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HomeMy WebLinkAboutRES NO 178-2022RESOLUTION NO. 17 8® 2 0 2 2 A RESOLUTION ADDING TERRITORY, AREA 4-268 (910 20th STREET) TO THE CONSOLIDATED MAINTENANCE DISTRICT; 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, the Public Works Director has filed with the City Clerk the Public Works Director's Report, including a budget, assessment formula, improvements to be maintained by the district, description of property and proposed assessments; and 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"); and WHEREAS, as set forth in the attached Public Works Director's Report (Exhibit 1), the property within this new area reflects that portion of the cost of maintenance of public street landscaping and/or a 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 its zoning and size. WHEREAS, it is the intention of the City Council of the City of Bakersfield to add Area 4-268 (SPR 20-0182) generally described in Exhibit "A" attached hereto, to the CMD, in order to maintain local improvements including street landscaping and/or a public park; and Page 1 of 4 WHEREAS, the City Council of the City of Bakersfield, State of California, heretofore by Resolution of Intention No. 2156 declared its intention to add territory to the CMD, preliminarily confirmed and approved the Public Works Director's Report, the boundaries of the proposed additional territory, the fairness of the benefit formula, and the amount of assessment to be levied against each parcel. Said additional territory shall be designated Area 4-268, as shown and designated on that certain map entitled "Map and Assessment Diagram for Addition of Territory, Area 4-268 (910 20TH Street), to the Consolidated Maintenance District, Bakersfield, California," for this fiscal year on file in the offices of the City Clerk and Public Works Director, City of Bakersfield; 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 Council hereby adds territory, Area 4-268 to the CMD and confirms and adopts the Public Works Director's Report, including the amounts of assessment for each assessed parcel. 3. Exhibits "A" and "B" describe the additional territory. 4. All parcels within this additional territory shall be 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. However, parcels will not be assessed until park and/or street landscape improvements have been installed. When park and/or street landscape improvements have been completed, the appropriate park and street tiers 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. The benefit formula (Exhibit "C"), budget (Exhibit "D"), assessment roll (Exhibit "E"), and letter from the property owner(s) requesting inclusion in the CMD (Exhibit "H") are attached hereto. 5. The Kern County Tax Collector is hereby authorized to collect such assessments. 6. Beginning in the 2022-2023 fiscal year and each fiscal year thereafter, the Public Works Director is hereby directed to prepare Page 2 of 4 `ORIGINAL an annual report, as provided in Chapter 13.04 of the Bakersfield Municipal Code, and file it with the City Clerk within the time allowed for placement of assessments on the County tax rolls for the applicable fiscal year. Upon filing of the annual report, the Clerk shall set a hearing before the City Council and give Notice of Hearing in the manner prescribed in Chapter 13.04 of said code. 7. The City Council hereby reserves the right to perform the work of maintenance and operation of the public improvements by City forces or by private contractor. Such determination and election is to be made for each year at the time the budget and assessment is approved for the year in question. Page 3 of 4 I HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on NOV 0 2 2022 by the following vote: A EN: COUNCILMEMBER ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, PARLIER NNGE!t: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER $,�& 2�" J LIE DRIMAKIS, MMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: NOV 0 2 2022 By \710( A "­& IRAR-EN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO, CITY ATTORNEY qep ? �HUA RUDNICK uty City Attorney Attachments: Exhibit "C" Exhibit "G" Exhibit "1" Exhibit "D" Exhibit "H" Exhibit "A" Exhibit "E" Exhibit "B" Exhibit "F" Page 4 of 4 o 00RIGINAL 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 20th 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. After 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 landscaping have qe66`-Z s o �= �- rr EXROTAT 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: GREGG STRAKALUSE Public Works Director City of Bakersfield � m 00RIGINAI.o 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. *:4:u `ORIGINAL i N � 0 NOT TO SCALE MAP AND ASSESSMENT DIAGRAM FOR ADDITION OF TERRITORY (AREA 4-268) TO THE CONSOLIDATED MAINTENANCE DISTRICT . BAKERSFIELD, CALIFORNIA WTSIREET 27H UrFEEr ` 6 44.66 NW EXHIBIT 13Pr r O nE: MD 4-268 s¢T 1 ORIQ NAL 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. EXHIBITT `ORIGINAL 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 EXH I BIIT�GK�:;� F- r `'ORIGINAL 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) ** Less: City Contributions NET AMOUNT TO BE ASSESSED ** Previous Years Deficits No Longer Carried Forward. $0.00 $0.00 a,� H EXHIBIT,,,,V m f- r ORIGINAL o 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 �OAK�i EXHIBI'E 'ORIGINALQ 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 NID 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 & T Code 11922 GC 27383.1(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 soudl 11.25 feet of Lot 8 in Block -Z- of the Baker Ilomestead Addition to Bakersfield in the City of Bakersfield. County of Kern. State of California. as per map recorded Fcbruatti, 12. 1901. in Book 1. Paae 14 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 D1SC:LOSING INCLUSION IN MAINTENANCE DISTRICT 'I'llIS COVENANT is executed on J tt,� -,I-Olt / Uc - by 918 Eastchester, LI.C. a California limited liability company, in Bakersfield, herein after refei-red to as ("Owner"). in connection with the Consolidated 141aintcnancc 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 vNithin the district. The appropriate Street and Park Tiers will be assigned by the Parks and Recreation Dcpartnicnt. Assessment is imposed in accordance with California Proposition 218 with the Consent of the N lajority Property Owner(s) as can be seen can the ballot cast and attached as F?xhihit'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 $244.97 per equivalent dwelling unit. based in fiscal year 2022-2023 dollars and labor costs of the district. In each subsequent year. annual assessments may increase by the cost of living reflected in the I ms Angeles - .Riverside - Orange County I All Urban Consumers Consumer Price Index. (See Bakersfield City Council Resolution No. 019-05.) This covenant may not be amended or modified without the prior approval of the City of Bakersfield. This covenant shall run with the land. Dated I his: 918 Iastchestcr, I,LC: Austin Smith Manages` NOTE: All owner(s)ldeveloper(s) signatures must be notarized. City of Bakerstiel 1: 4 ` Gregg Strakaluse Public Works Director �gAKF2 o sT OORIGINO EXHIBIT F �--11 n ry � C,sA�-LII+' �t NIOF .�.. y��'NI..�=/�P���j DGMENT OSE :F:$:F:�ot:i �FX>F4C�F'iF:FSF�F?ESE�:F:FYr�E>b:� >FYr�3E��5�}FSE%r�i'�Yc%�9i•�t:ifs:'��FykSFkbF�EDFyrDrY..>5k6F:'r=E:$�?E:E>EsF3F4E0E�:F�k��'c�E:�:F:F=-��K SEDF:F�c:t:C:i 5F Anotarr public or other officer completing this certificate verifies only the identity of the individualwho signed the document to wEch this certificate is attached and not the truthfulness, accuracy or validity of that document. State of California County of Kern tee, Lawrence Donovan Smithson, Notary Public , (Here inse :-name and title of the officer) personally appeared who proved to sore on the basis of satisfactory evit=lence to be the person,'whose nanx�,( subscribed to the within instrUSne71t and owledged to me that h /tl� executed the same in i�eritJ�ez� aufhozizod cap acity , and that big signaiur on t e inStiument tale person��or the entzty lipaxl behalf of which the persoactecl* executed the instillment. I certify under PENALTY OF :PERMWI lmder the laws of the State of California that the foregoing; paragraph is true and correct. official seal. RENCESMITHSON R. cow. a2355287 • 40TARY PUBUC • CALMNIA KERN COUNTY m v C;x.xn. Exp. Apt, 22, 225 F+ of2v0tary-1,61ic ('Notary Scal) ADDITIONAL OPTIONAL INFORMATION DESCRalTION OF TEE TT.A.0 BED D0CTJIV IMPRINT (�vrl. �5 _ _ (Tide cr description of attar�od ' cuutc rt) \_ _ _ _... (Title or description of attaehc3 document continued) ATumbero0ages u Document Date _ (Additional;aforrna"on) C AGI [ Y CLALMM By `I.qU ai.Ci'V HR h:dividualX n Corporate Officer mid)) ❑ Par`Laer(s) Attomey--in-Fact ❑ Trustee(s) ❑ Other INSTRUCTIOlva. FOR COMPI.,13TMG TIHS FORM Any aaktwrvledg-ment completed in California must contain verbiage ezzctly as appears above in the notary section or a separate acimowledgmentform must ba properly completed and attached to chat document y`ha only azaepticn is if a 1 document is to be reoorde:l outside of California. In such instances, any alternatfve acknowledgment verbiage as may he printed on .Mich a document so long as the verbiage does not require the natary to do something that is illegal jbr a notary in California (40. cerh;Eying the authorized capacity of the signer). Please check the document carefully forproper notarial yarding and attach thirforth if req; ireu' • State and County i:uermsticnmustbe+ho State and Cormty where the docamert signers) personally appoared before tho notary public for aulk-nowledg-tnent. • Date of notarizatonmusthetheda:othatthesigaer(s)pesonalLyappoaredwhich :nust also be the same date the ackaowledgment is corvploted • Tho notary public muA-arint his or her nama as it appears ividalu his or her coumrissionfollowedbyacorornaaad`leayour title(notarypnblic): • Printthe namc(s) of doc=ant signer(s) ;vho personaliy appear at the time of notarization. • Indicate the correct snrgalar or plural forms by erassing tiff incorrect foznro (ire. itekt±clihe e /ar r} or drol:ag £ue correct forms. Failure to correctly i idirate this information may lead to reiooticn of document recording. • 'rho nozaty sear impression must be clear and phatog:eairically reproalicible. Impression must rot cover text or lines. If seal impressi(a smudges, ze-seal if a suEficieurt are:ip :its, othonvise uanuplrte a different ackmov3ed grnentform. • Signaturc of the notary public mast ruatch the signature an Me .vidi the office of the comfy olark. evi Addi+tonal infuriation is not =r fired b_t could help to e;:sure taisz NK aolmowledgm nt is iotzrAsused or evhched to a dfi-hrnt doctureat rxt Indicate bile ortype of atiarhed dorument, nun? ru of pages and dats.>- cat Indicate the Capacity chimedby the signer. If tha claimed capacity itra cerpozate ogee~:, irdicata the title (i.e. CEO, CFo, Scoxetary). • ' ORIGI Su urrly"—.achthisdcmnae-'rttothe si4peddecarrcut EXHIBIT F 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: FOR RECORDER'S USE ONLY No recording fee required: exempt pursuant to Government Code Section 27383 Gavertiment 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 oi'Lots l thru 7. and the south 11.25 feet of Lot S in Block `'Z" of the Raker Homestead Addition to 1:3akcrsfield in the Citv of Bakersfield County of kem State of California as 12cr map recorded I `ebruary 12. 1901. in Book I .-P e 34 of Maps. in the Office of the County Recorder of said land Map or Project Number: Site Plan Review No. 20-0132 ATN(s): 005-3.12-01-00-2 COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT `1111ti COVI:;NAN'I' is executed on J1 Xt -1 211 2-02" - by 91.8 Eastchcstcr. I.I.C. a California limited liability company, in Bakersfield, herein after referred to as ("Owner"). in connection with the Consolidated 4aintenanct District, located in the City of Bakersfield. CA. T°he real property herein described is located within the Consolidated :Maintenance District and rnav be assessed on an ongoing. yearly basis for maintenance of a public park and landscaping on public rights-ofway within the district. ' he' appropriate Street and Park Tiers will be assigned by the Parks and Recreation 0cpartnicnt. Assessment is imposed in accordance with California Proposition 21.8 with the Consent of the vlajority 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 $241.97 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 Bos An<`eles - 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. Tliis covenant shall run with the land. Dated This: —2z 21;;�' 918 Fastchester, I.I.C: Robert 1 . Smith Manager NOTE: All owner(s)Ideveloper(s) signatures must be notarized. City of Bakersfield: Gregg Strakaluse Public `Forks Director ��AKF� o >- m EXHIBIT :Fk�%ktk:F;g�?.%;:>Fx ��SF�F�k>F?E���t;:?'rYcsFY.•:i >F�X K=EsFC'r�F�s: s�s�>c�F�?E����r>E�F�Sn>��:E�:E�nk�EDboF�:{ :i s[ 7Ek>EsE:i �F�'rx :r>F7b�"r5F sF%k�EYr:E�'�'.���t Anotazy- public or other officer completing this certificate verifies orly the identity of the individual -who signed tha document to which this certificate is attached and not the truthiti Hess, accuracy or validity of that document, j State of California County of Kent on &j 74 ,,,? before rye, Lawrence Donovan Smithson, Notary Public C-iereiusertnams andtitle of the oSoer) personally appeared -� "' . ' C A. n _.... _......... ---- who proved to me on. the basis of Satisfactory oviden to be the persoto�whose nameK�a_pvgubscribed to the within. instrument 'and owledged to me that e i f Kexecuted the same 1*'authorized capacity , and that b signatures com e insb:ument the persou�,,j, or the entity upon behalf of which the persoiXacted, executed the instrument. l certify under PENALTY OF PERJURY under tho laws of the State of California that ffie foregoing paragraph is true and correct, and vial seal. �, ... , 1A AEHCE S�RiTNS�} .. Cow. #2355267 _ {tat5rYPUBLIC*cauFOa,it di KERN COUNTY /� 1 1 r on,lotaryniblio DvSCRIpTI0N_. 0 ' TEE A.TTACMD�D,t,�,CL�': ENLIT oue G " 1 +c �S'ifie ar description o� attached d �trrnent) (Ti£e or description of attached docamemt condone(l) Number of Pages __�_ DoaarT cllt Date � • - Z (Additional in(hrr ation) gAPAC;rI'Y CLAIMED B Y''.l''HE SIGINTIR Tj Coxpoxato Officer (life) LS Partaer(s) 0 Attonley-4:a-:E+act ❑ Trustee(s) c Other (lrlatary.Svai.) WSTL UCTIONS FOR CON LE;T,ING =5 FORM. Any acknowledd iert completed in Calirvrnta truest contain verbiage cxact�j as appears above in the notaty section or a separate acknowledgmentfcrm trust he properly completed and attached to that document. Vne only excn.•piI is if a document is to he recorded outside of Cal brnia. 1"n such instances; any alternative acki:owiedgment verl doge as nray he,printed on such a docurnent so long as the verbiage does not,require die -notary to do Something that is illegal far a notary hi, California (i.e. caxt fying the authorized capactty of the sigt e). Please cherk the document car*llyfargroper notarial wording and attach this form ifrequired • State and Ccuntyin=ormaton ustbethe State and Cmmt•,{where the documont siguer(b) perscLally appe red before +he ro aLy public for aclaowie i rnt. • Data of notarization must br the date thatthc signer(s) person.3lly appeared which roust also be the same data the ac'.aTepriedprcTe.TG is completed, • The notary public must print his or her name as it appears tivitl=-' his or her coma;mssionfor- owed byacorrTne. and fheriyour title(uotarypabE* • Print the name(a) of dacwront signer(q) vtho personally appear at the time of notarization. • dicaW the correct singular or llirat farms by crossiup• o%iunorreet forms (Lo. lT f eJthc�s far f or circling the correct forms. Failure to correcily indicate this 'infxonationmay lead to micctioa of dooummtremi-ding . • 'the no cry seat iµprasdoa must be 'cigar and photograpbically reproaucible. impression must not covex ftxt or lines. If seal impression mlidges, re -seal if a sr:ffraient �setipztrz it;;, othcrmso complete a dif erei t acknohledgrnentfornT. • Signature oftire notavI pubiio must match th.e-Agmitvre an file vAth the cilice of the county clerk. ca Additioral irtcri edon is not retp:irad but could izeip to ensure 11is aclmowledgmmt is nctuasusedor attarhed to a different doc•:nneut. c.s �Wieate title ortype of a't:cted domment, vomiter o; pages and date. e A eI i::dicato tre capecity Maimed by the siptm I~ the rburned capacity is �Ik coTpm-�ats omit r , indicate tha titlo (ix. CEO, City, Secretary). • y 7ecurelyattWlitbisdecrrmeutt)thesign<eddoctmrent 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`h 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:/j/ /1V✓ Austin Smith Title (ifrepresenting ow►:er): Manager, 918 Eastchles'ter, LLC Date: I V-V I V L o``gPdF�� } EXHIBIT G OORIGINAL Exhibit `A' to the Covenant Disclosing Inclusion in a Maintenance District. PROPOSITION 2.18 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'h 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 7j7l' Title (frepresentingowner): Manager, 918 Eastchester, LLC Date:�gAq0 o �= EXHIBIT G 0 OR101^1AL 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. Manoreet S Beh? 1600 7ruxtun 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 ^clusion 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 (`appi€cable law"), a City Council hearing will be held for purposes of including the above property within the CRUD and determining the amount of assessments. We hereby waive our right to have a hearing within the time parameters set forth in the applicable law. 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. VVe hereby waive our right to further notice of that hearing. Respectfully. Robert E Smith Manager Austin Smith Manager ` 0SIGINA& 11111,11141111011*wFal