HomeMy WebLinkAboutRES NO 048-06
RESOLUTION NO.
048-06
RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE
DECLARATION AND APPROVING GENERAL PLAN AMENDMENT
NO. 05-0844, AMENDMENTS TO THE LAND USE AND
CIRCULATION ELEMENTS OF THE METROPOLITAN
BAKERSFIELD GENERAL PLAN, GENERALLY LOCATED AT
THE SOUTHEAST CORNER OF 7TH STANDARD ROAD AND THE
PLANNED ALLEN ROAD ALIGNMENT (FUTURE).
WHEREAS, the Planning Commission of the City of Bakersfield, in accordance with the
provisions of Section 65353 of the Government Code, held a public hearing on Monday, December 12,
2005, and on Thursday, December 15, 2005, on General Plan Amendment No. 05-0844, notice of the
time and place of hearing having been given at least twenty (20) calendar days before said hearing by
publication in The Bakersfield Californian, a local newspaper of general circulation: and
WHEREAS, General Plan Amendment No. 05-0844, an amendment to the Land Use and
Circulation elements of the Metropolitan Bakersfield General Plan, is as follows:
General Plan Amendment No. 05-0844:
Pacific Engineering for M&S Land Company, LLC applied to amend the Land Use
and Circulation elements of the Metropolitan Bakersfield General Plan consisting of
a change from R-MP (Resource - Mineral and Petroleum) and SR (Suburban
Residential) to SI (Service Industrial), LI (Light Industrial), and SR (Suburban
Residential) on approximately 140 acres, and to establish a specific plan line for a
portion of Etchart Road east of the planned Allen Road alignment in order to ensure
compliance with the seventy-five foot setback requirement between oil wells and
dedicated public street rights-of-way pursuant to Bakersfield Municipal Code Section
15.66.040.A.1.a.: and
WHEREAS, an Initial Study was conducted for General Plan Amendment No. 05-0844 and it
was determined that the proposed project would not have a significant effect on the environment;
therefore, a Negative Declaration was prepared in accordance with the Califomia Environmental Quality
Act (CEQA); and
WHEREAS, by Resolution No. 193-05 on December 15, 2005, the Planning Commission
recommended approval and adoption of General Plan Amendment No. 05-0844 subject to the
"Mitigation/Conditions of Approval" listed in Exhibit "A" and this Council has fully considered the findings
made by the Planning Commission as set forth in that Resolution and as restated herein; and
WHEREAS, the Council of the City of Bakersfield, in accordance with the provisions of Section
65355 of the Government Code, conducted and held a public hearing on WEDNESDAY, FEBRUARY 8,
2005, on General Plan Amendment No. 05-0844, notice of time and place of the hearing having been
given at least ten (10) calendar days before the hearing by publication in The Bakersfield Californian, a
local newspaper of general circulation: and
WHEREAS, the Council has considered and hereby makes the following findings:
1.
The above recitals and findings are true and correct.
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2. The Council has considered and concurs with the following findings made by the
Planning Commission as set forth in Resolution No. 193-05, adopted on December 15,
2005:
a. All required public notices have been provided.
b. The provisions of CEQA have been met.
c. Based upon the Initial Study and comments received, staff has determined that
the proposed project could not have a significant effect on the environment. A
Negative Declaration was prepared for the project in accordance with CEQA.
d. The public necessity, general welfare and good planning practices justify the
amendments to the Land Use and Circulation elements of the Metropolitan
Bakersfield General Plan.
e. The land use designation change from R-MP (Resource - Mineral and
Petroleum) and SR (Suburban Residential) to SI (Service Industrial), LI (Light
Industrial), and SR (Suburban Residential) on approximately 140 acres is
compatible with the land use designations of surrounding properties and is
internally consistent with the Metropolitan Bakersfield General Plan.
f. The specific plan line for a portion of Etchart Road east of the planned Allen
Road alignment is internally consistent with the Metropolitan Bakersfield General
Plan and is necessary to ensure compliance with the seventy-five foot setback
requirement between oil wells and dedicated public street rights-of-way pursuant
to Bakersfield Municipal Code Section 15.66.040.A.1.a.
g. The laws and regulations relating to the preparation and adoption of Negative
Declarations 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.
3. That the applicant by prior written agreement agreed to comply with all adopted
mitigation measures contained within the Negative Declaration.
4. That the infrastructure exists or can easily be provided to accommodate the types of
density and intensity of the development.
NOW, THEREFORE, BE IT RESOLVED AND FOUND BY THE COUNCIL OF THE CITY OF
BAKERSFIELD as follows:
1.
2.
The above recitals and findings incorporated herein are true and correct.
The Negative Declaration for General Plan Amendment No. 05-0844 is hereby approved
and adopted.
3.
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.
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4. The City Council hereby approves and adopts General Plan Amendment No. 05-0844,
constituting changes as shown on the maps marked Exhibit "B," Exhibit "C," and Exhibit
"D" attached hereto and incorporated as though fully set forth, for property generally
located at the southeast corner of 7th Standard Road and the planned Allen Road
alignment, subject to the "Mitigation/Conditions of Approval" listed in Exhibit "A".
5. 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 absence of evidence in the record and the
lead agency's decision to prepare a Negative Declaration for this project.
6. That General Plan Amendment No. 05-0844, approved herein, be combined with other
approved General Plan Amendment cases in this same cycle described in separate
resolutions, to form a single Amendment to the Metropolitan Bakersfield General Plan.
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I HEREBY CERTIFY that the foregoing Resolution was pas~ed..and adQQwd by the Council
of the City of Bakersfield at a regular meeting thereof held on - EB 8 ZUUb
by the following vote:
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ABSTAIN:
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COUNCILMEMBER COUCH, CARSON, BENHAM. MAGGARD, HANSON, SULLIVAN. SCRIVNER
COUNCILMEMBER
ABSENT:
COUNCILMEMBER
COUNCILMEMBER
PAMELA A. McCARTHY, CM
CITY CLERK and Ex Officio erk of the
Council of the City of Bakersfield
APPROVED FEB 8 2006
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
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By: /ê¡¡ JUéÌ}1 , AMfr
Exhibit A - Mitigation/Conditions of Approval
B - General Plan Amendment Map
C Circulation Amendment/Specific Plan Line Location Map
D - Specific Plan Line Map and Legal Description
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Exhibit A
Mitigation/Conditions of Approval
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EXHIBIT A
Mitigation/Conditions of Approval
General Plan Amendment/Zone Change No. 05-0844
MITIGATION MEASURES FROM NEGATIVE DECLARATION:
Air Qualitv
1. The applicanUdeveloper of the project site shall submit documentation to the Planning
Department prior to issuance of any building permit that they will/have met the following
air quality mitigation measures during the construction phase of the project to reduce
construction exhaust emissions:
· Properly and routinely maintain all construction equipment, as recommended by
manufacturer manuals, to control exhaust emissions.
· Shut down equipment when not in use for extended periods of time to reduce
emissions associated with idling engines.
· Encourage ride sharing and use of transit transportation for construction
employee commuting to the project site.
· Use electric equipment for construction whenever possible in lieu of fossil fuel-
fired equipment.
· Curtail construction during periods of high ambient pollutant concentrations; this
may include ceasing of construction activity during the peak-hour of vehicular
traffic on adjacent roadways.
2. Construction of the project requires the implementation of control measures set forth
under Regulation VIII, Fugitive PM10 Prohibitions of the San Joaquin Valley Air Pollution
Control District. The applicant/developer of the project site shall submit documentation
to the Planning Department prior to issuance of any building permit that they will/have
met the following air quality mitigation measures, in addition to those required under
Regulation VIII, during the construction phase of the project to reduce fugitive dust
emissions:
· 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 on-site unpaved roads and off-site unpaved access roads shall be effectively
stabilized of dust emissions using water or chemical stabilizer/suppressant.
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Exhibit A
GPNZC No. 05-0844
Mitigation/Conditions of Approval
· 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.
· When materials are transported off-site, all materials shall be covered, or
effectively wetted to limit visible dust emissions, and at least six 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.
· 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.
· Asphalt-concrete paving shall comply with San Joaquin Valley Air Pollution
Control District Rule 4641 and restrict the use of cutback, slow-cure, and
emulsified asphalt paving materials.
· Cease grading activities during periods of high winds (greater than 20 mph over
a one-hour period).
· Limit construction-related vehicle speeds to 15 mph on all unpaved areas at the
construction site.
· Implementation of carryoutltrackout mitigation measures, such as gravel pads, in
accordance with the requirements of SJVAPCD Regulation VIII.
Page 2 of 8
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Exhibit A
GPAlZC No. 05-0844
Mitigation/Conditions of Approval
Cultural Resources
3. If cultural resources are encountered during construction, a qualified archaeologist shall
be retained by the developer to evaluate the significance of the resources and to
formulate a mitigation program if necessary. The archaeologist shall coordinate with the
City of Bakersfield Planning Department.
4. If human remains are discovered during grading or construction activities, work would
cease pursuant to Section 7050.5 of the California Health and Safety Code. If human
remains are identified on the site at any time, work shall stop at the location of the find
and the Kern County Coroner shall be notified immediately (Section 7050.5 of the
California Health and Safety Code and Section 5097.98 of the California Public
Resources Code which details the appropriate actions necessary for addressing the
remains) and the local Native American community shall be notified immediately.
Hazards and Hazardous Materials
5. With the submittal of any tentative subdivision map application for areas containing
oilfield equipment and facilities, the applicant shall submit a site assessment containing
the findings of soils sampling conducted to determine the presence or absence of
hazardous materials to the satisfaction of the Bakersfield Fire Department (Prevention
Services Division). In the event hazardous materials are present, a Remediation Plan
shall be submitted together with the tentative subdivision map application to the
satisfaction of the local Unified Program agency (Prevention Services Division,
Bakersfield Fire Department).
T ransDortationfT raffic
6. Prior to the issuance of any building permit, the developer shall pay the applicable
Regional Transportation Impact Fee (RTIF) to the satisfaction of the City of Bakersfield
Public Works Department.
7. Pay the proportionate share of the following mitigation measures (not paid for by the
Regional Transportation Impact Fee nor included with normal development
improvements) as indicated in Tables 7 of the traffic study (Ruettgers & Schuler Civil
Engineers, June 2005). An estimate and fee schedule should be developed by the
applicant and approved prior to recordation of a map or issuance of a building permit.
Proportionate shares based on PM peak trips from the study are as follows:
Page 3 of 8
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Exhibit A
GPAlZC No. 05-0844
Mitigation/Conditions of Approval
a. Zerker Road & Seventh Standard Road, Install Signal, Add 2 EBL, 2 EBT, 2
WBL, 1 WBT, 1 SBL, 1 SBT, 2.87% share
b. Allen Road & Seventh Standard Road, Install Signal, Add 1 EBL, 1 EBT, 1 NBL,
1 SBL, 4.44% share
C. Shane Street & Seventh Standard Road, Add 1 NBL, 1 SBL, 5.12% share
d. Jewetta Avenue & Seventh Standard Road, Install Signal, Add 1 NBL, 1 NBT, 1
SBL, 1 SBT, 3.11 % share
e. Verdugo Lane and Seventh Standard Road, Add 1 NBL, 1 SBL, 2.48% share
f. Calloway Drive & Seventh Standard Road, Add 2 SBL, 2 SBT, 1 SBR, 1.12%
share
g. Allen Road & Etchart Road, Install signal, Add 1 EBL, 1 WBL, 1 NBL, 1 SBL,
20.54% share
h. Allen Road & Snow Road, Add 1 NBL, 1 SBL, 36.12% share
I. Jewetta Avenue & Snow Road, Add 1 SBL, 13.08% share
j. Norris Road & Snow Road, Add 1 NBL, 1 SBL, 11.43% share
k. Allen Road & Olive Drive, Add 1 NBL, 1 SBL, 8.29% share
I. Allen Road & Reina Road, Add 1 EBT, 1 WBT, 12.93% share
m. Seventh Standard Road, Santa Fe Way to Allen Road, Add 2 lanes, 1.90% share
n. Allen Road, Hageman Road to Olive Drive (Kratzmeyer), Add 2 lanes, 8.59%
share
Notes: NB - north bound, SB - south bound, WB - west bound, EB - east bound,
L - Left turn lane, T - Through lane, R - Right turn lane
Page 4 of 8
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Exhibit A
GPAlZC No. 05-0844
Mitigation/Conditions of Approval
ADDITIONAL CONDITIONS OF APPROVAL:
Public Works
8. Prior to approval of any development plan, improvement plan, or application for a lot line
adjustment, the following shall occur:
a. Provide fully executed dedication for Seventh Standard Road to arterial
standards, Allen Road and Etchart Road to collector standards for the full
frontage of the area within the GPA request. 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. If a tentative subdivision map over the entire GPAlZC area is
submitted, dedication can be provided with the map.
b. Submit a comprehensive drainage study to be submitted to and approved by the
City Engineer. One sump per 80 acres will be allowed. Site any drainage
retention facility on the periphery of the GPA area to facilitate future expansion or
consolidation of drainage facilities as adjacent area develops. The study shall be
approved and any required retention site and necessary easements dedicated to
the City. Provide soil tests for the retention site to show it will drain within the
required time period and submit an easement for the ultimate retention basin site,
along with necessary easements for the transportation of drainage water to the
site.
c. Provide dedication for a connection from Allen Road to Zerker Road. If the
developer/subdivider cannot obtain the right of way, then he shall post the
required upfront costs for eminent domain proceedings and enter into an
agreement with the City and pay all costs for obtaining the right of way.
d. In order to preserve the permeability of the sump and to prevent the introduction
of sediments from construction or from storm events, all retention and detention
basins (sumps) shall have a mechanical device in the storm drain system to
remove or minimize the introduction of oil, grease, trash, and sediments to the
sump. This device shall be reviewed and approved by the City Engineer, and
shall provide the greatest benefit to the storm drain system with the least
maintenance cost.
Page 5 of 8
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Exhibit A
GPNZC No. 05-0844
Mitigation/Conditions of Approval
9. 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.
10. Development of this GPAlZC area will require the improvements of Seventh Standard
Road, Allen Road and Etchart Road along the frontage of the GPAlZC area to city
standards. The timing of these improvements can be addressed when a tentative map
is submitted.
11. Seventh Standard Road shall be constructed as a limited access control 6-lane
expressway with full access signalized intersections permitted at minimum % mile
spacing. No other intermediate street intersections will be permitted.
12. Access to the arterial streets will be limited and determined at time of division or
development. 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.
13. Payment of median fees for the arterial frontage of the property within the GPAlZC
request. These fees shall be paid prior to recordation of any map or approval of any
improvement plan for the GPAlZC area.
14. 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
Consolidated 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.
15. With the first development within the GPAlZC area, construct Allen Road from at least
the south boundary of the GPAlZC area to Snow Road. The extent of the
improvements are to be determined by the City Engineer. If the developer/subdivider
cannot obtain the right of way, then he shall post the required upfront costs for eminent
domain proceedings and enter into an agreement with the City and pay all costs for
obtaining the right of way. Added by Planning Commission.
Page 6 of 8
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Exhibit A
GPNZC No. 05-0844
Mitigation/Conditions of Approval
16. Improvement plans for Seventh Standard Road required in conjunction with GPNZC
area tentative tract maps shall include a landscaped parkway not to exceed 30 feet in
width in coordination with improvements of that road with the City of Shafter. Added by
City Couneil.
Accommodation Aareement
17. Prior to approval of the first tentative map within the GPNZC area and within nine
months of the approval of GPA No. 05-0844, the property owner and the mineral rights
owner shall enter into an Accommodation Agreement addressing, at a minimum,
undergrounding and relocation of pipelines, easements for interconnecting pipelines
between facilities, access, and allocation of costs for mitigation measures and other
facility modifications. The City Attorney shall approve the Accommodation Agreement
language. If this condition has not been satisfied within the aforementioned time period,
the property owner may appeal to the Planning Commission to remove this condition.
The property owner and mineral rights owner shall have the opportunity to appeal the
Planning Commission's decision to the City Council. Added by City Couneil.
Teion Indian Tribe Notification
18. Prior to recordation of the first final map or commencement of ground disturbing
construction activities within the GPNZC area, whichever occurs first, the applicant
shall notify the Tejon Indian Tribe Cultural Resource Management Team (CRMT) of the
planned construction schedule and shall grant permission to CRMT personnel to
conduct archaeological monitoring of ground disturbing activities. Said notice shall be
sent by registered mail to: Tejon Indian Tribe CRMT, 2234 4th Street, Wasco, CA
93280. The applicant shall submit proof of compliance with this requirement to the
Bakersfield Planning Department. In the event the construction schedule changes
following the initial notification, subsequent notice(s) shall be given to the Tejon Indian
Tribe CRMT and Bakersfield Planning Department in the manner described above.
Added by Planning Commission in response to a eomment Jetter from the Tejon Indian
Tribe CRMT.
City Attornev
19. 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
Page 7 of 8
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Exhibit A
GPNZC No. 05-0844
Mitigation/Conditions of Approval
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
CEQA 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.
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 8 of 8
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Exhibit B
General Plan Amendment Map
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Exhibit C
Circulation Amendment/Specific Plan Line Location Map
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Exhibit D
Specific Plan Line Map and Legal Description
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C3 136.61' 07' 49' 37" 1000'
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General Plan Amendment 05-0844
PROPOSED ~ OF ETCHART ~ .~
ADJUSTED FOR WELL LOCAËFlON
ORIGrNAI
LEGAL DESCRIPTION
ETCHART ROAD SPECIFIC PLAN LINE
BEING THE PROPOSED CENTERLINE OF ETCHART ROAD IN SECTION I,
TOWNSIDP 29 SOUTH, RANGE 26 EAST. MDM, MORE PARTICULARLY DESCRIBED
AS FOLLOWS;
BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION 1 AS MARKED
WITH A r IP, LS 4831;
THENCE SOUTH 89"53'50" EAST ALONG TIIE EAST-WEST MIDSECTION LINE OF
SAID SECTION I, A DISTANCE OF 1,078.75 FEET, TO TIIEBEGINN1NGOF A
TANGENT CURVE CONCAVE TO TIIE SOUTHWEST, HAVING A RADIUS OF ],000.00
FEET;
THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 07°55'47", AN ARC DISTANCE OF 138.40 FEET;
TIIENCE SOUTH 82°04'13" EAST, A DISTANCE OF 202.52 FEET, TO TIIE BEGINNING
OF A TANGENT CURVE CONCAVE TO THE NORTIlEAST, HAVING A RADIUS OF
]000,00 FEET;
THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 07°49'37", AN ARC DISTANCE OF 136.61 FEET;
THENCE sourn 89°53'50" EAST, A DISTANCE OF 200,00 FEET TO THE BEGINNING
OF A TANGENT CURVE CONCAVE TO THE NORTHWEST. HAVING A RADIUS OF
] 000.00 FEET;
THENCE NORTHEASTER!.. Y ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 07°49'37", AN ARC DISTANCE OF 136,61 FEET;
THENCE NORlH 82°04'13" EAST, A DISTANCE OF 202.52 FEET, TO THE BEGINNING
OF A TANGENT CURVE CONCAVE TO THE SOUTIffiAST, HA VlNG A RADIUS OF
1000,00 FEET;
THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 07°55'47", AN ARC DISTANCE OF 138.40 FEET, TO A POINT ON THE EAST-WEST
MIDSECTION LINE OF SAID SECTION];
PAGE 1 OF2
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THENCE SOUTH 89°53'50" EAST ALONG SAID EAST-WEST MIDSECTION LINE, A
DISTANCE OF 3,064,79 FEET, TO THE EAST QUARTER CORNER OF SECTION 1,
BEING THE TERMINACE OF SAID LINE.
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GL ,PARKER LS,4831
PAGE 2 OF 2
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