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Home My WebLink AboutRES NO 250-05 RESOLUTION NO. 2 5 0 - 0 5 RESOLUTION DETERMINING ASSESSMENTS REMAINING UNPAID CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 05-1 (CITY IN THE HILLS) WHEREAS, the Finance Director of the City of Bakersfield (the "Finance Director") has filed with the City Clerk a Certificate re Paid and Unpaid Assessments, with the Jist of paid and unpaid assessments (the "Paid and Unpaid List") for Assessment District No. 05- I (City in the Hills) attached thereto, a copy of which certificate and list is attached to this resolution as Exhibit 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 said amount as the principal amount oflimited obligation improvement bonds to be 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 of assessments remaining unpaid in Assessment District No. 05-1 (City in the Hills) is the amount set forth in said Paid and Unpaid List, and by separate resolution, this Council will this same date authorize the issuance oflimited obligation improvement bonds of the City in a principal amount equal to the amount of assessments levied, rounded down, if necessary, to the nearest $5,000. DOCSSFI :845826.1 40213-36 SS4 ~ <õ/>.Kf1' o I!;, >- ~ ~ g ORIGINAL 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 2006-2007 tax roll. * * * DOCSSFI,845826.1 40213·36 SS4 2 ~ 'òAKç'9 o <f> ;:.. .., >- ñí - f- a <:> ORIGINAl 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 November 9,2005, by the following vote: ~ NOES: ABSTAIN: ABSENT: ././ / v' v v / CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCIL MEMBER COUNCIL MEMBER COUNCILMEMBER f}sSb, City~O~ Clerk of the Council of the City of Bakersfield APPROVED this 9th day of November, 2005 APPROVED AS TO FORM: ORRICK, HERRINGTON & SUTCLIFFE LLP Bond Counsel By,d-,/ ~ /' ./ COUNTERSIGNED: VIRGINIA GENNARO City Attorney By:~-m, , ~., . , DOCSSF1:845826. I 40213-36 SS4 3 «. ~p.I(~1> Q % "- - I- m - ,... '-' Q ORlnlN,4,L CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 05-1 (CITY IN THE HILLS) CERTIFICATE RE PAID AND UNPAID ASSESSMENTS I HEREBY CERTIFY the following: (1) A Propertv Owner Waiver and Consent has been executed and filed with me on behalf of the owners of each of the eleven assessment parcels comprising this assessment district, consenting to the levy of the assessments on its property in the amounts set forth in the Final Engineer's Report, waiving the entitlement to pay any portion of said assessments as levied on November 9,2005, and waiving any entitlement to challenge the validity of the assessments in Assessment District No. 05-1 (City in the Hills) ("A.D. No. 05-1"), City of Bakersfield, California. (2) The amount of assessments remaining unpaid in A.D. No. 05-1 is therefore equal to the principal amount of assessments levied on November 9, 2005, namely $15,820,000, as set forth on the attached, one-page "Exhibit A - List of Paid and Unpaid Assessments," for A.D. No. 05-1, prepared by Wilson & Associates and signed by Edward J. Wilson. Executed at Bakersfield, California, on November 9, 2005 NELSON SMITH Finance Director City ofBakersfield By A?~ DOCSSFI,845826.1 40213-36 SS4 « 'òAK~?'. () <J> :>.. -0 I- ñí ã r- ORIGINAf' EXHIBIT A CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 05-1 COUNTY OF KERN, STATE OF CALIFORNIA LIST OF PAID AND UNPAID ASSESSMENTS ASMT NO. DEVELOPMENT AREA DESCRIPTION LOT 1 IN LofTINE ADJUSTMENT NO. 05-0480 (PORTIONS OF PARCELS 8 AND 9 IN PARCEL MAP NO. 11013) PORTIONS OF LOT 2 IN LOT LINE ADJUSTMENT NO 531-010-40,41, AND :05-0480 (PORTIONS OF PARCELS 8, 9, AND 42 10 IN PARCEL MAP NO. 11013) PORTIONS OF LOT 3 IN LOT LINE ADJUSTMENT NO. 531-010-42 AND 43 05-0480 (PORTIONS OF PARCELS 10 AND 111N PARCEL MAP NO. 11013) PORTIONS OF LOT 4 IN LOT LINE ADJUSTMENT NO. 531-010-42 AND 43 05-0480 (PORTIONS OF PARCELS 10 AND 111N PARCEL MAP NO. 11013) PORTIONS OF LOT 1 IN LOT LINE ADJUSTMENT NO. 531-010-45,46, AND 05-0550 (PORTIONS OF PARCELS 3, 6, AND, 47 71N PARCEL MAP NO. 11013) PORTIONS OF LOT 2 IN LOTliNE ADJUSTMENT NO. 531-010-45 AND 46 05-0550 (PORTIONS OF PARCELS 6 AND 7 IN PARCEL MAP NO. 11013) PORTIONS OF , LOT D IN Lof LINE ADJUSTMENT NO. 531-010-45,46, AND !05-1188 (PORTIONS OF PARCELS 3, 6, AND 47 7 IN PARCEL MAP NO. 11013) LOT A IN LOT LINE ADJUSTMENT NO. 05-0427 (PORTIONS OF PARCEL 2 IN PARCEL MAP NO. 11013) ATN/ DESCRIPTION PORTIONS OF 531-010-40 AND 41 2 3 4 5 6 7 8 PORTIONS OF 531-010-39 9 531-010-44 PARCEL 5 IN PARCEL MAP NO. 11013 10 PORTIONS OF 531-010-34 AND 35 LOT A IN LOT LINE ADJUSTMENT NO. 05-1188 (PORTIONS OF PARCELS 1 AND 4 IN PARCEL MAP NO. 11013) , LOT A IN LOT LINE ADJUSTMENT NO. 05-1188 (PORTIONS OF PARCEL 4 IN PARCEL MAP NO 11013) 11 PORTIONS OF 531-010-29 AND 34 TOTAL UNPAID ASSESSMENT AMOUNT: PROPERTY OWNER REGENT LAND INVESTMENT, LLC K. HOVNANIAN'S FOUR SEASONS AT BAKERSFIELD, LLC REGENT LAND INVESTMENT, LLC REGENT LAND INVESTMENT, LLC REGENT LAND INVESTMENT, LLC K. HOVNANIAN AT ROSEMARY LANTANA, LLC MOUNTAIN VIEW BRAVO, LLC D. R HORTON LOS ANGELES HOLDING' COMPANY, INC D R HORTON LOS ANGELES HOLDING.¡ COMPANY, INC MOUNTAIN VIEW BRAVO, LLC MOUNTAIN VIEW BRAVO, LLC I UNPAID ASSESSMENT, I AMOUNT I 2307'~;~4;1 -I 1,572,539.43 1,023,646,79 690,088.74 1 2,067,501.71 1 1,345,903.06 1,934,469.27 1,063,306.20 2,252,199,71 914,303.95 648,608,71 15,820,000.00 MAP AND DOCUMENT REFERENCES 1 PARCEL MAP NO. 11013 RECORDED SEPTEMBER 16,2004, IN BOOK 53 OF PARCEL MAPS, AT PAGES 130THRQUGH 146, K.C.R. 2 CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT NO. 05-0427 RECORDED SEPTEMBER 9, 2005. AS DOCUMENT NO. 0205246719, OR 3 CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT NO. 05-0480 RECORDED SEPTEMBER 28, 2005, AS DOCUMENT NO. 0205265792, OR 4 CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT NO. 05-0550 RECORDED OCTOBER 24, 2005, AS DOCUMENT NO. 0205294020. OR 5 CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT NO, 05-1188 RECORDED NOVEMBER 1, 2005, AS DOCUMENT NO. 0205303329, O.R. PREPARED BY: WILSON & ASSOCIATES FRESNO, CALIFORNIA ~,vJ EDWARD J. WILSON, R.C.E. 23269 (EXPIRES 1 APPROVED BY: 29670UNP Ä-1 DATE: '--~~-'----_._--_.- ~ú-.r 0 ~--- x 'òMt~ () ~ ).., - m 11/02/21@r r::; ORIGINAL