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HomeMy WebLinkAboutMD Packet 3-08~~ 368 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. [TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE] OFFICIAL ASSESSMENT BALLOT Property Owner: Ashe Road LLC Property description: Parcel Map 11263 Southwest corner of Ashe Road and the SPRR (address, lot/hlock/trccct orother 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 l 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? ., ra~~ a,. f Owner S1 nature: .~~ -~~~ ~~ ~~° g ~. Title (if representing owner): _ ~~'~~. Date: ~, ~ ~ Ap ~, ~,. November 14,1994 CITY OF BAKERSPIELD Public darks Department 1~0~ Truxtun Avenue Bakersfield, CA $3301 Attention: Raul M. Rows Public works Director Subject: City of Bakersfield Maintenance District Dear Mr. Rojas: I am in receipt of the .Notice of Derision and Findings dated September 9,1994, from the City of Bakersfield Public Works Department regar .ding the above referenced ~tenance District, the formation of which is a condition of approva]. for Parcel Map waiver 20-94. I understand that I have a .right to file a protest at a hem to be held at a time and puce to be set. by the .resolution establishing the Maintenance District. I am also in receipt of the Covenant Disclosing Inclusion in a Maintenance District, which includes the maximum maintenance. assessment for the property within Parcel Map waiver 20-94. I do not intend to protest the formation of the district, the boundaries of the. district, the fairness of the benefit formula, or the amount of the. assessment on any parcel of .property to be assessed. By our signatures on this Ietter, we .hereby waive: the right to the public.. h~ and the protest he<~ring required by Chapter 13.04 of the Bakersfield Municipal Code and the Bro~n Act. fiery truly yours, o~~~S~PARCEI~ ~ wArv~R 2a-94 1 OWNBR(S) q J 1 A ~~ John M. Among' vanni Jane Andrea Uhalt Frank J. cKenna, rustee of the Frank J. McKenna 1993 Trust ~. ~~~ -~-~~ L nda R. McKenna, Trustee of the Frank J. McKenna 1993 Trust Linda Rae McKenna ~~ ~~- ~ Thomas F . ~ alsh ~Tu i°th Claire Walsh Ju oh Stanley~`Antongi~vanni G brielle Louise vanherweq Q Irene Frances Stevens Cuesta Engineering X055 California Avenue, Suite 218 Bakersfield, CA :~ 93309 X805) 324-5500 FAX (805} 324.5247 November 14, X994 City of Bakersfield Attn: Nl'arian Shaw 1501 T'ruxtun Avenue Bakersfield, CA 933Q1 Re: Parcel Map Waiver 20-94 Dear Magian, ~ ~~ ~ ~ . 4 0n behalf of my client, ~Jvvners/Parcel?~~ap Waiver 20-94, I h, eby request formation of Maintenance District.for said Parcel ~~~ p Waives. Please start these procedures immediately as w ,want to recall as soon as ~ssible and this procedure ~ a cancht~on of apiroval. R .Thank you for your assistance in this matter. Sincerely, CUESTA EI~GINEER~IATG Maurice J. E echury, Jr. Civil Engineer -R.C.E. 34649 MJE/je C:,WPDOCS,SHAW.60I ~..,.1 CHICAGO TITLE COMPANY Issuing Office: Escrow Location: 4700 Stockdale Highway Bakersfield, CA 93309 P~~n~; i~051 X95-~?QO ~'ax: {~~5) ~$~-450 Escrow No. 000642360 MLM Escrow Officer: Marilyn L. Mo~aley Order No. 000642360 CAT Reference: MC KENNA ETAL/RIDENOUR Regarding; BAKERSFIELD, CA Dated as of; .7u1y ?, 1994 at 7 ; 30 AM In response to the above referenced application for a policy of title insurance, CHICAGO TITLE COMPANY hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title [nsurance 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 ur not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Polic forms. y 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 re ort. p THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRT~R TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. The form of policy of title inswrance contemplated by this. report is: California Land Title ~eeociatior~ Standard Coverage Policy ,~' ~~ ., r Cherrel ,Thompson Title Off c rrrui~niu~ia~nK w r' ' SCHEDULE A order No: 642360 CAT Your Ref: MC KENNA ETAL/RIDENOUR 1, The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE 2. Title to said estate ar interest at the date hereof is vested in: SEE ATTACHED .EXHIBIT -VESTED IN ~. The land referred to in this report is situated in the Mate of~alffornia, bounty of K~~~ and is described ~s follows SEE ATTACHED DESCRIPTION umn•v/ c ~ / v~un • ..~ _. y ~•'~4 ,,,y~~µ,1,~n ti ~ ~ ,i ` ~ f EXHIBIT (VESTED IN ) 1 .Jrder No. 642360 CAT JOHN I+~. AN'T'ONGYOVI~Y, A WIDOWER, AS fi0 AN UNDIVIDED 10~ INTEREST ; AND T~IOMAS F' . WALSH AND JUDITH C. WALSH, HUSBAND AND WIFE, AS COMMUNITYPROPERTY, AS TO AN UNDIVIDED 40~ INTEREST; AND FRANK J. MC KENNA AND LINDA R. MC KENNA, CO•TRUSTEES OF THE FRANK J. MC KENNA 1993 TRUST, ESTABLISHED ON FEBRUAF~Y 24, 1993, OR TO THE SUCCESSOR TRUSTEE, AS TO AN UNDIVIDED 40$~ INTEREST, THE INTEREST OF SAID TRUST BEING SUBJECT TO EXCEPTION NCIMBER 25 HEREIN; `AND JOHN STANLEY ANTONGIOVANNI, AS HIS SOLE AND SEPARATE PROPERTY, AS TO AN UNDIVIDED 1/6TH OF 10~ INTEREST; GABRIELLE LOUISE VANHERWEG, AS HER SOLE AND SEPARATE PROPERTY, AS TO AN UNDIVIDED 1/6TH OF 10~ INTEREST; IRENE FRANCES STEVENS, AS HER SOLE AND SEPARATE PROPERTY, AS TO AN UNDIVIDED 1/6TH OF 10~ INTEREST; JANE ANDREA UHALT AS-HER SOLE AND SEPARATE PROPERTY, AS TO AN UNDIVIDED 1/6TH OF 10~ INTEREST; JUDITH CLAIRE WALSH, AS HER SOLE AND SEPARATE PROPERTY, AS TO AN UNDIVIDED 1/6TH OF 10~ INTEREST; AND LINDA ..RAE MC KENNA, AS HER SOLE AND SEPARATE PROPERTY, AS TO AN UNDIVIDED 1/6TH OF 10~ INTEREST. ,. tY ..« r i . D~SCRrPTION Page 1 Order No, 642360 CAT PARCEL 1 OF LOT LINE ADJUSTMENT N0. 220, AS EVIDENCED 8Y CERTIFICATE OF C0~lPLIANCE RECORDED DECEMBER 12, 1986 IN ~QQK ~9~7 SAGS ~~~Q Q~ A~~IQ~A~ ~~~4~5, I~ '~~~ ~I'T~ OF BAKRR~RYEL~, COCJ~'I'Y OF KERN STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EAST HALF OF SECTION 21, TOWNSHIP 30 SOUTH, RANGE 27 EAST, MOUNT DIABL~ MERIDIAN, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. EXCEPT THAT PORTION WITHIN THE ARVIN-EDISON CANAL AS DESCRIBED IN THAT CERTAIN FIRST AMENDED FINAL ORDER OF CONDEMNATION RECORDED DECEMBER 1, 1966 IN BOOK 4000, PAGE 17 OF OFFICIAL RECORDS. ALSO EXCEPT THAT PORTION LYING WESTERLY OF THE ARVIN•EDISON CANAL. ALSO EXCEPT THAT PORTION WITHIN THE BOUNDARIES OF THE SOUTHERN PACIFIC RAILROAD ASPHALTO BRANCH RIGHT OF WAY. ALSO THE NORTH 1326 FEET MORE OR LESS OF THE WEST HALF OF THE WEST HALF OF SECTION 22, TOWNSHIP 30 SOUTH, RANGE 27 EAST, IN THE UNINCORPORATED AREA, COUNTY OF KERN, STATE OF CALIFORNIA. EXCEPT ALL OIL, GA5 AND OTHER HYDROCARBONS AND ALL OTHER MINERALS OF WHATEVER KIND OR C~iAR,ACTER (ALL HEREIN COLLECTIVELY CALLED "MINERALS") WHETHER NOW KNOWN TO EXIST OR HEREAFTER DISCOVERED {IT BEING INTENDED THAT THE WORD MINERALS AS USED HEREIN SHALL BE DEFINED IN THE BROADEST SENSE OF THE WORD AND SHALL BE .INCLUDED BUT NOT LIMITED TO OIL, GAS, OTHER HYDROCARBONS AND ALL QTHER MINERAL SUBSTANCES AND PRODUCTS, BOTH METALLIC AND NON-METALLIC, SOLID, LIQUID, OR GASEOUS), WHICH ARE UPON, IN, UNDER OR MAY BE PRODUCED FROM SAID REAL PROPERTY ALL SALT WATER WHICH IS IN, UNDER OR MAY BE PRODUCED FROM SAID REAL PROPERTY; THE EXCLUSIVE RIGHT BY WHATEVER METHODS NOW OR HEREAFTER KNOWN, AS GRAN'T'OR OR TT'a SCTCCE99QRS OR A9SIGN9 SAY DEEM ADVISABLE, TO PR08PECT FOR, INV'ESTYGATE FOR, EXPLORE FOR, DRILL FOR, PRODUCE, MINE, EXTRACT, REMOVE AND REDUCE TO POSSESSION AND OWNERSHIP, ALL SUCH MINERALS AND SALT WATER WHICH ARE UPON, IN, UNDER OR MAY BE PRODUCED FROM SAID REAL PROPERTY; THE EXCLUSIVE RIGHT TO DRILL INTO AND THROUGH SAID REAL PROPERTY TO EXPLORE FOR AND THEREAFTER PRODUCE AND EXTRACT MINERALS WHICH MAY 8E PRODUCED FROM ADJACENT REAL PROPERTY; THE RIGHT TO LAY, CONSTRUCT, ERECT AND PLACE UPON AND IN SAID REAL PROPERTY; AND USE, MAINTAIN AND OPERATE THEREON AND THEREAFTER REMOVE ALL BUILDINGS., TANKS, PRESSURE PLANTS AND OTHER MACHINERY, FIXTURES AND EQUIPMENT, PIPELINES, TELEPHONE LINES, ELECTRIC POWER LINES, ROADS, POWER HOUSES AND OTHER STRUCTURES AND FACILITIES AS GRAN'T'OR OR ITS SUCCESSORS OR ASSIGNS MAY DEEM ADVISABLE, FQR THE EXERCISE AND ENJOYINT OF THE RIGHTS HEREIN EXCEPTED AND RESERVED; THE EXCLUSIVE RIGHT TO TREAT r PROCESS ABUT NOT REFINE), STORE UPON AND REMOVE FROM SAID REAL PROPERTY SUCH MINERALS AND ,SALT WATER; THE EXCLUSIVE RIGHT TO PRODUCE AND EXTRACT SUCH MINERALS BY REPRESSURING THE SUBSURFACE SANDS AND STRATA WITH FLUIDS OR GASES OR 8Y SUCH OTHER METHOD OR METHODS AS GRANTORS OR ITS SUCCESSORS OR ASSIGNS MAY DEEM ADVISABLE, AND TO INJECT IN, AND STORE AND THEREAFTER REMOVE SUCH FLUIDS AND GASES, WHETHER OR NOT INDIGENOUS TO SAID REAL PROPERTY; THE RIGHT AT ALL TIMES, WITHOUT CHARGE, TO INVESTIGATE FOR, EXPLORE FOR, DRILL FOR, PRODUCE, REMOVE AND REDUCE TO POSSESSION AND OWNERSHIP, THOSE QUANTITIES OF FRESH WATER FROM AQUIFERS UNDERLYING SAID REAL PROPERTY DEEMED NECESSARY BY GRANTOR OR ITS SUCCESSORS OR ASSIGNS TO USE IN PROSPECTING, EXPLORING, DRILLING, MINING, PRODUCING, EXTRACTYNG, AND REMOVING (INCLUDING, BUT NOT LIMITED TO USE IN UNIT OPERATIONS, WATERFLOOD, THERMAL, OR OTHER SECONDARY RECOVERY METHODS NOW OR .. .~. ... ',..ti • DLSC~1~'~'I~7N Page ~ 2 Qrder No, 64 Z 3 60 CAT HEREAFTER BONN) OR OTHER OPERATIONS IN CONNECTION WITH THE FULL ENJOYMENT AND ExERCrSE OF THE- RIGHTS HEREIN EXCEPTED AND RESERVED; THE RIGHT TO EXERCISE ALL RIGHTS HEREIN EXCEPTED AND RESERVED AND ANY ANA AFL OTHER RIGHTS UPON SAID REAL PROPERTY AS GRANTOR OR ITS SUCCESSORS OR ASSIGNS DEEMS NECESSARY, INCIDENTAL TO OR CONVENIENT, WHETHER ALC}NE OR CO-JOINTLY WITH NEIGHBORING .LANDS, IN EXPLORING FOR, PRODUCING AND EXTRACTING THE MINERALS AND SALT WATER HEREIN EXCEPTED AND RESERVED; AND THE UNLIMITED AND UNRESTRICTED RIGHTS OF ACCESS TO SAID MINERALS AND SALT WATER FOR ALL PURPOSES, PROVIDED, HOWEVER, THAT UNLESS THE CONSENT OF THE SURFACE OWNER IS FIRST OBTAINED, GRANTOR, ITS SUCCESSORS AND ASSIGNS, SHALL NOT ENTER UPON THE SURFACE OR IN OR THROUGH THE UPPER 500 FEET OF THE SUBSURFACE IN THE EXERCISE OF THE RIGHTS EXCEPTED AND RESERVED BY TENNECO WEST, INC., A DELAWARE CORPORATION, IN DEED RECORDED MARCH 14, 1975, IN BOOK 4886 PAGE 1122, OF OFFICIAL RECORDS. SCHEDULE B age 1 Order No: 642360 CAT Your Ref: MC KENNA ETAL/RIAEN~JUR At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this Report would be as follows; A 1. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE FISCAL YEAR 1994.1995, A LIEN NOT YET PAYABLE. 8 2. A DECLARATION OF DEFAULT OF THE GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE FISCAL YEAR(S) 1993.1994 ~A) AMOUNT TO REDEEM PRIOR T0: JULY 29, 1994, $2,354.23 AMOUNT TO REDEEM PRIOR T0: AUGUST 31, 1994, $2,385.16 AMOUNT TO REDEEM PRIOR T0: SEPTEMBER 30, 1994, $2,416.09 DEFAULT NUMBER: 93.284024.50-0 ASSESSOR'S PARCEL NUMBER: 370-022-01.00.1 CODE AREA: 001-150 AFFECTS THAT PORTION OF SAID LAND LYING IN SECTION 22. ~B) AMOUNT TO REDEEM PRIOR T0; JULY 29, 1994, $1,489.09 AMOUNT TO REDEEM PRIOR T0; AUGUST 31, 1994, $1,508.39 AMOUNT TO REDEEM PRIOR T0: SEPTEMBER 30, 1994, $1,527.68 DEFAULT NUMBER:- 93-.284020-50.8 ~~` ASSESSOR'S PARCEL NUMBER; 370.-021.13-00-9 CODE AREA : 0 01. -15 0 AFFECTS THAT PORTION OF SA ID LAND LYING IN SECTION 21. C 3. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVY$ION'a OF CHAPTER 3.5- (CpMMENCING WITH SECTI~7N 75 ) t~F 'SHE REV'EN'UE AND TAXATION CODE OF THE STATE OF CALIFORNIA. ~ ~ . SAID LAND LIES WI~'HIN THE BOUNDARIES +~~' KERN DELTA WA'~ER DISTRICT AND. TS SUBJECT TO ANY AND ALL ASSESSMENTS THEREOF. F 5. ANY EASEMENTS FOR ROADS ALONG THE SECTION LINES OF SAID SECTION 22 BY REASON OF THE SAME BEING SHOWN ON THE SALES MAP OF LANDS OF KERN COUN'1'Y LAND COMPANY IN SAID SECTION, FILED MAY 28, 1892 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. F 6. CONTRACT OF SETTLEMENT OF WATER RIGHTS MADE BETWEEN HENRY MILLER AND OTHERS, AS FARTIES THERETO OF THE FIRST PART AND JAMES 8. HAGGIN~AND OTHERS, AS PARTIES THERETO OF THE SECOND PART, UNDER DATE OF JULY 28, 1888, RECORDED IN BOOK 2 PAGE 40 ET SEQ. OF AGREEMENTS, AND ALSO THE AMENDMENT THEREOF OR SUPPLEMENT THERETO, DATED NOVEMBER 30, 1889; ALL AS RECITED IN THE DEED EXECUTED BY JAMES B. HAGGIN TO KERN COUNTY LAND COMPANY, A CORPORATION, DATED JULY 12, 1892 AND RECORDED DECEMBER 30, 1892 IN 800K 44, PAGE 287 ET SEQ. OF DEEDS. ~HtLIMd•SJ7/81•Irc . Page 2 'ter Nn: 642360 SCHEDULE B (continued) CAT Your Ref: MC KENNA ETAL/RIDENOt1R ~ 7. AGREEMENT INCLUDING TERMS, PROVISIONS AND CONDITIONS DATED: ~ DECEMBER 3, 1963 PURPOSE: STINE CANAL EXECUTED BY: STINE CANAL, INC., A CORPORATION AND ARVIN-EDISON WATER STORAGE DISTRICT RECORDED: APRIL 7, 1964 IN BOOK 3712 PAGE 397, OFFICIAL RECORDS. ' ~H 8. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, IN FAVOR OF: CITY OF BAIGERSFIELD, A CALIFORNIA MUNICIPAL CORPORATION NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF SAID EASEMENT FOR: TO LAY, CONSTRUCT, OPERATE, MAINTAIN, REPAIR, RECONSTRUCT, CHANGE-SIZE OF AND REMOVE SANITARY SEWER PIPE LINES AND APPURTENANT AND NECESSARY SURFACE AND SUBSURFACE STRUCTURES, FITTINGS, AND OTHER EQUIPMENT RECORDED; AUGUST 11, 1969 TN 800K 406 PAGE 300, OFFICIAL RECORDS AFFECTS SEE DOCUMENT FOR COMPLETE DESCRIPTION, ;I THE USE OF THE AREA AFFECTED BY SAID EASEMENT SHALL HE LIMITED AS FOLLOWS: SAID EASEMENT IS SUBJECT TO ALL EXISTING CONDITIONS, RESTRICTIONS, I~ESE~t"~,A'PIONS, EASEMEI+~'S, SERVITUDES AND RIGHTS OR WAY, WHETHER OF RECORD OR NOT. J 9. AN OPTION TO PURCHASE SAID LAND UPON THE TERMS AND CONDITIONS THEREIN PROVIDED EXECUTED 8Y: JOHN M. ANTONGIOVANNI AND YOLE J. ANTONGIOVANNI, HUSBAND AND WIFE, AS JOINT TENANTS IN FAVOR OF: TENNECO WEST, INC., A DELAWARE CORPORATION UNTIL: 20 YEARS RECORDED: MARCH 14, 1975 IN HOOK 4886 PAGE 1131, OFFICIAL RECORDS. K 1Q. THE TERMS, PROVISIONS, COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS, AND OTHER RIGHTS SBT FORTH IN THE DEED FROM TENNECO WEST, INC., A DELAWARE CORPORATION, RECORDED MARCH 14, 1975 IN BOOK 4886 PAGE 112, OFFICIAL RECORDS. ~ ~,1. ,~ I,1~N'D USE CONTRACT' PURSUANT TO THE CALI ~'ORrI'IA ~' ' CONSERVA'~I0~1 ~#C'~ OF 1965 AS AMENDED (WILLIAMSON ACT) BY AND BETWEEN THE COUNTY OF KERN, A POLITICAL SUBDIVISION OF THE STATE OF CALIFORNIA, AND PAEUM6C•9/23J93bk SCHEDULE B Page 3 (continued) Order No:' 642360 CAT Your Ref: MC KENNA ETAL/RIDENOUR OWNER: JOHN M. AND YOLE J. ANTONGIOVANNI DATED: FEBRUARY 17, 1976 RECORDED: FEBRUARY 25, 1976 IN BOOK 4941 PAGE 490, OFFICIAL RECORDS AFFECTS SAID LAND AND OTHER PROPERTY. M 12. AGREEMENT INCLUDING TERMS, PROVISIONS AND CONDITIONS DATED: JANUARY 9, 1984 PURPOSE: CONSTRUCTION OF WALL EXECUTED BY: JOHN M. ANTONGIOVANNI AND THOMAS F. WALSH, ET AL, AND FFI/JMA ASSOCIATES, LTD., A JOINT VENTURE COMPOSED OF FARM FINANCIAL, INC., A CALIFORNIA CORPORATION AND SAN MARINO SAVINGS AND LOAN ASSOCIATION RECORDED: JANUARY 10, 1984 IN BOOK 5622 PAGES 31 AND 47, OF OFFICIAL RECORDS AFFECTS: SAID LAND AND OTHER PROPERTY. N 13. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, IN FAVOR OF: BUSCH INDUSTRIAL PRODUCTS CORPORATION NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF SAID EASEMENT FOR: PIPELINES, SOLES AND OTHER APPURTENANT FACILITIES RECORDED: FEBRUARY 2, 1984 IN BOOK 5628 PAGE 1496, OFFICIAL RECORDS AFFECTS A STRIP OF LAND 10 FEET IN WIDTH, SEE DOCUMENT FOR COMPLETE DESCRIPTION. ~ 0 14. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND ~"OR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, IN FAVOR OF: THE CITY OF BAKERSFIELD NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF SAID EASEMENT FOR: A PUBLIC STREET RECORDED: JUNE 27, 1984 IN BOOK 5671 PAGE 461, OFFICIAL RECORDS AFFECTS A PORTION 0~' SECTION 22, REFERENCE BEING MADE FOR THE FULL PARTICULARS THEREOF. P 15. WAIVER OF ANY CLAIMS FOR DAMAGES 8Y REASON OF CONSTRUCTION OF A STREET, AS PROVIDED IN THE DEED, FROM: FFI/JMA ASSOCIATES, LTD., ET AL T0: THE CITY OF BAKERSFIELD RECORDED: JUNE 27, 1984 IN BOOK 5671 PAGE 461, OFFICIAL RECORDS . Pale 4 Qrder No: 642360 SCHEDULE B (continued) CAT Your Ref: MC KENNA ETAL/RIDENOUR ;Q 16, AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, IN FAVOR OF: FFI/JN1A ASSOCIATES, LTD. NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF SAID EASEMENT FOR: A PUBLIC STREET RECORDED: JULY 11, 1984 IN BOOK 5674 PAGE 2318, OFFICIAL RECORDS AFFECTS A PORTION OF SECTION 22, REFERENCE BEING MADE FOR THE FULL PARTICULARS THEREOF. ~~R 17. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, IN FAVOR OF; FFI/JMA ASSOCIATES,. LTD., ET AL NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF SAID EASEMENT FOR; A PUBLIC STREET RECORDED; JULY 11, 1984 IN BOOK 5674 PAGE 2334, OFFICIAL RECORDS AFFECTS SEE DOCUMENT FOR COMPLETE DESCRIPTION. 'S 18. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, IN FAVOR OF; FFI/JMA ASSOCIATES, LTD., ET AL NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF SAID EASEMENT FOR: A PUBLIC STREET RECORDED: JULY 11,.1984 IN BOOK 5674 PAGE 2350, OFFICIAL RECORDS AFFECTS SEE DOCUMENT FOR COMPLETE DESCRIPTION. T 19. THAT FACT THAT ALL OIL, GAS OR OTHER HYDROCARBON SUBSTANCES WITHIN OR UNDERLYING SAID LAND ARE EXCEPTED FROM THE HEREIN DESCRIBED LAND. NO EXAMINATION HAS BEEN MADE AS TO ANY MATTERS AFFECTING THE INTEREST OF SAID EXCEPTED RIGHTS, NOR NO LIABILITY IS HEREBY IMPLIED OR ASSUMED REGARDING SAID MATTERS. U 20. DISCREPANCIES, CONFLICTS IN BOUNDARY LINES, OR SHORTAGE IN AREA BETWEEN PARCELS 1 AND 2 DESCRIBED IN CERTIFICATE OF COMPLIANCE, (LOT LINE ADJUSTMENT N0. 220) RECORDED DECEMBER 12, 1986 IN BOOK 5947 PAGE 1690, OF OFFICIAL RECORDS. V 21. INFORMATION CONTAINED IN THE OFFICIAL RECORDS OF KERN COUNTY INDICATES THAT A DIVISION ON LAND HAS TAKEN PLACE WHICH WOULD FALL WITHIN THE PURVIEW OF THE SUBDIVISION MAP ACT (66410 ET SEQ. GOV. C). THE DOCUMENTS WHICH INDICATE THE DIVISION WERE; ~y DEED FROM JOHN M. ANTONGIOVANNI, A WYDOWER, SANE AN~RRA ~~, ~R~R~ RELIMBC•9/23/93bk .Page 5 _~rcler N~; 64 2 3 6 0 CAT ...r._. Your Ref: MC KENNA ETAL/RIDENOUR FOR THE. ESTATE OF YOLE ANTONGIOVANNI, HUSBAND AND WIFE FRANK J. MC KENNA AND LINDA R. MC~KENNA, HUSBAND ANn WIFE THOMAS F. WALSH AND JUDITH C. WALSH TO JOHN M. ANTONGIOVANNT, A WIDOWER, JANE ANDREA UHALT, EXECUTRIX FOR THE ESTATE OF POLE ANTONGIOVANNI, HUSBAND AND WIFE FRANK J. MC KENNA AND LINDA R. MC KENNA, HUSBAND AND WIFE THOMAS F. WALSH AND JUDITH C. WA.LSH, RECORDED DECEMBER 12, 1986 IN BOOK 594? PAGE 1694, OF OFFICIAL RECORDS. 2) DEED FROM FRANK J. MC KENNA AND LIND AR. MC KENNA, HUSBAND AND WIFE, AS TO AN UNDIVIDED 40~ INTEREST TO FRANK J. MC KENNA AND LINDA R. MC KENNA, CO•TRUSTEES OF THE. FRANK J. MC KENNA 1993 TRUST, ESTABLISHED ON FEBRUARY 24, 1993, OR TO THE SUCCESSOR TRUSTEES) THEREOF AS TO AN UNDIVIDED 40~ INTEREST, RECORDED AUGUST. 9, 1993 IN BOOK 6889 PAGE 1292, OF OFFICIAL RECORDS. NOTE: SAID DEED CONTAINS AN ERRONEOUS DESCRIPTION. 3) DECREE OF DISTRIBUTION FROM THE ESTATE OF YOLE ANTONGIOVANNI, RECORDED DECEMBER 28, X993 IN BOOK 6964 PAGE 52~., OF ©FFICI~L RECORDS COMPLIANCE WITH ONE OF THE FOLI~OWI~IG PROVISIONS OF THE aUBDIVISION MAP ACT WILD, BE REQUIRED: A. THE RECORDING OF A SUBDIVISION MAP IN COMPLIANCE WITH STATUTES OR RELATED LOCAL ORDINANCES, OR B. THE RECORDING OF A PARCEL MAP IN COMPLIANCE WITH STATUTES OR RELATED LOCAL ORDINANCES, OR C.-THE RECORDING OF A CERTIFICATE OF COMPLIANCE, AS PROVIDED BY STATUTE, OR D. THE RECORDING OF A WAIVER AS PROVIDED 8Y GOVERNMENT CODE SECTION 66428, OR E, SUBMISSION OF OTHER SATISFACTORY EVIDENCE OF COMPLIANCE WITH NON-VIOLATION OF THE ACT. v W 22. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE. PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, IN FAVOR OF: PACIFIC GAS AND ELECTRIC COMPANY, A CALIFORNIA CORPORATION NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF SAID EASEMENT FOR: ELECTRICAL FACILITIES RECORDED: JUNE 15, 1990 IN BOOK 6395 PACE 1049, OFFICIAL RECORDS AFFECTS THAT PORTION OF SECTION 21, SEE DOCUMENT FOR COMPLETE DESCRIPTION. ~X 23. AN EASEMENT AFFECTING THE POF~TION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, IN FAVOR OF: THE CITY OF BAKERSFIELD NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF,SAID EASEMENT FOR: A PUBLIC STREET SCHEDULE B (continued) PRELIMBC•9/23/93bk i . Page 6 Order No: 642360 SCHEDULE B (continued) CAT Your Ref; MC KENNA ETAL/RIDENOUR RECORDED: NOVEMBER 19, 1990 IN BOOK 6456 PAGE 78, OFFICIAL RECORDS AFFECTS THAT PORTION OF SECTION 21, SEE DOCUMENT FOR COMPLETE DESCRIPTION. Y 24, AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, IN FAVOR OF: PACIFIC GAS AND ELECTRIC COMPANY, A CALIFORNIA CORPORATION NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF SAID EASEMENT FOR: ELECTRICAL FACILITIES RECORDED: OCTOBER 22, 1991 IN BOOK 6583 PAGE 1748, OFFICIAL RECORDS AFFECTS THAT PORTION OF SECTION 22, SEE DOCUMENT FOR COMPLETE DESCRIPTION. Z 25. ANY INTEREST OF FRANK J. MC KENNA AND LINDA R. MC KENNA, HUSBAND .AND WIFE, AS TO AN UNDIVIDED 40~ INTEREST BY REASON OF DEED FROM FRANK J. MC KENNA AND LINDA R. MC KENNA, HUSBAND AND WIFE, AS TO AN UNDIVIDED 40~ INTEREST TO FRANK J. MC KENNA AND LINDA R. MC KENNA, CO•TRUSTEES OF THE FRANK J. MC . KENNA 1993 TRUST, ESTABLISHED ON FEBRUARY 24, 1993, OR TO THE SUCCESSOR TRUSTEE(S) THEREOF AS TO AN UNDIVIDED 40~ INTEREST, RECORDED AUGUST 9, 1993 IN BOOK 6889 PAG 1292, OF OFFICIAL RECORDS, CONTAINS ERRONEOUS LEGAL DESCRIPTION. AA 26. MATTERS OF RECORD WHICH DO NOT SPECIFICALLY DESCRIBE SAID LAND, BUT WHICH, IF ANY DO EXIST, MAY AFFECT THE TITLE OR IMPOSE LIENS OR ENCUMBRANCES THEREON. THE NAME SEARCH NECESSARY TO DETERMINE THE EXISTENCE OF SUCH MATTERS HAS NOT BEEN MADE BECAUSE NO STATEMENT OF IDENTITY HAS BEEN RECEIVED FROM JOAN M. ANTONGIOVANNI (OWNER). A8 27. MATTERS OF RECORD WHICH DO NOT SPECIFICALLY DESCRIBE SAID LAND., BUT WHICH, IF ANY DO EXIST, MAY AFFECT THE TITLE OR IMPOSE LIENS OR ENCUMBRANCES THEREON. THE NAME SEARCH NECESSARY TO DETERMINE THE EXISTENCE OF SUCH MATTERS HAS NOT BEEN MADE BECAUSE NO STATEMENT OF IDENTITY HAS BEEN RECEIVED FROM JUDITH C. WALSH (OWNER).. AC 28. MATTERS OF RECORD WHICH DO NOT SPECIFICALLY DESCRIBE SAID LAND, BUT WHICH, IF ANY DO EXIST, MAY AFFECT THE TITLE OR IMPOSE LIENS OR ENCUMBRANCES THEREON. THE NAME SEARCH NECESSARY TO DETERMINE THE EXISTENCE OF SUCH MATTERS HAS NOT BEEN MADE BECAUSE NO STATEMENT OF IDENTITY HAS BEEN RECEIVED FROM JOHN STANLEY ANTONGIOVANNI (OWNER), AD AE * * END OF SCHEDULE H NOTE N0. 1 INFORMATION IN POSSESSION OF THIS COMPANY INDICATES THAT A DIVISION OF LAND IS CON?`EMPLATED IN THE CURRENT TRANSACTxON I1~VOLV`ING THE LAND DESCRIBED IN PRElIMBC•9/23/93bk ~,a~e ~ SCHEDULE B (continued) rder Nu: 642360 CAT Your Ref: MC KENNA ETAL/RIDENOUR THIS REPORT. SUCH CONTEMPLATED DIVISION OF LAND WOULD APPEAR TO FALL WITHIN THE PUR~IIEW OF THE SUBDIVISION MAP ACT AND AS A PREREQUISITE TO THE CLOSING OF SAID TRANSACTION, AT LEAST ONE OF THE FOLLOWING REQUIREMENTS MUST BE ACCOMPLISHED TO THIS COMPANY'S SATISFACTION: (1) 'THAT A SUBDIVISION Mfi-F SAS BEEN RBCC~RI~E1~ IN CUMF~,IANCE WITH THE SUBDIVISION MAP ACT OR RELATED LOCAL ORDINANCES; (2 ) ~"HA'~' A FAACEL MAP H~#~S BBEN RECORDED IN CI~MPLIANC'E WITH THE .SUBDIVISION MAP ACT OR RELATED LOCAL ORDINANCES; OR (3) THAT A CERTIFICATE OF COMPLIANCE AS PROVIDED FOR IN THE SUBDIVISION MAP ACT HAS BEEN RECORDED; OR THAT OTHER SATISFACTORY EVIDENCE INDICATING COMPLIANCE OR NON VIOLATION BE FURNISHED. AF NOTE N0. 2: ON OR AFTER JULY 1, 1985, THE COUNTY RECORDER'S OFFICE WILL CHARGE, IN ADDITION TO THE REGULAR RECORDING CHARGES, AN EXTRA $20.00 RECORDING FEB, UNLESS A DOCUMENT EVIDENCING CHANGE OF OWNERSHIP IS ACCOMPANIED BY A •PRELIMINARY CHANGB OF OWNERSHIP REPORT.• IN LIEU OF SAID REPORT, SIGNED BY THE TRANSFEREE, THE RECORDER WILL NOT CHARGE AN EXTRA FEE, IF THE DOCUMENT IS ACCOMPANIED BY AN AFFIDAVIT THAT THE TRANSFEREE IS NOT A RESIDENT OF CALIFORNIA. OUR TITLE BILLING WILL BE ADJUSTED TO REFLECT SUCH ADDITIONAL FEES WHEN APPLICABLE, (THE ABOVE FARMS WILL BE AVAILABLE THROUGH THE OFFICES OF THE COUNTY ASSESSOR AND COUNTY' RECORDER AT NO CHARGE.) AG NOTE N0. 3: . EFFECTIVE JULY 1, 1994 ALL DOCUMENTS TO BE RECORDED IN CALIFORNIA MUST CONFORM TO THE FOLLOWING (PURSUANT TO GOVERNMENT CODE SECTIONS 27201, 27361 AND 27361.5 WHICH WERE ENACTED IN THE 1992 LEGISLATIVE SESSION): (A) A PAGE, FOR THE PURPOSE OF RECORDING, SHALL BE ONE PRINTED SIDE OF A SINGLE PIECE OF PAPER WHICH IS 8 1/2 INCHES BY ll INCHES; (B) A SHEET SHALL BE ONE PRINTED SIDE OF A SINGLE PIECE OF PAPER WHICH IS NOT EXACTLY B 1/2 INCHES BY 11 INCHES BUT NOT GREATER THAN 8 1/2 INCHES $Y 14 INCHES; (C) IF A PAGE OR SHEET DOES NOT CONFORM TO THE DIMENSIONS OF 8 1/2 INCHES 8Y 11 INCHES THE RECORDER SHALL CHARGE $3,00 EXTRA FER PAGE OR SHEET OF THE DOCUMENT. (A 2 1/2 INCH TOP BLANK MARGIN IS STILL REQUIRED ON ALL DOCUMENTS PER GOVERNMENT CODE SECTION 27361.6.) EFFECTIVE JANUARY 1, 1990, CALIFORNIA INSURANCB CODE SECTION 12413.1, (CHAPTER 598, STATUES OF 1989), PROHIBITS A TITLE INSURANCE COMPANY, CONTROLLED ESCROW COMPANY, OR UNDERWRITTEN TITLE COMPANY FROM DISBURSING FUNDS FROM AN ESCROW OR SUB-ESCROW ACCOUNT, EXCEPT FOR FUNDS DEPOSITED BY WIRE TRANSFER, ELECTRONIC PAYMENT OR CASH UNTIL THE DAY THESE FUNDS ARE YF1tLIMBG•8/Z3/83bk Go~ford ; ~ ~ D~ :'o Z ~, P t 0 :'-~ 1(~ 0 N v ~~ ~ ~ U a` ~. ~• i ~ ~. ~` ~ w ~ ~ ~1 .~~ .,.. i ~ ~ , ~r ~ ~,~ ,~ i F ~ 1 E ~- .~. ~ ~ ~' ~ ~4~ ~~ ~ $ ;~ y.,, ~ ~ ::, V • i ~. O ~~ ~ ~ ~ e '• ~~ ~ ~ ~ c~ N ~ BAK~~ Q ~caReoR.4T~ ~~ ti ~ ~~ v ~ d 1~`~'' ,~ ~ALIFOR~1 . MEETING DATE: January 11, 1995 AGENDA SECTION: Consent Calendar ITEM N0: T0: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works .Director DATE: December 28, 1994 CITY MANAGER SUBJECT: Resolution establishing Maintenance District No. 3-08 (Interim), confirming the assessment and authorizing collection of assessments by the Kern County Tax Collector (Ashe and Woodmere). (Wards 4 and 6). RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: A written request has been received by the City Engineer from the. owner of Parcel Map Waiver No. 20-94 to form a maintenance district or to be included into an existing maintenance district as condition of approval f or the Parcel Map Waiver. This district will provide for the maintenance of public- street landscaping. Staff recommends the formation of Maintenance District No. 3-08 (Interim) (Ashe and Woodmere) generally bounded by the S.P.R.R. on the north, a line 1/4 mile east of Ashe Road on the east, a line 1/4 mile south of the S.P.R.R. on the south and the Arvin-Edison Canal on the west. This district will be under the street and median zone of benefit and assessed an amount for "Tier 1" when landscaping is developed adjacent to this property.. The City Council approved the Consolidated. Maintenance District on June 29, 1994. The City's procedure is that all new districts formed during the fiscal year will be interim districts and all interim districts will be merged into the Consolidated Maintenance District at the end of each fiscal year. The City of Bakersfield has received a letter from the property owners within Maintenance .District No. 3-08, which waives all rights to a public hearing, anal to a protest hearing as re uired b the q Y Brown Act and Chapter 13.04 of the Bakersfield Municipal Code.. This allows the City to expedite the formation of the district, to satisfy the subdivision requirement. In order to provide future property owners with disclosure regarding- the proposed maintenance district and the estimated maximum annual costs ere uivalent dwellin unit, a covenant has been p q g drafted and will be supplied to the subdivider/developer to be recorded with each subdivision. A copy of this covenant is attached f or reference. P:~admin~md3-08.est APPROVED DEPARTMENT HEAD CITY ATTORNEY December 28, 1994, 10:23am