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HomeMy WebLinkAboutROI NO 1199RESOLUTION OF INTENTION NO. 1199 A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 2-19 (GOSFORD, DISTRICT SE), TO THE CONSOLIDATED MAINTENANCE DISTRICT, PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION, THE FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT OF ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL. WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield provides for an alternative 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 several lots or parcels of property within the maintenance district established therefore; and WHEREAS, the property owners have requested the City Council to include the property within the Consolidated Maintenance District in accordance with the procedures established therefore by 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 Consolidated Maintenance District; and WHEREAS, the City Council desires that a City owned sewer lift station parcel within the proposed additional territory be excluded from the district as this property receives no benefit from the district; and WHEREAS, it is the intention of the City Council of the City of Bakersfield to add territory, Area 2-19 (Gosford, District SE), to the Consolidated Maintenance District, said area is generally described in Exhibit "A" attached hereto, to maintain and operate the local improvements including public street landscaping; and 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"; and (b) a map and assessment diagram of the additional territory, attached hereto as Exhibit "B"; and -1- (c) the benefit formula set forth as Exhibit "C"; and (d) a budget, Exhibit "D," containing the matters specified in Section 13.04.130 of the Bakersfield Municipal Code; and (e) the amount of assessment to be levied against each parcel, attached hereto as Exhibit "E"; and WHEREAS, the City of Bakersfield has received letters from the owners of the property described in Parcel Map No. 10584, which waive 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 WHEREAS, said property owners have returned their assessment ballots indicating their support of the proposed assessments and inclusion in the Consolidated Maintenance District. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield, State of California, as follows: herein. The foregoing recitals are true and correct and are incorporated 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, (Area 2-19, Cosford, District SE), benefitting 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", attached hereto and incorporated in this resolution as though fully set forth herein, entitled "Map and Assessment Diagram for Addition of Territory, Area 2-19 (Cosford, District SE) 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 Tier 1 zone of benefit and is assessed an amount not to exceed $100.00 per equivalent dwelling unit per year. -o0o- -2-¸ by the I HEREBY CERTIFY that the foregoing Resolution was passed and adopted Council of ~9 City of Bakersfield at a regular meeting thereof held on JUL 2,1 , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH. ~, SULLIVAN, SALVAGGIO COUNCILMEMBER N O N E. COUNCILMEMBER" P,,OvJ LE5 COUNCILMEMBER kJC> r~ ~ Council of the City of APPROVED .JUL ~ 1 19~ MAYOR of the City of Bakersfield APPROVED AS TO FORM: BART J. THILTGEN City Attorney S:\PROJECTSW1AINDIST\ROI~vID2-19ri.wpd Attachments: Exhibit "1" Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" 1,~,, r'* ORiGIN~',L City of Bakersfield PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 2-19 (Gosford, District SE) Fiscal Year 1999-2000 Addition of territory, Area 2-19 (Gosford, District SE) to the Consolidated Maintenance District is generally described as an area bounded by District Blvd. on the north, a line 837 feet east of Gosford Road on the east, the Southern Pacific Railroad on the south and Gosford Road on the west, and as specifically 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 public street medians and other public street landscaping improvements. The improvements generally include, but are not limited to, plant forms, drainage facilities, irrigation system pipes, conduits, water mains and/or sprinkler systems therefore, sidewalks, walkways, and ornamental planting, including shrubs, ground covers and trees 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 street 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 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, Area 2-19 (Gosford, District SE) is being added to the Consolidated Maintenance District for the maintenance of public street median and other street landscaping. The area will be assigned an appropriate tier in the Consolidated Maintenance District so that each parcel will be assessed the same amount as other parcels receiving a similar benefit. EXHIBIT "1" All parcels within this area will have a zero assessment for the 1999-2000 fiscal year as shown in Exhibit "E". When landscape improvements have been completed, it is expected to be placed in street tier 1. The estimated maximum cost for non-residential development is $100.00 per Equivalent Dwelling Unit based on full buildout of the benefit area at existing zoning, using 1999 dollars and 1999 Parks Department maintenance and overhead costs. The area will consist of non-residential use, thus all parcels within the area will be affected. Sensory benefits from installing street landscaping are aesthetic enhancement and open space enjoyment. 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, FtAUL M. FtOJAS, 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 1999-2000 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 area (Area 2-19, Gosford, District SE), subject to be assessed to pay the cost of maintenance and operation in said area. Dated: RAUL M. ROJAS Director of Public Works City of Bakersfield -2- LEGAL DESCRIPTION Area 2-19 A parcel of land situated in the City of Bakersfield, County of Kern, State of California, being a portion of Section 16, T 30 S, R 27 E, M. D. B. & M., and more particularly described as follows: Commencing at the SW corner of said Section 16, thence North 00° 39' 35" East, along the west line of said Section 16 also being the centerline of Gosford Road, a distance of 152.62 feet, to the westerly prolongation of the south line of parcel 3 of Parcel Map 8010 and the TRUE POINT OF BEGINNING; THENCE (1) Continuing North 00° 39' 35" East, along said west line and centerline, a distance of 754.88 to intersect the centerline of District Boulevard; THENCE (2) South 89° 12' 44" East, along the centerline of District Boulevard, a distance of 836.93 feet, more or less, to intersect the northerly prolongation of the east line of said parcel 3; THENCE (3) South 00° 46' 59" West, along said east line and prolongation thereof, a distance of 755.95 feet, to the southeast corner of said parcel 3; THENCE (4) North 89° 08' 18" West, along the south line of said parcel 3 and prolongation thereof, a distance of 835.55, to intersect the west line of said Section 16 and the TRUE POINT OF BEGINNING. Excepting therefrom the City owned sewer lift station site described as parcel (1) per grant deed recorded June 29, 1983 in Book 5565 Page 1988, O.R. EXHIBIT "A" ORIG~t~L MAP AND ASSESSMENT DIAGRAM FOR ADDITION OF TERRITORY CONSOLID TENANCE DISTRICT BAKERSFIELD, CALIFORNIA DI<,!i;1'RICT BOULEVARD 6366/0R/1796 KCR II NOT TO SCALE PARCEL 1 PARCEl+ MAP NO 7626 N89'12'44"W (BASIS OF BEARINGS) 15~5.,)2'(M) 3°9.00' PARCEL 2 ~ '74'_9.!'(M) FILED IN THE OFFICE OF THE CITY CLERK THIS .... DAY 0r , lg__ CIT, CLERK OF THE CITY OF B~KERSFIELD, CALIFORNIA AN ASSESSMENT WAS LEVIED BY r'HE CITY COUNC::L ON THE LOIS. PIECES AND PABCELS OF LAND SHOWN ON THIS ASSESSMENT DIACRAM SAID ASSESSMENT WAS LE"AED ON THE ____ DA~ OF lgj SAID ASSESSMENT DIAURAM AND THE ASSESSMENT ROLL WERE RECORDED IN THE OFFICE OF THE DEPARTMENT OF PUBLIC WORKS OF SAID CiTY ON 'HE DAI OF . 19__. REFERENCE IS MA,:]E 1D THE ASSESSMENT ROLL RECORDED tN THE OFFICE OF IHE DEPARTMENT OF PUBLIC WORKS FOR I~E EXACT AMOUNT OF EACH ASSESSMENT LEV1ED AGAINST EACH PARCEL OF LAND SHOWN ON THIS ASSESSMENT DIAGRAM CLERK OF THE CIT'~ OF BAKER:;FIELO, CALIFORNIA FILED FOR RECORD IHIS DAY OF 19__, AT ,M,IN BOOK ...... OF ASSESSMENT DISTRICTS AT PAGE 4N THE OFFICE OF ~-IE COUNTY RECORDER OF THE COUNT~ OF KERN, STA~: OF CALIFORNIA JAMES w. MAPLES COUNTY ASSESSOR-RECORDER BY CHIEF DEPUTY RECORDER RECORDED IN THE OFFICE OF THE DEPARTMENT OF PLIBLJC WORKS Tilts DAY OF 19~ [)~RECTOR OF PUBLIC WORKS BAKERfiFIELO, CALIFORNIA CONSOLIDATED MAINTENANCE DISTRICT CITY OF BAKERSFIELD BENEFIT FORMULA Each parcel in the Street Landscaping Zone of Benefit shall be assessed the amount as defined in (1) below: Each parcel in the Park Zone of Benefit shall be assessed the amount as defined in (2) below: Each parcel in the Street and Park Zone of Benefit shall be assessed the sum of the amounts as defined in (1) and (2) below: (1) shall equal the dollar amount budgeted for the maintenance and operation of the STREET LANDSCAPING (S) within the district, adjusted for prior year fund balance or deficit; Multiplied by (a): Multiplied by (t): Divided by (b): The number of Equivalent Dwelling Units (EDU's) for the parcel, and; The factor for the tier level, which equals the street tier number, and; The total number of street EDU's in the district. (1) = Sxaxt b NOTE: Undeveloped residential and commercial parcels with no existing adjacent median or street landscaping shall be assessed one-half the number of EDU's for that parcel. Undeveloped industrial parcels with no existing adjacent median or street landscaping shall be assessed one-fourth the number of EDU's for that parcel. In the Berkshire area (3-06) and the Hosking, South H area (5-03), only subdivided parcels will be assessed for street landscaping. (2) shall be the dollar amount budgeted for the maintenance and operation of the PARKS (P) within the district, adjusted for prior year fund balance or deficit; Multiplied by (a): The number of EDU's for the parcel, and; Multiplied by (t): Divided by (b): The factor for the tier. level, which equals the park tier number, and; The total number of park EDU's in the district. (2) = P x a x t b EQUIVALENT DWELLING UNIT (EDU) CHART Equivalent Dwelling Units (EDU's) shall be calculated by use or potential use per zoning as follows: USE EDU REMARKS Agricultural Zone 1.0 Per parcel Single Family (Detached) Dwelling Unit, less than 5 acres 1.0 Per parcel Undeveloped R-1 zoned 5 acres or more. 4/acre Rounded down to the nearest whole number. Undeveloped R-1 zoned, less than 5 acres. 1/acre Rounded down to the nearest whole number. Multi-Family (Attached) 0.71/unit Undeveloped R-2, R-3 0.71/unit Number of units shall equal the acreage multiplied by 12 rounded down to the nearest whole number. Non Residential 6/acre Rounded to nearest .01 Mobile Homes in parks (Rent Space) 0.71/unit Mobile Homes in subdivisions (Owner) 1.00/unit Mixed Use Each calculated per the above. EXHIBIT:~"' Page 2~.e,f 4 (:~P, YStNAL EDU EXCEPTIONS Several exceptions have been made to the base EDU rates in the areas listed below due to commitments made at the time of formation of the original districts. USE EDU REMARKS Polo Grounds Undeveloped R-I zoned 5 acres or more. Parkside Village 3.28/acre Rounded down to the nearest whole number. (Per condition of Annexation) Single Family Dwelling Unit (Vineyard) 1.0 Multi-Family Dwelling Unit (Shores) 0.86/unit Multi-Family Dwelling Unit (Edgewater, Brookhaven, Springs) 0.58/unit Non Residential (Castle & Cooke) 24.26 Non Residential (Parkside Partners) 7.56 Brimhall & Verdugo, Seven Oaks, North & South Undeveloped R-1 zoned 5 acres or more 3/acre California Avenue Non Residential 1.0 Per parcel plus 0.9 EDU's per 100 feet of California Ave. frontage Page ~iof 4 USE Union Avenue Non Residential Silvercreek 370-022-04 EDU 3 0,71/unit 12 units/Acre REMARKS Per parcel Shall be charged at R-3 rate as per GPA Resolution No. 22-94 Chester Avenue 6/acre Area for each parcel is based 50% on lot area and 50% on building area. S:~PROJECTS~4AINDIST\FORMULAS'ExhC99.wpd EXHiBiT>~;IkK~ 0FTM, i!~L~tN EXHIBIT "D" MAINTENANCE DISTRICT AREA 2-19 Said assessment is made in accordance with the benefit formula attached hereto. 1999-2000 BUDGET Gross Budget Amount Required (City Staff Services or Contract, Supplies, Materials and Utilities) Estimated Beginning Fund Balancel(Deficit) Less: City Contributions NET AMOUNT TO BE ASSESSED $0.00 $0.00 $0.00 $0.00 S:\PROJECTS\MAINDIS'I'XEXHIBITD~,MD2-19D.WB2 EXHIBIT "E" ASSESSMENT ROLL MAINTENANCE DISTRICT AREA 2-19 FISCAL YEAR 1999-2000 Assessment Parcel No. as shown on Map Exhibit "B" 385-013-08-00-4 Total amount to be collected for FY 1999-2000 $0.00 Total $0.00 Date: City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield S:\MAINDIST~EXHIBITE\MD2-18E.WB3 EXHIBIT "E" Page 1 Recording requested by and for the benefit of the City of Bakersfield. When recorded mail to: City of Bakersfield City Clerk's Office 1501 Truxtun Avenue Bakersfield, CA 93301 THIS SPACE FOR RECORDER'S USE ONLY Parcel Map No. 10584 Parcel Nos. A through C COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT THIS COVENANT is executed on this __ day of ,199__ by Credit Suisse Leasing 92& L.P.. a Delaware Limited Parmership, (heremaRer, "Owner"), in connection with the Consolidated Maintenance District, located in the City of Bakersfield, Califomia. The real property herein described is located within Street Tier 1 of the Consolidated Maintenance District, and may be assessed for maintenance of public landscaping on public rights-of-way within the district. Although this property may have been assessed a lesser amount in the present tax year, the ultimate estimated annual assessment for maintenance of public landscaping based on full buildout of this district, is $100.00 per equivalent dwelling unit, based on 1999 dollars and labor costs of the district. This covenant may not be amended or modified without the prior approval of the City of Bakersfield. This covenant shall mn with the land. Dated this __ day of_ Owner(s)/Developer(s): Credit Suisse Leasing 92A, L.P., a Delaware Limited Partnership , 199 City of Bakersfield: Raul M. Rojas Public Works Director NOTE: All owner(s)/developer(s) signatures must be notarized. S :'~PROJECTSXlvlD\COVENANTLPMst C,R~!2iN~,L ~?~49483632 HD LEGAL DEPT ?48 P02/0~ ~UL 1~ '99 ~3;56 July 12, 1999 3800 W. Chapman Ave · Orange, CA 92868 (714) 940-3500 City of Bakersfield Public Works Department 1501 Truxttm Avenue Bakesfield, CA 93301 Attn: Marjan P. Shaw InclUsiOn of Parcel Map No. 10,584 in a M~intenance District Gentlemen: We, the undersigned, as owners of the property included within Parcel Map No. 10,584 hereby request that the property be included within the Consolidated Maintenance District. This request is pursuant to the requirements of Municipal Code Section 13.04.021. The fees to cover the costs of inclusion within the Consolidated Maintenance District have already been paid. Further, our engineer has supplied you with a disk copy of the Parcel Map No. 10,584 for your use. We also waive our right to any and all hearings (whether pursuant to the Brown Act, the Bakersfield Municipal Code, or any other law) concerning the formation of or inclusion in a maintenance district. We have signed and are returning the enclosed Proposition 218 ballot (Official Assessment Ballot) indicating our consent to the assessments. Very truly yours, Credit Suisse Leasing 92A, L.P., By: Credit Suisse First Boston (Formerly Credit Suisse) its General Partner By: Home Dex~ol [ J .A., a Delaware Corporation /eyinfact p. owo ttomey. D y :~~ /. Corporate Counsel ~?~49403632 HD LEGRL DEPT ?53 P02/02 JUL ~3 '99 15=22 3800 W. Chapman Ave · Orange, CA 92868 (714) 940-3500 CITY OF BAKERSFIELD CONSOLIDATED MAINTENANCE DISTRICT IMPORTANT - OFFICIAL PROPERTY OWNER ASSESSMENT BALLOT This assessment ballot is for the use of the property owner of the parcel(s) identified below, which parcel(s) is proposed to be included in the City of Bakers field Consolidated Maintenance District (hereinafter CMD). This assessment ballot may be used to express either support for or opposition to inclusion within the CMD. In order to be counted, this assessment ballot must be signed below by an owner or, if the owner is not an individual, by an authorized representative of the owner. TO CAST THIS BALLOT, PLEASE REFURN THIS ENTIRE PAGE OFFICIAL ASSESSMENT BALLOT Owner: Credit Suisse Leasing, 92A, L.P. Property descdption: Parcel 3 of Parcel Map 8010, as filed in book 33 page 158 of Parcel Maps in the Office of the Recorder for Kern .County, CA Individualassessmentsshallnotexceed $100 perequivalentdw~ling unit. ASSESSMENT BALLOT MEASURE Shall the City Council of the City of Bakers field include the above described Prop~'y within the Consolidated Maintenance District and levy an assessment not to exceed the amount set forth above? D'a.e .... 'i~/1999 Credit Suisse Leasing 92A, L.P., By: Credit Suisse Fimt Boston (Formerly Credit Suisse) its General Parmet By: Home Depot U.S.A., a Delaware Corporation ::,,o USA July 12, 1999 City of Bakersfield Public Works Department 1501 Truxtun Avenue Bakersfield, CA 93301 Attn: Marian P. Shaw Subject: Inclusion of ParcelMap 10584 in a Maintenance District Gentlemen: We, the undersigned, as owners of the property included within parcel 3 ofParcelMap No. 10584 hereby request that the property be included within the Consolidated Maintenance District. This request is pursuant to the requirements of Municipal Code Section 13.04.021. We waive our right to any and all hearings (whether pursuant to the Brown Act, the Bakersfield Municipal Code, or any other law) conceming the formation of or inclusion in a maintenance district. We have signed and are returning the enclosed Proposition 218 ballot (Official Assessment Ballot) indicating our consent to the assessments. Ve truly yours, JO S:\ProjectsWlaindist\Letters\Reqst&Wv 6/01/99 CITY OF BAKERSFIELD CONSOLIDATED MAINTENANCE DISTRICT IMPORTANT - OFFICIAL PROPERTY OWNER ASSESSMENT BALLOT This assessment ballot is for the use of the property owner of the parcel(s) identified below, which parcel(s) is proposed to be included in the City of Bakersfield Consolidated Maintenance District (hereinaRer CMI)). This assessment ballot may be used to express either support for or opposition to inclusion within the CMD. In order to be counted, this assessment ballot must be signed below by an 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 Owner Property description Individual assessments shall not exceed OFFICIAL ASSESSMENT BALLOT per equivalent dwelling unit. ASSESSMENT BALLOT MEASURE Shall the City Council of the City of Bakersfield include the above described Property within the Consolidated Maintenance District and levy an assessment not to exceed the amount set forth above? No Date L 2-- ,1999 Owner Signature ' ' "~--"' S:XPROJECTS\MAINDIST'uMiscXBalIot.wpd 6/01/99 AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) County of Kern PAMELA A. MCCARTHY, 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 22nd day of July , '1999 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Resolution of Intention No. 1199 passed by the Bakersfield City Council at a meeting held on the 21st day of July 1999, and entitled: A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 2-19 (GOSFORD, DISTRICT SE), TO THE CONSOLIDATED MAINTENANCE DISTRICT, PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION, THE FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT OF ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL. /s/PAMELA A. MCCARTHY City Clerk of the City of Bakersfield S:\DOCUMENT~FORMS~AOPOSTINGROI.WPD July 22, 1999