HomeMy WebLinkAboutROI NO 1390
RESOLUTION OF INTENTION NO. 1390
A RESOLUTION DECLARING INTENTION TO ADD
TERRITORY, AREA 1-55 (ALLEN, NORIEGA NW), 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 1-55 (Allen, Noriega NW), 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
(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
attached hereto as Exhibit "E"; and
parcel,
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WHEREAS, the City of Bakersfield has received a letter from the owner of
the property described in Tentative Tract No·s. 6289, 6453 and 6364 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:
1. 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 1-55 (Allen, Noriega NW), 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 1-55 (Allen,
Noriega NW) 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 Zone of benefit and is assessed an amount as 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-Riverside-
Orange County/All Urban Consumers Consumer Price Index.
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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
'JUl 6 2005 , by the following vote:
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~STAIN:
(J SENT')
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COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH. HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCllMEMBER ~
COUNCllMEMBER ~
AS$6.CITY ~~fthe
Council of the City of Bakersfield
APPROVED:
'JD[ G 2DD5
HARV~A~
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By: /2d;d 7n xf¡¡~
Attachments:
Exhibit "1"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
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QORIGINAf
City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 1-55 (ALLEN, NORIEGA NW)
Fiscal Year 2005-2006
Addition of territory, Area 1-55 (Allen, Noriega NW) to the Consolidated
Maintenance District is generally described as an area bounded by a line approximately
Kratzmeyer Road on the north, Allen Road on the east, Noriega Road on the south and
Renfro Road on the west 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. The improvements generally include,
but are not limited to, 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, Area 1-55 (Allen, Noriega NW) is being added to the
Consolidated Maintenance District for the maintenance of public street median and
other street landscaping. The area will be assigned appropriate street tiers in the
Consolidated Maintenance District so that each parcel will be assessed the same
amount as other parcels receiving a similar benefit.
EXHIBIT "1"
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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-Riverside-Orange County/All
Urban Consumers Consumer Price Index. However, parcels will not be assessed until
street landscaping has been installed. When street landscape improvements have
been completed, the appropriate street tier level 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 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, 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 2005-2006 Budget and Assessment Roll as set
forth in Exhibit "0" and Exhibit "E," respectively, attached hereto and incorporated
herein as though fully set forth, upon all parcels of property within additional territory,
Area 1-55 (Allen, Noriega NW), 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"
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OR/GINAtc:i
LEGAL DESCRIPTION
Area 1-55
Being a portion ofthe Northeast quarter of Section 14 and the Southeast quarter of Section 11,
Township 29 South, Range 26 East, M.D.B.&M., more particularly described as follows:
Beginning at the East quarter comeT of said Section 14, said point being the centerline intersection of
Allen Road and Noriega Road, said point also being the True Point of Beginning;
I) Thence North 89°17'37" West, along the centerline of NOTiega Road, a distance of 492.72 feet to
a point on a tangent curve, concave Northeasterly, with a radius of2,000.00 feet;
2) Thence continuing along the centerline of Noriega Road, Northwesterly along said curve,
through a central angle of 45°11' 16", an arc length of I ,577.35 feet;
3) Thence North 44°06'21"West, continuing along the centerline of Noriega Road and the
centerline of Vega Meadows Road, a distance of 1,965.50 feet to the centerline intersection of
Vega Meadows Road and Renfro Road;
4) Thence North 45°53'39" East, along the centerline of Renfro Road, a distance of341.30 feet to a
point on a tangent curve, concave NorthwesteTly, with a radius of 1,400.00 feet;
5) Thence continuing along said centerline of Renfro Road, Northeasterly along said curve, through
a central angle of 20°34' 47", an arc distance of 502.86 feet, more OT less, to a point on the North
line of said Section 14;
6) Thence South 89°15'55" East, along the North line of said Section 14 a distance of 124.63 feet,
more or less, to the North quarter comer of said Section 14;
7) Thence continuing along the North line of said Section 14, South 89°15'53" East, a distance of
2.11 feet, more or less, to the Southwest comeT of Lot 29 of the Sales Map of Lands of the Kern
County Land Company as filed January 1, 1891 in the Office of the Kern County Recorder;
8) Thence North 00°44'52" East along the West line of said Lot 29 and Lot 20 of said Sales Map, a
distance of2,642.15 feet, more or less, to the centerline of Kratzmeyer Road, said point also
being the Northwest comer of said Lot 20;
9) Thence South 89°16'22" East, along the centerline of Kratzmeyer Road, a distance of712.83
feet;
10) Thence departing said centerline, South 00°43' 43" West, a distance of 1,400.00 feet;
11) Thence South 89°16'22" East, a distance of 1,928.91 feet, more or less, to a point on the
centerline of Allen Road, said point also being on the East line of said Section 11;
12) Thence South 00°44'35" West, along said East line and centerline, a distance of 1,242.52 feet,
more or less to the Southeast comer of said Section 11;
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EXHIBIT "A'5 E;
Page 1 of 2 ORIGINAL
13) Thence South 00°43'03" West, continuing along the centerline of Allen Road, a distance of
2,634.16 feet, more or less, to the True Point of Beginning.
Containing 246.32 acres, more or less.
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EXHIBIT "A"OA/GINAL
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MAP AND ASSESSMENT DIAGRAM
FOR ADDITION OF TERRITORY
(AREA 1-55, ALLEN, NORIEGA NW) TO THE
CONSOLIDATED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
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LINE TABLE
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LINE
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DISTANCE
4-92.72'
341.30'
124.63'
2,11'
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BEARING
N 89'17'37" W
N4S'S3'39"E
N89"1S'5S'[
N89"1S'53'[
CUM TABLE
LINE DELTA ANGLE
C1 45'11'16"
C2 20'34'47'
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TANGENT
832.27'
254.17'
RADIUS ARCLENGTH
2000.0~:1 1577.35'
1400,00'1 502,86'
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FILED IN THE OFFICE Of THE CITY CLERK THIS _ DAY
OF 20_
FILED fOR RECORD THIS _ DAY Of
20_ AT _ ---,W., IN BOOI< _ Of" ASSESSMENT
DISTRICTS AT PAGE _IN ltiE OfACE OF THE COUNTY
RECORDER Of THE COUNTY OF' KERN. STATE OF CAUFORNlA.
CITY CLERK Of" THE CITY Of"
BAKERSFlElD, CAUFORNIA
.IAUF'S W F1TCH
COUNTY ASSESSOR-RECORDER
AN ASSESSMENT WAS LEVIED BY THE CITY COUNCIL ON THE LOTS,
PIECES AND PARCELS Of" LAND SHOVIItI OM THIS ASSESSMENT DlAGR......
SArI ASSESSWENT WAS LE\1ED OM THE _ DAY Of
20-: SAID ASSESSMENT DIAGR..... AND
THE ASSESSWENT ROLL WERE RECORDED IN 'n£ OfFICE Of THE
DEPARTMENT Of" PUBUC WORKS Of SAID CITY ON THE _ DAY
Of" 20_ REf'ERENŒ IS MADE TO THE
ASSESSMENT ROLL RECORDED IN n4E OfFICE Of" THE DEPARTMENT Of"
PU8UC WORKS FOR THE EXACT .....OUNT Of EACH ASSESSMENT lE'tIIED
AGAINST EAai PARCEl.. Of" LAND SHO'MoI ON THIS ASSESSMENT DlAGR......
BY
CHIEF DEPUTY RECORDER
RECORDED IN THE OFFICE Of THE OEPAR'T'WENT Of PUBLIC WOftKS
THIS _ DAY Of 20_
'RECTOR OF pu~"KE:",
8A1ŒRSFJELD. C A ' T,
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EXHIBf'I'3'c@~INAL
F1LE: totDI-55 SHEET 1012
CITY a.ERK OF THE CITY Of
BAKERSFIELD. CAUFORNIA
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MAP AND ASSESSMENT DIAGRAM
FOR ADDITION OF TERRITORY
(AREA 1-55, ALLEN, NORIEGA NW) TO THE
CONSOLIDATED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
{KRA TZMEYER ROAD
í's89'16'22'E 712.83'
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EXHIBIT "B"
FILE: ~DI-55 SHEET 2 9f'lla,
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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): The number of Equivalent Dwelling Units (EDU's as
defined on page 2 of this exhibit) for the parcel, and;
Multiplied by (t): The factor for the tier level, which equals the street
tier number, and;
Divided by (b): The total number of street EDU's in the district.
(1) = S x a x t
b
(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): The factor for the tier level, which equals the park tier
number, and;
Divided by (b): 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. Maintenance Districts for new developments
formed after January 12, 2005 shall be assessed per Attachment A of Resolution 019-
05 adopted by the City Council on Jan 12,2005.
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EXHIBIT "C·ç *
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Page 1 of 400RIGINAE>
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:
Single Family (Detached)
Dwelling Unit, less than
5 acres
EDU REMARKS
1.0 Per parcel
1.0 Per parcel
USE
Agricultural Zone
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.
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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
EDU
REMARKS
Polo Grounds (1-04)
Undeveloped R-1 zoned
5 acres or more.
3.28/acre
Rounded down to the
nearest whole number.
(Per condition of
Annexation)
Parkside VillaQe (2-01)
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 & VerduQo (1-09)
Seven Oaks. North (2-11) & South (2-20)
Miramonte. 178 (4-13)
Undeveloped R-1 zoned
5 acres or more
3/acre
California Avenue (1-07)
Stockdale. California NE (1-18)
Stockdale. VillaQe Lane (1-20)
Non Residential
1.0
Per parcel plus 0.9 EDU's per
100 feet of California Ave.!
Stockdale Hwy, frontage
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ORIGINAL:
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. Callowav (1-15)
Coffee. Gosford (2-15)
Stockdale. Buena Vista SW (2-22)
ExhC05Revised
5-04-05
EDU
REMARKS
3
Per parcel
0.71/unit
Shall be charged at R-3 rate,
12 units/Acre, as per GPA
Resolution No. 22-94
6/acre
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).
Park maintenance fee to be
paid per Ordinance No. 3957.
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EXHIBIT ..eÖRIGINAI-
Page 4 of 4
EXHIBIT "0"
MAINTENANCE DISTRICT AREA 1-55
Said assessment is made in accordance with the benefit formula attached hereto.
2005-2006
BUDGET
Gross Budget Amount Required
(City Staff Services or Contract. Supplies, Materials and Utilities)
$0.00
Estimated Beginning Fund Balance(Deficit)
$0.00
Less: City Contributions
$0.00
NET AMOUNT TO BE ASSESSED
$0.00
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EXHIB¡EfIGIlðI.
EXHIBIT "E"
MAINTENANCE DISTRICT AREA 1-55
ASSESSMENT ROLL
FISCAL YEAR 2005-2006
Assessor's Tax No.
Total amount to
be collected for
FY 2005-2006
529-011-17-00-4
529-011-19-00-0
529-012-20-00-9
529-012-22-00-5
$0.00
$0.00
$0.00
$0.00
Total
$0.00
Date:
City Clerk and Ex Officio Cierk of the
Council of the City of Bakersfield
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EXHIBIT ,,~ ~
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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
Tentative Tract No's. 6289 and 6453, All lots.
COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT
THIS COVENANT is executed on this _ day of ,200_, by
Lennar Homes of California. lnc.. a California Corporation (hereinafter, "Owner"), in connection with the
Consolidated Maintenance District, located in the City of Bakersfield, California.
The real property herein described is located within the Consolidated Maintenance District and may be
assessed on an ongoing, yearly basis for maintenance of public landscaping on public rights-of-way within the
district. The appropriate Street Tier will be assigned when landscape 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 $120.96
per equivalent dwelling unit, based on fiscal year 2005-2006 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
day of
,200_.
Owner( s )/Developer( s):
Lennar Homes of California. Inc..
a California Corporation
City of Bakersfield:
Raul M. Rojas, Public Works Director
NOTE: All owner(s)/developer(s) signatures must be notarized.
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ORIGINAL
MD] -55 T6289
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
Tentative Tract No. 6364. All lots.
COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT
THIS COVENANT is executed on this _ day of ,200_, by
Frontier Ranch. LLC. a California Limited Liabilitv Companv (hereinafter, "Owner"), in connection with the
Consolidated Maintenance District, located in the City of Bakersfield, California.
The real property herein described is located within the Consolidated Maintenance District and may be
assessed on an ongoing, yearly basis for maintenance of public landscaping on public rights-of-way within the
district. The appropriate Street Tier will be assigned when landscape 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 $120.96
per equivalent dwelling unit, based on fiscal year 2005-2006 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 ofthe City of Bakersfield. This
covenant shall run with the land.
Dated this
day of
,200
Owner( s )meveloper( s):
Frontier Ranch. LLC.
a California Limited Liability Company
City of Bakersfield:
Raul M. Rojas, Public Works Director
NOTE: All owner(s)!developer(s) signatures must be notarized.
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ORIGINAL
MDl-55,T6364
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 7th day of Julv . 2005 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Resolution of Intention No. 1390.
passed by the Bakersfield City Council at a meeting held on the 6th day of Julv. 2005
and entitled:
A RESOLUTION DECLARING INTENTION TO ADD TERRITORY,
AREA 1-55 (ALLEN, NORIEGA NW), 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
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By~D~ 3-42
DEP T City erk
S:\DOGUMENT\FORMS\AOP.ORD .wpd
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ORIGINAL
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