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HomeMy WebLinkAboutMD Packet 1-10Ma ~-/o ~ajie2afc~eR~~stafe ~zou~,~ne. 5401 Business Park South, Suite 210 Bakersfield, CA 93309 (805) 322-6381 ~ FAX (805} 322-2941 March 08, 1995 CITY OF BAKERSFIELD Public Works Department 1501 Truxtun Avenue Bakersfield, CA 93301 Attention: Raul M. Rojas Public Works Director Subject: City of Bakersfield Maintenance District Na. 1 Division 10 Dear Mr, Rajas: I am in receipt of the Notice of Decision and Findings dated .August 24, 1994, from the City of Bakersfield Public Works Department regardin the above referenced • .. g Maintenance District, the formation of which ~s a cond~tlon of approval for Parcel Map Waiver 19-94. I understand that I have. a right t0 file a protest at a hearing to be held at a time and place to be set by the resolution establishing the Maintenance District. I am also in receipt of the Covenant Disclosing f nclusion in a Maintenance District which includes h to maximum maintenance assessment for the property. within Parcel Map waiver 19-94. I do not intend to protest the formation of the. district, the boundaries of the district the faun ess of the benefit formula, or the amount of the assessment on any- parcel of ro ert to be P P Y assessed. By nay slgnacurc. (~Ii ~rzis 1.et~~r, .I3cii~.ersiiCl~i local i sca~ce ~~rt~~;p rlerer~y waves the rlgnr to the publichearing and the protest hearing required by .Chapter 18.04 of the Bakersfield Municipal Code and the Brown Act. Very yours truly, BAKERSFIELD REAL ESTATE GROUP +l y 1 m T. Murphy President JTM: do ~. NOTICE OF EXEMPTION TO: County Clerk COUNTY OF KERN 4 1415 Truxtun Avenue ~ ~ ~ ~~ ~J ~ ~ ~ ~ a Bakersfield, CA 93301 Appendix I f : sr Project Title: Maintenance District 1 Division 1~0~.- ~~ ~a~d~ ~ Assessm~r~ Diagram. Project Location-Specific: enerall bounded b the ~Kern* River Fre ~ , li nment Project Location-City: Bakersfield Project Locatio -Coup . Description of Project: Maintenance of public street and median landscaping mprovements. Name of Public Agency Approving Project: CITY OF BAKERSFIELD Name of Person or Agency Carrying Out Project: DEPARTMENT OF PUBLIC V~ORKS Exempt Status: (Check One) _ Ministerial (Sec. 21080. (b) (1); 15268 (a); _ Declared Emergency (Seca 21080 (b) (4); 15269 (b) (c); _ Emergency Project (Sec. 21080 (b) (4); 15269 (b) (c); x Categorical Exemption.. State type and section number. Section 15305 _ Statutory Exemptions. State code number. Reasons why project is exempt: Minor alteration in land use limitations with formation of Maintenance District 107-86 Sec. III Lead Agency Contact Person:Marian Shaw Area CodelTelephonelExtension: (805) 326-3579 If filed by applicant: 1. Attach certified .document of exemption finding. 2. Has a Notice of Exemption been filed by the public .agency approving the project? Yes x No /~3~~~~ Signature: p ~ Date: ngineer IV-Design x S g by Lead Agency Date received .for filing at OPR: x Signed by Applicant Noti~~ of ~nvironmentat Uoc n~ P~s~ed ~y County Clerk on .~.._ , - ~ ~ : ~~ ,~~-<< .. 1~,~: aid for ~Q days th+er~af~e~r Pursuant to ~~ ...:;r.~ ,,,, ,~.~- }. J ~~~~~~ ~ ~ ~2~C~~ Pu~~4~ ~~~ourc~s Cede ~~ CUESTA ENGINEERING 5055 CALIFORNIA AVENUE, SUITE 218 BAKERSFIELD, CA 93309 (805) 324-5500 FAX (805) 324-5247 TO " ~ .~I> PUBIC WQt'~ ~~t~ ~X ~~ V . GENTLEMEN: - WE ARE SENDING YOU ^ Shop drawings ^ Copy of letter a~~~~~ o~ ~~aa~~o~~aa DATE JOB N0. ~ ~ w ATTENTIO RE: ^ Attached ^ Under separate cover via the following items: ^ Prints ^ Plans ^ Samples ^ Specifications ^ Change order COPIES DATE N0. DESCRIPTION ~/ / ~ ~• THESE ARE TRANSMITTED as checked below: ^ For approval ^ Approved as submitted ^ Resubmit copies for approval or your use ^ Approved as noted ^ Submit copies for distribution ^ As requested ^ Returned for corrections ^ Return corrected prints ^ For .review and comment ^ ^ FOR BIDS DUE 19 ^ PRINTS RETURNED AFTER LOAN TO US REMARKS Y' COPY TO LT-584-2 PRINTED IN U.S.A. SIGNED: ~ ~-~* !f enclosures are not as noted, kindly notify us at once. Cuesta Engineering 5055 California Avenue, Suite 218 Bakersfield, CA 93309 (805) 324-5500 FAX X805} 324.5247 October 24,1994 City of Bakersfield Attn: Marian Shaw 1501 Truxtun Avenue Bakersfield, CA 93301 Re: Parcel Map Waiver 19-94 Dear Marian, On behalf of my client, West Kern Corporation, I hereby request formation of a Maintenance District .for -said Parcel Map Waiver. Please start these procedures immediately as we want to record as soon as possible and this procedure is a condition of approval. Thank you for your assistance in this matter. Sincerely, CUESTA ENGINEERING ~~ Maurice J. hechury, Jr. Civil Engineer -R.C.E. 34609 MJE/jc B:~REQUEST.644 ~~ ~~~~ ~ •.+ '~ ~ ~ ~ L ~ i.+ ~V .L ,y,r V L N ... f.+ V1 ~ t ~~~; ` ~ ~ ~ k 0 ~' V ~ ~ p C~ ~ V C ~ ~ C td cad c ~ C ._ ~7 ~ ~ ~ ~ ~ o V N ~~ p '"~ ~ ..I p p ..~ try L ti, p '~"' M~ ~ C ~ 0 ~ ~ p N .A a ~ ~ ~ a ~' ~ ~ ~ a c~ rd ~ ~ ~ ;~ a ~ ~ ~ ~~ o - - ~ ~ ~~~- o - - Q . ~. M ~ ~ ~ ~ ~ ~ ~ ~ a~ ~ .o z~ N ~ ~~. ~ ., ~""' ~ ~'~ ~ ~ ~ ~ . ,~ ~ ,~ ~ _, ~ c'iJ ~ ~ _ .__._... . ...... ~ v V 's: ~ V ~' N ` N V " x..,~~ V C ~ V ~ 0 ' ,~y~~~ C C U C C ~+~t r • (~ .. ~ T ~ ~li;1ll~Ri:. Y .a::,~ # ~ ! ... ~ ~a~'"«. . ~ C .~ ...~.-.~~.M+a.,.ww ~ { ~~ ~ t ~rtw~t#rt: .7 ~ • : w,~;n.~m,+q ,V v ~ar.?il.M'h + ~ r S . ~~ .~.~ nrrNr~. ~ ~ N ~ ; F,,;x V N 'p C ~ N ~ ~~ C ~ ~; ". ~ C ~ N . ,.~ J (` ~ ~+ ~ ~ p i c~ t~ '~ tT ,~ y- t+ ~~ ~ td p C~ E .~ ._ ~ ~ ~ ~~~ o ~ - - ~ ~! ~ ~ p U W t,U t/1 ~ ~ ~ N ,.~ L~ ~ 1s3 ~ ~ ~Q~ ~ '~ ~ a ~~ ~~~ ~~~ 3~j .._ ....W, .. W~__._.~. ' ~ . ~h ~, ;t . a E r ~~ ,~ V ` ~ •i •.,i -•~ ~ ~ N ._ N 0 ~ ~ ~~ ~ V C ~ ~ ~ td ' ~? C 4 S 1t- Q G? ..~~~ : . C ._ ._ r I _ ~ ~ ~ ~ ~. c~ s Q V ~1 C~ t '"'~ ~ N d .-.r ~ ' C ~ ~ ~ ~ tai ~ ~ . ~- ~ C .; J J ~ , L ~r 0 ~~ U~ t~ M ~p ` 0 ~ N ~- ~~ ~ ~ ~ c~ ~ ,~ p C~- a ~ ~~v ~? ~ c o '~ ~ ~ v+ ° ~ ~Q ~~~ a ~ ~ ~ ~ ~.S ~ s ~C7J ~ I,~J D V ^ - J ~ ~ ~.+ ~ ~ ~f~~ ~ N ~ (, ~ ~ t~ i --- ~ ~~~ 7 ~~~ ~ ~~ ..... ~ ~ ~--~ ~ ~ - - S.S N 1 M ~~a~ ~~~ ~~~ ~u~ ~~~ ~? f~ c1~ oG ~ ~Q~ t as t t'V tT ~ '`~ ~ , f '"'! M ~ Q- M M"f ~ ~ ~ ~~ ~. a :~. ~, ~ ~, ,~ C~ 1 ti- {/~ ~"~ ~: ~.. Q I .~ Q~ ~"" (~ ~~M -~i ~ {~ ~~~ w~~~ ~~~ ..a ~ ~ ~~s~ *~C t.~ U,~. ~ ~~ ~ ~ tr+~~~ ~ ~ ~ ~ V~:ti~ ~ +~ V -~_- V '~ ... ~ N •.,, N '- •- o ~ ~, j ~ ~ ~ ~ ~ ~ c :., a~:,~ C ._ '- Rf ~ , ~ ~ , ,, .p.. , ~ ~ ~ N ~ ~ 'O ~ c~ '~ C C td ~ ~~ ~ ~ i ~? C cd J .J ~ ~ Q t~ 4 A ~ ~, 0 ~ ., ~ ~ N O•~ ,~ ~ ~ ~~ ~ ~ ~~ a o ~~ ~ ~ ~ ~. ~, ~ c~ c~ ~~ ~ ~ ~ ~' ~ ^ ~ ~ ~~~v N ~'~~~ ~ ~ ~~~.~l~ ~- ~ ~C ~.1 ~ ~ ...r ~ Q:,J~I. ~~~tr~. ~~ ~: ..~ ~ W ~~~ U ~ !+~t •~ ~~~~~ `V V L ._ ,~,~ N_ ~N ~ V' V C R~ C C , ~~ +, '~ ~ O~ , a~ a V N is C ~ J ~ J ~ cd ~ O Q C > N 0 t~ ,tom Q , ~ ~ a~ '- ° ~' a ~ ~ ~ _ ~ o ~ V 4? N ~. c• bA ~ V ++ V •~ N n L- 0 ~ ~~~~ ~ b ~ ~ ._ .~ o ~ ~ a o ~, ,~ ~ N ~ ~ ~ ~ ''~ c ro o °, ~ ~ ~ zw ~o .~ c~ ~ ~ ~~ ~ ~ ~~ a ~ ~o ~ ~ V ~ •r-l N '~ ~ ~ ,. C ~, . ~ VJ r+ J -~ ~ ~ ~ ~ '" td O V ~ ~ G ~ ~~ L ` ~ '~ ~ c > 0 ~~ ~ '~ a a ~~ a~ c ~ ~~ a ~ ~ ~o E `~ ~ ~ ~, U ^ ~ ~ ~ ~ ro. N ~ ~ .~ *d ~ b 0. .~ ~ ~~ E-+ ~ 1 Z~ v %~r~e.,il'. '.~x,G t'F ..~~ 7. __ ~~Y -~ M ca ~ ~ ~~~ ~r 1 ~ ~~~ ©~c~~ ~~ ~ Q~ ~~~ r~ u ~ ~ N1 ~+ > ~ ~- t~ M F~ ~ ~ ~~~~C ~Z~1GV W~~-:~~, ~~ ~~ ~- ~- ~~n~.' ~~~~n ~o~~ ~~~~. ~~~ ~~~~~ t . C? ~I . ~~ 1 ~ ~ ~ ~ ~ E3+ ~#.~ N~ ~+ Q• M ~ 4'i ~ ~ ~ ~~ ~~:~~ ~~~t~ ~~~~~. ~~~~ ~,~~~ ~~~~. ~. ~ t~! ~"~C~ ~~ :. W ~C~M~. +~ V 'L ._ ,~ .N 0 ~ ~ U C RS C C ~ ~ C ~ ~- cd i C a~ a v N Q. O. ~ V N N '~ C ~ J J td ~ 0 O L ~ > N a c o E E"''~, ~ ~ _ _ ~a~; Q-~i ;, ..1.,,: i,.. ti' T .~ ~_ • y ,uTwj T_~ _ _I • ~ . ~'}~ ~ ~ ~~.+ C ~ •- .~ c~ ~ ~ ~ a c~ 41 R'f U V N 'NO C ~ er' ~ ~ J ~ ~ ; ~ ~. ~ . ~ ~ ,~ ,~ o ~ ~ ~ ~ ~ '~ ~ '~ ~ N <C 0 .~ ~ ~ ~. ?~ .~ V ~ ~ ~ ~ •- '~ CL ~ ~ . O _ .~ ~~~ ~ ~ ~ ~~~ ~, ~ ~ ~~~ a~ ~ ~ ..~ ~ u~~~ ~ ~~~ - tS~+~ ~' ~ ~• :~ ~~ ~~ ~.... ~...., t C? ~i C? f i u` !~1 ~ ~` f op .,~ M M ~ ~ ,~ '~' ~„~ C~ tt,~ ~ a~~~~ ~~w ~~ ~ ~ ~ ~ ~ ~~~~~, t3 ~ ~ ~~~~ - - __ _ ,... • .. U 'i ~/ Q ~ U C ~ C N '~ ~ ~ ~~~` v' a~ a M~+ r U to ~~ 'fl C J J ~ ~ O ~ > y ~ s •~ a O O ~ ~ ~' a a a` ~ a ~ r~ ~ d i ..~. m 'a C c c~ N a a E E U c°~ N (tl a~ a Ayo.-_.__. _....._..,.,,........... _.....,....,_.-.--.,.,.e...,.--, March 10,1994 City of Bakersfield Public Works Department 1501 Truxtun Avenue Bakersfield, CA 93301 Attn: Marian P. Shaw Dear Ms. Shaw: This letter is in response to the March 7,1994 mailing directed to property owners in the area of Stockdale Hwy. and Gosford Road. We are adamantly opposed to the formation of these two {2) Landscape Maintenance Districts. First, the .property owners were not' asked about the expansion of the road which will increase the traffic in the area. Secondly, the funds expended on the documentation provided in the mailing must have cost a substantial amount. That expenditure could have been used to maintain the landscaping if the City decided to go forward with the. plans. Thirdly, there is no definite cost being -provided to the property owners. An "estimate" does not make us comfortable with what the city may eventually decide to tax us. Fourth, according to the maps provided, we would be providing maintenance for the landscaping for numerous areas not included in these districts. The areas delineated in the maps include Quailwood and a portion of Stockdale Estates but exclude Old Stockdale, Cal State University, ~ Bakersfield, Mercy Southwest,. The Shores, and The Edgewater Apartments. Additionally, as far as we know, these- -roads are not for the exclusive use of the property owners in the. specified maintenance districts. Stockdale H . is a ma or thorou are with one of the primary functions being access to Cal wY J State University, Bakersfield. For a selective few to be maintaining the City. property for this urea is uneguivocaiiy unfair. We do NOT authorize the City to increase our taxes to maintain this project and assume .that the City will re-think this entire issue. We anticipate hearing the results of this survey in the near .future. Should you wish to discuss this issue in more detail, feel free to contact us at the above phone number. - Very truly yours, David E. Livengood, Jr. ~ Theresa R. Livengood cc: Connie Brunni, Cit Cou ilman ~r~ ~ .~ ~ ~y J7 ~q- ,~~-,~ ,l` ,. ,. ` a ~ ~ ~ r cn ~ ~, 4 ~ ° cr~~ ~ ~ ~- ° p ~ ~ ~ C ~,~ ~~, ` ~~~.~ ~~~~ ~ o ~ ~ ~~~~ ~ c C ~ , , o ~ ~ ;~ i ~ I"'~ ~ ~ ~ I ~ ~ . ~ ~r ~~~~ ~ ~ ~ ~ ~~ ~~ ~ N ~ ~ ~ ~ "~ ~ td C ~ tl! 6t. ~M~x: a o ~ ~' ~ ~~-~ ~'" ~y~~ ~ ~ 4~ 11! ~' j ~ ~ ~ ` ~ q~~ ~f 1 .^.~ v ~ ~ al t ~ ~~y x ~ V C .~-~ .~.~ V U ~- '~ ~ +'`.~ .r. N N ._ ~ 0 ~ U U C c cd C ~ ~ ~ +r C C •- ._ td td ~ ~ ~. V ~ V N to '~ .. 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'~ I ~ ~ r~ t,!~ ~;{~ ~~~ ~~ ! ~ ~ ~~ ~~ ~:~ u '~' ~~.~~~ ~ ~ ~~~~~ ,,, ~-, ~.. ~~ :~. {,~1 .~ :~ ~.+ .J ~ t.~1 .,.J t^ ~! *~el~ ~ ~ .ir `~ r~ `~ V ~ ~•-C L ~ ~ ~~ ~ ~ N c~ .~. `~ ~ •- C \. Q ~ ~ ~ ~~ ~ c C ~ ~~ ,. .~ 'c~ ,, ~, ~. ~ ~ /` ~ ~, ,o , ., a~ a ~ a c~ ~ ~,. v ~ `~ ~ ~ N ~ ~, ~, c ~ ~~ ~ . ro : -~ o ~ L J ~ `~ ~ ~ +~ ~- 0 N 0 L ~ •4 ^~ ~ o N V C > Q .~ ~,~, ti . o G ~ 'c .~ o~ a ~ ~ ~ ~ -~- - - U ~~~~~~~ a~ ~' = C N ~~ ~ n~ 1~f~ ~ .~ }~ ~ ~~ r~ ~' U ~- +r 'L r '`~ N + ~~ U \~ N C C RS t 0 C C ~ N G,: ~~ ~ ~, ~ ~ ~,~ ~ ._ ~ "" tai ~ ~ ~, ~~ Q. RS c~ N ~~) N C td J ~ ~N. C L ~ J ~ Q ~. V O 0 Y/ r-. ~~., r~ ~ c~ ~ ~, 0 a .~ a o ~ a ~ ~ ~ l 0 U ^ N t~ ~ n ` a. ,", :, or t~ .8~ 1181HX~ Lza Bzl lC 03S aoc~ ~ ,. ~~/~~ ~ola~slQ a~uaua~uiaW adaos u a p a'1 0~ pasoddo qua I ~ ~~la~slQ a~uaua~ulaW adaospu a o aon ~"I ~ a~ui~ual ~uan~aa pua a~aldu,oo as~a Id ~~~~ ~ ~~ ~~~I ~S~ ~~~~ ~~ ~~~+~~1~~~ ZT~1 'mla0V10 1N3NISS3SSV SIN! NO NMOHS ONY1 ~ Sl3~sna um air 11Ui jML NU ~li'JNi1~iJ AIiJ 9M1 ~tl N.1Y1~i 5iit; LN3n,1'S31~V itit cza szl z~ ~~ a00 35 tta szl n ~~ aa~ 3s c viNao~rn~ 'o~~sa~+ve ~~ 11 ~~ J' ' ~B~ 30 /~~ ,_,~.,, t/ l.~ V ~Y4 SIHI X1310 JLLMJ 3F11 ~0 3010 3HL NI Q311i ~ ~~~~~' tiy~ 1 ~ , ,~ ~i~ U''~ ~~ '~~'~,-,(~ ~~ ' _______ _ _ ~ i U' ~~,., ~. --- OYOb 333300 ~ ~'~ ~, ~~ ,009 =; t ~31V0S '-~ ~?~- ~~ < . ~--~ f ~ -- k ~~ - ~ . ~ ~~ ~~ .-~ ,~_ v ~~ < r r~ ~ l ~avoNnoe l~~a~sia ~IN~iO~I'I~~ 'Q'I~I~3S2I~}IdH OL NOISW4 l 'ON l~lli1S14 ~'JN`dN3Wl'dW d0~ Wb'!~J`dld 1N~WSS3SSd ~Id d`dW AP AND ASSESSMENT DIAGRAM FOR MAINTENANCE DISTRICT NO. 1 DMSION 10 BAKERSFIELD, CALIFORNIA DISTRICT BOUNDARY l ~~ ~~ Porn ~~" t `2 r~ ~ ~c cy+ 1' ~l I ~I I i'~ ~i __ ~ I I) r i !~ ' `~ ~- 1 ~;~ SCALE: 1 "= 6Q0' I ~ COFFEE ROAD 1. , ~,_._ _ _ hILJ:U IN IMt Uhhilk OF INt CI(Y CLERK THIS DAY OF .1994 . CITY CLERK OF THE qTY OF BAKERSFlELD, CALIFORNIA AN ASSESSMENT WAS LEVIED 8Y THE dtt COUNgI ON THE LOTS, PIECES.AND PARCELS OF LAND SHOWN ON THIS ASSESSMENT DIAGRAM. SAID ASSESSMENT WAS LEVIED ON THE DAY OF .1994 ; SAID ASSESSMENT DIAGRAM AND THE ASSESSMENT ROLL WERE RECORDED IN THE OFFCE OF THE DEPARTMENT OF PUBLIC WORKS OF SAID dtt ON THE .DAY OF .1.993. REFERENCE IS MADE TO THE ASSESSMENT ROLL RECORDED IN THE OFFCE OF THE DEPARTMENT OF PU9UC WORKS FOR THE EXACT AMOUNT OF EACH ASSESSMENT LEVIED AGANST EACH PARCEL OF LAND SHOWN ON THIS ASSESSMENT DIAGRAM. ptt CLERK OF THE ptt OF BAKERSFIELD, CALIFORNIA FlIED FOR RECORD THIS ~ OAY OF 1994 , AT _ M., IN 800K OF ASSESSMENT DISTRICTS AT PAGE IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNtt OF KERN, STATE OF CALIFORNIA. GALE S. ENSTAD COUNTY CLERK RECORDER BY CHIEF DEPUTY RECORDER RECORDED IN THE OFFICE OF THE DEPARTMENT OF PUBLIC WORKS THIS DAY OF .1994 , DIRECTOR OF PUBLIC WORKS BAKERSFlEID, CALIFORNIA SE CDR ~~ 33 ,i ~ T29 R27 i 3 2 w J Q Y U O ~- SE COR r- SEC 32 T29 R27 SE COR SEC 31 T29 R27 ~~ ~I EXHIBIT ~Bn i1t.E: OeB~LT BNEET 1 d t RESOLUTION NO. 1 0 ~ ' 9 5 A RESOLUTION ESTABLISHING MAINTENANCE DISTRICT NO. 1-10 (INTERIM),. CONFIRMING THE ASSESSMENT AND AUTHORIZING COLLECTION OF ASSESSMENTS BY THE KERN COUNTY TAX COLLECTOR (RENFRO/TEXAS ROSE) V~VHER~, the City Council of .the City of Bakersfield, State of California, heretofore by Resolution of Intention No. 1127, adopted May 17, 1995, declared its intention to order the establishment of a maintenance district, preliminarily adopted, confirmed and approved the Public Works Director's Report, set the boundaries of the ro osed district, the fairness of the benefit formula, the amount of assessment to be levied Pp against each parcel and the reservation of right to perform work by City forces. or private ,contractor. Said .District shall be designated Maintenance District No. 1-10, as shown and desi Hated on that certain ma entitled Map and Assessment Diagram for Maintenance g p District No. 1-10, City of Bakersfield, California, for Fiscal Year 1994-1995 on file in the offices of the City Clerk and Public Works Director, City of Bakersfield; and WHEREAS, the Public Works Director duly filed with the City Clerk his Re ort, includin a budget, assessment formula, improvements to be maintained by the p g district, description of property and proposed assessments; and .WHEREAS, the City of Bakersfield has received a letter from the sole property owner within Maintenance District No. 1-10 which waives all rights to a public bearing and to a protest hearing as required. by the Brown Act, Streets and Highway Code and Chapter 13.04 of the Bakersfield. Municipal Code; and ..WHEREAS, the City Council formed the Consolidated Maintenance. District on .June 29,1994, and the rocedure is that all new districts f ormed .during the f fiscal year, P .including Maintenance District No.1-10, will be interim districts and all such d~is~kricts will be mer cd into the Consolidated Maintenance District at the end of each fiscal year. g NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield, as fellows: 1. The foregoing recitals are true and correct and incorporated herein by preference. 2. The Council hereby establishes Maintenance District No. 1-l0, and confirms and adopts the Public Works Director's Report, (attached hereto as Exhibit 1 and inco orated herein by reference) including the amounts of assessment for each assessed parcel, as set forth in the Public Works Director's Report. 3. Exhibits "A" and "B" attached hereto and incorporated herein by reference describe Maintenance District No.1-10. ~c ~~~~9 ~ ~~ ~ .~ a- m ~Ri~l='~fi,~ 4. The assessment f or Maintenance District No.1-10, shall be the total sum of $0.04 for the 1994-19.9.5 fiscal ear. The benefit formula Exhibit "C" Y . ( )budget for Maintenance District No. 1-10 (Exhibit "D"), and assessment roll for Maintenance District No. 1-10 (Exhibit "E") are attached hereto and inco orated herein b reference. ~ Y 5. The Kern County Tax Collector is hereby authorized to collect such assessments when this district is merged with the Consolidated Maintenance District. 6. Beginning in the 1995-96 fiscal year and each fiscal year thereafter, the Public Works Director is hereby directed to re are an Annual Re o as rovided in p p p~ p Chapter 13.04 of the Bakersfield Municipal Code, and file it with the Ci Clerk within the tY time allowed for placement of assessments on the County tax rods for the a liable fiscal pp year. Upon filing of the Annual Report, the Clerk shall, set a hearin before the Ci . g tY Council and give Notice of .Hearing in the manner prescribed in Cha ter 13.04 of said Code. p 7. The .City Council hereby reserves the right to erform the work of . P maintenance and. operation of the public improvements by City forces orb rivate . Yp contractor. Such. determination and election is to be made for each ear at the time the Y budget and assessment is approved for the year m question. ----~----N R n)---------- ~.~~~ ~~_ .~.+ ~~~~~~1~ ~~r-0ii'~~~~ 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 JUN 2 8 X995 , by the f ollowin vote: g AYES; COUNCItMEMBER DeMOND, , SMITH, McDERMOTT, ROWLES, Cam, SAIVAGGIO NOES: COUNCII~-ic~lc~r ~ _._._ ~.2 "~~, ABSTAIN: COUNC~~i~~c~r~Sc;~ ABSENT: COUNCII.MEMBER ~~ ,Assistant CITY CLERK and Ex Ofd Clerk of the Council of the City of Bakersfield APPROVED: JUN 2 8 19~ BOB PRICE MAYOR of the City of Bakersfield APPROVED as to form: ~:/l/u JUDY K. SKOUSEN CITY ATTORNEY of the City of Bakersfield Attachments Exhibit "1" Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" ~:w~,di:tea:t~~~o~ • ~o.ES~ A fa ~ ~~ Q ~~ #- m ~ r Q~~ •'~~ ~ ~~,.n~. City of Bakersfield PUBLIC WoRK5 DIRECTOR'S REPORT MAINTENANCE DISTRICT NO. 1-10 (INTERIM) Fiscal Year 1995-1996 WHEREAS, on i~EDHESDAY, MAY 17, 1995, the Council of the City of Bakersfield adopted its. Resolution of Intention Ho. 112? to order the establishment of a maintenance district pursuant to the provisions of Chapter 13.44. of Title 13 of the Municipal Code of the City of Bakersfield, and referred said proposal to the Public Works Director, directing him to make and file a Re ort; and P WHEREAS, the Public Works Director filed with the City Clerk of the Council his report, in writing, which. Report is as follows Public Works Director's Repo,_rt City of Bakersfield, Maintenance District No. 1-10 Interim) , is generally described as a district bounded by the Kern River Freeway Alignment on the north, Renfro Road on the east, a line parallel to and 1/8 of a mile north of Stockdale Highway on the. south and a line parallel to and l/4 mile west of Renfro Road on the west and as specifically shown on Map and Assessment Dia ram n u marked Exhibit 8, attached hereto and incorporated herein by reference as though fully set forth, as a district within the City of Bakersfield. Pursuant to the provisions of Chapter 1.3.04 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 u an all . .p . .parcels of property within the district for the cost of maintaining and .operating public street a~edian and other public street landscaping iaaprove~aents. The improvements generall include but Y , are not limited to, turf , plant .farms, shrubs, ground ,cover, trees, lighting, irrigation systems, electrical conduits, wiring, timers, walls and sidewalks. The assessment includes the cost of necessa • ~ repairs, replacement, water, electricity, care, supervision and any and all other items necessary for the proper maintenance and operation thereof , and all additions and improvements thereto which may hereafter be made. For many years, public parks, public street median and other public street landscaping improvements in the Cit were . Y maintained through traditional tax revenues. After Proposition 13, EXHIBIT "1" _1- ~ ~~~ o ~s a ~ ~ V~1~i~r1~ in 1978, funds available for maintenance and operation of parks, street median and other street landscaping improvements were substantially reduced. At present, -the City's budget does not allow for maintenance and operation of street landscaping improvements of the type described above. Thus, without funds for maintenance and operating costs from a source other than general tax revenues, the City does not permit new public parks, street ..median-and other street landscaping improvements to be constructed Within the City. Maintenance District No. 1-10 ~Interim~, is being .established as an interim maintenance district for the maintenance of public street median and other street landscaping. At the end of the 1995-9b fiscal year .this interim district will be merged .into the Consolidated Maintenance District established by the City Council on June 29, 1994. The district will be assigned an appropriate tier in the Consolidated Maintenance District so that each parcel will be assessed the same amount as other parcels receiving a similar benefit. All .parcels. within this district will have a zero assessment far the 1995-96 f fiscal .year. When merged into the Consolidated Maintenance District, it is expected to be placed in tier 1. The estimated maximum cost for non residential development is $100.00 per Equivalent Dwelling Unit based on full build out of the benefit area at existing zoning, using 1994 dollars and 1994 Parks Department maintenance and overhead costs. .The district will consist of residential and non residential use, thus all parcels within the district 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 district. The Benefit Formula is set forth herein as Exhibit"C" and attached hereto and incorporated in this resolution as though fully set forth herein. ~ ~~~~~ - - ~ ~'-~ 2 ~ ~. ~. m ~ r... o~ j~;~ ~ ~ r~~ NOW THEREFORE, I, RAUI~ 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 19 9 5-9 6 Budget and Assessment Roll as set forth in Exhibit "D" and Exhibit "E," respectively, attached hereto and incorporated herein as though fully set forth, upon all parcels of property within .Maintenance District No. 1-14 (Interim}, subject to be assessed to pay the cost of maintenance and operation in said district. Dated : -/~ ~" ~ ~ ~1/'/ UL M. RO Director f Public Works City of Bakersfield 0 ~ ~~ ~ ~ ~ ~ L MAINTENANCE DISTRICT N0. 1 DIVISION 10 LEGAL DESCRIPTION. A PARCEL OF LAND SITUATED IN THE ..CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, BEING A PORTION OF SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 29 SOUTH, RANGE 26 EAST, M.D.B. & M., MORE PARTICULARLY DESCRIBED AS FOLLOWS:. Commencing at the southeast corner. of said section 34 thence North 00°23'13" East, along the East line of said Section 34, a distance of 661.73 feet, to the True Point of Beginning. THENCE (1) N. 89°29'54" W., a distance of 1324.87 feet; THENCE (2) N. 00°25'04" E., a distance of 875.07 feet to the beginning of a nontangent curve concave to the. southeast having a radius of 5295.17 feet, which radius point bears S. 16°52'36" E.; THENCE (3) Northeasterly along said curve through a central .angle of 06°07' 31" an arc length of 566.08 feet; THENCE (4) S. 86°56'04" E., a distance of 676.74 feet; THENCE (5) S. 04°09'44" E., a distance of 324.06 feet; THENCE (6) S. 89°30'00" E., a distance of 74.17 feet to a point on the East line of said section 34; THENCE ( 7 ) S. 00°23' 13" W. , along said East line a distance of 661.?2 feet to the True Point of Beginning.. u:~o~r~YAINOIST1~f~A1.31lEall.,o EXHIBIT A ~~~~ ~ '~s ~, .~ ~ r .... ~ MAP AND ASSESSMENT DIAGRAM FOR MAINTENANCE DISTRICT N0.1- E 1/4 ~~ ~~ ~ 29/26 10 - - r CCNC. fiLlEO IRON PIPE t ~iNTERIM~ ~oHN J ~ NAIL PER P.I. ,~. CL SON ROAD II I I II II III II 30' w+oE couNTY of KERN I I PUBLIC HIGHWAY EASEMENT PER 8K 1077, PG. 415, O.R. I 30' wIOE ACCESS EASEMENT I ( NORTH T8 THE PUBLIC tN GENERAL I SCALE: 1 "=200' PER ~(. 5791, PC. 1026, O.R. II ~- I ~ ~~ _q.. ~ Z ---- ~n --- ~- ..~I < REEWAY I I ~ m R~~ER F i ~. o p KERN 30' ACCESS EASEMENT I I w N ROpOSE PER va. s2, PG. 13s M.e. I ~ < P PER BK. 501, PG. 159. O.R. m . II J .. U " ~~'~• w s7a.74• ~r tst.o4 II -____-- 3r sz~ o I ( Obro,~.3~ o ~ I - ~ fl f 55.1,' .~ ~ g z III I W \ y, t * 2,63'31. ..,' i rr~ ° I I t ~ ~\e~, ` : 5+66• '' r ' ,'~~ j \ ~ ~ I a ;, ~'~~, ~ a P.c. t E. TO NE ~ 13.a2 GROSS ACRES ~; I I i ~ ~ ~~~. EASEMENT PER 8K~ 935, ~ ;-~ I I I ~ ~ PG. 299. O.R. ~ cv S: I ~ ~ ~ ~ N 890'00' w ~ `I I t W I 7417' I ---- -- - ~-------------------- z °` -- -1 "~ 18.16 GROSS ACRES I I ~ ( W E~1ST'G 8' ~' SEINER MAIN I I I ( -. - I 55' wroE ACCESS EASEMENT - .. TO THE PUBLIC W GENERAL (I . ~ ~, ~ ( PER ~(. 5791 PG. 1026, O.R. o 1 W W ( ~ I I,.~ iA a i ~ I ~ ~ al .- ~ . ~a1t ~ ~mw.r~ <~ <n . . ... n ~ N ~` : ~ ~ ~ -' ;-1 ~ ~. ; , ~ : ~ o s5' STREET Raw ~m m) IV m '~ $ ~ i ~ 7.92 GROSS ACRES ~ ° PER 8K. 6519, PC,~ 663 O.R. I : ~•-~• ~ ^~.t I Z I EXISTG 8' VIA NARANJA ~ j~ I sEwER MNN I (~-- Ernsrc s sEwER 1 I 40' ACCESS EASEMENT ~ ~~~~~~~ E I I L 1 ~ N 89'29'S4' W 550~.OQ' ~1 ~~--------~~--------- -- __- . _ -. ---.--_ -----~. - ~ I ~ W _. _ .~ N 8979's4' w 1324.81 EXIST'G 12' ' "r WATER MAIN 8 DISTRICT BOUt+~ARY S3' EAST ;,~ : ~ z ~ ~~ m SOUTHt<AST COR. SEC. 34 ,~ 29/25, K.C.S. MARKED FOR SEC. COR. PER P.M. 449 FEED IN THE OFFICE OF 1HE aTY a,~Rlc TI45 aA1r i, of .1945 . fAEp fpt RECORD THS _,,,_„ OAti' ~ 1>f45 . AT ~_ -.,,N,. ~ 800K ff ASSESSYEI~IT CIT1f CtERK OF THE CITY OF pSTI0CT3 AT PAGE _~ IN TILE OFFICE OF THE COUNTY BAI(EITSf'If1D. CALIFORNIA gEQOnOER OF 1NE COt>tITY OF KERN.. STATE OF CALIFORNIA. AN ~ssESSMaT WAS LEtAE1~ 81l TME am oOUNaI oN 1~E Lore P+ECES ANO PARC>rLS of LAND sHarrM oN Tt'IIS Ass~x~ENT aAc~Arwl. suo AST WAS Lt:11ffD ON fl+E ~ DA1r of 1995 ; sAiO AS~910rT aAtiRAY AND THE Il1EiIlT Rq,L wERRE RECORDED IN tHE OFFICE OF THE DEPMTirIEItT ~ PU81{JG IIbiKS OF SAq aT1- al iFE OAY OF 1945. ~ IS MADE TD TILE ASSES9~EI~lT RQL RECORDED pi THE OFFICE ~ 714: DEPARTMENT OF PUBLIC 1NORK5 FOR THE EXACT AMaJNT Oi EACH lT LElAEO AGAINST EACR PARCQ OF IA~D SH01Mi1 ON THIS ASgS91prT OIACii;AM. aTY aE~llc aF >~ aTY aF . ~~ GALE S. ENSTAt) couNTr t:LERK TIECORDER !Irr CHIEF DEPUTY AECaipE'R RECORDED N 1ME OF>•ICE OF 1HE DEPAR'11rENt OF Pll9lJC MlOrdcS THIS _,___ OAY OF 1945 . OIRECTCFt OF PI,~C IMORI(S CAL~'ORIRA ~~ 11 ~ BR ~ ~,, .. ,,GV ~~:.. ~, . ~~_ m V ~ ORi~'i~nl MAINTEEARCE DISTRICT 1, DIVISION 10 CITY OF SARERSFIELD BEI~EF I T 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 asaount 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) for the parcel, and; Multiplied by (t): The factor for the tier level, which equals the .tier number, and; Divided by (b): The total number of EDU's in the district. (1) = Sxaxt b Note: Undeveloped residential and commercial parcels shall be charged for one-half the number of EDU's for that parcel. Undeveloped industrial parcels shall be charged for one-fourth the number of EDU's for that parcel. (2) shall be the dollar amount budgeted for the maintenance and operation of the PARKS (P~ within the district, adjusted for prior yearfund-balance or deficit; Multiplied by (a): The number of EDU's for the parcel, and; Divided by fib): .The .total number of EDU's in the district. (Z) = Pxa b E~I n C n Page 2 ~. m v ~Rl~l~~nl EQUIVALENT ,DWE~,_UNIT ,~ DUB CHART Equivalent Dwelling Units (EDU's) shall be calculated by use or potential use per zoning as follows: ~TSE EDU REMARKS Agricultural Zone 1.0 Per parcel Single Family (Detached) 1.0 Per parcel Dwelling Unit, less than 5 .acres Undeveloped R-1 zoned,. 4/acre Rounded down to the acres or more. nearest whole number. Undeveloped R-1 zoned, 1/acre Rounded down to the less than 5 acres. nearest whole number. Multi-Family (Attached) 0.71/unit Number of uni ts shall Dwelling Unit R-2, R-3 equal the acreage multiplied by 12 rounded down to the nearest whole number. Undeveloped R-2, R-3 Non Residential Mobile Homes. in parks (Rent Space) Mobile Homes in subdivisions (owner) Mixed Use- U:JOtiNIMAINDIST1fORl~lLA1t~01.10 0.71/unit See above 6/acre Rounded to nearest .O1 0.71/unit 1.00/unit Each calculated per the above. ERHIBIT "C" Page f Z ~~~ of '~s r r 3• r + , EXHIBIT'D' MAINTENANCE DISTRICT N0.1 DIVISION 10 SAID ASSESSMENT iS MADE iN ACCORDANCE WITH THE BENEFIT FORMULA ATTACHED HERETO. 1994 - 1995 BUDGET Gross Budget Amount Rewired (City Staff Services or Contract, Supplies, Materials, Utilities, and Overhead Costs) Estimated Beginning Fund Balance / (Deficit) Less: City Contribution NET AMOUNT TO BE ASSESSED X0.00 X0.00 so.oo ~ So.OO EXHIBIT"D' ~c ~'9 0 ~ ~- m v ORi~irlnL EXHIBIT "E" ASSESSMENT ROLL MAINTENANCE DISTRICT N0.1 DlvisioN 10 FISCALYEAR i 994 -- 1995 Assessmenrt Parcel No, as shown on Map Total Exhibit "B" Assessment 4os-o2o- ~~-oo-a $o.oo 4os-o2o-~-00-7 $o.oo Total $p,pp Date: ~~y ~~erK and Ex 0~icio Clerk of the Council of the City of Bakersfield EXHIBIT "E" 4 `~~9 Page 1 ~ `~'~ ~. m -r r t,~ rj 5401 Business Park South, Suite 210 Bakersfield, CA 93309 (805) 322-6381 • FiV( (805) 322-2941 March 08, 1995 CITY QF BAKERSFIELD Public Works Department 1501 Truxtun Avenue Bakersfield, CA 93301 .Attention: Raul M. Rojas Public Works Director Subject: City of Bakersfield Maintenance District No. 1 Division 10 Dear Mr. Rojas: I am in receipt. of the Notice of Decision and Findings dated August 24, 1994, from the. City of Bakersfield. Public Works Department .regarding the above referenced Maintenance District, the formation of which is a condition of approval for Parcel Map Waiver 19-94. I understand that I have a right to file a protest at a hearing to be held at a time and place to be set by the resolution establishing the Maintenance District. I am also in receipt of .the Covenant Disclosing Inclusion in a Maintenance District, which includes the maximum maintenance assessment :for the property .within Parcel .Map Waiver 19-94. I do not, intend to protest the formation of the district, the boundaries of the district, the fairness of the benefit formula, or the. amount of the. assessment on any parcel _of property to be assessed. ~3y my Sl~ndlure U!1 ~l1S le~1Cr, Bd%ersf~ciu ;Zeal F~~air t~rUUp ilereby waives~he right to the public hearing and the protest hearing required by Chapter 18.04 of the Bakersfield Municipal Code and the Brown Act. Very yours truly, BAKERSFIELD REAL ESTATE GRt3UP ,. m T. Murphy President ]TM:dc ~ ~~~~ s~ v ~ ~ t `a ' ~.7.,~ 6~ Recording requested by and when recorded mail to: City of Bakersfield City Clerk's Office 1501 Truxtun Avenue Bakersfield, CA 93301 THIS SPACE FOR RECORDER'S USE ONLY Parcel Map Waiver No.19i 94 Parcels 1 through 3 COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT THIS COVENANT is executed on this day of _ _ ,199_, by "Owner"}, in connection (hereinafter. with Interim Maintenance District 1-10, located in the City of Bakersfield, California. ~ ) ro herein described is located within Tier 1 of (Interim) Maintenance District The real p petty 1.10 and~ma be assessed for maintenance of public landscaping on public rights-ofway within the y district. thou this roe ma have been assessed. a lesser amount in the present tax year, the ~ gh P p rtY y ultimate estirflated annual assessment for maintenance of public landscaping within this tier, based on full buildout of this district, is $100.00 er single family dwelling, based on 1994 dollars and labor p costs of the district. It is understood that it is the intent of the Public Works Department that said Maintenance ' o. 1-10 be met ed with the Consolidated Maintenance District Beginning July 1,1996. D~stnct N g It is antici aced that merging of Maintenance District No.1-10 with the Consolidated Maintenance P District will not affect the amount of ultimate estimated annual,assessment referenced above. This covenant may not be amended or modified without the prior approval of the City of Bakersfield. This covenant .shall run with the land. Property description: Dated this _____ day of Owner(s)/Developer(s): ,199 ._ City of Bakersfield: Raul M. Rajas Public Works Director NOTE: All owners}Ideveloper(s) signatures must be notarized. PWjas p:~~.ow ~ ~'9 a s~ ~ -~ m ~ ~- ~~~~~,. a a ~1AY 3 ~ ~~~ RESOLUTION OF INTENTION NO. 1127 ~UgLIC yyORKS DE~ARTME~~ A RESOLUTION DECLARING INTENTION TO ESTABLISH MAINTENANCE DISTRICT N0. 1-10 (INTERIM}, (RENFRO/TEXAS ROSE} PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT; SETTING THE BOUNDARIES OF THE PROPOSED DISTRICT, 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 therefor; and WHEREAS, the property owner has requested the City Council to establish a maintenance district in accordance with the procedures. established therefor by Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield and the Public Works Director recommends such formation; and WHEREAS, it is the intention of the City Council of the City of Bakersfield to order the establishment of a maintenance district, which district shall be designated Maintenance District .No. 1-10 (Interim), generally described in Exhibit."A" attached hereto, to maintain and operate the local improvements including ..public street landscaping improvements; 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 descrigtion of each parcel of property in the .proposed maintenance district, attached hereto as Exhibit "A" and incorporated as though .fully set forth; (b} the improvements to be maintained by this district specifically are various items included. in ,Landscape Plans within the boundaries as -shown on ,Map and Assessment Diagram for Maintenance District No. 1-10 (Interim}, Exhibit "B," on file in the .offices of the City Clerk and Public Works .Director of the City. All such improvements will be constructed only after plans therefore have been ~~ filed with and approved by the City Engineer;. -1- c the Benefit Formula set forth as Exhibit "C"; O (d) a Budget, Exhibit specified in Section Municipal Code; and "D," containing the matters 13.04.130 of the Bakersfield the amount of assessment to be levied•against each (e) Exhibit "E" and parcel, attached hereto as incor orated as though fully set forth; and p WHEREAS the City of Bakersf field has received a letter wner of the ro erty described in proposed Parcel-Map from the o p p hearin and to a Waiver 19-94 which waives all rights to a public g earin as re wired by the Brown Act and Chapter 13.04 of protest h g q the Bakersfield Municipal Code. HOW THEREFORE, BE IT RESOLVED by the City Council of the Cit of Bakersf field, State of California, as follows Y 1. .The fore oin recitals are true and correct and are g g incorporated herein. The Cit Council hereby preliminarily adopts and 2. • y ~ es that the a roves the Public Works Director s Report and declar pp s so s ecif ied and described is the territory within the boundarie p district benefiting from said local improvements;. that the expense of maintainin and operating said improvements• is hereby made g assessable u on said district; and that the, exterior boundaries of • • p ribed to be as shown on said district are hereby specified and desc that certain ma now on f file in the Office of the City Clerk of the • P 'c Works Director City of Bakersf geld :and In the Office of the Publi , hibit "B" attached hereto. and incorporated in this marked Ex , d resolution as though fully set forth herein, entitled "Map•an Assessment Diagram for Maintenance District No. 1-10 (Interim), California for Fiscal Year 19.95-96,"..which map Bakersfield, , • indicates b a boundary line the extent, of the territory included • y or all details as to In-said proposed district and shall govern f the extent of the maintenance .district. -2- I HEREBY CERTIFY that the foregoing Resolution was passed and ado ted by the Council of the City of Bakersfield at a regular p 7 ~ b the meeting thereof held on MAY 1 - Y following vote: N S EAMB~fi, AB~:~~; ~~, ~IIvA~G~a AYES; COUNCiLMEMBER DeMOND, CAASO , NOES: COUNCilMEMBER ABSTAIN; COUNCIIMEMBER ABSENT: COllNCIl.MEMBER 4 /• CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED MAY 17 808 Pit CB MAYOR of the City of Bakersfield APPROVED as to form: ~ ~U V'V ! ICJ ~-' JUDY K. SKOU58H ~ CITY ATTORNEY of the C1 ~y of Baker f field JAS~mps P:~MAINDIST~ROI~MDI-IO.ROI 4/26/95 Attachments: Exhibit "1" Exhibit "A" Exhibit "B" EXhlblt "C" Exhibit "D" Exhibit "E" -3- City of Bakersfield PUBLIC WORKS DIRECTOR'S REPORT MAINTENANCE DISTRICT NO. 1-10 (INTERIM) Fiscal Year 1995-1996 WHEREAS, on WEDNESDAY, MAY 17, 1995, the Council of the City of Bakersfield adopted its Resolution of Intention No. 1127 to order the establishment of a maintenance district pursuant to the provisions of Chapter 13.04 of Title 13 of the .Municipal Code of the City of Bakersfield, and referred said proposal to the,Public Works Director, directing him to make and file a Report; and WHEREAS, the Public Works Director filed with the City Clerk of the Council his report, in writing, which Report is as follows: Public Works Director's Report City of .Bakersfield, Maintenance District No. 1-14 (Interim j , is generally described as a district bounded by the Kern River Freeway .Alignment on the north, Renfro Road on the east, a line parallel to and 1/8 of a mile north of stockdale Highway on the south and a line parallel to and 1/4 mile west of Renfro Road on the .west and as specifically shown on Map and Assessment Diagram marked Exhibit "B," attached hereto and incorporated herein by reference as though fully set forth, as a district within the City of Bakersf field. Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersf field, ref erred 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 district for the cost of maintaining and operating public street median .and other public street landscaping improvements. The improvements generally include, but are not limited to, turf , plant forms , shrubs , ground cover, trees , lighting, irrigation systems, electrical conduits, wiring, timers, walls and sidewalks. The assessment includes the cost of necessary repairs, replacement, water, electricity, care, supervision and any and all other items necessary for .the proper maintenance and operation thereof, and all additions and improvements thereto which. may hereafter be made. For many years, public parks, public street median and other public street landscaping improvements in the City were maintained through traditional tax revenues. After Proposition 13, ~ ~1~ _1_ in 1978, funds available for maintenance and operation of parks, street median and other street landscaping improvements were substantially reduced. At present, the City's budget does not allow for maintenance and operation of street landscaping improvements of the type described above. Thus, without funds for maintenance and operating costs from a source other than general tax revenues, the City does not permit new public parks, street median and other street landscaping improvements to be constructed within the City. Maintenance District No. 1-10 (Interim}, is being established as an interim maintenance district for the maintenance of public street median and other street landscaping. At the end of the 1995-96 f fiscal year ,this interim district will be merged into the Consolidated Maintenance District established by the City Council on June 29, 1994. The district will be assigned an appropriate tier in the Consolidated Maintenance District so that each .parcel will be assessed the same amount as other parcels receiving a similar benefit. All parcels within this district will have a zero assessment for the ,1995-96 fiscal year. When merged into the Consolidated Maintenance District, it is expected to be placed in tier 1. The estimated maximum cost for non residential development is $100.00 per Equivalent Dwelling Unit based on full build out of the benefit area at ,existing zoning, using 1994 dollars and 1994 Parks Department maintenance and overhead costs. The district will consist of non residential use, thus all parcels. within the district will be of f ected. 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 district. The Benefit Formula is set forth herein as Exhibit"C" and attached hereto and incorporated in this. resolution as though fully set forth herein. -2- 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 1995-96 Budget and Assessment Roll as set forth in Exhibit "D" and Exhibit "E," respectively, attached hereto and incorporated herein as though-fully set forth, upon all parcels of property within Maintenance District No. 1-10 Interim), subject to be assessed to pay the cost of maintenance and operation in said district. Dated: RA M. ROJ Director of Public Works City of Bakersfield -3- MAINTENANCE DISTRICT N0. 1-10 (INTERIM) LEGAL DESCRIPTION A PARCEL OF LAND SITUATED IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, BEING A PORTION OF SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 29 SOUTH, RANGE 26 EAST, M.D.B. & M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at the southeast corner of said section 34, thence North 00°23'13" East, along the East line of said Section 34, a distance of 661.73 feet, to the True Point of Beginning. THENCE (1} N. 89°29'54" W., a distance of 1324.87 .feet; THENCE (2) N. 00°25'04" E., a distance of 875.07 feet to the beginning of a nontangent curve concave to the southeast having a radius of 5295.17 feet, which radius point bears, S. 16°52'36" E.; THENCE (3) Northeasterly along said curve through a central angle of 06°07' 31" an arc length of 566.08 feet; THENCE (4) S. 86°56'04" E., a distance of 676.74 feet; THENCE (5) S. 04009'44" E., a distance of 324.06 feet; THENCE (6) 5. 89°30'00" E., a distance of 74.17 feet to a point on the East line of said section 34; THENCE ( 7 ) S . 00 ° 2 3' 13 " W. , along said East line a distance of 661.72 feet to the True Point of Beginning. EXHIBIT ~An U:JOHN~~MAINDiS11LE(3AIS~L,E(3L1-10 MAP AND ASSESSMENT DIAGRAM FoR 1 MAINTENANCE DISTRICT Na -- -10 -- f ~~~° ~„)k Sri- 3~ 79~7b " . tINTERIM) _. ____ _ _ _ ~ 1,~ I , ~ C:'~h~ ri! ! E () IRON f'If'f ~ 3 NAIL ~: ~ ~' M ~a~~. cI „~E,NSCN ROIL ~ ~ ~~~n~~ ~1~~~ l~,l~r~~ ~,n~>>~ ~~~~~ ~ , r,1 I ,;. I ~' ~~ ~~ ,;; ~ i.. .i0' W~fli f:Ol1NiY Of KFKN ~ _.~- Iii ~ ' I ~ PF R ?K 1(;11, i'(;. A4~. '. R. I " I 3()' Wei E ACCESS CAS Mi N? ~~ f iN GI Nl?A ~( ! P R Iil ~~~a NOS? T `yCAL.C _ ~ "--IC~C?' : I ) O FEE i U E'ER PK i19~, f'; 1075, GR ~ ~ ~+~ i ^l I ~n ~ -~ v ~r r-i n j - C_l _ Q .. . _. ' N N ^ Z ll / `~ ~+I ! `~- 7 / II I Q ~~ ~~ - ~ ~- i~-~ ~,FR~ -- RAP ~~'L~ .i0' ACCESS FASEMCti' -c-~ 1 ~~~ vo(. 52, PG. , 3~ M E3. ~ ~ P P 1 1 O R -L n ~ ~' ~ Q m P G , 5a. ER RK 50 ~ ~ ~~ iv I c, ~ - N 86 .56.p~t" ,N 676.74' ~ ! I :~~ `~7.5 70' i _ .- - 1" - Uh•07 ~ o'r? ~ 52°''11' ~ Q ~ ~ R' 3t' 1 ~ ~ ~ i , z ~ , I ~ ! ~' f 2~3. , ~ ~ \~y~s L~ 566 08.,- J ~~ ~ r n ~ I l! 1 f~ ~~ ~ l A o ~ I ~ I~ f ~ R ~s ' -._ o ° I 'A ~~ • in CL P.G. be f . TOWE~I INE ~ y ~~~, ! , i.07 GROSS ACRE ~ ~ i I I LL o c~ ~ ~ ~ ~ ~ EASEMENT PEf2 BK! 935, ~ ~ c I ~ N i II ~ ' ~J ca ; ~ Pc. z44, c ~. ~, i ~ ! _. - ! ~ --.. _. ._ --- - F --- -- - -- - -. rn ~ rn ! 14.11' -__ - _ -- ~ - -- ~- ~ j ' z - ~ ~E~~,f-i_ ,3 { I ~ I I I I I I ! ~' X `1' v R 16 GROSS ACRES ExISr'G ~° -- ~ ;' ~ II"-- SEINER M A~ N I - ---- _ - _]_ ~ f i 1 ! J ----`"j I 55' WIDE ACCESS EASEMENT ! ------._~----- , f0 'T!-+E PUBLIC iN CEtiERAi I ± '~ -. I I I PER BK .5191 PG. 1076. O.R. ~ I I I i ~ o N n Z iii tit - --- -- ~ LJ l N1 ^ - Q ;.t CV a o I ~ i ~Di1f\lJl ! i0 0 55' S~REFT R\W ° `°I' v ~ ~' ° L ._ _. ~ I 1.92 GROSS ACRES ~ a0I I d ~ 7 PER BK. 6519, f G. 663 UR --- I !:~ c) r.l f I ~" VIA NARANJA - I --- E.XIS+ ~ 6" Sr:WER o rTl I I SI WEf2 MAIN ~ ' I I >~I I °U' ACCESS FASI f Ni -, ~ N 45.75 ~O„ I I 70 18 ~ ~ I f f . ~ i t ~ t 1. . N e9.74'S4., w 5~0 ~~~' ----- - ~ i ' ~ ~ ~.~ ~_ ()ISTR!CT ~?CUNpARY FlLEO N THE OFFICE OF THE pTY CIFRK THIS DAY OF . 19_ BAKERSFlELD, CALIFORNIA AN ASSESSMENT WAS LEVED BY THE CITY COUNCIL ON THE LOTS, PIECES AND PARCELS OF LAND SHOWN ON THIS ASSESSMENT DUGRAM. SAID ASSESSMENI WAS LEVIED ON THE DAY OF . 19,,,,; SAID ASSESSMENT DIAGRAM ANO THE ASSESSMENT ROLL WERE RECORDED N THE OFFICE OF THE DEPARTMENT OF PUBLIC WORKS OF SAID CITY ON THE DAY OF . 19_, REFERENCE IS MADE TO THE ASSESSMENT ROLL RECORDED ~ THE OFFICE OF THE DEPARTMENT OF PUBLIC WDRKS FT7R THE EXACT AMOUNT OF EACH ASSESSMENT LEVED AGNNST EACH PARCEL OF LAND SHOWN ON THIS ASSES9-ENT DIAGRAM. 9AKEIZSFIEID, CALIFORNIA . i~ ~ i ~ WATT R MAIN ~ c n l I SOU THE AS ~ COR 5E :, 34 ~ ! 79/7.6, K C.`,i MAf1K~;~ f OR SFC COR. f f.f~ P.M °A99. I ti ~ flLED FOR RECORD THIS DAY OF 19_. AT _.M., ~ 80p( OF ASSESSMENT DISTRICTS AT PAt~ IN THE OFFlCE OF 1HE COUNTY RECORDER OF 1HE COUNTY OF KERN, STALE OF CAl1FORHNA. JAMES W. MAPLES COUNTY ASSES50R-RECORDER BY CHEF DEPUTY RECORDER RECORDED N THE OFFICE OF THE DEPARTMENT OF PUBLIC WORKS 1HIS DAY OF . 19~ BAi4FSF'IE10, CALIFORNIA EXHIBIT * B~ F~tE• 1O94JCFi!~; SHEET t ai ~ MAINTENANCE DISTRICT 1-10 (INTERIM) CITY OF SAKERSFIELD BENEFIT FoRM~TLA Each parcel in the Street Landscaping Zone of Benefit shall be assessed the amount as defined in (1} 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) for the parcel, and; Multiplied by (t}: The factor for the tier level, which equals .the tier number, and; Divided by (b): The total number of EDU's in the district. (1) = Sxaxt b Note:. Undeveloped residential and commercial parcels shall be charged for one-half the number of EDU's for that parcel. Undeveloped. industrial parcels shall be charged for one-fourth the number of EDU's for that parcel. EXHIBIT "C" Fage 1 of 2 E4UIVALENT DWELLING UNIT (EDU) CHART Equivalent Dwelling Units (EDU's} shall be calculated by use or potential use per zoning as follows: vsE Env RE~!~s Agricultural Zone 1.0 Per parcel Single Family (Detached) 1.0 Per parcel Dwelling Unit, less than 5 acres Undeveloped R-1 zoned 4/acre Rounded down to the 5 acres or more. nearest whole number. Undeveloped R-1 zoned, 1/acre Rounded down to the less than 5 acres. nearest whole number. Multi-Family (Attached) 0.71/unit Number of units shall Dwelling Unit R-2, R-3 equal the acreage multiplied by 12 rounded down to the nearest whole number. Undeveloped R-2, R-3 0.71/unit See .above, Non Residential 6/acre Rounded to nearest .41 Mobile Homes in parks 0.71/unit (Rent Space) Mobile Homes in 1.00/unit subdivisions (owner) Mixed-Use Each calculated per the above. U:JOHNIMAIl~iDISTIFORMULA1MDl-10 EXHIBIT "C" Page 2 of Z EXHIBIT 'D' MAINTENANCE DISTRICT NO. 1-10 (INTERIM) SAID ASSESSMENT IS MADE IN ACCORDANCE WITH THE BENEFIT FORMULA ATTACHED HERETO. 1995 - 1996 BUDGET Gross Budget Amount Required $0.00 (City Staff Services or Contract, Supplies, Materials, Utilities, and Overhead Costs) Estimated Beginning Fund Balance / (Deficit) S~•00 Less: City Contribution $0.00 NET AMOUNT TO BE ASSESSED $0.00 EXHIBIT "D" EXHIBIT "E" ASSESSMENT ROLL MAINTENANCE DISTRICT N0.1-10 (INTERIM) FI SCAL YEAR 1995 - 1996 Assessment Parcel No. as shown on Map Total Exhibit "B" Assessment 408-020-17-00-8 $0,00 408-020-21-00-7 $0,00 Total Date: X0.00 City Clerk and Ex Officio Cork of the Council of the City of Bakersfield EXHIBIT "E" Page 1 ~~EZ~f~ ~E~~~~~ ~~~., ~,~. 5401 Business Park South, Suite 210 Bakersfield, CA 93309 (805) 322-6381 • FAX (805) 322-2941 March 08, 1995 CITY OF BAKERSFIELD Public Works Department 1501 Truxtun Avenue Bakersfield, CA 93301 Attention: Raul M. Rojas Public Works Director Subject:. City of Bakersfield Maintenance District No. 1 Divisionl0 Dear Mr. Rojas: I am in receipt of the Notice of Decision and Findings dated August 24, 1994, from the City of Bakersfield Public Works Department regarding the above referenced Maintenance District, the formation of which is a condition of approval for Parcel Map waiver 19-94. I understand that I have a right to file a protest at a hearing to be held at a time and place. to be set by the resolution establishing the Maintenance District. I am also in .receipt of the .Covenant Disclosing Inclusion in a Maintenance District, which includes the maximum maintenance assessment for the property within Parcel Map waiver 19-94, I do not intend to protest the formation of the district, the boundaries of the district,. the fairness of the benefit formula, or the amount of the assessment on any parcel of property to be assessed. By nay signature u~~ ti~is Ietzer, Bdkersi ~riu Real ES~aie Group hereby waivestne right to the public hearing and the protest hearing required by Chapter 18.04 of the Bakersfield Municipal Code and the Brown Act. Very yours truly, BAKERSFIELD REAL ESTATE GROUP m T. Murphy President 7TM: do ~;uesta En ineering g 5055 California Avenue, Suite 218 8akersfieid, CA 93309 (805) 324.5504 FAX (805) 324-5247 October 24,1994 City of Bakersfield Attn: Marian Shaw 1501 T`ruxtun Avenue Bakersfield, CA 93301 Re: Parcel Map Waiver 19-94 Dear Marian, On behalf of my client, West Kern Corporation, I hereby request formation of a Maintenance District for said Parcel Map Waiver. Please start these procedures immediately as we want to record as soon as possible and this procedure is a condition of approval. Thank you for your assistance in this matter. Sincerely, CITESTA ENGINEERING ~-~ Maurice J. echury, Jr. Civ~ Engineer -R.C.E. 34609 MJEIjc B:\REQUEST.644 Recording requested by and when recorded mail to: City of Bakersfield City Clerk's Office 1501 Truxtun Avenue Bakersfield, CA 93301 THIS SPACE FOR RECORDER'S USE ONLY Parcel Map Waiver No. 1919 94 Parcels 1 t=gh 3 COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT OVENANT is executed on this day of ,199, by THIS C ~~ (hereinafter, Owner ), in connection • istrict 1-10 located in the City of Bakersfield, California. with (Intenm) Maintenance D , herein described is located within .Tier 1 of (Interim) Maintenance District The real property - a be assessed for maintenance of public landscaping on public rights-of way within the 110, and m y district. ' have been assessed a lesser amount in the present tax year, the Although this .property may ' ate estimated annual assessment for maintenance of public landscaping within this. tier, based ult~m on full buildout of this district, is $100.00 per single family dwelling, based on 1994 dollars .and labor costs of the district. ' tood that it is the intent of the Public Works Department that said Maintenance It is unders ' ' t No.1-10 be mer ed with the Consolidated .Maintenance District Beginning July 1,1996. Dtstric g It is antici ated that mer 'n of Maintenance District No.1-10 with the Consolidated Maintenance p l~ g District will not affect the amount of ultimate estimated annual assessment referenced above. ' venant ma not be amended or modified without the prior approval of the City of This co y Bakersfield. This covenant shall run with the land. Property description: Dated this ______ day of ~ 199____. Owner(s)/Developer(s): City of Bakersfield: Raul M. Rojas Public Works Director NOTE: All owners}Ideveloper(s} signatures must be notarized. PW ~ as P:uterim.oov ~ BA O s f ADMINISTRATIVE REPORT c L 0 MEETING DATE: June 28,1995 AGENDA SECTION: Consent Calendar ITEM N0: T0: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: June lb, 1995 APPROVED DEPARTMENT HEAD CITY ATTORNEY z ~ CITY MANAGER SUBJECT: Resolution establishing Maintenance District No. 1-10 (Interim , confirmin the g assessment and authorizing collection of assessments by the Kern County Tax Collector (Renfro/Texas Rose). (Ward 4) RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: A written request has been received by the City Engineer from the subdivider of Parcel Map Waiver No. 19-94 to form a maintenance district or to be included into an existin . .. g maintenance district as condition of approval f or the parcel map waiver. This district will rovide . p f or the maintenance of public street landscaping. Staff recommends the f ormation of Maintenance District No.1-10, (Renfro/Texas Rose) generally bounded by the Kern River Freewa .Ali nment Y g on the north, Renfro Road on the east, a line parallel to and 118 mile north of Stockdale Hi hwa g Y on the south and a line parallel to and 1/4 mile west of Renfro Road on the west. The City Council approved the Consolidated Maintenance District on June 29, 1994. The Ci 's . tY procedure is that all new districts formed .during the fiscal year will be interim districts and all interim districts will be mer ed into the Consolidated Maintenance District g at the end of each f fiscal year. Since we~ are near the end of the 1994-95 fiscal year and no assessments are to be levied in this district for the 1995-96 fiscal year the intent is to mer a this district into the Consolidated . g Maintenance District at the end of the 1995-96 fiscal year. This district will be under the street and median zone of benefit and assessed an amount for "Tier 1". The .City of Bakersfield has received a letter from the owner of the ro er described in Parcel . p p tY Map Waiver No. 19-94 which waives all rights to a public hearin and to a rotest hearin as g P g required by the Brown Act and Chapter 13.04 of the Bakersfield Munici al Code. This allows the • p City to expedite the f ormation of the district, to satisfy the subdivision re uirement. q In order to provide future property owners with disclosure re ardin the ro osed maintenance g g p p district and the estimated maximum annual costs per equivalent dwellin unit, a covenant has been . .. g drafted and will be supplied to the subdivider/developer to be recorded with each subdivision. A copy of this covenant is attached for reference. P:ladminlmdl-l0.est jas June 16.1495, 9:14am RESOLUTION N0. A RESOLUTION ESTABLISHING MAINTENANCE DISTRICT NO. 1-10 (INTERIM), CONFIRMING THE ASSESSMENT AND AUTHORIZING COLLECTION OF ASSESSMENTS BY THE KERN COUNTY TAX COLLECTOR (RENFRO/TEXAS ROSE) .WHEREAS, the City Council of the City of Bakersfield, State of California, heretofore by Resolution of Intention No. 1127, adopted May 17, ..1995, declared its intention to order the establishment of a maintenance district, preliminarily adopted, confirmed and .approved the Public Works. Director's Report, set the boundaries of the proposed district, the fairness of the benefit. formula, the amount of assessment to be levied against each parcel and the .reservation of right to perform work by City f orces or private contractor. Said. District shall be designated Maintenance District No 1-10, as shown and desi Hated on that certain map entitled Map and Assessment .Diagram for Maintenance g District No 1-10, City of Bakersfield, California, for Fiscal Year 1994-1995 on file in the offices of the City Clerk and Publicworks Director, -City of Bakersfield; and WHEREAS, the Public Works Director duly filed with the City Clerk his Report, including a budget, assessment formula, improvements to be maintained by the district, description of property and proposed assessments; and WHEREAS, the City of Bakersfield has received, a letter from. ,the sole property owner within Maintenance District No. 1-10 which waives all rights to a public hearing and to a protest hearing as required by the Brown Act, Streets and Highway Code .and Chapter 13.04 of the Bakersfield Municipal Code; and WHEREAS, the City Council formed the Consolidated Maintenance District on June 29,1994, and the rocedure is that all new districts formed during the fiscal year, P including Maintenance District No. 1-10, will be interim districts and all such districts will be merged into the Consolidated Maintenance District at the end of each fiscal year. NOW, THEREFORE, BE IT RESOLVED by the City Council of ,the City of Bakersfield, as follows: 1. The foregoing recitals are true and correct and incorporated herein by reference. 2. The Council hereby establishes Maintenance ,District No. 1-10, and confirms and adopts the Public Works Director's Report, (attached hereto as Exhibit 1 and incorporated herein by reference) including the amounts of assessment for each assessed parcel, as set forth in the Public Works Director's Report. 3. Exhibits "A" and "B" attached hereto and incorporated herein by reference describe Maintenance District No. 1-10. I HEREBY CERTIFY that the f oregoing Resolution was passed and ado ted p by the Council of the..,City of Bakersfield at a .regular meeting thereof .held on by the following vote: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: L1i111 V l6 1 Exhibit ~ ~~A~~ Exhibit "B" F~ Exhibit ..C.. Exhibit ..D.. Exhibit "E" P:Ilaindistlestab11D1~t0.EST jaa in 1978, funds available for maintenance and operation of parks, street median and other street landscaping improvements were substantially reduced. At present, the. City's budget does not allow for maintenance and operation of street .landscaping improvements of the type described above. Thus, without funds for maintenance and operating costs .from a source. other than general tax revenues, the City does not permit new public parks, street median and other street landscaping improvements to be constructed within the City. Maintenance District No. 1-10 .(Interim), is being established as an interim maintenance district for the maintenance of public street median and other street landscaping. At the end of the 1995-9b fiscal year this .interim district will be merged into the Consolidated Maintenance District established by the City Council on June 29, 1994. The district will be assigned an appropriate tier in the Consolidated Maintenance District so that ea~~~~ parcel will be assessed the same amount as other parcels receiving a similar benefit. All parcels within this district will have a zero assessment .for the 1995-96 f fiscal year. When merged into the Consolidated Maintenance District, it is expected to be placed in tier 1. The estimated maximum cost fornon residential development ,,, is $10.0.00 per Equivalent Dwelling Unit based on full build out of .the benefit area at existing zoning, using 1994 ~ dollars and 1994 ~: ~~ Parks Department maintenance and overhead costs. ~~~ ~ ~ The district will consist of residential and non residential use, thus~all parcels within the district will be affected. Sensory benefits from installing. street landscaping are aesthetic enhancement and open space enjoyment. Public median -and street landscaping will benef it all the lots or parcels and will be assessed on an Equivalent Dwelling Unit basis. throughout the district. The Benefit Formula is set forth herein as Exhibit "C" and attached hereto and incorporated in this resolution as~though fully set forth herein. _2e . ' MAINTENANCE. DISTRICT N0. 1 DIVISION 10 LEGAL DESCRIPTION A PARCEL OF LAND SITUATED IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, BEING A PORTION OF SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 29 SOUTH, RANGE 26 EAST, M.D.B. & M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: Co.mimencing at the southeast corner of said section 34 thence North 00°23.'13".East, along the East line of said Section 34, a distance of 661.73 feet, to the True Point of Beginning. THENCE (1} N. 89°29'54" W., a distance of 1324.87 feet; THENCE (2) N. 00°2.5'04" E., a distance of 875.07 feet to the beginning of a nontangent curve concave to the southeast having a radius of 5295.17 feet, which radius point bears S. 16°52'36" E.; THENCE (3} Northeasterly along said curve through a central angle of 06°07'31" an arc length. of 566.08 feet; THENCE (4) S 86°56'04" E., a distance of 676.74 feet; THENCE ( 5 ) S. 04°09' 44'° E. , .a distance of324.06 feet; THENCE (6) S. 89°30'00" E., a distance of 74.17 feet to a point on the East line of said section 34; THENCE { 7 ~ S. 00°23' 13" W. , along said East line a distance of 661.72 feet to the True Point cf Beginning. U:JOHNIYAINOIS~1lEGALSILEGl1.10 EXHIBIT A J MAINTENANCE DISTRICT 1, DIVISION 10 CITY OF BARERSFIELD ,, BENEFIT .FORMULA .Each parcel in the Street Landscaping Zoae of Benefit shall be . assessed the amount as defined in {1) below: Each parcel in the Park Zone of Benefit shall be assesses 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; Mul iplied by (a): The number of Equivalent Dwelling.Units. (EDU's} for the parcel, and; Multiplies by (t): The factor for the,.tier level, which. equals the tier number-,'and; Divided by (b): The total number of EDU's in the district. (1) - Sxaxt b Note: ,Undeveloped residential and commercial parcels shall be charged for one-half the number. of EDU's for that parcel. Undeveloped industrial parcels shall be charged for one-fourth the number of EDU' s for tha ~ parcel . (2) shall be the dollar amount budgeted for the maintenance and operation of the PARKS (P) within the district, adjusted.. for prior year fund balance or deficit; Multiplied by (a):' The number of EDU's for the parcel, alnd; Divided by (b): The total number of EDU's in the district. (2) = Pxa b ~~ EKHIBIT "C" Page 1 of 2 EXHIBIT 'D' MAINTENANCE DISTRICT N0.1 DIVISION 10 SAID ASSESSMENT IS MADE IN ACCORDANCE WITH THE BENEFIT FORMULA ATTACHED HERETO. 1994 - 1995 BUDGET Gross Budget Amount Required (City Staff Services or Contract, Supplies, Materials, Utilises, and Overhead Costs) Estimated Beginning Fund balance / (Deficit) Less: City Contribution NET AMOUNT. TO BE ASSESSED $0,00 $0.00 $0.00 i $0.00 EXHIBIT "D" 17CU2EZSf ~ C~\ EQL G1tLt~E ~ROIL/l.~ J/1C. 5441 Business Park South, Sure 210 Bakersfield, CA 93309 (805) 312-8381 ~ FAX (805) 322-2941 March 08, 1995 CITY OF BAKERSFIELD Public Works Department 1501 Truxtun Avenue Bakersfield, CA 93301 Attention: Raul M. Rojas , Public .Works Director Sub'ect: Cit of Bakersfield Maintenance Distract No. 1 Division 10 ~ y Dear Mr. Rojas: . I am in recei t of he Notice of .Decision and Findings dated August 24, 1994, P from the Cit of Bakersfield Public Works Department regarding the above referenced Y Maintenance District, the. rormation of Which is a condition of approval; for Parcel Map Waiver 19-94. I understand. that I have a right to file a protest at a hearing to be held at a time and lace to be set by the resolution establishing the Maintenance District. I am also in P receipt of the Covenant Disclosing Inclusion in a Maintenance.. District, which includes the maximum maintenance assessment for. the property within Parcel Map Waiver 19-94. I do not intend to `rotest the formation of the district, the boundaries. of the district, the .fairness P of the benefit formula, or the amount of the assessment on any parcel of property to be assessed..: B my slbndturC Utl liiis 'letLCr, Bakersiriu edl E~iaiC wr~up iiCreoy waives the right Y to the .public hearing and the protest hearing required by Chapter 18.04 of the Bakersfield Municipal Code and the Brown Act. Very yours truly, BAKERSFIELD REAL ESTATE GROUP ,:' m T. Murphy President 1TI~~:dc ~~ BAI{ ~ U ADMINISTRATIVE REPORT C• ~ O L p MEETING DATE: May 17,1995 AGENDA SECTION: Consent Calendar ITEM N0: T0: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Wor ctor DEPARTMENT HEAD DATE: Apri127,1995 CITY ATTORNEY ~~ CITY MANAGER SUBJECT: Resolution of Intention No. 1127 dec aring the City's intention to establish Maintenance District No. 1-10 (Interim), (Renfro/Texas Rose), preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 4) RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: A written request has been received by the City Engineer from the subdivider of Parcel Map Waiver No.19-94 to form a maintenance district or to be included into an existing maintenance district as condition of approval for the parcel map waiver. This district will provide for the maintenance of public street landscaping. Staff recommends the formation of Maintenance District No.1-10, (Renfro/Texas Rose) generally bounded by the Kern River Freeway Alignment on the north, Renfro Road on the east, a line parallel to and .118 mile north of Stockdale Highway on the south and a line parallel to and 1/4 mile west of Renfro Road on the west. The City Council approved the Consolidated Maintenance District on June 29, 1994. The Ci 's . ~' procedure is that all new districts formed during .the fiscal year will be interim districts and all interim districts will be merged into the Consolidated Maintenance District at the end of each fiscal year. Since we are near the end of the 1994-95 fiscal year and no assessments are to be levied in this district for the 1995-96 fiscal year the intent is to merge this district into the Consolidated Maintenance District at the end of the 1995-96 fiscal ear. This district will be under the street Y and median zone of benefit and- assessed an amount for "Tier 1". The City of Bakersfield has received a letter from the owner of the property described in parcel Map Waiver No. 19-94 which waives all rights to a public hearin and to ~a rotest hearin as g P g required by the Brown Act and Chapter 13.04 of the Bakersfield Municipal Code. This allows the City to expedite the f ormation of the district, to satisfy the subdivision requirement. In order to provide future homeowners with disclosure regarding the proposed maintenance district and the estimated maximum annual costs per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider/develo er to be recorded with each tract. A co of this p pY covenant is attached for reference. P:~adoin~md1-10.ROI App 27,199s,133pm RESOLUTION OF INTENTION N0. 1127 A RESOLUTION DECLARING INTENTION TO ESTABLISH MAINTENANCE DISTRICT N0. 1-10 (INTERIM), (RENFRO/TEXAS ROSE) PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT; SETTING THE BOUNDARIES OF THE PROPOSED DISTRICT, 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 therefor; and WHEREAS, the property owner has requested the City Council to establish a maintenance district in accordance with the procedures established therefor by Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield and the Public Works Director recommends such formation; and WHEREAS, it is the intention of the City Council of the City of Bakersfield to order the establishment of a maintenance district, which district shall be designated Maintenance District No. 1-10 (Interim), generally described in Exhibit "A" attached hereto, to maintain and operate the local improvements .including public street landscaping improvements; 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 each parcel of property in the proposed maintenance district, attached hereto as Exhibit "A" and incorporated as though fully set forth; (b) the improvements to be maintained by this district specifically are various items included in Landscape Plans within the boundaries as shown on Map and Assessment Diagram for Maintenance District No. 1-10 (Interim), Exhibit "B," on file in the offices of the City Clerk and Public Works Director of the City. All such improvements will be constructed only after plans therefore have been filed with and approved by the City Engineer; -1- (c) the Benefit Formula set forth as Exhibit "C"; (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 arcel, attached hereto as Exhibit "E" and p et forth• and incorporated as though fully s , WHEREAS, the City of Bakersfield has received a letter from the owner of the property described in proposed Parcel Map Waiver 19-94 which waives all rights to a public hearing and to a rotest hearing as required by the Brown Act and Chapter 13.04 of P the Bakersfield Municipal Code. NOW THEREFORE, 8E 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 district benefiting from said local improvements; that the expense of maintaining and operating said improvements is hereby made assessable upon said district; and that the exterior boundaries of said district are hereby specified and described to be as shown on that certain map now on file in the Office of the City Clerk of the City of Bakersfield and in the Office of the Public Works Director, marked Exhibit "B", attached hereto and incorporated in this resolution as though fully set forth herein, entitled "Map and Assessment Diagram for Maintenance District No. 1-10 (Interim), Bakersfield, California, for Fiscal Year 1995-96," which map indicates by a boundary line the extent of the territory included in-said proposed district and shall govern for all details as to the extent of the maintenance district. -2- I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meetin thereof held on IVlAY 17 '~95 by the 9 following vote: ASCN, SM! ~AMOfit, A~W~~ ~, GWb1~, ~ALY~~Gi~ AYES, COUNCIIMEMBEA DeMOND, CA NOES: COUNCIlMEMBER ABSTAIN: CQUNCII~IEMBER ABSENT: C4UNCILMEMBEA CITY CLERK and Ex Officio Clerk of the Council of the City of 8akersf field APPROVED MAY 17 19~i l~ BOB PRICE MAYOR of the City of Bakersfield APPROVED as to form: JUDY K. SKOUSEB ~ CITY ATTORNEY of the Ci ~y of .Baker field JAS~mps P:~MAINDIST~ROI~MI 4/26/95 Attachments: Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit D1-IO.ROI N~11 ~~ A ~~ ~~ B ~~ „C ~~ ~~ D ~~ ~~ E ~~ -3- City of Bakersfield PUBLIC WORKS DIRECTOR'S REPORT MAINTENANCE DISTRICT NO. 1-10 (INTERIM) Fiscal Year 1995-1996 WHEREAS, on WEDNESDAY, MAY 17, 1995, the Council of the City of Bakersfield adopted its Resolution of Intention Ho . 11Z 7 to order the establishment of a maintenance district pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, and referred said proposal to the Public Works Director, directing him to make and file a Report; and WHEREAS, the Public Works Director filed with the City Clerk of the Council his report, in writing, which Report is as follows: Public Works Director's Report City of Bakersfield, Maintenance District No. 1-10 ~ Interims , is generally described as a district bounded by the Kern River Freeway Alignment on the north, Renfro Road on the .east, a line parallel to and 1/8 of a mile north of Stockdale Highway on the south and a line parallel to and 1/4 mile west. of Renfro Road on the west and as specifically shown on Map and Assessment Diagram marked Exhibit "B," attached hereto and incorporated herein by reference as though fully .set forth, as a district 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, ref erred 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 district for the cost of maintaining and operating public street median and .other. public street landscaping improvements. The improvements generally include, but are not limited to, turf , plant forms, shrubs, ground cover, trees, lighting, irrigation systems, .electrical conduits, wiring, timers, walls and sidewalks. The assessment includes the cost of necessary repairs, replacement, water, electricity, care, supervision and any and all .other items .necessary for the proper maintenance and operation thereof, and all additions and improvements thereto which may hereafter be made. For many years, public parks, public street median and other public street landscaping improvements in the City were maintained through traditional tax revenues, After Proposition 13, ~~~ ~1~ -1- in 1978, funds available for maintenance and operation of parks, street median and other street landscaping improvements were substantially reduced. At present, the City's budget does not allow for maintenance and ,operation of street landscaping improvements of the type described above . Thus, without funds for maintenance and operating costs from a source other than general tax revenues, the City does not permit new public parks, street median and other street landscaping improvements to be constructed within the City. Maintenance District No. 1-10 (Interim}, is being established as an interim maintenance district for the maintenance of public street median and other street landscaping. At the end of the. 1995-96 fiscal year this interim district will be merged into the Consolidated Maintenance District established by the City Council on June 29, 1994. The district will be assigned an appropriate tier in the Consolidated Maintenance District so that each parcel will be assessed the same amount as other arcels p receiving a similar benefit. All parcels within this district will have a zero assessment for the 1995-96 fiscal year. When merged into the Consolidated Maintenance District, it is expected to be placed in tier 1. The estimated maximum cost for non residential development is $100.00 per Equivalent Dwelling Unit based on full build out of the benefit area at existing zoning, using 1994 dollars and 1994 Parks Department maintenance and overhead costs. The district will consist of non residential use, thus all parcels within the district 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 district. The Benefit Formula is set forth herein as Exhibit "C" and attached hereto and incorporated in this resolution as though fully set forth herein. -2- 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 1995-96 Budget and Assessment Roll as set forth in Exhibit "D" and Exhibit "E," respectively, attached hereto and incorporated herein as though fully set forth, upon all parcels of property within Maintenance District No. 1-10 Interim}, subject to be assessed to pay the cost of maintenance and operation in said district. Dated: RA M. ROJ Director of Public Works City of Bakersfield -3- MAINTENANCE DISTRICT N0. 1-10 (INTERIM) LEGAL DESCRIPTION A PARCEL OF LAND SITUATED IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, BEING A PORTION OF SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 29 SOUTH, RANGE 26 EAST, M.D.B. & M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at the southeast corner of said section 34, thence North 00°23'13" East, along the East line of said Section 34, a distance of 661.73 feet, to the True Point of Beginning. THENCE (1) N. 89°29'54" W., a distance of 1324.87 feet; THENCE (2) N. 00°25'04" E., a distance of 875.07 feet to the beginning of a nontangent curve concave to the southeast having a radius of 5295.17 feet, which radius point bears S. 16°52'36" E.; THENCE (3) Northeasterly along said curve through a central angle of 06°07'31" an arc length of 566.08 feet; THENCE (4) S. 86°56'04" E., a distance of 676.74 feet; THENCE (5) S. 04°09'44" E., a distance of 324.06 feet; THENCE (6) S., 89°30'00" E., a distance of 74.17 feet to a point on the East line of said section 34; THENCE ( 7 ) S. 00°23' 13" W, , along said East line a distance of 661.72 feet to the True Point of Beginning. E~~~ nA~ U:JOHN~MAIIHDIST\LEC3AISU.EGL1-10 MAP AND ASSESSMENT DIAGRAM FOR MAINTENANCE DISTRICT NO 1 -10 - ~.4 (:OI?. ~E(: j~ 79,? . INTERIM) J ;, ~ ~ ;" C(,NC. III I ED ~<:)N I~Ir'~ ~ All PrR I.M. 4~~ c< <~;;t ~~:~oti ~~on , l i l ,~~ ;~~ ,, ,. ~~ I `, ,.~~~ ' I .i0 W~~• nor; Sr ~ n~,l N!' IY -- \`~ I . I 1\J Cdr'? -i ~..I r() '~'~ x'1;131 !; IN C;I NI ~~ ~~ / - ~'' J d ,. N 'V ; I ~\ ~J 1 /~ // '~ `/ ~ E~' a it ~ I' Q ~; ro ~.-- ,.- ~ u F R~- ~ _- w E~ti R ~ %"~ i ~ ' ~ , 7 ~' . ~_ ~. ACCFS~ = nSE MI_v . 0 , _ ;I , ~ N 8f .`~6 Q4' 'N fi7F 7~!' .: • /! ,51•pa - ~ ; ._ -. 529`•' ~; ~ try I ,~ _ ~ 2~3~ ~ ° ~ ~`! ~~% T _ 566 p5" -. 2 f ~ nn _ I- 4 ~ r N I ~ ~ • ~ ~ ~~ r ' '7 ~'` , ~ ` ~' .,1 ;, C~ In r Ci. !~ . & i . rOWFIRI INF ~ v ~~6, ~ ~ ~ ~ E AC. ~~- ~~ ~ PER r;KI 9.35, ~ p~ - ,~ R. % ~ :`• ~r~ i I . I v l : (,? GR^SS ACR(~°~, . a j ; ' ' . ~ ~ i ao . _ _ -- _ 14•, - L , . : ~ ~ ~ ''~ j ti Z '.~ ; I . ~ ~ ; - --- X ~ XIS1'G 8" --' j i A „- SFWE-R MAIN -- --- j - - -- -~ ~ --- f l ~j ~ ___.__f ---__ - -- I 55 1MDf- ACCESS f:AS~ "~_v" r0 ~E r'UE~~'{; IN GE'v:.,.r,, ~ I ; • n P R* 7 1 c R // ~ ' , I ! ~ ! ~i ~ •- _. I I Z 1 ' I ' I G aK. 5 F 0? . 9 . II ~ ~ ~ ~ ' ' ~ ~ i a ~ . lil il -`~ - -- - -- I ' I ~ LJ ~ i. ~ I il~ ~ I ~ v i ~ I ~ aN lr~ G~r ~ a, ~ ' fi ~ N ' ~: ;n ~,I~ ~j i o cn ° . i ~ l ~. I_. _ " ° ° S'REFT R\W 55 ' ~ ~ ~ 5 ~' /.9? :'~"SS ACRES ~ PER 9K 6`;' ~, F ? - G. 6fi ~ ., -----t ' ~ , Q rn~ I I ~ ~ -{~. _ -== VIA ~InRANJA O "'" r , I .~-- -- t Xi,~ i'C 6" SEWf.R ~, I ~E wl IZ ~n!tv I - I n(?~ '' `SS I-nSI cif Nr i ~ .~ I 1 ~ N q`'~`.~•~;0" 18.26' „ ' ' " - ~ ~ " `~- i I i t 4 _ _ ~ ~ ~ 1 I - . -~ x;4 ?9 N 89 o ~ ,A, ;;5-= ~- --..--- __ .. - -- ---_._ .._ . - ~ .I .. ~ ,. N ;.~•;y~5a" W + =?x.87' x ~.... ~, 1 ~~ ,,.. I = M N -- -- ,yY.~ ~? iV1n' Y I r. l _. I SUi; TNf n~' CQR SF `' .t4 t0 ?9/?6, K r ; MnRK~ ~~ ~ OR -~, I, ~ ~ Si C CGS. ~f l•? F'.M ~A9t}. I ~ b BLED IN THE oFFTCE of THE qTY CLERK THIS OAY ~ 1 ~, OF . 19_ BAKERSFIELD, CwFORNIA FllID FOR RECORD THIS DAY OF 19_, AT _,M., Md 800K OF ASSESSMENT DISTRICTS AT PAGE IN THE OFFlCE OF THE COUNTY RECORDER OF THE COUNTY OF KERN, STATE OF CALIFORNIA. AN ASSESSMENT 'MAS LEVIED BY THE dTY COUNCIL OE THE LOTS, PECES ANO PARCELS OF LAND SHOWN ON THIS A55~MENT DIAGRAM. SAID ASSESSMENT WAS LEV~D ON THE DAY OF . 19_; SAID ASSESSMENT DIAGRAM AND THE ASSESSMENT ROLL WERE RECORDED IN THE-OFf3de OF THE DEPARTMENT OF PUBLIC WORKS OF SAID dTY ON THE DAY OF . 19,E REFT3iENd: IS MADE TO THE ASSESSMENT ROLL RECORDED ~ THE OFFICE OF THE DEPARTMENT OF PU9UC WORKS F'QR THE E%ACT AMOUNT OF EACH ASSESSMENT LEVIED AGAINST EAdi PARCEL OF LAND SHOWN ON THIS ALIT dAGRAM. W l f V{.F.IV- K IrIL Vl I t Vf aAKERSFlE>.c, cwFORwaA COUNTY ASSESSOR-RECORDER BY CHEF' DEPUTY RECORDER RECORDED N THE OFFlCE OF THE DEPARTMENT OF PUBLIC MIORKS THIS DAY OF . 19., BAKERSF~LD, CwFORNIA EXHIBR ' B' FIIE• 1~9AJC•i~; SHEf ~ t c' ' . - MAINTENANCE DISTRICT 1-1Q INTERIM} CITY OF BAKERSFIELD BENEFIT FORMULA Each parcel in the Street Landscaping Zone of Benefit shall be assessed the amount as defined in {1} 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} for the parcel, and; Multiplied by {t): The factor for the tier level, which equals the tier number, and; Divided by {b): The total number of EDU's in the district. tl) = Sxaxt b Note: Undeveloped residential and commercial parcels shall be charged far one-half the number of EDU's for that parcel. Undeveloped industrial parcels shall be charged for one-fourth the number of EDU's for that parcel. EXHIBIT "C" Page 1 of Z EQUIVALENT DWELLING UNIT (EDU~ CHART Equivalent Dwelling Units (EDU's) shall be calculated by use or potential use per zoning as follows: USE EDU REDS Agricultural Zone 1.0 Per parcel Single Family (Detached} 1.0 Per parcel Dwelling Unit, less than 5 acres Undeveloped R-1 zoned 4/acre Rounded down to the 5-acres or more. nearest whole number. Undeveloped R-1 zoned, 1/acre Rounded down to the less than 5 acres. . nearest whole number. Multi-Family (Attached} 0.71/unit Number of units shall Dwelling Unit R-2, R-3 equal the acreage multiplied by 12 rounded down to the nearest whole number. Undeveloped R-2, R-3 0.71/unit See above - Non Residential 6/acre Rounded to nearest .O1 Mobile Homes in parks. 0.71/unit (Rent Space} Mobile Homes in 1.00/unit subdivisions (owner) Mixed Use Each calculated per the above. U:]OHNIMAIl~iDISTIFORMUI,AIMD1-10 EXHIBIT "C" Page Z of 2 EXHIBIT 'D' MAINTENANCE DISTRICT NO. 1-10 (INTERIM) SAID ASSESSMENT IS MADE IN ACCORDANCE WITH THE BENEFIT FORMULA ATTACHED HERETO. 1995 - 199fi. BUDGET Gross Budget Amount Required $0.00 (City Staff Services or Contract, Supplies, Materials, Utilities, and Overhead Costs) Estimated Beginning Fund Balance / (Deficit) $0.00 Less: City Contribution $0.00 NET AMOUNT TO BE ASSESSED $0.00 EXHIBIT "D" a ~ , EXHIBIT "E" ASSESSMENT ROLL MAINTENANCE DISTRICT N0.1-10 (INTERIM) FISCAL YEAR 1995 - 1996 Assessment Parcel No, as shown on Map Total Exhibit "B" Assessment 408-020-17-00-8 $0.00 408-020-27-00-7 $0.00 Total $0,00 Date; City Clerk and Ex Offrcio Clerk of the Council of the City of Bakersfield EXHIBIT "E" Page 1 17GkE41f ~ G/ \ EQL ~1tQ~E ~ZOU~2~ JYlC. 5401 Business Park South, Suite 210 Bakersfield, CA 93309 (805) 322-6381 ~ FAX (805} 322-2941 March 08, 1995 CITY OF BAKERSFIELD Public Works Department 1501 Truxtun Avenue Bakersfield, CA 93301 Attention: Raul M. Rojas Public Works Director Subject: City of Bakersfield Maintenance District No. 1 Division 10 Dear Mr. Rojas: I am in receipt of the Notice of Decision and Findings dated August 24, 1994, from the City of Bakersfield Public Works Department regarding the above referenced Maintenance District, the formation of which. is a .condition of approval for Parcel Map Waiver 19-94. I understand that I have a right to file a protest at a hearing to be held at a time and place to be set by the resolution establishing the Maintenance District. I am also in recei t of the Covenant Disclosing Inclusion in a Maintenance District, which includes the P maximum maintenance assessment for the property within Parcel Map Waiver 19-94. I do not intend to protest the formation of the district, the boundaries of the district, the fairness of the benefit formula, or the amount of the assessment on any parcel of property to be assessed. Sy my si~ndturr un this lef cer, Bakers; ~riu :mil Es~aie Croup iirreby waives the right to the ublic hearin and the protest hearing required by Chapter 18.04 of the Bakersfield P g Municipal Code and the Brown Act. fiery yours truly, BAKERSFIELD REAL ESTATE GROUP m T. Murphy President ATM : do ~uesta Engineering 5055 California Avenue, Suite 218 Bakersfield, CA 93309 (805} 324.5500 FAX (805} 324.5247 October 24,1994 City of Bakersfield Attn: Magian Shaw 1501 Truxtun Avenue Bakersfield, CA 93301 Re: Parcel Map Waiver 19-94 Dear Marian, On behalf of my client, West Kern Corporation, I hereby request formation of a Maintenance District for said Parcel Map Waiver. Please start these procedures immediately as we want to record as soon as possible and this procedure is a condition of approval. Thank you for your assistance in this matter. Sincerely, CUESTA ENGIl~TEERING ,. Maurice J. echury, Jr. C' 'Engineer -R.C.E. 3~~fi09 MJEIjc B:~REQUEST.644 Recording requested by and when recorded mail to: City of Bakersfield City Clerk's Office 1501 Truxtun Avenue Bakersfield, CA 93301 THIS SPACE FOR RECORDER'S USE ONLY Parcel Map Waiver No. 1919 94 Parcels 1 throw h 3 COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT THIS COVENANT is executed on this day of ,199 , by (hereinafter, "Owner"), in connection with Interim Maintenance District 1-10, located in the City of Bakersfield, California. ~ ) The real roe herein described is located within Tier 1 of (Interim) Maintenance District pP~y 1-10 and ma be assessed for maintenance of public landscaping on public rights-of-way within the Y district. Althou this roperty may have been assessed a lesser amount in the. present tax year, the ~ p ultimate estimated annual assessment for maintenance of public landscaping v~nthin this tier, based on full buildout of this district, is $100.00 per single family dwelling, based on 1994 dollars and labor costs of the district. It is understood that it is the intent of the Public Works Department that said Maintenance ' trict No. 1-10 be mer ed with the Consolidated Maintenance District Beginning July 1,1996. Dis g It is anticipated that merging of Maintenance District No.1-10 with the Consolidated Maintenance District will not affect the amount of ultimate estimated annual assessment referenced above. This covenant ma not be amended or modified without the prior approval of the City of Y Bakersfield. This covenant shall run with the land. Property description: Dated this _ day of ,199_. Owner(s)/Developer(s): City of Bakersfield: Raul M. Rojas Public Works Director NOTE: All owner(s)ldeveloper(s) signatures must be notarized. PW has P:u~~.~- . ~ MAINTENANCE DISTRICT N0. 1 DIVISION 10 ~~ LEGAL DESCRIPTION A PARCEL OF LAND SITUATED TN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, BEING A PORTION OF SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 29 SOUTH, RANGE 26 EAST, M.D.B. & M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at the southeast corner of said section 34 thence North 00°23'13" East, along the East line of said Section 34, a distance of 6 61.7 3 feet, to the True Point of Beginning. THENCE (1) N. 89°29'54" W., a distance of 1324.87 feet; THENCE (2) N. 00°25'04" E., a distance of 875.07 feet to the beginning of a nontangent curve concave to the southeast having a radius of 5295.17 feet, which radius point bears S. 16°52'36" E.; THENCE (3) Northeasterly along said curve through a central angle of 06°07'31" an arc length of 566.08 feet; THENCE (4) S. 86°56'04" E., a distance of 676.74 feet; THENCE (5) S. 04°09'44" E., a distance of 324.06 feet;. THENCE (6) S~. 89°30'00" E., a distance of 74.17 feet to a point on the East line of said section 34; THENCE ( 7 ) S. 00°23' 13" W. , along said East line a distance of 661.72 feet to the True Point of Beginning. U:JONN\MAINDIST\LEGALS\LEGL1-10 EXH I B I T A MAP AND ASSESSMENT DIAGRAM FOR MAINTENANCE DISTRICT N0.1-10 _ ~ E",/4 CDR. sEC. 34 29/26 3 CONC. FILLED IRON PIPE & (INTERIM) CL JOHNSON ROAD ~ ~ ~~ NAIL PER P.M. 4495. .1. 1 _~J ~~ I.J ~ I. ~...I I.J .1_-/ ~ V ~ ~1 ~ ~ V J~~ i ~! ~ I i I II i~ III II 30' WIDE COUNTY OF KERN I I PUBLIC HIGHWAY EASEMENT PER BK 1077, PG. 445, O.R. 30' WIDE ACCESS EASEMENT ( ( NORTH TO THE PUBLIC IN GENERAL I SCALE: 1 "=200' PER BK. 5791, PG. 1026, O.R. I I ~I I p ~~ . _g, ~ ~ --- ~ z ---- I ~~ EW PY v ( o m ER FRE I ~ o CCRN RSV III z ~, O K` 30 ACCESS EASEMENT W _ Rip pSE PER VOL. 52, PG. 138 M .R. I Q: m p ER BK 50 , G 59, 0 I J„ v ~~ N 86'56'04" W 676.74' ~. I I i l 151.04 525.0 I R~ g295.1~ ,~ ~ ,°~ ( z III I w 283.3 ', o~~ ~ _ _ ° I I ~ ~,~ /1f~C;f.l... ~ ~~ I I t o ~\?~' ~ CL P.G. do E. TO ,LINE ~' 13.02 GROSS ACRES °° ~ I ~ 9p ~b ~ rn ; I I ~~~ EASEMENT PER BK. 935, o N ~ I I ~ n ~ PG. 299, O.R. ,~ ; I o °D ~ ~ N 89,30'00" W ` `I I w I I ---- -- - --------+------ 74.17 _ --~ z .° __ ~ ~ w (~ (8.16 GROSS ACRES I ~ I x Exlsrc s" ~ ~ "-SEWER MAIN ~ _ : _ __ ' ~ ( I ! - - - - .` I ~ 55' WIDE ACCESS EASEMENT ----- __------. --,--- --..1 -- TO THE PUBLIC iN GENERAL III ~ I PER BK. 5791 PG. 1026, O.R. I :II oc~ W W : T- ------- W „ N a I W~ I I ;~ r N I d. H~ U1 O I ~ '- I~ n• ri Q M n i C ~ '- N WNO ~ j ! ~~ / 1 f ~ C. l ~__ '° ` 0 55' STREET R\W • m ct0cl w ~ m N ° ~ i • 7.92 GROSS ACRES ~ ~ ~ ° PER BK. 6519, PG. 663 O.R. ~ : ~--- ~ ~ z col I ~ '~ z a ~I ~ I ~ EXIST'G 8" _ I -" VIA NARANJA MI ~ SEWER MAIN I I '~'- EXIST'G 6" SEWER I , I I ~ 40' ACCESS EASEMENT ' N 45'26'40" E I I I L1 N 89'Z9'54" W 550.00' y I L- ~--~ __~....- ~-- ..-..~.,-_ ... - - ---~-----------_..-_._.~_._--------- -~ W (_ _.L _..L._.._. _ .._.,_.._.. M ~~ N 89'29'54" W 1324.87' M DISTRICT BOUNDARY EXIST'G 12" ~ --~ ~' WATER MAIN °o 53' EAST ;~ II ~ z ~ f~ SOUTHEAST CDR. SEC. 34 ~ 29/26, K.C.S. MARKED FOR SEC. CDR. PER P.M. 4495. FlLED IN THE OFFlCE OF THE CITY CLERK THIS DAY OF .1995 . qTY CLERK OF THE qTY OF BAKERSFlELD, CALIFORNIA FILED FOR RECORD THIS DAY OF 1995 , AT ,_.M., IN BOOK OF ASSESSMENT DISTRICTS AT PAGE IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF KERN, STATE OF CALIFORNIA. AN ASSESSMENT WAS LEVIED BY THE CITY COUNGL ON THE LOTS, PIECES AND PARCELS OF LAND SHOWN ON THIS ASSESSMENT DIAGRAM. SAID ASSESSMENT WAS LEYIEO ON THE DAY OF .1995 ; SAID ASSESSMENT DIAGRAM AND THE ASSESSMENT ROLL WERE RECORDED IN THE OFFlCE OF THE DEPARTMENT OF PUBLIC WORKS OF SAID qTY ON THE OAY OF .1995. REFERENCE IS MADE TD THE ASSESSMENT ROLL RECORDED IN THE OFFICE OF THE DEPARTMENT OF PUBLIC WORKS FOR THE EXACT AMOUNT QF EACH ASSESSMENT LEVIED AGAINST EACH PARCEL OF LAND SHOWN ON THIS ASSESSMENT DIAGRAM. GALE S. ENSTAD COUNTY CLERK RECORDER BY CHIEF DEPUTY RECORDER RECORDED IN THE OFFICE OF THE DEPARTMENT OF PUBLIC WOfB(S THIS DAY OF - 1995 . aTY CLERK aF THE aTY OF BAKERSFIELD, CALIFORNIA DIRECTOR OF PUBLIC WORKS BAKERSFlELD, CALIFORNIA EXHIBIT ~B~ (IIF; 'O94JC~V S}'•Er? t rf MAINTENANCE DISTRICT 1, DIVISION 10 CITY OF BAKERSFIELD BENEFIT FORMULA Each parcel in the Street Landscaping Zone of~ 8enefit 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 8enefit 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 Duelling Units (EDU's) for the parcel, and; Multiplied by (t): The factor for the tier level, which equals the tier number, and; Divided by (b): The total number of EDU's in the district. (1) = Sxaxt b Note: Undeveloped residential .and commercial parcels shall be charged for one-half the number of EDU's for that parcel. Undeveloped industrial parcels shall be charged for one-fourth the number of EDU's for that parcel. (2) shall be the dollar amount budgeted for the maintenance and operation of the PARKS ~(P) within the district, adjusted for prior year fund balance or deficit; Multiplied by (a): The number of EDU's far the parcel, and; Divided by (b): The total number of EDU's in the district. (2} = Pxa b EXHIBIT "C" Page 1 of 2 EQUIVALENT DWELL*NG UNIT (EDU) CHART Equivalent Dwelling Units (EDU's) shall be calculated by use or potential use per zoning as follows: USE EDU REMARKS Agricultural Zone 1.0 Per parcel Single Family (Detached ) 1.0 Per parcel Dwelling Unit, less than 5 acres Undeveloped R-l zoned 4/acre Rounded down to the 5 acres or more. nearest whole number. Undeveloped R-1 zoned, 1/acre Rounded down to the less than 5 acres. nearest whole number. Multi-Family (Attached} 0.71/unit Number of uni ts shall Dwelling Unit R-2, R-3 egdual the acreage multiplied by 12 rounded down to the nearest whole number. Undeveloped R-2, R-3 Non Residential Mobile Homes in parks (Rent Space) Mobile Homes in subdivisions Owner) Mixed Use U:JOHNIMAINDISTIFORMULAIMDI-10 0.71/unit ~ See above 6/acre Rounded to nearest .O1 0.71/unit 1.00/unit Each calculated per the above. EXHIBIT "C" gage 2 of 2 EXHIBIT 'D' MAINTENANCE DISTRICT N0.1 DIVISION 10 SAID ASSESSMENT IS MADE IN ACCORDANCE WITH THE BENEFIT FORMULA ATTACHED HERETO. 1994 - 1995 BUDGET Gross Budget Amount Required $0.00 (City Staff Services or Contract, Supplies, Materials, Utilities, and Overhead Costs) Estimated Beginning .Fund Balance / (Deficit) $0.00 Less: City Contribution $0.00 NET AMOUNT TO BE ASSESSED $0.00 EXHIBIT"D" . EXHIBIT "E" ASSESSMENT ROLL MAINTENANCE DISTRICT N~.1 DIVISION 14 FISCAL YEAR 1994 - 1995 Assessment Parcel No, as shown on Map Total Exhibit "B" Assessment 408 - 020 -17 -00 - 8 $0.00 408 - 020 - 27 - 00 - 7 $0.00 Total $0.00 Date: City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield EXHIBIT "E" Page 1 BAKE U ~ d ADMINISTRATIVE REPORT c`~LI p1~1 MEETING DATE: June 28,1995 AGENDA SECTION: Consent Calendar ITEM N0: T0: Honorable Mayor and City Council FROM: Raul M. Rojas, Public works Director DATE: June 16, 1995 APPROVED CITY MANAGER SUBJECT: Resolution establishing Maintenance District No. 1-10 (Interim), confirming the assessment and authorizing collection of assessments by the Kern County Tax Collector (Renfro/Texas Rose). (ward 4) RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: A written request has been received by the City Engineer from the subdivider of Parcel Map Waiver No.19-94 to f orm a .maintenance district or to be included into an existing maintenance district as condition of approval f or the parcel map waiver. This district will rovide p f or the maintenance of public street landscaping. Staf f recommends the f ormation of Maintenance District No.1-10, (Renfro/Texas Rose) generally bounded by the Kern River Freeway Alignment on the north, Renfro Road on the east, a line parallel to and 1/8 mile north of Stockdale Hi hwa g Y on the south and a line parallel to and 1/4 mile west of Renfro Road on the west. The City Council approved the Consolidated Maintenance District on June 29, 1994. The City's procedure is that all new districts formed during the. fiscal ear will be interim districts and .all Y interim districts will be merged into the Consolidated Maintenance District at the end of each fiscal year. Since we are near the end of the 1994-95 fiscal year and no assessments are to be levied in this-district for thee 1995=96 fiscal year the intent is to merge_-this district into the Consolidated Maintenance District at the end of the 1995-96 fiscal year. This district will be under the street .and median zone of benefit and assessed an amount for "Tier 1". The City of Bakersfield has received a letter from the owner of the property described in parcel Map waiver No. 19-94 which waives all rights to a ublic hearin and to a rotest hearin as p g p g required by the Brown Act and Chapter 13.04 of the Bakersfield Municipal Code. This allows the City to expedite the f ormation of the district, to satis the subdivision re uirement. fY q In order to provide future property owners with disclosure regarding the proposed maintenance district and the estimated maximum annual costs per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider/developer to be recorded with each subdivision. A copy of this covenant is attached f or reference. P:~adminlmdl-10.est jas DEPARTMENT HEAD CITY ATTORNEY June 16,1995, 7:39am NOTICE OF EXEMPTION T0: County Clerk COUNTY OFw 1415 Truxtun Avenue Bakersfield, CA 93301 Appendix I Project Title: Maintenan~g District 1 Division 10 Map and Assessment Diagram. Project ..Location-Specific: ~e_ nerally b~ound~Y the Kern River Freeway Alignment on the nom, Renfro Road -on the east a line parallel to and 118 mile north of Stockdale ,Highway on the south . and a line parallel to and 1 l4 mile .west of Renfro Road on .the west. Project Location-City: Bakersfield Project Location-County: Kern Description of Project: Maintenance of public street and median landsc~pin; improvements. Name of Public Agency Approving Project: CITY OF BAKERSFIELD Name of Person or Agency Carrying Out Project: DEPARTMENT OF PUBLIC WORKS Exempt Status: (Check One) _ Ministerial (Sec. 21080 (b) (1); 15268 (a); _ Declared Emergency (Sec. 21080 (b) (4); 15269 (b) (c); _ Emergency Project (Sec. 21080 (b) (4); 15269 (b) (c); x Categorical Exemption. State type .and section number. Section 15305 _ Statutory Exemptions. State code number. Reasons why- project is exempt: Minor alteration in land use limitations -with formation of Maintenance District 107-86 Sec. III Lead Agency Contact Person:M~ri~n._ Shaw Area CodelTelephone/Extension:(805) 326-3579 If ~ filed by applicant: 1. Attach certified document of exemption finding. 2. Has a Notice of Exemption been filed by the public agency approving .the project? Yes x No \ g toe Date.._ ngineer IV-Design x S g by Lead Agency Date received for filing at OPR: x Signed by Applicant . EQUIVALENT DWELLING UNIT (EDU) CHART Equivalent Dwelling Units (EDU's) shall be calculated by use or potential use per zoning as follows:- USE EDU REMARKS Agricultural Zone 1.0 Per parcel Single Family (Detached) 1.0 Per parcel Dwelling Unit, less than 5 acres Undeveloped R-1 zoned 4/acre Rounded down to the 5 acres or more. nearest whole number. Undeveloped R-1 zoned, 1/acre Rounded down to the less than 5 acres. nearest whole number. Multi-Family .(Attached) 0.71/unit Number of units shall Dwelling Unit R-2, R-3 equal the acreage multiplied by 12 .rounded down to the nearest whole number. Undeveloped R-2, R-3 0.71/unit See above Non Residential 6/acre Rounded to nearest .O1 Mobile Homes in parks 0.71/unit (Rent Space} Mobile Homes in 1.00/unit subdivisions (Owner) Mixed Use Each calculated per the above. U:JOHNIMAINDISTIFORMULAIMDI-10 EXHIBIT "C" Page 2 of 2 MAP AND ASSESSMENT DIAGRAM FOR MAINTENANCE. DISTRICT N0.1-10 _ _ E"1/4 CDR. ~C. 34 29/26 INTERIM ` J 3 CONC. FILLED IRON PIPE ~ 1 ~ •\ NAIL PER P.M. 4495. CL JOHNSON ROAD I I I I II li III II 30' WIDE COUNTY OF KERN I I PUBLIC HIGHWAY EASEMENT PER BK 1077, PG. 445, O.R. I 30' WIDE ACCESS EASEMENT I I NORTH TO THE PUBLIC IN GENERAL I SCALE: 1 "=200' PER BK. 5791, PG. 1026, O.R. I I ~I I p °~a ----0~------ I ~~ EEW AY v I ° m I~ER FR I I ~ o KERN R 30' ACCESS EASEMENT I ~ Z ~ OPOSE~ PER VOL. 52, PG. 138 M.B. I ~ Q PR PER BK. 501, PG. 159, O.R. m I I Jv U N 86'56'04" W 676.74 ~• II ~•~ 151.04 525.0 I 06,0',31" ,o / i + , I ~ R 3 52g5.1~ ~ 1~ Z III I W \ s 283,31 ~ ..- 01 o i ~ \~ L ~' • ! i / \I~\~~ _!. 1.. ,per I I a \~• ~ '~yo\~-~ CL P.G. do E. TO LINE ~ 13.02 GROSS ACRES a°, ~ I ° •\\~y EASEMENT PER 8935, ~ ~ ;•1 I I I w ~ \ ~ PG. 299, O.R. ,°~ N ~ I o ao ~ I ~ N 89 30'00" W 1 ~I I l w ---- -- - ~------- 74.17 -~ ~ .~, ------ - - ~ z i. ~.. .i X ler 18.16 GR05S ACRES ~ I w EXIST'G 8" ~ I i SEWER- MAIN I -_ - ^__ I I • I ~ ~ - -- i 55' WIDE ACCESS EASEMENT !..__._...__ __: __,._. _.._____.I TO THE PUBLIC IN GENERAL ~ ~ I PER BK. 5791 PG. 1026, O.R. III m Z w ~- ...--...---' I O (9 W~ . r._ ~ w ( I I^ N d N~ I ~ m ~I I~: U m I I __ I ... ~ aM W N I I ~-~ 111 ~ ~ ~~ _.. ': m ~ 55' STREET R W ' m '~ M I ° w g alol ~ 7.92 GROSS ACRES ~ ° PER BK. 6519, PG. 663 O.R. I v ~ a ~I I z ~I i EXIST'G 8" `-' VIA NARANJA ~ ~ I I '' I SEWER MAIN ((~- EXIST'G 6" SEWER ~ 40' ACCESS EASE~4ENT ~ 28.66'40" E "III I ~1 I ~ LL--------~ _ __ ____ _ N 89'29'54" W..---'__-------__.___ - .. .. _ .. - _ ` . ~ .. - --__ :-----..._.___ _ 550 00' _~ - ~ • _.-..-_ ..._ ..._ ..._ .. e~ ~~ N 89'29'54" W 1324.87 ~ ;,~ EXIST'G 12" ~ WATER MAIN o 53' EAST ~ • ~ Z DISTRICT BOUNDARY n I SOUTHEAST CDR. SEC. 34 m 29/26, K.C.S. MARKED FOR I SEC. CDR. PER P.M. 4495. FILED IN THE OFFCE OF THE CITY CLERK THIS DAY ~ ~j OF .1995 . pTY CLERK OF THE pTY OF BAKERSFlELD, CALIFORNIA FlLED FOR RECORD THIS OAY OF 1995 , AT _,M., IN BOOK OF ASSESSMENT DISTRICTS AT PAGE IN THE OFFCE OF THE COUNTY RECORDER OF THE COUNTY OF KERN, STATE OF CALIFORNIA. AN ASSESSMENT WAS LEVIED BY THE CITY COUNCIL ON THE LOTS, PIECES ANO PARCELS OF LAND SHOWN ON THIS ASSESSMENT DIAGRAM. SAID ASSESSMENT WAS LEVIED ON THE DAY OF .1995 ; SAID ASSESSMENT DIAGRAM ANO THE ASSESSMENT ROLL WERE RECORDED IN THE OFFCE OF THE DEPARTMENT OF PUBLIC WORKS OF SAID dTY ON THE DAY OF .1995. REFERENCE IS MADE TO THE ASSESSMENT ROLL RECORDED IN THE OFFICE OF THE DEPARTMENT OF PU9LIC WORKS FOR THE EXACT AMOUNT OF EACH ASSESSMENT LEVIED AGAINST EACH PARCEL OF LAND SHOWN ON THIS ASSESSMENT DIAGRAM. dTY CLERK OF THE CITY OF BAKERSFIELD, CALIFORNIA COUNTY CLERK RECORDER BY CHIEF DEPUTY RECORDER RECORDED IN THE OFFICE OF THE DEPARTMENT OF PUBLIC WORKS THIS DAY OF .1995 . DIRECTOR OF PUBLIC WORKS BAKERSFlELD, CALIFORNIA EXHIBIT ~B~ :: NOTICE OF EXEMPTION ~ A endix I PP T0: County Clerk COUNTY of KERN 1415 Truxtun Avenue Bakersfield, CA 93301 Project Title: M' n n n Din 1 Dive i" ~~ -,: n A ~ f~ n Di r m ~~ . a ~ ~~t ~~ ~k .. Project Location-S ecific: r 1 n nth °~~ ~~ ~ ~'~tiw ~ r ~ r w Ali nmen ~ ~.~ Y on the south and a lin e parallel to and ll4 mile west of Renfro Road on the west. _ _, Project Location-City: Bakersfield Project -Location-County: Kern Description of Project: _ Maintenance of public .street and median landscaping im r vements. Name of Public Agency Approving Project:.CITY OF BAKERSFIELD Name of Person. or Agency Carrying Out Project: DEPARTMENT OF PUBLIC WORKS Exempt Status: (Check One) _ Ministerial (Sec. 21080 (b) (1); 152b8 (a); _ Declared Emergency {Seca 21080 (~b) (4); 15269 (b) (c); _ Emergency Project (Sec. 21080 (b) (4); 15269 (b) (c); x Categorical Exemption.. State type and section number. Section 15305 .~ Statutory Exemptions. State code number. Reasons why project is exempt: Minor alteration in land use limitations wi,_. th farmat,_ ion of ~Mairitenan~e District 107-86 Sec. III Lead .Agency . Contact Person:Manan thaw Area CodelTelephonelExtension:(805) 326-3579 If filed by applicant: f 1. Attach certified document of exemption finding. 2. Has a Notice of Exemption been filed by the public agency approving the project? Yes x No S1 nature. ~, ~ f Date. g ..~ ngineer IV-Design x S g d by Lead Agency Date received for filing at OPR: x Signed by Applicant ~ . ~~., ~~ ~~~ 0 ~y~ th~~~~t~~, ~~~s~~nt ~~ ~~~~Q~ 1 ~~~1~ Pu~l~~ ~~~rc~~ Cie ~~~~ ee page i4 o~ BAKES .t y ~ s~ ADMINISTRATIVE REPORT c sl - gLlFO MEETING DATE: November 16, 1994 AGENDA SECTION: Consent Calendar ITEM N0: T0: Honorable Mayor and City Council APPROVED FROM: Raul. M. Rojas, Public Works Director DEPARTMENT HEAD DATE: October 28, 1994 CITY ATTORNEY CITY MANAGER SUBJECT: Resolution of Intention No. 1127 declarin the Ci 's intention to establish g tY Maintenance District No.1, Division 10, (Renfro/Texas Rose) preliminarily adoptin , . g .confirming and approving Public Works Director s Report. (Ward 4) RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: A written request has been received by the City Engineer from the subdivider of Parcel Map Waiver No. 19-94 to form a maintenance district or to be included into an existin ., g maintenance district as condition of approval for the parcel map waiver. This district will provide for the maintenance of public street landscaping. Staff recommends the formation of Maintenance District No. 1, Division 10, (Renfro/Texas Rose enerall bounded b the Kern River Freewa ~g Y Y Y Alignment on the north, Renfro Road on the east, a line parallel to and 1/8 mile north of Stockdale Highway on the south and a line parallel to and 1/4 mile west of Renfro Road ~on the west. This district will be under the street and median zone of benefit and assessed an amount for "Tier 1". The City Council, approved the Consolidated Maintenance District on July 29, 1994. The Ci 's . tY procedure is that all. new districts f ormed during the f fiscal ,year will be temporary districts and all temporary districts will be merged into the Consolidated Maintenance District at the end of each fiscal year. The City of Bakersfield has received a letter from the owner of the proper described in arcel . tY p Map Waiver No. 19-94 which waives all rights to a public hearing and to a rotest hearin as p g required by the Brown Act and Chapter 13.04 of the Bakersfield Municipal Code. This allows the City to expedite the formation of the district, to satisfy the subdivision requirement. In order to provide future homeowners with disclosure re ardin the ro osed maintenance district g g P p and the estimated maximum annual costs per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider/develo er to be recorded with each tract. A co of p py this covenant is attached for reference. P:ladminl~dl-10.ROI October 28,1994, 8:47am RESOLUTION OF INTENTION H0. 1127 A RESOLUTION DEWING INTENTION TO ESTABLISH MAINTENANCE DISTRICT N0. 1, DIVISION 10, -' (RENFRO, TEXAS ROSE) PRELIMINARILY ADOPTING, CONFIRMING AHD APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT; SETTING THE BOUNDARIES OF THE PROPOSED DISTRICT; THE FAIRNESS. OF THE BENEFIT FORMULA;~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 therefor; and WHEREAS, the property owners have requested the City Council to establish a maintenance district in accordance with the procedures established therefor by Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield and the Public Works Director recommends such formation; and WHEREAS, it. is the intention of the City Council of the City of Bakersfield to order the establishment of a maintenance district, which district shall be designated Maintenance District No. 1, Division 10, generally .described in Exhibit "A" attached hereto, to maintain and operate the local improvements including public street landscaping Improvements; 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, containing, the following: ~a) a description of each parcel of property in the proposed maintenance district, attached hereto as Exhibit "A" and incorporated as though fully set forth; fib) the improvements to be maintained by this district specifically are various items included in Landscape Plans within. the boundaries as shown on Map and Assessment Diagram fo.r Maintenance District No. 1, Division 10, Exhibit "B," on file in the ~ offices of the City Clerk and Public Works Director , of the City. All such improvements will be constructed only after plans therefore have been filed with and approved by the City Engineer; -1- (c) the Benefit Formula set forth as Exhibit "C"; (d) a .Budget,. Exhibit "D," containing the matters specified in Section 13.04.130 of the Bakersfield Municipal Code; and (e) the amount of assessment to be levied against each parcel, attached hereto as Exhibit "E" and incorporated as though fully set forth; and WHEREAS, the City of Bakersfield has received a letter from the owner of the property described in Parcel Map Waiver No. ~-~ 19-94 which .waives all rights to a public hearing and to a~protest hearing as required by the Brown Act and Chapter 13.04 of the Bakersfield~Municipal Code. 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 district benefiting from said local improvements; that the expense of maintaining and operating said improvements is hereby made assessable upon said district; and that the exterior boundaries of said district are. hereby specified and described to be as shown on that certain map now on file in the Office of the City Clerk of the City of Bakersfield and in the Office of the Public Works Director, marked Exhibit "B", attached hereto and incorporated in this resolution as though fully set forth herein, entitled "Map and Assessment Diagram for Maintenance District No. 1, Division 10, ------f Bakersfield, California, for Fiscal Year 1994-95," which map indicates by a boundary line the extent of the territory included in said proposed district and shall .govern for all details as to the extent of the maintenance district. -2- I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by -the Council of the City of Bakersf field at a regular meeting thereof held on , by the following vote: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED BOB PRICE MAYOR of the City of Bakersfield APPROVED as to form: JUDY K. SKOUSEN CITY ATTORNEY of the -City of Bakersfield JAS~mps P: MAINDIST~ROI~M: 10 2794 Attachments Exhibit Exhibit Exhibit Exhibit Exhibit D1-lOES.ROI ~~ A ~~ ~~ B ~~ ~~ C ~~ ~~ D ~~ ~~ E ~~ -3- City of Bakersfield PUBLIC WORKS DIRECTOR'S REPORT MAIHTENAHCE DISTRICT N0. 1, DIVISION 10. Fiscal Year 1994-1995 WHEREAS, on WEDNESDAY, NOVEMBER 16, 1994, the Council of the City of Bakersfield adopted its Resolution of Intention No. 1127 to order the establishment of a maintenance district pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, and ref erred said proposal to the Public Works Director, directing him to make and file a Report; and WHEREAS, the Public Works Director filed with the City Clerk of the Council his report, in writing, which Report is as follows: Public Works Director's Report City of Bakersfield, Maintenance District No. 1, Division 10, is generally described as a district bounded by the Kern River Freeway Alignment on the north,,-Renfro Road on the east, a line parallel to and 1/8 of a mile north of Stockdale Highway on the south .and a line parallel to and 1/4 mile west of Renfro Road on the west and. as specifically shown on Map and Assessment Diagram marked Exhibit "B," attached hereto and incorporated herein by reference as though fully set forth, as a district 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 division for the cost of maintaining a public park, public ,street median and other .public street landscaping improvements. The improvements generally include, but are not limited to, plant forms, drainage facilities, irri ation g system pipes, conduits, water mains and/or sprinkler systems, rest rooms, drinking fountains, barbecues and storage buildings,. plumbing and fixtures therefore, recreation equipment, including swings, slides, play structures, etc., and picnic facilities, Including trash cans, fountains, benches and sidewalks, walkways, parking areas and ornamental planting, including shrubs, ground covers and trees now existing or hereafter to be constructed or planted in and for said maintenance district 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. ` -1- For many years, public parks, public street median and other public street landscaping improvements in the City were maintained through traditional tax revenues. After Proposition 13, in 1978, funds available for maintenance and operation of parks, street median and otherstreet landscaping improvements were substantially reduced. At present, the City's budget does not allow for maintenance and operation of street landsca in p g improvements of the type described above. Thus, absent 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 im rovements to be constructed . p within the City. The funds generated as the result of .this. division will be utilized strictly for the purposes of and applied to the maintenance and upkeep of a park, street median and other street landscaping improvements within this division of the district. Maintenance District No. 1, Division 10 has been specifically designated to address maintenance of ublic ark p p public street median and other street landscapin ,thus all arcels g p within the district are affected. Maintenance District No. 1, Division 10, is designated for single family homes and non-residential development. Because of the natural boundaries of the. division, the area within the division receives the greatest benefit from the improvements and maintenance thereof. Sensory benefits from installin street g landscaping are aesthetic enhancement and open space enjoyment. These benefits will accrue to all the parcels or lot owners within the proposed Maintenance District No. 1, Division 10. The benefits of public street landscaping will inure to the lots or parcels uniformly, and will be assessed on an Equivalent Dwelling Unit basis throughout the division. The Benefit Formula. set forth herein as Exhibit "C" and attached hereto and incorporated in this resolution as though fully. set forth herein. It is estimated that the maximum cost per Equivalent Dwelling Unit will be $100.00. This estimate is based on full build out of the benefit area of this maintenance district at existin zonin usin g g~ ~ g 1994 dollars and 1994 Parks Department maintenance and overhead costs. The City Council approved the. Consolidated Maintenance District on July 29, 1994. Forming Maintenance District No. 1, Division 10 as a temporary district will allow the City to annually merge . temporary districts into the Consolidated Maintenance District each fiscal year. ~~ i a ~°''" /// 1 ~'~! ~J II~~ 1' r / 1~ G ~n.. '~ \~,*~ 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 1994-95 Budget and Assessment Roll as .set forth in Exhibit "D" and Exhibit "E," respectively, attached hereto and incor orated P herein as though fully set forth, upon all parcels of property w~lthin the Maintenance District No. 1, Division 10, subject to be assessed to pay the cost of maintenance and, operation in said district.. Dated: RAUL M. ROJAS Director of Public Works City of Bakersfield -3- MAINTENANCE DISTRICT N0. 1 DIVISION 10 LEGAL DESCRIPTION A PARCEL OF LAND SITUATED IN THE CITY OF BAKERSFIELD,~ COUNTY OF KERN, STATE OF CALIFORNIA, BEING A PORTION OF SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 29 SOUTH, RANGE 26 EAST, M.D.B. & M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at the southeast corner of said section 34 thence North 00°23'13" East, along .the East line of said Section 34, a distance of 661.13 feet, to the True Point of Beginning. THENCE (1) N. 89°29'54" W., a distance of 1324.87 feet; THENCE (2) N. 00°25'04" E., a distance of 875.07 feet to the beginning of a nontangent curve concave to the .southeast having a radius of 5295.17 feet, which radius point bears S. 16°52'36" E.; THENCE (3) Northeasterly along said curve through a central angle of 06°07'31" an arc length of 566.08 feet; THENCE. (4) S. 86°56'04" E., a distance of 676.74 feet; THENCE (5) S. 04°09'44" E,, a distance of 324.06 feet; THENCE ~(6) S. 89°30'00" E.,,a distance of 74.17 feet to a point on the East line of said section 34; THENCE ( 7 ) S. 00°23' 13" W. , along said East line a distance of 661.72 feet to the True Point of Beginning. U:JOHN\MAINDIST\LEGALS\LEGL1-10 EXH I B I T A MAINTENANCE DISTRICT 1, DIVISION 10 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: i (1) shall equal the dollar amount budgeted for the maintenance and operation. of the STREET LANDSCAPING S within t . ( ) he district, adjusted for prior year fund balance or deficit• Multiplied by (a): The number of Equivalent Dwellin Units EDU's ~ g ( ) for the parce 1, and, Multiplied by (t): The factor for the tier level, which equals the tier number, and;. Divided by (b): The total number of EDU's in the district. (1) = Sxaxt b Note: Undeveloped residential and commercial parcels shall be charged for one-half the number of EDU's for that arcel. Undevelo ed industrial arcels p p p shall be charged for one-fourth the number of EDU's for that parcel. (2) shall be the dollar amount budgeted for the maintenance and operation of the PARKS ~(P) within the district, adjusted for prior year fund balance or deficit; Multiplied by (a): The number of EDU's for th • e parcel, and, Divided by (b): The total number of EDU's in the district. (2) - Pxa b EXHIBIT "C" Page 1 of 2 EQUIVALENT DWELLING UHIT (EDU) CHART Equivalent Dwelling Units (EDU's) shall be calculated by use or potential use per zoning as follows: USE EDU REDS Agricultural Zone 1.0 Per parcel Single Family (Detached) 1.0 Per arcel P Dwelling Unit, less than 5 acres Undeveloped R-1 zoned 4/acre Rounded down to the 5 acres or more.- nearest whole number. Undeveloped R-1 zoned, 1/acre Rounded down to the less than 5 acres. nearest whole number. Multi-Family (Attached) 0.71/unit Number of units shall Dwelling Unit R-2, R-3 equal the acreage multiplied by 12 rounded down to the . nearest whole number. Undeveloped R-2, R-3 0.71/unit ~See~above Non Residential 6/acre Rounded to nearest .O1 Mobile Homes in parks 0.71 unit (Rent Space) Mobile Homes in 1.00/unit subdivisions (Owner) Mixed Use Each calculated er P the above. U:JOHNII~IAINDISTIFOR~IULAIMDI-10 EXHIBIT "C" Page 2 of 2 EXHIBIT 'D' MAINTENANCE DISTRICT N0.1 DIVISION 10 SAID ASSESSMENT IS MADE IN ACCORDANCE WITH THE BENEFIT FORMULA ATTACHED HERETO. 1994 - ,1995 Gross Budget Amount Required (City Staff Services or Contract, Supplies, Materials, U~lities, " and Overhead Costs) ~" Estimated Beginning Fund Balance / (Deficit) Less: City Contribution NET AMOUNT TO BE ASSESSED $o.oo $o.oo ~o.oo $o.oo ~ EXHIBIT "D" EXHIBIT "E" ASSESSMENT ROLL MAINTENANCE DISTRICT N0.1 DIVISION 10 FI SCAL YEAR 1994 - 1995 Assessment Parcel No. as shown on Map Total Exhibit "B" Assessment 408-020-17-00-8 $0.00 408-020-27-00-7 $0.00 Total $0.00 Date: City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield EXHIBIT "E" Page 1 ~uesta Engineering 5055 California Avenue, Suite 218 Bakersfield, CA 93309 • X805) 324.5500 FAX (805) 324-5247 October 24, 1994 City of Bakersfield Attn: Marian Shaw 1501 Trugtun Avenue Bakersfield, CA 93301 R,e: Parcel Map Waiver 19-94 Dear Marisi~, On behalf of my client, West Kern Corporation, I hereby request formation of a Maintenance District for said Parcel Map Waiver. Please start these procedures immediately as we want to record as soon as possible and this procedure is a condition of approval. Thank you for your assistance in this matter. Sincerely, CUESTA ENGINEERING T `~ Maurice J. echury, Jr. Civil Engineer - R»C.E. 34609 MJEIjc B:\REQUEST.644 Recording. requested by and when recorded mail to: City of Bakersfield City Clerk's Office 1501 Truxtun Avenue Bakersfield, California 93301 Parcel Map Waiver No. 19-94, Parcels 1 through 3 COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT THIS COVENANT is executed on this day of , 199_, by (hereinafter, "Owner"), in connection with Maintenance District No. 1, Division 10, located in the city of Bakersfield, California. The ~ real property described- above is located within Maintenance District No. 1, Division 10, and will be assessed for maintenance of public landscaping and park improvements on public rights-of way within the district. Although this property may have been assessed a lesser amount in the present tax year, the ultimate estimated annual assessment for maintenance of public landscaping and park improvements within this division; based on full buildout of this division, is $100.00; per single family dwelling, based on 1994 dollars and labor costs of the division. It is understood that it is the intent of the Public Works Department. that said Maintenance District No. 1, Division 10 be merged with the .Consolidated Maintenance District beginning July 1,199_. It is anticipated that the said merging of said Maintenance District No. 1, Division 10 with the Consolidated Maintenance District will not affect the amount of ultimate estimated annual assessment referenced above. This covenant may not be amended or modified without the prior approval of the City of Bakersfield. This covenant shall run with the land. Property description: Dated this day of ,199_. Owner(s)IDeveloper(s): City of Bakersfield: By: Public Works Director NOTE: Developer's~Owner's signatures must be notarized. PW-JAS P:lcovenant~l-load MEMORANDUM Date: I~'=~~~ ~`~ Tp; City Attorney's Office ~. .~ ~ ~ .(r r Attn. _- ~ ~ ,~ .ROM : ~~ C t ~' ~~ ~ ~ ~ '~C~-~-{-J SUBJECT: DOCUMENT REVIEW REQUEST ~ ease review the attached draft docurnent~ (and any exhibits) . _1 needed: ~ Council meeting date: ,~, Date Phone : ~~~ ~~~ Our Contact person(s) . ~ ~~~ ~ ~' tame(s) of parties in document and +egal status partnership, individual): ~e.g., corporation, ~~, ur ose of this document : ~~ - ~ ~-~~'-fi ~ ~ ~ ~ f ~ `~ ~ ~1 ~ ~.ntended p p r ~~ ~, Potential problems: concernin the background of the party with whom Special facts, if any, g City is to contract are: ter ou review the document, please return it to us. We will make the Af Y uss them. Thereafter, we will changes you suggest or call you to disc ~ •ou the "final" version of the document together with ..he send ~ We will also send ou the attacnea Administrative Report cif necessary). Y copy with your notes and comments. JD,~Omeg K-/K•~eview.Frm 2/18094 . ~3sti ~ >-Z > Z i 0 c~ Q .~ a a n. a w ~ z f= =1 ~ ~a a Z ~. ~ Z Q ~a ~ ~ a ~ ~ Z 1 ~ t~ b ~W U i ~ ~ } v i >- I ~ ....: 1 t _~ W Q , Z F- W W r Q r ~ W J ~ ~ ~ U W~ U ~ ~- c~ Z a: GC. Q r ~ W ° o ~ ~ ° a a ~ . v c ~ 0 N q r" ~~ ~r ~~ ~~ ~~ ~~ ~~ r r ~~ . ..~ .r .~~ ~~ ~~ ~ti ~ r r ~'~ // ~ I I l f ( i i ~ i 1 1 ' ~ i i I ' y ~ ~ 1 ~ ~ i ~ ~ ~ i i ' ~.y-.'1 ~ ~ ~- -~ ~ ~ i ~ i ~ ~ ~'1 i ~ ~ ~ c II . 1 •~ ,~ j ;~ I t ~ ' '~ ~ I ~; ~ _ ~ ~ ~ I ~ ~1uY~ ~ Y~il ~ ~~~ ~ i~r~ ~ i11~~~ III i1~A 1 ~~~~~ 1 • „' 1 I ~~ I i ~ i ~ ~~ ~ `3 ~ ,~ ~. ~ ~ ~ ~ ~ N ~ 4 ~ ~ ,~ ~ I i I~ I ~i I i { C ~ A ~ r ' 0 V - ~ ~ J ~ ~ V ti - o ~ I - , I I ' i • I 0~ I! ' ~ r ~ ~ w T ~ ~ ~ a ~ ~ ~ ~ ~ C I ~ ~ .. I ' 1 1 ~ ~ ~ i ~ i~ ~ t~ f '~ ~ I i 1 ~ ~ '~ I~ ~ i I' I~ ~ i I i I l 1 ~ ~ ~ ^Z ~ ~ .~ I I ~ I '~ I' I ~~ ,i S I I i I I i I ,~ 1 '~ l '~ I ~i i ~ ~~ ~ I ~ ~ I _ ~ + I ~ 11 r ..r .r r ~ r w+r° r r ~.~ r.r.~iwrr rrw~r~ww~wwr~r r w r.... ...rwr.w.r r. ~..ww~rww.~w..~.~.~. r...r \ . . ... i ~- i ~. ~ . r~rr ~ ~~'T . awry ~ ~r~r~ . wrw . u+...~~ r r r~r~ . ~.~r~ .. r.~ ~~ r . .~.~~ ~ ~..~rr ...~~r~ ~ .. w . . r -...w. r w ~ ~ ~~'=L~ .r~...r.... ~. I ~~ ~~ rrr r w ~~ w ~r . ~.~ ~ I ~~ p ~ •ir ~ w ~~ ~~ ~~ .~ ~~ w ~~ w ~ wr ~~ ~~ ~~ ur .r~ ~~ ~~ w w r w w r r r R.,rr ^~t ENQ~ R C.E. ~'' .• .. ..'~~„ i h r.. 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 Tract No. 6012 Phase 1, Lots 1 through 3g COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT THIS COVENANT is executed on this day of , 200 , by Vista Finestra 1, a Limited Liabilit.~panX, (hereinafter, "Owner"), in connection with the Consolidated Maintenance District, located in the City of Bakersfield, California. The real property herein described is located within Street Tier 2 and park Tier 1 of the Consolidated Maintenance District, and maybe assessed on an ongoing, yearly basis for maintenance of public landscaping on public rights-of way within the district. Although this property may have been assessed a lesser amount in the present tax year, the ultimate estimated annual assessment for maintenance of public landscaping based on full buildout of this district, is $125.00 per single family dwelling, based on 2001 dollars and labor costs of the district. This covenant may not be amended or modified without the prior approval of the City of Bakersfield. This covenant shall run with the land. . Dated this day of , 200 Owner{s)/Developer(s): City of Bakersfield: Vista Finestra 1 a Limited Liability Company Jim Murphy, Partner Raul M. Rojas Public Works Director NOTE: All owner(s)/developer(s} signatures must be notarized. S:IPROJIMDICOVIST 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 Tract 6429, Ph=, Lots 1 through 31 COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT THIS COVENANT is executed on this day of Towers Homes, Inc., a California Corporation, (hereinafter, "Owner"), in connection Maintenance District, located in the City of Bakersfield, California. 200_, by with the Consolidated The real property herein described is located within the Consolidated Maintenance District and maybe 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 2004-2005 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): City of Bakersfield: Towers Homes, Inc., a California Limited Liability Company Matt Towers, President Raul M. Rojas, Public Works Director NOTE: All owner(s)/developer(s) signatures must be notarized. S:IPROJECTSIMAINDISTICOVENANT1New CovenantslCovenant.St.doc 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 Tract 6429, Ph=, Lots 1 through 30 COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT THIS COVENANT is executed on this day of Towery Homes, Inc., a California Corporation, (hereinafter, "Owner"), in connection Maintenance District, located in the City of Bakersfield, California. 200_, by with the Consolidated The real property herein described is located within the Consolidated Maintenance District and maybe 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 2004-2005 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 CountylAllUrban 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): City of Bakersfield: Towery Homes, Inc., a California Corporation Matt Towery, President Raul M. Rojas, Public Works Director NOTE: All owner(s)/developer(s) signatures must be notarized. S:IPROJECTSIMAINDISTICOVENANT1New CovenantslCovenant.St.doc 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 Tract No. 5951 Unit One Lot Nos. 1 through 30 COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT THIS COVENANT is executed on this. day of , 200_, by Coleman Homes, Inc., 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 Street Tier 2 and Park Tier 1 of the Consolidated Maintenance District, and maybe assessed for maintenance of public landscaping on public rights-of-way within the district. Although this property may have been assessed a lesser amount in the present tax year, the ultimate estimated annual assessment for maintenance of public landscaping based on full buildout of this district, is $125.00 per single family dwelling, based on 1999 dollars and labor costs of the district. This covenant may not be amended or modified without the prior approval of the City of Bakersfield. This covenant shall run with the land. Dated this .day of , 200 _. Owner(s)/Developer(s): Coleman Homes, Inc. a California Corporation Tony E. Hogg, Vice President City of Bakersfield: Raul M. Rojas, Public Works. Director NOTE: All owner(s)Ideveloper(s) signatures must be notarized. S:~PROJ~MDICOV~ST&PK