HomeMy WebLinkAboutROI NO 2156RESOLUTION OF INTENTION NO. 2156
A RESOLUTION DECLARING INTENTION TO ADD TERRITORY,
AREA 4-268 (910 20"h Street) TO THE CONSOLIDATED
MAINTENANCE DISTRICT, PRELIMINARILY APPROVING,
CONFIRMING AND ADOPTING THE PUBLIC WORKS
DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION,
THE FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT
OF THE ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL.
(WARD 2)
WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of
Bakersfield provides for a 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 lots or parcels of property within the established
Consolidated Maintenance District ("CMD"). The assessments to be placed on parcels
within this district area reflect that portion of the cost of maintenance of a public park
and public street landscaping ("special benefit") above and beyond the basic cost
of maintenance of a public park and public street landscaping throughout the City
("general benefit");
WHEREAS, as set forth in the attached Public Works Director's Report (Exhibit
1), the property within this new district reflects that portion of the cost of maintenance
of a public street landscaping and/or public park, based on the location of said
improvements in or near said area, above and beyond the general benefit of parcels
within the City that are not part of the CMD. Each parcel within this area will be
assessed its proportionate share of special benefit based on the zoning, usage, and
size of the parcel;
WHEREAS, the property owner has requested the City Council to include the
property within the CMD pursuant to 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 CMD;
WHEREAS, it is the intention of the City Council of the City of Bakersfield to add
territory, Area 4-268 (SPR 20-0182) to the CMD. Said area is generally described in
Exhibit "B" attached hereto, to maintain local improvements including a public park
and public street landscaping;
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";
QAPROJECTS\MAINDISTVormation Documents\Area 4\MD 4-268\ROI 21S6 ADDING AREA 4-268 TO THE CMD.docx
Page 1 of 3 'ORIGINAL'
b) A map and assessment diagram of the additional territory, attached
hereto as Exhibit "B";
c) The benefit formula attached hereto as Exhibit "C";
d) A budget, attached hereto as Exhibit "D," containing the matters
specified in Section 13.04.130 of the Bakersfield Municipal Code;
e) The amount of assessment to be levied against each parcel, attached
hereto as Exhibit "E";
f) Correspondence from the property owner(s) requesting inclusion
within the CMD attached hereto as Exhibit "H";
WHEREAS, the City of Bakersfield has received a letter from the owner(s) of
the property described in Exhibit "B," 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
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, benefiting 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, 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
and Park Zones of benefit and is assessed an amount not to exceed the
amount established in Resolution No. 019-05 per equivalent dwelling unit
per year. In each subsequent year, annual assessments may increase by
the cost of living reflected in the Los Angeles -Long Beach-Anaheim/All
Urban Consumers Consumer Price Index.
Q:\PROJECTS\MAINDIST\Formation Documents\Area 4\MD 4-268\ROI 2156 ADDING AREA 4-268 TO THE CMD.docx I'__ 1rn
Page 2 of 3 'ORIGINAL
I HEREBY CERTIFY that the foregoing Resolution/Ordinance was passed and adopted,
by the Council of the City of Bakersfield at a regular meeting thereof held on
OCT 19 2022 by the following vote:
AYES: COUNCILMEMBER ARIAS, GONZALES, WEIR, SM4TH-FREEMAN, GRAY, PARLIER
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
COUNCILMEMBER
LIE DRIMAKIS, MMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
APPROVED: OCT 19 2022
By
IkAlkEN G H
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO, CITY ATTORNEY
JO HUA RUDNICK
putt' City Attorney
Attachments: Exhibit "C"
Exhibit "I" Exhibit "D"
Exhibit "A" Exhibit "E"
Exhibit "B" Exhibit "F"
Exhibit "G"
Exhibit "H"
QAPROJECTS\MAINDISTVormation Documents\Area 4\MD 4-268\ROI 2156 ADDING AREA 4-268 TO THE CMD.dooc
Page 3 of 3
r'— m
OORIGINAL�
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 4-268
Fiscal Year 2022-2023
Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is
described as 910 20'h Street and as 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 a public park and public street medians and other
public street landscaping. The improvements generally include, but are not limited to,
recreation and sports equipment including swings, slides, play structures and storage
buildings; picnic facilities including tables, benches, barbecues, trash cans, drinking fountains
and restrooms; irrigation system including water mains, sprinklers, fountains, and electrical
wires, conduits and timers; plant forms including trees, shrubs, ground cover and turf; and
sidewalks and walkways 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 streets median and other public street landscaping
improvements in the City were maintained through traditional tax revenues. Affer 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, as shown in Exhibit "B" is being added to the Consolidated Maintenance
District for the maintenance of a park and public street median and other street
landscaping. The area will be assigned appropriate park and street tiers in the Consolidated
Maintenance District so that each parcel will be assessed the same amount as other parcels
receiving a similar benefit.
All parcels within this area shall be assessed an amount not to exceed that established in
Resolution No. 019-05 per equivalent dwelling unit (as that term is defined in Exhibit "C") per
parcel. In each subsequent year, annual assessments may increase by the cost of living
reflected in the Los Angeles -Long Beach-Anaheim/All Urban Consumers Consumer Price
Index. However, parcels will not be assessed until park and/or street lao�%4V� aping have been
>- m
o EXHIBIT 1
30RIGINAL
installed. When park and/or street landscape improvements have been completed, the
appropriate park and street tier levels will be assigned, but in no case shall the assessments
exceed the amount established in Resolution No. 019-05 as escalated per the above -
described Consumer Price Index.
All parcels as described in the Benefit Formula on file with the City Clerk within the area will
be affected. Sensory benefits from installing street landscaping are aesthetic enhancement
and open space enjoyment.
A public park will benefit all the residential lots and 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, GREGG STRAKALUSE, 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 2022-2023 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 subject to be assessed to
pay the cost of maintenance and operation in said area.
Dated: a ZZ
GREGG STR ALUSE
Public Works Director
City of Bakersfield
rn
r
'ORIGINAL
EXHIBIT 1
LEGAL DESCRIPTION
Area 4-268
An area located in Section 30, Township 29, Range 28 M.D.B. & M., more
particularly described as follows:
SPR No. 20-0182
910 20th Street Bakersfield California
Containing: 0.79 Acres, more or less.
gAKF9
> m
F- r
OORIGINAL
EXHIBIT A
MAP AND ASSESSMENT DIAGRAM
FOR ADDITION OF TERRITORY
(AREA 4-268) TO THE
CONSOLIDATED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
2WSTWE
MD 4-268
b
I
0 2M srRffir
NOT TO SCALE
F-
00RI01NAL
EXHIBIT "B"
RE: MD 4-268 9-CET 1 of t
EXHIBIT "C"
CONSOLIDATED MAINTENANCE DISTRICT
CITY OF BAKERSFIELD
BENEFIT FORMULA
Each parcel joining the Consolidated Maintenance District shall be assessed the amount as defined below:
Rate:
Shall equal the dollar amount shown per the tier level of your zone of the Consolidated Maintenance
District on Attachment A "Consolidated Maintenance District Cost per Tier" as approved by City Council
Resolution 019-15. As per the Resolution, "Said amounts shall be increased annually by the cost of living
increase reflected in the Los Angeles - Riverside - Orange County / All Urban Consumers Consumer Price
Index." Tier levels for both Parks and Street Landscaping in the 5 zones of the Consolidated Maintenance
District are established by the Parks and Recreation Dept. through separate policy.
Multiplied by The number of Equivalent Dwelling Units (EDU's as defined on page 2 of this exhibit) for
(EDU): the parcel.
Multiplied by The factor for the tier level, which equals the street or tier number. This tier is assigned by
(Tier): the Parks and Recreation department for the entire area of the Consolidated
Maintenance District.
County Fee(Tier): The County of Kern Assessors Office charges a fee for each parcel added to their tax roll.
Total Assessment $_ ((Park Rate x Park Tier) x EDU)) + ((Street Rate x Street Tier) x EDU) + (County Fee)
Note: Since Proposition 218 was passed in November 1996, assessment rates for areas formed prior to
Proposition 218 have been frozen at their current rate.
Areas formed between November 1996 and January 12, 2005 shall be assessed by the terms stated on their
Proposition 218 ballot.
On January 12, 2005 the city passed Resolution 19-05 which allowed for an escalator on the maximum
assessment. Any areas formed after Proposition 218 and which have ballots which include this escalator
may be increased according to their ballot terms.
>- M
r� r-
�ORIGINAL�
EXHIBIT C
A parcel may be added to the City of Bakersfield Consolidated Maintenance District if any of the below
conditions occurs:
1. Bakersfield Municipal code 13.04.021:
"It is the policy of the city to include within a maintenance district all new developments that are subject to
the Subdivision Map Act and that benefit from landscaping in the public right-of-way and/or public parks.
Nothing shall preclude the city from requesting formation of a maintenance district, or joining a a
maintenance district, or updating the maintenance district documents as a condition of a zone change, or
general plan amendment, or grading permit, or conditional use permit, or during site plan review where
deemed necessary by the city."
2. Bakersfield Municipal Code 13.04.022 (a):
"No final map or certificate of compliance for a parcel map waiver may be recorded absent establishment
of a maintenance district to provide for all future maintenance of any landscaping in the public right-of-
way and of any public park required as a condition of approval of the development project for the area
covered by the final map or parcel map waiver."
3. City staff determines this is necessary as part of: Site Plan Review Conditions, Zone Change, a General
Plan Amendment, or a Conditional Use Permit.
Equivalent Dwelling Units (EDU) shall be assigned using the following policy. EDU's may also be adjusted
given special conditions or agreements as necessary to adequately reflect the conditions of the site at the
time of formation. Developed Parcels will be assessed by their actual units on their site as per their plans,
map, or current use.
Single Family Residential Parcels: 1 EDU per Parcel
Mobile Home Parks: 1 EDU per Space / Lot
Multifamily Residential Parcels: .71 EDU per Unit
(Commercial / Industrial / Mixed Use): 6 EDU per Acre
Undeveloped ground in its natural state will be assigned EDU's based on their zoning at max theoretical
density as used by the City of Bakersfield Planning Dept. Those densities are:
Zone EDU's per gross acre
R-1
7.26
R-2
17.42
R-3
34.85
R-4
72.6
E:
4.36
R-S
1.82
R-S-1 A
1
R-S-2.5A
0.4
R-S-SA
0.2
R-S-10A
0.1
Commercial / Industrial / Mixed Use: 6 EDU per gross acre
Agricultural: 1 EDU per gross acre
KF,9s..
m
`ORIGINAL
EXHIBIT C
MAINTENANCE DISTRICT AREA 4-268
Said assessment is made in accordance with the benefit formula attached hereto.
2022-2023
BUDGET
Gross Budget Amount Required $0.00
(City Staff Services or Contract, Supplies, Materials and Utilities)
Estimated Beginning Fund Balance(Deficit) ** $0.00
Less: City Contributions $0.00
NET AMOUNT TO BE ASSESSED $0.00
** Previous Years Deficits No Longer Carried Forward.
o1$AKtg
> m
00RIGINAI'
EXHIBIT D
MAINTENANCE DISTRICT AREA 4-268
ASSESSMENT ROLL
FISCAL YEAR 2022-2023
Assessor's Tax No. Total amount to
be collected for
FY (2022-2023)
005-312-01-00-2 $0.00
0 $0.00
0 $0.00
Total $0.00
0AKF'�,
OORIGINAI�
EXHIBIT E
RECORDING REQUESTED BY
AND FOR THE BENEFIT OF
THE CITY OF BAKERSFIELD
WHEN RECORDED MAIL TO:
CITY CLERKS OFFICE
CITY HALL
1600 TRUXTUN AVE.
BAKERSFIELD. CA 93301
MD 4-268
THIS SPACE FUR RECORDER'S USE ONLY
No recording fee required: exempt pursuant to
Government Code Section 27383
Government agency acquiring title — exempt from
Documentary Transfer Tax per R & T Code 11922
GC 27388.1(a)(1). Recorded document is expressly
exempted from payment of recording fees (FBO) Govt. agency)
Existing Legal: All of I.ots I thru 7. and the south 11.25 feet of Lot 8 in Block "Z- of the Baker Ilomestea
Addition to Bakersfield in the City of Bakersfield. C'olM of Kern. State of California, as per map recorded
February 12. 1901. in Book 1. Paec 34 of Mans, in the Office of the Countv Recorder of said land.
Map or Project Number: Site Plan Review No. 20-0182
ATN(s): 005-312-01-00-2
COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT
THIS COVENANT is executed on JLX.A Q. 22 , U3 c} by 918 Eastehester,
I.I.C. a California limited liability company. in Bakersfield. herein after referred to as CiOwmcr"). 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. I'he appropriate Strut 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
Maiority= Property Owncr(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 $244.97 per equivalent dwelling unit.. based on fiscal year 2022-2023 dollars and labor costs
of the district. In each subsequent year, annual assessments may increase by the cost of living reflected in the
Ims 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 I'his: _r /Ll,
918 1•:astchester. I J.C:
v
Austin Smith
Manager
City ofBak
c~rstul
,/,q. , �(--
Oregg Strakaluse
Public Works Director
�gAKF,�
o
t:
OORIGINAt'
NOTE: All owner(s)/developer(s) signatures must be notarized. EXHIBIT F
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
����>Fk>F>H�>Fx�x���x�x•�xr�x��Fx�x��t•�F�x��x•�ux�x�xx�x��Fx�sFet>Fx�x�x�x�x•x��>E�>E�>Fx��s�>F���>Ex�x�s�x�x�s��x�aHs���xx�>Esl:.�����s�x :��x �
Anotaxy 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 Kem
on=,-c��z before me, Lawrence Donovan Smithson, Notary Public
(Mere insert name and title of the officer)
v
personally appeared
who proved to me on the basis of satisfactory outdone to be the persoz�whose named subscribed to the
Within instrument ' and wledged to me tha h sue`/tkpf executed the same in t authorized
capacity�df, and that signaturoonr a instrument the person(o) or the entz -upon behalf of which
the perso�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 y ci official seal. LAWRENCE SMITHSON,�
Comm, #2355287
/ NQT KERN COUNTY
C&IF{}pry A �
?W Cr.,+m. Exp. Ayr, 22, 2026 t+
ofh'otaryPhblic {Notary seal)
ADDITIONAL OPUONAL INFORMATION
DESCRIPTION OF THE ATI'ACBM DOCIAMN-1'
t._.
�v ' `(Teri' or deacriptionof attached ' cum .
ilk
(TitlAor scxiptica of attached doom. eeuhnuecl)
Number of Pages __1_._ Document Date
(Additional i ,'OrrnatimII
1 C&ACITY CT..A11,Y' ED B THE SIGNER
�—IL+dividualX
o Corporate Officer
(Title)
ri Par`t=(s)
Attorney -inn -Fact
' ❑ Trustee(s)
INSTRUCTIONS. FOR COMPI.ETWCT THIS FORM
Any acknowledgment completed in Cal forma must contain verbiage exacta, as
appears above in the notary section or a separate acknowledgment form must be
properly completed and attached to that document. The only excepticn is if a
document is to be recorded aatside of Cztlifornia. In such instances, any alternative
acknowledgment verbiage as may be printed on such a document so long as the
verbiage does not, require the notary to do something that is illegal for a notary in
Cal fornia (to. certifying the authorized capacity of the signer). Please check the
document carefuilyflar proper notarial wording and attach thisform if required
• State and County information mist be the State and Comity where the document
signers) personally appeared, before the notary public for acl-nowledgramt,
• Date of notarizatienmust be the data that the signer(s) personally appeared which
must also be the satire date the a:.Jcowledgment is completed.
• The notary public must print his or her mama as it appears within his or her
commission followed bya--=maand -h=your tife(noterypublic).
• Printthe names) ofdocument meat sigaer(s) who personally appear at the dine n£
notaazatioa
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
he oWther, -6 (arn-jxrr circling the correct forms. Failure to correctly indicate this
information may lead to rejection of dcetnuert recording.
• 'The notary seal impression must be 'clear and photographioaliy reprod=,bla.
Impression must not cover text or lines. If seal impression smudges, re -seal if a
srEBclent area pc m ts, a6.--wiae conpit te a different acknouvit-dgment form.
• Sig :ague of the notary public must match ilia signature on file with the o:lioc of
the county ale&
cat Additional infiei atlon is not reQsired but could help to ensure this e A K
acknowledgment is netnamsed or attached to a different docutuent
4(
CA Indicate title or type of skarhrd t, doaumenmmnber ot pages and date. O
c�R Indicate the capacity claimed by the signer. If the claimed capacity i
corporate offiaer, indi:afe the title (i.e. (EO, CFO, Secretary). • J
Securely attach this da umn-ttothesigneddocument EXHIBIff
RECORDING REQUESTED BY
AND FOR THE BENEFIT OF
THE CITY OF BAKERSFIELD
WHEN RECORDED MAIL TO,
CiTY CLERKS OFFICE
CITY HALL
1600 TRUXTUN AVE,
BAKERSFIELD, CA 93301
NI D 4-268
THIS SPACE FOR RECORDER'S USE ONLY
No recording fee required, exempt pursuant to
Government Code Section 27383
Government agency acquiring title — exempt from
Documentary Transfer Tax per R 8 T Code 11922
GC 27388.1(a)(1): Recorded document is expressly
exempted from payment of recording fees (FBO) Gout agency)
Existing Legal: 'ill ofLots i thru 7 and the south 11.25 feet of Lot 8 in Block `L of the Baker Homestead
Addition to Bakersfield in the l"tty of Bakersfield County of Kern State of California. as ner man recorded
1-cbruary 12 1901 in Book ! Pa", 34 of MaDsin the Office of the County Recorder of said land.
Map or Project Number: Site Plan Review No 20-0182
ATN(s ): 005-312-01-00-2
COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT
THIS C0VENANI" is executed on JuLu a 3L, ?--ODag by 918 Eastchestcr,
I.I.C. a California limited liability company. in Bakersfield, herein after referred to as ("fhvncr"), 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
lkpartmcnt. Assessment is imposed in accordance with California Proposition 218 with the Consent of the
Maiority Property Owncr(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 $244.97 per equivalent dwelling unit, based on fiscal year 2022-2023 dollars and labor costs
of the district. In each subsequent year, annual assessments may increase by the cost of living reflected in the
i.os Angeles - Riverside - Orange County / All t..'rban 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. 'Ibis covenant shall run with the land.
Dated This: .017-2z 121;11
919 hastchester. 1.1 C:
Robert F. Smith
Manager
NOTE: All owner(s)tdeveloper(s) signatures must be notarized.
City of Bakersfield:
C%
Gregg Strakaluse
Public Works Director
OAK'r
EXHIBIT F voR101144L
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
Anotary 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 Kern
Lawrence Donovan Smithson, Notary Public
personally appeared
{.r
name and title of the officer)
who proved to rrle on the basis of satisfactory ovide to "be the persor>,�a whose namej,Us�a,�ubscxibed to the
within instrument "and owledged to me that e %afkklK executed the same ingn
thr authorized
capacity�e , and that bi&signaturc(ss on e instrument the persou(sj; or the entity upon behalf of which
the personXacted, executed the instnunent.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
Vdcial seal. ,� LAWRENCESMITHSONcomm. #2355287NOTARY PUBLIC • CAUFORN1A
KERN COUNTY !dy Comm. E%p• Apt. 22, 2025
ofNotaxyPLblic (A7o1ay seal)
ADDITIONAL OFfIONA:L, L'�JFORYLATLO VT
ON
DE'SCRIPTION OF T11F ikTTACIIED DOCUMFTNLT
(l:i:ie ar di:sczipticn of attaohcd d ;u-nant)
�n
(Title or description of attached document cowed)
Number of Pages A,- Document Date �07/
(Addn:donal information)
q.APACI'I'Y CLAI.MED:B"Y-' HE, SIGNER
ndividuaL(W)r
11 Corpoxato Officer
trite)
L'• Partner(s)
n Attorney-n-Pact
� Txustee(s)
n Other
LNSTRti C11ONS. FOR COMPLYFING THIS FORM
Any acknowledgment completed in Cal fornia must contain verbiage exactb) as
appears above in the notary section or a separate acknowledgmentform must %a
properly completed urd a7ached to that document, The only axcepdon is f a
document is to be recorded outside of California. In such instances, any alternative
acknowledgment verbiage as may he printed on such a document so lung as the
verbiage does rot "require the notary to do something that is idegal for a notary in
California (i.e. crxtifying the authorized capacity of the signer). Please check the
document carefullyforproper notarial warding and attach thins form ifrequired
• State and County aormaton :gust be the State and County where the document
sign er(s) personally appeared before the notary public for aciciowledgment.
• Date of notarization must be the dare that the signer(s) personally appeared which
must also bethe ssmc date the aclo;owledgmaut is completed,
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and tbasi yo r title (notarypnblic):
• Print the name(s) of document signers) who peraorally ajp carat the time of
nctmizwdon.
• Indicate the nex,eat singular or plural forms by crossing off incorrect forms (i.e.
tc c/tb.nr; islare-}+or circling the couect forms. Failure' correctly iadicate this
eZbmiatien may lead to :election of document recording.
• 'rho notary seal" impression must be blur and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a
sufficient area permits, othewisecomplete a di:5-rent acknowle dgment form.
• Signature of the notary public must match the signature on file with the o-Zize of
the county clerk.
ca Additional information is not required but could help to ensure this
ec'_mowledg meat is net misused or attaclied to a different docianect.
(A Tadicate title or type of attached document, number of pagan and date. 4� PA
ca Indicate tie Capacity claimed by the signor. If'tl a rb fined capacity is aO
cotporata n l"rcer, indicata the titlo (i.e. CEO, CFO, Secretory). • >-
Securely attaclithis document to the signed dectmient
EXHIBIT TORIG
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: 918 Eastchester, LLC, a California limited liability company
Property description: 910 20`s Street/ATN 005-312-01-00-2
(Address &/or ATN(s))
The individual annual assessments for fiscal year 2021-2022 shall not exceed S 244.97
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:
Title (if representing owner):
Date:
Austin Smith
Manager, 918 Eastchester, LLC
L I ].,, -V 11/ ,
EXHIBIT G
'ORIGINAL
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: 918 Eastchester, LLC, a California limited liability company
Property description: 910 20t' Street/ATN 005-312-01-00-2
(Address &/or ATN(s))
The individual annual assessments for fiscal year 2021-2022 shall not exceed S 244.97
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:
Robert E. Smith
Title gfrepresenting owner): Manager, 918 Eastch1es'ter, LLC
Date:
y m
EXHIBIT G 0FIlGINAL
Inclusion of a Subdivision into the Consolidated Maintenance District
918 Eastchester LLC
1424 17th St
Bakersfield, CA 93301
June 1, 2022
City of Bakersfield - Public Works Department
Attn Manpreet S Behl
1600 Truxtun Avenue
Bakersfield, California 93301
RE Inclusion of Site Plan Review No. 20-0182 in a Consolidated Maintenance
District {CMD}
We the undersigned, as owners of the property included within Site Plan Review No.
20-0182 hereby request that the property be included within the CMD. This request is in
accordance with the requirements of Bakersfield Municipal Code Section 13.04 021.
Enclosed is a check for $ 924.00 as required by the City to cover the costs of this
inclusion into the CMD If requested, our engineer will supply you with a computer disk
copy of the map for your use
We understand that under Proposition 218 and Government Code section 53753
("applicable law"), a City Council hearing will be held for purposes of including the above
property within the CMD and determining the amount of assessments. We hereby waive
our right to have a hearing within the time parameters set forth in the applicable aw We
further understand that the hearing is scheduled for 20_ at 5.15 in the
Council Chambers located at 1501 Truxtun Ave.. Bakersfield, CA 93301 We hereby
waive our right to further notice of that hearing
Respectfully.
, / 1 /1-
Al
Robert E Smith
Manager
Austin Smith
Manager
g AKF09
IT
~ r
vORIQINA r c
IN
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
County of Kern ) ss.
JULIE DRIMAKIS, 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 291h day of March 2023, she posted on the Bulletin
Board at City Hall, a full, true and correct copy of the following: Resolution of
Intention No. 2165 passed by the Bakersfield City Council at a meeting held on
the 22nd day of March 2023 and entitled:
RESOLUTION OF INTENTION NO. 2165
A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 1-135 (TENTATIVE
PARCEL MAP 12347) TO THE CONSOLIDATED MAINTENANCE DISTRICT,
PRELIMINARILY APPROVING, CONFIRMING AND ADOPTING THE PUBLIC WORKS
DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION, THE FAIRNESS OF THE
BENEFIT FORMULA, AND THE AMOUNT OF THE ASSESSMENT TO BE LEVIED AGAINST
EACH PARCEL. (WARD 4)
JULIE DRIMAKIS, MMC
City Clerk and Ex Officio of the
Council of the City of Bakersfield
SOOCUMENTFORMSV OP. ROI wp