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Home My WebLink AboutMD 2-65 3001 Ming AvenueRecording requested by and for the benefit of the City of Bakersfield, When recorded mail to: City of Bakersfield City Clerk's office 1600 Truxtun Avenue Bakersfield, CA 93301 MD 2-65 Existing Legal: See attached Exhibit B Map or Project Number: SPR No. 16-283 ATN (s): 023-521-01-00-8 Jon Uquis I Assessor— Recorder Kern County Official Records Recorded at the request of Public coca: 0217035725 11 1 11111111111 1111111111111111111 I 11`1 THIS SPACE FOR RECORDER'S USE ONLY COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT SABRINA 3121/2017 11:13 AM Stat Types: 1 Pages: 4 Fees 0.00 Taxes 0.00 Others 0.00 PAID $0.00 THIS COVENANT is executed on Monday, December 12, 2016 by GS Portfolio Holdings LLC, a Delaware limited liability company, herein after referred to as ("Owner's), in connection with the Consolidated Maintenance District, located in the City of Bakersfield, California. The real property (the "Property") described in the attached Exhibit B is located within the Consolidated Maintenance District and may be assessed on an ongoing, yearly basis for maintenance of a public park and landscaping on public rights-of-way within the district. The appropriate Street and Park Tiers will be assigned by the Parks and Recreation Department. Assessment is imposed in accordance with California Proposition 218 with the Consent of the Majority Property owner as can be seen on the ballot cast and attached as Exhibit A. Although this Property may have been assessed a lesser amount in the present tax year, the ultimate estimated annual assessment for maintenance of a public park and public landscaping based on full build out of this district, is $204.46 per equivalent dwelling unit, based on fiscal year 2016-2017 dollars and labor costs of the district. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles - Riverside - Orange County/All Urban Consumers Consumer Price Index. (See Bakersfield City Council Resolution No. 019-05.) This covenant may not be amended or modified without the prior approval of the City of Bakersfield. This covenant shall run with the land. Dated this December 12 , 2016 [Signatures on the following page] Owners)/Developer(s): City of Bakersfield: GS Portfolio Holdings LLC lt.'a5��1� lem�An� Nick Fidler, Public Works Director By: GGP-SRC Member, LLC, its managing member Authorized Signatory �'& q 09 Y 4.41ivcN STATE OF ILLINOIS } SS COUNTY OF COOK ) On 201)k,before me,4&d. L�,�i�?�'Notary Public, personal) a eared y pp who proved t me on the basis of satisfactory evidence to be the person w r se name is ubscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person(s) acted, executed the instrument. �• WITNESS my hand and official seal. OMgAL TEAL KATYA A. �ANOOINSKA NoT�nr Pueuc, STATE OF 1111111101S (Seal) wry �m mea Oct t7, 2020 EXHIBIT B LEGAL DESCRIPTION OF THE PROPERTY Real property in the City of Bakersfield, County of Kern, State of California, described as follows: ALL THAT PORTION OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 30 SOUTH, RANGE 27 EAST, MOUNT DIABLO MERIDIAN, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION; THENCE SOUTH 890 2013011 EAST, ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID NORTHWEST QUARTER, 55.08 FEET THENCE SOUTH 000 39'30" WEST 55.00 FEET; ' . THENCE SOUTH 89° 20' 30" EAST, 1082.34 FEET; THENCE SOUTH 000 39' 30" WEST, 512.02 FEET; THENCE NORTH 890 18158" WEST, 250.00 FEET; THENCE SOUTH 300 52' 14" WEST, 135.32 FEET, TO A POINT ON THE NORTH LINE OF A PARCEL DESCRIBED BY EXCEPTION IN A DEED TO SEARS, ROEBUCK AND COMPANY, RECORDED IN BOOK 3619 PAGE 693, OFFICIAL RECORDS; THENCE NORTH 890 19' 28" WEST, ALONG SAID NORTH LINE, 818.38 ' FEET TO THE WEST LINE OF SAID NORTHWEST QUARTER OF SAID NORTHWEST QUARTER; THENCE NORTH 00 34' 45" EAST ALONG SAID WEST LINE, 683.61 FEET, TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION; THENCE SOUTH 890 20-301' EAST ALONG THE NORTH LINE OF SAID SECTION, 75.11 FEET; THENCE SOUTH 000 39' 30" WEST, 55.00 FEET TO THE SOUTH RIGHT OF WAY LINE OF MING AVENUE AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 890 20' 30" EAST ALONG SAID SOUTH RIGHT OF WAY LINE, 520.83 FEET; THENCE SOUTH 450 39130v' WEST, 21.213 FEET; THENCE NORTH 890 20' 30" WEST, 505.83 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 20-00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 900 04'45", AN ARC LENGTH OF 31.44 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF WIBLE ROAD; THENCE NORTH 000 34' 45" EAST ALONG SAID EAST RIGHT OF WAY LINE, 15.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 20.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 900 04'45", AN ARC LENGTH OF 31.44 FEET TO THE TRUE POINT OF BEGINNING. APN: 023-521-01-00-8 Containing approximately 14.67 acres. Exhibit `A' to the Covenant Disclosing Inclusion in a Maintenance District. PROPOSITION 218 BALLOT CITY OF BAKERSFIELD CONSOLIDATED MAINTENANCE DISTRICT This assessment ballot is for the use of the property owner of the parcels identified below, which are proposed to be included in the City of Bakersfield Consolidated Maintenance District (CMD). This assessment ballot may be used to express either support for or opposition to pp inclusion within the CMD. To be counted, this assessment ballot must be signed below b the g Y 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: GS PORTFOLIO HOLDINGS LLC a- 40-elwo, v -e, Mhs NlI ib 1"<< Con) n Property p y description: APN. 023-521-01-00-5/3001 Ming Avenue (Address &tor A TN(s)) The individual annual assessments for fiscal year 2416-2017 shall not exceed $ 244.46 per equivalent dwelling unit plus any costs incurred by the City from the County Assessor's office for adding parcels to the Tax Roll. NO'T'E: In each subsequentY ear annual assessments may increase by the cost of living reflected in the Los Count Angeles—Riverside—Orange /All Y Urban Consumers Consumer Price Index. ASSESSMENT BALLOT MEASURE Shall the City Council of the City of41 SoYes Bakersfield include the above described property within the Consolidated Maintenance District and levy an assessment not to exceed O No the amount set forth above? GS Portfolio Holdings LLC, 2 4efooi rG 14'4111 1� '"T 41, 1 By: GGP-SRC Member, LLC, its managing member BY: .� ( � t 1101. -1 Authorized Signatory Date: �Lda /fQ • p GS PORTFOLIO HOLDINGS LLC City of Bakersfield - Public Works Department Attn: Daniel Padilla 1600 Truxtun Avenue Bakersfield, California 93301 Dear Mr. Padilla: RE: Inclusion of a Seritage Parcel at Valley Plaza, Bakersfield, in a Consolidated Maintenance District ("CMD") APN: 023-521-01-00-8, SPR No. 16-283 The undersigned, GS Portfolio Holdings LLC, a Delaware limited liability company (the "Owner"), is the fee owner of the property legally described in the attached Exhibit B (the "Property"). The Owner hereby requests that the Property be included within the CMD. This request is in accordance with the requirements of Bakersfield Municipal Code Section 13.04.021. Enclosed is a check for $ 871 as required by the City to cover the costs of this inclusion into the CMD. If requested, our engineer will supply you with a computer disk copy of the map for your use. We understand that under Proposition 218 and Government Code section 53753 (" applicable law"), a City Council hearing will be held for purposes of including the above property within the CMD and determining the amount of assessments. We hereby waive our right to have a hearing within the time parameters set forth in the applicable law. We further understand that the hearing is scheduled for , 20 at 5:15 p.m. in the Council Chambers located at 1501 Truxtun Ave., Bakersfield, CA 93301. We hereby waive our right to further notice of that hearing. [Signatures on the following page] GS Portfolio Holdings LLC, c/o General Growth Properties, Inc. 1 110 North Wacker Drive I Chicago, Illinois 60606 1312.960.5000 CD/kl Enclosure Respectfully, GS Portfolio Holdings LLC By: GGP-SRC Member, LLC, its managing member By: / (�I Authorized Signatory Signature page to application for inclusion of the Seritage Parcel at Valley Plaza, Bakersfield, in a Consolidated Maintenance District w City of Bakersfield *** CUSTOMER RECEIPT* Oper: KBOLAND Type: OC Drawer: 1 Date: 12/14/16 31 Receipt no: 54674 Description Quantity Amount 1K PW MAINT DIST FORMATION 1.00 $871.00 MAINTENANCE DISTRICT FORMATION FEE APN 023-521-01 MCINTOSH KB Tender detail CK CHECK 35200414 $871.00 Total tendered $871.00 Total Payment $871.00 Trans date: 12/14/16 Time: 16:47:30 HELP CONTROL THE PET POPULATION. PLEASE SPAS' OR NEUTER YOUR PET. 00