The URL can be used to link to this page

Home My WebLink AboutRES NO 094-12RESOLUTION NO. 494, 12 RESOLUTION OF THE BAKERSFIELD CITY COUNCIL ADOPTING A NEGATIVE DECLARATION AND APPROVING AN AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN FROM SR (SUBURBAN RESIDENTIAL) TO GC (GENERAL COMMERCIAL) ON APPROXIMATELY 18.15 ACRES LOCATED ALONG THE NORTH SIDE OF SNOW ROAD, APPROXIMATELY 800 FEET EAST OF JEWETTA AVENUE. (GPA /ZC NO. 12- 0124). WHEREAS, Jim Marino for Todd Sweaney, filed an application with the City of Bakersfield Planning Department requesting an amendment to the land use designation of the Metropolitan Bakersfield General Plan from SR (Suburban Residential) to GC (General Commercial) on approximately 18.15 acres located along the north side of Snow Road, approximately 800 feet east of Jewetta Avenue (the "Project "), and WHEREAS, the Planning Commission held a public hearing on Thursday, June 21, 2012, and approved Resolution No. 19 -12, which recommended that the City Council adopt a Negative Declaration and approve the Project; and WHEREAS, the Clerk of the City Council set Wednesday, August 15, 2012 at 5:15 p.m, in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a public hearing before the City Council to consider the proposed Negative Declaration and approval of the amendment as required by Government Code Section 65355, and notice of the public hearing was given in the manner provided in Title 17 of the Bakersfield Municipal Code; and WHEREAS, during the hearing, the City Council considered all facts, testimony, and evidence concerning the proposed negative declaration and amendment, including the staff report, initial study, special studies (if any), deliberation, and action by the Planning Commission. NOW, THEREFORE, BE IT RESOLVED by the Bakersfield City Council as follows: The Planning Commission's findings as contained in its Resolution No. 19 -12 are hereby adopted, 2. The Negative Declaration is hereby adopted. 3. The land use designation amendment to the Land Use Element of the Metropolitan Bakersfield General Plan is hereby approved subject to the mitigation measures /conditions of approval in Exhibit A and as shown on the map in Exhibit B. Ell The Project approved herein is hereby made part of the 3rd amendment to the Land Use Element of the Metropolitan Bakersfield General Plan for calendar year 2012 in accordance with Government Code Section 65358 (b), v ORIGINAL: --- - - - - -- 000-- - - - - -- Page 1 of 2 HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting held on AUG 15 2012 by the following vote: A ES, ABSTAI N ABSENT: COUNCILMEMBER SALAS bLNHAIVI Wt IN, �UUS r7 nruvaUly JULLIV/11V JVI II N-14 COUNCILMEMBER n� COUNCILMEMBER COUNCILMEMBER in QY-9, APPROVED AUG 1 5 2012 HARVEY L. HALL MAYOR of the City of Bakersfi APPROVED as to form: VIRi City Deputy City Attorney C ROBERTA GAFFORD, CM CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield Exhibits: A Mitigation Measures /Conditions of Approval B General Plan Amendment Map dl \ S: \ GPAS \ G PA 2nd 2012 \12 -0124_ PDR 12- 0145 \Ord Res \CC Resolution GPA.doc P, KF99 � m Page 2 of 2 o ORIGINAL EXHIBIT A MITIGATION MEASURES & CONDITIONS OF APPROVAL i-- m U � ORIGINAL EXHIBIT A MITIGATION MEASURES & CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT /ZONE CHANGE NO. 12 -0124 Air Quality and Green House Gas Mitigation Measures Prior to grading plan approval, the applicant /developer of the project site shall submit documentation to the Planning Department that they will /have met all air quality control measures required by the San Joaquin Valley Air Pollution Control District. Mitigation for potential Air Quality and GHG impacts. Biological Impact Mitigation Measures 2. Prior to ground disturbance, the developer shall have a qualified consultant survey the location for burrowing owl, and comply with the provisions of the Migratory Bird Treaty Act (MBTA) of 1918 (16 U.S.C. 703 -711). Survey protocol shall be that recommended by the State Department of Fish and Game. Developer shall be subject to the mitigation measures recommended by the consultant. A copy of the survey shall be provided to the Planning Department prior to ground disturbance. The burrowing owl is a migratory bird species protected by international treaty under the Migratory Bird Treaty Act (MBTA) of 1918 (16 U. S. C. 703-711). The MBTA makes it unlawful to take, possess, buy, sell, purchase, or barter any migratory bird listed in 50 C.F.R. Part 10, including feathers or other parts, nests, eggs or products, except as allowed by implementing regulations (50 C.F.R. 21). Sections 3503, 3503.5, and 3800 of the California Department of Fish and Game Code prohibit the take, possession, or destruction of birds, their nests or eggs. To avoid violation of the take provisions of these laws generally requires that project - related disturbance at active nesting territories be reduced or eliminated during critical phases of the nesting cycle (March 1 - August 15, annually). Disturbance that causes nest abandonment and /or loss of reproductive effort (e.g., killing or abandonment of eggs or young) may be considered "taking" and is potentially punishable by fines and /or imprisonment. Mitigation for biological impacts 3. Prior to ground disturbance, the developer shall have a qualified consultant survey the location for kit fox, and comply with the provisions of the Metropolitan Bakersfield Habitat Conservation Plan. Survey protocol shall be that recommended by the State Department of Fish and Game. Developer shall be subject to the mitigation measures recommended by the consultant. A copy of the survey shall be provided to the Planning Department prior to ground disturbance. The current MBHCP expires in year 2014. Projects may be issued an urban development permit, grading plan approval, or building permit and pay fees prior to the 2014 expiration date under the current MBHCP. As determined by the City of Bakersfield, only projects ready to be issued an urban development permit, grading plan approval or building permit before the 2014 expiration date will be eligible to pay fees under the current MBHCP. Early payment or pre - payment of MBHCP fees shall not be allowed. The ability of the City to issue urban development permits is governed by the terms of t _qcsAKF9 MBHCP. Urban development permits issued after the 2014 expiration date may -Be m r U p ORIGINAL Exhibit A Mitigation Measures & Conditions of Approval GPA /ZC 12 -0124 Page 2 subject to a new or revised Habitat Conservation Plan, if approved, or be required to comply directly with requests of the U.S. Fish and Wildlife Agency and the California Fish and Game Department. Mitigation for biological impacts Cultural Impact Mitigation Measures 4. If human remains are discovered during grading or construction activities, work would cease pursuant to Section 7050.5 of the California Health and Safety Code. If human remains are identified on the site at any time, work shall stop at the location of the find and the Kern County Coroner shall be notified immediately (Section 7050.5 of the California Health and Safety Code and Section 5097.98 of the California Public Resource Code which details the appropriate actions necessary for addressing the remains) and the local Native American community shall be notified immediately. Mitigation for cultural impacts 5. Prior to ground- disturbance activities associated with this project, personnel associates with the grading effort shall be informed of the importance of the potential cultural and archaeological resources (i.e. archaeological sites, artifacts, features, burials, etc.) that may be encountered during site preparation activities, how to identify those resources in the field, and of the regulatory protections afforded to those resources. The personnel shall be informed of procedures relating to the discovery of archaeological remains during grading activities and cautioned to avoid archaeological finds with equipment and not collect artifacts. The applicant /developer of the project site shall submit documentation to the Planning Department that they have met this requirement prior to commencement of ground- disturbance activities. This documentation should include information on the date(s) of training activities, the individual(s) that conducted the training, a description of the training, and a list of names of those who were trained. Should cultural remains be uncovered, the on -site supervisor shall immediately notify a qualified archaeologist. Mitigation for cultural impacts Public Works 6. 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 Snow Road to arterial standards within the Calloway Canal right of way. Dedication to include sufficient width for the existing bridge structure. 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 GPA /ZC area is submitted, dedication can be provided with the map. For orderly development b. Submit a comprehensive drainage study to be reviewed and approved by the City Engineer. No more than 1 sump may be utilized to serve this area; this surr�gAKF9�, should be located so that it may be available to serve adjacent areas as they m V r O ORIGINAL Exhibit A Mitigation Measures & Conditions of Approval GPA /ZC 12 -0124 Page 3 develop. The study shall be approved and any required retention site and necessary easements dedicated to the City. If the sump is not located to serve adjacent areas the sump is to be privately maintained. C. The GPA /ZC area is within the North of the River Sanitary District No. 1. Sewer service in this area must conform to the NORDS's adopted Sewer Study, and construction of sewer lines shall be per NORSD's requirements. All trench backfill and paving within the public right of way shall require an Open Street Permit and be per the City of Bakersfield. d. The developer is responsible for the construction of all infrastructure, both public and private, within the boundary of the GPA /ZC area. This includes the construction of any and all boundary streets to the centerline of the street, unless otherwise specified. The developer is also responsible for the construction of any off site infrastructure required to support this development, as identified in these conditions. The phasing of the construction and infrastructure will be addressed at the subdivision map or Site Plan Review stage. Isaak Lane, which is on the eastern boundary of the GPA /ZC, is not within the City Limits. Therefore the city is not requiring any improvements to be constructed. For orderly development 7. The entire area covered by this General Plan Amendment shall be included in the Consolidated Maintenance District. The applicant shall pay all fees for inclusion in the Consolidated Maintenance District with submittal of any development plan, tentative subdivision map, Site Plan Review, or application for a lot line adjustment for any portion of this GPA /ZC area. For orderly development 8. Payment of the proportionate share of the cost of the median and /or landscaping for the arterial frontage of the property within the GPA /ZC request is required prior to recordation of any map, approval of any improvement plan, or issuance of a building permit for the GPA /ZC area. Mitigation for traffic impacts 9. Prior to the issuance of building permits, the project applicant shall participate in the RTIF program by paying the adopted commercial and residential unit fees in place for the various land use types at time of development. Mitigation for traffic impacts City Attorney: 10. 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 Q16AKF9 them, before administrative or judicial tribunals of any kind whatsoever, in any way arisjffg s; from, the terms and provisions of this application, including without limitation any CEOA r CD ORIGINAL Exhibit A Mitigation Measures & Conditions of Approval GPA /ZC 12 -0124 Page 4 approval or any related development approvals or conditions whether imposed by the City, or not, except for City's sole active negligence or willful misconduct. This indemnification condition does not prevent the Applicant from challenging any decision by the City related to this project and the obligations of this condition apply regardless of whether any other permits or entitlements are issued. The City will promptly notify Applicant of any such claim, action or proceeding, falling under this condition within thirty (30) days of actually receiving such claim. The City, in its sole discretion, shall be allowed to choose the attorney or outside law firm to defend the City at the sole cost and expense of the Applicant and the City is not obligated to use any law firm or attorney chosen by another entity or party. A, K,,%, f- m U p ORIGINAL EXHIBIT B GENERAL PLAN AMENDMENT MAP m U O ORIGINAL rW Z3 Q: F,LLINGTON DR_ a: -i No sllv:j islN ji > : R>c L<L LU 3AVV.Li3M3r L--Joxo AK OPIOIN141 04 LL O Q: F,LLINGTON DR_ a: -i No sllv:j islN ji > : R>c L<L LU 3AVV.Li3M3r L--Joxo AK OPIOIN141 [ *J 71.`T_l.`Ce41`.0 *J AN ORDINANCE OF THE BAKERSFIELD CITY COUNCIL ADOPTING A NEGATIVE DECLARATION AND APPROVING AN AMENDMENT TO TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE TO CHANGE THE ZONE DISTRICT FROM E (ESTATE) TO C- 2/PCD (REGIONAL COMMERCIAL /PLANNED COMMERCIAL DEVELOPMENT) ON APPROXIMATELY 18.15 ACRES LOCATED ALONG THE NORTH SIDE OF SNOW ROAD APPROXIMATELY 800 FEET EAST OF JEWETTA AVENUE (GPA /ZC NO. 12- 0124). WHEREAS, Jim Marino for Todd Sweaney, filed an application with the City of Bakersfield Planning Department requesting to change the zone district from E (Estate) to C -2 /PCD (Regional Commercial /Planned Commercial Development) on approximately 18.15 acres located along the north side of Snow Road,-,, approximately 800 feet east of Jewetta Avenue (the "Project "); and WHEREAS, the Planning Commission held a public hearing on Thursday, June 21, 2012, and approved Resolution No. 20 -12, which recommended that the City Council adopt a Negative Declaration and approve the Project; and WHEREAS, the City Council considered all facts, testimony, and evidence concerning the Project, including the staff report, initial study, special studies (if any), deliberation, and action by the Planning Commission; and WHEREAS, the Project is consistent with the Metropolitan Bakersfield General Plan. SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Bakersfield City Council as follows: 1. The Planning Commission's findings as contained in its Resolution No. 20 -12 are hereby adopted. 2. The Negative Declaration is hereby adopted. 3. The change to the zone district is hereby approved subject to the mitigation measures /conditions of approval in Exhibit A, and incorporating the change into the official zoning map as described in Bakersfield Municipal Code Section 17.06.020 as shown in Exhibit B and as specifically described in Exhibit C. SECTION 2. This ordinance must be posted in accordance with the Bakersfield Municipal Code and will become effective not less than 30 days from and after the date of its gAKF,9� s passage. 000--- - - - - -- -1 - v o ORIGINAL HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting held on by the following vote: AYES: COUNCILMEMBER SALAS BENHAM WEIR COUCH HANSON SULLIVAN JOHNSON NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER ROBERTA GAFFORD, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney By: ANDREW HEGLUND Deputy City Attorney Exhibits: A Mitigation Measures /Conditions of Approval B Zone Change Map C Legal Description DI /S: \GPAs \GPA 2nd 2012\ 12 -0124_ PDR 12- 0145 \Ord Res \CC ZC Ordinance,doc s � Rt U d -2 _ ORIGINAL Exhibit A Mitigation Mreasures & Conditions of Approval AK, 9q s v o ORIGINAL EXHIBIT A MITIGATION MEASURES & CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT /ZONE CHANGE NO. 12 -0124 Air Quality and Green House Gas Mitigation Measures Prior to grading plan approval, the applicant /developer of the project site shall submit documentation to the Planning Department that they will /have met all air quality control measures required by the San Joaquin Valley Air Pollution Control District. Mitigation for potential Air Quality and GHG impacts. Bioloaical Impact Mitiaation Measures 2. Prior to ground disturbance, the developer shall have a qualified consultant survey the location for burrowing owl, and comply with the provisions of the Migratory Bird Treaty Act (MBTA) of 1918 (16 U.S.C. 703 -711). Survey protocol shall be that recommended by the State Department of Fish and Game. Developer shall be subject to the mitigation measures recommended by the consultant. A copy of the survey shall be provided to the Planning Department prior to ground disturbance. The burrowing owl is a migratory bird species protected by international treaty under the Migratory Bird Treaty Act (MBTA) of 1918 (16 U. S. C. 703 -711). The MBTA makes it unlawful to take, possess, buy, sell, purchase, or barter any migratory bird listed in 50 C.F.R. Part 10, including feathers or other parts, nests, eggs or products, except as allowed by implementing regulations (50 C.F.R. 21). Sections 3503, 3503.5, and 3800 of the California Department of Fish and Game Code prohibit the take, possession, or destruction of birds, their nests or eggs. To avoid violation of the take provisions of these laws generally requires that project - related disturbance at active nesting territories be reduced or eliminated during critical phases of the nesting cycle (March 1 - August 15, annually). Disturbance that causes nest abandonment and /or loss of reproductive effort (e.g., killing or abandonment of eggs or young) may be considered "taking" and is potentially punishable by fines and /or imprisonment. Mitigation for biological impacts 3. Prior to ground disturbance, the developer shall have a qualified consultant survey the location for kit fox, and comply with the provisions of the Metropolitan Bakersfield Habitat Conservation Plan. Survey protocol shall be that recommended by the State Department of Fish and Game. Developer shall be subject to the mitigation measures recommended by the consultant. A copy of the survey shall be provided to the Planning Department prior to ground disturbance. The current MBHCP expires in year 2014. Projects may be issued an urban development permit, grading plan approval, or building permit and pay fees prior to the 2014 expiration date under the current MBHCP. As determined by the City of Bakersfield, only projects ready to be issued an urban development permit, grading plan approval or building permit before the 2014 expiration date will be eligible to pay fees under the current MBHCP. Early payment or pre - payment of MBHCP fees shall not be allowed. The ability of the City to issue urban development permits is governed by the terms ofI�KF9 MBHCP. Urban development permits issued after the 2014 expiration date maw e N, C.) b ORIGINAL Exhibit A Mitigation Measures & Conditions of Approval GPA /ZC 12 -0124 Page 2 subject to a new or revised Habitat Conservation Plan, if approved, or be required to comply directly with requests of the U.S. Fish and Wildlife Agency and the California Fish and Game Department. Mitigation for biological impacts Cultural Impact Mitigation Measures 4. If human remains are discovered during grading or construction activities, work would cease pursuant to Section 7050.5 of the California Health and Safety Code. If human remains are identified on the site at any time, work shall stop at the location of the find and the Kern County Coroner shall be notified immediately (Section 7050.5 of the California Health and Safety Code and Section 5097.98 of the California Public Resource Code which details the appropriate actions necessary for addressing the remains) and the local Native American community shall be notified immediately. Mitigation for cultural impacts 5. Prior to ground- disturbance activities associated with this project, personnel associates with the grading effort shall be informed of the importance of the potential cultural and archaeological resources (i.e. archaeological sites, artifacts, features, burials, etc.) that may be encountered during site preparation activities, how to identify those resources in the field, and of the regulatory protections afforded to those resources. The personnel shall be informed of procedures relating to the discovery of archaeological remains during grading activities and cautioned to avoid archaeological finds with equipment and not collect artifacts. The applicant /developer of the project site shall submit documentation to the Planning Department that they have met this requirement prior to commencement of ground- disturbance activities. This documentation should include information on the date(s) of training activities, the individual(s) that conducted the training, a description of the training, and a list of names of those who were trained. Should cultural remains be uncovered, the on -site supervisor shall immediately notify a qualified archaeologist. Mitigation for cultural impacts Public Works 6. 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 Snow Road to arterial standards within the Calloway Canal right of way. Dedication to include sufficient width for the existing bridge structure. 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 GPA /ZC area is submitted, dedication can be provided with the map. For orderly development b. Submit a comprehensive drainage study to be reviewed and approved by the City Engineer. No more than 1 sump may be utilized to serve this area; this sur�1PAKFq should be located so that it may be available to serve adjacent areas as try s�n F m U p ORIGINAL Exhibit A Mitigation Measures & Conditions of Approval GPA /ZC 12 -0124 Page 3 develop. The study shall be approved and any required retention site and necessary easements dedicated to the City. If the sump is not located to serve adjacent areas the sump is to be privately maintained. C. The GPA /ZC area is within the North of the River Sanitary District No. 1. Sewer service in this area must conform to the NORDS's adopted Sewer Study, and construction of sewer lines shall be per NORSD's requirements. All trench backfill and paving within the public right of way shall require an Open Street Permit and be per the City of Bakersfield. d. The developer is responsible for the construction of all infrastructure, both public and private, within the boundary of the GPA /ZC area. This includes the construction of any and all boundary streets to the centerline of the street, unless otherwise specified. The developer is also responsible for the construction of any off site infrastructure required to support this development, as identified in these conditions. The phasing of the construction and infrastructure will be addressed at the subdivision map or Site Plan Review stage. Isaak Lane, which is on the eastern boundary of the GPA /ZC, is not within the City Limits. Therefore the city is not requiring any improvements to be constructed. For orderly development 7. The entire area covered by this General Plan Amendment shall be included in the Consolidated Maintenance District. The applicant shall pay all fees for inclusion in the Consolidated Maintenance District with submittal of any development plan, tentative subdivision map, Site Plan Review, or application for a lot line adjustment for any portion of this GPA /ZC area. For orderly development 8. Payment of the proportionate share of the cost of the median and /or landscaping for the arterial frontage of the property within the GPA /ZC request is required prior to recordation of any map, approval of any improvement plan, or issuance of a building permit for the GPA /ZC area. Mitigation for traffic impacts 9. Prior to the issuance of building permits, the project applicant shall participate in the RTIF program by paying the adopted commercial and residential unit fees in place for the various land use types at time of development. Mitigation for traffic impacts City Attorney: 10. 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 �fAKF them, before administrative or judicial tribunals of any kind whatsoever, in any way ari8 g 9d) from, the terms and provisions of this application, including without limitation any CtQA U O ORIGINAL Exhibit A Mitigation Measures & Conditions of Approval GPA /ZC 12 -0124 Page 4 approval or any related development approvals or conditions whether imposed by the City, or not, except for City's sole active negligence or willful misconduct. This indemnification condition does not prevent the Applicant from challenging any decision by the City related to this project and the obligations of this condition apply regardless of whether any other permits or entitlements are issued. The City will promptly notify Applicant of any such claim, action or proceeding, falling under this condition within thirty (30) days of actually receiving such claim. The City, in its sole discretion, shall be allowed to choose the attorney or outside law firm to defend the City at the sole cost and expense of the Applicant and the City is not obligated to use any law firm or attorney chosen by another entity or party. AKF9s r U O ORIGINAL Exhibit B Zone Change Location Map m U Or ORIGINAL LU LU LU C14 C.0 10 lkvo ovi LLJ C4 0 . 3AVV.U3M3r ------------- ORIGINAL ADD AJIM03 j)q JR U. ra O O LU C14 C.0 10 lkvo ovi LLJ C4 0 . 3AVV.U3M3r ------------- ORIGINAL ADD AJIM03 j)q O ki'l \JwWol LU O CU (D W Z as SUVA islVq C/) LLJ z W uj C14 LU C14 C.0 10 lkvo ovi LLJ C4 0 . 3AVV.U3M3r ------------- ORIGINAL Exhibit C Zone Change Legal Description o``gAKF9 1 � i m U � ORIGINAL PHONE (661) 327 -1486 FAX (661) 327 -1452 JAMES K. DELMARTER civil, EN61NEEk� DELMARTER AND ASSOC, 2019 WESTWIND DR. STE. V BAKERSFIELD, CA 93301 SUF.VEYORS ZONE CHANGE DESCRIPTION E AND C -1 P.C.D. TO C -2 P.C.D. 2019 WESTWIND DR. STE. "C" BAKERSFIELD, CA 93301 )ob # 14522 March 21, 2012 The East half of the Southwest Quarter of the Southwest Quarter of Section 6, Township 29 South, Range 27 East, Mount Diablo Base and Meridian, in the City of Bakersfield, County of Kern, State of California, according to the official plat thereof. EXCEPT the South 36 feet and the East 15 feet of said land. Date: March 21, 2012 DELMARTER AND ASSOCIATES qames K. Delmarter RCE# 17564 X10.17564 a 'w Z_?_ o``0AKF9� T ~ r V O ORIGINAL