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HomeMy WebLinkAboutMD Packet 3-02r~~ 3~. From: 16813271055 Page: 212 Gate: 314/2005 8:52:54 AM PROPOSITION 218 BALLOT CITY 4F BAKE~SFI~LD CUNSO~.~DA-~'EI] MA-,~N'TENA,,~TC~ DISTR[CT . ~ ~ ~ owaa~~r ~f t~~ ~,r~~l~s~ id~r~t~~~i~~ h~l~wi w~i~~ ~r~ ~ro~~~~~ Tlr~,i~ ~s~~~~~n+~~t bai~~t 1~ f~~ the u~~ of thc~ ~~~~~rty ~ nip a~~~~~~ax~~t~t ~.~all~t • f ~a~~r~~i~l,d ~~~a~~li~at~~ Ni~~~t~n~t~~c ~~~tri~t ~~M~~. Ti to k~~ ~ri~lu~.~c~ ~~ the tty ~, ~~iti~l~ t~ itt~l~~i~t~ ~vatl~i~ the +~1~~. '~~ ~~ ~~ur~t~~~ tl~i~ ~,a b~ used t~ ~~~r~~s ~fth~r ~u~p~t't ~~r ~r ~~'~' ~ ~ dividu~l b ;~~ auth+~ri2~d y t ~,,u~t ~~ ~i ~~d 1~~1~v~ ~y tie ~~~~r ~r, if the ~~rn~r ~~ ~~t atY 1~ r y ~~~e~~1'rl~»t ~ai~,~ ~ r~~r~~~titativ~ ~~ the ~wn~rr A~'~' ~~~~ ~~~~~~', ~~F~~'~ .T~ET+~~~ ~~1r~ E~~',~~E F',~+~~~ r.~~ OFk'TCIAL ASSESS1ViENT BALLOT ~: ~' ~~, ~ ti~. Pr~~+~rty ~wtl~r: ~ro~~rty ~~~cri~t~~~: ~~l ~s~~~wrn~~ts ~~~ll nit ~ ~x~c~d , ~~~*7~, ~~r ~q~i~~~ut. ~~u~llin~ unit, I~~ ~~~~ T~~ i~d~ivi~~~l au~~ ~~~u~~, ~~~~ssn~.~~ts may it~~r~a~~ ~y the ~~~t ~~ livii~~ r~f~~~t~d in t~,~ l~~s ~aa~~l~~ ~uh~~~u~~t y~~~~ ~ lm~r Fri~~ ~~d~~, l~~v~i•~i~~ ~- ~ran~~ ~~ut~ty 1 ~.il Llr~iau ~~n~uix~~,r ~ +~an~~ A~~E~~~tE1~T ~A~L~T 1'~~A~~1I~E ~ha~l the pity ~out~~il ~-f the ~"~t~ ~f 13ak~r~~fi~~d in~lu~~ the above t1~~~~ib~d m ~'~~ ~r~~~rt~ wi~~in tl~e ~~~-~~lidate~ ~ait~t~nan~~ ~~~trict aril l~uy an a~~~~srnent nit t~ ~~xc~~d ~ loo ti1~ t~r~~unt ~~t firth a~~~~~ ~w~~r ~igr~atur~: ~n --~ Title ~~~'r~~r~.e~~rtrr~.g c~~~r~~.~r~; I~at~: ~-- This fax was received 5y GFI FA~Cmaker fax server. For more information, visit: http:llvwvw.gfi.com 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 ~CMDj. 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 no# an individual, by an authorized representative of the owner. [T4 CAST THIS BALLOT, PLEASE RETURN THfS ENTIRE PAGE] OFFICIAL ASSESSMENT BALLOT Properly Owner: Y~ Property description; ~~~ (address, lotlblocklfract orother legal descr~plronl The individual annual assessments for fiscal year 2004-2005 shall not exceed $1, 6 7Q per equivalent dwelling unit. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles-Riverside-CJrange County All Urban Consumer's Consumer Price Index. ASSESSMENT' BALLOT MEASURE Shall the City Council of the City of Bakersfield include the above described Yes property within the Consolidated Maintenance District and levy an assessment not to exceed 0 No the amount set forth above? Owner Signature: Title (if representing owner); Date: ~' PLANNING APPLICATION PACKET - LAND DIVtSlON SUPPLEM~'NT.DOC February 5, 2007 P'M 1 1 ~i~$ PROP(?SI'TION 218 BALLOT CITY OP BAKE125FIEL1) CQI~`SOLIDATED MAINTENANCE DISTRICT t ~s the use ~f ,~ ~~ ~~ ~ o~`n~~ of ~.~ ~ar~e~~s~ ~d~~tifi~~. ~~~ow, T~.s ~.s~~s~~~nt ~all~ ~~~ ~ ~' ~' ' ~~ in~~u~.~~ i~ ~ ~~t o~ ~~r~~~~~~. ~~n~~li~d~t~d lt~a~t~~~~~ I~is'~t ~~1~1~ are ~ra~~~ed t~ ~ T ' s+~ss~.~rr~.t ~ba~l~~ :~~. ~~ ~s+~~ ~~ ~~:~r~ss ~~th~x ~~~rt for or ~~~~~~ti~~. t~ ~' ~ T~ ~~ ~~n~~~ ~i ass~~~s~~~t ~~.~a~t ~u.~~t b~ s~~~d ~~~ov~ ~y e er ~r i~`~he ~wn~r ~s nod . i~~v~~:~~,1, t~ ~ a~~~~id r~~r~~~ntati~r~ ~f~~ ~wn~~. awn , [TD ~AS2' T.,~S ~.~LL(]Tx P~.EA.SE R~T~TRN T.F~TS E1VTI.RE PA~.~"J OFFICIAL ASSESSMENT BALLOT ~r~~~~3~ ~~,~~: Ennis Homes, ~r~e. ~~'r~~~rty ~.~s~ri~ti+~n: Tract 6165 Phase l {dc~d+-~ss, ~acl~l~~~/t,~r~i pr ot~t~ I~,~~i ~ ind~vi+~i~~ a~ as~~s~~.~~ts sal ~:~.t ~~~~~~~. ~ ~~~.'fi~ ~e~ ~~,u~~~ent ~w~~~~n~ 'T~. .. ' eh ~~~~~ `+~e~.t ~', an~~ ~.~~~ss~n~~ ~a~ ~,~.~r~as~ ~y ~x~ cyst o~ hv~~~ ~e~~c~e~ ~ u~~. ~ q ~ , ~~ L~~ .~ ~~~~~-~.1v~rsi~.~~~r~n,~~ ~~nt~rl~~~ ~~~an ~~an~`~~s ~~:~.~~ ~'r~~e ~a.~.e~. A~~~~'T~I~~T I~~T,~ a1~~rs~i ld ~~1 ~ ~~ ~~ ~~~~~ d+~s~xi~~d ~~~~ ~ ~ ~. p-.ro~ w~t~~, ~ ~or~~~li~at~~: l~~t~~~~~ ~i~fi~ct ~~.1~v3~ ~~~~ss~~~t ~;~t to ~~~~~d ~ ~ the ar~ou~.t ~~t ~~ ~~av~~ +~u~~r ~i+~: ~~~~~ ~~~~.~~~,~~~~~~ ~~,~~.~+ Brian Ennis, President ~~t~: 5:~f~nn+la1 1~~~mt8utoudoc oti~aros PROPOSITION 218 BALLOT CITY OF BAKERSFIELD CONSOLIDATED MAINTENANCE DISTRICT This assessment ballot is for the use of the property owner of the parcel(s~ 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. [T0 CAST THIS BALLOT, PLEASE RETURN TH1S ENTIRE PA~EJ OFFICIAL ASSESSMENT BALLOT i. Properly Owner: i Properly description: ~C~~~G-~ t~~IC1,P,a~IUS~CYIP,GI~O~D'~~~~ (address, lot/blbck~rac# or other legal description) The individual annual assessments for fiscal year 20~-2005 shall not exceed $'t46~70 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 Consumer's 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? Uwner Signature: ~~ l ~ V "`'` V urr i~ . i rr~i i r.~rri i~..~r.rrrw~.~rr. r+rr~ Title (-~ representing owner): Date: PLANNING APPUCA?'ION PACKET"-LAND D1VIS1ON SUPPLEMENT.DQG February 5, 2007 PROPOSITION 218 BALLOT CITY OF BAKERSFIELD CONSOLIDATED MAINTENANCE DISTRICT ~~ This assessment ballot is for the use of the property owner of the parcel(s) 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 ar, 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 BALLOT Property owner: Highland Panama LLC, a Delaware Limited Liability Company Pro ert descri tion; Parcel Map 1I69I p y P (address, lot/block/tract orother legal) The individual annual assessments for fiscal year 2004-20x5 shall not exceed 146.7U per equiva~rrfi dwelling unit. NOTE: In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles--Riverside-Orange CountylAll 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 4 No the amount set forth above? owner Signature: Greg Wo~Cworth T1tle (if representing owner): res~ end ~~ Date: S:1PI~umi~glMninEenance DistrictxllUnllol,d~x UIIl3lU5 ~EC~9~~'-~~ a t7` tj ' ~, ' S ,~ , dune 4 , 19 ~ 5 city of Bakersfield Public Works Department 1501 Truxtun Ave. Bakersfield, CA 93301 Gentlemen: We hereby request that a maintenance district be formed for the assessment for the maintenance of any future park and/or landscaping within the limits of Parcel 1 of Parcel Map No. 7653 as the result of the development of said Parcel 1. ri-Kern Financial, Inc. ouglaox,~ Preside ;~' y, ~ o ~. Stockli, r., vise President Dec~~02 04 08:39~a Manuela or Jean Pierre 559-226-3646 p•3 t 1 n 11.~1~~~0~~ 01: ~.2 ~6~I3271~~5 ~ ~ ~ 0 Ml7 3-~2 September ~~, ~~0~4 ~i~y o~ f~afc~rsfie~d ~ ~ublf~ Wo~~ ~-~p~rtmer~t . Attn; Marian R, ~h~w ~~~ ~ Tr~x~un Av~nu~ Baf4er~fie3d, ~afifornt~ 9~~~~i per Nf~. thaw: ~~~~ ~~~i ~e the ur~decs~ reed, a~ owr~or~ ~of the p~Re~Y ~n~fu~~~ v~~#~i~ t~~ ~bpv~e ~er~t~~ned bract hereby rug that the prop~~ky b~ i~oluded wi~kh~r~ ~h~ Cor~~ If.~~~,er~an~+~~is~i~t. . '#`ft~~ r~Q#~+t t~ ~~ ~C~~t"~c~r~~~ with .the r~~ufrernent5 of ~a~~r~~~~~ f~funf~fp~l ~od~ ~L:"°i~ ~~ ~ ~°~~ s~ ~~;~ ~~~~~et ~~ ~~ ~~~~~!~ ac r~~l ~;rp!t~ by the ~i~ to cover the ~o5t~ of this ir~c~u~ior# intd th~~~,~~ns~ ~d„ ~~d ~~~~:. ~"fir" ~urth+~r~'t~t'~, our ~~g~r~ear wf~~ suppfy You v4tft~t a +CC~rrtputer ~d~sl~ ~copy~ afi fhe map ~r your ~~e. we e~so wai~r~ our rs~ht ~ any and a~~ h~aring~ in a~ord~nce with the B~a~rn A~, ~f~e ~~2~~~r~Field f~unic~pai ~~e, and~or any other fa~v, +~an~~r~frrg the ~Orrnation of cr in~cfu~ion t~ the r~a~ntonar~c+~ di~trf~t. we fi~~r~ si~~~~ and ire re~u~nfng tf~e or~~~o~~~ Rr~pr~~f~f~n ~1~ bail+3t ~~ffi~raf Asses~rn~nt ~~!l~~~ in~ioat~t~~ our ~ansent ~~ ~h~ asses~ment~ ~e~ trey ybur~, ~~ ~~ ~ ,, J ~ ~ r~ J ~~• ~~ . +~~ ,... ~ r , .~ f • ` k~ .~~ ~,.. ~~~~~~ ° ,.~~u t=+~c. l ~'~, .> ; err/` YS ~~r1~1WP~*I~1~~~~•I~I+N11~~~~ ~l /~~ RECORDING REQUESTED BY: WHEN RECORDED MAIL T0: NORTHWEST MORTGAGE SERVICES, INC. P.0. BOX 601520 SAN DIEGO, CA 92160-1520 FILE N0. - 100903 ~~,~~~ r~-97 SERVICER - # Space a ove t is ine or recor er's use TRUSTOR - M NUNLEY NOTICE OF TRUSTEE'S SALE YOU ARE IN DEFAULT UNDER A DEED OF TRUST, DATED 4/15/86. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDINGS AGAINST YOU, YOU SHOULD CONTACT A LAWYER. On November 3,1997 at 10:00 A.M., Northwest Mortgage Services, Inc., as duly appointed Trustee under deed of trust executed by GLEN D. FERGUSON, BARBARA J. FERGUSON as trustor, recorded Apri124, 1986 as Instniment No. 044489 in Book 5865 Page 2455 of the official records of the recorder's office of KERN County, California, W~L SELL AT PUBLIC AUCTION TO THE HIGHEST BIDDER for cash, or casfiier's check (drawn and. payable at the -time of sale in lawful money of the. United States as specified in section 5102 of the Financial !!T TTT~^ Code), THE FRONT STErS yr i~ 3UILDING LOCATED AT 4500 CALIFORNIA AVENUE, BAI~RSFIELD, CA all right, title and interest conveyed to and now held by it under said Deed of Trust in the following described property situated in the aforesaid County and State, LOT 37 OF TRACT 4435 UNIT B IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, AS PER MAP RECORDED AUGUST 23,1983 IN BOOK 32 PAGES 123 AND 124 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY AND MORE COMPLETELY DESCRIBED IN SAID DEED OF TRUST. 6200 CASTLEPOINT APN 371-362-33 BAKERFIELD, CA 93313-0000 The undersi ed Trustee disclaims any liability for any incorrectness of the street address and other common desi ation if an shown herein. Said sale will be made, but without covenant or warranty, expressed or gn Y~ ' din title ossession or encumbrances, to pay the remaining principal sum of the note(s) secured implied, regar g , p , ' eed of trust with interest thereon, as rovided in said note(s), advances, if any, under the terms of the by said d p . of trust estimated fees char es and ex enses of the trustee and of the trusts created by said deed of trust, deed g p to-wit $85,328._64. DATED: October 13,1997 NORTHWEST 1VIORTGAGE SERVICES, INC., as trustee _, 3636 Camino Del Rio North; Suite 200 ~ ~. .. San Diego, CA ..92108 BY: ,`'(619) 528-4688 (916) 387-7728 -SALES INFORMATION Page 1 of 1 / ~~ ~ J ~~~ ~~-~ • . . ..~ ,~ ors ~~ ~ r o .~~u ~ ul ~~r sors ., - oun o ern ~a~~ ' ~ ~' . o t orn~a~~y . . ~ --~ . . . .~ ... .-. ..: ~. J, ' . .___ Ia the matter of: CITY OF BAKERSFIELD Resolution No.....~~-~~..~............~ MAINTENANCE DISTRICT N0. 14; APPROVE Reference No ,,,,,$,~~,~,5,~a;,;,,,,,,,,,,,~ FORM OF RESOLUTION OF INTENTION AND ;~ . BOUNDARY MAPS, AND CONSENT TO FORMA- %~ ,. TION OF MAINTENANCE DISTRICT N0. 14. ~.,. I, SHARON SALQUIST, Clerk of the Board of Supervisors of the County of Kern, State of California, do ~, hereby certify that the following resolution, proposed by Supervisor Austin ~ ,seconded by Supervisor Ashburn ,was duly passed and adopted by said Board of Supervisors at an official meeting hereof this....8th..... day of ......October .............. ~ 19...85...., by the following vote, to wit: AYES: Ashburn, Austin, Larwood, SHAR Harvey, Shell 0~ sUp ON SALQUIST ~Q Sta f Supernso~s, County of Kern, NOES: None .~, p to of California AA w ~~ . ABSENT: None _ ~~ ,, Deputy Clerk Section 1. WHEREAS: (a) The City of Bakersfield intends to form a park maintenance district (pursuant to Chapter 26 of Part 3 of Title 7 of the California Streets and Highways Code and Title 13 of the s Bakersfield Municipal Code) for the maintenance of a park and related improvements to be located at the southeast corner of Harris and Akers Roads, in the City of Bakersfield; and .. , (b) Certain of the property that will benefit from the r maintenance of such park is located outside the Bakersfield city .limits and within the unincorporated area of Rern County; and^ . tc) It is necessary that prior to including unincor- • porated territory within such a district, the City of Bakersfield must receive the consent of this Board of Supervisors; and. td) The City of Bakersfield has submitted to this Board, for approval, its Resolution of Intention to form the subject ~ maintenance~distri • ct, and has requested this Board consent to certain property located outside the boundaries of the City of ~ 85-619 Bakersfield and within the unincorporated territory of Rern County being included within the boundaries of the proposed main- tenance district; and ~~~ t;e.a The City of Bakersfield has assured this Board that . ~ > ,.. under no circumstances will the County of Rern be liable for the payment of any costs, damages or assessments relating to the subject project; and . Section 2. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Board of Supervisors of the County of Rern, State of California, ag follows 1. That the Resolution of Intention to form a mainte- Hance district for City of Bakersfield Maintenance District .~ No. 14, presented to this Board by the City Council of the City of Bakersfield, is hereby approved. 2. This Board hereby grants its consent: A. To the formation of the maintenance district referred to in said Resolution of Intention; and ' B. To the assumption of jurisdiction by the City Council of the City of Bakersfield for all purposes in .connection therewith. 3. That the plats indicating by boundary lines the extent of the territory included in the proposed maintenance dis- c r trict, submitted by the City of Bakersfield and on file with the Clerk of this Board,. are hereby approved. 4. That the City of Bakersfield shall file with the Clerk of this Board a copy of the map or maps showing the final boundaries of the subject district immediately following the recording of said map or maps. . 5. That the Clerk of this Board shall forward copies of this resolution to the following: Y CITY OF BARERSFIELO ~ COUNTY OF KERN City Clerk Public Works Department 1501 Truxtun Avenue ~ ~ 2601 "0" Street . Bakersfield, CA 93301 Bakersfield, CA 93301 . VI ~, J RESOLUTION OF INTENTION N0. 986 A RESOLUTION OF INTENTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD TO ESTABLISH MAINTENANCE DISTRICT N0. 14 (AKERS AND HARRIS). a .~ 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, a written request has been transmitted to 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 Manager recommends such formation; and WHEREAS, the City Council intends to establish such a district to be designated Maintenance District No. 14, the exte- . rior boundaries of which are hereinafter specified and described. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield, State of California, as follows: 1. The foregoing recitals are true and correct and the City Council so finds arrd determines. 2. ,It, is the intention of the City Council of the City of Bakersfield to order the establishment of a maintenance dis- trict under the. provisions of said Chapter 13.04, which district shall be designated Maintenance District No. 14, generally . described in Exhibit "A" attached hereto, to maintain and operate the local improvements also generally described in said Exhibit. 1 4 . , ' T , ~~ 3. The City .Council hereby declares that the territory within the boundaries sd specified and described is the district benefiting from said local improvements; that the expense of ~~ maintain3;t~gh~and operating said improvements is hereby made ,. . assessable upon said district; and that the exterior boundaries of said dids.trict are hereby specified and described to be as shown orr that certain map now on file in the office of the Clerk- of the City of Bakersfield and in~ the office of the Public Works Manager, entitled "Map and Assessment Diagram for Maintenance District No. 14, Bakersfield, California, for Fiscal Year lyaS-1y86," which map indicates by a boundary line the extent of the territory included in said proposed district and shall govern ,~ for all details as to the extent of the maintenance district. 4. The City Council hereby reserves the right to per- form the work of maintenance and operation of the public improve- ments by City forces, such determination and election to be made for each year at the time the budget and assessment 'is approved ~~ for the year in question. 5. The City Council hereby refers said proposed mainte- Hance district to the Public Works Manager, and hereby directs said Public,Works Manager to make and file with the Clerk of the City Council a report in writing containing a budget and the r other matters specified in Sections 13.U4.12U and 13.U4.13U of Chapter 13.04 of Title 13 of the Municipal code of the City of Bakersfield, which will apportion the assessment representing the cost of maintenance and operation, if any, according to the for- mula set forth in Exhibit "B" attached hereto, and hereby sets September 11, 1985, at ~I:OO p.m., or as soon thereafter as the matter may be heard, at the Council Chambers of the City Council, 15U1 Truxtun Avenue, Bakersfield, California, as the time and . ~ place for hearing protests. on the establishment of this district and related matters. • .,n„ ~ i ~ i ,. /l , , . ., ' f1 I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on the ~ day of _ August ~, . i~ 1985 b ~~h~ followin v t y. g o e .:..:_ . 11ES: Cp(JN~uEN: dApTON, CHIL06. CHAISTENSEN, p~l(FR~,,ON, t~00RE RA'RY, pQCKOFi A NO[S: COiINCILwEN: A~06ENL C0UMC1lMEN: ~g~yp: COUNC~IMEN: CITY CLERK and Ex Officio Clerk of the . ~ ~ Council of the City of Bakersfield APPROVED this `day of _Au~ust , 1985 . -- MAYOR of the City o.f B ersf field. APPROVED as to form: -' ~~ ,- ~~ ~ CITY ATTORNEY f ~ the Cit of Bakersfield •. ,`/ ~' EXHIBIT "A" .; BOUNDARIES OF DISTRICT ~~ MAINTENANCE DISTRICT N0. 14 + ' .; - - ._ . ,; . r ~,~ A parcel of land situated in the County of Kern, State of California,~being a portion of Sections 23, 24, 25, and 26, Township 30 South, .Range 27 East, M.D.B., more particularly described as follows: Beginning at the intersection of the north line of said Section 23 with the .west line of the east 30' of said Section 23; Thence fl) Southerly along the las -named west line to intersect the westerly prolongation of the north line of Tract 4060. recorded September 6, 1979, in Book 29 of Maps, Page 87, in the Office of the County Recorder of the County of Kern; Thence t2) Esterly along the. last-named north line to intersect the east line of said Tract 4060; Thence (3) Southerly along the last-named east line and southerly extension .thereof. to intersect the south line of the north 30' of said Section 25; Thenc~~(4) Westerly along the last-named south line and the south line of the north 30' of said Section 26 to intersect the west line of the east 30' of said Section 26; Thence (5) Southerly along the last-named west .line to intersect the north right-of-way line of the Arvin-Edison Water Storage , District~Canal as said canal right-of-way is defined in Parcel 1 C-2 of that certain Order of Condemnation recorded in Official Records Book 3972 at Page 196 of the Office of the Kern County Recorder; Thence t6) Westerly along the last-named north right-of-way line to intersect the east line of the west 30' of said Section 26 Thence (7) Northerly along the last-named east line and the east line of the west 30' of said Section 23 to intersect the north line o~f said Section 23; Thence (8) Easterly along the last-named north line and the north line of said Section 23 to the Point of Beginning. Map AND ASSESS~~ENT DIAGRAM F0. . MAINTENANCE DISTRICT N0.14 BAKERSF/ELD, CAL/FOR/U/A ~- FOR FISCGL YEAR 1985-1986 .; .; ~~~ 4 0 h . _~ 1 ~• PJIG~EGO 8040 ~tS) ~ . . ~_,_ •.. ... .. : n ::1' This r:".~ ('0"':1'1: 1,.. :.. y ~~ 11~~ tt '• a.. 1. •.~:. ~~. ~• .1' • a a.~• • a• ~~. .~~. ~ .. ~ w'~,i a 1.11! 1~ na :Ilr ~~r., ~.~ I~~1 1:. ~~ .1 1::: 1.. .• .. ~' ~ a 1. ' . ~, i ~ i~• • ~9tS. .. 1f 1• , . .,;~ C6) V .• , ,J EXHIBIT "A" IMPROVEMENTS ~~ ~ ~ ..~~ .~ All of the~.~following improvement items may or may not be applica- ble for,this maintenance district. However, the improvements generally are parks, medians, parkways and street landscaping, including, but not limited to, walls, signs, recreation and play equipment, slides, swings, play structures, game courts with lights, picnic facilities, cabanas, tables, barbecues, trash cans, drinking fountains, benches, storage buildings, and restrooms, and all drainage facilities, .irrigation systems and equipment, plumbing, structures and fixtures necessary or inci- dental to the installation, maintenance or use of the above- mentioned items; and certain wills, fences, plant forms, trees, shrubs, ground covers, hedges, sidewalks, walkways, parking areas, landscaping, and landscape appurtenances, poles, posts and signs, security lighting and equestrian easements, \ ~ 4 EXHIBIT "B" ~~ MAINTENANCE DISTRICT N0. 14 CITY OF BAKERSFIELD BENEFIT FORMULA The various lots and parcels within the district shall be assessed at the following rates: For each assessable lot or parcel the assessment shall be: 1. R-1 Residential Zone or Use Assessment shall equal the dollar amount determined by: A portion of the total number of dollars budgeted by the district for maintenance and. operation of the assessment . district for the year in which the assessment is levied equal to the dollar amount allocated to maintenance and operation for that year of any and all improvements in the district for the park and any improvements in or on the park or incident thereto, tP), divided by the sum of: the number of detached dwelling units constructed or per- mitted to be constructed in the district* tDl), and the number of attached dwelling units constructed or per- mitted to be constructed in the district** tD2), ,. multiplied by the numeral .7 Assessment = P Dl + .7D2 See Paragraph 3 below. r 2. Multiple Residential Zone or. Use Assessment shall equal the dollar amount determined by: A portion of the total number of dollars budgeted by the district for maintenance and operation of the assessment district for the year in which the assessment is levied equal to the dollar amount allocated~to maintenance and operation. for that year of any and all improvements in the district for the park and any improvements in or` on the park or incident thereto. (P), multiplied by: the number of dwelling units constructed or permitted to ~, be constructed on the lot or parcel; (DL), multiplied by the numexal .7 and divided by the sum of: the number of detached dwelling units constructed or per- ' mitted to be constructed in the district*, tDl)~, l r ~ a and . . the number of attached dwelling units constructed or per- witted to be constructed in the district**, (D ), 2 -, multi~l.ied by the numeral .7 Assessment = (P) .7D L D1 + .7D2 See Paragraph 3 below. . 3. In addition to the above, maintenance of any street and park- way landscaping and walls required for or provided by any new development within the Maintenance District shall be paid for by the property owners within that development. * Detached Dwelling Units ~tthose dwelling units not joined to any others by any common walls) are deemed permissible in areas zoned R-1. The number of detached dwelling units,per- witted to be constructed on a lot or parcel shall'be deemed to be the numeral 5 multiplied by the number of assessable acres, or portion. thereof, in the parcel or lot, rounded off to the nearest whole number. ** Attached Dwelling Units (those joined to another by one or more common .walls) are deemed permissible in, areas zoned R-2, The number bf attached dwelling units permitted to be con- structed on a lot or parcel shall. be deemed to be the numeral 12 multiplied by the number of assessable scares, or portion thereof, in the parcel of lot, rounded off to~the nearest whole number. F' ~: ~~ <` ~',.~ "'® V ST]EW~RT TITLE 4800 Stockdale Highway, Suite 100 -Bakersfield, California 93309 (805) 322-6011 N~3ER CALIFORNIA LAND TITLE ASSOCIATION PR~GIMINARY TITLE REPORT ATTN: Don Hoggatt CITY OF BAKF.~R~SFIELD DEPT. OF PUBLIC WORKS 1501 Truxton Ave. Bakersfield, CA 2nd Amended Report DATE : August 13, 1984 POLICY RATE: OUR N0. 131070 YOUR N0. : DATED AS OF 7:30 A.M. August 6, 1986 In response to the above referenced application for a policy of title insurance, Stewart Title hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Stewart Title Guaranty Cry Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception in Schedule B or not excluded fran coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached list. Copies of the Policy forms should be read. They are available from the office which issued this report. THIS REPORT, (AND ANY SUPPL~E~,NTS OR AN1E~IDN~]TS HERETO) IS ISSUID SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HIEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUN~D PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE A BINDER OR CON1NlITN~1T SHOULD BE REQ~JESTED. The form of policy of title insurance contemplated by this report is: 1. California Land Title Association Standard Coverage Policy (X) 2, American Land Title Association Owners Policy Form B ( ) 3. American Land Title Association Residential Title Insurance Policy ( ) 4. American Land Title Association Loan Policy ~ ( ) ~, ~~. r` ,; ,- ,,. ~ ~ ~ , Title Officer-I~~rry Mendez l ~ h ~Mr~~~~~~~ i Order No.: 131070 SCI~tJI-E A 1. The estate or interest in the land described herein and which is covered by this Report is: A Fee 2. The estate or interest referred to herein is at Date hereof vested in: ANGIE DELFINO, a widow, as to an undivided 1/2 interest, and vICTORIA ANN DELFINO, as to an undivided 1/2 interest, by document dated October 17, 1984 NOTE: IT IS OUR UNDERSTANDING THAW TITLE TO SAID ESTATE OR INTE~~;ST AT DATE OF ISSL~NCE OF SAID POLICY IS TO BE VESTID IN: N/A 3. The land referred to in this Preliminary Title Report is situated in the State of California, County of Kern, and is described as follows: PARCEL 1: Lot 19 of Section 23, To~+mship 30 South, Range 27 East, M.D.B.M., in the unincorporated area of the County of Kern, State of California, according to the Sales Map No. 1 of Lands of J. B. Haggin, recorded May 3, 1889 iri the Office of the County Recorder of said County. EXCEPTING TJE~~REFROM an undivided ~ interest ixi and to all oil,. gas, and other hydrocarbon substances underlying the same as reserved in Deed from Bank of America National Trust and Savings Association, a corporation, guardian of the Estates of l~~.ry Garcia, Lena Garcia, Thresa Garcia and Dorothy Garcia, minors, and Tony Garcia, dated October 10, 1939 recorded Janu~~ry 8, 1940 in Book 923 Page 93 of Official Records. ALSO EXCEPTING TJHERg'RUM an undivided ~ interest in fee in and to all oil, gas, minerals and other hydrocarbon substances lying in, under or upon said real property, but subject to the equitable lien imposed and established thereon in that, certain agreement dated March 14, 1955, entitled "Distribution Agreement, Bellucani.ni Brothers", and recorded on April 4, 1955 in Book 2402 Page 43 of Official Records of Kern County. PARCII, 2: All of Lot 20 in Section 23, .Township 30 South, Range 27 East, M.D.B.M., i.n the unincorporated area of the County of Kern, State of California, according to the Sales Map No. 1 of Lands of J. B. Haggin, recorded May 3, 1889 in the Office of'-~the County Recorder of said County. Order No: 131070 CONTINUATION OF SC~iIDULE A ALSO EXCEP'T'ING T1E~E'ROM an undivided ~ interest in fee in and to all oil, gas, minerals and, other hydrocarbon substances lying in, under or upon said real property, but subject to the equitable lien imposed and established thereon in that certain agreement dated March 14, 1955, entitled "Distribution Agreement, Belluc~nini Brothers", and recorded on April 4, 1955 in Book 2402 .Page 43 of Official Records of Kern County. Order No.: 131070 SCHEDULE B At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions contained in said policy or policies would be as follows: 1. General and~Special taxes for the fiscal year 1986-1987, a lien not yet due and payable. la. Tax sale to follow. 2. The lien of supplemental taxes, if any, assessed pursuant. to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California. 2a. Supplemental taxes for the fiscal year assessed pursuant to the provisions of Chapter 3.5 (cc~encin~ with Section 75) of the Revenue and Taxation Code of the State of California; REPORT ORDERID. 3. Rights of the public and the COU~~'I'Y OF KERiV in that. portion of said property lying within the line of Harris Road, as it now exists. 4. Oil and Gas .lease, affecting the premises herein stated, executed by and bet`aeen the parties named herein .for the term arr~1 upon the terms, covenants and conditions therein provided,-dated August 10, 1961, Lessor JOSEPH BE~LUUMINI, INC., a corporation, Lessee TE~C~O, INC., a Delaware corporation, recorded September 18, 1961, Book 3416, Page 83, Official Records. Affects said land. The present ownership of said leasehold and other matters affecting the interest of the Lessee are not shown herein. 5. Oil and Gas lease, affecting the premises herein stated, executed by and between the parties named. herein for the term and upon the terms, covenants-and conditions therein provided, dated June 22, 1981, Lessor THERESA MURPHY, who acquired title as THERESA GARCIA AND DAVID H. MURPHY, her husband, Lessee CH]E~'RON U.S.A.,. INC., a corporation, recorded November 23, 1981, Book 5420, Page 134, Official Records, Affects Lot 19 of said Section. The present ownership of said leasehold and other matters affecting the interest of the Lessee are not shaven herein. Order~No: 131070 CtJNTINUATION OF SCHEDULE B 6. An Action in the Superior Court of the State of California, in and for the County of Kern, Case No. 192530 entitled HOMESTEAD LAND DEVE'LOPN~IT CORPORATION., a California Corporation, Plaintiff vs. ANGLE D~LFINO AND VICTORIA A~1N DELFINO, and Does I .through X, inclusive, Defendants, wherein it is sought to cc~el specific performance of a writted contract, a Notice of said Action was recorded October 11, 1985 in Book 5806, Page 5946 of Official Records. 7. Oil and Gas lease, affecting the premises herein stated, executed by and between the parties named herein for the term and upon the terms, covenants and conditions therein provided, dated Dece~ber 20, 1985, Lessor DOROTHY G~4RCIA, a single woman, Lessee CI~ON U.S.A. INC. , a corporation, recorded February 28, 1986, Book 5847, Page 2197, Official Records. The present ownership of said leasehold and other matters affecting the interest of -the Lessee are not sham herein. 8. The interest if any of the spouse of Victoria Ann Delfino, if any. 9. The effect of documents, proceedings, liens, decrees~or other matters which do not specifically describe said land, but which, if any do exist, may affect the title or impose liens or enc~brances thereon. The rian~e search necessary to ascertain the existence of such matters has not been completed and will require a statement of information from ANGLE DELFINO in order to complete this report. ~~~ ~~ ~~ ~~ ~~ 1 ~ J Z ~ J!L ^' ~ .~ ~'~.* r~ ~~ ~.. s ~ n• '~ .. ~ ~ '~ `,~ ~ 1ti,; ~t' r :.~'" . ! ... ,~ .. ,', ., .` ~ : ~~ ~. ~ ~~ ',r ~~ .. ~:~ ~. ; ~ ~ ~ f. ~, ~ r r ' "' ~ ~~, 1': ~7 LM •i ~ Jv r I • ~ ..~• , +~ ~' • _ ~~ ~ , ~, ..~ , ~: ~ ~~ q~ ~' .~..~ ... . r+~ .~~k ~I Y ./ 1 N x S 8 ~~ s ~O M Nao~-~ ~~ : N ~q ----~ r W v i 0 N L.IST.OF PRINTED EXCEPTIONS Af~D EXCLUSIONS 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE ~PO,LICY -197.3 SCHEDULE B This policy does not insure against~loss or damage, nor against costs, attorneys' fees or expenses, any or all of which arise by reason of the following: Part I~ 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority .that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown bythe recordsofsuchagencyorbythepublicrecords. 2. Any facts, rights, interests or claimswhich arenotshownby the public records but which could be ascertained by an in- spection of the land or by making inquiry of persons in pos- sessionthereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records: 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or excep- tions in patents or in Acts authorizing the issuance thereof; (c~ water rights, claims or title to water: 6. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred to in Schedule A, or in abutting streets, roads, avenues, alleys, lanes,. !ays orwaterways, but nothinginthisparagraphshall modifyor .emit the extent to which the ordinary right of an abutting owner for, access to a physically open street or highway is insured by this policy. 7. Any law, ordinance or governmental ,regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions, or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records. 9. ~: Defects, Liens, encumbrances, adverse claims, or other matters {a) created, suffered, assumed or agreed to by the insured claimant; (b}-not shown by the .public records -and not otherwise excluded from coverage but known to the insured claimant either at Date of Policy or at the date such claimant acquired an .estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company priortothedate such insured claimant became an insured hereunder; (c} resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy;. or (e) resulting in loss or damage which would not have been sustained if the insured claimant had been. a pur- chaser orencumbrancer for value without knowledge. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B -1970 (AMENDED 10-17-70~ SCHEDULE OF EXCLUSIONS FROM COVE RAGE 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoymen of the (anal, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental.regulation. 2. .Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant: (b} not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest by thispolicy and not disclosed in writing by the insured claimant to the Company prior. to the date such insured claimant became an insured hereunder; (c) resulting inno loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy,, (e) resulting in loss or damage which would not have been sustained if the insured.claimant had paid value for the estate or inte{est insu-red by this policy. '~~ (List of Printed Exce~piions and E-xcl~sions ~~ontrnu~ed onReverse Side) JUAN E. ARRACHE, JR. THOMAS S. CLARK DAVID B. POTTER ARRACH E, CLARK S, PATTER . ATTORNEYS AT LAW 5401 CALIFORNIA AVE., 5UtTE 301 BAKERSFIELD, CALIFORNIA 93309 TELEPHONE (805} 328-1800 August 7, 1986 Bruce Beaudoin & Associates 140 South Montclair Bakersfield, CA 93309 OF COUNSEL THOMAS C. FALLGATTER Re: Angie and Victoria Delfino Proposed Acquisition Portion Tract No. 4802 Dear Mr. Beaudoin: Thank you far sending the copy of Stewart Title's June 9, 19$6 Preliminary Title Report. There are at least two errors in the report. The Report indicates that title is vested in Angie Delfino. The Report does not reflect that an interest in the property was conveyed to Victoria Delfino by a deed recorded in October or November, 1984. . ~, Exception No. a describes a deed of trust. That deed of trust. has been long since paid off and, presumably, recanveyed. ..Exceptions 4, 6 and 8 relate to entered into by persons who apparently the mineral ri__ghts. My clients have whether or nat such leases are still in If you have any questions, please Sincere oil, and gas leases owned a portion of na knowledge as to effect. .contact me. 1 , ARRACH,~ , ~AR~ THO~~A~ TSC/ees cc: Victoria Delfino BRUCE BEAUDOIN & ASSOCIATES, INC. 140 So. Montclair St. --- - Bakersfield, CA 93309 °- ;,,~~ Bruce A. Beaudoin (805) 834-9700 I ~...,d (~' Real Estate Appraisers MAI, SRPA, ARA ; x ~.~ , r ~~and Consultants ~~ ~: August 11, 1986 ~~ .i . . ~~~ City of Ba ker sf i e1 d Public ~1or ks Department 1501 Truxtun Avenue Bakersf field, California 93301 Attention: Mr, Ed Schulz Dear Mr, Schulz: Re: File #3970: Appraisal: Proposed Park Site SE corner Akers & Harris Bakersfield, Cal if or ni a Enclosed you will f find a 1 etter from l~r. Thomas S. C1 ar k indicating errors in the preliminary title report, prepared by Stewart Title Company on the property ref erred to above. t~oul d you please forward me an amended copy of the report upon your receipt, Thank you for your cooperation in this matter. Sincerely, Bruce A, Beaudoin MA1, SRPA,, ARA BAB:aks Enclosure l .~., ,.. i~roperty Management Department ~~~ _:, `~,' ~. Q ~ i~Al.PN L. RUDlE County of Kern: Director ~43~ Truxfun Avenue, Sulte 50.1. ~ ~rffff.~tfr f~ ,1~ o '' 8akeratiaid, Calitarnla 9330 , •= ~~ ..... 186 : ~ 5 861 b ~ , . ne 80 Telep o ( } ;~. . . ,,, ,, ~~ ~'~ . , . I ~~- ~~ E ` ~ _ ;~t HAND D LLVERED TQ ., . ;. `~i' ,; CITY CLERK ~.. ~~ .. ~~/ ~~ `~1.1 Ct 'Y C~.E~~ Yff~~~ffl~~ff~~~•~ PRO~~R~'Y MAM~~4G~N~E~1T D~~ARTMENT In rept~ P~~ut nrtet . to: ~--4a - PD~L~G September ~, 198~~ W~DRKS - Sums - G~~er~~. tProposed A~ssessrnent by City on County Surn~s t~th Maintenance Distract Mo. 1~ } Supervsoral Dstrzet ~ : City off. ~akers.f etc 1~D1 ~ruxtun Avenue akers~ield~ California 93301 ~~n~l em en : '~'h;e County presen~lY rnair~tazns two drainage d etention ba ins `wxth~. groposed Maintenance District No. 14. 1t is our' understanding a~'~er - talkng with ..Don. Hoggat ,Park and Landscape. Designer with the +~%t~ o€ 8a~ersfie~d' s Public Works Department, that and assessments ~.ev:ed are . ta- be on onlX residential type properties and that the County of Keen is eXC~.uded from these .assessments . Hawever~ _ if this is not the.. ~as~ then the County.~oces their objection to the proposed assessm~n~-and specifically requests that County property- be excluded f~'om within tho proposed Maintenance District. : S~.ncerel y , . RALPH L. RUDIE D~.rector RLR:AMVW:vb : - cc : supervisor Austin,, District #2 Public Wanks Director ~ ~: STATE OF CALIFORNIA--OfFiCE OF THE GOVE~ .~ GEORGE DEUKMEJIAN, Governor OFFICE OF PLANNING AND RESEARCH ~~~~°~~~. ,:,~., .~ 1400 TENTN STREET J SACRAMENTO, CA 95814 ~~~` ''~~ November 7, 1985 Jennie Eng Bakersfield Ci tv 1501 Truxton Avenue Bakersfield, CA 93301 ~916/~~5-0613) .~ ~, l~h' ~ ~. ,~ ttJJ/r' `~W 1` t~l ~ 1 ~. \ ~ ~ r ~~ , "~~,di E ~, r°~~ ~~ ~.. ~~T~ v ~)`~'~r~ ~IV`~` ,l ~ti r Sub~eet: Bakersfield Park Maintenance District 9 and Site SCH~ 85101~+1~ Iaear M s . Eng The State Clearinghouse selected state agencies the state agencies have complied with the State environmental documents Act. ~ r ^~ i i 1~ submitted the above named environr,1ental document to for review. The review period is closed .and none of cor.~nents . ~iis letter acknowledges that ou have C y learinghouse review requirements far c~raf t pursuant to the. California Environr~ental ~ality Please call Peggy Osborn at 916/~~5-0613 if you have an uestions re a Y q g rding , the environmental review process. When contacting the Clearin Ouse in thi ~',at ~ ~ S ter, please use the eight digest State Clearinghouse rnariber so that we respond promptly, ~ Sincerely, ~~ /. ._ ,. _ / % ~ ,, John ~. Ghanian Chief Depl~ty Director Office of Planning and Research . l (~~' ~ .LAC ,~~~o '' 1501 Truxtun Avenue Bakersfield, California 93301 (805) 326-3724 .* `~ ~~~~°~ ~ DALE HAWLEY, lVianager 0 C I T Y 0 F Sept. 13, 1985 , Tic~or Title Insurance 5300 California Ave. Bakersfield, CA 9330b Attention: I~Is. Lucy Bigger Dear Ms. Bigger: Per our discussion of this date, enclosed is the information regarding the proposed acquisition of a b acre park site by the City from Home- stead Land Development Corporation. Please open an escrow account and process the subject acquisition. Very truly yours, J. DALE HAWLEX By ~ ~..t-~ • . Ed Schulz Assistant Public Works anager Public Works Mana r i ~., ~y ES:pp Enclosure PARK SITE LEGAL, D~SCRIPTIO~t GRASS AREA: r • ,~,.. _......•.a or ~ ~ r o ` ~ ~ ~ ~ i .~ ~ ~ ru sons .~ ~ • ~~ . un ern ~a ~ -~~ 0 0 o i orn~a - -,~ . . ., J -. ~. ~ "~ ~ .. ~ ~ I Ia the matter oi: CITY OF BAKERSFIELD Resolution No.....~~-~~.~ ..............~ MAINTENANCE DISTRICT N0. 14 ; APPROVE r~, F OF Reference No ...,,$.~~.~.~.~?.- ............. ORM RESOLUTION OF INTENTION AND BOUNDARY MAPS, AND CONSENT TO FORMA- %; ,, TION OF MAINTENANCE DISTRICT N0. 14. ~. I, SHARON SALQUIST, Clerk of the Board of Supervisors of the. County of Kern, State of California, do 1 ~' hereby certify that the following resolution, proposed by Supervisor Austin ~ ,seconded by Supervisor Ashburn ,was duly passed and adopted by said Board of Supervisors at an official meeting hereof tbis.....8th..._, day of .,,...October .............. 19,..85,,., b the followin vote to wit: Y ~ ASS; Ashburn, Austin, Larwood, SHAR Harvey, Shell p~ SUP ON SALQUIST Q d of Supernsors, County of Kern, NOES: None .Q` p State of California ~ ~° .. c4 ~- ABSENT: None ~ B .. _ , Deputy Clerk RESOLU`~ n ' Section 1. WHEREAS: {a) The City of Bakersfield intends to form a park maintenance district {pursuant to Chapter 26 of Part 3 of Title 7 of the California Streets and Highways Code and Title 13 of the Bakersfield Municipal Coded for the maintenance of a park and related improvements to be located at the southeast corner of . -.. ... Harris and Akers Roads, in the City of Bakersfield; and . i {bl Certain of the property that will benefit from the maintenance of such park is located outside the Bakersfield city .limits and within the unincorporated area of Rern County; and tc) .It is necessary that prior to including unincor- • posted territory within such a district, the City of Bakersfield must receive the consent of this Board of Supervisors; and {d) The City of 8akerQfield~has submitted to-this Board, for approval, its Resolution of Intention to form the subject maintenance district, and has requested this Board consent to certain property located outside the boundaries of the City of Bakersfield and within the unincorporated territory of Rern County being included within the boundaries of the proposed main- tenance district; and 4e;1 The City of Bakersfield has assured this Board that > ,.. under no circumstances will the County of Rern be liable for the payment of any costs, damages or assessments relating to the subject project; and . Section 2. HOW, THEREFORE, BE IT HEREBY RESOLVED by the Board of Supervisors of the County of Rern, State of California, as follows: 1. That the Resolution of Intention to form a mainte- nance district for City of Bakersfield Maintenance District No. 14, presented to this Board by the City Council of the City of Bakersfield, is hereby ,approved. 2. This Board hereby grants its consent: A. To the formation of the maintenance district referred to in said Resolution of Intention; and ` B. To the assumption of jurisdiction by the City Council of the City of Bakersfield for all purposes in connection therewith. ` 3. That the plats indicating by boundary lines the extent of the territory included in the proposed maintenance dis- trict, submitted by the City of ,Bakersfield and on file with the Clerk of this Board, are hereby approved. 4. That the City of Bakersfield shall file with the Clerk of this Board a copy of the map or maps showing the final boundaries of the subject district immediately following the .. recording of said map or maps. . 5. That the Clerk of this Board shall forward copies of this resolution to the following: CITY OF BARERSFIELO COUNTY OF KERN City Clerk Public Works Department 15 O 1 Truxtun Avenue ~ 2601 "0" Street Bakersfield, CA 93301 Bakersfield, CA 93301 J RESOLUTION OF INTENTION N0. 986 A RESOLUTION OF INTENTION OF THE COUNCIL OF THE CITY OF BARERSFIELD TO ESTABLISH MAINTENANCE DISTRICT N0, 14 CARERS AND HARRIS. 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 r WHEREAS, a written request has been transmitted to 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 Manager recommends such formation; and WHEREAS, the City Council intends to establish such a district to be designated Maintenance District No, 14, the exte- rior boundaries of which are hereinafter specified and described, NOW,,THEREFORE, 8E IT RESOLVED by the Council of the City of Bakersfield, State of California, as follows: 1. The foregoing recitals are true and correct and the City Council so finds and determines, 2. It. is the intention of the City Council of the City of 3akersfield to order the establishment of a maintenance dis- trict under the provisions of said Chapter 13,04, which district shall be designated Maintenance District No. 14, generall Y described in Exhibit "A" attached hereto, to maintain and o erate p the local improvements also generally described in said Exhibit, r. ' ~ ~ •~ .. . ' , ~~ '' , I .. t~ 3. The City Council hereby declares that the territory within the boundaries sd specified and described is the district benefiting from said local improvements; that the expense of ~~ maintain~~g~and operating said improvements is hereby made . ,. assessable upon said district; and that the exterior boundaries of said dids.trict are hereby specified and described to be as shown on that certain map now on file in the office of the Clerk of the City of Bakersfield and in the office of the Public Works Manager, entitled "Map and Assessment Diagram for Maintenance District No. 14,~Bakersfield, California, for Fiscal Year 1y85-1986," which rnap indicates by a boundary line the extent of ttie territory included in said proposed district and shall govern .~ for all details as to the extent of the maintenance district. 4. The City Council hereby reserves the right to per- ' form the work of maintenance and operation of the public improve- ments by City forces, such determination and election to be made for each year at the time the budget and assessment is approved ,~ for the year in question. 5. .The City Council hereby refers said proposed mainte- Hance district to the Public Works Manager, and hereby directs said Public Works Manager to make and file with the Clerk of the City Coun~cfl a report in writing containing a budget and the . r other matters specified in Sections 13.04,12U and 13.U4.13U of Chapter 13.04 of Title 13 of the Municipal code of the City of Bakersfield, which will apportion the assessment representing the costJof maintenance and operation, if any, according to the tor- mula set forth in Exhibit "B" attached hereto, and hereby sets September 11, 1985, at 'l:00 p.rn., or as soon thereafter as the matter may be heard, at the Council Chambers of the City Council, 1501 Truxtun Avenue, Bakersfield, California, as the time and . place for hearing protests on the establishment of this district and related matters. , ~ _..,. ' 'Z~~ ._ ~1/ f ., ~, I HEREBY CERTIFY that the foregoing Resolution was ~; passed and adopted. by the Council of the City of Bakersfield at a regular meeting thereof held on the day of _ August , ~~ 1985, by'~trp following vote: .:.. N ~~ COUNCf14EN: ~AifTON, CHIl06. CHAISTENSEN, DICKER~.AN, M44AE N'TT1r, R4CKOFi ~r~a (rocs: couNc~c~E~~ . ,~asc++T: COUNCtIMEN: ~jµ~rp; CQUNCIIMEN: /~ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield . .APPROVED this `day of _Au~us..t _, 198.5 MAYOR of the City o.f B ersf field APPROVED as to form: ~ . ,. , ~~ . , ~~ ~ CITY ATTORNEY f the Cit of Bakersfield • , -- ~ . ~~/ ~~ EXHIBIT "A" ,, BOUNDARIES OF DISTRICT -- ~~ ~ MAINTF,NANCE DISTRICT N0. 14 ~~ ~~ ~~ . ;~ , A parcel of land situated in the County of Kern, State of California, being a portion of Sections 23, 24, 25, and 26, Township 30 South, Range 27 East, M.D.B., more particularly described as follows: .Beginning at the intersection of the north line of said . Section 23 with the west line of the east 30' of said Section 23; . Thence (1) Southerly along the last-named west line to intersect the westerly prolongation~of the north line of Tract 4060 recorded September 6,, 1979,. in Book 29 of Maps, Page 87, in the Office of the County Recorder of-the County of Kern; Thence (2) Esterly along the last-named north line to~intersect the east line of said Tract 4060; Thence (3} Southerly along the last-named east line and southerly extension thereof to intersect the south line of the north 30' of said Section 25; Thencs (4}Westerly along the last-named south line and the south line of the north 30' of said Section 26 to intersect the west line of the east 30' of said Section 26; . Thence (5} Southerly along the last-named west line to intersect the north right-of-way line of the Arvin-Edison Water Storage . District Canal as said canal right-of-way is defined in . Parcel 1 C-2 of that certain Order of Condemnation recorded in Official Records Book 3972 at Page 196 of the Office of the Rern County Recorder; Thence (6} Westerly along the last-named north right-of-way line to intersect the east line of the west 30' of said Section 26; Thence (7) Northerly along the last-named east line and the east line. of the west 30' of said Section 23 to intersect the north line o~f said Section 23; Thence (8) Easterly along the .last-named north line and the north line of said Section 23 to the Point. of Beginning. . ~ - -~ . MPp AND ASSESSh~F T DIAGRAM FO., MAINTENANCE DISTRICT N0.14 BAKERSF/ELD, CAL/PORN/A • FOR FISCAL YEAF 1983-1986 .., i~ ~l~ 0 0 ~, t PAG~EGO 8040 ~ ~ ~6~ ~ i ~ , , _.,. _ ... „ t:. ::.~~. .;.. . .... :,. . .. ~. . ~ . ~. :.*,t: :: • • 1. ~ !, .1 ..• . 1: . 1 1 a ~ • .. ..s i 1 ti I . ~ .~~ 145. .. ,~ ~:: ~, ~... • :. ... ,~T . ,. . .. .~. C6J ,~ . •. `/ _ ; , ,~ EXHIBIT "A" IMPROVEMENTS ' ~ ~. ,: All of the~~following improvement items may or may not be applica- ble for,this maintenance district. However, the improvements generally are parks, medians, parkways and street landscaping, including, but not limited to, walls, signs, recreation and play equipment, slides, swings, play structures, game courts with lights, picnic facilities, cabanas, tables, barbecues, trash cans, drinking fountains, benches, storage buildings, and restrooms, and all drainage facilities, irrigation systems and .equipment, plumbing, structures and fixtures necessary or inci- dental to the installation, maintenance or use of the above- mentioned items; and certain walls, fences, plant forms, trees, . shrubs, ground covers, hedges, sidewalks, walkways, parking areas, landscaping, and landscape appurtenances, poles, posts and signs, security lighting and equestrian easements, .~ + -. ~.. . ~ ~ . EXHIBIT "B" ~. MAINTENANCE DISTRICT N0. 14 CITY OF BARERSFIELD BENEFIT FORMULA ,. ~ ,,. The various lots and parcels within the district shall be assessed at the following rates: For each assessable lot or parcel the assessment shall be: 1. R-1 Residential Zone or Use Assessment shall equal the dollar amount determined by: A portion of the total number of dollars budgeted by the district for maintenance and operation of the assessment district for the year in which the assessment is levied . equal to the dollar amount allocated to maintenance and operation for that year of any and all improvements in the district for the park and any improvements in or on the park or incident thereto. (P), divided by the sum of: • the number of detached dwelling units constructed or per- mitted to be constructed in the district* (Dl)- and the number of attached dwelling units constructed or per- witted to be constructed in the district** (D2), .. multiplied by the numeral .7 Assessment = P D1 + .7D2 See Paragraph 3 below. 2. Multiple Residential Zone or Use Assessment shall equal the dollar amount determined by: A portion of the total number of dollars budgeted by the district for maintenance and operation of the assessment district for the year in which the assessment is levied equal to the dollar amount allocated~to maintenance and operation for that year of any and all improvements in the district for the park and any improvements in ors on the park or incident thereto. (P), multiplied by: the number of dwelling units constructed or permitted to be constructed on the lot or parcel; (DL)- multiplied by the numeral .7 and divided by the sum of: the number of detached dwelling units constructed or per- ' witted to be constructed in the district*, (D ), 1 ~~ and the number of attached dwelling units constructed or per- muted to be constructed in the district**, {D2), mult~~lied by the numeral .7 ~.. Assessment = {Pl .7D L Dl + , 7D2 See Paragraph 3 below. 3. In addition to the above, maintenance of any street and park- way landscaping and walls required for or provided by any new development within the Maintenance District shall be paid for by the property owners within that development. * Detached Dwelling Units (those dwelling units not joined to any others by any common walls) are deemed permissible in areas zoned R-1. The number of detached dwelling units,per- mitted to be constructed on a lot or parcel shall'•be deemed to be the numeral 5 multiplied by the number of assessable acres, or portion thereof, in the parcel or lot, rounded off to the nearest whole number. ~* Attached Dwelling Units (those joined to another by one or more common walls) are deemed permissible in.,areas zoned R-2. The number of attached dwelling units permitted to be con- structed on a lot or parcel shall be deemed to be the numeral 12 multiplied by the number of assessable acares, or portion . thereof, in the parcel of lot, rounded off to~the neares t whole number. t x T ~ ~~L~t~ ~~~:. ,..~V1 IY~J~,.~~ !. .e'~ Staff ~epor* Tent. Tr. 487.5 Page 2 of ~~ I~TILIT~B~. dater, has, electrical Tele hone and Cabl . p e TV Service shall be provided to each lot as per section 1b~32.07o B,5 & ~ of the Mu ' n~cipal Code of the pity pf Bakersf~.~ld9 8. ~'~B~T PAVI~1~ C~IRBS BUTTERS ~~D SIDEWAt~K, The s b u d~.v~.der shall construct .street paving, curbs, gutters and sidewalks to Cit Standards on al y 1 streets. Sidewalks cn Panama Lane and on Monitor Street shall be a minimum . 5,5° aide, All ethers shall be 4.5° wide, ~Iandiea ram s are r ' p p .squired at all curb returns® The curb to curb widths of the streets shall be as shown on th e map. All ~e~istingutilitypoles within the right. of wa shall be relocated r' Y p for to start of construction, ~~ ,A.FFI~~ construction plans f®r street im rovemen ' p is shall a.nc lode exec t looat~.ons of dr~,ve apprcacl~es to fit substandard lots and b ' uildings. eliminate the intersection of glen B Street with Ph llis M, Driv - y e as sug .~sted bn the map, o~ revise the streets to intersect at 90®. The subd' .- ivi der shall: ~.nstall W~-31 "AND" sign with .type "N" anarkers on a sin le . ost g P anal t~ao type "L" ffiarkers ~t the north ex~d o~ Lin~tsey Street, and the east .end ~f :~oseph 1„ Way, ~7~seph L, Way shall be extended to the east tract boundar~r as shown o~n the map . lo~ ~TR~~T ~~ SI~~S,. '.~h~ subdivider shall a all . traffi P y costs for furnish~.ng two c control. signs and sign posts which are necessary for the present or ~~ture traffic oontrol needs in br adjacent to the subdivision. Th - e sub divider shall pay fur and install 4 °- Metro size and 13 °- Standard size street name signs to be located as shoaan on the map. 1l. MISCE~~,A~EOUS, No occupanc on an lot will be m' ;- , ~.~--~-.- y y per fitted until .all requa.red improvements have been completed and aces ted b the Cit . P y y ~~ masonry wa~.ls and ~.andsca in aloe Pa.na~a Lane a ' P g g re required, then engi- neer~d i~-pro~ement plans for the wall, landsca in and irri ' P g gat~on shall be app~rowed by the pity Engine~x prior to recordation of the Final M ap. :,A ~aaintenance district shall be firmed for maim n e ance of masonry wa11s, landscaping., and a park ~, `~ ;, ~~ ~~ 5 . ~ ~~ ~¢ (m .~ Ce' 9:'i:~ ' ~ ~~ !.. a~ ~ 7 Y~~ .^~5?M'"~~~~y~r `.l I. ,a, '~+ ;~;, ;,~~ ~,i:,, t~ 4 ,' ~ ~,,~ ~ ~r a~ 1~ ~~~~~x~~., ~~,~ ~. ~~