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Home My WebLink About26-91.TIFDated September 3, 1991 E. W. SCHULZ RCE No. 18450, Expiration ne 30, 1993 City Engineer City of Bakersfield d9:a:cex26- 9i.coc 3 1/2' disk - subdivisions') 623 Boa 6578 rAG109M iEUESTED s. A,r, WEEN REI- FPDE. PAT, 5....: r'_(,'{ ;;'17 ^' 'i' CM 'E S. ,; AD KER„ City of Bakersfield CitD Engineer 1 2 9 5 9 8 F1 COT -8 M 8: 58 1501 Truxtun Avenue 5 Bakersfield, Ca. 93301 MOEP 1.00 REC.FE 100 STATE 2.00 C*U MOO Yd585d0 CM W! M.'56 CERTIFICATE OF COMBLIAN C.E� 5 SECTION 66499.35, GOVERNMENT CODE) PARCEL MAP WAIVER 26 -91 r F_oR (Being a merger and redivision of Lots 15 through 20 inclusive of the Nome / Tract filed in Book 4, Page 4.) NT LN (Assessor's Parcel Numbers 2- 280 -07 & 2- 280 -08) 3 RF The undersigned City Engineer of the City of Bakersfield, designated by ordinances of said City as Advisory Agency with respect to Parcel ?lap Wn Waivers and Lot Line Adjustments and acting herein on behalf of the City �s of Bakersfield, hereby certifies that the Parcel Map Waiver for the 6-ST hereinafter- described parcels of land complies with the provisions of the Subdivision Map Act of the State of California and Chapter 16 of the Cit }- of Bakersfield Municipal Code regulating divisions of land. Said parcels of land, being situated in the City of Bakersfield, County of Kern, State of California, are more particularly described as follows on Exhibit A and shown on Exhibit B. DENG F. FONG & SUZIE FONG are the owners of the described parcels of land.. Dated September 3, 1991 E. W. SCHULZ RCE No. 18450, Expiration ne 30, 1993 City Engineer City of Bakersfield d9:a:cex26- 9i.coc 3 1/2' disk - subdivisions') 623 eoox 6578 rrcE 0909 EXHIBIT "A" BEING A MERGER AND RESUBDIVISION OF THOSE PORTIONS OF LAND SHOWN AS LOTS 15 THROUGH 20, INCLUSIVE, OF THE NOME TRACT FILED IN BOOK 4 OF MAPS, AT PAGE 4, IN THE OFFICE OF THE KERN COUNTY RECORDER, ALSO BEING A PORTION OF SECTION 19, TOWNSHIP 29 SOUTH, RANGE 28 EAST, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL A: BEING A MERGER OF LOT 15, 16 AND 17 OF SAID NOME TRACT, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 14 OF SAID NOME TRACT; THENCE SOUTH 890 54' 11" EAST, ALONG THE SOUTHERLY RIGHT OF WAY LINE OF 34TH (THIRTYFORTH) STREET, A DISTANCE OF A 75.00 FEET; THENCE SOUTH 000 01' 15" EAST, A DISTANCE OF 131.81 FEET; THENCE NORTH 890 54' 45" WEST, A DISTANCE OF 75.00 FEET, TO A POINT BEING THE SOUTHEAST CORNER OF SAID LOT 14; THENCE NORTH 000 01' 22" WEST, ALONG THE EASTERLY LINE OF SAID LOT 14, A DISTANCE OF 131.83 FEET TO A POINT BEING THE SAID NORTHEAST CORNER OF LOT 14 AND THE BEGINNING FOR THIS DESCRIPTION. PARCEL B: BEING A MERGER OF LOTS 18, 19 AND 20 OF SAID NOME TRACT AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT BEING THE NORTHWEST CORNER OF LOT 21 OF SAID NOME TRACT; THENCE SOUTH 000 O1' 08" EAST, A DISTANCE OF 131.79 FEET; THENCE NORTH 890 54' 45" WEST, A DISTANCE OF 75.00 FEET; THENCE NORTH 000 01' 15" WEST, A DISTANCE OF 131.81 FEET, TO A POINT IN THE SOUTHERLY RIGHT OF WAY OF 34TH (THIRTYFOURTH) STREET; THENCE SOUTH 890 54' 11" EAST,ALONG SAID SOUTHERLY RIGHT OF WAY, A DISTANCE OF 75.00 FEET TO A POINT BEING THE SAID NORTHWEST CORNER OF LOT 21 AND THE POINT OF BEGINNING FOR THIS DESCRIPTION. aloK 6578 rul 0910 EXHIBIT "B" FOR ILLUSTRATIVE PURPOSES ONLY Tj �1 y b qx DU, —1 c- 0 1` $ a LLI 7 C) z PARCEL A I PgRCEG G 1 9084.50 50. 98e5.00 60. f . n 0 .O Dr/sr. ovE.eBrAO .v/sv ✓anaGE PLYWB GrcE 5 N! EY /ST /NG 6�(/C.R SEF/E�P _ TS 5• 4` A v' 3 � 0 Lti a r al I +TF PCR .4O.NE Ti6L'T Bib °. 2 %RM /R'/'L /CR M](4E TKACT.11gP /KEO 5✓BCg1' f, i`IISF ¢. F /CEO .((/EOaY f, PYIE ¢. KOFESSI0Ne' 'K� R, FyC 57-AlEET /�9 SUZ /EFL T /,tr/SS4�uO 4E N/IFE AS JO /NT TENANTS' 5 DY'S4700E /SO. 00" / �� A 3� ;G, NOTF; qee BPAR/A/66 i(U' O/S >wKG^ES SH04M/ pV TMi3 A./q{+gTB ,pECppp qq C.9GCK9 /FO FAtlH REYdIp AEP BCt= rL�TRACT MAP F:Y EO /N H.K.tY 4, PAGE 4. 5 D9.50'. PARCEL clvtl- `e N OQ� 't `i CP e L�F /CE GL� THE KERN G'OUNTy .PECA40E.P� ALSO BE/.U6 q POQ >y.V OF SECT /CN/ /9 TOk 5N /P @9 RANGE 26 EAST /N > e C/>Y OF _ _ ANO $�pENgCK BA.YERSF /6 /iJ iv /i />V nc ✓eeii N � — 1 Tj �1 y b qx DU, —1 c- 0 1` $ a LLI 7 C) z PARCEL A I PgRCEG G 1 9084.50 50. 98e5.00 60. f . n 0 .O Dr/sr. ovE.eBrAO .v/sv ✓anaGE PLYWB GrcE 5 N! EY /ST /NG 6�(/C.R SEF/E�P _ TS 5• 4` A v' 3 � 0 Lti a r al KOFESSI0Ne' 'K� R, FyC f10.P0EG /.pEN4 F /- d��5U2 /EFO.UE, y//y�gNO �/✓iFE, AS✓ANl1TE•vgNTS. PARCEL 2.OEAG'L'14ve /�9 SUZ /EFL T /,tr/SS4�uO 4E N/IFE AS JO /NT TENANTS' G ASSESSOR 5 P.OiPG'EG :!A.GNG�ER$ 0-280-07 % 2- 280 -OS �� A 3� ;G, NOTF; qee BPAR/A/66 i(U' O/S >wKG^ES SH04M/ pV TMi3 A./q{+gTB ,pECppp qq C.9GCK9 /FO FAtlH REYdIp AEP BCt= rL�TRACT MAP F:Y EO /N H.K.tY 4, PAGE 4. Q^ «_,_aa PARCEL clvtl- `e MAP WAIVER 26 -91 OQ� 't `i CP BE /�(/G AME.Fl:`�K AA/O REO/Y /5 /O.V OF TWpSE PoRT /QUS OF [qA/O B//OWN qS LOTS /s TNRtlGY>.V M ALCCUS/!/E OF ,I.CCL >RAC> F/CEO .W BOOK 4, ,906E 4, w >HE L�F /CE GL� THE KERN G'OUNTy .PECA40E.P� ALSO BE/.U6 q POQ >y.V OF SECT /CN/ /9 TOk 5N /P @9 RANGE 26 EAST /N > e C/>Y OF BA.YERSF /6 /iJ iv /i />V nc ✓eeii A 6578 rr,6( 0911 Return To: R MCD "D BY City Engineer GALE S. D STQ 1501 Truxtun Avenue KE ^ii Bakersfield, CA. 93301 129599 IT" CCT -a al a: 58 0" 5.00 KDEP 1.00 REC =FE -4' AlAll 0 11.00 Rg5R540 rf)02 ROS '1 COVENANT OF EASEMENT ~�. WHEREAS, Dena F Fong and Suzie Fong are the owners of both the real property benefitted by this Covenant ( "benefitted property ") and the real property burdened by this Covenant _ ( "burdened property "); and i '-; WHEREAS, the benefitted property is real property located i in the City of Bakersfield, County of Kern, State of California, described as follows: - — PARCEL A OF PARCEL MAP WAIVER 26 -91, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, AS SHOWN ON CERTIFICATE OF COMPLIANCE RECORDED IN BOOK4M PAGE 10f , IN THE OFFICE OF THE RECORDER OF SAID COUNTY. ; and WHEREAS, the burdened property is real property located in the City of Bakersfield, County of Kern, State of California, described as follows: PARCEL B OF PARCEL MAP WAIVER 26 -91, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, AS SHOWN ON CERTIFICATE OF COMPLIANCE RECORDED IN BOOK6C7y , PAGE 90,' , IN THE OFFICE OF THE RECORDER OF SAID COUNTY. and WHEREAS, an easement for Access purposes over the burdened property for benefit of the benefitted property is required by the City of Bakersfield in connection with the City's approval of S.P.R. No. 1488 BOOK 6578 rr,Gt 0912 WHEREAS, pursuant to Section 65870 et seq. of the California Government Code, the City of Bakersfield has adopted Chapter 12.60 of the Bakersfield Municipal Code, permitting creation of required easements by recorded Covenants. NOW THEREFORE,Denc F Fonc and $»3z+e Fonc by this Covenant does hereby create an easement for Access purposes over the following described portion of the burdened property: THE WESTERLY 12 FEET OF THE NORTHERLY 116 FEET OF PARCEL B OF PARCEL MAP WAIVER 26 -91, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, AS SHOWN ON CERTIFICATE OF THE OFFICE OF THE RECORDER COMPLIANCE RECORDED IN B00K6578, PAGE 908 , SAID COUNTY Upon recordation of the Covenant, the burdens of the easement shall be binding upon, and the benefits shall inure to, all successors in interest to the real property, until and unless the Covenant is released in accordance with the procedure specified in section 12.60.030 of the Bakersfield Municipal Code. q DATED this— day of y?. 19 STATE OF CALIFORNIA COUNTY OF `u BOOK 6578rr,GE 09j3 i On this -1 day of , in the year t9�, before me me under�Onetl a Notary SublZ n annr sasid SyT Personally aNe (or pr ed to me on subscr basis m the iU thml Instrument, and antl be she oedged two me tole nTa��s executed it. WITNESS my hanO an7;N g Ilc in antl for d State. BOOK 6578 Pria 0914 karorcing requested by .. f the City of 8akersfie." -� `' BY Gt!.E S. 7f TAD Return To: KERN 7 rC,7CER City Engineer 2 tf b Q 1501 Truxtun Avenue r."I ET -8 M 8 58 Bakersfield, CA. 93301 ORS 410 KDEP i.00 REr. FE 2. (>n A, S' COVENANT OF EASEMENT L' 0" WHEREAS, Dena F. Fong and Suzie Fona are the owners of both the real property benefitted by this Covenant ( "benefitted _ property ") and the real property burdened by this Covenant ( "burdened property "); and WHEREAS, the benefitted ro ert p is real property located in the City of Bakersfield, County of Kern, State of California, described as follows: -E PARCEL B OF PARCEL MAP WAIVER 26 -91, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, AS p SHOWN ON CERTIFICATE OF COMPLIANCE RECORDED IN BOOK 6575 ! , PAGE9p? , IN THE OFFICE OF THE RECORDER OF SAID COUNTY. ; and WHEREAS, the burdened property is real property located in the City of Bakersfield, County of Kern, State of California. described as follows: PARCEL A OF PARCEL MAP WAIVER 26 -91, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, AS SHOWN ON CERTIFICATE OF COMPLIANCE RECORDED IN BOOK 60? PAGE ry06� , IN THE OFFICE OF THE RECORDER OF SAID COUNTY. ; and WHEREAS, an easement for Access purposes over the burdened property for benefit of the benefitted property is required by the City of Bakersfield in connection with the City's approval of S.P.R. No. 1488 bA 6578 n 0915 WHEREAS, pursuant to Section 65870 at seq. of the California Government Code, the City of Bakersfield has adopted Chapter 12.60 of the Bakersfield Municipal Code, permitting creation of required easements by recorded Covenants. NOW THEREFORE,Deng F Fong and Suzie Fong by this Covenant does hereby create an easement for Access purposes over the following described portion of the burdened property: THE EASTERLY 12 FEET OF THE NORTHERLY 116 FEET OF PARCEL A OF PARCEL MAP WAIVER 26 -91, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, AS SHOWN ON CERTIFICATE OF COMPLIANCE RECORDED IN BOOK ?, PAGE 7L)' , IN THE OFFICE OF THE RECORDER OF SAID COUNTY Upon recordation of the Covenant, the burdens of the easement shall be binding upon, and the benefits shall inure to, all successors in interest to the real property, until and unless the Covenant is released in accordance with the procedure specified in section 12.60.030 of the Bakersfield Municipal Code. DATED this day of ,2 , 19y/ n r BY Y- �ig` i/eXTr .ar FF i00°'C Recording requested 'pv, the CitY of Bokersffr.rn. BOmc6,5'78PnGEO916 Return 'o: C_'C6 ^DED BY City L gineer CA.LE S. EiWAD 1501 Truxtun Avei,,< Bakersfield, CA. 93307 ` 9 6 Q I4 ?1 8C� DECLARAT2ON OF COVENANTS, C TIONS AND RESTRICTI NS THIS DECLARATION, made on the date hereinafter set forth, by Deng Fa Fong, M.D., hereinafter referred to as "Declarant ", is made with reference to the following facts: A. Declarant is the owner of a certain Property located in the City of Bakersfield, County of Kern, State of California, which is herein incorporated by reference. B. Declarant intends by this document to impose upon the Property mutually beneficial restrictions under a general plan ._.V.s of improvements for the benefit of all owners of Lots. C. Declarant further declares that it is Declarant's intent in imposing these covenants, conditions and restrictions that the —�N same may be enforced by Declarant in the future through injunc- tive or other means of relief, notwithstanding the Declarant may not then own any Property within the project. NA D. The following definitions apply to this Declaration: (a) "Declarant" shall mean and refer to Deng Fa Fong, M.D., his successors and assigns. (b) "Declaration" shall mean and refer to this Declaration, as amended or supplemented from time to tame. (c) "Lot" shall mean and refer to each Lot or parcel shown on the map. (d) "Map" shall mean and refer to that ma entitled "Parcel Map Waiver 26 -9111, filed for record on :Adbre 8 199 in Book Gf78 of Mwpa at page(s) 706Y in the office of the county recorder of Kern County, State of California. (e) "Property" shall mean and refer to all real Property described on the Map and all improvements thereon. Page 1 ORS 6.W ffiv 1.00 REC,FE 4,07 STATE �, 00 fwtx 14. ,ki M{59950 fti02 R01 TI_,.N BOOK 6578 Put 0917 NOW, THEREFORE, Declarant hereby declares that all of the Prop - perty described above shall be held, sold, leased, mortgaged, encumbered, rented, used, occupied, improved and conveyed subject to the following declarations, limitations, easements, restric- tions, covenants and conditions, which are imposed as equitable servitudes pursuant to a general plan for the development of the Property for the purpose of enhancing and protecting the value and desirability of the Property and every part hereof, and which shall run with the real property and be finding on Declarant and his successors and assigns, and on all parties having or acquiring any right, title or interest in or to the described Property or any part therof, their heirs, successors and assigns, and shall insure to the benefit of each owner thereof: Construction: The provisions of this Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for commercial development. Use of Lot: No Lot shall be occupied and used except for purposes by the owners, their tenants, and clients, except that Declarant, his successors or assigns. Owner's Right and Obligation to Maintain and Repair: Each Lot owner shall maintain and repair his Lot and all improve- ments thereon including painting of structures and front yard landscaping, including parkway landscaping, and surface drain- age structures, at his sole cost and expense. Damage or Destruction: If an improvement on any Lot is damaged or destroyed by fire or other casualty, the owner of such Lot shall repair or reconstruct the improvement in substantial conformance with the original plans and speci- fications, modified as may be required by applicable building codes and regulations in force at the time of such repair or reconstruction. Nuisances: No noxious, illegal, or seriously offensive activities shall be carried on upon any Lot, or any part of property, nor shall anything be done thereon which may be or may become a serious annoyance or a nuisance to or which may in any way interfere with the quiet enjoyment of each of the owners of his respective Lot. Drainage: Paved areas on each Lot shall be graded to provide surface water drainage to 34th street via the 24 foot wide access easement centered on the common Lot line. Drainage structures shall be designed in conformance with City of Bakersfield Public Works Department Standards and may be located anywhere within the 24' wide easement. Page 2 aoox 6578 PACE 0918 Pests: No Owner shall permit any thing or condition to exist on any portion of the Property which shall induce, breed or harbor infectious or contagious diseases or noxious insects or vermin. Garbage and Refuse Disposal: All shall be regularly removed from t h not be allowed to accumulate upon which render such Lot unsanitary, detrimental to any Property in the occupants of any such Property in garbage and other waste shall not containers. All equipment of the such materials shall be kept in a and shall be screened from view of rubbish, trash and garbage e Lots, and trash shall any Lot within the Property unsightly, offensive or vicinity thereof or to the such vicinity. Trash, be kept except in sanitary storage of disposal of clean and sanity condition, neighboring Lots and streets. Mineral /Oil Excavation: No portion of the surface of sub- surface to a depth of five hundred (500) feet below the surface of any Lot within the Property shall be used in any manner to explore for or to remove any oil or other hydrocarbons, minerals of any kind, gravel, earth or any earth substance. No machinery or equipment of any kind shall be placed, operated or main- tained upon any Lot, except such machinery or equipment as is usual and customary in connection with the use, repair and maintenance of a private residence. Utilities: Whenever utility facilities are installed within the Property, which utility facilities serve more than one (1) Lot, the owner of each Lot served by the utility facilities shall be entitled to the full use and enjoyment of such portions of the utility facilities as services his Lot, and has all rights of egress, ingress, inspection, maintenance, and repair of such utility facilities. Governmental Approval: Before commencement of any alteration or improvements, the Owner shall comply with all appropriate governmental laws and regulations. Invalidity of Any Provision: Should any provision of this Declaration or portion hereof be declared invalid or in conflict with any law of the Jurisdiction where this Property is situated, the validity of all other provisions and portions hereof shall remain unaffected and in full force and effect. Amendments: Prior to close of escrow on the sale of the second Lot, Declarant may amend this Declaration. After sale of the second Lot, this Declaration may be amended only by mutual consent of both Lot owners by their execution of any instrument amending same, which instrument shall make appropriate reference to this Declaration and any amendments thereto, and which instru- ment shall be acknowledged and recorded in the office of the County Recorder of said County. In the event a Lot is owned by more than one owner, any one of the co- owners may sign such instrument on behalf of all such co- owners. Page 3 BOOK 6578 Cut 0919 Signs: Signs may be displayed to the public view on any Lot or on any portion of the Property provided they comply with the City of Bakersfield Zoning Ordinance Sign Requirements. Rights of Lenders: No breach of any of the covenants, condi- tions and restrictions herein contained, nor the enforcement of any lien provisions herein, shall render invalid the lien of any mortgage on any Lot made in good faith and for value, but all of said covenants, conditions and restrictions shall be binding upon and effective against any owner whose title is derived through foreclosure or trustee's sale, or other- wise. Termination of Responsibility fo Declarant: In the event Declarant shall convey all of its rights, title and interest in and to the Property to any partnership, individual or individuals, corporation or corporations, then and in such event, Declarant shall be relieved of the performance of any further duty or obligation hereunder, and such partnership, individual or individuals, corporation or corporations shall be obligated to perform all such duties and obligations of the Declarant. Fair Housing: No owner shall, either directly or indirectly, forbid or restrict the conveyance, encumbrance, leasing, or mortgaging, or occupancy of his Lot to any person of a speci- fied race, sex, age, marital status, color, religion, ancestry, physical handicap or national origin. Singular and Plural, Gender: The singular and plural number and masculine, feminine and neuter gender shall each include the other where the context requires. Deng FFa Fong, M.D. by Deng Fa Fong, M.D. Parses d 1