HomeMy WebLinkAboutMD 2-57 Tract 7256Recording 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
"b 2 —5-7
Existing Legal: See Attached Exhibit "B"
Map or Proiect Number: Tract 7256
ATN s : 523-540-01
James W. Fitch Assessor— Recorder
Kern County Official Aecords
Recorded at the request of
Public
DOC#: 0214076367
THIS SPACE FOR RECORDER'S USE ONLY
TAVERAE
7/03/2014
9:13 AM
$tat Types: 1 Pages: 5
Fees 0.00
Taxes 0.00
Others 0.00
PAID $0.00
COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT
THIS COVENANT is executed on 1 12-111 j by
Castle & Cooke California, Inc., a California corp. , 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 $197.97 per equivalent dwelling unit, based on fiscal year 2013-2014 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 W
,ers-d-e—&-10ooke alifornia, Inc.,
Calif a co p ration
1
Print Name:
Title: S V
NOTE: All owner(s)/developer(s) signatures must be notarized.
City of Bakersfield:
Raul M. Rojas, Public Works Director
STATE OF CALIFORNIA )
)ss.
COUNTY OF KERN )
On January 29, 2014, before me, Charlotte L. Jones, Notary Public, personally appeared
Scott R. Thayer and Patrick J. Henneberry, who proved to me on the basis of satisfactory
evidence to be the persons whose names are subscribed to the within instrument and
acknowledged to me that they executed the same in their authorized capacities, and that
by their signatures on the instrument the persons, or the entity upon behalf of which the
persons 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.
CHARLOTTE L. JONES
Commission #E 2040673
Notary Public - California
Kern County
ignature My Comm. X01t Oct 17
LEGAL DESCRIPTION
EXHIBIT "B"
ADJUSTED LOT 1 OF LOT LINE ADJUSTMENT NO. 09-0783 AS PER CERTIFICATE OF COMPLIANCE RECORDED
DECEMBER 30, 2009 AS DOCUMENT NO. 0209190098 OF OFFICIAL RECORDS, BEING AN ADJSTMENT OF
LOTS A AND B OF LOT LINE ADJUSTMENT NO. 08-1026 AS PER CERTIFICATE OF COMPLIANCE RECORDED
OCTOBER 9, 2008 AS DOCUMENT NO. 0208159588 OF OFFICIAL RECORDS, AND PARCELS 1 AND 2 OF THE
GRANT DEED RECORDED FEBRUARY 26, 2008 AS DOCUMENT NO. 0208028336 OF OFFICIAL RECORDS, ALSO
BEING PORTIONS OF SECTIONS 10 AND II OF TOWNSHIP 30 SOUTH, RANGE 26 EAST, M.D. M., IN THE CITY
OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLATTHEREOF,
THE LEGALS OF WHICH ARE HEREBY INCORPORATED BY REFERENCE HERETO AS THOUGH FULLY SET
FORTH HEREIN.
EXCEPT from that portion of said land lying within said section 11, all oil, gas and other hydrocarbons, and all
other minerals of whatever kind or character (all herein collectively called "minerals"), whether now known to
exist or hereafter discovered (it being intended that the word "minerals" as used herein shall be defined in the
broadest sense of the word and shall include, but not be limited to, oil, gas,other hydrocarbons, sand, gravel,
stone, pumice, pumicite, cinders, clay, and all other common materials, and all other mineral substances and
products, both metallic and nonmetallic, solid, liquid, or gaseous), which are upon, in, under or may be
produced from the subject property; all salt water, brines, and geothermal resources, which are in, under or,
may be produced from the subject property; the exclusive right, by whatever methods now or hereafter
known, as Grantor or its successors or assigns may deem advisable, to prospect for, investigate for, explore
for, drill for, produce, mine, extract, remove and reduce to possession and ownership, all such minerals, salt
water, brines and geothermal resources, which are upon, in, under or may be produced from the subject
property; the nonexclusive right to drill into and through the subject property to explore for and thereafter
produce and extract minerals, salt water, brines, and geothermal resources which may be produced from
adjacent property; the right to lay, construct, erect and place upon and in the subject property, and use,
maintain and operate thereon and thereafter remove, all buildings, tanks, plants, machinery, fixtures,
equipment, pipelines, telephone lines, electric power lines, roads, power houses and other structures and
facilities as Grantor or its successors or assigns may reasonably deem advisable, for the exercise and
enjoyment of the rights excepted herefrom; the nonexclusive right to treat, process (but not refine), store
upon and remove from the subject property such minerals, salt water, brines and geothermal resources; the
exclusive right to produce and extract such minerals by repressuring the subsurface sands and strata with
fluids or gases or by such other method or methods as Grantor or its successors or assigns may deem
advisable, and to inject in and store and thereafter remove such fluids and gases, whether or not indigenous
to the subject property; the right at all times, without charge, to investigate for, explore for, drill for, produce,
remove and reduce to possession and ownership, those quantities of fresh water from aquifers underlying the
subject property reasonably deemed necessary by Grantor or its successors or assigns to use in prospecting,
exploring, drilling, mining, producing, extracting and removing (including, but not limited to use in unit
operations, waterflood, thermal, or other secondary recovery methods now or hereafter known), or other
operations in connection with the full enjoyment and exercise of the rights excepted herefrom as Grantor or its
successors or assigns reasonably deems necessary, incidental to, or convenient, whether alone or cojointly with
neighboring lands, in exploring for, producing and extracting the minerals, salt water, brines and geothermal
resources excepted herefrom, all subject to the limitation that at all times Grantor and its successors and
assigns shall conduct operations so as not to interfere with fresh water sources and water delivery facilities
from time to time maintained by Grantee or its successors or assigns; and the unlimited and unrestricted right
of access to said minerals, salt water, brines and geothermal resources and of ingress and egress to and from,
over and across the subject property for all purposes reasonably deemed advisable by Grantor or its
successors or assigns in the exercise of the rights excepted herefrom; provided, however, that the minerals
rights excepted herefrom shall not extend to and shall not include any "minerals", as heretofore defined, that
can only be extracted by surface or strip mining methods and, provided further, that Grantor, its successors
and assigns, shall have no rights to enter upon the surface or in or through the upper five hundred (500) feet
of the subsurface of the subject property in the exercise of the rights excepted herefrom, shall be subject to
the provisions contained therein, all as recited in the deed from Tenneco West, Inc., to California Harvest
Shops, recorded December 31, 1987 in Book 6081, Page 373 of Official Records, and re -recorded February 11,
1988 in Book 6093, Page 724 of Official Records.
BY "QUITCLAIM DEED " RECORDED JANUARY 26, 2012 AS DOCUMENT NO. 0212010379 OF OFFICIAL
RECORDS, ALL RIGHTS OF SURFACE ENTRY FROM THE SURFACE OF SAID SECTION 11 TO A SUBSURFACE
DEPTH OF 500 FEET WAS QUITCLAIMED.
ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LAND LYING WITHIN SAID SECTION 10, ALL OIL,
GAS AND/OR MINERAL INTEREST, FEE AND OTHER ROYALTY INTERESTS; OIL, GAS AND/OR MINERAL
LEASES AND LEASEHOLD INTERESTS; OVERRIDING ROYALTY, NET PROFITS, AND PRODUCTION PAYMENT
INTEREST; AND ANY OTHER RIGHTS TO PRODUCE AND/OR RECEIVE THE PROCEEDS OF PRODUCTION; AND
ALL OTHER RIGHTS, TITLES AND INTERESTS; IN EACH CASE INSOFAR AND ONLY INSOFAR AS THE SAME
COVER AND INCLUDE OIL, GAS AND OTHER LIQUID AND GASEOUS HYDROCARBONS, AND IN ADDITION
THERETO CARBON DIOXIDE, HYDROGEN, HELIUM, NITROGEN, METHANE, SULFUR ( IN EACH CASE IN
EITHER LIQUID OR GASEOUS FORM) AND ANY OTHER LIQUID OR GASEOUS SUBSTANCES, INERT OR
OTHERWISE, OR ANY OF THEM, AND ANY MINERALS OR OTHER SUBSTANCES PRODUCED IN ASSOCIATION
THEREWITH ("HYDROCARBONS") IN, ON OR UNDER THE PROPERTIES AS GRANTED TO TENNECO OIL
COMPANY, A DELAWARE CORPORATION, BY DEED RECORDED NOVEMBER 18, 1988 IN BOOK 6183, PAGE
1167 OF OFFICIAL RECORDS.
BY "QUITCLAIM DEED " RECORDED JANUARY 26, 2012 AS DOCUMENT NO. 0212010379 OF OFFICIAL
RECORDS, ALL RIGHTS OF SURFACE ENTRY FROM THE SURFACE OF SAID SECTION 10 TO A SUBSURFACE
DEPTH OF 500 FEET WAS QUITCLAIMED.
APN: 523-540-01-00-2
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: Castle & Cooke California, Inc., a California corporation
Property description: VTTM 7256 / APN 523-540-01
Address/land division map in process/ATN(s)
The individual annual assessments for fiscal year 2013-2014 shall not exceed 197.97
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
Consumer's 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): S V:F1 i�
Date: )
PLANNING APPLICATION PACKET -LAND DIVISION SUPPLEMENT July 15, 2013