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HomeMy WebLinkAboutMD 1-01 3825 Riverlakes DriveRecording requested by and for the benefit of the City of Bakersfield. When recorded mail to: City of Bakersfield City Clerk's Office 1600 Truxtun Avenue Bakersfield, CA 93301 Jon LiNuist, Assessor—Recorder Kern County Official Records Recorded at the request of Public DOC#: 0217027445 THIS SPACE FOR RECORDER'S USE ONLY Existing Legal: SEE ATTACHED EXHIBIT'B' Map or Project Number: SPR #08-1795 ATN(s): 451-010-07 COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT SABRINA 3102/2017 8:08 AM Stat Types: 1 Pages: 4 Fees 0.00 Taxes 0.00 Others 0_00 PAID $0.00 THIS COVENANT is executed on Tuesday, February 28, 2017 by North of the River Recreation & Park District , in Bakersfield, herein after referred to as ("Owner"), in connection with the Consolidated Maintenance District, located in the City of Bakersfield, CA. The real property herein described is located within the Consolidated Maintenance District and may be assessed on an ongoing, yearly basis for maintenance of a public park and landscaping on public rights -of way within the district. The appropriate Street and Park Tiers will be assigned by the Parks and Recreation Department. Assessment is imposed in accordance with California Proposition 218 with the Consent of the Majority Property Owner(s) as can be seen on the ballot cast and attached as Exhibit'A'. Although this property may have been assessed a lesser amount in the present tax year, the ultimate estimated annual assessment for maintenance of a public park and public landscaping based on full build out of this district, is $204.46 per equivalent dwelling unit, based on fiscal year 2016-2017 dollars and labor costs of the district. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles - Riverside - Orange County / All Urban Consumers Consumer Price Index. (See Bakersfield City Council Resolution No. 019-05.) 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 Tuesday, February 28, 2017 Owner(s)/Developer(s): City of Bakersfield: David McArthur, General Manager Nick Fidler, Public Works Director North of the River Recreation and Park District NOTE: All owner(s)/developer(s) signatures must be notarized. Order Number: 1004-5392584 Page Number: 11 EXHIBIT "B" LEGAL DESCRIPTION Real property in the City of Bakersfield, County of Kern, State of California, described as follows: ALL THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 29 SOUTH, RANGE 27 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 8 OF THE SALES MAP OF THE LANDS OF KERN COUNTY LAND COMPANY FILED JULY 15, 1891, SAID CORNER ALSO BEING THE CENTERLINE INTERSECTION OF COFFEE ROAD, PER STREET RIGHT-OF-WAY DEDICATION RECORDED IN BOOK 6456, AT PAGE 62, OF OFFICIAL RECORDS IN THE OFFICE OF THE KERN COUNTY RECORDER, AND RIVERLAKES DRIVE, PER STREET RIGHT-OF-WAY DEDICATION RECORDED IN BOOK 6550, AT PAGE 122, OF OFFICIAL RECORDS IN THE OFFICE OF THE KERN COUNTY RECORDER; THENCE NORTH 890 34' 39" WEST ALONG SAID CENTERLINE OF RIVERLAKES DRIVE, A DISTANCE OF 220.01 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1000.00 FEET; THENCE CONTINUING WESTERLY ALONG SAID CURVED CENTERLINE OF RIVERLAKES DRIVE, THROUGH A CENTRAL ANGLE OF 030 13' 17" , AN ARC DISTANCE OF 56.22 FEET TO THE TRUE POINT OF BEGINNING; i THENCE 1) DEPARTING SAID CENTERLINE OF RIVERLAKES DRIVE, RADIALLY, SOUTH 03° 38' 38" WEST, A DISTANCE OF 61.00 FEET TO THE SOUTHERLY RIGHT-OF-WAY OF SAID RIVERLAKES DRIVE; THENCE 2) DEPARTING SAID SOUTHERLY RIGHT-OF-WAY OF RIVERLAKES DRIVE, SOUTH 000 09' 38" EAST, A DISTANCE OF 317.09 FEET, THENCE 3) SOUTH 28° 21'37" WEST, A DISTANCE OF 916.65 FEET, TO THE EASTERLY RIGHT- OF-WAY OF THE FRIANT-KERN CANAL PER DOCUMENT RECORDED IN BOOK 1710, AT PAGE 8, OF OFFICIAL RECORDS IN THE OFFICE OF THE KERN COUNTY RECORDER; THENCE 4) NORTH 39° 07' 22" WEST ALONG SAID EASTERLY RIGHT-OF-WAY OF THE FRIANT- KERN CANAL, A DISTANCE OF 1576.62 FEET; THENCE 5) DEPARTING SAID EASTERLY RIGHT-OF-WAY OF THE FRIANT-KERN CANAL NORTH 500 05'57 EAST, A DISTANCE OF 743.03 FEET, TO SAID SOUTHWESTERLY RIGHT-OF-WAY OF RIVERLAKES DRIVE; THENCE 6) DEPARTING SAID SOUTHWESTERLY RIGHT-OF-WAY OF RIVERLAKES DRIVE, RADIALLY, NORTH 62° 28' 54" EAST, A DISTANCE OF 45.00 FEET TO SAID CENTERLINE OF RIVERLAKES DRIVE, SAID CENTERLINE BEING A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1000.00 FEET, A RADIAL TO WHICH POINT BEARS SOUTH 620 28' 54" WEST; THENCE 7) SOUTHEASTERLY ALONG SAID CURVED CENTERLINE OF RIVERLAKES DRIVE, THROUGH A CENTRAL ANGLE OF 580 50' 16", AN ARC DISTANCE OF 1026.91 FEET, TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM ALL OIL, GAS AND OTHER HYDROCARBONS AND MINERALS AND FOR DRILLING, EXPLORATION AND DEVELOPMENT FROM THE SURFACE OF THE EARTH TO A SUBSURFACE DEPTH OF FIVE HUNDRED FEET (500'), IN AND UNDER SAID LAND, TOGETHER WITH ALL EASEMENTS AND RIGHTS NECESSARY OR CONVENIENT FOR THE PRODUCTION, STORAGE AND TRANSPORTATION THEREOF. First American Tit/e Page 11 of 21 Exhibit `A' to the Covenant Disclosing Inclusion in a Maintenance District. PROPOSITION 218 BALLOT CITY OF BAKERSFIELD CONSOLIDATED MAINTENANCE DISTRICT 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 (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 Property Owner: North of the River Recreation and Park District Property description: 451-010-07 / 3825 RiverLakes Drive, Bakersfield CA 93312 [Address Jor ATN(s)) The individual', annual assessments for fiscal year 2016-2017 shall not exceed $ 204.46 per equivalent dwelling unit plus any costs incurred by the City from the County Assessor's office for adding parcels to the Tax Roll. NOTE: In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles—Riverside—Orange County/All Urban Consumers Consumer Price Index. ASSESSMENT BALLOT MEASURE Shall the City Council of the City of Bakersfield include the above described X Yes property within the Consolidated Maintenance District and levy an assessment not to exceed O No the amount set forth above? Owner Signature: Title (if representing owner): General Manager North of the River Recreation and Park District Date: February 28, 2017 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Kenn ) On lPcbrNAv ZK 01 before me, RG ('VI cat I &&v- C4 A 0+ccy14 Pu C, ate Here Insert Name and Title of the Olficer personally appeared go, V d M G g r+ h U r Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(p) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. . RACHEAL GARCIA Notary Public - California Z Kern County z Z Commission * 2164829 M Comm. Expires Sep 16. 2020 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature GcZAtt- Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: