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Home My WebLink AboutMD Packet 1-15M~j ~~ ~ 5 _,~ NOTICE OF EXEMPTION ~~ T0: County Clerk ~~ COUNTY OF KERN 1415 Truxtun Avenue Bakersfield, CA 93301 Appendix I Project Title: Adding Territory (Area 1-15, Stockdale. Calloway) to the Consolidated Maintenance District. Project Location-Specific: ae~ nerally bounded by the Kern River on the north, the east line of Section 31 on the east, Stockdale Highway on the south and the northerly prolongation of Buena Vista Road on the west. Project Location-City: Bakersfield Project Location-County: Kern Description of Project: Maintenance of public street and median landscaping, mprovements. Name of Public Agency Approving Project: CITY OF BAKERSFIELD Name of Person or Agency Carrying Out Project: DEPARTMENT OF PUBLIC UVORKS 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 inland use limitations with addition of territory to an existing Maintenance District, CEQA guideline, City of Bakersfield Resolution No. 212-92. Lead Agency Contact Person: Marian Shaw Area CodelTelephonelExtension:(805) 326-3519 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 Si nature: Date: • , Title: 0 x Signed by Lead Ag cy Date received for filing at OPR: x Signed by Applicant ~~~~~~ o~ ~~~~~~on~~ ~~~ -~ ~o~~~d ~o~nt~ ~~~~~ o~~ ~ ~~ ~o~ 3 ~~~~~ ~h~~~e~~~~~ ~~~~~~ ~o ~~~~~or~ ~.~ ~ ~C~, P~s~~~c Pe~c~urc~~ ~e ~]~~ ~ ~- J ::~ Castle & Cooke CALIFORNIA, INC. Stephan J. DeBranch Director of Engineering Apri115,1999 Marian P. Shaw City of Bakersfield Public works Department 1501 ~'ruxtun Avenue Bal~ersfield, CA 93301 Subject: Inclusion of Parcel Map No.10~99 in a Maintenance District Dear Ms. Shaw: we, ~tlie ur~dersigned~ as owners of the pr©perty included within parcel Map ~ No. 10299 hereby request that the property be included within the Consolidated Mainten~~nce District. 'his request is pursuant to the requirements of Municipal Code Section 13.04.021, we also waive our right to any and all hearings whether pursuant to the gown Act, Proposition 218, its enabling legislation, the Bakersfield Municipal Code, or any other law) conce the ~~. formation. of or inclusion in a n~aintcnance district. we further waive all rights under Proposition 218 to for~~~lly vote for these assessments and, by signing this letter, indicate our consent to the assessments. Please contact Roger McIntosh at 834w4814 if you h~.ve any questions. ao Sincerely, Stephan J. DeBranch Director of Engineering SJDlkbg Enc. 10000~~~,~~,~~g~~~~1 P.O. Box 11165 • Bakersfield, CA 93389-1165 • (661) 664-6503 • Fax (661) d64-6042 ~~ ~ Castle & Cooke COMMERCIAL-CA, INC. 1 April 13, 1998 Raul Rojas Public Works Department 1501 Truxtun Avenue Bakersfield, CA 93301 ATTENTION: MARION SHAW RE: Vesting Tentative Parcel Map No. ~ 0522 Dear Mr. Rojas: In accordance with Bakersfield Municipal Code Chapter 13.04. I, Tak Fujii, as representative of property located within proposed Tentative Parcel-Map No. 10299, hereby request the formation of a new maintenance district or inclusion into an existing maintenance district for the property to be subdivided. Enclosed is a check in the amount of $1,409 to cover the costs of processin related 9 to district formation or inclusion. Also, our Engineer has prepared the enclosed disc copy of the above-mentioned subdivision for your use. As sole owner of the property involved in this request, I hereby waive the public hearing portion of this district formation or inclusion into an existing maintenance district. Please contact Roger McIntosh at 834-4814 if you have any questions. cere , Tak Fujii I Vice President of Construction 10000 Ming Avenue (93311) • P.O. Box 11165 • Bakersfield, CA 93389.1165 • (805) 664-6500 • FAX (805) 664.6199 OURT, BAKERSFIELD, CA 93309 (805) 834-4814 • FAX (805) 834-0972 TO ~/ ~7 ~C„J~ . ~~(/ J ~../'~ ~ '° ~ z , i i ~~ - i~a~ /O t~l'7 !o WE ARE SENDING YOU ~ nolos~ed D Price Estimates Via the following items: ^ Maps D Prints D Plans D Originals ^ Specifications ^ Co of letter D Change order D Cut Sheets D ~ COPIES I SATE ~ N0. ~ DESCRIPTION ~ THE E ARE TRANSMITTED as checked below: For approval ^ Submit copies for distribution For your use ^ Return corrected prints requested D For review and comment g REMARKS, ~~ ~"r'1 / T"l / l ''7 Lc../~ ~'~~-07 d~~~a ~~ ~~aa~~a~aa /,~i'G~~ ~~ E COPY TO SIGNED: ~- . ~ .1~ AND SURVEYING CIVIL ENGINEERING AND SURVEYING • CIVIL ENGINEERING WHEELAN C WHEELAN C D FOR BIDS DUE ^ PRINTS RETURNED AFTER LOAN TO US ^ LeffeY YeC~. MA~nf.%}r~f. ~- lam lo~a~ ~~~a~~ ~ ~~C~~ AND SURVEYING • CIVIL EN6INEERIN6 WHEELAN COURT, BAKERSFIELD, CA 83309 (661) 834-4814 • FAX (661) 834-0972 mmcengr~aol.com ~ ~ ~ ~~ WE ARE SENDING YOUEnclosed ^ Price Estimates Via the foliowin Dtems: 9 ^ Maps ^ Prints ^ Plans ^ Originals ^ Specifications ^ py of letter ^ Change order ^ Cut Sheets ^ COPIES DATE N0, DESCRIPTION THESE ARE TRANSMITTED as checked below: ^ For approval ~ D Submit copies for distribution ^ FOR BIDS DUE ^ For your use ~ Return corrected prints ^ PRINTS RETURNED AFTER LOAN TO US ^ As requested ^ For .review and comment ^ REMARKS ~ '°LC~/~~(~/'YC_ O~ ~~. Y~3'~_G_~,~ - L (~~ A - I S. o COPY.TO a~~~e ~~ ~oaQa~~a~raa R ~ ~ ~, ~ eN ~ n RE: ~ ~,,~ N~~ ~~ / +~.~ ~ fir/ ~ ~ ~ '/~/• ~I~ SIGNED: { AGREEMENT NO. ~ ~ ~ ~ 1 j AMENDMENT NG.1 TC~ AGREEMENT NO.98-81 LAND EXCHANGE THIS AMENDMENT NO. ~ TC~ AGREEMENT NG. 9fi-81, is made and entered into an , by and befi~ueen the CITY OF BAKERSFIELD, a charter city and municipal corporation ~"CITY" herein} and CASTLE & COC~KE CALIFORNIA, INC., a California corporation, ~uCCCi" herein}. RECITALS WHEREAS, CITY and CCCI previously executed Agreement No. 98-81 concerning Seven Oaks and now wish to modify this Agreement; and I~IIHEREAS, CITY owns approximately 6.~ acres of real property in the Seven yaks subdivision for the creation of a park, more fully described iri Exhibit "A," attached hereto and into orated herein by re#erence as though fully set forth ~"Cld Park 4" herein; and 111IIiEREAS, CCCI is the owner of apprdximately 29.8 acres of real property along Stockdele H~ hwa ,mare fully described in Exhibit "B," attached hereto and incorporated ~ Y h~re~n by reference as though fully set forth {"New Site" herein}; and l is as of A ril 1988 re wired to develop a park at ~Id Park 4; and I~VHEREAS, CCC p q y~tHER~AS, CCCI desires to exchange its 29.8 acre parcel New Site} for the CITY C.a a+~e parcel ~~Id Park 4}, and iTY is willin to consider tha re-zone its. Cld Park 4 parcel to allow 1NHEREAS, C ~ development by CCCI; and WHEREAS, CITY is willing to develop the New Site as open space ancUar park nds de endin u on the availability of funds and other factors; and la p g p ITY does not currentl have the funds necessary to develop or ~IVHEREAS, C Y maintain ark improvements an the New Site; and p 1NHEREAS CITY does not currently contemplate developing all of the New Site as s ark because of maintenance casts currently approximately $8,a~0 per acre} and ap develb rhent casts currently approximately ~9a,~0a per acre} and instead contemplates p ~ Idin at least art of the New Site as open space available for public use; and ho g p 's develo ment of the New Site must be in phases dependent .WHEREAS, CITY p u ors available funding or improvements, and other factors; and p gm~ndmentNo.1 ToAgreementNa,96-8~ ~ ~~~~'~ S:IPARKSt-4GRSICa~le8~CookeAgr3.wpd ~ ~ --page 1 of 10 Pages -, ~ .May 5,1998 F~ r ~ b ~R1GiNAl WHEREAS, park maintenance casts may increase aver time; and WHEREAS, CITY is willing to consider the formation of a maintenance district to pay for maintaining improvements at the New Site; and WHEREAS, CITY is willing to consider the formation of an assessment district to assist in the construction of improvements along Stockdale Highway; and WHEREAS, no residences will exist in the proposed maintenance district, but will instead consist of commercial properties, thus the assessment method will be unique to these affected parcels; and 1tVHEREAS, CITY is willing to install a fourMway traffic signal at the intersection of Buena Vista and Stockdale Highway to assist in the entrance into the New Site; and WHEREAS, CCCI is willing to develop the extension to Buena Vista Road in order to occommodate entrance into the New Bite and the adjacent commercial property; and 1I~HEREAS this exchan a of property and construction of improvements will g rnater~ally benefit the citizens of the City of 6akersfield as well as the commercial interest of CCCI; and WHEREAS the a en s ace andlor proposed park will increase. the value of the p p ad`ainin commercial property and will benefit such commercial property owned by CCCI 1 9 . b creatir~ a beautiful viewshed .and protecting access to the Kern Rover from said Y g .. adjoining property, improving the ambiance of said ad~oming property- and attracting ! ... be customers to the restaurants, shops .and other commercial fac~l~t~es planned to constructed orb said adjoining property by CCCI. THEREFORE incur oratin the fore oing recitals herein, CITY and CCCI NC~W, p g 9 mutually agree as foilo~rs: ~. ~O ER E~~HA.,N~. as an exchange of real property, CITY shall canoe all its ri ht title and interest to CITY's ~Jld Park 4 parcel to CCCI, and CCCI .shall Y 9~ convey all of its right, title and interest to CCCI s New ~~te parcel to CITY ~n accordance with all of tie covenants and conditions set forth herein. Said conveyances and transfers 'tle shall be simultaneous, and shall take place in escrow as set forth herein. The. of ti a ` merit of Seven Hundred Thousand Dollars {~l~~,Qt~0.04} to CITY, sh~il take place as p y close follows: CCCI shall pay Cne Hundred Thousand Dollars {$104,000.0} to CITY upon e remainin .Six Hundred Thousand Dollars {$OOD,00~.~U~ shall be paid by of escrow. Th g CCCI u on re oast. by CITY, .but in no event shall the Six Hundred Thousand p q $6D0,000.~0~ be paid later than one {1 }year from the date of the execution of this . Agreement. AmendmentNo.lToA~reemer~tNo,98-81 +~ ~~K~~ 5:1PgRKSV1GRSlcasde~&CoakeApr3.wpd +r -- ~ ~~ ~,~ g,,~ Page 2 of 1 ti Pages ~ o ~A~~i~A~ 2. TAB C~N~,~~, C ITY makes na representations concerning the tax consequences or impacts arising from this exchange. CCCI sha11 rely solely on its own legal, tax, and financial advisors in analyzing the tax consequences of this transaction, and CCCI has in no way relied upon any representations of the CITY concerning the tax consequences of this transaction. 3. C~NVEY~-N~E f3~ ~~:~~. CCCI and CITY each agree to convey to the other fee simple title to the properties being exchanged Old Park 4 and the New Situ, sub'ect onl to the permitted .exceptions as set forth in the title policies issued on said 1 y properties. ~n or before the close of escrow, CCCI and CITY shall each execute a grant deed which conve s fee simple title including all water rights to the properties being Y exchanged and shall deliver same to the escrow holder. 4. P CIE ~. CCCI shall pay to CITY, the sum of Seven Hundred Thousand dollars $700 Q00.00 a able in Dash, to be used by CITY far development of the New ~ }py Site as open space andlor park land. CITY may phase the development and use the fur~d~ at the New Site as City sees fit and at City's sale discretion. one Hundred Thousand Collars $100,000.00 shall be paid at close of escrow and the remaining Six Hundred ~ ) Thousand ~$SO0,QQ0.40} shall be paid upon request by CITY, but not later than one {~ } year from the execution of this Agreement. 5. ~ ENDI~.R~_PQYMENT. CITY agrees to expend the Seven Hundred housand Dollars $700000.00 a ment for the develaprnent of the New Site within two T ~ ~ }pY and one-half ~'/2 ears from the date of CITY's receipt of the final payment from CCCI. ~ }Y 6. ESSB2~Y. ow H~Ider. The exchan a of the C~Id Park 4 and New Site ~.1 Escr 9 ra ernes sha11 be consummated by means of an escrow to be opened ~at the office of p p Dad American Title cor~pany, herein "Escrow Haider," located at 201 New Stine R , Bakersfield, Califprnia 93309. 6.~ Escr+~w tnstructions. vlrithin twenty ~2a}working days of execution ' ent b all arties each shall deliver to Escrow Holder appropriately of this Agreem y p executed escrow instructions or file a written protest detailing what instructions are not acre table. This reement shall serve as the parties' instructions to the Escrow Holder p ~ and shall became part of the escrow instructions far consummation of the exchange of the ~Id Panc 4 and New Site roperties. CITY and CCCI agree to execute such additional and p su lementa instrut~ions as may be appropriate or required by Escrow Haller to comply i~ rY ~ t with the terms of this Agreement; provided, however, that in the event of any cpnflic between this A reement and any additional or supplementary escrow instructions, the ~ .. id terms of this reement shall control, unless the parties ~o~ntly agree to the contrary. Sa escrow instructions are incorporated herein by this reference. AmendmentNo.1Ta4~reemer~tNa.96-S1 ~ ~"~~~~ S:IPARKg1AGRSVCastleB,cookeAg~3.wpd ~ ,_ Pa e 3 of 10 Pa es -- Q .May s, ~~s 9 9 ~. ~- ~ a ORIGINAL fi.3 Closing Costs.. CITY and CCCI shall equally divide the payment of all closing costs including, but not limited to: title insurance, recording fees, documentary transfer, taxes, and the escrow fees. CCCI shall be responsible for all real property taxes and assessments not constituting liens accruing up to the close of escrow and the cost, if are , to clear title to the New Site parcel. CCCI shall fully pay the full amount of any Y bonds or assessments which are liens upon the property. 7. C~p~,TE. escrow shall close no later than thirty X30} days from the execution of this Agreement by all parties, unless extended by mutual written agreement of all parties. 8. ~~~~~~ The closing of this transaction is contingent upon the satisfaction or waiver of the following contingencies by CCCI and CITY: 8.1 Physical Inspection. Each party's written approval, within ten ~1 ~} da s followin the Date of Agreement, of an inspection by each party, at each party's sole Y 9 expense, of the physical aspects of the New Site and old Park ~4. 8.~ Phase I Environmental Inspection. Each party's written approval, within thi 3o da s after the Date. of Agreement of a Phase I Environmental inspection nY ~ ~ Y Re rt concerning the respective property. Said report shall be obtained at each party's direction and expense. Each party shall promptly provide to the other copies of any existin environmental reports they may have concerning their respective property. g 8.3 Condition ~~ Title. Each party's written approval of a currant liming title re ort concernin the respective property ~~the "PTR"} issued by the Title ..pre ry p 9 Corn an , as well as all aocurnents the "Underlying Documents }referred to ~n the PTA, p Y e PTR and the issuance by the "title Company of the title policy. Each party shall .cause th and all Underlying documents to be delivered to the other promptly after the Date of E ch art 's a raval is to be iven within ten ~ 10}days after receipt of said Agreement a p y pp g RTR 2irtd Ie ibl~ copies of all Underlying Documents. The disapproval by either party of 9 an moneta encumbrance which by the terms of the Agreement ~s not to remain against Y ~Y . the res `active roperty after the Clos+ng, shall not be considered a failure of this condition, p P . as each art shall have the obligation, at each party, s sole expense, to satisfy and P Y remove such disapproved monetary encumbrance at or before the Closing. 8.4 CLTA Policy. Each party shall obtain, at their awn expense, a California Land Title Association ~"CLTA"}policy for their respective parcels. 8.~ Existing Leases and Tenancy Statements, Each party's written royal within ten 1 ~ da s after receipt of legible copies of all leases, subleases or app. ~ ~ ~ Y ental arran ements collectively the uExisting Leases"}affecting the respective parcels. r g ~ Amendmer~tNo.iToA~~eem~ntNo.96-81 ~ ~~K+~,Q S.IPARKSIAGRSICastl~ebCaakeAgr3.wpd ~ ~~ ~y ~, i~a --Page 4 of 1 o Pages -- ~ ~, o ~R1GI~At 8.8 Other Agreements. Each party's written approval, within ten { 10~ days after receipt, of a copy of any ether agreements {"Cther agreements"~ known to either party that will affect their respective parcels beyond the Closing. Each party shall cause said copies to be delivered to the other promptly after the Date of Agreement. 8.7 Material Change. Na Material Change, as hereinafter defined, shall have occurred with respec# to either parcel that has not been approved in writing by each party. Far purposes of this Agreement, a "Material Change" shall be a change in the status of the use, occupancy, tenants, ar condition of each respective parcel as reasonably expected by either party, that occurs after the Gate of this Agreement. and prior to close of escrow, Either party shat! have ten {1 ~~ days following receipt of written notice from any source of any such Material Change within which to approve or disapprove same. Unless otherwise notified in writing by either party, Escrow Holder shall assume that no Material Change has occurred prior to close of escrow. 9. B~~..; ERS AND INDER~. The parties acknowledge and ~ represent that CITY shall a no commission to any broker or finder in connection with the exchange of PY the tJ1d Park 4 and New Site properties. 10, D M TERI Neither party knows of any hazardous materials stored dum ed, or in any way placed in, an, or over the respective properties p {New Site for CCCI, and Cld Park 4 for CITY. Neither CCCI or CITY knows of any .activities, either public ar private, wherein CCCI or CITY, or a third party, has placed or dum d an hazardous .materials of any nature or type in, on, over ar about the respective I~ Y , , , . properties as set forth herein. CITY shall take full responsibility far ci~anmg up any hazardous materials laced in, on, ar about the ~Id Park 4 parcel at any time prior to CCCI p taking title. CCCI takes full responsibility far cleaning up any hazardous materials placed in, on, or about the New Site parcel at any time prior to CITY taking title. 4 ~. ~ST CKDAL~ ~~~O~EM~TS. CCCI sha[I construct, at CCCI's sole cos# and to CITY s ecifications, full improvements including without limitation curb, gutter, p .. sidewalk and street I~ghts for the full frontage of the New Site parcel, as shown on ~xh~b~t "~ " and Parcel Map 18299. CCCI and CITY shall cooperate in the formation of an assessmen# district to assist in funding the improvements required hereunder. CCCI must uali and meet all CITY criteria and state law for the formation of an assessment district q fY for construction of the improvements. ~2. BUEN VISTA ROAD E~CTE~S,I~N. CCCI shall, at CCCI's sole cost and ' cifications construct a full ri ht-of-way for the extension of Buena Vista Road to CITY s spe g north of Stockdale Highway, including a cul-de-sac, and the same shall be dedicated to the CITY u on com letion. The Buena Vista Road extension and cul-de-sac shall be a p p . . local street, however, its width must be such to trans~t~Qn safely and properly with Buena .Vista Road to the south of Stockdale Highway. Properly designated transitions, as a roved b the CITY En inset, shall be incorporated in the extension and cul-de-sac to Pp Y 9 reduce down to a standard 6~ foot street right~of-way with forty~four (44}feet of curb to AmendmentlVo.1 ToAgreementNo.96~81 ~~~~~ S:IPARKSUI~RS1Cas~eQ-GookeA~r3.wpd -' ~~ '~'~ _M,y ~, ~~ --Page 5 of 10 Pages ~. ~A~~fNA~. curb widths. Full improvements, as required by CITY, shall be constructed for the length of this transition, including, without limitation, curb, gutter, sidewalk and street lights. Full improvements shall also be constructed at the turn-around portion of the cul-de-sac. At a minimum, partial improvements shall be constructed along the New Site parcel frontage. Said partial improvement shall include curb, gutter, sidewalk and street lights, cone-half X112} width street, plus an additional lane between the transition and cul-de-sac. The length of the improved street terminating with a cul-de-sac shall be three hundred and twenty X328}feet from the northern right-of-way line of Stockdale Highway to the radius point of the cul-de-sac. 1~. TL,.. ~I_,_~.F,Ct~NSTRU~„~'~~N. CCCI shall commence construction of the improvements to the New Site and the Buena Vista Road extension and cul-de-sac within one hundred eighty ~18B}days of the CITY's commencing construction of improvements a# the New Site, ar the commencing of construction of any. improvements to any adjacent commercial property, whichever comes first. .Commencing construction shall mean applying for a building permit on the commercial property adjacent to the New Site or the commencement of actual construction on the New Site by CITY. Once started construction shall ~ diligently prosecuted to completion, and all such construction .must be completed within ninety X90}days. . 14. T~PFIC SIGNAL. CITY shall canstr~ct, at CITY's sole expense, afour- waytraffic signal at the intersection of Buena Vista Road and Stockdale Highway. CITY .shall .construct said traffic signal concurrent with the construction of the Buena Vista Read extension and its related improvements. 15. MlAINTEI~. DI~ZT. CITY and CCCI each consent to the formation of an maintenance district in the area shown in Exhibit "C." CCCI, and CITY, will comply with. all. of .the procedural requirements far maintenance district formation. CCCI hereby waives all ri hts to notice and protest to the f©rmatian of said maintenance district g including, but not. limited to, Proposition 218, Bakersfield Municipal Code, and ,state statutory rights concerning notice and protest. CITY agrees the annual assessment shall be n4 more than Sixty Thousand Dollars ~$6~,~O.Bp}for the first year of the maintenance district; thereafter the annual. assessment will be subject to adjustment according to increases ar decreases in the Consumer Price Index as follows: the basis for computing the adjustment is the Consumer Price Index figure far all urban consumers -Los Angeles - 1 Anaheim - Riverside thereinafter "Index"} as published by the United States Deparkment of Labor's Bureau of Lobar Statistics thereinafter "Bureau"} compared to the Index for December 1 g9l thereafter "Base. Month Index"}. The Base Month Index shall be compared with the Index for the, same calendar month for each subsequent year thereafter "Com arisen Month index"}. If the Comparison Month Index is different from the Base P Month Index, then the Sixty Thousand Dollars ($G~,g00.00} base assessment far the next succeeding year shall be increased or decreased by multiplying it by a fraction, the numerator of which is the Comparison Month Index and the denominator of which is the Base Month Index. Should the Bureau discontinue publication of the Index, or publish the Index less frequently, such other governmental index or comparison with which it is Amendmer~tNo.1ToAgreementNo.96~81 ~ ~l~X~~ S:1~ARKSV4GRSlcas#IeB~CookeAgr3.wpd ~ ~ .MaY s,,~s8 --Page 6 of 1 ~ Pages -- ~ ~. ~ c~ ~RSG~NAI. replaced shall be used in order to obtain substantially the same result as would be attained if the Index had not be discontinued. 15.E The formation of the maintenance district shall begin upon the transfer of the New Site to CITY, Should maintenance district not be farmed the CITY reserves the right to rescind this transaction or to farm other maintenance districts or obtain funding for the maintenance of said New Site parcel through whatever means are legally available to charter cities in the State of California. Assessments shall not be charged against the district until construction of Phase I of the park is completed at the New Site, Phase I improvements to be determined by CITY. 15.E Because the proposed park will provide benefit and substantially increase the value of adjoining commercial property own~l by CCCI, CCC! covenants and agrees as a covenant running with the land described in Exhibit "C" to pay that portion of the maintenance casts set forth hereinabove for the CITY park to be developed. in accordance with this .Agreement. Such real property described in Exhibit "C" is the senrient tenement to that property transferred by this Agreement to the CITY. The property transferred to the CITY by this Agreement is the dominant tenement and by reason of the benefit it provides to the servient tenement it is entitled to the maintenance casts as pi*gvided herein. This Agreement anticipates the maintenance district described hereinabove will establish the method by which CCCI fulfills this commitment. However, in the event such maintenance district fails to come into existence or is for any reason terminated or fails to~ pay the portion of maintenance costs agreed to herein, then the .owners of all that property in proportion to the ownership interest held at that time are hereby bound to pay such maintenance casts. This .Agreement shall to recorded as a deed restriction to bind future owners of the servient tenement and to run with the land. 1 ~. ~~:~I Imo. ,CITY agrees to insider the re-zone the ~Id Park 4 parcel to allow development of single family residential lots. Said re-zoning shall be accomplished as part of the general plan cycle. 17. PA~CE~.„,.MAP REt~UIREMEN.TS. All requirements for Parcel Map 1~029g shall remain in full farce and effect including, without limitation, mitigation and bu#fer zone requirements. CCCI may change these requirements by complying with all applicable laws and regulations for environmental review, notice public hearings and other legal requirements. 18. C~OPERATiCl~i~. CCCI and CITY agree to cooperate with one another in good faith and to take such steps which are reasonably necessary to implement the intent of this Agreement. 19. CALIF~~~#, LAW. This Agreement shall be construed and enforced in accordance with, and governed by the internal, substantive laws of the State of California. AmendmentNo.1 ToAgreem~ntNo.96.81 S:I~ARKS1AGi~SlCasdeB~caakeAgr3.wpd ~ ~~~~~ -M~y s, ~ss~ --Page 7 of 1 ~ Pages -- ~ ~'~ ~ r ~ ~ t~~~~~~~ ~4. M.,~. This Agreement shall not be assigned by any party, ar any party substituted, without prior written consent of all the parties. ~1. BINnIN~F'ECT. The rights and obligations of this Agreement shall inure to the benefit ofi, and be binding upon, the parties to the Agreement and their heirs, administrators, executors, personal representatives, successors and assigns. ~~. CaIVI~'LIANCE,V~tITH ALL LAWS, CCCI shall, at CCCI's sole cast, comply with III of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shalt faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations now in force or which may hereafter be in force. 23. C RPORATE TH~3RITY. Each individual executing this Agreement i"epresents and warrants they are duly authorized to execute and deliver this Agreement on beheif of the corporation or organ~zatian, if any, named herein and this Agreement is binding upon said corporation or organization in accordance with its terms. 24. Er ECUT10_, ,~-H~ A.~THORSHIP. This Agreement is effective upon execution. It is the product ofi negotiation and all parties are equally responsible for 2~uthorship of this Agreement. Section 1 S54 of the California Civil Code shell not apply to the interpretation ofi this Agreement, 25. ~;~ Tai. In the .event a~f a conflict between the terms, conditions ar spe~afipatiorts set forth in this. Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or npt actually attached. 26. ,Any lawsuit pertaining to any matter arising under, or growing out a#, this Agreement shall be instituted in Kern County, California. Z7. MERG.~,~ ~Nt? ~ ODIFICAT~. This Agreement sets forth the en#ire Agreer~ent between the parties and supersedes all other oral or written representations, 'his Agreement may be modified only in a writing approved by the CITY .Council and signed by all the parties. 28. NEGATION ~~ ~,~~T,NERSHIP. CITY shall not became or be deemed a partner or joint venturer with CCCI or associate in any such relationship with CCCI by reason of the provisions of this Agreement. CCCI shall not for any purpose be considered an .agent, officer qr employee of CITY. 29. N N-INTER~~T. Na officer or employee of the CITY shall hold any interest in this ,Agreement California Government Code section ~ ~9~}. . AmendmentNa.lToA~teementNo.86-81 $~~~, s:1PARKS1AGRSIGas#e&cookeA~r3.wpd __ Pa e 8 of 10 Pa es -- ~~ ~~' ~I~y 5,1998 g g ~. .~ ~ ~ ~~ C~ a~x~~~~ 30. .All notices relative to this Agreement shall be given in writing and shaEl be personally served or sent by certified or registered mail and be effective u on .. p actual personal service yr depos~t~ng in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice: CITY: City Manager CITY OF BAKERSFIELD City Hail 1561 Truxtun Avenue Bakersfield, California, 93301 CCCI: President CASTLE ~ COOKE CALIFORNIA, INC. 1060 Ming Avenue P.O. Box 11165 Bakersfield, California 93389 31. VtilAll[ER ~~ DEFAULT. Thee failure of any party to enforce against. another a provision of this Agreement shall not constitute ~ waiver of that party's right td enforce such a provision at a later time, and shall not serve to vary the terms of this Agreement. 32. N~„ , ,Q'~HER_. MC~DiFICATIONS. Except- as herein modified by this Amer~dr~nent to Agreement, Agreement No. 96-81 shall remain in full force end effect. IN 1~'ITNESS ~IVHEREOP, the parties ,hereto have caused this Agreement to be executed, the day and year firstMabave written, "CITY" uCCCI" CITY OF BAKERS LD CASTLE ~ CooKE CALIFORNIA, INC. By: By: ~'' ~ ,Mayor Title: President APPROVED AS TO CONTENT: RECI~fATIC3N ~ PARKS DEPARTMENT , By: ST~tN FORD Recreation and Parks director MORE SIGNATURES 4N FoLLQWING PACE Am~ndmentNo.lToA~reementNa.96.81 ~ ~~k~~~ S:IPARKS44GRStCas~eB~CoukaAgr3,wpd ~ ~'' Bey s,,~a -- Page 9 of 1 g Pages -- ,,, ~~~ ~- ~ ~ ~}Ai~1NAl APPROVED AS TO FORM: t~FE~CE CAF THE CITY ATTCIRNEY B iKaU~f N ey COUNTERSIGNED: ~y: J. KL.IMKQ Fi ce Director A~D:dir Attachments: Exhibit "A,'f "B," "C" & "D" AmendrnentNo.1 ToABroeme~tWo.96.81 S.IPARKSIAGRS1Cestle&Cpokag8t3.wpd -~1+1ay 5,1898 ~~ ~~ Page 10 of ~ 0 Pages -- ~ 8~~~~ C~ ~~ ,~ r F'- rte., ~~~~~~~ EXHIBIT "A" Old Park No. 4 ALL THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 7, T.305.~ R.~?E., M.D.M., ~ITy OF BAKERSFIELD~ COUNTY OF KENNY STATE OF CALIF~3RNIA, BEING DESCRIEED A5 FOLLOWS: CO~+DIENCING AT THE SOUTHEAST CORNER OF SAID SECTION 7; THENCE N.xp'~5'S5"W., ~3i~.60 FEET TG THE TRUE POINT OF HEGYNNING; THENCE 5.70.24'08"W., 555.25 FEET; THENCE N.19°~5'S2"W., 33.45 FEET Td THE HEOINNING OF A CURVE CONCAVE TO THE E~18T, N~IVING A RADIUS OF 505.00 FEET; THENCE NORTHERLY AI~NG SAID CURVE TNROUG~I A CENTRAL ANGLE OF 2 6 ° 1$' 00" AN ARC DISTANCE OF ~3Y.81 FEET; THENCE N.0~°42'08"E., 38.65 FEET TO T'HE BEGIHNIN~ OF A N~N~T~iNGENT CURVE CONCAVE TO THE NCRfiH, DIVING A RADIUS OF 500.00 FEET ANO TO WHICH BEGINNING A RADIAL- LINE HEARS 5.13 ° 39' 31"'W. ; THENCE EASTERLY ALONG SAID CURVE THRO~JGH A CENTRAL ANGLE OF 33.15' 23" AN ARC DISTANCE OF Z90. ~~ FEET; THENCE N.70°~4' 0$"E. , 216.09 FF.L~1'; THENCE 5.19'35.'52"E.r 50~.a0 FEET TO THE POINT OF EEGINNING. CQNTAINING 6.56 ACRES. ~~~~;~, .a~ ~'~:' m G . ~RI~i~A~, ~~~~ ~~~ •1'f/1 ~ 1 1 fffff fflfff/If ~ JJ, •i"i • i•~ i~• i•• i i i~•iff +w ~• ~ ~ 1 ~. +N Ate /. 4~ / 1~1IIM~~u~~ ~ % . 1 1W 1 I ,~ff f~If /ff •41.f •f /f~ff~• f~~~ I~/f1/~f Ilff I • ffflffll 111 ~e1i ~ifi i s i1i i iili i ~ If ~ • ~~~,~ • Ii i ~~a ~f~1~f . ~ ~ • *• • df~f w.ss•• • .~.~i ids • y i~ 4i~ ~i ...i• RA~KK ~ 4 ~ ""'.~' ...... •~~•. r ' ~ ••ri//J/r~ AI~RK ~ ~ ~Q. rf ~~ .L ~~~~i[• ~~~ftt~ ~ ~ ~ ~ • ~~ . •1t • ~ ~ ~ ~ ~ ~ ..... ...., , •.:•:;.• ARK ~ ...., ,. .'.': .. `~+ 1 1 i i _ h~i NG AVENUE ' a ~, . ~ ~ ~ 5~3~ ,~ CQt~NTRY CLUB ~, ~ 1 ~:. ~ :.'• ....... ...... ~ PAR'~~ ARK ~ H~. Nth. 3 '~ sr~r ~ NIGH 5~f•!t?l~t v' T3~~ ~xfi~ 30S Z1 ~ ~R ~ i~~i~i~~~~rrr~~i~r'~~rr~~~r i~~~r~,~~~~~~ ~ • f. +~. . . . . . 1 _ ~9~ia ~ ~ ~~ • f • • Ca ~ • ~ ~~ 4A~ ~~~i ~~ ~ f N~ ~ 1 1 1t 1 f :: 1+.~ I r • '// 1 / / ~~~~+ IE • 1 ' f V~ ~~i, ~"`•,. ,~ ~3 ~a v~i;~-i~/~~ :; _ - 1. 1 . ~ ' w 1' ExHi~~T ~~~~ i • • ' . w ~ 1 1 1 • ~~ f ALL THAT PaRTION o~ sEGTlaN ~, T.3aS., R.26E., AND SECTION s, T.3oS., R.27E., ~I.D.M,, CITY t~F BAKERSFIELI3, CUUNTY OF KERN, STATE OF CALiFaRNIA, EEING DESCRIBED AS FC~LL~DIJ~S: CaM~lENCING A7 THE 'NORTHEAST CORNER aF SAID SECTIaN ~; THENCE 5.40°04'S~„W., 1515.60 FEET To A Pca1NT oN THE SaUTHERLY ~aUNDARY~oF THE FEE PARCEL G1~ANTED Ta THE CITY ~F EAKERsFIELD PEt~ CEEa REcaRDED IN BoaK 5045, PAGE 4g8, oFFicIAL RECa~DS ~}F KERN CC~t~NTY, ANQ, THE TREE PaiN7 ~F~ BEGINNING; THENCE ON AND ALONG SAiD SOUTHERLY BOIJNpARY THE Fai.Lt~1~iNG NINE ~9) GaURSES: ~. 1) S.89d~$'27"E., 880.06 FEET; THENCE ' ~) ~ 5.79°3fi'32"E.,144.47 FEET; THENCE 3} N.T7°55'52"~., 77.34 BEET; WHENCE ~ ~ . 4) ~ N.49°48'45`E., 80.32 FEET; THENCE 5} N.48°57'41 "E., 510.72 FEES"; THENCE s) 5.74°~ 4'~9 "E.,135.91 FEES'; 'THENCE ~ i 7} N.80`5i'~ 2"E., x76.72 FEET; THENCE S} 5.~6`37'v3"~., 515.16 FEET; THENCE 9} 5.84°~B'30"E., '~~ 93.1G -FEET; THENCE DEPARTING SAID SOUTHERLY SatlNDARY, s.o5°59'42"E., ~ $4.75 FEET; THENCE 5.45°53'0 "1J1~., 461.66 FEET To THE NORTHEAST caRNER oP PARCEL 3`~OF PARCEL. MAP Na. ~a299 AS FfLED IN PARCEL MAP ~~OK 48 AT PAGE 190 IN THE OFFICE Q~ THE KERN COUNTY RECaRD~R; THENCE . N.89°09'4„till. A~.ONG THE NORTH LINE OF SAID PARCEL 3 A DISTANCE aF 854,00 FEET TO THE NOftTH~IUEST' CoRNE~ of SAiD PAf~CEL ~; THENCE S.'i s°59'S5•w..Ai.~t~~ THE WEST r LINE 0~ SAID PARCEL 3 A pISTANCE t~F X54.98 FEE'T`; THENCE DEPA~tTIN~ SAID WEST LiN~,~ ~V.7a°51'44"ti1tir., 74.1 ~ .FEET; THENCE ss2°~3'2s"tiltir.,~ 43.44 FEET; THENCE Nss°34'13"W., . ' 44.09 ~~ET; THENCE N.62°44'S6`W., 87.69 FEET ~'~ THE EAST l.iNE O~ SAlD SECTiaN ~; . WHENCE CONi'INUiNG N.6z°44~5s"W., 51.00 ~EE~; THENCE N,85°4x'41."W., 50.13 FEET; ' ~ 7HEN~E N.fi6°44'47"llti~., 174.75 FEET; 'THENCE N.58°35'55~UV., ~fi3.63 ~ FEET' YHENCE N.53°15',29"VIt,, X16.39 FEET; THENCE N,51°o~'3a"tiN., 3.27 FEET To ~'HE NORTHERLY RIGHT- O~~WAY OF ~Tt3CKDALE HGHINAY AS DESCRIBES IN 80aK 5003, PAGE 2271, ~3FFECIAL ~~~ORDS aE KE~NyCOUNTY; WHENCE N.SO°33}5~xtilU. ALONG. SAID NaRTHE~LY R1CH`C~o~- 11VAY A DI$TAi~ICE aF fi~5.27 FEET; THENCE DEPARTING SAID NaRTHERLY RICHT~aF-WAY, N.40°52'57"E., 58.27 FEET TO ~'HE PaIN7 t~l" EEGINIVING. ' CONTAif~ING 29.82 ACRES. . ~- ~ ~~ WaD S11R1f EY1ltG - C{YU. FJIGNiG !l~NMNG -1.~t108CAPE AlICEH[ECtt~ 2001WFIEfiANCL RAICRl~O! (SO518&tatst4 • FNC (805} 83t~0972 C:IWIMNOROUFMRiVERPRKpOCWIAR.4.1998 4 ~~~ . ~~ ,Q D. ~~ ~~ ~~ ~~ ~ ~' ' ~ ~ No. 28 04 ~° '~~. ,~~ ~ aF c ~.~~~ .! 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M'IN ~w NN ^w ~~~ .~ ,w~Mw/Miw ~IM~ A~I~1 ~II~01~ ~at~ ~eiuao~~~ a~oo~ ~ aka v~ d E L (:7 v H ~~ ~~3{ (b NUNUNU SC Ji~1~S ~ BEARDSL~~' ATro~uv~YS ~~ ~A~v CANE RIVER II~ALK BUILDING 1000 STOCKDALE HIGHWAY, Sulz~ 3S~ RAKERSFIEI,D, CALIFORNIa 93311 Telephone tb6 t } bb4~29~0 Facsim~e ebb l } b64~~9a4 TClB)~fJ 411~5~1Cat1L~SiCy.WC11 February ~, ~Q~~ 'VIA HAND DELIVERY ~IT'~Y ATTQRNEY' S OFFICE 1501 Truxtun Avenue Bhkersfield, ~A 9331 Attn: Mr, Robert Sherfy, Esq. Re: Rio Vista Park.PrapertX Dear Bab. . Encased is the side letter agreement dated January 23, X001 which has been executed by Bruce Freeman in connection with the above-referenced transaction. Should you have any questions or comments, please do not hesitate to contact me. . very truly yo , ~~.~: M A, nes MAJ:cIs .Enclosures cotbt20010201.O1. d ~~~~ ~~ _..~. ..~.~ ~~ ~~~~i~lAt B A K E R S F I E L D Alan Tandy ~ City Manager January 23, 2001 CASTLE & CaaKE CALIFC~RNIA,INC. 1 Q000 Stockdale Highway, Suite 350 Bakersfield, California 93311 Attn: Mr. Bruce f=reeman Re; Agreement No. 96-81 {1 } Improvements to 30 Acre Park Dear Bruce: CJn May 6,1996, the City of Bakersfield {"City"}and Castle ~ Cooke California, lnc. {"Cos#le & Cooke"}entered into Agreement Na. 96w81{1 } providing far, among atherthings, a land exchange whereby the City ultimately acquired from Castle & Cooke the 3Q acre park sits which is located north of the intersection of Stockdale Highway and Buena Vista Road {the ~3~ Acre Park Site"}. It was the intent of the City and Castle & Cooke in entering in#v Agreement N4.96-$1{1 }that the 36 Acre Park Site be improved in such a manner as to materially. benefit the citizens of the City as well as Castle .& Coake's adjoining commercial property by creating a beautiful viewshed and protecting access to the Kern River from the commercial property. This intent is expressed both in the recitals and in Section 15,2 of Agreement Na. 9G-61 { 1 }. In furtherance of this intent, pursuant to the terms and conditions o~ Agreement No. 96-8~ {1 }, forthe valuable consideration exchanged under that agreement, City and Castle ~oake hereby agree as follows: 1. City shall cons#ruct on the 3U Acre Park Site two {2}.lakes,. one ~ 1 } of which shall be approximately three ~3} acres in size and located generally in the southwest portion of the 30 Acre Park Site and the other which shall be approximately two ~2}acres in size end looted generally in the r~orkheast area of the 30 Acre Park Site next to Castle & Cooke's planned commercial area. City further agrees that said lakes shall be developed in substantial conformity with the Preliminary Master plan for Rio Vista Park which is attached hereto as Exhibit "A" the "Park Plan"}. In the event of ~a proposal. by either party for a substantial change in the Park Plan, the parties shall meet and confer usEng their best efforts to achieve a mutually acceptable revision to the Park Plan, provided, however, that City shall have no obligation to change the placement of either of the. two ~2} lakes herein referenced based upon any revision by Castle & Cooke of its current conceptual plan for the adjacent commercial development. The lake edges may be cons#~ucted of sand and walking paths around the lake are to be constructed of crushed granite or similar material. ~~~ City of Bakersfield • City Manager's office • 1501 Truxtun Avenue ,~ ~ `" Bakersfield • California • X3301 ~ ~ {805} 3~~-37~ 1 • Fax (8~5} 324-~ $5p ~~~~~t Bruce Freeman CASTLE $ COOKE CALIFORNIA, INC. January 2~, 2001 Page 2 2. City agrees #hat the 3g Acre Park Si#e is designed for passive uses such as, but not lir~ited to, picnicking, open space, enjoyment of the lakes to be created hereon and of the natural environment, a possible amphitheater, and fishing, and that said 3g Acre Park Site is not intended to be developed for active recreational programming such as skateboarding, batting cages or.little league ballparks. Any change in City's .passive use desigr~~for the 3~ Acre Park Site shall be deemed a "substantial change" as contemplated in Section 1 above, 31 City agrees that it shall use its best efforts to provide a year round water supply ,for the two ~2} lakes which are to be constructed an the 3Q Acre park Site as cor~terr~piated in Sections ~ and 2 above. 4. The City plans to construct a bike pathlpedestrian bridge over the Kern River at the current location of the Bellevue Weir to link the 34 Acre Park Site with a proposed 4~ acre recharge~recreatian facili#y located across the Kem River. This agreementwhen executed bythe duly authorized undersigned representatives shall. b~ considered a part of Agreement ~6-~1 ~1 } as if originally set forth therein and shall be binding on the parties ire a~cardance with the terms theraaf. This agreement shall be effective upon yourexecution and return to my office ofone ~1 } original a~ this agreerent. CITY CAF 6 itERSFIEt.D ~~ By; ALAN TAIVDY City Manager AGREEC TU AND ACCEPTED on thi „_„~, day of , 2~ , by the undersigned on behalf of Castle & Cooke Calif+~rn~a, Inc. ~y~ ~ UCE F EMAN, President C TLE t~OKE ~ ~~~ As ~ c ,~ AT;BJT;RMS:dIr ~,~ ~ ~ r S;IPARKS1AgrslCastle~Caoke30AcreParkLtrAgrFnf,wpd ~ ~ ~..~ ~:~~~a1~At, Castle & Cooke CALIFORNIA, INC. Stephan J. DeBranch Director of Engineering March 31,1999 Marian P. Shaw City of Eakersfieid Public Works Department 1 SOl Truxtun Avenue Bakers~.eld, CA 93 3 01 Subject: Inclusion of Parcel Map No.10617and Lot Line Adjustment No. P98-077 in a Maintenance District Dear Ms. Shaw: We, the undersigned, as owners of the property included within Parcel Map No.10~ 17 and Lot Line Adjustment No. P98-0?76, hereby request that the property be included within the Consolidated Maintenance District. This request is pursuant to the requirements of Municipal Code Section 13.04, 021. Fees have begin paid through Tract Na. 593. Further, our engineer has supplied you with a disk copy of the Maps for your use. We also waive our right to any and all hearings (whether pursuaant to the gown Act, Proposition 218, its enabling legislation, the Bakersfield Municipal Code, or any other law} concerning the formation of or inclusion in a maintenance district. We further waive all rights under Proposition 218 to formally vote for these assessments and, by signing this letter, indicate our consent to the assessments. Please contact Roger McIntosh at 834-4814 if you have any questions. Sincer ,~' tephan . eBran Director of Engineering SJD/crn Enc. 10000 ~~u~ga~~1~r~ P.O. Box 11165 • Bakersfield, CA 93389-1165 • (661) 664-6503 • Fax (661) 664-6042 c~~ a r ae P ~,rrs. .< 5 r. o.~xhu:x5 CRrS. gaA ni .. . VS~'IN_.T~~TATfV~__PAR.._A_ a._22 ,', ~, QP~P ~=~F~•~ ', E';iv"a A 1, 41 Itlti CE A R:~4:T)+! -0' : E ~ ?;4+~~T !TJA%RR h ~, lU't .il.. ! 'in1 s ~,~ • •• • ~~• ._.-~- !"~ ,~w,n _ T.19 i f .2.1f. , h~.l:ils...^,il^~ ;iF ~K f S. IE.,.!• ~1l ~~1 .=':i11~G 4 r I~`i of ~i, Pfi.>'C£L AI.4? Ph^:..~ 259 R~~4P.OEL1 A;1G.u 15, 195; IF. Ery'k rr0, i C~ !, ~''" ' ~,~,. ._ -." iQUA'fl' µ Kf•.t?tr ii8.:) ;rCRES SIA?E' ~ C:tu=ini!@iA d 1 ~ • c ~ rru: 4U~x ! i. CChT),;'tI;JG 1U ?A"%[L_ 1s.~.Y .a:..• .udlns!:f;ECC Ct*xa4 P11 r~;yGa 'm'' ~ ~ N'>' 1 ' . ~ ~. ~C i ~ ~ ............._ _..... 459'::13'[ ~ '~6 ~~ ' Y 4 .__ ............__ ........ ~. . r, , n r ' t 5 ~';'ti......;~" . s; Pi NYC srci-rrn;;~~ :~n'e :~ _ ...a-.__ a>a ~ .wsr ,m.~:fa / Yqi'.~ /, r ~i ~ 206164,E ,, .. .~ I ~~ f ~d"1~~ ~ y~ r E~ :~i / ~ "/. .. ? «s ~~ .,, Nk~, :~'~ qs a a., in~o~ xs s bN4 fRY WY31 I &iC ~Qf'' q. ,~xp~ i.+Ei K ~®~ GvCGi ~g ~ i 4 ~~~. / ~/ ,~ i~® .~,• ~ t"` / i i 4a ',i ~,v~ m ~ // r^®~ ~ f i ~'~r r y/ F®~ / `/ i~ `, '@~i~'4.`t. ~r ."~(~i~• ~~• ~' z.~ ~'• tk C~ ~ rA_iFvf?^;iH. LA't<:=RSV iLL~i 1 I j{!{!{ i NORTH a• .m a :m..........._«:c 39 0 ~i~ ~ F ~ ~ g q I'~ ~ Y . ~ 1,,) ! ~ ~ ~~ ., ~;a~ ", ,a ~,; ,., . ., .. F'I' , ~ l~J 1; .~ Or~~ ICE t;r l:r~l~ CITY l,~_h;'r, 1"r,15 ...__ ................._ Uhl` F i_~U Fur? L-,.:U~ ~ iiJ .................._ ...... ~~ ~ ,.J~ .....__..__................................................ ter s;~ ~q A,T _ _ .h,?.. Ih! ~.ir '~ BUi)K ~ ~.r .`:iShJ~.f I.)•.:•1'f?I.,fS ;i; P•,u~. •------ IN T rf:~ ~~~!;t Of' 'fH~: ~,ul1NT( I?E_COf?C--~'? OI= I>'1L COl1NTY t).` KE.:?N, ST;~,i'c of (':1l_I~U!??JiA. (;ITY `;i..F..=tK f;F THE CITY Or BAK~:f2`.~F'IE:I_~;, 4; li.f..l~~;:•fi~!Isi ,;~,'`J'F~ 'Y!~'. MA~'..FS GQI;P~~fY ASST::`,.1501?•-•f?_i''lif?i.%f::(i f3Y Ch'ilc.- ~LriiTY RLCJ?L~'f? ,~i~ A~>~~::.~a:,P%-N t!t'A~ l'-1'ifC~ f3Y T-iE- ;;ITY' C'7i~Ci..:` '.!-{:. i..•,. i::, U".;Hii!r'dit ~;;f~l TNiti r''.5~)=S`i1;,i"VT f;i;,i.;=;AM. f'`~..G.S ;iNU ('i.~C~!_5 (~ L.%"iN I : ..;il;) i1; ~.1',`..,:1~`i4~r.!\i i''•!\Ci I.. C.'v'r l) C)!~i YIN F. !i£iY •~ •, ~..~ ,,~'~- •~ ,~:~- :~ 1„i ~ al:., r„~,.,.:.55P1....1: OIAt:,', AfvD f•; . r ' >,~ ._ e,~f:i) liv .I..{E:. ()FF'ICf:: Of~. .I-iE. ~'U. ~ ' (.,:~PA,f,Thf:i~^i' '~'f' 'Uk)L.II. 'r'YQI:iKc _ ........ ..................................... '......._...I........... ..~. ,,, - HF. 'a`~~F.:;,~,d~h1T RO.i.. 'r~'F..R. REi:ORf:~F. I~ TfNF.. 0=~(;_ ~,:,F THr. ,......... ... ,I ''..lij ..____.._ ............. LAY uf' __............................... 1 .........................._----. ........ a i)F'F;~,n Ih>-'E:'~ c • f'UBi..iG t,'~..,K.., t,r Sr,,L .': it uP~ `F!F. ~;, Of 19_. f?(::!=[~I?(~'~;;E. IS F~!A.[)[: "0 ihif:: ........................... . A55L55~1EIV'( ?C}LL F~t~O~Jf?D.`>_U 1fV T>~i~ ~>>..1=1CL Of 1'?•I~ [1~'~r,i?T:"v1i~NT Of~ i)I?Eti'~Uf? Of° F'i~?LIO il~r'Uf2lCS :: cur r•:~ r- ,,`~J ~, '.. ,.,::` A,Sc ~:'Si,{ I~ ~~ =l L3~10 i1r01~ .,.; F',), .i EXA.O'f A: ~ U.J ,` i); L.~ . E., :,,Eh~ f' ~~.~~:; 3A~Ff?.`iFl~.l..f.1, C;~.!F;?RPllra CC { , /' 7A,iiY,:I C.. {i~i i i' Gl.^l.f.... t.;:' i..%,1~i.; l:. )•'1~4iV 1. i~ ii'.'I..) n r~ E!AKE!~S^iEI..U, r";I..li^UI;~IA. ~ ~ i-ILE: Ulv'~UJuf•iU _I•iE=T ' o` . ~- l~~s Castle & Cooke COMMERCIAL-CA, INC. April 13, 1998 Raul Rojas Public Works Department 1501 Truxtun Avenue Bakersfield, CA 93301 ATTENTION: MARION SHAW RE.~ Vesting Tentative Parcel Map No. 10522 Dear Mr. Rojas: In accordance with Bakersfield Municipal Code Chapter 13.04. I, Tak Fujii, as representative of property located within proposed Tentative Parcel Map No. 10299, hereby request the formation of a new maintenance district or inclusion into an existing maintenance district for the property to be subdivided. Enclosed is a check in the amount of $1,409 to cover the costs of processing related to district formation or inclusion. Also, our Engineer has prepared the enclosed disc copy of the above-mentioned subdivision for your use. As sole owner of the property involved in this request, I hereby waive the public hearing portion of this district formation or inclusion into an existing maintenance district. Please contact Roger McIntosh at 834-4814 if you have any questions. u~cere , ~...~. Tak Fujii Vice President of Construction 10000 Ming Avenue (93311) ~ P.O. Box 11165 ~ Bakersfield, CA 93389.1165 ~ (805) 664.6500 ~ FAX (805) 664.6199 EXHIBIT "E" ASSESSMENT ROLL MAINTENANCE DISTRICT AREA 1-15 FISCAL YEAR 1998 --1999 Assessment Parcel No. Total amount to as shown on Map be collected for Exhibit "B" FY 1998-99 390-011-03-00 $0.00 390-011-04-00 $0.00 390-011-05-00 $0.00 390-012-02-00 $0.00 390-012-30-00 $0.00 390-012-31-00 ~ $0.00 390-012-32-00 $0.00 Total $0.00 Date: City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield S:IMAINDISTIEXHIBITEIMD1-15E.WB3 EXHIBIT "E" Page 1 ~. 03-06-3$ 10:11~I~ ~ROI~ ~~RRTI~-N(cI~iTOSH~ A~'~t' ~ y~~W/. ~"~ .~~ AND 1UPNEtlINO • CIVIL tlIGIM~~gINp r'AX TRANSMITTAL CpVER SHEET TELBPI~(JNE: i 4 ~ ' ~ ' ` (845} 834 481 DATE ~ (S~5} 834-412 P01 M~ARTZN-M~INTOSH PRO]E~T NO. ~._ 1~ T0, ,_.~ COMPANY; • 1~= FROM, ~., CONIlI~ENTS: -- __.__ _, ~ ~'' TO'~,',~, PACES ~E~T inclu~din cover shat THE ORI~IN~ WILL EE M~I~ED TC YOU FOLLO~INt~ T~~S F~'~, _TI-~ ORDINAL Vt~ILL NOT EE MAILED '~'O YOU, Please call im~ediatel~- if copy is illegible or incomplete, 2001 ~1H~El,AN COt1AT ~ ~AKE~S~IEi.~, CA X3309 ~ 8G51$34-4$14 ~~-Q6-3$ 10,11~~I FROM ~NiARTI~-NlcINTOSH~ '~D fib 0~1~ ,!- , `~ ~!"~I t , i r r,- +r..k w ~ ~~ t f~}~~il~~~~ ~ ~ ~I4i1 ~'+#'Mf'tlT~AYlRff ~ '~ rl+j~' 9Jr ~~? ~l'171~ 1al r e w ~~ o i .~ ~~ ~ ~ ~. r:. ~ ~ P0~ e~~ ~ rie~~ew o t~+r~i ~~ ~,~~ '~~a~o1~l~~ a~°0~ ~ ~11~$a L i ~~ ~~~ # ~~=i~ i ~ ~ ~~~~ ~ ~ ~~~~ ~ ~ ~ ~a;~ ~ ~ ~ ~~ ~ i$Q;i ~ '~~ i ~ ~~ ~ b #~ ~~ ~ ~~ ~ ~ , ~ ~ ~~~ ~ :~~~~ , ~~ ~g~ ~ ~ ~ ~ ~, ti~ •**~ ~~~ . ~ ~ ~ ~3 ,~S ~~ ~ ~ ~ ~ ~ ,, ~~~ ~ ~ ,,~ ~y ! i ~ j ~ i) ty ~ ~~~ ~ ~ i~~t 1 ~ , I I i ~~~~ ~ ,t# ,_ ~ r , r. , ' ~ s ~ ~s ~ ~ ; ~ v ~ 4 ~ ~ A ~' 1i~ ~- ~~- ~ .a ~~ ~ ~ t ~ ~ 'S~ .-' ~ ~ jam... ,~ ~~ 1 r~ , 1 ~~ ~ ~• ~ ~~ ~~~ ~ ~ , . ~ ~ ~ ~ a ~~ ~ ~~ ~ 7i1~ ~+ ~1 ~ ~~ l~w~ ' ~~ ~ ~ ~~ ~ ~ ~ ~~ ~ j ~ ~.c~ ~ t ~ '~ ~l ' + 7 , ,: , ~ ~- g ~ +, ,~ i ~ r ~' f ~' ~ r,r ~ ~ E~ ~ t~ ,1 , + ~ ~ "! ~ ~ ~ I y ' ~ it f ~ ~ ~,~~ ~ ~ ., t ~. i sk~ ~ , ~ ~ ! ~~~ ~ a 1 t ~ ~ ~ ~ M ' 14. 1 ~ '~i ~1 i~f~~asil~ii~~l~~~ # S ~~~ ~ ~~ a ~~! ~ `: ~ ! 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C,..~' ~V~f d r,. ~ ~3 - --- ----- -*-- I ~ ,~` ~ > ~~ ~`~~' r ~ ~ ~~ i. _--__ ~„ ___.._ . _ _ -- _ -- ~ ---- y ~ ------- 5:~ -,__~ r. ~~ ~ ~~ __-_ t _. ___.___ ___ J.~/f 1.. r; ~:; L ' 1 --~__ _~____. _..__. __._ __ e ., __...~~_._..._. _. ..._. .~~_ ' ~ ' _, Y `~~y 1 a _ . .j__..._ .__.. _..._ .. _ fa __V. _.___ ~~+'~ 1' ~~ '~3 ~~p v ~y -~~ -r__`.__ ~ __. ~ M" "'"°4~s```~ ~ ~ Ya~ t"' ~°'~ ~' __,_~___~,.+0 Sv._: ~ a+' ~ iii` v~ :~ ~ ~ > „'".,• ,/~ ~ i ~~ ~` ~ 'b YL.re"~' ~'" hKE ~'~ L*A 6~`-'mom ... ~` __ _ _ a ` ~ 1 / ~ ~ ~ ~ ~~ ;; _____ ~,~,~:- ! o. ------ - -- -- -----__ _~ ___---- . ., - ---- - - - - -- --_ __ _ r -- _V_ ______ ~.__` '/ r~( v ~~ ~ ~~ ~ ~ ~/ r ~~ ~ n r - -. _ . F ~ , . . i -.~ ~ r .~_._.~_..._~.___-~_._._.~..~ °°~~Ybb . 4 ~~ p ~ e~ ~, -_~.r~_______,,.___ _.....__~_~~___-_,..___ ~.~._.__~._._,_ ~ ~ ~ ~~r ~ f .tY I ~ ~~ ~ ~, _, . ~ ~ ~` ~ ~ n _._..-___-_ ---..;~_ 4 i _ _ __ .~ ~ ~ t R~~~ ~3 ,~, ~ ~E _ ~~ ~ ~~ ~~ y ~ ~ ~ i ~----- -- ---- ----- __-------- `'~ ~~~~ 1 ,,.' ., ., ~:~ ~~ - --- ~1. ~~ ~~ `~ r 1 -~. d# l ~' _ 1 P ~' ~ ~ A ~ ~ ~ yY ~ ~ ~ ~~ ~ Recording requested by and for the benefit of the City of Bakersfield. when recorded mail to: City of Bakersfield City Clerk's Office 1501 Truxtun Avenue Bakersfield, CA 93301 THIS SPACE FOR RECORDER' S USE ONLY Parcel No. 10299 Parcels 1 through 4 COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT THIS COVENANT is executed on this day of , 199_, by Castle & Cooke California. Inc., a California Corporation. (hereinafter, "Owner"), in connection with the Consolidated Maintenance District, located in the City of Bakersfield, California. The real property herein described is located within Street Tier 1 of the Consolidated Maintenance District, 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 based on full buildout of this district, is $100.00 per single family dwelling, based on 1998 dollars and labor costs of the district. This covenant may not be amended or modified without the prior approval of the City of Bakersfield. This covenant shall run with the land. Dated this day of ,199 Owner(s)/Developer(s): City of Bakersfield: Castle & Cooke California, Inc., a California Corporation Raul M. Rojas Public Works Director NOTE: All owner(s)/developer(s) signatures must be notarized. S:IPROJIMDICOVIST EXHIBIT "D" MAINTENANCE DISTRICT AREA 1-15 Said assessment is made in accordance with the benefit formula attached hereto. 1998 -1999 BUDGET Gross Budget Amount Required $0.00 (City Staff Services or Contract, Supplies, Materials and Utilities) Estimated Beginning Fund Balancel~Deficit) $0.00 Less: City Contributions $0.00 NET AMOUNT TO BE ASSESSED $0.00 S:IPROJECTSIMAINDISTIEXHIBITDIMD1-15D.W62 EXHIBIT "D" ~ ~' E o = ~3'5~,0~>, 7ISi~iCT I30U?~<C~~P,Y,, ~ ,V ~ - 5~,7~rr r t~ .' r l ~ ~ E= U 2. ~'.Ff t U ~t VTR T l~ , ~ ~ ~ ~ ~ v ~:. ~ #..~ _ _. _.._ ~ .~~~ ~~ . , ,, ~, r ~~~,, ~,~ -ter ••- NORTH LINE OF SECTION fi <<~,;''.-~. ^~ . ~, py„ ~ 1(3 Y.. I `r°~,,-•-~~ ~= _.....__ S 89'11'03" E ,/,~;~~ -' Y OC143 2W ;..,,_........... M W a'. ~ORNER~SEC~ION 6 ~07~~'»_._..~.~..._._._.._._._.~....~.._.._._.r... ;. _..,...~.. _ .:- ,~ ~ ~~..~.~.~ IN PIPE 1(13E7 ~RAJJ f~ i.~ -r: * t `.... µ ° g~~+...~"... . ». _. ..__ r ........_. .. tARKEQ ~'OR CORNER t ~' ~ ,°• ' ~,' ~~ ~» ,,~..___ ...~__.._.._..__.._.._.._.._.._.._...,r; 45`54'39" t ~,.~ .-ate -/~ ^' ~ ~ ,. I~R....~EC.~ 'C'agpg~ „ r ~ ~ -(-~SG~~;- J~ ~° ' ~ ....-"' .~yy~~,~.p. ~ K.C. , flN~(C. MON. R6NJV~~A~H~~E ~Ofi.(j7 ,~ ~ ~s~:~~~ _N~s g ~f~ " _~~.r' _ _,-- '~ / ~,~.--°~'~.,.~--~:..~ .,- ~~;~ ~! ~ i , hh cT>4 ~i ~~o~ t~/~v fL~~r~ ._... ~~~28'S2'4" ,/ ./"•,y'. ..»°'°"~" ' t r^~'~O I ~ i H 1 ~~ ~1Vf V:_f~\Ji`t`V ~C~'~2"~ ~ l~2 3L8 1fl5 -' `, ~~"Y'\ f ~3AK~:r~S~':~LD L=556 97 X ~'' ~' ~~.~, ~ ~ ~~ ~ ~ ~~~~p~~ Q ~ ~ ~ ~~~' LINE DIRECTION ~ DISTANCE •% ~ .r L2 S84°Q6'30aE I 93.07' » ~ r 8 :: 72'2g' ~~ ~ ..,- ,,~~ ~,~- , L3 S134'O6`30uE ! 44.33' CAP J "~ ~R Q ~~ VAST I BRASS FILED IN THE OFf1CE OF THE CITY CLERK TINS DAY OF 19..... CITY CLERK OF THE CITY OF BAKERSFIELD, CALIFORNIA l5 N61'54'45'°E ~ 199.93° L6 N70"27'16>,E i 5.32' L7 N70"27'16"E i 61.64' L$ N84`00'SBuE 88.08' L9 NOt'48'23"W i 104.66' L10 ~ S82°00'04"E i 156.84' FILED FOR RECORD THIS DAY OF 19,_.., Al' ,,...~M., IN BOOK (~' ASSESSMENT DISTRICTS AT PAGE ~,, fN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY (~ KERN, STATE OF CAL1Ft~tNIA. COUNTY ASSESSOR-RECORDER AN ASSESSMENT WAS LEVIED BY THE (QTY COUNCIL ON THE LOTS, PIECES AND PARCELS OF LAND SHOWN ON THIS ASSESSMENT DIAGRAM. SAID ASSESSMENT WAS LEVIED ON THE DAY OF . t9,.,,,; SAID ASSESSMENT f.~AGRAM AND THE ASSESSMENT RQLL WI=RE RECORDED IN THE OFFICE OF THE DEPARTMENT OF PU@UC WORKS flF SAID CITY ON THE ~,,, DAY OF 19_. REFERENCE IS MADE TO THE ASSESSMENT R(~.L RECORDED IN THE OFFICE OF THE DEPARTMENT OF PUBLIC WORKS FOR THE EXACT AMOUNT OF EACH ASSESSMENT LEVIED AGAfNST EACH PARCEL Of LAND SHOWN 4N THIS ASSESSMENT DIAGRAM. CITY CLERK OF THE CITY OF BAKERSFIELD, CALIFORNIA BY CHIEF DEPUTY RECORDER RECORDED IN THE OFFICE OF THE DEPARTMENT OF PUBLIC WORKS THIS DAY OF t9__,. DIRECTt~2 OF PUBLIC WORKS BAKERSFIELD, CALIFORNIA ri ~ FILE: F'M10521 SHEET i o` 1 EXHIBIT "D" MAINTENANCE DISTRICT AREA 1-15 Said assessment is made in accordance with the benefit formula attached hereto. 1998 -1999 BUDGET Gross Budget Amount Required $0.00 (City Staff Services or Contract, Supplies, Materials and Utilities) Estimated Beginning Fund Balancel(Deficit} $0.00 Less: City Contributions ~o.oo NET AMOUNT TO BE ASSESSED $0.00 S:IPROJECTSIMAINDISTIEXHIBITDIMD1-15D.WB2 EXHIBIT "D" ~,`" ,~:, ROAD EA.S~!~ENT (STOCRDALE HIGHWAY} ~ooK6003 Pacr2275 , A STRIP OF LAND, ONE HUNDRED AND TEN (110} FEET ~1N WIDTH, IN SECTION 1, TOWNSHIP 30 SOUTH, RANGE Z6 EAST, SECTION 5, 6, TOWNSHIP 30 SOUTH, RANGE 27 EAST, M.D.M., WHOSE CENTERLINE IS DESCRIBED AS FOLLOWS-;. COMMENCING AT THE EAST QUARTER CORNER OF SECTION 1; THENCE NORTH 00 DEGREES 50' 50" EAST, ON AND ALONG THE EAST -LINE OF THE NORTHEAST QUARTER OF SECTION 1, A DISTANCE OF 1396.14 FEET; THENCE NORTH 89 DEGREES 09' 10" WEST, 1030.53 FEET, TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF THE KERN RIVER, SAID POTNT ALSO BEING THE TRUE POINT OF BEGIIITNING; THENCE SOUTH 50 DEGREES 34' 23" EAST, 617.26 FEET, TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 2000.00 FEET; THENCE EASTERLY, ON AND ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 82 DEGREES 41' 03", AN ARC DISTANCE OF 2886.22 FEET; THENCE NORTH 46 DEGREES 44' 35" EAST, 928.07 FEET, TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1105.,00 FEET; THENCE EASTERLY, ON AND ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 2$ DEGREES 52' 46", AN ARC DISTANCE OF 556.97 FEET; THENCE. NORTH 75 DEGREES 37' 21" EAST, 2109.64 FEET, TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE SOUTH, HAVING A RADIUS OF 2000.00 FEET; THENCE EAST, ON AND ALONG SAID~CURVE THROUGH A CENTRAL ANGLE OF 15 DEGREES 18' 00", AN ARC DISTANCE OF 534.07 FEET. END OF DESCRIPTION. LEGAL DESCRIPTION Area 1-15 A parcel of land situated in the City of Bakersfield, County of Kern, State of California, being portions of Sectior~31-~~~, T 29 S, R 27 E, and Section 6, T 30 S, R 27 E, M. D. B. & M., and more particularly described as follows: Commencing at the northwest corner of said Section 6, thence South 00° 50' 19" West, a distance of 1118.13 Feet and the TRUE POINT OF BEGINNING; THENCE (1) North 48 ° 57' 41" East, a distance of 511.29 feet; THENCE (2) South 74 ° 14' 21" East, a distance of 135.91 feet; THENCE (3) North 80 ° 51' 12" East, a distance of 376.72 feet; THENCE (4) South 86° 37' S3" East, a distance of 575.16 feet; THENCE (5) South 84° 06' 30" East, a distance of 137.40 feet; THENCE (6) North 84° 00' S8" East, a distance of 88.08 feet; ~ I ~~~~ o i tt G... ~ ~. Z THENCE (7) North O1 4S 23 wcst, a distancc of 104.66 fcct, 3~2~ ~l °~, C THENCE (8) North 86 35 21 East, a distance of 841.66 feet; `~~ ~ 4 THENCE (9) North. 61 ° 54' 45" East, a distance of feet, to a point on the centerline of Calloway Drive; THENCE (10) continuing North 61° 54' 45" East, a distance of 528.29 feet; THENCE (11) North 82° 53' S8" East, a distance of 1262.05 feet, to a point on the east line of said Section 31; THENCE (12) South 00 ° 43' 28" U~est, along said east line, a distance of 474.30 feet, more or less, to a point on the centerline of Stockdale Highway, being anon-tangent curve with a radius of 1800.00, concave southeasterly, which radial bears North ... ~° 5 09 as ; THENCE along the centerline of Stockdale Highway the following 8 courses: THENCE (13) Southwesterly along said curve and centerline of Stockdale Highway through a central angle of 19 ° 18' 29", an arc distance of 606.79 feet; THENCE (14) South 70° 22' 30" West, a distance of 905.43 feet, to a point on the centerline of Calloway Drive; THENCE (15) South 70° 22' 33" West, a distance of 159.83 feet, to the beginning of a tangent curve with a radius of 2,000.00 feet, concave northwesterly; THENCE (16) Southwesterly along said curve through a central angle of OS° 14' 20", an arc distance of 182.87 feet; THENCE (17) South 75 ° 36' S3" West, a distance of 333.47 feet, to the beginning of a tangent curve with a radius of 1,105.00 feet concave southeasterly; THENCE (18) Southwesterly along said curve through a central angle of 28 ° 52' 46", an arc distance of 556.97 feet; THENCE (19) South 46 ° 44' 07" West, a distance. of 928.07 feet, to the beginning of a tangent curve with a radius of 2,000.00 feet, concave north THENCE (20) Westerly along said curve, through a central angle of 59 ° 17' S2", an. arc distance of 2,069.88 feet, to a point on the west line of said Section 6; THENCE (21) North 00° 50' 18"East, along said west line, a distance of 835.88 feet, to the TRUE POINT OF BEGINNING...., EXHIBIT "A" SIPROJINIDILEGALS1Legal l-1 S ~ aAK~~ ~~ `~~~440RAf~o ~~ ~1 ,~ ~'~ L U t7 J"~U4 ~'~~1~FOR~~~ MEETING DATE: April 14,1999 AGENDA SECTION: Consent Calendar ITEM: T0: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: March 26,1999 CITY ATTORNEY CITY MANAGER SUBJECT: Resolution of Intention No. 1187 declaring the City's intention to add territory (Area 1-15, Stockdale, Calloway) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 4) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: A written request has been received by the City Engineer from the subdivider of Parcel Map No.10299 and Parcels A and B of Certificate of Compliance for Lot Line Adjustment No. P98-0776, recorded in book 6952, page 2024 0. R., to form a maintenance district or to be included into an existing maintenance district as required by section 13.04.021 of the Municipal Code. This district will provide for the maintenance of public street and median landscaping. Staff recommends the addition of territory (Area 1-15, Stockdale, Calloway) generally bounded by the Kern River on the north, the east line of Section 31 on the east, Stockdale Highway on the south and the northerly prolongation of Buena Vista Road on the west, to the Consolidated Maintenance District. This area will be under the streetscape/median zone of benefit and when street and median landscaping has been installed, assessed an amount for street tier 1. Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City Council meeting. The City of Bakersfield has received a letter from the owners of the property described in Parcel Map No. 10299 and Parcels A and B of Certification of Correction for Lot Line Adjustment No. P98-0776, which waives the public hearing concerning the formation of and assessments for a maintenance district. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdividerldeveloper to be recorded with the Parcel Map and Certification of Correction. A copy of this covenant is attached for reference. (Jas) March 29,1999, 9:46AM S:IPROJECTSIMAINDISTIADMINRPTImd1-15roi99.wpd EXHIBIT "D" MAINTENANCE DISTRICT AREA 1-15 Said assessment is made in accordance with the benefit formula attached hereto. 1998 -1999 BUDGET Gross Budget Amount Required $0.00 (City Staff Services or Contract, Supplies, Materials and Utilities) Estimated Beginning Fund Balance/(Deficit) $0.00 Less: City Contributions ~o.oo NET AMOUNT TO BE ASSESSED $0.00 S:IPROJECTSIMAINDISTIEXHIBITDIMD1-15D.W62 EXHIBIT "D" ~ ~AK~k 0 `~caaQOxAr~a cS~~ ~, ~ ~{ i.y U ~ ~~~~ ~~~IFOR~~~ ;~ ~ ~ ~ '~y ~~ ~YCy ~r~ ~F MEETING DATE: April 14, 1999 AGENDA SECTION: Consent Calendar ITEM: T0: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: March 26,1999 CITY MANAGER SUBJECT: Resolution of Intention No. 1187 declaring the City's intention to add territory (Area 1-15, Stockdale, Calloway) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 4) RECOMMENDATION: Staff recommends adoption of the Resolution. ~4~ ~~: BACKGROUND: A written request has been received by the City Engineer from the s ' ider of Parcel Map No.10299 and Parcels A, B and C of Certificate of Compliance for Lot Line Adjustment No. P98-0776, recorded in book 6952, page 2024 O.R., to form a maintenance district or to ,be included into an existing maintenance district as required by section 13.04.021 of the Municipal Code. This district will provide for the maintenance of public street and median landscaping. Staff recommends the addition of territory (Area 1-15, ~°~~ Stockdale, Calloway} generally bounded by the Kern River on the north, ~ I~~ i jvon the east, Stockdale Highway on the south and the northerly prolongation of Buena Vista Road on the west, to the Consolidated Maintenance District. This area will be under the streetscape/median zone of benefit and when street and median landscaping has been installed, assessed an amount for street tier 1, Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City Council meeting. The City of Bakersfield has received a letter from the owners of the property described in Parcel Map No. 10299 and Parcels A, B and C of Certification of Correction for Lot Line Adjustment No. P98-0776, which waives the public hearing concerning the formation of and assessments for a maintenance district. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdividerldeveloper to be recorded with the Parcel Map and Certification of Correction. A copy of this covenant is attached for reference. APPROVED DEPARTMENT HEAD CITY ATTORNEY (Jas) March 26,1999, 2:07PM S:IPROJECTSIMAINDISTIADMINRPT1md1-15roi99.wpd I ~ f,~~~P ,~~~ ASST SS~i~.l,, t DIAG~ ~,~1 ~ ~~ ~ ~~ ~~ I ~ ~ O i '~,i G i~~~ ~ i v ~,, ,. I % , ~ r- _ ~ ~~.G V~ a . ~ L.. . ~ ~.. I ~.. _ ; GG~f~O~.l~;=!,I~D ~AI~IT~~JA~1GE DIS~~~IC~ B AKE R~ FIE LD G ALIF~ R~IA ~ -~ ~~~ ~ ~ ~- ~,~' 6 ~ ~ 1 /!^~ ~ r NOT TO SCALE ~~~~ r ~- C""~ . O ~ DISTRICT 30UNDARY y-4 _ _., ~RIV~R ~ ~~ ~Z.• t NORTH LINE OF SECTION 6 ' S 89'11'03" E ~N~'N. CORNER SECTION 6 307 ._._._._._._._._._._._._._._ 2 IRON PIPE WITH BRASS CAP LARKED FOR CORNER ~ ' V W! RN ~ I ~ ~' ~ ~ ~~~. ., MI 74,14,21„W ____5863521, _..%cy __ o ~~•~. ~SgO'51 L2L3L8 z ,r _ l~l' ~~ ~~ O~ LINE DIRECTION DISTANCE L2 S84'06'30"E 93.07' L3 S84'06'30"E 44.33' L5 N61'S4'45"E 199.93' l6 N70'27'16"E 5.32' L7 N70'27'16"E 61.64' ' L8 N84'00'S8"E 88.08' L9 N01'48'23"W 104.66' L10 S82'00'04"E 156.84' FlLED IN THE OFFCE OF THE CITY CLERK THIS _,_, DAY OF 19,_. CITY CLERK OF T1iE CITY OF BAKERSFIELD, CALIFORNIA AN ASSESSMENT WAS LEVIED BY THE CI1Y COUNCIL ON THE LOTS, PIECES AND PARCELS OF LAND SHOWN ON THIS ASSESSMENT DIAGRAM. SAID ASSESSMENT WAS LEVIED ON THE _____ OAY OF 19,,.,; SAID ASSESSMENT DIAGRAM AND THE ASSESSMENT ROLL WERE RECORDED IN THE OFFICE OF THE DEPARTMENT OF PUBLIC WORKS OF SAID CITY ON THE DAY OF . 19,,,,. REFERENCE IS MADE TO THE ASSE55MENt ROIL RECORDED IN THE OFFICE OF THE DEPARTMENT OF PUBLIC WORKS FOR THE EXACT AMOUNT OF EACH ASSESSMENT LEVIED AGAINST EACH PARCEL OF LANG SHOWN ON THIS ASSESSMENT DIAGRAM. CITY CLERK OF. THE CITY OF BAKERSFlELD, CALIFORNIA ~-~ o .. Np M~M et aj o ~- .~ o ~ 3 E, Z 0p.21'~3"E """' 30.41 '~ J nl= la pia of ~Iz I co ~ Z W~ N ~U I,,,I Z Z~ ~U O~ WV ZY FIlfO FOR RECORD THIS DAY OF 19,, AT ,,,,_.M., IN BOOK ._,_ OF ASSESSMENT DISTRICTS At PAGE IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF KERN, STATE OF CALIFORNIA. JAMES W. MAPLES • COUNTY ASSESSOR-RECORDER 8Y CHIEF DEPUTY RECORDER RECORDED IN THE OFFCE OF THE DEPARTMENT OF PUBLIC WORKS THIS DAY OF 19^. DIRECTOR OF PUBLIC WORKS BAKERSFlELO, CALIFORNIA EXHIBIT "B' ~: PMt OS22 s~ , er , ~-f'° Castle & Cooke COMMERCIAL-~A,1NC. April 13, 1998 Raul Rojas Pubiic Works Department 1501 Truxtun Avenue Bakersfield, CA 93301 ATTENTION: MARION SHAW RE: Vesting Tentative Parcel Map No. 10522 Dear Mr. Rojas: In accordance with Bakersfield Municipal Code Chapter 13.04. I, Tak Fujii, as representative of property located within proposed Tentative Parcel Map No. 10299, hereby request the formation of a new maintenance district or inclusion into an existing maintenance district for the property to be subdivided. Enclosed is a check in the amount of $1,409 to cover the costs of processing related to district formation or inclusion. Also, our Engineer has prepared the enclosed disc copy of the above-mentioned subdivision for your use. As sole owner of the property involved in this request, I hereby waive the .public hearing portion of this district formation or inclusion into an existing maintenance district. Please contact Rogor McIntosh at 834-4814 if you have any questions. ..,. ~ncerey, ~: '..~.~ Tak Fujii 1 Vice President of Construction ~~~~0 Ming Avenue (93311) • P.O. Box 11165 • Bakersfield, CA 93389.1165 • (805) b64.4500 • FAX (805) 664.6199 Castle & Cooke CALIFORNIA, INC. Stephan J. DeBranch Director of Engineering March 31,1999 Marian P. Shaw City of Bakersfield Public Works Department 1501 Tru~tun Avenue Bakersfield, CA 93301 Subject: Inclusion of Parcel Map No.10611and Lot Line Adjustment No. P98-077 in a Maintenance District Dear Ms. Shaw: w'e, the undersigned, as owners of the property included within Parcel Map No.1 OG 17 and Lot Line Adjustment No. P98-0774, hereby request that the property be included within the _ Consolidated Maintenance District. This request is pursuant to the requirements of Municipal .Code Section 13.04.021. Pees have been p~.id through Tract No. 5934. Further, our engineer has supplied you with a disk copy of the Maps for your use. we also waive pur ri ht to an and all hearin s whether pursuaant to the Brown Act, Proposition g Y gC 218, its enabling legislation, the Bakersfield Municipal Cade, or any other law) concerning the farnlatian of ar inclusion in a maintenance district. Vie further waive all rights under Proposition 218 to formally vote for these assessments and, by si Wing this letter, indicate our consent to the assessments. Please contact Roger McIntosh at 834-4814 if you have any questions. Sincer y ~~ tephan . eBran Director of Engineering SJD/cm Enc. 10000 ~~~~i~g -a~c P.O. Box 11165 • Bakersfield, CA 93389-1165 • (d61) 664-6503 • Fax (661) 664-b042 Castle & Coake CALIFORNIA, INC. Stephan J. DeBranch Director of Engineering March 31,1999 Marian P. Shaw City of Bakersfield Public '~Norks Department 1501 Truxtun Avenue Bakersfield, CA 933x1 Subject: Inclusion of Parcel Map No.10d 17 and Lot Line Adjustment No. P98-077 in a Maintenance District Dear Ms. Shaw: we, the undersigned, as owners of the property included within Parcel Map No.10617 and Lat Line Adjustment No. P98-0776, hereby request that the property be included within the Consolidated Maintenance District. This request is pursuant to the requirements of Municipal Code Section 13.04.021. Fees have been paid through Tract Na. 5936. Further, our engineer has supplied you with a disk copy of the Maps for your use. ~Ve also waive our right to any and all hearings {whether pursuaant to the Brown Act, Proposition 218, its enabling legislation, the Bakersfield Municipal Code, or any other law) concerning the formation of or inclusion in a maintenance district. 'ale further waive all rights under Proposition 218 to formally vote for these assessments and, by signing this letter, indicate our consent to the assessments. Please contact Roger McIntosh at 834-4814 if you have any questions. Sincer ~y' ~~'` tephan . eBran~ Director of Engineering SJD/cm Enc. 10000 ~w~~~~~~~~c~1 P.O. Box 11145 • Bakersfield, CA 93389-1165 • (661) 464-6503 • Fax (661) 664-6042 EXHIBIT "D" MAINTENANCE DISTRICT AREA 1-15 Said assessment is made in accordance with the benefit formula attached hereto. 1998 -1999 BUDGET Gross Budget Amount Required $0.00 (City Staff Services or Contract, Supplies, Materials and Utilities) Estimated Beginning Fund Balancel~Deficit) $0.00 Less: City Contributions ~o.oo NET AMOUNT TO BE ASSESSED $0.00 S:IPROJECTSIMAI NDISTIEXH IBITDIMD1-15D.W62 EXHIBIT "D" RESOLUTION NO. A RESOLUTION ADDING TERRITORY (AREA 1-15, Stockdale, Calloway) TO THE CONSOLIDATED MAINTENANCE DISTRICT AND CONFIRMING THE ASSESSMENTS, APPROVING THE .PUBLIC WORKS DIRECTOR'S REPORT AND AUTHORIZING COLLECTION OF ASSESSMENTS BY THE KERN COUNTY TAX COLLECTOR. (WARD ). WHEREAS, the City Council of the City of Bakersfield, State of California, heretofore by Resolution of Intention No. 1187, adopted April 14, 1999, declared its intention to add territory (Area 1-15, Stockdale, Calloway} to the Consolidated Maintenance District, preliminarily confirmed and approved the Public Works Director's Report, the boundaries of the proposed additional territory, the fairness of the benefit formula and the amount of assessment to be levied against each parcel. Said additional territory shall be designated Area 1-15, Stockdale, Calloway, as shown and designated on that certain map entitled Map and Assessment Diagram. for Additional Territory (Area 1-15, Stockdale, Calloway} to the Consolidated Maintenance District, Bakersfield, California, for Fiscal Year 1998-99 on file in the offices of the City Clerk and Public Works Director, City of Bakersfield; and WHEREAS, the Public Works Director duly filed with the City Clerk his Report, including a budget, assessment formula, improvements to be maintained by the district, description of property and_ proposed assessments; and WHEREAS, the City of Bakersfield has received a letter from the property owner within the additional territory (Area 1-15, Stockdale, Calloway} which waives all rights to a public hearing and to a protest hearing as required by the Brown Act, Streets and Highway Code, Chapter 13.04 of the Bakersfield Municipal Code and Preposition 218, its enabling legislation or any other provision of law. 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 adds territory (Area 1-15, Stockdale, Calloway} to the Consolidated Maintenance District and confirms and adopts the Public Works Director's Report, (attached hereto as Exhibit 1 and incorporated herein by reference} including the amounts of assessment for each assessed parcel, as set forth in the Public Works Director's Report. 3. Exhibits "A"and "B" attached hereto and incorporated herein by reference describe the additional territory (Area 1-15, Stockdale, Calloway). 4. All parcels within this area shall be assessed an amount not to exceed $100.00 per equivalent dwelling unit per parcel. All such parcels are assessed $22.94 per equivalent dwelling unit (representing street tier 1 assessments) for fiscal year 1998-99 but will not be collected for this fiscal year because landscape improvements have not yet been installed. When landscape improvements have been completed, street tier 1 assessments will be assessed. The benefit formula (Exhibit "C"), budget for Area 1-15 (Exhibit "D") and assessment roll for Area 1-15 (Exhibit "E") are attached hereto and incorporated herein by reference. 5. The Kern County Tax Collector is hereby authorized to collect such assessments. 6. Beginning in the 1999-2000 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. 7. The City Council hereby reserves the right to perform the work of maintenance and operation of the public improvements by City forces or by private contractor. Such determination and election is to be made for each year at the time the budget and assessment is approved for the year in question. ----------0 0 0 ---------- 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: AYES: COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER 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: BART J. THILTGEN CITY ATTORNEY of the City of Bakersfield Attachments Exhibit "1" Exhibit "A" Exhibit "B" Exhibit"C" Exhibit "D" Exhibit "E" SIPROJECTSIMAINDISTIESTABIMD1-15Est City of Bakersfield PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY (Area 1-15, Stockdale, Calloway) Fiscal Year 1998-99 WHEREAS, on WEDNESDAY, April 14,1999, the Council of the City of Bakersfield adopted its Resolution of Intention No. 1187 to add territory to the Consolidated 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 Addition of territory (Area 1-15, Stockdale, Calloway) to the Consolidated Maintenance District is generally described as an area bounded by the Kern River on the north, the east line of Section 31 on the east, Stockdale Highway on the south and the northerly prolongation of Buena Vista Road on the west and as specifically shown on Map and Assessment Diagram marked Exhibit "B,"attached hereto and incorporated herein by reference as though fully set forth, as an area within the City of Bakersfield. Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, referred to as the Maintenance District Procedure, the Public Works Director makes and files this Report and proposed assessment of and upon all parcels of property within the area for the cost of maintaining public street medians and other public street landscaping 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 area and are of a public nature. The assessment includes the cost of necessary repairs, replacement, water, electricity, care, supervision and any and all other items necessary for the proper maintenance and operation thereof, and all additions and improvements thereto which may hereafter be made. EXHIBIT "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. Additional territory (Area 1-15, Stockdale, Calloway) is being added to the Consolidated Maintenance District for the maintenance of public street median and other street landscaping. The area 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 area shall be assessed an amount not to exceed $100.00 per equivalent dwelling unit per parcel. All such parcels are assessed $22.94 per equivalent dwelling unit (representing street tier 1 assessments) for fiscal year 1998-99, butwillnot be collected for this fiscal year because landscape improvement have not yet been installed. When landscape improvements have been completed, street tier 1 assessments wi I I be assessed. The area will consist of residential use, thus all parcels within the area will be affected. Sensory benefits from installing street landscaping are aesthetic enhancement and open space enjoyment. Public median and street landscaping will benefit all the lots or parcels and will be assessed on an Equivalent Dwelling Unit basis throughout the area. The Benefit Formula is set forth herein as Exhibit''C" and attached hereto and incorporated in this resolution as though fully set forth herein, NOW THEREFORE, I, RAUL M. ROJAS, Director of Public Works of the City of Bakersfield, by virtue of the power vested in me and the order of the Council of said City, hereby submit the Fiscal Year 1998-99 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 additional area (Area 1-15, Stockdale, Calloway) subject to be assessed to pay the cost of maintenance and operation in said area. Dated: RAU L M. ROJAS Director. of Public Works City of Bakersfield MAP AND ASSESSMENT DIAGRAM FOR ADDITION OF TERRITORY (AREA 1-15, STOCKDALE, GALLOWAY TO THE CONSOLIDATED MAINTENANCE DIS RICT BAKERSFIELD, CALIFORNIA I n r ~O v. I NORTH LINE OF SECTION 6 1 ' _ _ _ S__8.9_°11_'03" E '' _ _ ,-~ >~ N W CORNER SECTION 6 307 '-'-`--"-`-""-'---"- --'----`-`%~ 12'' IRON PIPE WITH BRASS R ~ ~; -'' ~ -'' CAP MARKED FOR CORNER v E ,,; ~y.~ ,~' ' j R 1 ,;~,~, ,, ,~ ,..• oooj N Y~~;g~''-_r7$6 -~ .x.41,.6,6... ~_ .~ ,, °o~i '~~ , °51'12"w L2L3L8 .•i',%~.~ z r'~~ ~ ~ S80 ~'`,~ ~~ ~c Ot Nr O~ O ~P~' " ; ~, I ~ a ~,~jJ O jar F ~. ~ I ~~ 1 ~' r / Q WEST 1 /4 CORNER SE~i6 2 I K.C.S. CONC. MONT. H j i BRASS CAP IN LAM OLE ~ i FILED IN THE OFFICE OF THE CITY CLERK THIS DAY OF . 19_. LINE DIRECTION DISTANCE L2 S84°06'30"E 93.07' L3 S84'06'30"E 44.33' L5 N61'54'45"E 199.93' L6 N70°27'16"E 5.32' L7 N70°27'16"E 61.64' L8 N84°00'58"E 88.08' L9 N01'48'23"W 104.66' ' L10 S82'00'04"E 156.$4' CITY CLERK OF THE CITY OF BAKERSFIELD, CALIFORNIA AN ASSESSMENT WAS LEVIED BY THE CITY COUNCIL ON THE LOTS, PIECES AND PARCELS OF LAND SHOWN ON THIS ASSESSMENT DIAGRAM. SAID ASSESSMENT WAS LEVIED ON THE DAY OF . 19_; SAID ASSESSMENT DIAGRAM AND THE ASSESSMENT ROLL WERE RECORDED IN THE OFFICE OF THE DEPARTMENT OF PUBLIC WORKS OF SAID CITY 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 LEVIED AGAINST EACH PARCEL OF LAND SHOWN ON THIS ASSESSMENT DIAGRAM. CITY CLERK OF THE CITY OF BAKERSFIELD, CALIFORNIA DISTRICT BOUNDARY DER R~ w ,~~,KERN _ ~' ~' 00°43'28"E, Z ,- ------- - ------ -•~~'~~ NOp°21'3»E :~•• ..... ~ - 30.41 ~•~ •~. ,•,.• .~~..~ P~~ P~ N I ~ ~ ~ j J a~ NpS ~ ~ ERC~ M o Mjz ~Z i ~j ~ ~ ~~ ~ ~ r V7 '~ ~ ~ Z W ~ - O ~ ~ W~ Z U 0_ O~ WU Z Y FILED FOR RECORD THIS DAY OF 19~ AT _ M., IN BOOK OF ASSESSMENT DISTRICTS AT PAGE IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF KERN, STATE OF CALIFORNIA. JAMES W. MAPLES COUNTY ASSESSOR-RECORDER BY CHIEF DEPUTY RECORDER RECORDED IN THE OFFICE OF THE DEPARTMENT OF PUBLIC WORKS THIS DAY OF , 19_. DIRECTOR OF PUBLIC WORKS BAKERSFIELD, CALIFORNIA EXHIBIT 9999 FILE: PM10522 SHEET 1 of 1 RESOLUTION N0. A RESOLUTION ADDING TERRITORY AREA 1-15, STOCKDALE, GALLOWAY) TO THE CONSOLIDATED MAINTENANCE DISTRICT AND CONFIRMING THE ASSESSMENTS, APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT AND AUTHORIZING COLLECTION OF ASSESSMENTS BY THE KERN COUNTY TAX COLLECTOR. (WARD 4). WHEREAS, the City Council of the City of Bakersfield, State of California, heretofore by Resolution of Intention No. 1187, adopted April 14, 1999, declared its intention to add territory (Area 1-15, Stockdale, Calloway) to the Consolidated Maintenance District, preliminarily confirmed and approved the Public UVorks Director's Report, the boundaries of the proposed additional territory, the fairness of the benefit formula and the amount of assessment to be levied against each parcel. Said additional territory shall be designated Area 1-15, Stockdale, Calloway, as shown and designated on that certain map entitled Map and Assessment Diagram for Additional Territory (Area 1-15, Stockdale, Calloway) to the Consolidated Maintenance District, Bakersfield, California, for Fiscal Year 1998-99 on file in the offices of the City Clerk and Public Works Director, City of Bakersfield; and WHEREAS, the Public Works Director duly filed with the City Clerk his Report, including a budget, assessment formula, improvements to be maintained by the district, description of property and proposed assessments; and WHEREAS, the City of Bakersfield has received a letter from the property owner within the additional territory (Area 1-15, Stockdale, Calloway} which waives all rights to a public hearing and to a protest hearing as required by the Brown Act, Streets and Highway Code, Chapter 13.04 of the Bakersfield Municipal Code and Proposition 218, its enabling legislation or any other provision of law. 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 adds territory (Area 1-15, Stockdale, Calloway) to the Consolidated Maintenance District 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 NOTICE OF EXEMPTION T0: County Clerk COUNTY OF KERN 1415 Truxtun Avenue Bakersfield, CA 93301 K~ f ." ~ f/ 41 ~,g~ < Appendix ..... ~ ............. _......,4...._... , _,,...,-, .. .. Sr Project Title: Adding Territory Area 1-15. Stockdafe, Calloway~to the Consolidated Maintenance District. Project Location-Specific: generally bounded by the Kern River on the north, the east line of Section 31 on the east, Stockdale Highway on the south and the northerly prolongation of Buena Vista Road on the west. Project Location-City: Bakersfield Project Location-County: Kern Description of Project: Maintenance of public street and median landscaping.improvements. Name of Public Agency Approving Project: CITY OF BAKERSFIELD Name of Person or Agency Carrying Out Project: DEPARTMENT OF PUBLIC WORKS Exempt Status: (Check One) _ Ministerial (Sec. 21080 fib) (1 };15268 ~a}; _ Declared Emergency (Sec. 21480 (b) (4};15269 fib) ~c); _ Emergency Project (Sec. 21080 (b} (4);15269 fib} (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 limitat. ions with addition of territory to an existing Maintenance District, CEQA ug, ideline, Cit~.of Bakersfield Resolution No. 212-92. Lead Agency Contact Person: Marian Shaw Area CodelTe~lephonelExtension:(805~ 326-3579 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a Notice of Exemption been filed by the public agency approving the project? Yes x No ~~~~ . '~ ~ "°' . , Signature. ~ ~:... ~f,' , ,, ~ ,~:~~~.~~ Date. ~, s Title: ~~~~~ x Signed by Lead Agency Date received for filing at OPR: x Signed ~by Applicant P:, g g G~~ ~g~ ter: ~ W;ar;~ ~. ~Sne~C ~S.r~~~ ~ a~. ~5 d'.r fi:++ ~.r .~ .d a1.d~~5i[~ S'A~~. ~id~ ~3'~l~N,~ ' ...'Y~ NOTICE OF EXEMPTION T0: County Clerk COUNTY OF KERN 1415 Truxtun Avenue Bakersfield, CA 93301 Appendix I Project Title: Adding Territory (Area 1-15. Stockdale, Calloway) to the Consolid~ed Maintenance District. Project Location-Specific: generally bounded by the Kern River on the north, the east line of Section 31 on the east, Stockdale Hiahway on the south and the northerly prolongation of Buena Vista Road on the west. Project Location-City: Bakersfield Project Location-County: Kern Description of Project: Maintenance of public street and median landscaping improvements. Name of Public Agency Approving Project: CITY OF BAKERSFIELD Name of Person or Agency Carrying Out Project: DEPARTMENT OF PUBLIC WORKS Exempt Status: (Check One) Ministerial (Sec. 21080 (b} (1);15268 (a}; Declared Emergency (Sec. 21080 (b} (4);15269 (b} (c}; _ Emergency Project (Sec. 21080 (b) (4);15269 (b) (c); x Categorical Exemption. State type and section number. Section 15305~f ) _ Statutory Exemptions. State code number. Reasons why project is exempt: Minor alteration inland use limitations with addition of territory to an existing Maintenance District. CEQA guideline, Cit~Bakersfield Resolution No. 212-92. Lead Agency Contact Person: Marian Shaw Area CodelTelephonelExtension:.(805.326;3579 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a Notice of Exemption been filed by the public agency approving the project? Yes x No .ri O YAK B' NA~ , ~ ~ ~~ Date. ~u Signature. 1r~~~' Title: ~ ~ x Si ned b Lead A `ncy Date received for filing at OPR: g Y g x Signed~byApplicant ~AK~~ ~ ~~a~AArt ~~ 4 C (~~ U ~~~ ~ti~` ~`~~IFO ~ ADMINISTRATIVE REPORT MEETING DATE: April 14,1999 AGENDA SECTION: Consent Calendar ITEM: ~ . .. r T0: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: March 26,1999 APPROVED DEPARTMENT HEAD ' ___-. CITY ATTORNEY CITY MANAGER SUBJECT: Resolution of Intention No. 1187 declaring the City's intention to add territory Area 1-15, Stockdale, Calloway) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (UVard 4} RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owner of Parcel Map No:10299 and Parcels A, B and C of Certificate of Compliance for Lot Line Adjustment No. P98-0776, recorded in book 6952, page 2024 0. R., to form a maintenance district or to be included into an existing maintenance district as required by section 13.04.021 of the Municipal Code. This district will provide for the maintenance of public street and median landscaping. Staff recommends the addition of territory (Area 1-15, Stockdale, Calloway) generally bounded by the Kern River on the north, the east line of Section 31 on the east, Stockdale Highway on the south and the northerly prolongation of Buena Vista Road on the west, to the Consolidated Maintenance District. This area will be under the streetscapelmedian zone. of benefit and when street and median landscaping has been installed, assessed an amount for street tier 1. Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City Council meeting. The City of Bakersfield has received a letter from the owners of .the property described in Parcel Map No. 10299 and Parcels A, B and C of Certification of Correction for Lot Line Adjustment No. P98-0776, which waives the public hearing concerning the formation of and assessments for a maintenance district. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the Parcel Map and Certification of Correction. A copy of this covenant is attached for reference. (Jas} April 1,1999, 8:43AM S:IPROJECTSIMAINDISTIADMINRPT1md1-15roi99.wpd RESOLUTION OF INTENTION N0.1187 A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 1-15, STOCKDALE, GALLOWAY), TO THE CONSOLIDATED MAINTENANCE DISTRICT, PRELIMINARILY ADOPTING, CONFIRMfNG AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION, THE FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT OF ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL. WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield provides for an alternative procedure by which the City Council may provide for the payment of the whole or any part of the costs and expenses of maintaining and operating any public improvements which are local in nature, ,from- annual benefit assessments apportioned among the several lots or parcels of property within the maintenance district established 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 addition of territory to the Consolidated Maintenance District; and WHEREAS, it is the intention of the City Council of the City of Bakersfield to add territory (Area 1-15, Stockdale, Calloway) to the Consolidated Maintenance District, said area is generally described in Exhibit "A" attached hereto, to maintain and operate the local improvements including .public street landscaping; anal WHEREAS, the Public Works Director has on this date filed with the Clerk of said Council his Report, attached hereto and incorporated herein by reference as Exhibit "1 ", containing the following: (a} a description. of the boundary of the additional territory, attached hereto as Exhibit "A" and incorporated as though fully set forth; (b} the improvements to be maintained by this addition specifically are various items included within the boundaries as shown on Map and Assessment Diagram, 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"; -1- t c e I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Counci! of the City of Bakersfield at a regular meeting thereof held on by the following vote: AYES: COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, ROINLES, SULLIVAN, SALVAGGIO NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED ._ BOB PRICE r~ MAYOR of the City of Bakersfield APPROVED as to form: BART J. THlLTGEN CITY ATTORNEY of the City of Bakersfield S:IPROJ ECTSIMAINDISTIROIIMD1-15 Attachments: Exhibit "1" Exhibit "C" Exhibit "A" Exhibit "D" Exhibit "B" Exhibit "E" City of Bakersfield _3_ ° 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 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 Cit Y does not permit new public parks, street median and .other street landscaping improvements to be constructed within the City. Additional territory Area 1-15, Stockdale, Calloway) is being added to the Consolidated Maintenance District for the maintenance of public street median and other street landscaping. The area 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 area will have a zero assessment for the 1998-99 fiscal year as shown in Exhibit "E". When landscape improvements have been completed, it is expected to be placed in street tier 1. The estimated maximum cost for commercial development is $100.00 per Equivalent Dwelling. Unit based on full buildout of the benefit area at existing zoning, using 1998 dollars and 1998 Parks Department maintenance and overhead costs. ~:, ~~ ~~ The area will consist of commercial use, thus all arcels within the area will p be affected. Sensory benefits from installing street landscaping are aesthetic enhancement and open space enjoyment. Public median and street landscaping will benefit all the lots or parcels and will be assessed on an Equivalent Dwelling Unit basis throughout the area. The Benefit Formula is set forth herein as Exhibit "C" and attached hereto -and incorporated in this resolution as though fully set forth herein. _2_ <. m LEGAL DESCRIPTION Area 1-15 A parcel of land situated in the City of Bakersfield, County of Kern, State of California, being portions of Sections 31 and 32, T 29 S, R 27 E, and Section 6, T 30 S, R 27 E, M. D. B. & M., and more particularly described as follows: Parcel Map 10299, parcels 1, 2 and 3, Recorded in Book 48, Page 191, O.R. Parcels A, B and a portion of C of Certification of Correction for Lot Line Adjustment P98- 0776, Recorded in Book 6952, Page 2024, O.R. {Note: the remainder of parcel C is currently within the Consolidated Maintenance District.) EXHIBIT "A" SIPROJIMDILEGALS1Legal 1-15 CONSOLIDATED MAINTENANCE DISTRICT CITY OF BAKERSFIELD BENEFIT FORMULA Each parcel in the Street Landscaping Zone of Benefit shall be assessed the amount as defined in (1) below: Each parcel in the Park Zone of Benefit shall be assessed the amount as defined in (2) below: Each parcel in the Street and Park Zone of Benefit shall be assessed the sum of the amounts as defined in (1) and (2) below: (1) shall equal the dollar amount budgeted for the maintenance and operation of the STREET LANDSCAPING (S) within the district, adjusted for prior-year fund- balance or deficit; - Multiplied by (a}: The number of Equivalent Dwelling Units (EDU's} for the parcel, and; Multiplied by (t): The factor for the tier level, which equals the street .tier number, and; Divided by (b}: The total number of street EDU's in the district. ~1) = Sxaxt b NOTE: Undeveloped .residential and commercial parcels with no existing adjacent median or street landscaping shall be assessed one-half the number of EDU's for that parcel. Undeveloped industrial parcels with no existing adjacent median or street landscapin 9 shall be assessed one-fourth the number of EDU's for ghat parcel. In the Berkshire area (3-06) and the Hosking, South H area (5-Q3), only subdivided parcels will be assessed for street landscaping. (2) shall be the dollar amount budgeted for the maintenance and operation of the PARKS (P) within the district, adjusted for prior year fund balance or deficit; Multiplied by (a}; The number of EDU's for the parcel, and; Multiplied by (t): The factor for the tier level, which equals the park tier number, and; Divided by (b}: The total number of park EDU's in the district. (2) = Pxaxt b EXHIBIT'°C" Page 1 of 4 i EDU EXCEPTIONS '^ J Several exceptions have been made to the base EDU rates in the areas listed below due to commitments made at the time of formation of the original districts. USE EDU REMARKS Polo Grounds Undeveloped R-1 zoned 3.28/acre Rounded down to the 5 acres or more. nearest whole number. Parkside Village Single Family Dwelling Unit (Vineyard) Multi-Family Dwelling Unit (Shores) Multi-Family Dwelling Unit (Edgewater, Brookhaven, Springs) Non Residential (Castle & Cooke) Non Residential (Parkside Partners) Brimhall & Verduao. Seven Oaks; North & South Undeveloped R-1 zoned 5 acres or more California Avenue Non Residential (Per condition of Annexation) 1.0 0.86/unit 0.58/unit 24.26 7.56 3/acre 1.0 Per parcel plus 0.9 EDU's per 100 feet of California Ave. frontage EXHIBIT °'C" Page3of4 EXHIBIT "D" MAINTENANCE DISTRICT AREA 1-15 Said assessment is made in accordance with the benefit formula attached hereto. 1998 -1999 BUDGET Gross Budget Amount Required $0.00 (City Staff Services or Contract, Supplies, Materials and Utilities) Estimated Beginning Fund Balance/(Deficit) $0.00 Less: City Contributions $0.00 NET AMOUNT TO BE ASSESSED $0.00 S:IPROJECTSIMAINDISTIEXH IBITDIMD1-15D.W62 EXHIBIT "D" Castle & Cooke COMMERCIAL-CA, INC. April 13, 1998 Raul Rojas Public Works Department 1501 Truxtun Avenue Bakersfield, CA 93301 ATTENTION: MARION SHAW RE.' Vesting Tentative Parcel Map No. 10522 Dear Mr. Rojas: In accordance with Bakersfield Municipal Code Chapter 13.04. I, Tak Fujii, as representative of property.: located within proposed .Tentative Parcel Map No. 10299, hereby request the formation of a new maintenance district or inclusion into an existing maintenance district for the property to be subdivided. Enclosed is a check. in the amount.. of $1-,409 to cover. the. costs of processing related to district formation or inclusion. Also, our Engineer has prepared the enclosed disc copy of the above-mentioned subdivision for your use. As sole owner of the property involved in this request, I hereby waive the public hearing portion of this district formation or inclusion into an existing maintenance district. Please contact Roger McIntosh at 834-4814 if you have any questions. ~incere~,y, .~ Tak Fujii Vice President of Construction ~~~'~ ~ Ming Avenue (93311} • P.O. Box 11 lb5 • Bakersfield, CA 93389-1165 • (805} 6b4-b500 • FAX (805} 6b4-b199 ea' . o s ~~ ~~ ADMINISTRATIVE REPORT -~. ~.r o~ MEETING DATE: April 28,1999 AGENDA SECTION: Consent Calendar '~ ITEM: T0: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: April 9, 1999 APP OVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Resolution adding terrtory (Area 1-15, Stockdale, Calloway) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. Ward 4) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owner of Parcel Map No.10299and Parcels A, B and C Certificate of Compliance for Lot Line Adjustment No. P98-0776, recorded in Book 6952, Page 2024 4. R., to form a maintenance distract or to be included into an existing maintenance district as required by Section 13.04.021 of the Municipal Code. This district will provide for the maintenance of public street and median landscaping. Staff recommends the addition of territory (Area 1-15, Stockdale, Calloway) to the Consolidated Maintenance District. Area 1-15 is generally bounded by the Kern River on the north, the east line of Section 31 on the east, Stockdale Highway on the south and the northerly prolongation of Buena Vista Road on the west. This area will be under the streetscapelmedian zone of benefit and when street landscaping has been installed, assessed an amount for street "tier 1 ". The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218. The City of Bakersfield has received a letter from the owners of the property described in Parcel Map No. 10299 and Lot Line AdjustmentP98-0776, which waives all hearings required by the Brown Act and Chapter 13.04 of the Bakersfield Municipal Code as well as all Proposition 218 rights. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the Parcel Map and Certificate of Compliance. A copy of this covenant is attached for reference. l.d. April 6,1999, 3:47PM S:IPROJECTSIMAINDISTIADMINRPTImd1-15re.wpd RESOLUTION N0. A RESOLUTION ADDING TERRITORY AREA 1-15, STOCKDALE, GALLOWAY) TO THE CONSOLIDATED MAINTENANCE DISTRICT AND CONFIRMING THE ASSESSMENTS, APPROVING THE PUBLIC WORKS DIRECTOR'S REPORTAND AUTHORIZING COLLECTION Of ASSESSMENTS BY THE KERN COUNTY TAX COLLECTOR. (WARD 4). WHEREAS, the City Council of the City of ,Bakersfield, State of California, heretofore by Resolution of Intention No. 1181, ado ted A ril 14, 1999, declared its p p intention to add territory (Area 1-15, Stockdale, Calloway) to the Consolidated Maintenance District, preliminarily confirmed. and approved the Public Works Director's Report, the boundaries of the proposed additional territory, the fairness of the benefit formula and the amount of assessment to be levied against each parcel. Said additional territory shall be designated Area 1-15, Stockdale, Calloway, as shown and designated on that certain map entitled Map and Assessment Diagram for Additional Territory Area 1-15, Stockdale,. Calloway) to the Consolidated Maintenance District, Bakersfield, California, for Fiscal Year 1998-99 on file in the offices of the City Clerk and Public UVorks 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 b the Y district, description of property and proposed assessments; and WHEREAS, the City of Bakersfield has received a letter from the property owner within the additional territory (Area 1-15, Stockdale, Calloway} which waives all rights to a public hearing and to a protest hearing as required by the Brown Act, Streets and Highway Code, Chapter 13.04 of the Bakersfield Municipal Code and Pr position 218, its enabling legislation or any other provision of law. ~ 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 adds territory (Area 1-15, Stockdale, Calloway} to the Consolidated Maintenance District 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 UVorks Director's Report. 3. Exhibits "A"and "B" attached hereto and incorporated herein by reference 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: AYES: COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: 7 « . MAYOR of the City of Bakersfield APPROVED as to form: BART J. THILTGEN CITY ATTORNEY of the City of Bakersfield Attachments Exhibit''1" Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit- "E" SIPR~JECTSIMAINDISTIESTABIMD1-15Est For many years, public parks, public street median and other public street landscaping improvements in the City were maintained throu h traditional tax revenues. g After Proposition 13, in 1978, funds available for maintenance and operation of -arks p , 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 eneral tax revenues the Cit g Y does not permit new public parks, street median , and other street landsca in . p9 improvements to be constructed within the City. Additional territory Area 1-15, Stockdale, Calloway) is being added to the Consolidated Maintenance District for the maintenance of public street median and other street landscaping. The area will be assigned an a ro riate tier in the Consolidated pp p Maintenance District so that each parcel will be assessed the .same amount as other parcels receiving a similar benefit. All parcels within this area shall be assessed an amount not to exceed $100.00 per equivalent dwelling unit per parcel. All such arcels are assessed $22.94 er . p p equivalent dwelling unit representing street tier 1 assessments for fiscal year 1998-99, butwillnot be collected for this fiscal year because landscape improvement-have not yet been installed. When landscape improvements have been completed, street tier 1 assessments will be assessed. ,. The area will consist of residential use, thus all arcels within the area will p ~~ ~ be affected. Sensory benefits from installin street landsca in are aesthetic g p9 ~~~~ r enhancement and open space enjoyment. Public median and street landscaping will benefit all the lots or parcels and will be assessed on an Equivalent Dwelling Unit basis throughout the area. The Benefit Formula is set forth herein as Exhibit "C" and attached hereto and incorporated in this resolution as though fully set forth herein. NOW THEREFORE, I, RAUL M. ROJAS, Director of Public Works of the City of Bakersfield, by virtue of the power vested in me and the order of the Council of said City, hereby submit the Fiscal Year 1998-99 Budget and Assessment Roll as set forth in Exhibit "D" and Exhibit "E," respectively, attached hereto and incorporated herein as though fully set forth, upon all parcels of property within additional area (Area 1-15, Stockdale, Calloway} subject to be assessed to pay the cost of maintenance and operation in said area. Dated: RAU L M. ROJAS Director of PublicUllorks City of Bakersfield ' MAP AND ASSESSMENT DIAGRAM FOR ADDITION OF TERRITORY (AREA 1-15, STOCKDALE, GALLOWAY) TO THE CONSOLIDATED MAINTENANCE DISTRICT BAKERSFIELD, CALIFORNIA I ~1 n r >' DISTRICT BOUNDARY ~. E R I NORTH LINE OF SECTION 6 ----------- _ S 89:11_03" E _~,_ N W CORNER SECTION 6 307 -'-'-'-"'-' ---- 2~ IRON PIPE WITH BRASS R CAP MARKED FOR CORNER v E r~ ~ R ~ ~~~F ,- I ,. w ~ R ,, ,. ,, ~~'i ,}4'21"v+- K __:__S$~-352t;'~----'~,,,-, awl .-~ r35;gfi" _N86 ~, _ _.~.41.~6---• _- ~,.~ ~~I ~ ---- -------- '- ~~ i o~~ ~~ ~ Sgp'51~12 W L2L3L8 ~ Z ~ ~~ - /~ ,~ .~ ~ / i l~Y~ ~ I 00 ~. ~ . ~ S Q ~2 J m FlLED IN THE OFFlCE OF THE CITY CLERK THIS DAY OF . 14_. LINE DIRECTION DISTANCE L2 S84'06'30"E 93.07' L3 S84'06'30"E 44.33' L5 N61'S4'45"E 199.93' L6 N70'27'16"E 5.32' L7 N70'27'16''E 61.64' L8 N84'00'S8"E 88.08' L9 N01'48'23"W 104.66' ' L10 S82'00'04"E 156.84' CITY CLERK OF THE CITY OF BAKERSFIELD, CALIFORNIA AN ASSESSMENT WAS LEVIED BY THE CITY COUNCIL ON THE LOTS, PIECES AND PARCELS OF LANG SHOWN ON THIS ASSESSMENT DIAGRAM. SAID ASSESSMENT WAS LEVIED ON THE DAY OF . 19_; SAID ASSESSMENT DIAGRAM AND THE ASSESSMENT ROLL WERE RECORDED IN THE OFFICE OF THE DEPARTMENT OF PUBLIC WORKS OF SAID CITY 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 LEVIED AGAINST EACH PARCEL OF LANG SHOWN ON THIS ASSESSMENT DIAGRAM. qTY CLERK OF THE CITY OF BAKERSFIELD, CALIFORNIA N RIV K E =R ~~"- ~ ~. - N ~ ~-' ~ ~ o ~- 00'43'28"E Z `~ - -•---•- N00o24'~3„E ,,,..... ~-'~'~ 3 1 ..~,'' r~i= ,..~ NI Ct psp~~ P~ ~i a M~RO~ ~ ~jz I . ~~ Z UD ~~ ~U WZ Z~ ~U O U (~ wU ZY FILED 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 CALIFORNIA. JAMES W. MAPLES COUNTY ASSESSOR-RECORDER BY CHIEF DEPUTY RECORDER RECORDED IN THE OFFICE OF THE DEPARTMENT OF PUBLIC WORKS THIS DAY OF . 19_ DIRECTOR OF PUBLIC WORKS BAKERSFELD, CALIFORNIA EXHIBIT "B" FILE: PA110522 5-+EET 1 or ~ EQUIVALENT DWELLING UNIT (EDU) CHART Equivalent Dwelling Units (EDU's) shall be calculated b use or otential use er zonin Y p p g as follows: USE EDU REMARKS Agricultural Zone 1.0 Per arcel P Single Family (Detached) 1.0 Per arcel p . Dwelling Unit, less than 5 acres Undeveloped R-1 zoned 4lacre Rounded down to the 5 acres or more. nearest whole number. Undeveloped R-1 zoned, 1lacre Rounded .down to the less than 5 acres. nearest whole number. Multi-Family (Attached} 0.71/unit .,. .: Undeveloped R-2, R-3 0.71 /unit Number of units s hall equal the acreage multiplied by 12 .;y ~~~ rounded down to the nearest ~-~ whole number. Non Residential Mobile Homes in parks Rent Space} Mobile Homes in subdivisions Owner} Mixed Use 6/acre Rounded to nearest .01 0.71 /unit 1.OOlunit Each calculated per the above. EXHIBIT "C" Page2of4 e USE EDU REMARKS Union Avenue Non Residential 3 Per parcel S i Ivercreek 370-022-04 0.711unit Shall be char ed at R-3 g 12 units/Acre rate as per GPA Resolution No. 22-94 Chester Avenue 6/acre Area for. each parcel is based 50% on lot area and 50% on building area. S:IPROJIMDIFORMULASIExhC98 EXHIBIT "C" Page 4 of 4 EXHIBIT "E" ASSESSMENT ROLL MAINTENANCE DISTRICT AREA 1-15 FISCAL YEAR 1998 -1999 Assessment Parcel No. Total amount to as shown on Map be collected for Exhibit "B" FY 1998-99 390-011-03-00 $0.00 390-011-04-00 $0.00 390-011-05-00 $0.00 .390-012-02-00 $0.00 390-012-30-00 $0.00 390-012-31-00 $0.00 390-012-32-00 $0.00. Total $0.00 Date: City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield S:IMAINDISTIEXH IBITEIMDI -15E.W63 EXHIBIT"E" Page 1 ~' •~ ., Castle & Cooke CALIFORNIA, INC. Stephan J. DeBranch Director of Engineering April 15,1999 Marian P. Shaw City of Bakersfield Public Works Department 1501 Truxtun Avenue Bakersfield, CA 93301 Subject: Inclusion of Parcel Map No.10299 in a Maintenance District Dear Ms. Shaw: We, the undersigned, as owners of the property included Within Parcel Map No. 10299 hereby request that the property be included Within the Consolidated Maintenance District. This request is pursuant to the requirements of Municipal Code Section 13.04.021. We also waive our right to any and all hearings whether pursuant to the Brown Act, Praposition 218, its enabling legislation, the Bakersfield Municipal Code, or any other law} concerning the ..,. formation of or inclusion in a maintenance district. We further waive all rights under Proposition 218 to forrn~~lly vote for these assessments and, by signing this letter, indicate our consent to the assessments. Please contact Roger McIntosh at 834-4$14 if you have any questions. Sincerely, Stephan J. DeBranch Director of Engineering SJD/kbg Enc. 10000~~~~jja~~l~pp P.O. Box 11165 • Bakersfield, CA 93389-1165 • (661) 664-6503 • Fax (661) 664-6042 Recording requested by and for the benefit of the City of Bakersfield. When recorded mail to: City of Bakersfield City Clerk's Office 1501 Truxtun Avenue Bakersfield, CA 93301 THIS SPACE FOR RECORDER'S USE ONLY Parcel Map No. 10625 Lot Nos. 1 through 11 COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT THIS COVENANT is executed on this day of , 200_, by Castle & Cooke Commercial-CA, Inc., a California Corporation, (hereinafter, "Owner"}, in connection with the Consolidated Maintenance District, located .in the City of Bakersfield, California. The real property herein described is located within Street Tier 1 of the Consolidated Maintenance District, and may be assessed for maintenance of public landscaping on public rights-of- waywithin the district. Although this property may have been assessed a lesser amount in the present tax year, the ultimate estimated annual assessment for maintenance of public landscaping based on full. buildout of this district, is $125.00 per single family dwelling, based on 2000 dollars and labor costs of the district. This covenant may not be amended or modified without the prior approval of the City of Bakersfield. This covenant shall run with the land. Dated this day of , 200_. Owner(s)/Developer(s): City of Bakersfield: Castle & Cooke Commercial-CA, Inc. a California Corporation Bruce Davis, Senior Vice President Raul M. Rojas, Public Works Director Stephan J. DeBranch, Vice President NOTE: All owner(s)/developer(s) signatures must be notarized. S:IPROJ~MDICOV~StC&C 6 .~ ~~~.. ~~ 11 ,' 1 ~~ ^! i / Castle k Cooke C~ifornia, lnc. .~.~..~ - - --- 0a~rt ~. ~ . ~ ~M ~1 I/ 1 !~ 3 ~ a ~ ~~ i iIrr V' i i Recording requested by and for the benefit of the City of Bakersfield. When recorded mail to: City of Bakersfield City Clerk's Office 1501 Truxtun Avenue Bakersfield, CA 93301 THIS SPACE FOR RECORDER'S USE ONLY Parcel Map No. 1_, U=, Lots 1 through 3. COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT THIS COVENANT is executed on this day of , 200_, bye Castle ~ Cooke Commercial-CA, Inc., a California Corporation, (hereinafter, "Owner"), in connection with the Consolidated Maintenance District, located in the City of Bakersfield, California. The real property herein described is located within the Consolidated Maintenance District and maybe assessed on an ongoing, yearly basis for maintenance of public landscaping on public rights-of--way within the district. The appropriate Street Tier will be assigned when landscape improvements have been installed. Although this property may have been assessed a lesser amount in the present tax year, the ultimate estimated annual assessment for maintenance of public landscaping based on full buildout of this district, is $125.00 per equivalent dwelling unit, based on 2004 dollars and labor costs of the district. This covenant may not be amended or modified without the prior approval of the City of Bakersfield. This covenant shall run with the land. Dated this day of , 200 _. Owner(s)IDeveloper(s): City of Bakersfield: Castle & Cooke Commercial-CA, Inc., a California Corporation Laura Whitaker, Vice President Raul M. Rojas, Public Works Director Stephen J. DeBranch, Vice President NOTE: All owner(s)/developer(s) signatures must be notarized. S:IPROJECTSIMAINDISTICOVENANT1StPMc&c.doc Recording requested by and- for the benefit of the City of Bakersfield. When recorded mail to: City of Bakersfield City Clerk's Office 1501 Truxtun Avenue Bakersfield, CA 93301 THIS SPACE FOR RECORDER'S USE ONLY Parcel Mau No. 1_, U=, Lots 1 through 3. COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT THIS COVENANT is executed on this day of , 200_, bye Castle & Cooke Commercial-CA, Inc., a California Corporation, (hereinafter, "Owner"), in connection with the Consolidated Maintenance District, located in the City of Bakersfield, California. The real property herein described is located within the Consolidated Maintenance District and maybe assessed on an ongoing, yearly basis for maintenance of public landscaping on public rights-of--way within the. district. The appropriate Street Tier will be assigned when landscape improvements have been installed. Although this property may have been assessed a lesser amount in the present tax year, the ultimate estimated annual assessment for maintenance of public landscaping based on full buldout of this district, is $125.00 per equivalent dwelling unit, based on 2004 dollars and labor costs of the district. This covenant may not be amended or modified without the prior approval of the City of Bakersfield. This covenant shall run with the land. Dated this day of Owner(s)/Developer(s): Castle & Cooke Commercial-CA, Inc., a California Corporation 200 City of Bakersfield: William D. Sampson, Sr. Vice President Stephen J. DeBranch, Vice President Raul M. Rojas, Public Works Director NOTE: All owner(s)/developer(s) signatures must be notarized. S:IPROJECTSIMAINDISTICOVENANT1StPMc&c.doc Recording requested by and for the benefit of the City of Bakersfield. When recorded mail to: City of Bakersfield City Clerk's Office 1501 Truxtun Avenue Bakersfield, CA 93301 THIS SPACE FOR RECORDER'S USE ONLY Parcel Map No. 1_, U=, Lots 1 through 3. COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT THIS COVENANT is executed on this day of , 200_, bye Castle & Cooke Commercial-CA, Inc., a California Corporation, (hereinafter, "Owner"), in connection with the Consolidated Maintenance District, located in the City of Bakersfield, California. The real property herein described is located within the Consolidated Maintenance District and maybe assessed on an ongoing, yearly basis for maintenance of public landscaping on public rights-of way within the district. The appropriate Street Tier will be assigned when landscape improvements have been installed. Although this property may have been assessed a lesser amount in the present tax year, the ultimate estimated annual assessment for maintenance of public landscaping based on full buildout of this district, is $125.00 per equivalent dwelling unit, based on 2004 dollars and labor costs of the district. This covenant may not be amended or modified without the prior approval of the City of Bakersfield. This covenant shall run with the land. Dated this day of , 200 _. Owner(s)/Developer(s): City of Bakersfield: Castle & Cooke Commercial-CA, Inc., a California Corporation William D. Sampson, Sr. Vice President Raul M. Rojas, Public Works Director Stephen J. DeBranch, Vice President NOTE: All owner(s)/developer(s) signatures must be notarized. S:IPROJECTSIMAINDISTICOVENANT1StPMc&c.doc Recording requested by and for the benefit of the City of Bakersfield. V~hen recorded mail to: City of Bakersfield City Clerk's Office 1541 Truxtun Avenue Bakersfield, CA 93341 TINS SPACE FOR RECORDER"S USE ONLY Parcel Map o. 10522. Lots 1 through 8. ~ l~5~ e'~ ° ~ ~ ~ T ~ ~~s l '~ 3 COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT THIS C0~'ENANT is executed on this ,~ day of _ , 200,,, by Castle & Cooke Commercial-CA Inc. a California Co oration (hereinafter, "Owner"), in connection with the ~._ Consolidated Maintenance District, located in the City of Bakersfield, California. The real property herein described is located within the Consolidated Maintenance District and maybe assessed on an ongoing, yearly basis for maintenance of public landscaping on public rights-of--way within the district. The appropriate Street Tier will be assigned when landscape improvements have been installed. Although this property may have been assessed a lesser amount in the present tax year, the ultimate estimated annual assessment for maintenance of public landscaping based on full buildout of this district, is $125.00 per equivalent dwelling unit, based on 2002, dollars and labor costs of the district. This covenant may not be amended or modifted without the prior approval of the City of Bakersf eld. This covenant shall run with the land. Dated this _______ day of ___ , 200 ,~,. Owner(s)/Developer(s): Castle & Cooke Commercial-CA, Inc. a California Corporation r `' 1 R~ G~ Willi D S so , Sr. ce President City of Bakersfield: Raul M. Rajas, Public works Director "~ c~s~~~G'o~~C~- `~^ C''~`~"R~-~` -~---C.o~0i1-c" C~t..t~P..~1 ~~-,TNC. -Stephan J. UPBranch, Vice President ~'' e"~~~~~ CD~~~~ NOTE: All owners}Ideveloper(s) signatures mast be notarized. S:IPROJECTS~t~tAiNAISTICOVENANT1StcBcc,doc