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Home My WebLink AboutMD 4-69 PMM 21-0134RECORDING 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 4-69. No recording fee required: exempt pursuant 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) Jon Lifquist, Assessor -Recorder LB Kern County Official Records 4/08/2022 10:02 AM Recorded Electronically by: 017 City of Bakersfield City Clerk DOC#: 222054753 StatTypes: 1 Pages: 6 FEES .00 1111111111111111111111 TAXES .00 OTHER .00 222054753 PAID .00 THIS SPACE FOR RECORDER'S USE ONLY Existing Legal: See attached legal (,Exhibit ' Map or Project Number: Parcel Merger No. 21-0134 ATN(s): 016-500-01-00-3, 016-500-02-00-6, 016-500-03-00-9 COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT THIS COVENANT is executed on N OV . a 3 1 2 6a by FM Baker, LLC, a California limited liability combanv, and YBG Baker. LLC. a Delaware limited liabilitv com-oanv. 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 $233.15 per equivalent dwelling unit, based on fiscal year 2021-2022 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: N OV • Owners' signatures attached on following page(s). City of Bakersfie d: GREGG R. STRAKALUSE Public Works Director NOTE: All owner(s)/developer(s) signatures must be notarized. SIGNATURE PAGE TO COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT FM BAKER LLC, YBG BAKER a Califo is limit d liability Aompanya Californ'a ill i By: - �,`' By: El lk . iShelton, llresidgat / HarolA Kz ACKNOWLEDGEMENT company 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 Pjt' 7 A�F % , 2021 before me, Ryan Takashima, personally appeared Elliot L. Shelton, 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(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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. Signature RYAN TAKASHIMA Notary Public • California q0 y Comm. Expires Apr 12, 2022 Los Angeles County Commission A 2234302 (Seal) ACKNOWLEDGEMENT State of County of On ," ®v �"'7 2021 before me, Il alily '-' 1 " , personally appeared Harold Kaufman, 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(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. -eettify- ENALTY OF PERJURY under the laws of the State of that the foregoing paragraph true and correct. WITNESS my hand a official seal. Signature ` "� N TORNA Commission # 50007568 Notary Public, State of New Jersey My Commission Expires DeBember 22, 2024 -litle No. 12-54112329•H-KW Locate No. CACTI 7715-7715-4541.0054112329 LEGAL DESCRIPTION EXHIBIT "B" THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF BAKERSFIEL.D, COUN IY OF KERN, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL A: APN's 016-500••02 & 03 Being a portion of Section 29, Township 29 South, Range 28 East, Mount Diablo Base and Meridian, in the City of Bakersfield, County of Kern, State of California according to the Official Plat thereof and more particularly described as follows: Commencing at the centerline intersection of Union Avenue and California Avenue per Record of Survey recorded in Record of Survey Book 14 at Page 36 in the Office of the Kern County Recorder; said point also being the Southwest corner of said Section 29; thence North 00 15' 45" East, along the centerline of Union Avenue 58.20 feet; thence departing said centerline at right angles South 89014' 15" East, 57.75 feet to the point of beginning; thence North 011 15' 45" East, 477.47 feet to the beginning of a tangent curve, concave to the Southeast having radius of 25.00 feet; thence Northeasterly 46.28 feet along said curve through a central angle of 1060 03' 48"; thence South 7311,10' 27" East, 190,42 feet; thence North 160 20' 22" Cast, 420.14 feet; thence Sou 730 40' 19" East, 470.11 feett; the�Rce North 160?0' 12" East, 396.11 fev then South 73° 3y' 38 East, 4-0.16 feet; thence South 16 20 2 West, 756.1 feet; thence North 7, 40' 1� West, 440.11 feet; thence North 160 20' 12" East, 180.06 feet; thence North 730 40' 19" West, 190.01 feet; thence South 160 20' 17" West, 200,06 feet; thence South 730 40' 19" East, 166.05 feet; thence South 160 20' 12" West, 380.20 feet; thence South 890 49' 50" West, 530.21 feet to the true point of beginning. TOGETHER WITH, a portion of Section 29, -Township 29 South, Range 28 East, Mount Diablo Base and Meridian, in theCity of Bakersfield, County of Kern, State of California according to the Official Plat thereof and more particularly described as follows: Commencing at the intersection of centerline of Butte Street and Inyo Street; thence North 730 40' 19" West along the centerline of Butte Street, 108.00 feat; thence South 160 19' 41" West 20.00 feat; thence South 730 40' 19" East, 84.69 feet to the beginning of a non -tangent curve concave to the North having a radius of 92.00 feet, the radial line of said curve bears North 9" 13' 36" West, said point also being the true point of beginning; thence Northwesterly 62.43 feet along said curve through a central angle of 380 52' 55"; thence South 160 20' 12" West, 43,31 feet; thence North 739 40' 19" West, 43.31 feet to the true point of beginning. ALSO TOGETHER WITH, a portion of Section 29, Township 29 South, Range 28 East, Mount Diablo Base and Meridian, in the City of Bakersfield, County of Kern, State of California according to the Official Plat thereof and more particularly described as follows: Commencing at the intersection of Alpine Street and Sonora Street; thence North 160 20' 22" East along the centerline of Sonoma Street 99.72 feet; thence South 73' 39' 38" East, 30.00 feet; thence South 160 20' 22" West, 62.27 feet to the beginning of a non -tangent curve concave to the North having a radius of 111.00 feet, the radial line of said curve bears North 580 13' 56" West, said point also being the true point of beginning; thence Southwesterly 114,55 feet along said curve through a central angle of 59" 07' 17"; thence South 730 40' 27" East, 71.45 feet; thence North 161 20' 22" East, 77,45 feet to the true point of beginning. PARCEL B: APN 016-500-01 Being a portion of Section 29, *Township 29 South, Range 28 East, Mount Diablo Base and Meridian, in the City of Bakersfield, County of Kern, State of California according to the Official Plat thereof and more particularly described as follows: COMMENCING, at the centerline intersection of Alpine Street & Inyo Street., per Record of Survey recorded in Record of Surveys Book 14 at Page 36, in the Office of the Kern County Recorder; EXHIBIT "A" (continued) Title No, 12-54112329-1•i-KW Locate No. CACT[7715-7715.4541-0054112329 Thence, departing said centerline intersection at right angles North 730 39' 48" West, 24.00 feet to the POINT OF BEGINNING; Thence, North 73' 40' 19" West, 166.05; Thence, North 161 20' 17" West, 200.06 feet; Thence, South 73° 40' 19" East, 190.04 feet; Thence, South 160 20' 12" West, 180.06 feet; Thence, North 730 40' 19" West, 24.00 feet; Thence, South 161 20' 12" West, 20.00 feet: to the TRUE POINT OF BEGINNING, APN: 016-500-02 & 03, 016-500-01 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 FM Baker, LLC, a California limited liability company Property Owner: YBG Baker, LLC, a Delaware limited liability company Property description: 100 E. California Avenue / ATN: 016-500-01-00-3 016-500-02-00- 6, 016-500-03-00-9 (Address &/or ATN(s)) The individual annual assessments for fiscal year 2021-2022 shall not exceed $ 233.15 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? FM Baker, LLC, a Califo is limit Hi y co 'pan �WA E fi 1elfcj,'Prelideht YBG Baker, LLC, a Delaware limited liability company 1-Iarold Kaufman, Manager 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 FM Baker, LLC, a California limited liability company Property Owner: YBG Baker, LLC, a Delaware limited liability company Property description: 100 E. California Avenue / ATN: 016-500-01-00-3, 016-500-02-00- 6, 016-500-03-00-9 Address i; ATN s The individual annual assessments for fiscal year 2021-2022 shall not exceed $ 233.15 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 amomit set forth above? FM Baker, LLC, a California YBG E limited liability company limited Elliot L. Shelton, President Harold