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)
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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).
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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
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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.
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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
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DateCopyright nearmap 2015
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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.
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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