HomeMy WebLinkAboutMD Packet 4-37rte Y-32
PROPOSITION 218 BALLOT
CITY OF BAKERSFIELD CONSOLIDATED MAINTENANCE DISTRICT
This assessment ballot is for the use of the property owner of the parcels} identified below,
which are proposed to be included in the City of Bakersfield Consolidated Maintenance District
(CMD}. This assessment ballot may be used to express either support for or opposition to
inclusion within the CMD. To be counted, this assessment ballot must be signed below by the
owner or, if the owner is not an individual, by an authorized representative of the owner.
[TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE]
OFFICIAL ASSESSMENT BALL(JT
Property Owner: PARK VIEW COTTAGES
Property description: BRACT 616 8
PARCELS E, F, H, I, J,& K OF LLA No. P-99-0752
(address, lot/block/tract or other legal
The individual annual assessments shall not exceed ~ 146.70 per equivalent dwelling
unit. In each subsequent year, annual assessments may increase by the cost of living reflected in
the Los Angeles-Riverside-Orange County/All Urban Consumers Consumer Price index.
ASSESSMENT BALLOT MEASURE
Shall the City Council of the City of
Bakersfield include .the above described Yes
property within the Consolidated Maintenance
District and levy an assessment not to exceed 0 No
the amount set forth above?
Owner Signature;
Tit e (f representing owner);
Date:
ROBER E. SMITH
.,Llll,9i1/.4f L/1/f~' /l~l ~iYlls~ ~'
r ''~ `~
S:11'tanninglivtaintenencc DistrictslBallot.doc
a t! 13/OS
~lL~~
BERN c~uNr~
MAY 0 4 20x5
NOTICE OF EXEMPTION Appendix I
ANN ~. ~A~NETT
- ~~®9TOR-C r ~, ~-COUNTY C~.E~~
r
T0: County Clerk v ~ ~ _ _.,~ _ ~~~F ~,
COUNTY OF KERN
1415 Truxtun Avenue
Bakersfield, CA 93301
Project Title: Adding Territory (Area 4-37, 21St, "R" NE or Tract No. 6168) to the Consolidated
Maintenance District.
Project Location-Specific: The area is generally bounded by 23rd Street on the north, the Kern
Island Canal on the east, 21St Street on the south and "R" Street on the west.
Project Location-City: Bakersfield Project Location-County: Kern
Description of Project: Maintenance of public park, 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 VIlORKS
Exempt Status: (Check One)
_ Ministerial (Sec. 21080 (b) (1); 15268 (a);
_ Declared Emergency (Sec. 21080 (b) (4); 15269 (b) (c);
_ Emergency Project (Sec. 21080 (b) (4); 15269 (b) (c);
x Categorical Exemption. State type and section number.
Section 15305(f)
_ Statutory Exemptions. State code number.
Reasons why project is exempt: Minor alteration in land use Limitations with 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: (661) 326-3579
If filed by applicant:
1. Attach certified document of exemption finding.
2. Has a Notice of Exemption b fil d by the public agency approving the project? Yes x No _
Si nature: Date: ; 2~ 2005
9
Title: Marian P. Shaw, Civil Engineer IV
x Signed by Lead Agency Date received for filing at OPR: ~"'
x Signed by Applicant - d~~~ ~~ Erwironment~l Docent
~.
~ , ~ ®~~~ y CQ~r#~-CL~~ on ~~
Noe4-37 ~~
~~~ ~~~ ~~ d~~°~ thereafter, Pursuant
., ~ ; tit ~~~~~ ~~~,~~rees bode
~`~ic)
FILED
KERN COUNTTY'
NOTICE OF EXEMPTION
Appendix I MAY 0 4 2005
ANN K. ,~~~~ETT
TO: County Clerk ~~g~~s~o . o;v o L~~-co~~°~ cLE~'~
COUNTY OF KERN ~ . ° , .. --~-. ~~`1~~`~,
1415 Truxtun Avenue
Bakersfield, CA 93301
Project Title: Adding Territory (Area 4-37, 21St, "R" NE or Tract No. 6168) to the Consolidated
Maintenance District.
Project Location-Specific: The area is generally bounded by 2_reet on the north, the Kern
Island -Canal on the east, 21 St Street on the sou#h and "R" Street on the west.
Project Location-City: Bakersfield Project Location-County: Kern
Description of Project: Maintenance of public park, street and median landscaping
improvements.
Name of Public Agency Approving Project: CITY OF BAKERSFIELD
Name of Person or Agency Carrying Out Project: DEPARTMENT OF PUBLIC,WORKS
Exempt Status: (Check One)
Ministerial (Sec. 21080 (b) (1};15268 (a);
-.
Declared Emergency (Sec. 21080 (b} (4);15269 (b) (c);
Emergency Project (Sec. 21080 (b} (4};15269 (b) (c);
x Categorical Exemption. State type and section number.
Section 15305(f)
Statutory Exemptions. State code number.
Reasons why project is exempt: Minor alteration in land use limitations with addition of territory
to an existin Maintenance District CEQA uideline Cit of Bakersfield Resolution No. 212-92.
Lead Agency
Contact Person: Marian Shaw Area CodelTelephonelExtension: (661) 326-3579
!f filed by applicant:
1. Attach certified document of exemption finding.
2. Has a Notice of Exemption be fil d by the public agency approving the project? Yes x No
~. ~ -
r ~'
Signature: Date: ~ ~ 2005
Title: Marian P, Shaw, Civil Enaineer IV
x Signed by Lead Agency
x Signed by Applicant
Noe4-37
Date received for filing at OPR:
.THE DOCUMENT Tf~ WI-~IGI~ ~'MI D~TiFiCAT,E I~ A~-
TACHED IS A FULL, TRUE AID CpI~T CQ~PY QF~#E
ORIGINAL ON FILE AND 0~' RECORC ~~ ~ f~FFIC~. ~~
ATTEST ~ ~
ANN K. B RN TT, Auditor•Control~r~~y I~~k__:.._
In end for the County Q1 C~
BY ~ :;~,~~,.~~t~~~„~~u~ Gounty Clerk
~yjn
SmithTech~ USA
I N C O R P O R A T E D
February 11, 2005
City of Bakersfield
Public Works Department
1501 Tru~~tun Avenue
Bakersfield, CA. 93301
Attn: Marian P. Shaw
Subject: Inclusion of Tract 6168 in a Maintenance District
Dear Ms. Shaw,
1, the undersigned, as developer of the property included within Tract No. 6168 hereby
request that the property be included within the Consolidated Maintenance District. This
request is in accordance with the requirements of Bakersfield Municipal Code Section
13.04.021.
Enclosed is a checl~ in the amount of $1,861.25 to cover the costs of inclusion within the
Consolidated Maintenance District. Furthermore, our engineer will supply you with a
computer disk copy of the map for your use.
We also waive our right to any and all hearings in. accordance with the Brown Act, the
Bakersfield Municipal Code, and/or any other law, concerning the formation of or
inclusion in the maintenance district. I have signed and am retlu~r~in.g the enclosed
Proposition 218 ballot tOfficial Assessment Ballot) indicating my consent to the
~- assessment.
Very truly yours,
Park View Cattag~s, LLC, ,
a California Limited Liabil'~~ '~ Comp
Robert E. Smith -Member
TIIE HABERFELDE BUILDING
142417 STREET * BAKERSFIELD, CA ~ 933Q1 * 661-327-8492 '~ FAX 661-3Z7-8493
Our No.: 169560
~X~IBIT ~
PARCEL 1:
Parcel "E" of Lot Line Adjustment No. P99-0752 as per Certificate of Compliance
recorded I~'or--eT~er 19, 1999 as Document No. 0199166479 of Official Records,
located wi~hir~ the City of Bakersfield, County of Kern, State of California,
more particularly described as follows:
Commencing ac the intersection of the Southwesterly right-of-way of Golden State
Avern,~e (State Route vI-Kern-204) with the West line of Said .~iaberfelde Parcel
per Deed =ecorded in Book 864, Page 243 of Official Records, as marked by a 5/8"
rebar wit:! cap marked R.C.E. 33448 as shok~ on said Recerd of Survey; thence
South Oi°3:`28" East, along said West line a distance of 2:6.05 feet to the
point of beJi::nirg; thence continuing along said Vest line, South O1°59' 28"
East, 173.10 :eet; thence de;arting said hest line, North 0°00`00" Y~'est, 320.73
feet to the xint of beginning.
EXCEPTING ~~ E~R0~1 and reserving, however, all of the tr,i nerals and mineral ores
of every k_nd and character now know to exist or hereafter discovered upon,
within or ~.s~derlY•ing said land or that may be produced therefrom including,
°~rithout li~:i:.®ng t:~~e generality of the foregoing, all petroleum, oil, natural
gas ar:d of he. h~Tdrocarbon substances and products derived ~i~.erefrom as reserved
by So~:~he~: ?acif is Railroa ^ Company in Deed recorded Sec;.e~;~er 20, 1957 ir: Book
. ~
2844, Bags 13°°, Official P,ecords, which Deed urovided as fc`lows:
"Together wrc the exclusive and perpetual right of said G_Gntor, its successors
and assign, of ingress ar:d egress beneath the surf ace of said land to explore
for, extract, and mine and Yemo~°e the same, and to make s~cr. use of the said
land beneath the surface as is necessary or useful in connection therewith,
which use r~av incl~ade internal or slant drilling, boring, rigging or sinking of
wells, sha~ts, or tunnels, provided, however, that said Grantor, its successors
and assig:~.s, shall not use the surface of said land in the exercise of any of
said rights."
ALSO EXCE?_I~IL THEREFROM all of the minerals and mineral o,es of every kind and
character nc~~ kno~--n to exist or hereafter discovered upon, within or underlying
said land or t~:at may be produced therefrom including, wi~ho~at limited the
generality cf the foregoing, all petroleum, oil, natural gas and other
hydrocarbon substances and products derived therefrom, together w°ith the
exclusive a::r perpetual right of said Gran~or, its successors and assigns, of
ingress and egress beneath the surface of said land to e~ere for, extract,
mine and re~r~o-: e the same, and to make such use of the said land beneath the
surf ace as is necessary or useful 1.n connection there~•ith, w:~ich use may include
lateral or slant drilling, boring, digging or sinking of?ells, shafts or
tunnels; preveded, however, that said Grantor, its successors and assigns, shall
not use the surface of said land in the exercise of any of said rights, as
reserved br South Pacific Cor-tpany in Deed recorded November 1, 1957 in Book
2863, Page 302, Official Records.
ALSO EXCEPTING THEREFROM that portion of said land conveyed by Union Pacific
Railroad Cocrpany, a Delaware Corporation, in Grant Deed recorded duly 16, 1999
as Document No. 199102448 of Official Records, all minerals and all mineral
rights of every kind and-character now known to exist or hereafter discovered
underlying the property, including, without limiting the generality of the
foregoing, oil and gas and rights thereto, together with the sole, exclusive and
Our No.: 169560
BXHIEIT ~~"
perpetual right to explore for, remo~•e and dispose of said minerals by any means or
methods suitable to Grantor, its successors and assigns, but without entering upon or
using tre surface of the property, and in such manner as not to damage the surface of the
property, or to interfere with the use thereof.
PARCEL 2:
Parcel "F" of Lot Line Adjustment No. P99-0752 as per Certificate of Compliance recorded
November 1°, 1999 as Document No. 0199166479 of Official Records, located within the City
of Bakers`ield, County of Kern, State of California, more particularly described as
follows
Commencing at the intersection of the Southwesterly right-of-way of Golden State Ad°e:~ue
(State P,oute t'I-Kern-204 kith the hest line of said aberfelde Parcel per Deed recorded
in Book 864, Page 243 of Official Records, as marked by a 5/8" rebar with cap marred
R.C.E. 33-'48 as shok~n on said Record of Su~~ey; thence South O1°59'28" East, along said
West lire a distance of 449.15 feet to the point of beginning; thence continuing along
said West lire, South 11°59`28" East, 173.10 feet; hence departing said West lid.e, North
90°00`00" Y;est, 328.75 feet; thence North 00°00'00" vast, 173.00 feet; thence North
90°00'00" East, 320.73 feet to the point of beginning.
EXCEPTII~'G i'~REFROM and reserving, however, all of the minerals and mineral ores of every
kind and character now kook to exist or hereafter discovered upon, ~-~ithin or underlying
said lard er that may be produced there~rom i-ncluding, without limiting the generali~.v of
the forego_ng, all petroleum, oil, natural gas and ocher hydrocarbol substances a:-ed
oroducts derived therefrom as resen~ed btr Southern Pacific Railroad Company in Deed
recorded September 20, 1957 in Book 28`4, Pace 137, Official Records, which Deed ^ro~rided
as follo~~s
"Together with the exclusive and perpetual right of said Grantor, its successors and
assigns, of ingress and egress beneath the surface of said land to explore for, extract,
and mine and remove the same, and to make such use or the said land beneath the surface as
is necessary or useful in connection therewith, which use may include internal or slant
drilling, boring, digging or sinking of wells, shafts, or tunnels, provided, however, that
said Grantor, its successors and assigns, shall not use the surface of said land in the
exercise of any of said rights."
ALSO EXCEPTING THEREFROM all of the minerals and mineral ores of every kind and character
now knok~n to exist or hereafter discovered upon, wit~:in or underlying said land cr t:~at
may be produced therefrom including, without limited the generality of the foregoing, all
petroleum, oil, natural gas and other rydrocarbon s•~stances and products derived
therefro~r~, together with the exclusive and perpetual right of said Grantor, its successors
and assigns, of ingress and egress beneath the surface of said land to explore fcr,
extract, mine and remove the same,-and to make such use of the said land beneath the
surface as is necessary or useful ir. connection therewith, which use may include lateral
or slant drilling, boring, digging or sinking of wells, shafts or tunnels; provided,
however, that said Grantor, its successors and assigns, shall not use the surface of said
land in the exercise of any of said rights, as reserved by Southern Pacific Company in
Deed recorded November 1, 1957 in Book 2863, Page 302, Official Records.
ALSO EXCEPTING THEREFROM that portion of said land conveyed by Union Pacific Railroad
Company, a Delaware Corporation, in Grant Deed recorded July 16, 1999 as Document No.
199102448 of Official Records, all minerals and all mineral rights of every kind and
character now known to exist or hereafter discovered underlying the property, including,
without limiting the generality of the foregoing, oil and gas and rights thereto, together
with the sole, exclusive and perpetual right to explore for, remove and dispose of said
minerals by any means or methods suitable to Grantor, its successors and assigns, but
without entering upon or using the surface of the property, and in such manner as not to
damage the surface of the property, or to interfere with the use thereof.
Our No.: X69560
PARCEL 3:
EXHIBIT "A"
Parcel "H" of Lot Line Adjustment No. P99-0752 as per Certificate of Compliance recorded
November 19, ;999 as Document No. 0199166479 of Official Records, located within the City
of Bakersfield, County of Kern, State of California, more particularly described as
follows:
Beginning at the intersection of
right-of-way of "R" Street marke
Record of Survey in Book 20, Pa
North 00°00'00" East, along sai
departing said East right-of-wa
West, 333 . i3 feet to said IVT~rth
along said Forth right-of-kay a
PARCEL 4:
the North right-of-way of 21st Street with the East
d by a 5/8' rebar with cap marked R.C.E. 33448 as shown on
ge 144 in the Office of the Kern Co~.~nty Recorder ; thence
d East right-of-way a distance of 333.73 feet; thence
y North 90°00'00" East, 115.00 feet; thence South 00°00'00"
right-of-way of 21st Street; thence North 89°59`47" West,
distance of 115.00 feet to the point of beginning.
Parcel "I" of Lot Line Adjustment No. P99-0752 as per Certificate of Compliance recorded
November 19, 1999 as Document No. 0199166479 of Official Records, located within the City
of Bakersfield, County of Kern, State of California, more particularly described as
follows:
Commencing at the intersection of the North right-of-way of 21st Street with t:~e East
right-of-way of "R" Street marked bar a 5/8" rebar with cap market R.C.E. 334x8 as sho~~n on
Record of Survey, in Eook 20, Page 144 in the Office of the Kern Co ~ety Recorder; tk~.ence
South 89°59'47" East, along said North right-of-way a distance of 1x5.00 feet to the point
of beginning; ther_ce centruirlg along said North right-of-way, Sout: 89°59'47" ast,
333.75 feet; thence departing said North right-of-way, North 00°00'GO" East, 333.75 feet;
thence North. 90°00' 00" i~est, 190.75 feet; thence South 00°00' 00" ~~est, 333.73 feet to the
point of beginning.
EXCEPTING 'I'P:EREFROM all minerals and mineral rights, interest and royalties, including,
without limiting, the generality thereof, oil, gas and other hydrocarbon substances, as
well as metallic or other solid minerals, in and under the property, however, Grantor or
its successors and assigns, shall not have the right for any purpose whatsoever to enter
upon, into or through the surface of the property in connection trerewith, as reserved by
Southern Pacific Transportation Company, a Delaware corporation, in Deed recorded
September 16, 1994 as Document No. 136446, Official Records.
PARCEL 5:
Parcel "J" of Lot Lire F.djustment No. P99-0752 as per Certificate of Compliance recorded
November 19, 1999 as Document No. 0199166479 of Official Records, located within the City
of Bakersfield, County of Kern, State of California, more particularly describe^ as
follows:
Commencing at the intersection of the North right-of-way of 21st Street with the East
right-of-way of "R" Street marked by a 5/8" rebar with cap marked R.C.E. 33448 as shown on
the Record of Survey, in Book 20, Page 144 in the Office of the Kern County Recorder;
thence South 89°59'47" East, along said North right-of-way a distance of 305.75 feet;
thence departing said North right-of-way, North 00°00'00" East, 145.00 feet to the point
of beginning; thence continuing North 00°00'00" East, 188.75 feet; thence North 90°00'00"
East, 104.25 feet; thence South 00°00'00" West, 28.00 feet; thence North 90°00'00" East,
326.75 feet to the West line of Haberfelde Parcel per Deed recorded in Book 864, Page 243
of Official Records; thence South O1°59'28" East, along said West line a distance of
137.65 feet to said united States Government Segregation Line as shown on said Record of
Survey; thence South 10°51'32" West, along said Segregation Line a distance of 23.67 feet;
thence departing said Segregation Line, North 90°00'00" West, 431.33 feet to the point of
beginning.
Our No.: 169560
EXHIBIT "A"
EXCEPTING THEREFROM all petroleum, oil, natural gas, and proa•.:cts derit°ed therefrom and
other minerals within or underlying said land provided howetier, that said first parties,
their successors and assigns, shall not use the surface of said land ir. the exercise of
any of said rights, but shall have the right to enter into a:~d use the sub-surface of sand
land by lateral or slant drilling and boring for such purposes; provided, further, that in
so doing the first parties, their successors or assigns shall not disturb the surface of
said land, or any improvements thereon, or remove or impair the lateral or subjacent
support of said land, or any improvements the=eon as reserved by Southern Pacific Railroad
Company, a corporation, and Southern Pacific Company, a corporation, in the deed recorded
April 4, 1945 in Book 1244, Page 416 of Official Records.
PA.~ZCEL 6:
Parcel "K" of Lot Line Adjustment No. P99-0752 as per Certificate of Compliance recorded
November 19, 1999 as Document No. 0199166479 of Official Reco_ds, located within the Cit~°
of Bakersfield, County of Kern, State of California, more pa_ticularly described as
follows:
Commencing at the intersection of the North right-of-way of 2rst Street, with the East
right-of-way of "R" Street marked by a 5/8" rebar with cap marked R.C.E. 33448 as sho~-°n cn
Record of Survey, ir. Book 20, Page 144 in the Office of the Kern Count~~ Recorder; thence
South 89°59'47" East, along said North right-of-way a distance of 305.15 feet to the point
of beginning; thence departing said North ric.~t-of-way, Nort:~ 00°00' 00" East, 145.00 feet
to the point of begin:-:ing; thence continuing '~erth 90°00`00" =ast, 431.33 feet to the
Lnited States Government Segregation Line as s-:o~~n on said record of SLrvet~T;
thence South 10°51'32" West, a~ong said SegreyGtlon Line a distance of 147.67 feet to sa®d
north right-of-way of 21st Street as marked b,~ a 5/8" rebar K-th cap marked R.C.E. 33cc8
as sho~.~n on Record of Sur~•ey; thence North 89°59'47" West, along said Forth right-of-way a
distance of 87.83 feet to the Southeast corre_ of the Califo=nia Water Service Parcel
described in Book 515, Page 355 of Official Records, marked bl~ a 5/8" rebar with cap
marked R.C.E. 33448 as shown o:~ Record of Surrey; thence along the East, North and West
lines of said California Water Service Parcel the following txee (3) courses;
1} North 20°49'50" East, 123.61 feet; thence
2) South 89°59'53" West, 54.89 feet; thence
3) South 00°00'00" ~~est, 115.53 feet to said north right-of-way of 21st Street; thence
North 89°59' 47" ~;est along said North right-of-kay a distance of 304.75 feet to the poiit
of beginning.
£XCEPT?NG THERErP.OM all petroleum, oil, natural gas, and prod~.~cts derived therefrom and
other minerals within or underlying said land Provided howeve=, that said first parties,
their successors and assigns, shall not use the surface of said land in the exercise of
any of said rights, but shall have the right to enter into a:~d use the sub-surf ace of said
land by lateral or slant drilling and boring for such purposes; provided, further, that n
so doing the first parties, their successors or assigns shall not disturb the surface of
said land, or any improvements thereon, or remove or impair the lateral or subjacent
support of said land, or any improvements thereon as reserved by Southern Pacific Railroad
Company, a corporation, and Southern Pacific Company, a corporation, in the deed recorded
April 4, 1945 in~Book 1244, Page 416 of Official Records.
PARCEL 7:
All that portion of "T" Street vacated by Resolution #481 of the City Council of the City
of Bakersfield, November 26, 1923, in the City of Bakersfield, County of Kern, State of
California, described as follows:
Beginning at the Southeast corner of Block 184 of said City of Bakersfield as delineated
on the "Sales Map of the Kern County Land Company" showing its subdivisions and additions
Our No.: 169560
B~IBIT "1~"
to the City of Eakersfield, dated March 10, 1904 and filed in the Office of the County
Recorder on April 19, 1904 in hook 1, Page 13 of Maps; thence East 10.94 feet; thence
~Torth 20®50', East 123.58 feet; thence West 54.89 feet to a point in the East line of
flock 184; and thence South 115.5 feet to the point of beginning.