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MD Packet 1-11
~~~~ Ci ~~~~ ~ ~- ~~~ NOTICE OF EXEMPT ION ~q~®~ ~~v~ Appendix I JA T0: Count Clerk ~~ Y COUNTY OF KERN 1415 Truxtun Avenue Bakersfield, CA 93301 Project Title: Maintenance District 1-11 (Interim). Project Location-Specific: generally bounded b~ aline 1/8th of a mile south of Palm Avenue on the north, a line 1/4 mile east of Jewetta Avenue an the east , a line -9 9 0 feet north of Brimhal l Road on the south and Jewetta Avenue on the west. Project Location-City: Bakersfield Project Location-County: Kern Description of Project: Maintenance of public street and median landscaping 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}; 152b8 (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~,f ) Statutory Exemptions. State code number. Reasons ,why project is exempt: Minor alteration in land use limitations with formation of Maintenance District, CEQA guideline, City of Bakersfield Resolution No. 21.2-92. Lead Agency Contact Person:Marian Shaw Area Code~Telephone~Extension:(805} 326-3579 Lf 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 ' nature : ~~ r~ Date : ~l ~~ Sig r Title : ~r y~ ~ ~ ~~1z°~r- x S'gn d by Lead Agency Date received for filing at OPR: x S ned by Applicant ~~~~~~ a~aR 2 0 ~v~r, ENCiN~~R9N0 D~PARTSNT Not~~e ~ ~nv~rc~-menta! ~o~u en ~- ®2 ~- q ~ Posted by ~Count~ Cl+~ri~ on ~~~ ~o~ ~~ d~~~ there~~t~~p ~~~~~~~~ ~~ ~~`'3 CARRIAGE HOMES P. O. Box 235"3 BaKER5FiELn, Ca. g3303 August 22,1995 City of Bakersfield Public Works Department 1501 Truxtun Avenue Bakersfield, Ca. 93 3 O 1 Attention: Raul. M. Rojas Public Works Director (805) 837-8581 FAX (805) 837-g584 Subject: CITY OF BAKERSFIELD INTERIM Ni~~INTENANCE DISTRICT Dear Mr. Rojas; Carriage Homes, a California Corporation, as owner of Tract 5334, hereby requests the formation of an Interim Maintenance District for the property. I understand that I have a right to file protest at a hearing to be held at a time and place to be set by the resolution establishing the Interim 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 Tract 5334.. 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 ~ assessed. By my signature on this letter, Carriage Homes hereby waives the right to the public hearing and the protest hearing required by Chapter 13.04 of the Bakersfield Municipal Code and the Brawn Act. very truly your ~~_ Sharon J. Spanke Vice-president fsj s C~Rr~G~ HoNr~s P. O. Box2353 Ba[c~nsxrkz,D, Ca. 93303 (805) 837-g5'SI FAX (805) 837-9584 ~{`~~ ~~ CC:C.~ kY A (, 777;;;~~~ ~: ~~~ Goober 9,1995 City of Bakersfield Public Works Department 15 01 Truxtun Avenue Bakersfield, Ca. 93301 Attention: Raul M. Rojas Public works Director ~~? 1 ? 1995 J~~~~l~ °~~5 ~~~~~~~i~~~ Subject: CITE GF BAKERSFIELD INTERIM MAINTENANCE DISTRICT Dear Mr. Rojas; Carriage Homes, a California Corporation, as owner of Tract SS97, hereby requests the formation of an Interim Maintenance District for the property. I understand that I have a right to file protest at a hearing to be held at a time and place to be set by the resolution establishing the Interim 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 Tract X597. I da not intend to protest the formation of the district, the bound~.ries of the district, the fairness of the benefit formula, or the amount of the assessment an any parcel of property to be assessed. By my signature an this letter, Carriage Homes hereby waives the right to the public hearing and the protest hearing required. by Chapter 13.04 of the Bakersfield Municipal Code and the Brown Act. Very truly yours, ,~~ Sharon J. Spanke Vice-president lsjs t~~~~~r a. 8 p ~ ~ 5 Tie ~ ~r~~pu~~~ ~.~ ~'a.1e ~~ ~ 5°~~.C~7 l~e~:~ Jc~~.~: telstar engineering inc ~~ ~'~~ ~~w~~~ ~~~~ Q 5 ~ ~ Q a ~~~~. ~~~~7~~~~~~~o~ 5301 office park drive, suite 125 Bakersfield, California 93309 (805) 327-5043 FAX: 327-3283 engineering planning surveying ,;t~; . #xer~ February 13, 1995 Mr. Jaoques LaRachelle Department of P~.blic ~1ar~s City of 8akeref field 1501 Tru~tun Avenue ~. Re: Tract Na. 5597, File No. 93-1~0 Tract Na. 5334, File No. 94-114 Dear ~acquee: ~/ telstar engineering inc Fnclaeed fie a capy of your February 9, 1995 letter, ae to a T~aintenance Dietrict far Tract No. 5597. Th~.e tract fie eout~.east of Tract ~To . 5 3 3 4 ~ reduced map attached) ~ aid is acces~~d via ~earge day. The district ~hc~uld prob~.ly include Tract Nom 5334, ~.e Drell a~ -Tract Na. 5597. ~lea~e revie~r and let me ~no~ ~~~.t you thin. Sincerely, TFa~STAR E 1NEERIN , ~ . ~._- ,, C~.r~. R. ~i~reland CRM/lp \5334\dstrict.114 ence letter and map cc ~ carriage N©~ne~ , ~~/enc . 5301 office park drive, suite 125 bakersfield, California 93309 (805) 327-5043 FAX: 327-3283 engineering planning surveying telstar April 20, 1995 engineering inc Ms. Jamie Mesckat ~~ Department of Public i~orks City of Bakersfield ~. 5 ~D 1 Truxtun Avenue Re: Tract No. x334; File No. 94-114 X17 Lots} . Tract No. ~a97; File Na. 93-160 (14 Lots} Dear Jamie: Regarding the City Maintenance District formation cost for these two tracts, we propose a cost as follows: Base.C~st ~ 1,30 Tract No. 5334 X22 Tract No. 5597 42 TOTAL $ 1,614 We have a di sc far Tract No . 5 5 ~ ~1, but ~ o ` ~a~ ire unable to locate the disc for Tract No . 5 3 3 4 . Plea ~.ea me kr~o~r ~~rhat you think. Sincerely, . TELSTAR ENGINE R ,~. ,__ Carl R. Noreland CRM~'lp ~5334~cast.114 cc : Carriage ~~on~es 5301 office park drive, suite 125 Bakersfield, California 93309 (805) 327-5043 FAX: 327-3283 engineering planning ,surveying July 15, 1994 telstar engineering inc Ms. Marian Shaw Department of Public Works City of Bakersfield - 1501 Truxtun Avenue Bakersfield, CA 93301 4 Re: Tentative Tract No. 5597 File No. 93-160 Dear Marian: ° on behalf., of our client -and pursuant to the Parks Division Condition No. 2, we hereby request the formation of a maintenance district for parks and street landscape. improvements on the subject tract. Please advise if anything further is needed at this time. Sincerely, TELSTAR ENGINEERI , INC. i Carl R. Moreland CRM/lp `5597~maintain.160 ~C: Ld:C la+~~ iiC~llleS u - 5301 office park drive, suite 125 Bakersfield, California 93309 (805) 327-5043 FAX: 327-3283 engineering planning surveying - t B A K E R S F I E L D PUBLIC WORKS DEPARTMENT ISOI TRUXTUN AVENUE BAKERSFIELD, CALIFORNIA 93301 {805) 326-3724 C~~p~ RAUL M. ROJAS, DIRECTOR • CITY ENGINEER May 10,1995 Telstar Engineering 53010ffice Park Drive, Suite 125 Bakersfield CA 93301 ATTN: Carl R. Moreland Re: Maintenance District for Tract No. 5334 and 5597. Dear Mr. Carl Moreland: In response to your April 20,1995 letter regarding the above tracts, if the City does not receive a computer disk with each tract map, then we have to treat them separately. The charges will be $1550.00 plus $13.00 per lot for Tract 5334 and $1350.00 plus $3.00 per lot for Tract 5597. If the City receives a computer disk for both Tract 5334 and 5597, then you will be charged $1350.00 plus $3.00 per lot for both as stated in your letter. If you have any questions or comments, please call John Stinson at (805) 326-3592. Very truly yours, RAUL M. ROJAS Public Works Director BY: Jacques R. LaRoc6elle Design Engineer P:~letters~telstar.ltr JRl:jas:jas CALIFORNIA ALL•PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of Name and Tine of Officer (e.g., °Jane Doe, Notary Public") personally appeared WAYNE L . VAUGHN , S R . Name(s) of Signer(s) x~ personally known to me - OR - ^ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shelthey executed the same inhis/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the persons} acted, oF~IC~, sit, executed the instrument. ~~UE MENQ~I~I ~ Nar~rl~euc•c~u~o~w . . Ic~lc;ournr WITNESS my hand and official seal. iy pomn, Exdra Scot 15,16 Si nature of Notary Public oPrionra~ Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. KERN On August 2 2 , 19 9 5 before me, Date Description of Attached Document Title or Type of Document: D t/GyZCi ~ Document Date: Signer(s) Other Than Named Above: Capacityties} Claimed by Signers) Signer's Name: ^ Guardian or Conservator ^ Other: Top of thumb here ^ Individual D Corporate Officer Title(s): ^ Partner -- ^ Limited ^ General ^ Attorney-in-Fact ^ Trustee Signer Is Representing: .~-- t c ~s ,~ ~ vtGl u.s ~~-~- tiw /~ Qik e a ~c ~., ~5~ t Signer's Name: ^ Individual ^ Corporate Officer Title(s): ^ Partner - ^ Limited ^ General ^ Attorney-in-Fact ^ Trustee ^ Guardian or Conservator ~ ~ `~~ ^ Other: Top of thumb here Signer Is Representing: Number of Pages: / JULIE HENDERSON ®1994 National Notary Association •8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder. Call Toll-Free 1-800.876.6827 CaRnrAC~ Hor~r~s P. O. Box2353 B~RSFIE~, Ca. g3303 August 22,1995 City of Bakersfield Public Works Departmetrt 1501 Truxtun Avenue Bakersfield, Ca .93301 Attention: Raul M. Rojas Public Works Director (805) 837-g581 FAX (805) 837-g584 Subject: CITY OF BAKERSFIELD Ir~I'ERIM N[AINTENANCE DISTRICT Dear Mr. Rojas; Carriage Homes, a California Corporation, as ow~r of Tract 5334, hereby requests the formation of an Interim penance District for the property. I understand that I have a to file protest at a hearvag to be held at a time and place to be set by the resolution estab~ the Irrterim Maintenance District. i am also in r~ of the Covenant Disclosing Inclusion in a penance District, which includes the ma~dnnum mau~ten~ance asses~r~ent for the prop~yrty w Tract 5334. I do ~t intend to rotest the formation of the district, the bou~adaries of the district, the fairness of p the benefit formula, or the amount of the. assessment on any parcel of prop~yrty to be assessed. By my s~~n~ature on this letter, Carriage Homes hereby waives the right to the public h~ and the rotest hewring requiired by Chapter 13.04 of the Bakersfield Municipal Code and the Brown Act. P Very roily yo Sharon J. Spanke Vice-president .~~~ ISjS .. P.1~1 JUL E~ ' ~~ 14 ~ ~ 1 TELSTpP Ef~~G . I Ct~~ X05-~~?-:3E$~ ~A~~I~S_FIELD ~t~1~LI~ '~(~RK~ DEFARfiN1ENT iSOi TRUXTC~N AVENUE BAKE1;tSFIELD, CALIFORNIA X3301 (SOS) 3~d-~7~4 KAUL M. ROJA~, ~IRECTt~R ~ CITY ~NOII~fiER May 10,1 ~~5 .. . Telstar Engineering 5301 C~flice Fark Drive, quite ~~~ Bakers~iel+d ~A 9~~01 AT'x'~]'; ~aI`1 ki, Nior~land . Re: M~1i~te~ance Dist~~t far' ~r~ct lea. 533 cud 55~7~ } ~~ ,: ~ ,~~~ a ~~ ~a Dear Mr. sari Moreland: In response to your April 20,1~~5 letter regarding the above tracts, if the pity does not receive a computer disk with each tract map, then we have t~ treat t~iem separately. ~'he charges will be $155t)~00 plus ~13.Oa per lot for Tract 533 a~c~ $1350.0 plus $3.0~ per lt~t for Tract 557. 1~ the pity rcc;exves a computer disk for both Ttact 5334 ~ar~d 557, then you X11 be charged $135~,Qq plus $3.0Q per lot for both as stated in youx fetter. if you have any questions ter corn~ments, please caii ~'~hn Stinson at ~~~5~ 3~~-352. Very truly yours, RAt,T~ N~. ~it~7A~ Fublic 'forks Director EY~ Ja~u~s ~. ~~Raeh~lte Design Engineer ~:`~etters`t~lstar. ttr Ji~L: jays: j~s ~~~,~~ ~~ CITY OF PLANNING DEPARTMENT JApC HARDISTY, Oirseto- 1501 TRUXTUN AVE. BAKERSFIELD. CA 83301 January 14, 1994 ~e~~ 32s~'~ Interested Persons: RE: ~ Tentative Tract 5597 6 The Bakersfield City Planning Commission approved the above-mentioned subject. on January 6, 1994. . Enclosed are copies of the map, report, .findings ,and conditions of approval pertaining to this case. If you have any questions regarding this matter, please contact this office. Sincerely,. ,, Dana Encheff Planning. Technician DE:pjt Enclosures cc: Engineer Owner/Subdivides P.G.&E. Land Dept. ..North Bakersfield Recreation and Parks Dist. Kern Delta Water Caltrans, District 6 Building Department Public works, Design Engineering General Services/Corp. Yard Parks -Fire Safety . Fire Department fl ~ . BAKERSFIELD L STAFF REPORT Planning Commission Meeting of January b, 1.994 PROJECT NO.: TENTATIVE TRACT 5597 ENGINEER: SUBDIVIDER: Telstar Engineering Carriage Homes, Inc. 5000 California Ave. Ste 207 801 Oak Street Bakersfield, CA 93309 Bakersfield, CA 93304 LOCATION OF PROJECT: The south side of Shellabarger Road extension between Jewetta Avenue and the westerly terminus of Shellabarger Road; being a portion of ,the southwest ~/~ of .Section 30, . Township 29 South, Range 27 East, ~ M.D.B.&M1 PROJECT DESCRIPTION: A proposed tentative ..tract map f or single f amily residential purposes containing 13 lots residential lots and one sump lot on b.93 acres, zoned (upon. annexation} R-1(18,000 } One Family Dwelling-18,000 square foot minimum lot size}. ENVIRONMENTAL SETTING: The project site is depicted as Suburban Residential on the Land Use Element of the Metropolitan Bakersfield 2010 General Plan. The site is surrounded as shown in the table below. . ZONE CITY COUNTY USE ZO10 NORTH E city graded for subdivision SR EAST R-1 (18000) E(1/2)-RS vacant/residential SR SOUTH R-S-lOA E(10)-RS vacant/residential SR WEST R-1 (18000) E(10)-RS vacant/residential SR Prepared December 11, 1993 m! STAFF REPORT Tentative Tract 5597 Page 2 PROJECT ANALYSIS: Tentative tract 5597 is in the unincorporated area. A request for annexation of the area was submitted to LAFCO in August of 1993. Staff antici ates the annexation to be p complete in 1994. A final map may not be recorded until the annexation is final. Tentative tract 5597 proposes 13 residential lots and one sump lot on 6.9 acres. Lot. .sizes are 18,000 square feet and 20,000 s uare feet, with an overall densi of 2.4 q tY dwelling units per net acre. This is consistent with city zoning and the general -plan. The map has no existing access to it, however there are two tentative tracts a roved to pp the north which will provide .access to the tract when recorded. Under "General Notes" provided on the map, item 15 says "Birchaven Avenue to be constructed & Poma Street to be constructed 1/Z width." This proposed access is inade uate, as it would result in a q cul-de-sac approximately 1350 feet long. Public V~orks has conditioned the map to provide adequate access. The property to the south of the map is zoned RS, thus requiring a 50 foot dwelling setback. The lots abutting the RS zone are 139 feet-deep. Staff recommends a condition requiring 140 feet deep lots. Lots 6 and 10 have a reduced de th because of p the bulb of ,the cul-de-sac. Staff is of the opinion that Lot 10 provides an adequate buildingenvelope because the 210 -foot len th of side roe line. Lot 6 is more g p P~ restrictive, however. staff is of the- opinion that if the cul-de-sac bulb i extended easterl • y to ;begin 45 feet. from the westerly property line of Lot 6,~ the building envelope. should provide.. ample opportunity. (See "Diagram A" Staff recommends a condition which requires a minimum distance of 45 feet from the westerly property line to the beginning of the 25' radius tangent curve of the cul-de- sac. This will rovide a rectan ular sha e P g p 40 feet by 65 feet plus the additional area east of the rectangle. ,Attached are proposed conditions of approval referenced as Exhibit "A". A Negative Declaration was advertised regardin this ro'ect on December 10, 1993. g pJ PUBLIC CONTACT: Notice of public hearing before the Plannin Commission of -.the Ci of Bakersfield has g tY been advertised in the newspaper and posted on the bulletin board of the Bakersfield City -Planning. Department. All property owners within 300 feet of the ro'ect site have pJ been. notified about the hearing and the proposed tentative tract. . Prepared Dece-nber 17, 1993 ml STAFF REPORT Tentative Tract 5597 Page 3 FINDINGS: 1. All required public notices have been given. 2. The provisions of CEQA have, been followed. 3. Based,upon an initial environmental assessment, staff has determined the proposed project will not significantly affect the h sical environment or existin pY g residential development in the area and the issuing of a Negative Declaration for the project is adequate. 4. .Urban services are available for the proposed development. S. The. proposed Tract, together with. the provisions for its design and improvement, is consistent with the General Plan.. Re wired b Government Code ~ q Y. 66473.5 ) 6. The site is physically suitable for the a of develo meat ro osed as ~ p p P ~ conditioned). 7. .The site is physically suitable for the proposed density of development proposed (as ,conditioned}. $. .The design. of the Tract or the ro osed im rovements are not likel to pp p Y cause substantial environmental damage or substantially and avoidably injure .fish or wildlife or their habitat. 9. .The design of the Tract for the type of improvements is not likely to cause serious. health problems. lo. The design of the Tract or the type of .improvements will not conflict with easements, acquired by the public at large, for access through or use of, ~ro er within pptY the proposed tract. 11. The design of the Tract provides, to the extent feasible, for the future passive or natural heating or cooling opportunities in the Tract. Section 66473.1 of the Subdivision Map Act) Prepared December 17, 1993 ml STAFF REPORT Tentative Tract 5597 . ~ Page ~ RECOMMENDED ACTION: Motion to APPROVE and ADOPT the Ne ative Declaration, to make all findin s set g g forth in the staff report, and to APPROVE Proposed Tentative Tract 5597 subject to the conditions outlined in the attached Exhibit "A." Prepared December 17, 1993 ml EXHIBIT "A" Tentative Tract 5597 Page 1 PUBLIC WORKS 1 The retention basin shall be designed to retain the runoff from both Tract 5597. and Tract Sb84. 2 Prior to review of improvement plans, a comprehensive drainage and grading plan, to include both Tract 5684 and Tract 5597 shall be submitted by the subdivider to be reviewed and approved by the City Engineer. 3 Upon issuance of a building permit, fees {all based upon the charges or rates in effect at the time of issuance of the building permit) shall be paid to the City for the following:. 3.1 sewer connection f ee; 3.2 the Buena Vista Trunk Sewer System; 3.3 ,interim capacity in the Stockdale Trunkline Sewer System; 3.4 the Jewetta Trunkline Sewer. System; 3.5 completion of Phase II of .the Buena Vista Trunkline System; 3.6 Judkins Tract 4908, A:D. 87.3; 3.7 regional traffic impact fee; 3.8 local traffic mitigation fees: .3.8.1. Signals: 3.8.1.1 Rosedale at Calloway, modify signal. Cost. to modify estimated at $50,000. . Project traffic percentage of future volume per traffic study is 3.1%. 3.1% x $50,000 = $1,550 3.8.1.2 Jewetta at Palm, new signal. Cost estimate $120,000. Project traffic percentage of future volume. from traffic study volume estimates is 0.7%. 0.7% x $120,000 = $840 . 3.8.1:3 Palm at Calloway, new signal. Cost estimate is $120,000. Project traffic . percentage calculated as 0.8%. 0.8% x $120,000 = $960. 3.8.1.4 ,Calloway at Brimhall new signal. Use $120,000 cost estimate. Project traffic percentages calculated as 0.2%. 0.2% x $120,000 = $240.. 3.8.1.5 Brimhall at Jewetta, new signal. ~ Project traffic percentages calculated as 0.1%. 0.1% x $120,000 = .$,120. . 3.8.2 State .Highway Road Segments: 3.8.2.1 Rosedale Hwy east of Calloway; 78 new trips generated in this segment. One new .lane is .8000 trip capacity. 78/5000 = 0.8% x $240,000 ($150,000hane mile, l lane each direction) -_ $1,9b0. 3..8.2.2 Rosedale Hwy west of Calloway; 34 new trips generated for this segment. 341$000 = 0.3% x $240,000 ($150,000/lane mile, l lane each direction) _ $720 Total local traffic mitigation fee = $491.54/dwellingunlt. 4 Above-ground .utility cabinets ur facilities may not be installed within the road right-of-way without approval by .the City Engineer. 5 The subdivider shall install three 5,800 lumen high pressure sodium vapor street lights within the subdivision. EXHIBIT "A" Tentative Tract 5597 Page 2 b Street, light installation shall be foundation mounted steel poles with~28' mounting height and 6' mast arms and-shall include but not necessarily be limited to furnishing and installing all street light poles, conduits, wires, luminaires, and splice boxes. Numbers and locations of required lights will be determined after any required design revisions have been made to the tentative map. 7 To avoid possible conflicts at the installation- stage, .the subdivider shall consult .with the utility companies to ensure there is sufficient clearance between the street light foundations and allutility lines, whether underground or overhead. 8 If electrical service. points for street lights aren't available to be shown on street improvement plans, then they. shall be shown on utility composite plans to be filed with the City Engineer prior to acceptance of improvements. 9 The subdivider shall ensure the utility understands conduit for street light electrical services shall be kept within the street rights-of-way, unless prior approval is obtained from the City Engineer. 10 Easements to be dedicated to the City for utility, sewer, storm drain, electrical, or other purposes shall not cross private property (extend through, across, or between lots) without the prior approval of the City Engineer. . 11 Type & location of centralized mail delivery units, the location to be approved by the City Engineer, shall be determined in consultation between the subdivider and the Postal Service. If the.. Postal Service requires special easements for placement of delivery units, then said special easements shall be shown on the Final Map. 12 Prior to review of improvement plans by -the City, the subdividershall submit: 12.1 A preliminary soil report, with R values, and engineering calculations to justify the structural .sections proposed. 12.2 infiltration tests for the retention basin site. 12.3 a preliminary engineer's estimate. -12.4 ~ plan check and inspection fees based on the preliminary engineer's estimate. 13 Prior to recordation of a Final Map, 13.1 dedication of Birchhaven Avenue from Jewetta Avenue to the un-named street and the un- namedstreet from Birchhaven to the tract boundary and the dedication of the streets within Tract 5684 shall be provided. 13.2 fully improved access shall be provided to the subdivision from Jewetta Avenue. Secondary emergency access improved to the requirements of the Fire .Department shall be provided. 13.3 all improvement plans shall be approved by the City Engineer. 13.4 the subdivider shall submit all easements, properly executed, required for off-.site sewer, storm drain, access, or street- construction. 13.5, the subdivider shall, ensure that each cable TV company provides notice to the City Engineer of 'its intention to occupy the utility trench. EXHIBIT "A" Tentative Tract 5597 Page 3 14 15 Prior to acceptance of the improvements by the City, 15.1. Certificates of Compliance from the manufacturers of products shall be submitted on all materials used in the project, including but not limited to manholes, frames and covers, pipe, poles, ,pull boxes, concrete. 15.2 all street lights shall be energized and fully operational, and all,costs, including any start-up costs required by the utility company, shall be borne by the subdivider. 15.3 all required monuments shall be in place and notice shall be given in accordance with Section 6b497 of the Subdivision Map Act. 15.4. Record drawings of the required improvements, signed by a registered Civil Engineer, shall be provided to the City Engineer. 15.5 the utility composite plan shall be submitted to the City Engineer. 15.6 "as-graded" plans, signed by a registered Civil. Engineer, shall be provided to the City Engineer. 16 No occupancy of any lot will be permitted until all required improvements have been completed by the subdivider and accepted by the City. BUILDING DEPARTMENT 1. Prior to the filing of the final map, the subdivider shall obtain approval of a,preliminary soils,report and grading plan.. (BMC 16.4.4) 2. Prior to the issuance. of a building permit an approved final soils report will. be required. (BMC .16.44} 3. Prior to permitting occupancy of any lot all required improvements must be accepted by the City of Bakersfield. (BMC 16.16 and BMC 16.32} 4. Prior to recordation of a final map, an Acoustical study prepared by a qualified acoustical consultant shall be provided to show that structures within the project area are designed to mitigate noise exposures to a level of ~65db CNEL or less in exterior activity areas and 45db CNEL or less in interior living areas in accordance with the -Noise Element of the 2010General Plan. (Noise Element Policies Numbers. l and 2) FIRE DEPARTMENT. 1. 1 Fire hydrant will be required. 2. Based upon available information, fire flow- requirement will be 1,000 gallons per minute. 1,4.2 a covenant for .each lot prohibiting the pumping and taking of grouadwater from the, property for any use .off the property. EXHIBIT "A" Tentative Tract 5597 Page 4 3. Water mains are to meet 1.S.0. and City requirements with dead end mains no less than 8 inches diameter in size. 4, Prior to issuance of a building permit, water mains and fire hydrants to be installed by developer shall be completed, tested and accepted (UFC 10.502,10.503}. All hydrants shall be kept in service and made accessible to the fire department apparatus by roadways meeting the requirements of Uniform Fire Code 10.204. 5. All subdividers and all persons otherwise to purchase necessary nuts, bolts and gaskets, from the City of Bakersfield and install all hydrants no more than b inches from permanent line and grade and pay the total cost thereof. (BMC 16.32.Ob0}. 6. All streets and access roads to and around any building under construction must be at least 20 feet ,. in width and graded to prevent ponding at all times. Bamcades must. be placed where ditches and/or barriers exist in roadways. Emergency vehicle access must be reliable at all times. PARKS .~IVISIDN 1. Landscaping will be required between back of sidewalk and face of walllfence, adjacent to all non- buildable lots, i.e. sumps, drill sites, etc., where such lots front interior streets. 2. Prior to .the filing of the final map,. a maintenance district .shall be established, the subdivision shall be annexed into an existing district, form a new district, or the subdivider shall provide an alternate means of maintenance which is accEptable to the City for parks. and street landscape improvements. Subdivider is responsible for submitting a letter to the Public Works Department requesting inclusion in a district by one of these methods. The city will not accept maintenance responsibilities for the area without a funding mechanism in place at the end of the six month maintenance period. 3. Prior. to the filing of the f final map,. the Subdivider shall submit detailed irrigation, Landscape, and wall construction plans for review by the City Parks Division, and approval by the City Engineer. 4. Prior to filing of the final map, the subdivider shall either install all landscaping and automatic irrigation systems or enter into a separate agreement with the City and post approved security to guarantee their installation. 5. At least 48 hours. prior to installation of the irrigation system and landscaping, the Subdivider shall aotify the City Engineer. and the City Parks Division. b. The Subdivider shall maintain all irrigation and landscape for a period of not less than one hundred eighty (180} days after receiving written acceptance by the City Parks Division. The water and electricity will be paid by the subdivider until the end of the one hundred eighty (180) day maintenance period and final written acceptance by the City. EXHIBIT "A" Tentative Tract 5597 Page S after the one hundred eighty (180) days and the final written acceptance by the. city, the Subdivider will be responsible for providing the Parks Divisionwith the respective utility account numbers so that billing may be transferred to the City. 7. Subdivider shall provide a set of reduced (11x17), reproducible, (Mylar, Cronar, Vellum}, as-built drawings of the irrigation system. The drawings must be turned over to the Parks Division prior to the City assuming maintenance responsibilities. PLANNING DEPARTMENT 1. Prior to filing of the final map, an approved plan for- utility easements shall be provided. Easements .for Public Utilities shall be determined, by the developer, through consultation with the public utility company. 2. Pursuant to the authority of section 66474.9 of the California Government Code approval of this map is conditioned upon the subdivider defending, indemnifying and holding harmless the City, its agents, officers and employees from any claim, action or processing against the City, its agents, officers and/or employees, to set aside,. void or annul an approval concerning this subdivision, if -such .action is brought within the time period provided for in section 66499.37 of the California Government Code. The City shall promptly notify the subdivider of any such claim, action or proceeding and shall cooperate fully in such defense. 3. Prior to ,issuance of a building permit, a habitat conservation plan interim mitigation fee shall be paid. The fee will be based on the adopted charges at the. time of issuance of a building permit or permit approvals described~in an adopted Habitat Conservation Plan and associated ordinances, resolutions. and agreements. The current fee is $680.00 per gross acre. (BMC 15.78) 4. Prior. to filing of a final map the subdivider shall conform to the Subdivision ordinance relating to obtaining mineral rights owners signatures. (BMC 16.20.060 per Ordinance 3515 effective May 14, 1993) 5. Prior to filing of a final map, the subdivider shall either dedicate park land at the approved standard and/or pay in-lieu fees, at the option of the North Bakersfield Recreation and Park District. and submit written proof from the District to the City of Bakersfieldwhich states this condition has been satisfied. (BMC 15.80) 6. A street name must be approved for the street running north from Alcalde Street. 7. The minimum depth of the lots abutting t'he R-S zone to the south shall be 140 feet. Lot b shall have a minimum distance of 45 feet from the westerly property line to the beginning of the tangent curve of the cul-de-sac, as shown in "diagram A." 8. Annexation shall be complete prior to recordation of a final map. 5597.a ADVISORY NOTICE The San Joaquin kit fox (Vulpes macrons mutica}, a federally-listed endangered species, exists throughout the Bakersfield metropolitan area. Kit foxes excavate dens for shelter, to raise pups, and to escape from predators such as coyotes. Denning sites may occur on vacant lots in the Bakersfield area where development is planned. Section 9 of the Endangered Species Act of 1973, as amended (Act), prohibits the "take" of federally listed endangered and threatened species. As defined under the Act, take means "to harass, harm, pursue, hunt, shoot, wound, kill, .trap, capture, or collect, or the attempt to engage in any such .conduct." "Incidental. take" (defined as take that is incidental to, and not the purpose of, the carryingout of an otherwise lawful activity) maybe authorized by obtaining an "incidental take permit" pursuant to Section 10(a} of the Act. The City of Bakersfield and County of Kern are currently developing a regional conservation plan that will balance future urban growth with the conservation. of the San Joaquin kit fox and other ,sensitive plants and animals. Once approved, this conservation plan .will fulfill the primary requirement for obtaining a Section 10(a) permit from the U,S. Fish and Wildlife Service to allow incidental take of the kit fox and other species during. development activities. However, while this plan is being developed, and until the Section 10(a) permit is issued, specific measures must be implemented to prevent unauthorized incidental take of San Joaquin kit foxes and to offset any loss of kit fox .habitat resulting from ongoing construction actions. To comply with these measures, all persons and companies planning to engage in.construction or other activities that may impact San .Joaquin kit .foxes or their habitats within the prescribed conservation plan boundaries are .required to undertake the following specific measures for the kit fox: 1. Prior to ground disturbance, biological surveys for kit foxes and their dens that conform to U.S. Fish and Wildlife Service minimum survey recommendations shall be conducted by a qualified wildlife biologist. Persons requiring further information on minimum survey recommendations should contact Bill Lehman of the Service's Sacramento Field Office at (91b) 978-4866. inadvertently found inside a den during excavation, the animal(s) shall be allowed to escape unhindered. Information on dea definitions. and monitoring recommendations can be obtained by contacting the Sacramento Field Office. 3. To protect female San Joaquin kit foxes and their pups during the breeding season, no development activities likely to result in incidental take of kit foxes and no excavation of kit fox dens shall be permitted on any property within the prescribed conservation plan boundaries from January l to April 30, if biological surveys conforming to Service minimum survey recommendations demonstrate the presence of kit foxes on the subject property. Minimum survey recommendations for the period from January 1 to April. 30, and for one calendar week preceding January 1, shall consist of seven consecutive nights of negative survey results where methods including spotlighting, scent stations, and placing of tracking medium at all known and potential kit fox dens on the .subject .property.. This shall be enforced unless: a. Subsequent surveys demonstrate that kit foxes have vacated the property on their own, without any form of deliberate human disturbance within 100 feet of or directly to kit fox dens; b. Circular exclusion zones of 100 feet in .radius are staked and flagged around all known and potential kit fox dens can the. subject property. Development could then proceed on the balance of the property that is outside these exclusion zones; c. Survey information collected by a qualified wildlife biologist indicates that incidental take of kit foxes resulting from den excavations should not occur, rovided that such information is presented in writing to the Service's Sacramento Field Office and the Service concurs in writing. 4. As a means of offsetting the unavoidable loss of endangered species habitat associated with development, a fee is required by the city or county. This fee is being. assessed upon submittal of a building permit. Specific fee amounts will vary with the size of planned project development. 2. All known and potential San Joaquin kit fox dens that will be unavoidably destroyed by project actions shall be carefully excavated by or under the direct supervision of a qualified wildlife biologist.. Dens shall be completely excavated and subsequently backfilled and compacted to prevent later use by kit foxes prior to onset of project construction. Monitoring of dens pursuant to Service recommendations shall be conducted prior to excavation to ensure that dens are not occupied by kit foxes when excavated. If a kit fox is For further information regardingthese measures, please contact Jim Movius of the City of Bakersfield Planning Department, 1501 Truxtun Avenue, Bakersfield; California 93301 (805) 326- 3733, or the U.S. Fish and Wildlife . Service, Sacramento Field Office, 2800 Cottage Way, Room E-1823, Sacramento, California 95825 (9lb) 978- ~866. Prepared by United States Department of the Interior, Fish and Wildlife Service. Project Nv. Tentative Tract 5597 I. ENVIRONMENTAL CHEC KLIST EFFECT ~ 1MP~4CT~ ~ Ml~'IGATI4N EFFECT ~ I~PACT~ M ~'TIG~A~T~O~i~ .. 5 ~ 1 ~ ~ ORt~ ~~ A .. ~ y~ .:: N ~~: ORS EARTH ""' LAND USE Soils X Compatibility X , Geologic Hazards X ~ General PIanlZoning X ErosionlSedimentataon X X Growth InducQment X Topography X X ,Prime Ag Land Loss X -- WATER PUBLIC SERVICES .::.. :.` Qualify/Quantity Police X - Groundwater X X Fire X -Surface Water X X Schools X Flooding/Drainage X X Parks/Recreation X X AIR Solid Waste .Disposal X Air Quality X Facility Maintenance ~ X X ClimatelAir Movement X UTILITIES Odors X Water X __.. BIOLOGICAL RESOURCES ~ Wastewater X Plants X X Storm Drainage X Animals X X Natural Gas X RarelEndangered Species X X Electricity X Habitat Alteration X X Communication. X TRANSPORTATION ~ ~ ~ ....:~ ~ POPULATION X . Traffic/Circulation X X HOUSING X Parking X X HEALTH HAZARDS X Traffic Hazards , X NOISE X X Air/Water/Bali Systems ~ X -"'-"-'- AESTHETICS ~ X CULTURAL RESOURCES ---- LIGHT AND GLARE X ~. Archaeological Historical X X NATURAL RESOURCES ENERGY USAGE X X tNU t t: uiscu5SI0N REGARDING THE ABOVE IMPACTS 1S ATTACHED.} S =Significant P =Potentially. Significant 1 = Insignificant/No Effect Y =Yes N = No ORD =Ordinance Requirement Il. MANDATORY FINDINGS 4 F SIGNIFICANCE Y N Does the project have the potential to degrade the quality of the .environment, substantially reduce the. habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce. the number or restrict the range of a rare or endangered, plant or animal species, or eliminate important examples of the major periods of California history or prehistory? X Does the project have the potential to .achieve short-term, to the disadvantage of long-term, environments! goals? (A short term impact on the environment is one of which occurs in a relativelybrief,definite period of time while long-term r'mpacts wi11 end ure well into the future.l ~ X Does the project have impacts which individually limited, but cumuiativei,y considerable? (A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant). X - - Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? X 111. FINDINGS OF DETERMINATION ;Projects wnere a Negative Declaration or tiR has not been previously preparea, or wnere a previous aocument will not be utiiizea.) ON THE BASIS OF THIS INITIAL EVALUATION (check one); It has been found that the proposed project COULD NOT have a significant effect on the environment; therefore, a NEGATJVE DECLARATION wilt be prepared. It is been found that although the proposed project could.have a significant effect on the environment, there will not be a~significant effect in this case because MITIGATION MEASURES, as identified in the Discussion of Environmental impacts,. have been incorporated into the project; therefore, a NEGATIVE DECLARATION will be prepared. It has been found that the proposed project MAY have a significant effect on the environment, and an EIR ENVIRONMENTAL IMPACT REPORT) will be prepared. PREPARED BY. /I2 D/'l 1 / DATE: ~ G / ~ ~ !V. DISCUSSION ~F IMPACTS .EARTH The site is not identified as being in the Alquist-Prioio special study zone. City ordinances and policies control radin and dust. g g 'HATER The water purveyor has provided a 'Will Serve Letter" which demonstrates they are able to provide, water for domestic uses. There is no surface water on site, nor is the site in a flood zone. Surface arainage will be provided on-site or within the. drainage study area as required by the City Engineer., AIR The proposal will not violate any adopted air quality standards, significantly after patterns of air movement, nor create objectionable odors. 810LOGICAL RESOURCES It is unlikely a significant impact would occur. The following condition will be added as a condition of approval on the map: A habitat conservation plan interim mitigation fee shall be paid prior to issuance of a building permit. The fee will be based on the adopted charges at the time of issuance of the building permit or payment of fee before issuance of the building permit. The current fee is $680.00 per gross acre. Den sites which may provide habitat for the kit fox shall be hand excavated under the supervision of a qualified wildlife biologist prior to the introduction of heavy equipment to the site. The developer shall contract with a qualified wildlife biologist, approved by the Planning Director, to identify den sites in need of hand excavation~prior to any earth work. Den sites shall be depicted on a map provided to the Planning Department. In addition, the applicant shall consult the attached advisory notice prepared by the U.S. Department of the Interior, Fish and Wildlife service with regard to potential impacts on the. San Joaquin Kit Fox. in the event that a habitat conservation plan is adopted prior to development, ail development shall comply with the adopted habitat conservation plan, including any fees assessed therewith, unless the interim fee has been paid for said development prior to the adoption of a habitat conservation plan. TRANSPORTATION ~ J This project is subject to the. regional transportation impact fee. Local transportation impacts have been mitigated through a traffic study or agreement to pay ~a proportionate share as determined by the City Engineer. CULTURAL RESOURCES No resources have been identified in the area. In the event remains or artifacts are found during development, .excavation may be necessary as determined by an archeologist. LAND USE This subdivision will allow development at densities which are consistent with the genera! plan and. zoning. PUBLIC .SERVICES The individual providers. of necessary utilities have indicated that they will be able to provide utilities within their level of responsibility. POPULATION AND HOUSING Impacts of introducing human population into the area are not considered significant. This subdivision will provide housing opportunities in accordance with market demand,.in a community which is experiencing a rapid growth. HEALTH HAZARDS No health hazards have been identified. NOISE This subdivision will not produce a significant amount of noise. Existing ordinances and policies require impacts on proposal from external sources of noise to be mitigated. AESTHETICS Aesthetic impacts are considered insignificant. Impacts would be typical of urban environments. Impacts are mitigated through existing ordinances and policies. LIGHT AND GLARE The light and glare resulting from this project is typical of residential subdivisions, and is not considered significant. NATURAL RESOURCES The depletion of natural resources associated with this project is less than significant. ENERGY USAGE The energy usage associated with this project is not considered significant. . 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Rs l 1~eRt hE3 ~. ~e ~ e 1~,~,Jl, k ~ . i~Fl-3~- :t~~ - - --- - ROAD -~- i21 c_ ~ ~ ~ ~ N. Llne, S.W. t /4, ~~ S.W._ I /4 Sec. 30 ~ i I P. M. `1 I ~ P.M I ' ~ M. 6ST6 M. K M I~ I ~ ~2~ ~ ~ ; I it l2 ~.. P. M. Nf. Tt6 I I) P. M. BM. fi, Vt. !! j ~ ~~~ ~ _~ I I~ BRIAiNALI N0. I I ~ ANNEXATION N0. 362 I ~ ' RES. N0. 76-l2 6-B-l2 hr.l Pu Z I I ALLEN 1 ANNEXATION N0. 331 I RE3. NO. 14l-!f ( Pot fi 10-1l-!! I j I I I ® r-- S.W, Cor. 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I/4 Cor. . 30 Sit 3 K .. ~. 2 ~ . ~,; ~ 14 i 1 I a ~ ~ ~~' 20 PlNEHAVEN AVE., ~ ~ li ~ i 3 ~ .. 24 2~ 22 21 ~ ' . t 17 M, 4 !3 ! t7r! i 4 ~,, ~. :r .Alt #OO~i Aei i»~ ~ 21 2 ; M ~r ~ ~ !! N li T . i 6 E4 ~ .. ~ w ~~ CEDA '_,._ RNAVEN AVE.w`s~~ ~ ~ eRrwtAU No. s ANNEXATION N0. 3t1 ,.,; w ~ ~ ' ~ -- ,~ ~ ~ r ,., ~ ~ ~ r' r' 46 4{ 47 4i }~ ~ ~ J •~~,, ~ 1 i ~.~.i ~~ J ! ~ ~ P1~ 1' 91RGMNAV EN ~ AVE. ~ W ~ W P O ~ • • s ~ ~1 ~ ~ ~ ; ~~ ~~ ~ ' 34 ~ 62' 31 ~ .. N ~ ~ ~ }~~(" ~ r ~ ~ X 21 ~.,~ ~.. P.f. ,. ~_ N. Lln~, S.W. I /4, I it f S.W. 1I4 Sic. 30 ' • i ~ P ~ ~ P. III. ~ `r~w~ ~I Na .~ III ~ ~ ~t I PM - --- ~ ~2) ' I ,~ cy ~ ~ `~~ a2 Il ~- ~ s~ t6 ~ ~~ ~ ~. K M ~ Per. 2 I ,1 ~ d.3 9~4 i J ,..rr'"' a ( ~ (Plr. l I' Pbr. a~,a~~, cz~ ~ i~ -. M. Nei, hE- tNt I • a ~Z~ I I P Of. 3 ~#ttINALL N0. 1 ANNEXA~rON N0. 362 ~ I I I RES. N0..76•!t I I S•S-!! ~ tit.1 M. t Attu I AMNE>IAaf~l N1:3fr I~ I I RRt Mt, pr-N I P4r 1 li•M•~ ~ i I S. W. Cor . Sic. 30 BRIMHALL ANNEXATION N0. 3T9 RESa.t1T10N NQ ANNEXATION OF BRIMHALL No.3 TO -THE CITY OF BAKERSFlELO 21.08 3 . ACRES SCALE: 2 600 N »•~tia~ EXI~TIN6 COfiPORATE 80LINQARY ~~ r~ 1~110'O~ED AI~N~lEXA110N BOlJ~10~R1lr EXHIBIT "B~~ .. ROAD . ; ~,~L~,~ ~P ~,~ L~Nl~~ ~r ~5~~~ ~:~C ,~ November 14,1994 C~1fiY OF BAKI'~SFIELD Public V~lorks Department 1501 T'ruatun Avenue Bakersfield, CA 93301 Attention: Raul M. Rojas Public Works Director Subject: City of Bakersfield blsintenance District Dear Mr. Rojas: I am in receipt. of the Notice. of Decision and Findings dated September 9,1994, from the City of Bakersfield Public Works Department reg~~rding ,the above referenced Mauntenance the formation of which is a condition of apprawal for Parcel Map Waiver 20-94. 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 re9oh~tion estab~ the lUlamtenance District. I am also. in receipt. of the ,Covenant Disciosmg Inclusion in a MaintE:nance District,. which includes the maximum maintenance a:~s+essment for the. Property within Parcel Map Waiver 20.94. I do not intend to protest the formation of the diistzict, the boundaries of the ~ the fairness of the benefit formula, or the amount of the assessment on any parcel of property to be By our signat~ on this letter, we hereby waive the right to the publuc hearing sad the protest hearing required by Chapter 13:04 of the Bakersfield Municipal Code and the Brown. A,ct. ver9 ~9 9~. OQi~NERSlPABCEL MAP WANEB 20-94 e:~~o~as.6o~ t ', N, .'` or~rrsa ~ s ~ John M. Antonq' vanni - Jane Andrea Uhalt Frank J. cKenna, rustee of the Frank J. McKenna 1993 Trust ~. L nda R. McKenna, Trustee of the Frank~J. McKenna 1993 Trust ~~~ ~ ' Linda Rae McKenna Thomas F. Walsh C.~ ~ Judith Claire Walsh Irene Fr es Stevens` - • B A K E R S F I E ~ L D PUBLIC WORKS DEPARTMENT 1501 TRUXTUN AVENUE BAKERSFIELD, CALIFORNIA 93301 (805) 326-3724 February 9,1995 RAUL M. ROJAS, DIRECTOR ~ CITE' ENGINEER Telstar Engineering Inc. 53010ffice Park Drive, Suite 125 Bakersfield, California 93309 ATTN: Carl Moreland Re: Maintenance District for Tract No. 5597. Dear Mr. Moreland: Prior to recordation of the Final Map, one. requirement is to form a maintenance district for fhe above named tract. The City received your letter dated July 15,1994 requesting the formation of a maintenance district and has since been tracking your progress. Now that the annexation is completed we can proceed with the formation of the district. Before the City can proceed we will need either payment of $1350.00 plus $3:00 per lot (with a computer disk provided with subdivision map information using autocad software) or $1550.00 plus $13.00 per lot (with no computer disk}. We will also need to get a letter. from the developer waiving his right to a protest hearing, (see example). This will help expedite the formation of this district. If the property owner does not waive the hearing, the Brown Act requires the City to hold .two hearings with forty five days notice of -said hearings. Should you have any questions or comments, please call John Stinson at (805} 326-3592. Very truly yours., RAUL M. ROJAS Public .Works Director ~~~ ~G%~~~ /, cques-R. LaRochelle Design Engineer Attachments P: ~ letters`mdform. ltr JRL;jas:jas 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 Tract No. 5597 Lots 1 through 14 COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT THI5 COVENANT is executed on this day of ,199 , by Carriage Homes, a California Corporation (hereinafter, "Owner"), in connection with Maintenance District 1-11 (Interim), located in the City of Bakersfield, California. The real property herein described will be located within Tier 1 of Maintenance District 1-11 (Interim), and may be 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 within this tier, based on fiull buildout of this district, is $100.00 per single family dwelling, based on 1995 dollars and labor costs of the district. It is understood that it is the intent of the Public Works Department that said Maintenance District No.1-11(Interim), be merged with the Consolidated Maintenance District Beginning July 1, 1996. It is anticipated that merging of Maintenance District No. 1-11 (Interim), with the Consolidated Maintenance District will not affect the amount of ultimate estimated annual assessment referenced above. This covenant may not be amended or modified without the prior approval of the City of Bakersfield. This covenant shall run with the land. Property description: Dated this day of ,199 Owner(s)/Developer(s): Carriage Homes, a California Corporation City of ~ Bakersfield: Raul M. Rojas Public Works Director Wayne Vaughn Sr., President NOTE: All owner(s)/developer(s) signatures must be notarized. PW-~ aS P:lintrl-11.cov NOTICE OF EXEMPTION T0: County Clerk COUNTY OF KERN 1415 Truxtun Avenue Bakersfield, CA 93301 ~~t'EO KENN C~~ p~HOA~~$, ~~'~'i`~ Jl~~g ~. DEP BV~ Project Title: Maintenance District 1-11 (Interim,. Appendix I Project Location-Specific: generally bounded by a line 1/8th of a mile south of Palm Avenue on the north, a line 1/4 mile east of .- Jewetta Avenue on the east, a line 990 feet north of Brimhall Road on the south and Jewetta Avenue on the west. Project Location-City: Bakersfield Project Location-County: Kern Description of Project: Maintenance of public street and median landscapinq_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(f} Statutory Exemptions. State code number. Reasons why project is exempt: Minor alteration in land .use limitations with formation of Maintenance District, CE A quidelineL City of Bakersfield Resolution No. 212-92. Lead Agency Contact Person:Marian Shaw Area Cade/Telephone/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 Nd S i a ~~ ~-~ • gn ture. Date. /l qC~ Title: ~r y~~ ~~ f~ir°e~ x S'gn d by Lead Agency Date received for filing at OPR: x S ned by Applicant ~v~tce of ~nv~r~~ne+~at ~~ur~e ~, ~~ `/ ~ ~~~ 5~ ~oun~' CI~-~k on ~~ '~ ~~~PF~ ~~?~'~?~~'p, ~'~1"aUat'!~ ~~ .r~ v y i ~'t L a~~.l'~6 ~r~ r~ ~u~iP~alie'y`'~ ~V6 i~+~0i~'w' !'~~~~ll~~~~ ~~~~~~ +y.x ,c ~y S ,V' ~ ~ l ENpORS~D ~~"~t 4.~ 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 Tract No. 5334 Lots 1 tb u,~h 16 COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT THIS COVENANT is executed on this ~ 2. day of _,199, by Carriage Homes, a California Corpor__at_ (hereinafter, "Owner"), in connection with (Interim) Maintenance District 1-11, located in the City of Bakersfield, California. The real property herein described will be located within Tier 1 of (Interim) Maintenance District 1-11, and may be 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 within 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 District No. 1-11 be merged with the Consolidated Maintenance District Beginning July 1,1996. It is anticipated that merging of Maintenance District No.1-11 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: TRACT N0. 5334 LOTS 1 THROUGH 16 Dated this ~ Z day of C,/ C _,199 Owners}/Developer(s): City of Bakersfield: . /'~ Carnage Homes, a C lifornia rporatton ~° a .Rojas Public Works Director Wayne aughn Sr., Pre ` ent , NOTE: All owner(s)/developer(s) signatures must be notarized. PVV-jas P:~ite~.~w • B A K E R S F I E L D PUBLIC WORKS DEPARTMENT ISOI TRUXTUN AVENUE BAKERSFIELD, CALIFORNIA 93301 (SOS) 326-3724 ' RAUL M. R01AS, DIRECTOR ~ CITY ENGINEER February 9,1995 Teistar Engineering Inc. 5301 Office Park Drive, Suite 1Z5 Bakersfield, Caiifo rnia 93309 ATTN: Carl Moreland .. Re: Maintenance District for Tract No. 5597. Dear Mr. Moreland: Prior. to recordation of the Final. Map, one requirement is to form a maintenance district for the above named tract. The City received your letter dated July 15,1994 requesting the forrnatian of a maintenance district and has since been tracking .your progress. Now that the annexation- is com leted we can roceed with the. formation of the district. Before the City cane proceed we will P . p ... need either payment of $13:50.00 plus: $3.00 per lot (with a computer disk provided with subdlv~sion rna information usin autocad software. or $1550.00 lus $13..00 per lot (with no computer disk}. p g } p We will also need to yet a :letter from. the developer waiving his right to a protest hearing, (see b example}. This will help expedite the formation of this. district. If the property owner does not waive the hearin the Brown .Act re wires the Ci to hold two hearings with forty five days notice g~ q ~ of said hearings. Should you have any questions or comments, please call John. Stinson at X805) 326-3592. Very truly yours, RAUL M. ROJAS Public Works Director ~ /, B• cques R. 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'~ ~ \ y j 1 _ ~ ~ ~, Z ' ~ '~ ~ ~ ~~ -- --- ~,00'SZt ----- ( + t~` ' . 9 ' 9t OZ 00 N 3 ~ ~` g ~Ot' l 00 N -~' OZ 9t 3 c~i o a z~ v ~, ~ $ . . , y+ ti , . , ;~~~ ~ a N~ 0 0 Q~ ,~ ri nN~~d J V ~ 3~~r 1 ri 1 + 00'Stl ~ - ,00'ZSt - -,~ 9L'SOt 9l'CLl I _____ ~ 9oa~ 'aN i~vai aid fur •s~ a3dr~is 310Ndlril NI 1N3nnNOn ~~>~NO~ aNno~ ~ 1 I ~nn~~,lr 11 ,t6'aS9 3 .OZ,8t.00 N E9 3Jtfd l~ ~Sd~YV d0 sE x006 ~~6~ ~~~ ~~~~~ 1 ~ 9061 'ON l0Yii1 aid f ltt 'S`1 03drnllS I 3lOHdf1Y'! ~ iN3nnran 3J,3?,pN00 aNnO~ I ~~ B A K E R S F I E L D PUBLIC WORKS DEPARTIviENT lSO1 TRUXTUN AVENUE $AKERSFIELD. CALIFORNIA 93301 (80S13Z6.37Za RAUL ~1. R01AS, DIRECTOR ~ CITY ENGINEER February 9,1995 Telstar En~neerin~ Inc. 53010ffice Park Drive, Suite 1~ Bakersfield, California 93309 ATTN: Carl Moreland Re:1~Iaintenance District foc Tract No. ~~91. Dear Mr..~toreland: Pnc~r to recordation of the Final liiap, one requirement is to form a maintenance district for the above named tract. The City received your letter dated July I5, 1994 requesting the formation. of a maintenance district.. and has since been tracking your. pro;ress. Now that the annexation is completed we can proceed with the formation of the district. Before the ,City can proceed we will need: either payment of X1350000 plus X3.00 per lot (with. a computer disk provided with subdivision rnap information using. autocad software) or ~15~0.00 plus X13.00 per lot (with no computer:disk}. We will also need to get a letter. from the developer waiving his right to a protest hearing, (see example). This will help expedite the formation of this district. Lr the property owner does not waive the hearing, the Bro~rn Act requires .the. City to hold two hearings with. forty: five days notice of said hearings. -- Should you. have any questions or comments, please call John Stinson at (805} 326.3592.. :Very-truly yours, RAIJ'L M. ROJAS Public Works Director ~ /. B• ~ _ cques R. LaRochelle Design Engineer ~Attachrnents P : ~ letters~nxiform. ltr 1R1.: jas:;as Recording requested by and when recorded mail. to: City of Bakersfield City Clerk's 0~ice 1501 Truxtun Avenue Bakersfield, CA 93301 THIS SPACE FOR RECORDER'S USE ONLY Tract No. 5_334 Lots 11-_ COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT THIS COVENANT is executed on this ~ 2. day of ,199, by C. a_Qe Homes, a California Comar~ ion (hereinafter, "Owner"), in connection with (Interim) Maintenance District 1-11, located in the City of Bakersfield, California. The real property herein described will be located within Tier 1 of (Interim} Maintenance District 1-11, and may be 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 within 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 District No. 1-11 be merged with the Consolidated Maintenance District Beginning July 1, 1996. It is anticipated that merging of Maintenance District No.1-11 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: TRACT N0. 5334 LOTS 1 THROUGH lb Dated this 2 2 day of /-~ UT ~S' T' , 199~~. Owner(s)lDeveloper(s): ,~ City of Bak~ersfiekl: Carriage Homes, a California orporation ~~-':~,,~~,/'~ ~~'~ ~a .Rojas Public Works Director Wayne aughn Sr.. President NOTE: All owner(s)ldeveloper(s) signatures most be notarized. PW-jas p:~~m.~w NOTICE OF EXEMPTION T0: County Clerk Appendix I COUHTY OF KERN 1415 Truxtun Avenue Bakersfield CA 93301 Project Title: Maintenance District 1-11 ~Interim~_ Project Location-Specific: generally bounded by a line 1/8th of a mile south of Palm Avenue on the north, a line 1/4 mile east of Jewetta Avenue on the east, a line 990 feet north of Brimhall Road on the south and Jewetta Avenue on the west. Project Location-City: Bakersfield Project Location-County: Kern Description of Project: Maintenance of public street and median landscaping 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 (f } Statutory Exemptions. State code number. Reasons why project is exempt: Minor alteration in land use limitations with formation of Maintenance District, CE A guideline,, City of Bakersfield Resolution No. 212-92. Lead Agency Contact Person:Marian Shaw Area Code/Telephone/Extension:(805} 326-3579 If filed by applicant: 1. Attach certified document of exemption f iriding. 2. Has a Notice of Exemption been filed by the public agency approving the project? Yes x N4 S i a ~ s~ • gn ture . Date . /~ ~"C~ Title : C~ ~~ ~ ~~ ,~r~z°e~-- x S'gn d by Lead Agency Date received for filing at OPR: x S ed by Applicant NOTICE OF EXEMPTION Appendix I T0: County Clerk COUNTY OF KERN 1415 Truxtun Avenue Bakersfield, CA 93301 Project Title: Maintenance District 1-11 (Interim). Project Location-Specific: generally bounded by a line 1/8th of a mile south of Palm Avenue on the north, a line 1/4 mile east of Jewetta Avenue on the east, a line 990 feet north of Brimhall Road on the south and Jewetta Avenue on the west. Project Location-City: Bakersfield Project Location-County: Kern Description of~ Project: Maintenance of public street and median landscaping 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 (,f ) Statutory Exemptions. State code number. Reasons why project is exempt: Minor. alteration in land use limitations with formation of Maintenance District, CEQA guideline, City of Bakersfield Resolution No. 212-92. Lead Agency Contact Person:Marian Shaw Area Code/Telephone~Extension:(805} 32b-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 Signature: Date: Title: x Signed by Lead Agency Date received for filing at OPR: x Signed by Applicant NOTICE OF EXEMPTION T0: County Clerk COUNTY OF KERN 1415 Truxtun Avenue Bakersfield, CA 93301 Project Title: Maintenance District 1-11 ~Interim)_ Appendix I Project Location-Specific: generally bounded by a line 1/8th of a mile south of Palm Avenue on the north, a line 1 /4 mile east of Jewetta Avenue on the east, a line 990 feet north of Brimhall Road on the south and Jewetta Avenue on the west. Project Location-City: Bakersfield Project Location-County: Kern Description of Project: Maintenance of public street and median landscaping 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(f~ Statutory Exemptions. State code number. Reasons why project is exempt: Minor alteration in land use limitations with formation of Maintenance District, CE A guideline) City of Bakersfield Resolution No. 212-92. Lead Agency Contact Person:Marian Shaw Area Code/Telephone 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 Signature: Title: x Signed by x Signed by Date: Lead Agency Date received for filing at OPR: Applicant RESOLUTION NO. 19 2 - 9 5 A RESOLUTION ESTABLISHING MAINTENANCE DISTRICT NO. 1-11 (INTERIM), CONFIRMING THE ASSESSMENT AND AUTHORIZING COLLECTION OF ASSESSMENTS BY THE KERN COUNTY TAX COLLECTOR (JEWETTA/BIRCHAVEN) WHEREAS, the City Council of the City of Bakersfield, State of California, heretofore by Resolution of Intention No. 1140, adopted Novemberg 29,1995, declared its intention to order the establishment of a maintenance district, preliminarily adopted, confirmed and approved the Public Works Director's Report, 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 forces or private contractor. Said District shall be designated Maintenance District No.1-11, as shown and designated on that certain map entitled Map and Assessment Diagram for Maintenance District No. 1-11, City of Bakersfield, California for Fiscal Year 1995-1996 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 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. 1-11 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 procedure is that all new districts formed during the fiscal year, including Maintenance District No.1-11, 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 f ollows: 1. The foregoing recitals are true and correct and incorporated herein by reference. 2. The Council hereby establishes Maintenance District No. 1-11, and confirms and adapts 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.1-11. ~~ ~' ,~~ ~~`~~_ ~ .:~~;~:7 4. The assessment for Maintenance District No.1-11, shall be the total sum of $0.00 for the 1995-96 fiscal year. The benefit formula (Exhibit "C") budget for Maintenance District No. 1-11 (Exhibit "D"), and assessment roll for Maintenance District No. 1-ll Exhibit "E") are attached hereto and incorporated herein by reference. ( 5. The Kern County Tax Collector is hereby authorized to collect assessments for Maintenance District 1-11 as an interim district and when it is merged with the Consolidated Maintenance District. 6. Beginning in the .1996-97 fiscal year and each fiscal year thereafter, the Public Works Director is hereb directed to prepare an Annual Report, as provided in y Chapter 13.04 of the Bakersfield Municipal Code, and file it with the City Clerk within the time allowed for lacement of assessments on the County tax rolls for the applicable fiscal p year. Upon filing of the annual Report, the Clerk shall set a hearing before the City Council and give Notice of Hearing in the manner prescribed in Chapter 13.04 of said Code. 7. The City Council hereby reserves the right to perform the work of maintenance and operation of the public improvements by City forces or by .private contractor. Such determination and election is to be made for each year at the time the budget and assessment is approved for the year in question. ----------000----.---.- ~~ ~ ~~' ~~~~~~~ I HEREBY CERTIFY that the f oregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on DEC 13 1~5 , by the following vote: i rr~ ~~• SMITH M~~: t#, SU~YAN, SALVAGGlO AYES; COUNCiU+~EMBER DeM4N0, ~~ ~ ( ~ c• (3UN~1lMEMBER ~ C r•~E,a. C ABSTAIN; COUNCILMEMBER p~NT; C4UNCIlM~MBER CITY CLERK and Ex tcio Clerk of the Council of the City of Bakersfield APPROVED: DEC 13 1gg5 BO PRICE MAYOR of the City of Bakersfield APPROVED as to form: JUDY K. SKOUSEN CTI'Y ATTORNEY of the City of Bakersfield Attachments Exhibit "1" Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" P:I~indiitl~~t~blt•11 i•= " ~i' ~ ~~~~ ~+"~R. ~ i~ ~rl ..• f,.. ~-.., ~,.. City of Bakersfield PUBLIC WORKS DIRBCTOR'S REPORT MAII~ITTENANCE DISTRICT N0. 1-11 (INTERIM) Fiscal Year 1995-1996 WHEREEAS, on WEDNESDAY, November Z9, 1995, the Council of the City of Bakersfield adopted its Resolution of Intention No. 1140 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 8akersf field, 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 D_ec, tor' s Report City of Bakersfield, Maintenance District No. 1-11 (Interim), is generally described as a district bounded by a line 1/8th of a mile south of Palm Avenue on the north, a line 1/4 mile east of Jewetta Avenue on the east, a line 990 feet north of Brimhall Road on the south and Jewetta Avenue 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 8akersf field, ref erred to as the Maintenance District Procedure, the Public Works Director makes and f 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 farms, shrubs, ground cover, trees, lighting, irrigation systems, elec~rical conduits, wiring, timers, walls and sidewalks. The assessment includes the cost of necessary repairs, replacement, water, electr+city, 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, EXBIBIT "1" -1-- ~~`~ ~~ ~ ~~ ~ ~. ~: ~~ ~~~~~~z 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. 1-11 (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 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 residential development is $100.44 per Equivalent Dwelling Unit based on full build out of the benefit area at existing zoning, using 1995 dollars and 1995 Parks Department maintenance .and overhead costs. The district will ,consist of residential development, 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 an 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- A /~ ~•~} ~ ~~ k~ ~~~~, ~ ~"' ~ ~~^ ~+ ~..= ~t~.iA•~.~~ NOW THEREFORE, I, RAtiL 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 1995-9b 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. 1-11 (Interim}, subject to be assessed to pay the cost of maintenance and operation in said district. Dated : ~' 2~' /~ ~~~ RAUL M. ROJA Director of Public Works . City of Bakersfield -3- ~ ~~ ~. ~~ ~,~ 4~= ,~~ul~ ,ia`i~ MAINTENANCE DISTRICT 1-11 ( IrI'rERIM) ,~.~~ LEGAL DESCRIPTION A parcel of land situated in the City of Bakersfield, County of Kern, State of California, being a portion of Section 30, T 29 S, R 27 E, M.D.B. & M., and more particularly described as follows: Commencing at the west quarter corner of said Section 30, said point also being the intersection of centerlines of Palm Avenue and Jewetta Avenue, thence South 00° 48' 20" West, along the centerline of Jewetta Avenue, a distance of 659.94. feet to the northwest corner of Tract 5334, recorded August 24, 1995 in Book 42, Page 22 of maps in the office. of the Rern County Recorder, and the TRUE POINT OF BEGINNING; THENCE (1} South 89° 09' 57" East, along the north line of said Tract 5334, a distance of 655.90 feet, to the northeast corner of s-aid Tract; THENCE ( 2 } South 00° 50' 11" West, along the east line of said Tract a distance of 660.13 feet, to the southeast corner of said Tract; THENCE ( 3 } South 89 ° 08' 56" East, a distance of 523.61 feet; THENCE ( 4 } South 00° 52' 02" West, a distance of 330.14 feet; THENCE (5}.North 89° 08' 25' West, a distance of 914.57 feet; THENCE (6} North 00° 52' 02" East, a distance of 330.00 feet, to intersect the south line of said Tract 5334; THENCE (7} North 89° 08' S6" West, along said south line, a distance of 264.57 feet to the southwest corner of said Tract 53.34, also being the centerline of ,Jewetta Avenue; THENCE (8} North 00° 48' 20" East, along the centerline of Jewetta Avenue, a distance of 659.95 feet to the northwest corner of said Tract 5334 and the TRUE POINT OF BEGINNING. ElCHIBIT "A" ~. ~:~~~' ~~ ~; ~ ~~~ ~ ~+~ }~ w. t /a COR. SEC. 30, Z9/Z7 a~ v~ DISTRfCT BOUNDARY 3 0^ Y'J O 0 N.E. COR, OF THE S,w. i /4 523.61' _ 131.94' ~ ~ M W 4 3 N ~ o N AIM ~ p r'? N Q N 6 5 ~ ~ 0 N 131.94 al 0 o~ ~ ~C/l BRI~IHALL ROAD S.W. COR. SEC. 30, Z9/Z7 S.E. COR. OF THE S.W. 1 /4 C~ =E $.W. 1 /4 OF .SEC. 30, 29/27 ara N TMc aA+oc ff TMc arr aaac ~ ._.._ oAY ~ _ ~Ne- CfiY Cl~'11f OF i1E Q1Y ff BAI~IA CAL~~NA AN AS3C34R11[ ~i. ItVND /Y 1F! 0'~ CaM4 a! 1!N tiAR Pews ~+o rMans ff uNO ~ a~ ttis Assc~ort ou-atw, s~o ~s~t Ms tev~ aM 1ME __._ oAY ff ,~_._._.._.. t~ s+~a a~oRw+ Na 14E AST ~. X71[ Ii~O~CEp N i!t OF'RCE OF 1i~ OttAR11N11T Q ~~ N~ ff S~0 Qn aul~11E ..~ aAr ff ~~~r~ -~ 11l6. ~ MAQ ~"9N'J11 IuOlt IELOIOED M 1F[ ~ ff M OQM'f11'JIT t~ n,euc wo~v ra TMc oucr wain a uar ~ `. ~crwsT E1~o+ -A11~L ff UIND 9gM1 al M4 I1! pAGlAit cm- ae~c aP n[ orr a e~~aa cx~aNA -x®ra ~o TMa ___. oAY a ,~a- ,-~ __,_.. _,,-~, ~ eoac ___._ a~ ~T ORSwIC'1S At PAff ~ N M ~ ~' 1i~ COkMR ff M COIAiTI ff IffJ1R, AAIE ff CAL~OIMA ~ YAQLfS fl0u11Y AMID - IEC!/IOl# K aEi DEPl11Y IEgdN~ +~aoiom sr ~ arc a ~ oar ~ Pueuc ro~a n,is _.,__ SAY aP ins gAlfflfff3A, GN~'OMp ~~~ !~' At 11Z3J~N set ~ ~ ~ i i ~~ i .~ ~` ~~ MAINTENANCE DISTRICT 1-11 (INTERIM) CITY OF aAKERSFIELD 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. ~1) = Sxaxt b EXHIBIT "C" Page 1 ofd ~~ ~ ~~ ~, $~ ~ ~~ ~. ~~ ~ ~.. ~..,,.,. EQUIVALENT DWELLING UNIT (EDUl 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 Dwelling Unit R-2, R-3 Undeveloped R-2, R-3 0.71/unit Number of units shall Non Residential Mobile Homes in parks (..Rent Space) Mobile Homes in subdivisions Owner) Mixed Use V : JONNI ~IAINOIST 1 FORYUta111Dt • 11 equal the acreage multiplied by 12 rounded down to the nearest whole number. 6/acre Rounded to nearest .O1 0.71/unit 1.00/unit Each calculated per the above. EXHIBIT "C" Page Z a ~ ~°`~,~~ °, ~. ~,:,-{ ~"^ ~N.. .r~ EXHIBIT'D' MAINTENANCE DISTRICT H0,1-11 (i NTER I M) SAID ASSESSMENT IS MADE IN ACCORDANCE 1NiTH THE BENEFIT FORMULA ATTACHED HERETO. 1995 - 1996 BUDGET Gross Budget Amount Required $0.00 (City Staff Services or Cont-ect Supplies, Materials, Utilities, and Overhead Costa) Estimated Beginning Fund Balance j (Deficit) $0,00 Less: City Contribution $0.00 NET AMCIUNT TO BE ASSESSED $4.00 EXHIBIT "D' P•IMAINOISTtD(H181TS~lI1O1-11 D.WK1 f t? ~w, ~~ JAS ~ ~ ~~ .~. .,, ` .-- 6 r•r ~~ ,~•,'F EXH181T "En ASSESSMENT ROLL MAINTENANCE DISTRICT NO. 1-11 (INTERIM) FI SCAL YEAR 1995 - i 996 Assessment Parcel No. as shown on Map Total Exhibit "B' Assessment 110-120-06-00-5 $0.00 ~~ 110-120-36-00-2 $0.00 110-130-02-00-6 $0.00 Total $0,00 ate: ~ ? 1 t o I~-I City Clerk and Ex Officio CI of the Council of the City of Bakersfield EXHIBIT "E" Page 1 ~ ~~. t '~` ~~ ~ ~. ~ ; „~.. , . ~~ ~.. Calu2~GE HoM~5 P. O. Box 2353 Bu~RSFrEro, C~. g3303 ~~ugu~t ??,1995 City of Bakersfield Public Works Deparanern 1501 Truxtun Avenue Bakersfield, Ca. 93301 Atternion: Raul M. Rajas Public Works Director (805) 837-g581 FAX (805) 837-g584 Subject: CITY OF BAKERSFIELD INTERIM N[AINTENANCE DISTRICT Dear I~Ir. Rojas; Cie Homes, a California Corporation, as owner of Tract 5334, hereby requests the fornation of an Interim Maintenance District for the property. I understand that I have a right to file protest at a hearing to be held at a time and place to be set by the resolution establishing the Interim Maintenance District. I am also in receipt of the Covenant Disclosing Inclusion in a Maintenance District, which includes the ma~~num maintenance assessment for the property within Tract 5334. 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 panel of property to be ass~~;sed. By my ~~ on this. letter, Carriage Homes hereby waives the right to the ..public hearing and the protest hearing requireed by Chapter 13.04 of the Bakersfield Municipal Code and the .Brown Act. Very truly yours ,•-""' ~ Sharon J. Spanke Vice-president /sjs ~.~.~~ ~~ ~ ~~,. ~ ~,~ ~ ~~ ~_ ~ ,~ C~r~cE Ho~~rEs P. o. Box ?~~ ~3 B4-I.h~RSFIFLD, C.-~. C~3~~~3 Qctober 9.1995 City of Bakersfield Public Works Department 1 X01 Truxtun .venue Bakersfield. Ca. 9301 :attention: Raul 1~1. Rojas Public Works Director +~ ~r v F~~~ ~~~o;) ~~~1-~`,~~ ,. , ~~ +r~a r Subject: CITY OF BAKERSFIELD ItiTERL~i 1~1AI~iTE~:~~CE DISTRICT Dear 1~~r. Rojas: Carriage Homes. a California Corporation, as owner of Tract ~ ~ 9 ~ .herebv requests the formation of an Interim Maintenance District for the property. I understand that I have a right to file protest at a hearing to be held at a time and place to be set by the resolution establishing the Interim ~~antenance District. I am also in receipt of the Covenant Disclosing Inclusion in a Viaintenance District, which includes the maximum maintenance assessment for the property within Tract »97. I da 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 ot` property to be assessed. By my signature on this letter, Carriage Homes herebv ~~-•aives the right to the public hearing and the rotest hearing required by Chapter 13.0 of the Bakersfield Viunicipal Code and the Brown Act. P ~'erv truly yours. .. ~'~ cJ~..+~.a~-" Sharon 1. Spanke Vice-president sus ~°, ^ a.~ ~ `~ "'fit ~ ~ i~-- .,.. ~..° ~ ~: ~j Recording cegvest~ed b~ a od wt~o recorded ~. City of Bak~ersficid City Cleric's Ofi'ice 1541 Truxtoo Aveooe Bok~ersfield, CA 93301 THIS SPACE FOR RECORDER'S USE ONLY Tract No. 533~i Lots I t6roueh 1b COTENANT DISCLOSING INCLUSION IN :HAiNTEN~'VCE DISTRICT THiS COVENANT is executed on this % r. day of ,A ~% ~%.~ ?' .199`, by Carriage Homes. a California Corporation (hereinafter, "Owner"), in connection with (Interim) Maintenance Distract 1-I1. located in the City of Bakersfield. California. The real property herein described will be located within Tier 1 of (Interim} Maintenance Distract 1.11. and may be assessed for maintenance of public landscaping on public rights-ot•way within the distract. Although this property may have been assessed a Lesser amount in the present tax year, the ultimate estimated annual assessment tot maintenance of public landscaping within this tier. based on full buildout of this district. is S1o0.oQ per. single tanvly dwelling, based on 1994 dollars and. labor costs oi' the district. It is understood that it is the intent of the Public Works Department that said Maintenance District No. 1.11. be merged with. the Consolidated Maintenance District Beanning July 1. I99b. It is anticipated that merging of Maintenance District x'0.1.11 with the Consolidated Maintenance District will not aff~t 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: TRACT `0. 333 LOTS 1 I'~OUGH lb Dated this ~ ~ day of /-~ c1C ~1S'T .199~,,~. .~ ~. 4wner(s)/Dev~iopects): , - City of Bakersf~cld: Carriage Homes. a. California rporation ' -~ ~~/'~ Raui~ii. Rojas ~ Public ~~orks Director. Wayne aughn Sr.. President NOTE: All owoett s )Ideveioper~ s) signatores most be ootsrrted. Pw•1 as p:~,~~- ~ ~~~~ y~ 4 "~' r"" ~; :~ ~?~". 14 r-ih~ Recording requested by and when recorded mail to: City of BakersFeld City Clerk's Ofi'ice 101 Truxtun Avenue Bakersfield, CA 93301 THIS SPACE FOR RECORDER'S USE ONLY Tract No. 5597 Lots _1 t6rou~h 13 COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT THIS COVENANT is executed on this day of ,199, by ' ' ornia ;,o _„ra, lion (hereinafter, "Owner"}, in connection with Maintenance C_ arna~e Hornes, a Calif District 1-11 (interim), located in the City of Bakersfield, California. The real property herein described will be located within Tier 1 of Maintenance District 1-11 (Interim}, and may be 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 within this tier, based on full buildout of this district, is $100.00 per single family dwelling, based on 1995 dollars and labor costs of the district. It is understood that it is the intent of the Public Works Department that said Maintenance District No.1-11(Interim}, be merged with the Consolidated Maintenance District Beginning July 1. 199b. It is anticipated that merging of Maintenance District No. 1.11 (Interim), 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` O~waer(s)~Devetoper(s): City of Bakersfield: Carriage Homes, a California Corporation - Raul M. Rojas Public Works Director Wayne Vaughn Sr., President NOTE: All owner(s))devetoper(s) signatures must be notarized. ~~ ~=t~~'~~~, • ~B ~, ~~ ~~ . ~.,p,,,.~;~ + ~~ ADMINISTRATIVE REPORT _ .~ MEETING DATE: December 13, 1995 AGENDA SECTION: Consent Calendar ITEM N0: T0: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: November 27, 1995 APPROVED DEPARTMENT ~~EAD <. CITY ATTORNEY ~ (.'~F- CITY MANAGER SUBJECT: Resolution establishing Maintenance District No. 1-11 (Interim), confirming the assessment and authorizing collection of assessments by the Kern County Tax Collector (JewettaBirchhaven). (Ward 4). RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: 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 year will be interim districts and all interim districts will be merged into the Consolidated Maintenance District at the end of each fiscal year. The City Council. approved Resolution of Intention 1140 for preliminary approval of Interim Maintenance District 1-11 on Noverber 29, 1995. A written request has been received by the City Engineer from the owner of the property described in Tracts No. 5334 and 5597 to forma .maintenance district or to be included into an existing maintenance district. Such formation or inclusion is a condition of approval for the Tracts. This district will provide for the maintenance of public street landscaping. Staff recommends the formation of Maintenance District No. 1-11 (Interim) (Jewetta/Birchaven) generally bounded by a .line 1/8th of a mile south of Palm Avenue on the north, a line 114 mile east of Jewetta Avenue on the east, a line 990 f eet north of Brimhall Road on the south and Jewetta Avenue on the west. This. district will be under the street{median zone of benefit and assessed an amount for "Tier 1" when the street/median landscaping has been installed. The City of Bakersfield has received a letter from the property owners within Maintenance District No. 1-11, which waives all rights to a public hearing and to a protest hearing as required b the Y 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 f uture 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 for reference. jaslmdi~dminlmdl• l l .est November 27. 1995. 11:?7am RESOLUTION NO. A RESOLUTION ESTABLISHING MAINTENANCE DISTRICT NO. 1-11 (INTERIM), CONFIRMING THE ASSESSMENT AND AUTHORIZING COLLECTION OF ASSESSMENTS BY THE KERN COUNTY TAX COLLECTOR (JEWETTA/BIRCHAVEN) WHEREAS, the City Council of the City of Bakersfield, State of California, heretofore by Resolution of Intention. Na.1140, adopted Novemberg 29,1995, declared its intention to order the establishment of a maintenance district, reliminaril ado ted P Y p confirmed and approved the Pdblic Works Director's Report, 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 b Ci forces or rivate Y tY P contractor. Sand District shall. be designated Maintenance District No.1-11, as shown and designated on that certain map entitled Ma and Assessment Dia ram for Maintenance p g District No. 1-11, City of Bakersfield, California, for Fiscal Year 1995-1996 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 Report, including a budget, assessment formula, improvements to be maintained by the district, description of property and proposed assessments; and t~VIEiEREAS, the City of Bakersfield has received a letter from ,the sole property owner within Maintenance District ~ No. 1-11 ~~hich wa ~~ ~- . ~ is to a public hearing and to a protest hearing as re wired. by ~~n r [i hwa Code q g Y and Chapter 13.04 of the Bakersfi~'' ' ~+'HEREAS, the City ~ once District on June 29,1994, and the procedure fiscal ear, . ~ ~ Y including Maintenance District No. li ~ districts will be merged into the Consolidated Ma~ 1 ear. Y ~~ NO~V, THEREFORE, B~ ~ ~ he Ci of (~~ ? tY • ~ Bakersf geld, as .follows: '~ ~~ ~~'° ~~ ~, . 1. The fore oin recital ~~ e g g ~ rein by reference. '~ 2. The Council hereby ~ __~ loo. 1-11, and confirms and adopts the Public Works Dul , ~~~c.aed hereto as Exhibit 1 and inco orated herein b reference ' '~ ~ rp y ) includi~s one amounts of assessment for each assessed parcel, as set forth in the Public Works Director's Re ort. p 3. Exhibits "A" and "B" attached hereto and incorporated herein by reference describe Maintenance District No. 1-11. I HEREBY CERTIFY that the foregoing Resolution was passed and adapted by the Council of the City of Bakersfield at a regular meeting thereof held on .~ by the f ollowing vote: CITY CLERK and Ex 4t'ficio 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 CTI'Y ATTORNEY of the City of Bakersfield Attachments Exhibit "1" Exhibit "A'° Exhibit "B" Exhibit "C" Exhibit "D" F~hiblt '~Ett P:I~indist\~stabll•11 i~= 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 budgetdoes 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. 1-11 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 1995-9fi 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 residential development is $100.00 per Equivalent Dwelling Unit based on full build out of the benefit area at existing zoning, using 1995 dollars and 1995 Parks Department maintenance and overhead costs. The district will cans,ist of residential development, 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- 1~AINTENAI~CE DISTRICT 1-11 (INTERII~I LEGAL.DESCRIPTI4N A parcel of land situated in the City of Bakersfield, County of Kern, State of California, being a portion of Section 30, T 29 S, R 27 E, M.D.B. ~ M., and more particularly described as follows: Commencing at the west quarter corner of said Section 30, said point also being the intersection of centerlines of Palrn Avenue and Jewetta Avenue, thence South 00° 48' 20" west, along the centerline of Jewettd Avenue, a distance of 659.94 feet to the northwest corner of Tract 5334, recorded-August 24, 1995 in Book 42, Page 22 of maps in the office of the Kern County Recorder, and the TRUE POINT: OF BEGINNING; THENCE (1} South 89° 09' S7" East,-along the north line of said Tract 5334, a distance of 655.90 feet, to the northeast corner of said Tract.; THENCE (2) South 00° 50' 11" West,, along the east line of said Tract a distance of 660.13 feet, to the southeast corner of said Tract; THENCE (3 } South 89° 08' 56" East, a distance of 52.3.61 feet; THENCE (4} South 00° 52' 02" West, a distance of 330.14 feet; SCE (5} North 89° 08' 25' West, a distance of 91:4.57 feet• r THENCE (6 } North 00° 52' 02" ~Eas1~., a distance ~ of 330.0.0 feet to intersect the south line of paid Tract 5334; THENCE (7 } North 89 ° 08' S6" Y~1est, along said south line, a distance. of 264.57 feet to the .southwest corner of said Tract 5334, also .being the centerline of Jewetta Avenue; THENCE ~8) North 00° 48' 20" fast, alon the centerline of Jew.: . ~ g etta Avenue,. a distance of b~~9.95 .feet to the northwest corner of said Tract 5334 anc~, the TRUE POINT OF BEGINNING. EXHIBIT "A" MAINTENANCE DISTRICT 1-11 (INTERIM) CITY OF BAItERSFIELD 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 maintenaace and operation of the STREET LANDSCAPING (S) withia 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 EXHIBIT "C" Page 1 of Z EXHIBIT'D' MAINTENANCE DISTRICT N0.1-11 (INTERIM) SAID ASSESSMENT IS MADE iN ACCORDANCE. WITH THE BENEFIT FORMULA ATTACHED HERETO. 1995 - 1996 Gross Budget Amount Required $0.00 (Cii~- Staff Services a Contract, Supplies, M~iaia, Utilities, and Overhead Costs) Estimated Beginning Fund balance ~ (Deficit) $0.00 Less: City Contribution $0.00 NET AMOUNT TO 8E ASSESSED $0.00 EXHIBIT "D" P:IMAINOlST1EXH18RS111ID1-11 Q.WK1 JAS CARRIAGE HOMES P. O. Box2353 Bu~RSFrEZn, C.-~. g3303 .~ustust ??,1995 City of Bakersfield Public Works Department I Sol Tn~xtun Avenue Bakersstield, Ca. 93301 (805) 837-g581 FLY (805) 837-g584 attention: .Raul M. Rojas Public Works Director Subject: CITY OF BAKERSFIEi,D INTERIM N[~~INTEN~'~CE DISTRICT Dear ~-ir. Rojas; Cie Homes, a California Corporation, as owner of Tract 5334. hereby requests the formation of an Interun Maintenance District for the. property., 1 understand that I have a right to file protest at a bearing. to be held at a time and place- to be set by the resolution establishing the Interim Maintenance District.. I am also in receipt of the Coveuaiat Disclosing Inclusion in a Maintenance District, which .includes the maacimum mauntenance assessment for the property within Tract X334. I do -not intend to protest the formation of the district, the bduundaries of the district, the fairness of the benefit formula. or the amount. of the .assessment on any parcel of property to be assessed. By my signaaure on this letter, Carriage.. Homes hereby waives the right to the public hearing and the protest hearing required by Chapter 13.04 of the. Bakersfield Municipal Code and the Brown Act. Very tnily yours .. Sharon J. Spanke Vice-president f SjS Recond~ ~egeeatad bIr and abeo ra~onled msiii to: City of Bakersfield City Cteric's Office 1501 Tcuactoo Aveooe Bokrecsfield. C~ 93301 I THIS SPACE FOR RECORDER'S USE. ONLY Tract No. 5„ 33~ Lots 1. hron~ l 6 COVENANT DISCLtJSING INCLUSI(JN I~1 ~iAINTEN~'VCE DISTRICT THIS COV~IANT is executed on this ~ ~. day of ,4, ~%~ --~' .199, oy „Carnage Homes. a California Corporation (hereinafter, "Owner"), in connection with (Interim) lriaintenance Distnet 1-11. located in the City of Bakersfield, California. The real property herein described will be located within Tier 1 of (Interim) Maintenance Distract 1.11, and may be .assessed for maintenance of public iandscapin~ on public rights-of-way within the district. ~lthou~h this property may have been assessed a lesser amount. in the present tax year, the .. ~ .ultimate estimated annual assessment for maintenance of public landscaping within this tier. based ,, on full buildout of this district. is X100.00 pet single tatnily dwelDin~, based on 1994 dollars and labor costs of the district. It is understood that it is the intent of the. Public: Works Deparnnent that said Maintenance District No 1-ll be merged with the Consolidated ~aiYltenance District Beginning July 1. I99b. It is anticipated that merging of Maintenance Distnct'~~o.1.11 wick the Consolidated Maintenance District will not arfert the amount of ultimate estirnate~ annual assessment referenced above. This .covenant may- not be amended or modified without the priorapproval of the City of 8akersfie~d. This covenant- shall rune with the land. Pro a descn lion: TRACT `0 . ~ 3 3 ~ LOTS 1 ~ ~.oL'GH 1 b P nY P Dated this Z Z day of /-~ t1 ~ C1~ T . 199~~: ____ ~~. Owoer(s)IDevelopetl s): , - City of Bakersfield: Carnage Homes. a California rporarion ~ -~ ~A~~~ ,,._, Rau~~iGi. Rojas ~ ~ Public ~Vorhs Director. ~Vavne'Vau~hn Sr.. PresKient NOTE: All o~-oeti s )IdeveloQet~ s 1 signstates most be ootsri~ed. FVV-has p:~~- o~ ~~ ~ ~ ~o ~ f ~ ~ r 4' U d ~~ ~ C1 ~ lL~ ~~IFO 1 MEETING DATE: November 29,1995 AGENDA SECTION: Consent Calendar ITEM N0: T0: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: November 8, 1995 CITY ATTORNEY CITY MANAGER SUBJECT: Resolution of Intention No. 1140 declaring the City's intention to establish Maintenance District No.1.11(Interim), (Jewetta/Birchaven , reliminaril ado tin . ) p Y p 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 Tract No. 5334 and 5597 to form a maintenance district or to be included into an existin . .. g maintenance district as condition of approval for the tract. This district will rovide for the . p maintenance of public street landscaping. Staff recommends the formation of Maintenance District No.1-11, (JewettaJBirchaven} generally bounded by line 18th of a mile south of Palm Avenue on the north, a line 1/4 mile east of Jewetta Avenue on the east, a line 990 feet north of Brimhall Road on the south and Jewetta Avenue 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. This district will be merged into the Consolidated Maintenance District at the end of the 1995-9b fiscal year. This district will be under the street and median zone of benefit and when median landscaping has been installed, assessed an amount for "Tier 1". The City of Bakersfield has received a letter from the owner of the roe described in Tract No. p P ~Y 5334 and 5597 which waives all rights to a public hearing and to a protest hearin as re wired b g q Y the Brown Act and Chapter 13.04 of the Bakersfield Municipal Code. This allows the Ci to • ~' expedite the formation of the district, to satisfy the subdivision requirement. In order to provide future homeowners with disclosure regarding the pro osed maintenance district . p 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 tract. A co of this pY covenant is attached for reference. P:,maindist\admin~md1-11.ROI jas November 8.1995, 9:20am RESOLUTION OF INTENTION N0. 1140 A RESOLUTION DECLARING INTENTION TO ESTABLISH MAINTENANCE DISTRICT N0. 1-11 (.INTERIM), (JEWETTA~SIRCHAVEN) 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 o.f Title 13 of the Municipal Code of the City of Bakersfield provides for an alternative procedure by which the City Council may provide far 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. 1-11 (,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. 1-11 (Interim), Exhibit "B," on f ile in the off ices 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 Tract Map No. 5334 and proposed Tract Map No.5597 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. HOW THERE-FORE, 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 Off-ice 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,. 1-11 (Interim), Bakersfield,. California, for Fiscal Year 1995-95," 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 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 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~MD1-11.ROI 8~29~95 Attachments: Exhibit "1" Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" -3- City of Bakersfield PUBLIC WORKS DIRECTOR'S REPORT MAINTENANCE DISTRICT N0. 1-11 (INTERIM) Fiscal Year 1995-1996 WHEREAS, on WEDNESDAY, November 29, 1995, the Council of the City of Bakersfield adopted its Resolution of Intention No. 1140 to order the establishment of a maintenance district pursuant to the provisions of Chapter 13.04 of Title I3 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. 1-11 ~Interim~, is generally described as a district bounded. by a line 1/8th of a mile south of Palm Avenue on the north, a line 1/4 mile east of Jewetta Avenue on the east, a line 990 feet north of Brimhall Road on the south and Jewetta Avenue 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 aad 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 far 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, EXHIBIT "1" -1- in 19 7 8 , 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. 1-11 (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 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 for residential development is $100.00 per Equivalent Dwelling Unit based on full build out of the benefit area at existing zoning, using 1995 dollars and 1995 Parks Department maintenance and overhead casts. The district will consist of residential development, 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 an,d incorporated herein as though fully set forth, upon all parcels of property within Maintenance District No. 1-11 ,(Interim), subject to be assessed to pay the cost of maintenance and operation in said district.. Dated: RAUL M. ROJA5 Director of Public Works City of Bakersfield -3- MAINTENANCE DISTRICT 1-11 ~INTERIM~, LEGAL DESCRIPTION A parcel of land situated in the City of Bakersfield, County of Kern, State of California, being a portion of Section 30, T 29 S, R 27 E, M.D.B. & M., and more particularly described as follows: Commencing at the west quarter corner of said Section 30, said point also being the intersection of centerlines of Palm Avenue and Jewetta Avenue, thence South 00° 48' 20" West, along the centerline of Jewetta Avenue, a distance of 659.94 feet to the northwest corner of Tract 5334, recorded August 24, 1995 in Book 42, Page 22 of maps in the office of the Kern County Recorder, and the TRUE POINT OF BEGINNING; THENCE (1} South 89° 09' 57" East, along the north line of said Tract 5334, a distance of 655.90 feet, to the northeast corner of said Tract; THENCE ( 2 ) South 00° 50' 11" West, along the east line of said Tract a distance of 660.13 feet, to the southeast corner of said Tract; THENCE (3) South 89° 08' 56" East, a distance of 523.61 feet; THENCE (4) South 00° 52' 02" West, a distance of 330.14 feet; THENCE ( 5 ) North 89 ° 08' 25' West, a distance of 914.57 feet; THENCE ( 6 } North 00° 52' 02" East, a distance. of 330.00 feet, to intersect the south line of said Tract 5334; THENCE (7) -North 89° 08' S6" West, along said south line, a distance of 264.57 feet to the southwest corner of said Tract 5334, also being the centerline of Jewetta Avenue; THENCE ($) North 00° 48' 20" East, along the centerline of Jewetta Avenue, a distance of 659.95 feet to the northwest corner of said Tract 5334 and the TRUE POINT OF BEGINNING. EXHIBIT "A" MAP AND ASSESSMENT DIAtaRAM FOR MAINTENANCE DISTRICT N0.1-11 ~ ptY~ERlM) BAKERSFIELD, CALIFORNIA ~~: ,•- ~~~ ~ W. 1/4 COR. SEC. 30, 29/27 rn of S 89'09'57" E 655.90' f6 15 ~ Cr 2 "' o J4 V 3 ~ TRACT N0. 3 4 ~ ~ ~ 4 .DISTRICT BOUNDARY ~ °f ~ 3 ~ ~ 11 12 13 q 5 co [~•, 6 ,°n R ~ ~ 91RCHAVB'N AVENUE ~, '1 /-I--' 10 9 8 7 ~ N.E. COR. OF THE S.W. 1 4 S 89'08'56" E 523.61' 8 , W , ' o 268 56' ~ 131.94 ~ W o 13 14 ~ 1 2 3 O ~ ~ ~ 0 M W ~~ w I ~ ~ 12 J ~ 4 3 0 ~ • N N ARTI ST COURT N O M N - - ~ ~ t+j Z T ACT N0 ~~~ o "' o . ~ ° 11 10 9 8 7 6 5 0 Z ~ z 264.21' _.__ ~ N 89'08'25' W 914.57 131.94 ~ ao in ~ of o ~ rn rn rn C/L BRII~Hl~.L ROAD ~~. ~~~ ~ S.W. COR. SEC. 30, 29/27 S.E. COR. OF THE S.W. 1 /4 OF THE S.W. 1 /4 OF SEC. 30, 29/27 FILED N THE OFFICE OF THE aTY CLERK THIS oAlr ~®~ RECORD THIS DAY aF OF 1893. 149Do A'd _,11.~ N BOOK OF ASSESSMENT DlS1NCT5 AT PAGE D 1HE OFFICE OF THE COIAdTY RECORDER OF 1HE COUNIY OF KERN, STAIE OF CAtJF'ORNA. CITY CIERK OF lif aTY OF BAKEASf1El0. CIWFORNIA ~lAI~IES W. MAPLES COI~iTY AS9ES9OR -RECORDER BY AN AS5ES5MENT wAS ~ BY TFIE aTY COUiCK. ON 1HE LO1Sr CHEF DEPUTY RECDROER PE'CES AND PARCELS OF LAND St1OwN ON 1HR ASSES511ENT DUGRAU. SAID ASSESSAEtIT MIAS LEVER ON 1HE DAY OF 1~SC SAD ASSFS9rE11T gAGRAM AND RECORDED M THE OFFICE Oi 1HE DEPARTfrQlT Of PUBIC N~ORI(S THE AS~iT ROIL MERE RECORDED M THE OFFK~ OF 1HE 1lNS DAY OF . t ~S. OEPARIMENT OF PUBIC WORKS a'' SAD CRY ON TiE DAY QF . 1!193. REFERENCE IS MADE Td THE ASSt'SSIrE>'IT ROLL RECORDED N THE OFFICE OF T?f DEPARII~lT OF ORECTOR OF PUBLIC MIORKS PUBLIC MIORKS FOl! THE [XACT AMOUNT OF EAai A55ESSLIENT LENED BAKER~10. CAIFGR~MA ACAN~ST EACH PARCEL OF lANO SHOMr ON 1HIS ASSESSI~I~IT DIAGRAM. EXHIBfT 'B~ FltF: 1133JOHN SHEET t o~. t - MAINTENANCE DISTRICT 1-11 (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 Dwellin Units g (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 EXHIBIT "C" Page 1 of 2 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 Dwelling Unit R-2, R-3 Undeveloped R-2, R-3 0.71/unit Number of units shall equal the acreage multiplied by 12 rounded down to the nearest whole number. Non Residential 6/acre Rounded to nearest .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:JOHNIMAINDISTIFORI~ULA11~D1-11 EXHIBIT "C" Page ~ of 2 EXHIBIT 'D' MAINTENANCE DISTRICT NO. 1-11 (INTERIM) SAID ASSESSMENT IS MADE IN ACCORDANCE WITH THE BENEFIT FORMULA ATTACHED HERETO. 1995 - 1996 Rl1tlGFT Gross Budget Amount Required (City Staff Services or Contract, Supplies, Materials, Utilities, and Overhead-,Costs) Estimated Beginning Fund Balance / (Deficit) Less: City Contribution NET AMOUNT TO BE ASSESSED P:IMAINDISTIEXNIBITSiN~1-11 D.WK1 JAS $O.oo $o.oo $o.oo $o.oo a EXHIBIT "D" . EXHIBIT "E" ASSESSMENT ROLL MAINTENANCE DISTRICT NO. 1-11 (INTERIM) '` FISCAL YEAR 1995 - 1996 Assessment Parcel No. as shown on Map Total Exhibit "B" Assessment 110-120-06-00-5 $0,00 110-120-36-00-2 $0,00 110-130-02-00-6 $0.00 Total Date: yrv,vv City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield EXHIBIT "E" Page 1 C~R~G~ Ho~r~s P. O. Box2353 B.u~RSFIELD. Ca. g3303 August 22,1995 City of Bakersfield Public Works Department 15 O 1 Truxtun Avenue Bakersfield, Ca. 93301 Attention: Raul M. Rojas Public Works Director (aos) 837 gs81 FAX (805) 837-g584 Subject: CITY OF BAKERSFIELD INTERIM N[AINTENANCE DISTRICT Dear Mr, Rojas;. Carriage Homes, a California Corporation, as owner of Tract 5334, hereby requests the formation of an Irate .rim Maintenance District for the property. I understand that I have a right to file protest at a hearing to be held at a time and place to be set by the resolution establishing the Interim Maintenance District. I am also in receipt of the Covenant Disclosing Inclusion in a Maintenance District, which includes the mum maintenance assessment for the property within Tract 5334. 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 my signature on this letter, Carriage Homes hereby waives the right to the public hearing and the protest hearing required by Chapter 13.04 of the Bakersfield Municipal Code and the Brown Act. Very truly yo -.~~_ Sharon J. Spanke Vice-president /sjs ~- CARRIAGE HOMES P. O. Box 2353 (405) 837-8581 B.u~ERSFIELD, C.~. g3303 FAX (806) 837-go8~ October 9,1995 City of Bakersfield Public Works Department 1501 Truxtun Avenue Bakersfield. Ca. 93301 :attention: Raul M. Rajas Public works Director • ~ -;~{~~ Subject: CITY OF BAKERSFIELD INTER.L~i MAIivTE~ANCE DISTRICT Dear Mr. Rojas; Carnage Homes. a California Corporation, as owner of Tract 5 597. hereby requests the formation of an Interim Maintenance District for the property. I understand that I have a right to file rotest .. p at a hearing to be held at a time and place to be set by the resolution establishing the Interim 1~iaintenance 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 Tract 5597. 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 on this letter, Carriage Homes herebv waives the rift to the public hearing and the protest hearing required by Chapter 13.04 of the Bakersfield Municipal Code and the Brown Act. Very truly yours. ~.., . r Sharon J. Spanke Vice-president :~s~ s Recording requested by and when recorded mail to: City of Bakersfield City Clerk's O~ftee 1501 Truxtun Avenue Bakersfield, CA 93301 THIS SPACE FOR RECORDER'S USE ONLY Tract No. 533 Lots 1 tbrnu t~~ l,b COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT THIS COVENANT is executed on this ? ~ day of Q uG ~~?' ,199, by Carnage Homes, a California Comoration (hereinafter, "Owner"), in connection with (Interim} ~Viaintenance Distract 1-11. located in the City of Bakersfield, California. The real property herein descrabed will be located within Tier 1 of (Interim) Maintenance Distract 1-11, and may be 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 within this tier. based on full buildout of this district. is 5100.00 per single famiiv dwelling, based on 1994 dollars and labor costs of the distract. It is understood that it is the intent of the Public Works Department that said Maintenance Distract No. 1-11 be merged with the Consolidated Maintenance District Beginning July 1, 199b. It is anticipated that merging of Maintenance District No. l-lI with the Consolidated Maintenance Distract 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: TRACT v0. 5334. LOTS 1 T3HOUGH 16 Dated this 2 2 day of ~.1G C1~ST _. 199~~. O~vner(s)/Developer(s): ~ City of Bakersfield: Carriage Homes, a California rporation ' ~ ~.~~'c~ Ra .Rojas Public Works Director. Wayne aughn Sr.. President NOTE: A!1 ownecls)Ideveloperls) sigaatntes must be notarized. PW-Ias P:~~.o~- `~~~ 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 Tract No. 5597 Lots 1_ through 13 COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT THIS COVENANT is executed on this day of ,199_, by C_ge Homes, a California Corporation (hereinafter, "Owner"), in connection with Maintenance District 1-11 (Interim), located in the City of Bakersfield, California. The real property herein described will be located within Tier 1 of Maintenance District 1-11 (Interim}, and may be 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 within this tier, based on full buildout of this district, is $100.00 per single family dwelling, based on 1995 dollars and labor costs of the district. It is understood that it is the intent of the Public Works Department that said Maintenance District No.1-11(Interim), be merged with the Consolidated Maintenance District Beginning July 1, 1996. It is anticipated that merging of Maintenance District No. 1-11 (Interim), 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. OwBer(s)/Developer(s): Carriage Homes, a California Corporation City of Bakersfield: Raul M. Rojas Public Works Director Wayne Vaughn Sr., President NOTE: All owners}/developer(s) signatures must be notarized. PW has P:~intrl-~~.~ 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 Tract No. 5334 Lots 1__ thrnu h 16 J~ ~~t~2 ~-r ~^ ~~~~~~ COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT THIS COVENANT is executed on this day of ~ ,199 , by Carriage Homes, a California Corpor_ anon (hereinafter, "Owner"), in connection with (Interim) Maintenance District 1-11, located in the City of Bakersfield, California. The real property herein described is located within Tier 1 of (Interim) Maintenance District 1-11, 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 within 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 District No.1-11 be merged with the Consolidated Maintenance District Be 'nnin Jul 1,1996. l~ g Y It is anticipated that merging of Maintenance District No.1-11 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)JDeve oiler s): City of Bakersfield: Carriage Homes, a California Corporation Wayne Vaughn Sr., President. Raul M. Rojas Public Works Director NOTE: All owner(s)/developer(s) signatures must be notarized. PW-~ as P:litermi.cov Recording requested by and when recorded mail to: City of Bakersfield City Clerk's Once 1501 Truxtun Avenue BakersField, CA 93301 THIS SPACE FOR RECORDER'S USE ONLY Tract No. 5597 Lots 1 t____hrou, h 13 COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT THIS COVENANT is executed on this day of ,199 by .Carriage Homes a California, Corporation (hereinafter, "Owner"), in connection with Maintenance District 1-11 (Interim), located in the City of Bakersfield, California. The real property herein described will be located within Tier 1 of Maintenance .District 1-11 (Interim), and may be assessed for maintenance of public landscaping onpublcrights-ofway 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 within this tier, based on full buildout of this district, is $100.00 per single family dwelling, based on 1995 dollars and labor costs of the district. It is understood that it is the intent of the Public Works Department that said Maintenance District No.1-11(Interim), be merged with the Consolidated Maintenance District Beginning July 1, 199b. It is anticipated that merging of Maintenance District No. 1-11 (Interim), 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)/Developer(s): City of Bakersfield: Carriage Homes, a California Corporation Raul M., Rojas Public Works Director Wayne Vaughn Sr.,. President NOTE: All owner(s)/developer(s} signatures must be notarized. PW-jas P:u~tri-ii.~ Recording cegoeated by and when recorded mail to: City of Bakersfield City Clerk's Ofi*ice 1501 Truxtan Avenoe Bakersfield, CA 93301 THIS SPACE FOR RECORDER'S USE ONLY Tract No. 5334 Lots 1 through lb COTENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT THIS COVENANT is executed on this 2 ? day of ,~,~_,199~, by Carriage Homes. a California Corporation (hereinafter, "Owner"), in connection with (Interim) Maintenance- District 1.11, located in the City of Bakersfield, California. The real property herein described will be located within Tier 1 of (Interim} Maintenance District 1.11, and may be assessed for maintenance of public landscaping. on public tights~f-way within the district. Although this property may have been assessed a lesser amount in the present tact year, the ultimate estimated annual assessment for maintenance of public landscaping within. this tier. based on full buiidout of-this district. is 510(}.00 per single family dwelling, based on 1994 dollars and labor. costs of the district. It is understood that if is the intent of the Public Works Department that said Maintenance District No. 1-11 be merged with the Consolidated .Maintenance District .Beginning July 1,199b. It is anticipated that merging of Maintenance District Na.1.11 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: TRACT N0. 533.4 LOTS 1 THROUGH lb Dated this Z Z day of /-~ U~ ~1S j' . 199~~. Owner(s)/Deveiopet{s): r City of Bakersfield: Carriage Homes, a California rporation ~~~' ..~,~~, ~, .-r- Ra .Rojas. Public Works Director Wayne aughn Sr.. President NOTE: All owner(s)/developer(s) signatates most be notarized. C~nrzr~G~ Hor~r~s P. O. Box 2353 B~RSFIELD, C~. 93303 (805) 837-g581 FAX (805) 837-g584 ~. ~, _ October 9,1995 City of Bakersfield Public Works Department 1501 Truxtun venue Bakersfield, Ca. 93301 Attention: Subject: Raul M. Rajas Public works Director ~ ~ ~ L s ~~4~ CITY OF BAKERSFIELD INTERIM MAINTENANCE DISTRICT Dear Mr. Rojas; Carnage Homes, a California Corporation, as owner of Tract 5597, hereby requests the formation of an Interim Maintenance District for the property. I understand that I have a right to file protest at a hearing to be held at a time and. place to be set by the resolution establishing. the Interim Maintenance District. I am also in receipt of the Covenant Disclosing inclusion in a Maintenance District, which includes the maximum. maintenance assessment far the property within Tract 5597.. 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 my signature on this letter, Carriage.Homes hereby waives.the right to the public hearing and the protest hearing required by Chapter 13.04 of the Bakersfield Municipal Code and the Brown Act. Very truly yours. ...., .. Sharon J. Spanke Vice-president Isjs RESOLUTION OF IHTEHTIOH N0. 1140 A RESOLUTION DECLARING INTENTION TO ESTABLISH MAINTENANCE DISTRICT N0. 1-11 INTERIM), ~JEWETTA~BIRCHAVEN) PRELIMINARILY ADOPTING, CONFIRMING AHD APPROVING THE PUBLIC WORK5 DIRECTOR'S REPORT; SETTING THE BOUNDARIES OF THE PROPOSED DISTRICT, THE FAIRNESS OF THE BENEFIT FORMULA, AHD THE AMOUNT OF ASSESSMENT TO 8E 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 WHERI~AS, 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. 1-11 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. 1-11 tInterim~, 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 Cade; and /e the amount of assessment to be levied against each l ) u n 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 Tract Map No. 5334 and ed Tract Ma No.5597 which waives all rights to a public propos p hearin and to a protest hearing as required by the Brown Act and g Chapter 13.04 of the Bakersfield Municipal Code. NOW THEREFORE, BB IT RESOLVED by the City Council of the Cit of Bakersfield, State of California, as follows: Y 1. The foregoing recitals are true and correct and are incorporated. herein. 2. The City Council hereby preliminarily adopts and a roves the Public Works Director's Report and. declares that the pp nd described is the territory ,within the boundaries sa specified a 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 shaven on than certain-map, now on file in the Office of the City Clerk of the City of Bakersf field 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 Dia ram. for Maintenance District No. 1-11 (Interim, g Bakersf field, California, for Fiscal Year 1995-96," which map indicates by a boundary line the extent of the territory included in said ro osed district and shall govern for all details as to p p the extent of the maintenance district. -2- f. '. I HERBBY C$RTIFY that .the foregoing Resolution was passed and adopted by the Council of the Cit of Bakersfield at a regular meeting thereof held on HQ 29 ~ , by the following vote: C~BAH, S~~ITN, IG'OMI~; S~ILUYAN, SAI.YA~~i1O AYES, CQI~lCIIMEa~ER c ~ S CIIMEMBER I ~'~`~ NOES. COIN AEST~iN: COUNCIIMEI~R ABSENT; COt~VC1lMElV~ER APPROVED __._ /s/ Bob Price 808 PRICE MAYOR of the City of 8akersf field APPROVED as to form: /s/ Judy K. Skousen JUDY R. SKOUSS~ CITY ATTORNEY of the City of Bakersfield JAS~mps~ P:~MAINDIST~ROI~MD1-11.ROI $~29~95 Attachments.: Exhibit "1" Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" _ /s/ Carol Williams CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield MOV 2 9~ 19,96 -3- City of Bakersfield PUBLIC WORKS DIRECTOR'S REPORT MAINTENANCE DISTRICT NO. 1-11 (INTERIM) Fiscal Year 1995-1996 WHERIEAS, on WEDNESDAY, November 29, 1995, the Council of the City of Bakersfield adopted its Resolution of Intention Ho. 1140 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 f ile a Report; and WHERI~AS, 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 Retaort .City, of Bakersfield, Maintenance District No. 1-11 (Interim}, is generally described as a district bounded by a line 1/8th of a mile south of Palm Avenue on the north, a line 1/4 mile east of Jewetta Avenue on the east, a line 990 feet north of Brimhall Road on the south and Jewetta Avenue 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- andf ilea 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 ia~provements, 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, EXHIBIT "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. 1-11 (Interimy, is being established as an interim maintenance district for the maintenance of ublic street median and other street landscaping. At the end p 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 for the 1995-9b fiscal year. When merged into the Consolidated Maintenance District, it is expected to be placed in tier 1. The estimated maximum cost for residential development is 100.00 er Equivalent Dwelling Unit based on full build out of the $ p benefit area at existing zoning, using 1995 dollars and 1995 Parks Department.. maintenance and overhead costs. The district will consist of residential development, 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- HOW 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. 1-11 Interim), subject to be assessed to pay the cost of maintenance and operation. in said district. Dated: RAt1L M . ROJAS Director of Public Works City of .Bakersfield -3- MAINTENANCE DISTRICT, 1 11 (I, H~BRIM~, LEGAL DESCRIPTION A parcel of land situated in the City of Bakersfield, County of Kern, State of California, being a portion of Section 30, T 29 S, R 27 E, M.D.B. & M., and more particularly described as follows: Commencing at the west quarter corner of said Section 30, said point also being the intersection of centerlines of Palm Avenue and Jewetta Avenue, thence South 00° 48 ' 20" West, along the centerline. of Jewetta Avenue, a distance of 659.94 feet to the northwest corner of Tract 5334, recorded. August 24, 1995 in Book 42, Page 22 of maps in the office of the Kern County Recorder, and the TRUE POINT OF BEGINNING; THENCE (1) South 89° 09'.57" East, along the north line of said Tract 5334, a distance of 655.90 feet, to the northeast corner of said Tract; THENCE ( 2) South 04 ° 50' 11" West, .along the east line of said Tract a distance of 660.13 feet, to the southeast corner of said Tract; THENCE ( 3 ) South 89 ° 08' 56" East, a distance of 523.61 feet.; THENCE (4) South 00° 52' 02" West, a distance of 330.14 feet; THENCE (5) North 89° 08' 25' West, a distance of 914.57 feet; THENCE ( 6 ) North 00 ° 52 ' 02 " East, a distance of 330.00 feet, to intersect the south line of said Tract 5334; .THENCE (7) North 89° 08' 56" West, along said south line, a distance of 264.57 feet to the southwest corner of said Tract 5334, also-being the centerline of Jewetta Avenue; THENCE (8~ North 00° 48' 20" East, along the ,centerline of Jewetta Avenue, a distance of 659.95 feet to the northwest corner of said Tract 5334 and the TRUE POINT OF BEGINNING. EXHIBIT "A" ,~ asT~cT eou~oARY 3 0 0 0 ~: ,~. ,D~ i0 9 8 7 R N.E. COR. OF THE S.W. 1 /4 S 89'08'56" E 523.61' .89'08'56" W o ~ 1.31.94' W 264.57 o i3 i4 ~ 1 2 3 . ~' _ N M ~ M W M ~ ~~ ~ N ~ t2 ,~ dRTIST COUI;T tV 3 N • . . o 0 ~ O N T ACT ~ 597 O p ° M z o . ~ ° 11 10 9 8 7 6 5 o Z z ° 264.2i' N __._ . N 89'08 25 W 914.57 13 .94 wlW^ j v C/L BRIMHALL ROAD S.W. COR. SEC. 30, 29/27 S.E. COR. OF THE S.W. 1 4 OF THE S.W. 1 /4 OF SEC. 3.0, 29 27 F4ED N ~ OF1~E OF 115; CRY a1~RK 1HL5 _ DAY f1lPD FOR RaOOAD A15 ~ DAY ~ OF - _ - -- 1iSf. iND, AT .,....__ _,11., N OOq~ ._,,. OF A1gESS1R~IT gS1AIC'iS AT PAGE ._ N 11E OFHCE OF 1HE OOtN1Y AECDNDER ff 1NE COIAl1Y OF KElMI, STAiE aF CNlFOIOiA. CRY g9iK OF THE qTY q' e~m~ma c~ro~NU ,uuFS w u a~uNtr A~s~ - rr AN ~ wAS ~ er tHE aTY oN 1HE L,O15, CHff q~Utt Raoo~DER PECES ANQ PARCELS ~ LAND S?IOIN! ON ltp5 AS~MaIT O111ORAM. SAD ASSfSB~JlT wAS LE11Ei1 q! 1!~ ~,~ DAY OF 1NiJC SAD ALIT OUIGRAM AND N AR OFFICE Of 1NE OEPAR1i6iT OF PUNJC wa~o 1HE ASlT ROLL r~RE RECORDED N 'ME OFi1CE OF 1HE IINS __ QAY DF' _ -. isfi6~ OEPARIIENT flF PIINJC ~JRKS of SAD afY ON lIE OAY . aF ~_ , 1906. I~R'NENCE IS MADE 101F~ AS6F,S6MR]iT RaLl RECORDED N 1FIE OflIL1F OF 11E DEPARTMENT OF DImC1~OR OF PU9rlC wD~cs PIDtIC wDRKS FOR 1HE E><ACT AMOUNT Of EACH AlT I1VR0 SAKERSfEEiA, A ACANIST EACH PARCEL OF LAID 91OwN ON 1HLS ASSIT gAtRtAM. MAP AND A33E9SMEWT DIAC~WM FOR MAINTENANCE DISTPoCT N0.1-ti (INTEPoM) BAKERSFIELD, CAUFORI~A ? w. i/e coa. sEC. ao. xs/2~ S 89V9'SJ" E 655.90' ~./~I il~ .11~~ rxF: 1133JOFN ~r ~ ~ ~ m MAINTENANCE DISTRICT 1-11 (INTERIM} CITY OF BAKERSFIELD BEHEFIT FORMt~LA . Each parcel in the Street Landscaping Zone of Benefit shall be assessed the amount as defined in (1) below: t 1) sbal l equal the dollar amount budgeted for the maintenance and operation of the STREET LAHDSCAPINC~ ~S) witbin 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)=~xaxt b EXHIBIT "C" Page 1 of Z EQUIVALENT DWELLING UNIT (EDUI CHART Equivalent Dwelling Units (EDU's) shall be calculated by use or potential use per zoning as follows; USE SDU REMARK5 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 Dwelling Unit R-2, R-3 Undeveloped R-2, R-3 0.71/unit Number. of units„shall. equal the acreage multiplied b~ 12 rounded down. to the nearest whole nu~n~er. Non Residential, 6/acre Rounded to nearest .O1 Mobile Homes in parks 0.71/unit (Rent Space) Mobile Homes in 1.04 unit / subdivisions {Owner) Mixed Use Each calculated er P the above. U:JONN~MAINDISTIFOA1~1tAlI~D1-11 EXHIBIT "C" Page 2 of Z EXHIBIT 'D' MAINTENANCE DISTRICT N0.1-11 (INTERIM) SAID ASSESSMENT IS MADE IN ACCORDANCE.UVITH THE BENEFIT FORMUl~1 ATTACHED HERETO. 1995 - 1996 Gross Budget Amount Required (City Staff Services or Contr~t, Suppi~, Materials, tJtil~ties, and Overhead Cosia~ Estimated Beginning Fund Balance / 4Deficit~ Less: City Contr~uti~-n HET AMOUNT TO BE ASSESSED P:IMAINDISIIEXHIBITSIMDI-11 D,VYK1 JAS ~4.0Q X0.00 x.00 _._ X0.00 EXHIBIT'D' EXHIBIT "E" .ASSESSMENT ROLL MAINTENANCE DISTRICT N0.1-11 ~INTERIM~ FISCAL YEAR 1995 - 1996 Assessment Parcel No, as shown on Map Total Exhibit "B" Assessment 1 i0-120-06-00-5 $0.00 110-120-36-00-2 $0,00 110-130-02-00-6 $0.00 Total $0,00 Date: City Cork and Ex C~icio Cork of the Council of the Cky of Bakersfield EXHIBIT "E" Page 1 ~~' b ~ ~~ i N ~ ~ .Z4Z406 N } 3 N ~ ~ ~ ACNa'~ ~ ~. (~ ~ ~ ~ N ~~ ~ ~i~~ ( ~ ~ ~ W ~~ 3 N ~~~~ b~g~~ ~ ~ ~ ~~ : b ~ ~ ~ '~ ~ ~ ~'~~ ~ ti ~ ~ I t W ~ ~~ ~ b ~ ~~~ ~ ~,~ ~ ~ ~ ~ I ~ W ~,. ~ ~ ~ `~ b ~ ~ I ~ ~~ ~ I~ k~ ~~,~ ~~ M ~ s C1 r I ~ ` ~ ~ ~ r~ ~ I ~ 3.9~NI,OON ~ ~ '7f1'd A o ~~ ~ E AO'1Z ~ ~ S 0~~ ~ AO'Orl ~ p. 3 ~~ N U = W ~ ~ ~ ~~ I ~ ~ ~~ N / .9L AZ ~ A ~ ~ ~~ I ~ ~~ Z ~ ~ ~ ~ ~ ~~~ ~~~ ..I ~. ~ M ~c,N:oo s ~ ,oorort < ~ I ~ ~ sW Z ~ W I ~ ~ P ~- ~~ a ~ I ~ ~ ~ ~~ ~~ ." I ~~ ~ ~o a ~ ~ 9 m~ ~ ~ N F- 2 ~ ~~~'J OW ~ ~~ ~ ~ F •o ~~~ ~~~~ I ~ ~I Y ~ ns ~ ~ m Q 3 ~~ A400 H s N ~ ~ AdM 3~?J039 I ~ Q~~~N _ $ U 3.u„~00 N h ~~" ~ '~ ~ W ~~ ~~~'~~~ ~ y~ ~~ z ~ ~ Az ,~ ron 1- ~~ _ 3 .~N'•00 N ~ ~~ r~ ~ ~ ~ I~ . °~ ~ ~ ~~ ~ ~~ I ~~ t ~ ~~ ~ ~ ~ ~~ ~ ~ ~ ~ ~, w ~~ ~ ~~ ~ ~ ~ ~ a •~~~ a (~, ~ ~~ ~ ~~ ~ ~ ~ ~ N ~ ~ ;~ ~ ~ s ~ d ~ t ~ ~ ~ 1 I ~ ~ ~f ~~ ~t +~ ^ ~~ ~ ~ ~~ ~ ~ y ~~l~'it ~~ ~ ~ ~ ~ ~ . ~~ ~ ~ ~ ~ ~w ~ ~ ~~ ~ ~~~ ~'' ~ ~ 3nN~nrr r~r v~ ~ ~ w ~i ~~ ~i ~ ~~ ~~ ~ ~ ~~~~ ,_ Ae'~ae ~~ r r r r r r r r r IQt 3 rOt,IMAO N ~ ~ ~ d ~ ~ w v ~ ~ ~il~l 8 SAO N ~ M~~~ ~ IQI ~ dIrL400 N MAP AND AS~~ES~SMENT DIAGRAM FOR MAINTENANCE CN;~TRICT N0.1-11 ~l ~INTERIM~ BAKEF~FIELD, CALIFORNIA sc~ ~•. ~~~ ~ W. 1 /4 COR. SEC. 30, 29/27 rn of c~ S 89'09'57" E 655.90' rs r5 1 h 2 ~ 14 O 3 ~ ~ V ~ TRACT N0. 3 4 4 I W I .DISTRICT 80UNDARY ~ rn ~ 5 3 ~ 11 12 13 ~~ Q s 0 ~ o ~ RIRCSAVI~N AVENGE ~ __ `~ ti 10 9 8 7 ~ N.E. COR. OF THE S.W. 1 /4 S 89'08'56" E 523.61' 89'08'56" W . ~ 131.94' 264.57' 0 13 14 ~ 1 2 3 ~ w o O ~ w .c°v ~ w 4 ~ N ~ ~~ ~ N ~ N 12 ARTIST COURT 3 ° o TACT N0. 597. ~ "' Z o ° 11 10 9 8 7 6 5 o z 0 z 264.21' `~ ____ _ N 89'08'25' W 914.57 131.94 ~ ~ 'I 0 ~ rn . rn C/L BRIMHALL ROAD -~. -~~ .~ S.W. COR. SEC. 30, 29/27 S.E. COR. OF THE S.W. 1 4 OF THE S.W. 1 4 OF SEC. 30, 297 / F1LED 11 1NE OFFKS: OF 1FiE aTY CLERK 1HI5 DAY .HIED FOR IB:CORD 1HI5 DAY OF - - ~ __ 1995. 1995, AT ,__ _,M., d BOOK ._._ ~ ASSE591QIT aS1RICT5 AT PAGE N 1HE OFRCE OF 11E C0191TY RECORDER OF 1HE COUNTY OF KERN, STAIE OF CALJFORlIw. atY a.E>:K of THE aTY of eAKERSFIELD, CAUFOaaA ,JAlES w YAPLEs oouNr,r As~E~oR -RECORDER B,r ally a~PU1Y aoooROER AN ASSESSMENT WAS LEVIED BY TFE aTY COUNaI ON 1HE LD15- PACES AIO PARCELS OF LANO SH01NN ON TI115 ASSESSMENT DuGRAM. SAID ASSESSMOiT M1AS LFVED ON 1HE DAY OF 191SC SAS ASSESSMENT dA0RA11 AND ~~~ N TME OFFICE OF THE DEPARTMENT Of PIJaIC 910RKS THE ASSESSt~?IT ROLL ~ RECORDED N 1HE OFFICE OF Tf1E THIS DAY OF , 1996. OEPARTIrENT.Oi PUBLIC WORKS OF Sllp aTY ON TfE DAY ~ .1915. IS WIDE TO 119: ASSESSiwENT ROLL RECDImED 11 THE OFFIa: OF THE OEJ'ARTI~NT OF DNiEC10ft ff PUBLIC MIORKS PUBLIC MIOIIKS f~ TIE EXACT AMOUNT OF EACH ASSESS#IENT LEIAED ~' CALIFORNIA ADAMIST EACH PARCEL. aF LAND SHOWN oN THIS AsSESSMIENT aAGRAM. EXHIBIT ' B' 1133JOFIN ~+~, .~ , ~ DISTRICT BOUNDARY 3 0 0 0 SCALE: 1"~ t QO' N.E. COR. OF THE S. W. 1/4 \ 523.61' MAP AND A3SE3SMENT DIAGRAM FOR MAIM'ENANCE DISTRICT NO. t-11 (INTEPoM) BAKERSFIELD, CALJFORNIA w. ,~< ~oR. sE~. ~o. zs~2~ ~~-~, I SIN i O M I ZI I 131.94' II 3 ~ w 4 3 0 ~ ~ 'n M `N O 6 5 O Z O N 131.94 ~~ 0 rn rn~ C/L BRII~HALL ROAD S.W. COR. SEC. 30, 29/27 S.E. COR. OF THE S.W. 1 /4 OF THE S.W. 1 /4 OF SEC. 30, 29/27 FILED N~ THE oFFK~ of THE aTY anac THIS oAY FNID ~ REt~RRO THLS DAY of OF ~ 1955. 1l9S, AT _,~1., N 800K ._._ OF ASSESS~IQIT DISTRICTS AT PACE N 1HE OF7tiCE OF THE OOIR(TY RECORDER OF THE COUrrTY OF KERN,. STATE OF CAIJFORNA. CITY a.EAI( OF THE aTY OF eAla~sFlaD~ CALIFORNIA ,1A1~S w. MAPLES oour~nr AssESSOR - REt~tOER 00 ai ao rn AN ASSES3IRNT WAS LEVIED 8Y 1NE aTY CouNaL ON THE LQ15- F'~CES AND PARQIS OF LANG SHOrN ON THIS ASSESSiND~T DuGRAM. SND ASSESS>1QlT WAS LEVER ON 1NE DAY OF 1995; SAD AS5SS9ilENT DIAGRAM A!A THE A9~QIT ROLL rERE RECORDED N THE OFFICE OF THE DEPARI#NENT OF PUNILIC WORKS OF SAD CITY ON THE OAY OF _= 1995. REFEiENCE IS MADE TO THE AS51:35MQlT ROLL RECORDED M THE OFFICE OF THE OEPAIT11EJiT OF F'IJDUC MARK3 F~pt -THE EXACT AMAMT OF EACH ASSE54~IT LENED ACNNST EACN PARCEL aF LAND s~orN ON THIS ASSESSI@~t DIAGRAM. BAKERSFIELD, CAIFORNA EXHIBIT 'B' ~: 11 a3JOF+PI ~ , .r , ~Y CHff DEPUTY READROER IN~lOED M TILE OFFICE OF THE DEPARIME?IT OF FUG NIORKS TENS DAY OF J 1 ~. A A ~~ y~ ~~~"' ~ u ~ 1ne~ ~ M ~ ~, ~ ~. t~ d ~. ~c3 . o 0 d . Q `~ ~ :.,.-.~.~. ~, ~.t~,~a-~w.~,. ~ ,...,..., ... ,. y~a? ~~ :~~ ~ ~' '~:Y !~ ~. Ley j ~ P~ ~ ~ ~~' S' ~' T" .,. «,•^ ~' g FAX TRANSMITTAL PUBLIC WORKS DEPARTb1ENT CITY OF BAICERSFIELD 1 S01 Truxtun Avenue Bakersrield, California 93301 Fax No. (845} 3?8-1427 DATE: ~~0~ ~ f . 19~ PLEASE ROUTE AS SOON AS POSSIBLE T0: v~~iE: ~a. r / M a Nola h~ CQMPANYIO RGAI~IIZATION: ~ ~ t hC, , FAX ~'O. SENDING ti1ESSAGE TO: ~ ~ ~2~ 3 Z~3 FRO iii: ~1AME: ~~ h h ~ • cv' t a Y1S o Y~ CITY OF BAKERSFIELD DEPART`1E~1T: T ub~ l~ t~.~orks ~~ . OFFICE PHONE NO.:.(8051 .32 ~0 352. DEPT. CODE (3 Digit Sub Program ~): ~i i ~tU1~iBER OF PAGES (INCLLTD Ii~jG THIS SHEET} SPECIr1L, INSTRUCTIONS: ~~. Y1~~ O~ C~t S~C. ~ ~~ ~ ~ • ~~ d CJ2.2. a G~YI t a~ ~'~ ~. C 4-~ W ~ ~~ 1~~. c,a vin h ~ ~•; ,~s s~ 3 ~- ~- ~' s~ ~ Qs soor~ us vac. Y'~,ce.ive.~ '~'~~ C~DoUe t~s 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 Tract No. 5334 Lots 1 through 16 COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT THIS COVENANT is executed on this day of ,199, by Carriage Homes, a California Corporation (hereinafter, "Owner"), in connection with (Interim) Maintenance District 1-11, located in the City of Bakersfield, California. The real property herein described is located within Tier 1 of (Interim) Maintenance District 1-11, 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 within 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 District No. 1-11 be merged with the Consolidated Maintenance District Beginning July 1,1996. It is anticipated that merging of Maintenance District No.1-11 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): Carriage Homes, a California Corporation City of Bakersfield: Raul M. Rojas Public Works Director Wayne Vaughn, President NOTE: All owner(s)/developer(s) signatures must be notarized. PW-~ aS P:literim.cov ,N, '"i~ ,;,r ~. ~1 ~ N.~~lH1 b'~f "~ ~' Q r~, v1 ~~ ~_ ~ ~_ __ i ~N .J `~ ~ ~ ~ \ 1 0 ~ ~ ~°~, 0 -__-- _ -------- _ ~ r ~ C ~~ _ ______ ~ _, ~1 _ -- T` _ N~ V J ~ 1 ~ ~ ~.i/ - -~1- -- -_. i', . r ~'1 ~~ ~~.~ 7 ~ - --- ` ~ 4 -- -- - i - - - -- --- ... _ ~ P~ ~ ~Q ~ ~~ . r. ~~ . l=~ ~ --- - ----- -..._. ~.\ I 9~~ t t' ,r~ - - ----- , • ~ ` V ' \J '~' ' 1 ~' ~ fir, '\ \ v / h ~/! .~~_ _ :// t/C,Y w ' ! ~ -1 C `\, , V , r y 1 I \ 1' ~' ~ 1. _ ~ 1.~ NN~I 7/,7~ b'W \ ti~ ~_ C (/~? 0 m 'J w O d~ li O N z -J N J o ~ -~ o , ~~ `~ , ~. F-_~;~ c r -''ad zo^~ - ~~ 11 i i 1 { ~1J `Q^' V I ~ ~^ 1 ..~ Q J fi 1.1.1 ~ ~ N ~.: ~ ~ ~ (~ ~~ ~ ~ ~ ~ ~ ~t ~ ~ ~~ ~ e Q tiD1 0 ~ rn ,,~ ~ ~ V1 ~ ~ ~ ~ ~ A ~~ N ~ - --- .,e~ 1 t ~.,,.._• ~ v o ~, ~ i Q 0 ~ ~ ~ \ ... °~ ~ ~ ~ tD ^ ~ ~ ~ ~ ,~ ~ ~ ~~ ~ f ~ v~.or r ~ ~ ~ j I ~~ `' V ~ O r ~~ ~ ~ ~ ~ ~ ~~ ~ '' f r ~ ~ f ~ ~ a, I ~ I v Z .~. Q d C~ r ~.' .. W .J v Vi . ~ ~~ j -, ~• ~ h N C'~ O m .'~~ CS p~w~D O ~ ; » ~~~~ QO~~ O„ ap ~~»~ r. ~V ~.. r. ~ ~. Q h.. Z O .. - ~ x O C p~ 20°~i May 10,1995 Telstar Engineering 5301Of~ice Park Drive, Suite 125 Bakersfield CA 93301 ATTN: Carl R. Moreland Re: Maintenance District for Tract No. 5334 and 5597. Dear Mr. Carl Moreland: In response to your Apri120,1995 letter regarding the above tracts, if the City does not receive a computer disk with each tract map, then we have to treat them separately. The charges will be $1550.00 plus $13.00 per lot for Tract 5334 and $1350.00 plus $3.00 per lot for Tract 5597. If the City receives a computer disk for both Tract 5334 and 5597, then you will be charged $1350.00 plus $3.00 per lot for both as stated in your letter. If you have any questions or comments, please call John Stinson at (805) 326-3592 Very truly yours, RAUL M. ROJAS Public Works Director By• Jacques R. LaRochelle Design Engineer P:1letters`telstar.ltr JRL:jas:jas