HomeMy WebLinkAboutMD 1-02 7985 Rosedale HwyRecording 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
MD 1-02
Jon Lifquist, Assessor -Recorder sR
Kern County Official Records 6/30/2020
02:48 PM
Recorded Electronically by:
017 City of Bakersfield City Clerk
DOC#: 220084769 Stat Types: 1 Pages: 5
FEES .00
1111111111111111111111 TAXES .00
OTHER .00
220084769 PAID .00
THIS SPACE FOR RECORDER'S USE ONLY
Existing Legal: See Attached Exhibit '$'
Map or Project Number: SPR # 19-0426
ATN s : 368-060-69-00-0
COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT
THIS COVENANT is executed on ('W,?, 2+ 20,W by
In -N -Out Burgers, a California Corporation , 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 $223.78 per equivalent dwelling unit, based on fiscal year 2019-2020 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
Owner(s)/Developer(s): City of Bakersfield:
In -N -Out B gers, a California Corporation
Carl Arena
Vice President of Real Estate Stuart Patteson, Assist. Public Works Director
NOTE: All owner(s)/developer(s) signatures must be notarized.
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: In -N -Out Burgers, a California Corporation
Property description: 7985 Rosedale Hwy / ATN: 368-060-69-00-0
(Address &tor ATN(s))
The individual annual assessments for fiscal year 2019-2020 shall not exceed $ 223.78
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 Yes
property within the Consolidated Maintenance
District and levy an assessment not to exceed O No
the amount set forth above?
Owner Signature:(I [
Of j'.
Carl Arena
Title (ifrepresenting owner): Vice President of Real Estate — In -N -Out Burger
Date: e/
EXHIBIT "B"
Real property in the City of Bakersfield, County of Kern, State of California, described as follows:
PARCEL 1:
PARCEL 4 OF AMENDED PARCEL MAP 10236, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN,
STATE OF CALIFORNIA, AS MAP RECORDED FEBRUARY 27, 1998 IN BOOK 49, PAGE 100 OF PARCEL
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM A PORTION OF PARCELS A, 1, 2, 3, 4 AND 9 ALL OIL, GAS AND OTHER
HYDROCARBON SUBSTANCES IN OR UNDER SAID LAND AND RESERVING TO THE OWNERS
THEREOF, THE RIGHT TO EXTRACT AND REMOVE THE SAME; PROVIDED HOWEVER, THAT NO
DIGGING OR DRILLING FOR OR EXTRACTION OR REMOVAL OF ANY OF SAID SUBSTANCES SHALL
BE CONDUCTED ON, FROM OR THROUGH THE SURFACE OF SAID LAND NOR SHALL ANY OF SAID
OPERATIONS BE CONDUCTED BELOW THE SURFACE OF SAID LAND IN SUCH A MANNER AS TO
INTERFERE WITH THE USE THEREOF BY THE UNITED STATES OR INTERFERE WITH OR ENDANGER
THE FACILITIES OF THE UNITED STATES ON SAID LAND, AS EXPECTED IN THE ORIGINAL DECREE
OF DECLARATION OF TAKING RECORDED JUNE 14, 1950 IN BOOK 1710, PAGE 8 OF OFFICIAL
RECORDS.
ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE CITY OF BAKERSFIELD BY
DOCUMENT RECORDED JUNE 19, 2020 AS INSTRUMENT NO. 220078431 OF OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM ALL OIL, GAS AND OTHER MINERALS CONTAINED WITHIN SAID
LAND AS EXCEPTED AND RESERVED IN THE QUITCLAIM DEED AND AGREEMENT EXECUTED BY
KERN COUNTY LAND COMPANY, A DELAWARE CORPORATION, RECORDED MARCH 13, 1969 IN
BOOK 4256, PAGE 762 OF OFFICIAL RECORDS, WHICH DEED PROVIDES AS FOLLOWS:
EXCEPT ALL OIL, GAS AND OTHER MINERALS CONTAINED WITHIN THE PROPERTY HEREINABOVE
DESCRIBED, WHETHER NOW KNOWN TO EXIST OR HEREAFTER DISCOVERED; ALL, GAS AND
OTHER MINERAL RIGHTS BELONGING OR APPERTAINING TO SAID PROPERTY; THE EXCLUSIVE
RIGHT TO PROSPECT FOR, DRILL FOR, PRODUCE, MINE, EXTRACT AND REMOVE OIL, GAS AND
OTHER MINERALS UPON, FROM AND THROUGH SAID PROPERTY; THE EXCLUSIVE RIGHT TO
INJECT IN, STORE UNDER AND THEREAFTER WITHDRAW FROM SAID PROPERTY GAS AND OTHER
MINERALS AND PRODUCTS THEREOF WHETHER PRODUCED FROM SAID PROPERTY OR
ELSEWHERE; THE EXCLUSIVE RIGHT TO DRILL AND OPERATE WHATEVER WELLS, CONSTRUCT,
INSTALL OPERATE, MAINTAIN AND REMOVE WHATEVER OTHER FACILITIES AND DO WHATEVER
ELSE MAY BE REASONABLY NECESSARY ON AND IN SAID PROPERTY FOR THE FULL ENJOYMENT
AND EXERCISE OF THE RIGHTS SO EXCEPTED AND RESERVED; AND THE UNRESTRICTED RIGHT OF
INGRESS TO AND EGRESS FROM SAID PROPERTY FOR ALL SUCH PURPOSES; BUT GRANTOR AND IT
SUCCESSORS AND ASSIGNS, SHALL COMPENSATE GRANTEE AND ITS SUCCESSORS AND ASSIGNS,
UPON DEMAND, FOR ANY AND ALL DAMAGES CAUSED TO IMPROVEMENTS AND GROWING CROPS
UPON SAID PROPERTY BY THE ENJOYMENT OR EXERCISE OF THE RIGHTS SO EXCEPTED AND
RESERVED.
BY QUITCLAIM DEED EXECUTED BY TENNECO WEST INC., A DELAWARE CORPORATION,
SUCCESSOR TO KERN COUNTY LAND COMPANY, A DELAWARE CORPORATION, RECORDED AUGUST
26, 1978 IN BOOK 5113, PAGE 1514, OFFICIAL RECORDS, THE RIGHT TO ENTER UPON THE
SURFACE AND THE UPPER 500 FEET OF THE SUBSURFACE OF THE NORTHERLY 7.5 ACRES OF SAID
LAND FOR AND IN THE EXERCISE OF THE RIGHTS SO EXCEPTED AND RESERVED WERE
QUITCLAIMED TO TENNECO REALTY DEVELOPMENT CORPORATION, A DELAWARE CORPORATION,
AS SUCCESSOR TO STOCKDALE DEVELOPMENT CORPORATION, A CALIFORNIA CORPORATION,
WHICH QUITCLAIM DEED FURTHER PROVIDES; PROVIDED HOWEVER THAT NOTHING HEREIN
CONTAINED SHALL BE DEEMED OR CONSTRUED TO RESTRICT OR PRECLUDE THE EXERCISE OF
SUCH RESERVED RIGHTS BELOW THE UPPER 500 FEET OF SAID LAND. BY WAIVER OF SURFACE
ACCESS WAIVER AGREEMENT RECORDED SEPTEMBER 13, 1995 AS INSTRUMENT NO. 95-112333,
OFFICIAL RECORDS, ALL RIGHTS OF SURFACE ACCESS FOR OIL, GAS AND MINERALS DRILLING OR
EXPLORATION FROM THE SURFACE OF THE EARTH TO A DEPTH OF 500 FEET BELOW THE
SURFACE WERE WAIVED.
PARCEL 2:
APPURTENANT NON-EXCLUSIVE EASEMENTS FOR VEHICULAR AND PEDESTRIAN TRAFFIC AND
PUBLIC AND PRIVATE UTILITY PURPOSES AS DEFINED IN AND PURSUANT TO "DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS AND RESERVATIONS OF EASEMENTS" RECORDED
]UNE 27, 1997 AS INSTRUMENT NO. 97-85339 AND AMENDED AND RESTATED BY AN INSTRUMENT
ENTITLED "AMENDED AND COMPLETELY RESTATED DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS AND RESERVATION OF EASEMENTS FOR ROSEDALE-BAKERSFIELD BUSINESS
COMPLEX" RECORDED APRIL 23, 1999 AS INSTRUMENT NO. 99-058119 BOTH OF OFFICIAL
RECORDS.
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 Los Angeles )
On 3=e, 9k %2p before me, Lori Brazzill, Notary Public
Date A Here Insert Name and Title of the Officer
personally appeared
Name of
who proved to me on the basis of satisfactory evidence to be the personwhose name(?+f is/are
subscribed to the within instrument and acknowledged to me that he/s executed the same in
his/herftheit authorized capacity(fes), and that by his44eW414ek signaturevon the instrument the personK,
or the entity upon behalf of which the person(�I) acted, executed the instrument.
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.
Notary PvW • CalgemU
LOS AnOaNs County c'��
CommRslon r 217607
M Comm.E Nes Jan IC. 2021 Signature *Oep
Signatur af4otary Public
Place Notary Seal Above
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 D cument
Title or Type of Document: 11
Document Date:5 7W
Signer(s) Other Than Named Above:
Capacity(lies) Claimed b Signer(s)
Signer's Name:
12 Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:.
Number of
Signer's Name: 14im
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee Guardian or Conservator
j, Other: V G r
Siger Is Rep VW
nremntin�:
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02015 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907