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HomeMy WebLinkAboutRES NO 48-99 RESOLUTION NO. 4 8 ' 9 9 RESOLUTION DETERMINING ASSESSMENTS REMAINING UNPAID CITY OF BAKERSFIELD ASSESSMENT DISTRICT 5NO. 98-1 (BRIMHALL IV/STOCKDALE HIGHWAY COMMERCIAL/GOSFORD INDUSTRIAL) WHEREAS, the Finance Director of the City of Bakersfield (the "Finance Director") has filed with the City Clerk a list of paid and unpaid assessments for Assessment District No. 98-1 (Brimhall IV/Stockdale Highway Commercial/Gosford Industrial), a copy of which list is attached to this resolution as 2Exhibit A and by this reference incorporated herein, certifying that the entitlement to pay in cash was waived in writing by the affected property owners, that in accordance with said written waivers no cash payments were received, and that the amount of assessments remaining unpaid is equal to the amount of assessments levied; and WHEREAS, this City Council wishes to establish said amount as the amount of unpaid assessments and to ratify the amount of not to exceed $5,830,000 as the Tprincipal mount of limited obligation improvement bonds authorized and issued in these proceedings upon the security of said unpaid assessments. NOW, THEREFORE, THE CITY COUNCIL HEREBY FINDS, DETERMINES AND RESOLVES as follows: SECTION 1. ASSESSMENTS UNPAID. This Council hereby finds and determines that, as set forth in the attached Paid and Unpaid List, and there being no information to the contrary, the amount o:f assessments remaining unpaid in Assessment District No. 98-1 (Brimhall IV/Stockdale Highway Commercial/Gosford Industrial) is the amount set forth in said Paid and Unpaid List, and by separate resolution, this Council has authorized the issuance of limited obligation improvement bonds of the City in a principal amount to be established on the basis of said unpaid assessments. The principal amount of bonds to be issued shall be equal to the amount of assessments levied, rounded down, if necessary, to the nearest $5,000. I)OCSSFI :32841)0.1 SECTION 2. TRANSMITTAL TO COUNTY AUDITOR. The City Clerk is hereby directed to transmit a copy of this resolution to the County Auditor of the County of Kern, and said County Auditor is requested to proceed in accordance with Section 8682 of the California Streets and Highways Code in the collection of installments of these assessments and the interest thereon on the secured property tax assessment roll of the County, commencing with the 1999-2000 tax roll. · · , DOCSSF1:328400. I 2 I HEREBY CERTIFY that the foregoing resolution was passed and adopted by tt~e Council of the City of Bakersfield at a regular meeting thereof held on April 28, 1999, by the following vote: AYI!iS: NOES: ABSTAIN: ABSENT: CARSON, DEMOND, MAGGARD, COUCH, P. OL~ArE£, SULLIVAN, SALVAGGIO COLJNCIL. M EMBER/~t 0 tl ~. 'City Clerk and Ex Offic~ Clerk of the Council of the City of Bakers field APPROVED this 281h day of April, 1999 MAYO:I~;f the C~:i Ba/kersfield APPROVED AS TO FORM: ORRICK, HERRINGTON & SUTCLIFFE LLP Bond Coun COUNTERSIGNED: CITY ATTORNEY of ti~e t~ :J'L City of Bakers field [)()('SSt:~I :328400. l 3 CERTIFICATE RE PAID AND UNPAID ASSESSMENTS CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 98-1 (BRIMHALL IV/STOCKDALE HIGHWAY COMMERCIAL/GOSFORD INDUSTRIAL) I HEREBY CERTIFY the following: (1) A Property Owner Consent and Waiver has been executed and filed with me by the authorized representatives of Castle & Cooke California, Inc., and Castle & Cooke Commercial-CA, Inc., respectively, the property owners, consenting to the levy of the assessments on their respective properties in the amounts set forth in the Final Engineer's Report, dated April 8, 1999, waiving the entitlement to pay any portion of said assessments as levied on April 28, 1999, and waiving any entitlement to challenge the validity of the assessments in Assessment District No. 98-1 (Brimhall IV/Stockdale Highxvay Commercial/Gosford Industrial), City of Bakersfield, California. (2) The amount of assessments remaining unpaid in Assessment District No. 98-1 (Brimhall IV/Stockdale Highway Commercial/Gosford Industrial) iS therefore equal to the principal amount of assessments levied on April 28, 1999, as set fbrth on the attached List of Unpaid Assessments. Executed at Bakersfield, Califomia, on April 28, 1999 GREGORY J. KLIMKO Finance Director City of Bakersfield DO('SSF1:328400.1 EXHIBIT A CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 98-1 COUNTY OF KERN, STATE OF CALIFORNIA ASSESSMENT ROLL ; ASSESSMENT NUMBER (ATN) / ~ ASSESSMENT ! NUM_B~E~R : , PR~pER_~_DESC~p~J~ ..~ ...... ~p~:010-24-00-2 (~ P96-0876; L0~ 1) C~ST~ COOKE CALIFORNI~J~C' ...... $3,100,054.81 2 LLA P98-0776: PARCEL A C~]LE ~ COOKE COMMERCIAL-CA, INC $427,938.41 _ ~ L~98-077~; P~Lj .... CASTLE & COOKE COMMERCIAL-CA, INC '~" '' $225,186.18 4 LLA P98-0776; PARCEL C CASTLE &COOKE COMMERCIAL-CA NC $706,881.44 SALES MAP OF ~DS OF KERN COUNTY ~ND COMPANY; LOT 1 EXCEPTING 5 RAILROAD RIGHT-OF-WAY PEr BK. 54 OF CASTLE &COOKE COMMERCIAL-CA, INC $134,384.50 DEEDS, PC. 264 (PORTION OF 497-010-24-00-5) ............ SALES MAP OF ~NDS OF KERN COUNTY ~ND COMPANY; LOT 2 EXCEPTING: CITY 6 ~LL SITE PARCEL PER BK. 5648, PC, 1141, O.R., RAILROAD RIGHT-OF-WAY PER BK. 54 CASTLE & COOKE: COMMERCIAL-CA, INC $106,584.27 OF DEEDS. PC. 264 AND PER BK. 120 OF DEEDS, PC. 448 (PORTION OF 497-01~24-0~5) SALES MAP OF ~NDS OF KERN COUNTY 7 ~ND COMPANY; LOT 7 EXCEPTING RAILROAD RIGHT-OF-WAY PER BK. 120 OF CASTLE & COOKE COMMERCIAL-CA, INC $190,486.78 DEEDS, PC. 448 (PORTION OF 497-010-2~0~5) SALES MAP OF ~NDS OF KERN COUNTY ~ND COMPANY; LOT 8 EXCEPTING CITY 8 ~LL SITE PARCEL PER BK. 5987, PC. 1010, CASTLE & COOKE COMMERCIAL-CA, INC $187,576.29 O,R. (PORTION OF 497-01~2~-5) .... ~L~ MA~S O~RN COUN+Y 9 LAND COMPANY; LOT 9 (PORTION OF CASTLE &COOKE COMMERCIAL-CA, INC $188,880.99 497-010-24-00-5) ....... S~LES'M~P O~ ~NDS O~'~O~T~ 10 LAND COMPANY; LOT 10 (PORTION OF CASTLE &COOKE COMMERCIAL-CA. INC $199,318.62 497-010-24-00-5) 11 ~ND COMPANY; LOT 15 (PORTION OF CASTLE &COOKE COMMERCIAL-CA, INC $186,572.67 497-010-24-0~5) 12 ~ND COMPANY; LOT 16 (PORTION OF CASTLE &COOKE COMMERCIAL-CA, INC $176.135.04 497-010-24-00-5) 497-010-09-00-2 (CITY ~LL SITE PARCEL PER 13 BK. 5648, PC. 1141, O.R.) CITY OF BAKERSFIELD $0.00 ~g~0~-d0-6]~i'~'~LL SiTE PARC~ 14 BK, 5987, PC. 1010, O.R.) CITY OF BAKERSFIELD $0.00 BRIMHALL IV AREA TOTAL (Assessment No. 1 ): $3,100,054.81 STOCKDALE HIGHWAY COMMERCIAL AREA TOTAL (Assessment Nos. 2 through 4): $1,360,006.03 ~O__,~EQRD INDUSTRIAL AREAj~BL [~sessment Nos. 5 ~roughj~: _ ...... $1,369,939.16 TOTAL AMOUNT ASSESSED: $5,830,000.00 NOTES: 1. CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT NO. P96-0876 (L~ P~-0876) WAS RECORDED JANUARY 22. 1997, AS DOCUMENT NO. 0197008499, OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF THE COU~Y OF KERN. 2. CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT NO. P98-0776 (L~ P98-0776) WAS RECORDED DECEMBER 2, 1998, AS DOCUMENT NO. 0198167577, OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF KERN. 3. SALES MAP OF LANDS OF KERN COUNTY ~ND COMPANY FOR SECTION 20, TO~SHIP 30 SOUTH, RANGE 27 EAST. MOUNT DIABLO BASE AND MERIDIAN, DATED MAY 23, 1892, WAS FILED MAY 28. 1892, IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF KERN. 4. IN THE PRELIMINARY ENGINEER'S REPORT FOR AD 98-1 THE PARCELS IDENTIFIED AS ASSESSMENT NUMBERS 5 THROUGH 12 ~RE LOCATED IN THE SOUTHEAST QUARTER OF SECTION 20, TO~SHIP 30 SOUTH, ~NGE 27 EAST ~ 30 S, R 27 E), MOUNT DIABLO BASE AND MERIDIAN (MDB &M). ASSESSMEN1 NOS. 13 & 14 ~RE NOT ASSIGNED TO ANY PARCELS SHO~ IN THE PRELIMINARY ENGINEER'S REPORT FOR AD 98-1. BOUNDARY AMENDMENT NO. 1 FOR AD 98-1 REMOVED THE COSFORD INDUSTRIAL AREA SHO~ IN THE PRELIMINARY ENGINEER'S REPORT FOR AD 9~1 FROM ASSESSMENT DISTRICT NO. 98-1 AND ADDED NEW COSFORD INDUSTRIAL AREA TO ASSESSMENT DISTRICT NO. 9~1 LOCATED IN THE NORTHEAST QUARTER OF SECTION 20, T 30 S, R 27 E. MDB & M. AS SHO~ IN THIS FINAL ENGINEER'S REPORT FOR AD 9~1. PREPARED BY: WILSON & ASSOCIATES APPROVED BY: ..... EDWARD~.VVIC~ON~R'.CE 23269 (EXPIRES 12-31-01) 29360EA A-1 DATE: