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HomeMy WebLinkAboutRES NO 213-06 RESOLUTION NO. 213-=08 RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE DECLARATION AND APPROVING GENERAL PLAN LAND USE AND CIRCULATION AMENDMENT NO. 05-1377 FROM LR (LOW DENSITY RESIDENTIAL) ON 127.4 ACRES AND OS-S (OPEN SPACE-SLOPES) ON 2.7 ACRES TO LR ON 110.4 ACRES AND OS (OPEN SPACE) ON 19.7 ACRES GENERALLY LOCATED AT THE NORTHWEST CORNER OF MORNING DRIVE AND PALADINO DRIVE, ESTABLISHMENT OF SPECIFIC PLAN LINES FOR ON- AND OFF-SITE COLLECTORS, AND ASSOCIATED REVISIONS TO THE BIKEWAY MASTER PLAN; SPECIFIC PARKS AND TRAILS PLAN FOR NORTHEAST BAKERSFIELD AMENDMENT TO MAINTAIN CONSISTENCY WITH THE BIKEWAY MASTER PLAN. 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, June 12,2006, and on Thursday, June 15,2006, on General Plan Amendment No. 05-1377/Specific Parks and Trails Plan for Northeast Bakersfield Amendment, 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 Land Use and Circulation Amendment No. 05-1377/Specific Parks and Trails Plan for Northeast Bakersfield Amendment, is as follows: General Plan Amendment No. 05-1377/Specific Parks and Trails Plan for Northeast Bakersfield Amendment: Dunmore Communities for Malladi S. Reddy applied to amend the Land Use and Circulation Elements of the Metropolitan Bakersfield General Plan consisting of a change from LR (Low Density Residential) on 127.4 acres and OS-S (Open Space- Slopes) on 2.7 acres to LR on 110.4 acres and OS (Open Space) on 19.7 acres generally located at the northwest corner of Morning Drive and Paladino Drive, establishment of Specific Plan Lines for north-south and east-west Collectors which traverse the project site and to extend another north-south Collector to connect with the proposed east-west Collector, and revisions to the Bikeway Master Plan to designate Class 3 bike routes along the proposed Collectors; Specific Parks and Trails Plan for Northeast Bakersfield Amendment to maintain consistency with the Bikeway Master Plan; and WHEREAS, an Initial Study was conducted for General Plan Amendment No. 05-1377/Specific Parks and Trails Plan for Northeast Bakersfield Amendment 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 California Environmental Quality Act (CEQA); and WHEREAS, by Resolution No. 109-06 on June 15, 2006, the Planning Commission recommended approval and adoption of General Plan Amendment No. 05-1377/Specific Parks and Trails Plan for Northeast Bakersfield Amendment 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 'O~K~ J '9~ ).. - ~ g ORIGINAL 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, AUGUST 16, 2006, on General Plan Amendment No. 05-1377/Specific Parks and Trails Plan for Northeast Bakersfield Amendment, 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. 2. The Council has considered and concurs with the following findings made by the Planning Commission as set forth in Resolution NO.1 09-06, adopted on June 15, 2006: 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 amendment to the Land Use and Circulation Elements of the Metropolitan Bakersfield General Plan and the amendment to the Specific Parks and Trails Plan for Northeast Bakersfield. e. The land use designation change from LR (Low Density Residential) on 127.4 acres and OS-S (Open Space-Slopes) on 2.7 acres to LR on 110.4 acres and OS (Open Space) on 19.7 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 Lines and associated revisions to the Bikeway Master Plan are internally consistent with the Metropolitan Bakersfield General Plan. g. The revisions to the Specific Parks and Trails Plan for Northeast Bakersfield are consistent with the Metropolitan Bakersfield General Plan. h. 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. ~ ~~K€1> C) ~ ).... -- l- rn _ r- o ~ np!rl~AI NOW, THEREFORE, BE IT RESOLVED AND FOUND BY THE COUNCIL OF THE CITY OF BAKERSFIELD as follows: 1. The above recitals and findings incorporated herein are true and correct. 2. The Negative Declaration for General Plan Amendment No. 05-1377/Specific Parks and Trails Plan for Northeast Bakersfield Amendment 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. 4. The City Council hereby approves and adopts General Plan Amendment No. 05- 1377/Specific Parks and Trails Plan for Northeast Bakersfield Amendment, consisting of changes in land use designation from LR (Low Density Residential) on 127.4 acres and OS-S (Open Space-Slopes) on 2.7 acres to LRon 110.4acres and OS (Open Space) on 19.7 acres generally located at the northwest corner of Morning Drive and Paladino Drive, establishment of Specific Plan Lines for north-south and east-west Collectors which traverse the project site and to extend another north-south Collector to connect with the proposed east-west Collector, revision to the Bikeway Master Plan to designate Class 3 bike routes along the proposed Collectors, and amendment to the Specific Parks and Trails Plan for Northeast Bakersfield to maintain consistency with the Bikeway Master Plan, as shown on the attached maps in Exhibit "B" (Land Use Element Amendment Map), Exhibit "C" (Circulation Element Amendment Map), and Exhibit "D" (Bikeway Master Plan Amendment/Specific Parks and Trails Plan for Northeast Bakersfield Amendment Map), and on the "Specific Plan Line Legal Descriptions" in Exhibit "E", the Planning Commission hereby recommends to the City Council approval of said amendment to the Land Use and Circulation Elements of the Metropolitan Bakersfield General Plan and amendment to the Specific Parks and Trails Plan for Northeast Bakersfield, 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. 05-1377, 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. --_......()()()-------- 3 (. \bf\i(~<> <J '~ >- - l- /T1 _ r- o (:) O~Ir,INAI I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on AU G 1 6 2006 by the following vote: ~ NOES: ABSTAIN: ~ APPROVED ~~~ --.......-- --- COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER ~ a.rYle PAMELA A. McCARTHY, CMC CITY CLERK and Ex Officio Cle of the Council of the City of Bakersfield AUG 1 6 2006 HARVEY L. HALL MAYOR of the City of Bakersfiel APPROVED as to form: VIRGINIA GENNARO City Attorney By: ~~~ Exhibit A B C D E Mitigation/Conditions of Approval Land Use Element Amendment Map Circulation Element Amendment Map Bikeway Master Plan Amendment/Specific Parks and Trails Plan for Northeast Bakersfield Amendment Map Specific Plan Line Legal Descriptions PH - S:\GPA 2nd 2006\05-1377\Resolutions\CC GPA Resolution.doc 4 << 'OAkS'-'9 <:) ~ .:>- - I- m - r- o (:) OP1r1lllAl. Exhibit A Mitigation/Conditions of Approval ~ t(;AKt-9<fl -rI :"'"' _ m ,..... r- ) v ~-':'7:!~~ EXHIBIT A M itigation/Conditions of Approval General Plan Amendment/Zone Change No. 05.1377 MITIGATION MEASURES FROM NEGATIVE DECLARATION: Air Qualitv 1. 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: A. The criteria pollutant most affected by the proposed mitigation measures will be PM10. As the project is required to comply with SJVAPCD Regulation VIII, dust control measures will be taken to ensure compliance specifically during grading and construction phases. The following mitigation measures shall be implemented: . Water previously disturbed exposed surfaces (soil) a minimum of three times per day or whenever visible dust is capable of drifting from the site or approaches 20 percent opacity. . Water all haul roads (unpaved) a minimum of three times per day or whenever visible dust from such roads is capable of drifting from the site or approaches 20 percent opacity. . Reduce speed on unpaved roads to less than 15 miles per hour. . Install and maintain a trackout control device that meets the specifications of SJV APCD Rule 8041 if the site exceeds 150 vehicle trips per day or more than 20 vehicle trips per day by vehicles with three or more axles. . Stabilize all disturbed areas, including storage piles, which are not being actively utilized for construction purposes using water, chemical stabilizers or by covering with a tarp, other suitable cover or vegetative ground cover. . Control fugitive dust emissions during land clearing, grubbing, scraping, excavation, leveling, grading, or cut and fill operations with application of water or by presoaking. . When transporting materials offsite, maintain a freeboard limit of at least six inches and cover or effectively wet to limit visible dust emissions. . Limit and remove the accumulation of mud and/or dirt from adjacent public roadways at the end of each workday. (Use of dry rotary brushes is prohibited except when preceded or accompanied by sufficient wetting to limit visible dust emissions and use of blowers is expressly forbidden.) . Stabilize the surface of storage piles following the addition or removal of materials using water or chemical stabilizer/suppressants. . Remove visible trackout from the site at the end of each workday. . Cease grading activities during periods of high winds (greater than 20 mph over a one-hour period). ~- . " r.\ .'" it '.) I >, '(j~' .:~' '0' "(\ - m r- .> c::, "'!':"\\~ '4,I,A1 Exhibit A GPAlZC No. 05-1377 Mitigation/Conditions of Approval · Asphalt-concrete paving shall comply with SJV APCD Rule 4641 and restrict use of cutback, slow-cure and emulsified asphalt paving materials. · Grading should be conducted in phases. · Project site shall not be cleared of existing vegetation cover until required by construction. · The project developer shall revegetate graded areas as soon as it is feasible atter construction is completed. B. The GAMAQI guidance document lists the following measures as approved and recommended for construction activities. These measures will be required to ensure that the proposed project emissions are not exceeded: · Maintain all construction equipment as recommended by manufacturer manuals. · Shut down equipment when not in use for extended periods of time. · Construction equipment shall operate no longer than eight cumulative hours per day. · Use electric equipment for construction whenever possible in lieu of diesel or gasolil1e powered equipment. · Curtail use of high-emitting construction equipment during periods of high or excessive ambient pollutant concentrations such as "Spare-the-Air" days as declared by the SJVAPCD. · All Construction vehicles shall be equipped with proper emission control equipment and kept in good and proper running order to substantially reduce NOx emissions. · On-Road and Off-Road diesel equipment shall use aqueous diesel fuel if permitted under manufacturer's guidelines. · On-Road and Off-Road diesel equipment shall use diesel particulate filters if permitted under manufacturer's guidelines. · On-Road and Off-Road diesel equipment shall use cooled exhaust gas recirculation (EGR) if permitted under manufacturer's guidelines. · Use of Caterpillar pre-chamber diesel engines or equivalent shall be utilized if economic and available to reduce NOx emissions. · All construction workers shall be encouraged to shuttle (car-pool) to retail establishments or to remain on-site during lunch breaks. · All construction activities within the project area shall be discontinued during the first stage of smog alerts. · Construction and grading activities shall not be allowed during first stage ozone alerts. First stage ozone alerts are declared when the ozone level Page 2 of 8 ~ fQAK~?- C) <I ~ :! to- n - f' o t- "QI~I~A' Exhibit A GPAlZC No. 05-1377 Mitigation/Conditions of Approval exceeds 0.20 ppm (1-hour average). C. The following mitigation measures are required to further reduce the potential for long term emissions from the completed project: · The project design shall comply with standards set forth in Title 24 of the Uniform Building Code to minimize total consumption of energy. · Applicants shall be required to comply with applicable mitigation measure in the Air Quality Attainment Plan, District Rules, Traffic Control Measures, Regulation VIII and Indirect Source Rules for the SJVAPCD. · The developer shall petition the Golden Empire Transit District (GET) to conduct a service study to determine if the project site warrants being annexed into the GET operational system. · If the GET service study indicates that the development qualifies for addition to the GET system, specific bus turnouts and shelters shall be located at appropriate locations to serve commercial and residential sites within the project area in consultation with the Golden Empire Transit District. The bus turnouts and shelters shall be planned by developers in the project area and local transportation coordinating entities to encourage the efficient and practical use of public transit entities servicing the project area. · The developer shall comply with the provisions of SJV APCD Rule 4601 - Architectural Coatings, during the construction of all buildings and facilities. Application of architectural coatings shall be completed in a manner that poses the least emissions impacts whenever such application is deemed proficient. · The developer shall comply with the provisions of SJV APCD Rule 4641 during the construction and pavement of all roads and parking areas with the project area. Specifically, the developer shall not allow the use of: - Rapid cure cutback asphalt; - Medium cure cutback asphalt; - Slow cure cutback asphalt (as specified in SJVAPCD Rule 4641, Section 5.1.3); or - Emulsified asphalt (as specified in SJVAPCD Rule 4641, Section 5.1.4 ) Mitigation for potentially significant air quality impacts. Page 3 of 8 5c; ~AK~~ (:> ~ ~ f'.' 1'('1" ", "iT - ,.. ~ t- t'\QIt:!I~AI Exhibit A GPAlZC No. 05-1377 Mitigation/Conditions of Approval Biological Resources 2. Although no evidence of the kit fox was found on the project site, since they are known to exist in the general area all construction personnel be trained in sensitive species identification and avoidance techniques and be instructed to be on the lookout for kit fox sign during earth disturbance phases of construction. Any evidence, such as dens, shall be avoided and reported to the reviewing agencies for resolution. Mitigation for potentially significant biological resource impacts. 3. A preconstruction clearance survey be conducted within 30 days of initial ground disturbance in accordance with the provisions of the MBHCP. Any identified kit fox dens shall be monitored, excavated, and backfilled in accordance with the recommendations of the MBHCP, CDFG, and USFWS. Mitigation for potentially significant biological resource impacts. 4. Within 30 days of initial ground disturbance, the applicant shall conduct California Department of Fish and Game protocol level Blunt-Nosed Leopard Lizard (BNLL) surveys to determine if BNLL are present on the project site. Any evidence shall be reported to the reviewing agencies for resolution. Mitigation for potentially significant biological resource impacts. Cultural Resources: 5. If archaeological resources are encountered during the course of construction, a qualified archaeologist shall be consulted for further evaluation. Mitigation for potentially significant cultural resource impacts. 6. 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. Mitigation for potentially significant cultural resource impacts. Hazards and Hazardous Materials 7. With the submittal of any tentative subdivision map application for areas containing, or which formerly contained, oilfield equipment and facilities, the applicant shall submit a Page 4 of 8 ~ ~AK~-'9 <) ~ ~" I ~.l:}'!~' ......iT -' ,.. ':J <:::- "Q,r.,,,w Exhibit A GPAlZC No. 05-1377 Mitigation/Conditions of Approval 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). Mitigation for potentially significant hazards and hazardous materials impacts. ADDITIONAL CONDITIONS OF APPROVAL: Public Works: 8. Along with the submittal of any development plan, prior to approval of improvement plans, or with the application for a lot line adjustment or parcel merger, the following shall occur: a. Provide fully executed dedication for Paladino Road and Morning Drive to arterial for the full frontage of the area within the GPAlZC 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. For storm drainage, 2 sumps will be allowed to serve the entire GPAlZC area. Both sumps must be located on the periphery of the GPAlZC area so that additional area may be served. The City's policy is no more than one sump per 80 acres of residential development. The developer shall cooperate in the formation of a Planned Drainage Area over the south half of the section. c. Sewer service must be provided to the GPAlZC area. The developer shall be responsible for the initial extension of the sewer line to serve the property. This sewer line must necessarily be sized to serve a much larger area that the project area. The City is willing to aid the developer in the formation of a Planned Sewer Area and/or an Assessment District to provide a mechanism for the reimbursement of oversizing costs to the developer. 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 Page 5 of 8 l. 'OAK~~ 0' U' "'f ~ I,r,~i' f\ '"iT - j. ,.. , r c::- "'o'~'~Ar Exhibit A GPAlZC No. 05-1377 Mitigation/Conditions of Approval 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. For orderly development. 9. The entire area covered by this GPAlZC 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 GPAlZC area. For orderly development. 10. Payment of median fees for the arterial frontage of the property within the GPAlZC request is required prior to recordation of any map or approval of any improvement plan for the GPAlZC area. For orderly development. 11. Access to the project area from Paladino Drive is provided by a sub-standard road. With the development of the project area, approved, improved access to the site must be provided. The required improvements shall be 32 feet of paving meeting City design standards for a collector road, with 8-foot graded shoulders. If it becomes necessary to obtain any off site right of way and if the developer is unable to obtain the required right of way, then he shall pay to the City the up-front costs for eminent domain proceedings and enter into an agreement and post security for the purchase and improvement of said right of way. For orderly development. 12. The subdivision design shall provide access to APN number 386-040-05, immediately to the east. The proposed Circulation element amendment will make the portion north of Morning Drive extremely difficult to access. For orderly development. 13. The development shall be subject to all previous requirements and shall be required to pay into the adopted Regional Traffic Impact Fee program. The fee program improvements mitigate impacts of the existing densities. For orderly development. 14. The applicant shall aid in the formation of a major bridge and thoroughfare district for the construction of collectors and arterials within the GPAlZC area and all proposed specific plan lines within the area and also Morning Drive to Alfred Harrell Highway. For orderly development. Page 6 of 8 ~ roAK~'9 C) ~ ;:... ',II" ",- r- 1'1 . rr - ,.. ':J c:=- "Q'r.:I~A , Exhibit A GPAlZC No. 05-1377 Mitigation/Conditions of Approval 15. Secondary emergency access shall be provided along Morning Drive from Paladino Drive, north to the first collector from the tract. For orderly development. Paleontological Resources: 16. If paleontological resources are encountered during construction, a qualified paleontologist shall be retained by the developer to evaluate the significance of the resources and formulate a mitigation program if necessary. The paleontologist shall coordinate with the City of Bakersfield Planning Department. Mitigation for potentially significant paleontological resource impacts. Contour Grading: 17. With submission of any tentative tract map which includes a natural open space area or which is adjacent to any natural open space area, grading plans shall be submitted which demonstrate compliance with this condition to the satisfaction of the Building Director. All manufactured cut and fill slopes adjacent to natural open space areas which are exposed to any public view shall be contour graded, generally in accordance with Diagrams 1 through 4 in Chapter 17.66 of the Bakersfield Zoning Ordinance, so that their ultimate appearance will resemble a natural slope. Mitigation for potentially significant aesthetic impacts. Open Space Maintenance: 18. Areas left in natural open space shall be maintained by a homeowners association or other appropriate entity approved by the City. For orderly development. 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 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. Page 7 of 8 ~ fQ~K~-'9 C> ~ ~ r..;,~~' ...... to- !,' I', . 'r7 -0 . @ "QI~''''/I' Exhibit A GPAlZC No. 05-1377 Mitigation/Conditions of Approval 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 X fQ!\KS'-'9 () ~ ;.... - t- m - t- o... - "......... to(:) ORl()f~Al Exhibit B Land Use Element Amendment Map X fQf\K~-'9 () ~ >.. - m '=- fIo,.., ,r '::J _' w~,..__() "Cl~'~AI i ! : I : I : i ~ ! I ou. : 0 I Q) J ! 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"- >z.... ,,!_OJ() ZlrSlorrrr.po..,\ fQ~/(~~ ~ (Jl "11 m " <::> "RIr,r~Ar ROAD A MAJOR COLLECTOR CONNECTION TO MORNING DRIVE A 90 FOOT RIGHT-OF-WAY LYING 45 FEET ON BOTH SIDES OF THE FOLLOWING DESCRIBED CENTERLINE, BEING A PORTION OF SECTION 12, TOWNSHIP 29 SOUTH, RANGE 28 EAST, AND SECTION 7, TOWNSHIP 29 SOUTH, RANGE 29 EAST, M.D.M., BEING AN EASTERLY AND SOUTHERLY EXTENSION OF A MAJOR COLLECTOR LOCATED IN SECTION 7, TOWNSHIP 29 SOUTH, RANGE 29 EAST M.D.M. AT MORNING DRIVE: COMMENCING AT THE NORTHWEST ONE QUARTER, OF THE NORTH EAST ONE QUARTER, OF SECTION 12, THENCE COINCIDENT WITH THE CENTER OF SECTION LINE A SINGLE COURSE OF SOUTH 00 Q32' 47" WEST 1321.82 FEET TO THE POINT OF BEGINNING OF ROAD A; THENCE FROM THE POINT OF BEGINNING SOUTH 89Q 47' 55" EAST 1850.65 FEET TO A POINT HEREAFTER REFERRED TO AS "POINT A": THENCE CONTINUING ALONG SAID CENTERLINE FROM POINT A SOUTH 89Q 47' 55" EAST 585.05 FEET; THENCE SOUTHEASTERLY 727.76 FEET ALONG THE ARC OF A 1000 FOOT RADIUS CURVE CONCAVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 41Q 41' 51" TO THE END OF CURVE WHOSE RADIAL BEARS NORTH 41Q 53' 56" EAST THEREFROM; THENCE SOUTH 48Q 06' 04" EAST 867.15 FEET; THENCE SOUTHEASTERLY 731.27 FEET ALONG THE ARC OF A 1000 FOOT RADIUS CURVE CONCAVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 41 Q 53' 56" TO THE END OF CURVE WHOSE RADIAL BEARS SOUTH OOQ 00' 00" EAST THEREFROM; THENCE NORTH OOQ 00' 00" EAST 324.70 FEET; THENCE SOUTHEASTERLY 526.05 FEET ALONG THE ARC OF A 1000 FOOT RADIUS CURVE CONCAVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 30Q 08' 26" TO THE END OF CURVE WHOSE RADIAL BEARS NORTH 30Q 08' 26" EAST THEREFROM; THENCE SOUTH 59Q 51' 34" EAST 1165.09 FEET TO A POINT ON THE CENTERLINE OF MORNING DRIVE AT STATION 575+64.55 AS SHOWN ON THE "MORNING DRIVE-PALADINO DRIVE SPECIFIC PLAN PROPOSED ALIGNMENT" DATED SEPT 28, 1990, BEING THE POINT OF TERMINATION. End of Description SEE THE ATTACHED EXHIBIT TITLED "NE BAKERSFIELD SP LINE PROPOSED ALIGNMENT. P:\Projects\333349\31 Z\Reports\ROAD DEEDS A & B\ROAD A. doc ~ ?>AK~~ o '<P .).. "'" t- - - ~ o I')~I~'NAI<:::> ROAD B MAJOR COLLECTOR CONNECTION TO MORNING DRIVE A 90 FOOT RIGHT-OF-WAY LYING 45 FEET ON BOTH SIDES OF THE FOLLOWING DESCRIBED CENTERLINE, BEING A PORTION OF SECTION 12, TOWNSHIP 29 SOUTH. RANGE 28 EAST, AND SECTION 7, TOWNSHIP 29 SOUTH, RANGE 29 EAST. M.D.M., BEING AN EASTERLY AND SOUTHERLY EXTENSION OF A MAJOR COLLECTOR LOCATED IN OF SECTION 7, TOWNSHIP 29 SOUTH, RANGE 29 EAST M.D.M. AT MORNING DRIVE: BEGINNING AT A POINT CALLED "POINT A", AS DESCRIBED IN THE DESCRIPTION OF "ROAD A" AND LOCATED ON THE CENTERLINE OF ROAD A, THENCE SOUTH OOQ 00' 00" EAST 319.48 FEET; THENCE SOUTHEASTERLY 359.32 FEET ALONG THE ARC OF A 1000 FOOT RADIUS CURVE CONCAVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 20Q 35' 15" TO THE END OF CURVE WHOSE RADIAL BEARS SOUTH 69Q 24' 45" WEST THEREFROM; THENCE SOUTH 20Q 35' 15" EAST 386.28 FEET; THENCE SOUTHWESTERLY 405.19 FEET ALONG THE ARC OF AN 1150 FOOT RADIUS CURVE CONCAVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 20Q 11' 16" TO THE END OF CURVE WHOSE RADIAL BEARS NORTH 89Q 36' 01" EAST THEREFROM; THENCE SOUTH OOQ 23' 59" EAST 461.94 FEET; THENCE SOUTHEASTERLY 953.92 FEET ALONG THE ARC OF AN 1150 FOOT RADIUS CURVE CONCAVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 47Q 31' 35" TO THE END OF CURVE WHOSE RADIAL BEARS NORTH 42Q 04' 26" EAST THEREFROM; THENCE SOUTH 47Q 55' 34" EAST 696.30 FEET TO A POINT ON THE CENTERLINE OF MORNING DRIVE AT STATION 538+74.91 AS SHOWN ON THE "MORNING DRIVE-PALADINO DRIVE SPECIFIC PLAN PROPOSED ALIGNMENT" DATED SEPT 28,1990, BEING THE POINT OF TERMINATION. End of Description SEE THE ATTACHED EXHIBIT TITLED "NE BAKERSFIELD SP LINE PROPOSED ALIGNMENT. P:\Projects\333349J1Z\Reports\ROAD DEEDS A & IAROAD B.doc ~ ~A/(~~ o (p ).. "1'\ ~ J!: <:J I'"\QI~'''' Me::>