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HomeMy WebLinkAboutMD 3-02 PMW 21-0382RECORDING 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 3-02 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) Laura Avila, Assessor -Recorder LB Kern County Official Records 12/22/2022 12:50 PM Recorded Electronically by: 017 City of Bakersfield City Clerk DOC#: 222187729 StatTypes: 1 Pages: 6 FEES .00 TAXES .00 OTHER .00 222187729 PAID .00 THIS SPACE FOR RECORDER'S USE ONLY Existing Legal: See Exhibit `B" Map or Project Number: Parcel Map Waiver No. 21-0382 ATN(s): 515-032-39-00-0, 515-032-40-00-2, 515-032-41-00-5, 515-032-44-00-4,515-032-54-00-3, and 515-032-55-00-6 COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISSTRICT THIS COVENANT is executed on,- i - �/-V '4 �-' d by JLO Partners, LLC., a California limited liability company in Bakersfiel , 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 $252.96 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 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: a�l avj2— JLO Partners, LLC.: <:Z� John Ova ss an Manager City of Bakersfield: Gregg Straka use Public Works Director NOTE: All owner(s)/developer(s) signatures must be notarized. 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 KERN On September �(� , 2022 before me, A. FORST, a Notary Public, personally appeared JOHN OVANESSIAN, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person 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 *my A. FORST Notary Public • California Kern County Commission X 2374506 Comm. Expires Oct 7, (Seal) 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: JLO Partners, LLC., a California limited liability company Property description: ATNs 515-032-39-00-0, 515-032-40-00-2, 515-032-41-00-5, 515-032-44-00-4, 515-032-54-00-3, and 515-032-55wba-P� dreSS &/or ATN s , The individual annual assessments for fiscal year 2022-2023 shall not exceed $ 252.96 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: Joh (�uanos an, Manager Title (f representing owner): JLO Partners, LLC. Date: & e 9'r, I 9-0)j Exhibit 'B'to the Covenant Disclosing Inclusion in a Maintenance District Existing Legal Description of the Property PARCEL A: PARCELS 6 THROUGH 8 AND 11 OF PARCEL MAP NO. 11691, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 56, PAGES 13 TO 15 OF PARCEL MAPS, RECORDS OF SAID COUNTY. PARCEL B: LOT D AS SHOWN ON CERTIFICATE OF COMPLIANCE, LOT LINE ADJUSTMENT NO. 13-0155, AS EVIDENCED BY DOCUMENT RECORDED MARCH 10, 2014 AS INSTRUMENT NO. 000214026444 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF PARCEL 5 OF SAID PARCEL MAP NO. 11691, SAID POINT ALSO BEING ON THE SOUTHERLY BOUNDARY LINE OF SAID PARCEL MAP; THENCE NORTH 890 08' 22" WEST, ALONG SAID SOUTHERLY BOUNDARY LINE, A DISTANCE OF 311.92 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE FOLLOWING TWENTY-THREE (23) COURSES: 1) NORTH 890 08' 22" WEST, CONTINUING ALONG SAID SOUTHERLY BOUNDARY LINE, A DISTANCE OF 62.80 FEET TO THE SOUTHEAST CORNER OR PARCEL 11 OF SAID PARCEL MAP; THENCE 2) NORTH 000 51' 36" EAST, ALONG THE EASTERLY LINE OF SAID PARCEL, A DISTANCE OF 87.09 FEET TO THE NORTHEAST CORNER OF SAID PARCEL; THENCE 3) NORTH 89° 08' 44" WEST, ALONG THE NORTHERLY LINE OF SAID PARCEL, A DISTANCE OF 138.08 FEET TO AN ANGLE POINT IN SAID NORTHERLY LINE; THENCE 4) SOUTH 45°51'16" WEST, CONTINUING ALONG SAID NORTHERLY LINE, A DISTANCE OF 9.91 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 10.00 FEET; THENCE 5) SOUTHWESTERLY ALONG SAID CURVE AND SAID NORTHERLY LINE, THROUGH A CENTRAL ANGLE OF 45000'00", AN ARC DISTANCE OF 7.85 FEET TO A POINT ON THE WESTERLY LINE OF SAID PARCEL; THENCE 6) SOUTH 00051'36" WEST, ALONG SAID WESTERLY LINE, A DISTANCE OF 73.00 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL, SAID POINT ALSO BEING ON THE SOUTHERLY BOUNDARY LINE OF SAID PARCEL MAP; THENCE 7) NORTH 89°08'22" WEST, ALONG SAID SOUTHERLY BOUNDARY LINE, A DISTANCE OF 67.15 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL MAP BOUNDARY; THENCE 8) NORTH 00°35'40" EAST, ALONG THE WESTERLY BOUNDARY LINE OF SAID PARCEL MAP, A DISTANCE OF 95.12 FEET TO THE SOUTHWEST CORNER OF PARCEL 6 OF SAID PARCEL MAP; THENCE 9) SOUTH 89-08'44" EAST, ALONG THE SOUTHERLY LINE OF SAID PARCEL, A DISTANCE OF 63.46 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL; THENCE 10) NORTH 00°51'16" EAST, ALONG THE EASTERLY LINE OF SAID PARCEL, A DISTANCE OF 135.45 FEET TO THE NORTHEAST CORNER OF SAID PARCEL; THENCE 11) NORTH 89°08'44" WEST, ALONG THE NORTHERLY LINE OF SAID PARCEL, A DISTANCE OF 64.08 FEET TO THE NORTHWEST CORNER OF SAID PARCEL, SAID POINT ALSO BEING ON THE WESTERLY BOUNDARY LINE OF SAID PARCEL MAP; THENCE 12) NORTH 00035'40" EAST, ALONG SAID WESTERLY BOUNDARY LINE, A DISTANCE OF 86.51 FEET TO THE SOUTHWEST CORNER OF PARCEL 1 OF SAID PARCEL MAP; THENCE 13)SOUTH 89°08'40" EAST, ALONG THE SOUTHERLY LINE OF SAID PARCEL, A DISTANCE OF 43.35 FEET TO AN ANGLE POINT IN SAID SOUTHERLY LINE; THENCE 14) NORTH 00°51'16" EAST, CONTINUING ALONG SAID SOUTHERLY LINE, A DISTANCE OF 33.51 FEET TO AN ANGLE POINT IN SAID SOUTHERLY LINE; THENCE 15) SOUTH 89-08-44" EAST, ALONG SAID SOUTHERLY LINE AND THE SOUTHERLY LINE OF PARCEL 2 OF SAID PARCEL MAP, A DISTANCE OF 457.60 FEET TO THE NORTHWEST CORNER OF PARCEL 4 OF SAID PARCEL MAP; THENCE 16) SOUTH 00051'16" WEST, ALONG THE WESTERLY LINE OF SAID PARCEL, A DISTANCE OF 15.00 FEET TO THE NORTHEAST CORNER OF PARCEL 9 OF SAID PARCEL MAP; THENCE 17) NORTH 89008'44" WEST, ALONG THE NORTHERLY LINE OF SAID PARCEL, A DISTANCE OF 135.79 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 10.00 FEET; THENCE 18)SOUTHWESTERLY ALONG SAID CURVE AND CONTINUING ALONG SAID NORTHERLY LINE, THROUGH A CENTRAL ANGLE OF 90000'00", AN ARC DISTANCE OF 15.71 FEET TO A POINT ON THE WESTERLY LINE OF SAID PARCEL; THENCE 19) SOUTH 00°51'16" WEST, ALONG SAID WESTERLY LINE, A DISTANCE OF 55.50 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL; THENCE 20) SOUTH 89°08'44" EAST, ALONG THE SOUTHERLY LINE OF SAID PARCEL, A DISTANCE OF 37.89 FEET; THENCE 21) DEPARTING SAID SOUTHERLY LINE, SOUTH 00°51'16" WEST, A DISTANCE OF 124.12 FEET; THENCE 22) NORTH 8900822" WEST, A DISTANCE OF 113.63 FEET; THENCE 23) SOUTH 000 51' 38" WEST, A DISTANCE OF 146.00 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM PARCEL 7 AND 8 OF SAID PARCEL MAP NO. 11691. PARCEL C: LOT C AS SHOWN ON CERTIFICATE OF COMPLIANCE, LOT LINE ADJUSTMENT NO. 13-0155, AS EVIDENCED BY DOCUMENT RECORDED MARCH 10, 2014 AS INSTRUMENT NO. 000214026444 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF PARCEL 5 OF SAID PARCEL MAP NO. 11691, SAID POINT ALSO BEING ON THE SOUTHERLY BOUNDARY LINE OF SAID PARCEL MAP; THENCE NORTH 89008'22" WEST, ALONG SAID SOUTHERLY BOUNDARY LINE, A DISTANCE OF 134.99 FEET; THENCE DEPARTING SAID SOUTHERLY BOUNDARY LINE, NORTH 00°51'38" EAST, A DISTANCE OF 146.00 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE FOLLOWING SEVEN (7) COURSES: 1) NORTH 89°08'22" WEST, A DISTANCE OF 63.30 FEET; THENCE 2) NORTH 00051'16" EAST, A DISTANCE OF 124.12 FEET TO A POINT ON THE SOUTHERLY LINE OF PARCEL 9 OF SAID PARCEL MAP; THENCE 3) SOUTH 89°08'44" EAST, ALONG THE SOUTHERLY LINE OF SAID PARCEL 9, A DISTANCE OF 114.81 FEET TO A POINT ON THE WESTERLY LINE OF PARCEL 4 OF SAID PARCEL MAP; THENCE 4) SOUTH 00051'16" WEST, ALONG SAID WESTERLY LINE, A DISTANCE OF 2.79 FEET TO AN ANGLE POINT IN SAID WESTERLY LINE; THENCE 5) SOUTH 89°08'43" EAST, CONTINUING ALONG SAID WESTERLY LINE, A DISTANCE OF 42.54 FEET; THENCE 6) DEPARTING SAID WESTERLY LINE, SOUTH 00051'16" WEST, A DISTANCE OF 121.34 FEET; THENCE 7) NORTH 89008'22" WEST, A DISTANCE OF 94.05 FEET TO THE POINT OF BEGINNING.