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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.