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HomeMy WebLinkAboutORD NO 4291 ORDINANCE NO. '4t 2 9 1 AN ORDINANCE AMENDING SECTION 17.06.020 OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY PREZONING TO R-1 (ONE-FAMILY DWELLING) ON 352.2 ACRES; R-1/PUD (ONE-FAMilY DWELLING/PLANNED UNIT DEVELOPMENT) ON 811.4 ACRES; R-2IPUD (LIMITED MULTIPLE-FAMILY DWELLING/PLANNED UNIT DEVELOP- MENT) ON 68.6 ACRES; C-1 (NEIGHBORHOOD COMMERCIAL) ON 19.4 ACRES; C-2 (REGIONAL COMMERCIAL) ON 61.2 ACRES; C-2IPCD (REGIONAL COMMERCIAL/PLANNED COMMERCIAL DEVELOPMENT) ON 156 ACRES; AND M-1 (LIGHT MANUFACTURING) ON 181.2 ACRES, THOSE CERTAIN PROPERTIES TO BE ANNEXED INTO THE CITY OF BAKERSFIELD GENERALLY BOUNDED BY SEVENTH STANDARD ROAD TO THE NORTH, JENKINS ROAD TO THE EAST, THE BURLINGTON NORTHERN SANTA FE (BNSF) RAILROAD TO THE WEST, AND KRATZMEYER ROAD/OLIVE DRIVE TO THE SOUTH (ZONE CHANGE NO. 04- 0671), AND APPROVING A DEVELOPMENT AGREEMENT. WHEREAS, in accordance with the procedures 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 prezone those certain properties to be annexed into the City of Bakersfield generally bounded by Seventh Standard Road to the north, Jenkins Road to the east, the Burlington Northern Santa Fe (BNSF) Railroad to the west, and Kratzmeyer Road/Olive Drive to the south; and WHEREAS, a Development Agreement is also proposed for this project; and WHEREAS, by Resolution No. 105-05 on July 7,2005, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 04-0671 as delineated on attached Zoning Maps 101-02, 101-03, 101-04,101-10, and 101-11 marked Exhibit "A" and a Development Agreement shown in Exhibit "G", by this Council and this Council has fully considered the recommendations made by the Planning Commission as set forth in that Resolution and restated herein; and WHEREAS, the Planning Commission, as a result of said hearing, did make several general and specific findings of fact regarding the environmental impacts of the proposal and prezoning of the subject property to R-1 (One-Family Dwelling) on 352.2 acres; R- 1/PUD (One-Family Dwelling/Planned Unit Development) on 811.4 acres; R-2/PUD (Limited Multiple-Family Dwelling/Planned Unit Development) on 68.6 acres; C-1 (Neighborhood Commercial) on 19.4 acres; C-2 (Regional Commercial) on 61.2 acres; C-2/PCD (Regional Commercial/Planned Commercial Development) on 156 acres; and M-1 (Light Manufacturing) on 181.2 acres, and the Council has considered said findings as restated herein and all appear to be true and correct; and WHEREAS, for the above-described project, an Initial Study was conducted and it was determined that the proposed project would have a significant effect on the environment and, therefore, an Environmental Impact Report (EIR) for the project was prepared in accordance with the California Environmental Quality Act (CEQA); and 1 ,<'òM(1 () .¿;, >- - ,_ m ._ r- Ù <:> ORl(;INAI ,___ ..._.._.".,..H~· .__..____._~»__. ----------.,"-.__0-' '._._____ --.,,----. WHEREAS, the City Council has considered and concurs with the following findings made by the Planning Commission as set forth in Resolution NO.1 05-05, adopted on July 7, 2005: 1. All required notices have been given. 2. The provisions of the California Environmental Quality Act have been followed. 3. Based on the initial study and comments received, staff has determined that the proposed project could have a significant effect on the environment. An Environmental Impact Report was prepared and sent to responsible agencies and property owners within 300 feet of the project site. An Environmental Impact Report was prepared for this project in accordance with CEQA. 4. Attached Exhibit "D" containing the "Statement of Facts and Findings" is appropriate and incorporated into the project. 5. Attached Exhibit "E" containing the "Statement of Overriding Considerations" related to significant unavoidable impacts to agricultural resources, noise, and transportation/traffic is appropriate and incorporated into the project. 6. That infrastructure exists or can easily be provided to accommodate the types and intensities of the proposed development. 7. The public necessity, general welfare and good zoning practice justify the recommended prezoning to R-1 (One-Family Dwelling) on 352.2 acres; R-1/PUD (One-Family Dwelling/Planned Unit Development) on 811.4 acres; R-2/PUD (Limited Multiple-Family Dwelling/Planned Unit Development) on 68.6 acres; C-1 (Neighborhood Commercial) on 19.4 acres; C-2 (Regional Commercial) on 61.2 acres; C-2/PCD (Regional Commercial/Planned Commercial Development) on 156 acres; and M-1 (Light Manufacturing) on 181.2 acres located between Seventh Standard Road to the north, Jenkins Road to the east, the Burlington Northern Santa Fe (BNSF) Railroad to the west, and Kratzmeyer Road/Olive Drive to the south. 8. The recommended zone change and Development Agreement are consistent with the Metropolitan Bakersfield General Plan, subject to prior approval of General Plan Amendment No. 04-0671. 9. That Zone Change No. 04-0671 is hereby recommended with mitigation measures adopted in the Final Environmental Impact Report. 10. That Zone Change No. 04-0671, as outlined above, is hereby recommended for approval with "Mitigation / Conditions of Approval" shown on Exhibit "C" and Exhibit "F" subject to prior approval of General Plan Amendment No. 04-0671. 11. That the Final Environmental Impact Report for Zone Change No. 04- 0671 is hereby recommended for approval. 2 X ~M("-9 o ó' -i"' >- - ,.... m _ r- V <:> ORIGINAl as follows: 12. That the Development Agreement is hereby recommended for approval as shown in Exhibit "G". 13. The laws and regulations relating to the preparation and adoption of EIR's as set forth in CEQA, the State CEQA Guidelines, and the City of Bakersfield CEQA Implementation Procedures, have been duly followed by city staff and the Planning Commission. SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield 1. The above recitals and findings incorporated herein by reference are true and correct and constitute the Findings of the City Council in this matter. 2. The report of the Planning Commission, including maps and all reports and papers relevant thereto, transmitted by the Secretary of the Planning Commission to the City Council, is hereby received, accepted and approved. 3. The proposed project is consistent with surrounding uses. 4. Section 17.06.020 (Zoning Map) of the Municipal Code of the City of Bakersfield be and the same is hereby amended by prezoning that certain property to be annexed into the City of Bakersfield, the boundaries of which property is shown on Zoning Maps 101-02, 101-03, 101-04,101-10, and 101-11 marked Exhibit "A" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "B ". 5. Such zone change is hereby made subject to the "Mitigation Monitoring Plan" adopted in the Final Environmental Impact Report as shown in Exhibit "F" and "Mitigation / Conditions of Approval" for the project as shown in Exhibit "C", subject to approval of GPA No. 04-0671. 6. Attached Exhibit "D" containing the "Statement of Facts and Findings" are appropriate and incorporated into the project. 7. Attached Exhibit "E" containing the "Statement of Overriding Considerations" related to significant unavoidable impacts to agricultural resources, noise, and transportation/traffic are appropriate and incorporated into the project. 8. The Development Agreement shown in Exhibit "G" is hereby approved. 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 purposes 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 3 '< ~M£?> o .¿;, >- - ,.... m _ r- V <:> "PIC:1NAL ----_.~-_..,... - -------~~-,_.._.,,"-_. ._,- ---,--~---" absence of evidence in the record and the lead agency's decision to prepare an Environmental Impact Report for this project. 10. The public necessity, general welfare and good planning practices justify the requested zone change, as shown on Exhibit "A." SECTION 2. This ordinance shall be posted in accordance with the Bakersfield Municipal Code and shall become effective not less than thirty (30) days from and after the date of its passage. ---------000--------- I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on -DEC 1 4 2DQ5 by the following vote: :AYEi) COUNCILMEMBER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ~_ENì) COUNCILMEMBER ',,,),, , ., SctI, , ; ,- .... '- '- v COUCH, CARSON, BENHAM, MAGGARO, HANSON, SULLIVAN, SCRIVNER PAMELA A. McCARTHY, CM CITY CLERK and Ex Officio CI k of the Council of the City of Bakersfield APPROVED DEe 1 -1 2005 HARVE . HA L Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney By: /JVuú 7th ~ EXHIBIT A Zoning Maps 10 -02,101-03,101-04,101-10, and 101-11 B Zone Change Legal Descriptions C Mitigation / Conditions of Approval D Statement of Facts and Findings E Statement of Overriding Considerations F Mitigation Monitoring Plan G Development Agreement PH - S:IGPA 2nd 2005104-0671 Rasedale Ranch EIRIResalutianslCC ZC.dac 4 ~þ"kE..s> ~ ~ >- ¡;; ~ b v nR\GINAL Exhibit A Zoning Maps 101-02, 101-03, 101-04, 101-10, and 101-11 x~r.,Kê..s> <:> ~ >- ¡;; I;::. r- Q <:> ORIGINAL ~ N~ O~ ,0: ~ o ~ 9a...", '1:'<(0) ~::!:::: UJ " ~c> ...Z 0- Zg >-0 . ~Nirl u U> if h i ....:= I: ~;'" :... i ~ ~5.... j ............ Æ t ~.. ~ C't, 'j .., 'I '~ · · ~ i · ~ i I I i i jL ~ j; . «'7 çU zç =>- OU u~ ~ ~ ~ ,\ + ~ ¡ ~ :¡¡::: ,¡¡... ..¡¡; ... b~ 9 g i\ ... ! 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H + ZONING MAP 101-11 Exhibit B Zone Change Legal Descriptions '9 Ml:", ð- ~ >- ¡;; ,.... / <:> v"RIGINAL EXHIBIT "A" PREZONING NO. 04-0671 FROM COUNTY A TO M-I A parcel of land in Sections 3 & 4, Township 29 South, Range 26 East, Mount Diablo Base & Meridian, County of Kern, State of California, more particularly described as follows: Commencing at the Northwest comer of said Section 4 of said Township and Range, being a point on the centerline of Seventh Standard Road (County Road # I 5 I); Thence, on the North line of said Section 4 and the centerline of said County Road # I 51, South 89° 13' 17" East, 1321.12 feet to the Northeast comer of the Northwest Y. of the Northwest Y. of said Section 4, being the Northeast corner of Parcel "A", according to the Certificate of Compliance filed as Document #0198064 190 of Official Records in the office of the Recorder for said County; Thence, leaving the centerline of said Seventh Standard Road, on the east line of said Parcel "A", South 00° 48' 03" West, 30.00 feet to the South line of said Seventh Standard Road (County Road # 151) Right-of- Way, being the True Point of Beginning; Thence, leaving said South line of the Seventh Standard Road Right-of-Way and on said East line of the Northwest Y. of the Northwest Y. of said Section 4, South 00° 48' 03" West, 1246.13 feet to the corner common to both Parcel "A" and "B" according to said Certificate of Compliance on the Northeasterly boundary of the Atchison, Topeka and Santa Fe Railway Company (Formerly the San Francisco and San Joaquin Valley Railway Company) Right-of- Way as conveyed by Indenture made the 30th day of June, 1897, filed in Book 73, Page 132 of Deeds in the office ofthe Recorder for said County; Thence, on the Southeasterly boundary of said Atchison, Topeka and Santa Fe Railway Company Right-of- Way, South 44° 17' 22" East, 4,733.68 feet to a point of cusp; Thence, leaving the Northeasterly boundary of said Atchison, Topeka and Santa Fe Railway Company Right-of-Way, Northerly, on a curve concave to the east having a radius of2096.00 feet, ITom a radial line bearing North 65° 59' 25" East, through a central angle of 50° 47' 38", an arc length of 1,858.15 feet; Thence, North 26° 47' 03" East, 574.44 feet; Thence, on a tangent curve to the left with a radius of 4000.00 feet, through a central angle of 19° 56' 31", an arc length of 1 ,392.22 feet to a point of cusp; Thence, North 89° 54' 20" West, 2,672.30 feet; Page I of22 ---_. '--,.-.~--_._-_.,._-,_._-"_.. -_._"--~-_.._._._.----~..".._-----",--- ,<>P-K£", ~ ~ - >- m ':;. [; v ORIGINAL Thence, North 00° 05'40"East, 975.96 feet to said South line of the Seventh Standard Road Right-of-Way at a point that lies 30.00 feet southerly of the North line of said Section 4; Thence, on said South line of the Seventh Standard Road Right-of-Way, North 89° 13' IT' West, 1,320.51 feet to the point of beginning; The land area ofthe herein above described From County A to M-I contains 18\.2 acres (more or less). End Description 4 / I ~"k~ Prepared by: .. I (}:J"-Ü~'-~ - . Daniel S. Hutchinson, PLS 5139 (License renewal by 06/30/07) Date: _B/ /l) los- ( Page 2 of22 ~/l.k,f~ J ~ - >- m ~ r; v ORIGINAL LNOW' COR. SECTION .. SOO'48'OJ"W ' 30.00' ~'3"7·E - --J--=~-?==- 1,321.12' . PARCEL A I , NW 1 /4 OF ','",,- THE NW 1/4~ " ~ "" Of '1-1 n ~ "SEC. 4 ; ~ '~'~~ § ~ ~, " , " \ ~ '~'~ ~, '~ " '~ " ,~ " ".(> >.>,. 1>'~. ., " :or)- ,,' n, , , ~~ ,,~, ~~ '¡" " "f¡ '~~. " '~ " '~ '- - ~ · · ~ ,; ~ " o , · ~ ó 9 ~ ~ < · ~ 800 a , · " · INCH = 800 FEET ~ ~ " · ã ó ~ 6 EXHIBIT B FROM COUNlY A TO M-1 BEING A PARCEL OF LAND IN SECTIONS 3 & 4, TOWNSHIP 29 SOUTH, RANGE 26 EAST, MOUNT DIABLO BASE AND MERIDIAN, COUNTY OF KERN, STATE OF CALIFORNIA. II II P.O.B. II~ I '~ "g lJ~ (CO, ROAD NO, 151) Sf Al'ÐAID ROAD 1320.5" ... ~10 ~:;¡ 8~ z 60' R/W C-2 I ~'!'!~:~~~~\!__~_~J_______l .-....~~Õ'!:~~:'..!~~) _.1 \ N89'54'20·W 2672.30' ¡ . Ii :i; j. ...l ", z z °19 tit :;J :;J R-1/PUD ""'~:".~ ""'~ ~~~~~", 181.2± ACFES Zot£: M-1 '",.,~ "~r... '"....) """'" EASlERl Y BOUNDARY Œ RAILROAD R/W ¡" o. _ 0" ad .þ~r? "'~.... ..0. .'ì'b ...",,,, 1600 , , .' ...~I..~~"'~"" 4'¡:~/" .,ft~ ..~.. ..~;.." --- ~ (NOII((II, ~~"..'III IUIVIV,., 5OII1~"\oÞUE,$tt.I20 -~- ..uzu_ JOB NO.: 031116 DATE: 07,19.05 DRAWN BY: GEM SCALE: !:-:I( SHEET: ~?>ó1 o '" >- ¡;; ~ t; v ORIGINAL EXHIBIT "c" FROM COUNTY A TO C-I A parcel of land in Section 2, Township 29 South, Range 26 East, Mount Diablo Base & Meridian, County of Kern, State of California, more particularly described as follows: Commencing at the Northwest comer of said Section 2 of said Township and Range, being a point on the centerline of Seventh Standard Road (County Road # 151); Thence, on the North line of said Section 2 and the centerline of said Seventh Standard Road, South 89° 13' 43" East, 1,417.91 feet, to the True Point of Beginning; Thence, leaving the centerline of said Seventh Standard Road, South 00° 46' 17" West, 546.65 feet; Thence, South 89° 07' 03" East, 1,235.33 feet to the centerline of said Section 2, being a point on the centerline of Allen Road (County Road #305 & #843); Thence, continue on the centerline of said Section 2, and on said centerline of Allen Road, North 00° 52' 57" East, 549.05 feet to the North Y. comer of said Section 2, being a point on the centerline of said Seventh Standard Road; Thence, continue on the North line of said Section 2 and the centerline of said Seventh Standard Road, North 89° 13' 43" West, 1,236.39 feet to the point of beginning; The land area of the herein above described From County A to C-I contains 16,0 acres (more or less). End Description r\ Prepared by: Dme: ~IIÍ~~Ç- Page 4 of22 ....---_.__._-_..,~._,_.__._-_. .-..--.....----.---.'.- 'òf>..KE..s> ~ ~ >- ¡;; ~ r; v ORIGINAL EXHIBIT D FROM COUNTY A TO C-1 BEING A PARCEL OF LAND IN SECTION 2, TOWNSHIP 29 SOUTH, RANGE 26 EAST, MOUNT DIABLO BASE AND MERIDIAN, COUNTY OF KERN, STATE OF CALIFORNIA. N.W. COR. SECTION 2 /ÍP.O.B. ~ STAtÐARD NORTH 1/4 CORNER ~ - ----" ;1S89.'U'5"~ )LT.4lL91 - · " o $ ~ 2 ~ ,¡, ~ ó ~ o o ;;¡ " o ¡ 5 " · , o ¡ " · o o o ~ , ö ~ 16.Ot ACÆS 110' R/W "- . '" ZONE. C-1 \..;" r.. 8 :¡! . 0 . ~ CD ~ § on R-1 30' - S89'07"03"E R-1 o , ~ ..o'..r.. ~L"....' 'U.'II"O" _'CMSÐINoIIA-'S'IE.':¡O ~CAI»08 "'.Ja.UIO "'-'.--.---.,..-.. _._._..._~_....- I I I I I~ ~~ 300 INCH - 300 FEET 600 , JOB NO.: 0311115 DATE: 07.19.05 DRAI/oN BY: GEt.4 SCALE: 1".300' SHEET: 5 Of 2 ê..s> d- ~ >- ¡;; 'r;: t; V ORIGINÞ.L EXHIBIT "E" FROM COUNTY A TO C-2 Being a parcel of land in Sections 3 & 4, Township 29 South, Range 26 East, Mount Diablo Base & Meridian, County of Kern, State of California, more particularly described as follows: Commencing at the Northwest corner of Section 4 of said Township and Range, being a point on the centerline of Seventh Standard Road (County Road #151); Thence, on and along the North line of said Section 4 and the centerline of said County Road #151, South 89° 13' 17" East, 2,641.63 feet; Thence, leaving the centerline of said Seventh Standard Road, South 00° 05' 40" West, 30.00 feet to the South line of the Seventh Standard Road (County Road #151) Right-of-Way at the northeast corner of "From County A to M·I" (as described herein above in Exhibit "A"), being the True Point of Beginning; Thence, leaving said South line of the Seventh Standard Road Right-of-Way, on the easterly line of "From County A to M-I" (as described herein above in Exhibit "A"), South 00° 05' 40" West, 975.96; Thence, on the northerly line of "From County A to M-I" (as described herein above in Exhibit "A"), South 89° 54' 20" East, 2,672.30 feet to a cusp; Thence, leaving the northerly line of "From County A to M-I" (as described herein above in Exhibit "A"), northerly, on a non-tangent curve that is concave to the west, with a radius of 4,000.00 feet, from a radial bearing North 83° 09' 29" West, through a central angle of 5° 33' 13", an arc length of387.71 feet; Thence, North 01° IT 18" East, 556.08 feet to the South line of said Seventh Standard Road Right-of-Way, Thence, on the South line of said Seventh Standard Road Right-of-Way, North 89° 10' 19" West, 70.25 feet, to a point that is adjacent to and offset 30.00 feet southerly from the Northwest corner of said Section 4; Thence, continue on said South line of the Seventh Standard Road Right-of-Way, North 89" 12' 03" West, 2640.10 feet to an angle point in said Seventh Standard Road Right-of-Way, being adjacent to and offset 30.00 feet Southerly from the North Y. corner of said Section 4; Thence, North 89° 13' 17" West, 0.57 feet to the point of beginning; The land area of the herein above described From County A to C-2 contains 61.2 acres (more or less). I End Description Prepared bY:~ 1 j ~~ Daniel S. Hutchinson, PLS 5139 (License renewal by 06/30/07) Date: CO (I ~/ a:- Page 6 of 22 ~Mê..s> ð- ~ >- ¡;; \:;- :; v ()RIGINAL EXHIBIT F FROM COUNTY A TO C-2 BEING A PARCEL OF LAND IN SECTIONS 3 & 4, TOWNSHIP 29 SOUTH, RANGE 26 EAST, MOUNT DIABLO BASE AND MERIDIAN, COUNTY OF KERN, STATE OF CALIFORNIA. II " N. W. COR. SECTION 4 ~: 2,641.63' P.O.B, 58913'17"[ l~ STAIÐAIÐ!IOAD (CO. !lOAD NO. 150 or-- 2,6.fO.10· --- 2872.30' NBS'O'1S"W 70.25· eo' R/W 500"05' 4O"W 30.00' N89'J',T'W 0.57' 61.2:1: ACfE8 ZONE: C-2 M-1 I. .- M-1 IR-1/PUD I I - > · 8 0 · 0 ¡J , · 0 ~ " " · i · ð i > , a 0 , , ,¡ · " 0 ~ , 0 "I", ZIZ o 0 ¡::; ¡::; U U lei lei (j) (j) 600 '200 , INCH ~ 600 FEET ~ IN.,_EIN. '~A..I.I IU.Y.YO.. _e.<ouFÐMI#IA-'Sn.'1O ........ ~ "'" H'~ JOB NO.: DATE: DRAWN BY: SCALE: SHEET; 031116 07.19.05 GE" 1-.600' 7 OF 22 c} ..s>~ >- ¡;; ,.... >:;;, <:> v ORIGINAL "-----.-- ....-.-.---.----.- EXHIBIT "G" FROM COUNTY A TO R-I A parcel of land in Sections 2 and 3, Township 29 South, Range 26 East, Mount Diablo Base & Meridian, County of Kern, State of California, more particularly described as follows: Commencing at the Northwest corner of said Section 3, being a point on the centerline of Seventh Standard Road (County Road #151); Thence, on the northerly line of said Section 3 and the centerline of said County Road # 151, South 89° 10' 19" East, 2626.36 feet to the Southeast corner of Section 33, Township 28 South, Range 26 East, Mount Diablo Base & Meridian, said County of Kern, being the True Point of Beginning; Thence, leaving the centerline of said Seventh Standard Road, South 00° 49' 41" West, 30.00 feet to the South line ofthe Seventh Standard Road (County Road #151) Right-of-Way; Thence, leaving said South line of the Seventh Standard Road Right-of-Way and on the centerline of said Section 3, South 00° 49' 41" West, 1036.06 feet to a point of cusp; Thence, Easterly, on a curve concave to the southwest with a radius of 1,072.00 feet trom a radial bearing North 04° 12' 08" West, through a central angle of 59° 32' 37", an arc length of 1,114.05 feet, to a point of cusp; Thence, Southerly, on a curve concave to the east with a radius of 821.00 feet trom a radial bearing North 46° 52' 57" West, through a central angle of 64° 12' 40", an arc length of 920.09 feet; Thence, on a reverse tangent curve to the right with a radius of2,000.00 feet, through a central angle of 09° 42' 46", an arc length of339.04 feet to a point of cusp that lies South 51° 53' 04" East, 4,447.33 feet trom the Northwest corner of said Section 3; Thence, North 89° 59' 10" East, I ,292.18 feet; Thence, South 48° 22' 59" East, 696.37 feet, to a point of cusp; Thence, on a curve concave to the southeast having a radius of 1,020.00 feet from a radial bearing North 57° 49' 46" West, through a central angle of 64° 06' 54", an arc length of 1,141.40 feet; Thence, South 89° 07' 03" East, 467.10 feet, to a point of cusp; Thence, Northeasterly, on a curve concave to the east with a radius of 4,903.84 feet from a radial bearing South 88° 19' 06" West, through a central angle of 12° 34' 45", an arc length of 1,076.63 feet; Page 8 of22 <o1'K£..s> d- ~ >- ¡;; r- >;:: <:> v ()R\GINAL Thence, on a reverse tangent curve with a radius of 1072.00 feet, through a central angle of 64° 15' 29", an arc length of 1,202.26 feet to a cusp; Thence, South 51° 12' 28" East, 343.96 feet; Thence, on a tangent curve to the left with a radius of 1,375.00 feet, through a central angle of 38° 02' 43", an arc length of913.02 feet; Thence, South 89° 15' 10" East, 191.31 feet to the East boundary of Lot 5 of that Sales Map of the Lands of the Kern County Land Company according to the map recorded January 19, 1891, as filed in the office ofthe Recorder for said County; Thence, on the East boundary of Lot 5, North 00° 44' 50" West, 13.17 feet; Thence, on the South line of said Section 2, North 89° 14' 16" West, 1.65 feetto the Y. comer between said Sections 2 and 11; Thence, on the centerline of said Section 2, North 00· 52' 57" East, 4,740.95 feet to the Southeast comer of "From County A to C-1" (as described herein above in Exhibit "C"); Thence, leaving the centerline of said Section 2, on the South line of "From County A to C-I" (as described herein above in Exhibit "C"), North 89° 07' 03" West, 1,235.33 feet to the Southwest corner thereof; Thence, on the West line of "From County A to C-1" (as described herein above in Exhibit "C"), North 00° 46' 17" East, 546.65 feet, to the Northwest comer thereof and the northerly line of said Section 2; Thence, on the Northerly line of said Section 2 and the centerline of said Seventh Standard Road, North 89° 13' 43" West, 1,417,91 feet, to the Northeast comer of said Section 3; Thence, on the Northerly line of said Section 3 and the centerline of said Seventh Standard Road, North 89° 10' 19" West, 2,655.43 feet, to the Northwest corner of said Section 3, and the point of beginning; The land area of the herein above described From County A to R-l contains 352.2 acres (more or less). \ End Description , Prepared by: Date: D iel S. Hutchinson, PL 139 (License rene7l by 06/30/07) ~/ i 9/ aC;- Page 9 of22 ~{>'Kê~ ð- ~ >- ¡;; ,.... r- () <:> ()RIGINAL EXHIBIT H FROM COUNTY A TO R-1 BEING A PARCEL OF LAND IN SECTIONS 2 & 3, TOWNSHIP 29 SOUTH, RANGE 26 EAST, MOUNT DIABLO BASE AND MERIDIAN, COUNTY OF KERN, STATE OF CALIFORNIA. R-l/PUD '" STNÐAII) ACW) ~.="WNO. eo 2.655.43' II~ "~ "Ii _~l!. ~8913'<3>W _ L _ 1,417.91' T ;;¡ C-l J II ['.'',/ COR.II~ SECT.3 I / II S8g· '19"( 2~26.36' , ~ \ " \ ,:g \ :ot"~ \ 2 \ \ \ \ ,. ~ ~ ~ N.W. C[]R. SECTION 2 ò '" N89"07'03"W 1235.33 352.2i ACRES ZQI\E, A-1 II I I ~IN 515 tit "' "' <J) <J) II II tP \,J,," fi:J \!",~,: ~"4>T ~. ~~.., 'ff,,. '~> ,10 seIM"OI-W (!tAD) ------------------------ R-l/PUD if 131 .! hi ,.. 'f ...:11) tj1ô ~~8...¡ ~v.~ 1JI·~ta . . ..." "0> ~ 8~ z LMR in ~ H "15 ~ I h N89"14'11J~W UI5' SOOTH UNE ¡... OF SECTION 2 ai d~ '.'.31' IBI5 .ø:~~'\'~ - ~ , " ~ ;; " ~ , · ~ 0 0 g ~ 0 , ~ ~ a · , "¡: 0 t ,¡ · a ~ , 6 R-1/PUD ~8" ~~?: c..,oin --,.. . . .. ~"'" S8llï5'10~ S:51-12'28'£ 343.96' 1/4 CORNER BOO 1600 DETAIL "A" C-2/PCD L-91.30 i ' R-1375.00 SS9',S"O' ï ) 38112'",,> 197'.31'. o' II SEE DETAIL 'A' I I ~ 1"""11"1 ..~..."III.' IUIYf,O.. ~~~-":,SIt:.'20 ..........~- ....,..- JOB NO.: DATE: DRA'tW<t BY: SCALE; SHEET, 031116 07.19.05 GEM IØ_800' 10 Of 22 KE.s> 6- ~ >- ¡;; r >:::- D v (\p.\GINP<L EXHIBIT "I" FROM COUNTY A TO R-2/PUD A parcel of land in Section 10, Township 29 South, Range 26 East, Mount Diablo Base & Meridian, County of Kern, State of California, more particularly described as follows: Commencing at the Northwest corner of said Section 4 of said Township and Range, being a point on the centerline of Seventh Standard Road (County Road # 15 I); Thence, on the North line of said Section 4 and the centerline of said County Road # I 5 I, South 89° 13' IT' East, 1321.12 feet to the Northeast corner of the Northwest Y. of the Northwest Y. of said Section 4, being the Northeast corner of Parcel "A", according to the Certificate of Compliance filed as Document #0198064190 of Official Records in the office ofthe Recorder for said County; Thence, leaving the centerline of said Seventh Standard Road, on the east line of said Parcel "A", South 00° 48' 03" West, 30.00 feet to the South line of said Seventh Standard Road (County Road #151) Right-of-Way; Thence, leaving said South line of the Seventh Standard Road Right-of-Way and on said East line of the Northwest 'I. of the Northwest Y. of said Section 4, South 00° 48' 03" West, 1246.13 feet to the corner common to both Parcel "A" and "B" according to said Certificate of Compliance on the Northeasterly boundary of the Atchison, Topeka and Santa Fe Railway Company (Fonnerly the San Francisco and San Joaquin Valley Railway Company) Right-of- Way as conveyed by Indenture made the 30'" day of June, 1897, filed in Book 73, Page 132 of Deeds in the office of the Recorder for said County; Thence, on the Northeasterly boundary of said Atchison, Topeka and Santa Fe Railway Company Right-of-Way, South 44° 17' 22" East, 8,585.22 feet and being the True Point of Beginning; Thence, continue on the Southeasterly boundary of said Atchison, Topeka and Santa Fe Railway Company Right-of-Way, South 44° 17' 22" East, 811.12 feet to a point of intersection with the centerline of County Road #67 as declared a public Highway on December 7"', 1887 and being a point on the centerline of said Section 10; Thence, on and along the centerline said Section 10 and the centerline of said County Road #67 and, South 89° 14' 47" East, 1,266.55 feet, Thence, leaving the centerline of said Section 10 and the centerline of said County Road #67, North 00° 45' 13" East, 384.02 feet; Thence, on a tangent curve to the right with a radius of 1,261,00 feet, through a central angle of 28° 57' 56", an arc length of647.60 feet; Page 11 of22 'QMê1 ~ ~ - >- rn _ r- - C:J 'J "Q\r,INÞ,L Thence, North 29° 43' 09" East, 140.62 feet to a cusp at the Southerly line of "From County A to R- I/PUD" (as described herein above in Exhibit "M"); Thence, on the Southerly line of "From County A to R-I/PUD" (as described herein above in Exhibit "M"), Northwesterly, being on a curve concave to the Northeast with a radius of920.00 feet, fTom a radial bearing South 29° 43' 09" West, through a central angle of 41 ° 24' 24", an arc length of 664.87 feet; Thence, continue on the Southerly line of "From County A to R- I/PUD" (as described herein above in Exhibit "M") on a reverse curve to the left with a radius of3,053.00 feet, through a central angle 13° 27' 03", an arc length of716.73 feet to a point of cusp; Thence, South 57° 40' 30" West, 293.62 feet; Thence, on a tangent curve to the right with a radius of 800.00 feet, through a central angle of 41° 44' 31", an arc length of582.83 feetto a cusp; Thence, South 00° 34' 25" West, 481.59 feet; Thence, on a tangent curve to the right with a radius of 957 .00 feet, through a central angle of 45° 08' 14", an arc length of753.92 feet; Thence, South 45° 42' 38" West, 352.41 feet to the point of beginning; The land area of the herein above described From County A to R-2/PUD contains 68.6 acres (more or less). End Description ~~ Prepared by: ~ iel S. Hut hinson, PLS 5139 (License renewal by 06/30/07) Date: fò / I ~ IDs,- I f Page 12 of22 ~Þ.Kê..s> ~ ~ >- ñí r- ç t:r V ()I'\IG\NAL EXHIBIT J FROM COUNTY A TO R-2!PUD BEING A PARCEL OF LAND IN SECTION 10, TOWNSHIP 29 SOUTH, RANGE 26 EAST, MOUNT DIABLO BASE AND MERIDIAN, COUNTY OF KERN, STATE OF CALIFORNIA. \~ a! '~ R- /PUD ..'" ~: \~ ~~/ (It!'~ .tJ$'J!../' ~~ '\ ~.. ~/" \ .~ : . \ j'.p L_5ß,2,ß3 \ 4' EI'Ì : R-aoo·~ \ ~~. : 4,".4'31 "J,: r: ...~... ~'b~ -4.(jI'-1, '&.~"" ~~ . '"'1. , ,X '~ ~~ , ~~~)~". , ::--" cf.:...... ~ 'P~ "1 , ~, oS> ~' ).( [I.) /~:~ , , , "b ". " .~ "b~""b 16'<'~ .~ ~ ,~,~ ,,". , N. W. CORN£R SEC110N 4- ~'3'17'E _I (8E1IENrH 8TD. fl:)J Ä -¡>-~=-= 1,321.12' I ~ I '" SOO'<48·03·W ~ I. ~ 30.00' ~ I :1 PIa) ~I;t ~~ / 'Í I I I I I I I '" ':nÒl N" ..; ,.,~ ¡¡¡ R-1/PUD -~~~~'g_<..~--- ,~~. , '.> "'~ "',~... '\~ EAS1ÐI. Y BOUIÐARY Œ RAI.ROAD R/W ~----- ~,ø- 9/ :¡1""'·... ~/ R-1/PUDt/ .', $' , , , , , 68.~ ACÆS ZON:' R-2/PID > " ~ · · o - ~ .b · " o ~ ~ o i · ~ " > 600 o , '200 , ~ INCH - 600 FEET , " ~ " o , o ~ t R-2/PUD 589,,,,'47-E 1266.55' CCO. ROAD NO. 67) ~ INI'N((.' ~ lAM. i . I . u. ~ ...0.. !IOO1~"'-'5ff.læ 'MŒII!fUD.CA~ ~~. ö JOe NO_: OAT[: DRAVIN BY: SCAlE: SHEET: 031116 07.111.05 CE. '-..600' 13 OF 22 x ~ ê/y' o ~ >- ¡;; ~ t; V ORIGINAL EXHIBIT "K" FROM COUNTY A TO C-I Being a parcel of land in Section 3, Township 29 South, Range 26 East, Mount Diablo Base & Meridian, County of Kern, State of California, more particularly described as follows: Beginning at a point that lies South 51° 53' 04" East, 4,447.33 feet ftom the Northwest comer of said Section 3, a common comer to "From County A to R-I & R-lIPUD" (as described herein above in Exhibits "G" and "0"); Thence, Southerly on a non tangent curve concave to the west with a radius of 2,000.00 feet from a radial bearing North 78° 37' 08" East, through a central angle of 9° 14' 28", an arc length of 322.58 feet to a point of cusp; Thence, South 89° 59' 10" West, 498.84 feet; Thence, North 00° 00' 50" West, 319.99 feet; Thence, North 89° 59' 10" East, 460.99 feet to the point of beginning. The land area of the herein above described From County A to C-I contains 3.4 acres (more or less). End Description Date: B //'] / a;:- f I \\ ~ Prepared by:' )r~··· -riel S, Hutc inson, PLS 5139 (License renewal by 06/30/07) Page 14 of22 ~¡>.K£..s> ~ ~ >- ¡;; ~ :; v ORIGIN"L o => "- " ~ 1 "'0 "tn 0::: b ~ p o ;;¡ o z - ~ " · ~ ~ g g J, ~ ~ " " , .:: · " · ~ , J · " o ~ , " EXHIBIT L FROM COUNTY A TO C-1 BEiNG A PARCEL OF LAND IN SECTION 4, TOWNSHIP 29 SOUTH, RANGE 26 EAST, MOUNT DIABLD BASE AND MERIDIAN, COUNTY OF KERN, STATE OF CALIFORNIA. N.W. COR.~... SECD ~ R-1/PUD ~.!'$I. $.t- 0". f' ~,.,,> ..t.t_ ~ N89·59"0"E 460.99' --- --- --- --- --- '08'EØ) --- ~16·!!-- - --- cD :::c 'ñ ...1U", "''''", to5°N .8", oat o 3,4 ACRES ZONE. C-1 NB7~~E (RAD) - 589·59',0"W -MIS.8+'- R-J/PUD o , R- P.O.B. R-1/PUD 100 200 , INCH = '00 FEET ~~1 r."" II ~. 'LA"'H.' tu.".yO". 5ØO'I ç,t,Uf_ A-.E. !'Æ. ,:¡a INCÐISfIfUI. CA 9JJœ ~~~ JOe NO.: 031116 DATE: 07,19.05 DRAM¡ BY: Go.. SCALE: '·"'100' SHEET: 15 Of 2 Í¡'!Y. ð- ~ >- ñí ~ r; V ()RIGINAL EXHIBIT "M" FROM COUNTY A TO C-2/PCD A parcel of land in Sections 10 and II, Township 29 South, Range 26 East, Mount Diablo Base & Meridian, County of Kern, State of California, more particularly described as follows: Commencing at the Y. comer between Sections II and 12 of said Township and Range, being a point on the centerline of County Road #67 as declared a public Highway on December 7th, 1887; Thence, on and along the centerline of said Section II and the centerline of said County Road #67, North 89° 15' II" West, 2642.01 feet to a point on the West line of Lots 13 and 20 ofthat Sales Map ofthe Lands of the Kern County Land Company according to the map record January 19, 1891, as filed in the office ofthe Recorder for said County, and being the True Point of Beginning; Thence, on the centerline of said Section II, North 00° 44' 50" East, 1,322.38 feet, to the northeast comer of Sales Lot 12 of that Sales Map of the Lands of the Kern County Land Company according to the map recorded January 19, 1891, as filed in the office of the recorder for said County; Thence, on the East boundary of Lot 5 of said Sales Map, North 00° 44' 50" East, 1309.15 feetto a cusp at the Southeast comer of "From County A to R-I" (as described herein above in Exhibit ~'G"); Thence, leaving the East boundary of Lot 5 of said Sales Map, on said Southerly line of "From County A to R-I" (as described herein above in Exhibit "G"), North 89" 15' 10" West, 191.31 feet; Thence, continue on said boundary "From County A to R-I" (as described herein above in Exhibit "G") on a tangent curve to the right with a radius of 1375.00 feet, through a central angle of38° 02' 43", an arc length of913.02 feet; Thence, North 51° 12' 28" West, 343.96 feet, to a point of cusp, at a common comer with "From County A to R-I/PUD" (as described herein above in Exhibit "0"); Thence, Southerly on a curve concave to the northwest on the Southerly boundary of "From County A to R-I/PUD" (as described herein above in Exhibit "0") with a radius of 1072.00 feet ITOm a radial bearing North 40° 00' 10" West, through a central angle of 01° 41' 54", an arc length 001. 78 feet; Thence, continue on said boundary "From County A to R-I/PUD" (as described herein above in Exhibit "0") on a tangent reverse curve to the left with a radius of 531.21 feet, through a central angle of 79° 59' 59", an arc length of 74 1.70 feet; Page 160f22 'QMê1 ¿- ~ ~ ¡;; - r- -) t:> 0RIGINAL Thence, on a tangent reverse curve to the right with a radius of 854.00 feet, through a central angle of 86052' 06", an arc length of 1,294.78 feet; Thence, on a compound curve with a radius of2, 135.00 feet, through a central angle of 55039' 38", an arc length of2,074.07 feet to a cusp, at radial bearing South 290 43' 09" West, being a common corner with "From County A to R-2/PUD" (as described herein above in Exhibit "I"); Thence, continue on the said boundary "From County A to R-2/PUD" (as described herein above in Exhibit "I"), South 29043' 09" West, 140.62 feet; Thence, on a tangent curve to the left with a radius of 1261.00 feet, through a central angle o£18° 57' 56", an arc length of647.60 feet; Thence, continue on the said boundary "From County A to R-2/PUD" (as described herein above in Exhibit "I"), South 000 45' 13" West, 384.02 feet, to a point ofintersection with the centerline of County Road #67 as declared a public Highway on December 71ß, 1887 and being a point on the centerline of said Section 10; Thence, on and along the centerline said Section 10 and the centerline of said County Road #67, South 890 14' 47" East, 1,326.22 feet to the Y. comer common with said Sections 10 and 11; Thence, continue on and along the centerline of said County Road #67 into said Section II, South 890 15' II" East, 2646.42 feet to an intersection with a point on said West line of Lots 13 and 20 of said Sales Map of the Lands of the Kern County Land Company to the point of beginning. The land area of the herein above described From County A to C-2/PCD contains 156.0 acres (more or less). End Description \ f\ Prepared by: Daniel S. Hu c nson, PI: 5139 (License renewal by 06/30/07) Date: ~II' /6.\ I ( Page 17 of22 ~Þ-Kê& ~ ~ >- ¡;; ':;. r; v ORIGINAL ----~~:~:~-~-----~---~. o , 1/ ~:./ ~--:I / , , = ~ ~ ~ <ì 0 l' ~ ., in ~ ,. 8 ~ '" 0 0 g ~ ! · · " · 11 0 , ~ · ã ~ , " ""~ "~". o ""-9- 001 ""~1Þ ~....::g ....,,~ :~;.., ''''',...., .,10 " -llk're '" o .. .. ., ~9''''''7·E 1326.22 I 0\ ~"" !~..¡¡ ;,.' I ,¡¡.'" O~):O (,0 $'Q, vf ~' ~. CORNER ~~"".¡,."'<¡'~_ (p~ 5 i ~OT 12 ____. I EXHIBIT N FROM COUNTY A TO C-2/PCD BEING A PARCEL OF LAND IN SECTIONS 10 & 1" TOWNSHIP 29 SOUTH, RANGE 26 EAST, MOUNT DIABLO BASE AND MERIDIAN, COUNTY OF KERN, STATE OF CALIFORNIA. 600 1200 INCH = 600 FEET R-JjPUD , , \~~ ". \?'iI' \~ , \ ~8· :"':.~ "'III'" ì,Ji? ~"'18 L-2074.07' R-2135.oo I 55'39'38H ~II ~ o 0 ~ ~ LJILJ lLl I lI__1 (j) U1 156.0± ACRES ZONE: C-2/PCD ~ ~¡ 589'5'11H£ 2646.42' (co. ROAD NO. 67) ~ (NDINrlftl I'LIoINrl1 IUlVIVOlr 500' ~ A-.£. I'll:. ''10 -~- ..'_»aløo _-....._......_._.... _~ __,_._.____...__ ···'r___·_"_·__"'-o ..__..____,.._.._"._.. _.._.__.._._.,....__...____,__._ a, e' R- 3: ~¡ ...: ., !: N891ShoHw 191.31' 5 II II ~llin :IIOi . g ~II": " 4 12 1/13 Iwl I ~I t~ ~ ¡j 8 ::¡ z N8915'11·W 2642.01' P.O.B. 21 JOB NO.: OATE:: ORA'MoI BY: SC.t.L£: SHEET: OJ1116 01.19.05 CE" 1'-&00' '8 OF 22 '<. ~ ê", o ~ >- ¡;; ~ :; v (,¡RIG\NAL EXHIBIT "0" FROM COUNTY A TO R-IIPUD A parcel ofland in Sections 2,3,4, 10, and II, Township 29 South, Range 26 East, Mount Diablo Base & Meridian, County of Kern, State of California, more particularly described as follows: Commencing at the Northwest comer of said Section 3, being a point on the centerline of Seventh Standard Road (County Road #151); Thence, on the northerly line of said Section 3 and the centerline of said County Road # 151, South 89° 10' 19" East, 70.25 feet; Thence, leaving the northerly line of said Section 3 and the centerline of said County Road # 151, South 00° 48' 00" West, 30.00 feet to the South line of the Seventh Standard Road Right-of- Way, and the Northeast corner of "From County A to C-2" (as described herein above in Exhibit "E"), being the True Point of Beginning; Thence, on the Easterly line of "From County A to C-2" (as described herein above in Exhibit "E"), South 01° IT 18" West, 556.08 feet; Thence, on the Easterly line of said "From County A to C-2" (as described herein above in Exhibit "E") and the Easterly line of "From County A to M-I" (as described herein above in Exhibit "A") on a curve concave to the west with a radius of 4,000.00 feet from a radial bearing North 88° 42' 42" West, through a central angle of 25° 29' 44", an arc length of 1,779.93 feet; Thence, continue on the Easterly line of said "From County A to M-I" (as described herein above in Exhibit "A"), South 26° 47' 03" West, 574.44 feet; Thence, on a tangent curve to the left with a radius of2,096.00 feet, through a central angle of 50° 47' 38", an arc length of 1,858.15 feet, to a point cusp on the Northeasterly boundary of the Atchison, Topeka and Santa Fe Railway Company (Formerly the San Francisco and San Joaquin Valley Railway Company) Right-of-Way as conveyed by Indenture made the 30th day of June, 1897, filed in Book 73, Page 132 of Deeds in the office of the Recorder for said County; Thence, on the Northeasterly boundary of said Atchison, Topeka and Santa Fe Railway Company Right-of-Way, South 44° IT 22" East, 3,851.54 feet to the Northwesterly line of "From County A to R-2IPUD" (as described herein above in Exhibit "I"); Thence, North 45° 42' 38" East, 352.41 feet, on the boundary of said "From County A to R- 2IPUD" (as described herein above in Exhibit "I") leaving the Northeasterly boundary of said Atchison, Topeka and Santa Fe Railway Company Right-of-Way; Page 19 of22 ~M("", ð ~ >- ¡;; t; E; v/'\olr..\NÞ.L Thence, continue on the said boundary "From County A to R-2IPUD" (as described herein above in Exhibit "I"), on a tangent curve to the left with a radius of957.00 feet nom a radial bearing South 44° 17' 22" East, through a central angle of 45° 08' 14", an arc length of753.92 feet; Thence, North 00° 34'25" East, 481.59 feet to a point of cusp; Thence, Northeasterly, on a curve concave to the north with a radius of 800.00 feet nom a radial bearing South 09° 25' 02" West, through a central angle of 41° 44' 31", an arc length of582.83 feet; Thence, North 57° 40'30" East, 293,62 feet to a point of cusp; Thence, Southerly, on a curve concave to the West with a radius of3,053.00 feet nom a radial bearing North 57° 40' 30" East, through a central angle of 13° 27' 03", an arc length of716.73 feet; Thence, on a tangent reverse curve to the left with a radius of920.00 feet, through a central angle of 41 ° 24' 24", an arc length of 664.87 feet to a point in common with "From County A to R- 2IPUD & C-2IPCD" (as described herein above in Exhibit "I" and "M"); Thence, on the said boundary "From County A to C-2" (as described herein above in Exhibit "M") on a compound curve concave to the left with a radius of2,135.00 feet nom a radial bearing South 29° 43' 08" West, through a central angle of 55° 39' 38", an arc length of2,074.07 feet; Thence, continue on the said boundary "From County A to C-2" (as described herein above in Exhibit "M") on a compound curve concave to the left with a radius of 854.00 feet ITom a radial bearing South 31° 24' 01" East, through a central angle of 86° 52' 06", an arc length ofl,294.78 feet; Thence, on a tangent reverse curve to the right with a radius of 531.2] feet, through a central angle of79° 59' 59", an arc length of 741.70 feet; Thence, continue on the said boundary "From County A to C-2" (as described herein above in Exhibit "M") and on the boundary of "From County A to R-]" (as described herein above in Exhibit "G"), on a tangent reverse curve to the left with a radius of I ,072.00 feet, through a central angle of 65° 59' 30", an arc length of 1,234.70 feet; Thence, continue on the said "From County A to R-I" (as described herein above in Exhibit "G") on a tangent reverse curve to the right with a radius of 4,903.84 feet, through a central angle of 12° 34' 45", an arc length of ],076.63 feet to a point of cusp; Thence, South 89° 07'03" East, 467.] 0 feet; Page 20 of22 'OM!:", J ~ >- ¡;; I;::. r- v ~ ()RI(:;INAL Thence, on a tangent curve to the left with a radius of 1,020.00 feet, through a central angle of 64° 06' 54", an arc length of 1,141.40 feet to a point of cusp; Thence, North 48° 22'59" West, 696.37 feet; Thence, South 89° 59' 10" West, I ,292.18 feet to a point of cusp at the Northeast corner of "From County A to C-I" (as described herein above in Exhibit "K"); Thence, continue on the said boundary "From County A to R-I" (as described herein above in Exhibit "G"), Northerly, on a curve concave to the west with a radius of2,000.00 feet trom a radial bearing North 78° 37' 08" East, through a central angle of 09° 42' 46", an arc length of 339.04 feet; Thence, on a tangent reverse curve to the right with a radius of 821.00 feet, through a central angle of 64° 12' 40", an arc length of920.09 feet to a point of cusp; Thence, Northwesterly, on a curve concave to the Southwest with a radius of 1,072.00 feet trom a radial bearing North 55° 20' 29" East, through a central angle of 59° 32' 37", an arc length of 1,114.05 feet to a point of cusp; Thence, on the East line of "From County A to R-I" (as described herein above in Exhibit "G''), North 00° 49'41" East, 1,036.06 feet, to the South line of said Seventh Standard Road Right-of- Way, 30.00 feet south of the North line of said Section 3; Thence, on the South line of Seventh Standard Road, North 89° 10' 19" West, 2,556.10 feet, and the point of beginning; The land area of the herein above described From County A to R-I/PUD contains 811.4 acres (more or less). End Description r· ~ Prepared by: D lei S. HutchInson, PLS 5139 (License renewal by 06/30/07) Date: 5 / J 7 /o,r:¡- ( { Page 21 of22 x <ç¡A/(êt9 () ~ >- m I;::. r- V <:> ORIGINAL - > · " · , · 0 0 ~ · · 0 0 g , , , , " ~ , > ;1 0 1200 2400 , , Ji · ~ ~ , 0 ~8. li':g: ":¡: , t. FJ I""~:Q I , I , , fD·~· I ~~l'''''' ""'<. , , I S89iO'19-E 70.25' N. W. COR. SECT. ~ P.O.B. C-2 I "",",..:n", , SECTION 4 M-1 inS. ~ .., !!i:!:!" ;¡So.... .....('01,- .!r&æ; , , L..'\. /~;-. /1 3 EXHIBIT P FROM COUN1Y A TO R-1/PUD BEING A PARCEL OF LAND IN SECTION 2, 3, 4, 10 & " TOWNSHIP 29 SOUTH, RANGE 26 EAST, MOUNT DIABLO BASE AND MERIDIAN, COUNTY OF KERN, STATE OF CALIFORNIA. Soo·48'oo·W I In 3O.QO· ~ 7th STAN)ARD lROAD : ~ . _ N8~'~"9'W . _ --.J ~ . 2556.10 CCO. ROAD NO. 150 II~ ,,~ '1 _-.Jl!.__ o . ~ I" 8 :¡: SO'i7'1S·W '" ¡" i!! 558.08' b ~ q ~ z C-1 ~ ;9:"'1 $9~'O;"'0s' ~)/' .<"- .... / »"fI ~/ ~:!7 / \~ .~ \~ ~ i" R-1 SECTION 2 "''I ~I~ -"'"", t.)~~o ;.g~ .--" . ~) .........-- ·.....~-/':..1 -...... :~:~~.".~. C-1 SECTION 3 L-339.04' R-2.ooo.oo 09°42'46- S89"O]'03ltE 467.10' ......'OI"t ..._(·~L. .,.,~. G.1..;~ "go b...~ ~~~ 129 .1 en.u ACFES ZON:: R-1/PlD N57'o4O'~"E 293.62 ------ c- 2!PCO SECTION 10 SECTION 11 CCO. ROAD NO. 67) ~ tNGINeeRS ~~"....' SUI..,,,,,., !.DO't"'-FtIIINA"'~II('20 _iIFInD,CAI;uœ ",.ne.._ JOB NO.: DATE: ORA""" BY; SCAl[, SHEET; 031116 07.19.05 "'" 1"-1500' 22 OF 22 'ò K£-s> cŠ ~ >- ¡;; I;::. r- Ù <:> ClPIGINAL avß~ "n"" ¡ " " ~ ¡ OfÇ<;tGTl"I ~ ! . ! \MItiIj]) lJl U'l'0II~-"- " - 0 . . ©ig; gø a '-' ü. M)¡l.q 'c./ N<e uO> ~, '"' . 0 fY'",o ~Jr: :'ÕN c'<l' ~ <'>..- i . 01 I gg E)~g ~ '"' ". . ~ eag~ ~ 1:'2.., . O_~1I -- -~... o . ®;~ o ~ i I ¡ ~.;.wourz (¡_WI." ¡ ¡ ! ¡ ! ¡ -g c c ë ë1§ ~c: :::;:;Q.):::::,wü Q..<D ,£2~E~Ew ::::E C c: ~c 9-E:ffio~ §-OJ ~~~:Qã)5~iü~'§ 'û)(/ Q)~ð;üEE(þÜQ) 2&Oa::O"CEECra.c u.. ...... -oo0(ê"-E ?;>.èï=.~'ë °Uüë::s ê ~ or;¡ 000 => ~ => of: ëõ m 05 ro Z c. c: "C Q) "C ..8 c: C :: ::! ã) '" OQ) Q) 0 ~ .£:. 0 oQ ;= .:ë e o c..c.C:O)'Õ'>Q)co", 3: ;: æ .!2J.iQ ëi) & & 8 :.J a. °3ã::r:a.z -' 0 o 0 Ü "0 i ::3 ~ c.. c: \ Cl. 9:: Ñ Q)'I -.~ N "";"t:y, 0)~"7' . üüü (1,) ! œ: cr a::: -.J ~ ::!; 1oO"lIHoO ....m . C N._ .. C ... 0 ::IN .S!' "g u.. .. !II o a. e a.. ~ :i '" ~ ~ ~ VJ J¿ o ...... C/') o(j CI) ~ .Q, ~I ~~Ke'..s> <t. ~ o .- >- rn r- -; ,Ç:¡ ·J"olr.\~(M Exhibit C Mitigation I Conditions of Approval ~Mê-9 d ~ >- m >;;, r- V IìRIGINAE' EXHIBIT C MITIGATION / CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT / ZONE CHANGE 04-0671 MITIGATION MEASURES: Aesthetics 1. During the installation of high-wattage pole-mounted sports park lighting, luminaries shall be provided with filtering louvers and hoods to minimize spill light to adjacent properties. Prior to operation of the sports park lighting, all pole- mounted lights shall be aimed away from adjacent properties, including potential future residences, and shall include glare shields and hoods. Following the installation of the lighting, light levels shall be measured with a light meter by a licensed electrical engineer to determine whether spill light exceeds 0.50-foot candles at the property lines. In the event that spill light exceeds this threshold, corrective measures shall be implemented, e.g., adjustment of and re-aiming the lights, installation of additional hoods and/or louvers. Aariculture 2. Prior to occupancy of any residential units, if any adjoining properties are still in agricultural use and have not received entitlements for development, then, prior to issuance of certificates of use and occupancy, the applicant will demonstrate that future residents will be informed about adjacent agricultural use. This demonstration may take the form of a covenant filed on the Rosedale Ranch (which would be disclosed to future residents through the purchase process), or through disclosure forms to be signed by new residents. The covenant or disclosure form will provide that each resident acknowledges that he/she is moving into an area where there is active agriculture, and understands that such agricultural use, including all activities necessary to support agriculture, including but not limited to pesticide use, dust generated by plowing, and slow-moving agricultural vehicles, will continue. Air Quality 3. The project applicant shall comply with SJVUAPCD Regulation VIII and implement additional construction vehicle emissions reduction measures. To control the generation of construction-related PM10 fugitive dust and exhaust emissions, the project applicant shall comply with SJVUAPCD Regulation VIII and the measures summarized below. It should be noted that amendments to Regulation VIII were adopted that became affective on October 1, 2004. The '9{>"K~", ~ ~ >- ¡;; . ,... - <:> 'J r,PH':\NÞ-L Exhibit C Mitigation 1 Conditions of Approval GPAlZC 04-0671 SJVAPCD should be contacted to determine how this rule may affect this proposed project. SJVUAPCD Regu/ation VIII Control Measures for Construction Emissions of PM- 10: · All disturbed areas, including storage piles, which are not being actively utilized for construction purposes, shall be effectively stabilized of dust emissions using water, chemical stabilizer/suppressant, covered with a tarp or other suitable cover or vegetative ground cover. · All onsite unpaved roads and offsite unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizer/suppressant. · All land clearing, grubbing, scraping, excavation, land leveling, grading, cut and fill, and demolition activities shall be effectively controlled of fugitive dust emissions utilizing application of water or by presoaking. · With the demolition of buildings up to 6 stories in height, all exterior surfaces of the building shall be wetted during demolition. · When materials are transported off site, all material shall be covered, or effectively wetted to limit visible dust emissions, and at least 6 inches of freeboard space from the top of the container shall be maintained. · All operations shall limit or expeditiously remove the accumulation of mud or dirt from adjacent public streets at the end of each workday. (The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions. Use of blower devices is expressly forbidden.) · Following the addition of materials to, or the removal of materials from, the surface of outdoor storage piles, said piles shall be effectively stabilized of fugitive dust emissions utilizing sufficient water or chemical stabilizer/suppressant. Page 2 of 19 'ò¡>'K£,s> ~ ~ ,.. m ç :; v OBIGINM S:\GPA 2nd 2005\04-0671 Rosedale Ranch EIR\Exhibit C Conditions.doc Exhibit C Mitigation 1 Conditions of Approval GPAlZC 04-0671 · Within urban areas, trackout shall be immediately removed when it extends 50 or more feet from the site and at the end of each workday. · Any site with 150 or more vehicle trips per day shall prevent carryout and trackout. SJV APCD Control Measures for Construction Equipment Exhaust Emissions: · Use alternatively fueled or catalyst-equipped diesel construction equipment. · Minimize idling time (e.g., 10 minute maximum). · Limit the hours of operation of heavy-duty equipment and/or the amount of equipment in use. · Replace fossil-fueled equipment with electrically driven equivalents. · Curtail construction during periods of high ambient pollutant concentrations; limiting construction may include ceasing of construction activity during the peak hour of vehicular traffic on adjacent roadways. · Implement activity management (e.g., rescheduling activities to reduce short- term impacts). · Properly and routinely maintain all construction equipment, as recommended by manufacturer manuals, to control exhaust emissions. · Encourage ride sharing and use of transit transportation for construction employee commuting to project sites. 4. The URBEMIS2002 model identifies several measures that can be used to minimize emissions associated with residential projects. These measures that are included as part of operations of the proposed project include: · solar water heater · central water heater Page 3 of 19 S:\GPA 2nd 2005\04-0671 Rosedale Ranch EIR\Exhibit C Conditions.doc x ~/!./í,,f1 <:> ~ >- ñí y r- () <:> ORIGINAL Exhibit C Mitigation 1 Conditions of Approval GPAlZC 04-0671 · increase insulation beyond Title 24 · use of electric landscape maintenance equipment on commercial buildings In addition, these following measures apply to the project vicinity (within 1 mile of the proposed project): · sidewalk and path coverage · shade trees along street · pedestrian circulation access in most locations · large number of visually interesting pedestrian uses · a street system that enhances safety · high degree of pedestrian safety from crime · visually interesting walking routes · bus service (every 15 minutes or more frequent) within 0.25 mile of the proposed project · high coverage of interconnected bikeways · bike routes provide paved shoulders · safe vehicle speed limits · safe school routes for primary and secondary schools · large number and variety of uses within cycling distance · secure bike parking 5. Prior to the issuance of the first building permit, the project applicant shall enter into an agreement with the SJVAPCD for the mitigation of NOx, ROG, and PM10 such that the net increase in regional emissions of these pollutants will be zero. This agreement may include, but is not limited to, the payment of fees to the Page 4 of 19 ~M~-9 cJ ~ >- ¡;; ."," r- Ó t) ~~\r,\NAL S:\GPA 2nd 2005\04-0671 Rosedale Ranch EIR\Exhíb;t C Condttions.doc Exhibit C Mitigation 1 Conditions of Approval GPAlZC 04-0671 district, for the purpose of offsetting project emissions. Examples of such a program would be the purchase of new diesel engines for heavy-duty trucks and agricultural equipment, retrofitting diesel engines with controls (e,g., oxidation catalyst, diesel particulate filter), and conversion of city-owned vehicles from gasoline and diesel to compressed natural gas engines. This emissions offset program would be coordinated with and approved by the SJVAPCD and based on estimates of achievable emissions reductions. This offset program would reduce emissions in sufficient quantities such that the net increase in regional emissions would be zero. With implementation of this mitigation, the impact would be reduced to no impact. Bioloaical Resources 6. The San Joaquin kit fox is a covered species within the MBHCP. The payment of development impact fees is considered adequate mitigation under the MBHCP to minimize impacts to sensitive species. Upon application and approval of future tract map phases within the proposed project area, the applicant shall pay the required mitigation fee or fees. Upon the payment of this fee and receipt of City project approval, a development applicant would become a sub-permittee and would be allowed the "incidental take" of the species in accordance with state and federal endangered species laws and mitigation requirements of all parties, state, federal, and local (MBHCP). Payment to the plan would reduce impacts to less-than-significant levels. 7. Prior to any ground-disturbing activities, a qualified biologist shall conduct surveys for nesting birds, including raptors. The surveys shall occur at a minimum of 3 days prior to the clearing, removal, or trimming of any vegetation. Surveys shall include areas within 200 feet of the edge of the proposed project boundary and the entire proposed project site. If active nests are found, a 50- foot (minimum) fence barrier shall be erected around the nest site. A 200-foot barrier shall be required for any raptor-nesting sites, including Swainson's hawk. No habitat removal or any other work shall be allowed to occur within the fenced nest zone until a qualified biologist confirms that the young have fledged and have left the nest. Cultural Resources 8. Prior to final tentative tract map approval for affected parcels, a qualified archaeologist shall be retained by the developer to perform a subsurface test- level investigation for the identified sites, and surface collection as appropriate. The test-level report evaluating the site shall include a discussion of significance Page 5 of 19 " ~M("1> ::s if. ., ~ _ r ') ~ "'DIC:I~IAI S:\GPA 2nd 2005\04-0671 Rosedale Ranch EIR\Exhibit C Conditions.doc Exhibit C Mitigation 1 Conditions of Approval GPAlZC 04-0671 (Le., depth, nature, condition, and extent of resources), final mitigation recommendations, and cost estimates. Prior to the issuance of a grading permit and based on the report recommendations, final mitigation shall be carried out. 9. Prior to development within the proposed project site, the applicant shall retain a qualified archaeologist with experience in evaluation of rural historic landscapes to further characterize the project area and determine its potential contribution to a historic landscape. Additional archival research shall focus on determining the potential for the proposed project area to be a component of a rural historic landscape associated with the industrial agricultural and speculative activities of the KCLC, the Rosedale Ranch, and the Rosedale Colony by a qualified historical archaeologist and/or historian. Archival research shall include determining the boundary of the original KCLC Rosedale Ranch and the Rosedale Colony, developing an appropriate historic context for the landscape, determining the features associated with the landscape, and determining the potential for subsurface historical archaeological deposits associated with the ranch operations and with the Rosedale Colony within the proposed project area. If the qualified historical archaeologist and/or historian determines that the proposed project area is a component of a rural historic landscape and that it is eligible for listing on local, state, and/or federal registers, management recommendations shall be provided to the Lead Agency. Management recommendations may include, but are not limited to, a cultural resources management plan, a formal nomination to historic registers, and treatment measures for archaeological sites. 10. Prior to final tentative tract map approval for affected parcels (parcels adjacent to the AT & SF rail line), a qualified architectural historian/historian/historical archaeologist shall be retained by the developer to conduct an evaluation of line for eligibility to federal, state, and local historical registers as an individual resource and/or a component of the rural historic landscape. 11. If buried cultural resources, such as chipped or ground stone, historic bottles or ceramics, building foundations, or non-human bone are inadvertently discovered during ground-disturbing activities, work will stop in that area and within 100 feet of the find until a qualified archaeologist can assess the significance of the find and, if necessary, develop appropriate treatment measures. Treatment measures typically include development of avoidance strategies, capping with fill Page 6 of 19 .~M& '<. "ú' o '" >- ¡;; ,.... r- 'Ó C:> ORIGINAL S:\GPA 2nd 2005\04·0671 Rosedale Ranch EIR\Exhibit C Conditions.doc ,...-.-." -,.-,.,.-..,.--.,-..-- .~_._. .---...---.,--. -,.~....,._- _.. . '-~-'-~-"- Exhibit C Mitigation 1 Conditions of Approval GPAlZC 04-0671 material, or mitigation of impacts through data recovery programs such as excavation or detailed documentation. Sites discovered having relevance to Native Americans shall be made known to the appropriate individuals/agencies/groups as determined by the archaeologist in consultation with the Lead Agency. If archaeological sites are discovered on site during construction, and an archaeologist is contacted to determine the significance of the find, the developer shall provide written evidence to the City Planning Department that a qualified archaeologist has been retained, shall be present at the pre-grading conference, shall establish procedures for archaeological resource surveillance, and shall establish in cooperation with the project developer procedures for temporarily halting or redirecting work to permit the sampling, identification, and evaluation of the artifacts as appropriate. 12. If human remains of Native American origin are discovered during project construction, it is necessary to comply with state laws relating to the disposition of Native American burials, which fall within the jurisdiction of the Native American Heritage Commission (Pub. Res. Code Sec. 5097). If any human remains are discovered or recognized in any location other than a dedicated cemetery, there will be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until: . the coroner of Kern County has been informed and has determined that no investigation of the cause of death is required, and . if the remains are of Native American origin, a. the Native American Heritage Commission was unable to identify a descendant or the descendant failed to make a recommendation within 24 hours after being notified by the commission, or b. the descendants of the deceased Native Americans have made a recommendation to the landowner or the person responsible for the excavation work for means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods as provided in Public Resources Code Section 5097.98. Page 7 of 19 ~(>'KL:..s> ~ ~ >- ¡;; \:;. [; v ORIGINAL S:\GPA 2nd 2005\04-0671 Rosedale Ranch EIR\Exhibit C Conditions.doc Exhibit C Mitigation 1 Conditions of Approval GPAlZC 04-0671 According to California Health and Safety Code, six or more human burials at one location constitute a cemetery (Section 8100) and disturbance of Native American cemeteries is a felony (Section 7052). Section 7050.5 requires that construction or excavation be stopped in the vicinity of discovered human remains until the coroner can determine whether the remains are those of a Native American. If the remains are determined to be Native American, the coroner must contact the California Native American Heritage Commission. Hazards and Hazardous Materials 13. To ensure the health and safety of future workers and residents, prior to issuance of any grading permit, the applicant shall provide for the remediation of all existing water wells and sumps (wet or dry). All water wells shall be appropriately shut in and be evaluated and verified by the Water Section of the Kern County Certified Unified Protection Agency. 14. Prior to the approval of any grading permit for the proposed project, oil wells in the proposed project area defined by the corresponding set of tract map(s) shall be properly closed, cleaned, and abandoned, prior to any ground disturbing activities. All existing oil wells, abandoned oil wells, or shut-in oil wells shall be required to implement a closure plan to render all wells inert and to conform to California Division of Oil and Gas oil well abandonment or re-abandonment procedures. The applicant shall be required to file a Notice of Intent to Abandon Well form with DOGGR. The notice shall include all required abandonment procedures on a well-by-well basis in accordance with Article 14, Chapter 3, Sections 1723 through 1723.9 of the CCR. Abandonment of wells shall be performed and verified to the satisfaction of DOGGR. 15. Prior to occupancy of any residence within the proposed project area, each area containing (an) oil well(s) (either abandoned or shut-in) shall be made inaccessible with chain-linked fence until such time that they have been closed and abandoned to the satisfaction of DOGGR. 16. Prior to the approval of final tentative tract maps and grading approval, demolition of the KCL 67 Tank Farm shall be conducted in accordance with all appropriate DTSC regulations and with those set forth by DOGGR. All areas within the KCL 67 Tank Farm that show evidence of petroleum-stained soils shall be evaluated through subsequent testing to determine the vertical and lateral extent of any such spill. All areas within the KCL 67 Tank Farm that contain spilled oil or other petroleum products shall be excavated, and the removed soils Page 8 of 19 ~ ~Þlif0' o ~ >- ¡;; ,.... r- Ô <:> I"\RIGINAL S:\GPA 2nd 2005\04·0671 Rosedale Ranch EIR\Exhibit C Conditions.doc Exhibit C Mitigation 1 Conditions of Approval GPAlZC 04-0671 shall be disposed of at an appropriate hazardous materials disposal site. All work shall be completed to the satisfaction of the DTSC and DOGGR. 17. Prior to the approval of any grading permit for the proposed project, all oil and gas pipelines shall be removed and the soil conditions shall be monitored by a qualified hazardous materials specialist. If soil staining is evident, the nature of the stain shall be determined. All areas containing petroleum-stained soils shall be treated, blended, with existing soil, or excavated, depending on the petroleum levels in the soil, to comply with appropriate specifications of the City, the DTSC and/or EPA, as applicable. Any soils removed shall be disposed of at an appropriate hazardous materials disposal site to the satisfaction of DTSC or the local oversight agency. 18. Prior to the approval of any grading permit for the proposed project, all existing power lines and all power poles, including those that contain a transformer, shall be removed by a qualified hazardous materials specialist. All removed materials including transformers that may contain PCBs shall be disposed of at an appropriate hazardous materials disposal site to the satisfaction of DTSC or the local oversight agency. 19. Prior to the approval of final tentative tract maps and grading approval, all areas with evidence of fertilizer or pesticide-stained soils shall be evaluated to determine the vertical and lateral extent of any such spill. All areas containing spilled fertilizer or pesticide products shall be treated, blended, with existing soil, or excavated, depending on the fertilizer or pesticide levels in the soil, to comply with appropriate specifications of the City, the DTSC and/or EPA, as applicable. Any soils rernoved shall be disposed of at an appropriate hazardous materials disposal site. All work shall be completed to the satisfaction of the DTSC or local oversight agency. Hvdroloav and Water Qualitv 20. Prior to final approval of tentative tract maps and authorization of grading plans, a SWPPP shall be prepared by the project contractors and be made available to the City Engineer for inspection and cornrnent. The SWPPP shall identify erosion minimization and control provisions, pollution detection provisions, and pollution elimination/minimization provisions. The SWPPP shall include best available technology, engineering, and design solutions such as the use of silt screens, hay bales, modern trash screens, energy dissipaters, and/or absorbent devices. Stormwater runoff water quality monitoring procedures shall be clearly detailed in the SWPPP. Page 9 of 19 . 'O¡>,Kê..s> (š ~ - >- m ,.... r-- --S t:7 (ìp\r;\NÞ.L S:\GPA 2nd 2005\04-0671 Rosedale Ranch EIR\Exhibit C Conditions.doc Exhibit C Mitigation 1 Conditions of Approval GPAlZC 04-0671 21. Prior to construction of the proposed artificial lake, the developer shall design and implement a lake filtration and aeration system to minimize algae growth and to maintain sufficient water quality standards. A water quality monitoring and maintenance system also shall be installed to minimize potential adverse health effects associated with human contact with the lake. 22. During the engineering and final design of the future tract maps within the portion of the site denoted by FEMA as Flood Zone A, the future development project shall be designed to raise the floodplain level within the existing area denoted by Flood Zone A, and raise building pads above flood levels. A Letter of Map Revision (LOMR) from FEMA would be required to clear the Zone A designation from the Flood Insurance Rate Maps. The LOMR would be required prior to certification of use and occupancy in the flood zone areas. 23. Concurrent with tract map approval for the flood zone A area, the applicant shall demonstrate through hydrologic analyses that filling of existing flood zones would not adversely create new flood hazards on or off site. Specific engineering measures may be required to prevent damages (resulting from the displacement and diversion of the floodwaters that would normally be impounded by the railroad in the preconstruction condition) to adjacent and downstream properties. Such measures may include the design and installation of detention basins. Land Use and Plannina 24. Refer to Biological Resources condition #6 regarding payment of the Metropolitan Bakersfield Habitat Conservation Plan development impact fee. Noise 25. Limiting hours of construction operations: Construction activity located within 1,000 feet of residences shall be limited to the hours between the hours of 6 a.m. and 9 p.m. on weekdays, and between 8 a.m. and 9 p.m. on weekends is exempt. 26. Outdoor activity areas of residential areas shall be designed such that noise from traffic does not exceed 65 dB CNEL. The project applicant shall retain a qualified acoustical consultant to design treatments for residences located adjacent to roadways in and around the proposed project area such that exterior noise levels under 2020 with-project conditions does not exceed 65 dB CNEL at outdoor activity areas. Treatments may include methods such as construction of a sound <òàKê", Page 10 of 19 d- % - >- m r;. t; $:\GPA 2nd 2005\04-0871 Rosedale Ranch EIR\Exhibit C Conditions.doc ':J f"\~\r,\NAL Exhibit C Mitigation 1 Conditions of Approval GPAlZC 04-0671 wall or earth berm between the new residences and the roadway or placement of building structures between roadway and outdoor activity areas. The acoustical consultant will prepare and submit to the City a report detailing the acoustical treatments to be used for compliance with this performance standard. The report must be reviewed and approved by the City before a building permit will be issued. The design of project buildings will reflect the approved report. 27. Interior areas of residential units shall be designed such that noise from traffic does not exceed 45 dB CNEL. The project applicant shall retain a qualified acoustical consultant to ensure that interior noise levels at residences does not exceed 45 dB Ldn under 2020 with-project traffic conditions. If treatments are necessary, treatments may include installing acoustically rated doors and windows, and blocking sound transmission paths through vents or other openings in the building shell. The acoustical consultant will prepare and submit to the City a report detailing compliance with the interior noise performance standard or, if necessary, the acoustical treatments to be applied to the building for compliance with the interior noise performance standard. The report must be reviewed and approved by the City before a building permit is issued. 28. Outdoor activity areas of residential areas shall be designed such that noise from trains does not exceed 65 dB CNEL. The project applicant shall retain a qualified acoustical consultant to design treatments for residences located adjacent to the BNSF track such that exterior train noise does not exceed 65 dB CNEL at outdoor activity areas. Treatments may include methods such as construction of a sound wall or earth berm between the new residences and the track or placement of building structures between the track and outdoor activity areas. The acoustical consultant will prepare and submit to the City a report detailing the acoustical treatments to be used for compliance with this performance standard. The report must be reviewed and approved by the City before a building permit will be issued. The design of project buildings will reflect the approved report. 29. Interior areas of residential units shall be designed such that noise from trains does not exceed 45 dB CNEL. The project applicant shall retain a qualified acoustical consultant to ensure that interior noise levels from trains at residences does not exceed 45 dB CNEL. If treatments are necessary, treatments may include installing acoustically rated doors and windows, and blocking sound transmission paths through vents or other openings in the building shell. The acoustical consultant will prepare and submit to the City a report detailing cornpliance with the interior noise performance standard or, if necessary, the acoustical treatments to be applied to the building for compliance with the interior Page 11 of 19 .'ÒMê", 0- ~ - m - r-- -) C:> "o,r.INAL S:\GPA 2nd 2005\04·0671 Rosedale Ranch EIR\Exhibit C Conditions.doc Exhibit C Mitigation 1 Conditions of Approval GPAlZC 04-0671 noise performance standard. The report must be reviewed and approved by the City before a building permit is issued. 30. Commercial and industrial uses shall be designed such that noise from operations does not exceed City noise standards for non-transportation sources. The project applicant shall retain a qualified acoustical consultant to design treatments for commercial and industrial uses such that residences located adjacent to these uses will not be exposed to noise exceeding City standards for non-transportation uses. Treatments may include methods such as: · limits on hours of operations · use of enclosures or localized barriers around equipment noise sources · placement of barriers between the residences and commercial and industrial uses · use of mufflers on equipment exhaust The acoustical consultant will prepare and submit to the City a report detailing the acoustical treatments to be used for compliance with this performance standard. The report must be reviewed and approved by the City before a building permit will be issued. The design of commercial and industrial uses will reflect the approved report. Public Services and Utilities 31. Prior to the issuance of any building permit, developers within the proposed project site shall submit to the City for review and approval a plan to separate recyclable/reusable construction debris. The plan shall include the method the contractor will use to haul recyclable materials and shall include the method of and location of materials disposal. The builders shall be responsible for hauling their own construction debris to the Mount Vernon Facility or entering into a contract with a licensed hauler for disposal of construction debris. Transportation and Circulation 32. Developing and implementing a traffic control plan: Prior to approval of improvement plans for any portion of the proposed project, the project applicant shall develop and implement a Traffic Control Plan. The Traffic Control Plan Page 12 of 19 , '$Mt~ ~ ~ >- ¡;; >:::- r- oJ <:> r")1<¡r,INAL S:\GPA 2nd 2005\04·0671 Rosedale Ranch EIR\Exhibit C Conditions. doc Exhibit C Mitigation 1 Conditions of Approval GPAlZC 04-0671 shall be implemented throughout the course of project construction, and shall include the following elements: · Contain a plan for communicating construction plans with transit providers, emergency service providers, residences, and businesses located in the project vicinity, and anyone else who may be affected by project construction. · Identify roadway segments or intersections that are at or approaching level of service that exceeds local standards, and provide for construction-generated traffic to avoid these locations at the peak periods, either by traveling different routes or by traveling at non-peak times of day. · Contain an access and circulation plan for use by emergency vehicles when lane closures and/or detours are in effect; if lane closures occur, provide advance notice to local fire and police departments to ensure that alternative evacuation and emergency routes are designed to maintain response times. · Maintain access to existing residences in the area at all times. · Provide for adequate parking for construction trucks and equipment within the designated staging areas throughout the construction period. · Provide adequate parking for construction workers within the designated staging areas. · Restrict delivery of construction materials to between the hours of 9:00 a.m. and 3:00 p.m. to avoid more congested morning and evening hours. · Require traffic controls on roadways adjacent to the proposed project, including flag persons wearing bright orange or red vests and using a "Stop/Slow" paddle to control oncoming traffic; construction warning signs should be posted in accordance with local standards or those set forth in the Manual on Uniform Traffic Control Devices (FHWA 2001), in advance of the construction area and at any intersection that provides access to the construction area. · Require that written notification be provided to contractors regarding appropriate routes to and from the construction site, and the weight and speed limits on local roads used to access the construction site. Page 13 of 19 <¡¡I\.Kê", ð ~ - >- m ,.... r- -;, c:, . lìP\r;\NAL $:\GPA 2nd 2005\04-0671 Rosedale Ranch EIR\Exhibit C Conditions. doc Exhibit C Mitigation 1 Conditions of Approval GPAJZC 04-0671 · Specify that a sign be posted at all active construction areas giving the name and telephone number or email address of the City staff person designated to receive complaints regarding construction traffic. 33a. Prior to approval of each Tentative Tract, Vesting Tentative Tract, or Parcel Map (except Parcel Maps for financing or conveyancing purposes only that require further subdivision prior to development) for residential projects and PCD or Site Plan applications for other uses, the map or project applicant shall confirm the specific traffic circulation improvements that will be implemented with that tentative map, PCD or Site Plan as identified in the Traffic Impact Study (Ruettgers & Schuler 2005) to: · provide the traffic circulation improvements necessary to serve the immediate Map area; and · maintain the City's adopted minimum level of service standard (currently LOS C) on the roadway network that will be impacted by the project traffic, or, for those 10 intersections and 5 roadways that cannot be improved to the minimum level of service standard or better, with or without the project, to provide the project fair-share contribution to the improvements 1. The necessary improvements are identified in Tables 3N-13 and 3N-14 of this Draft PEIR. 'The fair-share improvements for the 10 intersections and 5 segments that cannot be improved to the minimum level of service standards shall include acceptable engineering solutions, approved by the City Engineer, to provide improvements beyond standard. Said improvements could include but not be limited to, a super-arterial concept greater than 6- lanes, higher capacity limited access facilities, non·standard high-capacity intersection designs and contributions toward the capacity relieving beltway system. 33b. To demonstrate that appropriate mitigation is being provided with each Final Map (except Parcel Maps for financing or conveyancing purposes only that require further subdivision prior to development), the process will be as follows: · The applicant will provide confirmation of the traffic analysis for each tentative map, PCD or Site Plan based on current information on the status of RTIF and local improvements at the time of approval processes for each tentative map, PCD, or Site Plan Review. Page 14 of 19 '$I<II¿:~ ð- ~ >- ¡;; ~ r; ~11\G\NAL S:\GPA 2nd 2005\04~0671 Rosedale Ranch EIR\Exhibit C Conditions.doc Exhibit C Mitigation 1 Conditions of Approval GPAlZC 04-0671 . The applicant and the City will identify the incremental improvements applicable to the tentative map, PCD, or Site Plan to be implemented through one or more of the following methods: o Build the improvements (if all necessary rights-of-way are available) and, if applicable, receive reimbursement credits for any percentage share not attributable to impacts caused by traffic generated from the map, PCD, or Site Plan. o Pay the City per unit mitigation fee. o In the event all necessary rights-of-way are not available at the time the applicant confirms the specific traffic circulation improvements to be implemented, the applicant shall pay the City the per unit mitigation fee in lieu of constructing the improvements for those portions where rights-of- way are not available. . The project applicant and the City will verify the timing of the improvements to be constructed by the applicant for recordation of each Map, PCD or Site Plan, and shall establish the threshold at which the improvements shall be constructed. The threshold shall depend on the particular improvement, the project fair-share contribution to the improvement and the nature of the particular Map/PCD/Site Plan, and may be tied to the number of lots within the Map area that may be recorded as part of a Final Map or Partial Final Map. 33c. For those improvements to be constructed by the City using mitigation fees paid by the project applicant and other sources of financing, the applicant's obligation will be satisfied by payment of the fees. 34. Prior to approval of tentative tract maps for subsequent phases of the proposed project, construction plans shall be approved by the Fire Marshall or appropriate representative to ensure that all fire code requirements are incorporated into the proposed project design. All development within the proposed project area shall conform to codes and access requirernents established by the Uniform Fire Code and City of Bakersfield Municipal Code Sections 15.64.010 to 15.64.480. 35. During design of tentative tract maps for subsequent phases of the proposed project, adequate parking shall be provided in accordance with City of Bakersfield Municipal Code standards. Construction plans shall be reviewed and verified by the Planning Department that the project components provide Page 15 of 19 'Qi"K£>9. ~ ~ ~ >- rn r r;.. t:1 v nRIG\N/l-L S:\GPA 2nd 2005\04·0671 Rosedale Ranch EIR\Exhíbít C Conditions. doc -.--_.-._.- Exhibit C Mitigation 1 Conditions of Approval GPAlZC 04-0671 appropriate parking to minimize offsite parking impacts or neighborhood intrusion. CONDITIONS OF APPROVAL: Public Works Conditions 36. Prior to approval of any development plan, improvement plans, or application for a lot line adjustment, the following shall occur: a. Provide fully executed dedications for all Arterials and Collectors on the periphery of the GPAlZC area. Dedications need not be provided for arterials or collectors that are not on the section or mid-section line, or that will require a Specific Plan Line. Dedications shall include sufficient widths for expanded intersections and additional areas for landscaping as directed by the City Engineer. Submit a current title report with the dedication documents. b. Establish a Planned Drainage Area, (PDA), within the GPA area as approved by the City Engineer. Only one basin per eighty acres may be utilized to serve this area. The basins shall be located so that adjacent areas may connect as development occurs. Upon approval of the PDA, any required retention site and/or easements shall be dedicated to the City. 37. Dedicate a collector equivalent width for the West Beltway within the GPA request. The remainder of the width needed for the West Beltway, including interchanges and slope easements, shall be reserved. Submit a current title report with the dedication documents. 38. Seventh Standard Road shall be constructed as a limited access control 6-lane expressway with full access signalized intersections permitted at minimum Y. mile spacing. No other intermediate street intersections will be permitted. Limited access right in and out only access points may be considered, subject to design review, provided an auxiliary continuous right turn lane is constructed with the development to maintain expressway standards. 39. Allen Road will be shown on the circulation plan as a collector roadway extending north to Seventh Standard Road, with Etchart Road providing the east-west collector connection between Allen Road and Jenkins Road. 40. The Rosedale Ranch land use plan will not reserve right of way for any future freeway level improvement parallel to Seventh Standard Road. Page 16 of 19 .'ì>Mf..s> Õ' ~ - >- 11 r >;. C) v I\I'\I(;INÞ.L S:\GPA 2nd 2005\04-0671 Rosedale Ranch EIR\Exhibit C Conditions,doc .. ....--.--..----,......--...-.-.---.---., ~~--,.,,~.,--- "--- --..-.--.,-.--..--. Exhibit C Mitigation 1 Conditions of Approval GPAlZC 04-0671 41. The Applicant may pursue renaming Kratzmeyer Road to Olive Drive between Allen Road and Santa Fe Way. 42. The GPAlZC area is within the service area of the North of River Sanitary District No.1. Sewer service in this area must conform to the NORSD's adopted Sewer Study, and construction of sewer lines shall be per NORSD's requirements. All trench backfill and paving within the public right-of-way shall require an Open Street Permit and be as per the City of Bakersfield's adopted standards. 43. The subdivider shall pay his proportionate share of the cost for the future construction of full width landscaped median islands within all Arterials. Payment shall be made prior to the recordation of each final map. 44. Until such time as Seventh Standard Road is annexed into the City construction of Seventh Standard Road shall be done under permit from the controlling agency (County/City of Shafter) and if so desired the controlling agency shall also sign the street improvement plans. 45. The applicant/developerlsubdivider shall be responsible for all the cost of culvert/bridge widening within the GPA area and half of those, crossing the GPA area boundary. A Bridge and Major Thoroughfare District may be established as directed by the City Engineer. 46. Except for Seventh Standard Road, access to the arterial and collector streets will be limited and determined at time of division or development. Access from the arterial and collector streets shall be per City standards. 47. Determination of whether a right turn lane is required at the access street(s) will also be made at the time of division or development. A full access opening will only be considered if the developer funds and installs a traffic signal at the site entrance. Said signal will only be permitted if a signal synchronization study is submitted and approved, which shows progression is not adversely affected. 48. The entire area covered by this General Plan Amendment shall be included in the Consolidated Maintenance District. The applicant shall pay all fees for inclusion in the Consolidate Maintenance District with submittal of any development plan, tentative subdivision map, Site Plan Review, or application for a lot line adjustment for any portion of this GPA area. Page 17 of 19 ~¡>"Kf..s> ~ ~ - >- m ~ {; <,) ,\Qlr..INI>.L S:\GPA 2nd 2005\04-0671 Rosedale Ranch EIR\Exhibit C Conditions.doc Exhibit C Mitigation 1 Conditions of Approval GPAlZC 04-0671 49. Pay the standard residential, commercial and industrial Regional Transportation Impact Fees as adopted at time of development. Fees shall be computed by special study in compliance with City policy. Said study shall be completed prior to recordation of the first map or approval of the first development. 50. Prior to recordation of final maps, the Public Works Department shall verify that associated improvement plans specify that all street lights are to be zero cutoff fixtures. (Added by the Planning Commission) 51. In the interest of pUblic safety, a condition of approval shall be placed on the first subdivision map within the GPAlZC area requiring the applicant to construct curb, gutter, and street improvements to City of Bakersfield standards along commercially zoned property fronting arterial streets east of the West Beltway. (Added by the Planning Commission) Recreation and Parks Condition 52. Prior to the approval of the first tentative subdivision map within the GPAlZC area, a Master Parks Plan for the entire GPAlZC area shall be approved by the Planning Commission. Photovoltaic Systems Condition 53. Prior to issuance of the first single-family residential building permit, the developer shall demonstrate to the satisfaction of the Planning Department that photovoltaic systems will be offered to all single-family homebuyers as an optional feature. (Added by the Planning Commission) City Attornev Condition 54. In consideration by the City of Bakersfield for land use entitlements, including but not limited to related environmental approvals related to or arising from this project, the applicant, and/or property owner and/or subdivider ("Applicant" herein) agrees to indemnify, defend, and hold harmless the City of Bakersfield, its officers, agents, employees, departments, commissioners or boards ("City" herein) against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, in any way arising from, the terms and provisions of this application, including without limitation any CEOA approval or any related development approvals or conditions whether imposed by the City, or not, except for CITY's sole active negligence or willful misconduct. Page 18 of 19 . <¿¡í>.Kt..s> .~ 'S ~ rn _ r - t:J )~,,'''\1\IAL S:\GPA 2nd 2005\04-0671 Rosedale Ranch EIR\Exhibit C Conditions. doc Exhibit C Mitigation 1 Conditions of Approval GPAlZC 04-0671 This indemnification condition does not prevent the Applicant from challenging any decision by the City related to this project and the obligations of this condition apply regardless of whether any other permits or entitlements are issued. The City will promptly notify Applicant of any such claim, action or proceeding, falling under this condition within thirty (30) days of actually receiving such claim. The City, in its sole discretion, shall be allowed to choose the attorney or outside law firm to defend the City at the sole cost and expense of the Applicant and the City is not obligated to use any law firm or attorney chosen by another entity or party. Page 19 of 19 ~ <òf>tKf1. o ~ >- ¡;; r- ') <:> "i:1IGINAL $:\GPA 2nd 2005\04-0671 Rosedale Ranch EIR\Exhibit C Conditions.doc Exhibit D Statement of Facts and Findings ~ 'Q!\/(f-9 o .¿;, >- ¡;; ,.... r- - <:> v ()RIGINAL FINAL FINDINGS REGARDING THE ENVIRONMENTAL EFFECTS FOR THE ROSEDALE RANCH PROJECT EIR GPAlZC NO. 04-0671 SCH # 2005011033 Lead Agency: CITY OF BAKERSFIELD 1715 Chester Avenue Bakersfield, California 93301 Contact: Mr. Marc Gauthier (661) 326-3786 Consultant: JONES & STOKES 17310 Red Hill Avenue, Suite 320 Irvine, CA 92614 June 2005 _. .'--.------- --- ~~_._~.~-- _.~'-------."-- x ~~Kè..s> C:i ~ >- ¡;; I;::. r- V <:> ORIGINAL Findings of Fact Introduction To support a decision on a project for which an Environmental Impact Report (EIR) is prepared, a Lead or Responsible Agency must prepare written findings of fact for each significant environmental impact identified in the EIR. Pursuant to Section 21081 of the Public Resources Code and Section 15091 of the State CEQA Guidelines, the City of Bakersfield, as the Lead Agency, has prepared these Findings of Fact for the Rosedale Ranch project. These Findings of Fact must be adopted by the City Council after certification of the Final Program EIR (PEIR) and at the time of approval of the proposed project. Section 15091 of the CEQA Guidelines provides that no public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects ofthe project urness the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are: . Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant environmental effects as identified in the Final EIR. · Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the fmding. Such changes ha ve been adopted by such other agency or can and should be adopted by such other agency. · Specific economic, legal, social, technological, or other considerations, including provisions of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR. After considering the Final EIR in conjunction with making fmdings, the Lead Agency must not approve the project if it will have a significant effect on the environment unless it finds that the benefits of the project outweigh the unavoidable adverse environmental effects. CEQA requires decision makers t" balance the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental risks when detennining whether to approve a project. Pursuant to Section 15093 of the CEQA Guidelines, a Rosedale Ranch Project (GPAlZC #04-0671) Final Program Environmental 1m pad Report June 2005 J&S 04418 <o'r-KEf¡.s à '% :>- t: .:::, \ V O?\(',I~!>i 1 -,._..- --~-"""'''~''''--'-'-'-'-~--' ..-..----.-..---- City of Bakersfield Findings of Fad Statement of Overriding Considerations has been prepared for the proposed proj ecl. Project Objectives The objectives of the proposed project include: · to develop a self-contained community focused on a mixed-use Village Center that would serve as an entertaimnent and service center as well as a gathering place for a wide range of community activities and special events; · to develop a new sustainable, walkable community with its own identity that incorporates a range of housing types interconnected via pedestrian-oriented parks, greenbelts, and trails and includes extensive parks and recreation facilities; · to assist the City in meeting its share of the regional housing need, as reflected in the Regional Housing Allocation Plan for near-term (5-year period) needs, and in adopted long term forecasts; · to provide a fiscally sound mixed-use development that would encourage mutual support between residences and proposed commercial and industrial areas and that will continue to support the provision of municipal services throughout the City; . to reduce resident and worker automobile dependency by encouraging pedestrian activity (including providing for safe and efficient pedestrian traffic movement) and providing opportunities for employment nearby; . to develop a site shown for future development in the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) (City of Bakersfield and Kern County 1994) while contributing to overall protection for sensitive species through the payment ofMBHCP mitigation fees; and · to implement new development, consistent with General Plan Goals and Policies, in a phased, orderly manner, coordinated with the provision of infÌ'astructure and public improvements, including: · implementing a comprehensive road and infÌ'astructure improvement phasing program that assures adequate capacity for buildout of the planned development while incorporating attractive streetscape and landscape standards; and · assuring the adequate provision of infÌ'astructure and utilities to serve the proposed project site and vicinity. Proposed Project The proposed project involves a General Plan Amendment, Zone Change, and Annexation of approximately 1,655 acres to the City to allow for the new master· planned conununity. The design of the proposed project includes a mixed-use development defined by various land use concepts, including low- to high- medium density residential, recreation, general conunercial and mixed-use Rasedale Ranch Project (GPAlZC #04-(671) Final Program Environmental Impact Report 2 June 2005 <õI'-Kf..s> J&S044~ ~ - >- m ~ [; v ORIGINAL City of Bakersfield Findings of Fact commercial, light industrial, and service industrial. The proposed project includes a Development Agreement with the City and involves rescinding the portion of the Western Rosedale Ranch Specific Plan that covers the subject site. The proposed General Plan Amendment would change the existing Metropolitan Bakersfield General Plan (MBGP) land use designations from Service Industrial (ST), Light Industrial (LI), General Commercial (GC), Low-Medium Density Residential (LMDR), and High-Medium Density Residential (HMDR), to the following: · LR ~ Low Density Residential; · LMR ~ Low-Medium Density Residential; · HMR - High-Medium Density Residential; · GC ~ General Commercial; · MUC - Mixed-Use Commercial; and · LI - Light Industrial. In addition, as part of the proposed General Plan Amendment, the applicant is proposing to change the circulation pattern, which would require amending the Circulation Element ofthe MBGP. The proposed project would alter the existing Circulation Element in the vicinity of this project to provide a more efficient circulation network to serve the proposed project. As part of the Circulation Element Amendment, the alignment for the West Beltway would be modified to move further to the west to follow the Burlington Northern Santa Fe railroad (BNSF) right-of-way beyond the western portion of the site, and exit the northern portion ofthe site along what is currently Heath Road (rather than Rudd Road). Kratzmeyer Road/Olive Drive would remain an arterial roadway, but would be realigned to the south and west of the site to create a new interchange with the future West Beltway. Seventh Standard Road and Jenkins Road would remain in their current alignment and would remain arterial roadways. The proposed collector roads interior to the site would be reconfigured to a series of loop and winding roads, eliminating the existing grid pattern within the site. The proposed project also includes prezoning by the City, which would change the zoning from Kern County's existing zoning classification of A (Exclusive Agriculture) to a mixture of residential, commercial, and industrial zones consistent with the General Plan Amendment, including: · R-l (One-Family Dwelling Zone); · R-2 (Limited Multiple-Family Dwelling Zone); · C-l (Neighborhood Commercial Zone); · C·2 (Regional Commercial Zone); and · M-l (Light Manufacturing Zone). The proposed project also includes zoning changes that would incorporate the use of a Planning Unit Development (PUD) and Planned Commercial Rasedale Ranch Project (GPNZC #04-0671) Final Program Environmental Impact Report 3 June 2005 'ò(t.,K£ J&S04418ç} ",~ >- ííi \0.::. G v ORIGINAL _·m_· '~'___'_~_"__"-"" .______._._.~____..___~_. City of Bakersfield Findings of Fact Development (PCD). The PUO and PCD zones are used to provide flexibility to the zoning code and would be applied to some of the proposed project area. These zones also allow for modifications to restrictions on residential zones (via PUO) and commercial zones (via PCD). A concept plan for ultimate development of the site is described to provide a broad guide for related entitlements that may be requested in the future. Detailed design would occur as future entitlement applications are submitted for review by the City at a tract map level. The target numbers of residential dwelling units and commerciaVindustrial square footages would include the following: · 6,441 total residential dwelling units, including: o 1,575 Low Density Residential (less than or equal to 7.26 dwelling units per net acre (dulac]) on approximately 412 acres; o 3,296 Low-Medium Density Residential (greater than 4.0 and less than or equal to 10.0 dulac) on approximately 753 acres; o 670 High-Medium Density Residential units (greater than 7.26 and less than or equal to 17.42 dulac) on approximately 69 acres; and o 900 high-density multi-family residential units in the Mixed-Use Commercial zone on approximately 45 acres; · 211,266 square feet of general commercial space on approximately 19 acres; · approximately 2.4 million square feet of mixed-use commercial retail and office space on approximately 219 acres; and · approximately 3.5 million square feet of light industrial warehouse and manufacturing on approximately 182 acres. The proposed project would include several recreational components that would include a lake and beach club, a community sports park, the Heritage Palms Great Park, village greens, various neighborhood parks, and trails. Detailed designs have not yet been prepared for these areas, but would be included in future plans, including any tentative tract map for residential purposes. The proposed project site would also include a number of school sites, which have not been specifically identified as part of the land use plan because the City of Bakersfield does not identify school sites at a General Plan level. Specific site locations would be identified during future phases of the project in coordination with the Rosedale Union School District, Norris School District, and Kern High School District. A large-scale regional business center is proposed to be located at the future interchange of the West Beltway and Seventh Standard Road. The BNSF Railway, the West Beltway, and proposed interior streets would form the boundaries of the 245. I-acre Regional Business Center. This area would be developed as a mixed-use center of commercial retail (46.2 acres), commercial office (16.8 acres), and light industrial, assembly, warehouse, office, and manufacturing uses (182.1 acres), for a total of 4,309,744 square feet of development. Rasedale Ranch Project (GPNZC #04-0671) Final Program Environmental Impact Report 4 June 20qgI>.K£..s> J&S ~18 ~ >- m r-- >;:. C::1 V"o\r,INÞ.L City of Bakersfield Findings of Fact The proposed project would be primarily accessible via West BeltwaylHighway 99 north to Olive Drive and secondarily from Seventh Standard Road. The future primary entry to Rosedale Ranch is designed with a free right turn from Olive Drive past the Village Center with a view of the lake. The entry would lead directly to the lake and beach club, which is the social and recreational hub of the community. Roadways including Jenkins Road, Seventh Standard, and Olive Drive on the perimeter of the proposed project would maintain their MBGP designation as Arterial. Interior proposed project roadways would consist of circulation element collectors and local collectors. The proposed project would be developed in phases as infrastructure (on-site and off-site) is developed or upgraded to support the project. An example of a phasing plan is as follows: · construction of low density residential components and a portion of the regional commercial center in the southeastern and central portions ofthe site during Phase I (2008); · additional single-family residential and neighborhood commercial uses toward the northeastern portion of the site during Phase II (2012); · a mix of regional commercial in the northwestern and southeastern portions of the site along with low and medium density residential in the southern and central portions of the site during Phase III (2016); and · additional single-family uses along with the regional industrial center in the northwestern portion of the site as part of Phase N (2020). The applicant's specific entitlement objective under this environmental document is to obtain approval by the City of a General Plan Amendment, Zone Change, and a Development Agreement. The EIR would also be used to support the proposed annexation of the site under separate action by the Kern County Local Agency Fonnation Commision. Related future approvals include a vesting tentative tract map, a parcel map for non-residential components, POD and PCD submittals, possible Conditional Use Pennits (CUP), and possibly other pennitting actions from other responsible agencies. A master development agreement with the City is being proposed to assure a balance of public and private benefits and to protect the applicant's substantial investment in quality community planning and development. Findings of Fact Findings of Fact are based on information contained within the Draft and Final PEIR for the proposed Rosedale Ranch project. The Draft PEIR addresses the potential effects on the environment that are associated with the proposed project, and was made available for public review from April 4, 2005 to May 19, 2005. Comments were received from a variety of public agencies, organizations, and individuals. The Final PEIR contains copies of the comments, provides responses to those comments, and includes Errata for the Draft PEIR with changes that were made as a result of the comments received on the Draft PEIR. This section provides a summary of the significant environmental effects of the Rosedale Ranch Project (GPAlZC #04-0671) Final Program Environmental Impact Report 5 June 2~!Of>,Kt..s>~ J&S~18 ñi r .:;, t) 'J 0RIGINAL ----,.,-~-- --- -- "-~--~,-.._----_._.. -..-....---..---- City of Bakersfield Findings of Fact project that are discussed in the PEIR, and provides written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each Finding. Environmental Impacts Summary of Impacts The Final PEIR indicated that potentially significant impacts to the following environmental resources would occur if the proposed project is implemented: · Aesthetics · Agricultural Resources · Air Quality · Biological Resources · Cultural Resources · Hazards and Hazardous Materials · Hydrology and Water Quality · Land Use and Planning · Noise · Public Services and Utilities · Transportation and Traffic Other environmental impacts were identified and disclosed within the Draft PEIR. Impacts that were detennined to be less than significant and that would not require the implementation of mitigation include Mineral Resources, Population and Housing, and Recreation. These findings are presented by environmental resource and are presented separately for environmental impacts that are potentially significant but mitigated to less than significant levels, and significant unavoidable environmental impacts. Where mitigation measures are proposed, these mitigation measures are included in a Mitigation Monitoring Plan, which has been prepared separately ¡¡-om these findings. In addition to the mitigation measures that have been incorporated into the proposed project, several alternatives were identified in order to attempt to reduce significant environmental impacts associated with the proposed project. Environmental Impacts That Are Mitigated to less Than Significant levels The following environmental impacts were found to be potentially significant, but could be reduced to less than significant levels through the implementation of appropriate mitigation measures. Rosedale Ranch Project (GPNZC #04-0671) Final Program Environmental Impact Report ¡.KEfr June 200~ ~ ~ o ri> J&S 0441;J- r- >:;;, ? v O,,\G\N~ 6 ....-. ._-_..._-.__._-_..._-_.~- Mitigation MM AQ-l.l. The project applicant shall comply with SNUAPCD Regulation VIII and implement additional construction vehicle emissions reduction measures. To control the generation of construction-related PM 10 fugitive dust and exhaust emissions, the project applicant shall comply with SNUAPCD Regulation VIII and the measures summarized below. It should be noted that June 2005 «. ,<>Þ-Klí'&ó' o ~ J&S 0441&.:- ~ Y,:.; <:> V ORIGINAL City of Bakersfield Findings of Fact Aesthetics Impact AES-l. The proposed project would result in increase in nighttime lighting that could result in glare and spill light. A nwnber of new lighting sources would be introduced within the proposed proj ect area including residential, commercial and industrial areas, parks, parking lots, and street lighting. Lighting associated with future sports park fields was detennined to be significant due to higher wattage, and mounting on higher poles that may be more visually intrusive at night when in use. Mitigation MM AES-l.l. During the installation of high-wattage pole-mounted sports park lighting, luminaries shall be provided with filtering louvers and hoods to minimize spill light to adjacent properties. Prior to operation of the sports park lighting, all pole-mounted lights shall be aimed away trom adjacent properties, including potential future residences, and shall include glare shields and hoods. Following the installation of the lighting, light levels shall be measured with a light meter by a licensed electrical engineer to detennine whether spill light exceeds 0.50-foot candles at the property lines. In the event that spill light exceeds this threshold, corrective measures shall be implemented, e.g., adjustment of and re-aiming the lights, installation of additional hoods and/or louvers Finding Changes or alterations have been incorporated into the project that avoid or substantially lessen the significant environmental effects. These changes are identified in the fonn of a mitigation measure as presented above. The City hereby fmds that implementation of the mitigation measure above is feasible, and is therefore adopted. Air Qualitv Impact AQ-l. The proposed project would generate PMlO (particulate matter) emissions during construction. The San Joaquin Valley Unified Air Pollution Control District (SNUAPCD) has detennined that compliance with its Regulation VIll, including implementation of all feasible control measures specified in its Guide for Assessing Air Quality Impacts, constitutes sufficient mitigation to reduce construction-related PM 10 emissions to less-than-significant levels and to minimize adverse air quality effects. Rasedale Ranch Project (GPAlZC #04-0671) Final Program Environmental Impact Report 7 City of Bakersfield Findings of Fact amendments to Regulation VIII were adopted that became affective on October I, 2004. The SN APCD should be contacted to determine how this rule may affect this proposed project. SJVUAPCD Regulation VIII Control Measures for Constroction Emissions of PM-JO: · All disturbed areas, including storage piles, which are not being actively utilized for construction purposes, shall be effectively stabilized of dust emissions using water, chemical stabilizerlsuppressant, covered with a tarp or other suitable cover or vegetative ground cover. · All onsite unpaved roads and offsite unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizerlsuppressant. · All land clearing, grubbing, scraping, excavation, land leveling, grading, cut and fill, and demolition activities shall be effectively controlled of fugitive dust emissions utilizing application of water or by presoaking. · With the demolition of buildings up to 6 stories in height, all exterior surfaces of the building shall be wetted during demolition. · When materials are transported off site, all material shall be covered, or effectively wetted to limit visible dust emissions, and at least 6 inches of freeboard space from the top of the container shall be maintained. · All operations shall limit or expeditiously remove the accumulation of mud or dirt from adjacent public streets at the end of each workday. (The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions. Use of blower devices is expressly forbidden.) · Following the addition of materials to, or the removal of materials from, the surface of outdoor storage piles, said piles shall be effectively stabilized of fugitive dust emissions utilizing sufficient water or chemical stabilizerl suppressant. · Within urban areas, trackout shall be immediately removed when it extends 50 or more feet from the site and at the end of each workday. · Any site with 150 or more vehicle trips per day shall prevent carryout and trackout. SJVAPCD Control Measuresfor Constroction Equipment Exhaust Emissions: · Use alternatively fueled or catalyst-equipped diesel construction equipment. · Minimize idling time (e.g., 10 minute maximum). · Limit the hours of operation of heavy-duty equipment and/or the amount of equipment in use. · Replace fossil-fueled equipment with electrically driven equivalents. Rasedale Ranch Project (GPAlZC #04-0671) Final Program Environmental Impact Report 8 June 2005 ~"Kê..s> «. % J&S 044180 .- >- rn ,.... '::- (J ,) "'Q\!;INAL ~_.- .,---~--~._-""-_...,_._----- City of Bakersfield Findings of Fact · Curtail construction during periods of high ambient pollutant concentrations; limiting construction may include ceasing of construction activity during the peak hour of vehicular traffic on adjacent roadways. · Implement activity management (e.g., rescheduling activities to reduce short- term impacts). · Properly and routinely maintain all construction equipment, as recommended by manufacturer manuals, to control exhaust emissions. · Encourage ride sharing and use of transit transportation for construction employee commuting to project sites. Finding Changes or alterations have been incorporated into the project that avoid or substantially lessen the significant environmental effects. These changes are identified in the form of a mitigation measure as presented above. The City hereby finds that implementation of the mitigation measure above is feasible, and is therefore adopted. Impact AQ-2. Area source emissions would be generated during operation from natural gas combustion, water and space heating, landscaping equipment, and personal household product use. Vehicle emissions due to an increase in project vehicle trips of 92,340 trips per day would also occur. These operational emissions would exceed SNUAPCD thresholds and are considered significant. Mitigation MM AQ-2.1. The URBEMIS2002 model identifies several measures that can be used to minimize emissions associated with residential projects. These measures that are included as part of operations of the proposed project include: · solar water heater, · central water heater, · increase insulation beyond Title 24, and · use of electric landscape maintenance equipment on commercial buildings. In addition, these following measures apply to the project vicinity (within 1 mile of the proposed project): · sidewalk and path coverage, · shade trees along street, · pedestrian circulation access in most locations, · large number of visually interesting pedestrian uses, · a street system that enhances safety, · high degree of pedestrian safety from crime, · visually interesting walking routes, Rasedale Ranch Project (GPNZC #04-(671) Final Program Environmental Impact Report 9 'QMê~ June 200~ ~ >- - J&S 0441~ ~ o C:> n~Ir,\NAL City of Bakersfield Findings of Fact · bus service (every IS minutes or more frequent) within 0.25 mile of the proposed project, · high coverage of interconnected bikeways, · bike routes provide paved shoulders, · safe vehicle speed limits, · safe school routes for primary and secondary schools, · large number and variety of uses within cycling distance, and · secure bike parking. MM AQ-2.2. Prior to the issuance of the first building pennit, the project applicant shall enter into an agreement with the SN APCD for the mitigation of NOx, ROO, and PMIO emissions. This agreement may include, but is not limited to, the payment of fees to the district, for the purpose of offsetting project emissions. Examples of such a program would be the purchase of new diesel engines for heavy-duty trucks and agricultural equipment, retrofitting diesel engines with controls (e.g., oxidation catalyst, diesel particulate filter), and conversion of city-owned vehicles from gasoline and diesel to compressed natural gas engines. This emissions offset program would be coordinated with and approved by the SN APCD and based on estimates of achievable emissions reductions. This offset program would reduce emissions in sufficient quantities such that the net increase in regional emissions would be zero. With implementation of this mitigation, the impact would be reduced to no impact. Finding Changes or alterations have been incorporated into the project that avoid or substantially lessen the significant environmental effects. These changes are identified in the form of a mitigation measure as presented above. The City hereby finds that implementation of the mitigation measure above is feasible, and is therefore adopted. Bioloaical Resources Impact BIO-2. The proposed project could potentially impact the endangered San Joaquin kit fox. While habitat features and other signs for this species are not present on site, the species is known to occur in the vicinity of the site. Also, the presence of native and non-native trees on site provides suitable nesting and roosting habitat for migratory bird species, including the state-listed threatened Swainson's hawk, protected under the Migratory Bird Treaty Act. Therefore, potential impacts could occur because these species have the potential to be on site. Rasedale Ranch Project (GPA/ZC #04-{)671) Final Program Environmental Impact Report Mitigation MM BIO-2.1. The San Joaquin kit fox is a covered species within the MBHCP. The payment of development impact fees is considered adequate mitigation 'òÞ-Kt", June 2~ ~ - >- rn J&S~ r- Ó C:J ORIG\NAL 10 City of Bakersfield Findings of Fact under the MBHCP to minimize impacts to sensitive species. Upon application and approval of future tract map phases within the proposed project area, the applicant shall pay the required mitigation fee or fees. Upon the payment of this fee and receipt of City project approval, a development applicant would become a sub-pennittee and would be allowed the "incidental take" of the species in accordance with state and federal endangered species laws and mitigation requirements of all parties, state, federal, and local (MBHCP). Payment to the plan would reduce impacts to less-than-significant levels. MM BIO-2.2. Prior to any ground-disturbing activities, a qualified biologist shall conduct surveys for nesting birds, including raptors. The surveys shall occur at a minimum of 3 days prior to the clearing, removal, or trimming of any vegetation. Surveys shall include areas within 200 feet ofthe edge of the proposed project boundary and the entire proposed project site. If active nests are found, a 50-foot (minimum) fence barrier shall be erected around the nest site. A 200-foot barrier shall be required for any raptor-nesting sites, including Swainson's hawk. No habitat removal or any other work shall be allowed to occur within the fenced nest zone until a qualified biologist confmns that the young have fledged and have left the nest. Finding Changes or alterations have been incorporated into the project that avoid or substantially lessen the significant environmental effects. These changes are identified in the form of a mitigation measure as presented above. The City hereby finds that implementation ofthe mitigation measure above is feasible, and is therefore adopted. Cultural Resources Impact CR - I. One prehistoric archaeological site and three prehistoric isolated artifacts were located within the proposed project area. Construction of the project could impact these sites. Additionally, the proposed project area could be a component of a rural historic landscape. If the proposed project area were detennined to be eligible for listing as a historic landscape, construction and development activities could potentially impact this resource. Further, the technical study resulted in the identification of a segment of the A.T. & S.F. Railway along the western boundary of the proposed project area as being a potentially historic resource. Mitigation MM CR-l.l. Prior to final tentative tract map approval for affected parcels, a qualified archaeologist shall be retained by the developer to perform a subsurface test-level investigation for the identified sites, and surface collection as appropriate. The test-level report evaluating the site shall include a discussion of significance (i.e., depth, nature, condition, and extent of resources), fmal mitigation recommendations, and cost estimates. Prior to the issuance of a Rasedale Ranch Project (GPAlZC #04.()671) Final Program Environmental Impact Report 11 June 2005 ~ ~K£,l\ X 'Tó' J&S~ '" >- ¡;; ,.... r- ã <:> ORIGINAL -- "'-'~~--'---"---------"'-~"'--~'~----- City of Bakersfield Findings of Fact grading pennit and based on the report recommendations, final mitigation shall be carried out. MM CR-l.2. Prior to development within the proposed project site, the applicant shall retain a qualified archaeologist with experience in evaluation of rural historic landscapes to further characterize the proj ect area and determine its potential contribution to a historic landscape. Additional archival research shall focus on determining the potential for the proposed project area to be a component of a rural historic landscape associated with the industrial agricultural and speculative activities of the KCLC, the Rosedale Ranch, and the Rosedale Colony by a qualified historical archaeologist and/or historian. Archival research shall include detennining the boundary of the original KCLC Rosedale Ranch and the Rosedale Colony, developing an appropriate historic context for the landscape, determining the features associated with the landscape, and detennining the potential for subsurface historical archaeological deposits associated with the ranch operations and with the Rosedale Colony within the proposed project area. If the qualified historical archaeologist and/or historian determines that the proposed project area is a component of a rural historic landscape and that it is eligible for listing on local, state, and/or federal registers, management recommendations shall be provided to the Lead Agency. Management recommendations may include, but are not limited to, a cultural resources management plan, a formal nomination to historic registers, and treatment measures for archaeological sites. If the qualified historical archaeologist and/or historian determines the proposed project area is not a component of a rural historic landscape, individual cultural resource evaluations may be required to determine the individual eligibility of existing features and archaeological sites. MM CR-I.3. Prior to fmal tentative tract map approval for affected parcels (parcels adjacent to the AT. & S.F. rail line), a qualified architectural historian/historian/historical archaeologist shall be retained by the developer to conduct an evaluation of the AT. & S.F. Railway line for eligibility to federal, state, and local historical registers as an individual resource and/or a component of the rural historic landscape. Finding Changes or alterations have been incorporated into the project, which avoid or substantially lessen the significant environmental effects. These changes are identified in the form of a mitigation measure as presented above. The City hereby finds that implementation of the mitigation measure above is feasible, and is therefore adopted. Impact CR-2. Buried cultural resources that were not identified during field surveys could be inadvertently unearthed during ground-disturbing activities. This could result in the demolition or substantial damage to significant cultural resources. Rasedale Ranch Project (GPNZC #04-0071) Final Program Environmental Impact Report 12 ~M(2", June 200~ ~ J&S 044~ p:! " <:> I')QIGINAL _._..__.>._..~.. ..~--_.._._-----~- ._.__.._._~-- City of Bakersfield Findings of Fact Mitigation MM CR-2.\. If buried cultural resources, such as chipped or ground stone, historic bottles or ceramics, building foundations, or non-human bone are inadvertently discovered during ground-disturbing activities, work will stop in that area and within 100 feet of the fmd until a qualified archaeologist can assess the significance of the find and, if necessary, develop appropriate treatment measures. Treatment measures typically include development of avoidance strategies, capping with fill material, or mitigation of impacts through data recovery programs such as excavation or detailed documentation. Sites discovered having relevance to Native Americans shall be made known to the appropriate individuals/agencies/groups as determined by the archaeologist in consultation with the Lead Agency. If archaeological sites are discovered on site during construction, and an archaeologist is contacted to determine the significance of the find, the developer shall provide written evidence to the City Planning Department that a qualified archaeologist has been retained, shall be present at the pre-grading conference, shall establish procedures for archaeological resource surveillance, and shall establish in cooperation with the project developer procedures for temporarily halting or redirecting work to permit the sampling, identification, and evaluation of the artifacts as appropriate. Finding Changes or alterations have been incorporated into the project, which avoid or substantially lessen the significant environmental effects. These changes are identified in the form of a mitigation measure as presented above. The City hereby fmds that implementation of the mitigation measure above is feasible, and is therefore adopted. Impact CR-3. Buried human remains could be inadvertently unearthed during excavation activities, which could result in damage to these human remains. Mitigation MM CR-3.\. If human remains of Native American origin are discovered during project construction, it is necessary to comply with state laws relating to the disposition of Native American burials, which fall within the jurisdiction of the Native American Heritage Commission (Pub. Res. Code Sec. 5097). If any human remains are discovered or recognized in any location other than a dedicated cemetery, there will be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until: . the coroner of Kern County has been informed and has detennined that no investigation of the cause of death is required, and . if the remains are of Native American origin, a. the Native American Heritage Commission was unable to identify a descendant or the descendant failed to make a recommendation within 24 hours after being notified by the commissIOn, or Rasedale Ranch PrOject (GPNZC #04-(671) Final Program Environmental Impact Report 13 June 2005 'QMê..s> J&S0441~ ~ >- ¡;; ,.... r- t) <:> ORIGINAL City of Bakersfield Findings of Fact b. the descendants of the deceased Native Americans have made a reconunendation to the landowner or the person responsible for the excavation work for means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods as provided in Public Resources Code Section 5097.98. According to California Health and Safety Code, six or more human burials at one location constitute a cemetery (Section 8100) and disturbance of Native American cemeteries is a felony (Section 7052). Section 7050.5 requires that construction or excavation be stopped in the vicinity of discovered human remains until the coroner can determine whether the remains are those of a Native American. If the remains are determined to be Native American, the coroner must contact the California Native American Heritage Commission. Finding Changes or alterations have been incorporated into the project, which avoid or substantially lessen the significant environmental effects. These changes are identified in the form of a mitigation measure as presented above. The City hereby finds that implementation of the mitigation measure above is feasible, and is therefore adopted. Hazards and Hazardous Materials Impact HAZ-4. The proposed project site is not listed in a state or federal database of sites known to have experienced a hazardous materials spill or incident other than those that list known oil and water wells. However, the project site has a moderate potential to contain hazardous materials in isolated portions of the proposed project site as a result of ongoing agricultural and petroleum-producing activities, as well as associated infrastructure such as pipelines, storage tanks, equipment use, wells, etc. Accordingly, the site contains a number of locations that could pose a health risk to future workers and residents if not appropriately remediated prior to ground-disturbing activities. Areas that could pose a risk to future workers and residents include soils stained from petroleum uses such as wells or pipelines, or pesticides/fertilizers and associated metals, and areas that could exhibit PCB staining from transformers or transformers themselves that contain PCBs. Fertilizers, pesticides, herbicides, and petroleum residues can be a threat to future workers and occupants if they are disturbed and released into the air, and also could percolate into the groundwater beneath these areas if not appropriately remediated. Although water wells do not pose a direct risk to human health and safety through the presence of chemicals, the physical nature of a well can be considered a threat such as the danger from a small child's falling in. Other past uses such as the septic tank(s) that would have been likely used only for residential use are unlikely to contain chemicals of concern. Rased,le Ranch Project (GPNZC #04-0671) Final Program Environmental Impact Report 14 June 200íAKê..s> J&S~8 ~ >- ¡;; ~ t; v ORIGINI\.L ...-., -_.._---_...~...~_._......._-,~--_._-- . ~._._'---~--_.__..---~_._- City of Bakersfield Findings of Fact Mitigation Water Wells MM HAZ-4.1. To ensure the health and safety of future workers and residents, prior to issuance of any grading permit, the applicant shall provide for the remediation of all existing water wells and swnps (wet or dry). All water wells shall be appropriately shut in and be evaluated and verified by the Water Section of the Kern County Certified Unified Protection Agency. Oil Wells MM HAZ-4.2. Prior to the approval of any grading permit for the proposed project, oil wells in the proposed project area defined by the corresponding set of tract map(s) shall be properly closed, cleaned, and abandoned, prior to any ground disturbing activities. All existing oil wells, abandoned oil wells, or shut- in oil wells shall be required to implement a closure plan to render all wells inert and to conform to California Division of Oil and Gas oil well abandonment or re- abandonment procedures. The applicant shall be required to file a Notice of Intent to Abandon Well form with DOGGR. The notice shall include all required abandonment procedures on a well-by-well basis in accordance with Article 14, Chapter 3, Sections 1723 through 1723.9 of the CCR. Abandonment of wells shall be performed and verified to the satisfaction of DOGGR. MM HAZ-4.3. Prior to occupancy of any residence within the proposed project area, each area containing (an) oil welles) (either abandoned or shut-in) shall be made inaccessible with chain-linked fence until such time that they have been closed and abandoned to the satisfaction of DOGGR. MM HAZ-4.4. Prior to the approval of final tentative tract maps and grading approval, demolition of the KCL 67 Tank Fann shall be conducted in accordance with all appropriate DTSC regulations and with those set forth by DOGGR. All areas within the KCL 67 Tank Farm that show evidence of petrolewn-stained soils shall be evaluated through subsequent testing to determine the vertical and lateral extent of any such spill. All areas within the KCL 67 Tank Fann that contain spilled oil or other petroleum products shall be excavated, and the removed soils shall be disposed of at an appropriate hazardous materials disposal site. All work shall be completed to the satisfaction of the DTSC and DOGGR. MM HAZ-4.5. Prior to the approval of any grading permit for the proposed project, all oil and gas pipelines shall be removed and the soil conditions shall be monitored by a qualified hazardous materials specialist. If soil staining is evident, the nature of the stain shall be determined. All areas containing petrolewn-stained soils shall be treated, blended, with existing soil, or excavated, depending on the petrolewn levels in the soil, to comply with appropriate specifications of the City, the DTSC and/or EP A, as applicable. Any soils removed shall be disposed of at an appropriate hazardous materials disposal site to the satisfaction of DTSC or the local oversight agency. Electric Overhead Powerlines MM HAZ-4.6. Prior to the approval of any grading permit for the proposed project, all oil and gas pipelines shall be removed and the soJ! conditions shall be Rasedale Ranch Project (GPAlZC #04-(671) Final Program Envìronmentallmpact Report ~t»k£.ù June 200!l<, 'ló' C) '" - J&S 040& rn ~ :; v ORIGINAL 15 City of Bakersfield Findings of Fact monitored by a qualified hazardous materials specialist. If soil staining is evident, the nature of the stain shall be determined. All areas containing petroleum-stained soils shall be treated, blended, with existing soil, or excavated, depending on the petroleum levels in the soil, to comply with appropriate specifications of the City, the DTSC and/or EPA, as applicable. Any soils removed shall be disposed of at an appropriate hazardous materials disposal site to the satisfaction of DTSC or the local oversight agency. Aariculture MM HAZ-4.7. Prior to the approval offmal tentative tract maps and grading approval, all areas with evidence of fertilizer or pesticide-stained soils shall be evaluated to determine the vertical and lateral extent of any such spill. All areas containing spilled fertilizer or pesticide products shall be treated, blended, with existing soil, or excavated, depending on the fertilizer or pesticide levels in the soil, to comply with appropriate specifications ofthe City, the DTSC and/or EP A, as applicable. Any soils removed shall be disposed of at an appropriate hazardous materials disposal site. All work shall be completed to the satisfaction of the DTSC or local oversight agency. Finding Changes or alterations have been incorporated into the project, which avoid or substantially lessen the significant enviromnental effects. These changes are identified in the fonn of a mitigation measure as presented above. The City hereby finds that implementation of the mitigation measures above is feasible, and is therefore adopted. Hydroloay and Water Quality Impact WQ-3. Construction and placement of residential units, landscaping, roadways, and other impenneable surfaces would alter the existing drainage patterns of the site by minimizing precipitation !Tom directly entering the soil column. Construction would create bare ground that would be exposed to potential erosion; any erosion would create a significant impact. Mitigation MM WQ-3.1. Prior to final approval of tentative tract maps and authorization of grading plans, a SWPPP shall be prepared by the project contractors and be made available to the City Engineer for inspection and comment. The SWPPP shall identifY erosion minimization and control provisions, pollution detection provisions, and pollution elimination/minimization provisions. The SWPPP shall include best available technology, engineering, and design solutions such as the use of silt screens, hay bales, modern trash screens, energy dissipaters, and/or absorbent devices. Stonnwater runoff water quality monitoring procedures shall be clearly detailed in the SWPPP. Rasedale Ranch Project (GPAlZC #04-0671) Final Program Environmental Impact Report 16 June 2005 ~Þ.Kf..s> J'S044~ ~ >- rn r I;::- <:> v OI'\IG\NP-L City of Bakersfield Findings of Fact Finding Changes or alterations have been incorporated into the project, which avoid or substantially lessen the significant environmental effects. These changes are identified in the fonn of a l1Ùtigation measure as presented above. The City hereby finds that implementation of the l1Ùtigation measure above is feasible, and is therefore adopted. Impact WQ-6. The proposed project's artificial lake would be a closed system that would be lined and have water pumped into it. Artificial lakes in closed systems could potentially have issues with algal growth and could impact human health and safety. Mitigation MM WQ-6.1. Prior to construction of the proposed artificial lake, the developer shall design and implement a lake filtration and aeration system to l1Ùnil1Ùze algae growth and to maintain sufficient water quality standards. A water quality monitoring and maintenance system also shall be installed to l1Ùnil1Ùze potential adverse health effects associated with human contact with the lake. Finding Changes or alterations have been incorporated into the project, which avoid or substantially lessen the significant environmental effects. These changes are identified in the fonn of a mitigation measure as presented above. The City hereby finds that implementation of the l1Ùtigation measure above is feasible, and is therefore adopted. Impact WQ-7. The proposed project site does not fall within a I DO-year flood zone, as delineated by the MBGP. However, there is a 38.6-acre depression near the BNSF Railroad tracks that impounds water and is designated by FEMA as a 100- year Flood Hazard Area (Zone A). If structures and other flood-sensitive development components were placed in the depression, flooding could occur and may precipitate a significant impact. Mitigation MM WQ-7.1. During the engineering and final design of the future tract maps within the portion of the site denoted by FEMA as Flood Zone A, the future development project shall be designed to raise the floodplain level within the existing area denoted by Flood Zone A, and raise building pads above flood levels. A Letter of Map Revision (LOMR) from FEMA would be required to clear the Zone A designation from the Flood Insurance Rate Maps. The LOMR would be required prior to certification of use and occupancy in the flood zone areas. Finding Changes or alterations have been incorporated into the proJect, which avoid or substantially lessen the significant environmental effects. These changes are identified in the fonn of a mitigation measure as presented above. The City Rasedale Ranch Project (GPNZC #04-0671) Final Program Environrnentallmpact Report 17 'ò~Kf..s> June 200~ ~ o _ J&S 040& ~ >;:::. C) v OR\GINAL City of Bakersfield Findings of Fact hereby finds that implementation of the mitigation measure above is feasible, and is therefore adopted. Impact WQ-8. The small depression near the BNSF Railway tracks that impounds water and is designated by FEMA as a I DO-year flood zone (Zone A). If, when grading and development plans are finalized, the depression requires filling, areas adjacent to, downstream trom, and within the depressions could be indirectly impacted by redirecting drainage or flood flows off site. The extent of flooding of these structures would depend entirely on the remaining upstream drainage patterns and the amount of volume that was displaced by the action. Flooding could occur and may constitute a significant impact. Mitigation MM WQ-8.1. Concurrent with tract map approval for the flood zone A area, the applicant shall demonstrate through hydrologic analyses that filling of existing flood zones would not adversely create new flood hazards on or off site. Specific engineering measures may be required to prevent damages (resulting trom the displacement and diversion of the floodwaters that would normally be impounded by the railroad in the preconstruction condition) to adjacent and downstream properties. Such measures may include the design and installation of detention basins. Finding Changes or alterations have been incorporated into the project, which avoid or substantially lessen the significant environmental effects. These changes are identified in the form of a mitigation measure as presented above. The City hereby finds that implementation of the mitigation measure above is feasible, and is therefore adopted. land Use and Plannina Impact LUP-3. The project area is within the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) that contains both City and County of Kern jurisdiction. Development of the project area could impact species covered under the Plan. The MBHCP is intended to meet the requirements of both state and federal endangered species acts. Upon payment of required mitigation fees and receipt of City project approval, a development applicant would become a sub- permittee and would be allowed the "incidental take" of species in accordance with state and federal endangered species laws. Mitigation MM BIO-2.1. The San Joaquin kit fox is a covered species within the MBHCP. The payment of development impact fees is considered adequate mitigation under the MBHCP to minimize impacts to sensitive species. Upon application and approval of future tract map phases within the proposed project area, the applicant shall pay the required mitigation fee or fees. Upon the payment of this Rasedale Ranch Project (GPAlZC #04-0671) Final Program Environmental Impact Report 18 June 2005 ~ME..s> ~ ~ J&S 04418'"-' - >- rn ':;. [; v ()RIGINf>,L City of Bakersfield Findings of Fact fee and receipt of City project approval, a development applicant would become a sub-pennittee and would be allowed the "incidental take" of the species in accordance with state and federal endangered species laws and mitigation requirements of all parties, state, federal, and local (MBHCP). Payment to the plan would reduce impacts to less-than-significant levels Finding Changes or alterations have been incorporated into the project, which avoid or substantially lessen the significant environmental effects. These changes are identified in the fonn of a mitigation measure as presented above. The City hereby finds that implementation of the mitigation measure above is feasible, and is therefore adopted. Noise Impact NOI-1. During the construction of the proposed project, noise trom construction activities would potentially impact noise-sensitive land uses in the immediate area. Construction noise could result in annoyance or sleep disruption for nearby residents if nighttime operations were to occur or if equipment were not properly muffled or maintained. Additionally, construction could occur within 1,000 feet of residences outside the hours allowed by the City's noise ordinance. Mitigation MM NOI-I.I. Limiting hours of construction operations: Construction activity located within 1,000 feet of residences shall be limited to the hours between the hours of 6 a.m. and 9 p.m. on weekdays, and between 8 a.m. and 9 p.m. on weekends is exempt. Impact MM NOI-3. Traffic noise was evaluated along 7"' Standard Road, Jenkins Road, and Olive Drive at segments adjacent to proposed residential land uses. Studies conclude that future residential uses along the perimeter of the proposed project site could be exposed to noise exceeding 65 dB CNEL and could be exposed to interior noise exceeding 45 dB CNEL. Exterior and interior areas of residences could be exposed to traffic noise exceeding 65 dB CNEL and 45 dB CNEL respectively. Mitigation MM NOI-3.1. Outdoor activity areas of residential areas shall be designed such that noise trom traffic does not exceed 65 dB CNEL. The project applicant shall retain a qualified acoustical consultant to design treatments for residences located adjacent to roadways in and around the proposed project area such that exterior noise levels under 2020 with-project conditions does not exceed 65 dB CNEL at outdoor activity areas. Treatments may include methods such as construction of a sound wall or earth berm between the new residences and the roadway or placement of building structures between roadway and outdoor activity areas. The acoustical consultant will prepare and submit to the City a report detailing June 2005 Rasedale Ranch Project (GPAlZC #04-0671) Final Program Environmental Impact Report 19 J&S 04418 ~Þ.K€..s> ~ ~ >- ¡;; ~ D v ORIGINAL .._.._._.-"-.-.----.~T~.~_____·.O<.. ____~___ City of Bakersfield Findings of Fact the acoustical treatments to be used for compliance with this perfonnance standard. The report must be reviewed and approved by the City before a building pennit will be issued. The design of project buildings will reflect the approved report. MM NOI-3.2. Interior areas of residential units shall be designed such that noise from traffic does not exceed 45 dB CNEL. The project applicant shall retain a qualified acoustical consultant to ensure that interior noise levels at residences does not exceed 45 dB Ld' under 2020 with-project traffic conditions. If treatments are necessary, treatments may include installing acoustically rated doors and windows, and blocking sound transmission paths through vents or other openings in the building shell. The acoustical consultant will prepare and submit to the City a report detailing compliance with the interior noise perfonnance standard or, if necessary, the acoustical treatments to be applied to the building for compliance with the interior noise perfonnance standard. The report must be reviewed and approved by the City before a building pennit is issued. Finding Changes or alterations have been incorporated into the project, which avoid or substantially lessen the significant envirorunental effects. These changes are identified in the fonn of mitigation measures as presented above. The City hereby finds that implementation of the mitigation measures above is feasible, and is therefore adopted. Impact NOI-4. The distance to the 65 dB CNEL contour from rail activity will range from approximately 290 to 630 feet. Assuming nominal exterior-to-interior noise reduction of 20 dB, residences located adjacent to the track could be exposed to interior noise exceeding 45 dB CNEL. Exterior and interior areas of residences could be exposed to train noise exceeding 65 dB CNEL and 45 dB CNEL respectively. Mitigation MM NOI-4.1. Outdoor activity areas of residential areas shall be designed such that noise from trains does not exceed 65 dB CNEL. The project applicant shall retain a qualified acoustical consultant to design treatments for residences located adjacent to the BNSF track such that exterior train noise does not exceed 65 dB CNEL at outdoor activity areas. Treatments may include methods such as construction of a sound wall or earth benn between the new residences and the track or placement of building structures between the track and outdoor activity areas. The acoustical consultant will prepare and submit to the City a report detailing the acoustical treatments to be used for compliance with this perfonnance standard. The report must be reviewed and approved by the City before a building pennit will be issued. The design of project buildings will reflect the approved report. MM NOI-4.2. Interior areas of residential units shall be designed such that noise from trains does not exceed 45 dB CNEL. The project applicant shall retain a qualified acoustical co"sultant to ensure that interior noise levels from trains at Rosedale Ranch Project (GPAJZC #04-(671) Final Program Environmental Impact Report 20 June 2005 '<. ~¡:"KE..s>ó' o ~ J&S 04418>- rn r- >:::- D v ()P.IG\NAL City of Bakersfield Findings of Fact residences does not exceed 45 dB CNEL. If treatments are necessary, treatments may include installing acoustically rated doors and windows, and blocking sound transmission paths through vents or other openings in the building shell, The acoustical consultant will prepare and submit to the City a report detailing compliance with the interior noise performance standard or, if necessary, the acoustical treatments to be applied to the building for compliance with the interior noise performance standard. The report must be reviewed and approved by the City before a building permit is issued. Finding Changes or alterations have been incOlporated into the project, which avoid or substantially lessen the significant environmental effects. These changes are identified in the fonn of mitigation measures as presented above. The City hereby finds that implementation of the mitigation measures above is feasible, and is therefore adopted. Impact MM NOI-5. Commercial and industrial uses that could be allowed under the general plan and planned zoning include a wide range of commercial retail, office uses, service uses, restaurants, automobile service uses, machine shops, storage spaces, and manufacturing and warehousing, to name a few. Noise sources commonly associated with commercial and industrial property include air conditioning units, trash compactors, fans, compressors, and truck deliveries. Noise from this type of equipment and activity could result in noise at residences that exceeds City noise standards for non-transportation noise sources. Mitigation MM NOI-5.1. Commercial and industrial uses shall be designed such that noise ITom operations does not exceed City noise standards for non-transportation sources. The project applicant shall retain a qualified acoustical consultant to design treatments for commercial and industrial uses such that residences located adjacent to these uses will not be exposed to noise exceeding City standards for non-transportation uses. Treatments may include methods such as: · limits on hours of operations, · use of enclosures or localized barriers around equipment noise sources, · placement of barriers between the residences and corrunercial and industrial uses, and · use of mufflers on equipment exhaust. The acoustical consultant will prepare and submit to the City a report detailing the acoustical treatments to be used for compliance with this perfonnance standard. The report must be reviewed and approved by the City before a building permit will be issued. The design of commercial and industrial uses will reflect the approved report. Rasedale Ranch Project (GPNZC #04-0671) Final Program Environmental Impact Report Finding Changes or alterations have been incorporated into the project, which avoid or substantially lessen the significant environmental effects. These changes are 'òÞ.K~..s> June 200~ ~ J&S 0441f: ~ - <:> v ORIGINAL 21 City of Bakersfield Findings of Fact identified in the fonn of a mitigation measure as presented above. The City hereby finds that implementation of the mitigation measure above is feasible, and is therefore adopted. Public Services and Utilities Impact PS-6. Construction of the proposed project would result in the generation of construction debris that would otherwise enter the solid waste stream. Addition of construction debris could shorten the life of area landfills. Mitigation MM PS-6.1. Prior to the issuance of any building permit, developers within the proposed project site shall submit to the City for review and approval a plan to separate recyclable/reusable construction debris. The plan shall include the method the contractor will use to haul recyclable materials and shall include the method of and location of materials disposal. The builders shall be responsible for hauling their own construction debris to the Mount Vernon Facility or entering into a contract with a licensed hauler for disposal of construction debris. Finding Changes or alterations have been incorporated into the project, which avoid or substantially lessen the significant environmental effects. These changes are identified in the fonn of a mitigation measure as presented above. The City hereby finds that implementation of the mitigation measure above is feasible, and is therefore adopted. Transportation and Traffic Impact TR-l through TR-4. Temporary increases in traffic could occur as a result of project construction. Construction could have the potential to worsen level of service on study area roadways, increase safety hazards, interfere with emergency accesS and circulation, and result in inadequate parking for construction equipment and workers. Mitigation MM TR-l.l. Develop and implement a traffic control plan: Prior to begirming construction of any portion of the proposed project, the contractor shall develop and implement a Traffic Control Plan. The Traffic Control Plan shall be implemented throughout the course of project construction, and shall include the following elements: . contain a plan for commulÚcating construction plans with transit providers, emergency service providers, residences, and businesses located in the project vicilÚty, and anyone else who may be affected by project construction; Rasedale Ranch Project (GPAlZC #04-(671) Final Program Environmental Impact Report 22 <Q(>.Kf-9ó' June 200~ '" rñ J&S0441~ :; v ()I'\\GINP-L City of Bakersfield Findings of Fact · identify roadway segments or intersections that are at or approaching level of service that exceeds local standards, and provide for construction-generated traffic to avoid these locations at the peak periods, either by traveling different routes or by traveling at non-peak times of day; · contain an access and circulation plan for use by emergency vehicles when lane closures and/or detours are in effect; iflane closures occur, provide advance notice to local fire and police departments to ensure that alternative evacuation and emergency routes are designed to maintain response times; · maintain access to existing residences in the area at all times; · provide for adequate parking for construction trucks and equipment within the designated staging areas throughout the construction period; · provide adequate parking for construction workers within the designated staging areas; · restrict delivery of construction materials to between the hours of9:00 a.m. and 3:00 p.m. to avoid more congested mornillg and evening hours; · require traffic controls on roadways adjacent to the proposed project, including flag persons wearing bright orange or red vests and using a "Stop/Slow" paddle to control oncoming traffic; construction warning signs should be posted in accordance with local standards or those set forth in the Manual on Uniform Traffic Control Devices (FHW A 200 I), in advance of the construction area and at any intersection that provides access to the construction area; · require that written notification be provided to contractors regarding appropriate routes to and !Tom the construction site, and the weight and speed limits on local roads used to access the construction site; · specify that a sign be posted at all active construction areas giving the name and telephone number or email address of the City staff person designated to receive complaints regarding construction traffic. Finding Changes or alterations have been incorporated into the project, which avoid or substantially lessen the significant environmental effects. These changes are identified in the form of a mitigation measure as presented above. The City hereby finds that implementation of the mitigation measure above is feasible, and is therefore adopted. Impact TR -7. Emergency access would not be precluded during long-term operations of the project. Adequate circulation is provided within the project site, and the detailed tract maps will be reviewed by the Bakersfield FD prior to approval at a tract map level. All fire department standards would need to be complied with during final design to minimize impacts to emergency access. Mitigation MM TR -7. I. Prior to approval of tentative tract maps for subsequent phases of the proposed project, construction plans shall be approved by the Fire Marshall <õ¡>..Kc..s> Rosedale Ranch Project (GPAlZC #04-0671) June 20~ ~ Final Program Environmental Impact Report 23 >- rn J&S044~ b v ()I'\\GINAL City of Bakersfield Findings of Fact or appropriate representative to ensure that all fire code requirements are incorporated into the proposed project design. All development within the proposed project area shall confonn to codes and access requirements established by the Unifonn Fire Code and City of Bakersfield Municipal Code Sections 15.64.010 to 15.64.480. Finding Changes or alterations have been incorporated into the project, which avoid or substantially lessen the significant environmental effects. These changes are identified in the fonn of a m;tigation measure as presented above. The City hereby finds that implementation of the mitigation measure above is feasible, and is therefore adopted. Impact TR-8. Detailed plans have not yet been prepared for the project components. However, all residential, commercial, industrial, and other land uses would be required to provide adequate parking in accordance with the City's Municipal Code. . Mitigation MM TR-8.1. During design of tentative tract maps for subsequent phases ofthe proposed project, adequate parking shall be provided in accordance with City of Bakersfield Municipal Code standards. Construction plans shall be reviewed and verified by the Planning Department that the project components provide appropriate parking to minimize offsite parking impacts or neighborhood intrusion. Finding Changes or alterations have been incorporated into the project, which avoid or substantially lessen the significant environmental effects. These changes are identified in the fonn of a mitigation measure as presented above. The City hereby finds that implementation of the mitigation measure above is feasible, and is therefore adopted. Significant Unavoidable Environmental Impacts Aaricultural Resources Impact AGR-I. The proposed project site contains 1,655 acres designated as "Prime Farmland," containing Class 1 and Class 11 soils. Subdivision of lands such as these results in substantial prime agricultural acreages being taken out of agricultural production. Conversion of faITIÙand on the proposed project site is considered a significant impact for the following reasons: . the entire site consists of prime soils; . water for irrigation is readily available on site; 24 <Q >.Kê..s> June 2005 ~ ~ >- rn J&S04418,::: D v ()R\GINAL Rasedale Ranch Project (GPAlZC #04-0671) Final Program Environmental Impact Report City of Bakersfield Findings of Fact · areas surrounding the site are currently actively farmed; · the proposed project site, as well as surrounding parcels, have a zoning designation of A (Exclusive Agriculture); · the MBGP designates neighboring lands as Intensive Agriculture; · the site is immediately adjacent to the north of Williamson Act contracted lands; · the proposed project could affect the application of agricultural chemicals on other agricultural properties; and · residential development is proposed adjacent to agricultural uses. Mitigation No mitigation is available that would feasibly reduce environmental impacts associated with agricultural land conversion to less than significant levels. Finding There is no feasible mitigation or alternative that could substantially lessen the significant environmental effects. Relative to the conversion of famùand to non- famùand (development) uses, this impact is not a new impact. As detailed in the PEIR, the appropriate land use for the site has been evaluated several times, and the General Plan reflects the City's previous consideration and detennination of the location of new development and loss of agricultural land. Agricultural conservation easements were evaluated as a mitigation measure. Such measures are deed restrictions placed on property that keep the land in agricultural use. There are two methods that could be used for such mitigation. The first is that the applicant could pay a fee into a conservation easement fund or trust, and then the fund/trust uses the fees to find land over which to impose the agricultural easement, and implements all the details to ensure the fee has the intended mitigation effect. A second method would be for the applicant himself to pursue such an easement. This second method is not considered feasible due to the extraordinary effort it would require of the applicant, given that the site has been designated for development for several years. In addition, this method would be a project-by-project approach, which, given the project's consistency with the General Plan, is not considered appropriate for a regional issue. There is presently no fund or trust in place for the general project area, including the City of Bakersfield and Kern County. Similarly, neither the City nor the County has any type of established program for such mitigation. One of the comments on the PEIR indicated that such a fund is being established through the Great Valley Center, but the City was not able to confmn that such a fund is already established. In order to truly provide mitigation, there must be land available for the easement. Because both the County and the City previously evaluated their future land use and detennined locations for agriculture to remain and for development to replace agriculture, neither the City nor the County have identified any areas that are appropriate for an agricultural easement as an additional agricultural protection mechanism. Therefore, because of the lack of an existing program and requirement for easement funding and a program that would provide oversight for implementing and monitoring an easement, the City has detennined that no additional mitigation is feasIble. Rasedale Ranch Project (GPAlZC #04-0671) Final Program Environmental Impact Report 25 ~"Kt..s> June 2005'<. ~ o __ J&SQ441r ~ r;. C;¡ ,.) ,,>\\(;\NAl -.-- -_.~._.~----,,----------. -------- City of Bakersfield Findings of Fact Relative to the impact of conversion on other agricultural adjacent or nearby areas, buffer areas are already provided in the fonn of perimeter walls and major arterial roadways that separate the site from nearby agricultural operations. However, because of the level of urban development proposed for the site, the proposed project would not be compatible with surrounding agricultural land uses and operations, until such a time those lands are converted to urban and developed uses. Therefore, no other feasible mitigation is available and impacts would continue to be significant, and, therefore, are unavoidable Specific economic, legal, social, technological, or other considerations, including provisions of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR. Impact AGR-3. Changes to the project site could affect adjacent agricultural land by limiting the agricultural feasibility of the land. The project could result in new restrictions and limitations on pesticides, fungicides, and herbicides used on the crops, noise, burning, and dust that could affect crop production. The project also could increase traffic and pollution that could hann sensitive crops and water supply could decline due to increased competition with the new residential uses and place fann equipment on roadways in close proximity to people. Mitigation AGR-3.1. Prior to occupancy of any residential units, if any adjoining properties are still in agricultural use and have not received entitlements for development, then, prior to issuance of certificates of use and occupancy, the applicant will demonstrate that future residents will be infonned about adjacent agricultural use. This demonstration may take the fonn of a covenant filed on the Rosedale Ranch (which would be disclosed to future residents through the purchase process), or through disclosure fonns to be signed by new residents. The covenant or disclosure fonn will provide that each resident acknowledges that he/she is moving into an area where there is active agriculture, and understands that such agricultural use, including all activities necessary to support agriculture, including but not limited to pesticide use, dust generated by plowing, and slow- moving agricultural vehicles, will continue. Finding Changes or alterations have been incorporated into the project, which reduce significant environmental effects. However, this mitigation would not reduce impacts to less than significant levels. Specific economic, legal, social, technological, or other considerations, including provisions of employment opportunities for higWy trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR. 26 ~ I.K~..s> June 2005 ð ~ J&S 04418>- ~ '-;. D 'J "q\GINAL Rasedale Rancl1 Project (GPNZC #04-0671) Final Program Environmental Impact Report City of Bakersfield Findings of Fact Noise Impact NOI-2. Offsite traffic noise from project-related traffic increase in terms of Average Daily Traffic (ADT) could increase 10% or more. This increase would affect existing and future residents whose homes are adjoining existing or proposed roadways. Significant impacts as a result of a substantial increase in noise levels would occur along Snow Road, Allen-Calloway; Kratzmeyer Road, Allen-Jewetta; Renfro Road, Hageman-SR 58; and Allen Road, 7"' Standard- Hageman. Except for one location, which will exceed the noise standard, this impact is related solely to the increase in noise because of project traffic compared to existing conditions, and not to an exceedance of the adopted noise standard. Traffic is projected to exceed 65 Ld", the compatibility standard of residences along only along Allen Road from 7"' Standard to Hageman. This impact is therefore significant and unavoidable. Mitigation No feasible mitigation is available to reduce impacts to less than significant levels. Finding Changes or alterations have been incorporated into the project that substantially lessen the significant environmental effects but not to a level of less than significant. The only mitigation for this increase would be noise walls, but the noise standard is not exceeded, and future development along these roads would most likely implement any noise walls as part ofthat development. In addition, the City would need to implement noise walls because they would either need to be placed in City right-of-way for the streets, or land would have to be obtained from the existing landowners. It is not reasonable to require construction of extensive noise walls in areas that are not currently developed, but are expected to be developed in the future based on the existing general plan. For the reasons described above, the City has determined that mitigation of those locations is not reasonable or feasible. For the one location where there will be an exceedance of the standard in the year 2020, the proposed project contributes to a 3-dB increase in noise. A 3-dB increase is just barely perceptible to the human ear. On Allen Road, from 7"' Standard to Hageman, development is currently limited to farms. The land fronting onto Allen Road in this location is planned for a variety of residential and public services uses. At the time that the City approves a development plan for the area along that segment of Allen Road, and if the City enacts a citywide noise mitigation program, the project applicant will contribute to the noise mitigation program on a fair-share basis. Because there is currently only one sensitive receptor (a farmhouse), and because it is more appropriate to incorporate any noise walls concurrently with future development of the area along Allen Road, the City has determined that no other mitigation is appropriate at this time. Rasedale Ranch Project (GPAlZC #04-0671) Final Program Environmental Impact Report 'òÞ.K~..s> June 2005 ~ ~ J&S 04418 >- ~ ~ <:> v ORIGINAL 27 City of Bakersfield Findings of Fact Specific economic, legal, social, technological, or other considerations, including provisions of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final ErR. Transportation and Traffic Impact TR-5. The proposed project is estimated to generate 162,583 trips per day at buildout with 92,340 extemal daily trips. This traffic would generate significant impacts at several roadways and intersections within the City that exceed the level of service (LOS) of C. This is considered a significant impact to traffic operations. Mitigation MM TR-5.l. a) Prior to approval of each Tentative Tract, Vesting Tentative Tract, or Parcel Map (except Parcel Maps for financing or conveyancing purposes only that require further subdivision prior to development) for residential projects and PCD or Site Plan applications for other uses, the applicant shall confirm the specific traffic circulation improvements that will be implemented with that tentative map, PCD or Site Plan as identified in the Traffic Impact Study (Ruettgers & Schuler 2005) to: I) provide the traffic circulation improvements necessary to serve the immediate Map area and 2) maintain the City's adopted minimum level of service standard (currently LOS C) on the roadway network that will be impacted by the project traffic, or, for those 12 intersections and 5 roadways that cannot be improved to the minimum level of service standard or better, with or without the project, to provide the project fair- share contribution to the improvements. The necessary improvements are identified in Tables 3N-13 and 3N-14 of this Draft PEIR. b) To demonstrate that appropriate mitigation is being provided with each Final Map, the process will be as follows. · The applicant will provide confirmation ofthe traffic analysis for each map, PCD or Site Plan based on current information on the status of RTIF and local improvements at the time of tentative map, PCD, or Site Plan consideration. · The applicant and the City will identify the incremental improvements applicable to the tentative map, PCD, or Site Plan to be implemented through one or more of the following methods: · Build the improvements (if all necessary rights-of-way are available) and, if applicable, receive reimbursement credits for any percentage share not attributable to impacts caused by traffic generated fiom the map, PCD, or Site Plan. · Pay the City per unit mitigation fee. 28 ~f>,.Kl:-9. June 2005 «. 0' o ~ J&S 04418':, ~ ~ <:> ? "p\r.,\NAL Rosedale Ranch Project (GPAlZC #04·0671) Final Program Environmental Impact Report City of Bakersfield Findings of Fact · In the event all necessary rights-of-way are not available at the time the applicant confirms the specific traffic circulation improvements to be implemented, the applicant shall pay the City the per unit mitigation fee in lieu of constructing the improvements. · The project applicant and the City will verify the timing of the improvements to be constructed by the applicant for recordation of each Map, PCD or Site Plan, and shall establish the threshold at which the improvements shall be constructed. The threshold shall depend on the particular improvement, the project fair-share contribution to the improvement and the nature of the particular Map/PCD/Site Plan, and may be tied to the number of lots within the Map area that may be recorded as part of a Final Map or Partial Final Map. c) For those improvements to be constructed by the City using mitigation fees paid by the project applicant and other sources of financing, the applicant's obligation will be satisfied by payment of the fees. Findings Changes or alterations have been incorporated into the project that substantially lessen the significant environmental effects but not to a level of less than significant. Almost all of the deficient conditions can be improved to a level of service C through the project build out year of 2020 with a combination of signalization and roadway widening. Many of these improvements have been anticipated and are included in the RTIF program. Even with the mitigation, there are a total of 12 intersections and five roadways that will operate below level of service C even with full improvements. Of these, nine intersections and four roadway segments will operate in this condition with or without the project. These facilities are as follows: Intersections · Coffee Road at Truxtun Extension · Coffee Road at Brimhall Road · Rosedale Highway at Coffee Road · Stockdale Highway at Coffee Road · Gosford Road at Ming Avenue · Seventh Standard Road at Coffee Road · Seventh Standard Road at Calloway Drive · 7th Standard Road at Zerker Road · 7th Standard Road at Saee Rudd Road · Seventh Standard at Renfro Road · Stockdale Highway at Old River Road/Calloway Drive · Calloway Drive at Brimhall Road Roadways Rasedale Ranch Project (GPAlZC #04-0671) Final Program Environmental Impact Report 29 ~ 'òAK<:'9 June 200f <!; J&S 044S f!: ORI64NAft> City of Bakersfield Findings of Fact · 7" Standard Road - in the vicinity of Zerker Road and at SR-99 · Olive Drive - Fruitvale Avenue to SR-99 · Hageman Road - Calloway Drive to Coffee Road · Rosedale Highway - Calloway Drive to SR-99 · Coffee Road - Brimhall to Stockdale Highway It is noted that most of these facilities will operate below level of service C with or without this project in their ultimate configuration. Provided that the regional transportation improvements and the RTIF and local mitigation improvements are constructed, the street system should have adequate capacity to operate at an acceptable level of service with the exception of the facilities stated above. For those intersections and roadways that cannot be fully mitigated, the City has detennined that mitigation would require additional improvements (for example, additional through lanes and turning lanes) that would exceed the City's current design standards. Such improvements are not feasible because of the high cost and magnitude of impact (for example, substantial residential and commercial displacements). Therefore, not all impacts would be reduced to less-than- significant levels and impacts would remain significant and unavoidable. The City hereby finds that implementation of the mitigation measure above is feasible, and is therefore adopted, yet a significant unavoidable impact would remain. Specific economic, legal, social, teclmological, or other considerations, including provisions of employment opportunities for higJùy trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR. Alternatives to the Proposed Project Alternative 1A. No Project/No Build Alternative Under this alternative, no aspect of the originally proposed project would be constructed and the project area would remain in its current condition. Agriculture operations would continue onsite with the cultivation and harvesting of almonds and row crops. The existing General Plan land use designation and zoning would be retained, but no development would occur. Finding The City hereby finds that the No Project/No Build Alternative is infeasible. This alternative does not meet any of the Project Objectives. This alternative would realistically only be an interim use of the site. The City and County General Plan designate the site for development. Development extending north and west from the City is approaching the proposed project area. Surrounding areas to the southeast are currently experiencing rapid suburban development. There has been no indication that any group desires to purchase the site for open space preservation or use other than that allowed by the General Plan. Thus, Rasedale Ranch Project (GPAlZC #O4-0671) Final Program Environmental Impact Report 30 ~ ?;A/(~ () if ~ ..,., June 2005 I- (r, - t- V <:> J&S04418 ~A' City of Bakersfield Findings of Fact while this alternative is marginally feasible as an interim use, it is not a feasible long-tenn alternative, and has therefore been eliminated from consideration. Alternative 2. No Project/Reasonably Foreseeable Development Alternative Under the No-Project Reasonably Foreseeable Development Alternative, the proposed project would not be constructed. However, according to the Metropolitan Bakersfield General Plan, incorporating the Western Rosedale Specific Plan, the project site is planned for development including approximately 9,800 residential units, approximately 870,000 square feet of general commercial uses, approximately 19 million square feet of light industrial uses, and approximately 3.8 million sq. ft. of service industrial uses. Finding The City hereby [mds that the No Project! Reasonably Foreseeable Development Alternative is infeasible. While this alternative meets all of the project objectives, it is a much denser development than the Proposed Project, and the market support for that density has not been established at this time. This alternative does not avoid or substantially lessen any of the significant impacts, and thus the City has determined that this alternative is not feasible, and has therefore been eliminated from consideration. Alternative 3. Reduced Development Intensity Alternative 3 would involve development of the site similar to the project configuration, but at a reduced density compared to that proposed by the General Plan Amendment. This alternative would involve approximately 4,854 residential Wlits, approximately 2.0 million sq. ft. of commercial uses, and approximately 2.6 million sq. ft. of industrial uses. Finding This alternative meets most of the Project Objectives, but it does not fulfill those objectives to the same level as the Proposed Project does for the following reasons: I) since this alternative has approximately 1,500 fewer dwelling units, it does not help the City to meet it's housing goals to the same extent that the Proposed Project does, 2) the lower intensity of development overall may not provide for the same level of achievement of goals for a self-sustained community, Village Center and mutual support between the residential and other uses. Because this development does not provide the same intensity as the Proposed Project, this alternative wilI not provide the City with the same type of project; opportunities for Wlique and creative solutions to urbanization, based on a lesser critical mass will likely result in a more traditional development that the City may consider "more of the same." As evidenced by the Western Rosedale Specific Plan adopted by Kern County ten years ago, this property has long been planned for densities above the traditional nann for much of the City of Bakersfield and surrounding area. This reduced density would likely not include the diversity of housing types nor support the recreational community amenities 'òÞ.Kf. ¿< 1<J' Rosedale Ranch Project (GPAlZC #04-0671) June 2JK)5 ~ Final Program Environmental Impact Report 31 '::. J!! J&S~8 t) ORIGINAl City of Bakersfield Findings of Fact compared to the Proposed Project. Additionally, the lower density alternative is inconsistent with the anti-sprawl principles of Smart Growth, efficient use of infrastructure and walkable communities. Thus, the City has determined that this alternative is not feasible, and has therefore been eliminated from consideration. Alternative 4. Very Low Density Development Alternative with Agricultural Preservation Alternative 4 would involve 3,941 residential units, and approximately 600 acres of the site to remain under agricultural production. Commercial and industrial development would be reduced compared to the proposed project to 1.6 million sq. ft. and 2.1 million sq. ft of commercial and industrial uses, respectively. Finding This alternative marginally meets most of the Project Objectives, but it does not fulfill those objectives to the same level as the Proposed Project. With the low intensity of development, it will be difficult to achieve the critical mass and site design necessary to support a self-{;ontained community, a range of housing types, and a fiscally sound mixed-use development. In particular, the residential unit count is likely to result in a very limited range of housing types and affordability. Similar to alternative 3, the development portion would likely be a typical development and not include creative strategies. The agricultural component is not feasible because of the difficulties in continuing to fann with adjacent development. Furthennore, once the surrounding area develops, it will create substantial pressure to convert remaining farmland on the site. No group or agency has indicated a desire to purchase the land in order to continue farming it, and it is not expected that such a proposal would be forthcoming on even a portion of the land, given the substantial remaining farmland in the area. Thus, the City has determined that this alternative is not feasible, and has eliminated it from consideration. Alternative 5. High-Density Alternative This alternative would include development of the site with approximately 22,000 residential units, 2.6 million square feet of commercial, and 3.5 million square feet of industrial uses. Finding This alternative meets all the project objectives. This alternative may not be feasible from a practical standpoint, since it involves a substantial increase in development intensity compared to the existing General Plan. More importantly, this alternative does not avoid or substantially lessen any significant impacts. Therefore, it is not a reasonable alternative and has been eliminated from consideration. Rasedale Ranch Project (GPAlZC #04-0671) Final Program Environmental Impact Report 32 ~/>. (i?..s> June 200~ ~ >- - J&S 044\8- P2 ã <:> ORIGINAL Exhibit E Statement of Overriding Considerations x~Þ.Kê..s> C) ~ >- m ,.... r- ã <:> ORIGINAL Statement of Overriding Considerations Rosedale Ranch Project GPAlZC No. 04-0671 Pursuant to Section 15093 of the CEQA Guidelines, the City must balance the benefits of the proposed project against unavoidable environmental risks in detennining whether to approve the project. The proposed project would result in significant unavoidable impacts to agricultural resources, noise, and transportation/traffic. Findings of Fact have been developed, which provide that mitigation measures and/or alternatives to the proposed project that would substantially reduce or avoid these significant impacts are infeasible. The proposed project offers several benefits that outweigh the unavoidable adverse environmental effects of the proj ect. These benefits are described in detail in the PEIR, and include the following: · The proposed project provides a mixed-use urban center that would serve as an entertainment and service center, as well as a gathering place for a wide range of community activities and special events for future residents of Rosedale Ranch, and a large population of existing and future residents to the south and east of the proposed project site; · The project provides a model for a new sustainable, wa1kable community with its own identity that incorporates a range of housing types interconnected via pedestrian-oriented parks, greenbelts, and trails; · The proposed project includes extensive parks and recreation facilities, exceeding City requirements; · The proposed project assists the City in meeting its share of the regional housing need, as reflected in the Regional Housing Allocation Plan for near-tenn (five year period) needs, and in adopted long tenn forecasts; · The proposed project provides a fiscally sound mixed-use development that would encourage mutual support between residential and proposed commercial and industrial areas and that will continue to support the provision of municipal services throughout the City; · The proposed project reduces resident and worker automobile dependency by encouraging pedestrian activity (including providing for safe and efficient pedestrian traffic movement) and providing opportunities for employment nearby; · The proposed project contributes to overall protection for sensitive species through the payment ofMBHCP mitigation fees; · The proposed project sets aside land for the future West Beltway right-of-way; · The proposed project will provide shopping, office, entertainment and services for a large area of northwest Bakersfield, which is designed to relieve some of the traffic pressure for longer commutes to shopping areas and centers of activity; · The proposed project is estimated to generate approximately 13,690 jobs at buildout; Rasedale Ranch Project (GPNZC #04-0671) Final Program Environmental Impact Report l. ~Me.£ d' ~ June 200!Þ- rn ,.... r- - <:> J&S04418V ()RI(;!NAL City of Bakersfield Statement of Overriding Considerations · The mix of uses in the proposed project is designed to provide a high j ob-housing ratio (approximately 2.13 jobs per housing unit); · The proposed project implements new development on a site currently planned for development and consistent with General Plan Goals and Policies, in a phased, orderly manner, coordinated with the provision of infrastructure and public improvements; · The proposed project implements a comprehensive road and infrastructure improvement phasing program that assures adequate capacity for buildout of the planned development while incorporating attractive streetscape and landscape standards; and · The proposed project assures adequate provision of inÍÌ"astructure and utilities to serve the proposed proj ect site and vicinity. 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[; v ORIGINAL RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: RECORDING REQUESTED BY CITY OF BAKERSFIELD RECORDING FEES EXEMPT DUE TO GOVERNMENT CODE SECTION 27383 City Clerk (Space Above Line For Recorder's Use Only) DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF BAKERSFIELD AND ROSEDALE RANCH s: p!,mniIl~ _-\~rs 05-06 De,~kplT.c:'.! A¡:r~menls \CFD\Rc's<'\1¡ie Rch. iO-15·05,DC)C x 'òl\KS'..s> <:> ~ - >- m I0/25/0~ r; ()RIGINIIL TABLE OF CONTENTS Pa\1:e SECTION I. PUBLIC BENEFIT. ..................................................................................................4 A. Park Facilities Fee. ...................................................................................................4 B. Fire and Police Equipment Impact Fee. ...................................................................4 C. Community Facility District. ...................................................................................5 SECTION II. PROJECT DEVELOPMENT.................................................····....·.........................5 A. Pennitted Uses. .... .................................................... ...............................................5 B. Rules, Regulations and Official Policies.................................................................·5 1. Applicable Rules........................................................·.···..·..··..········..···..·..··5 2. Conflicting Enactments.....................................,...........··..·..· .......................6 3. Setbacks, Design Guidelines, Landscape Guidelines and Park Improvements................ ....... ......................... ........................ ......................6 4. Changes in Rules, Regulations and Official Policies...................................6 5. Development Agreement Parity.........................................................·..·..····7 C. Future Approvals......................................................·..........·.·..········....·....····..·..·.... 7 D. Pennitted Fees and Exactions ..................................................................................7 E. Reservation of Land for West Beltway....................................................................7 F. Pennitted Conditions...........................................................··············..···....·....········· 8 G. T enn of Map( s) .......................................................................................................8 H. Timing of Development. ........................................................ ...................... ............9 I. Moratorium........................................................·..···.......··················..··..············..··· 9 J. Inrrastructure Capacity...............................................·..·....···········..····..···..·······..····· 9 K. Infrastructure Phasing Flexibility........................................................................... I 0 L. Development Agreement/Project Approvals .........................................................10 s:··.Plonnmß'....~·I1~·iJ6 D",cI~pln"," _~",",'t'm""" iÇFD;'~e ~I>-Kê..s> ~ ~ >- ¡;; 10/25/2005 I;::. [; v ORIGINÞ-l !MI,IO_~S"'~ DIX- M. Water Supply/Availability. ....................................................................................10 SECTION III. COOPERA TIONIIMPLEMENT A TION .............................................................10 A. Further Assurances; Covenant to Sign Documents................................................IO B. Reimbursement ......................................................................................................1 0 C. Public Financing of Improvements ........................................................................11 I. General Parameters ....................................................................................11 2. Public Improvements .................................................................................11 3. Financing Parameters .................,................,.............................,..,..,..........12 D. Processing............................................................................................................ ..12 E. Processing During Third Party Litigation.............................................................. 12 F. Defense of Agreement............................................................................................13 G. DesignlDevelopment Standards .............................................................................13 1. Easements ..................................................................................................13 H. Model Homes .........................................................................................................13 1. Amendments to Entitlements .................................................................................13 J. Annexation...........................,................................................................................ .13 K. Maintenance Obligations ................. ......................................................................14 SECTION IV. GENERAL PROVISIONS ..................................................................................14 A. Covenants Run with the Land................................................................................14 B. Transfers and Assignments ....................................................................................14 1. Right to Assign ..........................................................................................14 2. Liabilities Upon Transfer ...........................................................................15 C. Mortgagee Protection ........................ .....................................................................15 D. Statement of Compliance .......................................................................................16 E. Default ....... ............. ...... ............................................. .................... ....................... .17 <¡'Í'K£", d- ~ - 10/25/2005 ;:;. g; v ()R\GINAL A,µ-=''t'" ¡CfD,-.RüsuJalc ii S,··Pl"""Ul~'.~Ç'o~15-11C'> Dc'dopma" Rch.lfl'::S...'5:XX- F. Annual Review ,..............,.......................................................................................17 G. Waiver; Remedies Cumulative ..............................................................................18 H. Term ...................................................................................................................19 I. Termination. ...........................................................................................................19 J. Supersedure by Subsequent Laws ..........................................................................20 K. Amendment of Agreement.... .............. .........,...............................,..........,............ ..20 L. Operating Memoranda....................................... ................................................... .20 M. Compliance With All Laws...............................,........,.........·.....·..··......·................21 N. Corporate Authority ...............................................................................................21 O. Third Party Litigation. .....................................................................................,...21 P. Indemnity...............................................................··.......·....··..···..··....·....····..···..· ..21 Q. Resource Allocation...................................................................·········....···..··......··22 R. Title To Documents..........................................................·..··········....·....·..····......·· .22 SECTION V. MISCELLANEOUS ..................................... ........................................................22 A. Negation of Partnership...........................................................·...····..·......···..··..···· .22 B. No Third Party Beneficiary ....................................................................................22 C. Entire Agreement................................................................··....·····..··..·..········..··.. .22 D. Severability...........................................................··.......·....·····..·····..···..······..······· .22 E. Construction of Agreement.............................................·.......·..·········..·......··......· .23 F. Binding Effect....................................................··.....·....···....··..·········....·········....·· .23 G. Execution...........................................................··......··....·····················....······....··· .23 H. Section Headings.......................................................···......·..··············..·······..··..··· .23 I. Governing Law....................................................................······..·······....··············· .23 J . Notices.............,..........................................················....···..·············....·················23 K. Time is of the Essence............................................................................................24 X 'QI\.Kê",ó' o '<' >- ¡;; 10/25/2005-ð [; ORIGINAL ....;:r=....,. (CfD','R,,>ð.ialc III S,··PI.[mm~'.'\,¡r.,·,I1S.06 Devd,'pn''''l R,h_W-25-n5DO: ___~,. _._....~,,_,_M'._.__._,__,._..__.,_ __ ,._.__.~m.__"_ _._~ .-.--...-.....,. -,.--..-----.-.-.-..---- M. Invalidity of Provisions. .................... ..... ............................................................... .24 N. Counterparts. ...... .... ... ....................... ................................. ......................... .......... ..24 O. Recordation.... .... ................................................................................................... .25 S:'.Pl"",,",g'A¡¡r,\Oj-()6 D<....clnpmt..l A~a1t.i (CFD)\Rosedale IV 'QÞ-K£,£ ~ 'S >- ¡T1 l0/25120~ C; ORIGIN,.,L R,·h.ll)·~<~).'_DOC DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF BAKERSFIELD, GARDINER FAMILY, LLC, AND ROSEDALE FARMING GROUP, LLC THIS DEVELOPMENT AGREEMENT ("Agreement") is made and entered into as of this 9th day of November, 2005, by and between the CITY OF BAKERSFIELD, a charter city ("City"), and the GARDINER FAMILY, LLC, a California limited liability company and ROSEDALE FARMING GROUP, LLC, a California limited liability company (collectively, "Owner"). R E C I TAL S: WHEREAS, the lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of housing and other development, and discourage investment in and commitment to comprehensive planning which would make maximum efficient utilization of resources at the least economic cost to the public; and WHEREAS, California Government Code Sections 65864-65869.5 (the "Development Agreement Statute") were therefore enacted authorizing a municipality to enter into binding development agreements with persons having legal or equitable interests in real property; and WHEREAS, Owner has a legal or equitable interest in certain real property located in City more particularly described in Exhibit "A," attached hereto and incorporated herein by reference (the "Property"); and WHEREAS, subject to the provisions of the "Project Approvals" (as defined below), Owner's project proposal known as Rosedale Ranch will consist of a mixed-use master-planned community, including approximately 5,541 single family dwelling units. approximately 900 multi-tàmily dwelling units. approximately 1,481,746 square feet of commercial/retail uses and approximately 391,150 square feet of commercial/office uses, parks. schools, and open space (the "Project"), as generally depicted on the illustrative plan attached hereto as Exhibit "B," and ~¡>'KE'>9. ~ ~ >- 'T1 r- I;::. <:> 10/25/2005 v ORIG\N I,L incorporated herein by this reference; and S P4r:.ning Agrs05-06 Ikvd\1pm<.-"II! AgrN:mems -- Page 1 of 26 Pages u (CFDì Ros~J"I.. Rch.IO·~5-G5DO(' WHEREAS, on November 9th, 2005, the City Council (the "Council"), after making appropriate findings, certified the Environmental Impact Report ("EIR") pursuant to the provisions of the California Environmental Quality Act ("CEQA"), and adopted Resolution No. ~, approving General Plan Amendment No. ~, Ordinance No. ~, approving Zone Change No. _, and Ordinance No. -' approving Development Agreement No. ._(collectively, the "Project Approvals"); and WHEREAS, development of the Project as planned will further the comprehensiye planning objectives contained within City's general plan, as amended, (the "General Plan"), and is anticipated to result in public benefits, including, among others, the following: 1. Fulfilling long-tenn economic and social goals for City and the community, including, but not limited to, contributing positively to the City's jobslhousing balance; 2. Providing fiscal benefits to City's General Fund III tenns of increased employment and property tax revenues; 3. Providing both short-tenn construction employment and long-term pennanent employment within City; 4. Financing and constructing significant infrastructure improvements that will serve the region and the community; 5. Phasing the construction of public infrastructure improvements with private development; 6. Providing housing which will help to satisfY City's obligation to meet City's share of regional housing needs; and 7. Enhancing City's active and passive recreational elements. WHEREAS, Owner has requested City to enter into a development agreement pursuant to the Development Agreement Statute; and SPlanningA"rs 05-06 Ik\do¡,m<:m A,;re'em~n\s (CFD)·Roseda1e Rch. lO-~5-05,DOC -- Page 2 of 26 Pages -- 'òI>-KE-9ó' á ~ >- p:' 10/25120'% <:> OI'\\GINAI ____~.._ ><, ,." '~___N'_"_"~ ,~__.._ _...__..._~_.__~____ WHEREAS, for the reasons recited herein, City has determined that the Project is a development for which a development agreement is appropriate under the Development Agreement Statute; and WHEREAS, the Council has determined that this Agreement is consistent with the General Plan and specifically has determined that this Agreement is fair, just and reasonable, and City has concluded that the economic interests of its citizens and the public health, safety and welfare will be best served by entering into this Agreement; and WHEREAS, the Planning Commission of City (the "Planning Commission") held duly noticed public hearings on this Agreement on July 7,2005; and WHEREAS, the Council, after a duly noticed public hearing, adopted Ordinance No. __' approving this Agreement on November 16,2007, which Ordinance became effective on December 30, 2007 (the "Effective Date"); and \VHEREAS, City does not normally enter into long term development agreements because development fees are frozen; and WHEREAS, City would not enter into this Development Agreement unless it was assured that fees would not be frozen and new infrastructure and construction requirements could be applied to the area covered by this Development Agreement; and WHEREAS, notice of intention to consider adoption of this Agreement has been given as provided in Government Code Sections 65090 and 65091, in addition to all other notices required by law for actions to be considered concurrently therewith, as required by Government Code Section 65867; and WHEREAS, Owner desires to enter into this Development Agreement to avoid possible future development restrictions, give Owner long term development assurances and allow Owner t1exibility in timing development decisions, and not for the purpose of freezing development fees or avoiding new infrastructure or construction requirements; and WHEREAS, the Property is as of the date of this Agreement, located in the unincorporated territory of the County of Kern within the adopted sphere ofint1uence of the City of Bakersfield, as determined by the Kern County Local Agency Formation Commission; and s. ?lanmno:A~rs05-06 De\d"pme~1 Agreements ¡CfD) Rosedak Rch.10-25-05DOC -- Page 3 of 26 Pages -- 10i252005 ~ l.Ke..s> ~ 'S >- rn ~ D v ORIGINAL WHEREAS, the City and Owner desire to annex the Property to the City within the time set forth in this Agreement. AGREEMENT NOW, THEREFORE, incorporating the foregoing recitals and in consideration of the mutual promises, obligations and covenants herein contained, the parties hereto agree as follows: SECTION I. PUBLIC BENEFIT. The parties acknowledge and agree that development of the project will result in substantial public needs which will not be fully met by the project under existing ordinances, policies, rules and regulations, and that this Agreement confers substantial private benefits on Owner which should be balanced by commensurate public benefits. Accordingly the parties intend to provide consideration to the public to balance the private benefits conferred on Owner by providing more fully for the satisfaction of the public needs resulting from the Project as follows: A. Park Facilities Fee. Owner agrees to pay a park development fee in the amount of $1,275 per residential unit to be imposed and collected at the time of issuance of a building pennit. This fee shall be used in the acquisition and/or development of a regional park in the Project area and is in addition to the current park acquisition and development fees required by Municipal Code Chapters 15.80 and 15.82. City will use its best efforts to enter into an agreement or make arrangements with North of the River Recreation and Parks District ("NOR") to develop the above referenced regional park. If such efforts are unsuccessful, City and Owner shall enter into an agreement for the acquisition and development of a regional park in the Project area. B. Fire and Police Equipment Impact Fee. Owner agrees to pay a fee to provide for the purchase of equipment and apparatus required for police and fire services. Said fee will be imposed and collected at the time of issuance of a building pennit in the amount of $234 per residential unit. In the event the City adopts a City-wide fee for the purchase of equipment and apparatus for police and tire services SPlannm~ Agrs 05-06 De\dq:"'ðl! AÇ~ðlts (CFD) R,';;e.i.11" R"h.llÌ-:S·05IXX' -- Page 4 of 26 Pages-- 10/25/2005 '6f>.KE~ d ~ ~ >- rn ';:. G v nR\GIN"L that is less than $234 per residential unit, then Owner shall pay only the lesser fee, from the date of adoption. In the event the City adopts a City-wide fee for the purchase of equipment and apparatus for police and fire services that is greater than $234 per residential unit, Owner shall receive a credit against that larger fee for any fees paid under this Paragraph. C. Community Facility District, Owner agrees to support the establishment of a Community Facilities District to include all property covered by this Development Agreement. The intent of the district is to provide financing for the operation and maintenance of public facilities and services required to support the Project as described in this Development Agreement. Services to be included in the district are Fire and Police Protection Services in the amount of $287 per residential unit annually for the first ten (10) years of development under this Agreement and 5174 per residential unit annually for the remaining term of this Development Agreement. The commencement of the first ten (10) year period shall begin upon issuance of the first building permit for a residential unit within the Project area. SECTION II. PROJECT DEVELOPMENT A. PerßÙtted Uses. The parties hereby agree that, for the term of this Agreement, the permitted uses, the density and intensity of use, the maximum height and size of proposed buildings, provisions for reservation or dedication of land for public purposes and location of public improvements, shall be those set forth in the Project Approvals, the "Applicable Rules" (as hereinafter defined) and this Agreement. B, Rules. Rel!.ulations and Official Policies. 1. Applicable Rules. The parties hereby agree that. for the term of this Agreement, the rules. regulations and official policies governing permitted uses, governing density, and governing design, improvement and construction standards and specifications applicable to development of the Property and the Project shall be those rules, regulations and official policies in force at the time of the Effective Date, including, without limitation, the Project Approvals (collectively, the "Applicable Rules"). Notwithstanding the foregoing, nothing in this Agreement shall preclude City from applying changes occurring from time to time in the Uniform Building Code, Uniform Electrical Code, Uniform Fire Code. Uniform ~ 'òI>-KI?'-9ó' o ~ >- ¡!! S Plar1ni!1~-\~rs 05-06 Dc,~lepr.l~l '\~r="'n!S -- Page 5 of 26 Pages -- 1 0/25/2005 ~ up..f' ,CFDjR,'odak R,h.lO-:5-ü5.DOC OR'G'\'~ . Mechanical Code, Uniform Plumbing Code or Public Works Subdivision and Engineering Design Manual, provided that such changes (i) are found by City to be necessary to the health or safety of the citizens of City, (ii) are generally applicable to all similar types of property in City. 2. Conflictinl!: Enactments. Any change in the Applicable Rules, including, without limitation, any change in any applicable general, area or specific plan, zoning, subdivision or building rule or regulation, adopted or becoming effective after the Effective Date, including, without limitation, any such change by means of an ordinance, initiative, resolution, policy, order or moratorium, initiated or instituted for any reason whatsoever and adopted by the Council, the Planning Commission or any other board, agency, commission, committee, or department of City, or any officer or employee thereof, or by the electorate, as the case may be, which would, absent this Agreement, otherwise be applicable to the Property and which would conflict in any way with or be more restrictive than the Applicable Rules ("Subsequent Rules"), shall not be applied by City to the Property except reasonable provisions required to address health and safety requirements applicable to all property in the City. Owner may give City written notice of its election to have any subsequent change to any Applicable Rule applied to the Property, in which case such subsequent change shall be deemed to be an Applicable Rule. 3. Setbacks. Desil!:n Guidelines. Landscape Guidelines and Park Improvements. Except as may otherwise be provided in this Agreement, the front, side, and rear setbacks and the design and landscape guidelines for all structures within the Project shall be consistent with and conform to the Applicable Rules. 4, Chanl!:es in Rules. Rel!:ulations and Official Policies. Nothing in this Agreement shall be deemed to prevent the City from enacting or adopting changes in the method and procedures for processing any development entitlement including, but not limited to, general plan amendments, zone changes. site plan review, improvement plans, subdivision and parcel maps. so long as such changes do not preclude or materially burden Owners' vested rights as set forth in this Agreement. ~ PJanl!in..; A."rs'05·06 De\dC¡:'r:'..-..1 Agree-ments CFD) R,'$.<":"""e Rch. IO-:S·05!)(X' -- Page 6 of 26 Pages -- 'QI\KE..s> '<. ~ o _ >- rn r >;::. Q 10/25/2005 v nl'\\G\NAL ._..._._,..___ _ _... __·__·~___w_' _ _.___...._.__._._ __...-.<__n_.'. ._..._,._~_._..'.__~ 5. Development A!!reement Paritv. City acknowledges that it is currently negotiating development agreements with other developers with the intent that all fees and taxes identified under Section I of this Agreement and the other agreements shall, in the aggregate, be substantially the same. In the event City enters into a development agreement with another developer ("other agreement") covering undeveloped land on which is proposed a mix- commercial/residential master plan development similar to that covered by this Agreement which other agreement has an aggregate fee and tax under Section I that is less than that proposed under this Agreement, the Parties hereto shall negotiate in good faith to amend this Agreement to match, as nearly as possible, the lower aggregate fee in tax reflected in the other agreement. The parties hereby acknowledge that the provisions of this Paragraph shall not apply where the City enters into a development agreement with LBREP/L-Suncal MacAllister Ranch, or its successor- in-interest, for the development known as McAllister Ranch. C. Future Approvals. Any development of the Property shall reqUIre all discretionary approvals required by the Applicable Rules (collectively, the "Future Approvals·'). Upon granting any of the Future Approvals, they shall become part of the Applicable Rules, and Owner shall have a "vested right"', as that term is defined under California law, in and to such Future Approvals by virtue of this Agreement. D. PerDÙtted Fees and Exactions. Except as otherwise provided in this Agreement, and specifically excluding fees set by entities not controlled by City that are collected by City, City shall only charge and impose those fees and exactions, including, without limitation, dedications and any other fee or ta., (including excise, construction or any other tax) relating to development or the privilege of developing, which are in effect on a City-wide basis on the Project. The City agrees to include the project in the citywide traftìc model and to amend the model to include regional roadway improvements. E. Resenation of Land for West Beltwav. l. The West Beltway alignment as depicted on Exhibit "C," hereto will be reserved by Owner until this Agreement terminates. Any future compensation for the West S ¡>Iannin~ .-\grs05-06 DevelC'rm~:;! Agr~eTIts ;CFD)'Rl'>~J..i!" Rd1._IL)-~.5·05_DOC -- Page 7 of 26 Pages -- 10/25/2005 ",jl.Keh ~ v '1ó' C) ~ >- rn r >;::. <:> v ORIGINÞ-l Beltway rights-of-way shall be exclusive of the 90 foot right-of-way that IS required to be dedicated if the Beltway is not constructed. City agrees to acquire the additional120-foot width portion of the West Beltway (90 feet of width being a condition of free dedication) for the future West Beltway right-of-way concurrent with the first tract map recordation (including recordation of a final map for financing or conveyance purposes only, or the first partial final map if the approved tentative tract map subdivides the subject property into individual lots) using an appraisal by an independent appraiser paid for by the City. The date of valuation for the property to be acquired shall be the date of recordation of the first tract map. F. Permitted Conditions. Provided Owner's applications for any Future Approvals are consistent with this Agreement and the Applicable Rules. City shall grant the Future Approvals in accordance with the Applicable Rules and authorize development of the Property for the uses and to the density of the Project described herein. In connection with any Future Approvals, City shall have the right to impose reasonable conditions including, without limitation, nonnal and customary dedications for rights of way or easements for public access, utilities, water, sewers, and drainage necessary for the Project; provided, however, such conditions and dedications shall not be inconsistent with the Applicable Rules or Project Approvals, nor inconsistent with the development of the Project as contemplated by this Agreement. Owner may protest any conditions, dedications or fees while continuing to develop the Property; such a protest by Owner shall not delay or stop the issuance of building pennits or certi !ìcates of occupancy. G. Term of Map(s). Pursuant to California Government Code Sections 66452.6(a) and 65863.9, the tenn of any tentative subdivision or parcel map that has been or may in the future be processed on all or any portion of the Property shall be extended for a period of time to the longer of, (i) the scheduled tennination date of this Agreement as set forth in Section V.H below, or (ii) the tenn of such map(s) under applicable provisions of the Subdivision Map Act, including any nondiscretionary extensions and any granted discretionary extensions thereof; except that development impact fees shall be frozen by virtue of any such map(s) only for a period of time equal to the tenn of such map(s) which would exist absent this Agreement under ~Þ.KE.£ '<. ~ o _ >- ", ,.... õ IO/25i2005Ó ORIG\NjI,C' S Plannio!\ ,'\grsOS-Oó Development ¡CFD) R",e<hle Rch. :O-::S-05_DOC >\gr«-æen!s -- Page 8 of 26 Pages n applicable provisions of the Subdivision Map Act, including any automatic nondiscretionary extensions thereof. H. Timin!!: of Development. Because the California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Ca1.3d 465 (1984), that the failure of the parties therein to provide for the timing of development resulted in a later-adopted initiative restricting the timing of development to prevail over the parties' agreement, it is the parties' intent to cure that deficiency by acknowledging and providing that, subject to any infrastructure phasing requirements that may be required by the Project Approvals or any Future Approvals, Owner shall have the right (without obligation) to develop the Property in such order and at such rate and at such times as Owner deems appropriate within the exercise of its subjective business judgment. I. Moratorium. No City-imposed moratorium (except those for public health and safety) or other limitation (whether relating to the rate, timing or sequencing of the development or construction of all or any part of the Property, whether imposed by ordinance, initiative, resolution, policy, order or otherwise, and whether enacted by the Council, an agency of City. the electorate, or otherwise) affecting parcel or subdivision maps (whether tentative, vesting tentative or final), building permits, occupancy certificates or other entitlements to use or service (including, without limitation, water and sewer) approved, issued or granted within City. or portions of City, shall apply to the Property to the extent such moratorium or other limitation is in conflict with this Agreement; provided, however, the provisions of this Section shall not affect City's compliance with moratoria or other limitations mandated by other governmental agencies or court-imposed moratoria or other limitations. J. Infrastructure Capacity. Subject to Owner's installation of infrastructure and payment of all imposed fees in a timely manner in accordance with the requirements of the Project Approvals and any Future Approvals, City hereby acknowledges that it will have sufficient capacity in its infrastructure, services and utility systems, including. without limitation, traffic circulation, storm drainage, flood control, electric service. sewer collection, sewer S Pla¡¡ning Agrs05-':'ó OC\e]opmeD( -\¡;reements (CFD) Roseda1c Rcn..I':'-:5·05.D<X -- Page 9 of 26 Pages -- water supply, '<. <òI\KE'-$'ö' o ~ >- ~ 1025 2005':;:- D v OI'\\G\N"'l treatment, sanitation service and. except for reasons beyond City's control. treatment, distribution and service, to accommodate the Project. To the extent that City renders such services or provides such utilities, City hereby agrees that it will serve the Project and that there shall be no restriction on hookups or service for the Project except for reasons beyond City's control. K. Infrastructure Phasinl!: Flexibilitv. Notwithstanding the provisions of any phasing requirements in the Project Approvals, Owner and City recognize that economic and market conditions may necessitate changing the order in which the infrastructure is constructed. Therefore, City and Owner hereby agree that should it become necessary or desirable to develop any portion of the Project's infrastructure in an order that differs from the order set forth in the Project Approvals, Owner and City shall collaborate and City shall permit any modification requested by Owner so long as, solely based on City determination, the modification continues to ensure adequate infrastructure is available to serve that portion of the Project being developed. The Owner agrees to be fully responsible for any and all costs resulting from any change in phasing. L, Development Al!reementlProiect Approvals. In the event of any inconsistency between any Applicable Rule, Project Approval or Future Approval and this Agreement, the provisions of this Agreement shall control. M. Water Supply/Availabilitv. If and to the extent required under Government Code Section 65867.5, any tentative map prepared for the Project will comply with the provisions of Government Code Section 66473.7. SECTION III. COOPERA TIONIIMPLEMENT A TION, A, Further Assurances: Covenant to Si!!.n Documents. Each party shall take all actions and do all things, and execute, with acknowledgment or affidavit, if required, any and all documents and writings, that may be necessary or proper to achieve the purposes and objectives of this Agreement. B. Reimbursement. Nothing in this Agreement precludes City and Owner trom entering into any reimbursement agreements for the portion (if any) of the cost of any dedications, public facilities and/or intrastructure that City may require as conditions of the 5 Planning .-\~r<;05-06 Deve!opmem Agnxments (CFD¡R(>s~'Ùale Rch_10·~5-0~.oOC -- Page 10 of 26 Pages -- 10/25 2005 o:¡,Þ-Kl:..s> ~ 'S >- rn ~ b (} ORIGiNAL .--.._~--~." "-.-"--.--.-. - ....--......- - - .--.--,'-,..------ ----_..~ Project Approvals or the Future Approvals, to the extent that they are in excess of those reasonably necessary to mitigate the impacts of the Project, and to the extent other landowners are benefited. C. Public Financinl! of Improvements. Owner may, fTom time to time, request City to establish, subject to adopted policy for infTastructure financing, one or more assessment and/or community facilities districts to finance infTastructure, public facilities and/or fees ("Financing Mechanism") that may be required in connection with the development of the Project. In addition, City is willing to sponsor a Community Facilities District which creates a maximum effective tax rate of 2 percent. City agrees to use its reasonable efforts to implement such requests subject to applicable state and federal law and to the Applicable Rules. and subject to the following general considerations: 1. General Parameters. a) Upon written request of the City, Owner will advance amounts necessary to pay all costs and expenses of City to evaluate and structure any Financing Mechanism, to the end that City will not be obligated to pay any costs related to the fonnation or implementation of any Financing Mechanism fTom its own general funds or any other source of City revenue. City staff will provide the Owner with a preliminary budget for such costs, and will advise Owner fTom time to time as to any necessary modifications to that budget. 2. Public Improvements. a) Owner shall submit to City its phasing plan for any public facilities to be financed, including the priority and financing needs relative to the public improvements. Consistent with City policy on Financing Mechanisms, City will use available proceeds of any public financing in accordance with such priorities, and as otherwise provided in this Agreement. b) City will detennine the means by which such improvements wil1 be acquired by City consistent with existing City policies and procedures. c) In addition, any financing may include amounts necessary to discharge any assessment, special tax or other liens on the Property. S PlamÚl1g A!\fS05-0ó Development Agreements ¡(FD¡ R"s~da¡" R-:h.lO-::'-03[)()C n Page 11 of26 Pages n 'ò¡..KE-9ó' á ~ >- fT1 ,.... r- 10'?- '005 - CJ U - v ORIGINAl >_, "..... .~.__~ ...__<.. ____.,~_....".__....,__..___". _."_.,__._.'_m~ 3. Financin!!. Parameters. a) Any public financing shall be secured solely by assessments or special taxes levied within the respective district, proceeds of the bonds issued that are placed in a bond fund, reserve fund or other such fund for the financing and investment earnings thereon. City's general fund shall not be pledged to the repayment of any public financing. b) The payment of actual initial and annual administrative costs of City to be incurred in connection with any Financing Mechanism shall be adequately assured, through the inclusion in any assessment or special tax methodology of appropriate provisions for such costs as estimated by City, to the end that City's general fund shall not be called upon to provide for initial or any annual administrative costs related to any Financing Mechanism. D. Processin!!.. Upon satisfactory completion by Owner of all required preliminary actions and payments of appropriate processing fees, if any, City shall, subject to all legal requirements, use reasonable efforts to complete in a timely manner all required steps to grant any approvals and pennits necessary for the development by Owner of the Property in accordance with this Agreement, including, but not limited to, the following: 1. the processing of applications for and issuance of all discretionary approvals requmng the exercise of judgment and deliberation by City, including without limitation, the Future Approvals; 2. the holding of any required public hearings; 3. completing and returning all plan checks within three weeks of subminal. The methodology of achieving that goal, i.e. whether by designating a full time reviewer or using contract services, etc., will be left to the discretion of the City. E. Processin!!. Durin!!. Third Party Liti!!.ation. The filing of any third party lawsuit(s) against City or Owner relating to this Agreement, the Project Approvals, any Future Approvals or to other development issues affecting the Property shall not delay or stop the development, processing or construction of the Project, approval of any Future Approvals, or issuance of Ministerial Approvals, unless the third party obtains a court order preventing the activity. S Planning Agrs05-06 Dnelopmel1l (CFD, R.'"S.:da1e RçhIO-Z~·05,¡)(X A..:r~ment5 -- Page 12 of 26 Pages -- 10/25/2005 'QÞ-Kf..s>ó' ~ ~ >- ¡11 r >;;:. CJ V OR\G\\oIAl '.......... "-..... ..__..._.,~,-",---_.,..,._" -'-~'-"'-"'-'~'-"--'~-'- --~"--'"~--".-.._--' F. Defense of A2l"eement. If this Agreement is adjudicated or determined to be invalid or unenforceable, City agrees, subject to all legal requirements, to consider modifications to this Agreement to render it valid and enforceable to the extent permitted by applicable law. G. Deshm/Develooment Standards. Notwithstanding the provisions of the Applicable Rules, the following design/development standards shall apply to the Project: 1. Easements. Easements dedicated for pedestrian use shall be permitted to include easements for underground drainage, water, sewer, gas, electricity, telephone, cable and other utilities and facilities so long as they do not unreasonably interfere with pedestrian use. H. Model Homes. Each subdivision tract is permitted a maximum of six model homes, one of which may include a sales tract office, for each home builder in the tract. Additional model homes may be permitted subject to approval by the Planning Director. Model homes may be constructed prior to recordation of a final map for the tract; however, no such home shall be offered for sale or rent, or be sold or rented until the final map has been recorded. I. Amendments to Entitlements. It is contemplated by City and Owner that Owner may, from time to time, seek minor changes to one or more of the Project Approvals. Any such changes are contemplated by City and Owner as being within the scope of this Agreement as long as they are minor as described in this Section IILI, and are consistent with the Applicable Rules. Upon approval by City, minor changes will continue to constitute the Project Approvals as referenced herein. The parties agree that changes which are minor may be agreed to in writing by the City Manager and Owner. All other amendments will require approval in accordance with the Applicable Rules. The parties agree that any such minor changes shall not constitute an amendment to this Agreement nor require an amendment to this Agreement. J. Annexation. Owner will cooperate with City to complete annexation of the Property into the City. In accordance with Government Code Section 65865(b), this Agreement shall not become operative unless annexation proceedings annexing the Property to the City are completed on or before December 1,2007, unless such date is extended by mutual agreement of the Parties. If the annexation is not completed by December I, 2007, or a mutually agreed upon extension of that date, this Agreement shall be null and void. 5 Pla.:ming Agrs05-06 DevÓ:'pmall Agrteme¡\\s ((FD', Rc-><:daie Rch.l0-~.'-05_DOC n Page 13 of 26 Pages n ~"K£-9ó' á ~ 1O/25/200~ ~ - <:> v Ot\\G\N~\ K. Maintenance Obli!!ations. City shall require Owner to maintain public parks, parkways, entry monuments, medians, detention basins, street lights and similar types of improvements for a period of up to one (I) year. Areas containing these improvements shall be annexed into an appropriate maintenance district consistent with Bakersfield Municipal Code Chapter 13.04 and City policy. Owner's maintenance period shall commence when the improvements have passed inspection by the appropriate City/County department. SECTION IV. GENERAL PROVISIONS. A. Covenants Run with the Land, All of the provisions, agreements, rights, powers, standards, tenns, covenants and obligations contained in this Agreement shall be binding upon the parties and their respective heirs, successors (by merger, reorganization, consolidation or otherwise) and assigns, devisees, administrators, representatives, lessees, and all other persons acquiring the Property, or any portion thereof, or any interest therein, whether by operation of law or in any manner whatsoever, and shall inure to the benefit of the parties and their respective heirs, successors and assigns. All of the provisions of this Agreement shall constitute covenants running with the land. B. Transfers and AssÍ!roments, 1. ID!!M to Assi!!B. Owner shall have the right to sell, assign or transfer all or portions of the Property to any person at any time during the tenn of this Agreement, subject to approval by City. No transfer or assignment may occur prior to establishment of a Community Facilities District that encompasses the entire Project as required in Section I.C. Prior to any such transfer or assignment, Owner shall record a restrictive covenant against the portions of the Property so sold, assigned or transferred obligating the transferee and such transferee's heirs, successors, or assigns to comply in all respects with the terms and conditions of this Agreement. Except as required by law, the provisions of this Paragraph do not apply to the ultimate individual homeowners and individual commercial and industrial property owners within the Project area. Notwithstanding any of the above, no transfer or assignment shall occur prior to recordation of this Agreement as set forth in Paragraph Y.N herein. S P\annin¡:: Agrs 05-06 Dt\d\'pmcrI¡ .-\çoxmrnts (CFD) Rc'sed.1k Rch.l O-:S-05.IXX' -- Page 14 of 26 Pages n '(>i>-K£/)'ú' ç} ~ >- (T\ 10/25/2005 >;::. :; v ORIGINAl. - ...___....,.-..__._......____._.____n.___-.___^__._._ 2. Liabilities Upon Transfer. Upon the delegation of all duties and obligations and the sale, transfer or assignment of all or any portion of the Property, Owner shall be released from its obligations under this Agreement with respect to the Property, or portion thereof, so transferred arising subsequent to the effective date of such transfer if (i) Owner has provided to City ten (10) days' wTitten notice of such transfer and (ii) the transferee has agreed in writing (or by taking title subject to a restrictive covenant as contemplated in the preceding paragraph) to be subject to all of the provisions hereof applicable to the portion of the Property so transferred. Upon any transfer of any portion of the Property and the express assumption of Owner·s obligations under this Agreement by such transferee, City agrees to look solely to the transferee for compliance by such transferee with the provisions of this Agreement as such provisions relate to the portion of the Property acquired by such transferee. The preceding sentence shall not preclude the City from looking to the transferor for compliance with provisions of this Agreement for any acts or omissions of transferor before the transfer of any portion of the Property. A default by any transferee shall only affect that portion of the Property owned by such transferee and shall not cancel or diminish in any way Owner's rights hereunder with respect to any portion of the Property not owned by such transferee. The transferee shall be responsible for the reporting and annual review requirements relating to the portion of the Property owned by such transferee, and any amendment to this Agreement between City and a transferee shall only affect the portion of the Property owned by such transferee. C, Mortl!:al!:ee Protection. The parties hereto agree that this Agreement shall not prevent or limit Owner, in any manner, at Owner's sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property. City acknowledges that the lender(s) providing such financing may require certain Agreement interpretations and moditications and agrees, from time to time, to meet with Owner and representatives of such lender(s) to negotiate in good faith any such request for interpretation or modification. City will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this S, Planoing '\~rs05·06 De\el{lpm~; I,CFD)R,,~6.~ Rçh, 10-~5-05,t)(X Agreements -- Page 15 of26 Pages n lO/25i2005 <õt\Kf>S' ~ o~ >- IT' ';:. r; v ORIG\NI\I ~.."-~. ...~,~ -,' --.--.--..,----. Agreement. Any mortgagee of a mortgage or a beneficiary of a deed of trust ("Mortgagee") of the Property shall be entitled to the following rights and privileges: 1. Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any mortgage or deed of trust on the Property made in good faith and for value. 2. If City timely receives a request trom a Mortgagee requesting a copy of any notice of default given to Owner under the terms of this Agreement, City shall provide a copy of that notice to the Mortgagee within ten days of sending the notice of default to Owner. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed such party under this Agreement. 3. Any Mortgagee who comes into possessIOn of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Property, or part thereof, subject to the terms of this Agreement; provided, however, in no event shall such Mortgagee be liable for any defaults or monetary obligations of Owner arising prior to acquisition of title to the Property by such Mortgagee, except that any such Mortgagee or its successors or assigns shall not be entitled to a building permit or occupancy certificate until all delinquent and current fees and other monetary obligations due under this Agreement for the Property, or portion thereof, acquired by such Mortgagee have been paid to City. D. Statement of Compliance. Within thirty days following any written request which either City or Owner may make trom time to time, the other shall sign and deliver to the requesting party a statement certifying that: (1) this Agreement is unmodified and in full force and effect or, if there have been modifications hereto, that this Agreement is in full force and effect, as modified, and stating the date and nature of such modifications; (2) there are no current uncured defaults under this Agreement or specifying the dates and nature of any such defaults; and (3) any other reasonable infonnation requested. The failure to deliver such statement within such time shall be conclusive upon the party which fails to deliver such statement that this Agreement is in full force and effect without modification and that there are no uncured deíàults S:'Plarming Ai\rs05-06 Development Agreements (CFD) RO$("dale RehIO-25-05.DOC -- Page 16 of26 Pages -- 10/25/2005 'ò\l.Kf-s>ó' ~ ~ >- '" r '::::. <:> v Ot\IGINÞ,t in the performance of the requesting party. The City Manager shall be authorized to execute any such statement. E. Default. Failure by City or Owner to perform any term or provISIon of this Agreement for a period of thirty days ITom the receipt of written notice thereof ITOm the other shall constitute a default under this Agreement, subject to extensions of time by mutual consent in writing. Said notice shall specify in detail the nature of the alleged default and the manner in which said default may be satisfactorily cured. If the nature of the alleged default is such that it cannot reasonably be cured within such 90-day period, the immediate and good faith commencement of the cure within such time period and the diligent prosecution to completion of the cure shall be deemed a cure within such period. During the time a cure for any alleged default is being diligently prosecuted, no default shall be deemed to exist under this Agreement. Subject to the foregoing, after notice and expiration of the 90-day period without cure, the notifying party, at its option, may institute legal proceedings pursuant to this Agreement and/or give notice of intent to terminate this Agreement pursuant to Government Code Section 65868. Following such notice of intent to terminate, the matter shall be scheduled for consideration and review by the Council within thirty calendar days in the manner set forth in Government Code Sections 65867 and 65868. Following consideration of the evidence presented in said review before the Council and a detennination that a default exists, the party alleging the default by the other party may give written notice of termination of this Agreement to the other party. Subject to the conditions set forth in this Paragraph E, and after notice and expiration of the above-described 90-day period without cure, the City may, in addition to or in lieu of instituting legal proceedings, refuse processing of an application for, or the granting of any permit, approval, or other land use entitlement for, development or construction of the Project or any portion thereof owned or controlled by Owner, including but not limited to. the withholding of grading, excavation, building, or occupancy permits. F. Annual Review. Pursuant to Government Code Section 65865.1. throughout the term of this Agreement, the Owner, or successor in interest thereto, shall be required to ~ 'òÞ-Kt..s> () ~ >- ¡;; 10 " '005'::: r- ..- - v <:> ()RIGINAL S ?!anningAgrsOS-G6 Development A";õermcnts -- Page 17 of 26 Pages n (CFD) RüseJ.lk Rch. 10-25-05 DOC demonstrate good faith compliance with the terms of the Agreement. If, as a result of such periodic review, the City finds and determines, on the basis of substantial evidence, that the Owner, or successor in interest thereto, has not complied in good faith with tenns or conditions of the Agreement, the City may tenninate or modif'y the Agreement. Owner shall provide a progress report acceptable to the Planning Director for review by the Planning Commission at the next regularly scheduled Planning Commission meeting following each anniversary of the Effective Date or as soon thereafter as may be scheduled. Procedures established pursuant to Sections 65865 and 65865.1 shall include provisions requiring periodic review at least every 12 months, at which time Owner, or its successor in interest thereto, shall be required to demonstrate good faith compliance with the tenns of this Agreement. If, as a result of such periodic review, the City finds and detennines, on the basis of substantial evidence, that Owner, or its successor in interest, has not complied in good faith with the tenns or conditions of this Agreement, the City may tenninate or modify this Agreement. G. Waiver; Remedies Cumulative. Failure by City or Owner to insist upon the strict perfonnance of any of the provisions of this Agreement, irrespective of the length of time for which such failure continues, shall not constitute a waiver of the right to demand strict compliance with this Agreement in the future. No waiver by City or Owner of a default or breach of any other party shall be effective or binding upon it unless made in writing, and no such waiver shall be implied trom any omission by City or Owner to take any action with respect to such default or breach. No express written waiver of any defaults or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified in such express waiver. One or more written waivers of a default or breach under any provision of this Agreement shall not be a waiver of any subsequent default or breach. and the perfonnance of the same or any other tenn or provision contained in this Agreement. Subject to notice of default and opportunity to cure under Section V.E., all of the remedies pennitted or available under this Agreement, at law or in equity, shall be cumulative S:·Planning·Agrs'05-06 Development Agreemcnts ¡CFD) Ros.:dale Rch. IO-25-05.DOC -- Page 18 of 26 Pages -- x <Qf'..K(1 <:> ~ >- m ,.... r- 10/25/2005 ã <:> ORIGINAl and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right or remedy. H. Term. This Agreement shaH commence upon the Effective Date and shall extend twenty (20) years fÌ"om the Effective Date (the "Term"), unless said term is otherwise terminated, modified or extended by circumstances set forth in this Agreement or by mutual consent of the parties. However, this Agreement shall not become operative unless annexation proceedings have been completed in accordance with Paragraph IILJ above. Following the expiration of the Term, this Agreement shall be deemed terminated and of no further force or effect; provided, however, such termination shall not affect any right or duty arising fÌ"om City approvals, including, without limitation, the Project Approvals, the Future Approvals, the Ministerial Approvals and any reimbursement agreement(s) entered into pursuant to the terms of this Agreement. Except to the extent that any homeowners' association has incurred obligations as referenced in this Agreement, this Agreement shall terminate with respect to any lot and such lot shall be released and no longer be subject to this Agreement, without the execution or recordation of any further document, when a certificate of occupancy has been issued for the building(s) on the lot. I. Termination. This Agreement shall terminate when the Project has been fully developed and all the City's and Owner's obligations in connection with the Project are satisfied as mutually determined by the City and the Owner. For purposes hereof, all obligations of Owner hereunder shall be deemed discharged and fulfilled with respect to lots or parcels shown on duly filed final subdivision maps upon final inspection and occupancy, subject to compliance with (a) the conditions imposed in connection with such filing, and (b) the conditions imposed in connection with the issuance of the building permits. 1. Notwithstanding the provisions of the proceeding Paragraph, termination of this Agreement as to the Owner or the Project or any portion thereof shall not affect any requirements to comply with the terms and conditions of the applicable zoning, any development plan approvals, approval and acceptance of infÌ"astructure improvements, any applicable permits, s. Pldnn;n~ Agp;05-06 De\elopme-nl Agreemenls (CFD¡ R",eduk Rçh.10·25·0~.DOC -- Page 19 of 26 Pages -- <¿,Melì' ð ~ - >- ¡TI 10/25/2005 ':z:, r; ()RIGINAI or any subdivision map or land use entitlements approved with respect to the Project, nor shall it affect any other covenants of the Owner specified in this Agreement to continue after the termination of this Agreement. J, Supersedure bv Subsequent Laws. Pursuant to Government Code Section 65869.5, if any federal or state law or regulation, made or enacted after the Effective Date prevents or precludes compliance with one or more provisions of this Agreement, then the provisions of this Agreement shall, to the extent feasible, be modified or suspended as may be necessary to comply with such new law or regulation. Immediately after enactment or promulgation of any such new law, City and Owner shall meet and confer in good faith to determine the feasibility of any such modification or suspension based on the effect such modification or suspension would have on the purposes and intent of this Agreement. Owner and/or City shall have the right to challenge any new law or regulation preventing compliance with the terms of this Agreement, and in the event such challenge is successful, this Agreement to the extent deemed feasible by both the City and Owner, shall remain unmodified and in full force and effect. The term of this Agreement may be extended by mutual agreement of the parties for the duration of the period during which such new law or regulation precludes compliance with the provisions of this Agreement. K. Amendment of Al!reement. This Agreement may be amended from time to time by mutual consent of the parties to this Agreement, in accordance with the provisions of Government Code Sections 65867 and 65868; provided, however, that any amendment which meets the definition of minor changes as contained in Section III.! shall not require notice or public hearing, before the parties may execute an amendment hereto. L. Operatinl! Memoranda. The provisions of this Agreement reqUire a close degree of cooperation between City and Owner and the refinements and further development of the Project may demonstrate that clarifications are appropriate with respect to the details of performance of City and Owner. If and when, from time to time, during the term of this Agreement, City and Owner agree that such clarifications are necessary or appropriate, they shall effectuate such clarifications through operating memoranda approved by City and Owner, which, " 'òM£f d' ~ >- ñí s: Planning Agrs05-06 Dc'clopmem Agn:cments h Page 20 of26 Pages -- 10/25/2005 ~ r; (CFO) Roseliaie Rch.IO-25-05.DOC n~I~\t..\ÄI after execution, shall be attached hereto, No such operating memoranda shall constitute an amendment to this Agreement requiring public notice or hearing. The City Attorney shall be authorized to make the determination whether a requested clarification may be effectuated pursuant to this Section or whether the requested clarification is of such a character to constitute an amendment hereof pursuant to Section IILL. The City Manager may execute any operating memoranda hereunder without Councilor Planning Commission action. M. Compliance With All Laws. Owner shall, at Owner's sole cost, comply with aU of the requirements of Municipal, State and Federal authorities now in force or which may hereafter be in force, pertaining to this Agreement, and shaU faithfuUy observe in aU activities relating to or growing out of this Agreement aU Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required. N. Corporate Authority. Each individual signing this Agreement on behalf of entities represents and warrants that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement. o. Third Party Litil!.ation. In the event of any legal action instituted by a third party. the City, at its discretion, may elect to tender the defense of any legal action to the Owner, which shall pay for all costs, expenses, and attorney's fees incurred in the defense of such matter. In the event the City elects to not tender defense to the Owner, Owner shaU still pay for aU costs, expenses and attorney's fees incurred by the City in defense of the matter. P. Indemnin·. Owner shall indemnify, defend and hold harmless City, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by Owner, Owner's employees, agents, independent contractors, companies or subcontractors in the performance of, or in any way S.·PlanningAgrs05·()6 De'elopIT.~: Agr=ems ICFDJ R.'o.cdJ.le Rch ¡O-:5-0~DO(' -- Page 21 of 26 Pages -- x 'òAKê..s> Q ~ >- - I- ~ 10/25/2005 Õ <:> f)RIGINAt . ._.__.._~~...,,,.. ,____."u·_',,, ~'_'_...._""_""'_'.'_'_'_'_'__'_ arising fi-om, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for City's sole active negligence or willful misconduct. Q. Resource Allocation, All obligations of City under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council. R. Title To Documents. All documents, plans and drawings, maps, photographs and other papers, or copies thereof, prepared by Owner pursuant to the terms of this Agreement shall, upon preparation, become the property of City. SECTION V. MISCELLANEOUS. A. Ne!!ation of Partnership. The Project constitutes private development, neither City nor Owner is acting as the agent of the other in any respect hereunder, and City and Owner are independent entities with respect to the terms and conditions of this Agreement. None of the terms or provisions of this Agreement shall be deemed to create a partnership between or among the parties in the businesses of Owner, the affairs of City, or otherwise, nor shall it cause them to be considered joint venturers or members of any joint enterprise. B. No Third Party Beneficiarv. This Agreement is not intended, nor shall it be construed, to create any third-party beneficiary rights in any person who is not a party, unless expressly otherwise provided. C, Entire A!!reement. This Agreement sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement. D. Severabilitv. Invalidation of any of the provisions contained in this Agreement, or of the application thereof to any person, by judgment or court order shall in no way affect any of the other provisions hereof or the application thereof to any other person or circumstance, and the same shall remain in full force and effect, unless enforcement of this Agreement, as so 5 Planning .-\;;rs 05·06 rx,dopm.:nt _~;;re-emems (CFDI Ro~61c R(h.IO-25-05_IXX -- Page 22 of 26 Pages n ~ 'toMS'", o ~ 10/25/2005 ¡: ~ Ô t) "PIC:I~IAI invalidated, would be unreasonable or inequitable under all the circumstances or would frustrate the purposes of this Agreement and the rights and obligations of the parties hereto. E. Construction of Al!:reement. The provisions of this Agreement and the Exhibits hereto shall be construed as a whole according to their common meaning and not strictly for or against Owner or City and consistent with the provisions hereof, in order to achieve the objectives and purposes. Wherever required by the context, the singular shall include the plural and vice versa, and the masculine gender shall include the feminine or neuter genders, or vice versa. F. Bindinl!: Effect. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the Agreement and their heirs, administrators, executors, personal representatives, successors and assigns. G. Execution. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement. H. Section Headinl!:s. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. I. Governinl!: Law. The laws of the State of California will govern the validity of this Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California. J. Notices. Any notice shall be in writing and given by delivering the same in person or by sending the same by registered or certified mail, return receipt requested, with postage prepaid, by overnight deli\'ery, or by facsimile to the respectivemailingaddresses.as follows: City: CITY OF BAKERSFIELD 1501 Truxtun Avenue Bakersfield, California 93301 Attention: City Manager Facsimile: (661) 852-2050 S Plannin¡; AgfS 05-06 De\dQpment Agrremems ¡CFDI R0><:Ga;e R~h.IO-25-05,DOC -. Page 23 of 26 Pages -- ~MI:..s> ¿. ~ >- ¡;; lO/25200~ r:; I')Pir:INAL Copy to: Owner: Copy to: CITY OF BAKERSFIELD 150 I Truxtun Avenue Bakersfield, California 9330 I Attention: City Attorney Facsimile: (661) 852-2020 GARDINER F AMIL Y, LLC 8226 Rudd Avenue Bakersfield, California 93314 Facsimile: (661) 587-2254 ROSEDALE FARMING GROUP, LLC 8226 Rudd Avenue Bakersfield, California 93314 Facsimile: (661) 587-2254 Gregory W. Sanders, Esq. NOSSAMAN, GUTHNER, K1'10X & ELLIOTI, LLP 18101 Von Karman A venue, Suite 1800 Irvine, California 92612 Facsimile: (949) 833-7878 Either City or Owner may change its mailing address at any time by giving written notice of such change to the other in the manner provided herein at least ten days prior to the date such change is effected. All notices under this Agreement shall be deemed given, received, made or communicated on the earlier of the date personal delivery is effected or on the delivery date or attempted delivery date shown on the return receipt, air bill or facsimile. K. Time is of the Essence. Time is of the essence of this Agreement and of each and every term and condition hereof. L. Invalidity of Provisions. If any provision of this Agreement as applied to either party or to any circumstances shall be adjudged by a court of competent jurisdiction to be void or unenforceable for any reason, to the extent feasible, the same shall not affect any other provision of this Agreement, or the validity or enforceability of this Agreement as a whole. The Parties further agree to negotiate in good faith to replace any such invalid, illegal, or unenforceable portion with a valid and enforceable pro\ision which will achieve, to the maximum extent legally possible, the economic, business, or other purposes of the invalid, illegal or unenforceable portion. M. Counterparts. This Agreement may be executed in any number of counterparts, and each of such counterparts tòr all purposes shall be deemed to be an original, and all of such counterparts shall constitute one and the same agreement. S. - Planning' Agrs05-06 Devc\opm~l1t Agroxmerns I, CFD)'Roseda!e Rch,l 0-25-05 ,DOC -- Page 24 of 26 Pages -- , ~j>,Kê..s> è} ~ >- ¡;; 1_ r-- 10/25/2005 -;') f1R\GINAE' N. Recordation In order to comply with Section 65868.5 of the Government Code, the parties do hereby direct the City Clerk to record a copy of this Agreement against the Property with the County Recorder of Kern County within ten (10) days after the Effective Date. IN WITNESS WHEREOF, Owner and City have executed this Agreement as of the date first hereinabove written. ATTEST: "City" City Clerk CITY OF BAKERSFIELD Approved as to Form: By: ~J1£/n.~ ~ VIRGINIA GENN 0 U City Attorney HARVEY L. HALL Mayor By: Approved as to Content: "Owner" By: GARDINER FAMILY, LLC ~ di / B .-ú¿'-G vet¿&.- KEITH GARDINER Titl~;¡'U<~)¿,:~~,.x¿'£"; STANLEY GRADY Development Services Director By: NELSON SMITH Finance Director ROSEDALE FARJ'\UNG GROUP, LLC '--~ / By: JEt OWNS END Title: ¡fÜ.lf! ø1 Øo/-z.., S:'PlanningAgf5 05-06 De\e!opmffit Agreements (CFD)'Rosedak Rch. IO-25-05,[)(X -- Page 25 of 26 Pages -- 10/25/2005 ~þ.,Kê-9 ~ ~ ~ >- rn I- r- - <:> v ORIr;\NAI STATE OF CALIFORNIA ) ) ss. COUNTY OF (:'££¡V ) On ¡\)Ò\.J<UvM'j(.. J , 2~before me, the undersigned, a Notary Public in and said County and State, personally appeared K'iJrk ~D/'\J<I7_ A",.D J"iFF Tt:>w<0&^JD , personally known to me (or provéd to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the within instrument. WITN for R.C. PEACE ~ ~ COMM. *1417989 ~, .: . NOTAIWPUBUC'CAUFORNIA :>! ~ KERN COUN'TY ø '1 . " .., My Comm. Exp. May 22, 2007~ --~-- --~- ___~___t Peg Notary Public STATE OF CALIFORNIA ) ) ss. COUNTY OF )~ ~(n ) On Nor. m ber II , 20 D~ before me, the undersigned, a Notary Public in and said County and State, personally appeared I-<"be.rt I)"), ShuÇ'v , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(~ whose name(-s-) is/are subscribed to the within instrument and acknowledged to me that he/sae/they executed the same in his/j:¡@r/taeir authorized capacity(-ies), and that by hisj}¡ef/taeir signature(-!;.) on the instrument the person(;;.), or the entity upon behalf of which the person(&) acted, executed the within instrument. WITNESS my for and official seal. ~g{d ¿ ;!UJ/V Notary Public COUNTY OF , 20 ,before me, the undersigned, a Notary Public in and and State, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the within instrument. WITNESS my hand and official seal. On said for County Notary Public " Planning Agrs05-06 Dc_elopmcm ,CFD) R,,<edale Rch.10-~5-0SDOC Agreement> -- Page 26 of 26 Pages-- 10/2512005 ~ ~f>,Ke",ó' <:> '" >- ¡;; I:::- r; v nRlr,\NÞ.\ EXHIBIT nAn PARCEL : THE WEST HALl' OF FRACI10NAL SECTION 2, TOWNSHIP 29 SOUTH, RANGE 26 EAST, MOUNT DIABLO MERIDIAN, IN THE UNINCORPORATED AREA OF THE COUNTY OF KERN, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. EXCEPT ALL INTERESTS CONVEYED TO TENNECO OIL COMPANY, A DELAWARE CORPORATION IN ASSIGNMENT AND CONVEYANCE THEREOF RECORDED NOVEMBER 18, 1988 IN THE OFFICE OF THE KERN COUNTY RECORDER, IN BOOK 6183 OF OFFICIAL RECORDS, AT PAGE 1167, 'WHICH INTERESTS CAN BE BRIEFLY SUMMARlZED AS OIL, GAS AND OTHER LIQUID AND GASEOuS HYDROCARBONS, AND IN ADDmON TIJERETO CARBON DIOXIDE, HYDROGEN, HELIUM, NITROGEN, METHANE, SULFUR, (1N EACH CASE IN EITHER LIQUID OR GASEOUS FORM), AND ANY OTHER LIQUID OR GASEOUS SUBSTANCES, INERT OR OTHERWISE, OR ANY OF THEM, AND ANY MINERALS OR OTHER SUBSTANCES PRODUCED IN ASSOCIATION THEREWITH ("HYDROCARBONS") IN, ON OR UNDER THE PREMISES, TOGETHER WITH ALL RIGHTS, PRMLEGES, DUTIES AND RESPONSIEIUTIES IN ANY WAY RELATED THERETO. GRANTEE ACKNOWLEDGES THAT THIS RESERVATION IS FULLY SET FORTH IN TIJE CONVEYANCE REFERRED TO ABOVE AND THAT IT TAKES lTIU SUBJECT TO THAT CONVEYANCE AND NOT SUBJECr TO mls SUMMARY WHICH IS FOR CONVENIENCE ONLY. SAID ASSIGNMENT AND CONVEYANCE WAS CLARIFIED BY FIRSJ' AMENDMENT TIJEREOF RECORDED JANUARY 17, 1989 IN THE KERN COUNTY RECORDER OFFICE, IN BOOK 6200 OF OFFICIAL RECORDS. AT PAGE 1908. ALSO EXCEmNG ALL OTHER MINERALS OF WHATEVER KIND OF CHARACTER, ALL HEREIN COLLECTIVELY CALLED "MINERALS", NOT CONVEYED TO TENNECO OIL COMPANY WHETHER SUCH MINERALS ARE NOW KNOWN TO EXIST OR HEREAFrER DISCOVERED (IT BEING INTENDED THAT THE WORD "MINERALS" AS USED HEREIN SHALL BE DEFINED IN THE BROADEST SENSE OF mE WORD BY SHALL NOT INCLUDE SAND, GRAVEL OR AGGREGATES) WHICH ARB IN, UNDER OR MAY BE PRODUCED FROM THE PREMISES; ALL SALT WATER, BRINES AND GEOTHERMAL RESOURCES, IN, UNDER OR MAY BE PRODUCED FROM SAID REAL PROPERTY; THE EXCLUSIVE RIGJIT, BY WHATEVER METHODS NOW OR HEREAFTER KNOWN, AS GRANTOR OR ITS SUCCESsORs OR ASSIGNS MAY DEEM ADVISABLE, TO PROSPECT FOR, INVESTIGATE FOR, EXPLORE FOR, DRilL FOR, PRODUCE, EXTRACT, REMOVE AND REDUCE TO POSSESSION AND OWNERSHIP, ALL SUCH MINERALS, SALT WATER, BRINES AND GEOTHERMAL RESOURCES, "''HICH ARE IN, UNDER OR MAY BE PRODUCED FROM THE PREMISES; THE EXCLUSNE RIGHT TO DRILL INJ'O AND THROUGH THE PREMISES TO EXPLORE FOR AND THEREAFTER PRODUCE AND EXTRACT MINERALS, SALT WATER, BRINES AND GEOTHERMAL RESOURCES WHICH MAY BE PRODUCED FROM ADJACENT PROPERTY; THE RJGRT TO LAY, CONSTRUCT, ERECT AND PLACE UPON AND IN THE PREMISES, AND USE, MAINTAIN AND OPERATE THEREON AND THEREAFTER REMOVE, ALL MACHINERY, FIXTURES, EQUIPMENT, PIPE LINES, TELEPHONE LINES, ELECTRIC POWER LINES, ROADS, AND OTHER STRUCTURES AND FACILmES AS GRA¡;TOR OR ITS SUCCESSORS OR ASSIGNS MAY DEED ADVISABLE. FOR THE EXERCISE AND ENJOYMENT OF THE RIGHTS HEREIN EXCEPTED AND RESERVED; THE EXCLUSIVE RIGHT TO TREAT, PROCESS, (BUT NOT REFINE), STORE UPON AND EXHIBIT uJL" '(, l.K~", d- ~ - >- m - ,... o D r'iRIGINAL REMOVE FROM TIlE PRE~SES SUCH MINERALS, SALT WATER, BRINES AND GEOTHERMAL RESOURCES; THE EXCLUSNE R]GIIT TO PRODUCE AND EXTRACT SUCH MINERALS BY SUCH 'METHOD OR METHODS AS GRANTOR OR ITS SUCCESSORS OF ASS]GNS MAY DEBM ADV[SABLE; THE RIGHT AT ALL TIMES, WITHOUT CHARGE, TO INVESTIGATE FOR. EXPLORE FOR, DRILL FOR, PRODUCE, REMOVE AND REDUCE TO POSSESS[ON AND OWNERSHIP, THOSE QUANTITIES OF FRESH WATER FROM AQU[FERS UNDERLYING SAID REAL PROPERTY DEEMED NECESSARY BY GRANTOR OR [TS SUCCESSORS OR ASSIGNS TO USE [N PROSPECTING, EXPLORING, DRILLING,' PRODUCING, EXTRACTING AND REMOVING OR OTHER OPERATIONS IN CONNECTION WITH TIlE FULL ENJOYMENT AND EXERC[SE OF THE RIGHTS HEREIN EXCEPTED AND RESERVED AND ANY AND ALL OTHER R[GHTS UPON SAID REAL PROPERTY AS GRANTOR OR ITS SUCCESSORS OR ASSIGNS DEEMS NECESSARY, INCIDENTAL TO, OR CONVENIENT, WHETHER ALONE OR CONJOINTLY WITH NEIGHBORING LANDS, [N EXPLORING FOR, PRODUCING AND EXTRACTING THE MINERALS, SALT WATER, BRINES AND GEOTHERMAL RESOURCES HEREIN EXCEPTED AND RESERVED; A;<'l) THE UNLIMITED AND UNRESTRICTED RIGHTS OF ACCESS TO SAID MINERALS, SALT WATER, BR[NES AND GEOTHERMAL RESOURCES AND OF INGRESS AND EGRESS TO AND FROM, OVER AND ACROSS SAID REAL PROPERTY FOR ALL PURPOSES DEEMED ADVISABLE BY GRANTOR OR ITS SUCCESSORS OR ASS[GNS [N THE EXERC[SE OF THE RIGHTS EXCEPTED AND RESERVED HEREIN PROVIDED, HOWEVER, THAT GRANTOR, OR JTS SUCCESSORS AND ASSIGNS, UPON BEING PROVIDED PROOF THEREOF, SHALL COMPENSATE GRANTEE OR ITS SUCCESSORS AND ASS]GNS (A) FOR ANY AND ALL ACTUAL DAMAGE TO IMPRÒVEMENTS, TREES AND GROWING CROPS UPON SA]D REAL PROPERTY WHICH IS CAUSED BY THE EXERCISE OF THE RIGHTS EXCEPTED AND RESERVED HEREIN, AND (B) THE REASONABLE VALUE OF THE LANDS USED FOR ACTUAL DEVELOPMENT AND EXTRACTION OF SUCH MINERAL RIGHTS AS RESERVED IN DEED FROM TENNECO WEST, INC., A DELAWARE CORPORATION. RECORDED MARCH 9. 1990 IN BOOK 6355, PAGE 943, OF OFFICIAL RECORDS. PARCEL 2: LOTS 1 THROUGH 15, AND LOTS 17 THROUGH 32, [NCLUSNE, OFSECT]ON3, TOWNSHIP 29 SOUTH, RANGE 26 EAST, MOUNT DIABLO MERIDIAN, IN THE UNINCORPORATED AREA OF THE COUNTY OF KERN, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. EXCEPT ALL 1t\'TERESTS CONVEYED TO TENNECO OIL COMPANY, ADELA W ARE CORPORATION [N ASSIGNMENT AND CONVEYANCE THEREOF RECORDED NOVEMBER 18, 1988 OF THE OFFICE OF THE KERN COUNTY RECORDER, IN BOOK 6183 OF OFFICIAL RECORDS, AT PAGE 1167, WHICH INTERESTs CAN BE BRIEFLY SUMMARIZED AS OIL, GAS AND OTHER LIQUID AND GASEOUS HYDROCARBONS, AND IN ADDmON THERETO CARBON DIOXIDE, HYDROGEN, HEUUM, NITROGEN, METI!ANE, SULFUR, (IN EACH CASE]N EITHER L]QUID OR GASEOUS FORM), AND ANY OTHER LIQUID OF GASEOUS SUBSTANCES, INERT OR OTHERWISE, OR ANY OF THEM, AND ANY MINERALS OR OTHER SUBSTANCES PRODUCED IN ASSOCIATION THEREWITH ('HYDROCARBONS') IN, ON OR UNDER THE PREMISES, TOGETHER WITH ALL RIGHTS, PRMLEGES, DUTIES AND RESPONSIBILITIES IN ANY WAY RELATED THERETO. GRANTEE ACKNOWLEDGES THAT TH]S RESERVATION IS FULLY SET FORTH IN THE CONVEYANCE REFERRED TO ABOVE AND 'mAT IT TAKES TITLE SUBJECT TO THAT CONVEYANCE AND NOT SUBJECT TO THIS SUMMARY WHICH IS FOR CONVENIENCE ONLY. SAID ASSIGNMENT AND CONVEYANCE WAS CLARIFIED BY FIRST AMENDMENT THEREOF RECORDED JANUARY 17, 1989 IN THE KERN COUNTY RECORDER OFFICE, IN BOOK 6200 OF OFFICIAL RECORDS, AT PAGE 1908. >- '¢Þ-Kf-s> '<. ~ o _ rn r- ç. D Ù iJR\GINAL ALSO EXCEPTING ALL OTHER MINERALS OF WHATEVER kIND OF CHARACTER, ALL HEREIN COLLECTIVELY CALLED "MINERALS", NOT CONVEYEP TO TENNECO OIL COMPANY WHETHER SUCH MINERALS ARE NOW KNOWN TO EXIST OR HEREAFTER DISCOVERED (IT BEING INTENDED THAT THE WORD "MINERALS" AS USED HEREIN SHALL BE DEFINED IN THE BROADEST SENSE OF THE WORD BY SHALL NOT INCLUDE SAND, GRAVEL OR AGGREGATES) WHICH ARE IN, UNDER OR MAY BE PRODUCED FROM THE PREMISES; ALL SALTWATER, BRlNES AND GEOTHERMAL RESOURCES, IN, UNDER OR MAYBE PRODUCED FROM SAID REAL PROPERTY; THE EXCLUSIVE RIGHT, BY WHATEVER METHODS NOW OR HEREAFTER KNOWN, AS GRANTOR OR ITSSUCCESSORS . OR ASSIGNS MAY DEEM ADVISABLE, TO PROSPECT FOR, INVEST!GA TE FOR, EXPLORE FOR, DRILL FOR, PRODUCE, EXTRACT, REMOVE A:-ID REDUCE TO POSSESSION AND OWNERSHIP, ALL SUCH MINERALS, SALT WATER, BRINES AND GEOTHERMAL RESOURCES, WHICH ARE IN, UNDER OR MAYBE PRODUCED FROM THE PREMISES; THE EXCLUSNE RIOHTTO DRILL INTO AND THROUGH THE PREMISES TO EXPLORE FOR AND THEREAFTER PRODUCE AND EXTRACT MINERALS, SALT . WATER, BRINES MiD GEOTHERMAL RESOURCES WHICH MAY BE PRODUCED FROM AD1ACENT PROPERTY; THE RIGHT TO L>\ Y, CONSTRUCT, ERECT AND PLACE UPON AND IN THE PREMISES, AND USE, MAINTAIN MiD OPERATE THEREON AND THEREAFTER REMOVE, ALL MACHINERY, FIXTURES, EQUIPMENT, PIPE LINES, TELEPHONE UNES, ELBCI'RlC POWER LINES, ROADS, AND OTHER STRUCTURES AND FAC]UTIES AS GRANTOR OR ITS SUCCESSORS OR ASSIGNS MAY DEED ADVISABLE, FOR THE EXERCISE AND ENJOYMENT OF THE RIGHTS HEREIN EXCEPTED AND RESERVED; THE EXCLUSIVE RIGHT TO TREAT, PROCESS, (BUT NOT REFINE), sroRE UPON AND REMOVE FROM THE PREMISES SUCH MINERALS, SALT WATER, BRINES AND GEOllŒRMAL RESOURCES; THE EXCLUSIVE RIGHT TO PRODUCE AND EXTRACT SUCH MINERALS BY SUCH METHOD OR METHODS AS GRANTOR OR ITS SUCCESSORS OF ASSIGNS MAY DEEM ADVISABLE; THE RIGHT AT ALL TIMES, WITHOUT CHARGE, TO INVESTIGATE FOR, EXPLORE FOR, DRILL FOR, PRODUCE, REMOVE AND REDUCE TO POSSESSION AND OWNERSffiP, THOSE QUANTITIES OF FRESH WATER FROM AQUIFERS UNDERLYING SAID REAL PROPERTY DEEMED NECESSARY BY GRANTOR OR ITS SUCCESSORS OR ASSIGNS TO USE IN PROSPEC1lNG, EXPLORING, DRILLING, PRODUCING, EXTRACTING AND REMOVING OR OTHER OPERATIONS IN CONNECTION WITH THE FULL ENJOYMENT AND EXERCISE OF THE RIGHTS HEREIN EXCEPTED AND RESERVED AND ANY AND ALL OTHER RIGHTS UPON SAID REAL PROPERTY AS GRANTOR OR ITS SUCCESSORS OR ASSIGNS DEEMS NECESSARY, INCIDENTAL TO, OR CONVENIENT, WHETHER ALONE OR CONJOINTLY"'TIH NEIGHBORING LANDS, IN EXPLORING FOR. PRODUCING AND EXTRACTING ruE MINERALS, SALT WATER, BRINES MD GEOTHERMAL RESOURCES HEREIN EXCEPTED AND RESERVED; AND THE UNLIMITED AND UNRESTRICTED RIGHTS OF ACCESS TO SAID MINERALS, SALT WATER, BRINES AND GEOlliERMAL RESOURCES AND OF INGRESS AJItJ) EGRESS TO AND FROM, OVER A:-';D ACROSS SAID REAL PROPERTY FOR ALL PURPOSES DEEMED ADVISABLE BY GRMo.'TOR OR ITS SUCCESSORS OR ASSIGNS IN THE EXERCISE OF THE RIGHTS EXCEPTED AND RESERVED HEREIN PROVIDED, HOWEVER. THAT GRANTOR, OR ITS SUCCESSORS AND ASSIGNS, UPON BEING PROVIDED PROOF THEREOF, SHALL COMPENSATE GRANTEE OR ITS SUCCESSORS MiD ASSIGNS (A) FOR ANY AND ALL ACTUAL DAMAGE TO IMPROVEMENTS, TREES AND GROWING CROPS uPON SAID REAL PROPERTY WHICH IS CAUSED BY THE EXERCISE OF THE RIGHTS EXCEPTED AND RESERVED HEREIN, AND (B) THE REASONABLE VALUE OF THE LANDS USED FOR ACTUAL DEVELOPMENT AND EXTRACTION OF SUCH MINERAL RIGHTS AS RESERVED IN DEED FROM TENI'ŒCO WEST, INC.. A DELAWARE CORPORATION, RECORDED MARCH 9,1990 IN BOOK 6355, PAGE 943. OF OFFICIAL RECORDS. ~I\K£"ì. ~ 'S >- rn \:; D Ù ()RI(;\NÞ-\ LOT 16 OF SECI10N 3, TOWNSHIP 29 SOUTH, RANGE 26 EAST, MOUNT DIABLO MERIDIAN, IN THE UNINCORPORATED AREA OF THE COUNTY OF KERN, Sf A TE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. EXCEPT ALL INTERESTS CONVEYED TO TENNECO OIL COMPANY, A DELAWARE CORPORATION IN ASSIGNMENT AND CONVEYA>lCE THEREOF RECORDED NOVEMBER 18, 1988 OF THE OFF1CE OF THE KERN COUNTY RECORDER, IN BOOK 6183 OF OFFICIAL RECORDS, AT PAGE 1167, WInCH INTERESTS CAN BE BRIEFLY SUMMARIZED AS OIL, GAS AND OTHER LIQUID AND GASEOUS HYDROCARBONS, AND IN ADDITION THERETO CARBON DIOXIDE, HYDROGEN, HEUUM, NITROGEN, METHANE, SULFUR, (IN EACH CASE IN EITHER LIQUID OR GASEOUS FORM), AND ÀNY OTHER LIQUID OF GASEOUS SUBSTANCES, INERT OR OTHERWISE, OR ANY OF THEM, AND A!I.'Y MlNERALS OR OTHER SUBSTANCES PRODUCED IN ASSOCIATION THEREWITH ("HYDROCARBONS") IN, ON OR UNDER THE PREM1SES, TOGETHER WITH ALL RIGHTS, PRIVILEGES, DUTIES AND RESPONSIBIlJTIEs IN ANY WAY RELATED THERETo. .GRANTEE ACKNOWLEDGES THAT THIS RESERVATION IS FULLY SET FORTH IN THE CONVEYANCE REFERRED TO ABOVE AND THAT IT TAKES TmE SUBJEcr TO THAT CONVEYANCE AND NOT SUBJEcr TO THIS SUMMARY WHICH 1S FOR CONVENIENCE ONLY. SAID ASS1GNMENT AND CONVEYANCE WAS CLARIFIED BY FIRST AMEND~Ej','TTHEREOF RECORDED JANUARY 17, J989 IN THE KERN COUNTY RECORDER OFFICE, IN BOOK 6200 OF OFFICIAL RECORDS, AT PAGE 1908. ALSO EXCEPTING ALL OTHER MINERALS OF WHATEVER KIND OF CHARACTER, ALL HEREIN COLLECTIVELY CALLED "MINERALS", NOT CONVEYED TO TENNECO OIL COMPANY WHETHER SUCH MINERALS ARE NOW KNOWN TO EXIST OR HEREAFTER DISCOVERED (IT BEING 1NTENDED THAT THE WORD "MlNERALS' AS USED HEREIN SHAll.. BE DEFINED IN THE BROADEST SENSE OF THE WORD BY SHALL NOT INCLUDE SAND, GRAVEL OR AGGREGATES) WHICH ARE IN, UNDER OR MAY BE PRODL'CED FROM THE PREMISES; ALL SALT WATER, BRINES AND GEOTHERMAL RESOURCES, IN, Uj',1)ER OR MAYBE PRODUCED FROM SAID REAL PROPERTY; THE EXCLUSIVE RIGHT, BY WHATEVER METHODS NOW OR HEREAFTER KNOWN, AS GRANTOR OR ITS SUCCESSORS OR ASS1GNS MA Y DEE~ ADVJSABLE, TO PROSPECT FOR, INVESTIGATE FOR, EXPLORE FOR, DRILl.. FOR, PRODUCE, EXTRAcr, REMOVE AND REDUCE TO POSSESSION AND OWNERSHIP, ALL SUCH MINERALS, SALT WATER, BRINES AND GEOTHERMAL RESOURCES, WHICH ARE IN, UNDER OR MA Y BE PRODUCED FROM THE PREM1SES; THE EXCLUSIVE RIGIIT TO DRILL JII.'TO AND THROUGH THE PREt-.!ISES TO EXPLORE FOR AND THEREAFfER PRODUCE AND EXTRAcr MINERALS, SALT WATER, BRINES AND GEOTHERMAL RESOURCES WH1CH MAY BE PRODUCED FROM A])JACENT PROPERTY; THE RIGIIT TO LAY, CONSTRUcr, ERBer AND PLACE UPON AND IN THE PREMISES, AND USE, MAINTAIN AND OPERATE THEREON AND THEREAFTER REMOVE, ALL MACHINERY, FD\TURES, EQUIPMENT, PIPE UNES, 'TELEPHONE LINES, ELECTRlC POWER UNES, ROADS, AND OTHER STRUCTURES AND PACIUTIES A5 GRANTOR OR ITS SUCCESSORS OR ASSIGNS MAY DEED ADVISABLE, FOR THE EXERCISE AND ENJOYMENT OF THE RIGHTS HEREIN EXCEPTED AND RESERVED; THE EXCLUSIVE R1GHT TO TREAT, PROCESS, (BUT NOT REFJNE), STORE UPON AND REMOVE FROM THJ:: PREMISES SUCH MINERALS, SALT WATER, BRINES AND GEOTHERMAL RESOURCES; THE EXCLUSIVE RIGHT TO PRODUCE AND EXTRAcr SUCH MINERALS BY SUCH METHOD OR METHODS AS GRANTOR OR ITS SUCCESSORS OF ASSIGNS MAY DEEM ADVISABLE; THE RIGHT AT ALL TI'>IES, WlTHOCT CHARGE, TO INVESTIGATE FOR, EXPLORE POR, DRILL FOR, PRODUCE, REMOVE A."ID REDUCE TO POSSESSION AND OWNERSHIP, THOSE QUANTITIES OF FRESH WATER FROM AQUIFERS U:-';DERLYING SAID REAL PROPERTY DEEMED NECESSARY BY GRANTOR OR ITS SUCCESSORS OR ASSIGM TO USE IN PROSPECTING, EXPLORING, DRILLING, ~t>.KS-1 ~ 'S >- m ~ D v ORIG\NAl PRODUCING, EXTRACTING AND REMOVING OR OTHER OPERATIONS IN CONNECTION WITH THE FULL ENIOYMENT AND EXERCISE OF TI!E RIGHTS HBREIN EXCEPTBD AND RESERVED AND ANY AND ALL OTHER RIGHTS UPON SAID REAL PROPER1Y AS GRANTOR OR rrs SUCCESSORS OR ASSIGNS DEEMS NECESSARY, INCIDENTAL TO, OR CONVENIENT, WHETHER ALONE OR CONJOINTLY WITH NEIGHBORING LA»,ms, IN EXPLORING FOR, PRODUCING AND EXTRACTING' THE MINERALS; SALT WATER, BRINES AND GEOTHERMAL RESOURCES HEREIN EXCEPTED AND RESERVED; AND THE UNUMlTED AND UNRESTRICTED RIGHTS OF ACCESS TO SAID MINERALS, SALT WATER, BRINES AND GE011IER}"fAL RESOURCES AND OF INGRESS AND EGRESS TO AND FROM, OVER AND ACROSS SAID REAL PROPERTY FOR ALL PURPOSES DEEMED ADVISABLE BY GRANTOR OR ITS SUCCESSORS OR ASSIGNS IN THE EXERCISE OF THE RIGHTS EXCEPTED AND RESERVED HEREIN PROVIDED, HOV."EVER, THAT GRANTOR, OR ITS SUCCESSORS AND ASSIGNS, UPON BEING PROVIDED PROOF THEREOF, SHALL COMPENSATE GRANTEE OR ITS SUCCESSORS AND ASSIGNS (A) FOR ANY AND ALL ACTUAL DAMAGE TO IMPROVEMENTS, TREES AND GROWING CROPS UPON SAID REAL PROPERTY WHICH IS CAUSED BY THB EXERCISE OF THE RIGHTS EXCEPTED AND RESERVED HEREIN, AND (B) THE REASONABLE VALUE OF THE LANDS USED FOR ACTUAL DEVELOPMENT AND EX'IRACTION OF SUCH MINERAL RIGHTS AS RESERVED IN DEED FROM TENNECO WFSr, INC., A DELAWARE CORPORATION, RECORDED MARCH 9,1990 IN BOOK 6355, PAGE 943, OF OFFICIAL RECORDS. PARCEL 4: ALL THAT PORTION OF SECTION 4 TOWNSHIP 29 SOUTH, RANGE 26 EAST, MOUNT DIABLO MERIDIAN, IN THE UNINCORPORATED AREA OF THE COUNTY OF KERN, STAm OF CAUFORN/A, ACCORDING TO THE OFFICIAL PlAT TI!EREOF, LYING NORTHEASTERLY OF THE ATCHISON- TOPEKA AND SANTA FE RAILROAD. EXCEPT PARCEL A OF LOT UNE ADJUSTMENT NO. 29-98 AS EVIDENCE BY THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED MAY 15, 1998 AS INSTRUMENT NO. 0198064190 OF OFFICIAL RECORDS DESCRIBED AS FOLLOWS: ALL THAT PORTION OF SAID NOR11¡v.¡EST QUARTER OF THE NORTHWEST QUARTER LYING NORTHER!. Y AND EASTERLY OF THE NORTHEASTER!. Y RIGHT OF WAY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY (FORMERLY THE SAN FRANCISCO AND SAN JOAQUIN VALLEY R"ILW A Y COMPANY) THROUGH SAID SECTION 4, AS PER DEED RECORDED IN BOOK 73 PAGE 132 OF DEEDS. EXCEPT ALL INTERESTS CONVEYED TO TENNECO OIL COMPANY, A DELAWARE CORPORATiON IN ASSIGNMENT A?';D CONVEYANCE THEREOF RECORDED NOVEMB& 18, 1988 OF THE OFFICE OF THE KERN COUNTY RECORDER, IN BOOK 6183 OF OFFICIAL RECORDS, AT PAGE 1167, Wl:UCH NTERESTS CAN BE BRIEFLY SUMMARIZED AS OIL, GAS AND OTHER LIQUID AND GASEOUS HYDROCARBONS. AND IN ADDmON THERETO CARBON DIOXIDE, HYDROGEN, HELIUM, NITROGEN, METHANE, SULFUR, (IN EACH CASE IN EITHER LIQUID OR GASEOUS FORM), AND ANY OTHER LIQUID OF GASEOUS SUBSTANCES, INERT OR OTHERWISE. OR ANY OF THEM, AND ANY MINERALS OR OTHER SUBST A:-ICES PRODUCED IN ASSOCIATION THEREWITH ("HYDROCARBONS") IN, ON OR UNDER THE PREMISES, TOGETHER WITH ALL RIGHTS, PRNILEGES, DUTIES AND RESPONSIBILITIES IN ANY WAY RELATED THERETO. GRANTEE ACKNOWLEDGES THAT THIS RESERVATION IS FULLY SET FORTH IN THE CONVEYANCE REFERRED TO ABOVE AND THAT IT TAKES TITLE SUBJECT TO THAT CONVEYANCE AND NOT SUBJECT TO THIS SUMMARY WHICH IS FOR CONVENIENCE ONLY. SAID ASSIGNMENT AND CONVEYANCE WAS CLARIFIED BY FIRST ,òþ.,Ke-9~ d ~ rn ,.. r '::- D o ()RIG\NAL AMENDMENT THEREOF RECORDED JANUARY 17, 1989 IN niB KERN COUNTY RECORDER OFFICE, IN BOOK 6200 OF OFFICIAL RECORDS, AT PAGE 1908. ALSO EXCEPTING ALL OTHER MINERALS OF WHATEVER KIND OF CHARACTER, ALL HEREIN COLLEèT!VEI.:Y CALLED "MINERALS", NOT CONVEYED TO TENNECO OIL COMPANY WHETHER SUCH MINERALS ARE NOW KNOWN TO EXIST OR HEREAF1'ER DISCOVERED (IT BEING INTENDED THAT THE WORD 'MINERALS" AS USED HEREIN SHALL BE DEFINED IN THE BROADEST SENSE OF TIlE WORD BY SHALL NOT INCLUDE SAND, GRAVEL OR AGGREGATES) WHICH ARE IN, UNDER OR MAY BE PRODUCED FROM THE PREI>.IISES; ALL SALT WATER, BRINES AND GEOTHERMAL RESOURCES. IN, UNDER OR MAY BE PRODUCED FROM SAID REAL PROPERTY; THE EXCLUSIVE RIGHT, BY WHATEVER METHODS NOW OR HEREAFTER KNOWN, AS GRANTOR OR ITS SUCCESSORS OR ASSIGNS MAY DEEM ADVISABLE, TO PROSPECT FOR, INVESTIGATE FOR, EXPLORE FOR, DRILL FOR, PRODUCE, EXTRACT, REMOVE AND REDUCE TO POSSESSION AND OWNERSHIP, ALL SUCH MINERALS, SALT WATER, BRINES AND GEOTHERMAL RESOURCES, WHICH ARE IN, UNDER OR MAYBE PRODUCED FROM THE PREMISES; THE EXCLUSIVE RIGHT TO DRILL INTO AND THROUGH THE PREMISES TO EXPLORE FOR AND THEREAFTER PRODUCE AND EXTRACT MINERALS, SALT WATER, BRINES AND GEOTHERMAL RESOURCES WIDCH MAY BE PRODUCED FROM ADJACENT PROPERTY; llfE RlGHT TO LA Y, CONSTRUCT, ERECT AND PLACE UPON AND IN THE PREMISES, AND USE, MAINTAIN AND OPERATE THEREON AND THEREAFTER REMOVE, ALL MACHINERY, FIXTURES, EQUIPMENT, PIPE LINES, TELEPHONE LINES, ELEC1RJC POWER LINES, ROADS, AND OTHER STRUCTURES AND FACILITIES AS GRANTOR OR ITS SUCCESSORS OR ASSIGNS MAY DEED ADVISABLE, FOR mE EXERCISE AND ENJOYMENT OF THE RlGHTS HEREIN EXCEPTED AND RESERVED; THE EXCLUSIVE RIGHT TO TREAT, PROCESS. (BIIT NOT REFINE), STORE UPON AND REMOVE FROM THE PREMISES SUCH MINERALS, S.-'\LT WATER, BRINES AND GEOllfERMAL RESOURCES; THE EXCLUSNE RlGHT TO PRODUCE AND EXTRACT SUCH MINERALS BY SUCH METHOD OR METHODS AS GRANTOR OR ITS SUCCESSORS OF ASSIGNS MAY DEEM ADVISABLE; THE RIGHT AT ALL TIMES, WITHOIIT CHARGE, TO INVESTIGATE FOR, EXPLORE FOR, DRILL FOR, PRODUCE, REMOVE AND REDUCE TO POSSESSION AND OWNERSHIP, THOSE QUANTITIES OF FRESH WATER FROM AQUIFERS UNDERLYING SAID REAL PROPERTY DEEMED NECESSARY BY GRANTOR OR ITS SUCCESSORS OR ASSIGNS TO USE IN PROSPECTING, EXPLORING, DRlLUNG, PRODUCING, EXTRACTING A1'<'D REMOVING OR OTHER OPERATIONS IN CONNECTION WITH THE FULL ENJOYMENT AND EXERCISE OF TIJ.E RIGHTS HEREIN EXCEPTED AND RESERVED AND ANY AND ALL OTHER RIGHTS UPON SAID REAL PROPERTY AS GRANTOR OR ITS SUCCESSORS OR ASSIGNS DEEMS NECESSARY, INCIDENTAL TO, OR CONVENIENT, WHETHER ALONE OR CONJOINTI. Y v.'ITH NEIGHBORING LANDS, IN EXPLORING POR, PRODUCING AND EXTRACTING THE MINERALS, SALT WATER, BRINES AND GEOTHERMAL RESOURCES HEREIN EXCEPTED AND RESERVED; AND TIJ.E UNLIMITED AND UNRESTRICTED RlGHTS OF ACCESS TO SAID MINERALs, SALT WATER, BRlNES AND GEOTHERMAL RESOURCES AND OF INGRESS AND EGRESS TO AND FROM, OVER AND ACROSS SAID REAL PROPERTY FOR ALL PURPOSES DEEMED ADVISABLE BY GRANTOR OR ITS SUCCESSORS OR ASSIGNS IN THE EXERCISE OF THE RIGHTS EXCEPTED AND RESERVED HEREIN PROVIDED, HOWEVER, THAT GRANTOR, OR ITS SUCCESSORS AND ASSIGNS, UPON BEING PROVIDED PROOF THEREOF, SHALL COMPENSATE GRANTEE OR ITS SUCCESSORS AND ASSIGNS (A) FOR ANY AND ALL ACTUAL DAMAGE TO IMPROVEMENTS, TREES AND GROWING CROPS UPO" SAID REAL PROPERTY WHICH IS CAUSED BY TIJ.E EXERCISE OF THE RIGHTS EXCEPTED AND RESERVED HEREIN, AND (B) mE REASONABLE VALUE OF THE LANDS USED FOR ACTUAL DEVELOPMENT AND EXTRACTION OF SUCH MINERAL RIGHTS AS RESERVED IN DEED FROM TENNECO WEST, r-;c., A DELAWARE CORPORATION, RECORDED MARCH 9,1990 IN BOOK 6355, PAGE 943, OF OFFICIAL RECORDS. .>- I. 't>Þ-Kê'1", Ò' ~ fT1 r '::. <:> v OR\(',\N~\ AL!.. THOSE PORTIONS OF THE NORTHWEST QUARTER AND THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 29 SOUTH, RANGE 26 EAST, MOUNT DIABLO MERIDIAN, IN THE UNlNCORPORA TED AREA OF THE COUNTY OF KERN STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, LYING SOUTHWESTERLY OF THE ATCmSON-TOPEKA AND SANTA FE RAILROAD. EXCEPT ALL INTERESTS CONVEYED TO TENNECO OIL COMPANY, A DELAWARE CORPORATION IN ASSIGNMENT AND CONVEYANCE THEREOF RECORDED NOVEMBER 18,1988 IN THE OFFICE OF THE KERN COUNTY RECORDER, IN BOOK 6183 OF OFFICIAL RECORDS, AT PAGE 1167, WHICH INTERESTS CAN BE BRIEFLY SUMMARIZED AS OIL, GAS AND OTHER LIQUID AND GASEOUS HYDROCARBONS, AND IN ADDITION THERETO CARBON DIOXIDE, HYDROGEN, HEUUM, NITROGEN, METHANE, SULFUR, (IN EACH CASE IN EITHER LIQUID OR GASEOUS FORM) AND ANY OTHER LIQUID OR GASEOUS SUBSTANCES, INERT OR OTHERWISE, OR ANY OF THEM, AND ANY MINERALS OR OTHER SUBSTA.\lCES PRODUCED IN ASSOCIATION THEREWITH ("HYDROCARBONS"). IN, ON OR UNDER THE PREMISES, TOGETHER WITH ALL RIGHTS, PRIVILEGES, DUTIES AND RESPONSIBIUTIES IN ANY WAY RELATED THERETO. GRANTEE ACKNOWLEDGES THAT THIS RESERVATION IS FULLY SET FORTH IN THE CONVEYANCE REFERRED TO ABOVE AND THAT IT TAKES TITLE SUBJECT TO THAT CONVEYANCE AND NOT SUBJECT TO TillS SUMMARY WHICH IS FOR CONVENIENCE ONLY. SAID ASSIGNMEI'o'T AND CONVEYANCE WAS CLARIFIED BY FIRSr AMENDMENT THEREOF RECORDED JANUARY 17, 1989 IN THE KERN COUNTY RECORDER OFFICE, IN BOOK 6200 OF OFFICIAL RECORDS, AT PAGE 1908. ALSO EXCEPTING ALL OTHER MINERALS OF WHATEVER KIND OR CHARACTER, ALL HEREIN COLLECTIVELY CALLED "MINERALS", NOT CONVEYED TO TENNECO OIL COMPANY WHETHER SUCH MINERALS ARE NOW KNOWN TO Ð.1ST OR HEREAFTER DISCOVERED (IT BEING DITENDED THAT THE WORD "MINERALS" AS USED HEREIN SHALL BE DEFINED IN THE BROADEST SENSE OF THE WORD BUT SHALL NOT INCLUDE SAND, ORA VEL OR AGGREGATES) WHICH ARE IN, UNDER OR MAY BE PRODUCED FROM THE PREMISES; ALL SALT WATER, BRINES AND GEOTHERMAL RESOURCES, IN, UNDER OR MAY BE PRODUCED FROM SAID REAL PROPERTY; THE EXCLUSIVE RIGHT, BY WHATEVER METHODS NOW OR HEREAFTER KNOV.'N, AS GRANTOR OR ITS SUCCESSORS OR ASSIGNS MAY DEEM ADVISABLE, TO PROSPECT FOR, INVESTIGATE FOR, EXPLORE FOR, DRILL FOR, PRODUCE, EXTRACT, REMOVE AND REDUCE TO POSSESSION AND OWNERSHIP; AlL SUCH MINERALS, SALT WATER, BRINES AND GEOTHERMAL RESOURCES, '''RICH ARE IN, UNDER OR MAY BE PRODUCED FROM THE PREMISES; THE EXCLUSIVE RIGHT TO DRILL INTO AI'o"D THROt,JGH THE PREMISES TO EXPWRE FOR AND THEREAFTER PRODUCE AND EXTRACT MINERALS SALT WATER, BRINES AND GEOTHERMAL RESOURCES WHICH MAY BE PRODUCED FORM ADJACENT PROPERTY; THE RIGHT TO LAY, CONSTRUCT, ERECT AND PLACE UPON AND IN THE PREMISES. AND USE, MAINTAIN AND OPERATE TIiEREON AND THEREAFTER RE.\lOVE, ALL MACHINERY, FIXTURES, EQUIPMENT, PIPE UNES, TELEPHOm; LINEs, ELECTRIC POWER LINES, ROADS AND OTHER STRUCTURES AND FACILITIES AS GRANTOR OR ITS SUCCESSORS OR ASSIGNS MAY DEEM ADVISABLE, FOR THE EXERCISE AND ENJOYMENT OF THE RIGHTS HEREIN EXCEPTED AND RESERVED; THE EXCLUSIVE RIGHT TO TREAT, PROCESS, (BUT NOT REFINE) STORE uPON AND REMOVE FROM THE PREMISES SUCH MINERALS, SALT WATER, BRINES AND GEOTHERMAL RESOURCES; THE EXCLUSIVE RIGHT TO PRODUCE AND Ð.ïRAcr SUCH MINERALS BY SUCH METHOD OR METHODS AS GRANTOR OR ITS SUCCESSORS OR ASSIGNS MAY DEEM ADVISABU':; THE RIGHT AT ALL TIMES, WITHOUT CHARGE, TO INVESTIGATE FOR, E..XPWRE FOR, DRILL FOR, x 'QÞ-/(é:.s> <:> .¿;, >- ¡;; ,.... r- Õ <:> ()RIGINAI . ..-....-..--.--...--.-.. PRODUCE, REMOVE AND REDUCE TO POSSESSION AND OWNERSHIP, THOSE QUANTITIES OF FRESH WATER FROM AQUIFERS UNDERLYING SAID REAL PROPERTY DEEMED NECESSARY BY GRANTOR OR ITS SUCCESSORS OR ASSIGNS TO USE IN PROSPECJ1NG, EXPLORING, DRlLUNG, PRODUCING, EXTRACJ1NG AND REMOVING OR OTHER OPERATIONS IN CONNECTION WITH THE FULL ENJOYMENT AND EXERCISE OF THE RIGHTS HEREIN EXCEPTED AND RESERVED AND ANY AND ALL OTHER RIGHTS UPON SAID REAL PROPERTY AS GRANTOR OR ITS SUCCESSORS OR ASSIGNS DEEMS NECESSARY, INCIDENTAL TO, OR CONVENIENT, WHETHER ALONG OR CO JOINTLY'VITII NEIGHBORING LAND, IN EXPLORING FOR, PRODUCING AND EXTRACTING THE. MINERAI.S, SALT WATER, BRINES AND GEOTIlERMAL RESOURCES HEREIN EXCEPTED AND RESERVED; AND TIlE UNLIMITED AND UNRESTRICTED RIGHTS OF ACCESS TO SAID MINERALS, SALT WATER, BRINES AND GEOTHERMAL RESOURCES AND OF INGRESS AND EGRESs TO AND FROM, OVER AND ACROSS SAID REAL PROPERTY FOR ALL PURPOSES DEEMED ADVISABLE BY GRANTOR OR ITS SUCCESSORS OR ASSIGNS IN THE EXERCISE OF THE RIGHTS EXCEPTED AND RESERVED HEREIN PROVIDED, HOWEVER, THAT GRANTOR, OR ITS SUCCESSORS AND ASSIGNS, UPON BEING PROVIDED PROOF THEREOF, SHALL COMPENSATE GRANTEE OR ITS SUCCESSORS AND ASSIGNS (A) FOR ANY AND ALL ACfUAL DAMAGE TO IMPROVEMENTS, TREES AND GROWING CROPS UPON SAID REAL PROPERTY WHICH IS CAUSED BY THE EXERCISE OF THE RIGHTS EXCEPTED AND RESERVED HEREIN, AND (8) TIlE REASONABLE VALUE OF THE LANDS USED FOR ACTUAL DEVELOPMENT AND EXTRACTION OF SUCH MINERAL RIGHTS AS RESERVED IN DEED fROM TENNECO WESr, INC., ADELA WARE CORPORATION, RECORDED MARCH 9, 1990 IN BOOK 6355 PAGE 943, OF OFFICIAL RECORDS. PARCEL 6: TIlE NORTII HALF AND THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP 29 SOUTH, RANGE 26 EAST, MOUNT DIABLO MERIDIAN, IN THE UNDlCORPORATED AREA OF THE COUN1Y OF KERN, STATE OF CALlFORl'<1A, ACCORDING TO THE OFFICIAL PLAT THEREOF. EXCEPT ALL INTERESTS CONVEYED TO TENNECO OIL COMPANY, A DELAWARE CORPORATION IN ASSIGNMENT AND CONVEYANCE THEREOF RECORDED NOVEMBER 18, 1988 IN THE OFFICE OF THE KERN COUNTY RECORDER, IN BOOK 6183 OFOFFIClAL RECORDS, AT PAGE 1167, WHICH INTERESTS CAN BE BRIEFLY SUMMARIZED AS OIL, GAS AND OTHER UQUID AND GASEOUS HYDROCARBONS, AND IN ADDmON THERETO CARBON DIOXIDE, HYDROGEN, HEUUM, NITROGEN, METHANE, SULFUR, (IN EACH CASE IN EITHER LIQUID OR GASEOUS FORM) AND ANY OTHER LIQUID OR GASEOUS SUBSTANCES, INERT OR OTHERWISE, OR ANY OF THEM, AND ANY MINERALS OR OTHER SUBsr ANCES PRODUCED IN ASSOCIATION THEREWITH ('HYDROCARBONS') IN, ON OR UNDER THE PREMISES, TOGETHER WITH ALL RIGHTS, PRIVILEGES, DUTIES AND RESPONSffiILl11ES IN ANY WAY RELATED THERETO. GRANTEE AÇKNOWLEDGES THAT THIS RESERVATION IS FULLY SET FORm IN THE CONVEYANCE REFERRED TO ABOVE AND THAT IT TAKES TITLE SUBJECf TO THAT CONVEYANCE AND NOT SUBJECT TO THlS SUMMARY ?1HCH IS FOR CONVENIENCE ONLY. SAID ASSIGNMENT AND CONVEYANCE WAS CLARIFIED BY FIRST AMENDMENT THEREOF RECORDED JANUARY 17, 1989 L'i THE KERN COUNTY RECORDER OFFICE, IN BOOK 6200 OF OFFICIAL RECORDS, AT PAGE 1908. ~Þ.KE",ú' ~ ~ ¡n >- r >;:: CJ V O\\\G\N~\ ALSO EXCEPTING ALL OTHER MINERALS OF WHATEVER KIND OR CHARACTER, ALL HEREIN COLLECTNELY CALLED "MINERALS", NOT CONVEYED TO TENNECO' OIL COMPANY WHETIlBR SUCH MINERALS ARE NOW KNOWN TO EXIST OR HEREAFTER DISCOVERED (IT BEING INTENDED THA T THE WORD "MINERALS" AS USED HEREIN SHALL BE DEFINED IN THE BROADEST SENSE OF THE WORD BUT SHALL NOT INCLUDE SAND, GRAVEL OR AGGREGATES) WHICH ARE IN, UNDER OR MAY BE PRODUCED FROM THE PREMISES; ALL SALT WATER, BRINES AND GEOTHERMAL RESOURCES, IN, UNDER OR MAY BE PRODUCED FROM SAID REAL PROPERTY; THE EXCLUSIVE RIGHT, BY V,iHA TEVER METHODS NOW OR HEREAFTER KNOWN, AS GRANTOR OR ITS SUCCESSORS' OR ASSIGNS MAY DEEM ADVISABLE, TO PROSPECT FOR, !NVESTJGA TE FOR, EXPLORE FOR, DRILL PO.R, PRODUCE, EXTRACT, REMOVE AND REDUCE TO POSSESSION AND OWNERSHIP, ALL SUCH MlNERALS. SALT WATER, BRINBS AND GEOTHERMAL RESOURCES, WillCH ARE IN, UNDER OR MAYBE PRODUCED FROM mE PREMISBS; mE EXCLUSIVE RIGHT TO DRILL INTO AND THROUGH THE PREMISES TO EXPLORE FOR AND THEREAFTER PRODUCE AND EXTRACT MINERALs SALT WATER, BRINES AND GEOmERMAL RESOURCES WHICH MAYBE PRODUCED FORM ADJACENT PROPERTY; THE RIGHT TO LAY, CONSTRUCT, ERECT AND PLACE UPON AND IN THE PREMISES, AND USE, MAINTAIN AND OPERATE THEREON AND THEREAFTER REMOVE, ALL MACHINERY. FIXTURES, EQUIPMENT, PIPE LINES, TELEPHONE UNES, ELECTRIC POWER LINES, ROADS AND OTHER STRUCTURES AND FACILmES AS GRANTOR OR ITS SUCCESSORS OR ASSIGNS MAY DEEM ADVISABLE, FOR THE EXERCISE AND ENJOYMENT OF THE.RIGHTS HERElN EXCEPTED AND RESERVED; THE EXCLUSIVE RIGHT TO TREAT, PROCESS, (BUT NOT REFINE) STORE UPON AND . REMOVE FROM THE PREMISES SUCH MINERALS, SALT WATER, BRINES AND GEOTHERMAL RESOURCES; THE EXCLUSIVE RIGHT TO PRODUCE AND EXTRACT SUCH MINERALs BY SUCH METHOD OR METHODS AS GRANTOR OR ITS SUCCESSORS OR ASSIGNS MAY DEEM ADVJSABLE; THE RIGHT AT ALL TIMES, WImOUT CHARGE, TO !NVESTJGA TE FOR, EXPLORE FOR, DRIlL FOR, PRODUCE, REMOVE AND REDUCE TO POSSESSION AND OWNERSHJP, mOSEQUANTITIES OF FRESH WATÈR FROM AQUIFERS UNDERLYING SAID REAL PROPERTY DEEMED NECESSARY BY GRANTOR OR ITS SUCCESSORS OR ASSIGNS TO USE IN PROSPECTING, EXPLORING, DRILUNG, PRODUCING, EXTRACTING AND REMOVING OR OTHER OPERATIONS IN CONNECJ10N WITH TIJE FULL ENJOYMENT AND EXERCISE OF THE RIGHTS HEREIN EXCEPTED AND RESERVED AND ANY AND ALL OTHER RIGHTS UPON SAID REAL PROPERTY AS GRANTOR OR ITS SUCCESSORS OR ASSIGNS DEEMS NECESSARY. INCIDENTAL TO, OR CONVENIENT. WHETHER ALONG OR CO JOINTLY WITH NEIGHBORING LAND, IN EXPLORING FOR, PRODUCJNG AND EXTRACTING THE MINERALS. SALT WATER, BRINBS AND GEOTHERMAL RESOURCES HEREIN EXCEPTED AND RESERVED; MiD THE UNLIMITED AND UNRESTRICTED RIGHTS OF ACCESS TO SAID MINERALs, SALT WATER, BRINES AND GEOTHERMAL RESOURCES AND OF INGRESS AND EGRESS TO AND FROM, OVER AND ACROSS SAID REAL PROPERTY FOR AlL PURPOSES DEEMED ADVISABLE BY GRANTOR OR ITS SUCCESSORS OR ASSIGNS IN THE EXERCISE OF THE RIGHTS EXCEPTED AND RESERVED HERElN PROVIDED, HOWEVER, THAT GRANTOR, OR ITS SUCCESSORS AND ASSIGNS, UPON BEING PROVIDED PROOF THEREOF, SHALL COMPENSATE GRANTEE OR ITS SUCCESSORS AND ASSIGNS (A) FOR ANY AND ALL ACTUAL DAMAGE TO IMPROVEMENTS, TREES AND GROWING CROPS UPON SAID REAL PROPERTY WHICH IS CAUSED BY TIJE EXERCISE OF THE RIGHTS EXCEPTED AND RESERVED HEREIr-:, AND (B) THE REASONABLE VALUE OF THE LANDS USED FOR ACTUAL DEVELOPMENT AND EXTRACTION OF SUCH MINERAL RIGHTS AS RESERVED rN DEED FROM TENNECO WEST, INC., A DELAWARE CORPORATION, RECORDED MARCH 9,1990 IN BOOK 6355 PAGE 943, OF OFFICIAL RECORDS. 'òþo-I\.Elró' ~ 0<'. a rñ >- r a >;, þ.\ vO\'-.\G''!I LOTS I TO 16, INCLUSIVE, IN SECTION 9, TOWNSHIP 29 SOUTH, RANGE 26 EAST, MOUNT DIABLO MERIDIAN, IN THE UNINCORPORATED AREA OF THE COUNTY OF KERN, STATE OF CALIFORNIA, ACCORDING TO TIlE OFFiCJAL PLAT TIlEREOF. EXCEPT ALL INTERESTS CONVEYED TO TENNECO OIL COMPANY, A DELAWARE CORPORATION IN ASSIGNMENT AND CONVEYANCE THEREOF RECORDED NOVEMBER 18,1988 IN THE OFFICE OF THE KERN COUNTY RECORDER, IN BOOK 6183 OF OFFICJAL RECORDS, AT PAGE 1167, WHICH INTERESTS CAN BE BRIEFLY SUMMARIZED AS OIL, GAS AND OTHER LIQUID AND GASEOUS HYDROCARBONS, AND IN ADDITION THERETO CARBON DIOXIDE, HYDROGEN, HELIUM, NITROGEN, METHANE, SULFUR, (IN EACH CASE IN EITHER LIQUID OR GASEOUS FORM) AND ANY OTHER LIQUID OR GASEOUS SUBSTANCES, INERT OR OTIlERWISE, OR ANY OF THEM, AND ANY MINERALS OR OTIlER SUBSTANCES PRODUCED IN ASSOCIA nON THEREWITH ("HYDROCARBONS") IN, ON OR UNDER THE PREMISES, TOOETHER wrTIl ALL RIGHTS, PRIVILEGES. DUTIES AND RESPONSIBILITIES IN ANY WAY RELATED THERETO. GRANTEE ACKNOWLEDGES THAT THIS RESERVATION IS FULLY SET FORTIl IN THE CONVEYANCE REFERRED TO ABOVE AND THAT IT TAKES TITLE SUBJECT TO THAT CONVEYANCE AND NOT SUBJECT TO THIS SUMMARY WInCH IS FOR CONVENIENCE ONLY. SAID ASSIGNMENT AND CONVEYANCE WAS CLARIFIED BY FIRSI' AME~DMENT THEREOF RECORDED JANUARY 17, 989 IN THE KERN COUNTY RECORDER OFFICE, I:-¡ BOOK 6200 OF OFFICIAL RECORDS, AT PAGE 1908. ALSO EXCEPTING ALL OTIlER MINERALS OF WHA TEYER KIND OR CHARACTER, ALL HEREIN COLLECTIVELY CALLED "MINERALS", NOT CONVEYED TO TENNECO OIL COMPANY WHETHER SUCH MINERALS ARE NOW KNOWN TO EXIST OR HEREAFTER DISCOVERED (JT BEING INTENDED THAT THE WORD 'MINERALS" AS USED HEREIN SHALL BE DEFINED IN THE BROADEST SENSE OF THE WORD BUT SHALL NOT INCLUDE SAND, GRAVEL OR AGGREGATES) WHICH ARE IN, UNDER OR MAY BE PRODUCED FROM THE PREMISES; ALL SALT WATER, BRINES AND GEOTHERMAL RESOURCES, IN, UNDER OR MAYBE PRODUCED FROM SAID REAL PROPERTY; THE EXCLUSIVE RIGHT, BYWHATEYER METIlODS NOW OR HEREAFTER KNOWN, AS GRANTOR OR ITS SUCCESSORS OR ASSIGNS MAY DEEM ADVISABLE, TO PROSPECf FOR, INYESTIGA TE FOR, EXPLORE FOR, DRILL FOR, PRODUCE, EXTRACT, REMOVE AND REDUCE TO POSSESSION AND OWNERSHIP, ALL SUCH MINERALS, SALT WATER, BRJNES AND GEOTHERMAL RESOURCES, WHICH ARE IN, UNDER OR MAYBE PRODUCED FROM THE PRE¡"'USES; TIlE EXCLUSIVE RIGHT TO DRILL INTO AND THROUGH THE PREMISES TO EXPLORE FOR AND THEREAFTER PRODUCE AND EXTRACT MINERALS SALT WATER, BRINES AND GEOTIlERMAL RESOURCES WHICH MAYBE PRODUCED FORM ADJACENT PROPERTY; THE RIGHT TO LAY, CONSTRUCT, ERBCf AND PLACE UPON AND IN THE PREMISES. AND USE. MAINTAIN AND OPERATE THEREON AND THEREAFTER REMOVE, ALL MACHINERY, FIXTURES, EQUIPMENT, PIPE LINES, TELEPHONE tiNES, ELECTRIC POWER LINES. ROADS AND OTHER STRUCTURES AND FACILITIES AS GRANTOR OR ITS SUCCESSORS OR ASSIGNS MAY DEEM ADVISABLE, FOR THE EXERCISE AND ENJOYMENT OF THE RJGHTS HEREIN EXCEPTED AND RESERVED; THE EXCLUSIVE RIGHT TO TREAT, PROCESS, (BUT NOT REFINE) STORE UPON A.1IID REMOVE FROM THE PREMISES SUCH MINERALS, SALT WATER, BRINES AND GEOTHERMAL RESOURCES; THE E.XCLUSIVE RIGHT TO PRODUCE AND EXTRACT SUCH MINERALS BY SUCH METHOD OR METHODS AS GRANTOR OR ITS SUCCESSORS OR ASSIGNS MAY DEEM ADVISABLE; THE RIGHT AT ALL TIMES. WITHOUT CHARGE, TO INVESTJGATE FOR, EXPLORE FOR, DRILL FOR, PRODUCE, REMOVE AND REDUCE TO POSSESSION AND OWNERSHIP, THOSE QUANTITIES OF FRESH WATER FROM AQUIFERS UNDERLYING SAID REAL PROPERTY DEEMED NECESSARY BY GRANTOR OR ITS SUCCESSORS OR ASSIGNS TO USE IN PROSPECTING, EXPLORING, DRILLING, ~~KE-9ó' «. '<' O· - IT' >- r >;::; co v Of\\G\\o\r>-\ PRODUCING, EXTRACTING AND REMOVING OR OTHER OPERATIONS IN CONNECfiON WITH THE FULL ENJOYMENT AND EXERCISE OF THE RIGHTS HEREIN EXCEPTED AND RESERVED AND ANY A1W ALL OTHER RIGHTS uPON SAID REAL PROPERTY AS GRANTOR OR ITS SUCCESSORS OR ASSIGNS DEEMS NECESSARY, INCIDENTAL TO, OR CONVENIENT, WHETHER ALONG OR CO JOINT!.. Y WITH NEIGHBORING LAND, IN EXPLORING FOR, PRODUCING AND EXTRACfINO THE MINERALS, SALT WATER, BRINES AND GEOTHERMAL RESOURCES HEREIN EXCEPTED AND RESERVED; AND THE UNUMITED AND UNRESTRICTED RIGHTS OF ACCESS TO SAID MINERALs, SALT WATER, BRINES AND GEOTHERMAL RESOURCES AND OF INGRESS AND EGRESS TO AND FROM, OVER AND ACROSS SAID REAL PROPERTY FOR ALL PURPOSES DEEMED ADVISABLE BY GRANTOR OR ITS SUCCESSORS OR ASSIGNS IN THE EXERCISE OF THE RlGHTS EXCEPTED AND RESERVED HEREIN PROVIDED, HOWEVER, THAT GRANTOR, OR ITS SUCCESSORS AND ASSIGNS, UPON BEING PROVIDED PROOF THEREOF, SHALL COMPENSATE GRANTEE OR ITS SUCCESSORS AND ASSIGNS (A) FOR ANY AND ALL AcruAL DAMAGE TO IMPROVEMENTS, TREES AND GROWING CROPS UPON SAID REAL PROPERTY WHICH IS CAUSED BY THE EXERCISE OF THE RIGHTS EXCEPTED AND RESERVED HEREIN, AND (8) THE REASONABLE VALUE OF THE LANDS USED FOR ACTUAL DEVELOPMENT AND EXTRACTION OF SUCH MINERAL RIGHTS AS RESERVED IN DEED FROM TENNECO WEST, INC" A DELAWARE CORPORATION, RECORDED MARCH 9,1990 IN BOOK 6355 PAGE 943, OF OFFICIAL RECORDS. PARCEL 8: THAT PORTION OF THE NORTHWEST QUARTER SECTION 10, TOWNSHIP 29 SOUTH, RANGE 26 EAST, MOUNT DIABLO MERIDIAN, IN THE UNINCORPORATED AREA OF THE COUNTY OF KERN STATE OF CAUFORNIA, ACCORDING TO THE OFFICIAL PLA TTHEREOF, LYING SOUTHWESTERLY OF THE ATCHISON-TOPEKA AND SANTA FE RAILROAD. EXCEPT ALL INTERESTS CONVEYED TO TENNECO OIL COMPANY, A DELAWARE CORPORATION IN ASSIGNMENT AND CONVEYANCE THEREOF RECORDED NOVEMBER 18, 1988 IN THE OFFICE OF THE KERN COUNTY RECORDER; IN BOOK 6183 OF OFFICIAL RECORDS, AT PAGE 1167, WHICH INTERESTS CAN BE BRIEFLY SUMMARIZED AS OIL, GAS AND OTHER LIQUID AND GASEOUS. HYDROCARBONS, AND IN ADDmON THERETO CARBON DIOXIDE, HYDROGEN, HBUUM, NITROGEN, METHANE, SULFUR, (IN EACH CASE IN EITHER LIQUID OR GASEOUS FORM) AND ANY ornER LIQUID OR GASEOUS SUBSTANCES, INERT OR OTHERWISE, OR ANY OF THEM, AND ANY MINERALS OR OTHER SUEST ANCES PRODUCED IN ASSOCIA nON THEREWITH ("HYDROCARBONS')' . IN, ON OR UNDER THE -PREMISES, TOG¡¡THER WITH ALL RIGHTS, PRIVILEGES, DUTIES AND RESPONSIBIUTIES IN ANY WAY RELATED THERETO. GRANrnE ACKNOWLEDGES TJ!AT '!HIS RESERVATION IS FULLY SET FORTH IN THE CONVEYANCE REFERRED TO ABOVE AND THAT IT TAXES TITLE SUBJECT TO THAT CONVEYANCE AND NOT SUBJECT TO THIS SUMMARY WHICH IS FOR CONVENIENCE ONLY. SAID ASSIGNMENT AND CONVEYANCE WAS CLARIFIED BY FIRST AMENDMENT THEREOF RECORDED JANUARY 17, 1989 IN THE KERN COUNTY RECORDER OFFICE, IN BOOK 6200 OF OFFICIAL RECORDS, AT PAGE 1908. ~Þ.KS~ó' «. '" C) ¡;; >- r >:;:. D V Ot\IG\\>IÞ-\. ALSO EXCEPTING ALL OTHER MINERALS OF WHATEVER KIND OR CHARACTER, ALL HEREIN COLLECTIVELY CALLED "MINERALS", NOT CONVEYED TO TENNECO OIL COMPANY WHETHER SUCH MINERALS ARE NOW KNOWN TO EXIST OR HEREAFTER DISCOVERED (IT BEING INTENDED THAT THE WORD "MINERALS' AS USED HEREIN SHALL BE DEFINED IN THE BROADEST SENSE OF THE WORD BuT SHALL NOT INCLUDE SAND, GRAVEL OR AGGREGATES) WHICH ARE IN, UNDER OR MAY BE PRODUCED FROM THE PREMISES; ALL SALT WATER, BRINES AND GEOTHERMAL RESOURCES, IN, UNDER OR MAY BE PRODUCED FROM SAID REAL PROPERTY; THE EXCLUSIVE RIGHT, BY WHATEVER METHODS NOW OR HEREAFTER KNOWN, AS GRANTOR. OR ITS SUCCESSORS OR ASSIGNS MAY DEEM ADVISABLE, TO PROSPECT FOR, INVESTIGATE FOR, EXPLORE FOR, DRILL FOR, PRODUCE, EXTRACT, REMOVE AND REDUCE TO POSSESSION AND OWNERSHIP, ALL SUCH MINERALS, SALT WATER, BRINES AND GEOTHERMAL RESOURCES, WHICH ARE IN, UNDER OR MAY BE PRODUCED FROM THE PREMISES; THE EXCLUSIVE RIGHT TO DRILL iNTO AND THROUGH THE PREMISES TO EXPLORE FOR AND THEREAFTER PRODUCE AND EXTRACT MINERALS SALT WATER, BRINES AND GEOTHERMAL RESOURCES WHICH MAY BE PRODUCED FROM AD1ACENT PROPERTY; THE RIGHT TO LAY, CONSTRUCT, ERECT AND PLACE UPON AND IN THE PREMISES, AJ''ID USE, MAINTAIN AND OPERATE THEREON AND THEREAFTER REMOVE, ALL MACHINERY, FIXTURES, EQUIPMENT, PIPE LINES, TELEPHONE LINES, ELECTRIC POWER UNES, ROADS AND OTHER STRUCTURES AND FACILITIES AS GRANTOR OR ITS SUCCESSORS OR ASSIGNS MAY DEEM ADVISABLE, FOR THE EXERCISE AND EN10YMENT OF THE RIGHTS HEREIN EXCEPTED AND RESERVED; THE EXCLUSIVE RIGHT TO TREAT, PROCESS, (BUT NOT REFINE) STORE UPON AND REMOVE FROM THE PREMISES SUCH MINERALS, SALT WATER, BRINES AND GEOTHERMAL RESOURCES; THE EXCLUSIVE RIGHT TO PRODUCE AND EXTRACT SUCH MINERALS BY SUCH METHOD OR METHODS AS GRANTOR OR ITS SUCCESSORS OR ASSIGNS MA YDEEM ADVISABLE; THE RIGHT AT ALL TIMES, V,lTHOUTCHARGE, TO INVESTIGATEPOR, EXPLORE FOR, DRILL FOR, PRODUCE, REMOVE AND REDUCE TO POSSESSION AND OWNERSHIP, THOSE QUANTITIES OF FRESH WATER FROM AQUIFERS UNDERLYING SAID REAL PROPERTY DEEMED NECESSARY BY GRANTOR OR ITS SUCCESSORS OR ASSIGNS TO USE IN PROSPECTING, EXPLORING, DRILLING, PRODUCING, EXTRACTING AND REMOVING OR OTHER OPERATIONS IN CONNECTION WITH THE FULL EN10YMENT AND EXERCISE OF THE RIGHTS HEREIN EXCEPTED AND RESERVED AND ANY AND ALL OTHER RlGIITS UPON SAID REAL PROPERTY AS GRANTOR OR ITS SUCCESSORS OR ASSIGNS DEEMS NECESSARY, INCIDENTAL TO, OR Cm-iVENJENT, WHETHER ALONG OR CO 10INTLY WITH NEIGHBORING LAND, IN EXPLORING FOR, PRODUCING AND EXTRACTING THE MINERALS, SALT WATER, BRINES AND GEOTHERMAL RESOURCES HEREIN EXCEPTED AND RESERVED; AND THE UNLIMITED AND UNRESTRICTED RIGHTS OF ACCESS TO SAID MINERALS, SALT WATER, BRINES AND GEOTHERMAL RESOURCES AND OF INGRESS AND EGRESS.TO AND FROM, OVER AND ACROSS SAID REAL PROPERTY FOR ALL PURPOSES DEEMED ADVISABLE BY GRANTOR OR ITS SUCCESSORS OR ASSIGNS IN THE EXERCISE OF THE RlGHTS EXCEPTED AND RESERVED HEREIN PRO\WED, HOWEVER, 111AT GRANTOR, OR ITS SUCCESSORS AND ASSIGNS, UPON BEING PRO\lDED PROOF THEREOF, SHALL COMPENSATE GRANTEE OR ITS SUCCESSORS AND ASSIGNS (A) FOR ANY AND ALL ACJ1JAL DAMAGE TO IMPROVEMENTS, TREES AND GROWING CROPS UPON SAID REAL PROPERTY WHICH IS CAUSED BY THE EXERCISE OF THE RIGHTS EXCEPTED AND RESERVED HEREIN, AND (B) THE REASONABLE VALUE OF THE LANDS USED FOR ACTUAL DEVELOPMENT AND EXTRACTION OF SUCH MINERAL RIGHTS AS RESERVED IN DEED FROM TENNECO WEST, L\¡C" A DELAWARE CORPORATION, RECORDED MARCH 9,1990 IN BOOK 6355 PAGE 943, OF OFFICIAL RECORDS. ~ <òr-KI:..s>& C) ';:. >- m r- '::. <:> v ORIGINAL ALL THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 10, TO>'.'NSHJP 29 SOUTH, RANGE 26 EAST, MOUNT DIABLO MERIDIAN, IN TIlE UNINCORPORATED AREA OF THE COUNTY OF KERN, STATE OF CALIFORNIA, ACCORDING TO TIlE OffiCIAL PLAT THEREOF, LYING NORTHEASTERLY OF THE ATCmSON TOPEKA AND SANTA FE RAILROAD. . EXCEPT ALL INTERESTS CONVEYED TO TENNECO OIL COMPANY, A DELAWARE CORPORATION IN ASSIGNMENT AND CONVEYANCE THEREOF RECORDED NOVEMBER 18, 1988 IN THE OFFICE OF THE KERN COUNTY RECORDER, IN BOOK 6183 OF OFFICIAL RECORDS, AT PAGE 1167, WIDCH [\'TERESTS CAN BE BRIEFLY SUMMARIZED AS OIL, GAS AND OTIlER LIQUID AND GASEOUS HYDROCARBONS, AND IN ADDmON THERETO CARBON DIOXIDE, HYDROGEN, HBUUM. NITROGEN, METHANE, SULFUR, (IN EACH CASE IN EITHER LIQUID OR GASEOUS FORM) AND ANY OTHER LIQUID OR GASEOUS SUBSTANCES, INERT OR OTHERWISE. OR ANY OF THEM. AND ANY M".NERALS OR OTHER SUBSTANCES PRODUCED IN ASSOCIATION THERBWITH ("HYDROCARBONS") IN, ON OR UNDER THE PREMISES, TOGETHER wrm ALL RIGHTS, PRIVILEGES, DUTIES AND RESPONSIBlLmES IN ANY WAY RELATED THERETO. GRANTEE ACKNOWLEDGES THAT THIS RESERVATION IS FULLY SET FORTH IN THE CONVEYANCE REFERRED TO ABOVE AND THAT IT r AIŒS TITLE SUBJECT TO THA T CONVEYANCE AND NOT SüBJECT TO THIS SUMMARY WHICH IS FOR CONVENIENCE ONLY. SAID ASSIGNMENT AND CONVEYANCE WAS CLARIFIED BY FIRST AMENDMENT THEREOF RECORDED JAl\'UARY 17, 1989 IN THE KERN COUNTY RECORDER OFFICE, IN BOOK 6200 OF OFFICIAL RBCORDS, AT PAGE 1908. ALSO EXCEPTING ALL OTHER MINERALS OF WHATEVER KIND OF CHARACTER, ALL HEREIN COLLECTIVELY CALLED "MiNERALS", NOT CONVEYED TO TENNECO OIL COMPANY WHETHER SUCH MJi'.õERALS ARE NOW KNOWN TO EX1SI' OR HEREAFTER DISCOVERED (IT BEING INTENDED THAT THE WORD 'MINERALS" AS USED HEREIN SHALL BE DEFINED IN THE BROADEST SENSE OF THE WORD BY SHALL NOT INCLUDE SAND, GRð,YEL OR AGGREGATES) WHICH ARE IN, UNDER OR MAY BE PRODUcED FROM THE PREMISES; ALL SALT WATER, BRINES AND GEOTHERMAL" RESOURCES, IN, UNDER OR MAYBE PRODUCED FROM SAID REAL PROPERTY; TIfE EXCLUSIVE RIGHT, BY "''If A TEVER METHODS NOW OR HEREAFTER KNOWN, AS GRANTOR OR ITS SUCCESSORS OR ASSIGNS MAY DEEM ADVISABLE, TO PROSPECT FOR, INVESTIGATE FOR, EXPLORE FOR, DRILL FOR. PRODUCE. EXTRACT, REMOVE AND REDUCE To POSSESSION AND OWNERSHIP, ALL SUCH MINERALS, SALT WATER. BRINES AND GEOTHER.\1AL RESOURCES, WHICH ARE IN, UNDER OR MA Y BE PRODUCED FROM THE PREMISES; THE EXCLUSIVE RIGHT TO DRilL INTO AND THROUGH THE PREMISES TO EXPLORE FOR AND THEREAFJ'ER PRODUCE AND EXTRACT MINERo\Ls, SALT . WATER, BRINES AND GEOTHERMAL RESOURCES WHICH MAYBE PRODUCED FROM ADJACENT PROPERTY; THE RJGHT TO LAY, CONSTRUct', ERECT AND PLACE UPON AND IN THE PREMISES, Al\'D USE, MAINTAIN AND OPERð,TE THEREON AND THEREAFTER REMOVE, ALL MACHINERY. FIXTURES, EQUIPMENT, PIPE LINES, TELEPHONE LINES, ELECIRlC POWER LINES, ROADS, AND OTIŒR STRUcrURES AND FACILITIES AS GRANTOR OR ITS SUCCESSORS OR ASSIGNS MAY DEED AD\lSABLE, FOR THE EXERCISE AND ENJOYMENT OF THE RIGHTS HEREIN EXCEPTED AND RESERVED; THE EXCLUSIVE RIGHT TO TREAT, PROCESS, (BUT NOT REFINE), STORE UPON AND REMOVE FROM THE PREMISES SUCH MINERALS, .sALT WATER, BRINES AND GEOTHERMAL RESOURCES; THE EXCLUSNE RIGHT TO PRODUCE AND EXTRACT SUCH MINERALS BY SUCH METHOD OR METHODS AS GRANTOR OR ITS SUCCESSORS OF ASSIGNS MAY DEEM ADVISABLE; THE RIGHT AT ALL TIMES. WITHOUT CHARGE, TO JIWESTIGATE FOR, EXPLORE FOR, DRILL FOR, PRODUCE, REMOVE AND REDUCE TO POSSESSION AND O\VNERSHIP, THOSE QUANTITIES OF FRESH WATER FROM AQUfFERS UNDERLYING SAID REAL PROPERTY DEEMED NECESSARY BY .. --,-~ -...-.,- <òþ-Ke..$'& ~ '%, >- r ,.- CJ 'á OI'\\G\\'\~'- GRANTOR OR ITS SUCCESSORS OR ASSIGNS TO USE IN PROSPECrING, EXPLORING, DRlLUNG, PRODUCING, EXTRACfING AND REMOVING OR OTHER OPERATIONS IN CONNECllON WITH THE FULL ENJOYMENT AND EXERCISE OF THE RIGHTS HEREIN EXCEPTED AND RESERVED AND ANY AND ALL OTHER RIGHTS UPON SAID REAL PROPERTY AS GRANTOR OR ITS. SUCCESSORS OR ASSIGNS DEEMS NECESSARY, INCIDENTAL TO, OR CONVENIENT, WHETHER ALONE OR CONJOINTLY WITH NEIGHBORING LANDS, IN EXPLORING FOR, PRODUCING AND EXTRACTING THE MINERALS, SALT WATER, BRINES AND GEOTHERMAL RESOURCES HEREIN EXCEPTED AND RESERVED; MID THE UNLIMITED AND UNRESTIUCTED RIGHTS OF ACCESS TO SAID MINERALs, SALT WATER, BRJNES AND GEOTHERMAL RESOURCES AND OP INGRESS AND EGRESS TO AND FROM, OVER AND ACROSS SAID REAL PROPERTY FOR ALL PURPOSES DEEMED ADVISABLE BY GRANTOR OR ITS SUCCESSORS OR ASSIGNS IN THE EXERCISE OF THE RIGHTS EXCEPTED AND RESERVED HEREIN PROVIDED, HOWEVER, THAT GRANTOR, OR ITS SUCCESSORS AND ASSIGNS, UPON BEING PROVIDED PROOF THEREOF, SHALL COMPENSATE GRANTEE OR ITS SUCCESSORS AND ASSIGNS (A) FOR ANY AND ALL .AcruAL DAMAGE TO IMPROVEMENTS, TREES AND GROWING CROPS UPON SAID REAL PROPERTY WHIm IS CAUSED BY THE EXERCISE OF THE RIGHTS EXCEPTED AND RESERVED HEREIN, AI\"D (B) THE REASONABLE V ALVB OF THE LANDS USED FOR ACfUAL DEVELOPMENT AND EXTRACfION OF SUCH MINERAL RIGHTS AS RESERVED IN DEED fROM TENNECO WEST, INC., A DELA WARE CORPORATION, RECORDED MARCH 9, 1990 IN BOOK 6355, PAGE 943, OF OFFICIAL RECORDS. PARCEL 10: THE NORTHEAST QUARTER OF SECIlON 10, TOWNSHIP 29 SOUTH, RANGE 26 EAST, M,D.B.& M" IN THE UNINCORPORATED AREA OF THE COUNTY OF KERN, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, LYING NORTHEASTERLY OF THE ATCffiSON TOPEKA AND SA/"¡TA FE RAILROAD. EXCEn THAT PORTION OF SAID LA:-ID GRANTED TO THE COUNTY OF KERN, BY DEED RECORDED AUGUST 2, 1965 IN BOOK 3862, PAGE ,809 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL A: THAT PORTION OF THE NORTH HALF OF SECfION 10, TOWNSHIP 29 SOUTH, RA.¡';¡GE 26 EAST, M.D.B.& M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 10; THENCE (1) NORTH 89°14'014' WEST, ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER, 2281.62 FEET; THENCE (2) NORTH 0°46'25' EAST, 30.00 FEET, MORE OR LESS, TO A POINT IN THE NORTH LINE OF THE SOUTH 30 FEET OFSAID NORTHEAST QUARTER, AND THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE (3) NORTH 89°14'44' \VEST, ALONG LAST SAID NORTH LINE, 150.005 FEET; THENCE (4) NORTH 72°19'18' EAST, 47.439 FEET; THENCE (5) NORTH 0°46'25- EAST, 7ï.51O FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 670 FEET; THENCE (6) NORTHV,ESTERL Y ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 21"50'00', AN ARC DISTANCE OF 255.3] FEET: THENCE (J) NORTH 21'03'35- WEST, 399.863 FEET; THENCE (8) SOUTH 68°56'25' WEST, 15.00 FEET, THENCE (9) FROM A TANGENT WHICH BEARS SOUTH 21 °03'35" EAST, NORTHWESTERLY ALONG A CrRCULAR CURVE CONCAVE TO THE EAST, HAVING A. RADIUS OF 1245 FEET, THROUGH A CENTRAL ANGLE OF 21'50'00', AN ARC DISTANCE OF 474.423 FEET; THENCE (10) SOUTH 89°13'35" EAST, AND RADIAL TO LAST SAID 'ÇÞ-KE-9ó' ~ ~ ~ rn r t;. <:> v ORIGINAl CURVE, 45.00 FEET TO A POINT WHICH LIES SOUTH 0'46'25" WEST, 1445.10 FEET FROM A POINT ON THE NORTH LINE OF SAID SECTION 10, WHICH LAST SAID POINT LIES. IN TURN, NORTH 89°13'54" WEST, 2640.27 FEET FROM THE NORTHEAST CORNER OF SAID SECTION 10; THENCE (11)- CONTINUING SOUTH 89'13'35" EAST, 45.00 FEET; THENCE (12) FROM A TANGENT WHICH BEARS SOUTII 0'46'25' WEST, SOUTHEASTERLY ALONG A cmeULAR CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 1155 FEET, THROUGH A CENTRAL ANGLE OF 21°50'00', AN ARC DISTANCE OF 440.128 FEET; THENCE (13) SOUTH 68'56'25' WEST, AND RADIAL TO LAST SAID CURVE, 15.00 FEET; THENCE (14) SOUTH 21 '03'35" EAST, 399.863 FEET TO A POINT ON A TANGENT CURVE 1'0' THE WEST, HAVING A RADIUS OF 730 FEET; THENCE (15) SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 21 '50'00", AN ARC DISTANCE OF 278.176 FEET; THENCE (16) SOUTII 0'46'25" WEST, 77.480 FEET; THENCE (17) SOUTH 70°48'27' EAST. 47.429 FEET TO THE TRUE POINT OF BEG!NN1NG. PARCEL B: THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 10, TOW:-;SHIP 29 SOUTH, RANGE 26 EAST, M.D.B.&: M., LYING WESTERLY OF PARCEL A HEREINABOVE DESCRIBED, PROVIDED, HOWEVER, THAT IN NO EVENT SHALL THE NORTHERLY BOUNDARY HEREOF EXTEND NORTH OF THE WESTERLY PROLONGATION OF COURSE (10) AS DESCRIBED IN SAID PARCEL I; EXCEPTING THEREFROM THAT PORTION THEREOF LYING WITHIN THE SOUTHERLY 30 FEET OF SAID NORTHEAST QUARTER, AND ALSO EXCEPTING THEREFROM THAT PORTION THEREOF LYING WITHIN THE RJom OF WAY OF THE ATCIDSON, TOPEKA SANTA FE RAn..WAY. EXCEPT ALL INTERESTs CONVEYED TO TENNECO OIL COMPANY, A DELAWARE CORPORATION IN ASSIGNMENT AND CONVEYANCE THEREOF RECORDED NOVEMBER 18. 1988 IN THE OFFICE OF THE KERN COUNTY RECORDER, IN BOOK 6183 OF OFFICIAL RECORDS, AT PAGE 1167, WHICH INTERESTS CAN BE BRIEFLY SUMMARIZED AS OIL, GAS AND OTHER LIQUID AND GASEOUS HYDROCARBONS, AND IN ADDITION THERETO CARBON DIOXIDE, HYDROGEN, HELIUM, !\1TROGEN. METHANE, SULFUR, (IN EACH CASE IN EITHER LIQUID OR GASEOUS FORM). AND ANY OTHER LIQUID OF GASEOUS SUBSTANCES. INERT OR OTHERV,1SE, OR ANY OF THEM, AND ANY MINERALS OR OTHER SUBSTANCES PRODUCED IN ASSOCIATION THEREWITH ("HYDROCARBONS') IN, ON OR UNDER THE PREMISES, TOGETHER WITH ALL RIGHTS, PRNILEGES, DUTIES AND RESPONSIBILITIES IN ANY WAY RELATED THEREtO. GRANTEE ACKNOWLEDGES THAT THIS RESERVATION IS FULLY SET FORTH IN THE CONVEYANCE REFERRED TO ABOVE AND THAT IT TAKES TITI.,E SUBJECT TO THA T CONVEYANCE AND NOT SUBIECT TO THIS SUMMARY WHICH IS FOR CONVENIENCE ONLY. SAID ASSIGNMENT AND C01'."VEYANCE WAS CLARIFIED BY FIRST AMENDMENT THEREOF RECORDED JANUARY 17, 1989 IN THE KERN COUNrY RECORDER OFFICE, IN BOOK 6200 OF OFFICIAL RECORDS, AT PAGE 1908. ALSO EXCEPTING ALL OTHER MINERALS OF WHATEVER KIND OF CHARACTER, ALL HEREIN COLLECTNELY CALLED "MINERAlS', NOT CONVEYED TO TENNECO On.. COMPANY WHETHER SUCH MINERALS ARE NOW KNOWN TO EXIST OR HEREAFTER DISCOVERED (IT BEING INTENDED THAT THE WORD 'MINERALS" AS USED HEREIN SHALL BE DEFINED IN 11Œ BROADEST SENSE OF THE WORD BY SHALL NOT INCLUDE SAND, GRAVEL OR AGGREGATES) WHICH ARE IN, UNDER OR MAY BE PRODUCED FROM THE PREMISES; ALL SALT WATER, BRINES AND GEOTHERMAL RESOURCES, IN, UNDER OR MAY BE PRODUCED FROM SAID REAL PROPERTY; THE EXCLUSIVE RJGHT, BY WHATEVER METHODS NOW OR HEREAFTER KNOWN, AS GRANTOR OR ITS SUCCESSORS OR ASSIGNS MAY DEEM ADVISABLE, TO PROSPECT FOR, INVESTlGA TE FOR, EXPLORE FOR, DRILL FOR, PRODUCE, EXTRACT, REMOVE AND REDUCE TO POSSESSION AND OWNERSHIP, ALL SUCH '(¡Me..s> <" ~ o ~ >- n1 r- I;::. <:> <.J ORIGINAl MINERALS, SALT WATER. BRINES AND GEOTHERMAL RESOURCES, WHICH ARB IN, tJNDER OR MAYBE PRODUCED FROM THE PREMISES; THE EXCLUSIVE RIGID TO DRILL INTO AND THROUGH THE PREMISES TO EXPLORE FOR AND THEREAFTER PRODUCE AND EXTRACT MiNERALs. SALT WATER. BRINES AND GEOTHERMAL RESOURCES WHICH MAY BE PRODUCED FROM ADJACENT PROPERTY; THE RIGHT TO LAY, CONSTRUCT. ERECT AND PLACE UPON AND IN THE PREMISES, AND USE, MAINTAIN AND OPERATE THEREON AND THEREAFTER REMOVE, ALL MACHINERY. FIXTURES, EQUIPMENT, PIPE LINES, TELEPHONE LINES, ELECTRIC POWER LINES, ROADS, AND OTHER STRUCTURES .AND FACILITIES AS GRANTOR OR ITS SUCCESSORS OR ASSIGNS MAY DEED ADVISABLE, FOR THE EXERCISE AND ENJOYMENT OF mE RIGHTS HEREIN EXCEPTED AND RESERVED; THE EXCLUSIVE RIGHT TO 1REAT, PROCESS, (BUT NOT REFINE), STORE UPON AND REMOVE FROM THE PREMISES SUCH MINERALS, SALT WATER, BRINES AND GEOmERMAL RESOURCES; THE EXCLUSIVE RIGHT TO PRODUCE AND EXTRACT SUCH MINERALs BY SUCH METHOD OR METHODS AS GRANTOR OR ITS SUCCESSORS OF ASSIGNS MAY DEEM ADVISABLE; THE RIGHT AT ALL TIMES, WITHOUT CHARGE, TO INVESTIGATE FOR. EXPLORE FOR. DRIlL FOR, PRODUCE, REMOVE AND REDUCE TO POSSESSION AND OWNERSHIP, THOSE QUANTITIEs OF FRESH WATER FROM AQUIFERS UNDERLYING SAID REAL PROPERTY DEEMED NECESSARY BY GRANTOR OR ITS SUCCESSORS OR ASSIGNS TO USE IN PROSPECTING, EXPLORING, DRlLUNG. PRODUCING, EXTRACTING AND REMOVING OR OTHER OPERATIONS IN CONNECTION WJTH THE FULL ENJOYMENT AND EXERCISE OF THE RIGHTS HEREIN EXCEPTED AND RESERVED AND ANY AND ALL OTHER RIGHTS UPON SAID REAL PROPERTY AS GRANTOR OR ITS SUCCESSORS OR ASSIGNS DEEMS NECESSARY. INCIDENTAL TO, OR CONVENIENT, WHETHER ALONE OR CONJOINTLY WITH NEIGHBORING LANDS, IN EXPLORING FOR, PRODUCING AND EXTRACTING THE MINERALS, SALT WATER, BRINES AND GEOTHERMAL RESOURCES HEREIN EXCEPTED AND RESERVED; AND THE UNLIMITED AND UNRESTRICTED RIGHTS OF ACCESS TO SAID MINERALs, SALT WATER, BRINES AND GEOTHERMAL RESOURCES AND OF INGRESS AND EGRESS TO AND FROM, OVER AND ACROss SAID REAL PROPERTY FOR ALL PURPOSES DEEMED ADVISABLE BY GRANTOR OR ITS SUCCESSORS OR ASSIGNS IN THE EXERCISE OF THE RIG!ITS EXCEPTED AND RESERVED HEREIN PROVIDED, HO\\'EVER, THAT GRANTOR. OR ITS SUCCESSORS AND ASSIGNS, UPON BEING PROVIDED PROOF THEREOF, SHALL COMPENSATE GRANTEE OR ITS SUCCESsORS AND ASSIGNS (A) FOR ANY AND ALL ACTUAL DAMAGE TO IMPROVEMENTS. TREES AND GROWING CROPS UPON SAID REAL PROPERTY WHICH IS CAUSED BY THE EXERCISE OF.THE RIGHTS E.,'{CEPTED AND RESERVED HEREIN, AND (B) THE REASONABLE VALUE OF THE LANDs USED FOR ACTUAL DEVELOPMENT AND EXTRACTION OF SUCH MINERAL RIGHTS AS RESERVED IN DEED FROM TENNECO WEST, INC., A DELAWARE CORPORATION, RECORDED MARCH 9,1990 IN BOOK 6355. PAGE 943, OF OFFICIAL RECORDS. PARCEL 11: LOTS 5 THROUGH 12, INCLUSNE, IN SECTION 11, TOWNSHIP 29 SOUTII. RANGE 26 EAST, M.D.B.& M., IN THE UNINCORPORATED AREA OF THE COUNTY OF KERN, STATE OF CALIFORNIA ACCORDING TO THE OFFICIAL PLAT THEREOF. ~"'K£", ~ ~ >- rn '::: {; v ORIGINAl ' EXCEPT ALL INTERESTS CONVEYED TO TENNECO OIL COMPANY, A DELAWARE CORPORATION IN ASSIGNMENT AND CONVEYANCE THEREOF RECORDED NOVEMBER 18, 1988 IN THE OFFICE OF THE KERN COUNTY RECORDER, IN BOOK 6183 OF OFFICIAL RECORDS, AT PAGE 1167, WHICH INTERESTS CAN BE BRIEFLY SUMMARIZED AS OIL, GAS AND OTHER LIQUID AND GASEOUS HYDROCARBONS, AND IN ADDITION THERETO CARBON DIOXIDE, HYDROGEN, HELIUM, NITROGEN, METHANE, SULFUR, (IN EACH CASEIN EITHER LIQUID OR GASEOUS FORM), AND ANY OTHER LIQUID OF GASEOUS SUBSTANCES, INERT OR OTHERWISE, OR ANY OF THEM, AND ANY MINERALS OR OTHER SUBST AKCES PRODUCED IN ASSOCIATION THEREWITH ("HYDROCARBONS') IN, ON OR UNDER THE PREMISES, TOGETHER WITH ALL RIGHTS, PRIVILEGES, DUTIES AND RESPONSfBILJTIES IN ANY WAY RELATED THERETO. GRANTEE ACKNOWLEDGES THAT' THIS RESERVATION IS FULLY SET FORTH IN THE CONVEYANCE REFERRED TO ABOVE AND THAT IT TAKES mLE SUBJECT TO THA T CONVEYANCE AND NUT SUBIECI' TO THIS SUMMARY WHICH IS FOR CONVENIENCE ONLY. SAID ASSIGNMENT AND CONVEYANCE WAS CLARIFIED BY FIRST AMENDMENT THEREOF RECORDED JANUARY 17, 1989 IN THE!ŒRN COUNTY RECORDER OFFICE, IN BOOK 6200 OF OFFICIAL RECORDS, AT PAGE 1908. ALSO EXCEPTING ALL OTHER MINERALS OF WHATEVER KIND OF CHARACTER, ALL HEREIN COLLECfNEL Y CALLED "MINERALS", NOT CONVEYED TO TENNECO OIL COMPANY WHETHER SUCH MINERALS ARE NOW KNOWN TO EXlST OR HEREAFTER DISCOVERED (IT BEING INTENDED THAT THE WORD "M1NERALS" AS USED HEREIN SHALL BE DEFINED lN THE BROADEST SENSE OF THE WORD BY SHALL NOT INCLUDE SAND, GRAVEL OR AGGREGI'.TES) WHICH ARE IN, UNDER OR MAY BE PRODUCED FROM THE PREMISES; ALL SALT WATER, BRINES AND GEOTHERMAL RESOURCES, IN, UNDER OR MAYBE PRODUCED FROM SAID REAL PROPERTY; THE EXCLUSIVE RIGHT, BY WHATEVER METHODS NOW OR HEREAFTER KNOWN, AS GRANTOR OR ITS SUCCESSORS OR ASSIGNS MAY DEEM ADVISABLE, TO PROSPECT FOR, INVESTIGATE FOR, EXPLORE FOR, DRILL FOR, PRODUCE, EXTRACT, REMOVE AND REDUCE TQ POSSESSION AND OWNERSHIP,ALL SUCH MINERALS, SALT WATER, BRINES AND GEOTHERMAL RESOURCES, WHICH ARE IN, UNDER OR MAY BE PRODUCED FROM THE PREMISES; THE EXCLUSNE RIGHT TO DRILL INTO AND THROUGH THE PREMISES TO EXPLORE FOR AND THEREAFTER PRODUCE AND EXTRACf MINERALS. SALT WATER, BRINES AND GEOTHERMAL RESOURCES WHICH MAY BE PRODUCED FROM ADJACENT PROPERTY; THE RIGHT TO LAY, CONSTRUCf, ERECT AND PLACE UPON AND IN THE PREM1SES, AND USE, MAINTAlN AND OPERATE THEREON AND THEREAFTER REMOVE. ALL MACHINERY. FIXTURES. EQUIPMENT, PIPE LINES, TELEPHONE LINES, ELECTRIC POWER LINES, ROADS, AND OTHER STRUCTURES AND FACILITIES AS GRANTOR OR ITS SUCCESSORS OR ASSIGNSMA Y DEED ADVISABLE, FOR THE EXERCISE AND ENJOYMENT OF THE RlGIITS HEREIN EXCEPTED AND RESERVED; THE EXCLUSNE RlGHT TO TREAT, PROCESS, (BUT NOT REFINE), STORE UPON AND REMOVE FROM THE PREMISES SUCH MINERALS, SALT WATER, BRINES Ar'o'D GEOTHERMAL RESOURCES; THE EXCLUSNE RlGHT TO PRODUCE AND EXTRACT SUCH MINERALS BY SUCH METHOD OR METHODS AS GRA:-'TOR OR ITS SUCCESSORS OF ASSIGNS MAY DEEM ADVISABLE; THE RlGIIT AT ALL TIMES, WITHOUT CHARGE. TO INVESTIGATE FOR, EXPLORE FOR, DRILL FOR, PRODUCE, REMOVE AND REDUCE TO POSSESSION AND OWNERSHIP, THOSE QUANTITIES OF FRESH WATER FROM AQUIFERS UNDERLYING SAID REAL PROPERTY DEEMED NECESSA,RY BY GRANTOR OR ITS SUCCESSORS OR ASSIGNS TO USE IN PROSPECTING, EXPLORING, DRILLING, PRODUCING. EXTRACI1NG AND REMOVING OR OTHER OPERATIONS IN CONNECTION WITH THE FULL ENJOYMENT AND EXERCISE OF THE RIGHTS HEREIN EXCEPTED AND RESERVED AND ANY AND ALL OTHER RIGHTS UPON SAID REAL PROPERTY AS GRANTOR OR ITS SUCCESSORS OR ASSIGNS DEEMS NECESSARY, INCIDENTAL TO. OR CONVENIENT, WHETHER ALONE OR CONJOINTLY WITH NEIGHBORING LANDS, IN EXPLORING FOR, PRODUCING AND EXTRACTING THE MINERALS, SALT WATER, BRINES AND GEOTHERMAL RESOURCES HEREIN EXCEPTED AND ~~Kç..s> 'z ~ o ~ >- 11 r- ':; <:> Û nR\GIN"l RESERVED; AND TIiE UNUMITED AND UNRESTRICTED RIGHTS OF ACCESS TO SAID MINERALs, SALT WATER, BRINES AND GEOTHERMAL RESOURCES AND OF INGRESS AND EGRESS TO AND . FROM, OVER AND ACROSS SAID REAL PROPERTY FOR ALL PURPOSES.DEEMED ADVISABLE BY GRANTOR OR ITS SUCCESSORS OR ASSIGNS IN TIiE EXERCISE OF TIiE RIGHTS EXCEPTED AND RESERVED HEREIN PROVIDED. HOWEVER, THAT GRANTOR, OR ITS SUCCESSOR$ AND ASSIGNS, UPON BEING PROVIDED PROOF THEREOF, SHALL COMPENSATE GRANTEE OR ITS SUCCESSORS AND ASSIGNS (A) FOR ANY AND ALL ACTUAL DAMAGE TO IMPROVEMENTS, TREES AND GROWING CROPS UPON SAID REAL PROPERTY WHJCH IS CAUSED BY THE EXERCISE OF THE RIGHTS EXCEPTED AND RESERVED HEREIN, AND (B) TIiE REASONABLE VALUE OF THE LANDs USED FOR ACTUAL DEVELOPMENT AND EXTRAcrJON OF SUCH MINERAL RIGHTS AS RESERVED IN DEED FROM TENNECO WEST, INC., A DELAWARE CORPORATION, RECORDED MARCH 9, 1990 IN BOOK 6355, PAGE 943, OF OFFICIAL RECORDS. PARCEL 12: PARCEL B OF LOT LINE ADJUSTMENT NO. 29-98 AS EVIDENCE BY THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED FEBRUARY 2, 1998 AS INSTRUMENT NO, 0198012827 IN SECnON 4, TOWNSHIP 29 SOUTH, RANGE 26 EAST, M.D.B.&: M., IN THE UNINCORPORATED AREA OF THE COUNTY OF KERN, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL THAT PORTION OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER LYING SOUTHERLY AND WESTERLY OF THE NORTHEASTERL YRIGHT-OF- WAY UNE OF TIiE ATCHISON, roPEKA AND SANTA FE RAILWAY COMPANY (FORMERLY TIiE SAN FRANCISCO AND SAN JOAQUIN VALLEY RAIL WAY COMPANY) THROUGH SAID SEcnON 4, AS PER DEED RECORDED IN BOOK 73, PAGE 132 OF DEEDS. EXCEPT ALL INTERESTS CONVEYED ro TENNECO OIL COMPANY, A DELA WARE CORPORA nON IN ASSIGNMENT AND CONVEYANCE THEREOF RECORDED NOVEMBER 18, 1988 IN TIiE OFFICE OF THE KERN COUNTY RECORDER, IN BOOK 6183 OF OFFICIAL RECORDS, AT PAGE 1167, WHICH INTERESTS CA)I; BE BRIEFLY SUMMARIZED AS OIL, GAS Al'i1> OTHER LIQUID AND GASEOUS HYDROCARBONS, AND IN ADDlTION THERETo CARBON DIOXIDE, HYDROGEN, HELIUM, NITROGEN, METHANE, SULFUR, (IN EACH CASE IN ErmER LIQUID OR GASEOUS FORM), AND ANY OTHER LIQUID OF GASEOUS SUBSTANCES, INERT OR OTHERWISE, OR ANY OF THEM, AND ANY MINERALS OR OTHER SUBSTANCES PRODUCED IN ASSOCLA nON THEREWITH ("HYDROCARBONS') IN, ON OR UNDER.THE PREMISES, TOGETHER WITH ALL RIGHTS, PRNlLEGES, DUTIES AND RESPONSIBILITIES IN ANY WAY RELATED TIiERETO. GRAN"rnE ACKNOWLEDGES THAT THIS RESERVATION IS FULLY SET FORTH IN THE CONVEYANCE REFERRED TO ABOVE AND THAT IT TAKES TITLE SUBJECT TO TIiAT CONVEYANCE AND NOTSUBJECTTOTIUS SUMMARY WHICH IS FOR CONVENIENCE ONLY. SAID ASSIGNMENT AND CONVEYANCE WAS CLARIFIED BY FIRST AMENDMßNT THEREOF RECORDED JANUARY 17, 1989 IN THE KERN COUNTY RECORDER OFFICE, IN BOOK 6200 OF OFFICIAL RECORDS, AT PAGE 1908. ~ '-òAK,~.", C> .¿;, >- I- f!' ã <:> ORIGINAl ALSO EXCEPTING ALL OTHER MINERALS OF VrllATEVER KlND OF CHARACTER, ALL IiERBIN COLLECTIVELY CALLED 'MINERALs', NOT CONVEYED TO TENNECO OIL COMPANY WHETHER SUCH MlNERAJ..s ARE NOW KNOWN TO EXIST OR HEREAFTER DISCOVERED (IT BEING INTENDED THAT THE WORD "MINERALS" AS USED HEREIN SHALL BE DEFINED IN THE BROADEST SENSE OF THE WORD BY SHALL NOT INCLUDE SAND, GRAVEL OR AGGREGATES) WHICH ARE IN, UNDER OR MAY BE PRODUCED FROM THE PREMISES; ALL SALT WATER, BRINES AND GEOTHERMAL RESOURCES, IN, UNDER OR MAYBE PRODUCED FROM SAID REAL PROPERTY; THE EXCLUSIVE. RIGHT,BYWHA TEVER METHODS NOW OR HERBAFI'ERKNOWN, AS GRANTOR ORlTS SUCCESsORS OR ASSIGNS MAY DEEM ADVISABLE, TO PROSPECf FOR, INVEsTIGATE FOR, EXPLORE FOR, DRILL FOR, PRODUCE, EXTRACf, REMOVE AND REDUCE TO POSSESSION AND OWNERSHIP, ALL SUCH MINERALS, SALT WATER, BRINEs AND GEOTHERMAL RESOURCES, WHICH ARE IN, UNDER OR MAYBE PRODUCED FROM THE PREMISES; THE EXCLUSIVE RIGHT TO DRILL INTO AND THROUGH THE PREMISES TO EXPLORE FOR AND THEREAFTER PRODUCE AND EXTRACT MINERALS, SALT WATER, BRINES AND GEOTHERMAL RESOURCES WHICH MAYBE PRODUCED FROM ADJACENT PROPERTY; THE RIGHT TO LI, Y, CONSTRUCT, ERBCI' AND PLACE UPON AND IN THE PREMISES, AND USE, MAINTAIN AND OPERATE THEREON AND THEREAFTER REMOVE, ALL MACHINERY, FIXTURES, EQUIPMENT, PIPE LINEs, TELEPHONE LINES, ELECTIUC POWER UNES, ROADS, AND OTHER STRUCTURES AND FACILlTJES AS GRANTOR OR ITS SUCCESSORS OR ASSIGNS MAY DEED ADVISABLE, FOR THE EJŒRClSB AND ENJOYMENT OF THE RIGHTS HERBIN EXCEPl'ED AND RESERVED; THE EXCLUSIVE RIGHT TO TREAT, PROCESS, (BUT NOT REFINE), STORE UPON AND REMOVE FROM THE PREMISES SUCH MINERALS, SALT WATER, BRlNES AND GEOTHER..\{AL RESOURCES; THE EXCLUSIVE RIGHT. TO PRODUCE AND EXTRACI' SUCH MINERALS BY SUCH METIlOD OR METIlODS AS GRANTOR OR ITS SUCCESSORS OF ASSIGNS MAY DEEM ADVISABLE; THE RlGHT AT ALL TIMES, WITHOUT CHARGE, TO lNVESTIGATE FOR, EXPLORE FOR, DRILL FOR, PRODUCE, REMOVE AND REDUCE TO POSSESSION AND OWNERSHIP, THOSE QUANTITIES OF FRESH WATER FROM AQUIFERS UNDERLYING SAID REAL PROPERIT DEEMED NECESSARY BY GRANTOR OR ITS SUCCESSORS OR ASSIGNS TO USE IN PROSPECTING, EXPLORING, DRILLING, PRODUCING, EXTRACTING AND REMOVING OR OTHER OPERATIONS IN CONNECTION WITH THE FULL ENJOYMENT AND EXERCISE OF THE RIGHTS HEREIN EXCEPTED AND RESERVED AND ANY AND ALL OTHER RIGHTS UPON SAID REAL PROPERTY AS GRANTOR OR ITS SUCCESSORS OR ASSIGNS DEEMS NECESSARY, INCIDENTAL TO, OR CONVENIENT, WHETHER ALONE OR CONJOINTLY WIm NEIGHBORING LANDS, IN EXPLORING FOR, PRODUCING AND EXTRACTING THE ML'ŒRALS, SALT WATER, BRINES AND GEOTHERMAL RESOURCES HEREIN EXCEPTED AND RESERVED; AND THE UNLIMITED AND UNRESTRICfED RIGHTS OF ACCESS TO SAID MINERALs, SALT WATER, BRINES AND GEOTHERMAL RESOURCES AND OF INGRESS AND EGRESS TO AND FROM, OVER AND ACROSS SAID REAL PROPERTY FOR ALL PURPOSES DEEMED ADVISABLa BY GRANTOR OR ITS SUCCESSORS OR ASSIGNS IN THE EXERCISE OF THE RIGHTS EXCEPTED AND RESERVED HEREIN PROVIDED, HOWEVER, mAT GRANTOR, OR ITS SUCCESSORS AND ASSIGNS, UPON BEING PROVIDED PROOF THEREOF, SHALL COMPENSATE GRANTEE OR ITS SUCCESSORS AND ASSIGNS (A) FOR ANY AND ALL ACI'UAL DAMAGE TO IMPROVEMENTS, TREES AND GROWING CROPS UPON SAID REAL PROPERTY WHICH IS CAUSED BY THE EXERCISE OF THE RIGHTS EXCEPTED A:-ID RESERVED HEREIN, AND (B) THE REASONABLE VALUE OF THE LANDS USED FOR ACTUAL DEVELOPMENT AND EXTRACTION OF SUCH MINERAL RIGHTS AS RESERVED IN DEED FROM TENNECO WEST, INC., A DELAWARE CORPORATION, RECORDED MARCH 9,1990 IN BOOK 6355, PAGE 943, OF OFFICIAL RECORDS. ~ \)AIí¿;--9 () ó' :>... ê: I- 1T - ,... v <:- OR,r,'MAI ROSEDALE RANCH LAND USE PLAN ~.""" , , , , ¡ , ! , ~ I ~ ~ ~ i ~'"~. / 0'1'0<1 :JI ( ~ Legend LR Low Residential LMR Low Medium Residential HMR High Medium Residentiai GC General Commercial MUC Mixed Use Commercial LI Light Industrial EXHIBIT "B" x~f>,Ke-?, <:> <!; )... IT >- r- Õ (': ORIr,INÞ' _ ~Ii STJrHJARI) ROAO I~ l~ ~ ~ , ~, , ~,. I \~ I " , " Legend ---- West Beltway .~ ROSEDALE RANCH \\\\ 1Ii7' ~~"''''-T r..":,,, l~ .~ !~ , , I~ ,. ;æ I. , ~.wJAAO.'IOAO I I Ii ~-- ROSEDALE RANCH ~ ,~~ '" SO\CiI'::IOA!.! ~ " ,~ -, ~.,' .~ '\. ^, 1!<. ...¡- ,'~ ~' .~ "l- "\. .p~ ~ ----1~~-- I I '. ii I I I ) I I EXHIBIT"-º--" West ~~ó' ti~1.~ ~ 1; ,.... r- Ó c:: ORIGINAl AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) ss. 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 15th day of December ,2005 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4291 passed by the Bakersfield City Council at a meeting held on the 14th day of December, 2005 and entitled: AN ORDINANCE AMENDING SECTION 17.06.020 OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY PREZONING TO R-1 (ONE-FAMILY DWELLING) ON 352.2 ACRES; R-1/PUD (ONE-FAMILY DWELLING/PLANNED UNIT DEVELOPMENT) ON 811.4 ACRES; R-2/PUD (LIMITED MULTIPLE-FAMILY DWELLING/PLANNED UNIT DEVELOP- MENT) ON 68.6 ACRES; C-1 (NEIGHBORHOOD COMMERCIAL) ON 19.4 ACRES; C-2 (REGIONAL COMMERCIAL) ON 61.2 ACRES; C-2/PCD (REGIONAL COMMERCIAUPLANNED COMMERCIAL DEVELOPMENT) ON156 ACRES; AND M-1 (LIGHT MANUFACTURING) ON 181.2 ACRES, THOSE CERTAIN PROPERTIES TO BE ANNEXED INTO THE CITY OF BAKERSFIELD GENERALLY BOUNDED BY SEVENTH STANDARD ROAD TO THE NORTH, JENKINS ROAD TO THE EAST, THE BURLINGTON NORTHERN SANTA FE (BNSF) RAILROAD TO THE WEST OF, AND KRATZMEYER ROAD/OLIVE DRIVE TO THE SOUTH (ZONE CHANGE NO. 04-0671), AND APPROVING A DEVELOPMENT AGREEMENT PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield S:IDOCUMENT\FORMSIAOP. ORO. wpd <~~' By:' ,ji. ~L DEP~ity CI rk '<J~v..ERcS' 4. ~ o ~ ,... 0 '/v \)~\,,\'À~