating to the Parcel B.
1.4.3 CITY shall deliver to SUBDIVIDER its written approval or
disapproval of any exceptions to the title within ten (10)
working days after CITY's receipt thereof. If, after receipt of
disapproval of any exceptions to the title. SUBDIVIDER does not
elect to cure all of said exceptions, then CITY shall have the
right either to accept title to Parcel B subject to said
exceptions, thereby waiving any and all claims against
SUBDIVIDER by reason thereof, or to terminate this Agreement.
CITY shall give SUBDIVIDER such written notice of CITY's election
within the ten (10) working days after receipt of SUBDIVIDER's
election not to cure. If CITY elects to terminate this Agreement,
thereafter neither SUBDIVIDER nor CITY shall have any furtherk;,Nx 4,,
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liability hereunder, except that CITY shall be entitled to the
prompt return of all funds deposited by CITY with SUBDIVIDER,
less reasonable escrow cancellation fees and costs and title
company charges which CITY hereby agrees to pay.
1.5 CONTINGENCIES. The closing of the Parcel B transaction is
contingent upon the satisfaction or waiver of the following contingencies:
1.5.1 SITE ASSESSMENT. A favorable environmental site
assessment to be performed by CITY.
1.5.2 CONDITION OF TITLE. CITY's written approval of a
current PTR concerning Parcel B issued by the Title Company,
as well as all documents referred to in the PTR or this
Agreement (the "Underlying Documents"), and the issuance
by the Title Company of the title policy. SUBDIVIDER shall cause
the PTR and all Underlying Documents to be delivered to CITY
promptly after the date of this Agreement. CITY's approval is
to be given within ten (10) days after receipt of said PTR and
legible copies of all Underlying Documents. The disapproval
by CITY of any monetary encumbrance, which by the terms of
the Agreement is not to remain against Parcel B after the
closing, shall not be considered a failure of this condition, as
SUBDIVIDER shall have the obligation, atSUBDIVIDER's expense,
to satisfy and remove such disapproved monetary
encumbrance at or before the closing.
1.5.3 EXISTING LEASES AND TENANCY STATEMENTS. CITY's
written approval, within ten (10) days after receipt of legible
copies of all leases, subleases or rental arrangements
collectively the "Existing Leases") affecting Parcel B.
1.5.4 SURFACE RIGHTS. SUBDIVIDER agrees to obtain surface
rights waivers from all parties of interest prior to the close of
escrow.
1.5.5 OTHER AGREEMENTS. CITY's written approval, within
ten (10) days after receipt, of a copy of any other agreements
Other Agreements") known to SUBDIVIDER that will affect
Parcel B beyond the closing. CITY shall cause said copies to
be delivered to SUBDIVIDER promptly after the date of this
Agreement. These agreements shall be part of the Underlying
Documents.
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1.5.6 MATERIAL CHANGE. No material change shall have
occurred with respect to Parcel B that has not been approved
in writing by CITY, which shall have twenty (20) days following
receipt of written notice from any source of any such Material
Change within which to approve or disapprove same. Unless
otherwise notified in writing by either party, Escrow Holder shall
assume that no Material Change has occurred prior to close
of escrow.
1.5.7 All above contingencies are for the benefit of, and
may be waived in writing by, CITY and may be elsewhere
herein referred to as "City Contingencies."
1.6 SUBDIVIDER'S WARRANTIES. SUBDIVIDER hereby makes the
following warranties and representations, as of the date of this Agreement, to
BUYER which shall survive the closing and delivery of the Grant Deed for Parcel B
for a period of five (5) years.
1.6.1 AUTHORITY OF SUBDIVIDER. SUBDIVIDER warrants and
represents that they are the sole owners, in fee simple, of and
have the right and legal ability to transfer Parcel B to the BUYER
as set forth in this Agreement.
1.6.2 LEGAL PROCEEDINGS. SUBDIVIDER has no knowledge
of any actions, lawsuits, or proceedings pending or threatened
before any commission, board, bureau, agency, arbitrator,
court, or tribunal that would affect The Property or the right to
occupy or utilize some.
1.6.3 BANKRUPTCY PROCEEDINGS. SUBDIVIDER is not the
subject of a bankruptcy, insolvency, or probate proceeding
and has not notice of knowledge that any tenant, lessee, or
other person/entity possessing an interest in The Property is the
subject of a bankruptcy or insolvency proceeding.
1.6.4 CONVEYANCE OF TITLE. SUBDIVIDER agrees to convey
to CITY fee simple marketable title to Parcel B free and clear of
all recorded and unrecorded liens, encumbrances,
assessments, easements, leases, contracts and taxes,
excepting those agreed to in writing by CITY. SUBDIVIDER shall
have provided CITY evidence of compliance with Bakersfield
Municipal Code Title 16 regarding mineral rights. Any and all
water rights accruing to the Property shall also be transferred
to CITY without reservation unless water rights run to Cal Water.
Within thirty (30) days of execution of this Agreement by all, QNK,gq
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parties, SUBDIVIDER shall execute a Grant Deed which conveys
fee simple title to Parcel B to CITY and shall deliver same to
Escrow Holder.
2. INDEMNITY. SUBDIVIDER shall indemnify, defend, and hold harmless
CITY, its officers, agents and employees against any and all liability, claims,
actions, causes of action or demands whatsoever against them, or any of them,
before administrative or judicial tribunals of any kind whatsoever, arising out of,
connected with, or caused by SUBDIVIDER, SUBDIVIDER's employees, agents,
independent contractors, companies, or subcontractors in the performance of,
or in any way arising from, the terms and provisions of this Agreement whether or
not caused in part by a party indemnified hereunder, except for CITY's sole active
negligence or willful misconduct.
3. MERGER AND MODIFICATION. This Agreement sets forth the entire
Agreement between the parties and supersedes all other oral or written
representations. This Agreement may be modified only in a writing approved by
the City Council and signed by all the parties.
4. EXHIBITS. In the event of a conflict between the terms, conditions or
specifications set forth in this Agreement and those in exhibits attached hereto,
the terms, conditions, or specifications set forth in this Agreement shall prevail. All
exhibits to which reference is made in this Agreement ore deemed incorporated
in this Agreement, whether or not actually attached.
5. GOVERNING LAW. The laws of the State of California will govern the
validity of this Agreement, its interpretation and performance. Any litigation
arising in any way from this Agreement shall be brought in Kern County, California.
6. SEVERABILITY. If any provision of this Agreement may prove to be
invalid, void or illegal, it is the intent of the parties that all other provisions of this
Agreement shall remain fully valid, enforceable and binding on the parties
hereto.
7. NO WAIVER OF DEFAULT. The failure of any party to enforce against
another a provision of this Agreement shall not constitute a waiver of that party's
right to enforce such a provision at a later time and shall not serve to vary the
terms of this Agreement.
B. COUNTERPARTS. This Agreement may be executed simultaneously or
in one or more counterparts, each of which shall be deemed an original but all
of which together constitute one and the some instrument.
9. EXECUTION. This Agreement is effective upon execution. It is the
product of negotiation and all parties are equally responsible for authorship of this
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Agreement. Section 1654 of the California Civil Code shall not apply to the
interpretation of this Agreement.
10. CORPORATE AUTHORITY. Each individual signing this Agreement on
behalf of entities represents and warrants that they are, respectively, duly
authorized to sign on behalf of the entities and to bind the entities fully to each
and all of the obligations set forth in this Agreement.
11. NON-INTEREST. No officer or employee of the CITY shall hold any
interest in this Agreement (California Government Code section 1090).
12. ACCEPTANCE. The acceptance of work or services, or payment for
work or services, by CITY shall not constitute a waiver of any provisions of this
Agreement.
13. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties,
liabilities, obligations or responsibilities arising out of, concerning or related in any
way to this Agreement (including, but not limited to, accounts, actions, causes of
action, claims, damages, demands, liabilities, losses, obligations, or reckonings of
any kind or nature whatsoever, for compensatory or exemplary and punitive
damages, or declaratory, equitable or injunctive relief, whether based on
contract, equity, tort or other theories of recovery provided for by the common
or statutory law) may be assigned or transferred by any party. Any such
assignment is prohibited, and shall be unenforceable and otherwise null and void
without the need for further action by the non -assigning party or parties.
14. COMPLIANCE WITH ALL LAWS. SUBDIVIDER shall, at SUBDIVIDER's sole
cost, comply with all of the requirements of Municipal, State, and Federal
authorities now in force, or which may hereafter be in force, pertaining to this
Agreement, and shall faithfully observe in all activities relating to or growing out
of this Agreement all Municipal ordinances and State and Federal statutes, rules
or regulations, and permitting requirements now in force or which may hereafter
be in force including, without limitation, obtaining a City of Bakersfield business
tax certificate (Bakersfield Municipal Code Chapter 5.02) where required.
15. COVENANTS RUN WITH THE LAND. All provisions of this Agreement shall
run with the land and be binding upon the parties, their respective heirs,
administrators, executors, successors, assigns, devisees, representatives, and all
other persons or entities acquiring the property (or any portion thereof or interest
therein) which is the subject of this Agreement.
16. RECORDATION. This Agreement shall be recorded at the Kern County
Hall of Records.
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17. NOTICES. All notices relative to this Agreement shall be given in
writing and shall be personally served or sent by certified or registered mail and
be effective upon actual personal service or depositing in the United States mail.
The parties shall be addressed as follows, or at any other address designated by
notice:
CITY: CITY OF BAKERSFIELD
RECREATION AND PARKS DEPARTMENT
1600 Truxtun Avenue
Bakersfield, California 93301
Telephone: (661)326-3866
SUBDIVIDER: SUMMIT CAPITAL VENTURES, INC.
Attention: Greg Balfanz
8701 Swigert Court
Bakersfield, CA 93311
Telephone: 661-589-0717
18. TAX NUMBERS.
SUBDIVIDER's Federal Tax Identification Number: 77-0501440
Is SUBDIVIDER a corporation? Yes x No
Please check one.)
19. FURTHER ASSURANCES. Each party shall execute and deliver such
papers, documents and instruments, and perform such acts as are necessary or
appropriate, to implement the terms of this Agreement and the intent of the
parties to this Agreement.
20. HAZARDOUS MATERIALS. SUBDIVIDER knows of no hazardous material
stored, dumped or in any way placed in, on, over or about the Property.
SUBDIVIDER knows of no activities, either public or private, wherein SUBDIVIDER or
a third party has placed or dumped any hazardous material of any nature in, on,
over or about Parcel B. SUBDIVIDER takes full responsibility for cleaning up any
hazardous material placed in, on or about the Property at any time prior to CITY
taking title and hereby fully indemnifies CITY, and CITY's successors and assigns,
from any and all liability, claims, actions, causes of action or demands whatsoever
for clean up of hazardous materials found in, on, over or about the Property
placed prior to CITY taking title.
21. NEGATION OF PARTNERSHIP. CITY shall not become or be deemed a
partner or joint venturer with SUBDIVIDER or associate in any such relationship with
SUBDIVIDER by reason of the provisions of this Agreement. SUBDIVIDER shall not
for any purpose be considered an agent, officer or employee of CITY.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed, the day and year first -above written.
CITY"
CITY OF BAKERSFIELD
01/
By.
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By: a
CHRISTINA J. qLESON
Deputy City Attorney
Insurance:
APPROVED AS TO CONTENT:
RECREATION AND PARKS
By: IN.T6Z0Vi\4..
DIANNE HOOVER
Recreation and Parks Director
COUNTERSIGNED:
By:_/4 10:::
RA10Y I&KEEGAN
Finance Director
SUBDIVIDER"
SUMMIT CAPITAL VENTURES, INC.,
A California corporation
By
GREG BALF I Z
President and CEO
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Attachments: Exhibit A- Legal Description and Map of Park Parcel A
Exhibit B- Legal Description and Map of Park Parcel 8
Exhibit C- Legal Description and Map of Park Parcel C
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Title ONerftm m:
He Numlxr: 1503-2889626
Exhibit "A"
Real property in the City of Bakersfield, County of Kenn, State of California, described as follows
BEING A PORTION OF LOT "A" OF LOT LINE ADJUSTMENT NO, 05-1841, AS EVIDENCED BY THAT
CERTAIN CERTIFICATE OF COMPLIANCE RECORDED APRIL 21, 2006, AS INSTRUMENT NO. 06-98311 OF
OFFICIAL RECORDS, IN THE OFFICE OF THE KERN COUNTY RECORDER; ALSO BEING A PORTION OF
SECTION 24, TOWNSHIP 30 SOUTH, RANGE 26 EAST, M.D.M., CITY OF BAKERSFIELD, COUNTY OF
KERN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 24, BEING MARKED BY A KERN
COUNTY SURVEYOR'S CONCRETE MONUMENT IN A LAMPHOLE, STAMPED FOR CORNER PER TRACT NO.
6349 PHASE 5, FILED FOR RECORD IN BOOK 54 AT PAGE 30 OF MAPS, IN THE OFFICE OF THE KERN
COUNTY RECORDER, SAID POINT ALSO BEING THE CENTERLINE INTERSECTION OF PENSINGER ROAD
AND SOUTH ALLEN ROAD; THENCE SOUTH 00°55'49" WEST, ALONG THE WEST LINE OF SAID SECTION
AND THE CENTERLINE OF SAID SOUTH ALLEN ROAD, A DISTANCE OF 719.55 FEETTO THE SOUTHERLY
BOUNDARY OF SAID LOT "A"; THENCE SOUTH 89°04'11" EAST, ALONG SAID SOUTHERLY BOUNDARY, A
DISTANCE OF 392.25 FEETTO THE POINT OF BEGINNING; THENCE ALONG THE FOLLOWING TEN (10)
COURSES:
1) DEPARTING SAID SOUTHERLY BOUNDARY, NORTH 00°35'27" EAST, A DISTANCE OF 91.79 FEET TO
THE BEGINNING OF A CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 20.00 FEET, THENCE
2) NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 90°00'00", AN ARC
DISTANCE OF 31.42 FEET; THENCE
3) SOUTH 89°24'33" EAST, A DISTANCE OF 455.16 FEETTO THE BEGINNING OF A CURVE, CONCAVE
NORTHERLY, HAVING A RADIUS OF 530.00 FEET; THENCE
4) EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 17°53'47", AN ARC DISTANCE OF
165.55 FEET; THENCE
5) NORTH 72°41'40" EAST, A DISTANCE OF 149.35 FEET TO THE BEGINNING OF A CURVE, CONCAVE
SOUTHWESTERLY, HAVING A RADIUS OF 20.00 FEET; THENCE
6) SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 96°04'07", AN ARC
DISTANCE OF 33.53 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE WESTERLY, HAVING
A RADIUS OF 470.00 FEET; THENCE
7) SOUTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 06°58'14", AN ARC DISTANCE OF
57.18 FEET TO THE SOUTHERLY BOUNDARY OF SAID LOT "A"; THENCE
8) NORTH 89°24'33" WEST, ALONG SAID SOUTHERLY BOUNDARY, A DISTANCE OF 176.11 FEET;
THENCE
9) SOUTH 53°23'08" WEST, CONTINUING ALONG SAID SOUTHERLY BOUNDARY, A DISTANCE OF 189.76
FEET; THENCE
10) NORTH 89°0411" WEST, CONTINUING ALONG SAID SOUTHERLY BOUNDARY, A DISTANCE OF
486.92 FEET TO THE POINT OF BEGINNING.
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EXCEPTING THEREFROM ALL OIL RIGHTS, MINERAL RIGHTS, NATURAL GAS RIGHTS AND RIGHTS OF
ALL OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, AND TO ALL PRODUCTS DERIVED FROMANYOFTHEFOREGOING (COLLECTIVELY, "SUBSURFACE RESOURCES'); AND, THE PERPETUAL RIGHT
TO DRILL, MINE, EXPLORE AND OPERATE FOR AND TO PRODUCE, STORE AND REMOVE ANY OF THESUBSURFACERESOURCESONORFROMTHELAND, INCLUDING THE RIGHT TO WHIPSTOCK OR
DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THE LAND, WELLS, TUNNELS AND
SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LAND, AND TO BOTTOM SUCHWHIPSTOCKORDIRECTIONALLYDRILLEDWELLS, TUNNELS AND SHAFTS WITHIN OR BEYOND THE
EXTERIOR LIMITS OF THE LAND, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN
AND OPERATE ANY SUCH WELLS OR MINES, BUT WITHOUT THE RIGHT TO ENTER UPON THE SURFACE
OF THE LAND OR DRILL, MINE EXPLORE, OPERATE, PRODUCE, STORE OR REMOVE ANY OF THE
SUBSURFACE RESOURCES THROUGH THE SURFACE OR THE UPPER FIVE HUNDRED (500) FEET OF THE
SUBSURFACE OF THE LAND AS RESERVED IN GRANT DEED RECORDED APRIL 21, 2006 AS
INSTRUMENT NO. 06-98316 OF OFFICIAL RECORDS.
APN: 524170-16
EXHIBIT `B"
PARCEL`B"
LEGAL DESCRIPTION
ALL THAT PORTION OF LOT I OF LOT LINE ADJUSTMENT NO. 17-0459 PER THE
CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 14, 2018 AS DOCUMENT NO.
218121414 OF OFFICIAL RECORDS IN THE OF THE OFFICE OF THE KERN COUNTY
RECORDER, ALSO BEING A PORTION OF THE SOUTH HALF OF SECTION 24, TOWNSHIP 30
SOUTH, RANGE 26 EAST, M.D.M., IN THE CITY OF BAKERSFIELD, COUNTY OF KERN,
STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF SAID LOT 1, FROM WHICH POINT
THE NORTHWEST CORNER THEREOF BEARS NORTH 89004"11" WEST, 392.25 FEET; THENCE
SOUTH 89004"11" EAST ALONG SAID NORTH LINE, 145.65 FEET; THENCE SOUTH Oo36'04"
WEST, 277.28 FEET; THENCE NORTH 89024'33" WEST, 145.65 FEET; THENCE NORTH 0036'04"
EAST, 278.14 FEET TO THE POINT OF BEGINNING.
CONTAINING 40,448 SQUARE FEET (0.93 ACRES), MORE OR LESS
LAND
IVICINTOSH 4".roQ P`0 J bq to%`moiP
661-834-4814 • 661-834-0972 * t
2001 Wheelan Court • Bakersfield, CA 93309'j, N . a k1
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EASEMENT LEGEND
1 A STREET RIGHT-OF-WAY DEED TO THE CITY OF BAKERSFIELDRECORDEDAPRIL21, 2006 AS DOC. No. 0206098312, O.R.
EXHIBIT T'
GRANT DEED TO THE CITY OF
BAKE2008 AS RECORDED 30820,RO 29. 2008 AS DOC No. 0208030820, OR
NORTH LINE OF LOT 1OFLLAIN1OT9 537.90'
145.65'
POINT OF BEGINNING
PARCEL °B"
40,448 S.F.
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1 a ' 30 LOT 1 LLA No. 17-0459Cy
PER CERTIFICATE OF COMPLIANCE RECORJEO
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SEPTEMBER 14, 2018 AS DOC. N. 218121414, O.R.
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MCIMOSH SUMMIT CAPITAL VENTURES, INC., A CALIF. CORP. DATE "o6/02,2°151
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PORTION OF LOT 1 OF LLA No. 17-0459 ooEENO 041591
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TRACT No. 6578 UNIT 9'I
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PANAMA LANE
S . COR. SEC. 24,
T.30S., R.26E, M.D.M.
EXHIBIT T'
GRANT DEED TO THE CITY OF
BAKE2008 AS RECORDED 30820,RO 29. 2008 AS DOC No. 0208030820, OR
NORTH LINE OF LOT 1OFLLAIN1OT9 537.90'
145.65'
POINT OF BEGINNING
PARCEL °B"
40,448 S.F.
0.93 AC )
LANG
1
54,0 SLgL - N89'24'33'W 145.65'-
EDE
RR"'
1 a ' 30 LOT 1 LLA No. 17-0459Cy
PER CERTIFICATE OF COMPLIANCE RECORJEO
t /
SEPTEMBER 14, 2018 AS DOC. N. 218121414, O.R.
fV /Zl
41., 561ry dam¢ «( 25' 0 50'
Tf- OF CAL1
n 50 12.5
L( SCALE: 1" = 50'
MCIMOSH SUMMIT CAPITAL VENTURES, INC., A CALIF. CORP. DATE "o6/02,2°151
qa
PORTION OF LOT 1 OF LLA No. 17-0459 ooEENO 041591
DAocol 'la' SHEET 1 of r
EXHIBIT "C"
PARCEL"C"
LEGAL DESCRIPTION
ALL THAT PORTION OF LOT 1 OF LOT LINE ADJUSTMENT NO. 17-0459 PER THE
CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 14, 2018 AS DOCUMENT NO_
218121414 OF OFFICIAL RECORDS IN THE OF THE OFFICE OF THE KERN COUNTY
RECORDER, ALSO BEING A PORTION OF THE SOUTH HALF OF SECTION 24, TOWNSHIP 30
SOUTH, RANGE 26 EAST, M.D.M, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN,
STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF SAID LOT 1, FROM WHICH POINT
THE NORTHWEST CORNER THEREOF BEARS NORTH 89004"11" WEST, 537.90 FEET; THENCE
ALONG SAID NORTH LINE: SOUTH 89°04'11" EAST, 341.27 FEET; NORTH 53°23'08" EAST,
189.76 FEET AND SOUTH 89°24'33" EAST, 176.12 FEET TO A POINT ON A 470.00 FOOT
RADIUS NON -TANGENT CURVE FROM WHICH POINT THE CENTER OF SAID CURVE BEARS
SOUTH 85044'02" WEST; THENCE SOUTHERLY ALONG SAID CURVE, THROUGH A
CENTRAL ANGLE OF 18047'10", AN ARC DISTANCE OF 154.10 FEET; THENCE SOUTH
14031'12" WEST, 143.71 FEET TO A 530.00 FOOT RADIUS TANGENT CURVE, CONCAVE
EASTERLY; THENCE SOUTHERLY ALONG LAST SAID CURVE, THROUGH A CENTRAL
ANGLE OF 10041'04", AN ARC DISTANCE OF 98.83 FEET; THENCE NORTH 89024'33" WEST,
607.11 FEET; THENCE NORTH 0035'54" EAST, 27728 FEET TO THE POINTOFBEGINNING
CONTAINING 4.67 ACRES, MORE OR LESS
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MCINTOSH
t41 1
661-834-4814 • 661-834-0972
2001 Wheelan Court • Bakersfield, CA 93309
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