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HomeMy WebLinkAboutMD Packet 1-12 2 of 2City of Bakersfield PUBLIC WORKS DIRECTOR'S REPORT MAINTENANCE DISTRICT NO. 1-12 (INTERIM) Fiscal Year 1996-199? WHEREAS, on WEDNESDAY, May 22, 1996, the Council of the Cit of Bakersfield adopted its Resolution of Intention No. 1149 to Y order the establishment of a maintenance district pursuant to the rovisions of Chapter 13.04 of Title 13 of the Municipal Code of p the Cit of Bakersfield, and referred said proposal to the Public y d file a Re ort • and Works Director, directing him to make an p , WHEREAS, the Public Works Director filed with the City Clerk of the Council his report, in writing, which Report is as follows Public Works Director's Report City of Bakersfield, Maintenance District No. 1-12 (Interim), is generally described as a district bounded by Olive Drive on the north, Fruitvale Avenue on the east, a line 662.90 feet south of the centerline of Olive Drive on the south, and Jordan Street 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 f arth, as a district within the unincorporated area ultimately to be annexed into 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 f Iles this Report and proposed assessment of and upon all parcels of property within the district for the cost of maintaining public street medians and other public street landscaping i~aprovements. The improvements generally include, but are not limited to, plant forms, drainage facilities, irrigation system pipes, conduits, water mains and/or sprinkler systems therefore, sidewalks, walkways, and ornamental planting, including shrubs, ground covers and trees now existing or hereafter to be constructed or planted in and for said maintenance district and are of a public nature. The assessment includes the cost of necessary repairs, replacement, water, electricity, care, supervision and any and all other items necessary for the proper maintenance and operation thereof., and all additions and improvements thereto which may hereafter be made. EXHIBIT " 1 " -- -1- For many years, public parks, public street median and other ublic street landscaping improvements in the City were • P evenues. After Pro osition 13, maintained through traditional tax r •p 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 im rovements of the type described above. Thus, without funds for p maintenance and o erating costs from a source other than general P ublic arks street tax revenues, the City does not permit new p p , median and other street landscaping improvements to be constructed within the City. Maintenance District No. 1-12 Interim), 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 1996-97 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 a ropriate tier in the Consolidated Maintenance District so that pP each parcel will be assessed the same amount as other parcels receiving a similar benefit. All parcels within this district will have an assessment for the 1996-97 fiscal year as shown in Exhibit "E". when merged into the Consolidated Maintenance District, it is expected to be placed in street tier 3. The estimated maximum cost for residential development is $15.0.00 per Equivalent Dwelling Unit based on full build out of the benefit area at existing zoning, using 1996 dollars and 1996 Parks Department maintenance and overhead costs. The. district will consist of residential use, thus all arcels within the district will be affected. Sensory benefits p 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- 6~ THEREFORE I RAUL M. ROJAS, Director of Public Works NOW r r , ' ersf field b virtue of the power vested in me and of the City of Bak ~ y ~ submit the Fiscal the order of the Council of said City, hereby ~~ ~~ - 7 Bud et and Assessment Roll as set forth in, Exhibit D Year 19 9.6 9 ~~ g hereto and incor orated and Exhibit E, respectively, attached P ' thou h full set forth, upon all parcels of property herein as g • e District No. 1-12 (Interim), subject to approval wa.thin Maintenanc of Su ervisors be assessed to pay the cost of from the Board p , maintenance and operation in said district. Dated: RAUI~ M . ROJAS Director of Public works City of Bakersfield -3- MAINTENANCE DISTRICT NO. 1-12 (INTERIM) LEGAL DESCRIPTION A arcel of land being a portion of the northeast quarter of p Section 16, T 29 S, R 27 E, M.D.B. & M., County of Kern, State of California, more particularly described as follows: Commencing at the northeast corner of said Section 16; THENCE (1) South 00° 36' 25" East, along the east line of said Section 16, a distance of 55.01 feet to a point on the south line of the north 55.00 feet ~of said Section 16, said point also being the true point of beginning; THENCE (2} South 00° 36' 25" East, along the last named east line of said Section 16, a distance of 607.89 feet to a point being the southeast corner of Tract 5775 per map recorded March 17 , 19 9 5 in Book 41 of Maps , Page 17 3 In the Kern County Recorder; THENCE (3} North 89° 48' 07" West, along the south boundary line of Tract No. 5775 a distance of 1,299.76 feet to intersect the east right-of-way line of Jordan Street; THENCE (4} North 00° 27' 03" West, along the last named east right-of -way line, a distance of 587.32 feet; THENCE ( 5 ) North 44° 52' 00" East, a distance of 28.44 feet to a Dint on the south right-of-way line of Olive Drive; p THENCE (6} South 89° 48' S7" East, along said right-of-way line, a distance of 557.11 feet; THENCE (7) South 88° 56' 52" East, along said right-of-way line, a distance of 3.30.04 feet; THENCE (8} South 85° 03' 08" East, along said right-of-way line, a distance of 120.42 feet; THENCE (9) South 89° 48' 57" East, along said right-of-way line and prolongation thereof a distance of 240.97 feet to a .Dint on the west line of the east 30 feet of said Section 16; p 1 r~ THENCE (10) North 00° 36' 25" West, along said west line a distance of 15.00 feet to intersect the south line of the north 55' of Section 16; THENCE (11) South 89° 48' 57" West, along said south line a distance of 30.00' to the true point of beginning;,, THENCE (12) North 00° 36',25" West, along the last named east line a distance of 55.00 feet to the True Point of Beginning. P:\maindist\legals\legll-12 jas EXHIBIT ~ 2 MAP AND ASSESSMENT DIAGRAM I FOR MAINTENANCE DISTRICT N0.1-12 ,; pNTERIM) BAKERSFIELD, CALIFORNIA ~`"` •. "° Fo. coNC. MON, w/els~ss Pu1E r~ARKCO 'K.c.s. SEC. 910.15,16 T. S., R27~ 6-i-b5 W O ~. ~ ~ K.C.S. F.B. 745 9 D: O ~Ij ~W ~ W 3;~ 0 LI VE se9'4a'S7•E DRIVE 13i7.95 ~, ,~, ,~ ,:~ ,~, ~ 3' ~` WI W ~' }-- ~i !~8 S89'48'57"E 55 7.11' 5 8856'52 E 330.0 4 E 589'48'57"E 240.97' -- ----- --- --- - - - - ''^ ^`, -- -- `~ 10' LANDSCAPE Q ~ 10' LAN/SCAPE ~ T !c l i EASf}>t<NT ~ P.U.E. 27 28 29 3p ~ 1 P. 2 E. 3 4 5 6 26 ~ 7 ~~ Y , ~ a ~ ~ ~ , i W Z W ~~ 25 PARK ate. WEST CIRCLE e Q M 1 ~ ~ i. i 24 31 PEMBROKE ~ g ~ W W AVENUE 3 ~ ,~ N ~ J N , 23 CIRCLE ~ ° Q g ; PARK ~ ~ z Q' l~ ~I WEST 10 10' LAt~SCAPE 22 EASEMENT ~ ~ i 21 19 18 17 16 15 14 13 P.U.E. 12 11 20 r ~. ,. ~i. ~~ N89'48'0TW FD. C04C. MON. IN lH META KIMBERLY; yDRD1t ~ TAG uFQBI~,PER AVENUE TRACT N0. 3682 M.B. 1~~,, PG 112 1299.16 gSiRICT 80U~AR1 ~o c;a4c. M N~. IH ~.~. w~T~ eRA~s cAP MK'D K.C.S. U1CED 10-28-HO PER K.C.S. f.B. 1085 PG 28 yyESTLAKE DRIVE ~ ~ 1 KIMBERLY , AVENUE FlLED IN THE OFFlCE ~ THE pTY CLERK TH1S DAY ~ . 19_. AN ASSESSMENT WAS LEVIED BY THE C1TY COUNCIL ON THE LOTS, FECES AND PARCELS OF LAND SHOWN ON THIS ASSESSMENT DIAGRAM. SND ASSESSMENT WAS LEVED ON THE DAY OF _, 19_; SAID ASSESSMENT DIAGRAM AND Tf1E ASSESSI~Nt ROLL MARE RECORDED IN THE OFFICE OF THE DEPARTMENT OF PUBLIC WORKS OF SAS CITY ON THE DAY ~ -. 19_, REFERENCE IS MADE TO THE ASSESSMENT ROLL RECORDED IN THE OFFlCE OF THE DEPARTMENT OF PUBLIC WORKS FOR THE EXACT AMOUNT OF EACH ASSESSMENT LENEO AGAINST EACH PARCEL OF UND SHONM ON THIS ASSESSMENT DIAGRAM. BAKERSRELD, CALIFORNIA FlLED FOR RECORD THIS DAY OF 19_, AT ~M., IN BOOK OF ASSESSMENT DISTRICTS AT PAGE IN THE OFFlCE OF THE COUNTY RECORDER OF THE COUNTY OF KERN, STATE OF CALIFORt~A. JAMES W MAPLES COUNTY CLERK RECORDER BY DEPUTY RECORDER RECORDED IN THE Ofi•1CE OF THE DEPARTMENT OF PUBLIC WORKS THIS DAY aF J 19_ EXHIBIT ' B~ 1~ MAINTENANCE DISTRICT 1-12 (INTERIM) CITY OF SARERSFIELD BENEFIT FORMULA Each arcel in the Street Landscaping Zone of Benefit shall be P assessed the amount as defined in (1) below: 1 shall equal the dollar amount budgeted for the maintenance ~ ) within the and operation of the STREET LANDSCAPING (S) district, adjusted for prior year fund balance or deficit, ' lied b a The number of Equivalent Dwelling Units Multip y ( ) . (EDU's) for the parcel, and, Multi lied b (t): The factor for the tier level, which p Y 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 Undevelo ed R-1 zoned 4/acre Rounded down to the p 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:JOSN\MAINDIST\FORMULA\MD1-12 EXHIBIT "C" Page 2 of 2 EXHIBIT °D" MAINTENANCE DISTRICT N0.1-12 {INTERIM) SAID ASSESSMENT IS MADE IN ACCORDANCE WVI'1'H THE BENEFrT F~RMUTA ATTACHED HERETO. 1986 -1987 BUDGET Gross Budget Amount Required City Staff Services or Contract, Supplies, Materi~s, Utilities, and Overhead Costs Estimated Beginning Fund Balance J {Defia~ Less: City Contribution NET AMOUNT TO ~ ASSESSED ~~~~ ~~ $7,410.00 ~a.aa ~ ~,F a ~~~' $0.00 $7,410.00 EXHIBIT "a~ P.1MAlND1STIEXHIBITSIMDI-12D.1MC1 JAS EXHIBIT °E" ASSESSMENT ROLL MAINTENANCE DISTRICT NO. 1-12 (INTERIM) FISCAL YEAR 1996 -1997 Assessment Parcel No, as shown on Map Total Exhibit "B" Assessment 506-380-05-00-3 506-380-06-00-6 506-380-07-00-9 506-380-08-00-2 506-380-09-00-5 506-380-10-00-7 506.-380-11-00-0 506-380-13-00-6 506-380-14-00-9 506-380-15-00-2 506.-380-16-00-5 506-380-17-00-8 506-380-18-00-1 506-380-19-00-4 506-380-20-00-6 506-380-21-00-9 506-380-22-00-2 506-380-23-00-5 506-380-24-00-8 506-380-25-00-1 506-380-26-00-4 506-380-27-00-7 506-380-28-00-0 506-380-29-00-3 506-380-30-00-5 506-380-31-00-8 506-380-32-00-1 506-380-33-00-4 506-380-34-00-7 506-380-35-00-0 $247,00 $247,00 $247,00 $247,00 $247,00 $247,00 $247,00 $247,00 $247,00 $247,00 $247,00 $247,00 $247,00 $247,00 $247,00 $247,00 $247,00 $247,00 $247,00 $247,00 $247,00 $247,00 $247,00 $247,00 $247.00 $247,00 $247,00 $247:00 $247,00 $247,00 Total ~ 1,41 U,UU Date; City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield '~ Probuilt Homes Development ~ Construction, Inc. Raul M. Rojas, Director City of Bakersfield Public Works Department 1501 Truxtun Avenue Bakersfield, Ca 93301 .~ ~ ,~ ~ JJ r. .. .y .}_ _.., Attention: Jacques f~. LaRochelle, Designer Engineer Subject: Tract 5775 Landscape v~Ll.+i A "r. i.uiCl~~ii iet~'v~ Probuilt Development and Construction, as owner of 24 lots of this 30 lot subdivision Tract 5775, hereby requests the formation of an interim maintenance district for the property. Our Engineer Steve DeBranch at Dewalt Corp, will supply .you with a disk copy of Tract 5775 for your use. Lastly, as majority owner of the property involved in this request, we hereby waive the ublic hparin and protest hearing portion of the district formation. p g YO~- assistance with this matter is greatly appreciated. Sincerely, '' C~ r Mark Shuman-?re~idpnt IAA ~~ ~~ '~~G-~t..C~ ~ • ~ ~ ~~ ,;~ - ~ ~~ Raul M. Rojas, Director ~ ~ 1 S~r, f ~ ~ ~~ ' City of 6akersfceld ,. ~ ~,~ l ;~ ,:~6 ~~C't1 Pubiic.Works Department 1501 Truxtun Avenue ~~~~ ' 93301 _ ~ ' » ~' ~~ ~~ M Bakersfield Ca ~ ~~~ t~" ~~ ~ -~ Attention; Jacques R. LaRochelle, Designer Engineer Subject: Tract 5775 Landscape Dear Mr. LaRocheile ~ ~.~ as owner of lot ~..d- within Tract 5175, ,~?~ S~ __ hereb r uests the formation of an interim maintenance district for the property. Y~ Lasts , as ma'orit owner of the property involved in this request, we hereby waive Y 1 Y the ublic hearin and protest hearing portion of the district formation, p g Your assistance with this matter is greatly appreciated. Sincerely, City of Bakersfield City Clerk's Office 1501 Truxtun Avenue Bakersfield, CA 93301 THIS SPACE FOR RECORDER'S USE ONLY Tract No. 5775 Lots 1= ough 3_1 COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT THIS COVENANT is executed on this day of ,199 , by Probuilt Develo ment & Construction Inc. a California Co oration (hereinafter, "Owner"), in connection with Maintenance District 1-12 (Interim), located in the City of Bakersfield, California. The real ro er herein described will be located within Tier 3 of Maintenance District 1-12 p p tY Interim , and ma be assessed for maintenance of public landscaping on public rights-of way within ( ) y the district. Althou h this property may have been assessed a lesser amount in the present tax year, the g ultimate estimated annual assessment for maintenance of public landscaping within this tier, based on full buildout of this district, is $150.00 er single family dwelling, based on 1995 dollars and labor p costs of the district. It is understood that it is the intent of the Public Works Department that said Maintenance District No.1-12 Interim , be mer ed with the Consolidated Maintenance District Beginning July ( ) g .1, 1997. It is anticipated that merging of Maintenance District No. 1-12 (Intenm), 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: Raul M. Roj as Public Works Director NOTE: All owner(s)Ideveloper(s) signatures must be notarized. PW-has P:u~~~-~z.~- ~ ~ v d 4 ~~~L~'"a'e~ ADMINISTRATIVE REPORT MEETING DATE: May 22,1996 AGENDA SECTION: Consent Calendar TEEM N0: TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: April 30, 1996 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Resolution of Intention No. 1149 declaring the City's intention to establish Maintenance District No. 1-I2 (Interim), (Park West), preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 4) RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: A written request has been received by the City Engineer from the owners of Tract No. 5775 to form a maintenance district or to be included into an existing maintenance district. Tract 5775 which is within the unincorporated area of Kern County, is in the process of being annexed into the City of Bakersfield, with completion expected in December 1996. The City of Bakersfield has received a letter from the owners of the property described as Tract No. 5775 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. This waiver allows the City to expedite the formation of the district. Having this maintenance district in place prior to annexation will allow the Parks Department to begin maintenance immediately after formation of the District. It is necessary that prior to including unincorporated territory within a City Maintenance District, the Ci of Bakersfield must receive the consent of the Board of Supervisors. The City of tY Bakersfield must submit its Resolution of Intention approved by the City Council to the Board of Supervisors f or approval. The proposed district will provide f or the maintenance of public street medians and- public street landsca in . Staff recommends the formation of Maintenance District No. 1-12, (Park West} pg generally bounded by Olive Drive on the north, Fruitvale Avenue on the east, a line 662.90 feet south of the centerline of Olive Drive on the south, and Jordan Street on the west. The City Council approved the Consolidated Maintenance District on June 29, 1994. The City's rocedure is that all new districts f ormed during the fiscal year will be interim districts and all p . interun districts well 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 1996-97 fiscal year. This district will be under the street and median zone of benefit and assessed an amount for "Tier 3". April 34199Q 4:13pm Anlvuivisr~iiiv~ order to rovide future homeowners with disclosure regarding the proposed maintenance district In p , a d the estimated maximum annual costs er equivalent dwelling unit, a covenant has been drafted n p and it will be su lied to the subdivider/developer and recorded by the City. A copy of this pP covenant is attached for reference. G:\adminrpt~my22jas.ROI jas Apn7 30.1946 ~:13paa SPECIAL INSTRUCTIONS ~ often receives requests for spec is 1 hand 1 ing of The Clerk s Office as certified copies, extra copies, rushes, etc., A documents, such ~~ v'se the Clerk of special ~~S ecial Instructions form is used to ad 1 P ' ds . The de artments are asked to attach the form to processing nee p is needs ecial handling, the Original Document. If several documen p ' nstructions form to each document. Include the attach the Spec is 1 I 1 a in the re uest me of the re uesting person, department, and exp q , na q If a de artment is not aware of a special request prior clearly. p ' lease inform the Clerk's Office of the request as to the meeting, p soon as possible. ' t b utilizin this form, the Clerk's Office will be It is hoped tha y g ' cientl . able to handle your requests promptly and effl y SPECIAL INSTRUCTIONS For Agenda Documents of Re uest Apr i ! 30, 1996 Date q Re uestin Party: JACQUES R. LaROCHELLE q g Department: PUBLIC WORKS Council Meetin Date: ~~aY 22, 1996 g Agenda Item: nest: PLEASE SEE ATTACHED MEMO FOR INSTRUCTIONS. Req bz SPECINS.PRO 7/92 Phone No . 326-3724 22 B A K E R S F I E L D PUBLIC WORKS DEPARTMENT MEMORANDUM TO: City Clerk FROM Jacques R. LaRochelle - Engineering Services Manager DATE: April 30, 1996 SUBJECT: Special Instructions. ******************************************************************* After Council approves Resolution of Intention No. 1149 on May 22, 1996, please send two certified copies of the Resolution of Intention and all backup as soon as possible to: Engineering and Survey Services Department Suite 570 2700 "M" Street Bakersfield, California 93301 Attention: Chuck Lackey. If you have any questions please ask John Stinson at 3592 in the Public works Department. jas:clerk.mem prepared Tuesday, April 30, 1996 2:06pta RESOLUTION OF INTENTION. NO. .1149 A RESOLUTION DECLARING INTENTION TO ESTABLISH MAINTENANCE. DISTRICT N0. 1-12 (INTERIM), (PARK WEST) PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE 80UNDARIES OF THE PROPOSED DISTRICT, THE FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT OF .ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL. WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of. Bakersfield provides for an alternative procedure by which the City Council may provide for the payment of the whole or any part of the costs and expenses of maintaining and operating any public improvements which are local in nature, from annual benefit assessments apportioned among the several lots or parcels of property within the maintenance district established therefor; and WHEREAS, the property owners}..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. 1-12 (Interim),. generally described in Exhibit "A" attached hereto, to maintain and operate the local improvements including public. street landscaping; and WHEREAS, the Public works Director has.. on this date filed with the Clerk of said Council his Report, attached hereto and incorporated herein by reference as Exhibit "1", containing the f o.l lowing: (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 within the boundaries as shown on Map and Assessment Diagram for Maintenance District No. 1-12 (Interim), Exhibit "B," on f ile in the off ices of the City Clerk and Public Works Director of the City; (c) the Benefit Formula set forth as Exhibit "C"; -1- I HEREBY CERTIFY that the foregoing Resolution was passed and ado ted b the Council of the City of Bakersfield at a regular p y meeting thereof held on _ by the following vote: APPROVED CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield v -- BOB PRICE MAYOR of the City of Bakersfield APPROVED as to form: DY K. SKOUSEH CITY ATTORNEY of the, City o Bakersfield JAS~mps P:~MAINDIST~ROI~MD1-12.ROI 4/11/96 Attachments: Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit ~~ 1 ~~ ~~ A ~~ ~~ B ~~ ~~ C ~~ ~~ D ~~ ~~ E ~~ -3- For: man ears ublic arks, public street median: anal yy ,P p other public street landscaping improvements 1n the City were. maintained throw h traditional tax revenues. After Proposition 13, g in -1978, funds. available for maintenance and operation of parks, street median and other street landscaping improvements were substantiall reduced. At present, the City's budget does not Y allow. for maintenance and operation of street landscaping im rovements of the type described above .. Thus , , without funds ,for P source other than eneral maintenance and operating costs from a g 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 Nd. 1-12 (Interim), 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 1996-97 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 a ro riate tier in the Consolidated Maintenance District so that pp p each parcel will be assessed the same amount as other parcels receiving a similar benefit.. All parcels within this district will have an assessment for the 1996-97 fiscal year as shown in Exhibit "E". when merged into the Consolidated Maintenance District, it is expected to be laced in street tier 3. The estimated maximum cost for p residential development is $150.00 per Equivalent Dwelling Unit based on full build out of the benefit area at existing zoning, using 1996 dollars and 1996 Parks Department maintenance and overhead costs. The district will consist of residential use, thus all parcels within the district will be affected. Sensory benefits from installing street landscaping are aesthetic enhancement and open space enjoyment. Public median and street landscaping will benefit all the lots or parcels and will be assessed on an Equivalent Dwelling Unit basis throughout the district. The Benefit Formula is set forth herein as Exhibit "C" and attached hereto and incorporated in this resolution as though fully set forth herein. -2- MAINTENANCE DISTRICT NO. 1-12 (INTERIM) LEGAL DESCRIPTION A arcel of land being a portion of the northeast quarter of P Section 16, T 29 S, R 27 E, M.D.B. & M., County of Kern, State of California, more particularly described as .follows: Commencin at the northeast corner of said Section 16; g THENCE (1) South 00° 36' 25" East, along the east line of said Section 16, a distance of 55.01 feet to a point on the south line of the north 55.00 feet of said Section 16, said point also being the true point of beginning; THENCE (2} South 00° 36' 25" East, along the last named east line of said Section 16, a distance of 607.89 feet to a point being the southeast corner of Tract 5775 ,per map recorded March 17 , 19 9 5 in Book 41 of Maps , Page 17 3 In the Kern County Recorder; THENCE (~3 } North 89° 48' 07" West, along the south boundary line of Tract No. 5775 a distance of 1,299.76 feet to intersect the east right-of-way line of ,Tordan Street; THENCE (4} North 00° 2?' 03" West, along the last named east right-of-way line, a distance of 587.32 feet; THENCE ( 5 } North 44° 52' 00" East, a distance of 28.44 feet to a oint on the south right-of-way line of Olive Drive; P THENCE (6} South 89° 48' S7" East, along said right-of-way line, a distance of 557.11 feet; THENCE (7} South 88° 56' 52" East, along said right-of-way line, a distance of 330.04 feet; THENCE (8} South 85° 03' 08" East, along said right-of-way line, a distance of 120.42 feet; THENCE (9} South 89° 48' 57" East, along said right-of-way line and prolongation thereof a distance ~ of 240.97 , feet to a oint on the west line of the east 30 feet of said Section 16; P 1 MAP AND ASSESSMENT DIAGRAM I FOR MAINTENANCE DISTRICT N0.1-12 ~~,~ (INTERIM) BAKERSFIELD, CALIFORNIA x"` • "°° FD. coNC. waN. w~RASS PuTE MARKED 1t.e~S ~,,~ 0 10~1.9~11QUltK.CS FB. 757 9 1-65' ~~~ O,~ ~,,W 3W a! ~~ UI 0-LIVE S>~48~5TE DRIVE 1317.95' "~ .; ~~~~ _ _ 589~48~57'E - --- -557.11 .- _ S88'S6'52 _E -- 330.04_ ~ ~ ~E S89'48'57"E 240.97' - -, } ,- - ~ ~ .~ t~05CA1E ` ~ 1G UltllT APE i ,` W { P.U.E P. 6 i . W W; Z7 28 29 26 30 N 1 2 3 4 5 6 ~ I ' z (~i Y ~ ' ~ ~ ~ 25 PARK a WEST CIRCLE ~ Q ;~ ~- s ,. ~~ ~~ ~~ 24 31 PEMBROKE ~ g I.. AVENUE 3 ' ', ' W O ! N g ~ 23 CIRCLE ~ Q PARK WEST ~.~ ~ 10 z 10' LANDSCAPE 1 f'-' 22 EASEMENT ~ ~ - 15 14 13 12 t 1 P.u.E. ~ ~~ 21 20 19 18 17 t6. ~ a ~: N8548'01'IN 1299.76' FD CONC.~pN~ IN L.H. NTN CAP KIMBERLY ~• caNC. MoN. IN LJl MTH gSTRICT BOUNDARY ~'" KGS. 'REPlACEO to-ze-e~PER ' WESTLAKE K.C.S. F.B. 1065 PG 18 ~ DRIVE AVENUE ~ ~~NaA~~a~a ~ tts i .KIMBERLY AVENUE ~ FlLED IN THE OFFICE OF THE dTY CLERK THIS OAY CF . 19_, AN ASSESSMENT WAS LEIAED BY THE dTY COlJrldl ON THE LOTS, PIECES ANO PARCELS OF UND SHOWN ON THIS ASSESSMENT 0111GRAM. SAID ASSESSMENT WAS LEVIED ON THE DAY OF . 19_; SAq ASSESSMENT DIAGRAM ANO THE ASSfSSMI~IT ROLL WERE RECORDED 91 .THE OFFICE OF THE DEPARTMENT OF PUBLIC WORKS OF SAS p1Y ON THE DAY OF _. 19_, REFERENCE IS MADE TO THE ASSESSMENT ROLL RECORDED 91 THE OFFICE OF THE DEPARTMENT OF PUBLIC WORKS FOR THE EXACT AMOUNT OF EACH ASSESSMENT LENEO AGAINST EACH PARCEL OF LAND SHOWN ON THIS ASSESSMENT gAGRAM. FILED FOR RECORD THIS OAY OF 19~ AT ,~M., IN BOOK OF ASSE5SMENT DISTRICTS AT PAGE IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF KERN, STATE OF CALJFORNIA. JAMES W. MAPLE COUNTY CLERK RECORDER BY DEPUTY RECORDER RECORDED IN THE OFFICE ~ THE DEPARTMENT OF PUBl1C WORKS THIS DAY OF . 19_ EXHIBIT ' B~ c pit • 178CJOHN C!icr r ~ r,+ t EQUIVALENT DWELLING UNIT ~EDU1 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:JOHN\MAINDIST\FORMULA\MD1-12 EXHIBIT "C~~ Page 2 of Z EXHIBIT "E" ASSESSMENT ROLL MAINTENANCE DISTRICT N0.1-12 (INTERIM) FISCAL YEAR 1996 -1997 Assessment Parcel No. as shown on Map Total Exhibit "B" Assessment 506-380-05-00-3 $247,00 506-380-06-00-6 $247,00 506-380-07-00-9 $247,00 506-380-08-00-2 $247,00 .506-380-09-00-5 $247,00 506-380-10-00-7 $247,00 506-380-11-00-0 $247,00 506-380-13-00-6 $247.00 506-380-14-00-9 $247,00 506-380-15-00-2 $247,00 506-380-16-00-5 $247,00 506-380-17-00-8 $247,00 506-380-18-00-1 $247,00 506-380-19-00-4 $247,00 506-380-20-00-6 $247,00 . ~ 506-380-21-00-9 , $247,00... 506-380-22-00-2 $247.00 506-380-23-00-5 $247,00 506-380-24-00-8 $247.00 506-380-25-00-1 $247,00 506-380-26-00-4 $247,00 506-380-27-00-7 $247.00 506-380-28-00-0 $241A0 506-380-29-00-3 $241.00 506-380-30-00-5 $247.00 506-380-31-00-8 $247,00 506-380-32-00-1 $247,00 506-380-33-00-4 $247,00 506-380-34-00-7 $247,00 506-380-35-00-0 $247.00 Total $7,410,00 Date: City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield I~ ~~- ~~~' G4~-~-~- ~~ f~ t ~ ~~ ~~ z~., Raul M. Ro as, Director 1 ~ :, .~~. - ~ City of Bakersfield ;~.~ j; ~~ t~ ~~~~ ~~ Pub1~c .1Norks Department 1501 Truxtun Avenue Ba kersf~eid, Ca 93301 ~,~ t~, ~~ ~ ~~ Attention; Jacques R. LaRochelle, Designer Engineer Subject: Tract 5775 Landscape Dear Mr. LaRochelle i~~~. S ~~ as owner of lot ~~- within Tract 5775, hereby requests the formation. of an interim maintenance district for the property. Lastly, as majority. owner of the property involved in this request, we hereby waive the public hearing and protest hearing portion of the district formation, Your assistance with this matter is greatly appreciated, Sincerely, Raul M. Rojas, Director City of Bakersfield Public Works Department 1501 Truxtun Avenue Bakersfield, Ca 93301 Attention: Jacques R, LaRochelle, Designer Engineer Subject: Tract 5775 Landscape Dear Mr, LaRochelle ~ -` ~ , ~ as own r ~ ~ e of lot. ~ within Tract 5175, hereby requests the formation of an interim maintenance district for the ro erf . p p Y Lastly, as majority owner of the roe involy p p rty ed in this request, we hereby wave the public hearing and protest hearin ortion of the district formati n. gp o Your assistance with this mafiter is greatly appreciated. Sincerely, o~- ,~~- s~3/~~ Maui M. Rotas, Director +ty of Bakersfield 'ublic Wo~~ pepartment 501 Truxtun Avenue ~~kersfield, Ca 93301 ~-`fention: Jacques R. LaRochelie, Desi goer Engineer ~~sb)ect: Tract 5775 Landscape ~~ar Mr. LaRochelle ~~Y name is ~`t mod, ~~~~ct 5775, and: do hereby request~the format;oam the owner of lot z~_ in ~~s°rict forthe prope~y, n of an interim ri~amtenance ~-°s`iY, as a owner of the property involved nu~~,~ hearing and protest hearin j~ this request, we hereby waive the J portion of tn2 district formation. Your assistance with this matfier is greatt Y appreciated. Sincerely, ~, ~ ~ ~. ,~ :~ .,n....u.wri~Cy~,.~....,,~..a,r.. .. d-30-1996 12:03PM FROM PR~6UILT HOMES INC 805 396 8521 P.3 Raul M. Rojas. Director City of 6akersfield Public Works Depc~rtment 1501 Truxtun Avenue Bakersfield, Ca 93301 Attention: Jacques R. LaRochelle, Designer Engineer Subjecfi: Tract 5775 Landscape Dear Mr. LaRochelle My Home is ~i~ ~ ~~acelr ~ and I am the owner of (ot ~n Tract 5775, and do hereby request the formation of an interim maintenan e district for fihe property. lasily, as a owner of the properly involved in this request, we hereby wain public hearing and pro#est hearing portion of the district formation. Your assistance with this matter ~s greatly appreciated. Sincerely, T_~~~~~.~~ , ~~ the (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(s) of the property described in Tract Map No. 5775 within the unincorporated area of Kern County, of which waives all rights to a~public hearing and to a protest hearing as required by the Brown Act and Chapter 13.04 of the Bakersfield Municipal Code. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield, State of California, as follows 1. The foregoing recitals are true and correct and are incorporated herein. 2. The City Council hereby preliminarily adopts and approves the Public Works Director's Report and declares that the territory within the boundaries so specified and described is the district benefiting from said local improvements; that the expense of maintaining and operating said improvements is hereby made assessable upon said district; and that the exterior boundaries of said district are hereby specified and described to be as shown on that certain map now on -file in the Office of the City Clerk of the City of Bakersfield and in the Office of the Public Works Director, marked Exhibit "B", attached hereto and incorporated in this resolution as though fully set forth herein, entitled "Map and Assessment Diagram for Maintenance District No. 1-12 (Interim}, Bakersfield, California, for Fiscal Year 1996-97," 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. 3. The Council hereby requests the Board of Supervisors to consent to the inclusion of the unincorporated territory described in Exhibit "A" proposed Maintenance District No. 1-12. -2- (d) a Budget, Exhibit "D," containing the matters. specified in Section 13.04.130 of the ;Bakersfield Municipal Code; and (e) the amount of assessment to be levied against each arcel, attached hereto as Exhibit "E" and p t forth • and incorporated as though fully se , WHEREAS, the City of Bakersfield has received a letter from the owner(s) of the property described in Tract Map No. 5775 within the unincorporated area of Kern County, of which waives all ri hts to a public hearing and to a protest hearing as,required by g the Brown Act and Chapter 13.04 of the Bakersfield Municipal Code. NOW THEREFORE, BE IT RESOL~IED 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 a proves the Public Works Director's Report and declares that the p territory within the boundaries so specified and described is the district benefiting from said. local improvements; that the expense of maintaining and operating said improvements is hereby made assessable upon said district; and that the exterior boundaries of said district are hereby specified and described to be as shown on that certain map now on file in the Office of the City Clerk of the Cit of Bakersfield and in the Office of the Public Works Director, Y 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. 1-12 (Interim)., Bakersfield, California, for Fiscal Year 1996-97,," 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. 3. 0 e this Resolution has n approved by the ity Council, it is a necessity that prior o including unincor rated territor w' hin such a district, e City of Bakersf i ld must Y receive t consent of the Board of Supervisors. Th City of Bakersf ' ld .must submit for app val by the Board of pervisors its R olution of Intention to orm this maintenance strict. ~~~ ~' s i t B J ~~/. JJ~/~~~LjJ J ~~- /-~~ .~ _2_ • B A K E R S F I E L D PUBLIC WORKS DEPARTMENT MEMORANDUM T0: Frank Fabbri, Parks Superintendent FROM: Jacques R. LaRochelle, Engineering Services Manager DATE: May 3, 1996 SUBJECT: Tract No. 5775 -Maintenance District Thank you for your memo of April 16 giving us the budget for Interim M. D . 1-12 (Park West) . Please find attached the package being sent to Council for the May 22, 1996 meeting. Please note that we intend to have the district established at the June 28, 1996 Council meeting. On July 1, 1996, the City of Bakersfield will be taking over the maintenance of the streetscaping,This memo is to let you know this starting date so that you may plan accordingly. If you have any questions, please call Marian Shaw at 3579 or John Stinson at 3592. P:IMAINDISTIT577S1PARKS.MEM RMR:JRL:mps xc: Alan Tandy, City Manager Leland Anderson, Community Services Manager Reading File Project File Marian P. Shaw RESOLUTION OF INTENTION N0. 1149 A RESOLUTION DECLARING INTENTION TO ESTABLISH MAINTENANCE DISTRICT N0. 1-1Z (INTERIM), (PARK WEST) FRELIMIHARILY ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE 80UHDARIES OF THE PROPOSED DISTRICT, THE FAIRNESS OF THE BENEFIT FORMULA, .AHD THE AMOUNT OF ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL. WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield provides for an alternative procedure by which the City Council may provide for the payment of the whole or any part of the costs and expenses of maintaining and operating any public improvements. which are local in nature, from annual benefit .assessments apportioned among the several lots or parcels of property within the maintenance district established therefor; and WHEREAS, the property owner(s) 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. 1-12 (Interim), generally described in Exhibit "A" attached hereto, to maintain and operate the local improvements including public street landscaping; and WHEREAS, the Public Works Director has on this date filed with the Clerk of said Council 'his Report, .attached hereto and incorporated herein by reTerence 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 within the boundaries as shown on Map .and Assessment Diagram for Maintenance District No. 1-12 Interim}, Exhibit "B," on file in the off ices of the City Clerk and Public Works Director of the City; ~c} the Benefit Formula set forth as Exhibit."C"; -1- ~C ~Ai{F~9 Q ~~ ,~ r 4-- ~ C~ '.~ '`!~~~;''1i~i (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(s) of the property described in Tract Map No. 5775 within the unincorporated area of Kern County, of 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 THEREFORE, 8E IT RESOLVED by the City Council of the City of Bakersfield, State of California, as follows: 1. The foregoing recitals are true and correct and are incorporated herein. 2. The City Council hereby preliminarily adopts and approves the Public Works Director's Report and declares that the territory within the boundaries so specified and described is the district benefiting from said local improvements; that the expense of maintaining and operating said improvements is hereby made assessable u on said district; and that the exterior boundaries of p . said district are .hereby specif a.ed and described to be as shown on that certain map now on file in the Office of the City Clerk of the City of .Bakersfield and in the Office of the Public Works Director, marked Exhibit "B", attached .hereto and incorporated in this resolution as thou h fully set .forth herein, entitled "Map and g Assessment Diagram for Maintenance District No. 1-12 ~Interirn}, Bakersfield, California,, for Fiscal Year 1996-9?," 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. 3. The Council hereby requests the Board of Supervisors to consent to the inclusion of the unincorporated territory described in Exhibit "A" within proposed Maintenance District No. 1-12. -2- ,, ~ ~~ ~. m ~ ~ C~I~~~A~ 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 ~A ~ ~ 1996 , by the following vote: ~.'~ S. Ct?U~GUVIEN~ER D~A~DND,CARSON, S~+~TTH, McCERN~TT~ Ro~IIt.ES, SI~.LIVAt~, SALVAGGIQ :~:::~, C4UNCil.~Elu~@ER ,:.~. ~ i SIN: COUNC~I~BER r~~~t: cour+c~u~~a~a~R ACttng CITY CLERK and Ex Office Clerk of the Council of the City of Bakersfield APPROVED MAY : ~ ~ 808 PR~CEv ~ '' MAYOR of the C ty of Bakersfield APPROVED as to form: CITY ATTORNEY of the City off' Bakersfield JAS~mps P:~MAINDIST~ROI~N~ 4/11/96 Attachments: Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit D1-12 . ROI ~~ 1 ~~ ~~ A.. ~~B~~ ~~ C ~~ ~~ D ~~ ~~ E ~~ -3- ~~~~~~ ~~ ~. ~~ ~- F o '~ "~ } '~,,.;,'~A~ MAINTENANCE DISTRICT NO. 1-12 (INTERIM) LEGAL DESCRIPTION A parcel of land being a portion of the northeast. quarter of Section 16, T 29 S, R 27 E, M.D.B. & M., County of Kern, State of California, more particularly described as follows: Commencing at the northeast corner of said Section 16; THENCE (1) South 00° 36' 25" East, along the east line of said Section 16, a distance of 55.01 feet to a point on the south line of the north 55.00 feet of said Section 16, said point also being the true point of beginning; THENCE (2) South 00° 36' 25" East, along the last named east line of said Section 16, a distance of 607.89 feet to a point being the southeast corner of Tract 5775 per map recorded March 17 , 19 9 5 in Book 41 of Maps , Page 17 3 in the Kern County Recorder; THENCE (3) North 89° 48' 07" West, along the south. boundary line of Tract No. 5775 a distance of 1,299.76 feet to intersect the east right-of-way line of Jordan street; I THENCE (,4} North 00° 27' 03" West., along the last named east. right-of-way line, a distance of 587.32 feet; ~~ THENCE ( 5 ) North 44 ° 52' 00" East, a distance of 28.44 feet to a point on the south right-of-way line of Olive Drive; THENCE (6) South 89° 48' 57" East, along said right-of-way line, a distance of 557.11 feet; TRENCH (7) South 88° 56' 52" East., along said right-of-way,. dine, a distance of 330.04 feet; THENCE (8) South 85° 03' 08" East, along .said right-of-way line, a distance of 120.42 feet; TRENCH (9) South 89° 48' 57" East, along said right-of-way line and prolongation thereof a distance of 240.97 feet to a point on the west line of the east 30 feet of said Section 16; 1 ~ ~~~~9 ~ ~~ ~ m c~ ~ 0~~~1NA~. THENCE (10) North 00° 36' 25" West, along said west line a distance of 15.00 feet to intersect the south line of the north 55' of Section 16; THENCE (11) South 89° 48' 57" West, along said south line a distance of 30.00.' to the true point of beginning; THENCE (12) North 00° 36' 25" West, along the last named east line a distance of 55.00 feet to the True Point of Beginning. P:~maindist~legals~legll-12 has EXHIBIT A 2 SAX ~ ~9 ~ ~~ ~~ ~ ~8~~1NA~ City of Bakersfield PUBLIC WORKS DIRECTOR'S REPORT MAINTENANCE DISTRICT N0. 1-12 (INTERIM) Fiscal Year 1996-1997 WHEREAS, on WEDNESDAY, May 2Z, 1996, the Council of the City of 8akersf field adopted its Resolution of Intention No. 1149 to order the establishment of a maintenance district pursuant to the .provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, and referred said proposal. to the Public Works Director, directing him to make and file a Report; and WHEREAS, the Public Works Director filed with the City Clerk of the Council his report, in writing, which Report is as follows: Public. Works. Director's Repo,_.,~rt City of Bakersfield, Maintenance District No. 1-12 Interim), is generally described as a district bounded by Olive ( Drive on the north, Fruitvale Avenue on the east, a l~.ne 662.90 feet south of the centerline of Olive Drive on the sout~i, and Jordan Street an the west and as specifically shaven on Map and Assessment Diagram marked Exhibit "B," attached hereto .and incorporated herein by reference as though fully set forth, ~s a district within the unincorporated area ultimately to be annexed. into 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 f files this Report and proposed assessment of and upon all parcels of property within the district- for the cost of mainta~.nng public street medians and other. public. street landscaping improvements. The improvements generally include, but are not 1,imited to, plant forms, drainage facilities, irrigation system pipes, conduits, water mains. and/or sprinkler systems therefore, sidewalks, walkways, and ornamental planting, including. shrubs, ground covers. and trees now existing or hereafter to be constructed or planted in and far said maintenance district and are of a public nature. The assessment includes the cast 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. EXHIBIT "1" - - ~ ~,~~~ 1 ~~ y~ ~ " ~r I~r '~ ~~~~INA~ For many years, public parks, public street median and other public street landscaping improvements in the City were maintained through traditional tax revenues. After Proposition 13, in 1978, funds available for maintenance and operation of parks, street median and 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. 1-12 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 1996-97 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 an assessment for the 1996-97 fiscal year as shown in Exhibit "E". When merged into the Consolidated Maintenance District, it is expected to laced in street tier 3. The estimated maximum cost for p . residential development is $150.00 per Equivalent Dwelling Unit based on full build out of the benefit area at existing zoning, using 1996 dollars and 1996 Parks Department maintenance and overhead costs. The district will consist of residential use, thus all arcels within the district will be affected. Sensory benefits. p . .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- r ~~~~~ 3~ ~r A~ 1~ ±~ 14 HOW THEREFORE, I, RAIL M. ROJAS, Director of Public Works of the City of Bakersfield, by virtue of the power vested in me and the order of the Council of said City, hereby submit the Fiscal Year 19 9 6-9 7 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. 1-12 (Interim), subject to approval from the Board of Supervisors be assessed to pay the cost of maintenance and operation in said district. Dated: RAUL M. ROJAS Director of Public Works City of Bakersfield -3- ~fi ._ ,~., °~ r- ,~ ~ MAP AND ASSESSMENT DIAC~IAM FOR MAINTENANCE DISTRICT N0.1-12 (INTEPoM) BAKERSFIELD, CALIFORNIA I~~ SCALE: 1"= 100' CONC, MON. >r RAIE WWKED 'K.GS. 910,15,16 T.29 S., R.21~ 6-1-65' W MON. ~i LIL KC.S F.9. 115 9 piI- O~ ~~w ~w W+~ ~ f U i OLIVE s~'~'3rE DRIVE 1317.~~ 1 ~ W IPj ~ 27 28 W 26 h- PEMBROKE 24 AVENUE, >` ~ PART 22 21 2Q 1' KIM6ERLY~. ..., _. ~. oa~G ~ ~ ~ ~ ~ ~~~ AVENUE I 11z OLEO w THE OFFICE OF THE qTY CLFAK THIS DAY OF . 19._.. AN ASSESSMENT MA5 1E41ED 8Y THE pTY CouNal ON THE LOTS, PIECES AND PARCELS OF LANG SHOWN ON THIS ASSESSMENT DIAGRAM, SAID ASSESSMENT WAS LEVED ON THE DAY OF . 19_; SAS ASSESSMENT DIAGRA#I AND THE ASSESSMENT ROIL MERE RECORDED IN THE OFFICE OF THE DEPARTMENT OF PUBLK: WORKS OF 5AI0 aTY ON THE DAY OF . 19_,_, REFERENCE IS MADE TO THE ASSESSMENT ROLL RECORDED IN THE OFFICE OF THE DEPARTMENT OF PUBLIC WORKS FOR THE EXACT AMOUNT OF EACH ASSESSMENT LEV1E0 AGAINST EACH PARCEL OF LAND SHOMM ON THIS ASSESSMENT DIAGRAM. ~0.9T ~l F . ' W Z F * W ~ ~. t W ~ ~ _..f ., s ~ S W ~~ WESTLAKE DRIVE KIMBERLY XY~NUE I FILED FOR RECORD THIS DAY OF 19_, AT ._,.,M., IN 800K OF ASSESSlffNT DISTRICTS AT PAGE Nei THE OFFlCE OF THE COUNTY RECOf~ER aF T!~ COUNTY of KEr~, sTAIE of cwFaRtrA. JAMES W. Y1-PLES COUNTY Ct.ERK REORDER BY DEPUTY r~EC~RDER RECORDED IN THE OFFICE OF THE DEPARTMENT OF PUBLIC MOAKS THIS DAY OF . 19_ DIRECTOR OF PUBLIC WORKS BAKERSFIELD, CALIFORNIA ~AK~~ EXHIBIT 'B~ ~~ ~~tt' ,~ia~ rnf• S?BGiCHN s!+t~.r ~ n~ r s ~ 1-- '.. F..~. „o . •~ ORiG1~1A~ MAINTENANCE DISTRICT 1-12 (INTERIM) CITY OF BARERSFIELD BENEF LT 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 ~ S_.~.._X ~._. b ~~~~~~ ~, ~~ EXHIBIT "C" ~- Page 1 of Z ~- ~~ ~ EQUIVALENT DWELLING UNIT (EDU) CHART Equivalent Dwelling Units (EDU's) shall be calculated by use or potential use per zoning as follows: USE EDU 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 dawn 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 U: JOHNT\MAINDIST\FORMULA\1~ID1-12 equal the acreage multiplied by 12 .rounded down to the nearest whole number. 6/acre Rounded to nearest .Q1 0.71/unit 1.00/unit Each calculated. per the above. ~~~~~ ~ s ~. ~- ~ r '~ :7 ~~1~1NA~ EXHIBIT"C" Page 2 of 2 EXHIBIT "Dr MAINTENANCE QISTRICT N0.1-12 (INTE RI1Y~ SAID ASSESSMENT IS MADE IN A~;CORD~~NCE WITH THE 6ENEFlT FORMULA ATTACHED HERETO. 196 -197 BUDGET Grass Budget Arnaunt Required ~t~ty Steff Services a Ccnb~act, Supplies, M~erids, Utiiitiea, and Overheat Caets~ Es~matied Bunning Fund 8afance ((Defiafj Less: City Contribution NET AMOUNT T+0 BE ASSESSED P.~MAINaIST1EXHIBITSIMDI-12D.11ViC1 JAS ~ ~A~fi~ ~ ~~ .~. -- ~- ~ c~~ ~ S8.OE10.00 ~Q.00 :7.410.00 EXHIBIT "d• EXHIBIT aEa ASSESSMENT ROLL MAINTENANCE DISTRICT NO. 1-12 (INTERIM) FISCAL YEAR 1996 -1997 Assessment Parcel No. as shown on Map ,Total Exhibit "B" Assessment 506-380-05-00-3 $247,00 506-380-06-00-6 $247.00 506-380-07-00-9 $247,00 506-380-08-00-2 $241,00 506-380-09-00-5 $247,00 506-380-10-00-7 $247,00 506-380-11-00-0 $247,00 5~-380-13-00-6 $247.,00 506-380-14-00-9 $241,00 506-380-15-00-2 $241.00 506-380-16-00-5 ~ $247.00 506-380-17-00-8 $247,00 506-380-18-00-1 $247,00 506-380-19-00-4 $247,00 506-380-20-00-fi $247.00 506-380-21-00-9 $247,00 506-380-22-00-2 $247,00 50fi-380-23-00-5 $241,00 ..506-380-24-00-8 $247.00 506-380-25-00-1 $247,00 506-380-26-00-4 $247,00 506-380-27-00-7 $247,00 506-380-28-00-0 $247.00 506.-380-29-00-3 $247.00 506-380-30-00-5 $247,00 505-380-31-00-8 $247.00 506-380-32-00-1 $247,00 506-380-33-00-4 $247,00 506-.380-34-00-7 ..$247,00 506-380-35-00-0 $247,00 Total $7,410.00 Date; Cry Clerk and Ex Officio Clerk of the Council of the City of Bakersfield ~ ~. ~~ s ~M Y,.~S .l1 .0.~ ~~• r .+~ ;'~ r APR-12-96 FRI 14.22 BAKERSFIELD PARKS DN CITY OF BAKERSFIELD C~l~~1~~104~ ~C~~~I~~~ ~C~~~R~'(~~~4 ~~~~ ~O~a~O~I~O FAX N0. 18058610864 P. 02 CALIFOgNlA ~`~"~ 1990 Probuilt domes Mr. iViark Shuman b~ol I~IcDjvitt DtiYe, Snite D Bakersfield, C,A 93313 Mach 25, 1996 b 1RPr; 'FACT' 5775 . CITY ANNE~ATIO~ Dear Mr. Shuman: It has been brought to my attention that there ma be • of the st a $ome °°n~~0n regatd~ng the niaintenanC~ r et lan Y dscaping when the above tract is annexed to the Ci . tY This tract:: was completed in the tinincor rated area o ' w po f the City and a County Service Area CSA as to be established to maintain the la ca ~ { } . nds .ping. Since the anne>ation is ndin the Cou ~ndlcated they wi~i not be assumin the res ' ' ' ' ~ ~ & ~~ has g pons~bilitles for the street side lar,dsca m , la g Under current City 1i a landsca e . . P~ ry P Maintenance District, ~vhieh is similar to a. CS ' funding mechanism. utih~ed for tnai to A, is the ~ Hance of sheet landscaping, V~hen the annexation was reviewed by the City Planning Department it was m undo ' maintained th o ~ y tstanding the street landscaping would he r ugh the established Homeowner Association' and t e e Nlalntenance ' t ' ~ ~ h t fore, we did not request a Dis net be established, In ordex for the City to assume maintenance res ' .. ' . Dist~ct ponsibilities, it will be necessary to establish a T understand you definitely intend to have the C' ' contact Ms~ Ma 'a ity maintain the street landscaping. Please ri n Shaw, clo pity Public Works De art>7lent 1501 initiate the Di t 'ct ~ P ~ Ttun Avenue, X326-3724 to s n .This establishment process usually tapes several moist for the Ci to be 'n mainte ~ hs to con~plete.~ In ordc f tY $i Hance immediately al~e~ the annexation is finali the process as soon as ssib a mod, we do need to start po 1 , My staff' and I, as well as others who wort for the ` • City, are committed to maktn the transifiion fro county to qty as smooth as possible. Yf ou need a ' ' g rn ~ Y d~tional information or v~ould like to discuss thi rther, please call me, Thank you for our ame on t . s Y lus matter. Simcere~y, FRANK ~ABBRI Parks Superintendent ce: Jack ~ardisty, Develo meet Services Disc P clot haul Rojas, Public forks Director Malyan Shaw, ~ngit~eet III 4~0~ 'rRUXTUN AVENUE BAKE~SFI ELD, CAlIF4RNiA ~~~ ~cC IE II ~I1~ Before Thy Board of Supervisors ~~ry Z ~ 1Y96 COllI2ty Of KC771~ SIQ~C Of CQZLfO77ZlLl ENGINEERING DEPARTMENT In the matter of: Resolution No. Reference No. CONSENT TO ESTABLISH CITY OF BAKERSFIELD MAINTENANCE DISTRICT N0. 1-12: 96-277 9611946 I, SUE DAVIS, Clerk of the Board. of Supervisors of the County of Kern, State of California, hereby certify that the following resolution, on motion of Supervisor Ashburn ,seconded by Supervisor Shell was duly and regularly adopted by the Board of Supervisors of the County of Kern at an official meeting thereof on the 18th ,day of June ,199=, by the following vote and that a copy of the resolution has been delivered to the Chairman of the Board of Supervisors. .AYES: ASHBURN, PEREZ, PATRICK, PETERSON, SHELL SUE DAVIS Clerk of the Board of Supervisors NOES: N N 0~ s~p o E ~ Count of Kern State of Calif rn~ y Y o a ABSENT: NONE ~ ~° BY: e ut Clerk ~. _ G p Y 'LUTION Section 1. WHEREAS: 1. The City of Bakersfield intends to form a maintenance district (pursuant to Division 7 Chapter 26 of the Streets and Highwa s Code of the State of California for the rovision y } p of maintaining and operating public improvements within the boundaries of the proposed Maintenance District No. 1-12, in the County of Kern; and 2. Certain property that will benefit from the maintenance district is located outside the Bakersfield City limits; and 3. Under California .Streets & Highways Code Sections 5820 & 5823, it is necessary that prior to including unincorporated territory within such a maintenance district, the City of .Bakersfield must receive the consent of this Board of Supervisors; and 4. The City of Bakersfield has submitted to this Board, for approval, its Resolution of Inten#ion (E~tibit A} to form the subject maintenance district, and has requested this EXHIBIT '~Z~~ #96-21~ Board's consent to certain property located outside the boundaries of the City of Bakersfield being included within the boundaries of the proposed maintenance district; and 5. The City of Bakersfield has assured this Board that under no circumstances will the County of Kern be liable for the payment of any costs, damages or assessments relating to the subject maintenance district. SECTION 2. NOW, THEREFORE, BE IT HEREBY RESOLVED by the board of Supervisors of the County of Kern, State of California, as follows. 1. That the Resolution of Intention to establish Maintenance District No. 1-12, .presented to this Board by the City Council of the City of Bakersfield, is hereby approved. 2. This Board hereby grants its consent: A. To the formation of the maintenance district referred to in said Resolution. of Intention; and B. To the assumption of jurisdiction by the City of Bakersfield for all purposes in connection therewith. 3. That the plats indicating by boundary lines the extent of the territory included in the proposed maintenance district, submitted by the City of Bakersfield and on file with the Clerk of the Board, are hereby approved. 4. That the City of Bakersfield shall file with the Clerk of this Board a copy of the map or maps showing the final boundaries of the subject district immediately following the recording of said map or maps. . 5.. That the Clerk of this Board shall forward copies of this resolution to the following: City. of .Bakersfield County Administrative Office Engineering. & Survey Services Department J:IMNTDST1-.wPD 2 F.~h i~rT 'gyp„ RESOLUTION OF INTENTION H0. .1149 A RESOLUTION DECLARING INTENTION TO ESTABLISH MAINTENANCE DISTRICT HQ. 1--12 INTERIM PARK ~ ~~ ~ WEST PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT THE BOUNDARIES OF THE FROPOSED DISTRICT THE FAIRNESS OF THE BENEF3T FORMV]LA AND T AMOUNT ~ HE OF ASSESSMENT TO HE LEVEED AGAINST EACH PARCEL. . ~THEREAS, Chapter 13.:04 of Title 13 of the Munici a1 Code of the City of Bakersfield p provides fir an alternative procedure by which the City Council may rovide for the a en or an p p, ym t of the .whole y part of .the costs and expenses of maintainin and o eratin any. ublic im roveme g p g P, p nts which are ,local in nature, from annual benefit ,assessments apportioned anion the several lots of ro ert w' ~ or parcels p p y Rhin the maintenance d~.strict established therefor• and ~ WHEREAS, the propert owners has re u ' y O q ested the City Council to establish a maintenance district in accordance wit rocedures establ' h the P fished therefor by Chapter 13.0.4 of Title 13 of the .Municipal Code of the City of Bakersfield and the Public Wo rks Director recommends such formation; and RIEAS, 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 des' • ignated Ma,~ntenance District No. 1-12 (Interim, generally described in Exhibit "A " attache . d hereto, to maintain and operate the local im rovements inclu ' ublic street la p ding P ndscaping; and WHEREEAS, the Public Worl~s :Director has on this date filed with the~Clerk of said Cauncl 'his Re ort attached here p , . , to and incorporated herein b reference as N '~ • y Exhibit 1 , oontalning the :following. . (a~ a description of each parcel of pro ert in the p Y . proposed .maintenance district, attached hereto as Exhibit "A" and inco orated as thou ~ gh fully set forth; . (b) the .improvements tO be maintained b this distric y t . speclf ically are var,~ous items a.ncluded within the boundaries •as shown on Ma and Assessment ' • P Da.agram for Maintenance District No. 1-12 Interim • ~ ( ~- Exhibit B, on f ~,le xn the offices of the Cit ~, C erk and Public Wok y . r s Director of the Ca.ty; (c) the Benefit Formula set forth as Exhibit "C"~ -1- ~ $A~~~ 0 ~',~ .~. r ~. m ^+~f^ ~' ~ (d~ a Budget, Exhibit "D," containing thematters 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(s) of the property described in Tract.Map X10. 5775 within the unincorporated area of Kern County, of which waives all righ s to a public hearing and to a protest hearing as required by the Brown Act and Chapter 13.04 of the Bakersfield Municipal bode. Mow THEREFORE, 8E iT RBS4LVED by the C:ity Council of the City of 8akersf field, .State of California, as follows 1. The foregoing recitals are true and correct and are .incorporated herein. 2. The City Council herby preliminarily adopts. .and approves the Public Works Director's Report and decYares that the territory within the boundaries so specified and described is the district benefiting from said local improvements; that the a ense . ~P of maintaining and operating said improvements is hereby :made assessable upon said district; and that the exterior bdundaries of said district are hereby specified .and described to be as shown on that certain.. map now on file in the Office of the City Clerk of the City of Sakersf field and in the office of the Publ~.c 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 Igo. 1-12 (Interim, Bakersfield, California, for.Fiscal year 1996-97," which ma P indicates by a boundary line the extent of the terr~.tory included in said proposed district and shall overn for all detail as to g the extent of the maintenance district. 3. The Counci hereby :requests the Board of Supervisors to consent to the inclusion of the unincorporated territor • • ~ • " N ~ • ~ , , Y described in Exha.bit A with~.n proposed Maintenance District No. 1-12. _~_ ,'~ n~ ~~;y, ~ o ~s,~ ~. ~- m ~ r ~3 ~~IGitiA~ 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 Z~ b the ~ ~_„ Y following vote.: ' ~:'~: Ct~UNCIUV~MB~R D~~MONp, ~AASON, S~~pTH, McDEAMOTT, AI~IIES, SU~.IVAN, SAI.VAGG~O ., COUI~lfau~Elut~A ~...., %~lN; COUiVC,l.MEl~iBER SENT: C4UNCIt~N~~EA Actin c~ ~~ ~ ~ TY CLERK and Ex Offici Cler of the Council of the City of Bakersfield APPROVED irlAY = Z ~ 808 PRICE" MAYOR of the C ty of Bakersfield APPROVED as to form: CITY ATTORNEY of the City o~ 8akersf field JAS~mps P: ~MAINDIST ROI` MD1--12 . ROI .4/11/96 Attachments: Exhibit "1" Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E " ~' ~~~ ~~ ~~ ~, 0 ~~ ~~ ~~ o ~' ~o ~' ..~ va x~ ~~ o .o ~' ~ ~'~ 0 ,~ ~,,~, c '~ ~ :~ ~~ U •~ o. 0 ~~ w ~a ~~ ~ o .~ o ,~ c ^~ • MM ~ ~'f i ~ U •~ > .~ ~„~ V ~. d ~c a ~~ '~ ~' a ~~ .~ ~ ?~ °~ ~ ~~ ~~ ~~ ~~ ro[ c~ ~~ ~~ 0 .~ ~ ~w .~1 '"M M :; ~.: .... .: ~.: .,.; ~:~ .:,. ~.. .,,,;, .:•.„. ' '~:'ti • ~ ~"~ ~~M ~•,~.•ti.~'L +~~ti~f .".•'• ~ ' ~~~~'j ~ i ~~ ~ N .~ .. 1 r' .. Y ~, ... '.'«.i .~~ ~ w ~~ ~'~+ =` m ~- 4 ~~ ~ tia~ t~' City of Bakersfield PUBLIC WORKS D I RECTOR' S_~ RE PORT MAINTENANCE DISTRICT NO. 1-12 (INTERIM) Fiscal Year 1996-1997 WHERIEAS, on WEDNESDAY, May ZZ, 1996, the Council of the City of Bakersfield adopted its Resolut-ion of intention No. 1149 to order the establishment of a maintenance district pursuant to the provisions of Chapter 13.4 of Title 13 of the ..Municipal Code of the City of Bakersfield, and referred.said roposal to the Public Works Director, directing him to make 'and file 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 ReDOrt~ _~ City of Bakersfield, Maintenance District No. 1-12 (Interim), is generally described as a district bounded b Olive Y Drive on the .north, Frutvale Avenue on the east, a line 662.90 feet south of the centerline of Olive Drive on the south, and ~Tordart .Street 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 ~-thin the unincorporated area ultimately to be annexed .into the City of Bakersfield. Pursuant to the provisions of Chapter 13.4 of Title 13 of the Municipal Cade of the City of Bakersfield, referred to as the Maintenance District Procedure, the Public Works Director makes and files this Report and proposed assessment of end u n all parcels of property within the d~atrict .for the cost- of ~aiataining public street .medians and other public street land da i~a . ~ P 9 iaaprov~emeats. The improvements generally include, but -are .not limited to, plant farms, drainage facilities, rri anon s stem ~ Y pipes, conduits, water mains and/or spr,~nkler systems therefore, sidewalks, walkways, and ornamental planting, include shrubs . g . ground covers and trees now existing or hereafter to be constructed or p anted in and .for said maintenance district and are of a ublc P nature. The a sessment includes the cost of necessary repairs, replacement, water, electricity, care, supervision and any and all other ite~s necessary for the .roper maintenance and o aration . P, p thereof, and all additions and improvements thereto which may hereafter be made. :EXHIBIT "1" ... s~ +: T .... r . 1 ~~ ~~~GI~iAL For many years, public parks, public street median and other ,public street landscaping improvements in the Cit were y maintained through traditional tax revenues. After Proposition 13, in 1978, funds available for maintenance and o eration of arks P P street median and other street landscapin im rovements -were ,4 P substantially reduced. At present, the City's budget does not allow for maintenance and operation of street landscaping improvements of the t e described above. Thus without funds for ~ r 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 landsca in im rovements to be constructed . P g P within the City. Maintenance District No. 1-12 Interim), is being e tablished as an interim maintenance district for the maintenance of public street median and other street landsca in At the-end Hof the . P g 1996-97 f~.sca1 year this interim district will be merged into the Consolidated Maintenance District established b t ' he City Council 0 • ~ y • n 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 w-ill have an assessment for the 1996-97 fiscal year as shown in Exhibit "E". When Baer ed inito the Canso 9 • lidated Maintenance District, it s expected to be placed in street tier 3, The estimated .maximum cost for residential development is $150.4 er E uivalent Dwel ' P , q ling Una.t based on full build out of the benefit area at existin zonin usin 1996 d g gr g ollars and 199b Parks Department maintenance and overhead costs. •The district will consist of residentia use, thus .all parcel within the district will be affected. Sensor benefits from insta ~ y iling 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 Dwellin Unit • g basis throughout the district. The Benefit Formula is .set forth herein as Exhibit "C"-and attached hereto and incur o ' p rated in this resolution as though fully set forth herein. -~- . ~~~~~ .,~ s ., . ~, ~.r ,, ~~ ;,~ ,.... ~- a NOW THEREFORE, 1, RAUL M. ROJAS, Director of Public Works of the City ~f Bakersfield, b virtue of the owes vested in me a Y p nd the order of the Council of said .city, hereby submit-the Fis-cal Year 1996-97 Budget and Assessment Roll as set forth in Exhibit "D" and Exhibit "E," respectivel attached hereto and incor orated Y~ p herein as though fully-set forth, upon all parcels of ~ ro ert p p Y within Maintenance District No. 1-12 Interim), subject to a royal from the Boa pp rd of Supervisors be assessed to pay the cost of maintenance and operation in said district. Dated: __ RAUL M. ROJAS Director of .:Public Works City of Bakersfield -3- • ~ ,~ ~~~~ v, .~ r ~, rr ~. .. *~ MAINTENANCE DISTRICT NO. 1-12 (INTERIM) LEGAL DESCRIPTION A parcel of land being a portion of the northeast quarter of Section 16, T 29 S, R 2? E, M.D.B. & M., County of Kern, State of California, more particularly described as follows: Commencing at the northeast corner of said Section 16; THENCE ~ 1) South 40° 36' 25" East, along the east line of said Section 16, a distance of 55.01 feet to a point on the south line of the north 55.00 feet of said Section 16 said oint p -also being the true point of beginning; THENCE ~2y South 00° 36' 25" East, along the last named east line of said Section 16, a distance of 607,89 feet to a ' point :being the southeast corner of Tract 5775-per rnap recorded March 17 , 19 9 5 in Book 41 of Maps , Page 1 ? 3 in the Kern Count Y Recorder; THENCE (3~ North 89° 48' 07" West, along the. south boundary .line. of Tract No. 5775 a distance of 1 299.76 feet . - to intersect the east right-of-way line of Jordan Street; WHENCE ~4~ North ~0° 27' 03" West, along the last named east right-of -way l sine, a distance of 5.8.7.3.2 feet • THENCE ~ 5 ~ North 44 ° 52' 00" East, a distance of 28.44 .feet. to a point on the south ri ht-of--wa line of Olive Drive• g Y , THENCE (6) South 89° 48' 57" East, along said right-of-way line, a distance of 557.11 .feet; THENCE ~ 7 } south 88° 56' 52" East, along said right-of-way line, a distance of 330.04 feet; THENCE (8j South 85° 03' 08" East, alon said r ht-of-wa g g Y line, a distance of 124.42 feet; ~N~S {9y .South 89° X48' S7" East, alon said ri ht~-of-wa g g Y line and prolongation thereof a d~atance of 240.97 feet to a point on the west line of .the east 30 feet of said Secto • n 16, 1 ~;~ ~~~~~ ~ ~~ .~. ,. ~. m ~ ~ V P m THENCE ~10~ North 00° 36' 25" West, alon said west line a 9 distance of 15.00 feet to Intersect the south line of the north 55' of Section 16; THENCE X11) South 89° 48' 57" West, along said south line a distance of 30.00' to the true oint of be innin • P g g• THENCE t12} North 00° 36' 2.5" West, along the last named east line a distance of .55.00 -feet to the True Point of Be innin . 9 g F:~maindist~legals~legll-12 jas , EXHIBIT A 2 ~~ ~~~F~ ~'~ s ~. ~ ~. v ~ MAP AND ASSESSMENT DIAGRAM FOR MAINTENANCE DISTRICT N0.1-12 pNTERIM) BAKERSFIELD, CALIFORNIA ~~~~? W ~ ~ ~,a~sMO~~a ~ ~w ~.~.cs O ~' ~W ~ ~~ 1 W VHF ,...~..r..,.. ~r~/ UI ~ ~ a~w......~I~Ir.,, ...n~r.~ ,~I~ri.~ ..+~..~..i.. ~/ ~~ ~ ~r..i.~w. ~rrwr~ OLIVE ~ D I~ 11/E s,~.~s' ~1,~ serer ~.~r ~ ~~• w. • ~M wow ww wow • •~ • M w. _ 1 ~ w. .. w' z~a9r W~ ~~ 3 t ' W W~ T6 ~ ~ 30 ~ I 1 3 4 3 6 ~ ~~ ~ I- ~ ~ Z in~ Y ' ~ . W ~ PAR ~ i ~ ~ ~ K o. WEST CiRCIE ~ Q ~~ i ~, PEMBROKE Z4 31 ' AVENUE ' W ~ ~ J PARK ~ NEST CIRC~.E ~ ~ ). to d ~ u~ ~.` ~ ' ., _ z~ ~ ~a ~s ~~ ~s IS i4 ~~ t? a ~ ~ KIMBERLYi ~ ~T~ ~ tx rM ot:w~cr oou~awrr ,~00°~ N ~ ate"-sue ~ M.~E5TIAKE AVENUE ' 'r ~a ~+~,~ ,u t~cs~'IaA ~ OR VE 1 1 KIMBERLY 1 AVENUE 1 rNtD N TlE OFNR ~ TI1C ATY t~'Rlt fl~ ~.~... OAY Q »~,,, an aaec a nE aTr of e~s~to, r,~,iFaarlA AM ALIT 1-AS at1Af0 0Y TIE QTY COUNCIL ON 11E LAIR, FECES M~ PARCDS OF LAarD 5110M~1 ON TMS SIT DIApfAY. SAID ASS~SS1aIT 1MAS LEV~D ON 1NE .,,~, pAY ff ~~;..: sAn AtI~SIrENT a~Iltw uo TIE T Rots ,tERE REC01lQED N ~ OFfICE of ~ oaMTrar of t~tlet,It; wags ar srtta arr ow ~ .,,,_ oAr AF it,,,_, 'tom tS truOE TO RtE ASSES9~iT ROIL 1lECOItOED 11 THE OFFICE OIL T}# OEI'ARTAp~IT OF PtaDLIC WORKS Fat ,NE EXACT AMQINT OF EACH A~9rkTiT LENED ,~cA~aT Ei1CH PAACEL Cf w+a SIIO~I oN TINS T q, ~~ on a~tK a TIE cTY aF eNm, cu~arw~ FOR REt~ttO 11Ni ~~,,,•,~ OAY of 11,.,,., AT ..~..,~. ~,.M. M a00t w,,,..~, OISIRICTS AT PACE ,,..,,,, N 1EE OF ~ OdSIT1- AEC01lQER OF 1ME 00{RITY OF 111, 3TA1E OF CAtJ~dtliA, (raRi,Y Q.EIMi AE11 /L' yEPUtY pE RE00>TOED M 1HE ~ ?I+E OEPARTYENT OF ~4l~JC >NORICs TMs ,.•,.._, OAr ~ ttr, DIIECIOR Oi PtJgLJC wOlbiS ~ CAUFt~lINA ~AK~~ ~XM181T 'B' c~~ . ~s' t~ ~.. c~ ~ o ~R~~I~iA~ MAINTENANCE DISTRICT 1-12 (INTERIM) CITY OF HA-RERSFIELD ~EHEFIT;FORMULA Each parcel in the Street ,Landscaping Zone of 8eaefit shall be risessedthe amount as defined in~~l) below: ~ 1) shall equal the dollar amount budgeted, for the maintenance :and operation of the STREET ZA~HDSCAPING ~S) within the district, adjusted for prior year fund balance or deficit; Multiplied by (a): The number of E uivalent Dwellin Units q 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) = S ]C 8 Y t b ~'~ BICUIBiT "C" Page 1 o f :.~ Q ^.~,1 a;~r~~ EQUIVALENT DWELZIHG UHIT t ED, U.,~,,, ~T Equivalent Dwelling Units ~EDU's) shall be calculated by use or potential use .per zoning as follows: ~TSE ED REMARKS Agricultural Zone 1.0 Per parcel Single Family Detached) 1.0 Fer parcel Dv~elling Unit, less than . .' 5 acres Undeveloped R-l coned 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 nu~ber. 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 mu tplied by 12 rounded down to the nearest whole nwmbe=. Non Residential 6/acre Mobile Homes in parks 4.71/unit Rent Space) ~~ Mobile .Homes in .~ 1.00/unit subdivisions ~Qwner) Mixed Use U = JOBK `MAINDI ST 1FORMtTL~11MD1-12 Rounded to nearest .~01 Each calculated per the above. ..~ ~A~F~ ~~ ~~ ~. ~' J ~ '~ql INA: HABIT "c" Page 3 of ~ EXHIBR'D~ MAINTENANCE DISTRICT N0.1-1 Z ~INTE RIMj SAID ASSESSMENT IS fil~At~ IN A~rCURC~~NCE WITH THE BENEFti' F~RMUTA ATTACHED HEFT. X996 --19®7 BIJDCaET Gross Budget Amount Aequi~ed (C~ty Step Services a Gontact, St~pliee, M~eria~, U~iGtiee, and OHefiead Coeby fstima~ed Beginning Fund 8a~nce 1 ~Defia~ less: City Contribution HET AMOUNT TG gE ASSESSED X8,000.00 :0.00 X590.00 37,410.00 EXHIBR "Dr' P~MAIN~S'1E~~IIBfTSih~ID1-12D,WK1 ~ 3AKF,~ .~ s~ JAS •~- '' ~ T .~. r". M '~ ~r•,/~i ~ 'r"';i'~1t~N EXHIBIT"E" ASSESSMENT ROLL .~ MAINTENANCE DISTRICT N0.1-12 INTERIM} FISCAL YEAR 199fi -1997 Assessment Parcel No, as sf~wn on Map Total Exhibit "8" Assesr~ment 506-380-05-x0-3 $247,00 50fi--380-06-00-6 $241.00 546-380-O1-00-9 $247,00 50fi-380-08-00-2 $247,00 506-380-09-00-5 .$247,00 506-380-10-00-7 $241,00 506-380-11-00-0 $247.00 546-380-i3~-40-6 $247,00 506-380-14-00-9 $247,00 506-380-15-00-2 $247.00 506-380-16-40-5 $247.00 ..506-38~-11-00-8 X247.40 506-380-18-00-1 $247.00 506-380-19-40-4 ~t47:00 50fi-380-20-00-6 $241.00 506=-380-21-00-9 $247.00 506-380-22-00-2 $24?.00 .506-380-23-00-5 ~ X247.00 506-380-24-00~-8 $247:40 .:.506`380-25-00-1 :. $247,00 5~-380-26_00-4 $247.00 50fi-380-Z7-00-7 $247.00 5.06-380-28-44-4 $247.00 50fi--380-29-00--3 $247.00 506-380-30..00-5 $247,00 506-380-31-00-8 $241.40 506-380-32..00-1 $241,00 506-380-33-00-4 $241,00 506.-380-34--00-1 $24T,00 506-380-35-00-0 $247.04 Total ~ $1,410,00 Date: City Clerk and. Ex Officio Clerk of the Council of the City of 8aker~ield ,~ ~ ~, ~ ~' ti• - r'' C ,~-~ .. ~., ~; r.. ...,'` ' ~ 6 z. . ~~ 1 96~~So~GG\~`\ BCeou~ne ohK rn~ Statefo Cali oLrnias ~P~~,~ h' f I f In the matter of: ~ Resolution No. 96-271 Reference No. 9611946 CONSENT TO ESTABLISH CITY OF BAKERSFIELD MAINTENANCE DISTRICT N0. 1-12: I, SUE DAMS, Clerk of the Board of Supervisors of the County of Kean, State of California, hereby certify that the following resolution, on motion of Supervisor Ashburn , ,seconded by Supervisor Shell ,was dul and regularly adopted by the Board of Supervisors of. the County of Kern at an Y official meeting thereof on the 18th ,day of June ,199, by the following vote and that a copy of the resolution has been delivered to the Chairman of the Board of Supervisors. AYES: Section 1. vUHEREAS: OLUTION 1. The City of Bakersfield intends to form a maintenance district {pursuant to Division ?Chapter 26 of the Streets and Highways Code of the State of California) for the provision of maintaining and operating public improvements within the boundaries of the proposed Maintenance District No. 1-12, in the County of Kern; and 2. Certain property that will benefitfrom the maintenance district is located outside the Bakersfield City limits; and 3. Under California Streets & Highways Code Sections 5820 & 5823, it is necessary that prior to including unincorporated territory within such a maintenance district, the City of Bakersfield must receive the consent of this Board of Supervisors; and 4. The City of Bakersfield has submitted to this Board, for approval, its Resolution of Intention {E~tibit A) to form the subject maintenance district, and has requested this ASHBURN, PEREZ , PATRICK, PETERSON, SHELL SUE DAM S Clerk of the Board of Supervisors ~ ~~1P NONE ~ ~~, County of Kern, State of Cal~forn~a #96-277 Board's consent to certain property located outside the boundaries of the City of Bakersfield bein included within the boundaries of the proposed maintenance district; 9 and 5. The City of Bakersfield has assured this Board that under no circumstances will the Coun of Kern be liable for the a ment of any costs, damages ar assessments relating ty p Y to the subject maintenance district. SECTION 2. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Board of Supervisors of the County of Kern, State of California, as follows. 1. That the Resolution of Intention to establish Maintenance District No. 1-12, presented to this Board by the City Council of the City of Bakersfield, is hereby approved. 2. This Board hereby grants its consent: A. To the formation of the maintenance district referred to in said Resolution of Intention; and 6. To the assumption of jurisdiction bythe Gity of Bakersfield for all purposes in connection therewith. 3. That the tats indicatin b bounda lines the extent of the territory included in the p gY ry ro osed maintenance. district, submitted by the City of Bakersfield and on file with the pp Clerk of the Board, are hereby approved. 4. That the City of Bakersfield shall file with the Clerk of this Board a copy of the map or ma s showing the final boundaries of the subject district immediately following the p recording of said map or maps. 5. Thatthe Clerkof this Board shall forward copies of this resolution to the following: City of Bakersfield County Administrative Office Engineering & Survey Services Department J:IMNTDST1-.wPD 2 EXi7iI~~T ~~p„ RESOLUTION OF INTENTION N0. 1149 A RESOLUTION DECLARING IHTENTION TO ESTABLISH MAINTENANCE DISTRICT N0. 1-12 (INTERIM), (PARR WEST] PRELIMINARILY ADOPTING, CONFIRMING AHD APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE BOUNDARIES OF THE PROPOSED DISTRICT, THE FAIRNESS OF THE BENEFIT FORMULA, AND 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 o eratin an ublic p g y p improvements which are local in nature, from annual. benefit assessments apportioned among the several lots or arcels of ro ert wit p p p y din the maintenance district established therefor; and WHERIyAS, the property owner(s) 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 WHERlE1~S, 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 desi aced Maintenance District ~ • ~ • ~ • Ho. 1-12 (Interim}, generally described in Exhibit "A" attached hereto,. to maintain and operate the local improvements includin g public street landscaping; and WHERI~AS, 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 o~f 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 within the boundaries as shown on Map and Assessment Diagram for• Maintenance. District No. 1-12 (Interim), Exhibit "B," on file in the offices of the City Clerk and Public Works Director of the City; (c) the Benefit Formula set forth as Exhibit "C"; -~- ~ gAKF,~ 0 S~ ~ m ~ r Ex ~ t N " . . (d~ a Budget, hibi 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 WHERIEAS, the City of Bakersfield has received a letter from,the owner~s~ of the property described in Tract Map No. 5775 within the unincorporated area of Kern County, of 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. I~Ow THEREFORE, 8E IT RESOLVED by the City Council of the City of 8akersffield, 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 eaid i.m rovements is bereb made p Y assessable upon said district; and that the exterior boundaries of aid district are .hereby specified and described to be ae shown on that certain map now on f ile~ in the Office of the City Clerk of the City of Bakersfield and in the Office of the Public Works Director, marked Exhibit "B", .attached hereto and incorporated in -this resolution as though fully set forth herein entitled "Ma and . - P, Assessment Diagram for Maintenance District Ho. 1-12 ~Interuay, Bakersfield, California, ,for Fiscal year 1996-97, " 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. 3. The Council hereby requests the Board of Supervisors to consent to the .inclusion of the unincor orated territor described ~n Exhibit A within proposed Maintenance District Ho. 1-12. _Z_ ~ n~,~;~y 4 ~' s- m -~ r U ~Hf~~ti~~ 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 2 ~ i~96 , b the Y following vote: ' ~.'~: a~lgtlu~NBER D~, C~~ASON, Sf NTH, McDEAMOTT, ~~VIES, S1JLL.N~1, SALU~GG~O ._ . V y~~ a~11~C1t.~A .~ ~ ~r~N: COUNC~i~~BEA SENT: CGUNCItJN~~EA '. Actin ~"`~~` ~ ' ~~ Q CITY CLERK and Ex Office Clerk of the Council of the City of Bakersfield APPROVED NIAY 3 Z 19~ BOS PRICE' / ~ MAYOR of the C ty of Bakersfield APPROVED as to form: CITY the City ~o~' Bakersfield JAS~mps P:~MAINDIST~ROI~MD1-~2.ROI 4/I1/9b Attachments: Exhibit "1" .Exhibit "A" Exhibit "8" Exhibit "C" Exhibit "D" Exhibit "E" '. -3- ~ ~ ~ ,~ ~ ~° . 0 .. d ~ ~° > ~~ ~ . ~ ~ ~ , , o~ ~ W ~ • ~ ~ `~ .~ ~ m ~~ ~ ~ ~ ~~ a o m .~ ~ +~. ~~ a ° ~~° .~ ~ ~~ ~ ~ ~~ ~ ~ v f; ~ ~~ oo ~ ~ ~ .i,. ~~ ~o ~~ ~~ ~ ~' a ~ ~ b C ~ ~. e ~ ~~ ~ ~ ,~ ~ ~ ~~ ~ ~~.~ ~ o ~~~ V' '~ ~~ ~;~~ ~. ~ ~ ~ .~ ~, ~: .: . ~-. .. -.: .. ~'~. . • ~::.: ..,. . ~: ~:•,. . , ..,,. „ .•:: •~. •~. •• ''~-.Z+: • .• .~. 1 f •, ~~ S ~~, •,;,'! ;~ ti ~ • '• : '.'•..~ .~+ ma=r ~" •~ ~'~+ '' m ~- o .. . tia~ City of Bakersfield PUBLIC WORKS DIRECTQR'S REPORT MAINTENANCE DISTRICT NO. 1-12 (INTERIM) Fiscal Year 1996-1997 W~iER1EAS, on WEDNESDAY, May ZZ, 1996, the Council of the City of Bakersfield adopted its Resolution of Iateation No. 1149 to order the establishment of a maintenance district pursuant to the provisions of Chapter 13.04 of Title 13 of the Munici al Code of the Cit of p y Bakersfield, and referred said proposal to the Public Works Director, directing him to make~and file a Report; and t~'HERI~AS, the Public Works Director filed with the Cit Clerk of the Council y his report, In writing, which Report Is as follows public Works Director's Report .City of Bakersfield, Maintenance District No. 1-12 {Interim), is generally described as a district bounded b Olive Drive on the Wort y h, gruitvale Avenue on the east, a line 662.90 feet south of the centerline of Olive Drive on the south and Jordan Street on the west and as specifically shown on Ma and Assessment Dia p gram .marked Exhibit "B," attached hereto .and incorporated .herein by reference as though full set forth as a Y , district within the unincorporated area ultimately to be annexed into the City of Bakersfield. Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the Cit of Bakersfield referred Y ~ to as the Maintenance District Procedure, the Public Works Director makes and files this Report and proposed assessment of and u a all Po parcels of property within the district for the cost of ~aaiatainin ublic street aedians 9 P and other public• street lanascapiag improvements. The- Improvements generally include, but are not limited to, plant forms, drainage facilities, irri anon s stem i es condu g y p,p its, water mains and/or sprinkler Systems therefore, sidewalks, walkways, and ornamental planting, includin shrubs ound covers a g ' gr nd trees now existing or hereafter to be constructed ar planted In and for said maintenance district and are of a ublic nature. The asses P sment includes the cost of necessary repairs, replacement, water, electricity, care, supervision and an and all y other items necessary-for the proper maintenance and o eration thereof and p all additions and improvements. thereto which ma hereafter be made . ~ y EXHIBIT '1" A~~ ~~: sc+ __ T .~. i ~N~G~yA~ For many years, public parks, public street median and other public street landscaping improvements in the Cit were maintained throe h y g traditional tax revenues. After Proposition 13, in 1978, funds available for maintenance and o ' peration of parks, street median and. other street landscaping im rovements were substantiall red P y uced. At present, the City's budget does not allow for maintenance and operation of street landsca in im rovements of the t P g P ype described above. Thus, without funds for maintenance and operating costs from a source other than eneral tax revenues the Ci g ty does not permit new public parks, street median and other street landscaping improvements to be constructed within the City. Maintenance District Ho. 1-12 In ' ~ terim), is being established as an interim maintenance district for the maintenance of public street median and other. street landsca in . At the end of the 1996-97 • • P g fiscal year this interim district well be mer ed into the Consolidated Mainte 9 nance District established by the City Council on June 29, 1994. The district will be assi ed a a ro riate tier in t e ~ n PP P h Consolidated Maintenance District so that each parcel will be assessed the same amount as other arcels receivin a similar bene P g fit, All parcels within this district will have an assess for the 199b-97 f' • meat fiscal year as shown in Exhibit "E". When mer ed into the Consolidated Mainte a g n nce District, it is expected to be placed in street tier 3, The estimated maximum cost for residential development is $150.00 per E ivalent Dwellin ' based on ~ g unit full build out of the benefit area at existin Zonin usin 1996 .dollars a g g' g nd 1996 Farks Department maintenance and overhead costs. The district will consist of residential us e, thus all parcels within the district will be affected, Senso bene ' from instal rY fits .ling street landscaping are aesthetic enhancement and open space enjoyment. Public median and street landsca in will be e ' lot P g n fit all the s or parcels and well be assessed on an Equivalent Dwellin Unit basis~throu hout the distr' g . g • ict. The Benefit Formula is set forth herein as Exhibit "C" and attached hereto and inco orated in ' resolution as rP this though fully set forth herein. _2_ ., . 1 /~ r'~~~~5' ',, A 1'" HoW THEREFORE, I, RAUL M. ROJAS, Director of Public Works of the City of Bakersfield, by virtue of the ower vested in me and P the order of the Council of said City, hereby submit the Fiscal Year 1996-9? 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 pro ert P Y within Maintenance District No. 1-12 Interim sub'ect to a royal ~ ~r ] PP from the Board of Supervisors be assessed to pay the cost of maintenance and operation in said district. Dated: RAUL M. R4JA5-~ Director ofPublic Works City of Bakersfield -3- ..~ ~~F~ ,~~ m ~. ~ .,_,^ „11A~ MAINTENANCE DISTRICT NO. 1-12 (INTERIM) LEGAL DESCRIPTION A parcel of land being a portion of the northeast uarte Section 16 T 29 S q r of R 27 E, M.D.B. & M., County of Rern, State of California, more particularly described as follows: Commencing at the northeast comer of said Section 16• , THENCE (1 } South 00° 36' 25" East, alon the east line of ' Section 16 g said a distance of 55.01 feet to a point on the south line of the north 55.00 feet of said Section 16 said ' also bein the true - point g point of begl~ning; THENCE (2}•5outh 00° 36' 25" East, along the last named east line of said Section 16, a distance of 607.89 feet to a ' bein the southeast point 9 corner of Tract 5775~per map recorded March 17, 1995 in Book 41 of Maps, Page 1?3 in the Kern Coun ty Recorder; . THEHC$ ~3} North 89° 48' 07" West, along the south bounda line of Tract No. 5775 a dis ~ tance of 1,299.76 feet to intersect the east right-of-way line of Jordan Street• THENCE ~4} North 00° 27' 03" West, alon the last rl ht- - g named east g of way line, a distance of 587.32 feet; THENCE ~5} North 44° 52' 00" East, a distance of 28.44 feet to a point on the south right-of-way line of Olive Drive• THENCE (6} South 89° 48' 57" East, along said ri ht-of-wa g y line a distance of 557..11 feet; THENC$ t7} South 88° 56' 52M East ~ aloe g said r' - - igbt of way li ne, a distance of 330.04 feet; THENCE (8} South , 85° 03' 08" East ~ alon g s aid - - right of way line, a .distance of 120.42 feet; . THENC$ t9} South 89° 48' S7" East, along said ri ht-of-wa line and rolo ' g y p ngation thereof a distance of 240.97 feet to a point on the west line of the east 30 feet of said Sectio • n 16, 1 ~, s~ ~ m - ~- v ~ :?~1~tUA~ ~~ THENCE (10} North 00° 36' 25" West, along said west line a distance of 15.00 feet to intersect the south line of the north 55' of Section 16; THEHCE tll} South 89° 48' 57" West, along said south line a distance of 30.00' to the true point of beginning; THENCE (12) North 00° 36' 25" West, along the last named east line a distance of 55.00 feet to the True Point of Beginning. P:~maindist~legals~legll-12 jas '. EXHIBIT A 2 s~, .~ , ~. ~ ~. ~^~aa ~f,,~ ~ 'Jri~Jl~y~ MAP AND ASSESSMENT DIAC~iAM FOR MAINTENANCE DISTRICT N0.1-12 (INTERIM) BAKERSFIELD, CALIFORNIA nos ~ ~ TIIR _„_„ ar-tr a n.... AT ...._.._. ,...+~, M ~ooc _.,.~, a As~urtxT pSTRCT~ AT PAGE „~„~ N 11f ~ ~ Tlf CaM~Y K~10RDE11 ~ ~ COUl11- Oi ILL 37ATE a CAt~~ FW ~ ' OLI V ~ ""'"" E ~ D R ! VE ~~~.~~ .. .. ... ..... . w~ ~ • N /~ ~ wlaJ f-± ~~ 3 ~ t ~ 't Z1 ~ ~~ ~ ~ 30 N 1 T 3 4 S i ' W 1 r Z Y ': W ~5 ~ ~ PARK a WEST CfRCIE j Q ~; e ,. PEMBROKE ' 2~ J1 AVENUE i 0 1 ~ W PARK ~ WEST CIRCLE Q ~ ~ ~o ~ > a ~ ~ ~ a~ a r ~ ~9 ~e » >6 ~s ~4 13~ ~z » ~ -~ ~ ~ ~. ~ ~~~~ KIMBERLY ~ p. ~~ N tx 11M ~i' i011~ talc N ut ~ ~ AVENUE ~In ~u°°~,~ ~ ~~'w~s~i~t~ ~1ME;iiLAKE ' r DRIVE 1 ~ I Av~NUE . '~ .1 I n~ N Qt orr~cc a TIK Ctfr 4tlet ~ _,.. a-Y ~ ~~ oTr a~lc a~ T-f aTr a cKrawN IIN AUNT 1rAi tEVItD K M Qt1'.COIAIQI 01 11K tAR ~'EQS Alp PMlQ1,s 0~' LAip i110At pl TII~ A$Elap~1T All, wo usFS~ltart r+-s LEVla an TM~ _,..., a-r o~ q,.,; fop A1lES91ENT pAaAM A10 ~ AS~IT eons +~ raco~aEO ~, ~ o~TCE a THE ~At<TI~iT a P{Ip,p secs tlf' SAD Qf1' O1 M _,~„ OAr or ~~.,,,, mt~ ~ woE T8 TIK A~CS3I~JIT +lot,~ p N THE anc,r a TFE ~TA1l11ENt a P1~JC MdeR fpl Tfl[ DUCT AMQIIIT Q ~j1p1 A~prT IEIAED A~1 EA~l1 PMCQ ~ (Alp gl01IM OII iFNS AS'SES9DiT pAGItAY, GT1' 4Dec Q TI! Q1Y a 1ELQ, C~1H011!'lIIA .~`' SCAIF: ~•. ,~~ oowTr ot~c K,ooeo~ K OEPUTr X11 ~cco+o~m N THE Oil ~ TI+E ~A#TlEalt a PIIpJC ~ ~ _.._ OAr OF tl,,,, or~cTOrt o~ ~c ralea IAatERS~1D, CAtJFONA ~ ~AKF,~, E~~H16fiT '8' ~~ :.. - r ~ ~Q QR1~IyA~ MAINTENANCE DISTRICT 1-12 (INTERIM ) ° CITY OF SAKERSFIELD r BENEFIT FORMULA Each parcel in the Street Landscaping Zone of Benefit shall be assessed the amount as defined in (1) below; (~) shall equal the dollar amount budgeted for the maintenance and operation of the STREET LANDSCAPING (S within the district, adjusted for prior pear fund balance or deficit• Multiplied by (a): The number of E uivalent Dwellin ' q g Unlts (EDU's) for'the parcel, and; Multiplied by (ty: The factor for the tier ' level, which equals the tier number, and; Divided by (b): The total number of EDU's ' in the district. t 1) = ~~~ b ti~~~~~ ~'~ EXHIBIT "C" ~ ~ Paga 1 of Z a '~'%~,l~jiy-at, UIVALEI~'r DWELLING _ ~TNIT~ EDU T Equivalent Dwelling Units (EDU's) shall be calculated by use or potential use per zoning as follows: j,~E ~D REMAR~t~ 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 Mobile Homes in parks (Rent Space) Mobile Homes in subdivisions (owner) Mixed Use 0 s J0~1 ~l~I HDI ST ~ FO~iMVI~11!!DI - I Z 6/acre Rounded to nearest .OI 0.71/unit 1.0.0/unit Each calculated per the above. f ~AkF,~ u ~;~ ~. ~- m ~` ~~~GINA~ ~ ERHIBIT "C" Page Z of Z D(HIBR'D' MAINTENANCE DISTRICT N0.1-12 ~~~ SAID A~~SESSMENT IS MAID IN A~GC~El~iVCE WITH THE 6ENE~tf F~}AMUtA AT~'A~HED I~AET~. i9O6 -197 BUDGET Gress Budget Amount Required qty S~f Seryica a Ccx~tact, st~pliea, Mate, t~i~ti~, and Q Co~~ Estimatied Beginning Fund Balance / (DeUa~ Less: City Ca~ribution NET AMOUNT TD ~ ASSESSED P~MAfN~S'F~f~mStiMD1-12D.WK1 ~ ~AkF~ ~ ~~ ~ ~ y,,,, T ... r ,} ~ .. =8.000.00 =0.00 X0.00 =7,4!0.00 EXHIBR'D~ nr,~~ ~ ~. EXHIBIT "E" ASSESSMENT ROIL MAINTENANCE DISTRICT N0.1-i 2 ~INTERiM} RISCAL YEAR i 99fi -1997 Assessment Parcel No. as shown on Map Total Exhibit "~ Assessment 506-380-05-00-3 X247.00 50fi-380-06-00-6 $247,00 ~-~-~-40-9 X247.04 506-380-08-00-2 X247,00 50fi-380-09-00-5 X247.00 506-380-10-00-7 X241.00 506-380-11-00-0 $247.00 506-380-i3-00-6 X247.00 506-380-i4-00-9 X147.40 506-380-i5-00-2 X247.00 506-380-16-00--5 $241.00 506-380-17-00-8 $247,00 50fi-380-18-00-1 X247,00 50fi-380-19-00-4 $241.00 506-380-20-00-6 X247.00 506-380-21-00-9 X247.00 50fi-380-22-00-2 $247.00 506-384-23-00-5 ~ $247.00 506-380-24-00-8 X247,00 ~-~-~-44-1 x247,00 50fi-380-26-00-4 X241.00 ~-~-~'-40-7 $247,00 506-384-28-00-0 $247,00 50fi-384-28-00-3 .$247.00 506-384-30-00-5 X247.00 5ofi-380-3i -00-8 X247.00 506-380-32-00-1 ~t47.00 506-380-33-00-4 X247.00 546-380-34-00-7 $247.00 50fi-380-35--00-0 X241.00 Total '. $7,410.00 Date;. City Clerk and Ex Officio Clerk of the Council of the City of 8akers€ield ~ '~ .. . ~, ,~ i~. , ~ r,~ ~~~ r .. ~,~,,, .'~ t'~ .. 1 1" r f ~~~~~~,.~~ ADMINISTRATIVE REPORT Page 2 ' e ro a owners with disclosure regarding the proposed maintenance In order to provide futur p p rty • um annual costs ere uivalent dwelling unit, a covenant has been district and the estimated maxim p q .. . ' the subdivider/develo er to be recorded with each subdivision. A drafted and will be supplied to p co of this covenant is attached f or reference. pY jas P:1mdladminlmdl-12.est t„„„ iR 1~~( ?.14~m .~- , U G ~ ~,--L ALIFO 1 ADMINISTRATNE REPORT MEETING DATE: June 26, 1996 AGENDA SECTION: ~ Consent Calendar ITEM N0: T0: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: June 7, 1996 APPR~vFn DEPARTMENT HEAD v~' CITY ATTORNEY ~ `~ CITY MANAGER SUBJECT: Resolution .establishing Maintenance District No. 1-12 (Interim), confirming the assessment and authorizing collection of assessments by the Kern County Tax Collector (Park West}. (Ward 4}. RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: Written request has been received by the City Engineer from the owners of the property described in Tract No. 5775 to form a maintenance district or to be included into an existing maintenance district. Tract 5775, which is within the unincorporated area of Kern County, is in the .process of being annexed into the City of Bakersfield, with completion expected in December 1996. It is necessary that prior to including unincorporated territory within a City Maintenance District, the City of Bakersfield must receive the consent of the Board of Supervisors. The City submitted Resolution of Intention 114.9 a roved b Council ~on May 22, 1996 to the Board of Supervisors pp Y f or their approval. The f ormation of proposed Maintenance District No.1-12 was approved by the Board of Supervisors by County Resolution attached as Exhibit " 2". This district will provide for the maintenance of public street landscaping. Staff recommends the formation of Maintenance District No. 1-12 (Interim} (Park West) generally bounded by Olive Drive on the north, Fruitvale Avenue on the east, a line 662.90 f eet south of the centerline of Olive Drive on the south and Jordan Street on the west. This district will be under the street/median zone of benefit and assessed an amount for "Tier 3". The City of Bakersfield has received letters from the property owners within proposed Maintenance District No. 1-12, 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. This allows the City to expedite the formation of the district. 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. Maintenance District Nol 1-12~ will be merged into the Consolidated Maintenance District at the end of the 1996-97 fiscal year. (~ V a ,~, :~... ~~J ~a ~ci 3~i~ ~S t W Q H aW W V W i~. OC O J Q ~ 0 V -~ W w ~_ ~ 0 V J Q u a w ~. a m v v m m C V N 0 a m m C _._...._~._ 0 m C 0 a m z a 0 'v Z Z Y Z ~ Q a _ ~ cn w p u u ~ 1 _ ... I r ~~~ .Z o w o Q ~ w ~Q~ 0 a Z ~ ~ Q Q Q m -_ _~~ __ NOTICE OF EXEMPTION Appendix I T0: County Clerk COUNTY OF KERN 1415 Truxtun Avenue Bakersfield, CA 93301 Project Title: Maintenance District No. 1-12 (Interim,_ Project Location-Specific: generally bounded by Olive Drive on the north, Fruitvale Avenue on the east, a line 662.90 feet south of the centerline of Olive Drive on the south and Jordan Street on the west. Project Location-City: Bakersfield Project Location-County: Kern Description of Project: Tract 5775 within Interim Maintenance District 1-12 is for the maintenance of public street landscaping improvements. Name of Public Agency Approving Project: COUNTY OF KERN AND THE 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 by adding territory to a Maintenance District, CE A guideline, City of Bakersfield Resolution No. 212-92 Lead Agency Contact Person:Marian Shaw Area Code/Telephone/Extension:(805) 326-35,79 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 : ,~r~ iIPGr~ %~ Scrvc~s /~ er x S,; gn y Lead Agen Date recei ed for filing at OPR: x S~.~fied by Applicant A:NOE1149.1 JAS:jas RESOLUTION N0. A RESOLUTION ESTABLISHING MAINTENANCE DISTRICT NO. 1-12 (INTERIM), CONFIRMING THE ASSESSMENT AND AUTHORIZING COLLECTION OF ASSESSMENTS BY THE KERN COUNTY TAX COLLECTOR (PARK WES1~ WHEREAS, the City Council of the City of Bakersfield, State of California, heretofore by Resolution of Intention No. 1149, adopted May 22, 1996, 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 f orces or private contractor. Said District shall be designated Maintenance District No. 1-12 (Interim), as shown and designated on that certain map entitled Map and Assessment Diagram for Maintenance District No. 1-12 (Interim), City of Bakersfield, California, for Fiscal Year 1996-1997 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 letters from the property owners within Maintenance District No. 1-12 (Interim), 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 f ormed 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.1-12, will be interim districts and all such districts will be merged into the Consolidated Maintenance District at the end of each fiscal year. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ~of Bakersfield, as follows: 1. The foregoing recitals are true and correct and incorporated herein by reference. 2. The Council hereby establishes Maintenance District No.1-12 (Interim), and confirms and adopts the Public Works Director's Report, (attached hereto as Exhibit "1" and incorporated herein by reference) including the .amounts of assessment for each assessed parcel, as set forth in the Public Works Director's Report. 3. Exhibits "A" and "B" attached hereto and incorporated herein by ref erence describe Maintenance District No. 1-12 (Interim). 4. The assessment for Maintenance District No. 1-12 (Interim), shall be the total sum of $7,410.00 for the 1996-1997 fiscal year. The benefit formula (Exhibit "C") budget for Maintenance District No.1-12 (Interim), (Exhibit "D"), and assessment roll for Maintenance District No.1-12 (Interim), (Exhibit "E") are attached hereto and incorporated herein by reference. - 5. The Board of Supervisors by Resolution authorizes the City of Bakersfield to form Maintenance District No. 1-12 (Interim), (attached hereto as Exhibit "2" and incorporated herein by reference). 6. The Kern County Tax Collector is hereby authorized to collect assessments for Maintenance District 1-12 as an interim district and when it is merged with the Consolidated Maintenance District. 7. Beginning in the 1997-98 fiscal year and each fiscal year thereafter, the Public Works Director is hereby directed to prepare an Annual Report, as provided in Chapter 13.04 of the Bakersfield Municipal Code, and file it with the City Clerk within the time allowed for placement of assessments on the County tax rolls for the applicable fiscal 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. 8. 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 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 f orm: JUDY K. SKOUSEN CITY ATTORNEY. of the City of Bakersfield Attachments: Exhibit "1" Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" Exhibit " 2" P:I~aindistlestabll•12.EST jas City of Bakersfield PUBLIC WORKS DIRECTOR'S REPORT MAINTENANCE DISTRICT NO. 1-12 (INTERIM Fiscal Year 1996-1997 WHEREAS, on WEDNESDAY, May 22, 1996, the Council of the City of Bakersfield adopted its Resolution of Intention No. 1149 to order the establishment of a maintenance district pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, and referred said proposal to the Public Works Director, directing him to make and file a Report; and -WHEREAS, the Public Works Director filed with the City Clerk of the Council his report, in writing, which Report is as follows: _ Public Works Director's Report City of Bakersfield, Maintenance District No. 1-12 (Interim, is generally described as a district bounded by Olive Drive on the north, Fruitvale Avenue on the east, a line b62.90 feet south of the centerline of Olive Drive on the south, and Jordan Street 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 unincorporated area ultimately to be annexed into 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 ~aaintaining public street ~aedians and other public street landscaping improvements. The improvements generally include, but are not limited to, plant forms, drainage facilities, irrigation system pipes, conduits, water mains and/or sprinkler systems therefore, sidewalks, walkways, and ornamental planting, including shrubs, ground covers and trees now existing or hereafter to be constructed or planted in and for said maintenance district and are of a public nature. The assessment includes the cost of necessary repairs, replacement, water, electricity, care, supervision and any and all other items necessary for the proper maintenance and operation thereof, and all additions and improvements thereto which may hereafter be made. EXHIBIT "1" -1- For many years, public parks, public street median and other public street landscaping improvements in the City were maintained through traditional tax revenues. After Proposition 13, in 1978, funds available for maintenance and operation of parks, street median and 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. 1-12 (Interim, is being established as an interim maintenance district for the maintenance of public street median anal other street landscaping. At the end of the 1996-97 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 an assessment for the 1996-97 fiscal year as shown in Exhibit "E". When merged into the Consolidated Maintenance District, it is expected to be placed in street tier 3. The estimated maximum cost for residential development is $150.00 per Equivalent Dwelling Unit based on full build out of the benefit area at existing zoning, using 1996 dollars and 1996 Parks Department maintenance and overhead costs. The district will consist of residential use, thus all parcels within the district will be affected. Sensory benefits from installing street landscaping are aesthetic enhancement and open space enjoyment. Public median and street landscaping will benefit all the lots or parcels and will be assessed on an Equivalent Dwelling Unit basis throughout the district. The Benefit Formula is set forth herein as Exhibit "C" and attached hereto and incorporated in this resolution as though fully set forth herein. -2- NOW THEREFORE, I, RAUL M. ROJAS, Director of Public Works of the City of Bakersfield, by virtue of the power vested in me and the order of the Council of said City, hereby submit the Fiscal Year 1996-97 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 . 1-12 ( Interim ~ , subject to approval from the Board of Supervisors be assessed to pay the cost of maintenance and operation in said district. Dated: RAUL M. ROJAS Director of Public Works City of Bakersfield -3- MAINTENANCE DISTRICT NO. 1-12 (INTERIM) LEGAL DESCRIPTION A parcel of land being a portion of the northeast quarter of Section 16, T 29 S, R 27 E, M.D.B. & M., County of Kern, State of California, more particularly described as follows: Commencing at the northeast corner of said Section 16; THENCE (1) South 00° 36' 25" East, along the east line of said Section 16, a distance of 55.01 feet to a point on the south line of the north 55.00 feet of said Section 16, said point also being the true point of beginning; THENCE (2) South 00° 36' 25" East, along the last named east line of said Section 16, a distance of .607.89 feet to a point being the southeast corner of Tract 5775 per map recorded March 17 , 19 9 5 in Book 41 of Maps , Page 17 3 in the Kern County Recorder; THENCE (3) North 89° 48' 07" West, along the south boundary line of Tract No. 5775 a distance of 1,299.76 feet to intersect the east right-of-way line of Jordan Street; THENCE (4) North 00° 27' 03" West, along the last named east right-of-way line, a distance of 587.32 feet; THENCE ( 5 } North 44° 52' 00" East, a distance of 28.44 feet to a point on the south right-of-way line of Olive Drive; THENCE (6) South 89° 48' 57" East, along said right-of-way line, a distance of 557.11 feet; THENCE (7) South 88° 56' 52" East, along said right-of-way line, a distance of 330.04 feet; THENCE (8) South 85° 03' 08" East, along said right-of-way line, a distance of 120.42 feet; THENCE (9) South 89° 48' 57" East, along said right-of-way line and prolongation thereof a distance of 240.97 feet to a point on the west line of the east 30 feet of said Section 16; 1 THENCE (10) North 00° 36' 25" West, along said west line a distance of 15..00 feet to intersect the south line of the north 55' of Section 16; THENCE (11} South 89° 48' 57" West, along said south line a distance of 30.00' to the true point of beginning; THENCE (12) North 00° 36' 25" West, along the last named east line a distance of 55.00 feet to the True Point of Beginning. P:~maindist~legals~legll-12 j as EXHIBIT A 2 MAP AND ASSESSMENT DIAGRAM FOR MAINTENANCE DISTRICT N0.1-12 (INTERIM) BAKERSFIELD, CALIFORNIA HIED FOR RECORD THIS DAY OF 19~ AT _,M.. N BOOK OF ASSESSMENT DISTRICTS AT PACE N THE OFFlCE OF THE COUNTY RECORDER OF THE COUNTY OF KERN, STATE OF CAUF~NA. W ~ ~ W W ~ N ~~~ ~ U ~ ~~ OLIVE SB9'48'STE ~ a r ~, '~~ 589'48'S7'E 557.11' p ~W ~'~ W ~~ ~ D:N ~ DRIVE 1317.95' " S88S6'S2'E 330.04' ~ ~ fD. CONC. ZION. M PULE I.~.L . ~I(.C.S. SEC. 910.15,16 T.Z9 S., R21 6-1-65 1ION. ~1 LH. KCS F.B. T~5 ~ 9 ' ~ 89'48'57"E 240.97 ,~! -- -- --- ----- --- --- -- -- - - ; - }. -- _- _ -- ~ ~ ~--, 1G~lANOX~ E ~ Q ~ ~ 1C IAINICI~IPE ~l• W W P.U.C Z7 28 29 30 ~ P. 1 2 3 4 5 i 6 W ~ ~ Z6 ~ t t z f-' 7 ~ ,~ °' W U) Y ~ r ~ n Z5 PARK Q ~ WEST CIRCLE ~ ' Q ~ e t PEMBROKE ~ Z4 31 . . . . I AVENUE, o I 9 ~ ~ , N W g ~ PARK WEST CIRCLE ' ~ ~ ~ ~ Q Z 10 ~ ~ ~ ~ a z1 2a 19 1a 1> 15 14 13 12 1s 11 ~ -~ t r • ~ N89'48'07''ll 1299.76' KIMBERLY; FD. COIItr riou r Lx rTN asnacr BOUNDARY FD,r'o~'~ 1~1b-~" PECR WESTLAKE AVENUE sarE+r t TAC PER TRACr Na a;~ PG 11Y K.C.s F.a 1 0eS PG 2E DRIVE 1 KIMBERLY AVENUE F1lED N THE OFFICE OF THE CITY CLERK THIS OAY DF 19_, AN ASSESSMENT 1MA5 LEVIED BY 1HE QTY COUNCIL ON THE LOT'S, PIECES AND PARCELS OF LAND SHOWN ON 1HIS ASSESSMENT DIAGRAM. SND ASSESSMENT WAS IEVIED ON THE DAY OF __--. 19~ SAID ANENT DIAGRAM AND THE ASSESSMENT ROLL WERE RECORDED N THE OFFICE OF THE DEPARTMENT OF PUBIK; WORKS OF 5A0 CITY ON THE DAY OF . 19-~ REFERENCE IS MADE TO THE ASSESSMENT ROIL RECORDED N THE OFFlCE OF THE DEPARTMENT OF PUBLIC WORKS FOR THE EXACT AMOUNT OF EACH ASSESSMENT LEVIED AGAINST EACH PARCEL OF IAND SHONN ON THIS ASSESSMENT DIAGRAM. ~,. ., SCALE: 1"= 1 ~~' COUNTY CLERK RECORDER 8Y RECORDED N THE OFFlCE 4F THE DEPARTMENT OF PUBLIC WORKS THIS DAY OF _, 19_ EXHIBIT *B~ MAINTENANCE DISTRICT 1-12 (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) ~-ithin 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 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:JOAN~MAINDIST~FORMULA~MD1-12 EXHIBIT "C" Page 2 of 2 EXHIBIT "Or MAINTENANCE DISTRICT N0.1-12 (INTE RIpA} SAID ASSESSMENT IS MADE IN ACCORDANCE WITH THE BENEFIT FORMULA ATTACHED HERETO. 1996 -1987 w. ^ w w.~~. Gross Budget Amount Required (Gfy Staffi Services a Contract, S~piies, Materials, Utilities, and Overhead Casts Estimated Beginning Fund Balance j (Defiat} Less: City Contribution NET AMOUNT TO BE ASSESSED $8,000.00 X0.00 X0.00 X7,410.00 E~CHIBIT "D~' P.~MAINDISTIEXHIBITSIMDI-12D.WK1 JAS EXHIBIT "E" ASSESSMENT ROLL MAINTENANCE DISTRICT NO. 1-12 (INTERIM) FISCAL YEAR 1996 -1997 Assessment Parcel No. as shown on Map Total Exhibit NB" Assessment 506-380-05-00-3 $247.00 506-380-06-00-6 $247.00 506-380-07-00-9 $247,00 506-380-08-00-2 $247.00 506-380-09-00-5 $247.00 506-380-10-00-7 $247.00 506-380-11-00-0 $247.00 506-380-13-00-6 $247,00 506-380-14-00-9 $24700 506-380-15-00-2 $247.00 506-380-16-00-5 $247,00 506-380-17-00-8 $247,00 506-380-18-00-1 $247.00 506-380-19-00-4 $247.00 506-380-20-00-6 $247.00 506-380-21-00-9 $247.00 506-380-22-00-2 $247,00 506-380-23-00-5 $247.00 506-380-24-00-8 $247.00 506-380-25-00-1 $247.00 506-380-26-00-4 $247.00 506-380-27-00-7 $247.00 506-380-28-00-0 $247.00 506-380-29-QO-3 $247.00 506-380-30-00-5 $247.00 506-380-31-00-8 $247.00 506-380-32-00-1 $247.00 506-380-33-00-4 $247.00 506-380-34-00-7 $247.00 506-380-35-00-0 $247.00 Total $7,410,00 Date; City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield Recording requested by and when recorded mail to: City of Bakersfield City Clerk's Offi'ice 1501 Truxtun Avenue Bakersfield, CA 93301 THIS SPACE FOR RECORDER'S USE ONLY Tract No. 5?75_ Lots 1 through 31 -~ COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT THIS COVENANT is executed on this day of ,199 , by Probuiit Development & Construction Inc., a California Corporation (hereinafter, "Owner"), in connection with Maintenance District 1-12 (Interim), located in the City of Bakersfield, California. The real property herein described will be located within Tier 3 of Maintenance District 1-12 (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 $150.00 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.1-12 (Interim), be merged with the Consolidated Maintenance District Beginning July 1, 1997. It is anticipated that merging of Maintenance District No. 1-12 (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)IDeveloper(s): City of Bakersfield: Raul M. Rojas Public Works Director NOTE: All owner(s)Ideveloper(s) signatures must be notarized. -~aS P:1ina1.12.oov ~. ;.~'~ Probuilt Homes Development ~ Construction, Inc. Raul M. Rojas, Director City of Bakersfield Public Works Department 1501 Truxtun Avenue Bakersfield, Ca 93301 Attention: Jacques R. LaRochelle, Designer Engineer Subject: Tract-5775 Landscape r'i~~ ~. A Ar ~ nr~~^he;=!.7 v.rU~ iy~~. Dui v~ 1 ~ v ~ ~~ -, G~ ~~ . :~~ ~_- ~.~ ~- ~, '.y , ~; , . , ~. ~I A ~~ i1~ F Probuilt Development and Construction, as owner of 24 lots of this 30 lot subdivision Tract 5775, hereby requests the formation of an interim maintenance district for the property. Our Engi~Per Steve DeBranch at Dewalt Corp. will supply you with a disk copy of Tract 57?5 for your use. Last'~~, as majority owner of the property involved in this request, we hereby waive the public hearing and protest hearing portion of the. district formation, dour assistance with this matter is greatly appreciated. Sincerely, ~r~ li ~~~•~"2 f Mark Sh~sman-presid.~-nt 6901 McDIVITT DRIVE ~ SUITE D • BAKERSFIELD, CALIFORNIA 93313.805-396-2~ • FAX 805-396-8521 ~,~ i~ rte- V,t~~ ' COQ-~-~-~. ~+~5~-ice ~. ti . ~ ...~ -- Raul M. Rojas, Director Cit of Bakersfield .~1r . -. - ~~, 3 y ;i ~ ~ ~ ~, ,~~b Public Works De artment ~~~ ` ' p _ 1501 Truxtu n Ave n u e .:~.~---U°""' ,. ~,r~~~~'~AF~d~ Bakersfield, Ca 93301 ~ . ~ ~ ~ ~ ~ ~~' , =° w `' - Attention: Jacques. R. LaRochelle, Designer Engineer Subject: Tract 5775 Landscape Dear Mr. LaRochelle i'`f~- S~c~s . as owner of lot 24 within Tract 5775, hereby requests the formation of an interim maintenance district for the property. Lastly, as majority owner of the property involved in this request, we hereby waive the public hearing and protest hearing portion of the district formation. Your assistance with this matter is greatly appreciated. Sincerely, Raul M. Rojas, Director City of Bakersfield Public Works Department 1501 Truxtun Avenue Bakersfield, Ca 93301 Attention: Jacques R. LaRochelle, Designer Engineer Subject: Tract 5775 Landscape Dear Mr. LaRochelle - . as owner of lot ~ ~a"within Tract 5775, hereby requests the formation of an interim maintenance district for the property. Lastly, as majority owner of the property involved in this request, we hereby waive the public hearing and protest hearing portion of the district formation. Your assistance with this matter is greatly appreciated. Sincerely, ~ ,l-~'~ s~f?y ~~~~ ~~~ Raul M. Rojas, Director City of Bakersfield Public Works Department 1501 Truxtun Avenue Bakersfield, Ca 93301 - Attention: Jacques R. LaRochelle, Designer Engineer Subject: Tract 5775 Landscape Dear Mr. LaRochelle My name is t-`t ~ _ _ and i am the owner of lot Z d- in Tract 5775, and do hereby request the formation of an interim maintenance district for the property. Lastly, as a owner of the property involved in this request, we hereby waive the public hearing and protest hearing portion of the district formation. Your assistance with this matter is greafily apprecicrted. Sincerely, Raul M. Rojas, Director City of Bakersfield Public Works Department - 1501 Truxtun Avenue Bakersfield, Ca 93301 Attention: Jacques R. LaRocheile, Designer Engineer SubJect: Tract 5775 Landscape Dear Mr. LaRocheile My name is ~~~-t ~~ ~~~~ v ~~ and i am the owner of lot ZS in Tract 5775, and do hereby request the formation of an interim maintenance district for the property. Lastly, as a owner of fihe property involved in this request, we hereby waive the public hearing and protest hearing portion of fihe district formation. Your assistance with this matter is greatly appreciated. Sincerely, o ~ t . • } Raul M. Rojas, Director City of Bokersfieid Pubiic Works Departmenfi - 1501 Truxtun Avenue Bakersfield, Ca 93301 Attention: Jacques R. LaRochelle, Designer Engineer Subject: Tract 5775 Landscape Dear Mr. LaRochelle My nome~is and I am the owner of lot ~ in Tract 5775, a d hereby request the formation of an interim maintenance disfirict for the property. Lastly, as a owner of the property involved in this request, we hereby waive the public hearing and protest hearing portion of fihe district formation. Your assistance with this matter is greatly appreciated. Sincerely, a-~0-1996 12 : a3Pr~ FROf~ PROBU I LT HOr~ES I NC 8a5 396 8521 Raul M. Rojas, Director City of 6okersfield Public Works Department 1501 Truxtun Avenue Bakersfield, Ca 93301 Attention: Jacques R. LaRochelfe, Designer Engineer Subject: Tract 5775 Landscape Dear Mr. LaRocheiJe My Home is ~~k ~ / //~a~< .1Z and 1 am the owner of lot in Trod 5775, and do hereby reques# the formvfiion of an interim maintenan e district for the property. E.assiy, as a owner or the property involved in this rEquest, we hereby waiv' public heoring and protest hearing portion of the district formation. Your assistance with this mutter is greatly oppreciated. Sincerely, fihe T ~~~~~~ ~~ P. 3 ti ~, ,~ l~: - ~' ., -rte ` ,.1`A~ t• 1, ~ Raul M. Rojas, Director ~ _ _.__ _ City of Bakersfield - - ~ -~ Public Works Department 1501 Truxtun Avenue Bakersfield, Ca 93301 Attention: Jacques R. LaRocheile, Designer Engineer Subject: Tract 5775 Landscape Dear Mr. LaRocheile i mm i ~. ~oo~t~ as owner of lot _~ within Tract 5775, hereby requests the formation of an interim maintenance district for the property. Lastly, as majority owner of the property involved in this request, we hereby waive the public hearing and protest hearing portion of the district formation. Your assistance with this matter is greatly appreciated. Sincerely, - ~~~~ ~7L ~;1N; & `~ ]Eii-11 JLd APR 8 0 1996 PUB~~C WORKS DEPARTMENT Raul M. Rojas, Director City of Bakersfield Public Works Department 1501 Truxtun Avenue Bakersfield, Ca 93301 Attention: Jacques R. LaRochelle, Designer Engineer Subject: Tract 5775 Landscape Dear Mr. LaRocheile ~-' ~ ~ ~~ ~-L~~ ~ as owner of lot ~ within Tract 5775, hereby requests the formation of an interim maintenance district for the property. Lastly, as majority owner of the property involved in this request, we hereby waive the public hearing and pretest hearing portion of the district formation. Your assistance with this matter ja~greatly depreciated. Sincerely, ADMI1vISTRATIVE REPORT Page 2 _ drafted afld will be supplied to the subdivider/developer to be recorded with each subdivision. ~ copy of this covenant is attached far reference. 1~ P:Vadledmialmdl-12.es~ June 7,1996, 3:S9pm ~. n~ ,, oa ' r'S ~ ~ . a~,.4P Atri, ~ ~;t~ E= t~ ~ . ~3 ~ r ~,, , .,~,~1 jFO~.~`~,~ ;.. '''f. ; yr ADMINISTRATIVE REPORT MEETING DATE: June 26, 1996 AGENDA SECTION: Consent Calendar ITEM N0: T0: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: June 7, 1996 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Resolution establishing Maintenance District No. 1-12 (Interim), confirming the assessment and authorizing collection of assessments by the Kern County Tax Collector (Park West). (Ward 4). RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: Written request has been received by the City Engineer from the owners of the ro erty described in Tract No. 5775 to f orm a maintenance district or to be included into an p , p. ex~st~ng maintenance district. Tract 5775, which is within the unincorporated area of Kern County, is in the process of being annexed into the City of Bakersfield with completion expected in December 1996. It is necessary that prior to including unincorporated territory within a City Maintenance District, the City of Bakersfield must receive the consent of the Board of Supervisors. The City submitted Resolution of Intention 1149 approved by Council on May 22, 1996 to the Board of Supervisors f or their a royal. The f ormation of ro osed Maintenance District No.1-12 was approved by the pP p P Board of Supervisors by County Resolution attached as Exhibit " 2". This district will provide for the maintenance of public street landscaping. Staff recommends the formation of Maintenance District No. 1-12 (Interim) (Park West) generally bounded by Olive Drive on the north, Fruitvale Avenue on the east, a line 662.90 feet south of the centerline of Olive Drive on the south and Jordan Street on the west. This district will be under the street/median zone of benefit and assessed an amount for "Tier 3". The City of Bakersfield has received letters from the ro er owners within roposed Maintenance District No. 1-12, which waives all rights p p tY P to a ublic hearing and to a protest hearing as required by the Brown Act and Chapter 13.04 of p .. the Bakersfield Municipal Code. This allows the City to expedite the formation of the district. The Ci Council approved the Consolidated Maintenance District on June Z9, 1994. The City's tY rocedure is that all new districts formed during the fiscal year will be intervn districts and all p interim districts will be merged into the Consolidated Maintenance District at the end of each fiscal year. In order to provide future property owners with disclosure regarding tl-ie proposed maintenance district and the estimated maximum annual costs per equivalent dwelling unit, a covenant has been June 7, 199G. 3:S9pm D B A K E R S F I E L D PUBLIC WORKS DEPARTMENT 1501 TRUXTUN AVENUE BAKERSFIELD. CALIFORNIA 93301- (805) 326-3724 RAUL ~1. ROJAS, DIRECTOR • CITY E\GI~EER July 17, 1996 County of Kern Public Services Building 2700 M Street Bakersfield, CA 93301 Attn: Rick Benson Re: City of Bakersfield (Interim) Maintenance District No. 1-12 Dear Mr. Benson: Enclosed please find copies of the following: 1. Recorded Map. 2. Resolution. Should you have any questions or comments, please call John Stinson at (805) 326-3592. Very truly yours, RAUL M. ROJAS Public Works Director ~ ~~~~ ~c f~ R. LaRochelle ngineermg Services Manager Attachments P:~letters~kcmd1-12.1tr JRL:jas:jas NOTICE OF EXEMPTION T0: County Clerk COUNTY OF KERN 1415 Truxtun Avenue Bakersfield, CA 93301 Project Title: Maintenance Distr~ ' ! J : J ! H . t~A~ '' ll ..'' 44'' ~~ ' :~ e , GPI 4 Aga 7:w... ~,t ~ i PV'~"'l ~ 6 V!I o ..r .. N A7fF /s~ ?',S ~, ~~ ~ ~ ~ 4~"=~~t~ }Q Y V ~ .~ Appendix I Y, Et ~; ~~~ Project Location-Specific: generally bounded by Olive Drive on the north, Fruitvale Avenue on the east, aline 662.90 feet south of the centerline of Olive Drive on the south and Jordan Street on the west. Project Location-City: Bakersfield Project Location-County: Kern Description of Project: Tract 5775 within Interim Maintenance District _1-12_is for the_ maintenance of public street landscanina improvements. -- Name of Public Agency Approving Project: COUNTY OF KERN AND THE CITY OF BAKERSFIELD Name of Person Or Agency Carrying Out Project: DEPARTMENT OF PUBLIC w 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. St-ate code number. Reasons why project is exempt: Minor alteration in land use limitations by adding territory to a Maintenance Districts 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 S i nature : ~ Date : 7- 9 -~~ g Title : ,~r7 i'~PG~'i ~''! ,Scr'vI «~r /~ ~r x S'gn y Lead Agen Date recei ed for filing at OPR: x S' ed by Applicant A:N0E1149.1 JAS:jas ~~ ~..... ,` 4j ,~ '.. i v^t~(~~ ~pp ~ ;pt ~'ve dye °n pAyp p~ypq~ Rp~~rr,,;:~~~~ppvv~~?? 'z ~rw,y,~,~~t~rr.~xa t ~c~QJ"~~~:~~a~~~; 4~ i$ ?~ 5p6'i~~~~ ~`x,~~~9 ~~~vF 4n~YC ~AxWP F~9 iuJ~4~w^' ~" "~~~. ~'1/' ~ ~ ~ ~-..f ~~Y CITY OF AL(TAMERICA CITY CALIFORNIA C~~O~~1M~10~~7 ~C~"MDC~~~ DC~PQ~4~JC~~1~ PQ " a DOdD~DO~I 19 9 0 Probuilt Homes March 26,199b Mr. Mark Shuman 6901 McDivitt Drive, Suite D Bakersfield, CA 93313 RE: TRACT 5775 - CITY ANNEXATICJN Dear Mr. Shuman: ~~~~~~~~ MAR 2 B 1496 ~!~~(~~N~~~ING DEPART~EN~' It has been brought to my attention that there maybe some confusion regarding the maintenance of the street landscaping when the above tract is annexed to the City. This tract was completed in the unincorporated area of the City and a County Service Area (CSA) was to be established to maintain the landscaping. Since the annexation is pending, the County has indicated they will not be assuming the responsibilities for the street side landscaping. Under current City policy a landscape Maintenance District, which is similar to a CSA, is the funding mechanism utilized for maintenance of street landscaping. When the annexation was reviewed b the Ci Plannin De artment it was my understanding the street landscaping would be Y tY g p maintained through the established Homeowner Association; and therefore, we did not request a Maintenance District be established. In order for the City to assume maintenance responsibilities, it will be .necessary to establish a District. I understand you definitely intend to have the City maintain the street landscaping. Please contact Ms. Marian Shaw, % City Public Works Department, 1501 Truxtun Avenue, (326-3724) to initiate the District. This establishment process usually takes several months to complete. In order for the Ci to be 'n maintenance immediately after the annexation is finalized, we do need to start ~ 1~ the process as soon as possible. My staff and I, as well as others who work for the City, are committed to making the transition from coun to city as smooth as possible. If you need additional information or would like to discuss this further, please call me. Thank you for your time on this matter. Sincerely, FRANK FABBRI Parks Superintendent cc: Jack Hardisty, Development Services Director Raul Rojas, Public Works Director Marian Shaw, Engineer III 4101 TRUXTUN AVENUE BAKERSFIELD, CALIFORNIA 93309 (805) 326-3117 AUDITOR-CONTROLLER-COUNTY CLERK MEMORANDUM Rte i:.~ 4~~ .~~~ ~q ~F; 5. ,.~: ~ ~~ n~ ~ ~Ya. ~ ~ James A. ,~r,,~ ~~ ~ ~' ~ ~ _ ~.P ~ oades ~~~ ,~,~~ d ~ say y Auditor-Controller-County Clerk pn~lYlY.l2'W7~:[F.'1'~W!n~ff'l~cTT~'."n.'r!P'c': •.y?3!;'M,1YnR..v,'= ~.~.-.wm~r~.ecx-+rv~:'~pmmm+~.~~p~.R~F~1*.4.?.4ap^."9?!:*f]. _ g.~, fit. ~_ ~ z ~ a ~ 6,.~ F c ~„~' n ,~' t' p.: q 4'a!~i n ~~~` ~~; ~J..~y ~ ~ +u.. r 9 N ~ l9w l T0: John DeMario, Assistant Treasurer-Tai Collector FROM: Ginger Richert, Accountant Auditor-Controller's Office DATE: April 19,1994 SUBJECT: ESTABLISHMENT OF NEW FUND Please establish the folloWingaon-interest bearing fund(s) in the County Treasury. FUND DESCRIPTION 20189 CITY OF BKF-MAINT DIST #1-12 Per request dated 4-1~-96 cc: S. Benson G. Richert ~, Raul Rojas -City of Bakersfield g4-98 RESOLUTION N0. A RESOLUTION ESTABLISHING MAINTENANCE DISTRICT NO. 1-12 (INTERIM), CONFIRMING THE ASSESSMENT AND AUTHORIZING COLLECTION OF ASSESSMENTS BY THE KERN COUNTY TAX COLLECTOR (PARK WES1~ WHEREAS, the City Council of the City of Bakersfield, State of California, heretofore by Resolution of Intention No. 1149, adopted May 22, 199b, declared its intention to order the establishment of a maintenance district, preliminarily adapted, 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. 1-12 Interim , as ~ ) shown and designated on that certain map entitled Map and Assessment Diagram for Maintenance District No. 1-12 (Interim), City of Bakersfield, California, for Fiscal Year 1996-1997 on file in the offices of the Ci Clerk and Public Works Director Ci of ~ ~ ~ Bakersfield; and WHEREAS, the Public Works Director duly filed with the City Clerk his Report, including a budget, assessment formula, im rovements to be maintained b the . p y district, description of property and proposed assessments;. and WHEREAS, the City of Bakersfield has received letters from the property owners within Maintenance District No.1-12 (Interim}, which waives all ri bts to a ublic . g p hearing and to a protest hearing as required by the Brown Act, Streets and Highwa Code Y and Chapter 13.x4 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 Burin the fiscal ear . g y including .Maintenance District No.1-12, will be interun districts and all such districts will be merged into the Consolidated Maintenance District at the end of each fiscal ear. Y NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield, as follows: 1. The foregoing recitals are true and correct and incorporated herein by reference. 2. The Council hereby establishes Maintenance District No.1-12 (Interim , and confirms and adopts the Public Works Director's Report, (attached hereto as Exhibit "1" and incorporated herein by reference includin the amounts of assessment for each g assessed parcel, as set forth in the Public Works Director's Report. 3. Exhibits "A" and "B" attached hereto and incorporated herein by reference ~ ~~~~~ ~ ~~ .~ . ~ ,~ .~ ~.~ .. ~.~.~. . ,,.... ~ ~ : -~1 ~;`. ~ !c, describe Maintenance District No.1-12 (Interim). 4. The assessment for Maintenance District No.1-12 (Interim), shall be the total sum of $7,410.00 for the 1996-1997 fiscal year. The benefit formula (Exhibit "C"} budget for Maintenance District No.1-12 (Interim}, (Exhibit "D"), and assessment roll far Maintenance District No.1-12 (Interim}, (Exhibit "E") are attached hereto and inco orated rp herein by reference. 5. The Board of Supervisors by Resolution authorizes the City of Bakersfield to form Maintenance District No. 1-12 (Interim}, (attached hereto as Exhibit "2" and incorporated herein by reference}. 6. The Kern County Tax Collector is hereby authorized to collect assessments for Maintenance District 1-12 as an interim district and when it is mer ed with the g Consolidated Maintenance District. 7. Beginning in the 1997-98 fiscal year and., each fiscal year. thereafter, the Public Works Director is hereby directed to prepare an Annual Re ort, as rovided in p p Chapter 13.04 of -the Bakersfield Municipal Code, and f ile it with the City Clerk within the time allowed for placement of assessments on the :County tax rolls for the applicable ~l 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. 8, 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---------- 4 ~,~. ~. ~~ v -~ ,,,~a r~ . ,~""".., ~' ~, ; ~t<,. . ~ .; I HEREBY CERTIFY that the foregoing Resolution was passed and adopted b t o ' of the Ci of Bakersfield at a re ular meeting thereof held on y ~ g ~~ ~ , b the followin vote: Y g AYES: COU~f~+16FR SID, CAa , S~II~, NI~DEAMdTT, AOWl.ES, SUll1VAN, SAIYAGGIO ~ :'ES: COl1NCi~.(1~-'SER ASS~'~: CaUl~lE~iLCR ABSENT: COUNCMBEA ~4c~~n • ~ CITY CLERK and Ex Offica lerk of the Council of the City of Bakersfield BOB ~'RIC~ MAYOR of e City of Bakersfield APPROVED as to form: JUDY K. SKOUSEN CITY ATTORNEY. of the City of Bakersfield ~o~~~ty of K~~A~~ Attachments: ~A ~~~ ~~L~~~ ~~ ~l~xk ~~" ~~+~ ~~~ crf ~.~~~~~d, ~~~~ oaf . ~~ ~~ C~r~a~, P~~~ei~y c~r~~~ ~ ~ ~~~9~a~~ ~.~d ~~~~d ~ ~~ ~-f.~, ~~~~ ~~d ~~~~~ 4 r' Exhibit 1 Y ~~ the o~~~i~a~ Exhibit "A" M4hpM Exhibit ~~8~~ ~ ~i~~ ire this ®~~ ~~d that ~ h:~.°~~ cc~~~p~~ t ttx~ ~~.~e~ ,'xh- the o~.~i. • ~~ ~~ L'~5~ axe h~~d d s~a~ t~~~ ~~.~ p~' 19 , Exhibit C EXhlblt "D" '~ ~ ~ ~LrL.~ ~ ~it '~r~~8r~ ~~L ~ ~ Exhibit "E" ~ Exhibi ~ cap c ,~ ~n P:I~eindiatleatabll-12.EST ~~ - ~ ~~ ~~, ~~ .~ --~ } APPROVED: JUN 2 6 ~ ~~~,~A ~ ~,a ~~ 6. .yy. . `'ti. . City of Bakersfield PUBLIC WORKS DIRECTOR'S REPORT MAINTENANCE DISTRICT NO. 1-12 (INTERIM) Fiscal Year 1996-199? WHEREAS, on WEDNESDAY, May 22, 1996, the Council of the City of 8akersf field adopted its Resolution of Intention No. 1149 to order-the establishment of a maintenance district pursuant to-the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, and referred said proposal to the Public Works Director, directing him to make and file a Report; and WHEREAS, the Public Works Director filed with the City Clerk of the Council his report, in writing, which Report is as follows Public Works Director's Reoort City of Bakersfield, Maintenance District No. 1-12 (Interim), is generally described as a district bounded by Olive Drive on the north, Fruitvale Avenue on the east, aline 662.90 feet south of the centerline of Olive Drive on the south, -and Jordan Street 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 unincorporated area ultimately to be annexed into 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 f files this Report and proposed assessment of and upon-.all parcels of property within the district for the cost of ~aaintaining public street medians and .other public street .landscaping i~aprovements. The improvements generally include, but are not limited. to, plant forms, drainage facilities, irrigation system pipes, conduits, water mains and/or .sprinkler systems therefore, sidewalks, walkways, and ornamental planting, including .shrubs, round covers and trees now existing or hereafter to be constructed g or planted in and far saa.d maintenance district and are of a public nature. The assessment includes the cost of necessary repairs, replacement, water, electricity, care, supervision and any and all other ..items necessary for the proper maintenance and operation thereof, and all additions and improvements thereto which may hereafter be made. ExHIBIT "1" -1- f ~^ . For many years, public parks, public street median and other public street landscaping improvements in the City were maintained through traditional tax revenues. After Proposition 13, in .1978, funds available for maintenance and operation of parks, street median and 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. 1-12 (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 1996-97 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 an assessment for the 1996-97 fiscal year as shown in Exhibit "E". When .merged into the Consolidated Maintenance District, it is expected to be placed in street tier 3. The estimated maximum- cost for residential development is $150.00 per Equivalent Dwelling Unit based on full build out of the benefit area at existing zoning, using 1996, dollars and 1996 Parks Department maintenance and overhead costs. The district will consist of residential use, thus all parcels within the district will be affected. Sensory benefits from installing street landscaping are aesthetic enhancement and open space, enjoyment. Public median and street landscaping will benefit all the lots or parcels and will be .assessed on an Equivalent Dwelling Unit basis throughout the district. The Benefit Formula is set forth herein as Exhibit "C" and attached hereto and incorporated in this resolution as though fully set forth herein. -2- A '~~% 4 7pi4 ~Y ~ 'sNj e .1b .i 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 1996-97 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. 1-12 (Interim}, subject to approval from the Board of .Supervisors be assessed to pay the cost of maintenance and operation in said district. Dated : C~ "~~ ~' ~(D. M. R AS Director of Public Works City of Bakersfield -3- ;~ ~• ~;: ~ , MAINTENANCE DISTRICT NO. 1-12 (INTERIM) LEGAL DESCRIPTION A parcel of land being a portion of the northeast quarter of Section 16, T 29 S, R 27 E, M.D.B. & M., County of Kern, State of California, more particularly described as follows.: Commencing at the northeast corner of said Section 16; THENCE (1 } South 00° 36' 25" East, along the east line of said Section 16, a distance. of 55.01 feet to a point on the south line of the north 55.00 feet of said Section 16, said point also being the true point of beginning; THENCE (2) South 00° 36' 25" East, along the last named east line of said Section 16, a distance of .607.89 feet to a point being the southeast corner of Tract 5775 per map recorded March 17 , 19 9 5 in Book 41 of Maps , Page 17 3 in the Kern County Recorder; THEHCE (3} North 89° 48' 07" West, along the south boundary line of Tract No. 5775 a distance of 1,299.76 feet to intersect the east right-of-way line of Jordan Street; THENCE (4} North 00° 27' 03" West, along the last named east right-of-way line, a distance of 587.32 feet; THENCE ( 5 } North 44 ° 52' 00" East, a distance of 28.44 feet to a point on the south right-of-way-line of Olive Drive; THENCE (6} South 89° 48' 57" East, along said right-of-way linei a distance of .557.11 feet; THENCE (7) South 88° 56' S2" East, along said right-of-way line, a distance of ,330.04 feet; THENCE (8} South 85° 03' 08" East, along said right-of-way line, a distance of 120.42 feet; THENCE (9} South 89° 48' 57" East, along said right-of-way line and prolongation thereof a distance of 240.97 feet to a point on the west line of the east 30 feet of said Section 16; 1 ~M~ :. ~~.. ~1 .'~ }e. c '' ~~ w'~-' THENCE (10~ North 00° 36' 25" West, along said west line a distance of 15.00 feet to intersect the south line of the north 55' of Section 16; THENCE (11) South 89° 48' S7" West, along said south line a distance of 30.00' to the true point of beginning; THENCE (12) North 00° 36' 25" West, along the last named east line a distance of 55.00 feet to the True Point of Beginning. P:~maindist~legals~legll-12 has EXHIBIT A 2 J < .,,~ MAP AND ASSESSMENT DIAGRAM I FOR MAINTENANCE DISTRICT NO. t-12 pNTERIM) BAKERSFIELD, CALIFORNIA x~E'-,°° W o fD. CONC. ~ . PLATE WAND 'K.CS sfc. 1o,1s,1e T.iln a-1-ss' MoN. ~ ~ Kcs F9. T~ ~ a o -- ~,w a~, ~W W ~ v~~ 0 LI VE s~'~'SrE D R ! VE 131.~~ `~ ~ ~ ~, _ - -- -_-- _ -- - _ - - '48'SYE 2~0~9T' ~ "v ~ 3 ~ ~ f l ~ P.U.E 1 P ~ ~ W . . W 2 28 29 30 ~ t . 1 3 4 5 6 ~ ~ 26 ~ ~ Z ~ ; . W ~ ~ ~ ~ s H 25 PARK na WEST CIRCLE ~ ~ Q ~ . 8 ' PEMBROKE ~ 24 3t ~ ~ , ~ !~ AVENUE ~ 9 ~ i ~., o i N W ~ ~ 23 PARK (NEST CIRCLE ' ~ ~ ~ J Q Z to Z2 1~ ~ ' P U~ a 21 ~p t9 18 17 16 15 4 t i3 12 tt ~ ~ ~~, ~ ~, ~ N89'48'orw ~~,~' KIMBERLY; ~. ~T~ w Ix rIN r~+w~T NQ ~$~ 111 o~t~~- ~~ ~~i~IPER YVESTLAKE DRIVE AVENUE 1 r KIMBERLY AVENUE HIED NI 1HE OFFICE OF THE alY C1~RK THIS DAY OF _ __, 19~ BAKERSFIELD, CAWFORNIA AN ASSESSMENT wA5 LEVIED 8Y THE pTY COUNCIL ON THE LOTS, PECES AND PARCELS OF LAND SIgMN ON THIS ASSESSMENT DIAGRAM. SAID ASSESSMENT WAS LEYE1) ON THE OAY of _. 19,-_.; -SAD ASSESSMENT DiAGRAII AND THE ASSESSMENT Rq.l WERE RECORDED N THE OFFICE OF THE DEPARTMENT OF PUBLK; WORKS Ci SAO CITY ON THE DAY aF . Ia_-_, REFERarc~ Is MADE iQ THE ALIT ROLL RECORDED N THE OFFICE OF THE DEPARTMENT OF PUBLIC WORKS FOR THE EXACT AMOUNT OF EACH ASSESSMENT LEVER AGAINST EACH PARCEL OF 1AI10 SHOM+i ON THIS ASSESSMENT DIAGRAM. BAKERSFIELD, CALIFORNNA 8A1~.D, CALIFORNIA EXHIBIT '6' FNFD FOR RECORD THIS DAY OF 19- - AT _.,,M.. N! BDOK OF A55ESSNENT DISTRICTS AT PACE W THE OFFICE OF TILE COUNIY RECORDER OF THE COUNtt OF KERB, STATE Of CALIFORNIA. BY COI~ITtI Q.ERK RECORDER DEPUTY RECORDER RECORDED IN THE OFFlCE of THE DEPARTMENT OF PUBLIC w~lcs T1tIS OAY OF . 11_. ~,,,,,. s~"`- MAINTENANCE DISTRICT 1-12 (INTE~tiM} 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) wit~hia 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 2 ~~, ~,, .~ t ~~ ~. ,,.` ~ y. EQUIVALENT DWELLING UHIT (EDtI) 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 Non Residential Mobile Homes in parks (Rent Space} Mobile Homes in subdivisions (Owner} Mixed Use 6/acre 0.71/unit 1.00/unit equal the acreage multiplied by 12 rounded down to the nearest whole number. Rounded to nearest .O1 Each calculated per the above. U:JOHN\MAINDIST\~'ORMULA\MD1-12 EXHIBIT nC~~ Page 2 of Z ~.. , .. EXHIBR'Q MAINTENANCE DISTF~CT N0.1-12 (INTERIAA) .SAID ASSESSMENT IS MADE IN AC;CORL~IVCE WITH THE BENEFlT FORMU lA ATTACHED HERETO. 19®6 -1987 BUDGET GrOSS Budget Amount Required ~8,000.00 Katy Staff Services a Contract, Supplies, f~la~erids, Utifitias, and Overhead Costs Estimatied Bunning Fund balance / (Defiat~ =O.Op Less: City Contribution s~0.00 NETAMOUNTTO BE ASSESSED 57,410.00 EXHIBIT "D~' P.1MAlNDfST~EXHIBITS1M01-12D.11VK1 JAS ~~, ~~'`~ ,~;,~ ~._ ~?~"- EXHIBIT "E" ASSESSMENT ROLL MAINTENANCE DISTRICT NO. 1-12 (INTERIM) FISCAL YEAR 1996 -1997 Assessment Parcel No, as shown on Map Total Exhibk ~B" Assessment 506-380-05-00-3 506-380-06-00-6 506-380-07-00-9 506-380-08-00-2 506-380-09-00-5 506-380-10-00-7 506-380-11-00-0 506-380-i3-00-6 506-380-i4-00-9 506-380-15-00-2 ~6-380-16-00-5 506-380-17-00-8 506-380-18-00-1 506-380-i9-00-4 506-380-20-00-6 506-380-21-00-9 506-380-22--00-2 506-380-23-00-5 50fi-380-24-00-8 506-380-25-00-1 506-380-26-00-4 506-380:-27-00-7 506-380-28-00--0 506-380-29-00-3 506-380-30-00-5 506-380-31-~-8 50fi-380-32-00-1 506-380-33-00-4 506-380-34-00-7 5os-380-~-00-0 $247.00 $247,00 $247.00 $247.00 $247.00 $247.00 $247.00 $247.00 $247.00 $247.00 $247.00 $247,00 $247.00 $247,00 $247,00 $247.00 $247,00 $247.00 $247,00 $247,00 $247,00 $247.00 $247.00 $247,00 $241,00 $247.00 $247,00 $247,00 $241,00 $247.00 Total $7,410.00 Date:..~u~ ~ , i R9 G tt ~f~~ City Clerk and Ex Off~io Clerk f the Council of the City of Bakersfi Id p"'' ~ ~ . . D ~.. Before The Board of Supervisors Ju" 1j ~~ County of Kern, SCQIC Of CQZlfOT/ll(I ENGINEERING DEPARTMENT In the matter of: CONSENT TO ESTABLISH CITY OF BAKERSFIELD MAINTENANCE DISTRICT N0. 1-12: Resolution No. 96-277 Reference No. 9bi194b I, SUE DAVIS, Clerk of the Board of Supervisors of the County of Kern, State of California, hereby certify that the following resolution, on motion of Supervisor Ashburn ,seconded by Supervisor Shell was duly and regularly adopted by the Board of Supervisors of the County of Kern at an official meeting thereof on the 18th ,day of June , ?996 , by the following vote and that a copy of the. resolution has been delivered to the Chairman of the Board of Supervisors. ABSENT: NONE SHELL SUE DAVIS Clerk of the Board of Supervisors County of Kern, State of California 'LUTION Section 1. WHEREAS: 1. The City of Bakersfield in#ends to form a maintenance district pursuant to Division 7 Chapter 26 of the Streets and Highways Code of the State of California} for the provision of maintaining and operating public improvements within the boundaries of the proposed Maintenance District No. 1-12, in the County of Kern; and 2. Certain property that will benefit from the maintenance district is located outside the Bakersfield City limits; and 3. Under California Streets & Highways Code Sections 5820 & 5823, it is necessary that prior to including unincorporated territory within such a maintenance district, the City of Bakersfield must receive the consent of this Board of Supervisors; and 4. The City of Bakersfield has submitted to this Board, for approval, its Resolution of Intention (Exhibit A} to form the subject maintenance district, and has requested this -- --. _ EXHIBIT ••Z•• j #96-2» AYES; ASHBURN, PEREZ, PATRICK, PETERSON, ~-~ ~. £ ," t ". ~i ~p A~'I'`~~~ ~,~1S,t„ ..T ~ ~;!Y... ~rl . X Board's consent to certain property located outside the boundaries of the City of Bakersfield being included within the boundaries of the proposed maintenance district; and 5. The City of Bakersfield has assured this Board that under no circumstances will the County of Kern be liable for the payment of any costs, damages or assessments relating to the subject maintenance district. SECTION 2. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Board of Supervisors of the County of Kern, State of California, as follows. ~ . That the Resolution of Intention to establish Maintenance District No. 1-12, presented to this Board by the City Council of the City of Bakersfield, is hereby approved. 2. This Board hereby grants its consent: A. To the formation of the maintenance district referred to in said Resolution of Intention; and B. To the assumption of jurisdiction by the City of Bakersfield far all purposes in connection therewith. 3. That the plats indicating by boundary lines the extent of the territory included in the .proposed maintenance district, submitted by the City of Bakersfield and on file with the Clerk of the Board,. are hereby approved. 4. That the City of Bakersfield shall ale with the Clerk of this Board a copy of the map or maps showing the final boundaries of the subject district immediately following the recording of said map or maps. 5. That the Clerk of this Board shall forward copies of this resolution to the following: City of Baker~eld County Administrative Office Engineering S~ Survey Services Department J:IMNTDST1-.WPD 2 hae 1~ `„~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. 5775 Lots 1 through 31 COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT THIS COVENANT is executed on this day of ,199 , by Probuilt Development & Construction Inc, a California Corporation (hereinafter, "Owner"), in connection with Maintenance District 1-12 (Interim), located in the City of Bakersfield, California. The real property herein described will be located within Tier 3 of Maintenance District 1-12 (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 $150.00 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.1-12 (Interim), be merged with the Consolidated Maintenance District Beginning July 1, 1997.. It is anticipated that merging of Maintenance District No. 1-12 (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 Bakersfields Raul M. Rojas Public Works Director NOTE: Ali owner(s)Jdeveloper(s) signatures must be notarized. PW-1as P:~~~-~z.~- ', '. ~~i Y~~v:l~ Probuilt Homes Development ~ Construction, Inc. Roul M. Rojas, Director City of Bakersfield Public Works Department 1501 Truxtun Avenue Bakersfield, Ca 93301 Attention: Jacques R. LaRochelle, Designer Engineer Subject: Tract-5775 Landscape v'~~~i ~ Ar, ~uRochejJe ~6Y tE~ .SY' ~~ ~' _.~ r ,~ :~ t~ . r: , . . ;.. ~:,,~; . ._. Probuilt Development and Construction, as owner of 24 lots of this 30 lot subdivision Tract 5775, hereby requests the formation of an interim maintenance district for the property. Our Engineer Steve DeBranch at Dewalt Corp. will supply you with a disk copy of ?Tact 57?5 for your use. Last~y, as majari~y owner of the property involved in this request, we hereby waive fihe public hR~ring and protest hearing portion of the district formation. Your assistance with this matter is greatly appreciated. Sincerely, _ ~~ ~s~ . Mark Shuman-Pre~ldpnt b901 ~~cDIVITT DRIVE • SUITE D • BAKERSFIELD, CALIFnRNIA 93313.805-396-2444 • FAX X05-39~-8521 F-~-- ~'' r~t~afF~ C,~.~J~ t A ~ :~~ C~ ,~.. ~ `, t( ~" ~ ' ~~-? j ~j ~~.~ V~~~' C..~Q~L-~. Raul M. Rojas, Director ~ ~~ ~' ~~ Cit of Bakersfield Y i~t';~ 1 ~ 1~~b Public Works Department 1501 Truxtun Avenue w____- .,~~pr?~~AENT Bakersfield, Ca 93301 F~ ~~~=F~~'•~'~ "~T Attention: Jacques R. LaRochelle, Designer Engineer Subject: Tract 5775 Landscape Dear Mr. LaRochelle t'`t~- S~~ , as owner of lot 24- within Tract 5775, hereby requests the formation of an interim maintenance district for the property. Lastly, as majority owner of the property involved in this request, we hereby waive the public heciring and protest hearing portion of the district formation. Your assistance with this matter is greotly appreciated. Sincerely, G~1 ~~ ~ar~ `~~~ % Raul M. Rojas, Director City of Bakersfield Public Works Department 1501 Truxtun Avenue Bakersfield, Ca 93301 Attention: Jacques R. LaRocheile, Designer Engineer Subject: Tract 5775 Landscape YT Dear Mr. LaRochelie ~ nr- .cis owner of lot ~ aa"within Tract 5775, hereby requests the formation of an interim maintenance district far the property. Lastly, as majority owner of the property involved in this request, we hereby waive the public hearing and protest hearing portion of the district formotion. Your assistance with this matter is greatly appreciated. Sincerely, ~~ .~.~~ 4 ~,'~Atti 11 ;'~NK$' 1 E~~'<'„d,. ~y Raui M. Roos, Director City of Bakersfield _ _ _ _ ..___ - -- - -- - Public Works Department 1501 Truxtun Avenue Bakersfield, Ca 93301 Attention: Jacques R. LaRocheile, Designer Engineer Subject: Tract 5775 Landscape Dear Mr. LaRochelie My name is r`t~~ ~~~~ and I am the owner of lot 2 ~ to Tract 5775, and do hereby request the formation of an interim maintenance district for the property. Lastly, as a owner of the property involved in this request, we hereby waive the public hearing and protest hearing portion of the district fomnation. Your assistance with this matter is greatly appreciated. Sincerely, ;~~ ~ , Raui M. Rojas, Director City of Bakersfield Public Works Department - 1501 Truxtun Avenue Bakersfield, Ca 93301 Attention: Jacques R. LaRochelle, Designer Engineer - SubJect: Tract 5775 Landscape Dear Mr. LaRochelle My name is ~~-~ ~~- ~~~~ v ~~.e. and i am the owner of lot ?~ in Tract 5775,-and do hereby request the formation of an interim maintenance district for the property. Lastly, as a owner of the property involved 1n this request, we hereby waive the public hearing and protest hearing portion of the district formation. Your assistance with this matter is greatly appreciated. Sincerely, o, ~~ . . r'te' ~: Raul M. Ro)as, Director City of Bakersfield Public Works Department 1501 Truxtun Avenue Bakersfield, Ca 93301 Attention: Jacques R. LaRochelle, Designer Engineer Subject: Tract 5775 Landscape Dear Mr. LaRochelie My name~is ~ and I am fihe owner of lot .~~e- in Tract 5775, d hereby request the formation of on interim maintenance district for the property. Lastly, as a owner of the property involved in fihis request, we hereby waive the public hearing and protest hearing portion of fihe district formation. Your assistance with this matter is greatly appreciated. Sincerely, .. . . a-30-1996 12 : 03PM FRAM PRQBU I LT HOr~ES I NC 805 396 8521 ~~ ~~. ~ ,, t ~~;, Raui M. Rojas, Director City of 6okersfield Public Works Department 1501 Truxtun Avenue Bakers~e~d, Ca 93301 Attention: Jacques R. LaRochelle, .Designer Engineer Subject: Tract 5775 Landscape Dear Mr. ~.aRocheUe My Home is ~ ~~QCe!< .Z and ! am the owner of lot in Troct 5775, .and do hereby request the formation of an infietim maintenan e district for the property. lastly, as o owner of the property involved in this rEquest, we hereby waiv fihe public heoring and protest hearing portion of the district formation. Your assistance with this matter fs greotly oppreciated. Sincerely, P. 3 ~~~ ", wJ ~. '. , w.,,ws ¢ ~ S .~ ~~ ~~ j ,, l~ _. i~~a~ ,.,, Raul M. Rojas, Director City of Bakersfield Public Works Department 1501 Tru~un Avenue Bdkersfieid, Ca 93301 Attention:. Jacques R. LaRocheile, Designer Engineer Subject: Tract 5775 Landscape Dear Mr. LaRocheile i mm i ~ ~ofl~l~ , as owner of lot Zq within Tract 5775, hereby requests the formation of an interim maintenance district for the property. Lastly, as majority owner of the property involved in this request, we hereby waive the public hearing and protest hearing portion of the district formation. Your assistance with this matter is greatly appreciated. Sincerely, ~ ~ ~~~~ ~. Raul M. Rojas, Director City of Bakersfield Public Works Department 1501 Truxtun Avenue Bakersfield, Ca 93301 Attention: Jacques R. LaRochelle, Designer Engineer Subject: Tract 5775 Landscape Dear Mr. LaRochetie APR 3 0 1996 PUBIiC WORHS DEPARTMENT D ~v ~ n c~ u~v ~ . , as owner of lot ~ within Tract 5775, hereby requests the formation of an interim. maintenance district for the property. Lastly, as majority owner of the property involved in this request, we hereby waive the public hearing and prs~test hearing portion of the district formation. Your ass+stance with this matter greatly predated. Sincerely, (~n~BA~~~v~~ 5 ,J +cU9PDRA~jn ~51~ - .~ ~ ~~ _~ ,~ ~- U d . ;, ~RT tL'~ ~yl -~j1F0 MEETING DATE: June 26,1996 AGENDA SECTION: Consent Calendar ITEM N0: T0: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DA~ June 7, 1996 CITY MANAGER SUBJECT: -Resolution establishing Maintenance District No. 1-12 (Interim), confirming the assessment and authorizing collection ~of assessments by the Kern County Tax Collector (Park West}. (Ward 4). - RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: Written request has been received by the City Engineer from the owners of the property described in Tract No. 5775 to form a maintenance district or to be included into an existing maintenance district. Tract 5775, which is within the unincorporated area of Kern County, is in the process of being annexed into the City of Bakersfield with completion expected in December 1996. It is necessary that prior to including unincorporated territory within a City Maintenance District, the City of Bakersfield must receive the consent of the Board of Supervisors. The Ci submitted . tY Resolution of Intention 1149 approved by Council on May 22, 1996 to the Board of Supervisors for their approval. The formation of .proposed Maintenance District No.1-12 was approved by the Board of Supervisors by County Resolution attached as Exhibit " 2". This district will;provide for the maintenance of public street landscaping. Staff recommends the formation of Maintenance District No. 1-12 Interim Park West enerall bounded b .Olive ( )( }g y y Drive on the north, Fruitvale Avenue on the east, a line b62.90 feet south of the centerline of Olive Drive on the south and Jordan Street on the west. This district will be under the street/median zone of benefit and assessed an amount for "Tier 3". The City of Bakersfield has received letters from the property owners within proposed Maintenance District No.1-12, which waives all rights to a public hearing and to a protest hearing as required by the Brown Act and Cha ter 13.04 of p the Bakersfield Municipal Code. This allows the City to expedite the formation of the district. 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. In order to provide future property owners with _disclosure regarding the proposed maintenance district and the estimated maximum annual costs per equivalent dwelling unit, a covenant has been APPROVED DEPARTMENT HEAD CITY ATTORNEY ~ Tune 7, 1996, 3:.S9pm AUM11V1ll.KA.l'lVE KLYVKl Page Z drafted and wig be supplied to the subdivider/developer to be recorded with each subdivision. A copy of this covenant is attached far reference. ;~ P:Uadlodmiayadl- i Z.zs1 Juno 7,1996, 3:S9pm RESOLUTION N0. A RESOLUTION ESTABLISHING MAINTENANCE DISTRICT NO. 1-12 (INTERIM), CONFIRMING THE ASSESSMENT AND AUTHORIZING COLLECTION OF ASSESSMENTS BY THE KERN COUNTY TAX COLLECTOR (PARK WEST WHEREAS, the City Council of the City of Bakersfield, State of California, heretofore by Resolution of Intention No. 1149, adopted May 22, 199b, 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 perf orm work by . City f orces or private contractor. Said District shall be designated Maintenance District No. 1-12 (Interim), as shown and designated on that certain map entitled Map and Assessment Diagram for Maintenance District No. 1-12 (Interim}, City of Bakersfield, California, for Fiscal Year 1996-1997 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 letters from the property owners within Maintenance District No. 1-12 Interim- ,which. waives all ri hts to a ublic ( ) g p 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.1-12, 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 inco orated herein b ~ Y reference. 2. The Council hereby establishes Maintenance District No.1-12 (Interim), and confirms and adopts the Public Works Director's Report, (attached hereto as Exhibit "1" and incorporated herein by reference) including the amounts of assessment for each assessed parcel, as set forth in the Public Works Director's Report. 3. Exhibits "A" and "B" attached hereto and incorporated herein by reference 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 Ci of Bakersfield tY Attachments: Exhibit-" 1" Exhibit "A" Exhibit "B" _ Exhibit "C" Exhibit "D" Exhibit "E" Exhibit " 2" P:~laindistlestab~i•12.EST jas For many years, public parks, public street median and other public street landscaping improvements in the City were maintained, through traditional tax revenues. After Proposition 13, in 1978, funds available for maintenance and o eration of arks • p p street median and ,other street. landscaping improvements were substantially reduced. At present, the Cit 's bud et does not Y 9 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 eneral • g 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. 1-12 (Interim), is being established as an interim maintenance district for the maintenance of public_street median and other street landsca in At the end p g of the 1996-97 fiscal year this interim district will be mer ed g into the Consolidated Maintenance District established b the Cit Council y• y on June 29, 1994. The district well be assigned an appropriate tier in the Consolidated Maintenance District so that each parcel will be assessed the same amount as other arcels P receiving a similar benefit. All parcels within this district will have an assessment for the 1996-97 fiscal year as shown in Exhibit "E". When merged into the Consolidated Maintenance District, it is expected to be placed in street tier 3. The estimated maximum cost for residential development is $150.00 per Equivalent Dwelling Unit based on full build out of the benefit area at existing zoning, using 1996 dollars and 1996 Parks Department maintenance and overhead costs. The district will consist of residential use, thus all parcels within the district will be affected. Sensory benefits from installing street landscaping are aesthetic enhancement and open space enjoyment. - Public median and street landscaping will benefit all the lots or parcels and will be assessed on an Equivalent Dwelling Unit basis throughout the district. The Benefit Formula is set forth herein as Exhibit "C" and attached hereto and incorporated in this resolution as though fully set forth herein. -2- MAINTENANCE DISTRICT NO. 1-12 - (INTERIM) LEGAL DESCRIPTION A parcel of land being a portion of the northeast uarter of q Section 16, T 29 S, R 27 E, M.D.B. & M., County of Kern,.: State of California, more particularly described as follows: Commencing at the northeast corner of said Section-16; THENCE (1 } South 00° 36' 25" East, along the east line of said Section 16, a distance of 55.01 feet to a point on the south line of.the north 55.00 feet of said Section 16, said point also being the true point of beginning; THENCE (2) South 00° 36' 25" East, along the last named east line -of said Section 16, a distance of .607.89 feet to a point being the southeast corner of Tract 5775 per map recorded March 17 , 19 9 5 in Book 41 of Maps , Page 17 3 in the Kern -County Recorder; THENCE (3) North 89° 48' 07" West, along the south boundary line of Tract No. 5775 a distance of 1,299.76 feet to intersect the east right-of-way line of Jordan Street;. THENCE (4) North 00° 27' 03" West, along the last named east right-of-way line, a distance of 587.32 feet; THENCE ( 5 ) North 44° 52' 00" East, a distance of 28.44 feet to a point on the south right-of-way line of Olive Drive; THENCE (6) South 89° 48' S7" East, along said right-of-way line, a distance of 557.11 feet; THENCE (7) South 88° 56' S2" East, along said right-of-way line, a distance of 330.04 feet; - THENCE (8) South 85° 03' O8" East, along said right-of-way line, a distance of 120.42 feet; THENCE (9} .South 89° 48' 57" East, along said right-of-way line and prolongation thereof a distance of 240.97 feet to a point on the west line of the east 30 feet of said Section 16 • 1 MAP AND ASSESSMENT DIAGRAM I FOR MAINTENANCE DISTRICT N0.1-12 (INTERIM) BAKERSFIELD, CALIFORNIA '°^~E ,.'°° Fo. coNC. NaN. w/gRASS pu>E MARK>:o 'IC.c.s. W SEC. 9,10.15,16 7.79 S, A.17~ 8-1-65' ~ ~ _ p ZION. O! lH KCS F.B. 145 9 ~ W 3W U~ ~ ~ ~ 1/H 0 LI VE 569'48'S7'E DRIVE 13,7.9s' `~ r ~ ~ - ~, .~ ,~'~ 589'48'SrE 551.11' S88'S6'S2'E 330.04' ~ 3' ~ -,fit - -- -- ----- --- -- -- -- --, -- - - __ S89'48'5rE 240.97 ,~ _ - >- ~"' 1~NLAN~ Q td lAND9CAPE ; ~1 W P.uE 27 28 ~' P t ~~ W i W 26 29 30 ~ 1 2 3 4 5 6 _ ~ ~ ~ ~ z ~w ~ ~ i o~ M 25 PARK ~ WEST CIRCLE ~ Q ,; 8 -: ~~~ PEMBROKE ~ 14 31 AVENUE; 9 ; ~ W c ;~ W 1~ ~ N 8 Z~ PARK CIRCLE ~ ~ a JQ z WEST ~ to ; Q id ~ANOSCAPE' I- Q 22 EASE~IT r ~ - 21 20 19 1 S 17 1 g 15 14 t 3 12 11 P,U.E. ~ 0 ~ ~ ' ~ N89'4e'OrW 1299.76 Fo. caNC Ilol1. ~ Lx rM1N asnacr ea,NO~Rr ~ caNC. w Lx wnl c+w KIMBERLY: yam, ~ TAC ~ KwcS FC8~10A5 PG 2ti1o-PER ~ WESTLAKE AVENUE ~cT ~. ~ ~ ~~~ DRIVE r I KIMBERLY AVENUE - ~ , RLED pr THE OFFlCE OF THE aTY CLERK tHIS oAr OF 19_, FILED FOR RECORD THIS oAY aF 19~ AT ~M.. rN BOOK OF ASSESSMENT DISTRICTS AT PAGE IN THE OFFlCE OF THE COUNTY RECORDER OF THE COUNTY OF KERN, STALE OF CALlFOR~NA. couNrr cxERU REC~DEa BY _ _ ____ AN ASSESSMENt M-AS LEVIED BY THE CITY COUNpL ON THE LOTS, PIECES ANO PARCELS OF LAND SH01MN ON THIS A55E55MENT DIAGRAM. SAID ASSESSMENT WAS LEVED ON THE DAY OF _ 19_; SAID ASSESSMENT DIAGRAM AND THE ASSESSMFJ~IT ROLL WERE RECORDED N THE OFFICE OF 1HE DEPARTMENT OF PUBLIC WORKS OF SAID qTY ON THE DAY OF . 19,_, REFERENCE IS MADE TO THE ASSESSMENT ROLL RECORDED IN THE OFFlCE OF THE DEPARTMENT OF _ PUBLIC WORKS FOR THE EXACT AMOUNT OF EACH ASSESSMENT LE41E0 AGAINST EACH PARCEL OF LAND SHOWN ON THIS ASSESSMENT DIAGRAM. qTY CLERK of THE an of 9AKERSFlELD, CJWFORNIA RECORDED 5V THE OFFlCE ~ THE DEPARTMENT OF PUBLIC WORKS THIS OAY OF . 19_ - EXHi61T ' B~ 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:JOHN\MAINDIST\FORMULA\MD1-12 EXHIBIT "C" Page 2 of 2 EXHIBIT " E" ASSESSMENT ROLL MAINTENANCE DISTRICT N0.1-12 (INTERIM) FISCAL YEAR 1996 -1997 Assessment Parcel No, as shown on Map Total Exhibit "B° Assessment 506-380-05-00-3 $247.00 506-380-06-00-6 $247.00 506-380-07-00-9 _ $247.00 506-380-08-00-2 $247,00 506-380-09-00-5 $247,00 506-380-10-00-7 $247,00 506-380-11-00-0 $247,00 506-380-13-00-6 $247,00 506-380-14-00-9 $247,00 506-380-15-00-2 $247,00 506-380-16-00-5 $247.00 50fi-380-17-00-8 $247,00 506-380.-18-00-1 $247,00 506-380-19-00-4 $247,00 506-380-20-00-6 $247,00 506-380-21-00-9 $241.00 506-380-22-00-2 $247,00 506-380-23-00-5 $247,00 506-380-24-00-8 $247,00 506-380-25-00-1 _ $247,00. 506-380-26--00-4 $247.00 506-380-27-00-7 $247.00 506-380-28-00-0 $247.00 .506-380-29-00-3 -$247 00 506-380-30-00-5 $247,00 506-380=31-00-8 $247,00 506-380-32-00-1 $247.00 506-380-33-00-4 $247.00 506-380-34-00-7 $247.00 506-380-35-00-0 $247,00 Total $7,410,00 Date: City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield 1 ~~ s ~ ~ 4,~~~~ Probuilt Homes Development F~ Construction, Inc. Raul M. Rojas, Director Gity of Bakersfield Public Works Department 1507 Truxtun Avenue Bakersfield, Ca 93301 Attention: Jacques R. LaRochelle, Designer Engineer Subject: Tracf-5775 Landscape v~~~~ii ~~r, `ui`~vl'ietfA ~ ~,~ ~ r.....,t ~:~~~.- ~J - ,.. , ,~ Probuilt Development and Construction, as owner of 24 lots of this 30 lot subdivision Tract 5775, hereby requests the formation of an interim maintenance district for the property. Our Engineer Steve DeBranch at Dewalt Corp. will supply you with a disk copy of ?ra~~t ~7?5 for your use. Lastly, as majori ty owner of t he ro ert involved in this r p p Y equest, we hereby waive the public hearing and protest hearing portion of he district formation, Your assistance with this matter is read a reciated. g Y pp Sincerely, ~~ r Mark Shum,~n-president 6901 McDIVITT DRIVF ~ S[1ITF I) ~ RAKFRSF1F1.n. C'A1,1FnRNiA q~~~~ ~ Rn~_~q~,_~~aa . FAx Rn~_~4~_R~~~, Raul M. Rojas, Director City of Bakersfield = Public Works Department 1501 Truxtun Avenue -. Bakersfield, Ca 93301 Attention: Jacques R. LaRocheile, Designer Engineer Subject: Tract 5775 Landscape Dear Mr. LaRochelle - 41 ~ nr- ~ ~ ~i'~~ ~ . as owner of lot ~a~'within Tract 5775, hereby requests the formation of an interim maintenance district for the property. Lastiy, as majority owner of the property involved in this request, we hereby waive the public hearing and protest hearing portion of the district formation. Your ossistance with this matter is greatly appreciated. Sincerely, ~=- ,~'~ ~"~311y ~:~ ~~~~ Raul M. Rojas, Director City of Bakersfield Public Works Department = 1501 Truxtun Avenue Bakersfield, Ca 93301 Attention: Jacques R. LaRochelle, Designer Engineer -- SubJect: Tract 5775 Landscape Dear Mr. LaRocheile My name is ~«-~. ~~ ~~.~~ v ~~ and I am the owner of lot zS in Tract 5775, and do hereby request the formation of an interim maintenance district for fihe property. Lastly, as a owner of the property involved in this request, we hereby waive the public hearing and protest hearing portion of fihe district formation. Your assistance with this matfier is greatly appreciated. Sincerely, ~, ~~ 1 C Raul M. Rojas, Director City of 6okersfleld _ Public Works Department 1501 Truxtun Avenue 8akersneld, Ca 93301 Attention: Je~cques R. LaRochelle, Designer Engineer Subject: Tract 5775 Landscape Deor Mr. LaRochelle My Home is ~~ ~ / //~aeel~ .~' and ! am the owner of (ot En Troct 5775, and do hereby request. the formafiion of an interim mantenan e district for the property. lastly, as a owner of the property involved in this request, ws hereby waiv fihe public hearing and protest hearing portion- of the distract formation. Your assistance with this mutter is greotiy apprecioted Sincerely, T ~~~~~~ ,~--- l~~°'~i~~l~~i~ Jl\~ - ~ APR 3 0 1996 PUBLIC WORKS DEPARTMENt Raul M. Rojas, Director City of Bakersfield - Public Works Department 1501 Truxtun Avenue Bakersfield, Ca 93301 Attention: Jacques R. LaRochelle, Designer Engineer Subject: Traci 5775 Landscape Dear Mr. LaRocheile - ~-' ~ n ~~ ~-~-~~i ~ as owner of lot ~ within Tract 5775, hereby requests the formation of an interim maintenance district for the property. Lastly, as majority owner of the property involved in this request, we hereby waive the public hearing and pretest hearing portion of the district formation. . Your assistance with this matter ' greatly preciated. Sincerely, 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. 5775 Lots 1 through 31 COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT .~ THIS COVENANT is executed on this 1 day of pry ,199 ~, by Probuilt Development & Construction Inc., a California Corporation (hereinafter, "Owner"), in connection with Maintenance District 1-12 (Interim), located in the City of Bakersfield, California. The real property herein described will be located within Tier 3 of Maintenance District 1-12 (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 $150.00 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.1-12 (Interim), be merged with the Consolidated Maintenance District Beginning .July 1, 1997. It is anticipated that merging of Maintenance District No. 1-12 (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: 'TF.~~ ~v-t""~5 Lo-~5 L ^ 16 i 8- Zd, L3 z ~, - Z`~ ~ L Dated this day of r'1~~4~ ,199 `t (~ Owner(s)/Developer(s): City of BakersField: Raul M. Rojas rte- ~ Public Works Director MARK SHUMAN, PRES[DENT NOTE: All owner(s)/developer(s) signatures must be notarized. PW jas P:~~~-~2.~ 5~..~. OTHER PROP~WNERS LOT 17: /~-~~~~'- LOT 21 AND 22: ~• LOT 24: ~~ LOT 25: ~&2'LG~- ~k;~~,--_ LOT 30:,~~' , ~ ~-c~%~ z~ -~ ~ FRANK M I TACEK, f V JIM HARRER MARK SHUMAN KONN I E OLL I VER KENT BOWSER STATE OF CALIFORNIA COUNTY OF Kern STATE OF CALIFORNIA COUNTY OF Kern On May 7 , 19 9 6 before me, Michele Turner (name of Notary Public) personally appeared Mark A. Shuman, pres. ,- personally known to me (or proved ~to me on the basis of satisfactory evidence) to be the person(sj whose name(sj is/are subscribed to the within instrument and acknowledged to me that he/she/.they executed the same in his/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 person(s) acted, executed the instrument. WITNESS and nd o icial al. Signature ~ ~ Michele Turner On May 7, 199b Michele Turner (name of Notary Public) personally appeared__Frank J . Mitacek Ill, Jim A. Harrer, Mark A. Shuman, Konni Ollivier. Kent Bowser , 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/she/they executed the same in his/her/their authorized capac~ty(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNES nd and official al. ,, . Signature ~ '~~u Michele Turner STATE OF CALIFORNIA COUNTY OF On } ~. } SS. before me, } SS. before me, (name of Notary Public) ' personally appeared 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/she/they executed the same in his/her/their authorized capac~ty(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(sj acted, executed the instrument. WITNESS my hand and official seal. Signature ~,~.CAMERICAN TITLE COMPANY FOR NOTARY SEAL OR STAMP •• `°' MICHELE TURNER UI •` • . COMM. #1069333 ~ " ~ ~ NOTARY Pl16tIC • CALIFORNIA KERN COUNTY ~ ~` ,. •M-- My Comm. Exp, Aug. 20,1999 ~ `.~.~AMERICAN TITLE COMPANY FOR NOTARY SEAL OR STAMP ~ ,••;';ryt MICHELE TURNER ~ ~ ~+~ ~ ~. COMM. #i 069333 " ~ NOTARY PUBLIC • CALIFORNIA KERN COUNTY N °~ •• ~ ~ My Comm. Exp. Aug, 20,1999 ~,~.~AMERICAN TITLE COMPANY FOR NOTARY SEAL OR STAMP M08.219