HomeMy WebLinkAboutROI NO 1267RESOLUTION OF INTENTION NO. 1267
A RESOLUTION DECLARING INTENTION TO ADD
TERRITORY, AREA 1-32 (HAGEMAN, KNUDSEN NORTH),
TO THE CONSOLIDATED MAINTENANCE DISTRICT,
PRELIMINARILY ADOPTING, CONFIRMING AND
APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT,
THE BOUNDARIES OF THE ADDITION, THE FAIRNESS OF
THE BENEFIT FORMULA, AND THE AMOUNT OF
ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL.
WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of
Bakersfield provides for an alternative procedure by which the City Council may provide
for the payment of the whole or any part of the costs and expenses of maintaining and
operating any public improvements which are local in nature, from annual benefit
assessments apportioned among the several lots or parcels of property within the
maintenance district established therefore; and
WHEREAS, the property owner has requested the City Council to include the
property within the Consolidated Maintenance District in accordance with the procedures
established therefore by Chapter 13.04 of Title 13 of the Municipal Code of the City of
Bakersfield and the Public Works Director recommends addition of territory to the
Consolidated Maintenance District; and
WHEREAS, it is the intention of the City Council of the City of Bakersfield to
add territory, Area 1-32 (Hageman, Knudsen North), to the Consolidated Maintenance
District, said area is generally described in Exhibit "A" attached hereto, to maintain and
operate the local improvements including public street landscaping; and
WHEREAS, the Public Works Director has on this date filed with the Clerk
of said Council his Report, attached hereto and incorporated herein by reference as Exhibit
"1", containing the following:
(a)
a description of the boundary of the additional territory, attached
hereto as Exhibit "A"; and
(b)
a map and assessment diagram of the additional territory, attached
hereto as Exhibit "B"; and
(c) the benefit formula set forth as Exhibit "C"; and
(d)
a budget, Exhibit "D," containing the matters specified in Section
13.04.130 of the Bakersfield Municipal Code; and
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(e)
the amount of assessment to be levied against each parcel, attached
hereto as Exhibit "E"; and
WHEREAS, the City of Bakersfield has received a letter from the owner of
the property described in Exhibits "A" and "B", attached hereto, which waives any and all
hearings (whether pursuant to the Brown Act, the Bakersfield Municipal Code, or any other
law) concerning the formation of and assessments for inclusion in the Consolidated
Maintenance District; and
WHEREAS, said property owner has returned his assessment ballot
indicating his support of the proposed assessments and inclusion in the Consolidated
Maintenance District.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Bakersfield, State of California, as follows:
1. The foregoing recitals are true and correct and are incorporated
herein.
2. The City Council hereby preliminarily adopts and approves the Public
Works Director's Report and declares that the territory within the boundaries so specified
and described is the area, (Area 1-32, Hageman, Knudsen North), benefitting from said
local improvements; that the expense of maintaining and operating said improvements is
hereby made assessable upon said area; and that the exterior boundaries thereof are
hereby specified and described to be as shown on that certain map marked Exhibit "B",
entitled "Map and Assessment Diagram for Addition of Territory, Area 1-32 (Hageman,
Knudsen North) to the Consolidated Maintenance District, Bakersfield, California," which
map indicates by a boundary line the extent of the territory to be added to the Consolidated
Maintenance District and shall govern for all details as to the extent of the addition.
3. Each parcel identified in Exhibit "E" is included in the Street
Landscape Zone of benefit and is assessed an amount not to exceed $125.00 per
equivalent dwelling unit per year.
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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
MAR 2 0 2005 , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER ~:~'"~
CITY ~
CLERK and Ex O~he
Council of the City of Bakersfield
APPROVED
hlAR gO
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
BART J. THILTGEN
City Attorney
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Attachments:
Exhibit "1"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
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City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 1-32 (HAGEMAN, KNUDSEN NORTH)
Fiscal Year 2001-2002
Addition of territory, Area 1-32 (Hageman, Knudsen North) to the
Consolidated Maintenance District is generally described as an area bounded by a line 1/4
mile south of Olive Drive on the north, a line 600 feet east of the southerly prolongation of
Knudsen Drive on the east, Hageman Road on the south, and the northerly prolongation
of Mohawk Street on the west, as specifically shown on Map and Assessment Diagram
marked Exhibit "B," attached hereto and incorporated herein by reference as though fully
set forth, as an area within the City of Bakersfield.
Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code
of the City of Bakersfield, referred to as the Maintenance District Procedure, the Public
Works Director makes and files this Report and proposed assessment of and upon all
parcels of property within the area for the cost of maintaining public street medians and
other public street landscaping. The improvements generally include, but are not limited
to, irrigation system including water mains, sprinklers, fountains, and electrical wires,
conduits and timers; plant forms including trees, shrubs, ground cover and turf now existing
or hereafter to be constructed or planted in and for said area and are of a public nature.
The assessment includes the cost of necessary repairs, replacement, water, electricity,
care, supervision and any and all other items necessary for the proper maintenance and
operation thereof, and all additions and improvements thereto which may hereafter be
made.
For many years, public parks, public street median and other public street
landscaping improvements in the City were maintained through traditional tax revenues.
After Proposition 13, in 1978, funds available for maintenance and operation of parks,
street median and other street landscaping improvements were substantially reduced. At
present, the City's budget does not allow for maintenance and operation of park and street
landscaping improvements of the type described above. Thus, without funds for
maintenance and operating costs from a source other than general tax revenues, the City
does not permit new public parks, street median and other street landscaping
improvements to be constructed within the City.
Additional territory, Area 1-32 (Hageman, Knudsen North) is being added to
the Consolidated Maintenance District for the maintenance of public street median and
other street landscaping. The area will be assigned an appropriate street tier in the
Consolidated Maintenance District so that each parcel will be assessed the same amount
as other parcels receiving a similar benefit.
-z- EXHIBIT "1"
All parcels within this area shall be assessed an amount not to exceed
$125.00 per equivalent dwelling unit (as that term is defined in Exhibit "C") per parcel.
However, parcels will not be assessed until street landscaping has been installed. When
street landscape improvements have been completed, the appropriate street tier will be
assigned, but in no case shall the assessments exceed $125 per equivalent dwelling unit.
The area will consist of residential and nonresidential uses, thus all parcels
within the area will be affected. Sensory benefits from installing street landscaping are
aesthetic enhancement and open space enjoyment.
Public median and street landscaping will benefit all the lots or parcels and
will be assessed on an Equivalent Dwelling Unit basis throughout the area. The Benefit
Formula is set forth herein as Exhibit "C" and attached hereto and incorporated in this
resolution as though fully set forth herein.
NOW THEREFORE, I, RAU L M. ROJAS, Director of Public Works of the City
of Bakersfield, by virtue of the power vested in me and the order of the Council of said City,
hereby submit the Fiscal Year 2001-2002 Budget and Assessment Roll as set forth in
Exhibit "D" and Exhibit "E," respectively, attached hereto and incorporated herein as
though fully set forth, upon all parcels of property within additional territory, Area 1-32
(Hageman, Knudsen North), subject to be assessed to pay the cost of maintenance and
operation in said area.
Dated:
RAUL M. ~
Director of Public Works
City of Bakersfield
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LEGAL DESCRIPTION
Area 1-32
A parcel of land situated in the City of Bakersfield, County of Kern, State of California,
being a portion of Section 15, T 29 S, R 27 E, M. D. B. & M., and more particularly
described as follows:
Beginning at the intersection of the centerlines of Hageman Road and Mohawk
Street as shown on Tract No. 6013 Phase 1, recorded August 24, 2001 in Book 47,
Page 62, Kern County Recorders Office;
THENCE (1) North 01 ° 12' 02" East, a distance of 364.62 feet, to the beginning of
a tangent curve, concave southeasterly, having a radius of 1400.00 feet;
THENCE (2) Northeasterly along said curve through a central angle of 39° 21' 52",
an arc distance of 961.85 feet;
THENCE (3) North 40° 33' 54" East, a distance of 512.28 feet, to the beginning of
a tangent curve concave northwesterly, having a radius of 1400.00 feet;
THENCE (4) Northerly along said curve through a central angle of 39° 56' 05", an
arc distance of 975.79 feet;
THENCE (5) South 89° 05' 45" East, a distance of 1009.67 feet, to intersect the
centerline of future Knudsen Drive;
THENCE (6) North 00° 06' 17" West, along said future centerline, a distance of
30.00 feet;
THENCE (7) South 89° 05' 45" East, a distance of 607.71 feet, to intersect the
centerline of future Landco Drive;
THENCE (8) South 00° 16' 02" West, along said future centerline, a distance of
1024.53 feet, to intersect the centedine of future Hageman Road;
THENCE (9) North 89° 05' 45" West, along said future centerline, a distance of
43.20 feet, to the beginning of a tangent curve, concave southeasterly, having a
radius of 1500.00 feet;
THENCE (10) Southwesterly along said curve through a central angle of 19° 43'
50", an arc distance of 769.61 feet, to intersect the centerline of future Knudsen
Drive;
EXHIBIT "A"
THENCE (11) Continuing along said curve through a central angle of 29° 23' 50",
an arc distance of 769.61 feet;
THENCE (12) South 41 ° 46' 36" West, a distance of 180.48 feet;
THENCE (13) Departing said future centerline, North 48° 13' 24" West, a distance
of 55.00 feet, to intersect the north right of way line of future Hageman Road;
THENCE (14) Continuing North 48° 13' 24" West, a distance of 187.69 feet;
THENCE (15) South 26° 23' 46" West, a distance of 159.81 feet;
THENCE (16) South 48° 06' 55" West, a distance of 213.88 feet, to a point on a
non tangent curve, concave northeasterly, having a radius of 563.00 feet, to which
point a radial line bears South 48 ° 06' 28" West, being the easterly right of way line
of Bergamo Drive;
THENCE (17) Southeasterly along said curve and boundary line, through a central
angle of 06° 20' 19", an arc distance of 62.29 feet;
THENCE (18) South 48° 13' 24" East, along said boundary and prolongation
thereof, a distance of 161.76 feet, to intersect the centerline of future Hageman
Road;
THENCE (19) South 41 ° 46' 35 West, along said future centerline, a distance of
142.00 feet, to the beginning of a tangent curve, concave northwesterly, having a
radius of 1500.00 feet;
THENCE (20) Southwesterly along said curve and future centerline, through a
central angle of 42 o 52' 25", an arc length of 1122.23 feet to intersect the centerline
of Mohawk Street and the TRUE POINT OF BEGINNING.
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EXHIBIT "A"
MAP AND ASSESSMENT DIAGRAM
FOR ADDmON OF TERRITORY
(AREA 1-32, HAGEMAN, KNUDSEN NORTH) TO THE
CONSOLIDATED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA .o,~o~_~
DIS'B~ICT BOUNDARY
CONSOLIDATED MAINTENANCE DISTRICT
CITY OF BAKERSFIELD
BENEFIT FORMULA
Each parcel in the Street Landscaping Zone of Benefit shall be assessed the
amount as defined in ('1) below:
Each parcel in the Park Zone of Benefit shall be assessed the amount as defined
in (2) below:
Each parcel in the Street and Park Zone of Benefit shall be assessed the sum of
the amounts as defined in (1) and (2) below:
(1) shall equal the dollar amount budgeted for the maintenance and operation
of the STREET LANDSCAPING (S) within the district, adjusted for prior year
fund balance or deficit;
Multiplied by (a):
Multiplied by (t):
Divided by (b):
The number of Equivalent Dwelling Units (EDU's as
defined on page 2 of this exhibit) for the parcel, and;
The factor for the tier level, which equals the street tier
number, and;
The total number of street EDU's in the district.
(1) = Sxaxt
b
NOTE: Undeveloped residential and commercial parcels with no existing adjacent median
or street landscaping shall be assessed one-half the number of EDU's for that parcel.
Undeveloped industrial parcels with no existing adjacent median or street landscaping shall
be assessed one-fourth the number of EDU's for that parcel. In the Berkshire area (3-06)
and the Hosking, South H area (5-03), only subdivided parcels will be assessed for street
landscaping.
(2) shall be the dollar amount budgeted for the maintenance and operation of
the PARKS (P) within the district, adjusted for prior year fund balance or
deficit;
Multiplied by (a): The number of EDU's for the parcel, and;
Multiplied by (t):
Divided by (b):
The factor for the tier level, which equals the park tier
number, and;
The total number of park EDU's in the district.
(2) -- P x a x t
b
EXHIBIT "C~
Page 1 o
EQUIVALENT DWELLING UNIT (EDU) CHART
An Equivalent Dwelling Unit (EDU) is equal to a single family residence. EDU's shall be
calculated by use or potential use per zoning as follows:
USE
Agricultural Zone
Single Family (Detached)
Dwelling Unit, less than
5 acres
Undeveloped R-1 zoned
5 acres or more.
Undeveloped R-1 zoned,
less than 5 acres.
Multi-Family (Attached)
Undeveloped R-2, R-3
EDU REMARKS
1.0 Per parcel
1.0 Per parcel
4/acre
1/acre
0.71/unit
0.71/unit
Non Residential
Mobile Homes in parks
(Rent Space)
Mobile Homes in
subdivisions (Owner)
Mixed Use
6/acre
0.71/unit
1.00/unit
Rounded down to the
nearest whole number.
Rounded down to the
nearest whole number.
Number of units shall equal
the acreage multiplied by 12
rounded down to the nearest
whole number.
Rounded to nearest .01
Each calculated per the
above.
EXHIBIT
Page 2
EDU EXCEPTIONS
Several exceptions have been made to the base EDU rates in the areas listed below due
to commitments made at the time of formation of the original districts.
USE
Polo Grounds (1-04)
Undeveloped R-1 zoned
5 acres or more.
EDU REMARKS
3.28/acre
Parkside Villaqe (2-01)
Single Family 1.0
Dwelling Unit (Vineyard)
Multi-Family
Dwelling Unit (Shores)
Multi-Family 0.58/unit
Dwelling Unit
(Edgewater, Brookhaven,
Springs)
Non Residential 24.26
(Castle & Cooke)
Non Residential 7.56
(Parkside Partners)
Brimhall & Verduqo (1-09)
Seven Oaks, North (2-11) & South (2-20)
Undeveloped R-1 zoned 3/acre
5 acres or more
California Avenue (1-07)
Stockdale, California NE (1-18)
Stockdale, Village Lane (1-20)
Non Residential 1.0
0.86/unit
Rounded down to the
nearest whole number.
(Per condition of
Annexation)
Per parcel plus 0.9 EDU's per
100 feet of California Ave./
Stockdale Hwy, frontage
EXHIBIT "C~ ,, '*~_.
Page 3 o ~-
~RtGINAL
USE
Union Avenue(4-07)
Non Residential
Silvercreek (3-04)
370-022-04
Chester Avenue (4-11 & 4-16)
Stockdale, Calloway (1-15)
Coffee, Gosford (2-15)
EDU
3
0.71/unit
12 units/Acre
6/acre
REMARKS
Per parcel
Shall be charged at R-3
rate as per GPA Resolution
No. 22-94
Area for each parcel is based
50% on lot area and 50% on
building area.
Park maintenance fee to be
paid per Agreement 96-81 (1).
Stockdale, Buena Vista SW (2-22)
Park maintenance fee to be
paid per Ordinance No. 3957.
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EXHIBIT "C",~
Page 4 of~" '
EXHIBIT "D"
MAINTENANCE DISTRICT AREA 1-32
Said assessment is made in accordance with the benefit formula attached hereto.
2001-2002
BUDGET
Gross Budget Amount Required
(City Staff Services or Contract, Supplies, Materials and Utilities)
Estimated Beginning Fund Balance/(Deficit)
Less: City Contributions
NET AMOUNT TO BE ASSESSED
$0.00
$0.00
$o.oo
$0.00
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EXHIBIT "E"
ASSESSMENT ROLL
MAINTENANCE DISTRICT AREA 1-32
FISCAL YEAR 2001-2002
Assessment Parcel No.
as shown on Map
Exhibit "B"
Total amount to
be collected for
FY 2001-2002
365-011-36-00-5
365-310-04-00-2
$0.00
$0.00
Total
Date:
$0.00
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
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EXHIBIT "E"
Page 1
Febmary20,2002
City of Bakersfield
Public Works Department
1501 Truxtun Avenue
Bakersfield, CA 93301
Attn: Marian P. Shaw
Subject: Inclusion of Tract 6013-2 in a Maintenance District
Gentlemen:
We, the undersigned, as owners oftbe property included within Tract 6013-2 hereby request that
the property be included within the Consolidated Maintenance District. This request is pursuant
to the requirements of Municipal Code Section 13.04.021.
Enclosed is a check in the amount of $1,631.00 to cover the costs mentioned above. Further, our
engineer will supply you with a disk copy of the Tract 6013-2 for your use.
We also waive our right to any and all hearings (whether pursuant to the Brown Act, the
Bakersfield Municipal Code, or any other law) concerning the formation of or inclusion in a
maintenance district.
We have signed and are returning the enclosed Proposition 218 ballot (Official Assessment
Ballot) indicating our consent to the assessments.
Very Truly Yours,
Kyle C~, Presider~ -
Kyle C~ Homes, !hac.
March 5, 2002
City of Bakersfield
Public Works Department
1501 Truxtun Avenue
Bakersfield, CA 93301
Attn: Marian P. Shaw
Subject: Inclusion of Tract 6013 Phases 3 & 4 and A.P.N. no. 365-010-36 in a
Maintenance District
Gentlemen:
We, the undersigned, as owners of the property included within Tract 6013 Phases 3 & 4 and
A.P.N. no. 365-010-36 hereby request that the property be included within the Consolidated
Maintenance District. This request is pursuant to the requirements of Municipal Code Section
13.04.021.
Enclosed is a check in the amount orS 186.00 to cover the costs mentioned above. Further, our
engineer will supply you with a disk copy of the Tract 6013 and A.P.N. no. 365-010-36 for your
We also waive our right to any and all hearings (whether pursuant to the Brown Act, the
Bakersfield Municipal Code, or any other law) concerning the formation of or inclusion in a
maintenance district.
We have signed and are returning the enclosed Proposition 218 ballot (Official Assessment
Ballot) indicating our consent to the assessments.
Very Truly Yours,
Kyle C~'~'~,CEO _} '
Kyle C~r Homes, ltnc.
CITY OF BAKERSFIELD
CONSOLIDATED MAINTENANCE DISTRICT
IMPORTANT
OFFICIAL PROPERTY OWNER ASSESSMENT BALLOT
This assessment ballot is for the use of the property owner of the parcel(s) identified below, which are proposed to
be included in the City of Bakersfield Consolidated Maintenance District (hereinafter CMD).
This assessment ballot may be used to express either support for or opposition to inclusion within the CMD. To
be counted, this assessment ballot must be signed below by the owner or, if the owner is not an individual, by an
authorized representative of the owner.
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE
OFFICIAL ASSESSMENT BALLOT
Owner: It,ql.~
Property description: 'l'g4~cT ~oO~ : ~,~g 'Z.
(address. lot/block~tract or other lega0
Individual annual assessments shall not exceed $125.00 per equivalent dwelling unit.
ASSESSMENT BALLOT MEASURE
Shall the City Council of the City of
Bakersfield include the above described [~ Yes
Property within the Consolidated Maintenance
District and levy an assessment not to exceed ~1 No
the amount set forth above?
Owner Signature:
Title (if representing o ~__~ . ~ . I
c,
Date: '~' Z l. 0 ~.
CITY OF BAKERSFIELD
CONSOLIDATED MAINTENANCE DISTRICT
IMPORTANT
OFFICIAL PROPERTY OWNER ASSESSMENT BALLOT
This assessment ballot is for the use of the property owner of the parcel(s) identified below, which are proposed to
be included in the City of Bakersfield Consolidated Maintenance District (hereinafter CMD).
This assessment ballot may be used to express either support for or opposition to inclusion within the CMD. To
be counted, this assessment ballot must be signed below by the owner or, if the owner is not an individual, by an
authorized representative of the owner.
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE
OFFICIAL ASSESSMENT BALLOT
Owner: g..-/t.~. C~o..n'~rL 1.4ot, q~.~
Property description: Tff..Ac..T ~or'~ F'~-~,,~ ~ ~-4 ~,,,1~ ~,~ ,,.I. ~(~5'OlO--
(address, lot/block~tract or other legal)
Individual annual assessments shall not exceed $125.00 per equivalent dwelling unit.
ASSESSMENT BALLOT MEASURE
Shall the City Council of the City of{2~Y~"~es
Bakersfield include the above described
Property within the Consolidated Maintenance
District and levy an assessment not to exceed [3 No
the amount set forth above?
Owner Signature:
Titlefifrepresentingo~..
Date: '~- ~. O '?.-
Recording requested by
and for the benefit of
the City of Bakersfield.
When recorded mail to:
City of Bakersfield
City Clerk's Office
1501 Truxtun Avenue
Bakersfield, CA 93301
THIS SPACE FOR RECORDER'S USE ONLY
Tract No. 6013 All Phases, All Lots.
COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT
THIS COVENANT is executed on this day of ,200__, by
K¥1e Carter Homes, Inc., a California Corporation, (hereinafter, "Owner"), in connection with the Consolidated
Maintenance District, located in the City of Bakersfield, California.
The real property herein described is located within the Consolidated Maintenance District and
may be assessed on an ongoing, yearly basis for maintenance of public landscaping on public rights-of-way within
the district. The appropriate Street Tier will be assigned when landscape improvements have been installed.
Although this property may have been assessed a lesser amount in the present tax year, the
ultimate estimated annual assessment for maintenance of public landscaping based on full buildout of this district,
is $125.00 per single family dwelling, based on 2001 dollars and labor costs of the district.
This covenant may not be amended or modified without the prior approval of the City of
Bakersfield. This covenant shall run with the land.
Dated this __ day of ,200 __.
Owner(s)/Developer(s):
Kyle Carter Homes, Inc.
a California Corporation
City of Bakersfield:
Kyle Carter, President
Raul M. Rojas
Public Works Director
NOTE: All owner(s)/developer(s) signatures must be notarized.
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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 21st day of March ,2002 she posted on the Bulletin
Board at City Hall, a full, true and correct copy of the following: Resolution of
Intention No. 1267 passed by the Bakersfield City Council at a meeting held on the
20th day of March 2002, and entitled:
A RESOLUITON DECLARING INTENTION TO ADD
TERRITORY, AREA 1-32 (HAGEMAN, KNDUSEN NORTH),
TO THE CONSOLIDATED MAINTENANCE DISTRICT,
PRELIMINARILY ADOPTING, CONFIRMING AND
APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT,
THE BOUNDARIES OF THE ADDITION, THE FAIRNESS OF
THE BENEFIT FORMULA, AND THE AMOUNT OF
ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL.
/s/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
D~p"Oty City Cie-~ ~ ~