HomeMy WebLinkAboutROI NO 1339RESOLUTION OF INTENTION NO. 1339
A RESOLUTION DECLARING INTENTION TO ADD
TERRITORY, AREA 4-30 (CITY IN THE HILLS), 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 owner has 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, it is the intention of the City Council of the City of Bakersfield
to add territory, Area 4-30 (City in the Hills) to the Consolidated Maintenance District,
said area is generally described in Exhibit "A" attached hereto, to maintain and operate
the local improvements including public parks and 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
(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
ORIGINAL
(e)
the amount of assessment to be levied against each parcel,
attached hereto as Exhibit "E"; and
WHEREAS, the City of Bakersfield has received a letter from the owner of
the property described in Parcel Map 11013, which waives 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 owner has returned his assessment ballot
indicating his 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:
The foregoing recitals are true and correct and are incorporated
herein.
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 4-30 (City in the Hills), benefiting 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",
entitled "Map and Assessment Diagram for Addition of Territory, Area 4-30 (City in the
Hills) 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
Landscape and Park Zones of benefit and is assessed an amount not to exceed
$125.00 per equivalent dwelling unit per year.
-o0o-
~ ~AK~'~
ORIGINAL
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
AUG 1 8 2004 , by the following vote:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, BENHAM, MAG~'ARD, C~UCH, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
CITY CLERK and Ex Officio Cl/~/k of the
Council of the City of BakersfidCcl
APPROVED:
AUG ! 8 2004
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
VIRGINA GENNARO
City Attorney
Attachments:
Exhibit "1"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
S:\PROJ E CTS\MAI N DIST~ROl\MD4-30ri05.doc
3
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ORIGINAL
City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 4-30 (CITY IN THE HILLS)
Fiscal Year 2004-2005
Addition of territory, Area 4-30 (City in the Hills) to the Consolidated
Maintenance District is generally described as an area consisting of Section 17, portion
of Sections 19 and 20, and the SE ¼ of SE ¼ of Section 18, T29S, R29E, M.D.B. & M.,
and 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 parks
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 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 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, Area 4-30 (City in the Hills) is being added to the
Consolidated Maintenance District for the maintenance of parks and public street
EXHIBIT "1"
ORIGINAL
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
$125.00 per equivalent dwelling unit (as that term is defined in Exhibit "C") per parcel.
However, parcels will not be assessed until park and/or street landscaping have been
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 $125 per equivalent dwelling unit.
The area will consist of residential use, thus all parcels within the area will
be affected. Sensory benefits from installing street landscaping are aesthetic
enhancement and open space enjoyment.
A public park 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, RAUL M. ROJAS, 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 2004-2005 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,
Area 4-30 (City in the Hills), 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
EXHIBIT "1"
ORIGINAL
LEGAL DESCRIPTION
Area 4-30
Page
PARCEL 1:
THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 29 SOUTH,
RANGE 29 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN TIlE CITY OF BAKERSFIELD,
COUNTY OF KERN, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF.
EXCEPTING THEREFROM ALL OF THE OIL, GAS, OTHER HYDROCARBON SUBSTANCES AND
MINEPJkLS IN.AND UNDER SAID LAND AND WHICH MAY BE PRODUCED THEREFROM, AS RESERVED
BY MOBIL OIL CORP., BY DEED RECORDED APRIL 21, 1992 IN BOOK 6662 PAGE 2064 OF
OFFICIAL RECORDS.
PARCEL 2:
ALL OF SECTION 17, TOWNSHIP 29 SOUTH, RANGE 29 EAST, MOUNT DIABLO BASE AND
MERIDIAN, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA,
ACCORDING TO THE OFFICIAL PLAT THEREOF.
EXCEPTING THEREFROM THAT PORTION OF SAID LAND AS CONVEYED TO THE STATE OF
CALIFORNIA, IN DEED RECORDED MARCH 24, 1970 IN BOOK 4380 PAGE 774 OF OFFICIAL
RECORDS, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE SOUTH LINE OF SAID SECTION, SAID POINT BEARS SOUTH
89° 28' $1" EAST, 1892.98 FEET FROM THE SOUTHWEST CORNER OF SAID SECTION, SAID
SOUTHWEST CORNER BEING AT COORDINATES Y=691 971.87 FEET AND X=I 733 124.94 FEET;
THENCE (1), ALONG A LINE PARALLEL WITH AND 125 FEET SOUTHEASTERLY, MEASURED
RADIALLY FROM THE CENTERLINE OF THE DEPARTMENT OF PUBLIC WORKS SURVEY FROM "M"
STREET IN BAKERSFIELD TO 2.7 MILES NORTHEAST OF ROUTE 143 (NOW 06-KER-184}, ROAD
VI-KER-57-E (NOW 06-KER~178), FROM A TANGENT WHICH BEARS NORTH 63° 46' 11" EAST,
NORTHEASTERLY ALONG A CURVE CONCAVE NORTHWESTERLY, WITH A RADIUS OF 5125 FEET,
THROUGH AN ANGLE OF 0° 45' 57", AN ARC DISTANCE OF 68.50 FEET;
THENCE (2), FROM A TANGENT WHICH BEARS NORTH 83* 29' 41" EAST, EASTERLY, ALONG A
CURVE CONCAVE SOUTHERLY, WITH A RADIUS OF 2500 FEET, THROUGH AN ANGLE OF 7° 01'
28", AN ARC DISTANCE OF 306.50 FEET;
THENCE (3), ALONG THE NORTH LINE OF THE SOUTH 50 FEET OF SAID SECTION, SOUTH 89'
28' 51" EAST, 2052.40 FEET;
THENCE (4), NORTHEASTERLY, ALONG A TANGENT CURVE CONCAVE NORTHWESTERLY, WITH A
RADIUS OF 1950 FEET, THROUGH AN ANGLE OF 29° 47' 06", AN ARC DISTANCE OF 1013.70
FEET TO THE EAST LINE OF SAID SECTION;
I'HENCE (5), ALONG SAID EAST LINE, SOUTH 0° 21' 44" WEST, 90.48 FEET TO THE
NORI'HWESTERLY RIGHT OF WAY LINE OF THE EXISTING STATE HIGHWAY ROAD 06-KER-178;
THENCE (6), ALONG SAID NORTHWESTERLY RIGHT OF WAY LINE, SOUTH 46° 59' 51 "WEST,
315.30 FEET TO SAID SOUTH LINE;
THENCE (7), ALONG SAID SOUTH LINE, NORTH 89° 28' 51" WEST, 3159.36 FEET + OR
MINUS TO THE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LAND AS CONVEYED TO THE STATE OF
CALIFORNIA, IN DEED RECORDED MARCH 24, 1970 IN BOOK 4380 PAGE 777 OF OFFICIAL
EXHIBIT "A"
o b
ORIGINAE
Page
RECORDS, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE SOUTH LINE OF SAID SECTION, SAID POINT BEARS SOUTH
89° 28' 51" EAST, 1265.83 FEET FROM THE SO~EST CORNER OF SAID SECTION, SAID
SOUTHWEST CORNER BEING AT COORDINATES Y:Bgl 971.67 FEET AND X-1 ?33 124.94 FEET;
THENCE (1), ALONG A LINE PAPJkLLEL WITH AND 125 FEET NORTHWESTERLY, MEASURED
RADIALLY FROM THE CENTERLINE OF THE DEPARI~IENT OF PUBLIC WORKS SURVEY FROM "M"
STREET IN BAKERSFIELD TO 2.7 MILES NORTHEAST OF ROUTE 143 (NOW 06-KER-184), ROAD
VI-KER-57-E (NOW 06-KER-17B), FROM A TANGENT WHICH BF_JkRS NORTH 70° 21' 59" EAST,
NORTHEASTERLY, ALONG A CURVE CONCAVE NOR-fI-IWESTERLY, WITH A RADIUS OF 48.75 FEET,
THROUGH AN ANGLE OF 6' 40' 40" AN ARC DISTANCE OF 568.18 FEET;
THENCE (2), ALONG A NON-TANGENT LINE, SOUTH 40° 05' 41" EAST, 257.04 FEET;
THENCE (3), ALONG A LINE PARALLEL WITH AND 125 FEET SOUTHEASTERLY, MEASURED
I~ADIALLY FROM SAID CENTERLINE, FROM A TANGENT WHICH BEARS SOUTH 63° 00' 14" WEST,
SOUTHWESTERLY, ALONG A CURVE CONCAVE NORTHWESTERLY, WITH A RADIUS OF 5125 FEET,
THROUGH AN ANGLE OF 0° 45' 57", AN ARC DISTANCE OF 68.50 FEET TO TI-IR SOUTH LINE
OF SAID SECTION;
THENCE (4), ALONG SAID souTH LINE, NORTH 89' 28' 51" WEST, 627.15 FEET + OR MINUS
TO THE POINT OF BEGINNING.
EXCEPTING ALL OIL, GAS AND OTHER HYDROCARBONS; NON-HYDROCARBON GASES OR GASEOUS
SUBSTANCES; ALL OTHER MINERALS OF WI-La, TSOEVER NATURE, WITHOUT REGARD TO
SIMILARITY TO THE ABOVE-MENTIONED SUBSTANCES; AND ALL SUBSTANCES THAT MAY BE
PRODUCED THEREWITH FROM THE PROPERTY; AND
ALSO EXCEPTING ALL GEOTHERMAL RESOURCES, EMBRACING; INDIGENOUS STEAM, HOT WATER
AND HOT BRINES; STEAM AND OTHER GASES, HOT WATER AND HOT BRINES RESULTING FROM
WATER, GAS OR OTHER FLUIDS ARTIFICIALLY INTRODUCED INTO SUBSURFACE FORMATIONS;
HEAT OR THE ASSOCIATED ENERGY FOUND BENEATH THE SURFACE OF THE EARTH; AND
BY-PRODUCTS OF ANY OF THE FOREGOING SUCH AS MINERALS (EXCLUSIVE OF OIL OR
HYDROCARBON GAS THAT CAN BE SEPARATELY PRODUCED) WHICH ARE FOUND IN SOLUTION OR
ASSOCIATION WITH OR DERIVED FROM ANY OF THE FOREGOING; AND
ALSO EXCEPTING THE SOLE AND EXCLUSIVE RIGHT FROM TIME TO TIME TO BORE OR DRILL
AND MAINTAIN WELLS AND OTHER WORKS INTO AND THROUGH THE PROPERTY AND ADJOINING
STREETS, ROADS AND HIGHWAYS BELOW A DEPTH OF FIVE HUNDRED (500') BELOW THE
SURFACE THEREOF FOR THE PURPOSES OF EXPLORING FOR AND PRODUCING ENERGY
RESOURCES; THE RIGHT TO PRODUCE, INJECT, STORE AND REMOVE FROM AND THROUGH SAID
BORES, WELLS OR WORKS, OIL, GAS, WATER AND OTHER SUBSTANCES OF ~IJATEVER NATURE;
AND THE RIGHT TO PERFORM BELOW SAID DEPTH ANY AND ALL OPERATIONS DEEMED BY
GRANTOR NECESSARY OR CONVENIENT FOR THE EXERCISE OF SUCH RIGHTS, AS RESERVED BY
CHEVRON U.S.A., INC., A PENNSYLVANIA CORPORATION BY DEED RECORDED DECEMBER 27,
1996 AS INSTRUMENT NO. 0196165219 OF OFFICIAL RECORDS.
THE RIGHTS HEREINABOVE EXCEPTED AND RESERVED DO NOT INCLUDE AND DO NOT EXCEPT OR
RESERVED TO GRANTOR ANY RIGHT OF GRANTOR TO USE THE SURFACE OF THE PROPERTY OR
THE FIRST FIVE HUNDRED (500') BELOW SAID SURFACE OR TO CONDUCT ANY OPERATIONS
THEREON OR THEREIN. UNLESS HEREINAFTER SPECIFICALLY EXCEPTED AND RESERVED ALL
RIGHTS AND INTERESTS IN THE SURFACE OF THE PROPERTY ARE HEREBY CONVEYED TO
GRANTEE.
EXHIBIT "A"
ORIGINAL
Page 3
PARCEL 3:
THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 29 SOUTH, RANGE 29
EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE CITY OF BAKERSFIELD, COUNTY OF
KERN, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 20, SAID NORTHWEST CORNER
BEING COORDINATES Y:69187 FEET ~J~D X=I 733 124.94 FEET;
THENCE (1), ALONG THE WEST LINE OF SAID SECTION, SOUTH 0° 22' 29" WEST, 280.82
FEET;
THENCE (2), ALONG A LINE PARALLEL WITH AND 125 FEET NORTHERLY, MEASURED P-ADIALLY
FROM THE CENTERLINE OF THE DEPARTMENT OF PUBLIC WORKS SURVEY FROM "M" STREET IN
BAKERSFIELD TO 2.7 MILES NORTHEAST OF ROLrrE 143 (NOW 06-KER-184), ROAD
VI-KER-57-E (NOW 06-KER-178), FROM A TANGENT WHICH 8EARS NORTH 85' 38' 33" EAST,
EASTERLY ALONG A CURVE CONCAVE NORTHERLY WITH A RADIUS OF 4875 FEET THROUGH
ANGLE OF 15' 16' 34", AN ARC DISTANCE OF 1299.76 FEET TO THE NORTH LINE OF SAID
SECTION;
THENCE (3), ALONG SAID NORTH LINE 89° 28' 51" WEST, 1265.83 FEET TO THE POINT OF
BEGINNING.
EXCEPT ALL OIL, OIL RIGHTS, MINEPJ~LS, MINEP, AL RIGHTS, NATURAL GAS, NATURAL GAS
RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN TI~AT MAY BE WITHIN OR
UNDER THE PARCEL OF LAND HEREINABOVE DESCRIBED TOGETHER WITH THE PERPETUAL RIGHT
OF DRILLING, MINING, EXPLORING AND OPERATING THEREFORE, AND REMOVING THE SAME
FROM SAID LAND OR ANY OTHER LAND, AND INCLUDING I'HE RIGHT TO WHIPSTOCK, OR
DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAT THOSE HEREINABOVE DESCRIBED
OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO THROUGH OR ACROSS THE SUBSURFACE OF
THE LAND HEREINABOVE DESCRIBED AND TO BOI-FOM SUCH WHIPSTOCKED OR DIRECTIONALLY
DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEHIND THE EXTERIOR
LIMITS THEREOF AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND
OPERATE ANY SUCH WELLS OR MINES, WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE,
EXPLORE, AND OPERATE THROUGH THE SURFACE OR THE UPPER 100 FEET OF THE SUBSURFACE
OF THE LAND HEREINABOVE DESCRIBED OR OTHERWISE IN SUCH MANNER AS TO ENDANGER THE
SAFETY OF ANY HIGHWAY 13JAT MAY BE CONSTRUCTED ON SAID LANDS AS EXCEPTED IN THE
DEEDS TO THE STATE OF CALIFORNIA, RECORDED JANUARY 30, 1969 IN BOOK 4238 PAGES
589, 593, 597, 601 AND 606, ALL IN KERN COUN-FY OFFICIAL RECORDS.
EXCEPTING ALL OIL, GAS AND OTHER HYDROCARBONS; NON-HYDROCARBON GASES OR GASEOUS
SUBSTANCES; ALL OTHER MINERALS OF WHATSOEVER NATURE, WITHOUT REGARD TO
SIMILARITY TO THE ABOVE-MENTIONED SUBSTANCES; AND ALL SUBSTANCES THAT MAY BE
PRODUCED THEREWITH FROM THE PROPERTY; AND
ALSO EXCEPTING ALL GEOTHERMAL RESOURCES, EMBRACING; INDIGENOUS STEAM, HOT WATER
AND HOT BRINES; STEAM AND OTHER GASES, HOT WATER AND HOT BRINES RESULTING FROM
WATER, GAS OR OTHER FLUIDS ARTIFICIALLY INTRODUCED INTO SUBSURFACE FORMATIONS;
HEAT OR THE ASSOCIATED ENERGY FOUND BENEATH THE SURFACE OF THE EARTH; AND
BY-PRODUCTS OF ANY OF THE FOREGOING SUCH AS MINERALS (EXCLUSIVE OF OIL OR
HYDROCARBON GAS THAT CAN BE SEPARATELY PRODUCED) WHICH ARE FOUND IN SOLUTION OR
ASSOCIATION WITH OR DERIVED FROM ANY OF THE FOREGOING; AND
ALSO EXCEPTING THE SOLE AND EXCLUSIVE RIGHT FROM TIME TO TIME TO BORE OR DRILL
EXHIBIT "A"
PaRe 4
AND MAINTAIN WELLS AND OTHER WORKS INTO AND THROUGH THE PROPERTY AND ADJOINING
STREETS, ROADS AND HIGHWAYS BELOW A DEPTH OF FIVE HUNDRED (500') BELOW THE
SURFACE THEREOF FOR THE PURPOSES OF EXPLORING FOR AND PRODUCING ENERGY
RESOURCES; THE RIGHT TO PRODUCE, INJECT, STORE AND REMOVE FROM AND THROUGH SAID
BORES, WELLS OR WORKS, OIL, GAS, WATER AND OTHER SUBSTANCES OF WHATEVER NATURE;
AND THE RIGHT TO PERFORM BELOW SAID DEPTH ANY AND ALL OPERATIONS DEEMED BY
GRANTOR NECESSARY OR CONVENIENT FOR THE EXERCISE OF SUCH RIGHTS, AS RESERVED BY
CHEVRON U.S.A., INC., A PENNSYLVANIA CORPORATION BY DEED RECORDED DECEMBER 27,
1996 AS INSTRUMENT NO. 0196165219 OF OFFICIAL RECORDS.
THE RIGHTS HEREINABOVE EXCEPTED AND RESERVED DO NOT INCLUDE AND DO NOT EXCEPT OR
RESERVED TO GPJ~I~TOR ANY RIGHT OF GPJ~NTOR TO USE THE SURFACE OF THE PROPER'FY OR
THE FIRST FIVE HUNDRED (500') BELOW SAID SURFACE OR TO CONDUCT ANY OPERATIONS
THEREON OR THEREIN. UNLESS HEREINAFTER SPECIFICALLY EXCEPTED AND RESERVED ALL
RIGHTS AND INTERESTS IN THE SURFACE OF THE PROPERTY ARE HEREBY CONVEYED TO
GRANTEE.
PARCEL 4:
SECTION 19, TOWNSHIP 29 SOUTH, RANGE 29 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN
THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, ACCORDING TO THE
OFFICIAL PLAT THEREOF.
EXCEPTING THEREFROM THAT PORTION OF SAID LAND AS CONVEYED TO THE STATE OF
CALIFORNIA IN DEED RECORDED MARCH 19, 1970 IN BOOK 4379 PAGE 722 OF OFFICIAL
RECORDS, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN'THE WEST LINE OF SAID SECTION, SAID POINT BEARS SOUTH 0°
35' 11" WEST, 127.57 FEET FROM THE NORTHWEST CORNER OF SAID SECTION, SAID
NORTHWEST CORNER BEING AT COORDINATES Y=629 003.33 FEET AND X=I 727 810.64 FEE-T;
THENCE (1) SOUTH 83° 01' 50" EAST, 110.69 FEET;
THENCE (2) SOUTH 26° 11' 41" EAST, 33.29 FEET;
THENCE (3) SOUTH 86° 31' 24" EAST, 488.83 FEET;
THENCE (4) SOUTH 69° 33' 15" EAST, 297.97 FEET;
THENCE (5) SOUTH 85° 31' 26" EAST, 448.57 FEET;
THENCE ALONG A LINE PARALLEL WITH AND 125 FEET NORTHERLY, MEASURED AT RIGHT
ANGLES AND PJ~DIALLY, FROM THE CENTER LINE OF THE DEPARTMENT OF PUBLIC WORKS
SURVEY FROM "M" STREET IN BAKERSFIELD TO 2.7 MILES NORTHEAST OF ROUTE 143 (NOW
O5-KER-184) ROAD VI-KER-57-3 (NOW 06-KER-178) THE FOLLOWING COURSES:
(6) NORTH 89° 47' 22" EAST, 3622.28 FEET AND
(7) EASTERLY, ALONG A TANGENT CURVE CONCAVE NORTHERLY, WITH A RADIUS OF 4875
FEET, THROUGH AN ANGLE OF 4° 08' 49", AN ARC DISTANCE OF 352.84 FEET TO THE EAST
LiNE OF SAID SECTION;
THENCE (8) ALONG SAID EAST LINE, ~OUTH 0D 22' 29" WEST 250.81 FEET; THENCE, ALONG
A LINE PARALLEL WITH AND 125 FEET SOUTHERLY, MEASURED RADIALLY AND AT RIGHT
ANGLES FROM SAID CENTER LINE, THE FOLLOWING COURSES:
EXHIBIT "A"
Page 5
(9) FROM A TANGENT WHICH BEARS SOUTH 85' 52' 25" WEST, WESTERLY, ALONG A CURVE
CONCAVE NORTHERLY, WITH A RADIUS OF 5125 FEET, THROUGH AN ANGLE OF 3° 54' 57", AN
ARC DISTANCE OF 350.26 FEET AND (10) SOUTH 89' 47' 22" WEST, 3222.28 FEET;
THENCE (11) SOUTH 88° 30' 10" WEST, 890.11 FEET;
THENCE (12) SOUTH 74° 00' 14" WEST, 557.77 FEET;
THENCE (13) SOUTH 65° 04' 36" WEST, 250.11 FEET;
THENCE (14) SOUTH 9° 29' 59" WEST, 96.81 FEET;
THENCE (15) NORTH 83° 37' 04" WEST, 80.41 FEET TO SAID WEST LINE;
THENCE. (16) ALONG SAID WEST LINE, NORTH 0° 35' 11" EAST, 829.55 FEET, MORE OR
LESS, TO 'FILE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM (1) ALL OIL, GAS AND
OTHER HYDROCARBONS, NON-HYDROCARBON GASES OR GASEOUS SUBSTANCES; ALL OTHER
MINERALS OF WHATSOEVER NATURE, WITHOUT REGARD TO SIMILARITY TO THE
ANOVE-MENTIONED SUBSTANCES; AND ALL SUBSTANCES THAT MAY BE PRODUCED THEREWITH
FROM THE PROPER'FY; (2) ALL GEOTHERMAL RESOURCES, EMBRACING; INDIGENOUS STEAM,
HOT WATER AND HOT BRINES, STEAM AND OTHER GASES, HOT WATER AND HOT BRINES
RESULTING FROM WATER, GAS OR OTHER FLUIDS ARTIFICIALLY INTRODUCED INTO
SUBSURFACE FORMATIONS; HEAT OR THE ASSOCIATED ENERGY FOUND BENEATH THE SURFACE
OF THE EARTH; AND BY-PRODUCTS OF ANY OF THE FOREGOING SUCH AS MINERALS
(EXCLUSIVE OF OIL OR HYDROCARBON GAS THAT CAN BE SEPARATELY PRODUCED) WHICH ARE
FOUND IN SOLUTION OR ASSOCIATION WITH OR DERIVED FROM ANY OF THE FOREGOING; AND
(3) THE SOLE AND EXCLUSIVE RIGHT FROM TIME TO TIME TO BORE OR DRILL AND MAINTAIN
WELLS AND OTHER WORKS INTO AND THROUGH THE PROPERTY AND ADJOINING STREETS, ROADS
AND HIGHWAYS BELOW A DEPTH OF FIVE HUNDRED FEE-I' (500') BELOW THE SURFACE THEREOF
FOR THE PURPOSES OF EXPLORING FOR AND PRODUCING ENERGY RESOURCES; THE RIGHT TO
PRODUCE, INJECT, STORE AND REMOVE FROM AND THROUGH SAID BORES, WELLS OR WORKS,
OIL, GAS, WATER AND OTHER SUBSTANCES OF WHATEVER NATURE; AND THE RIGHT TO
PERFORM BELOW SAID DEPTH ANY AND ALL OPERATIONS DEEMED NECESSARY OR CONVENIENT
FOR THE EXERCISE OF SUCH RIGHTS, AS RESERVED BY CHEVRON U.S,A., A PENNSYLVANIA
CORPORATION IN DEED RECORDED APRIL 9, 1998 AS DOCUMENT NO. 0198045011 OF
OFFICIAL RECORDS.
APN: 387-030-01 AND -15
387-040-01, -02 AND -20
EXHIBIT "A"
OR!GINA~
MAP AND ASSESSMENT DIAGRAM
FOR ADDITION OF TERRITORY
(AREA 4-50, CITY IN THE HILLS) TO THE
CONSOLIDATED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
PALADINO
STALE
2O
ROUTE 17
EXHIBIT?B"
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 as
defined on page 2 of this exhibit) 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
(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
Note: Since Proposition 218 was passed in November 1996, assessment rates have
been frozen at the 1996-1997 level.
Page I of 4
EQUIVALENT DWELLING UNIT (EDU) CHART
An Equivalent Dwelling Unit (EDU) is equal to a single family residence. 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 "C"
Page 2 of 4
p_ ITl
ORIGINAL
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
Polo Grounds (1-04)
Undeveloped R-1 zoned
5 acres or more.
EDU REMARKS
3.28/acre
Parkside Villa,qe (2-01)
Single Family 1.0
Dwelling Unit (Vineyard)
Multi-Family
Dwelling Unit (Shores)
Multi-Family
Dwelling Unit
(Edgewater, Brookhaven,
Springs)
Non Residential 24.26
(Castle & Cooke)
Non Residential 7.56
(Parkside Partners)
Brimhall & Verdu,qo (1-09)
Seven Oaks, North (2-11) & South (2-20)
Undeveloped R-1 zoned 3/acre
5 acres or more
California Avenue (1-07)
Stockdale, California NE (1-18)
Stockdalel Villa.qe Lane (1-20)
Non Residential 1.0
0.86/unit
0.58/unit
Rounded down to the
nearest whole number.
(Per condition of
Annexation)
Per parcel plus 0.9 EDU's per
100 feet of California Ave./
Stockdale Hwy, frontage
EXHIBIT"C" ~ ~'~'~ ~'~¢
Page 3 of 4 .~ ~
~RK'~ NA~
USE
Union Avenue(4-07)
Non Residential
Silvercreek (3-04)
370-022-04
Chester Avenue (4-11 & 4-16)
Wall Street (4-25)
Baker Street (4-24)
Baker Street II (4-29)
Stockdale, Calloway (1-15)
Coffee, Gosford (2-15)
EDU
3
0.71/unit
6/acre
REMARKS
Per parcel
Shall be charged at R-3 rate,
12 units/Acre, as per GPA
Resolution No. 22-94
Area for each parcel is based
50% on lot area and 50% on
building area.
Park maintenance fee to be
paid per Agreement 96-81(1).
Stockdale, Buena Vista SW (2-22)
Park maintenance fee to be
paid per Ordinance No. 3957.
S:\PROJECTS\MAIN DIST~ExhibitC\ExhC05.doc
EXHIBIT"C" ~ ~^K~'~
Page 4 of 4 ~- ~
ORIGINA?
EXHIBIT "D"
MAINTENANCE DISTRICT AREA 4-30
Said assessment is made in accordance with the benefit formula attached hereto.
2004-2005
BUDGET
Gross Budget Amount Required $0.00
(City Staff Services or Contract, Supplies, Materials and Utilities)
Estimated Beginning Fund Balance(Deficit) $0.00
Less: City Contributions $0.00
NET AMOUNT TO BE ASSESSED $0.00
EXHIBIT "1~
EXHIBIT "E"
MAINTENANCE DISTRICT AREA 4-30
ASSESSMENT ROLL
FISCAL YEAR 2004-2005
Assessor's Tax No.
387-030-01-00-2
387-030-15-00-3
387-040-01-00-5
387-040-02-00-8
387-040-20-00-0
Total
Total amount to
be collected for
FY 2004-2005
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Date:
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
EXHIBIT "E"
%AK&^
ORtGINAL
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. Il013
COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT
THIS COVENANT is executed on this day of ,200__, by
S & J Alfalfa, Inc. and Mountain View Bravo, a California LLC, (hereinafter, "Owner"), in connection with the
Consolidated Maintenance District, located in the City of Bakersfield, Caliibruia.
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 when landscape and park improvements
have been installed.
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 $125.00
per equivalent dwelling unit, based on 2003 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 run with the land.
Dated this day of
Owner(s)/Developer(s):
S & J Alt~lfa, Inc.
Mountain View Bravo, LLC
,200 __.
City of Bakersfield:
John Cicerone
SecretaiT
Raul M. Rojas, Public Works Director
NOTE: All owner(s)/developer(s) signatures must be notarized.
S: PROJECTS\MAINDIST/COVENANT,MD4-30 PM11013 doc
ORfGINAL
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SS.
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 18th day of Auqust , 2004 she posted on the Bulletin
Board at City Hall, a full, true and correct copy of the following: Resolution of
Intention No. 1339 passed by the Bakersfield City Council at a meeting held on the
18th day of Au,qust 2004 and entitled:
A RESOLUTION DECLARING INTENTION TO ADD
TERRITORY, AREA 4-30 (CITY IN THE HILLS), 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
BY:~epO-ty City C-~l~rk ~ ~'
ORIGINAL