HomeMy WebLinkAboutRES NO 262-04
RESOLUTION NO. 2 6 2 - 0 4
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AUTHORIZING THE PUBLIC WORKS
DIRECTOR TO CONSTRUCT A DRIVE APPROACH AND
SIDEWALKS AT 1128 EUREKA STREET, CONFIRMING
ASSESSMENTS AND AUTHORIZING THE COLLECTION
OF ASSESSMENTS BY THE KERN COUNTY TAX
COLLECTOR.
WHEREAS, at the request of the property owner the City is proposing to
construct a drive approach and standard sidewalks at 1128 Eureka Street; and
WHEREAS, the City finds that to pay the construction cost of the drive approach
and sidewalks in one payment would produce an economic hardship on the property
owner; and
WHEREAS, to assist the property owner in this area in paying the drive approach
and sidewalk construction costs, the City has agreed to spread the construction costs
over a three-year period; and
WHEREAS, the owner of the property (set forth in Exhibit "A") have entered into
agreements with the City to pay the drive approach and sidewalk construction costs
through their property taxes over the next three-years.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield
as follows:
1. The foregoing recitals are true and correct and are incorporated herein.
2. The Public Works Director is authorized to construct a drive approach and
sidewalks at 1128 Eureka Street in accordance with the terms of the agreement with the
property owner.
3. The City Council hereby confirms and approves the individual assessments
for the drive approach and sidewalk construction costs set forth in Exhibit "A". Said
construction costs (assessment) shall be considered a lien on the owners' property also
shown on Exhibit "A".
4. The Kern County Tax Collector is hereby authorized to collect the
assessments for the drive approach and sidewalk construction costs to be collected in
three equal payments over the next three fiscal years.
5. The provisions of Proposition 218 do not apply as the drive approach and
sidewalk construction costs were imposed at the written request of the property owners.
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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
SEP 2 2 2004 , by the following vote:
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NOES:
ABSTAIN:
ABSENT:
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COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
CITY CLERK and Ex ()fficio C k of the
Council of the City of Bakersfield
APPR()VED:
SEP 2 2 2004
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H-lvEY L. HALL
MA Y()R of the City of Bakersfield
APPROVED AS TO FORM
VIRGINIA GENNARO
City Attorney
By: ~ m xii!?
Attachments:
Exhibit "A"
S:IPROJECTSISidewalkconstrlResl 1128Eureka. DOC
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Subject propertv:
1128 Eureka Street
017-250-09-00-2
()wner:
Maethan Johnson
1128 Eureka Street
Bakersfield CA 93305-5918
Lien amount:
$2,200.00
EXHIBIT "An
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For the benefit of the City
Recording Requested By and
When Recorded Mail to:
James W. Fitch,/. Av..essor- Recorder
Kern County Official necords
Recorded at the request of
Public
DOC#: 0204270748
SOFIR
11/0312004
2:00 PM
City of Bakersfield
1501 Truxtun Avenue
Bakersfield, CA 93301
ATTN: Assistant Finance Director
SIBI Typo.: 1
Pogo.: 1
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Fees
Texes
Othors
PAID
0.00
0.00
0.00
$0.00
CITY OF BAKERSFIELD
ASSESSMENT FOR SIDEWALK AND DRIVE APPROACH
CLAIM OF LIEN
TO WHOM IT MAY CONCERN:
CITY OF BAKERSFIELD (CLAIMANT) STATES AS FOLLOWS:
1, Claimantfurnished services consisting of providing for, construction of six hundred ten (610)
square feet of sidewalk and ninety two and one half (92.5) square feet of drive approach
along various Bakersfield City Streets in accordance with California Streets and Highway
Code, Chapter 27 of Part 3 of Division 7 (Sections 5870, et seq.).
2, The amount of the claimants demand is the sum of Two Thousand, Two Hundred Dollars
and no cents ($2,200,00),
3, The names of the owner(s) or reputed owner(s) and the description of the propertie(s) where
said services were performed are as follows:
APN # 017-250-09-00-2
Maethan Johnson
1128 Eureka Street
Bakersfield, CA 93305
4, Claimant claims liens upon said properties in the sum of Two Thousand, Two Hundred
Dollars and no cents ($2,200.00) pursuant and in accordance with City Council Resolution
No, #262-04 passed and adopted September 22, 2004,
5, This Claim of Lien is recorded for the benefit of the City of Bakersfield (Claimant), pursuant
to '5890 et seq. of the California Streets and Highways Code,
Dated: 10/19/04 By: ~
Nelson Smith, Asst Finance Director
City of Bakersfield
State of California
County of Kern
On ID-;LS cA
Date
before me, Kimmie L. Gearhart. Notary Public
Name, Title of Officer - e,g., "Jane Doe, Notary Public"
Nelson K. Smith
Name(s) of Signer(s)
..x.... personally known to me - OR _ pro'leE! to me on the Basis of sûti£lastery oyiE!enoo to be the
personfsj whose namef&j isiaFe subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in
his/hor/their authorized capacityfiesj, and that by his/hor-ltheir
signaturef&j on the instrument the person(sj, or the entity upon
behalf of which the personfsj acted, executed the instrument.
Personally appeared
. KIMMIE l. GEARHARt
Commission' 128911.
NoIay PublIc - Collfcmla
- Kern County -
.c:ann....DIIc3t.2IM
WITNESS my hand and official seal.
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Signature of Notary
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S:IKIMG\LlENSILIENS & RELEASESILlEN· SIDEWALK & APPROACH DOC
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