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HomeMy WebLinkAboutORD NO 3899ORDINANCE NO. 1~ 8 9 9 AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP 103-30 BY CHANGING THE ZONING OF 15 +1- ACRES GENERALLY LOCATED BETWEEN 21sT STREET AND 24TM STREET, BETWEEN "R" STREET AND THE KERN ISLAND CANAL. WHEREAS, in accordance with the procedure set forth in the provisions of Title 17 of the Municipal Code of the City of Bakersfield, the Planning Commission held a public hearing on a petition to change the land use zoning of those certain properties in the City of Bakersfield generally located by 21 st Street and 24th Street, between "R" Street and the Kern Island Canal; and WHEREAS, by Resolution No. 46-99 on March 18, 1999, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve a change from M-1 (Light Manufacturing) as delineated on attached Zoning Map No. 103-30 marked Exhibit "B", by this Council and this Council has fully considered the recommendations made by the Planning Commission as set forth in that Resolution; and WHEREAS, the Planning Commission, as a result of said hearing, did make several general and specific findings of fact which warranted a negative declaration of environmental impact and changes in zoning of the subject property from M-1 (Light Manufacturing) to C-C (Central Commercial) and the Council has considered said findings and all appear to be true and correct; and WHEREAS, the law and regulations relating to the preparation and adoption of Negative Declarations, as set forth in CEQA and City of Bakersfield's CEQA Implementation Procedures, have been duly followed by city staff, Planning Commission and this Council; and WHEREAS, a Negative Declaration with mitigation was advertised and posted on February 9, 1999, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows Mixed use Commercial development, subject to approval of GPA P98-0749; and WHEREAS, the City Council has considered and hereby makes the following findings: 1. All required notices have been given. 2. The provisions of the California Environmental Quality Act (CEQA) have been followed. environment. The proposed project will not have a significant effect on the 4. Conditions of approval as shown on Exhibit "A" are included in the project to mitigate impacts. 5. The proposed zoning classification is supportive of the intensive development characteristics of the City center as envisioned in the Land Use Element policies of the Metropolitan Bakersfield 2010 General Plan. 6. The proposed zoning is consistent with the provision of an environment that fosters an active street life within a vital business center for the City and the metropolitan area. 7. Site plan review will ensure compliance with adequate development standards and provide for the future compatibility of development with surrounding land uses both inside of outside of the project boundaries. 8. The proposed zoning is consistent with the level of circulation access and public services presently in place or expected to be available to the site. 9. Based on the absence of evidence in the record as required by Section 21082.2 of the State of California Public Resources Code (CEQA) for the purpose of documenting significant effects, it is the conclusion of the Lead Agency that this project will result in impacts that fall below the threshold of significance with regard to wildlife resources and, therefore, must be granted a "de minimis" exemption in accordance with Section 711 of the State of California Fish and Game Code. Additionally, the assumption of adverse effect is rebutted by the above-referenced absence of evidence in the record and the Lead Agency's decision to prepare a Negative Declaration for this project. SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: 1. All of the foregoing recitals are hereby found to be true and correct. 2. The Negative Declaration is hereby approved and adopted. 3. Section 17.06.020 (Zoning Map) of the Municipal Code of the City of Bakersfield be and the same is hereby amended by changing the land use zoning of that certain property in said City, the boundaries of which property is shown on Zoning Map No.103-30 marked Exhibit "B" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "C". 4. Such zone change is hereby made subject to the conditions of approval listed in attached Exhibit "A", subject to approval of GPA P98-0749. SECTION 2. This ordinance shall be posted in accordance with provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. ......... o0o ...... I 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 12 1999 , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER ~OO2 CA SON, DEMOND MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER CITY CLERK and Ex OffiCio Clerk of the Council of the City of Bakersfield APPROVED MAY 12 1999 BOB PRICE ~:" MAYOR of the City of Bakersfield APPROVED as to form: OFFICE OF THE CITY ATTORNEY Assistant City Attorney :pjt March 25, 1999 S:\GPA-MAR\0749~_cord ,i,::.;, EXHIBIT "A" Concurrent General Plan Amendment/Zone Change P98-0749 Recommended Mitigation Measures/Conditions of Approval Future development approvals in the site shall require further environmental review as appropriate in accordance with CEQA requirements. Such further review may require, but not necessarily be limited to, additional site-specific analysis such as traffic studies or an archaeological assessment and/or survey. Further review requirements shall be determined at the time any future application is submitted on any portion of the site. Dudng removal of the existing metal buildings, a qualified professional archaeologist will monitor all ground disturbance activities. If cultural resources are discovered, the archaeologist will make an evaluation as to the resource's possible historic/prehistoric significance and importance. If formal recordation of the resources will mitigate possible impacts to less than significant, no further continuous monitoring will be needed during subsequent project phases. However, the recommendations of the qualified professional should be implemented in any case. Provided mitigation is accomplished as outlined in #3 above, we recommend that the professional archaeologist conduct on site monitoring periodically, i.e. once weekly, in order to determine if (additional) cultural resources have been discovered. The archaeologist shall provide a list of possible artifacts and/or features that may be encountered during ground disturbance activities to Robert Frapwell, the project's Construction Coordinator. Mr. Frapwell will provide this list to all individuals who will be working on this project site, and inform them of their responsibility to report any cultural materials that are found on site to their supervisors immediately. The archaeologist should be called in to evaluate the findings and make a mitigation determination. The professional archaeologist identified in the foregoing Condition No. 2 shall be chosen by means of a consultation process between the Superintendent of Schools Office and a duly authorized representative of the Native American tribe or band. Notification of the archaeologist thereby selected shall be made to the Archaeological Information Center and the City of Bakersfield Development Services Department by letter signed by both the Superintendent's Office and the Native American Representative. A follow up report of any cultural resources found, their significance, and recommended mitigation measures shall be made to the Development Services Department. All required recordation and/or mitigation measures shall be completed to the satisfaction of the designated archaeologist prior to continuance of grading or construction activities onsite. The existence of any underground storage tanks within the project boundaries shall be ascertained as required by the Office of Environmental Services, Bakersfield Fire Department. Proof of compliance with any remedial actions identified by such assessment as required by Environmental Services shall be submitted to the City of Bakersfield Development services Department pdor to commencement of grading or construction activities within this project. PUBLIC WORKS A traffic study was prepared by Crenshaw Traffic Engineering for the proposed project. Based upon recommendations and data provided in the study we have the following comments, information and conditions for your consideration. The study analyzed a mixture of uses for the site as follows: 300 Student Middle School 16,000 SF Commercial 80 Unit Elderly Housing 60 Unit Multi-Family 1,500 SF Training Center 2,500 SF Child Care i otals 327 Daily Trips 650 Daily Trips 270* Daily Trips 395 Daily Trips 172 Daily Trips 198 Daily Trips 2,012 uaily (90 and 75 peak AM/PM) (102 and 79 peak) (22 and 27 peak) (28 and 35 peak) (3 and 3 peak) (38 and 39 peak) (283 AM and z~8 P,'M peak) * Estimated from PM peak (taken as 10% of daily) Distribution of project traffic resulted in very few facilities having peak volumes over the 40 peak threshold. Three local mitigation items were identified as being needed by the year 2020 and the project shares are as follows: Upgrade Signal at Q Street and 24th Street to add left turn phasing. Estimated cost is 4H9% share of $40,000 = 6.1% $60,000 $3,630 Restdpe and channelize Q Street, 21'~ Street to Golden State Estimated cost is 1.61% share of $20,000 = $322 , New signal at R Street and 21s~ Street (computation not in study, share based on warrant volumes in study) Estimated cost is 4.93% share of $120,000 = $5,916 Total local mitigation is $7,914 or $3.93 per daily trip. The study also identified projects on the Phase II, Regional Traffic Impact program list which had threshold project levels of traffic on them (taken as 5 peak trips). Due to the infill nature of the project very few projects are identified, these are as follows: Union Ave at SJRR Union Ave at KI Canal Union Ave widening, SR 58 to SJRR (1/3 of total RTIF segment) California Ave, Oak to A Mt. Vernon ~ 178 Ramp, EB Totals 0.32% x $ 100,000 = $ 320 0.32% x $ 40,000 = $ 128' 0.32% x 1/3 x $1=075,000 = $1,147' 0.14% x $ 430,000 = $ 617 0.21% x $ 250,000 = $ 525 $2,373 or $1.36 per daily trip * These 2 improvements (items 2 and 3) from the RTIF are not listed in the study, but are on the same segment of Union Avenue as Item 1. Therefore the same percentage was used and the project share computed herein. * * Modified according to Public Works Department memorandum dated 3/18/1999. Items 2 and 3, based on Caltrans recommendations contained in letter dated 3/17/1999. The existing onsite sewer line shall either be properly abandoned or shall be privately maintained. S:\GPA-MAR\0749\exhibit,a,mar25.wpd EXHIBIT "C" LEGAL DESCRIPTION ZONE CHANGE P98-0749 M-t to C-C . ' -R-973322-JEAN LUCAS-A AlL THAT CERTAIN LAND SITUATED IN TIlE STATE OF CAI. IFO~, COUNTY OF KERN, AND IS DF..SCRIBED AS FOI. I.OWS: PARCEL h THAT PORTION OF BI.,OCKS 174 AND 175, TOGETHtR WITH THOSE PORTIONS OF TIlt ADJACENT At _t-;~'S IN SAID BLOCKS, 23ND STREt'T, 23RD ~, AND "S" STREET AS SHOWN ON TR] MAP OF TIlE CITY OF BAKtlSFT!:mn, COUNTY OF KERN, STATE OF CALIFORNIA, AS PER MAP RF. CORDED APRIL. 19, I~(}4 IN BOOK I, PAGF, q 13 AND 14 OF MAPS, IN THE OFFICE OF TIrE COUNTY RECORDE3t OF SAID COUNTY, DESCRIBED AS FOLLOWS: . COMMENCING AT A POINT ON SOUTHERLY lINE OF 24TH STI~ DISTANTTTiEIEON 355..q} FEET EASTERLY FROM TIlE EAS'fEII,Y lINE OF 'R' STImP:P:T, AS SAID STREETS ARE; SHOWN UFON SAID MAP DATED MARCH 10, 1~)4, ENTITt_~rm "SAt-F:R MAP OF KIlN COUNTY I..AND COMPANY, SHOWING SUBDMSIONS OF ITS ADDITION TO BAKERSFFt .n KIRN COUNTY, CALIFORNIA', FIIiD IN THE OFFICE OF TIll COUNTY RFJ:ORDEI OF SAID COUNTY, APRIL, 19, 1904, SAID POINT OF COMMENCEMENT BE3NG At,SO THE NORTHWES'fEILy CORNER OF THAT CEITAIN PARCEl, OF LAND DESCP,~F..D IN INDENTtlE DATE~OCTOBER 19, 1949, FROM SOUTHtRN PACIYlC RAILROAD COMPANY, TO GEORGE HABE]tFELDE, ET AL, RECORDED NOVEMBER 2, 1949 IN VOLtDd~ 1644, PAGE 413 OF OFFICXAL RECORDS: THENCE SOUTHERLY ALONG ~Y LINE OF LAND DESCRIBED INSAID INDENTURE, AND PAR~t-tJ:L WTrH~y LINE OF 'T' STREET, AS LAST SAID STREET IS SHOWN ON SAID MAP, A DISTANCE OF 340 FEEF TO THE TRUE POINT OF BEGINNING OF THE PARCEL OF LAND TO BE DF. SCRIBED; THENCE CONTINUING SOUT]IERLY ALONG SAID WESTERLY LINE 336.12 FEET TO THE SOUTHV/F,qT~Y CORNER OF LAND DESCRIBED IN SAID INDENTURE; THI.~/CE NORTHWEST~,Ly AND NOR~Y ALONG THE NORTHWEST~P. Ly CONTINUATION OF THAT CERTAIN CURVE DF. SCRIBED AS HAVING A RADIUS OF 272.34 FEEF IN SAID INDENTURF, ALONG A CURVE TO ~ RIGHT. HAVING A RADIUS OF 272.34 FEET (CHORD OF SAID CURVE BEARS AT AN ANGLE OF 44'44'4~' TO THE I.EPT FROM LAST DESCRIBED COURSE. 284.10 FEEF) AN ARC DISTANCE OF 298.89 FEET TO A POINT IN A LINE PAR~I _t _~t_ WITH AND DISTANT 15~.50 FEEt EASTERLY, MEASURED AT RIGHT ANGI ~:-~ FROM SAID EASTERLY LINE OF °R' ST~. AND ALSO DISTANT 474.33 FEET SOUTHERLY. MEASURED ALONG LAST SAID PA!t~s _t _~-'~. LINE, FROM SAID SOUTHERLY LINE OF 24TH STI~m~F; THENCE NOR~y ALONG LAST SAID PAR~Lt_~:t_ LINE, 108.33 FEEF; THENCE ~y, PAR~LtF-L wrrlt SAID SOUTHERLY LINE O~ 24TH STREET 54 30 FEEF. THENCE NORTHERLY PAR~I-I-~- WrFH SAID WESTERLY L/NE OF T STREEt. 26 ~'~; ~~ EASTERLY, pAl~t-t-I~-t ~W1TH SAID SOUTHERLY LINE OF 24TH STREET; 145.70 FEET TO THE TRUE POINT OF BEGINNING. (CO~ NEXT PAGE) PAGE 6 LTA O' .ERS OUCY KER-973322-JEAN LUCAS-A REGIONAL E. XCElrrlONS EXCEPTING THEREFROM AND RESERVING, HOWEVER, ALL OF THE MINERALS AND MINERAL ORES OF EVERY KIND AND CHARACTER NOW KNOWN TO EXIST OR HEREAFTER DISCOVERED UPON, WITHIN OR UNDERLYING SAID LAND OR THAT MAY BE PRODUCED THEREFROM INCLUDING, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL PETROLEUM, OIL, NATURAL GAS AND OTHER HYDROCARBON SUBSTANCES AND PRODUCTS DERIVED THEREFROM, AS RESERVED BY SOUTHERN PACIFIC RAILROAD COMPANY IN DEED RECORDED SEPTEMBER 20, 1957 IN BOOK 2844, PAGE 137 OF OFFICIAL RECORDS, WHICH DEED PROVIDED AS FOLLOWS: 'TOGETHER WITH THE EXCLUSIVE AND PERPETUAL RIGHT OF SAID GRANTOR, ITS SUCCE..~ORS AND ASSIGNS, OF INGRESS AND EGRESS BENEATH THE SURFACE OF SAID LAND TO EXPLORE FOR, EXTRACT, AND MINE AND REMOVE THE SAME, AND TO MAKE SUCH USE OF THE SAID LAND BENEATH THE SURFACE AS IS NECESSARY OR USEFUL IN CONNECTION THEREWITH, WHICH USE MAY INCLUDE INTERNAL OR SLANT DRILLING, BORING, DIGGING OR SINKING OF WELLS, SHAFTS, OR TUNNELS, PROVIDED. HOWEVER, THAT SAID GRANTOR, ITS SUCCESSORS AND ASSIGNS, SHALL NOT USE THE SURFACE OF SAID LAND IN THE EXERCISE OF ANY OF SAID RIGHTS. ' PARCEL 2: THAT PORTION OF BLOCK 175, TOGETHER WITH THOSE PORTIONS OF THE ADJACENT ALLEY IN SAID BLOCK, 22ND STREET AND 23RD STREET, AND AS SHOWN ON THE MAP OF THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, AS PER MAP RECORDED APRIL 19. 1904 IN BOOK 1. PAGES 13 AND 14 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WESTERLY LINE OF "T' STREET WITH THE SOUTHERLY LINE OF 24TH STREET, AS SAID STREETS ARE SHOWN UPON SAID MAP DATED MARCH 10, 1904, ENTITLED 'SALES MAP OF THE KERN COUNTY LAND COMPANY, SHOWING SUBDIVISION OF ITS ADDITIONS TO THE CITY OF BAKERSFIELD, KERN COUNTY, CALIFORNIA,' FILED IN THE OFFICE OF THE COUNTY RECORDER ON APRIL 19, 1904; THENCE SOUTHERLY. ALONG SAID WESTERLY LINE OF 'T' STREET, 300 FEET TO THE TRUE POINT OF BEGINNING OF THE PARCEL OF LAND TO BE DESCRIBED; THENCE SOUTHERLY CONTINUING ALONG SAID WESTERLY LINE OF 'T' STREET 384.0 FEET TO A POINT DISTANT NORTHERLY 23.0 FEET, MEASURED ALONG LAST SAID WESTERLY LINE, FROM THE NORTHEASTERLY CORNER OF 'THAT CERTAIN PARCEL OF. LAND DESCRIBED IN DEED TO CLIFFORD A. METTLER RECORDED NOVEMBER 13, 1941 IN BOOK 1067, PAGE I OF OFFICIAL RECORDS; THENCE WESTERLY DISTANT NORTHERLY 23 FEET FROM THE NORTHERLY LiNE OF SAID CLIFFORD A. METTLER PARCEL 189.97 FEET TO A POINT; THENCE NORTHWESTERLY, ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 272.34 FEET, AN ARC DISTANCE OF 65.66 FEET (TANGENT OF SAID CURVE AS LEAST MENTIONED POINT IS LAST DESCRIBED COURSE); THENCE NORTHERLY PARALLEL WITH AND DISTANT 255 FEET WESTERLY AT RIGHT ANGLES FROM SAID WESTERLY LINE OF "T' STREET, 376.12 FEET; THENCE EASTERLY 255.0 FEET TO THE TRUE POINT OF BEGINNING. (CONTINUED NEXT PAGE) PAGE7 ALTA OWNERS POLICY . G,oNA,. eXCe'T, ONS KER-973322-JEAN LUCAS-A EXCEPTING THEREFROM ALL PETROLEUM, OIL, NATURAL GAS, AND PRODUCTS DERIVED THEREFROM, AND ALL RIGHTS THERETO, TOGETHER WITH THE EXCLUSIVE RIGHT AT ALL TIMES TO ENTER UPON OR IN SAID LAND TO PROSPECT FOR AND TO DRILL, BORE, RECOVER AND REMOVE THE SAME PROVIDED HOWEVER THAT IN FIRST PARTY, THEIR SUCCESSORS OR ASSIGNS SHALL NOT USE THE SURFACE OF SAID LAND, IN THE EXERCISE OF ANY OF SAID RIGHTS, BUT SHALL HAVE THE RIGHT TO ENTER AND TO USE THE SUB-SURFACE OF SAID LAND BY LATERAL OR SLANT DRILLING AND BORING FOR SUCH PURPOSES; PROVIDED FURTHER. THAT IN SO DOING THE FIRST PARTY, THEIR SUCCESSORS AND ASSIGNS, SHALL NOT DISTURB THE SURFACE OF SAID LAND, OR ANY IMPROVEMENTS THEREON, OR REMOVE OR IMPAIR THE LATERAL OR SUBJACENT SUPPORT OF SAID LAND, OR ANY IMPROVEMENT THEREON, AS RESERVED IN THE DEED FROM THE SOUTHERN PACIFIC RAILROAD COMPANY, RECORDED IN BOOK 1644, PAGE 413 OF OFFICIAL RECORDS. PARCEL 3: THAT PORTION OF BLOCK 184, TOGETHER WITH THOSE PORTIONS OF THE ADJACENT ALLEY IN SAID BLOCK, 22ND STREET AND "S' STREET, AS SHOWN ON THE MAP OF THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, AS PER MAP RECORDED APRIL 19, 1904 IN BOOK I, PAGES 13 AND 14 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF BLOCK 184, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, SAID SOUTHERLY LINE BEING THE NORTHERLY LINE OF 2 IST STREET, DISTANT THEREON 200.0 FEET WESTERLY MEASURED ALONG SAID SOUTHERLY LINE OF BLOCK 184 FROM THE SOUTHEAST CORNER OF SAID BLOCK, AS SAID BLOCK IS SHOWN ON SAID MAP DATED MARCH 10, 1904, ENTITLED 'SALES MAP OF THE KERN COUNTY LAND COMPANY, SHOWING SUBDIVISION OF ITS ADDITIONS TO THE CITY OF BAKERSFIELD, KERN COUNTY, CALIFORNIA," FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON APRIL t9, 1904, SAID POINT OF BEGINNING BEING THE SOUTHWEST CORNER OF THE LAND DESCRIBED INDENTURE BETWEEN SOUTHERN PACIFIC COMPANY AND WILLIE M. METTLER, DATED JULY 18, 194 I; THENCE WESTERLY ALONG THE NORTHERLY LINE OF 2 I ST STREET. 100.0 FEET; THENCE NORTHERLY PARALLEL TO THE EASTERLY LINE OF SAID BLOCK 184, A DISTANCE OF 271.15 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE LEFT HAVING A RADIUS OF 296.84 FEET, A DISTANCE OF 102.69 FEET TO A POINT THAT IS DISTANT 200.0 FEET WESTERLY MEASURED AT RIGHT ANGLES FROM THE EASTERLY LINE OF SAID BLOCK 184, SAID POINT BEING THE NORTHWEST CORNER OF THE LAND DESCRIBED IN SAID INDENTURE DATED JULY 18, 1941; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF LAND DESCRIBED IN SAID INDENTURE; PARALLEL WITH SAID EASTERLY LINE OF SAID BLOCK 250.15 FEET TO THE POINT OF BEGINNING. (CONTINUED NEXT PAGE) PAGE 8 ALTA OWNERS POLICY REGIONAL EXCEFTIONS KER-973322-JEAN LUCAS-A EXCEPTING THEREFROM ALL PETROLEUM. OIL. NATURAL GAS, AND PRODUCTS DERIVED THEREFROM AND OTHER MINERALS WITHIN OR UNDERLYING SAID LAND, AS RESERVED BY SOUTHERN PACIFIC RAILROAD COMPANY, A CORPORATION, AND SOUTHERN PACIFIC COMPANY, A CORPORATION, IN THE DEED RECORDED APRIL 4, 1945 IN BOOK 1244, PAGE 416 OF OFFICIAL RECORDS. PARCEL4: THAT PORTION OF BLOCK 184, TOGETHER WITH THAT PORTION OF THE ADJACENT ALLEY IN SAID BLOCK AS SHOWN ON THE MAP OF THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, AS PER MAP RECORDED APRIL 19, 1904 IN BOOK 1, PAGES 13 AND 14 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID BLOCK 184; THENCE NORTHERLY ALONG THE EAST LINE OF SAID BLOCK 250 FEET; THENCE WESTERLY PARALLEL WITH THE SOUTH LINE OF SAID BLOCK 200.0 FEET; THENCE SOUTHERLY PARALLEL WITH THE EAST LINE OF SAID BLOCK 250 FEET TO THE SOUTH LINE OF SAID BLOCK; THENCE EASTERLY THEREON 200 FEET TO THE POINT OF BEGINNING. PARCEL 5: THAT PORTION OF BLOCK 185, TOGETHER WITH THOSE PORTIONS OF THE ADJACENT ALLEY IN SAID BLOCK, 22ND STREET AND "S' STREET, AS SHOWN ON THE MAP OF THE CITY OF BAKERSFIELD, COUNTY OF KERN. STATE OF CALIFORNIA, AS PER MAP RECORDED APRIL 19, I904 IN BOOK 1, PAGES 13 AND 14 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF BLOCK I84, (IN THE NORTHERLY LINE OF 21ST STREET) IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, DISTANT THEREON 300 FEET WESTERLY FROM THE SOUTHEAST CORNER OF SAID BLOCK 184, AS SAID BLOCK AND STREET ARE DELINEATED ON SAID MAP DATED MARCH 10, 1904 ENTITLED "SALES MAP OF THE KERN COUNTY LAND COMPANY, SHOWING SUBDIVISION OF ITS ADDITIONS TO THE CITY OF BAKERSFIELD, KERN COUNTY, CALIFORNIA,' FILED IN THE OFFICE OF THE COUNTY RECORDER ON APRIL 19, 1904, SAID POINT OF BEGINNING BEING THE SOUTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED DATED FEBRUARY 12, 1945, FROM SOUTHERN PACIFIC RAILROAD COMPANY TO METTLER FARMS, INC., THENCE WESTERLY CONTINUING ALONG SAID NORTHERLY LINE OF 21ST STREET, 75.0; THENCE NORTHERLY PARALLEL WITH AND 375 FEET WESTERLY AT RIGHT ANGLES FROM THE EASTERLY LINE OF SAID BLOCK 184, A DISTANCE OF 317.68 FEET; THENCE SOUTHEASTERLY, ALONG A CURVE TO THE LEFT OF A RADIUS OF 248.84 FEET, AN ARC DISTANCE OF 89.51 FEET TO A POINT IN THE WESTERLY LINE OF SAID PARCEL OF LAND DESCRIBED IN SAID DEED DATED FEBRUARY 12, 1945; THENCE SOUTHERLY ALONG SAID WESTERLY LINE. A DISTANCE OF 269.72 FEET TO THE POINT OF BEGINNING. (CONTINUED NEXT PAGE) PAGE 9 AL,TA OWNERS POLICY exc .'no.s KER-973322--JEAN LUCAS-A PARCEL 6: THAT PORTION OF BLOCK 184, 22ND STREET AND 'S' STREET AS SHOWN ON THE MAP OF THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, AS PER MAP RECORDED APRIL I9, 1904 IN BOOK 1, PAGES 13 AND 14 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF BLOCK 185 OF SAID CITY OF BAKERSFIELD; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID BLOCK 185, ALSO BEING THE NORTHERLY LINE OF 21ST STREET, A DISTANCE OF 235.5 FEET TO THE SOUTHWEST CORNER OF THE LAND CONVEYED TO METTLER FARMS BY DEED RECORDED JULY 18, 1946 IN BOOK 1380, PAGE 179 OF OFFICIAL RECORDS. THENCE NORTHERLY, ALONG THE WESTERLY LINE OF SAID LAND CONVEYED TO METTLER FARMS, 317.68 FEET TO THE TRUE POINT OF BEGINNING, ALSO BEING THE NORTHWEST CORNER OF SAID LAND CONVEYED TO METTLER FARMS; THENCE SOUTHEASTERLY, ALONG THE NORTHEASTERLY LINE OF SAID LAND CONVEYED TO METTLER FARMS, BEING A NON-TANGENT CURVE CONCAVE NORTHEASTERLY WITH A RADIUS OF 248.84 FEET, AN ARC DISTANCE OF 89.51 FEET TO THE NORTHEAST CORNER OF SAID LAND CONVEYED TO METTLER FARMS, ALSO BEING A POINT ON THE WESTERLY LINE OF THE LAND CONVEYED TO METTLER FARMS BY DEED RECORDED APRIL 4, 1945 IN BOOK 1244, PAGE 416 OF OFFICIAL RECORDS; THENCE NORTHERLY, ALONG SAID WESTERLY LINE, 1.43, MORE OR LESS TO THE NORTHWEST CORNER OF THE LAST MENTIONED LAND CONVEYED TO METTLER FARMS; THENCE EASTERLY, ALONG THE NORTHERLY LINE OF SAID LAND CONVEYED TO METYLER FARMS, BEING A NON-TANGENT CURVE CONCAVE NORTHERLY WITH A RADIUS OF 296.84 FEET, AN ARC DISTANCE OF 102.69 FEET TO THE NORTHEAST CORNER OF SAID LAND OF METTLER FARMS; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID LAND CONVEYED TO METTLER FARMS 0. 15 FEET, MORE OR LESS, TO THE NORTHWEST CORNER OF THE LAND CONVEYED TO KATIE METTLER BY DEED RECORDED NOVEMBER 13, 194 1 IN BOOK 1057, PAGE 355 OF OFFICIAL RECORDS; THENCE EASTERLY, ALONG THE NORTHERLY LINE OF SAID LAND CONVEYED TO KATIE METTLER, 200 FEET TO THE NORTHEAST CORNER OF SAID LAND CONVEYED TO KATIE METTLER, BEING A POINT ON THE EASTERLY LINE OF SAID BLOCK 184, WHICH BEARS NORTHERLY ALONG SAID EASTERLY LINE, 250 FEET FROM THE SOUTHEAST CORNER OF SAID BLOCK 184; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID BLOCK 184 AND ITS NORTHERLY PROLONGATION 23 FEET TO THE SOUTHEAST CORNER OF THE LAND CONVEYED TO PACIFIC SOUTHERN FOUNDR/ES, INC., BY DEED RECORDED SEPTEMBER 13, 1955 IN BOOK 2486, PAGE 391 OF OFFICIAL RECORDS; THENCE WESTERLY ALONG THE SOUTHERLY LINE OF SAID LAND CONVEYED TO PACIFIC SOUTHERN FOUNDRIES, INC., A DISTANCE OF 189.97 FEET TO A TANGENT CURVE CONCAVE NORTHERLY WITH A RADIUS OF 272.34 FEET. (CONTINUED NEXT PAGE) PAGE lO ALTA OWNERS POUCY ReG,o.^t. F. XCFa,'nONS KER-973322-JEAN LUCAS-A THENCE NORTHWESTERLY, ALONG SAID SOUTHERLY LINE AND CURVE. AN ARC DISTANCE OF 65.66 FEET TO THE SOUTHEAST CORNER OF THE LAND CONVEYED TO PACIFIC SOUTHERN FOUNDRIES. INC., BY DEED RECORDED SEPTEMBER 18, 1957 IN BOOK 2844, PAGE 137 OF OFFICIAL RECORDS; THENCE CONTINUING ALONG SAID CURVE AN ARC DISTANCE OF 137.77 FELrl·, MORE OR LESS, TO A POINT ON THE NORTHERLY PROLONGATION OF THE WESTERLY LINE OF SAID LAND CONVEYED TO METTLER FARMS BY DEED RECORDED JULY 18, 1946 IN BOOK 1380. PAGE 179 OF OFFICIAL RECORDS. THENCE SOUTHERLY ALONG SAID PROLONGATION 27.83 FEET. MORE OR LESS TO THE POINT OF BEGINNING. EXCEPTING THEREFROM ALL MINERALS AND MINERAL RIGHTS, INTERESTS, AND ROYALTIES, INCLUDING, WITHOUT LIMITING, THE GENERALITY THEREOF, OIL, GAS AND OTHER HYDROCARBON SUBSTANCES, AS WELL AS METALLIC OR OTHER SOLID MINERALS. IN AND UNDER THE PROPERTY; HOWEVER. GRANTOR OR ITS SUCCESSORS AND ASSIGNS, SHALL NOT HAVE THE RIGHT FOR ANY PURPOSE WHATSOEVER TO ENTER UPON, INTO OR THROUGH THE SURFACE OF THE PROPERTY IN CONNECTION THERE~W-ITH, AS RESERVED BY SOUTHERN PACIFIC TRANSPORTATION COMPANY, A DELAWARE CORPORATION, IN DEED RECORDED SEPTEMBER 16, 1994 AS INSTRUMENT NO. 136446 OF OFFICIAL RECORDS. PARCEL 7: ALL THAT PORTION OF "T' STREET LYING SOUTHERLY OF 24TH STREET AND NORTHERLY OF 21ST STREET, AS VACATED BY RESOLUTION NO. 481 OF THE BAKERSFIELD CITY COUNCIL, DATED NOVEMBER 26, 1923, THOSE PORTIONS OF BLOCKS 143, 176, I83 AND THE ADJACENT ALLEY IN SAID BLOCK 183, TOGETHER WITH THOSE PORTIONS OF 22ND STREET AND 23RD STREET LYING EASTERLY OF SAID "T' STREET, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA. AS PER MAP RECORDED APRIL 19, 1904 IN BOOK I, PAGES 13 AND 14 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. LYING WESTERLY OF THE WEST LINE OF THAT CERTAIN PARCEL CONVEYED TO GEORGE HABERFELDE AND ED HABERFELDE IN DEED RECORDED JUNE 27, 1939 IN BOOK 864, PAGE 243 OF OFFICIAL RECORDS AND WESTERLY OF THE UNITED STATES GOVERNMENT SEGREGATION LINE SEPARATING THE SWAMP AND OVERFLOW LAND FROM THE HIGHLAND. EXCEPTING THEREFROM ANY PORTION OF SAID LAND LYING WITHIN THE BOUNDARIES OF PARCEL 'D" OF THAT CERTAIN FINAL JUDGMENT IN CONDEMNATION BY THE COUNTY OF KERN, RECORDED JANUARY 17, 1933 IN BOOK 451, PAGE 467 OF OFFICIAL RECORDS. (CONTINUED NEXT PAGE) PAGE 11 ALTA OWNEIL~ POLICY REGIONAL EXCEPTIONS KER-973322JEAN LUCAS-A ALSO EXCEPTING THEREFROM THAT CERTAIN PARCEL AS CONVEYED TO THE CALIFORNIA WATER SERVICE COMPANY. A CALIFORNIA CORPORATION, IN DEED RECORDED MAY 21, 1934 IN BOOK 515, PAGE 355 OF OFFICIAL RECORDS, BEING ALL THAT PORTION OF 'T' STREET, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, AS PER MAP RECORDED APRIL 19, 1904 IN BOOK 1. PAGES 13 AND 14 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AS VACATED BY RESOLUTION NO. 481 OF THE BAKERSFIELD CITY COUNCIL, DATED NOVEMBER 26, 1923, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF BLOCK 184 OF SAID MAP OF THE CITY OF BAKERSFIELD THENCE EAST 10.94 FEET, THENCE NORTH 20°50' EAST 123.58 FEET; THENCE WEST 54.89 FEET TO A POINT IN THE EASTERLY LINE OF BLOCK 184; AND THENCE SOUTH 115.5 FEET TO THE POINT OF BEGINNING. WARNING "THE MAP ATTACHED HERETO MAY OR MAY NOT BE A SURVEY OF THE LAND DEPICTED THEREON. YOU SHOULD NOT RELY UPON IT FOR ANY PURPOSE OTHER THAN ORIF..ANTATION TO THE GENERAL LOCATION OF THE PARCEL OR PARCELS DEPICTED. FI]~T AMERICAN EXPRF...SSLY DISCLAIMS ANY LIABILITY FOR ALLEGED LOSS OR DAMAGE WHICH MAY RESULT FROM RELIANCE UPON CS PAGE 12 N c B I ..~ i -I c-c I~t. C-C j rn I0 CITY OF BAKERSFIELD ZONING MAP SEC 30 T 29S LEGEND [::72_:.-3 SC,OOLS 103- 30 R 28E DESCRIPTION: KER-1020S8 PARCEL I: ALL THAT PORTION OF THE FOLLOWING DESCRIBED LAND LYING SOUTHERLY OF THE SOUTHERLY BOUNDARY LINE OF 24TH STREET AS SHOWN ON THE MAP OF THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, AS PER MAP RECORDED APRIL 19, 1904 IN BOOK l, PAGES 13 AND 14 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF 26TH STREET WITH THE SOUTHWESTERLY LINE OF THE SOUTHERN PACIFIC RAILROAD COMPANY'S RIGHT OF WAY, AS SAID STREET AND RIGHT OF WAY ARE SHOWN ON MAP HEREINAFTER REFERRED TO; THENCE WESTERLY ALONG SAID SOUTHERLY LINE OF 26TH STREET TO THE EASTERLY LINE OF "R" STREET, THENCE SOUTHERLY ALONG THE EASTERLY LINE OF "R" STREET, 1303.5 FEET TO THE NORTHERLY LINE OF 22ND STREET; THENCE EASTERLY ALONG SAID NORTHERLY LINE OF 22ND STREET, 610.50 FEET TO THE WESTERLY LINE OF "T" STREET; THENCE NORTHERLY ALONG SAID WESTERLy LINE OF "T' STREET TO SAID SOUTHWESTERLY LINE OF RIGHT OF WAY; THENCE NORTHWESTERLY ALONG SAID SOUTHWESTERLY LINE OF RIGHT OF WAY TO THE POINT OF BEGINNING. EXCEPTING THEREFROM COMMENCING AT THE INTERSECTION OF THE WESTERLY LINE OF "T' STREET WITH THE SOUTHERLY LINE OF 24TH STREET AS SAID STREETS ARE SHOWN UPON THAT CERTAIN MAP DATED MARCH 10, 1904 ENTITLED 'SALES MAP OF THE KERN COUNTY LAND COMPANY, SHOWING SUBDM SIONS OF ITS ADDITIONS TO THE CITY OF BAKERSFIELD, KERN COUNTY, CALIFORNIA' FILED IN THE OFFICE OF THE COUNTY RECORDER ON APRIL 19, 1904; THENCE SOUTHERLY, ALONG THE WESTERLy LINE OF 'T' STREET, 300.0 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND TO BE DESCRIBED; THENCE SOUTHERLY, CONTINUING ALONG SAID WESTERLY LINE OF 'T' STREET, 384.0 FEET TO A POINT DISTANT NORTHERLY 23.0 FEET NORTHERLY MEASURED ALONG LAST SAID WESTERLY LINE FROM THE NORTHEASTERLY CORNER OF THE 25763 SQUARE FOOT PARCEL OF LAND DESCRIBED IN DEED DATED FEBRUARY 12, 1945 FROM SOUTHERN PACIFIC RAILROAD COMPANY TO ME'ITLER FARMS, 'INC.; THENCE WESTERLY, PARALLEL WITH AND DISTANT 23.0 FEET NORTHERLY MEASURED AT RIGHT ANGLES FROM THE NORTHERLY LINE OF SAID 25763 SQUARE FOOT PARCEL OF LAND, 189.97 FEET TO A POINT; THENCE NORTHWESTERLy, ALONG A CURVE TO THE RIGHT OF A RADIUS OF 272.34 FEET AN ARC DISTANCE OF 65.66 FEET, (TANGENT OF SAID CURVE AT LAST MENTIONED POINT IS LAST DESCRIBED COURSE); THENCE NORTHERLY, PARALLEL WITH AND DISTANT 255 FEET WESTERLY AT RIGHT ANGLES FROM SAID WESTERLY LINE OF 'T' STREET, 676.12 FEET TO A POINT IN SAID SOUTHERLY LINE OF 24TH STREET; THENCE EASTERLY, ALONG LAST SAID SOUTHERLY LINE; 55.0 FEET; THENCE SOUTHERLY, PARALLEL WITH AND DISTANT 200 FEET WESTERLY AT RIGHT ANGLES FROM SAID WESTERLY LINE OF "T" STREET, 300.0 FEET; THENCE EASTERLY, PARALLEL WITH AND DISTANT 300 FEET SOUTHERLY, AT RIGHT ANGLES FROM SAID SOUTHERLY LINE OF 24TH STREET, 200.0 FEET TO THE POINT OF BEGINNING. (CONTINUED NEXT PAGE) PAGE 4 KER-102058 ALSO EXCEPTING THEREFROM COMMENCING AT A POINT ON THE SOUTHERLy LINE OF 24TH STREET DISTANT THEREON 355.50 FEET EASTERLY FROM THE EASTERLY LINE OF 'R' STREET, AS SAID STREETS ARE SHOWN UPON THAT CERTAIN MAP DATED MARCH 10, 1904, ENTITLED 'SALES MAP OF THE KERN COUNTY LAND COMPANY, SHOWING SUBDIVISIONS OF ITS ADDITIONS TO THE CITY OF BAKERSFIELD, KERN COUNTY, CALIFORNIA' FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON APRIL 19. 1904, SAID POINT OF COMMENCEMENT BEING AL~O THE NORTHWESTERLY CORNER OF THAT CERTAIN 114,250 SQUARE FOOT PARCEL OF LAND DESCRIBED IN AN INDENTURE DATED OCTOBER I9, 1949, FROM SOUTHERN PACIFIC RAILROAD COMPANY TO GEORGE HABERFELDE, ET AL, RECORDED NOVEMBER 2, 1949 IN BOOK 1644. PAGE 413 OF OFFICIAL RECORDS OF KERN COUNTY; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF LAND DESCRIBED IN SAID INDENTURE. AND PARALLEL WITH THE WESTERLy LINE OF 'T' STREET, AS LAST SAID STREET IS SHOWN ON SAID MAP, A DISTANCE OF 340.00 FEET TO THE TRUE POINT OF BEGINNING OF THE PARCEL OF LAND TO BE DESCRIBED; THENCE CON'IINIJ1NO SOUTHERLY ALONG SAID WESTERLY LINE, 336.12 FEET TO THE SO~TERLy CORNER OF LAND DESCRIBED IN SAID INDENTURE; THENCE NORTHWESTERLY AND NORTHERLY ALONG THE NORTHWESTERLy CONTINUATION OF THAT CERTAIN CURVE DESCRIBED AS HAVING A RADIUS OF 272.34 FEET IN SAID INDENTURE. ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 272.14 FEET (CHORD OF SAID CURVE BEARS AT AN ANGLE OF 44°44'44· TO THE LEFT FROM LAST DESCRIBED COURSE, 284.10 FEET) AN ARC DISTANCE OF 298.89 FEET TO A POINT IN A LINE PARALLEL WITH AND DISTANT 155.50 FEET EASTERLY MEASURED AT RIGHT ANGLES, FROM SAID EASTERLY LINE OF 'R' STREET, AND ALSO DISTANT 474.33 FEET SOUTHERLY, MEASURED ALONG LAST SAID PARALLEL LINE, FROM SAID SOUTHERLY LINE OF 24TH STREET; THENCE NORTHERLY ALONG LAST SAID PARALLEL LINE, 108.33 FEET; THENCE EASTERLY, PARALLEL WITH SAID SOUTHERLY LINE OF 24TH STREET, 54.30 FEET; THENCE NORTHERLY, PARALLEL WITH SAID WESTERLY LINE OF 'T' STREET, 26.00 FEET; THENCE EASTERLY, PARALLEL WITH SAID SOUTHERLY LINE OF 24TH STREET, 145.70 FEET TO THE TRUE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM BEGINNING AT A POINT ON THE SOUTHERLY LINE OF 24TH STREET, DISTANT THEREON 155.50 FEET EASTERLY FROM THE EASTERLY LINE OF 'R' STREET, AS SAID STREETS ARE SHOWN UPON THAT CERTAIN MAP DATED MARCH 10, 1904 ENTITLED 'SALES MAP OF THE KERN COUNTY LAND COMPANY, SHOWING SUBDIVISIONS OF ITS ADDITIONS TO THE CITY OF BAKERSFIELD, KERN COUNTY, CALIFORNIA' FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON APRIL 19, 1904; THENCE EASTERLY,' ALONG SAID SOUTHERLY LINE, 200.00 FEET TO THE NORTHWESTERLY CORNER OF THAT CERTAIN 114,250 SQUARE FOOT PARCEL OF LAND DESCRIBED IN AN INDENTURE DATED OCTOBER 19, 1949 FROM SOUTHERN PACIFIC RAILROAD COMPANY TO GEORGE HABERFELDE, ET AL, RECORDED NOVEMBER 2, 1949 IN BOOK 1644, PAGE 413 OF OFFICIAL RECORDS OF KERN COUNTY; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF LAND DESCRIBED IN SAID INDENTURE, AND PARALLEL WITH THE WESTERLy LINE OF 'T" STREET, AS LAST SAID STREET IS SHOWN ON SAID MAP, A DISTANCE OF 340.00 FEET; THENCE WESTERLY, PARALLEL WITH SAID SOUTHERLY LINE OF 24TH STREET, 145.70 FEET; THENCE SOUTHERLY, PARALLEL WITH SAID WESTERLY LINE OF 'T' STREET, 26.00 FEET; THENCE WESTERLY, PARALLEL WITH SAID SOUTHERLY LINE OF 24TH STREET, 54.30 FEET TO A POINT IN A LINE PARALLEL WITH AND DISTANT 155.50 FEET EASTERLY, MEASURED AT RIGHT ANGLES, FROM SAID EASTERLY LINE OF 'R ' STREET; THENCE NORTHERLY, ALONG LAST SAID PARALLEL LINE, 366.00 FEET TO THE POINT OF BEGINNING. (CONTINUED NEXT PAGE) PAGE 5 KER-102058 ALSO EXCEPTING THEREFROM COMMENCING AT THE SOUTHWEST CORNER OF BLOCK 185 OF SAID CITY OF BAKERSFIELD; THENCE EASTERLY, ALONG THE SOUTHERLY LINE OF SAID BLOCK 185, ALSO BEING THE NORTHERLY LINE OF 21ST STREET, A DISTANCE OF 235.5 FEET TO THE SOUTHWEST CORNER OF THE LAND CONVEYED TO METTLER FARMS BY DEED RECORDED JULY 18, 1946 IN BOOK 1380, PAGE 179 OF OFFICIAL RECORDS; THENCE NORTHERLY, ALONG THE WESTERLy LINE OF SAID LAND CONVEYED TO MET1'LER FARMS, 317.68 FEET TO THE TRUE POINT OF BEGINNING, ALSO BEING THE NORTHWEST CORNER OF SAID LAND CONVEYED TO ME*rrLI~ FARMS, BEING A NON-TANGENT CURVE CONCAVE NORTHEASTERLY WITH A RADIUS OF 248.84 FEET, AN ARC DISTANCE OF 89.51 FEET TO THE NORTHEAST CORNER OF SAID LAND CONVEYED TO METTLER FARMS, ALSO BEING A POINT ON THE WESTERLY LINE OF THE LAND CONVEYED TO METTLER FARMS BY DEED RECORDED APRIL 4, 1945 IN BOOK 1244, PAGE 416 OF OFFICIAL RECORDS; THENCE NORTHERLy, ALONG THE SAID WESTERLY LINE, 1.43 FEET, MORE OR TO THE NORTHWEST CORNER OF THE LAST MENTIONED LAND CONVEYED TO ME'r~-~R FARMS; THENCE EASTERLY, ALONG THE NORTHERLY LINE OF SAID LAND CONVEYED TO M~ FARMS, BEING A NON-TANGENT CURVE CONCAVE NORTHERLY wrrH A RADIUS OF 296.84 FEET, AN ARC DISTANCE OF 102.69 FEET TO THE NORTHEAST CORNER OF SAID LAND OF ME'rrt-~-R FARMS; THENCE SOUTHERLy, ALONG THE EASTERLY LINE OF SAID LAND CONVEYED TO METrLER FARMS, 0.15 FEET, MORE OR LF. qS, TO THE NORTHWEST CORNER OF THE LAND CONVEYED TO KATIE METTLER BY DEED RECORDED NOVEMBER 13, 1941 IN BOOK 1057, PAGE 355 OF OFFICIAL RECORDS; THENCE EASTERLY, ALONG THE NORTHERLY LINE OF SAID LAND CONVEYED TO KATIE METTLER, 200 FEET TO THE NORTHEAST CORNER OF SAID LAND CONVEYED TO KATIE METTLER, BEING A POINT ON THE EASTERLY LINE OF SAID BLOCK 184; WHICH BEARS NORTHERLY, ALONG SAID EASTERLY LINE, 250 FEET FROM THE SOUTHEAST CORNER OF SAID BLOCK 184; THENCE NORTHERLy, ALONG THE EASTERLY LINE OF SAID BLOCK 184 AND ITS NORTHERLy PROLONGATION, 23 FEET TO THE SOUTHEAST CORNER OF THE LAND CONVEYED TO PACIFIC SOUTHERN FOUNDRIES, INC., BY DEED RECORDED SEPTEMBER 13, 1955 IN BOOK 2486, PAGE 391 OF OFFICIAL RECORDS; THENCE WESTERLy, ALONG THE SOUTHERLY LINE OF SAID LAND CONVEYED TO PACIFIC SOUTHERN FOUNDPIES, INC., A DISTANCE OF 189.97 FEET TO A TANGENT CURVE CONCAVE NORTHERLy WITH A RADIUS OF 272.34 FEET; THENCE NORTHV/E.VrERLy, ALONG SAID SOUTHERLy LINE AND CURVE, AN ARC DISTANCE OF 65.66 FEET TO THE SOUTHEAST CORNER OF THE LAND CONVEYED TO PACIFIC SOUTHERN FOUNDRIES, INC., BY DEED RECORDED SEPTEMBER 18, 1957 IN BOOK 2844, PAGE 137 OF OFFICIAL RECORDS; THENCE CONTINUING ALONG SAID CURVE AN ARC DISTANCE OF 137.77 FEET, MORE OR LF.qS, TO A POINT ON THE NORTHERLY PROLONGATION OF THE WESTERLY LINE OF SAID LAND CONVEYED TO METTLER FARMS BY DEED RECORDED JULY 18, 1946 IN BOOK 1380, PAGE 179 OF OFFICIAL RECORDS; THENCE SOUTHERLY, ALONG SAID PROLONGATION 27.83 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. PARCEL 2: ALL THAT PORTION OF BLOCK 144 AND 23RD STREET AS SHOWN ON THE MAP OF THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, AS PER MAP RECORDED APRIL 19, 1904 IN BOOK 1, PAGES 13 AND 14 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS: PAGE 6 Kl R-102058 COMMENCING AT THE INTERSECTION OF THE WESTERLY LINE OF 'T' STREET WITH THE SOUTHERLY LINE OF 24TH STREET AS SAID STREETS ARE SHOWN UPON THAT CERTAIN MAP DATED MARCH 10, 1904 ENTITLED "SALES MAP OF THE KERN COUNTY LAND COMPANY, SHOWING SUBDIVISIONS OF ITS ADDITIONS TO THE CITY OF BAKERSFIELD. KERN COUNTY, CALIFORNIA' FILED IN THE OFFICE OF THE COUNTY RECORDER ON APRIL 19, 1904; THENCE SOUTHERLY, ALONG SAID WESTERLY LINE OF 'T' STREET, 300.0 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND TO BE DESCRIBED; THENCE SOUTHERLY, CONTINUING ALONG SAID WESTERLY LINE OF "T' STREET, 384.0 FEET TO A POINT DISTANT NORTHERLY 23.0 FEET MEASURED ALONG LAST SAID WESTERLy LINE FROM THE NORTHEASTERLY CORNER OF THE 25763 SQUARE FOOT PARCEL OF LAND DESCRIBED IN DEED DATED FEBRUARY 12, 1945 FROM SOUTHERN PACIFIC RAILROAD COMPANY TO METTLER FARMS, INC.; THENCE THE WE,VrERLY, PARALLEL WITH AND DISTANT 23.0 FEET NORTHERLY MEASURED AT RIGHT ANGLES FROM NORTHERLY LINE OF SAID 25763 SQUARE FOOT PARCEL OF LAND, 189.97 FEET TO A POINT; THENCE NORTHW'ESTERLY, ALONG A CURVE TO THE RIGHT OF A RADIUS OF 272.34 FEET AN ARC DISTANCE OF 65.66 FEET, (TANGENT OF SAID CURVE AT LAST MENTIONED POINT IS LAST DESCRIBED COURSE); THENCE NORTHERLY, PARALLEL WITH AND DISTANT 255 FEET WRSTERLY AT RIGHT ANGLES FROM SAID WESTERLY LINE OF 'T" STREET, 676.12 FEET TO A POINT IN SAID SOUTHERLY LINE OF 24TH STREET; THENCE EASTERLY, ALONG LAST SAID SOUTHERLY LINE, 55.0 FEET; THENCE SOUTHERLY, PARALLEL WITH AND DISTANT 200 FEET WESTERLY AT RIGHT ANGLES FROM SAID WESTERLY LINE OF 'T' STREET, 300.0 FEET; THENCE EASTERLY, PARALLEL WITH AND DISTANT 300 FEET SOUTHERLY, AT RIGHT ANGLES FROM SAID SOUTHERLY LINE OF 24TH STREET, 200.0 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM COMMENCING AT THE INTERSECTION OF THE WESTERLY LINE OF 'T* STREET WITH THE SOUTHERLY LINE OF 24TH STREET, AS SAID STREETS ARE SHOWN UPON THAT CERTAIN MAP DATED MARCH 10, 1904. ENTITLED 'SALES MAP OF THE KERN COUNTY LAND COMPANY, SHOWING SUBDIVISIONS OF ITS ADDITIONS TO THE CITY OF BAKERSFIELD, KERN COUNTY, CAIJFORNIA', FILED IN THE OFFICE OF THE COUNTY RECORDER ON APRIL 19, 1904; THENCE SOUTHERLY, ALONG SAID WESTERLY LINE OF 'T" STREET, 300.0 FEET TO THE TRUE POINT OF BEGINNING OF THE PARCEL OF LAND TO BE DESCRIBED; THENCE SOUTHERLY, CONTINUING ALONG SAID WESTERLY LINE OF 'T* STREET, 384.0 FEET TO A POINT DISTANT NORTHERLY 23.0 FEET NORTHERLY MEASURED ALONG LAST SAID WESTERLY LINE FROM THE NORTHEASTERLy CORNER OF THE 25763 SQUARE FOOT PARCEL OF LAND DESCRIBED IN DEED DATED FEBRUARY 12, 1945 FROM SOUTHERN PACIFIC RAILROAD COMPANY TO METTLER FARMS, INC.; THENCE WESTERLY, PARALLEL WITH AND D[STANT 23.0 FEET NORTHERLY MEASURED AT RIGHT ANGLES FROM THE NORTHERLY LINE OF SAID 25763 SQUARE FOOT PARCEL OF LAND, 189.97 FEET TO A POINT; THENCE NORTHWE. STERLY, ALONG A CURVE TO THE RIGHT OF A RADIUS OF 272.34 FEET AN ARC DISTANCE OF-65.66 FEET, (TANGENT OF SAID CURVE AT LAST MENTIONED POINT IS LAST DESCRIBED COURSE); THENCE NORTHERLY, PARALLEL WITH AND DISTANT 255 FEET WESTERLY AT RIGHT ANGLES FROM SAID WESTERLY LINE OF "T" STREET, 376.13 FEET TO A POINT; THENCE EASTERLY 255 FEET TO THE TRUE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM ALL PETROLEUM, OIL, NATURAL GAS AND PRODUCTS DERIVED THEREFROM, AS RESERVED IN THE DEED FROM SOUTHERN PACIFIC RAILROAD COMPANY, RECORDED IN BOOK 1644, PAGE 413 OF OFFICIAL RECORDS. PAGE 7 KER-1020$8 PARCEL3: ALL THAT PORTION OF BLOCKS 144, 145, 23RD STREET AND S STREET AS SHOWN ON THE MAP OF THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, A~ PER MAP RECORDED APRIL 19, 1904 IN BOOK 1, PAGES 13 AND 14 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. BEGINNING AT A POINT ON THE SOUTHERLY LINE OF 24TH STREET, DISTANT THEREON I$S..50 FEET EASTERLY FROM THE EASTERLY LINE OF *R* STREET, AS SAID STREETS ARE SHOWN UPON THAT CERTAIN MAP DATED MARCH 10, 1904 ENTITLED *S~l-p-q MAP OF THE KERN COUNTY LAND COMPANY, SHOWING SUBDM SIONS OF ITS ADDITIONS TO THE CITY OF BAKER$~, ~ COUNTY, CALIFORNIA' FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON APRIL 19. 1904; THENCE EASTERLY, ALONG SAID SOUTHERLY LINE, 200.00 FEET TO THE NORTHWESTERLY CORNER OF THAT CERTAIN 114,250 SQUARE FOOT PARCEL OF LAND DESCRIBED IN AN INDENTURE DATED OCTOBER 19, 1949 FROM SOUTHERN PACIFIC RAILROAD COMPANY TO GEORGE HABERFELDE, ET AL, RECORDED NOVEMBER 2, 1949 IN BOOK 1644, PAGE 413 OF OFFICIAL RECORDS OF KERN COUNTY; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF LAND DESCRIBED IN SAID INDENTURE, AND PARALLEL WITH THE WESTERLY LINE OF "T" STREET, AS LAST SAID STREET IS SHOWN ON SAID MAP, A DISTANCE OF 340.00 FEET; THENCE WESTERLY, PARALLEL WITH SAID SOU'i~ERLY LINE OF 24TH STREET, 145.70 FEET; THENCE SOUTHERLY, PARALLEL WITH SAID WESTERLY LINE OF *T* STREET, 26.00 FEET; THENCE WESTERLY, PARALLEL WITH SAID SOUTHERLY LINE OF 24TH STREET, 54.30 FEET TO A POINT IN A LINE PARALLEL WITH AND DISTANT 155.50 FEET EASTERLY, MEASURED AT RIGHT ANGLES, FROM SAID EASTERLY LINE OF *R" STREET; THENCE NORTHERLY, ALONG LAST SAID PARALLEL LINE, 366.00 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM ALL OF THE MINERALS AND MINERAL ORES OF EVERY KIND AND CHARACTER NOW KNOWN TO EXIST OR HEREAFTER DISCOVERED UPON, wrrHIN OR UNDERLYING SAID LAND OR THAT MAY BE PRODUCED THEREFROM INCLUDING, WITHOUT LIMITED THE GENERALITY OF THE FOREGOING, ALL PETROLEUM, OIL, NATURAL GAS AND OTHER HYDROCARBON SUBSTANCES AND PRODUCTS DERIVED THEREFROM, TOGETHER WITH THE EXCLUSIVE AND PERPETUAL RIGHT OF SAID GRANTOR, ITS SUCCESSORS AND ASSIGNS, OF INGRESS AND EGRESS BENEATH THE SURFACE OF SAID LAND TO EXPLORE FOR, EXTRACT, MINE AND REMOVE THE SAME, AND TO MAKE SUCH USE OF THE SAID LAND BENEATH THE SURFACE AS IS NECESSARY OR USEFUL IN CONNECTION THEREWITH, WHICH USE MAY INCLUDE LATERAL OR SLANT DRILLING, BORING, DIGGING OR SINKING OF WELLS. SHAFTS OR TUNNELS; PROVIDED, HOWEVER, THAT SAID GRANTOR, ITS SUCCESSORS AND ASSIGNS, SHALL NOT USE THE SURFACE OF SAID LAND IN THE EXERCISE OF ANY OF SAID RIGHTS, AS RESERVED BY SOUTHERN PACIFIC COMPANY IN DEED RECORDED NOVEMBER I, 1957 IN BOOK 2863, PAGE 302 OF OFFICIAL RECORDS. PAGE 8 KER-102058 PARCEL4: LOTS 1, 2, 3, 4, 5, 6, 7 AND 8 IN BLOCK 185, TOGETHER WITH THE ALLEY LYING WITHIN SAID BLOCK 185 RUNNING IN AN EAST/WEST DIRECTION BOUNDED ON THE EAST BY 'S' STREET AND ON THE WEST BY 'R' STREET. AND THAT PORTION OF 22ND STREET LYING ADJACENT AND NORTHERLY TO SAID BLOCK 185 BOUNDED ON THE EAST BY *S' STREET AND ON THE WEST BY "R' STREET, AS SHOWN ON THE MAP OF THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA AS PER MAP RECORDED APRIL 19, 1904 IN BOOK I, PAGES 13 AND 14 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM ANY PORTION LYING WITHIN THE FOLLOWING DESCRIBED LAND; BEGINNING AT A POINT IN THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF BLOCK 184, (IN THE NORTHERLY LINE OF 21ST STREET) IN THE CITY OF BAKERSFIELD, DISTANT THEREON 300.00 FEET WESTERLY FROM THE SOUTHEAST CORNER OF SAID BLOCK 184, AS SAID BLOCK AND STIIPwF ARE DELINEATED ON THAT CERTAIN MAP DATED MARCH 10, 1904, ENTITI .~.n 'SALES MAP OF THE KERN COUNTY LAND COMPANY, SHOWING SUBDM SIONS OF ITS ADDITIONS TO THE CITY OF BAKERSFIELD, KERN COUNTY, CALIFORNIA', FILED IN THE OFFICE OF THE COUNTY RECORDER ON APRIL 19, 1904, SAID POINT OF BEGINNING BEING THE SOUTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND DESCR/BED IN DEED DATED FEBRUARY 12, 1945, FROM SOUTHERN PACIFIC RAILROAD COMPANY TO METTLER FARMS, INC.; THENCE WF~TERLY, CONTINUING ALONG SAID NORTHERLY LINE OF 21ST STREET 75.0 FEET; THENCE NORTHERLY, PARALLEL WITH AND 375 FEET WESTERLY AT RIGHT ANGLES FROM THE EASTERLY LINE OF SAID BLOCK 184, A DISTANCE OF 317.68 FEET; THENCE SOUTHEASTERLY ALONG A CURVE TO THE LEFT OF A RADIUS OF 248.84 FEET; AN ARC DISTANCE OF 89.51 FEET TO A POINT IN THE WESTERLY LINE OF SAID PARCEL OF LAND DESCRIBED IN SAID DEED DATED FEBRUARY 12, 1945; THENCE SOUTHERLY ALONG SAID WESTERLY LINE, A DISTANCE OF 269.72 FEET TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM 22ND STREET THAT PORTION LYING EAST AND NORTHEASTERLY OF THE WEST AND SOUTHERLY BOUNDARY OF THE FOLLOWING DESCRIBED LAND: COMMENCING AT THE SOUTHWEST CORNER OF BLOCK 185 OF SAID CITY OF BAKERSFIELD; THENCE EASTERLY, ALONG THE SOUTHERLY LINE OF SAID BLOCK 185, ALSO BEING THE NORTHERLY LINE OF 21ST STREET, A DISTANCE OF 235.5 FEET TO THE SOUTHWEST CORNER OF THE LAND CONVEYED TO METTLER FARMS BY DEED RECORDED JULY 18, 1946 IN BOOK 1380, PAGE 179 OF OFFICIAL RECORDS; THENCE NORTHERLY, ALONG THE WESTERLY LINE OF SAID LAND CONVEYED TO METTLER FARMS. 317.68 FEET TO THE TRUE POINT OF BEGINNING. ALSO BEING THE NORTHWEST CORNER OF SAID LAND CONVEYED TO METTLER FARMS, BEING A NON- TANGENT CURVE CONCAVE NORTHEASTERLy WITH A RADIUS OF 248.84 FEET, AN ARC DISTANCE OF 89.51 FEET TO THE NORTHEAST CORNER OF SAID LAND CONVEYED TO METTLER FARMS. ALSO BEING A POINT ON THE WESTERLy LINE OF THE LAND CONVEYED TO METTLER FARMS BY DEED RECORDED APRIL 4, 1945 IN BOOK 1244, PAGE 416 OF OFFICIAL RECORDS; THENCE NORTHERLY, ALONG THE SAID WESTERLy LINE, 1.43 FEET, MORE OR LESS, TO THE NORTHWEST CORNER OF THE LAST MENTIONED LAND CONVEYED TO METTLER FARMS; THENCE EASTERLY, ALONG THE NORTHERLY LINE OF SAID LAND CONVEYED TO METTLER FARMS, BEING A NON- TANGENT CURVE CONCAVE NORTHERLY WITH A RADIUS OF 296.84 FEET, AN ARC DISTANCE OF 102.69 FEET TO THE NORTHEAST CORNER OF SAID LAND OF METTLER FARMS; THENCE (CONTINUED NEXT PAGE) PAGE 9 KER-102058 SOUTHERLy, ALONG THE EASTERLY LINE OF SAID LAND CONVEYED TO METTLER FARMS, 0. 15 FEET, MORE OR LESS, TO THE NORTHWEST CORNER OF THE LAND CONVEYED TO KATIE METTLF. R BY DEED RECORDED NOVEMBER 13, 1941 IN BOOK 1057, PAGE 355 OF OFFICIAL RECORDS; THENCE EASTERLY, ALONG THE NORTHERLY LINE OF SAID LAND CONVEYED TO KATIE METTLER, 200 FEET TO THE NORTHEAST CORNER OF SAID LAND CONVEYED TO KATIE METTLER, BEING A POINT ON THE EASTERLY LINE OF SAID BLOCK 184; WHICH BEARS NORTHERLy, ALONG SAID EASTERLY LINE, 2~0 FEET FROM THE SOUTHEAST CORNER OF SAID BLOCK 184; THENCE NORTHERLY, ALONG THE EASTERLY LINE OF SAID BLOCK 184 AND ITS NORTHERLY PROLONGATION, 23 FEET TO THE SOUTHEAST CORNER OF TIlE LAND CONVEYED TO PACIFIC SOUTFIERN FOUNDRIES, INC., BY DEED RECORDED SEPTEMBER 13, 1955 IN BOOK 2486, PAGE 391 OF OFFICIAL RECORDS; THENCE ~y, ALONG THE SOUTHI~RLY LINE OF SAID LAND CONVEYED TO PACIFIC SOUTHERN FOUNDRIES, INC., A DISTANCH OF 189.97 FEET TO A TANGENT CURVE CONCAVE NORTHERLy WITH A RADIUS OF 272.34 FEET; 11fENCE NORTItWESTI~,Ly, ALONG SAID SOUTHERLy LINE AND CURVE, AN ARC DISTANCE OF 65.66 FEET TO THE SOUT~EA,S~ CORNER OF THE LAND CONVEYED TO PACIFIC SOUTHERN FOUNDRIF~, INC., BY DEED RECORDED SSBER 18, 1957 IN BOOK 2844, PAGE 137 OF OFFICIAL RECORDS; 'IItENCE CO~ING ALONG SAID CURVE AN ARC DISTANCE OF 137.77 FEET, MORE OR LE~, TO A POINT ON THE NORTHERLY PROLONGATION OF THE ~y LINE OF SAID LAND CONVEYED TO MEI'IILR FARMS BY DEED RECORDED JULY 18, 1946 IN BOOK 1380, PAGE 179 OF OFFICIAL RECORDS; THENCE SOUTHERLY, ALONG SAID PROLONGATION 27.83 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. PAGE 10 AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) County of Kern ) PAMELA A. MCCARTHY, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 14th day of May , 1999 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. Bakersfield City Council at a meeting held on the 12th entitled: 3899 , passed by the day of May 1999 , and ORDINANCE AMENDING TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 103-30 FROM LIGHT MANUFACTURING TO CENTRAL COMMERCIAL ON 15 ACRES, LOCATED BETWEEN 21sT AND 24TM STREETS, EAST OF R STREET, WEST OF THE KERN ISLAND CANAL, ZC P98-0749. /s/PAMELA A. MCCARTHY City Clerk of the City of Bakersfield S:\DOCUMEN'DAOPOSTING May 14, 1999