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HomeMy WebLinkAboutP01-0535REQUESTED BY AND WHEN RECORDED, MAILTO: CITY ENGINEER CITY OF BAKERSFIELD 1501 TRUXTUN AVENUE BAKERSFIELD, CA. 93301 -,�: 13X➢`AL1 -1 rgR This instrument filed for Record by American Title Company as an accommodation only It has not been examined as to its execution nor to its effect upon title. James Maples,Assessor- Recorder PATTI Kern County Official Records Pages: 5 DOCUMENT #:0201118947 8/15/2001 1[�jj�jII III jj�I II III II VIII Taxes 80134000 .020111e9a7. Other... TOTAL PAID.. 34.00 CERTIFICATE OF COMPLIANCE (SECTION 66499.35, GOVERNMENT CODE) Stat. Types:l PARCEL MAP WAIVER NO. POI -0535 Being a division of that portion of land shown as Parcel of Parcel Map No. 8165, filed December 22, 1986, in Book 34 of Parcel Maps, Page 28, in the office of the Kem County Recorder, being in the NW' /. of Section 24, T. 29 S., R. 27 E, M. D. M, in the City of Bakersfield, County of Kem, State of California. Assessor's Ferrol Number: 332481- 02 -00 -3C. Property Owner. TEJONRANCACORP, a Catsfomm corporadom This Certificate of Compliance is being issued and recorded for 2 parcels. At the request of the property owner, the undersigned City Engineer of the City of Bakersfield, designated by ordinances of said City as Advisory Agency with respect to Parcel Map Waivers, Lot Line Adjustments, and Certificates of Compliance and acting herein on behalf of the City of Bakersfield, hereby states that those portions of land described on the attached Exhibit "A" and shown on Exhibit "B" comply with the provisions of the Subdivision Map Act of the State of California and Chapter 16 of the City of Bakersfield Municipal Code regulating divisions of land. This certificate relates only to issues of compliance or noncompliance with the Subdivision Map Act and local ordinances enacted pursuant thereto. The parcels described herein may be sold, leased, or financed without further compliance with the Subdivision Map Act or any local ordinance enacted pursuant thereto. Development of the parcels may require issuance of a permit or permits, or other grant or grants of approval. Dated August 7, 2001 RAUL M. ROJAS RCE No. 39880 Expiration December 31, 2001 City Engineer City of Bakersfield SIGNATURE MUST BE NOTARIZED 1041 S: \Land Divisio Mm.r Land Div \pmw \POI -0535 coc.wpd Page I of 5 Pages State of [ �n l/ '42r n! a County of kP V OnA,Q(.= before me, MATE) m gA/nE .eO: UGJ /!G JANf DO[ NOTARY PUBDCI ersonally appeared WAMEI51 OF SIONFAI511 personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the pperson*) whose nameW (SdaPt subscribed to the rYi wa• _ .ar ISEALI signatureW —ofi the instrument the person !, or the entity upon behalf of which the persons) acted, executed the instrument. Witness my hand and official seal. ATTENTION NOTARY RIGHT THUFSRiWT IOptionaa N CAPACITY CLAIMED BY SIONERIS) OINDIVIDUAL(S) 1' CORPORATE n OFFICERIS) H OPARTNER(S) DUMMIED OGENERAL OATTORNEY IN FACT E TRUSTEEIS) The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to /a+ny unauthorized document. q �YlYr /CR te_/c� D THIS CERTIFICATE Thle ar Typo of DooummodnOiOLAW-C.Pi YLY PrwW -0533 MUST BE ATTACHED i11C�UOJG�S My5 p49� TO THE DOCUMENT N.mberpf Ppea S _Ortear Decumern 9 DESCRIBED AT RIGHT: Signsrlal OIMr Tam Nm,m l Above S! , eYs 394 OOTHER: SIGNER IS REPRESENTING: (Name of Panonb) or EndaylbO �tty a�',BallerS�;eld RIGHT THUMBPRINT IOptionall PARCEL MAP WAIVER NO. P01 -0535 EXHIBIT "A" Legal Description Being a division of the land shown as Parcel 2 of Parcel Map No. 8165 recorded in book 34 of Parcel Maps at page 29 in the office of the Kern County Recorder, being also a portion of the northwest quarter of Section 24, T. 29 S., R. 27 E., M.D.M in the City of Bakersfield, County of Kern, State of California and more particularly described as follows; Parcel A Commencing at a 2" iron pipe tagged L.S. 3543 for the northeast comer of said Parcel 2, thence N 88 004'09" W along the north boundary of said parcel, 292.98 feet to a 2" iron pipe tagged L.S. 3543, thence continuing along said north line N 82 °17'12" W, 225.41 feet to the point of beginning, thence continuing N 82 °17'12" W, 146.77 feet to the west line of said parcel, thence S 14 °51'00° W along the west line of said parcel 74.53 feet to the south line of said parcel and the north right of way line of Sillect Avenue being a point on a curve concaved to the south having a radius of 845.00 feet, thence easterly along said line, through a central angle of 9 055'33" and are length of 146.37 feet, thence N 24 °46'33" E along a radial, 44.57 feet, thence N 7 °42'48" E, 61.99 feet to the point of beginning. Parcel contains 13,199.98 sf. Parcel B Point of beginning being the said 2" iron pipe for the northeast comer of said Parcel 2, thence N 88 °04'09" W along the north boundary of said parcel, 292.98 feet, thence continuing along said north line N 82 °17'12" W, 225.41 feet, thence S 7 °42'48" W, 61.99 feet, thence S 24 046'33" W, 44.57 feet to the south line of said parcel and the north right of way line of Sillect Avenue being a point on a curve concaved to the south having a radius of 845.00 feet, thence easterly along said line, through a central angle of 18 °25'20" and arc length of 271.69 feet to the east line of said parcel, thence N 56 °15'32" E along said line, 383.46 feet, to the point of beginning. Parcel contains 69,137.44 sf. Page 3 of 5 Pages No. 5974 i w N �Zj tl fl ¢ ZW N F \\ Z W •En r. 6 � Lnn �0� \\ o \ d o QocLL s \ OL W G F N cl- Rzi W O O °V L 3 / QCi Q mR IL / / /// /1\ gL €f 2 8456 LF A'JRNYfi: �j $ nESSSw�vaESam¢EwzxNWN EanENazix 9� w /.a�/ % � °�a w. aN .urrtavor<w.�ava¢n.rw�emsfscwcenw /de/ / §��a_ ecxw a�svrwsrvsswwsuYOwzr.Eb56 ry � / / // � dk�� �aa r�a�wv�necw.nw.e.wm. d� •RR bb �EECfw mas r nPEr�2:vaay.zvn iroe� �� t {� / sluEaNeE rC Sb$ftH 3 ns=ESSas a�: t; (oy I 11 � l vra�i.nwP.nsv. o3oet. op, , vracu:- rem.rnsF.issu. e3 m. � WAr WAIFR- LVSGFNN Wn1FR5 FM12 �11 GAf P/6A. G45 P'ID Fl FL f0. F - PTCFC G/SANpflEC (A. SIIFti AVENUE lEE -Pill YW%R -CM CiE4ERSFID ECNE IYI �g_ME_ ��wWGV 51fEEi 3 KAHN �$ VILINIIY tNP 03m W&V U7 me PPGF40F5 PAGE No. a?74 v= Exp. I z FR \ z „y s\\ \ u 3 k sp y al orr / �3 / l s y I/ �iq�� § IT� 3.ff&AN 133XJ.$ M08llV VJ 8 u (Lti 1 Ln O If w m n w > Q 3 m Ln ° � � � Q LU W CLI No. a?74 v= Exp. I z FR \ z „y s\\ \ u 3 k sp y al orr / �3 / l s y I/ �iq�� § IT� 3.ff&AN 133XJ.$ M08llV VJ 8 u This instrument filed for Record by American Title Company as an James Maples,Assessor- Recorder PATTI accommodation only. It has not been examined as to its execution nor to its Kern County Of f i c i a I Records Pages 7 effect upon title. DOCUMENT #:0201118948 8/15/2001 RDING QUESTED BY: ORan 80146000 Tejon hcorp IIIIIIII VIII II IIIIIII IIIIIIIII I II Taxes... and when recorded, return to: �eaev iesae. Other City Engineer PAID.. 46.00 1501 Tmxtun Avenue Bakersfield, California 93301 Stat. Types :l DECLARATION OF COVENANTS CONDFFIONS AND RESTRICTIONS RESERVATION OF EASEMENTS AND MAINTENANCE AGREEMENT PARCELS A AND B OF PARCEL MAP WAIVF,R NO P01 -0535 - CITY OF BAKERSFIELD This Declaration is made on Aueust 10 . 2001, by Tejon Ranchcorp, a California corporation. I. PREAMBLE A. Declarant is the Owner of certain real property ( "the Parcels ") located in the City of Bakersfield, County of Kern, State of California, being described as follows: I:: A. B. C. D. Parcels A and B of Parcel Map Waiver No. 1`01 -0535, recorded concurrently herewith in the City of Bakersfield. Declarant wishes to establish an easement across the Parcels for the benefit of Declarant, and Declarant's successors and assigns, and for the benefit of the City of Bakersfield. IL DEFINITIONS "Sewer Easement" means the Sewer Easement created by this Document "Sewer Facilities" means those subsurface improvements constructed by Declarant within the Easement Area (as defined below). "Easement Area" means the area of land that is the subject of the Sewer Easement. The legal description ofthe Easement Area is set forth in Exhibit "A" and a graphic depiction of the Easement Area is set forth in Exhibit `B." "Parcel" and `Parcels ": "Parcel" means any one of the Parcels described in Article 1. Parcels means all of the Parcels described in Article I. E. "Owner" or "Parcel Owner" means the fee owner of one of the Parcels. 11 ACCESS Declarant expressly reserves and establishes, for the benefit of itself, as long as it owns any of the Parcels, or any one of them, and its grantees, successors in interest or assigns (i) a reciprocal, nonexclusive, sewer easement (the "Sewer Easement ") for sewer service over and/or under the Easement Area as depicted on Exhibit "B" attached hereto and incorporated herein by this reference. Subject to the provisions of this Declaration governing use and enjoyment thereof, the Sewer Easement may be used by Declarant, its successors in interest and/or assigns, purchasers and all Parcel Owners and their tenants, for sewer service from their Parcels. IV. MAINTENANCE A. Responsibility. From and after the recordation of this Declaration, the maintenance of the surface of the Easement Area shall be the responsibility of the Owner of Parcel B. From and after the recordation of this Declaration, the maintenance of the Sewer Facilities from point X to point Y as indicated on Exhibit "B" shall be the responsibility of the Owner of Parcel A. The maintenance of all other Sewer Facilities in the Easement Area shall be the responsibility of the Owner of Parcel B. B. Maintenance. Repair and Renlacement. The Sewer Facilities shall be kept in good condition and repair, and in a condition consistent with the level of maintenance followed by good to excellent commercial development in the Bakersfield area. P/1 IMPROVEMENTS WITHIN THE EASEMENT AREA A. Improvements on or Above the Surface. Other than landscaping, the Sewer Facilities, and /or the surfacing of the Easement Area for driveway and drainage purposes, no Owner or other person shall construct any improvements of any kind or nature on or above the Easement Area. B. Surface Improvements. In the event it is necessary for any Owner to cause the installation, maintenance, repair or removal of the Sewer Facilities, and thereby cause the disturbance of the Easement Area, the Owner of the Parcel having responsibility for such installation, maintenance, repair or removal as set forth in Article IV. A. above, shall bear all costs related to that activity, including the cost to restore the Easement Area as provided herein. Any such work shall be conducted after reasonable notice to the other Owner and at such times and in such manner as to minimize the interference with the Sewer Facilities and with any improvements and /or other easements withintheEasementArea. Anyadditional expense requiredtominimize interferencewith the other Owner's use ofthe Sewer Facilities and/or other improvements or easements shall be borne by the Owner causing such interference. All work shall be done by licensed contractors and in a good and workmanlike manner. At the completion of such work, if in the course of the work the Easement Area surface or any subsurface improvements are damaged in any insurer, then the Easement Area surface and/or subsurface improvements shall be fully restored to their preconstruction condition by the Owner causing such damage. \7! PAYMENT OF MAINTENANCE COSTS Declarant, its successors in interest and/or assigns, and each grantee, by acceptance of a deed from Declarant, whether or not it shall be so expressed in any such deed, is deemed to have covenanted and agrees to pay in accordance with the procedures adopted by the Owners, the maintenance, and repair costs as described herein. All such maintenance costs, together with interest costs and reasonable attorney's fees shall be the separate, distinct and personal obligation of the person or entity who was the vested Owner of the Parcel at the time the installation, maintenance, repair or removal occurred, and such Owner shall bind his heirs, devisees, personal representative and assigns. This personal obligation cannot be avoided by abandonment of the Parcel or by an offer to waive use of the Easement Area. VII. DURATION This Declaration shall continue in perpetuity, or until a Declaration of Termination is recorded, which Declaration is executed by all of the Owners of the Parcels and by the City of Bakersfield. VIII. AMENDMENT Any amendment to this Declaration must be mutually agreed upon in writing by the Owners of all Parcels affected by this Declaration and the City of Bakersfield. LEGAL PROCEEDING Failure to comply with any of the terms or restrictions by an Owner, his guests, employees, invitees or tenant shall be grounds for relief which may include, without limitation, an action to recover sums due for damages, injunctive relief, or any combination thereof. Failure to enforce any provision hereof shall not constitute a waiver of the right to enforce that provision, or any other provision hereof Any Owner, not at the time in defaulthereunder, or Declarant, its successors in interest and/or assigns, or the City of Bakersfield shall be entitled to bring an action for damages against any defaulting Owner, and/or may enjoin any violation ofthisDeclamtion. Any judgment rendered in any such action or proceeding pursuanttheroto, shall include a sum for attomeys' fees in such amount as the Court may deem reasonable, in favorofthe prevailing party, as well as the amount of delinquent payment, interest thereon, cost of collection and court costs. Each remedy provided for in this Declaration shall be cumulative and not exclusive or exhaustive. IN WITNESS WHEREOF, Declarant has caused this Declaration to be executed on the day and year first herein above written. TEJON RANCHCORP, a Califomia mrporation ByyAgop .. //�_ CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California } ss. County of Kern J On August 10. 2001 ,before me, Konnie Sue Williams -Roth, Notary Public Data Ne and TM. W offi— R...'Jane ooe. Nda, Puolr) personally appeared Jeffrey R. Warren N—au) arsiympa) 17 personally known to me U proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are WVCcmm.l5,piwF0bl6, ONWE SUE WIWMK2pfH subscribed to the within instrument and _ Carrelhdul #12 acknowledged to me that he /she/they executed Nobylflr C "aniu $f the same in his /her /their authorized 2b W- capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Race Ndary SeaIP a SlaneWR pl Ngary PuElk OPTIONAL Though Me inlomlafion below is not required by law, R may pmm valuable to persons relying on the document and could prevent baudulent removal and reattachment of this loom to another document Description of Attached Document Title or Type of Document: Declaratiom of Colrenants. r a' fioog nnd_R&atXjct Document Date: August 10 2001 Number of Pages: r ♦..as1 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: i 1-1 Individual rop Orlhumb Here ❑ Corporate Officer — Tdle(s): _ M Partner — fl Limited OGeneral [J Attorney in Fact F1 Trustee I I Guardian or Conservator II Other: Signer Is Representing: 019HNaenalNdary PVrcbYm 935�0e 5do FUe.,PO.Ba2<02.OetrmxP, CF B1a13NO2•w:m'.nelMeFdayoq fiW. M. em .1 CaA ALrne 1R3dI89BZl EXHIBIT "A" Legal Description Being a portion of the land shown as Parcel B of Parcel Waiver No. P01 -0535 recorded as Certificate of Compliance per Document No. ,20 /4-? 4 �> in the office of the Kern County Recorder, being also a portion of the northwest quarter of Section 24, T. 29 S., R. 27 E., M.D.M in the City of Bakersfield, County of Kern, State of California and more particularly described as follows; The southerly 19 feet of said Parcel No. B No. 5974 0 Exp. b ) \! i RmmTR � \ � »2 5 ƒ � K V ) �w \ �&� \ \j )\ \� «( () ;(f )) »E/ , � \ ) \\� ui ' ! � � �� } I r y ) \! i RmmTR � \ � »2 5 ƒ � K V ) �w \ �&� \ \j )\ \� «( () ;(f )) »E/ , � \ ) \\� / \/« 4� z~ � §> /r7l!O ( \ \\ \( \\ / DmP7 B % 7 , ui ' ! � � �� / \/« 4� z~ � §> /r7l!O ( \ \\ \( \\ / DmP7 B % 7 ,