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HomeMy WebLinkAbout08/09/2000 BAKERSFIELD David Couch Mike Maggard (vacant) Staff: John W. Stinson SPECIAL MEETING NOTICE URBAN DEVELOPMENT COMMITTEE of the City Council - City of Bakersfield Wednesday, August 9, 2000 4:00 p.m. City Manager's Conference Room Second Floor- City Hall, Suite 201 1501 Truxtun Avenue, Bakersfield, CA AGENDA 1. ROLL CALL 2. ADOPT APRIL. 24, 2000 AGENDA SUMMARY REPORT 3. PUBLIC STATEMENTS 4. DEFERRED BUSINESS A. Discussion and Committee recommendation regarding "bunker" type buildings in the Downtown Business District- Hardisty B. Staff report on status of Charrette Process - Hardisty C. Discussion and Committee recommendation regarding Freeway status report - Rojas D. Discussion and Committee recommendation regarding proposed projects using Transportation Development Fees - Shaw 5. NEW BUSINESS A. Discussion and Committee recommendation regarding proposed tree ordinance and tree replacement policies - Stinson B. Discussion and Committee recommendation regarding Assessment District Notification Process- Klimko C. Discussion and Committee recommendation regarding meeting schedule 6. ADJOURNMENT S:~John\UrbanDev\00aug09agen.wpd FILE COPY BAKERSFIELD ~r~/~ Randy Rowles, Chair Al~'n Tan~ly, City Manager David Couch Staff: John W. Stinson Mike Maggard AGENDA SUMMARY REPORT URBAN DEVELOPMENT COMMITTEE Meeting of Monday, April 24, 2000 4:00 p.m. City Hall- Council Chamber 1. ROLL CALL Call to Order at 4:00 p.m. Present: Councilmembers: Randy Rowles, Chair; David Couch; and Mike Maggard 2. ADOPT MARCH 22, 2000 AGENDA SUMMARY REPORT Adopted as submitted. 3. PRESENTATIONS None 4. PUBLIC STATEMENTS None 5. DEFERRED BUSINESS A. Review and Committee recommendation regarding Shellabarger Road access - Rojas Kern County Road Director Craig Pope discussed the concerns by residents on Shellabarger Road about the difficulty getting out on to Calloway Road. He suggested a temporary solution of putting in a temporary (sub-standard) opening at Pepita and Shellabarger, until their separation of grade project is completed and a stop light is installed on Calloway, which will take several months. There were concerns eXpressed regarding a sub-standard road and increased liability. He also spoke about proposals the County is looking at, one is the possibility of a road from Shellabarger down to Brimhall on the extension of Verdugo, and another possibility would be extending Madetta through to Palm, but each would be expensive requiring right-of-way acquisition and stop lights. AGENDA SUMMARY REPORT Monday, April 24, 2000 Page -2- Doug and Joan Burton, Shellabarger Road, spoke in opposition to opening Shellabarger Road at Pepita Way. . Karen Cox, Shellabarger Road, spoke regarding the dangers of turning left from Shellabarger and left on to Shellabarger and in favor of opening Shellabarger Road at Pepita Way. Leonard Cook, Shellabarger Road, spoke in opposition to opening Shellabarger Road at Pepita Way. Sharon Spanke, owner of Heartland Homes, spoke in opposition to opening Shellabarger Road at Pepita Way. Janet Carter, Shellabarger Road, spoke.in opposition to opening Shellabarger Road at Pepita Way.. Norma Dixon, Cilantro Avenue, spoke in opposition to opening Shellabarger at Pepita Way. Michael Fanucchi, Shellabarger Road, stated the way Shellabarger Road is today is unacceptable, but if the decision is to keep the road closed, there is a need for a cul de sac to be built so people can turn around and to provide Mr. Cook a way to exit his property. Stuart Baugher, Lucille Avenue, spoke in opposition to opening Shellabarger at Pepita Way and the need for the County to put another road through to Shellabarger, preferably to Brimhall. He provided a binder of materials, which is available in the City Manager's office. Copies will be made upon request. Wallace Bedford spoke regarding their possible purchase of property on Verdugo, which includes the five acre parcel where right-of-way will be needed if Verdugo were extended to Brimhall Road. The Committee expressed concerns about traffic turning around in residents' yards because the street is narrow and the .need to address this as soon as possible. Committee member Couch, after discussion with Mr. Pope, stated he would like to encourage the County to connect Shellabarger Road with Brimhall and with Palm in whatever manner is easiest, most effective, whether that be Marietta or Verdugo, and if possible, dudng construction of the grade separation project at Calloway to consider making the connection of Palm to Shellabarger a top pdodty. He would also like to ask the County to look at the five acre parcel that may be needed to put the road through. He stated that ultimately Shellabarger and Pepita should probably connect. After discussion, the Committee directed staff to meet with County staff and explore what options are available to put roads through to Shellabarger and if possible, how the timing can be achieved with the separation of grade project scheduled at Calloway. Staff was directed to bring this information to the June 5t" Urban Development Committee meeting. URBAN DEVELOPMENT COMMITTEE ~'"':~'~ ~ AGENDA SUMMARY REPORT Monday, April 24, 2000 Page -3- B. Discussion and Committee recommendation regarding Downtown Business and Property Owners' Vision effort -- possible formation of a Business Improvement District (This item heard first.) Herman Ruddell stated there is interest by some members in the Downtown Business Association (DBA) regarding forming a property based business improvement district to generate revenue for capital improvements such as ,permanent parking assets, solid waste management for installing garbage compactors, and such things as streetscape maintenance. Since there is not full support among all the downtown businesses and property owners, the DBA will need to market this idea to convince its .membership and non-member businesses in the area-of the benefits. The City Attorney's office has provided them with information and they would like to work with City staff on details of how a district can be formed. John Sarad asked how the amount of an assessment is determined. City Attorney Bart Thiltgen explained assessments and how they are based upon the benefit that the property will receive. He further explained the different types of districts and the voting requirements under Proposition 218. By local statute, the City would have to form the distdct and be responsible for the collection, either through business license taxes or assessments on property taxes. Cathy Butler, from the Downtown Business Association, spoke about their interest in a shuttle or trolley service for the downtown. She said the DBA would like to explore the possibility of working through the Charrette process to create a vision on paper to interest the downtown property owners in order to raise the level of support to form a district. Committee Chair Randy Rowles agreed with her request and stated his preference would be that the Charrette process be used to come up with such a beautiful picture that the market forces in the downtown would react positively to solve the problem. 6. NEW BUSINESS A. Discussion and Committee recommendation regarding "bunker" type buildings in the Downtown Business District- Hardisty Development Services Director Jack Hardisty stated this item was referred to this Committee by Council due to concerns about bunker-type buildings in the downtown. It is getting popular with banks and telecommunication type businesses to construct buildings like large boxes with no windows in the front, only doors, clue to riots, graffiti and vandalism. There is concern that this might become a little more widespread creating a canyon effect with too many walls. Urban design holds that a certain openness at the pedestrian level is conducive to a healthy office and retail environment setting. An architectural standard could be adopted that would be applicable for all buildings constructed in the downtown area or commercial areas that would maintain a degree of openness at the pedestrian level. This would not determine the style of architecture, but there would be a degree of architectural review when the plans come in as they would be checked for doors, windows, and openness with retail space relevant to D AFT AGENDA SUMMARY REPORT Monday, April 24, 2000 Page -4- the pedestrian environment. Telecommunications, as an entity, is preempted by Federal Government rules and regulations and any standard would have to be consistent with these dghts. The Committee expressed that they would like to find something that is fair and non-intrusive to what property owners are trying to accomplish and let the free market determine what is to be built whenever possible. The Committee directed staff to continue to investigate to see what other cities are doing to maintain openness and bdng information back to the Committee at a future time whenever staff has something to report. 7. COMMITTEE COMMENTS The Committee directed staff to bring the leaf blower issue ba'ck to the June 5th Committee meeting with an update on the progress of State legislation. 8. ADJOURNMENT Adjourned at 6:22 p.m. cc: Honorable Mayor and City Council Attendance: Staff: Assistant City Manager John Stinson, City Attorney Bart Thiltgen, Development Services Director Jack Hardisty, Economic Development Director Jake Wager, Fire Chief Ron Fraze, Public Works Civil Engineer Marian Shaw and Public Works Traffic Engineer. S:John\UrbanDev\U DOOapr24Summary.wpd BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM TO: Urban Development Committee FROM: ~/_/Raul Rojas, Public Works Director DATE: ~' August 4, 2000 SUBJECT: Transportation Impact Fee Facilities List Annual Update The City is required by State law to annually adopt a Capital Improvement Plan for the Transportation Impact Fee. This Capital Improvement Plan reflects the City of Bakersfield Capital Improvement Plan adopted by the City Council for FY 2000-2001. Additionally, staff is proposing to add several projects to the facilities list, shown on the attached list. cc: Reading File TIF File Jacques.R. LaRochelle, Engineering Services Manager Marian P. Shaw, Civil Engineer IV S:\MEMOS\2000\New TIF List.wpd PROJECTS TO BE ADDED TO THE TIF LIST Date Requested Pro|ect May 2, 1998 Canal Bridge Widenings - Kroll Way @ Arvin Edison Canal and Monitor ~ Arvin Edison Canal- requested by Jacques R. LaRochelle, Engineering Services Manager May 2, 1998 Hageman and Route 204 Connection - requested by Jacques R. LaRochelle, Engineering Services Manager December 15, 1998 Canal Bridge Widening at Kern Island Canal and Berkshire and Hosking (Near So. H Street)- requested by Fred'Porter February 8, 1999 Signal at the intersection of Buena Vista Road and River Oaks Drive (south of Stockdale Highway) - requested by Gordon Statler May 25, 1999 Hosking Road from Akers ROad to So. "H" Street - 4 lanes? - requested by Jack Turman July 7, 1999 Interchanges: Hosking ~ 99 - $10 million 24th Street ~ Oak and Sillect connection - $15 million January 24, 2000 SR 178 from Fairfax to Miramonte - 2 lanes - requested by Tom Carosella June 27, 2000 SR 178 (24th Street) from Oak Street to B Street - 2 lanes - inadvertently left off the Phase II list. S:\PROJECTS\TIF~PHAS E2\To Add.wpd I PROJECTS TO BE REMOVED FROM THE TIF LIST County Request: Signal ~ McCutcheon & Gosford Signal ~ McCutcheon & Progress S 5PROJECTS\TIF~PHASE2\To Add.wpd 2 MEMORANDUM TO: Urban Development Committe~ ////,//, FROM: Gregory J. Klimko, Finance Dir DATE: August 4, 2000 SUBJECT: SPECIAL ASSESSMENT DISTRICT LIEN NOTIFICATION The City currently has 17,570 parcels spread through 22 special assessment districts. The vast majority of these districts were established at the request of developers or builders. The City's Municipal Code Section 13.08.060 adopted by ordinance No. 3674 on September 27, '1995 requires notices to buyers of all real property subject to special. assessment liens with few exceptions. The ordinance states in part, "...the nature and amount of all existing and/or proposed special assessment liens regarding the property shall be set forth plainly and concisely." The Board of Realtors recommended disclosure statement form and some of the forms provided by developers/builders provide for compliance. However, some builders disclosure statements merely disclose existence of a special assessment lien and direct the purchaser to contact the City Finance Department for specific information. Attached are documents which affect this subject with specific page references: Memorandum from Donald Anderson Pg. 1 Board of Realtors Disclosure Statement Pg. 3 Ordinance No. 3674 Pg. 4 Kyle Carter Homes Disclosure Statement Pg. 6, 12 Coleman Homes .Disclosure Statement Pg. 27 Castle & Cooke Notice of Assessment: Residential Pg. 31 Commercial Pg. 33 GJ K/dwb August 4, 2000 (10:42am) S:\Darrin\Gregory\Blank - UDC -SpAssmtlnfo.wpd BAKERSFIELD MEMORANDUM ~,2000 To: Gregory J. Klimko, Finance Director From: Donald M. Anderson, Senior Real Property Agent Subject: Ordinance No. 3674 - B.M.C. 13.08.060 - Special Assessment District Liens Per your request, I investigated how the Bakersfield real estate community complies with the above referenced ordinance. First, I meet with Polly A. Hamm, Executive Officer of the Bakersfield Association of Realtors (B.O.R.). She was gracious enough to provide an original of the "Disclosure of Special Assessment District Liens= used to comply With the City Ordinance No. 3674. This form was developed by the City Attorney's Office with input from the Bakersfield real estate community. Most Realtors are members of the B.O.R. which advises/encourages compliance with all applicable rules, laws, and/or ordinances of any kind or nature. Ms. Harem said she heard of incidents where nonmembers did not comply with our ordinance and contacted the City Attorney's Office for assistance and was told the City is not the enforcement agency. Then I contacted three large local builders: Kyle Carter Homes; Coleman Homes; and Castle & Cooke and they all said they complied with the City's Ordinance. Further, they faxed me their disclosure forms used for this purpose. Lastly, I spoke with Frank Hinmon, co-owner of Prudential America West, one of the largest Bakersfield real estate offices. He requires his agents to provide all applicable disclosures including the "Assessment District Disclosure" regardless if a property is in the City or County. Currently, he is working with the B.O.R. to modify the existing disclosure form to make it suitable for both City and County areas. Also, he has previously contacted the City regarding out-of-town builders who were not complying with the ordinance and the City did nothing. In summary, it appears the majority of Realtors and builders are making a good faith effort to comply with the City's ordinance, but there are some out-of-town builders and Realtors who are not. The issue seems to be lack of an enforcement agency and that it is not metropolitan wide. ' Please advise if you need anything further. · Bakersfield Association of Realtors http://www.bakersfieldrealtor.com/in~ex.htmF BAKERSFIELD Association of REALTORS® ~ 5' y RE~UOR'~ The Objectives of the Bakersfield Association of REAL TORS® To unite those engaged in the recognized branches of the real estate profession for a beneficial influence upon the profession. To promote and maintain high standards of conduct in the real estate profession as expressed in the-REAL TORS® Code of Ethics. Provide a unified medium for real estate owners whereby their Mailing Address: interests may be safeguarded and advanced 4800 Stockdale Hwy, #100 P.O. Box 9338 Further the interests of home and other real property ownership. Bakersfield, CA USA 93389-9338 (661) 635-2300 You may E-mail us at Association E-mail Iofl 7/25/00 10:15 AM DISCLOSURE OF SPECIAL ASSESSMENT DISTRICT' LIENS (Pu'rsu~nt to Ca~fomia Ciwl Code Section 1102.6e) LOCAL OPTION REAL ESTATE TRANSFER DISCLOSURE STATEMENT THIS DISCLOSURE STATEMENT CONCERNS THE REAL PROPERTY SITUATED IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED AS: THIS STATEMENT IS A DISCLOSURE OF THE CONDITION OF THE ABOVE DESCRIBED PROPERTY IN COMPLIANCE WITH ORDINANCE NUMBER 3674. AMENDING SECTION 13.08.060 oF THE MUNICIPAL CODE OF THE CITY OF BAKERSFIELD 'AS OF OCTOBER 27, 1995. IT IS NOT A WARRANTY OF ANY KIND BY THE SELLERS(S) OR ANY AGENTS(S) REPRESENTING ANY PRINCIPAL(S) iN THIS TRANSACTION, AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES THE PRINCiPAL(S) MAY WISH TO OBTAIN. I SELLERS INFORMATION The Seller discloses the following information with the knowledge that even though this is not a warranty, prospective Buyers may rely on this information in deciding whether and on what terms to purchase the subject property. Seller hereby authorizes any agent(s) representing any principal{s) in this transaction to provide a copy of this statement to'any person or entity in connection with any actual or anticipated sale of the proDerty. THE FOI'LOWING ARE REPRESENTATIONS MADE BY THE SELLER(S) AS REQUIRED BY THE CITY OF BAKERSFIELD, AND ARE NOT THE REPRESENTATIONS OF THE AGENT(S), IF ANY. THIS INFORMATION IS A DISCLOSURE AND IS NOT INTENDED TO BE PART OF ANY CONTRACT BETWEEN THE BUYER AND SELLER. SPECIAL ASSESSMENT Di_S_T. RJCT LIENS 1. [] The.property is subject to one or more Special Assessment District Liens, as set forth on the attached copy of the __ Kern County Property Tax Bill. 2. [] The property is subject to one or more Special Assessment District Liens as follows: {Describe nature and amount of lien(s)}: 3. [] Other (exl31ain): {~uyer should contact tt~e City of Bakersfield at (661) 326-3058 or the County of Kern at (661) 861-2335 for further Information concerning the aOove. Seller certifies that the information 13erein is true and correct to the best of the Seller's knowledge as of the date signed by the Seller. Seller Date Seller Date II BUYER(S) AND SELLER(S) MAY WISH TO OBTAIN PROFESSIONAL ADVICE AND/OR INSPECTIONS OF THE PROPERTY AND TO PROVIDE FOR APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN BUYER(S) AND SELLER{S) WITH RESPECT TO ANY ADVICE/INSPECTIONS/DEFECTS. I/WE ACKNOWLEDGE RECEIPT OF A COPY OF THiS STATEMENT Seller Date Buyer Date Seller Date -- Buyer Date Agent By Date (Broker Representing Se#er) ~,~ A~ent Bv ___ JUL-__-____25 ~ 13:11 ORDINANCE NO. 3674 AN ORDINANCE AMENDING SECTION 13.08.060 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO NOTICE TO BUYERS OF SPECIAL ASSESSMENT DISTRICT LIENS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION I. Section 13.08.060 of the Bakersfield Municipal Code is hereby amended to read as follows: 13.08.060 Notice t~Buvqr, A. Delivery of Local Addendum TDS. All transferrors (sellers) of real property {including developers) subject to any special assessment district liens in th~ City of Bakersfield shall deliver to the buyer a completed Local Addendum Transfer Disclosure Statement pursuant to California Civil Code section 1102.6(a), in which the nature and amount of all existing and/or proposed special assessment liens regarding the property shall be set forth l~lainly and concisely. This requirement applies to transfers by sale, exchange, installment land sale contracts (as defined in Civil Code section 2985), lease with op~Jon to purchase, any other option to purchase, or ground lease coupled with improvements, unless the transfer is exempt as set forth in Paragraph C below. If the seller is unaware of the exact amount of the special assessment lien, the seller shall estimate the lien amount based on information and knowledge available or known to seller at the time of [he disclosure. B. Time of Delivery. In the case of transfers of new one-to-four unit residential properties wherein the transferror is a developer or original builder and the residentia; property has not previously been occupied, the Local Addendum Transfer Disclosure Statement shall be delivered to the buyer at or prior to the time the buyer enters into a contract for the sale of fl~e property. In all other cases, theLocalAddendumTransferDiaclosureStatemen~shallbedelivered to the buyer within five days after entering into a contract for the 'sale of the property. C. Exempt Transfers, Transfers made pursuant to Business and Professions Code Section 11010.4 {sales of new 1-4 unit residential properties where no public ceport is required) shall no_.~t be exempt from the requirements of this ordinance. However, each of the remaining categories of exempt transfers described in California Civil Code Section 1102.01, as set forth below, shall be exempt transfers from the requirements of this ordinance, to wit: 1. Transfers pursuant to Court Order {such as probate sales, sales by bankruptcy trustee, 2. Transfers by foreclosure {including a Deed in Lieu of Foreclosure and a transfer by a beneficiary who has acquired the property by foreclosure or Deed in Lieu of Foreclosure); .3. Transfers by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust; 4. Transfers from one co-owner to one or more other co-owners; 5. Transfers made to a spouse or to a direct blood relative; 6. Transfers between spouses in connection with a dissolution of marriage or similar p~oceeding; 7. Transfers by the State Controller pursuant to the Unclaimed Property Law; 8. Transfers as a result of a failure to pay property taxes; 9. Transfers or exchanges to or from any governmental entity. SECTION 2. This ordinance shall be-posted in accordance with provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. TOTAL P. 07~28/00 11:06 FAX 661 589 142~5 KYLE CARTER H0]/ES ~]001 KYLE , CARTER H'* O*M*'E*S , m~;. · July 28, 2000 · De~ Mr. Anderson, " As per our telephone C'on~ersation, i am faxing toyou one of our Short Disclosure Statements. We provide this disclosure to all o four customers Every one of our communities have their own Short Disclosure · Statement that is tract specific to their location. This document is researched and produced by our legal d~partment. · If you have any questions please feel free to contact us regarding this matter. Sin.ce, rely,. Sales Manager Kyle Carter Homes, Inc. 805/399-0239.fax 805/589-1425-3851 fruitva, le·avenueobakersfield, ca. 93'308 07/28/00 11:06 FAX 661 589 1425 KYLE CARTER HOMES ~]002 DISCLOSURE OF'SPECIAL ASSESSMENT DISTRICT LIENS IPursuant to California Civil Code Section 1102.6a) LOCAL OPTION REAL ESTATE TRANSFER DISCLOSURE STATEMENT THIS DISCLOSURE STATEMENT CONCERNS THE REAL PROPERTY SITUATED IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED AS:. THIS STATEMENT IS A DISCLOSURE OF THE CONDITION OF THE ABOVE DESCRIBED PROPERTY IN COMPLIANCE wITH ORDINANCE NUMBER 3674. AMENDING SECTION 13.08.060 OF THE MUNICIPAL CODE OF THE CITY OF BAKERSFIELD AS OF OCTOBER 27, 1BB5. IT IS NOT A WARRANTY OF ANY KIND BY THE SELLERS{S, OR ANY AGENTS{S) REPRESENTING ANY PRINCIPAL{S, IN THIS TRANSACTION, AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES THE PRINCIPAL{S) MAY WISH TO OBTAIN. I SELLERS INFORMATION The Seller discloses the following information with the knowledge that even though this is not a warranty, prospective Buyers may rely on this information in deciding whether and on what terms to purchase the subject property. Seller hereby authorizes any agent{s, representing any principal[si in this transaction to provide a copy of this statement to any person or entity in connection with any actual or anticipated sale of the property. THE FOLLOWING ARE REPRESENTATIONS MADE BY THE SELLER{S, AS REQUIRED BY THE CITY OF BAKERSFIELD, AND ARE NOT THE REPRESENTATIONS OF THE AGENT{S,, IF ANY. THIS INFORMATION IS A DISCLOSURE AND IS NOT INTENDED TO BE PART OF ANY CONTRACT BETWEEN THE BUYER AND SELLER. SPECIAL ASSESSMENT DISTRICT LIEN,~ 1. [] The property is subject to one or more Special Assessment District Liens, as set forth on the attached copy of the 19__ __ Kern County Property Tax Bill. 2. [] The property is subject to one or more Special Assessmen~ D strict Liens as follows: {Describe nature and amount of lien{si,: Buyer should contact the City of Bakersfield at {805) 326-3058 or the County of Kern at {805)861-2335 for further inl=ormation concerning the above. Seller certifies that the information herein is true and correct to the best of the Seller's knowledge as of the date signed by the Seller. Seller Date Seller Date II BUYER{S, AND SELLER{S) MAY WISH TO OBTAIN PROFESSIONAL ADVICE AND/OR INSPECTIONS OF THE PROPERTY AND TO PROVIDE FOR APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN BUYER{S, AND SELLER[SI WITH RESPECT TO ANY ADVICE/INSPECTIONS/DEFECTS. I/WE ACKNOWLEDGE RECEIPT OF A COPY OF THIS STATEMENT Seller Date ~ Buyer . Date __ Seller Date Buyer Date __ Agent. By (Broker. Representing Seller) Date Agent. By (Broker Represenb'ng Buyer) ~. Date A REAL ESTATE BROKER IS QUAUFIED TO ADVISE ON REAL ESTATE. IF YOU DESIRE LEGAL ADVICE,. CONSULT YOUR ATTORNEY. 07Y28/00 11:07 FAX 661 589 1425 KYLE CARTER H0~ES ,' .... ~]003 H.O M.E.S il"lC. SHORT DISCLOSURE STATEMENT Tract 5921-1/Madison Grove Table of Contents Utilities 1 Schools 1-2 Elected Representatives 2-3 Taxes 3-4 Assessments 4-6 Supplemental Taxes 6 Soils 6 Easements 6 Future Development/Uses and Zoning 7 Construction & Sales Activity 7 Model Homes, Decorator and Landscaping Items 7 Carpeting 8 Brass Plumbing/Light Fixtures/Hardware 8 Cable TV 8 Telephone Outlets 8 Smoke DetectOrs and Water Heaters 8-9 Drainage 9 Lot Variation 9 Perimeter Wall/Fences 9 Homes/Garages 10 Views-Open Spaces 10 Flood Hazard Zone 10 Seismic Compliance 10-11 Healthy,House 11 Legal Documents 1 l- 12 Plans and Prices 12 Neighboring Business Activity 12-13 Effective ! 1/03/99 Published [ Ill 7/99 07Z~8/00 11:0.7 FAX 661 589 1425 KYLE CARTER HOMES ~004 Condition of Property 13 Warranty 13 Authority of Sales Agent(s) 13 Related Entities 13 Purchase Incentives 14 Signature Page 14 Map of Tract No. 5921-1 15 Zoning Map 16-17 Abandoned Well Exhibit Map 18 Attestation of Compliance re Smoke Detector & Water Heater in Accordance with Health & Safety Code {}13113.8('b) and {} 19211 Appendix "A" Statutory Natural Hazard Disclosure Statement re Tract 5921-1 Appendix "B" Statutory Real Estate Transfer Disclosure Statement Appendix "C" Statutory Disclosure Regarding Real Estate Agency Relatioriships (As required by California Civil Code {}2079.16) Appendix "D" Effective ! 1/03/99 ii Published 11/17/99 F ...... 07,,/....28/00.__.!_.1.~07 FAX 661 589 1425 KYLE CARTER HOI~IES '~ ~ ~]005 KYLECARTER H.O.M.E.S ' iRC. KYLE CARTER HOMES, INC. has prepared this short disclosure to inform purchasers and potential purchasers within Madison Grove Tract 5921-1 of the following information pertaining to this community. This information is subject to change and should not be considered absolute fact. For further and more accurate information please refer to the names and numbers listed with each disclosure. 1. UTILITIES Southern California Gas Co. (800) 427-2200 PG&E - Electric (800) 743-5000 California Water Service (661) 396-2400 Pacific Bell (800) 310-2355 2. SCHOOLS Information regarding the public schools serving the Madison Grove community can be obtained from the following districts: Grades K-8: Norris School District Telephone: (661) 399-7987 6940 Calloway Drive, Bakersfield, CA 93312 Mr. A1 Sandrini, Superintendent Grades 9-12: Kern High School District Telephone: (661) 827-3100 5801 Sundale, Bakersfield, CA 93309 Mr. Bill Hatcher, Superintendent Currently, the best information available to Kyle Carter Homes, Inc., is that Madison Grove community students will be served by the following schools: Norris Elementary School (K-5) Centennial High School (%12) 6940 Calloway Drive 8601 Hageman Road Bakersfield, California 93312 Bakersfield, California 93312 (661) 399-9591 (661) 588~8601 School Secretary: Cathy Wimberly Registrar: Jan Johns Principal: Sharron Wennihan Principal: Dave Olds Buyer's Initials ? ....... 07/28/9~ .... ~lg. gZ.. FAX 661 589 1425 KYLE CARTER HOMES ~006 ' -" Norris Middle School (6-8) 6940 Calloway Drive Bakersfield, California 93312 (661) 399-5571 School Secretary: Sherryl Wachob Principal: Steve Shelton Homeowners should contact the appropriate school district office and schools for the most up-to-date information regarding placement at the public schools as attendance should be verified due to periodic changes. New high schools in particular are being added periodically and districts, therefore, change with the completion and opening of new schools. In addition, information regarding transportation for school students can be provided by the appropriate districts. 3. ELECTED REPRESENTATIVES Homeowners in Madison Grove are represented by the following elected representatives who may be contacted as indicated. Bakersfield City Council 'Ward 4 David Couch 1501 Truxtun Avenue Telephone: 326-3767 Bakersfield, CA 93301 Kern County Board of Supervisors District 4 Barbara Patrick 1115 Truxtun Avenue Telephone: 868-3680 Bakersfield, CA 93301 Field Office: 1248 Norris Road Telephone: 391-7480 Bakersfield, CA 93308 California State Senate 14th District Four-year term commencing 12/7/98: Chuck Poochigian (R) 841 Mohawk, Suite 190 Telephone: 661-324-6188 Bakersfield, CA 93309 FAX: 661-324-6199 5052 Capitol BuildingTelephone: 916-445-9600 Sacramento, CA 95814 FAX: 916-327~3523 __ Buyer's Initials 2 07A28/00 11:08 FAX 661 589 1425 KYLE CARTER HOLES ~007 California State Assembly 32nd District Roy Ashbum (R) 5136 State Capitol Telephone: 916-319-2031 Sacramento, CA 95814 FAX: 916-319-2132 1200 Truxtun Avenue, # 120 Telephone: 661-395-2995 Bakersfield, CA 93301 FAX: 661-395-3883 U. S. Senate (two Senators) Barbara Boxer (D) Telephone: 202-224-3553 112 Senate Hart Office Building Washington, D.C. 20510 1700 Montgomery Street, #240 Telephone: 415-403-0100 San Francisco, CA 94111 FAX: 415-956-6701 Diane Feinstein (D) 331 Senate Hart Office Building Telephone: 202-224-3841 Washington, D.C. 20510 FAX: 202-228-3954 1700 Montgomery Street, #305 Telephone: 415~249-4777 San Francisco, CA 94111 U. S. House of Representatives 21 st District William M. Thomas (R) 2209 Rayburn House Telephone: 202-225-2915 Washington, D.C. 20515 FAX: 202-225-2908 4100 Truxtun Avenue, #220 Telephone: 661-327-3611 Bakersfield, CA 93309 FAX: 661-631-9535 As the various political district boundaries may be redrawn from time to time and. the representatives may change with each election, it will be necessary for the home buyers to periodically confirm the district in which their address is located and the identity of'their current representatives. 4. TAXES Real estate taxes for Madison Grove are determined by multiplying the local tax rate by the full cash value of the property. For the purchaser of a lot in this subdivision, the "Full cash value" of the lot or unit will presumptively be the valuation, as reflected on the tax roll, determined by the Kern County Tax Assessor as of the date of purchase of the lot or unit. For the 1999-2000 tax year, the total property tax rate in Kern County Buyer's Initials 3 // 07/28/00 11:08 FAX 661 589 1425 KYLE CARTER HOMES ~005 applicable to homes in this subdivision is estimated to be approximately 1.25% of the full cash value. The actual tax rate may be greater or less than this estimate and will not be available until after an Assessor's Parcel Number is assigned to the property by the County Assessor in January, 2000. The total tax rate may be increased by the issuance of general obligation bonds previously approved by the voters and sold by a county water district, a sanitation district, or other such. For further information regarding the tax rates, prospective purchasers should contact Mr. Philip Franey at the Kern County Tax Assessor's office at 1115 Truxtun Avenue, 2nd Floor, in Bakersfield.. The telephone number is (661) 868-3202. In addition to the tax described in this paragraph, properties within the community will be subject to the assessments described below. 5. ASSESSMENTS Assessments for the following districts/agencies have been obtained for the operating budget, cycle 7/1/98 to 6/30/99. Each year the districts/agencies adopt new assessment budgets, which under the law are allowed to increase 2% annually. No information is available at the present time for the 7/1/99 to 6/30/00 budget cycle. The homeowner can make a determination as to whether a particular assessment has been increased for the next fiscal year by telephoning that district/agency after July 31, 2000. Consolidated Maintenance District: The Madison Grove community lies within the boundaries of the City of Bakersfield Consolidated Maintenance District, which is a benefit assessment district for street and median landscaping and park purposes. Each homeowner in the Madison Grove community will pay an assessment every year as part of their property tax bill; this tax assessment is in perpetuity. The assessment will be based on the proportionate cost of maintaining the landscape areas within the landscape maintenance district. The assessment against each lot in tract 5921-1 cannot be determined until after an APN is assigned to the property by the County Assessor in January, 2000. The amount of the annual assessment on each lot within Tract 5921-1 is expected to be approximately $110, which equals approximately $9.17 per month. Each year, the tax will be calculated on actual costs to operate the consolidated maintenance district and is subject to variation from year to year. As landscape medians and park areas' inlyour district are completed, the annual assessment will be adjusted to take into account the changes occurring within your district. For further information contact City of Bakersfield, Department of Public Works, at (661) 326-3592. The address is 1501 Truxtun Avenue, Bakersfield, California 93301. City of Bakersfield Assessment District No.94-3: The property tax bill for homeowners within Madison Grove will include an assessment for a City of Bakersfield Assessment District. This Assessment District will finance the construction and acquisition of street, storm drain, sanitary sewer and park improvements benefiting the Madison Grove community. The total assessment against each lot in Tract 5921-1 will not be determined until after an Assessor's Parcel Number is assigned to the property by the County Assessor in January, 2000. This assessment will be paid ove~' a specific number of years (usually about 15 to 20 years) commencing with property tax year 1999- 2000. The amount of the annual assessment on each lot within Tract 5921-1 is expected Buyer's Initials 4 /.2. 07&28/00~ !I:..08..FAX 661 589 1425 KYLE CARTER HOMES ~009 to be approximately $200 and will be part of the property tax bill. After January, 2000, the actual amount can be verified by the City of Bakersfield, Finance Department, 1501 Truxtun Avenue, Bakersfield, California 93301. The telephone number is (661) 326- 3057. Solid Waste Collection: The property tax bill for the Madison Grove community homeowners will also include a City of Bakersfield Solid Waste Collection fee per year. The 1998-99 tax year billing for solid waste collection will be $134.00, which equals $11.17 per month. Each year this tax is based on actualcosts to operate the district and is subject to variation from year to year. This tax will continue for an indefinite period. The homeowner should call the district to start refuse service, at which time the district will provide the waste containers which must be used with their automated equipment. For more information regarding solid waste collection, you may call customer service at (661) 326-3114. The office is located at 4101 Truxtun Avenue, Bakersfield, California 93309. City of Bakersfield Sewer Assessment: The property tax bill for the Madison Grove community homeowners will also include a City of Bakersfield Sewer Assessment fee per year. This assessment is for the sewer system operation into the City of Bakersfield's sewer system. The 1998-99 tax year billing for sewer system operation will be $110.00 which equals approximately $9.17 per month. Each year this tax is based on actual costs to operate the sewer system operation and is subject to variation from year to year. This tax will continue for an indefinite period. For further information regarding the City of Bakersfield Sewer Assessment, you may call customer service at (661) 326- 3249. The office is located at 8101 Ashe Road, Bakersfield, California 93313. Kern Community College Assessment: The Kern Community College District is funding repairs to Bakersfield College Stadium. The assessment for the 1998-99 tax year is $9.90 per lot, which equals approximately $0.83 per month. This assessment will be paid over a 20-year term commencing with property tax year 1996-97. For further information regarding the Kern Community College Assessment, you may contact the Kern Community College District at (661) 336-5100. Mello-Roos Community Facilities Act: Homes constructed after 1992 and which are located within the Rosedale, Rio Bravo-Greeley or Norris School Districts are subject to an additional annual school assessment in the approximate amount of $432.81 per household. If you have questions regarding the applicability of this assessment contact Mary Wilkins, office of the Superintendent of Schools, at 634-4599. Cawelo Water District: The property tax bill for the Madison Grove community homeowners will also include a Cawelo Water District assessment fee per year. This assessment is made on all property that lies within the Cawelo Water District, which is an agricultural water supply agency. The property which the homeowner is purchasing is a part of a large agricultural water and irrigation district, mad the lot purchased by the homeowner acts as part of the collateral for district improvement bonds. Each year this Buyer's Initials 07/28/00 '11:09 FAX 661 589 1425 KYLE CARTER HOLES ~ClO .' tax is based on the District's obligations for the year in excess of the receipts from water charges, both of which are reflected in the District's Annual Estimate of Obligations filed with the Clerk of the Board of Supervisors of the County of Kern. The 1999-2000 tax year billing for the water district operation will be approximately $47 per acre, which is approximately $15.67 Per household. Although the lot purchased by the homebuyer is no longer used for agricultural purposes, this assessment will continue for an .indefinite period. This item is not a pan of the property tax bill and will have to be paid separately. If the homebuyer were to fail to pay this assessment upon receipt of the bill, it would become a lien against the property. For further information regarding the Cawelo Water District Assessment, you may call (661) 393-6070. The office is located at 17207 Industrial Farm Road, B~:ersfield, California 93308. 6. SUPPLEMENTAL TAXES The State of California Senate Bill No. 813 provides that the County Assessor has the authority to reassess newly constructed homes upon their close of escrow. 'The Assessor will issue a supplemental tax bill to the purchaser(s) of a.new home for the tax difference resulting from the reassessment. We have no control over the valuation of the assessment, nor over the timing or the amount of the supplemental bill resulting from that reassessment, and seller accepts no responsibility for adjusted fees. 7. SOILS The suitability of the soils and underlying conditions together with observation of the grading of Madison Grove was tested and overseen by Soils Engineering, Inc. You may contact Tom Bayne or Tony Frangie at 831-5100. Their address is 4700 District Boulevard, Bakersfield, California 93313. The soils and geologic report is also available for review in the sales office for Madison Grove. Kern County soils are a known habitat for the Coccidioides Immitis, otherwise known as the Valley Fever Fungus Spore.· Soil disturbance, which occurs during land preparation or general yard cultivation, may agitate the spore into action. Information regarding this fungus may be obtained from the Kern County Health Department, located at 1700 Flower Street, Bakersfield, California 93305, telephone number (661) 868-0554. 8. EASEMENTS Certain lots may contain easements given to utility companies, the County of Kern, the State of California, or other property owners. These easements restrict the use of the easement area. In t/he event of a minor encroachment by any dwelling unit into an easement, buyer hereby agrees to cooperate w/th the seller and local governing agencies to correct the situation. Minor encroachments will not have any effect on the title or its future transfer. Please see,, your sales representative .for details. 9. FUTURE DEVELOPMENT/USES AND ZONING · The attached map depicts current land uses, known to us, which are proposed in the area surrounding the home you have selected to purchase. The map may be updated in the future. If you are concerned about the development in the surrounding area, you .... Buyer's Initials - 07/~8/00 11:09 FAX 661 589 1425 KYLE CARTER HOMES ~011 should fully review the map with the City Planning Department to determine how your lot · might be affected by such future development. Our knowledge of present plans to develop the real property adjoining,, or in the vicinity of your lot, is described on this map. No warranties or representations are made that such land use plan is complete, will be carried out, or will not change in the future. 10. CONSTRUCTION AND SALES ACTIVITY Buyer acknowledges and understands that the project will be developed in phases. Some inconvenience may occur due to increased noise, dust from the traffic and other matters related to construction activity and the operation of a sales office, until such time that the sale of the project has been completed. 11. MODEL HOMES, DECORATOR, AND.LANDSCAPING ITEMS We have constructed and decorated model homes to show prospective buyers what type of features could be incorporated into our Madison Grove homes. The models are also intended to be helpful in providing purchasers with possible decorating ideas. Your home will be very similar to the model type identified in your sales contract. However, for many reasons, such as the unavailability of materials, design changes, field conditions, cost considerations and other circumstances, minor changes may be made from the initial plans and specifications used to construct the models as compared to your actual home. Purchasers should note that Kyle Carter Homes, Inc. cannot guarantee that all of Madison Grove will be completed based upon the model homes currently on display. Kyle Carter Homes, Inc. reserves the right to increase or decrease home sizes or change home designs in Madison Grove in its sole discretion. After you enter into a contract for the purchase of a home in Madison Grove, changes in materials or specifications may be made without your consent, provided that substantially similar materials are substituted. Small place cards in the models have been used to identify Decorator Items. A complete list of the Decorator Items can be obtained from the Sales Agent. The homes may contain certain Optional Items, which are available to our customers at an additional charge. Prices for options are available in the sales office. Optional Items and prices are subject to change without notice. Kyle .Carter Homes, Inc. only agrees to provide those options and prices offered on the date a sale contract is signed by both Kyle Caner Homes, Inc. and the buyer. Again, certain options are predetermined and after standard construction cut-off dates, may not be available. 12. CARPETING Due to governmental regulations and construction requirements of lenders, we include standard carpeting in all new homes as-part of the purchase price. We also offer buyers the opportunity to purchase upgraded carpeting for their new homes. Buyer's Initials /3' 07/28/00 11!.10 FAX 661 589 1425 KYLE CARTER HOMES ~012 The carpeting installed in your home has a limited manufacturer's life. No warranties are made on the life of your carpet other than those supplied by the manufacturer. 13. BRASS PLUMBING/LIGHT FIXTURES/HARDWARE · Although the manufacturers apply the finest protective comings available to the plated surface of their products, brass, bronze or other antique finishes have their limitations. In time, the protective lacquer may deteriorate either from exposure to weather, perspiration, extremes of climate, cleaning agents, frequency of use or other factors. Tarnishing or excessive wear of the finish is, therefore, not a defect, but a normal process which is unavoidable. Under these circumstances, these finishes cannot be guaranteed and products will not be repaired or replaced under the manufacturers' warranties for tarnishing or wear of finishes. 14. CABLE T.V. Cable T.V. outlets', have been provided in your new home.. Kyle Carter Homes, Inc. makes no representation as to when cable. T.V. service will be provided to the area. For further information contact Timewarner Cable at 327-9671, Cox Cable at 327-0821 or Popvision at 638-2222. 15. TELEPHONE OUTLETS Telephone outlets have been provided in your new home. Kyle Carter Homes, Inc. makes no representation as to when telephone service can be installed in your new home. For further information contact Pacific Bell at (800) 310-2355. 16. SMOKE DETECTORS AND WATER HEATERS An operable smoke detector has been installed in your new home in the manner required by California state law. No warranties are made on this product other than those supplied by the manufacturer. The smoke detector is wired into the electrical system of the home and is equipped with a battery back-up. Kyle Carter Homes, Inc. recommends that the Buyer check the battery on a monthly basis. The Buyer should immediately replace the battery whenever necessary. In addition, the water heater-provided in your new home has been braced, anchored or strapped as required by California state law. This precaution has been taken in order to minimize movement of the water heater due to an earthquake. For safety purposes the Buyer is urged not to remove any of the materials used to secure the water heater. For further information please refer to the Attestation of Compliance Re Smoke Detector and Water Heater in Accordance with Health & Safety Code § 13113.8(b) and § 19211, attached as Appendix "A" and incorporated herein by reference. Buyer's Initials 07~8/00 11:10 FAX 661 589 1425 KYLE CARTER HOMES ~013 17. DRAINAGE Kyle Carter Homes, Inc. is required by law to establish, under the guidance of a civil engineer, the appropriate drainage of water from all lots in a subdivision. During periods of heavy rain, some puddling may be experienced and is considered normal. However, the pattern of drainage on the lot, and from the lot, may have a significant effect on the settling of a house or subsidence of surrounding land. Kyle Carter Homes, Inc. wants you, as a new homeowner, to understand that the lack of maintenance or modifications which you make to your lot may cause an obstruction to the drainage or cause the drainage to be diverted. Additions, such as walkways, landscaping, patios and driveways, could cause significant and permanent adverse damage both to your home and lot and to your neighbor's. If you intend to make modifications or changes which may affect your lot, Kyle Caner Homes, Inc. will not be legally responsible for the impact on the established drainage. You are responsible for maintaining any drainage channel, cut, swale, berm or control facilities situated on your lot. Overwatering, plus modifications to landscaping, patios, driveways or walkways may result in water mn-off to neighboring property. Kyle Carter Homes, Inc. is not responsible for any damage caused by such occurrences. 18. LOT VARIATION Side or rear slopes may exist on your lot due to the change in elevation from lot to lot. Lot configurations may necessitate the placement of driveway approaches which do not align perfectly With garage entrances and may be placed at an angle. Our model home lots may not reflect the size or condition of your lot. 19. PERIMETER WALL/FENCES The grading of the lots in this subdivision may result in the lot boundary line being located at either the top or the bottom of the slope. The lot boundary lines are determined by the tract map for your property, not by the grading or topography of the lot. The perimeter, side or front fences are not necessarily located on the lot boundary line. Fencing will vary with the lot location. Maintenance of fences located on the common lot line is the joint responsibility of adjacent property owners. Maintenance of fences located entirely on your property is the responsibility of the homeowner. Consult your sales representative for the proposed fencing on your specific lot. The current fencing plans are preliminary and may need to be modified depending on actual field conditions. 20. HOMES/GARAGES Ail homes and garages built by Kyle Carter Homes, Inc. are designed to meet or exceed the minimum building standards as set forth by the County of Kern and the City of Bakersfield. Each home and garage is designed and engineered to fit on the minimum lot size of each community. The basic floor plan and dimensions of the home and garage Buyer's Initials /? 07/28/00 11:10 FAX 661 589 1425 KYLE CARTER HOMES ~014 , may be altered if the lot you have chosen will allow for the revised configuration. Special needs uses and requests for design alterations must be conveyed to the sales agent in advance of the purchase contract signing. There may be additional charges and your sales agent will explore the options as well as the additional costs with you. Item 26 of this document provides for the :inspection of plans and prices and should be reviewed in conjunction with your Special needs or design alterations. 21. VIEWS - OPEN SPACE Kyle Carter Homes, Inc. and its employees or agents, make no representations or warranties with respect to the presence or absence of any current or future view from any portion of your lot. Any such view may change or be obstructed depending upon activities undertaken during the development of this subdivision or on adjacent property. There can be no assurances, expressed or implied, regarding the permanency of any view. Furthermore, Kyle Carter Homes, Inc. makes no representations or warranties with respect to any open spaceor property adjacent to any individual lot or the subdivision as a whole, whether this property may be owned or controlled by Kyle Carter Homes; Inc., government agencies or private property owner. 22. FLOOD HAZARD ZONE Kern County lies irt 39 potential flood zones of which there are three (3) primary flood zones, A, B and C. Madison Grove is in flood zone C as per Panel 0600751005B (September 29, 1986) issued by FEMA (Federal Emergency Management Agency). Flood zone C represents areas of minimal flooding. Homeowners should also be aware that the entire City of Bakersfield is subject to extreme flooding in the event that there is sudden or total failure of the Lake Isabella Dam. For further information, call the National Flood Insurance Project at (800) 638- 6620. You may also contact the Kern County Planning Department at (661) 862-8600, 2700 "M" Street, Suite 100, Bakersfield, CA 93301 for a copy of the "Kern County Flood Evacuation Plan for Count)' and Greater Bakersfield Area Below Lake Isabella Dam." Also, please refer to theStatut0ry Natural Hazard Disclosure Statement (California Civil Code § I 1'02.6c), attached as Appendix "B" and incorporated herein by reference for further disclosure information. 23. SEISMIC COMPLIANCE Madison Grove is not located in an identified Earthquake Fault Zone, which relates to the presence of actual faults, as defined by the State of California. Nor is it located in a Seismic Hazard Zone, which relates to landslides and liquifaction, as defined by the State of California However, Kem County does lie within Seismic Zone 4. Seismic zones relate to the intensity of shaldng that can take place on the ground. The State of California is divided into four seismic zones, with Zone 4 representing the areas likely to experience Buyer's Initials 0z/28/00 11:11 FAX 661 589 1425 KYLE CARTER HOMES ~015 the most severe activity. Although Madison Grove is not located in close proximity to a fault, seismic movement on faults at some distance may cause shaking, which could range from minor to severe, to homes within the tract. Please refer to Statutory Natural Hazard Disclosure Statement (California Civil Code § 1102.6c), attached as Appendix "B" and incorporated herein by reference, for further disclosure information. The state has promulgated earthquake building standards, which Kyle Carter Homes, Inc. has met or exceeded in the construction of their homes. While a Kyle Carter home is constructed to meet these current standards, no home in today's market, including a Kyle Carter home, is constructed to completely withstand earthquake damage, should a quake occur. 24. HEALTHY HOUSE Kyle Carter Homes, Inc. constructs their homes with certain~ amenities intended to create a healthier interior environment for the homeowner. The goal of the healthier constructed house is to reduce, not eliminate, the amount of normal indoor pollutants. The homeowner should be aware that each individual is biologically different with unique tolerances to various pollutants. It is impossible to completely eliminate indoor pollution for every individual, and Kyle Carter Homes, Inc. makes no claim that your home is built to be completely inert. Persons with hypersensitivities or allergies should consult with their physician regarding the benefits, if any, of living in a home with the aforementioned healthy house qualities, and should not rely on the existence of these qualities as the only basis for the purchase of their home. 25. LEGAL DOCUMENTS All homes within this subdivision are subject to a Declaration of Covenants, Conditions and Restrictions ("Declaration") which has been recorded with the County Recorder's office. The Declaration restricts the use of the homes in the project. We suggest that you carefully review the Declaration. The homeowner should be aware that included within the Declaration are architectural review requirements. Any new additions or alterations contemplated by a homeowner must be submitted to the designated architectural review committee prior to commencement of any construction for approval. The members of our sales staff' have no authority to explain or interpret the Declaration or to advise you as to what the terms of that legal document mean: Kyle Caner Homes, Inc. makes no representations concerning this document. 26. PLANS AND PRICES Buyer's Initials 11 // 07/28/00 11:1! FAX 661 589 14.25 ..... KyLE..CARTER HOMES ~016 c Fully detailed plans and specifications for the homes being offered for sale in this subdivision are available for inspection at the Sales Office during normal business hours. Plans are subject to minor variations including room dimensions and window locations. Renderings, topographical maps and floor plans shown in the sales office, sales brochures and other advertising may not be drawn perfectly to scale. The house renderings are intended as artists' conceptions and show non-standard landscaping. Due to the ever changing market conditions, Kyle Carter Homes, Inc. makes no representation that our current floor plans will be constructed on all lots of this subdivision, or whether prices, terms or conditions of sale in future phases will change. 27. NEIGHBORING BUSINESS ACTIVITY The County of Kern and the City of Bakersfield encourage operation of properly conducted businesses in agriculture, oil, mining, manufacturing and other non-residential operations within the County and City. If the property you are purchasing is located near these businesses, you may be subject to inconveniences or discomfort arising from such operations to the extent allowed by law. The Madison Grove community lies within a historical farming and oil producing area, and the following lots contain wells that have been properly abandoned in accordance with all regulations: #11 and 12 on Autumn Serenade; #6 and 22 on Mona Lisa Way; #7 on Anaparno Court; #24 on San Ysidro Lane; #30 on Portofino Court; #44 and 46 on Shangri-La Lane; and #43 on Chatanooga Drive. The attached "Abandoned Well Exhibit Map" indicates the actual location of the abandoned wells on the lots. There are construction resltictions and guidelines associated with the presence of properly abandoned wells. Kyle Carter Homes, Inc. has fully complied with these restrictions and · guidelines. The community has been designed with the location of the former wells in mind so that none of the wells interfere with the potential construction of a home, nor do they pose any known or foreseeable risk associated with the presence of these properly abandoned wells. The wells have been capped at approximately 10 feet below ground, and there is no visible indication above ground of the presence of the wells. If you have any concerns or questions regarding the presence or safety of these wells, you may contact the California Division of Oil & Gas at 4800 Stockdale Highway, Suite 417, Bakersfield, California 93309, telephone number 322-4031, to learn more about the abandonment requirements. The Madison Grove community is bounded on the west by Friant-Kern Canal, which is a major agricultural water source for the southern San Joaquin Valley. Kyle Carter Homes, Inc. will be: or already has provided protective fencing to guard against immediate' access to the Friant-Kern Canal for the safety of the community. The homeowner should be aware, however, that Kyle Carter Homes, Inc. cannot extend protective fencing into areas owned by other parties outside the Madison Grove Community nor across the; canal itself. The homeowner should be alert to the fact that it is,.therefore, possible to circumvent the fencing if one travels far enough in either direction along the fence line. In addition, the homeowner should also be aware of the Buyer's Initials ut./z~/uu 11:I2 FAX 661 ,589 142,5 KYLE CAP, TER HOMES .... presence of a second canal, the Calloway Canal, which runs to the west of and roughly parallel to the Friant-Kem Canal. 28. CONDITION OF PROPERTY Buyer should refer to the "Limited-Term Final Subdivision Public Report" attached hereto as Appendix "C" and incorporated herein by reference. 29. WARRANTY Kyle Carter Homes, Inc. makes no warranty or guarantee, express or implied, except that which is specifically set forth in the Kyle Carter Homes' "One-Year Warranty," a copy of which is attached to this disclosure. The One-Year Warranty describes in detail Kyle Carter Homes' repair obligations and warranty obligations. Requests for warranty work are to be submitted in writing to Kyle Carter Homes, Inc. The procedures for the settlement of disputes regarding any warranty claim are to be found on page.one of the One-Year Warranty. Dispute resolutions are to be conducted through an arbitration proceeding conducted by the American Arbitration Association or other approved arbitration services. 30. AUTHORITY OF SALES AGENT(S) Buyer understands that the sales agent(s) at the project does not have authority to modify the terms of any document or to make any representations or commitments binding on Kyle Carter Homes, Inc., whether in writing or otherwise, without written approval from Kyle Carter Homes, Inc. 31. RELATED ENTITIES Buyer aclmowledges and understands that Kyle Carter Real Estate, Inc., and Kyle Carter Mortgage, Inc., are wholly owned subsidiaries of Kyle Carter Homes, Inc. Buyer is also aware that, unless directed otherwise, Kyle Carter Homes, Inc. will utilize the services of each of the respective entities on a fee basis. Fees for services will be charged at standard prevailing rates as disclosed in Buyer's escrow instruction and closing statement. Buyer further acknowledges that Kyle Carter Homes, Inc. is a corporation. Please refer to the Statutory Disclosure Regarding Real Estate Agency Relationships (California Civil Code {}2079.16) attached as Appendix "D" and incorporated herein by reference. Buyer's Initials 13 .2/ 07/28/00 11:12 FAX 661 589 1425 KYLE CARTER HOMES ~018 32. PURCHASE INCENTIVES Seller from time to time offers purchase incentives of limited duration. In order to qualify for the incentive, the Buyer must submit within the incentive period, a signed purchase agreement accompanied by the appropriate deposit. Otherwise seller is not obligated to provide buyer with the advertised purchase incentive. I have read and understand all of the above disclosure statements. Buyer's Signature Date Buyer's 'Signature Date Buyer's Initials 14 Sent .By: COLEUAN HOLIES INC.; 661 3261139; 01 Aug O0 lO:20AM;Job 54; Page 1/7 Coleman Homes Building the Difference ~ COM PA~': DATE: · o~ ~o. o~ ~,~s }~c~u~I~ co~ ~xNu~B~ . O URGENT 0 FOR REV1EW C! PLEASE COMMENT · ID PLEASE I~EPLY NOTES/COMMENTS: ',~~ I3AKERSFIELD, CA, 93309 ~ 661-326-1141 FAX 661-326-1139 :Sent By: COLEMAN HOMES INC.; 6613261139; 01 Aug 00 10:20AM;Job 54; Page 2/7 :~ COLEMAN HOMES, INC, "CELEBRATIONS" AT RIVERLAKES A GOLF COURSE COMMUNITY GENERAL INFORMATION AND DISCLOSURE STATEMENT 1. FUTURE DEVELOPMENT/USES AND ZONING The attached ma[) depicts current land uses, known to us, that are proposed in the area surrounding the home you have selected to purchase on Lot of Tract No. _, County of Kern, The map may be updated in the future. If you are concerned about the development in the surrounding area, you should fully review the map with the City Planning Department to determine how your lot might be affected by such future development. Our knowledge of present plans to develop the real property adjoining, or in the vicinity of your lot, Is described on this map. No warranties or representations ere made that such land use plan is complete, will be carried out, or will not change In the.future, 2, SOILS The suitability of the soils and underlying conditions together with observation of *'. the grading of Riverlakes was tested and overseen by Soils Engineering, Inc. '" You may contact their office at (661) 831-5100. The soils and geologic reports ',' are also available for review in the sales office for Riverlakes. Soils information ~ is also available at*City .of Bakersfield Public Wo~s Department. 3. PLANS AND PRICES *The blueprint drawings and brochures of our homes, plot plans, grading, drainage .and improvement plans all contain dimensions which are merely approximate. They are not intended tobe precise dimensions with regard to our development. Construction will be done In substantial conformance with those plane, but dimensions may change slightly from the plans. Due to the ever- changing market~ conditions, Coleman Homes, Inc., makes no representation that our current floorplans will be constructed on all lots of this subdivision, or whether prices, terms or conditions of sale in future phases will change. .:~ :i' 4, LIVING AREA-~ The following ~areas of the homes are not waterproofed, insulated or finished i:i adequately to render such areas suitable for use as habitable living areas: ii garages and/or covered' porches in all plans. Sen~ ~y: COLEMAN H0UES [NC.; 6613261139; 01 Aug 00 10:20AM;Job 54; Page 3/7 5. MODEL HOMES, DECORATOR, AND LANDSCAPING ITEMS Model homes contain decorator and landscaping features that are not included in your new home. Standard features to be included In your new .home may change; however, due to our continuing program of development, orchanges in material availability, we reserve the right to make changes in product and design, substituting items of similar quality without notice or obligation. a. Light Fixtures All dining room and nook light fixtures will be centered in the middle of the rooms; model .fixture locations may vary. b. Security Lights Security lights have been installed on the exterior of the model homes for security purposes only and are not standard features. c. Cabinet-Finish The natural cabinet finish, which is a standard feature, will show the natural color Irregularities In the wood since it is a clear finish. 6. CARPETING Due to governmental regulations and construction requirements of lenders, we include standard carpeting In all new homes as part of the purchase price. We als° offer buyers the opportunity to purchase upgraded carpeting for part or all of your new home. 7. BRAS8 PLUMBING/LIGHT FIXTURE$1HA'RDWARE Although the manufacturers apply the finest protective coatings available to the plated surface of their products, brass, bronze or other antique finishes have their limitations. In time, the protective-lacquer may deteriorate, either from exposure to weather, perspiration, extremes of climate, cleaning agents, frequency .of .use or other factors. Tarnishing 'or excessive wear of these finished is, therefore, not a defect, but a normal .process which is unavoidable. Under these circumstances, these finishes cannot be guaranteed and products will not :' be repaired or replaced under the manufacturers' warranties for tarnishing or " wear of finishesl 'If this is a concern, chrome plumbing fixtures and arttique-brass exterior hardware is available. 8. CABLE T.V. Cable-T.V. outlets have been provided In your.new home. The location of the outlets can be obtained from our sales representative. Coleman. Homes, Inc., makes no representation as to when cable T.V. service will be .provided to the area. For further information contact Warner Cable at 327-8272 or Cox Cable at 327-0821. Sent. By: COLEMAN HOUES [NC.; 6613261139; 01 Aug O0 10:21AM;Job 54; Page 4/7 ' ~r' · 9. TELEPHONE OUTLETS We have provided several telephone outlets in your home. The location of the outlets can be obtained from our sales representative.. 10, ELEVATIONS In order to offer you as much variety as possible, our architects have designed different elevatlon:s for each flOorplan. Consequently, you may notice minor changes from the model homes or rendering elevations. These may include such items as minor floorplan changes resulting from exterior and 'interior trim and window locations or other features. In addition, each exterior, has been professionally designed to create a tasteful blending of color and may :differ from the colored rends.rings. Renderings are artist's conceptions only .and are not intende~ to be precise specifications. t 1. DRAINAGE Coleman Homes, Inc. is required by law to establish, under the guidance of a civil engineer, the appropriate drainage of water from all lots in a:'.subdivision. The pattern of drainage on the-lot, and from the lot, may have a significant effect on the settling of a ~house or subsidence of surrounding land. coleman Homes, Inc. wants you, as a new homeowner, to understand that the lack of maintenance or modifications which you make to your lot may cause an obstruction to the drainage or cause the drainage to be diverted, Additions, such as walkways, landscaping, patios and driveways, could cause significant and permanent adverse damage both to your home ar~f 'lot and to your neighbors. III you intend to make modifications or changes which may affect your lot, Coleman Homes, Inc. will not be legally responsible for ti'is-impact on the established drainage, You are responsible for maintaining any drainage channel, cut, swaOe, berm or control facilities situated on your lot. '12. LOT VARIATION Side or rear slol:~s .may exist on your lot due to the change in elevation from lot to lot. Our model home lots may not reflect the ·size or condition .of your lot. · . t 3. PERIMETER WALL/FENCES :. The grading of the lots in this subdivision may result in the tot I:mundary line " being located-at either the top or the bottom of the slope. The tot bot~dary lines " are determined by the tract map for your property, not by the grading or. · ' topography of the lot. The perimeter, side or front fences are located according · * to the grading of the slope and may not necessarily be located on the lot i' boundary line. Fencing will vary with the lot location. ConSuJt your sales · representative for the proposed fencing on your specific lot. The cUrt'ant fencing plans are preliminary and may need to be modified depending on actual field '. conditions. Sent,.By: COLEMAN HOMES ]'NC.; 6613261139; 01 Aug 00 10:21AM;Job 54; Page 5/7 14. VIEWS - OPEN SPACE Coleman Homes, Inc. and Its employees or agents, make no representations or warranties with respect tO the presence or absence of any current orlfuture view from any portion of your lot. Any such view may change or be.obstructed depending upon activities undertaken dudng the development of this:subdivision or on adjacent .property. There can be. no assurances, expressedi'or implied, regarding the permanency of any view. Furthermore, Coleman Hemes, Inc. makes no representations or warranties with respect to any opeh:...space or property adjacent to any individual lot or the subdivision as a whole, whether this property may be owned or controlled by Coleman Homes, In(;., government agencies or private property owner. 15. TAXES Real estate taxes-for Rivedakes are determined by multiplying the local tax rate by the full cash value of a property. The total property tax t..ate for the subdivision Is approximately 1.10% for tax year 1997-98. 'With the. addition of interest and redemption charges on .any indebtedness approved byi~oters prior to July 1, 1978, the total property tax rate in Kem County applicable:i, to ·homes in this subdivision is approximately 1.25% of the full cash value, although the total tax rate may exceed 1.25% of the. fully cash value of the .property, For example, an issue of general obligation bonds i~revlously approved by the voters and sold by a county water district, a sanitation district,' or other such dtstfict COuld inCrease the total tax so that it exceeds 1.25% of the full cash value:. For the purchaser of a lot in this subdivision, the "full cash value" of the lot orunit will be the valuation, as reflected on the tax roll, determined by the Kern County Tax Assessor as of the date of purchase of the-lot. For-further information regarding tax rates, prospective purchasers should contact the Kern County Tax A~sessofs office at (805) 868-3490. l~' addition to the tax described in this paragraph, properties within the comrnunity will be subject to the assessments described below. · iuyem Initials 16. ASSESSMENTS I In addition to school bonds, each homeowner in the Riverlakes community will pay assessments every year as part of their property tax bill. -' A8~essment Distr~q~ No. 86-2: The property tax bill fol homeowners :" within Rivedakes will Include a .Aesesment Distdct No. 86-2.fee for more : Information COntact the Kern County Assessor's office at 861-2311 uyers Initials ";'"""~" S.ent... By: COLEMAN HOMES INC.; 6613261139; 01 Aug O0 10:22AM;Job 54; Page 6/7 " ~' Community Facilities Distri~. 92-1(RNR School Financin.~ DIs.t.g.'ct),:._The property tax bill for homeowners within R~verlakes will ..Include a Assesment District No. 92-1 fee, for more information contact' Mr, Alvin Sandrini at the Norris School District office at 399-7987. _ Buy.e~ Initials C_.i~ty of I~akersfield .M. {~,intenan.ce District No 1 Division 1: The. lpt~;~erty tax bill for homeowners within PJveflakes will include an assessraent for City of Bakersfield Maintenance District No. 1 Division 1 and is sub.'..ject to any .. taxes, assessments and obligations thereof. Each homeown~.withln the district will be assessed annually for the cost of maintenance and electricity for the street-I~ghts withln the project and maintetlance of the landscaped slopes, parkways and parks thai'lie within the dia{rlct. Buyers Initials 17. SUPPLEMENTAL, TAXES ' The State of California Senate Bill No. 813 provides that the Courtly Assessor has the authority to reassess newly constructed homes upon ti~eir close o escrow. The Assessor will issue a supplemental tax bill to the purchaser(s) of a new home for the tax difference resulting from the reassessment. ~Ne have no control over the valuation of the assessment, nor over the timing e[:'the amount of the supplemer~[al bill resulting from that reassessment, and seller :accepts no responsibility for adjusted fees. " Buyem Initials '1 ': 18. EASEMENTS .~, Certain lots may contain easements given to utility companies, the County of · :, Kern, the State of California, or other property owners. These easements restrict :' the use of the easement area. In'the event of a minor encroachhient by any :: dwelling unit into an easement, buyer hereby agrees .to cooperate ~ith the seller · :i and local goveming agencies 'to correct the .situation. Minor enc~Chments will ...: not have any affect on the title or its future transfer. Said eaSernent~ may have · ! above ground transformer boxes for electrical, telephone,· cable, et~, on the lot selected by Buyer, and Buyer hereby acknowledges said locations.' Please see · .- your sales repres~entative.for details. '19, CONSTRUCTION AND SALES ACTIVITY ii Buyer acknowl~3ges and understands that the project.will be .d~..veloped in i.i; phases. Some inconvenience may o~ur due to increased noise, dust from [.'=, traffic and other matters related to construction activity, and the ~peration of a i! sales office, until such time that the sale of the project has been completed. ....... y. ~Lc,v,~,, nuM~ ~,~.; u613261139; 01 Aug 00 10:22AM;J°~ ~i Page 7/7 20. LEGAL_DOCUMENTS All homes withln.:.this sub. divisk)n, are subject, to a Declar. at!on:, o~;~yenants, Conditions and Restrictiorm' .(';Declarafion").~which..has been.rocor..~..~.with the County Recorders office. 'The [:)eclaration restrlcts~:the..use of the ~'.~e'e:.in the project. · We suggest that .you carefutlyi.review the. Declaration. The.'.:~em. bors of our sales staff have no authority to explain or interpret the Declai~iitton or to adVise..you as-to.what the terms of that legal document mean. Therefore, we are not bound by any such representations made by them. Information regarding the' public schools :service.the Riverlakes: community can be obtained from the following Districts:: ~'... .:.~¥.:.~ :.... 6940 Catloway-Dri.~Bakersfield ,.... (661) 399-7987' Grades 9-12: Kern High School District 5801 Sundale Ave., Bakersfield (881) 827-3100 Currently Coleman Horace's best :inforl~afi0n: .is that the' RiveHak~':~0mrnunity students will be.served by the following:schools:... .:....... .... .:.?!' :..' Olive ·Drive. Elementary School, (K -5) Bakersfield, CA 93312 Norris Middle School (6-8) 6940 Calloway Dr., Bakersfield, CA 93312 " (661) 3~9:5571 .... Centennial High School (9-12) 8601 Hageman Rd, Bakersfield, CA 93312 : (681-) 588-8601 ': HOm.ebuyers should contact the appropriate School district office artd::schools for '. the' most up-to-date Information regarding Placement at the publt'~':.schools as ! attendance should be verified due to-periodic changes. In addition;:informatlon · regarding transportation for school students can be provided by the :appropriate districts. 22. ,NEIGHBORING.BUSINESS ACTIVITY The County of Kern encourages operation of properly conducted:..business in agriculture, oil, mining, manufacturing and otl~er nonresidential operations within the County. If the property you are purchasing is located near the~:businesses, you may be subject to inconveniences or discomfort arising from su~.h operations to the extent allowed by law. This notice does not waive your legal rights. Exhib i t C- 1 RECORDING REQUESTED BY AND WHEN'RECORDED RETURN TO: NOTICE OF SPECIAL ASSESSHENT DISTRICT LIEN (Addendum to the Contract of Purchase and Sale and ReceiPt for Deposit) Tract Lot or Lots The undersigned Buyer acknowledges that the above mentioned Lot or Lots of Tract (the "Property") being purchased by Buyer from Castle & Cooke California, Inc., a California corporation, is/are located within and is/are subject to one or more special assessment liens and, possibly, other special district obligations, including but not limited to the following: Assessment District No. 98-1 (Brimhall IV/Stockdal~ Highway Commercial/Gosford Industrial). The City of Bakersfield (the "City") has formed this assessment district and levied special asseSsment liens upon the Property for the purpose of financing certain public improvements and facilities such as roadways, streetscapes, parks, etc. The assessment liens for the Tract which includes the Property are in the prinCipal amount of $ per lot, and, unless discharged by full cash payment, will result in an annual installment on the property tax bill of approximately $ per lot per year. Buyer acknowledges that the Property is within Assessment District No. 98-1 and possibly other special districts, and that, in addition to ordinary property taxes, the Property is subject to the special assessment liens levied upon the individual lots in said Assessment District No. 98-1, and that an annual installment on account of the unpaid special assessment lien for each lot will be collected on the property tax bill issued by the County of Kern for each separate lot of SF2-63793.1 40213-18-SS4--10/'20/98 the Property. The actual amount of each annual installment on account of each unpaid special assessment lien will vary depending.upon, among other things, the interest rates and. the term of the bonds sold to finance the public improvements. The principal amount per lot listed above has.been fixed, but the amount listed above for the annual installment should be considered an ~stimate only. Buyer further acknowledges that,'while each Lot of the Property is subject to a special assessment lien, other adjacent. lots, whether or not included in the Tract, may not be subject to a special assessment lien. This Notice and the disclosure provided herein shall be provided to each successor of Buyer, and the obligation to provide this Notice to each successor of Buyer shall constitute a covenant running with the land of each lot the Property until such time as the special assessment lien on such lot of the Property has been fully paid and discharged. The Seller and each 'successive seller shall file an executed copy of this Notice with the Finance Director of the City within five (5) days of close of escrow for the transfer of title of any lot of the Property. BUYER SELLER Castle & Cooke California, Inc., a California corporation Dated: By: Its: By: Its: (Acknowledgments) Exhibit C-2 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: NOTICE OF SPECIAL ASSESSMENT DISTRICT LIEN (Addendum to the Contract of Purchase and Sale and Receipt for Deposit) Tract Lot or Lots The undersigned Buyer acknowledges that the above mentioned Lot or Lots of Tract (the "Property") being purchased by Buyer from Castle & Cooke Commercial - CA, Inc., a California corporation, is/are located within and is/are subject to one or more special assessment liens and, possibly, other special district obligations, including but not limited to the following: Assessment District No. 98-1 (Brimhall IV/Stockdalm Hiqhwa¥ Commercial/Gosford Industrial}. The City of Bakersfield (the "City") has formed this assessment district and levied special assessment liens upon the Property for the purpose of financing certain public improvements and facilities such as roadways, streetscapes, parks, etc. The assessment liens for the Tract which includes the Property are in the principal amoUnt of $ per lot, and, unless discharged by full cash payment, will result in an annual installment on the property tax bill of approximately $. per lot per year. Buyer acknowledges that the Property is within Assessment District No. 98-1 and possibly other special districts, and that, in addition to ordinary property taxes, the Property is subject to the special assessment liens levied upon the individual lots in said Assessment District No. 98-1, and that an annual installment on account of the unpaid special assessment lien for each lot will be collected on the property tax bill issued by the County of Kern for each separate lot of SF2-~4140.1 40213-18- SS4-10/?.0/98 the Property. The actual amount of each annual installment on account of each unpaid special assessment lien will vary depending upon, among other things, the interest rates and the term of the bonds sold to finance the public improvements. The principal amount per lot listed above has been fixed, but the amount listed above for the annual installment should be considered an estimate only. Buyer further acknowledges that, while each Lot of the Property is subject to a special assessment lien, other adjacent lots, whether or not included in the Tract, may not be subject to a special assessment lien. This Notice and the disclosure provided herein shall be provided to each successor of Buyer, and the obligation to provide this Notice to each successor of Buyer shall constitute a covenant running with the land of each lot the Property until such time as the special assessment lien on such lot of the Property has been fu].ly paid and discharged. The Seller and each successive seller shall file an executed copy of this Notice with the Finance Director of the City within five (5) days of close of escrow for the transfer of title of any lot of the Property. BUYER SELLER Castle & Cooke Commercial - CA.. Inc., a California corporation Dated: By: Its: By: Its: (Acknowledgments) s~-~°-I 2 40213-18-SS4- I0/23/98 ,r.~y~