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Home My WebLink AboutORD NO 4364 ORDINANCE NO. 4364 AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NOS. 122-16,21,22 & 23 BY CHANGING THE ZONING FROM A-20 A (AGRICULTURAL 20 ACRE MINIMUM LOT SIZE)TO E (ESTATE - ONE FAMILY DWELLING) ON 143.09 ACRES; R- 1(ONE FAMILY DWELLING) ON 988.82 ACRES; R-2 PUD (LIMITED MULTIPLE FAMILY DWELLING, PLANNED UNIT DEVELOPMENT) ON 303.21 ACRES; TO R-3 PUD (LIMITED MULTIPLE FAMILY DWELLING, PLANNED UNIT DEVELOPMENT) ON 159.67 ACRES; C-1 PCD (NEIGHBORHOOD COMMERCIAL, PLANNED COMMERCIAL DEVELOPMENT) ON 118.30 ACRES; C-C PCD PE (COMMERCIAL CENTERS, PLANNED COMMERCIAL DEVELOPMENT AND PETROLEUM EXTRACTION COMBINING) ON 320.10 ACRES; AND DI (DRILLING ISLAND) ON 37.61 ACRES LOCATED ALONG THE NORTH SIDE OF PANAMA LANE BETWEEN SOUTH ALLEN ROAD AND NORD AVENUE. (ZC 06-0321) (Ward 5 & 6). WHEREAS, in accordance with the procedure set forth in the provisions of Title 17 of the Municipal Code of the City of Bakersfield, the Planning Commission held a public hearing on a petition by SunCal Companies to change the land use zoning of that certain property being annexed to the City of Bakersfield located along the north side of Panama Lane between South Allen Road and Nord Avenue; and WHEREAS, by Resolution No. 95-06 on May 18, 2006, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve a change in the zoning districts from A-20 A (Agricultural 20 Acre Minimum Lot Size) to E (Estate - One Family Dwelling) on 143.09 acres; R-1 (One Family Dwelling) on 988.82 acres; R-2 PUD (Limited Multiple Family Dwelling, Planned Unit Development) on 303.21 acres; to R-3 PUD (Limited Multiple Family Dwelling, Planned Unit Development) on 159.67acres; C-1 PCD (Neighborhood Commercial, Planned Commercial Development) on 118.30 acres; C-C PCD PE (Commercial Centers, Planned Commercial Development and Petroleum Extraction Combining) on 320.10 acres; and DI (Drilling Island) on 37.61 acres as delineated on attached map marked Exhibit "B", and this Council has fully considered the recommendations made by the Planning Commission as set forth in that Resolution; and WHEREAS, the Planning Commission, as a result of said hearing, did make several general and specific findings of fact which warranted the issuance of a Notice of Exemption be filed since the action was a special circumstance and no additional environmental documentation was required and changes in zoning of the subject property from A-20 A (Agricultural 20 Acre Minimum Lot Size) to E (Estate - One Family Dwelling) on 143.09 acres; R-1 (One Family Dwelling) on 988.82 acres; R-2 PUD (Limited Multiple Family Dwelling, Planned Unit Development) on 303.21 acres; R-3 PUD (Limited Multiple Family Dwelling, Planned Unit Development) on 159.67acres; C-1 PCD (Neighborhood Commercial, Planned Commercial Development) on 118.30 acres; C-C PCD PE (Commercial Centers, Planned Commercial Development and Petroleum Extraction Combining) on 320.10 acres; and DI (Drilling Island) on 37.61 acres, and the Council has considered said findings and all appear to be true and correct; and WHEREAS, the law and regulations relating to the issuance of a Notice of Exemption, as set forth in CEQA and City of Bakersfield's CEQA Implementation Procedures, have been duly followed by city staff, the Planning Commission and this Council; and ~ ~AI(~ o ~ >- ""f\ t: ITJ c.) r- omm'NAt> WHEREAS, a Notice of Exemption for the proposal was advertised and posted on May 5, 2006, in accordance with CEQA; and WHEREAS, the previously approved McAllister Ranch Specific Plan identifies general plan designations for this area and allows for the development of a multi-use master-planned development, which includes single family residential, multi-family residential, neighborhood and regional commercial uses, and recreational facilities; and WHEREAS, the City Council has considered and hereby makes the following findings: 1. The above recitals and findings are true and correct and constitute the findings ofthe Planning Commission in this matter. 2. All required notices have been given. 3. The provisions of the California Environmental Quality Act (CEQA) have been followed. 4. Based on a review of the proposed project and evidence in the record it was determined that pursuant to Public Resources Code Section 21166 and 21083.3, and Sections 15182 and 15183 ofthe State CEQA Guidelines, the proposed project qualified as a special situation and did not require the preparation of further environmental documents under the requirements for the California Environmental Quality Act of 1970. A Notice of Exemption was prepared and sent to responsible agencies and property owners within 300 feet of the project site. 5. Based on a review of the proposed project and evidence in the record it was determined that pursuant to CEQA and the Guidelines for the Implementation of CEQA, that the project did not require the preparation of subsequent environmental documentation based on the following: (a) The requested actions initiate the implementation of a residential project addressed in the McAllister Ranch Specific Plan and previously analyzed in the McAllister Ranch Specific Plan Final Environmental Impact Report, and the requested actions are in substantial conformance with the Specific Plan; and (b) The requested actions do not require the preparation of subsequent environmental documentation as the conditions identified in Section 15162 do not occur. 6. The public necessity, general welfare and good zoning practice justify the recommended change of zone from A-20 A (Agricultural 20 Acre Minimum Lot Size) to E (Estate - One Family Dwelling) on 143.09 acres; R-1 (One Family Dwelling) on 988.82 acres; R-2 PUD (Limited Multiple Family Dwelling, Planned Unit Development) on 303.21 acres; to R-3 PUD (Limited Multiple Family Dwelling, Planned Unit Development) on 159.67acres; C-1 PCD (Neighborhood Commercial, Planned Commercial Development) on 118.30 acres; C-C PCD PE (Commercial Centers, Planned Commercial Development and Petroleum Extraction Combining) on 320.10 acres; and DI (Drilling Island) on 37.61 acres located generally north of Panama Lane between South Allen Road and Nord Avenue. 2 «. fòf>..KS--9 o ~ >- - t: J!! ù (:) OR(~'~It\l 7. The project site, with prior approval of the McAllister Ranch Specific Plan by Kern County, is designated GC (General Commercial) on 554.79 acres, SR (Suburban Residential) on 135.71 acres, LR (Low Density Residential) on 924.21 acres, LMR (Low Medium Density Residential) on 38.49 acres, HMR (High Medium Density Residential) on 237.64 acres, and HR (High Density Residential) on 180.47 acres on the McAllister Ranch Specific Plan Land Use Plan and has been incorporated into the Metropolitan Bakersfield General Plan Land Use Plan. 8. The recommended zone change will reflect the zoning in the previously adopted McAllister Ranch Specific Plan. 9. The recommended zone change is compatible with the surrounding uses. 10. The recommended zone change is consistent with the McAllister Ranch Specific Plan and the Metropolitan Bakersfield General Plan. 11. That Zone Change No. 06-0321 is hereby approved as recommended by staff with no additional environmental documentation required, as outlined above. 12. That Section 17.06.020 (Zoning Map) of the Municipal Code of the City of Bakersfield be amended by changing the land use zoning from A-20 A (Agricultural 20 Acre Minimum Lot Size) to E (Estate - One Family Dwelling) on 143.09 acres; R- 1 (One Family Dwelling) on 988.82 acres; R-2 PUD (Limited Multiple Family Dwelling, Planned Unit Development) on 303.21 acres; R-3 PUD (Limited Multiple Family Dwelling, Planned Unit Development) on 159.67acres; C-1 PCD (Neighborhood Commercial, Planned Commercial Development) on 118.30 acres; C-C PCD PE (Commercial Centers, Planned Commercial Development and Petroleum Extraction Combining) on 320.10 acres; and DI (Drilling Island) on 37.61 acres on Map Nos. 122-16, 21 , 22 & 23, of that certain property being annexed to the City of Bakersfield as described in Exhibit "B" herein attached. 13. That Zone Change No. 06-0321, as outlined above, is hereby recommended for approval with no additional environmental documentation required. SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: 1. All of the foregoing recitals are hereby found to be true and correct. 2. The proposed project qualifies as a special situation and does not require the preparation of further environmental documents under the requirements for the California Environmental Quality Act of 1970. 3. Section 17.06.020 (Zoning Map) of the Municipal Code of the City of Bakersfield be and the same is hereby amended by changing the land use zoning of that certain property being annexed to the City, the boundaries of which property is shown on the map marked Exhibit "A" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "B". 3 ~ ~f>..K(.'?, Q ~ ::... - I- rn _ T- o (:) ORIGINAL 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 Jur 1 9 2006 , by the following vote: .. .. :_-) -~ NOES: ~T~ ~ EN: __ v- v- ...-.. COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER .......Y\~~~.-t; , r-t~~ ~L1. PAMELA A. McCARTHY, C CITY CLERK and Ex Officio rk of the Council of the City of Bakersfield APPROVED JUL 1 9 2006 HARVE L. HALL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney By I~m.~ Attachments: Exhibit A - Map Exhibit B - Legal Description MO:djl S:\GPA 2nd 2006\06-0321 McAllister Ranch Zone Change\Resolutions\ozc-cc.doc 4 ~þ,I\(o~ J ~ >- ¡:¡; t: r- <..J (:) ORIGINAL LO ;r: - '" I a: N N :3 a.. '" ~-r c· IJ...~I":' ~~I- W :,ç :it!) ....2 °2':: >-Ou ~NIJJ U (/) --- . \ \ \ \ \ \ , ,- i. I L. .,. f '" ... I ~ I I / ~ ; ~ . ... , \ \ \ '. , L'" (L \ Lo. \ .. I ¡ ¡ i i ~ ~( ¡. ~i ~ !~ ~i ~ ~ if ~ð~~t ~ð~~S ü_~~~ o ~! !nU'! w I : ~ I I. ...J ,¡j I ~ ~ J :; CI'f~ tr ¡:J j r~··" "I l§i ~ iGi ft ~~lIi , ~ ~ :!aô ia"'"i '1 ~A·" f_':e 2i&! !,i& '-'>0 Þ'"UJ !'¡Ò~ ~.... g~$5 !;!~ ."1'> '1';;.:; ft~; s ~ . ·0 ~ ;á4- ~·:=.I ~';" . ~tl ;~ t 9- ~~ );-. -i.; ~!,¥ ,-a ~', .1. .w. V4" '""' ~ a; .Ji w ~ _05 9b c ~ j 'j' i~:t H :t 2 w ~ f, !~ 2 ~ wI!.. iw,az N u "'" j i~ r· ~ '1 ... 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"'¡;:¡ <Ii: o '" ... <P 00 ~o «I- .... ~ o I- ~ ..( <p 00 ~o «I- ~-~h..... "$ ~ I I~ ~~1 ;; !;ra ! .. ¡§~ ~ ili iï~ fl~; ~è~i . ;,;~ !!i"=';:¡ ·~ir:J !;;: 2~'! .'1 "".,.... :9 :~~;jl :1 ~~~ ~ ªii! Z ~!P . !~~! . ;¡t.¡~ Q:¡ 'î9~ ap ¡;. I.;. . -i.: !r ~!n :¡;.; ~~" ~IIM ;~; ¡!;I .vv'" :fJ ¡!t1!-a ~Ii· "- ei U ~ .... <,) o I- ~ N <I: o o I- ~ '" ..( l i ! I · · · · ~ . ! ~ i iJ ZONING ~ 122-23 EXHIBIT A ò'" .t- >- t: V ORlnlNAL Area 1 Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence Ex hibit B E ZONES Beginning at the southwest comer of Section 16, Township 30 South, Range 26 East, M.D.M.; North 01 °19'24" East along the west line of said Section 16 a distance of 3035.41 feet to a point on the south line of the Kern River Canal. North 56°09'26" East along said south line of the Kern River Canal a distance of 311. 92 feet to the beginning of a 549.91 foot radius curve concave to the northwest; northeasterly along said curve and south line of the Kern River Canal through a central angle of 09°51 '00" a distance of 94.54 feet; continuing along said south line of the Kern River Canal North 46°18'26" East a distance of 45.59 feet to a point on the south line of the Southern Pacific Railroad right-of-way; South 42°35'38" East along said south railroad right-of-way line a distance of 432.91 feet; South 47°24'22" West along said south railroad right-of-way line a distance of99.99 feet; South 42°35'38" East along said south railroad right-of-way a distance of 761.65 feet; South 01 °19'24" West a distance of 2180.70 feet to the beginning of a 500.00 foot radius tangent curve concave to the northeast; southeasterly along said curve through a central angle of 41 °35'06" a distance of 362.90 feet; South 40°15'42" East a distance of303.22 feet to a point on a 1500.00 foot radius non-tangent curve concave to the southeast, at which a radial line of said curve bears North 40°15'42" West; southwesterly along said 1500.00 foot radius curve through a central angle of 48°57'30" a distance of 1281.73 feet; South 00°46'47" West a distance of 828.96 feet to a point on a 1400.00 foot radius tangent curve concave to the northeast; southeasterly along said 1400.00 foot radius curve through a central angle of 17°25'26" a distance of 425.74 feet; Page 1 of38 <õÞ>Ks-¡» J- ~ >- m t: r- ù () ORIGINAL Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence South 73 °21 '21" West a distance of 1036.24 feet to point on the west line of Section 21, Township 30 South, Range 26 East M.D.M.; North 00°44'50" East along said west section line a distance of 400.43 feet to the west quarter comer of said Section 21; continuing along the west line of said Section 21, North 00°46' 4 7" East a distance of 828.03 feet; South 89°13' 13" East a distance of 330.00 feet; North 00°46'47" East a distance of 330.00 feet; North 89°13' 13" West a distance of330.00 feet to a point on the west line of said Section 21 Township 30 South, Range 26 East, M.D.M.; North 00°46'47" East a distance of 1506.11 feet along said west section line to the northeast comer of said Section 21, point also being the POINT OF BEGINNING. The above description of Area 1 is excepting Area 29 as described below and more particularly described as follows: Beginning at a point which bears North 43°40'04" East a distance of 1166.88 feet from the southwest comer of Section 16, Township 30 South, Range 26 East. M.D.M.; North 01 °19'24" East a distance of330.00 feet; South 88°40'36" East a distance of 330.00 feet; South 01 °19'24" West a distance of330.00 feet; North 88°40'36" West a distance of330.00 feet to the POINT OF BEGINNING of the description of Area 29. Area 1 is located in the west half of the west half of said Sections 16 & 21, Township 30 South, Range 26 East, M.D.M., and contains approximately 139.30 net acres. Page 2 of38 fòþ.,K~-9 ð- ~ >- - m ':; ,..... v (:) ORIGINAL Area 2 Thence Thence Thence Thence Thence Thence Thence Thence Area 3 Thence Thence Thence Thence Commencing at the southeast comer of Section 21, Township 30 South, Range 26 East, M.D.M.; North 00°41' 49" East along the east line of said Section 21 a distance of 925.08 feet to the beginning of a 1500.00 foot radius tangent curve concave to the southeast; northeasterly through central angle of 04°18'35" a distance of 112.83 feet; North 89°12' 11" West a distance of 1299.00 feet; North 00°00'00" West a distance of 1186.26 feet to the POINT OF BEGINNING; North 34°01' 12 " West a distance of 554.11 feet; South 90°00'00" East a distance 515.50 feet; South 00°00'00" West a distance of 458.73 feet; North 90°00'00" West a distance of204.68 feet to the POINT OF BEGINNING. Area 2 is located in the east half of Section 21, Township 30 South, Range 26 East, M.D.M. and contains approximately 3.79 acres. R-l ZONES Commencing at the southwest comer of Section 21, Township 30 South, Range 26 East, M.D.M.; South 89°25 '29" East along the south line of said Section 21 a distance of 900.04 feet; North 00°34'31" East a distance of 755.22 feet to the beginning of 1400.00 foot radius tangent curve concave to the southeast; northeasterly along said 1400.00 foot radius curve through a central angle of 46°50'06" a distance of 1144.40 feet; North 47°24'37" East a distance of 1703.69 feet to the POINT OF BEGINNING; Page 3 of38 <Qf>..KS--9 ~ - - t: J!! v () ORIGINAL Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence North 25°49'07" West a distance of757.96 feet; North 42°35'23" West a distance of 1487.02 feet to a point being on a 1500.00 foot radius non-tangent curve concave to the southeast, at which a radial line of said curve bears North 52°56'39" West; northeasterly along said 1500.00 foot radius curve through a central angle of 12°40'54" a distance of 332.00 feet; North 40°15'42" West a distance of 303.22 feet to the beginning of a 500.00 foot radius tangent curve concave to the northeast; northwesterly along said 500.00 foot radius curve through a central angle of 41 °35'06" a distance of 362.90 feet; North 01 °19'24" East a distance of2180.70 feet to a point on the southerly line of the Southern Pacific Railroad right-of-way; South 42°35'38" East along said south railroad right-of-way line a distance of2198.11 feet; North 47°24'22" East a distance of 101.97 feet to the beginning of a 3280.57 foot radius non-tangent curve concave to the northeast, at which a radial line of said curve bears South 45 ° 4 3' 51 " West; southeasterly along said curve and south railroad right-of-way line through a central angle 00°25'29" a distance of 24.31 feet to the beginning of a 2914.59 foot radius compound curve concave to the northeast; southeasterly along said 2914.59 foot radius curve and south railroad right- of-way line through a central angle of 33 °09' 18" a distance of 1686.57 feet; departing from said southerly right-of-way line of the Southern Pacific Railroad, South 47°24'37" West a distance of 860.75 feet; North 42°35'23" West a distance of98.75 feet to the beginning of a 1500.00 foot radius tangent curve concave to the southwest; northwesterly along said 1500.00 foot radius curve through a central angle of 37°05' 46" a distance of 971.17 feet to the end of said 1500.00 foot radius non-tangent curve, at which a radial line of said curve bears North 10°18'52" East; South 01 °04' 11 " West a distance of 1576.53 feet; Page 4 of38 fòf>..KS--9 ~ ~ >- - r- m __ l- V <.:) 0AlcalNAt Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence South 59°21' 3 8" East a distance of 523 .62 feet; South 47°24'37" West a distance of 747.43 feet to the POINT OF BEGINNING. The above description of Area 3 is excepting Area 28 & 38 as described below and more particularly described as follows: Area 28 Commencing at the southwest comer of Section 21, Township 30 South, Range 26 East, M.D.M.; South 89°25'29" East along said south line of said Section 21 a distance of 900.04 feet; North 00°34'31" East a distance of 755.22 feet to the beginning of a 1400.00 foot radius tangent curve concave to the southeast; continuing northeasterly along said 1400.00 foot radius curve through a central angle of 46°50'06" a distance of 1144.40 feet; South 47°24'37" East a distance of 581.23 feet to the POINT OF BEGINNING; South 89°25'29" East a distance of 244.34 feet; South 00°34'31" West a distance of 330.00 feet; North 89°25'29" West a distance of330.00 feet; North 00°34'31" East a distance of 330.00 feet; South 89°25'29" East a distance of 85.66 feet to the POINT OF BEGINNING of the description of Area 28. Area 38 Commencing at the east quarter comer of Section 21, Township 30 South, Range 26 East, M.D.M.; North 40°25'45" West a distance of3318.83 feet to the intersection of a 1500.00 foot radius non-tangent curve concave to the southwest at which a radial line of said curve bears North 27°22'24" East, said point being the POINT OF BEGINNING of this description; Page 5 of38 «. fò f>..KS-1> o ~ >- - ~ J!! ù c:> ORIGINAL Thence Thence Thence Thence Area 4 Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence northwesterly along said 1500.00 foot radius curve through a central angle of 12°23' 46" a distance of 312.30 feet; departing from said 1500.00 foot radius curve North 15°26'46" East a distance of 356.50 feet; South 74°33'14" East a distance of310.00 feet; South 15°26'46" West a distance of 388.88 feet to the POINT OF BEGINNING of the description of Area 38. Area 3 is located in the south half of Section 16 and the north half of Section 21, Township 30 South, Range 26 East, M.D.M. and contains approximately 121.58 net acres. Commencing at the southwest comer of Section 21, Township 30 South, Range 26 East, M.D.M.; South 89°25' 29" East along the south line of said Section 21 a distance of 900.04 feet to the POINT OF BEGINNING; North 00°34' 31" East a distance of 7 5 5 .22 feet to the beginning of a 1400.00 foot radius tangent curve concave to the southeast; northeasterly along said 1400.00 foot radius curve through a central angle of 46°50'06" a distance of 1144.39 feet; departing from said 1400.00 foot radius curve North 47°24'37" East a distance of 150.04 feet; South 42°35'23" East a distance of 581.22 feet; South 89°25'29" East a distance of2136.13 feet; South 00°00'00" West a distance of 412.42 feet; South 38°18'12" West a distance of 1318.32 feet to the south line of said Section 21; North 89°25' 19" West along said south line of Section 21 a distance of 542.78 feet to the south quarter comer of said Section 21; continuing along the south line of Section 21 North 89°25'29" West a distance of 1740.10 feet to the POINT OF BEGINNING. Page 60f38 ~ fòf>..K~-9 a ó' >- ~ t: J!] ù OAIGINAt> Thence Thence Thence Thence Thence Thence Thence Thence Thence Area 5 Thence Thence The above description of Area 4 is excepting Area 26 as described below and more particularly described as follows: Commencing at the southwest comer of Section 21, Township 30 South, Range 26 East, M.D.M.; South 89°25'29" East along said south line of said Section 21 a distance of 900.04 feet; North 00°34'31" East a distance of 755.22 feet to the beginning of a 1400.00 foot radius tangent curve concave to the southeast; continuing northeasterly along said 1400.00 foot radius curve through a central angle of 46°50'06" a distance of 1144.40 feet; South 47°24'37" East a distance of 581.23 feet to the POINT OF BEGINNING; South 89°25'29" East a distance of 244.34 feet; South 00°34'31" West a distance of 330.00 feet; North 89°25'29" West a distance of 330.00 feet; North 00°34'31" East a distance of 330.00 feet; South 89°25'29" East a distance of 85.66 feet to the POINT OF BEGINNING of the description for Area 26. Area 4 is located in the south half of Section 21, Township 30 South, Range 26 East, M.D.M. and contains approximately 93.96 net acres. Beginning a the southeast comer of Section 22, Township 30 South, Range 26 East M.D.M.; North 89°37'09" West along the south line of said Section 22 a distance of 2641.78 feet to the south quarter comer of said Section 22; continuing North 89°36'56" West along the south line of said Section 22 a distance of 586.07 feet; Page 70f38 __.. ......._.._._. ".__,.'m..___.,.___,_"__'''-'~'''_ ___. '__...._.~_^_,._~...__..,... .....__~._.~_"._~."...,~....____._.___..__, ~ fòÞ.K~?> o ~ >- - t: ~ v t:) ORIGINAL Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence North 00°23'04" East a distance of 899.25 feet to a point on a non-tangent 2000.00 foot radius curve concave to the northeast, at which a radial line bears South 21 °53'27" West; northwesterly along said 2000.00 foot radius curve through a central angle of28°02'40" a distance of978.94 feet; North 40°03'53" West a distance of 1262.27 feet; North 40°15'54" West a distance of 1227.92 feet to a point on a non-tangent 7000.00 foot radius curve concave to the southwest, at which a radial line bears North 48°36'00" East; northwesterly along said 7000.00 foot radius curve through a central angle of 01 °08'06" a distance of 138.67 feet; North 47°24'59" East a distance of330.00 feet; North 42°35'01" West a distance of330.00 feet; North 47°24'37" East a distance of 392.73 feet; North 59°20'24" East a distance of 372.50 feet to the beginning of a 320.00 foot radius tangent curve concave to the northwest; northeasterly along said 320.00 foot radius curve through a central angle of 49°48'59" a distance of278.23 feet; North 09°31 '25" East a distance of 152.30 feet; North 80°28'35" West a distance of265.32 feet to the beginning of a 1400.00 radius tangent curve concave to the south; westerly along said 1400.00 foot radius curve through a central angle of 26°05'32" a distance of 637.55 feet; North 05°04'54" West a distance of 547.19 feet to a point on the southerly right-of-way line of the Southern Pacific Railroad and a 2914.59 foot radius non-tangent curve concave to the northeast, at which a radial line of said curve bears South 03° 17'49"West; easterly along said 2914.59 foot radius curve and the southerly right-of-way line of the Southern Pacific Railroad through a central angle of 00°39'27" a distance of33.45 feet to the beginning ofa 3323.81 foot radius compound curve concave to the northeast; Page 80f38 ~ 'òf>..KS-1> o ~ ;;.... - I- m _ t- O (:) ORIGINAL Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence easterly along said 3323.81 foot radius curve and the southerly right-of-way line of the Southern Pacific Railroad through a central angle of 00°31 '30" a distance of30.46 feet to the beginning of a 3869.44 foot radius compound curve concave to the northeast; easterly along said 3869.44 foot radius curve and the southerly right-of-way line of the Southern Pacific Railroad through a central angle of 00°27'00" a distance of 30.39 feet to the beginning of a 4633.51 foot radius compound curve concave to the northeast; easterly along said 4633.51 foot radius curve and southerly right-of-way line of the Southern Pacific Railroad through a central angle of 00°22'30" a distance of 30.33 feet to the beginning of a 5779.24 foot radius compound curve concave to the northeast; easterly along said 5779.24 foot radius curve and the southerly right-of-way line of the Southern Pacific Railroad through a central angle of 00° 18'00" a distance of 30.26 feet to the beginning of a 7688.84 foot radius compound curve concave to the northeast: easterly along said 7688.84 foot radius curve and the southerly right-of-way line of the Southern Pacific Railroad through a central angle of 00°13'30" a distance of 30.19 feet to the beginning of an 11508.27 foot radius compound curve concave to the northeast; easterly along said 11508.27 foot radius curve and the southerly right-of- way line of the Southern Pacific Railroad through a central angle of 00°09'00" a distance of 30.13 feet to the beginning of a 22966.50 foot radius compound curve concave to the northeast; easterly along said 22966.50 foot radius curve and the southerly right-of- way line of the Southern Pacific Railroad through a central angle of 00°04'30" a distance of 30.06 feet; continuing easterly along said southerly right-of-way line ofthe Southern Pacific Railroad South 89°27'38" East a distance of 382.94 feet to the west line of Section 22; South 01 °14'53" West along the said west line of Section 22 a distance of 0.81 feet to the southerly right-of-way line of the Southern Pacific Railroad; continuing easterly along said southerly right-of-way line of the Southern Pacific Railroad South 89°28'33" East a distance of 5298.24 feet; Page 9 of38 ~ fòf>..Kt:-9 o ~ >- - t: J!! c.::> (:) ORIGINAL ~----+--~---~-"-'----'~~--~-'~"'-'-'-"""--< '~""-~"-'--'~-=----~""-----'--'------'-- Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence South 89°21' 54" East along the south right-of-way line of the Southern Pacific Railroad a distance of2639.35 feet to the north/south mid-section line of Section 23, Township 30 South, Range 26 East. M.D.M.; South 00°56'38" West, along the north/south mid-section line of said Section 23 a distance of 985.77 feet; North 89°03'22" West a distance of 400.00 feet to the beginning of a 1000.00 radius tangent curve concave to the northeast; westerly along said 1000.00 foot radius curve through a central angle of 02°28'57" a distance of 43.33 feet; South 03°25'35" West, a distance of 300.00 feet to the beginning of a 1200.00 foot radius tangent curve concave to the northwest; southwesterly along said 1200.00 foot radius curve through a central angle of 12°32'44" a distance of262.75 feet; South 15°58'19" West a distance of 319.1 0 feet to the beginning of a 1200.00 foot radius tangent curve concave to the southeast; southwesterly along said curve through a central angle of 15°01 '41" a distance of314.75 feet; South 00°56'38" West a distance of 832.42 feet; North 89°03'22" West a distance of 1487.82 feet to the beginning of a 1350.00 foot radius tangent curve concave to the southeast; southwesterly along said 1350.00 foot radius curve through a central angle of 41 °00'31" a distance of966.24 feet; South 49°56'07" West a distance of 401.05 feet; South 40°03'53" East, a distance of 251.21 feet to the beginning of a 2000.00 foot radius tangent curve concave to the southwest; continuing southeasterly along said 2000.00 foot radius curve through a central angle of 41 °01 '26" a distance of 1432.01 feet; South 00°57'34" West a distance of205.04 feet to the southeast comer of said Section 22 and also being the POINT OF BEGINNING for description of Area 5. Page 10 of38 ~ fòf>..KS"-9 o ~ >- - I- ITJ __ l""- V (:) ORIGINAL Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence The above description of Area 5 is excepting Area 10 and 31 thru 36 as described below and more particularly described as follows: Area 10 Commencing at the east quarter comer of Section 22, Township 30 South, Range 26 East, M.D.M.; North 44°17'58" West a distance of 1015.99 feet to the POINT OF BEGINNING; South 25°06'28" West a distance of 427.26 feet to the beginning of a 380.00 foot radius tangent curve concave to the southeast; southwesterly along said 380.00 foot radius curve through a central angle of 20°19'26" a distance of 134.79 feet; South 00°23'50" West a distance of 88.56 feet; South 00°44'51" East a distance of 90.06 feet to the beginning of a 185.00 foot radius non-tangent curve concave to the northwest, to which a radial line of said curve bears North 66°01'15" East; southerly along said 185.00 foot radius curve through a central angle of 94°02'50" a distance of 303.66 feet to a point of cusp with a 140.00 foot radius curve concave to the northwest, to which a radial line of said curve bears North 33°26'26". East; southeasterly along said 140.00 foot radius curve through a central angle of 185°16'46" a distance of 452.72 feet; North 82°16'57" West a distance of 689.47 feet; North 07°43'03" East a distance of303.41 feet to the beginning of a 420.00 foot radius tangent curve concave to the southeast; northeasterly along said 420.00 foot radius curve through a central angle of 32°19'49" a distance of236.99 feet; North 40°02'51" East a distance of 109.51 feet; North 23°35'07" East a distance of 97.45 feet; North 06°23'35" West a distance of231.56 feet to the beginning of a 280.00 foot radius tangent curve concave to the southwest; Page 11 of38 X fòf>..KS--9 a ~ >- - t- ITJ __ l""- V <:> ORIGINAL Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence northwesterly along said 280.00 foot radius curve through a central angle of 41 °27'15" a distance of202.58 feet to the beginning of a 620.00 foot radius reversing curve concave to the northeast; northwesterly along said 620.00 foot radius curve through a central angle of 09° 19'57" a distance of 100.99 feet; North 51 °29'06" East a distance of240.00 feet to the beginning ofa non- tangent 380.00 foot radius curve concave to the northeast at which a radial line of said curve bears South 51 °29'06" West; southeasterly along said 380.00 foot radius curve through a central angle of 09° 19'57" a distance of 61.89 feet to the beginning of a 520.00 foot radius reversing curve concave to the southwest; southeasterly along said 520.00 foot radius curve through a central angle of 18°59'19" a distance of 172.34 feet to the point of cusp with a 140.00 foot radius curve concave to the southeast, at which a radial line of said curve bears South 82°57'19" West; northeasterly along said 140.00 foot radius curve through a central angle of 140°31'15" a distance of 343.36 feet to the beginning of a non-tangent 380.00 foot radius curve concave to the northwest, at which radial line of said curve bears South 07°54'38" East; northeasterly along said 380.00 foot radius curve through a central angle of 04°03'15" a distance of26.89 feet to the beginning of a 370.00 foot radius reversing curve concave to the southwest; easterly along said 370.00 foot radius curve through a central angle of 37°08'28" a distance of239.85 feet to the beginning of an 870.00 foot radius compound curve concave to the southwest; southeasterly along said 870.00 foot radius curve through a central angle of 11 °04'59" a distance of 168.29 feet; South 57°48'45" East a distance of 60.46 feet; South 64°53'32" East a distance of90.00 feet to the POINT OF BEGINNING of the description of Area 10 Area 31 Beginning at a point which bears North 34°41'49" East a distance of2365.79 feet from the west quarter comer of Section 22, Township 30 South, Range 26 East, M.D.M.; Page 12 of38 X fòf>..KS--9 o ~ >- - t: J!! ù (::) ORIGINAL Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence North 09°31 '25" East a distance of 330.00 feet; South 80°28'35" East a distance of 330.00 feet; South 09°31 '25" West a distance of330.00 feet; North 80°28'35" West a distance of330.00 feet to the POINT OF BEGINNING of the description of Area 31. Area 32 Beginning at a point which bears North 21 °39'21" West a distance of 1917.71 feet from the east quarter comer of Section 22, Township 30 South, Range 26 East, M.D.M.; South 76°38'18" West a distance of330.00 feet; North 13°21'42" West a distance of330.00 feet; North 76°38'18" East a distance of330.00 feet; South 13°21'42" East a distance of 330.00 feet to the POINT OF BEGINNING of the description of Area 32. Area 33 Beginning at a point which bears North 27°09'48" East a distance of 1924.49 feet from the west quarter comer of Section 23, Township 30 South, Range 26 East, M.D.M.; North 19°07' 09" East a distance of 330.00 feet; South 70°52'51" East a distance of 330.00 feet; South 19°07'09" West a distance of 330.00 feet; North 70°52'51" West a distance of330.00 feet to the POINT OF BEGINNING of the description of Area 33. Area 34 Beginning at a point which bears North 86°48'29" East a distance of2671.43 feet from the west quarter comer of Section 22, Township 30 South, Range 26 East, M.D.M.; North 00°00'00" West a distance of330.00 feet; North 90°00'00" East a distance of 330.00 feet; Page 13 of38 «. fòf>..KS--9 o ~ >- - t: J!! ù <:::> ORIGINAL Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence South 00°00'00" East a distance of 330.00 feet; South 90°00'00" West a distance of330.00 feet to the POINT OF BEGINNING of the description of Area 34. Area 35 Commencing at the south quarter comer of Section 22, Township 30 South, Range 26 East; M.D.M.; North 00°52'45" East a distance of764.98 feet to the beginning of a 2000.00 foot radius non-tangent curve concave to the northeast at which a radial line of said curve bears South 04°24' 49" West; northwesterly along said 2000.00 foot radius curve through a central angle of 45°31'18" a distance of 1589.01 feet at which a radial line of said curve bears South 49"56'07" West, said point also being the POINT OF BEGINNING of this description; continuing North 40°03'53" West a distance of330.00 feet; North 49°56'07" a distance of 330.00 feet; South 40°03' 53" East a distance of 330.00 feet; South 49°56'07" West a distance of 330.00 feet to the POINT OF BEGINNING of the description of Area 35. Area 36 Commencing at the south quarter comer of Section 22, Township 30 South, Range 26 East, M.D.M.; North 00°52'45" East a distance of 764.98 feet to the intersection of a 2000.00 foot radius non-tangent curve concave to the northeast at which a radial line of said curve bears South 04°24'49" West; northeasterly along said 2000.00 foot radius curve through a central angle of 30°00'17" a distance of 1047.37 feet at which a radial line of said curve bears South 25°35'28" East, said point also being the POINT OF BEGINNING of this description; continuing northeasterly along said 2000.00 foot radius curve through a central angle of 09°29' 53" a distance of 331.52 feet; South 25°35'28" East a distance of 346.86 feet; Page 14 of38 - --'~-"---.~-"."-'-'-'--^-''''-''''- "~'~-'.._~_.._~'~~'" «. fòf>..KS--9 o - ~ I- ITJ __ r- Ù (:) ORIGINAL Thence Thence Area 6 Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence South 64°24'32" West a distance of330.00 feet; North 25°35'28" West a distance of 321.00 feet to the POINT OF BEGINNING of the description of Area 36. Area 5 is located in Sections 21,22 and 23 of Township 30 South, Range 26 East, M.D.M. and contains approximately 674.55 net acres. Beginning at the southwest comer of Section 23, Township 30 South, Range 26 East, M.D.M.; North 00°57'34" East a distance of205.04 feet to the beginning of a 2000.00 foot radius tangent curve concave to the southwest; northwesterly along said curve through a central angle of 41 °01 '26" a distance of 1432.01 feet; North 40°03'53" West a distance of251.21 feet; North 49°56'07" East a distance of 401.05 feet to the beginning of a 1350.00 foot radius tangent curve concave to the southeast; continuing easterly along said 1350.00 foot radius curve through a central angle of 41 °00'31" a distance of 966.24 feet; South 00°56'38" West a distance of 330.00 feet: South 89°03'22" East a distance of 330.00 feet; North 00°56'38" East a distance of 330.00 feet; South 89°03 '22" East a distance of 1157.82 feet: South 00°56'38" West a distance of 444.65 feet to the beginning of an 800.00 foot radius tangent curve concave to the northwest; continuing along said 800.00 foot radius curve through a central angle of 89°40'27" a distance of 1252.09 feet; North 89°22'55" West a distance of69.85 feet; South 00°37'05" West a distance of 1050.30 feet to the south line of said Section 23 of Township 30 South, Range 26 East M.D.M.; Page 15 of38 -- - ..-..-_... -----" --'~' ,.. ,~..,.~,... "~-'--"-"-"'-"'_.-'---"-'--'--'-"'-~_._-.--.-._. .~_.~-----" «. fòf>..KS-1> o ~ >- - I- m - I""- (.) <::> ORIGINAL Thence Area 22 Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence along the south line of said Section 23 North 89°22'55" West a distance of 1161.43 to the POINT OF BEGINNING of the description of Area 6. Area 6 is located in Sections 22 and 23 of Township 30 South, Range 26 East, M.D.M. and contains approximately 90.87 net acres. Beginning at the southeast comer of Section 22, Township 30 South, Range 26 East M.D.M.; North 89°37'09" West along the south line of said Section 22 a distance of 2641.78 feet to the south quarter comer of said Section 22; continuing North 89°36'56" West along the south line of said Section 22 a distance of 586.07 feet; North 00°23 '04" East a distance of 899.25 feet to a point on a non-tangent 2000.00 foot radius curve concave to the northeast, at which a radial line bears South 21 °53'27" West; northwesterly along said 2000.00 foot radius curve through a central angle of28°02'40" a distance of978.94 feet; North 40°03' 53" West a distance of 1262.27 feet; North 40°15'54" West a distance of 1227.92 feet to the beginning of a 7000.00 foot radius tangent curve concave to the southwest; northwesterly along said 7000.00 foot radius curve through a central angle of 02°19'29" a distance of284.02 feet; North 42°35'23" West a distance of 184.63 feet to the POINT OF BEGINNING; North 42°35'23" West a distance of826.72 feet; North 42°35'23" East a distance of200.73 feet to the beginning of a 1400.00 foot radius non-tangent curve concave to the southeast; northeasterly along said 1400.00 foot radius curve through a central angle of 03°03'28" a distance of74.31 feet, at which a radial line bears North 39°32'55" West; South 42°32'23" East a distance of 824.75 feet; Page 16 of38 . .,",--..~,~,--;--"..~-". fòf>..KS-1> ~ (p "'t\ >- - \- m _ l""- V c:::, ORIGINAL Thence Area 7 Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence South 47°24'37" West a distance of275.00 feet to the POINT OF BEGINNING. Area 22 lies within the northeast quarter of Section 21, Township 30 South, Range 26 East, M.D.M. and contains approximately 5.22 acres. R-2 PUD ZONES Beginning at the southwest comer of Section 21, Township 30 South, Range 26 East, M.D.M.; North 00°44'50" East along the west line of said Section 21 a distance of 2263.80 feet; North 73°21 '21" East a distance of 1036.24 feet to a point on a 1400.00 foot radius non-tangent curve concave to the northeast, at which a radial line of said curve bears South 73°21 '21 II West; northwesterly along said 1400.00 foot radius curve through a central angle of 17°25'26" a distance of 425.74 feet; continuing North 00°46' 47" East a distance of 828.96 feet to the beginning of a 1500.00 foot radius tangent curve concave to the southeast: northeasterly along said 1500.00 foot radius curve through a central angle of 36°16'36" a distance of 949.72 feet; South 42°35'23" East a distance of 1487.02 feet; South 25°49'07" East a distance of 757.96 feet; South 47°24'37" West a distance of 1703.69 feet to the beginning of a 1400.00 foot radius tangent concave to the southeast; southwesterly along said 1400.00 foot radius curve through a central angle of 46°50'06" a distance of 1144.40 feet; South 00°34' 31 " West a distance of 755.22 feet to a point on the south line of said Section 21 ; North 89°25'29" West along said south line of Section 21 a distance of 900.04 feet to the southwest comer of said Section 21 and also being the POINT OF BEGINNING of this area description. Page 17 of38 «. fòf>..KS--9 o ~ >- - t: J!! o C) ORIGINAL Area 8 Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence Area 7 lies within the west half of Section 21 , Township 30 South, Range 26 East, M.D.M. and contains approximately 121.75 acres. Commencing at the southeast comer of Section 21, Township 30 South, Range 26 East, M.D.M.; North 00°47'49" East along the east line of said Section 21 a distance of 925.08 feet to the beginning of a 1500.00 foot radius tangent curve concave to the southeast; continuing northeasterly along said 1500.00 foot radius curve through a central angle of 04°18'35" a distance of 112.83 feet to the POINT OF BEGINNING; North 89°12'11" West a distance of 1299.00 feet; North 00°00'00" West a distance of 1186.26 feet; South 90°00'00" East a distance of 204.68 feet; North 00°00'00" West a distance of 458.73 feet; South 90°00'00" West a distance of515.50 feet; North 34°07'12" West a distance of934.97 feet; North 59°21 '38" West a distance of 523.62 feet: North 01 °04' 11" East a distance of 1576.53 feet to a point on a 1500.00 foot radius non-tangent curve concave to the southwest to which a radial line of said curve bears North 10°18 '52" East; southeasterly along said 1500.00 foot radius curve through a central angle of 37°05'46" a distance of 971.17 feet; South 42°35'23" East a distance of 1748.52 feet to the beginning of a 7000.00 foot radius tangent curve concave to the southwest; southeasterly along said curve through a central angle of 02° 19'29" a distance of 284.02 feet; South 40°15'54" East a distance of 1227.92 feet; South 40°03'53" East a distance of335.08 feet; ~ fòAKS--9 a - ~ t: J!! ù (:) Page 18 of38 ORIGINAL Thence Thence Area 9 Thence Thence Thence Thence Thence Thence Thence Thence South 49°56'07" West a distance of 173.12 feet to the beginning of a 1500.00 foot radius tangent curve concave to the southeast; southwesterly along said curve through a central angle of 44°49'43" a distance of 1173.61 feet to the POINT OF BEGINNING ofthis description. Area 8 is located in the easterly portion of Section 21 and the westerly portion of Section 22, Township 30 South, Range 26 East, M.D.M. and contains approximately 140.91 acres. Commencing at the east quarter comer of Section 21, Township 30 South, Range 26 East, M.D.M.; North 20°58'09" West a distance of 1332.37 feet to the POINT OF BEGINNING; North 42°35'23" West a distance of824.75 feet a point on a 1400.00 foot radius non-tangent curve concave to the southeast at which a radial line of said curve bears North 39°32'55" West; northeasterly along said curve through a central angle of 49°04' 19" a distance of 1199.06 feet; South 80°28'35" East a distance of265.32 feet; South 09°31'25" West a distance of 152.30 feet to the beginning of a 320.00 foot radius tangent curve concave to the northwest; southwesterly along said 320.00 foot radius curve through a central angle of 49°48'59" a distance of278.23 feet; South 59°20~24~~ West a distance of 372.50 feet; South 47°24'37" West a distance of 446.26 feet to the POINT OF BEGINNING. Area 9 is located in the northeast quarter of Section 21 and the northwest quarter of Section 22. Township 30 South, Range 26 East, M.D.M. and contains approximately 16.74 acres. Page 19 of38 fòf>..KS--9 ð- - - t: f!] ù (:) ORIGINAL Area 10 Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence Commencing at the east quarter comer of Section 22, Township 30 South, Range 26 East. M.D.M.; North 44°17'58" West a distance of 1015.99 feet to the POINT OF BEGINNING; South 25°06'28" West a distance of 427.26 feet to the beginning of a 380.00 foot radius tangent curve concave to the southeast; southwesterly along said 380.00 foot radius curve through a central angle of 20°19'26" a distance of 134.79 feet; South 00°23'50" West a distance of 88.56 feet; South 00°44'51" East a distance of 90.06 feet to the beginning of a 185.00 foot radius non-tangent curve concave to the northwest, at which a radial line to said curve bears North 66°01' 15" East; southerly along said 185.00 foot radius curve through a central angle of 94°02'50" a distance of 303.66 feet to a point of cusp with a 140.00 foot radius curve concave to the northwest to which a radial line to said curve bears North 33°26'26" East; southeasterly along said 140.00 foot radius curve through a central angle of 185°16'46" a distance of 452.72 feet; North 82°16'57" West a distance of 689.47 feet; North 07°43'03" East a distance of303.41 feet to the beginning of a 420.00 foot radius tangent curve concave to the southeast; northeasterly along said 420.00 foot radius curve through a central angle of 32°19'49" a distance of236.99 feet; North 40°02'51" East a distance of 1 09.51 feet: North 23°35'07" East a distance of 97.45 feet; North 06°23'35" West a distance of231.56 feet to the beginning of a 280.00 foot radius tangent curve concave to the southwest; Page 20 of 38 ~ fòf>..KS-1> o ~ >- - I- ITJ - I""- a ORIGlNAt> Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence northwesterly along said 280.00 foot radius curve through a central angle of 41 °27' 15" a distance of 202.58 feet to the beginning of a 620.00 foot radius reversing curve concave to the northeast; northwesterly along said 620.00 foot radius curve through a central angle of 09°19'57" a distance of 100.99 feet; North 51 °29'06" East a distance of 240.00 feet to the beginning of a non- tangent 380.00 foot radius curve concave to the northeast, at which a radial line of said curve bears South 51 °29'06" West; southeasterly along said 380.00 foot radius curve through a central angle of 09° 19'57" a distance of 61.89 feet to the beginning of a 520.00 foot radius reversing curve concave to the southwest; southeasterly along said 520.00 foot radius curve through a central angle of 18°59' 19" a distance of 172.34 feet to the point of cusp with a 140.00 foot radius curve concave to the southeast at which a radial line of said curve bears South 82°57'19" West; northeasterly along said 140.00 foot radius curve through a central angle of 140°31'15" a distance of 343.36 feet to the beginning of a non-tangent 380.00 foot radius curve concave to the northwest, at which a radial line of said curve bears South 07°54'38" East; northeasterly along said 380.00 foot radius curve through a central angle of 04°03'15" a distance of26.89 feet to the beginning of a 370.00 foot radius reversing curve concave to the southwest; easterly along said 370.00 foot radius curve through a central angle of 37°08'28" a distance of 239.85 feet to the beginning of an 870.00 foot radius compound curve concave to the southwest; southeasterly along said 870.00 foot radius curve through a central angle of 11 °04'59" a distance of 168.29 feet; South 57°48'45" East a distance of 60.46 feet; South 64°53'32" East a distance of90.00 feet to the POINT OF BEGINNING of the description of Area 10. Area 10 is located in the easterly portion of Section 22, Township 30 South, Range 28 East, M.D.M. and contains approximately 26.32 acres. Page2! of38 X fòf>..KS--9 o <J> ~ ~ 111 - I""- ".,) <:) 'îRIGINAL Area 11 Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence R-3 PUD ZONES Commencing at the southwest comer of Section 21, Township 30 South, Range 26 East, M.D.M.; South 89°25 '29" East along the south line of said Section 21 a distance of 900.04 feet; North 00°34'31" East a distance of755.22 feet to the beginning of a 1400.00 foot radius tangent curve concave to the southeast; northeasterly along said 1400.00 foot radius curve through a central angle of 46°50'06" a distance of 1144.40 feet; North 47°24'37" East a distance of 150.04 feet to the POINT OF BEGINNING; North 47°24'37" East a distance of2301.08 feet; South 34°07'12" East a distance of 1489.08 feet; South 00°00'00" West a distance of 773.84 feet; North 89°25'29" West a distance of2136.13 feet; North 42°35'23" West a distance of 581.23 feet to the POINT OF BEGINNING for this description of Area 11. The above description of Area 11 is excepting Area 15 as described below and more particularly described as follows: Commencing at the east quarter comer of Section 21, Township 30 South, Range 26 East, M.D.M.; North 84°28'26" West a distance of 1794.18 feet to the POINT OF BEGINNING; South 34°07'12" East a distance of 597.97 feet; South 00°00'00" West a distance of366.62 feet; North 90°00'00" West a distance of245.00 feet; North 00°00'00" East a distance of 291.43 feet; «. fòþ..K~1> o ~ >- - t;: J!] Page 22 of38 ùOAIQINA~ Thence Thence Area 12 Thence Thence Thence Thence Thence Thence Thence Thence Thence North 34°07'12" West a distance of 522.79 feet; North 55°52'48" East a distance of245.00 feet to the true point beginning. Area 11 described above is located near the center of Section 21, Township 30 South, Range 26 East, M.D.M. and contains approximately 66.73 net acres. Commencing at the southwest comer of Section 22, Township 30 South, Range 26 East, M.D.M.; North 00°47'49" East along the west line of said Section 22, a distance of 925.08 feet to the beginning of a 1500.00 foot radius tangent curve concave to the southeast and also being the POINT OF BEGINNING for this description; northeasterly along said 1500.00 foot radius curve through a central angle of 49°08'18" a distance of 1286.44 feet; North 49°56'07' East a distance of 173.12 feet; South 40°03'53" East a distance of 927.19 feet to the beginning of a 2000.00 foot radius tangent curve concave to the northeast; southeasterly along said 2000.00 foot radius curve through a central angle of28°02'40" a distance of978.94 feet; South 00°23'04" West a distance of 444.23 feet; North 89°36'56" West a distance of 1027.70 feet; North 40°03'00" West a distance of611.62 feet; North 89°12'11" West a distance of 624.46 feet to the POINT OF BEGINNING of Area 12. Area 12 is located in the southwest quarter of said Section 22 and contains approximately 42.34 acres. Page 23 of38 «. fòþ..K~~ Q ~ >- - ~ P1 "" (:) ORIGINAL Area 13 Thence Thence Thence Thence Thence Thence Thence Thence Thence Area 14 Thence Thence Commencing at the south quarter comer of Section 23, Township 30 South, Range 26 East, M.D.M.; North 00°56'38" East along the north/south mid-section line of said Section 23 a distance of 2286.91 feet to a point on a non-tangent 2500.00 foot radius curve concave to the northeast, at which a radial line of said curve bears South 00°47'09" West, said point being the POINT OF BEGINNING for this description; westerly along said 2500.00 foot radius curve through a central angle of 00°09'29" a distance of 6.90 feet; North 89°03'22" West a distance of 613.11 feet; North 00°56'38" East a distance of 832.42 feet to the beginning of a 1200.00 foot radius tangent curve concave to the southeast; continuing northerly along said 1200.00 foot radius curve through a central angle of 15°01 '41" a distance of 314.75 feet; North 15°58'19" East a distance of319.10 feet to the beginning of a 1200.00 foot radius tangent curve concave to the northwest; continuing northerly along said 1200.00 foot radius curve through a central angle of 02°32'50" a distance of 53.35 feet; South 89°03'22" East a distance of 483.54 feet to a point on the north/south mid-section line of said Section 23; southerly along said mid-section line South 00°56'38" West a distance of 1503.56 feet to a point on said 2500.00 foot radius non-tangent curve, point also being the POINT OF BEGINNING of this description. Area 13 lies within the west half Section 23, Township 30 South, Range 26 East, M.D.M. and contains approximately 20.58 acres. Commencing at the south quarter comer of Section 23, Township 30 South, Range 26 East, M.D.M.; North 00°56'38" East along the north/south mid-section line of said Section 23 a distance of 708.44 feet to the POINT OF BEGINNING; North 89°22'55" West a distance of 1483.07 feet; Page 24 of38 «. fòf>..KS-1> Q ~ >- - t- m _ l""- e.) (:) ORIGINAL Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence North 00°37'05" East a distance of395.30 feet; South 89°22'55" East a distance of 69.85 feet to the beginning of an 800.00 foot radius tangent curve concave to the northwest; northeasterly along said 800.00 foot radius curve through a central angle of 89°40'27" a distance of 1252.09 feet; North 00°56'38" East a distance of 444.65 feet; South 89°03 '22" East a distance of 613.11 feet to the beginning of a 2500.00 foot tangent curve concave to the northwest; continuing easterly along said 2500.00 foot radius curve through a central angle of 00°09'29" a distance of 6.90 feet to a point on the north/south mid-section line of Section 23; South 00°56'38" West along said north/south mid-section line of Section 23 a distance of 1631.90 feet to the POINT OF BEGINNING. The above description of Area 14 is excepting Area 37 as described below and more particularly described as follows: Commencing at the southwest comer of Section 23, Township 30 South, Range 26 East, M.D.M.; South 89°22'55" East along the south line of said Section 23 a distance of 1161.43 feet; departing from said south line of Section 23 North 00°37'05" East a distance of 708.44 feet to the POINT OF BEGINNING of this description; continuing along last said line North 00°37'05" East a distance of341.85 feet; South 89°22'55" East at a distance of 69.85 feet to the beginning of a 800.00 foot radius tangent curve concave to the northwest; continuing northeasterly along said 800.00 foot radius curve through a central angle of 17°28'09" a distance of243.91 feet; South 00°37'05" West a distance of378.75 feet; Page 25 of38 «. fòf>..KS-~ o ~ :>.. - I- ITJ - I""- <..) (:) ORIGINAL Thence Area 15 Thence Thence Thence Thence Thence Thence Thence Area 16 Thence Thence Thence North 89°22'55" West a distance of310.00 feet to the POINT OF BEGINNING. Area 14 is located in the southwest quarter of Section 23, Township 30 South, Range 26 East, M.D.M. and contains approximately 30.00 net acres. C-l PCD ZONES Commencing at the east quarter comer of Section 21, Township 30 South, Range 28 East, M.D.M.; North 84°28'26" West a distance of 1794.18 feet to the POINT OF BEGINNING; South 34°07'12" East a distance of 597.97 feet; South 00°00'00" West a distance of 366.62 feet; North 90°00'00" West a distance of245.00 feet; North 00°00'00" East a distance of291.43 feet; North 34°07'12" West a distance of 522.79 feet; North 55°52'48" East a distance of245.00 feet to the POINT OF BEGINNING and the end of the description of Area 15. Area 15 is located in the east half of said Section 21, Township 30 South. Range 26 East, M.D.M. and contains approximately 5.02 acres. Beginning at the southwest comer of Section 21, Township 30 South, Range 26 East, M.D.M.; North 89°25' 19" West along the south line of said Section 21 a distance of 1686.72 feet; North 00°34'41" East a distance of 530.92 feet; North 38°18'12" East a distance of 647.08 feet; Page 26 of38 «. fòAKS-1> o cP >- ~ I- rt¡ - l""- V <::> ORIGINAL Thence Thence Thence Thence Thence Thence Thence Area 17 Thence Thence Thence Thence South 89°12'11" East a distance of 1299.00 feet to a point on a 1500.00 foot radius non-tangent curve concave to the southeast, at which a radial line of said curve bears North 84°53'36" West; southwesterly along said 1500.00 foot radius curve through a central angle of 04°18'35" a distance of 112.83 feet to a point on the east line of said Section 21 ; South 00°4 7'49" West along said east line of Section 21 a distance of 925.08 feet to said southeast comer of Section 21 and also being the POINT OF BEGINNING ofthe description for Area 16. The above description of Area 16 is excepting Area 27 as described below and more particularly described as follows: Beginning at a point which bears North 52°56'15" West a distance of 1196.55 feet from the southeast comer of Section 21, Township 30 South, Range 26 East. M.D.M.; North 89°12'11" West a distance of 330.00 feet; North 00°47'49" East a distance of 330.00 feet; South 89°12'11" East a distance of330.00 feet; South 00°47'49" West a distance of330.00 feet to the POINT OF BEGINNING the description of Area 27. Area 16 is located in the southeast quarter of Section 21 and the southwest quarter of Section 22, Township 30 South, Range 26 East, M.D.M., and contains approximately 35.52 net acres. Beginning at the southwest comer of Section 22. Township 30 South, Range 26 East, M.D.M.; North 00°47'49" East along the west line of said Section 22 a distance of 925.08 feet; South 89°12' 11" East a distance of 624.46 feet; South 40°03'00" East a distance of 611.62 feet; South 89°36'56" East a distance of 1 027.70 feet; Page 27 of38 «. fòAKS-1> () ~ >- - \- ITJ - t- O (:) ORIGINAL Thence Thence Area 18 Thence Thence Thence Thence Thence Thence Thence Thence Thence South 00°23'04" West a distance of 455.02 feet to a point on the south line of said Section 22; North 89°36'56" West along said south line of Section 22 a distance of 2055.49 feet to the southwest comer of said Section 22 and also being the POINT OF BEGINNING for the description of Area 17. Area 17 is located in the southwest quarter of Section 22, Township 30 South, Range 26 East, M.D.M. and contains approximately 30.30 acres. Commencing at the southwest comer of Section 21, Township 30 South, Range 26 East, M.D.M.; South 89°25'29" East along the south line of Section 21 a distance of 900.04 feet; North 00°34'31" East a distance of 755.22 feet to the beginning of a 1400.00 foot radius tangent curve concave to the southeast; northeasterly along said 1400.00 foot radius curve through a central angle of 46°50'06" a distance of 1144.40 feet; North 47°24'37" East a distance of 3691.98 feet to the POINT OF BEGINNING; North 42°35'23" West a distance of 638.42 feet; North 47°24'37" East a distance of 860.75 feet to a point on a 2914.59 foot radius non-tangent curve concave to the northeast, at which a radial line of said curve bears South 12°09'04" West, said point also being on the southerly right-of-way line of the Southern Pacific Railroad; easterly along said 2914.59 foot radius curve and southerly railroad right- of-way line through a central angle of 08°51 '15" a distance of 450.40 feet; South 05°04' 54" East a distance of 547.19 feet to a point on a 1400.00 foot radius non-tangent curve concave to the southeast, at which a radial line of said curve bears North 16°34'08" West; westerly along said 1400.00 foot radius curve through a central angle of 26°01'15" a distance of635.81 feet; Page 28 of 38 f( ßAKS-1> © ~ *' - t= m '~ r- 9()~IGINAf> Thence Area 19 Thence Thence Thence Thence Area 20 Thence Thence Thence Thence South 47°24'37" West a distance of200.73 feet to the POINT OF BEGINNING for the description of Area 18. Area 18 is located in the northeast quarter of Section 21 and the southeast quarter of Section 16, Township 30 South, Range 26 East, M.D .M. and contains approximately 15.70 acres. Beginning at the south quarter corner of Section 23, Township 30 South, Range 26 East, M.D.M.; North 89°22'55" West along the south line of said Section 23 a distance of 1479.34 feet; North 00°37'05" East a distance of 708.44 feet; South 89°22'55" East a distance of 1483.07 feet to a point on the north/south mid-section line of said Section 23; South 00°56'38" West along said mid-section line of Section 23 a distance of 708.44 feet to said south quarter corner of Section 23 and the POINT OF BEGINNING; Area 19 is located in the southwest quarter of Section 23, Township 30 South, Range 26 East, M.D.M., and contains approximately 23.95 acres. Commencing at the north quarter corner of Section 23, Township 30 South, Range 26 East, M.D.M.; South 00°56'38" West along the north/south mid-section line of said Section 23 distance of 985.77 feet to the POINT OF BEGINNING; continuing South 00°56'38" West along said mid-section a distance of 506.14 feet; North 89°03'22" West a distance of 483.54 feet to a point on a 1200.00 foot radius non-tangent curve concave to the northwest, at which a radial line of said curve bears North 76°34'31" West; northeasterly along said 1200.00 foot radius curve through a central angle of 09°59'54" a distance of 209.40 feet; Page 29 of38 ._"o_.~.___'____.__. «. ~f>..KS--9 o ~ >- - I- rn - I""- o (:) ORIGINAL Thence Thence Thence Area 23 Thence Thence Thence Thence Area 21 Thence Thence North 03°25'35" East a distance of 300.00 feet to a 1000.00 foot radius non-tangent curve concave to the northeast, at which a radial line of said curve bears South 03°25'35" West; easterly along a 1000.00 radius curve through a central angle of 02°28'57" a distance of 43.33 feet; South 89°03'22" East a distance of 400.00 feet to the POINT OF BEGINNING of this description. Area 20 is located in the northwest quarter of Section 23, Township 30 South, Range 26 East. M.D.M., and contains 5.32 acres. Commencing at the southeast comer of Section 21, Township 30 South, Range 26 East, M.D.M.; North 89°25'19" West along the south line of said Section 21 a distance of 1686.72 feet to the POINT OF BEGINNING; continuing along said south line of Section 21 North 89°25'19" West a distance of 410.72 feet; North 38°18'12" East a distance of 671.25 feet; South 00°34'41" West a distance of 530.92 feet to the POINT OF BEGINNING. Area 23 is located in the southeast quarter of Section 21, Township 30 South, Range 26 East. M.D.M. and contains 2.50 acres. C-C/PCD-PE ZONE Beginning at the south quarter comer of Section 23, Township 30 South, Range 26 East, M.D.M.; North 00056'38"East along the north/south mid-section line of said Section 23 a distance 5282.38 feet to the north quarter comer of said Section 23; South 89°21 '54" East along the north line of said Section 23 a distance of 2639.35 feet to the northeast comer of said Section 23; Page 30 of38 «. fòf>..I(S-1> () cP >- ~ I- ITJ - I""- t.J <::> ORIGINAL Thence Thence Area 24 Thence Thence Thence Thence Thence Thence Area 25 Thence Thence South 00°55'33" West along the east line of said Section 23 a distance of 5280.65 feet to the southeast comer of said Section 23; North 89°24'08" West along the south line of said Section 23 a distance of 2641.03 feet to the south quarter comer of said Section 23 and also being the POINT OF BEGINNING of the description of Area 21. Area 21 is the east half of Section 23, Township 30 South, Range 26 East, M.D.M. and contains approximately 320.09 acres. Dl ZONES Commencing at the Southwest comer of Section 21, Township 30 South, Range 26 East, M.D.M.; North 00°44'50" East along the west line of said Section 21 a distance of 2664.23 feet to the west quarter comer of said Section 21; North 00°46'47" East along said west line of Section 21 a distance of 828.03 feet to the POINT OF BEGINNING; continuing along said west line of Section 21 North 00°46'47" East a distance of 330.00 feet; South 89°13'13" East a distance of330.00 feet; South 00°46'47" West a distance of330.00 feet; North 89°13'13" West a distance of330.00 feet to the POINT OF BEGINNING. Area 24 is located in the west half of Section 21, Township 30 South, Range 26 East, M.D.M., and contains 2.50 acres. Commencing at the east quarter comer of Section 22, Township 30 South, Range 26 East, M.D.M.; South 56°30'35" East a distance of 631.35 feet to the POINT OF BEGINNING; North 89°03'22" West a distance of330.00 feet; Page 31 of38 X fòÞ-.KS-1> o ~ >- - I- m _ l""- e> (:) ORIGINAL Thence Thence Thence Area 26 Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence South 00°56'38" West a distance of330.00 feet; North 89°03'22" West a distance of 330.00 feet; North 00°56'38" East a distance of 330.00 feet to the POINT OF BEGINNING. Area 2S is located in the southwest quarter ofSec~ion 21, Township 30 South, Range 26 East, M.D.M., and contains 2.50 acres. Commencing at the southwest comer of Section 21, Township 30 South, Range 26 East, M.D.M.; South 89°25'29" East along said south line of said Section 21 a distance of 900.04 feet; North 00°34'31" East a distance of 755.22 feet to the beginning of a 1400.00 foot radius tangent curve concave to the southeast; continuing northeasterly along said 1400.00 foot radius curve through a central angle of 46°50'06" a distance of 1144.40 feet; North 47°24'37" East a distance of 150.04 feet; South 42°35'23" East a distance of 581.23 feet to the POINT OF BEGINNING; South 89°25'29" East a distance of 244.34 feet; South 00°34'31" West a distance of 330.00 feet; North 89°25'29" West a distance of330.00 feet; North 00°34'31" East a distance of 330.00 feet; South 89°25'29" East a distance of 85.66 feet to the POINT OF BEGINNING. Area 26 is located in the south half of Section 21, Township 30 South, Range 26 East, M.D.M. and contains 2.50 acres. Page 32 of38 «. fòf>..KS--9 a ú> >- ~ I- ITJ -- r- Ù (:) ORIGINAL Area 27 Thence Thence Thence Thence Area 28 Thence Thence Thence Thence Thence Thence Thence Thence Beginning at a point which bears North 52°56'15" West a distance of 1196.55 feet from the southeast comer of Section 21, Township 30 South, Range 26 East. M.D.M.; North 89°12'11" West a distance of 330.00 feet; North 00°47'49" East a distance of330.00 feet; South 89°12'11" East a distance of 330.00 feet; South 00°47'49" West a distance of330.00 feet to the POINT OF BEGINNING. Area 27 is located in the southeast quarter of Section 21, Township 30 South, Range 26 East, M.D.M. and contains 2.50 acres. Commencing at the southwest comer of Section 21, Township 30 South, Range 26 East, M.D.M.; South 89°25'29" East along the south line of said Section 21 a distance of 900.04 feet; North 00°34'31" East a distance of 755.22 feet to the beginning of a 1400.00 foot radius tangent curve concave to the southeast; continuing northeasterly along said 1400.00 foot radius curve through a central angle of 46°50'06" a distance of 1144.40 feet; North 47°24'37" East a distance of 1900.01 feet to the POINT OF BEGINNING; North 42°35'23" West a distance of 330.00 feet; North 47°24'37" East a distance of330.00 feet; South 42°35'23" East a distance of 330.00 feet; South 47°24'37" West a distance of330.00 feet to the POINT OF BEGINNING. Area 28 is located in the north half of Section 21, Township 30 South, Range 26 East, M.D.M., and contains 2.50 acres. X fòto.kS-1>, C> ~ ;:.. - Page 33 of38 ~ f!} û <::> ORIGINAL .--- Area 29 Thence Thence Thence Thence Area 30 Thence Thence Thence Thence Thence Thence Beginning at a point which bears North 43°40'04" East a distance of 1166.88 feet from the southwest comer of Section 16, Township 30 South, Range 26 East. M.D.M.; North 01 °19'24" East a distance of330.00 feet; South 88°40'36" East a distance of330.00 feet; South 01 °19'24" West a distance of 330.00 feet; North 88°40'36" West a distance of330.00 feet to the POINT OF BEGINNING. Area 29 is located in the southwest quarter of Section 16, Township 30, South, Range 26 East, M.D.M. and contains 2.50 acres. Commencing at the east quarter comer ofSectÌon 21, Township 30 South, Range 26 East, M.D.M.; North 29°23'25" West a distance of935.22 feet to a 7000.00 foot radius non-tangent curve concave to the southwest at which a radial line of said curve bears North 48°35'25" East, said point also being the POINT OF BEGINNING of this description; northwesterly along said 7000.00 foot radius curve through a central angle of 01 °10'48" a distance of 144.15 feet; North 42°35'23" West a distance of 185.86 feet; North 47°24'37" East a distance of330.00 feet;. South 42°35'23" East a distance of330.00 feet; South 47°24'37" West a distance of 331.48 feet to the POINT OF BEGINNING. Area 30 is located in the northeast quarter of Section 21, Township 30 South, Range 26 East, M.D.M., and contains 2.50 acres. X 't>Ak~1> o - ~ I::: J!! Page 34 of38 °ORIGlNAf> Area 31 Thence Thence Thence Thence Area 32 Thence Thence Thence Thence Area 33 Thence Thence Thence Beginning at a point which bears North 34°41'49" East a distance of 2365.79 feet from the west quarter comer of Section 22, Township 30 South, Range 26 East, M.D.M.; North 09°31 '25" East a distance of 330.00 feet; South 80°28'35" East a distance of 330.00 feet; South 09°31 '25" West a distance of 330.00 feet; North 80°28'35" West a distance of330.00 feet to the POINT OF BEGINNING. Area 31 is located in the northwest quarter of Section 22, Township 30 South, Range 26 East, M.D.M. and contains 2.50 acres. Beginning at a point which bears North 21 °39'21" West a distance of 1917.71 feet from the east quarter comer of Section 22, Township 30 South, Range 26 East, M.D.M.; South 76°38'18" West a distance of330.00 feet; North 13°21'42" West a distance of330.00 feet; North 76°38'18" East a distance of 330.00 feet; South 13 °21'42" East a distance of 330.00 feet to the POINT OF BEGINNING. Area 32 is located in the northeast quarter of Section 22, Township 30 South, Range 26 East, M.D.M. and contains 2.50 acres. Beginning at a point which bears North 27°09'48" East a distance of 1924.49 feet from the west quarter comer of Section 23, Township 30 South, Range 26 East, M.D.M.; North 19°01'09" East a distance of 330.00 feet; South 70°52'51" East a distance of 330.00 feet; South 19°07'09" West a distance of 330.00 feet; Page 35 of38 "'....-.,-.., ..._"_.,'-------'-"'.-.__._..._~-- ~ fòAKS-1? a c.P >- .." f- ¡:¡:¡ Õ I""- ORIG/NAt> Thence Area 34 Thence Thence Thence Thence Area 35 Thence Thence Thence Thence Thence Thence North 70°52'51" West a distance of 330.00 feet to the POINT OF BEGINNING. Area 33 is located in the northwest quarter of Section 23, Township 30 South, Range 26 East, M.D.M. and contains 2.50 acres. Beginning at a point which bears North 86°48'29" East a distance of 2671.43 feet from the west quarter comer of Section 22, Township 30 South, Range 26 East, M.D.M.; North 00°00'00" West a distance of330.00 feet; North 90°00'00" East a distance of 330.00 feet; South 00°00'00" East a distance of 330.00 feet; South 90°00'00" West a distance of330.00 feet to the POINT OF BEGINNING. Area 34 is located near the center of Section 22, Township 30 South, Range 26 East, M.D.M. and contains 2.50 acres. Commencing at the south quarter comer of Section 22, Township 30 South, Range 26 East; M.D.M.; North 00°52'45" East a distance of764.98 feet to the intersection of a 2000.00 foot radius non-tangent curve concave to the northeast at which a radial line of said curve bears South 04°24' 49" West; northwesterly along said 2000.00 foot radius curve through a central angle of 45°31'18" a distance of 1589.01 feet at which a radial line of said curve bears South 49°56'07" West, said point also being the POINT OF BEGINNING of this description; continuing North 40°03'53" West a distance of 330.00 feet; North 49°56'07" East a distance of 330.00 feet; South 40°03' 53" East a distance of 330.00 feet; South 49°56'07" West a distance of 330.00 feet to the POINT OF BEGINNING. Page 36 of38 ~ 'òf>..KS-1> C) <.P >- -'f\ t- rn - I""- a <::> ORIGINAL Area 36 Thence Thence Thence Thence Thence Thence Area 37 Thence Thence Thence Area 35 is located in the southwest quarter of Section 22, Township 30 South, Range 26 East, M.D.M., and contains 2.50 acres. Commencing at the south quarter comer of Section 22, Township 30 South, Range 26 East, M.D.M.; North 00°52'45" East a distance of 764.98 feet to a 2000.00 foot radius non-tangent curve concave to the northeast at which a radial line of said curve bears South 04°24'49" West; northeasterly along said 2000.00 foot radius curve through a central angle of 30°00'17" a distance of 1047.37 feet at which a radial line of said curve bears South 25°35'28" East, said point also being the POINT OF BEGINNING of this description; continuing northeasterly along said 2000.00 foot radius curve through a central angle of 09°29'53" a distance of331.52 feet; South 25°35'28" East a distance of 346.86 feet; South 64°24'32" West a distance of 330.00 feet; North 25°35'28" West a distance of321.00 feet to the POINT OF BEGINNING. Area 36 is located in the southeast quarter of Section 22, Township 30 South, Range 26 East, M.D.M., and contains 2.50 acres. Commencing at the southwest comer of Section 23, Township 30 South, Range 26 East, M.D.M.; South 89°22'55" East along the south line of said Section 23 a distance of 1161.43 feet; departing from the south line of said Section 23 North 00°37'05" East a distance of 708.44 feet to the POINT OF BEGINNING ofthis description; continuing along last said line North 00°37'05" East a distance of341.85 feet; Page 37 of38 «. fòf>..K~1> o <.P >- ~ I- m - I""- ()0RIGINAt> Thence Thence Thence Thence Area 38 Thence Thence Thence Thence Thence South 89°22'55" East a distance of 69.85 feet to the beginning of a 800.00 foot radius tangent curve concave to the northwest; continuing northeasterly along said 800.00 foot radius curve through a central angle of 17°28'09" a distance of243.91 feet; South 00°37'05" West a distance of378.75 feet; North 89°22'55" West a distance of310.00 feet to the POINT OF BEGINNING. Area 37 is located in the southwest quarter of Section 23, Township 30 South, Range 26 East, M.D.M., and contains 2.50 acres. Commencing at the east quarter comer of Section 21, Township 30 South, Range 26 East, M.D.M.; North 40°25'45" West a distance of 3318.83 feet to a 1500.00 foot radius non-tangent curve concave to the southwest at which a radial line of said curve bears North 27°22'24" East, said point also being the POINT OF BEGINNING of this description; northwesterly along said 1500.00 foot radius curve through a central angle of 12°23'46" a distance of312.30 feet; departing from said 1500.00 foot radius curve North 15°26'46" East a distance of 356.50 feet; South 74°33'14" East a distance of 310.00 feet; South 15°26'46" West a distance of 388.88 feet to the POINT OF BEGINNING. Area 38 is located in the southeast quarter of Section 16 and the northeast quarter of Section 21, Township 30 South, Range 26 East, M.D.M., and contains 2.61 acres. Page 38 of38 « fòþ..KS--2 o ~ >- - I- ITJ .- t- e..::> <:> OAIQINAL NOTICE OF EXEMPTION TO: County Clerk County of Kern 1115 Truxtun Avenue Bakersfield, CA 93301 FROM: City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 State Clearinghouse P.O. Box 3044 Sacramento, CA 95812 Project Title: McAllister Ranch Zone Change 06-0321 Project Location -- Specific: Panama Lane to the south, South Allen Road to the east, Nord Avenue (unimproved) to the west, and Sunset Pacific Rail Line to the north Project Location -- City: City of Bakersfield, CA Project Location -- County: Kern Description of Project: Amendment to Section 17.06.020 (Zoning Map Nos. 122-16,21,22, 23) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from A- 20-A (Agriculture-20 Acre Minimum Lot Size) to a variety of City zoning designations which are comparable to approved County zoning designations within the approximately 2,080 acre McAllister Ranch project area, from A-20A (Agriculture-20 Acre Minimum Lot Size) to E (Estate - One Family Dwelling) on 143.09 acres; R-1(One Family Dwelling) on 988.82 acres; R-2 PUD (Limited Multiple Family Dwelling, Planned Unit Development) on 303.21 acres; to R-3 PUD (Limited Multiple Family Dwelling, Planned Unit Development) on 159.67 acres; G.1 PCD (Neighborhood Commercial, Planned Commercial Development) on 118.30 acres; C-C PCD PE (Commercial Centers, Planned Commercial Development and Petroleum Extraction Combining) on 320.10 acres; and DI (Drilling Island) on 37.61 acres. Name of Public Agency Approving Project: City of Bakersfield Name of Person or Agency Carrying Out Project: McAllister Ranch by SunCal Companies Exempt Status: Categorically Exempt, Special Circumstance, per Section 15182 and 15183 Reasons Why Project Is Exempt: Staff reviewed the project application and evidence in the record for the previously approved McAllister Ranch Specific Plan and Final Environmental Impact Report, and previously approved County documents related to numerous project approvals, including two Development Agreements, formation of the McAllister Ranch Irrigation District, financing and development tentative tract maps, and an Annexation Agreement between the City and property owner; and X fòAI(~1>. a Pursuant to CEQA and the Guidelines for the Implementation of CEQA; Section 15162, after a review of the proposed project and evidence in the record, staff ¡determined that the requested actions do not require the preparation of subsequent el)vironmental documentation based on the following: (a) As a result of the requested actions, no substantial changes are proposed in the project that will require major revisions to the McAllister Ranch Specific Plan Final Environmental Impact Report because of the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (b) As a result of the requested actions, no substantial changes will occur with respect to the circumstances under which the project will be undertaken that will require major revisions to the McAllister Ranch Specific Plan Final Environmental Impact Report because of the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (c) There is no new information of substantial importance that was not known or could not have been known at the time the McAllister Ranch Specific Plan Final Environmental Impact Report was certified, and no new significant effects as a result of the requested actions will occur that were not addressed in the McAllister Ranch Specific Plan Final Environmental Impact Report. Staff reviewed the proposed project and in light of the evidence in the record has made the determination that the project qualifies as a special situation and does not require preparation of further environmental documents pursuant to Sections 15182 and 15183 of the State CEQA Guidelines based on the following: (a) The requested actions initiate the implementation of a residential project addressed in the McAllister Ranch Specific Plan and previously analyzed in the McAllister Ranch Specific Plan Final Environmental Impact Report, and the requested actions are in substantial conformance with the Specific Plan; and (b) The requested actions do not require the preparation of subsequent environmental documentation as the conditions identified in Section 15162 do not occur. The Planning Commission of the City of Bakersfield in accordance with the provisions of City of Bakersfield CEQA Implementation Procedures, held a public hearing on Thursday, May 18, 2006 on the recommended Notice of Exemption; and considered the Notice of Exemption; and The environmental record prepared in conjunction with the project includes the following: 1. The McAllister Ranch Specific Plan and project-level Final Environmental Impact Report; 2. All staff reports, memoranda, maps, letters, minutes of meetings and other documents relating to the project, including previously approved project application requests by Kern County; 2 «. fòf>..KS--s> o ~ >- - t: ~ ù (:) ORIGINAL 3. The proceedings before the Planning Commissiç>n relating to the project and Notice of Exemption, including documenting evidence introduced at the public hearings; and The law and regulations relating to the preparation and adoption of a Notice of Exemption as set forth in CEQA and City of Bakersfield's CECA Implementation Procedures, have been duly followed by the City staff, Planning Commission and City Council; and The Notice of Exemption for ZC 06-0321 was based on the determination the project qualified as a special circumstance and does not require the preparation of further environmental documents pursuant to CEQA Guidelines Section 15182 and 15183. Contact Person: James D. Movius, City of Bakersfield Planning Director, (661) 326-3733. Date Received for Filing: ius, Planning Director July 20, 2006 Date of Hearing: July 19, 2006 3 ~~K~-sJ ~ ~ >- m \:;. r- c> ORIGINAE' 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 20th day of July ,2006 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4364. passed by the Bakersfield City Council at a meeting held on the 19th day of July. 2006 and entitled: AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NOS. 122-16,21, 22 & 23 BY CHANGING THE ZONING FROM A-20 A (AGRICULTURAL 20 ACRE MINIMUM LOT SIZE) TO E (ESTATE-ONE FAMILY DWELLING) ON 143.09 ACRES; R-1 (ONE FAMILY DWELLING) ON 988.82 ACRES; R-2 PUD (LIMITED MULTIPLE FAMILY DWELLING, PLANNED UNIT DEVELOPMENT) ON 303.21 ACRES; TO R-3 PUD (LIMITED MULTIPLE FAMILY DWELLING, PLANNED UNIT DEVELOPMENT) ON 159.67 ACRES; C-1 PCD (NEIGHBORHOOD COMMERCIAL, PLANNED COMMERCIAL DEVELOPMENT) ON 118.30 ACRES; C-C PCD PE (COMMERCIAL CENTERS, PLANNED COMMERCIAL DEVELOPMENT AND PETROLEUM EXTRACTION COMBINING) ON 320.10 ACRES; AND DI (DRILLING ISLAND) ON 37.61 ACRES LOCATED ALONG THE NORTH SIDE OF PANAMA LANE BETWEEN SOUTH ALLEN ROAD AND NORD AVENUE. (ZC 06-0321) PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield BY~ ~~ DEPUTY City lerk S:\DOCUMENT\FORMS\AOP .ORD.wpd <¢ME".-» « <S' o ..." >- m r- ,- <:) 'i\~~' ORIC,INh¡