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Home My WebLink AboutPARCEL C LLA 105-00Recording requested by and when recorded mail to: City of Bakersfield Department of Public Works 1501 Truxtun Avenue Bakersfield, CA 93301 �a�cel C L1� IC�-oo Odd ��3��lto Space for Recorder's Use Only CITY OF BAKERSFIELD Bakersfield, California COVENANT REQUIRING ANNEXATION THIS COVENANT is executed on April 18, 2001 by DOUGLAS FOX and MIRIAM K. FOX, ANGELO G. ZUNINO and LORRAINE G. ZUNINO, and LEO A. STOCKLI JR., Trustee of the Leo A. Stockl i J r. Family Trust dated May 11, 19951, hereinafter "Owner(s)", in connection with the extension of sewer service to the herein -described property, located in an unincorporated area of the County of Kern. The real property herein -described has been granted sewer service by the City of Bakersfield, even though the property is not located within the City. As a condition of extension of said sewer service to this property, the property shall be annexed into the City of Bakersfield as soon as it may be included in an annexation which is contiguous to City boundaries. The right to protest such annexation is hereby waived. This covenant may not be amended or modified without the prior approval of the City of Bakersfield. This covenant shall run with the land. Property description: Parcel C as described on that Certificate of Compliance for Lot Line Adjustment No. 105-00, recorded March 21, 2001, as Document No. 0201036176, Official Records. OWNER(S) CITY OF BAKERSFIELD DOUG tFOX IRIAM K. FOX C/ ANGELO G. ZUNINO L'ORRAINE G. ZUNINO LE A. STOCK i JR., "Trustee of the Leo A. Stockli Jr. Family Trust dated May 11, 1995 NOTE: Owner's signatures must be notarized. S:TROJECTS\OutSewer\Fox, et al cov of annexation.wpd Jacques R. LaRochelle Interim Public Works Director L 1 --Wo • • • • 1,11 11111 1 111 STATE OF CALIFORNIA SS. COUNTY OF Kern On April 18 , 2001 , before me, the undersigned, a Notary Public in and for said State, personally appeared Douglas Fox, Miriam K. Fox, Angelo G. Zunino, Lorraine G. Zunino and Leo A. Stockli Jr. personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/subscribed to the within instrument and acknowledged to me that he/she/texecuted the same in his/her/tauthorized capacity(ies), and that by his/her/dQ- signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature UT -D25 (rev. 4/94) FOR NOTARY SEAL OR STAMP COMM.jr D. COODEY #1258256 ' - NOTAny PUBLIC - CkIFORMA KERN COUNT • ..* My Com. Exp. 23.2004 AMENDED EXHIBIT E AGREEMENT SECURED BY DEED OF TRUST This agreement entered into this 6th day of April 2001 between the city of Bakersfield (City) and DOUGLAS FOX and MIRIAM K. FOXY ANGELO G. ZUNINO and LORRAINE G. ZUNINO, and LEO A. STOCKLI JR., Trustee of the Leo A. Stockf i Jr. Family Trust dated May 11, 1995 (Owner) is made pursuant to the following terms and conditions: 1. City is the owner of a sewer plant with a connecting trunk line to the plant that terminates on the east side of South H Street, just south of Hosking Road. 2. Owner owns a property which Owner desires to connect to City's sewer system. Owners property is Parcel C as described and shown on that Certificate of Compliance for Lot Line Adjustment No. 105-00, recorded March 21, 2001, as Document #0201036176, Official Records, in the Office of the Kern County Recorder, attached hereto and made a part hereof. 3. A sewer connection fee is required by City when any property connects to sewer. With properties within the City limits, City is assured that the connection fee will be paid. Owner's property does not presently lie within City boundaries, ( although Owner is concurrently with this agreement executing a "Covenant Requiring Annexation" wherein Owner covenants not to protest any future annexation). 4. Owner recognizes that all costs of whatever kind or nature for establishing a sewer line to Owner's property will be paid by Owner (in conjunction with other owners of neighboring properties). Owner's property is presently undeveloped and itis Owner's desire to not pay any sewer connection fees until the sewer is actually needed and a building permit is requested. 5. City desires to insure that Owner will pay the required sewer connection fee when Owner connects to the sewer and Owner has promised and committed to pay said fee. The fee to connect Owners property to the sewer is estimated to be $10,044.00 (which is approximately $5400 per acre). The exact amount of the fee will be determined at the time of connection as per the City's requirements and a greater or lesser amount that the above mentioned figure will be paid by Owner at the time. 6. In order to insure payment by Owner of the required connection fee when Owners property is developed, Owner is concurrently with the execution of this agreement executing a Deed of Trust which will be recorded in Kern County and which will SA\AGREMNTS\2001\Secured by Deed of Trust 3.wpd secure to City the performance of all of Owner's obligations under this agreement. To further insure payment of the connection fee, the Deed of Trust will show a face amount of monies owed by the Owner to City of $10,098.00 . No interest will be charged on this amount, but said amount will all be due and owing on September 25, 2012. In the event Owner connects to the sewer and pays the required connection fee prior to September 25, 2012, City shall request that the trust deed be reconveyed. In the event Owner has not connected to the sewer by said date, Owner shall immediately pay City said amount which shall be considered payment in full for the sewer connection fee and City shall request that the trust deed be reconveyed. In the event Owner does not fulfill any and all terms of this agreement, City may exercise any legal rights to effect collection or enforcement either at law or pursuant to the terms of the trust deed. CITY OF BAKERSFIELD Jacques R. La Rochelle Interim Public Works Director S:\AGREMNTS\2001\Secured by Deed of Trust 3.wpd DOUGLAS FOX and MIRIAM K. FOX, ANGELO G. ZUNINO and LORRAINE G. ZUNINO, and LEO A. STOCKL JR., Trustee of the Leo A. Stockl i Jr. Family Trust dated May 11, 1995 OWNER BY: .� Douglas x Miriam K. Fox S Angell p. ink/ � Lorraine G�Zuniiio LEO A. STOCKLI JR., Trustee of the Leo A. Stockli Jr. Family Trust dated May 11, 1995 n AMENDED EXHIBIT E AGREEMENT SECURED BY DEED OF TRUST This agreement entered into this 6th day of April 2001 between the city of Bakersfield (City) and Olen W. Arnold &Carolyn P. Arnold Co -Trustees of Arnold Trust (Owner) is made pursuant to the following terms and conditions: 1. City is the owner of a sewer plant with a connecting trunk line to the plant that terminates on the east side of South H Street, just south of Hosking Road. 2. Owner owns a property which Owner desires to connect to City's sewer system. Owners property is legally described on Exhibit A and attached hereto. 3. Owner has recorded a Certificate of Compliance for Lot Line Adjustment 105-00, on March 21, 2001, Document #0201036176, with the County of Kern to adjust the boundaries of above said property, a copy of which is attached and made part of this agreement. 4. A sewer connection fee is required by City when any property connects to sewer. With properties within the City limits, City is assured that the connection fee will be paid. Owner's property does not presently lie within City boundaries, ( Owner previously executed a "Covenant Requiring Annexation" wherein Owner covenants not to protest any future annexation). 5. Owner recognizes that all costs of whatever kind or nature for establishing a sewer line to Owner's property will be paid by Owner (in conjunction with other owners of neighboring properties). Owner's property is presently undeveloped and it is Owner's desire to not pay any sewer connection fees until the sewer is actually needed and a building permit is requested. 6. City desires to insure that Owner will pay the required sewer connection fee when Owner connects to the sewer and Owner has promised and committed to pay said fee. The fee to connect Owners property to the sewer prior to the Lot Line Adjustment is estimated to be $17,982.00 (which is approximately $5400 per acre). The exact amount of the fee will be determined at the time of connection as per the City's requirements and,a greater or lesser amount that the above mentioned figure will be paid by Owner at the time. 7. In order to insure payment by Owner of the required connection fee when Owners property is developed, Owner, with the execution of the original agreement dated September 25, 1997, executed a Short Form Deed of Trust which was recorded SAAGREMNTS\2001\Secured by Deed of Trust 2.wpd EXHIBIT E (CONTINi1EDl AGREEMENT SECURED BY DEED OF TRUST PAGE 2 February 4, 1999, as Document #0199015364, Official Records, in the office of the Kern County Recorder, and which secured to City the performance of all of Owner's obligations under the agreement. To further insure payment of the connection fee, the Deed of Trust showed a face amount of monies owed by the Owner to City of $17,982.00 . 8. As a result of the above-mentioned Lot Line Adjustment, Owner desires to sell Parcel C shown on said Certificate and desires to have the deed of trust reconveyed, with a new deed of trust encumbering Parcel A . 9. Now therefore, City agrees to reconvey the original deed of trust showing a face amount of $17,982.00, and Owner agrees to provide a deed of trust to ensure payment of the connection fees for Parcel A . The deed of trust is to show a face amount of monies owed by the Owner to City of $4,415.00. 10. No interest will be charged on this amount, but said amount will all be due and owing on September 25, 2012. In the event Owner connects to the sewer and pays the required connection fee prior to September 25, 2012, City shall request that the trust deed be reconveyed. In the event Owner has not connected to the sewer by said date, Owner shall immediately pay City said amount which shall be considered payment in full for the sewer connection fee and City shall request that the trust deed be reconveyed. In the event Owner does not fulfill any and all terms of this agreement, City may exercise any legal rights to effect collection or enforcement either at law or pursuant to the terms of the trust deed. CITY OF BAKERSFIELD Jacques R. La Rochelle Interim Public works Director SAIAGREMNTS1200I\Secured by Deed of Trust 2.wpd THE ARNOLD REVOCABLE TRUST DATED OCTOBER 5. 1993 OWNER _ F BY: Olen W. mold Co -Trustee BY: �b arolOL.-Arnold Co -Trustee Y AMENDED EXHIBIT E AGREEMENT SECURED BY DEED OF TRUST This agreement entered into this 6th day of April 2001 between the city of Bakersfield (City) and Olen W. Arnold & Carolyn P. Arnold Co -Trustees of Arnold Trust (Owner) is made pursuant to the following terms and conditions: l . City is the owner of a sewer plant with a connecting trunk line to the plant that terminates on the east side of South H Street, just south of Hosking Road. 2. Owner owns a property which Owner desires to connect to City's sewer system. Owners property is legally described on Exhibit A and attached hereto. 3. Owner has recorded a Certificate of Compliance for Lot Line Adjustment 105-00, on March 21, 2001, Document #0201036176, with the County of Kern to adjust the boundaries of above said property, a copy of which is attached and made part of this agreement. 4. A sewer connection fee is required by City when any property connects to sewer. With properties within the City limits, City is assured that the connection fee will be paid. Owner's property does not presently lie within City boundaries, ( Owner previously executed a "Covenant Requiring Annexation" wherein Owner covenants not to protest any future annexation). 5. Owner recognizes that all costs of whatever kind or nature for establishing a sewer line to Owner's property will be paid by Owner (in conjunction with other owners of neighboring properties). Owner's property is presently undeveloped and it is Owner's desire to not pay any sewer connection fees until the sewer is actually needed and a building permit is requested. 6. City desires to insure that Owner will pay the required sewer connection fee when Owner connects to the sewer and Owner has promised and committed to pay said fee. The fee to connect Owners property to the sewer prior to the Lot Line Adjustment is estimated to be $17,982.00 (which is approximately $5400 per acre). The exact amount of the fee will be determined at the time of connection as per the City's requirements and a greater or lesser amount that the above mentioned figure will be paid by Owner at the time. 7. In order to insure payment by Owner of the required connection fee when Owners property is developed, Owner, with the execution of the original agreement dated September 25, 1997, executed a Short Form Deed of Trust which was recorded S A\AGREMNTS\200 I \Secured by Deed of Trust 4.wpd EXHIBTT E (CONTINUED AGREEMENT SECURED BY DEED OF TRUST PAGE 2 February 4, 1999, as Document #0199015364, Official Records, in the office of the Kern County Recorder, and which secured to City the performance of all of Owner's obligations under the agreement. To further insure payment of the connection fee, the Deed of Trust showed a face amount of monies owed by the Owner to, City of $17,982.00 8. As a result of the above-mentioned Lot Line Adjustment, Owner desires to sell Parcel C shown on said Certificate and desires to have the deed of trust reconveyed, with a new deed of trust encumbering Parcel B . 9. Now therefore, City agrees to reconvey the original deed of trust showing a face amount of $17,982.00, and Owner agrees to provide a deed of trust to ensure payment of the connection fees for Parcel B The deed of trust is to show a face amount of monies owed by the Owner to City of $3,523.00. 10. No interest will be charged on this amount, but said amount will all be due and owing on September 25, 2012. In the event Owner connects to the sewer and pays the required connection fee prior to September 25, 2012, City shall request that the trust deed be reconveyed. In the event Owner has not connected to the sewer by said date, Owner shall immediately pay City said amount which shall be considered payment in full for the sewer connection fee and City shall request that the trust deed be reconveyed. In the event Owner does not fulfill any and all terms of this agreement, City may exercise any legal rights to effect collection or enforcement either at law or pursuant to the terms of the trust deed. CITY OF BAKERSFIELD Jacques R. La Rochelle Interim Public Works Director S:\AGR.EMNTS\200 Mecured by Deed of Trust 4.wpd THE ARNOLD REVOCABLE TRUST DATED OCTOBER 5. 1993 OWNER If A BY: O . A old Co -Trustee B • Carolyn :-Arnold Co -Trustee