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HomeMy WebLinkAboutMITIGATIONPhase I: Envir~.,,~ental Site Assessment TABLE OF CONTENTS 1.0 2.0 3.0 4.0 5.0 6.0 7.0 8.0 INTRODUCTION 2 1.1 Purpose ............................................................................ 2 1.2 Special Terms and Conditions .......................................... 2 PROPERTY 2.1 2.2 2.3 2.4 2.5 2.6 DESCRIPTION 2 Project Site Description ................................................... 2 Project Site and Vicinity Characteristics ........................... 2 Descriptions of Structures, Roads and Other Improvements on the Project Site ........................... 3 Current Uses of the Project Site ....................................... 4 Past Uses of the Project Site ............................................ 4 Current Uses of Adjacent Project Sites ............................. 4 RECORDS REVIEW 4 3.1 Standard Environmental Records Sources, Federal, State and Local ................................................... 4 3.2 Aerial Photography Interpretation of Project Site History .......................................................... 5 3.3 Other Sources of Information ........................................... 5 INFORMATION FROM PROJECT SITE RECONNAISSANCE AND INTERVIEWS 4.1 Indications of Solid Waste Disposal ................................. 4.2 Other Conditions of Concern ............................................ FINDINGS AND CONCLUSIONS SIGNATURE OF ENGINEER QUALIFICATIONS OF ENGINEER APPENDIX Interview Documentation Color Photographs Vicinity Map Site Location Map Adjacent Land Uses Land Designation Map Aerial Photo's Soils Map Assessors Parcel Map General Plan Exhibit Map Preliminary Title Report 5 5 6 6 6 7 8 Martin-Mclntosh 1 03/31/94 Phase I: Envir~..¢ntal Site Assessment 1.0 INTRODUCTION 1.1 Purpose The purpose of this Phase I Environmental Site Assessment is to provide Castle & Cooke Communities, Inc. a site assessment of the recognized environmental conditions of the project site. The .project site that is zoned M-2 and designated as SI (Service Industrial). The proposed zone change would be R-2 and the proposed General Plan designation is LIVIR (Low Medium Density Residential). This will provide affordable single and multi- family development that could yield approximately 1200 units. This proposed development would be consistent with the Campus Park to the north and Silver Creek to the east. The typical house sizes could range from 1400 to 2500 square feet. The 309.20 acres of land is located south of Pacheco Road, east of Gosford Road, north of Panama Lane, and west of Progress Road. (See Color Photographs - Pages 9 through 12) (See Vicinity Map - Page 13) (See Land Designation Map - Page 16) (See Aerial Photo - 4/12/93 - Page 17) (See General Plan Exhibit Map - Page 26) 1.2 Special Terms and Conditions This Phase I Environmental Site Assessment report identifies environmental conditions connected with this project site. A minimum search distance of ~A-mile was used to complete all records searches. 2.0 PROPERTY DESCRIPTION 2.1 Project Site Description The project site is located in the City of Bakersfield, County of Kern, State of California. The project site is bounded by Pacheco Road on the north, Gosford Road on the east, Panama Lane on the south, and Progress Road on the west. (See Vicinity Map - Page 13) (See Aerial Photo - 4/12/93 - Page 17) Assessor Parcel Book 370, Page 010, Parcel 23 and 35 in the office of the Kern County Recorder. According to the U. S. Geological Survey 7.5 minute (Gosford, California) Topographic Quadrangle Map, the approximate elevation is 360 feet above sea level. The project site occupies a portion of the east-half of Section 20, Township 30 South, Range 27 East, M.D.M. 2.2 Project Site and Vicinity Characteristics The project site is being used for agricultural land, it is relatively flat, and is gently sloping to the south-west. The project site acreage is 309.20 acres. The site that is east of Progress Road, to the south of Pacheco Road, in the north-west comer of project site, is a well site granted to the City of Bakersfield per Book 5648, Page 1141, official records. This site is .18 acres, and it is not part of project site. The site that is west of Gosford Martin-Mclntosh 2 03/31/94 Phase I: Envi~d,_,,ental Site Assessment Road, located about a quarter off a mile to the south off Pacheco Road, is a well site granted to the City off Bakersfield per Book 5987, Page 1010, official records. This site is ;88 acres and it is not part of'the project site. The project site is bounded on the north by Campus Park, which is being developed with single-ffamily subdivisions, and the General Plan designation is LR (Low Density Residential). The project site is bounded on the east by Silver Creek, which is being developed with single-ffamily subdivisions, and the General Plan designation is LR (Low Density Residential). There are two locations east of'project site, and the General Plan designation is GC (General Commercial). The project site is bounded on the west by agricultural land, and the General Plan designation is LR (Low Density Residential). The project site is bounded on the south, and the General Plan designation is SI (Service Industrial) and RqA (Intensive Agriculture). The Southern Pacific Railroad runs east-west along the north-side of Pacheco Road, and the project site is on the south-side of Pacheco Road. The Sunset Railroad has an 80-froot wide right-off- way that runs north-south along the west side off Progress Road, and the project site is on the east-side off Progress Road. The parcels of land conveyed to the Southern Pacific Railroad Company, a corporation, per document recorded, July 2, 1894, in Book 54, Page 264 of deeds, and June 8, 1901, in Book 120, Page 448 of deeds, are not part of' the project site. (See Adjacent Land Uses - Page 15) (See Land Designation Map - Page 16) (See General Plan Exhibit Map - Page 26) (See Preliminary Title Report - Page 27) 2.3 Descriptions of Structures, Roads and Other Improvements on the Project Site Structures There are no structures on project site, although two sets of wooden power poles run north-south through the middle of the project site. Roads The project site is bounded by Pacheco Road on the north, Gosf'ord Road on the east, Panama Lane on the south, and Progress Road on the west. (See Vicinity Map - Page 13) (See Aerial Photo - 4/12/93 - Page 17) lgater Supply Service The water supply is already in place next to the project site and the proposed zone change to R-2 and the proposed General Plan designation is LMR (Low Medium Density Residential) can be served. The project site is within the Califfornia Water Service District boundary. Sewage Disposal System The sewage disposal is already in place next to the project site and the proposed zone change to R-2 and the proposed General Plan designation is LMR (Low Medium DenSity Residential) can be served. Martin-Mclntosh 3 03/31/94 Phase I: Enviromnental Site Assessment Fire, Police and Medical Services Public safety services will not be significantly affected by the proposed zone change to R-2 and the proposed General Plan designation is LMR (Low Medium Density Residential). 2.4 Current Uses of the Project Site The project site was leased on, March 1, 1994, by John and Pat Scarrone. In interviewing Pat Scarrone, she thought that the project site had not been farmed for a few years.. In plowing and preparing the project site for farming, they had dug up pipe and other items. The project site is being used as agricultural land, and carrots have been planted. 2.5 Past Uses of the Project Site Historical aerial photographs dated 1937, 1958, 1975, 1981, 1985, 1990 and 1993 were reviewed to help established history of project site. The aerial photographs were compared from 1981 to 1993 and the project site has been used as agricultural land. In interviewing Castle & Cooke Communities, Inc., Mike Antongiovanni farmed on project site until 1988, and Alfonso Checchi fanned the project site before that. In interviewing Castle & Cooke Communities, Inc. and comparing the aerial photographs from 1937 to 1975, the project site was Kern County Land and Cattle Company, (Gosford Feed Yard). (See Aerial Photo's - Pages 17 through 23) 2.6 Current Uses of Adjacent Project Sites The project site is bounded to the north by Campus Park, which is almost fully developed with single family subdivisions. The project site is bounded to the east by Silver Creek, and is being developed with single-family subdivisions. There are two commercial sites, Reimers Gardening Center, and Rocks Inc., 4800 Gosford Road, located north-east of project site. There is vacant land located south-east of project site. The project site is bounded to the south-west by Ridgeline Oil and Asphalt Company, 8817 Panama Lane, and Cal-Mat Concrete Company, 8517 Panama Lane. The project site is also bounded to the south by agricultural land. The project site is bounded to the west by agricultural land. (See Site Location Map - Page 14) (See Adjacent Land Uses - Page 15) (See Land Designation Map - Page 16) (See Aerial Photo - 4/12/93 - Page 17) 3.0 RECORDS REVIEW 3.1 Standard Environmental Record Sources, Federal, State and Local Record reviews at the Kern County Health Department, Environmental Section, have indicated that no records of underground storage tanks, above-ground storage tanks, or hazardous materials responses at the project site. Martin-Mclntosh 4 03/31/94 Phase I: Env~. ~ntal Site Assessment According to the Kern County Health Department, Environmental Section, there was two sites that are adjacent, and to the north of project site, which they have old records before 1988. Magna Company that was located on the east-side of Progress Road, south-side of Pacheco Road, on .the north-west corner and next to project site. They had a spill of Acrolein, (a colorless liquid aldehyde, obtained by dehydration of glycerol or destructive distillation of fats and with a pungent odor). They had to quarantine over a 1-mile radius during the time of the spill. They filed a clean-up report with the Kern County Health Department, Environmental Section when the plant site closed. Heritage Railway Facility, which the site is no longer there, was located on the north-side of Pacheco Road, which is next to project site. The records showed that they were under investigation, and records do not show what the investigation was regarding. This site is 6.77 acres, and is Southern Pacific Railroad property now. According to the State of California Hazardous Waste and Substances Sites List the following business, Ridgeline Oil and Asphalt Company, 8817 Panama Lane, located on the south-side of Panama Lane, south-west of project site, have a Site Monitoring Well on their property. 3.2 Aerial Photograph Interpretation of Project. Site History Aerial photographs were reviewed for the project site and adjacent land. Historical aerial photographs dated 1937, 1958, 1975, 1981, 1985 and 1990 were reviewed at the Kern County Department of Planning and Development to compare and to help establish project site history and uses. The aerial photography 1993, is from Martin-McIntosh/Western Photogrammetrics library of aerial photographs. The inspection showed that there was no major evidence of development on the project site. The inspection showed that there was evidence of alteration of the project site surface in about 1981. (See Aerial Photo's - Pages 17 through 23) 3.3 Other Sources of Information Record reviews of the Department of Oil and Gas (DOG) has no records of any gas or oil wells on project site. The Bakersfield Fire Department, Hazardous Materials Division record reviews for the past five years have no records of any hazardous spills on project site. 4.0INFORMATION FROM PROJECT SITE RECONNAISSANCE AND INTERVIEWS 4.1 Indications of Solid Waste Disposal There are no indications of solid waste disposal on the project site. The project site until approximately 1975 was Kern County Land and Cattle Company, (Gosford Feed Yard). Martin-Mclntosh 5 03~31/94 Phase I: EnviF&_.ental Site Assessment The historical aerial photographs and interviews have established that a cattle and feed · yard operation was located on project site, and there might be dump sites associated with this operation. The adjacent development, Silver Creek, which is east of project site, had uncovered a dump site when grading the land for development. (See Aerial Photo's - 1937 to 1975 - Pages 21 through 23) 4.2 Other Conditions of Concern On a site visit to the project site it was visually observed a number of large above ground storage tanks located on Ridgeline Oil and Asphalt Company, 8817 Panama Lane (located on the south-side of Panama Lane, south-west of project site). Contact has been made to the State of California, Water Quality Control Board to obtain information regarding these tanks. This information is not available at this time. (See Site Location Map - Page 14) (See Aerial Photo - 4/12/93 - Page 17) 5.0 FINDINGS AND CONCLUSIONS We have performed a Phase I Environmental Site Assessment in conformance with the scope and limitations of A.S.T.M. Practice E 1527 on a portion of the east-half of Section 20, Township 30 South, Range 27 East, MD.M, of the project site. Any exceptions to, or deletions from, this practice is described in Section 1.2 of this report. This assessment has revealed no evidence of recognized environmental conditions with the project site. 6.0 SIGNATURE OF ENGINEER Martin-Mclntosh 6 03/31/94 Phase I: Envir~.ental Site Assessment 7.0 QUALIFICATIONS OF ENGINEER CURRICULUM VITAE ROGER A. McINTOSI:I, R.C.E. & L.S. PRINCIPAL - PROJECT MANAGER (CIVIL ENGINEERING) Mr. McIntosh serves as the principal in charge of several master planned communities in Kern County. Mr. McIntosh's responsibility is the management of the various aspects of these projects including the planning, engineering, surveying, construction management, and contract administration. Mr. McIntosh is very involved in community and professional affiliations. He is currently vice-president of the Kern County Building Industry Association (B.I.A.) and is the Chairman of the B.I.A. Planning and Land Use Committee and is a founding member of the Kern Transportation Foundation. Mr. McIntosh, as well as Martin-McIntosh, ~maintains active memberships in the ~Bakersfield Chamber of Commerce, the Kern Economic Development Corporation and numerous professional organizations. EDUCATION · Associates Degree. Construction Technology - Iowa State University Active participant in continuing education in engineering, management and surveying QUALIFICATIONS AND AFFILIATIONS ~ Licensed Land Surveyor: California- * Registered Civil Engineer: California- Nevada ~ Certified Engineering Technician: California- L.L.S. 4383 R.C.E.33322 R.C.E. 1O245 C.E.T. 58065 Member - California Land Surveyors Association - Past President, Chapter Representative - Bakersfield Chapter; Past Secretary - State Board of Directors and Past State Director Member - California Council of Civil Engineers and Land Surveyors - Member - Academy of Surveyors Committee 1990-1991 Member - American Congress of Surveying and Mapping Member - Institute of the Certification of Engineering Technicians Member - American Society Certification of Engineering Technicians Member - American Society of Civil Engineers Member - State Board of Registration for Professional Engineers and Land Surveyors - Land Surveyors Technical Advisory Committee May 1984 to January 1986 Member - Kern County Building Industry Association - Director 1988 - Present, Secretary 1991; Member - Planning and Land Use Committee 1988 - Present, Chairman 1990 - 1991 Member - Kern County Board of Supervisors "To Plan for Growth" Technical Advisory Committee Martin-Mclntosh 7 03/31/94 Phase I: Enviro~.,emal Site Assessment 8.0 APPENDIX Interview Documentation Contact Contact Date Kern County Bakersfield Fire Department - Hazardous Materials Division Environmental Health Services Dept. Dept. of Planning and Development Faith Willbanks Lydia von Sydow Wayne Johnson 3-24-94 3-29-94 3 -23 -94 Federal Department of Oil and Gas 3-23-94 Private Transamerica Title Insurance Company California Water Service Castle & Cooke Community, Inc. Castle & Cooke Community, Inc. John and Pat Scan'one Marianna Blomberg Bob Boone Carol Stringer 3-24-94. 3-28-94 3-28-94 3-28-94 Records Reviewed Aerial Photographs (Kern) Aerial Photographs 0Vlartin-Mclntosh/Westem Photogrammetrics) Assessors Parcel Map CKem) U.S.G.S. Topographic Quadrangle Map CKem) Land Designation Map (Kern) Soil Survey Map (Kern) General Plan Exhibit Map (Martin Mclntosh) Martin-Mclntosh 8 03/31/94 Phase 1' Environmental Site Assessment PHOTO #5 Looking N.E. from Progress Rd. towards Campus Park area PIIOTO//6 Looking, east along Pacheco Road from Progress Rd. towards Silver Creek area ,~ h u','in-J~lclntosh 9 03/31/94 Phase 1: Environmental Site Assessment PItOTO #1 Looking NW from SE corner of Gosford Rd. and Panama Lane PI IOTO #2 Looking north from S.E. corner of Gosford Rtl. and Pdlldllld LilllC~ Martin-Mclntosh 10 03/3 i/94 Phase 1: EnviroNnental Site Assessment PHOTO #3 Looking NE from inter- section Panama Lane and Progress Road PHOTO #4 east side of Ih'ogress Rtl. ,~ l~trtin-fi lclnlosh I I 03/31/94 Phase I: Environmental Site Assessment PHOTO//7 Looking east from Center of Section 20 towards Gosford Rd. PHOTO #8 Looking SYV dr:ross the interst:t;tion of Gosford Rd at Pach{~co Road ,~ 1, .'t it, -lt.[cln tosh 12 03/31/94 Phase I: Environmental Site Assessment 1NOTE: · mis ~,ou, WAS TAr. L~ ~ROM U.S.O.S. (OO$FORD, CA) T~IXX]RAPIIIC QUADRY~NOLR MAP 7.$ MIN. SEP, JE~ DATED:. I~} PHCrlOREV{$ED: 1~8 NORTH VICINITY MAP Martin-McIntosh 13 03/31/94 Phase I: Environmental Site Assessment · $ouTiiEhN'PA~i~-~'~Li~oAu :. PACH~CO ROAD x, ' Campus..Park~ Reimers Rocks Inc.~ .PROJECT SITE Silver Creek \ \ \ \ SITE / NORTH LOCATION MAP Martin-Mclntosh 14 03/31/94 Phase I: Environmental Site Assessment LEGEND :::::::::::::::'. !Jii!iii~ PROmCT AR~A  R ESIDENTIAL ~ INDUSTRIAL ~ VACANT LAND ~ CROPS NORTH ADJACENT LAND USES Martin-Mclntosh - 15 03/31/94 Phase I: Environmental Site Assessment LEGEND LR HMR HR GC LI SI P PS OS-P R-IA Low Density Residential High Medium Density Residential High Density Residential General Commercial Light Industrial Service Industrial Public Owned Facilities Public and Private Schools Parks and Recreation Facilities Intensive Agriculture · .NORTH LAND DESIGNATION MAP Martin-Mclntosh 16 03/31/94 Phase I: Environmental Site Assessment PROJECT NORTH AERIAL PHOTO - 4112193 Martin-Mclntosh 17 03/31/94 Phase I: Environmental Site Assessment NORTH AERIAL PHOTO - 5122190 Martin-Mclntosh 18 03/31/94 Phase I: Envirom,..,atal Site Assessment NORTH AERIAL PHOTO - 415185 Martin-Mclntosh 19 03/31/94 Phase I: Environmental Site Assessment NORTH AERIAL PHOTO - $/11/81 Martin-Mclntosh 20 03/31194 Phase I: Environmental Site Assessment PROJECT AERIAL NORTH PHOTO - 1/31/75 Martin-Mclntosh 21 03~31/94 Phase I: Enviro~.~.,~ntal Site Assessment NORTH AERIAL PHOTO - 3/5/58 Martin-Mclntosh 22 03/31/94 Phase I: Environmental Site Assessment AERIAL PHOTO - NORTH 8/13/37 Martin-Mclntosh 23 03/31/94 Phase I: Envirox,..ental Site Assessment LEGEND 127 Cajon sandy loam, overblown, 0 to 2 percent slopes 174 Kimberlina fine sandy loam, 0 to 2 percent slopes 179 Kimberlina fine sandy loam, saline-alkali, 0 to 2 percent slopes NORTH SOILS MAP Martin-Mclntosh 24 03/31/94 t. 3o $. r. 27 ~. 4 A 8775 / 2 // I$ 14 20. W 2-9 3O 20.0~ 20 I-~44 I-J40 SCHOOL OmT. 1-34.5 l-.3.48 1-199 ~/~, ASSESSORS MAP N0370- OI COUNTY OF KERN Phase I: EnvirO ental Site Assessment TRANSAMERICA TITLE INSURANCE COMPANY 3300 TRUXTUN AVENUE BAKERSFIELD, CALIFORNIA 93301 (805) 327-3061 DATE TYPED ORDER NO. 0428427 MARTIN-MCINTOSH ATTN: ROGER MCINTOSH 4130 ARDMORE AVENUE BAKERSFIELD, CA PRELIMINARY REPORT- IN RESPONSE TO THE ABOVE REFER£NC£D APPLICATION FOR A POLICY OF TITLB IHSURANCE, TRANSAMERICA TITLE INSORANCE IIEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE NEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING Tile LAUD AND Tile ESTATE OR INTEREST TII£REIN IIER£INAFTER SET FORTH, INSURING AGAINST LOSS NlilCII MAY BE SUSTAINED BY REASON OF ANY DEF£CT, LIEN OR ENCUNBRANC£ NOT SUOPN OR REFERRED TO AS AN EXC£PTION B£LO~ OR NOT EXCLUDED FRO~ COVERAGE PURSUAIIT TO TIlE PRINTED SCIIEDULES, CONDITIONS AMD STIPULATIONS OF SAID POLICY PORN. THE PRINTED EXC£PTIONS AND EXCLUSIONS F~OM THE COVERAGE 0¥ SAID POLICY OR POLICIES ARE SET FORTI; III EXIIIBIT 'A' ATTACNED. COPIES OF THE POLICY FORNS SIIOUCD BE READ. TIIEY ARE AVAILABLE FRO~ TIlE OFFICE NIIICII ISSUED THIS ~EPOR?. THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSNNED N£REBY. IF IT IS DESIRED THAT LIABILITY B£ ASSON£D PRIOR TO THE ISSUANCE OF h POLICY OF TITLE INSURANCE, A BINDER OR CONNI~NENT SIIOUCD BE REQUESTED. MARIANNA BLOMBERG (TITLE OFFICER) DATED AS OF 7:30 A.M. NOVEMBER 12, 1990 Martin-Mclntosh 2 7 03/31/94 THE FORM OR FORMS OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: California Land Title' Association Standard Coverage Policy - 1988 THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: OCEANIC COMMUNITIES, INC., A CALIFORNIA CORPORATION PAGE 2 0428427 .THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF KERN, UNINCORPORATED AREA, AND IS DESCRIBED AS FOLLOWS: LOTS 1, 2, 7, 8, 9, 10, 15, 16, 17, 18, 23, 24, 25, 26, 31 AND 32 OF SECTION 20, TOWNSHIP 30 SOUTH, RANGE 27 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE UNINCORPORATED AREA, COUNTY OF KERN, STATE OF CALIFORNIA, AS SHOWN ON THE SALES MAP OF LANDS OF KERN COUNTY LAND COMPANY IN SAID SECTION 20, DATED MAY 23, 1892 AND FILED MAY 28,1892 IN THE OFFICE OF THE COUNTY RECORDER. EXCEPTING THEREFROM THOSE PARCELS, "A" AND "B;' FOLLOWING, CONVEYED TO THE CITY OF BAKERSFIELD DESCRIBED AS FOLLOWS: "A" BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 20; THENCE SOUTHERLY ALONG THE EAST LINE THEREOF, 147.15 FEET TO A 6 INCH KERN COUNTY CONCRETE SURVEY MONUMENT MARKING THE INTERSECTION OF SAID EAST LINE WITH THE CENTERLINE OF PACHECO ROAD; THENCE SOUTH 89' 42' 00" WEST, ALONG SAID CENTERLINE, 2,003.14 FEET; THENCE SOUTH 00' 18' 00" EAST, 30.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00' 18' 00" EAST, 132.410 FEET; THENCE SOUTH 89' 42' 00" WEST, 89.509 FEET; THENCE NORTH 23' 53' 08" EAST, 145.151 FEET; THENCE NORTH 89' 42' 00" EAST, 30.042 TO THE TRUE POINT OF BEGINNING; AND "B" COMMENCING AT TIlE NORTIIEAST CORNER OF SAID SECTION 20; THENCE SOUTH 00' 39' 39" WEST, ALONG THE EAST LINE THEREOF, 1,000.00 FEET, SAID EAST LINE ALSO BEING THE CENTERLINE OF GOSFORD ROAD; THENCE NORTH 89' 20' 2!" WEST, 55.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00' 39' 39" WEST, 70.00 FEET; THENCE NORTH 89' 20' 21" WEST, 70.00 FEET; THENCE NORTH 00' 39' 39" EAST, 70.00 FEET; THENCE SOUTH 89' 20' 21" EAST, 70.00 FEET TO THE TRUE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THE PARCELS OF LAND coNVEYED TO THE SOUTHERN PACIFIC RAILROAD COMPANY, A CORPORATION IN THE DEED RECORDED JULY 2, 1894 IN BOOK 54 PAGE 264 OF DEEDS. ALSO EXCEPTING THEREFROM THE PARCEL OF LAND CONVEYED TO TIlE SOUTHERN PACIFIC COMPANY, A CORPORATION, IN THE DEED RECORDED JUNE 8, 1901 IN BOOK 120 PAGE 448 OF DEEDS. ALSO EXCEPT ALL OIL,'GAS AND OTHER ~{YDROCARBONS AND ALL OTllER MINERALS OF WHATEVER KIND OR CHARACTER (ALL HEREIN COLLECTIVELY CALLED MINERALS"), WHATEVER 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 AND SHALL INCLUDE, BUT NOT BE LIMITED TO, OIL, GAS OTHER HYDROCARBONS AND ALL OTltER MINERAL SUBSTANCES AND PRODUCTS, BOT~! METALLIC AND NON-METALLIC, SOLID, LIQUID, OR GASEOUS) WIIICH ARE UPON, IN, UNDER OR MAY BE PRODUCED FROM SAID REAL PROPERTY, PROVIDED, HOWEVER, THAT UNLESS THE CONSENT OF THE SURFACE OWNER IS FIRST OBTAINED, GRANTOR, ITS SUCCESSORS AND ASSIGNS SHALL NOT ENTER UPON THE SURFACE OR IN OR THROUGH TIlE UPPER 500 FEET OF TIlE SUBSURFACE IN TIIE EXERCISE OF TIlE RIGHTS EXCEPTED AND RESERVED HEREIN, AS RESERVED PAGE 3 0428427 BY TENNECO WEST, INC., A DELAWARE CORPORATION, IN DEED RECORDED DECEMBER 31, 1987 IN BOOK 6081, PAGE 373 AND RE-RECORDED FEBRUARY 11, 1988 BOOK '6093, PAGE 724 OF OFFICIAL RECORDS. PAGE 4 0428427 ON THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY WOULD BE AS FOLLOWS: o GENERAL AND SPECIAL TAXES, as follows: For Fiscal Year : 1990-91 First Installment Second Installment Land Value Improvement Value Code Area No. Assessment No. : $ 23,924.51-OPEN : $ 23,924.49-OPEN : $ 2,769,960.00 : $ 62,424.00 : 061-004 : 370-010-23-00-8 THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 498, STATUTES OF 1983 OF THE STATE OF CALIFORNIA. The property is within the boundaries of the following district and is subject to all taxes, assessments and obligations thereof. District: KERN DELTA WATER DISTRICT, THE ASSESSMENTS OF WHICH ARE CURRENTLY COLLECTED WITH COUNTY TAXES The property is within the boundaries of the following district and is subject to all taxes, assessments and obligations thereof. District: BAKERSFIELD ASSESSMENT DISTRICT 82-1, THE ASSESSMENTS OF WHICH ARE CURRENTLY COLLECTED WITI~ COUNTY TAXES RIGHTS OF THE PUBLIC, County and/or City in that portion lying within the street as it now exists: Street Name: GOSFORD ROAD, PANAMA LANE, PROGRESS ROAD AND PACHECO ROAD 6. EASEMENT, and incidents thereto, In Favor of : PACIFIC GAS AND ELECTRIC COMPANY, A CALIFORNIA CORPORATION Recorded, Official Records: SEPTEMBER 26, 1950 Book/Reel : 1670 Page/Image : 208 Series/Instrument No. : 39968 Purpose : ELECTRICAL FACILITIES Affects : A PORTION OF SAID LAND THE EFFECT OF A NOTICE OF REVOCATION OF SAID LICENSE RECORDED OCTOBER 12, 1989, IN BOOK 6302 PAGE 1289, OFFICIAL RECORDS 7. EASEMENT, and incidents thereto, o In Favor of : PACIFIC GAS AND ELECTRIC COMPANY, A CALIFORNIA CORPORATION Recorded, Official Records: AUGUST 25, 1950 Book/Reel : 3296 Page/Image : 731 Series/Instrument No. : 50101 Purpose : A TOWER LINE Affects : A PORTION OF SAID LAND A PORTION OF SAID EASEMENT WAS RELINQUISHED BY INSTRUMENT RECORDED JULY 15, 1976 IN BOOK 4966, PAGE 976 OF OFFICIAL RECORDS. EASEMENT, and incidents thereto, In Favor of : PACIFIC GAS AND ELECTRIC COMPANY, A CALIFORNIA CORPORATION Recorded, Official Records: JULY 16, 1962 Book/Reel : 3509 Page/Image : 900 Series/Instrument No. : 41662 Purpose : TRANSMISSION LINES Affects : A PORTION OF SAID LAND A PORTION OF SAID EASEMENT WAS RELINQUISHED BY INSTRUMENT RECORDED JULY 15, 1976 IN BOOK 4966 PAGE 1976 OF OFFICIAL RECORDS. SAID EASEMENT WAS MODIFIED BY AGREEMENT RECORDED JANUARY 21, 1977 IN BOOK 5003 PAGE 573 OF OFFICIAL RECORDS. A land use contract pursuant to the California Land Conservation Act of 1965 as amended (Williamson Act) by and between the County of Kern, a political subdivision of the State of California, and Owner : TENNECO WEST, INC. Dated : FEBRUARY 15, 1977 Recorded, Official Records: FEBRUARY 16, 1977 Book/Reel : 5008 Page/Image : 785 Affects : 13672 A CERTIFICATE OF TENTATIVE CANCELLATION WIT]-{ RESPECT TO SAID LAND WAS RECORDED JUNE 13, 1983 IN BOOK 5559, PAGE 1898 OF OFFICIAL RECORDS. PAGE 6 0428427 10. MEMORANDUM OF PIPELINE LICENSE. and upon the terms and condtions contained in the unrecorded License referred to therein, In Fauor of Recorded' Book/Reel Page/Image Instrument No. Purpose Affects : INDEPENDENT VALLEY ENERGY COMPANY, A TEXAS GENERAL PARTNERSHIP : OCTOBER 12, 1981 : 5410 : 1065 : 036289 : PIPELINE : THAT PORTION OF SAID LAND AS DESCRIBED THEREIN. '11. EASEMENT, and incidents thereto, In Favor of : PACIFIC GAS AN~ ELECTRIC COMPANY, A CALIFORNIA CORPORATION Recorded, Official Records: SEPTEMBER 30, 1986 Book/Reel : 5921 Page/Image : 988 Series/Instrument No. : 040979 Purpose : ELECTRICAL FACILITIES Affects : A PORTION OF SAID LAND 12. EASEMENT, and incidents thereto, In Favor of Recorded, Official Records: OCTOBER 1, 1986 Book/Reel : 5922 Page/Image : 477 Series/Instrument No. : 041960 Purpose : WATER PIPELINE Affects : THE CITY OF BAKERSFIELD : A PORTION OF SAID LAND 13. EASEMENT, and incidents thereto, In Favor of : PACIFIC GAS AND ELECTRIC COMPANY, A CALIFORNIA CORPORATION Recorded, Official Records: OCTOBER 17, 1986 B6ok/Reel : 5927 Page/Image : 959 Series/Instrument No. : 048970 Purpose : ELECTRICAL FACILITIES Affects : A PORTION OF SAID LAND PAGE 7 0428427 14. EASEMENT, and incidents thereto, In Favor of : PACIFIC BELL, A CORPORATION Recorded, Official Records: JANUARY 6, 1987 Book/Reel : 5956 Page/Image : 2119 Series/Instrument No. : 001326 Purpose : COMMUNICATION FACILITIES Affects : A PORTION OF SAID LAND 15. EASEMENT, and incidents thereto, In Favor of : PACIFIC GAS AND ELECTRIC COMPANY, A CALIFORNIA CORPORATION Recorded, Official Records: JANUARY 21,1987 Book/Reel. : 5961 Page/Image : 742 Series/Instrument No. : 007217 Purpose : ELECTRICAL FACILITIES Affects : A PORTION OF SAID LAND 16. ACTION PENDING Defendant For Notice Recorded Book/Reel Page/Image Case No. Court Plaintiff : OCENAIC COMMUNITIES, ET AL : EASEMENT FOR GAS VALVE WIT[! INGRESS AND EGRESS THERETO : OC~IXDBER 6, 1989 : 6300 : 0878 : 208223 : SUPERIOR COURT, KERN COUNTY : PACIFIC GAS AND ELECTRIC COMPANY 17. UNRFJJDRDEI) [.ICP3tSE A(3/EI!~II~N'r, ul-)on the ter~,~ and conditions contained therein, DATED/ACCEl'rED LICEN~I LICENSEE PURPOSE AFFECTS OCF3XNIC FILE ~. : J[nqE 7, 1962 : KERN CfXJNTY LAND CC~4PANY : PACIFIC GAS AND ELECTRIC COMPANY POLELIN'ES, WI~I INCIDF~S THEREq~ : T~tAT PORTION OF SAID [,AND AS SHOWN ON ~tE MAP ATTACHED TII 'ERWI~D. : K-2898 LPO PAGE 8 0428427 18. i]NI~?XDO~DED I,ICF~%LSE A(~]IEI;ZMEN*r, upon the te~nns and conditions contained t herei n, DA'rED/ACCEFII~.D LICENSEE PURPOSE AFFF~2~i~ OCEANIC FI'M:] NO. FEBRUARY 10, 1977 : TENNECO WEST, INC. : PACIFIC GAS AND ELECTRIC COMPANY : POLELINES OR UNDERGROUND CONDUITS, WITH INCIDEN~I'S TIIERETO : THAT PORTION OF SAID LAND AS SIK]WN ON THE MAP ATTACIIED THERETO. : 30-23'-4708 19.' UNRECO4tD~] LICEI'LSE ~(~lEl'lflSIl', t'i~n the te~l~ and conditiorls cor~tained thereiu, DATED/ACCE~rED [,ICENSC~ LICV34SEE PURPOSE AFFECTS OCEANIC FII,E : FEBRUARY 14, 1977 : TENNECO WEST, INC. : PACIFIC GAS AND ELEOI'RIC COMPANY : POLELINES OR UNDERGROUND CONDUITS, AND INCIDEntS T['IER~DO : ~tAT PORTION OF SAID LAND AS SIIOWN ON THE MAP A%~AC[IED : 30-23-4712 Unless shown in the body of this preliminary report there appears of record no transfers or agreements to transfer the land described herein recorded during the period of six months prior to the date of this report, except as follows: NONE In the event of cancellation, a charge for this report will be made as required by section 12404.1 of the California insurance code. PAGE 9 0428427 I0- OZ.£ 'ON d¥~ I0- -/..9 '3/_.'8' 'W 'S 0£ 'I TRANSAMERI TITLE INSURAI E COMPANY EXHIBIT A CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1988 SCHEDULE B EXCEPTIONS FROM COVERAGE · 'This policy does not insure against loss or damage {and the Company will not pay costs, attorneys' fees or expenses) which arise by reason o1: PART I 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would dis- close, and which are not shown by the public records. la) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the malters excepted under (a), (b) or (c) are shown by the public records. EXCLUSIONS FROM COVERAGE The following mailers are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law. ordinance or governmental regulation (including but not limited to building or zoning laws. ordinances, or regulations) reslricling, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; Iii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in bwnership or a change in the dimen- sions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violalion of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereol or a notice ol a defect, lien or encumbrance resulting from a violation or alleged violation atfecting the land has been recorded in lhe public records at Date of Policy (b) Any governmenlal police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date ol Policy 2. Rights of eminent domain unless notice ot the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: ia) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; lb) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; lc) resulting in no loss or damage to the insured claimant; Id) attaching or created subsequent to Date of Policy; or {e) resulling in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy 4. Unenforceability oi lhe lien of the insured mortgage because of the inability or failure of the insured at Date of Policy. or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing busines§ laws ol the state in which tile land is situated. '~. Invalidity or unenforceabilily of lhe lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured morigage and is based upon usury or any consumer credit protection or truth in lending law. Form 2210-2 (Rev. 6-90) {Conlinued on Reverse Sid(:) EXHIBIT A (CONTINUED) AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (6-1-87) AMENDED 10-21-87 and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (6-1-87) AMENDED 10-21-87 EXCLUSIONS FROM COVERAGE '~e following mailers are expressly excluded from the coverage of Ihis policy and the Company will not pay loss or damage, costs, ,.,,torneys' lees or expenses which arise by reason ol: 1. (a) Any law, ordinance or governmental.regulation (including but nol limiled !o building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) tile occupancy, use, or enjoymenl of the ~nd; (ii) the characler, dimensions or location ol any improvement now or hereafter erected on Ihe land; (iii) a separation in ownership or a change in Ihe dimensions or area ol the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the ellect of any violation ol these laws, ordinances or governmental regulations, excepl to the extent that a notice of the enforcement thereof or a notice ol _ a defect, lien or encumbrance resulting from a violation or alleged violation affecting lhe land has been recorded in the public records at Date ol Policy. (b) Any governmenlal police power nol excluded by (a) above, except 1o the exlenl lhal a notice ol the exercise thereof or a notice ol a delect, lien or encumbrance resulling frorn a violation or alleged violalion affecting Ihe land has been recorded in lhe public records at Date ot Policy. Rights ol eminent domain unless notice of the exercise thereol has been recorded in Ihe public records at Date of Policy, but not excluding Irom coverage any taking Which has occur[ed prior to Date ol Policy which would be binding on Ihe righls of a purchaser for value without knowledge. 3. Delecls, liens, encumbrances, adverse claims or olher mailers: (a) created, suffered, assumed or agreed to by the insured claimant; (b) nol known to the Company, nol recorded in tile public records at Da~e of Policy, bul known Io tile insured claimanl and not disclosed in writing to Ihe Company by Ihe insured claimant prior Io Ihe date the insured claimanl became an insured under this policy; (c) resulling in no loss or damage Io Ille insured clairnanl; (d) altaching or crealed subsequenl Io Date of Policy; or (e) resulting in loss or damage which would not Ilave been suslained il Ihe insured claimant had paid value for the estate or interesl insured by lilts policy. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (6-1-87) AMENDED 10-21-87 WITH ALTA ENDORSEMENT-FORM 1 COVERAGE and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (6-1-87) AMENDED 10-21-87 WITH ALTA ENDORSEMENT-FORM I COVERAGE EXCLUSIONS FROM COVERAGE he following mailers are expressly excluded from the coverage ol Ihis policy and tile Company will not pay loss or damage, costs, ttorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulalions) restricting, regulaling, prohibiting or relating to (i) the occupancy, use, or enjoymenl of the land; (ii) the character, dimensions or location of any improvement now or hereafter erecled on the land; (iii) a separation in ownership or a change in the ditnensions or area of the land or any parcel of which the land is or was a part; or (iv) environmenlal prolection, or the effect of any violation of Ihese laws, ordinances or governmental regulations, excep~ Io Ihe extent that a notice ot Ihe enlorcement thereot or a notice of a defect, lien or encumbrance resulting from a violation or alleged violalion alfecling the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded bY (a) above, except Io the extent that a notice of tile exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violalion alfecting the land has been recorded in Ihe public records at Date of Policy. 2. Rights ol eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, bul not excluding from coverage any taking which has occurred prior Io Date ot Policy which would be binding on the rights of a purchaser for value without knowledge. ~. Defects, liens, encumbrances, adverse claims or olher matters: (a) created, suitered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records al Date ol Policy, but known Io the insured claimant and not disclosed in writing to the Company by the insured claimant prior Io the date the insured claimant became an insured under Ibis policy; (c) resulting in no loss or damage to the insured claimanl; (d) attaching or created subsequent to Date ol Policy (excepl lo lhe exlent that this policy insures the priority of Ihe lien of lhe insured mortgage over any statutory lien for services, labor or malerial or to Ihe exlenl insurance is allorded herein as Io assessmenls for street improvements under conslruction or compleled al Date of Policy); or (e} resulting in loss or damage which would not have been suslair{ed if lhe insured claimanl had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because ol Ihe inability or failure ol Ihe insured al Date ot Policy, or Ihe inability r,- ~ailure ol any subsequent owner o[ the indebtedness, to comply wilh applicable doing business laws of the state in which lhe Js sJluated. · Invalidity or unenforceability of the lien of the insured morlgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statulory lien for services, labor or materials (or the clainl ol priority of any statutory lien for services, labor or materials over the lien of ~he insured mortgage) arising {rom an improvement or work relaled to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of lhe indebtedness secured by the irtsured modgage which at Date ol Policy lhe insured has advanced or is obligated to advance. PACHECO ROAD ~- E XI'IITIN O 81 ~.~;~r,,,,,,"' XISTINQ ~1 25 ~XIITINQ EXISTINQ I,.R EXISTINQ L.R GRAPHIC $CAI..~ GENERAL PLAN EXHIBIT MAP EXISTINQ .< 0 n.,,' EXI8TINQ L,/'I --