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HomeMy WebLinkAboutAD 94-3 Apportionment #74 Park''r MUNICIPAL BOND FINANCING ~~ ~~~DII t:OR LAND DEVELOPMENT AND COMMUNITY FACILITIt;S C1Vll. ENGINEER PROJECTS ~~ • CE2~260 ls~r~ ~& ~s~u~~~~~ F'RANGE~ SQUIRE 4221 WfS~' SIERRA MADRE, SUITI~ 2Q0 cpMr~uNrTY R~LATIONB SP~CI AI.I ST FRISNQ, CALIFORNIA 93722 629) 275.5445 June 1 b, 1998 29342 Ms. Carol Stringer Castle & Cooke California, lnc. P. ~. Box 111b5 Bakersfield, CA 93389 Re: Apportionment of Existing Assessments 815, 1448, and Zo71 in City of Bakersfield Assessment District No. 94-3 to New Assessments 2374 through 2377 Assigned to the New Parcels Created by Grant Deeds Regarding the Exchange of Park Properties ("Grant Deeds") -Assessment and Diagram Amendment No. 74 Dear Carol: Enclosed far your review -and signing by the appropriate. corporate officer are two copies of an apportionment application farrra covering the apportiozu~nent of the referenced existing assessments to the new parcels created by the above-referenced Grant Deeds. The form requests that the remaining principal balances for existing Assessments 815, 1448, and 2071 be apportioned to the new parcels created by the recordation of said Grant Deeds. The amounts of remaining assessrzaent principals for the referenced existing assessments and a description of how those assessment principal amounts have been apportioned to the new parcels are included in the engineer's Report attached to the enclosed application. A reduced, not to scale copy of the Amended Assessment Diagram is also attached to the application. Please have one copy of the enclosed forms signed and send it to Marian P, ~hav~ at City of Bakersfield Public "V~~rks. The additional copy of the appliGat on form is enclosed for your files, Also enclosed is an envelope addressed to Ms. Shaw for your use in sending the signed form to her, She needs to receive this form as soon as passible. Please call me at the above number if you have any questions about the. application form or this assessment apportionrn~nt. Sincerely, Ed Wilson Wilson & Associates Enclosures cc: Marian Shaw T0: SUPERINTENDENT OF STREETS CITY OF BAI~ERSFIELD RE: ASSESSMENT DISTRICT N0, 94-3, ASSESSMENT AND DIAGRAM AMENDMENT N0.74. APPLICATION FOR SEGREGATION AND APPORTIONMENT OF EXISTING ASSESSMENTS PURSUANT TO PART 10.5 OF DIVISION 1Q, STREETS AND HIGI~~VAYS CODE OF THE STATE OF CALIFORNIA, THE IMPROVEMENT FOND ACT OF 1915 , Re,~,i~, ~.~f A libation: I. RE{~UEST FOR APPORTIONMENT OF EXISTING ASSESSMENTS 815, 1448, AND 2071 WHERE SAID PARCELS HAVE BEEN SUBDIVIDED BY GRANT DEEDS REGARDING THE EXCHANGE OF PARR PROPERTIES II. ACCEPTANCE OF ASSESSMENT APPORTIONMENT PROCEDURE, WAIVER OF NOTICE AND HEARING THEREON, AND REQUEST T~ RECORD AMENDED ASSESSMENTS. ~~ I. REQUEST FOR APPORTIONMENT OF THE UNPAID ASSESSMENT PRINCIPAL AMOUNTS FROM EXISTING ASSESSMENTS 815,1448, AND 2071 IN THE CITY OF BAKERSFIELD WHERE SAID PARCELS DAVE BEEN SUEDIVI~ED BY ~~ANT DEEDS REGARDING THE EXCHANGE OF PARK PROPERTIES The undersigned are the original owners of existing Assessments 144$ and 2071 ("Assessment 144$" and "Assessment 2071", respectively),. which together with exis ing Assessment ("Assessment 818 ") owned by the City of Bal~ersfield the "City"), have been subdivided andlor adjusted by two grant deeds the "Grant Deeds") related to the exchange of parr properties between the City and the undersigned, and are also the owners of Amended Assessments 2375, 237, and 277 created by said Giant Deeds, A descri Lion of said p existing assessments, the total amounts of the unpaid assessment principal balances effective January 1,1998,. and a description of how said parcels have been subdivided are included in the Engineer's Report Exhibit P, Description of Existing Assessments in Cit of Y Bakersfie~dAssessment District No, ~4-~ (hereinafter "AD "~4-3"), attached hereto and incorporated herein by reference, As the original owners and subdividers of the referenced existing Assessments 1448 and 2071, the undersigned hereby request the Superintendent of Streets far the City of Bal~ers~eld to apportion the amounts remaining unpaid on e~sti~g Assessments 144$ end 2071 in accordance with the provisions of the Improvement fond Act of 1915, The unpaid principal amounts for said existing assessments, as shown on E~chibit P, have been apportioned to each 29342CC.APP -1 " Ob! 17198 separate part of the original parcels of land comprising the existing assessments in the amounts as shown on Engineer's Report Exhibit A, Amended Assessment Roll attached hereto and incorporated herein by reference. II. ACCEPTANCE OE ASSESSMENT APPORTIONMENT PROCED~JRE AND REQUEST TO RECORD AMENDED ASSESSMENTS. we have reviewed Exhibit C (Description of Assessment Apportionment Procedure) included i.n the attached Engineer's Report, describing the procedure used to apportion shares of the unpaid assessment principal amounts for existing Assessments 144$ and 2071 in AD 94-3 to tY~e parcels created by the recordation of said Grant Deeds, Pursuant to a review of Exhibit C, the undersigned have determined that the amended assessment amounts shown on said Exhibit A have been apportioned in accordance with the benefits the parcels. will receive from the improvements financed by AD 94-3, based on current parcel zoning and with proposed uses. Therefore, the undersigned waive notice and hearing before the City Council on this assessment apportionment, accept the procedure used for tl~e requested apportionment of the principal balances for existing Assessments 144$ and 2071, and request and consent to the recordation of the apportioned. assessments on the properties for which the undersigned are listed as the owners on the accompanying Exhibit A, and to the amended assessment amounts shown thereon. As agreed by the City and the undersigned owner of Assessment 1448 (Castle & Cooke Commercial-CA, Inc), the undersigned will deposit (either with the City Finance Department or in~ escrew) the finds needed to pay cuff Amended Assessment 2374 lien (as calculated by the City Finance Department based on the amount shown. on Exhibit A attached to the Engineer's Report for this Apportionment No. 74) prior to recording said Grant Deeds related to this exchange of park properties, leaving the City-owned park/open space parcel (Amended Assessment 2374) with no AD 94-3 assessment lien, Submitted by, CASTLE ~ COOKE CALIFORNIA, INC., a California Corporation (Owner of Existing Assessment 2071 and Amended Assessments 237E and 2377) By; Dated; ,.1998, CASTLE & COO~E COMMERCIAL-CA, INC., a California Corporation (Owner of Existing , Assessment 1448 and Amended Assessment 2375) By; Dated. , 1998. Attachment: Engineer's Report on Assessment Apportionment No. 74 29342CC,APP ~2_ 06117/98 ~ FOR L,A~ND DE EIpPM~NT G ~d W~~U~L AND COMMUNITY FACILITIES pIV1L, ENGINSER PROJECTS "'[~?~~~~ ~ ~~~ C~~$2B9 FIANCES SQUIRE 4222 1NEST 51ERRA MADRE, S~Ji`1"E 2p1 ~©MMUN11"Y R~i,ATi0N6 BF~IrC1Ai.iST FRESNO, CAhI!*QI=iNIA 93722 (249) 275-5445 June 16, 1998 29342 Mr. Samuel A. Sperry Orrick, Herrington ~ Sutcliffe (Jld Federal Reserve Bank Building 400 Sansome Street San Francisco, CA 94111 Re: Assessment & Diagram Amendment No, 74, City of Bakersfield AD 94-3, Segregating and Apportioning Existing Assessments 815, 1448, and ~0~ 1 Pursuant to a Subdivision of District Lands by grant Deeds for the Exchange of dark Properties Dear Sam: 'fie enclose the following in connection with. the above-captioned matter: l , Copy of my letter of this date to Marian Shaw; 2, Copy of Engineer's Report and attachments thereto; 3 , Capy of Notice to Bondholder; 4, Copy of my transmittal later to Sutro & Co, ; and 5. Copy of Certificate of Filing the Apportionment, Sincerely, ~w Ed Wilson Wilson & Associates Enciosures cc: Marian Shaw Ms. Marian Shaw June 16, 1998 Page Two Go ahead and mail the Notice to Bondholder to Sutro & Co. immediately after it is signed, based on the subdivider's request for apportionment and payment of the apportionment fee prior to recording the final subdivision map. A. Have the Notice to Bondholder form signed by Raul Rojas and send it certified mail to Sutro & Co. Use the enclosed pre-addressed envelope. The second copy of the Notice to Bondholder form is for your files. B. Have Raul Rojas sign Item 1 on each copy of the Certificate of Filing form. (The Engineer's Report should remain attached to each Certificate.} C. You will need to fill in the date on Item 2 of the Certificate of Filing after notice is mailed to Sutro & Co. and sign that certificate. One copy of the Certificate will be for your files., and the other copy ~ is for the Finance Office as outlined in Item D, below. D. Complete Item d of the Certificate of Filing, attach a copy of the conformed Notice of Amended Assessment to the Certificate of Filing (including the already attached Engineer's Report), and file the package with the City Finance Director. Please send me a photocopy of the signed certificate only, and I will send a copy onto Sam Sperry for his files. Also, please send me a copy of the certified mail receipt you receive when you mail the notice to Sutro & Co. I will send the Amended Diagram original and Notice of Amended Assessment to John Stinson for recording, by separate transmittal. Sincerely, L9,w~ Ed Wilson Wilson & Associates Enclosures cc: Sam Sperry MUNICIPAL, BOND FINANCING FOR L,A~ND DEVELOPMENT AND COMMUNITY FACILITIES PROJECT June 16, 1998 Ms. Marian Shaw Public 'Works Department City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 Wilson ~ Assoe~ates 4221" WEST SIERRA MADRE. SUITE 201 FRESNO. CALIFORNIA 93722 (209) 275-5445 Ed W~ison CIVIL ENGINEER CE23269 FRANCES SQUIRE COMMUNITY REI.ATION$ sP>:ctat.IST 29342 Re: Assessment ~i Diagram Amendment No. 74, City of Bakersfield Assessment District No. 94-3, Segregating & Apportioning Existing Assessments 815, 1448, and 2071 Pursuant to a Subdivision of District Lands by Grant Deeds Regarding the Exchange of Park Properties Dear Marian: The following .items related to the referenced assessment apportionment are enclosed for your review and processing: 1. one copy of the form entitled "Request for Apportionment of Existing Assessments 815, 1448, and 2071 " to be signed by Castle & Cooke California, Inc. and Castle & Cooke Commercial-CA, Inc, together with a copy of our ,transmittal letter to them. 2. A copy of my letter to Sam Sperry transmitting the apportionment documents. 3. A copy of the Amended Assessment Diagram for you to file in the office of the Superintendent of Streets. A reduced copy is enclosed in the report that will be sent to -the underwriter with the Notice to Bondholder. 4. My dated transmittal letter addressed to Sutro & Co. is enclosed for sending the Notice to Bondholder form to them by certified mail. 5. Two copies of the Notice to Bondholder form, with a copy of the Amended Assessment Roll and also of the full Engineer's Report with all the exhibits. 6. Two copies of the Certificate of Filing the Apportionment, with a copy of the Engineer's Report attached to each one. \~ Preliminary Report American Title Company PRELIMINARY REPORT In res onse to the a lication for a policy of title insurance referenced herein, AMERICAN TITLE P pP hereof a COMPANY hereby reports that it is prepared to issue, or cause to be issued, as of the date , Folic or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set y ~ fect lien or encumbrance not forth, insuring against loss which may be sustained by reason of any de , shown or referred to as an Exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations bf said policy forms. The rinted exce tions and exclusions from coverage of said Policy or Policies are set forth in Exhibit p .p Bice which issued A attached. Copies of the Policy forms should be read. They are available from the o the report. This re ort and an su plements or amendments hereto) is issued solely for the purpose of facilitating p ( Y P .. the issuance of a Policy or Policies of title insurance and no liability is assumed hereby. If it is desired that Iiabili be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment ry .. TY should. be re uested. The Policy(s) of title insurance to be issued hereunder will be policies of FIDELI q . NATIONAL TITLE INSURANCE COMPANY, a California Corporation. Please: read. the exception shown or referred to below and the exceptions and exclusions set forth ' ' ' ' re ort carefull .The exce tions and exclusions are meant to provide: you with in Exhibit A of this p y p notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is im octant to note that this preliminary report is not a written representation as to the condition • p ff tin title to the land. of title and may not list all hens, defects and encumbrances. a ec g American Title Company ,,,.,,., . ,, T , .• ~ ~ ~F o • P ,....., 0 , •G ,.oRP oR~.,~,~ ~. .~I:G '"''~-' Z~ a : ? 1988 0 : ,~ ', S '. • . ,~ ~. ~~... ~~ Counter~id:~~-~ "t BY Authorie~ Signatory BY , President ATTEST Sknnry FORM 820.89-94 #27 (1196) PRELIMINARY REPORT COVER • (Rev. 115194) Repented (2J97) AMERICAN TITLE COMPANY 201 NEW STINE ROAD, SUITE 300 BAKERSFIELD, CA 93309 X805) 398-7100 AMERICAN TITLE COMPANY 201 New Stine Road, Suite 300 8a~ersfield, CA 93309 Date: June 4, 1998 Escrow Off: Brenda Amble Your No.: Our No. 115762 Dated as of May 27, 1998 at 7:30 A.M. PRELIMINARY REPORT In response to the above referenced application for a policy of title insurance, AMERICAN TITLE, hereby reports that it is prepared to issue, or cause to be issued, as Of the date hereof, a Policy or Policies of Title Insurance 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 or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the cover attached to the report herein. Copies of the Policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to in Schedule B and the exceptions and exclusions set forth in the cover attached to the report herein carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report~is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land.. 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 PRIOR TO THE ISSUANCE OF A POLICY~OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. The form or policy of title insurance contemplated by this report is: 1. California Land Title Association Standard Coverage Policy 2. American Land Title Association Owner's Policy Form B 3. American Land Title Association Residential Title Insurance Policy [ ] 4. American Land Title Association Loan Policy .~ .~ ,..o/ ~~ SCOTT HURRAY Title Officer Order No.: 115762 SCHEDULE A The estate or interest in the land described or referred to in this schedule covered by this report is: A FEE Title to said estate or interest at the date hereof is vested in: CITY OF BAKERSFIELD, a municipal corporation The land referred to in this report is situated in the State of California, County of Kern, and is .described as follows: See Exhibit "A" attached hereto and made a part hereof. Our No.: 115762 EXHIBIT A All that portion of the SE 1/4 of Section 7, Township 30 South, Range 27 East, M.D.M, in the City of Bakersfield, County of Kern, State of California, being describes as follows: Commencing at the Southeast corner of said Section 7; thence North 20°25'55" West, 2312.60 feet to the true point of beginning; thence South 70°24'08" west, 555.25 feet; thence North 19°35'52" West, 334.45 feet to the beginning of a curve concave to the East, having a radius of 505.00 feet; thence Northerly along said curve through a central angle of 26°18'00" an arc distance of 231.81 feet; thence North 06°42'08" East, 28.65 feet to the beginning of a non-tangent curve concave to the North, having a radius of 500.00 feet and to which beginning a radial line bears South 13°39'31" West; thence Easterly along said curve through a central angle of 33°15'23" an arc distance of 290.22 feet; thence North 70°24'08" East, 216.09 feet; thence South 19°35'52" East, 502.00 feet to the point of beginning. EXCEPT all oil, gas and other hydrocarbons and all other minerals of whatever kind or character (all herein collectively called "minerals"}, whether now known to exist or hereinafter discovered (it being intended that the word "minerals" as used herein shall be defined in the broadest sense of the word and shall .include, but not be limited to, oil, gas, other hydrocarbons and all other minerals substances and products, both metallic and nonmetallic, 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 Grantor or its successors or assigns, may deem advisable, to prospect for, investigate 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 be produced from adjacent real property; the right to lay, construct, erect and place upon and in said real property, the 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 Grantor or its successors or assigns, may deem advisable, for the exercise and enjoyment~of the rights herein excepted and reserved; the exclusive right to treat, process, (but 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 by such method or methods as Grantor 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, extracting and removing (including, but not limited to, use in unit operations, waterflood, thermal, or other secondary recovery methods now or hereafter known}, or other operations in connection with the full enjoyment and exercise of the rights herein excepted and reserved; the right to exercise all rights herein excepted and reserved and any and all other rights upon said real property as Grantor or its successors or assigns, deems necessary, incidental to or convenient, whether alone or co-jointly with Our No.: 115762 EXHIBIT "A' neighboring lands, in exploring for, producing and extracting the minerals and salt water herein excepted and reserved; and the unlimited and unrestricted right 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 five hundred X500) feet of the subsurface in the exercise of the rights excepted and reserved herein by deed from TENNECO WEST, INC., a Delaware corporation, in deed recorded December 31, 1987 in Book 6081, Page 373 of Official Records and re-recorded February 11, 1988 in Book 6093, Page 724 of Official Records. ORDER NO.: 115762 SCHEDULE B At the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be as follows: 1. General and Special property taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 1998 - 1999, a lien not yet due or payable. 2. The lien of supplemental taxes or escaped assessments, if any, assessed pursuant to the provisions of Part 5, Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, of the Revenue and Taxation Code of the State of California. 3. Covenants, Conditions and Restrictions, deleting therefrom any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin), as set forth in the document Recorded June 23, 1967 in Book 4065, Page 118, Official Records Order No. 115762 NOTES: NOTE N0. 1: The charge for a policy of title insurance, when issued through this title order, will be based on the . NOTE N0. 2: A search has not been made for delinquent or past due payments for public utilities and mutual water companies. NOTE N0. 3: Wiring Instructions: When funds are to be wired to American Title Company, please use the instructions below:. BANK: SANWA BANK CALIFORNIA, 601 S. FIGUEROA STREET, LOS ANGELES, CA 90017 ABA 122003516 ACCOUNT: AMERICAN TITLE COMPANY ESCROW TRUST ACCOUNT 049124745. PLEASE REFERENCE ESCROW NUMBER AND OFFICER`S INITIALS. NOTE N0. 4: Section 12413.1 California Insurance Code, commonly known as Assembly Bill 512, became effective January 1, 1990. This legislation deals with the disbursement of funds deposited with any title entity acting in an escrow or subescrow capacity. The law requires that all funds deposited and collected by the title entity's escrow and/or subescrow account prior to disbursement of any funds. Some methods of funding may subject funds to a holding period which must expire before any funds may be disbursed. In order to avoid any such delays, ali fundings should be done through wire transfer, certified check or checks drawn on California Financial Institutions. NOTE N0. 5: Since July 1, 1985, the County Recorder's Office has been charging in addition to the regular recording charges, an extra $20.00 recording fee, unless the document evidencing a change of ownership is accompanied by a "Preliminary Change of Ownership Report" signed by the transferee. The Recorder will not charge an extra fee if the document is presented with an Affidavit that the transferee is not a resident of California. Our title billing will be adjusted to reflect such additional fee when applicable. NOTE N0. 6: California State Senate Bill Number 2319, effective January 1, 1991 requires that the Buyer in all sales of California Real Estate, wherein the seller shown an out of state address, withhold 3 1/30 of the total sales price as California State Income Tax, subject to the various provisions of the law as therein contained. WARNING THE MAP ATTACHED HERETO MAY OR MAY NOT BE A SURVEY OF THE LAND DEPICTED THEREON. YOU SHOULD NOT RELY UPON IT FOR ANY PURPOSE OTHER THAN ORIENTATION TO THE GENERAL LOCATION OF THE PARCEL OR PARCELS DEPICTED. AMERICAN TITLE EXPRESSLY DISCLAIMS ANY LIABILITY FOR ALLEGED LOSS OR DAMAGE WHICH MAY RESULT FROM RELIANCE UPON THIS MAP. W Gl t 0 .. :_ F~ ~,~ ~-~ .. _~- ., _, g,~+M 00 ~'~~ ~~~: ~A ~° Q r • ~_ tMC ~0~3 r+~ 0 Q w • g _~~ ~a~ =. ~' ~o ~m ~i~/ P(JEIVA YISTi~ _ RD. 21/.11 ~ ~ ~ 3p ~ ~ ~ 4: A~ ~ ~ ` ~ n ~o ~ ~ ~ ~ ~ o ~ vfR H/ ~' cy a.~ ~y~ i ~" w ~~, o ~~ ~ ~ ~ o~ FAc ~ ~, ~ ~ r 1 ~ ~ F c~~Pr o ^A s ~ N ~ WfLSN n~~ ~ ~'~r ~ ( N . j ~ .,~ v~ ~ ~ ~ O . ~ ~ ~ ~ e ~ ~ W ~ ~ rn t~ NI~~ ~ ti ~, ` I. ~, i' ~ ~ t N ~ ;- ' ~~ ~ mob. ~O `~ ~ ~ b y ~ ~ ~ ~ n ~~5 ~ _ 1 '~ p `~`~s ~ Q 1 °v ~ '~ ` yy 1 r V~ .~<< ~ N ----- ~ v ~ ~ ° -- ° W ~ ~~ ~--~ ago ~ (~';~ ., t'a ~ '~ b ~ ~ ~!~ .~ t~~nl~ i ~ _~ o ~ ..-''~ i ~ H ~ ~ 1 ~ ~~ ~ ~ ~~~ \ ~ *~ _ t ~~~ W ;~,,~ ~ ~, ~0 • ~ •c~ •W , , ., 'o .,.,, o , EXHIBIT A (CONTINUED) AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-1792) WITH A.L.T.A. ENDORSEMENT -FORM 1 COVERAGE AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92) WITH A.L.T.A. ENDORSEMENT -FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS fROM COVERAGE. The following matters are expressly excluded from the coverage of this poiicy.and the Compare- will not pay loss or damage, costs, attomey's fees or expenses which arise by reason of: 1. (a) Arty law, ordinance or govemmental regulation (including but not limited to building and zoning laws, ordinances, or regulations (restricting, prohibiting or relating to ;i} the occupanty, use, or enjoyment of the~land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these Jaws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting. from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation, or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchar~er for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a} created, suffered, assumed or agreed to by the insured claimant: (bl not known to the Company, not recorded in the public records at Date of Poiin. but known to the insured claimant and not disclosed in writing to the Company o,~ the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy, or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Unenforceabiliry ofthe lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage, and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has,advanced or is obligated to advance. 7. Any claim which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights .laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured. mortgagee as a result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest. of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: la) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY {10-1792) AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92) SCHfDOLE OF EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorney's tees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations (restricting, prohibiting or relating to !i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b}Any governmental police power not excluded by (a) above, except to the extent tha; a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2, Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking whicf! has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy, or (e) resulting in Loss or damage which would not have been sustained if the insured claimant has paid value for the estate or interest insured by this policy. 4. Any claim which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a} to timely record the instrument or transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. The above ALTA policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions: SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) which arise by reason of: PART 1 Z. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records buc which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. • B A K E R S F I E L D PUBLIC WORKS DEPARTMENT 1501 TRUXTUNAVENUE BAICERSFIELD, CALIFORNIA 93301 (80S) 326-3724 RAUL M. ROJAS, DIRECTOR • CITY ENGINEER June I0, 1998 Wilson & Associates 4221 W. Sierra Madre, Suite 201 Fresno. CA 93722 RE: Parks Within Section 7 and Stockdale Highway Commercial Properties Dear Mr. Wilson: The City has received a check to pay apportionment fees for the above referenced properties from Castle & Cooke. Please find copies of the agreement and title repots per your request. Laura .Whitaker with Castle~& Cooke said they will pay off all the assessments concerning the above property when the apportionment is completed. You are authorized to proceed. Should you have any questions, please feel free to contact John A. Stinson at (805) 326-3592. Very truly yours, RAUL M. ROJAS Public Works Director .~ / ~ ~ ` ;~ ;4 by: f h7ARIAN P. SHAW Civil Engineer IV cc: Jacques LaRochelle file 1AS/sll 5:1LETTERS'~1998~W&Assoc Reapportion Sec? Park 6-l0.wpd CERTIFICATE of FILING RE: DIVISION OF LAND AND ASSESSMENT "IMPROVEMENT BOND ACT OF 1915" PART 10.5 OF DIVISION 10 STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA FOR CITY OF BAKERSFIELD ASSESSMENT DISTRICT N0. 94-3 COUNTY OF KERN, CALIFORNIA ASSESSMENT AND DIAGRAM AMENDMENT N0. 74 AMENDING EXISTING ASSESSMENTS 815 1448, AND 2071 TO ADD NEW ASSESSMENTS 2374 THROUGH 2377 1. An application has been filed with the Superintendent of Streets of the City of Bakersfield by the owners or rote-rested parties in the referenced existing assessments within City of Bakersfield Assessment District No. 943, requesting apportionment of the amount remaining unpaid on said assessments in accordance with the provisions of the Improvement Bond Act of 1915. In accordance with said application, the undersigned hereby apportions to each separate part of the original parcel of lard as shQw~. on the Amended Ass~~srnent Roll, City of Bakersfield. Assessment District No. 94-3, Assessment and Diagram Amendment No. 7~, attached hereto as Exhibit A and incorporated herein by reference, the proport~.onate part of the remaining assessments in the same manner as if the land had been so divided at the time the original assessment was made. Dated: ~2.~-- ~~ By Superintendent o ets 2. Notice to Bondholder was mailed , certified mail to Sutro & CO., Inc, on - ~.~ ,~- 19 By --_ ~ ' s~-' 3. No request for hearing was received from the bondholder within fourteen (14) days from the date Of mailing the Notice to Bondholder. Accordingly, the Amended Assessment Roll and Amended Assessment Diagram for City of Bakersfield Assessment District No. 94-3 Assessment and Diagram Amendment No. 74, were recorded in the Office of the Superintendent of Streets of the City of Bakersfield on the day of r 19 , 1 4, The Amended Assessment Diagram was filed with the County Recorder of the County of Kern on in Book of Maps of Assessment and Community Facilities Districts, at Page . By 5, A Notice of Amended Assessment for Assessment and Diagram Amendment No. 74, Assessment District No. 94-3 with a copy of the Amended Assessment Roll attached as Exhibit ~ was recorded on as Document No. of official. Records of the County Recorder of the County of Kern. By 6. A ropy of this Certificate of Filing with the Engineer's Report on Assessment and Diagram Amendment No. 74, including .Exhibit A "Amended Assessment Roll", Exhibit B "Description of Existing Assessments", Exhibit C "Description of ;Assessment Apportionment Procedure", and a reduced, got to scale copy of the Amended Assessment Diagram attached hereto were filed with the Finance Director for the City of Bakersfield on the day o~ 1~ . BY 2 29342RPT G/16/98 ENGINEER'S REPORT RE; SEGREGATION AND APPORTIONMENT OF ASSESSMENTS FOR ASSESSMENT AND DIAGRAM AMENDMENT NO. 74 CITY OF BAKERSFIELD ASSESSMENT DISTRICT NQ. 94_3 AMENDING EXISTING ASSESSMENTS 815 1448, AND 2071 TO CREATE NEW ASSESSMENTS 2374 THROUGH 2377 PURSUANT TO RECORDATION OF TWO GRANT DEEDS AND AMENDMENT NO. 1 TO AGREEMENT N0. 96-81 1. An application has been filed with the Superintendent of Streets of the City of Bakersfield requesting a segregation and apportionment of existing assessments within Assessment District No. 94-3, .pursuant to the division of the parcels. 2. In accordance with said application, the undersigned hereby apportions to each separate part of the original parcels of land, the proportionate part of their respective unpaid assessments that would have been levied thereon if the parcels had been so divided at the time the original assessment was made. The undersigned has assigned a new assessment number to each new parcel, as shown on the Amended Assessment Diagram attached hereto. 3. The existing assessment numbers, new assessment numbers and apportioned assessment amounts (based in each case on the unpaid principal amount of assessment effective January 1, 1~~8 at the beginning of the 1.98/99 Tax Yearl, are as shown on Exhibit A "Amended Assessment Roll" attached hereto and incorporated herein by reference. A description of the referenced existing assessments and of how they have been subdivided is included in Exhibit B, attached hereto. A description of the procedure used to apportion the unpaid principal for the referenced existing assessments to the new assessments is included in Exhibit C, attached hereto, and a listing of the apportioned share of the ariginal assessment for each new assessment is shown on Exhibit Tl, attached hereta. Existing Assessments 815 1448, AND 2071 are deleted from the assessment roll for Assessment District No. 943. DATED: U ~ (J ~ ~ lS WILSON & ASSOCIATES Assessment Apportionment Engineer ~4f .SSipN~ ~Q .l ~' ~1'' B ~ , ~,~ ~ ~, . y ;~ w ~, Edward J. W~.lson, Ii0.23i~9 R.C.E. 23269, E~cpires 12-31-01 CIV11. ~~~ ~" of E~~~~ EXHIBIT A AMENDED ASSESSMENT ROLL CITY OF BAKERSFIELD ASSESSMENT DISTRICT N0, 94-3 (SILVER CREEK/BRIMHALL NCRTHlSEVEN OAKSISOUTH LAURELGLEN) COUNTY OF KERN, CALIFORNIA AMENDING EXISTING ASSESSMENTS 815,1448, AND 2071 AND ADDING NEW ASSESSMENTS 2374 THROUGH 2377 CREATED BY RECORDATION OF GRANT DEEDS REGARDING THE EXCHANGE OF PARK PROPERTIES ASSESSMENT AND DIAGRAM AMENDMENT NQ. 74 AMENDED PARCEL TOTAL AMENDED DESCRIPTION / AMENDED ASSESSMENT ASSESSOR'S TAX AMENDED PROPERTY ASSESSMENT NUMBERS NUMBER (ATN) OWNER NAME AMOUNT A PORTION OF EXISTING ASSESSMENT 1448 (PARCEL 2 IN PARCEL MAP N0. 10299) AND A PARCEL LOCATED IN SECTION 1, T 30 S, R 26 E, MDB & M (OUTSIDE ASSESSMENT DISTRICT NQ. 94-3) ARE DEEDED TO THE CITY OF BAKERSFIELD FQR FUTURE DEVELOPMENT AS A CITY PARKlOPEN SPACE. THE PARK/QPEN SPACE PARCEL IS ASSIGNED AMENDED ASSESSMENT NUMBER 2374. A PORTION QF THE UNPAID ASSESSMENT PRINCIPAL FOR ,EXISTING ASSESSMENT 1448 IS ALLOCATED TO THE NEW PARK/UPEN SPACE PARCEL, AND THAT PORTION OF ASSESSMENT PRINCIPAL ALLOCATED TO THE PARKlQPEN SPACE PARCEL APPLIES TO ITS ENTIRE AREA (WITHIN AND OUTSIDE CURRENT ASSESSMENT DISTRICT N0. 94.3 BOUNDARIES), ONCE THIS NOTICE OF AMENDED ASSESSMENT IS RECORDED, THE CITY QF BAKERSFIELD FINANCE DEPARTMENT WILL RELEASE THE LIEN ON THIS PARCEL, SINCE THE ENTIRE ASSESSMENT PRINCIPAL AMOUNT FOR AMENDED ASSESSMENT 2374 WILL BE PAID QFF FRAM THE FUNDS THE ORIGINAL OWNER OF EXISTING ASSESSMENT 1448 (CASTLE COOKS COMMERCIAL-CA, INC) HAS ALREADY QEPOSITED V11fTH THE CITY FQI~ THIS PURPOSE. THE REMAINDER OP EXISI~ING ASSESSMENT 1448 IS ASSIGNED AMENDED ASSESSMENT NUMBER 2375, EXISTING ASSESSMENT' 815 (IDENTIFIED AS PARK NO. 4 IN DOCUMENT NQ. 0196107480, O.R.) IS DEEDED BACK FROM THE CITY TO 1'HE ORIGINAL QWNER (CASTLE & COOKS CALIFORNIA, INC), SAID PARCEL IS PLANNED F4R FUTURE SUBDIVISION INTO SINGLE-FAMILY RESIDENTIAL LOTS, TOGETHER WITH THE SURROUNDING EXISTING ASSESSMENT 2071, AT THIS TIME, THE PARCEL CONFIGURATIONS FOR .EXISTING ASSESSMENTS 815 ANA 2071 ARE NOT CHANGED. HQWEVER, BECAUSE THE EXISTING LIENS ON THOSE PARCELS. ARE BEING REALLOCATED BETWEEN THEM, SAID PARCELS ARE ASSIGNED AMENDED ASSESSMENT NUMBERS 2376 AND 2377, THE TOTAL UNPAID ASSESSMENT PRINCIPAL AMOUNTS FOR EXISTING ASSESSMENTS 815, 1448, AND 207.1. (EFFECTIVE JANUARY 1, 1996, AT THE BEGINNING QF THE 1998199 TAX YEAR) ARE $0.00, $269,643.55, AND $~32,901.Q2, RESPECI"IVELY, THE TOTAL AMOUNT APPORTIONED TO EACH NEW PARCEL IS SHOWN UNDER THE CO~.UMN ENTITLED "TOTAL AMENDED ASSESSMENT AMOUNT." EXISTING ASSESSMENTS 815, 1448, AND 2071 ARE DELETED FROM THE ASSESSMENT ROLL FQR ASSESSMENT DISTRICT N0.94-3. 2374 NEW PARK/OPEN SPACE PARCEL CITY OF BAKERSFIELD $99,251.36 2375 REMAINDER OF PARCEL 2 IN PM 10299 CASTLE & COQKE COMMERCAAI.-CA, INC. $170,392,19 2376 OLD PARK N0.4 PER DQC. N0.0196107480 CASTLE & COOKS CALIFORNIA, INC. $49,584.38 2377 REMAINDER PER TRACT N0.5429-PHASE A CASTLE & COOKS CALIFORNIA, INC. $5$3,316.64 TOTAL AMOUNT APPORTIONED: $902,54.4,57 NOTES: FOR A DETAILED DESCRIPTIQN OF THE LINES, DIMENSIONS AND LOCATIQNS OF ASSESSMENTS 2374 AND 2375 REFERENCE A GRANT DEED RECORDED , 1998, AS DOCUMENT NQ. , QF OFFICIAL RECORDS, IN THE OFFICE OF THE KERN COUNTY RECORDER. FOR A DETAILED DESCRIF'TIQN OF THE LINES, DIMENSIONS AND LOCATIONS OF ASSESSMENTS 2376 AND 2377 REFERENCE A GRANT DEED RECORDED , 1998, AS DOCUMENT NO. , OF OFFICIAL RECORDS, AND A SUBDIVISION MAP FOR TRACT NO. 5429-PHASE A, RECORDED APRIL 3, 1998, IN BOOK 43 OF MAPS, AT PAGES 184 THROUGH 186, BOTH IN THE OFFICE OF THE KERN COUNTY RECORDER. PREPARED BY. WILSON & ASSOCIATES p~ ~SSJp~ DATE. ~ "' ~ ~ "~ ~ APPROVED; L ~t ~ EDWARD J, WILSON R.C,E, 23269 (EXPIRES 12.31yQ1) 29342EXA A-1 X10, 2 civ~` ~~~ F C~~~F 06/17/98 EXHIBIT B DESCRIPTION OF EXISTING ASSESSMENTS AND NEW PARCELS TO WHICH THE EXISTING ASSESSMENTS ARE TO BE APPORTIONED BY ASSESSMENT AND DIAGRAM AMENDMENT N0, 74 CITY OF BAKERSFIELD ASSESSMENT DISTRICT N0.94-3 (SILVER CREEK/BRIMHALL NORTH/SEVEN OAKS/SOUTH LAURELGLEN) AMENDING EXISTING ASSESSMENTS 815, 1448, AND 2071 AND ADDING NEW ASSESSMENTS 2374 THROUGH 2377 CREATED BY RECORDATION OF GRANT DEEDS REGARDING THE EXCHANGE OF PARK PROPERTIES EXISTING PARCEL ASSESSMENT A.T.N. FOR EXISTING AS;SES~~MEN 815 393-010-28-00-0 1448 PM 10299 Parcel 2 2071 Remainder per Tract No. 5429~Phase A 1998/99 ASSESSMENT NUMBER PRINCIPAL TO BE HOW EXISTING PARCEL OF NEW -, APPORTIONED B~ ~N,~,~BDIVII~ D LOTS~~ARCELS $0;00 A portion of Existing Assessment 1448 and a parcel $269,643.55 of land in Section 1, T 30 S, R 26 E, MDB & M $632,901,02 (located outside AD 94-3 boundaries) are deeded to the City as a future park/open space parcel, The assessment share allocated to the future parklopen space parcel wall be paid off by the original owner of Existing Assessment 1448. Existing Assessment 815 is deeded by the City back to the original owner. The assessment share of Existing Assessment .2071 (which surrounds Existing Assessment 815} is spread between the areas of Existing Assessments 815 and 2071 in accordance with the development plan for thin area (pursuant to Tentative Tract No, 5430). existing Assessrrients 815, 1448., and 2071 are deleted from the Assessment Roll for AD 94-3, Grant Deeds : ParQpg~i E_xchang,~ a. 1 Park/Qpen Space Parcel (Amended Asrnt. 2374) b, 1 Remainder Parcel of Parcel Map No. 10299 Parcel 2 (Amended Ascot. 2375) c, 1 Former Park Site Parcel Deeded by the City Back to the Original Owner (Amended Ascot. 2376) d. 1 Parcel Designated as a Remainder per Tract No. 5429-Phase A for Which Only Assessment Principal is Amended (Amended Ascot. 2377} Total Amount to Be Apportioned to New Assessments: $902,544,57 Total New Assessed Lots/Parcels 4 Total Non-assessed LotslParcels 0 Total New Assessment Numbers . 4 Total Exist. Asrnt. Nos, deleted from Roll Net Change Active Ascot. Nos, on Roll 1 1, Unpaid assessment balance apportioned is the balance at the beginning of the 1998199 tax year, effective January 1, 1998. 29342EXB " 1 " 06117198 EXHIBIT C DESCRIPTION OF THE PROCEDURE USED TO APPORTION SHARES OF THE UNPAID ASSESSMENT PRINCIPALS FOR EXISTING ASSESSMENTS 815, 1448, AND 2071 TO AMENDED ASSESSMENTS 2.374 THROUGH 2377 CREATED BY RECORDATION OF GRANT DEEDS REGARDING THE EXCHANGE OF ~'ARI~ PROPERTIES CITY OF BAK~RSFIELD ASSESSMENT DISTRICT NO, 94w3 (SILVER CREED/BRIMHALL NORTHISEVEN OAFS/SO[JTH LAURELGLEN) ASSESSMENT AND DIAGRAM AMENDMENT NO, 74 1. APPORTIONMENT PROCEDURE FOR EXISTING ASSESSMENTS 81 S, 1448,. AND 2071: A, Existing Assessments 81.5, 1448, and 2071 (hereafter "Assessment 815", "Assessment 1448", and "Assessment 2Q71 ", respectively) are located in the City of Bakersfield. Assessment 815 was created by Assessment and Diagram Amendment ("Apportionment") No, 13 for Assessment District No. 94-3 ("AD 943"}, It is described as Park No. 4 in a Grant Deed recorded August 22, 1996, as Document No, 0196107480, Official Records of the County Recorder of the County of Fern, Assessment 8.15 is alsa~ identified as I{ern County A,ssessor's Tax Number ("ATN") 393-Q 10-28-000. Assessment 1448 was created by Apportionment No. 33 for AD 94-3 , Zt is described as Parcel 2 in Parcel Map No. 10299 ("PM 10299"), recorded August 15,1997, in Poole 48 of Parcel Maps, at Page 19Q, in the offtce of the County Recorder of the County of Kern. Assessment 1448 covers the following two ATNs: 390411-03-OQ-3 and 390-011-04-00-6, Assessment 2071 was created by Apportionment No. 61 for AD 94-3, It is described as a remainder parcel created by Tract No, 5429~Phase A ("TR ~4~9-A"), recorded April 3, 1998, in Book 43 of Maps, at Page 18~, in the affi~e o~ the County Recorder of the County of Fern. Assessment 2071 is also identified. as a rernaxnder of ATN 393-010-35~00~0 created by TR 5429~A, A portion of Assessment 1448 and a parcel of land in Section 1, Township 30 South, Range 26 East (T 30 S, R 26 E), Maunt Diablo Base and Meridian (MDB & M}, located outside the current AD 943 boundaries, are deeded to the City of Bakersfield ("the City"} as a future park/open space parcel. This future park/open space parcel is assigned Amended Assessment Number ("Amended Assessment") 2374, The remainder of Parcel 2 in PM 1.0299 is identified as Amended Assessment 2375. At the same time, Assessment 815 is deeded from the City back to the original owner, Together with the surrounding parcel (A~sessment 2071 }, this parcel is planned for future development into single-family residential lots as a p~.rt of Tentative Tract No, 5430 ("Ten TR 5430"}. Even though the parcel configurations for Assessments 815 and 2071 are not modified at this tune, these two parcels are assigned Amended Assessments 2376 and 237, respectively, because the assessment principal for Assessment 2071 is reallocated between them. B, Assessments 815 and 2071 are located in the Seven Oaks South) Area of AD 94-3 (hereafter "Seven Oaks South") , Assessment 1448 is located in the Seven Oaks (North) Area of AD 94-3 29342~XC 1 06118/98 (hereafter "Seven Oaks North"). Seven Oaks South and Seven Oaks North are two of six community areas within AD 94-3. AD 94-3 funded improvements and associated expenses that were required to be constructed or expected to be rewired, as conditions of final ma or site p plan approvals within those, sip AD 94-3 co~n~unity areas, All of the improvements funded by AD 943, except tl~e Buena Vista Road Improverr~ents were allocated to the community area in which they are located, The total cost of the Buena Vista Road Im rovements in Sections b P and 7 was allocated to the Seven Oaks North and South Community Areas . The AD 94-3 Engineer's Report, approved September 27, 1995, describes the Benefit/Cost Based Method of allocating the AD 94-3 costs for each of the Community Areas and the Alternate Method of reallocating those costs which was used in determining the Original AD 94-3 Assessment amounts for each assessed parcel, The AD 94-3 Assessrner~t S read Method is described in p Exhibit D of the Engineer's Report and is in conformance Bakers,~e~d 1V~unicpal Code Section .~3.08.4~'D~~cne,~t Spread'. Please see the AD 94-3 Engineer's Report for a detailed descri tion of the A P D 94-3 Assessment Spread Method. By Change and Modification No. 1(Assessment and Diagram Amendment No. 22} certain park improvements original) laned for construction . Yp In the Seven Oafs Area (South) were transferred to Seven Oaks Area (North), and several parcel assessments (including the area of Assessment 2Q71 }were. modified at that time. Please see the AD 943 Modified Engineer's deport for a detailed descri ton of Chan e and „ p g Madlf~catlon No. 1 procedures. C. AD 94-3 also financed the cost to pay off the remaining principal balances of the existing AD 82-1 assessments and of the existing AD 8b-2 Reassessments far parcels within AD 94-3, The S-even Oaks South community Area properties did not have an exstin AD 8b-2 reassessment g balance. The cost to pay off those existing Assessments and Reassessments for each ATN is .included in the total amount confirmed to assessment on each of the AD 94-~ arcels and within p the total amount apportioned to the new parcels created by the above-referenced grant deeds. D. The total original assessment principal, as based on the Amended Assessment Roll for the Second Amended Notice of Assessment as modified b Chan e and Modification No. 1 far Y g , Assessments 81,1448, and 2Q71 are $Q,OQ, $287,245.Qb, and $b"~4,Q79,19, respectively, The total unpaid assessn~lont principals for Assessments 815, 1448, and 2Q71(effective Januar 1, Y 1.998, at the beginning of the 1998199 Tax Year) are $~.QQ, $2b9,b43,55, and $b32,901,02, respectively. The total original and unpaid assessment principal amounts for Assessments 815 1448, and 2071 are segregated and apportioned to the parcels in AD 94-3 created by the above- referenced grant deeds, as described below. 2, DESCRIPTION QF THE PROCEDURE USED TO SE~RE~ATE ANA APPQRTION THE ORIGINAL ASSESSMENT AMOUNTS AND THEIR REMAINING PRINCIPAL BALANCES FROM ASSESSMENTS 815,1448, AND 2071 TO AMENDED ASSESSMENTS 2374 THROUGH 2377: A, As described above, Assessment 815 (former Park No, 4) is deeded back to the original owner and it is pXanned for subdivision into single-family residential lots to ether with the surroundin ,, g g parcel ldentlf~ed as Assessment 2o71(remalnder per TR 549-A). At the time Assessment 2Q71 was created, the design engineer (Martin-McIntosh Engineering) retained b Assessment 2071 y property owner had provided the Public Works Department and Assessment Engineer far AD 29342EX~ 2 Ohl 1$!98 94-3 with the revised plan for development of ,Assessment 2071, In accordance with that lan, p Assessment 2071 was allocated its share of the total as~essrnent amount for former Assessments 1$71 and 1872 (from which Assessment 2471 was created b A ortionment No. ~ l based on y pp ) the fact that the entire area of Assessment 2o71(together with Assessment 815 area) between Tract No. 5429 andwhite Oak Drive will be developed as Ten TR 5430. In this Assessment and Diagram Amendment No. 74 the area of Assessment $15 (now identified as Amended Assessment 2376) is allocated its share of Assessment 2071 princi al amount in direct P proportion to the number of szngle-famzly res~dent~al lots ~n Ten TR 5430 covering this area. The assessment principal amount for Amended Assessment 2377 is e ual to the assessment principal amount for Assessment 2071 less the assessment principal amount allocated to Amended Assessment 237, as described above, B. As described above, a portion of Assessment 1448 (together with a parcel located in Section 1, T 30 S, R 26 E, MDB & M, which is outside the current AD 94-3 boundaries} is deeded to the City as a part of the future parklopen space parcel. ~'he total original assessment rind al p p amount for Assessment 1448 (Parcel 2 in Ply 10299} is apportioned between the remainder parcel (Amended Assessment 2375) and the portion of the future parklopen space parcel located within AD 943 in the same manner used when Assessment 1448 was created by Apportionment No. 33; indirect proportion to the parcel net areas (excluding the areas of street ri ht-of-wa s for S c ~ ~~ g y to kdale I~ighway and Calloway Dave and the area of the buffer zone adjacent to the Kern River, as shown on the recorded Fly 1Q299). The assessment amount allocated to the park/open space parcel area within AD 94-3 .applies as a lien to the entire area of the future parklopen space parcel (within and outside the current AD 94-3 boundaries . As a reed b ) g Y the City and the owner. of Assessment 144$ (Caste ~ Cooke Commercial-CA Inc the )~ owner of Assessment 1448 will deposit (either with the City Finance Department or in escrow) the .funds needed to pay aff the Assessment 2374 lien (as calculated b the, Cit Fin c ~ ~ Y Y an a Department based on the amount shown on ~xh~b~t A of this ~ng~neer s Report far Apportionment No. 74} prior to reeording grant deeds related to phis exchange of park properties, Following recordation of the grant deed transferring title for the parklo en p space parcel to the City, the City will record ~ Notice of ~.naended Assessment. for this. Apport%onment X10.74 and will record a release of lien for Amended Assessment 2374 leaving the City-owned park/open space parcel with no AD 94-3 assessment lien. Each parcel's total original amended assessment amount shown on Exhibit D, attached to the Engineer's Report for this AD 94-3 Assessment and Diagram Amendment No, 74 is the new parcel's original assessment share, and is the amount that should be used to calculate the Bond Reserve credit tl~e new lot and parcel would receive if the parcel owner elects to re a the p py total remaining balance for Amended Assessments 2374 through 2377. The apportioned assessment share also includes each new parcel's share of the cost to pay off and refinance the existing AD 82-1 Assessment total amount included in the total on .final amounts for g Assessments 81 S, 1448, and 2071. For a detailed description of the Assessment Apportionment Method see AD 943 Engineer's Report Exhibit D and AD 94-3 Modified Engineer's Report, which are on file with the Cit Y Clerk of the City of Bakersfield, 29342EXC 3 d6! 18!98 C. Apportionment of the Remaining Assessment Principals for Assessments 815, 1448, and 2071 to Amended Assessments 2374 through 2377. The total unpaid assessment principal amounts for Assessments 81 S, 1448, and 2071 are apportioned to the new parcels created by the recardatian of said rant deeds in direct ,, g proport~an to the artglnal Assessments 815, 1448, and X071 shares apportioned to each new parcel, as shown on Exhibit A, Amended Assessment Rail,. attached to the Engineer's Re ort p for this AD 943 Apportionment No. 74. For more detailed information on the Assessment Spread Method used to calculate the Assessments 815, 1448, and 2071 original assessment amounts, reference is made to the AD 94w3 Engineer's Re ort on file p in the office of the Public Narks Director for the City of Bakersfield, PREPARED B~: WILSON & ASSOCIATES 9 ~ ~,w,r.~ B~, , Date; ~ W ~ '~ EDWARD ~. WILS~I~, R ~ ~ . E, 232~~ {E.~PIRES 1231-01 } ASSESSM~~'T EI~~INEER, ASSESSMENT DISTRICT ~Q. ~4w3 ~ S~~ o ~ ~, ~, ~ ~~~ ~ ~ ~ ~. ~. . ~ ~ ,~ ~~~ ~ ~ ~ ~~ ~'~~~~. 29342EXC 4 06/18198 EXHIBIT Q LISTING OF ORIGINAL ASSESSMENT AMOUNTS FOR AMENDED ASSESSMENTS 2374 THROUGH 2377 CITY OF BAKERSFIELD ASSESSMENT DISTRICT N0, 94-3 (SILVER CREEKIBRIMHALL NORTHISEVEN QAKSISOUTH LAURELGLEN) COUNTY OF KERN, CALIFORNIA ASSESSMENT AND DIAGRAM AMENDMENT N0.74 TOTAL AMENDED PARCEL ORIGINAL AMENDED DESCRIPTION / AMENDED ASSESSMENT ASSESSOR'S TAX AMENDED PROPERTY ASSESSMENT NUMBERS NUMBER (ATN) OWNER NAME AMOUNT 2374 NEW PARK/OPEN SPACE PARCEL CITY OF BAKERSFIELD $105,730.19 2375 REMAINDER OF PARCEL 2 IN PM 10299 CASTLE & C04KE COMMERCIAL-CA, INC. $181,514.87 2376 OLD PARK N0.4 PER DOC. N0, 0196107480 CASTLE & COOKE CALIFORNIA, INC. $52,810.47 2377 REMAINDER PER TRACT N0.5429-PHASE A CASTLE & COOKE CALIFORNIA INC. $621268.72 TOTAL ORIGINAL AMOUNT APPORTIONED; $961,314.25 NOTE: THE ORIGINAL ASSESSMENT AMOUNTS SHOWN IN THIS TABLE ARE BASEp ON THE AMOUNTS AS PER AMENDED -ROLL FOR THE SECOND AMENDED NOTICE OF ASSESSMENT FOR ASSESSMENT pISTEICT N0. 94.3 AS AMENDED BY CHANGE AND MODIFICATION N0.1(ASSESSMENTRND DIAGRAM AMENDMENT N0.22) FOR AD 94.3. 29342EXD D-1 06/17/98 r i ~ rn rn WJ a (~ r-~I ~y+y7 fir/ ~ r~+{ M-~4 A v g p ~ 4-s o ~ p Q -F~ (~ ~, rn ~ ~ 0 V1 ~ ~ W '~ Q U ~ 0 F--~1 i~ ~q i ~ M Ll rn U m ~ EN dmO oro ~ E~n+ .~~~~ ~ t C1 YV, w ~ w ~z °i= M 1 ~ IN ~ w VI ro 0 r N E a w ~,,, ,,xt a~ C ~ l'T.U ~" ~ ~ 01 y.~ptC nroa ° ~ N c~v ~~•«, C CY ... N ~ ~ ~ 0 W v £ ~ U~ 0 y,N 0 ~'~ '; ' OTC ~ dQro y~~T U CON O N Vi ~•O~ pV l • vv w `urn N Fw- d~ U c ICE b y ~y C u ~L~~ y m'f7 r CC LCQ:t WQ 0~' ~ O y 0 O d O C ~m 'p-OUM F.. 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WN N~ ~~ ~i~ M z-~ ~ ~ ~ ~s~ d Yam t~ ~ n ~` ~ ~ ~ C~ o ~~ ~~^ r ~ ~h ~ ~ ~ ~~ • ~ ~ N h ~ 1,. ~ F. 4Z ~9ZH W~ UN ^N ~ U ~a ~~ ~ i o ~V! ~VI N ~ U~ D ~ ~ O z F-~ 2!= U ~ O a Q U a? a v, ~y~ WIw1w~ ..w h1~ NUN W~ ~~ Q w ,3 Vlr- 2H /p~p~ I uWJ,N I( ~~~x a 0 M ',,, ~"aa -uu rtauie 3 ~~ ~ ~.. a a~ox d~srn 8do\ ®z ,~ ~ I _~ O~ U~ a X rN W V7 ~ ON U~ yH .~~~~~ ~_ ,_ ~ I~~ ~W I ~~ u ~ W .~k r~~ ~a ~~Z 1•,N~ fR U :~ ~~ ~ ~~ m ~ 1wn~ I xN r°r~Y ~p~ ~~ VO My ~~+ ~+ ~ N'" h r~' h ~m n~ M ~W wh Ip N ~ 1 ~N h~n I\~ GmX •~~ ~ .. a OK ^'1 „.h ~ ~~ iJ O VJ ~~Q1 ~ ~ ~ ~ ~ W '~ ~ '~ ~ ~ ~ ,~Qu~,~ Y VVAN N N I N ~u~na J ~, 94+3 6/16/98 NOTICE T4 BONDHOLDER DTVISION OF LAND AND ASSESSMENT ASSESSMENT AND DIAGRAM AMENDMENT N0. 74 CITY OF $AKERSFIELD ASSESSMENT DISTRICT N0. 94-3 AMENDING EXISTING ASSESSMENTS 815 , 1448, AND 2071 TO ADD NEW ASSESSMENTS 2374 THROUGH 2377 NOTICE IS HEREBY GIVEN to you as the original purchaser of the bonds issued by the CITY OF BAKER,SFIELD, to represent the unpaid assessments re~,ating to the a,cquisitior~ and canstruc~ion of certain public improvements in, an assessment district known and designated as ASSESSMENT DISTRICT N0. 94-3. Said bonds were issued pursuant to the terms and provisions of the "Improvement Bond Act of 1915," being Division 10 of the Streets and Highways Code of the Mate of California. NOTICE IS HEREBY GIVEN that an apportionment has been requested by the property owner(s) and prepared by the Superintendent of streets of the unpaid a~s~ssments relating to the assessments and parcels as shown on EXHI$IT A, "AMENDED ASSESSMENT ROLL" for said district attached hereto and incorporated herein by reference. NOTICE IS ~IEREBY GIVEN that unless a request for a public hearing is received from yQU within fourteen (14) days from the date of mailing of tha.s Notice, the above~referen:ced amended assessments shall, be recorded in the manner and -form as required by law. If a request for hearing is received, a report shall be filed and a hearing shall be scheduled,. noticed and held in accordance with Part 10 (commencing with Section 8730) of said Division 10. If you have any further questions, please contact the undersigned at the following address: Raul M. Rojas Public Works Director CITY OF BAKERSFZELD 1501 Truxtun Avenue Bakersfield, California 93301. (805) 326-3724 This procedure is pursuant to the provisions of Part 10.5 of Division 10 of the Streets and Highways Code of the State of California, the "Improvement Bond Act of 1915." DATED : ~ Z< "'~" Sup rintendent o eets City of Bakersfield State of California EXHIBIT A AMENDED ASSESSMENT ROLL CITY OF BAKERSFIELD ASSESSMENT DISTRICT N0.94-3 (SILVER CREEK/BRIMHALL NORTH/SEVEN OAKSISOUTH LAURELGLEN) COUNTY OF KERN, CALIFORNIA AMENDING EXISTING ASSESSMENTS 815,1448, AND 2Q71 AND ADDING NEIIV ASSESSMENTS 2374 THROUGH 2377 CREATED SY RECORDATION OF GRANT DEEDS REGARDING THE EXCHANGE O~ PARK PROPERTIES ASSESSMENT AND DIAGRAM AMENDMENT N0.74 AMENDED PARCEL TOTAL AMENDED DESCRIPTION / AMENDED ASSESSMENT ASSESSOR'S TAX AMENDED PRORERTY ASSESSMENT NUMBERS NUMBER (ATN) _ OWNER NAME AMOUNT A PORTION OF EXISTING ASSESSMENT 144$ (PARCEL 2 IN PARCEL MAP N0. 10299) AND A PARCEL LOCATED 1N SECTION 1, T 30 . S, R 26 E, MDB & M (OUTSIDE ASSESSMENT DISTRICT N0. 94-3) ARE DEEDED TO THE C}TY OF BAKERSFIELD FOR FUTURE DEVELOPMENT AS A CITY PARKlOPEN SPACE. THE PARKIOPEN SPACE PARCEL IS ASSIGNED AMENDED ASSESSMENT NUMBER 2374. A PORTION OF THE UNPAID ASSESSMENT PRINCIPAL FQR EXISTING ASSESSMENT 1448 IS ALLOCATED TQ THE NEW PARKIOPEN SPACE PARCEL, AND THAT PORTION OF ASSESSMENT PRINCIPAL ALLOCATED TO THE PARKIOPEN SPACE PARCEL APPLIES TO ITS ENTIRE AREA. (WITHIN AND .OUTSIDE CURRENT ASSESSMENT DISTRICT NO, 94-3 BOUNDARIES), ONCE. THIS NOTICE OF AMENDED ASSESSMENT IS RECORDED, THE CITY OF BAKERSFIELD FINANCE DEPARTMENT WILL RELEASE THE LIEN ON THIS PARCEL, SINCE THE ENTIRE ASSESSMENT PRINCIPAL AMOUNT FQR AMENDED- ASSESSMENT 2374 WILL BE PAID OFF FROM THE FUNDS THE ORIGINAL OWNER OF EXISTING ASSESSMENT 1448 (CASTLE & COOKS COMMERCIAL-CA, INC) HAS ALREADY DEPOSITED WITH THE CITY FOR THIS PURPOSE. THE REMAINDER OF EXISTING ASSESSMENT 1448 IS ASSIGNED AMENDED ASSESSMENT NUMBER 2375. EXISTING ASSESSMENT 815 (IDENTIFIED AS PARK N0, 4 IN DOCUMENT NO. 0196107480, O.R.} IS DEEDED BACK FROM THE CITY TO 'THE ORIGINAL OWNER (CASTLE & COOKS CALIFORNIA, INC). SAID PARCEL IS PLANNED FOR FUTURE SUBDIVISION INTO SINGLE-FAMILY RESIDENTIAL LOTS, TOGETHER UVITH THE SURROUNDING EXISTING ASSESSMENT 2071, AT THIS TIME, THE BARGEE CONFIGURATIONS FQR EXISTING ASSESSMENTS 815 AND 2071 ARE NOT CHANGEt~. HOWEVER, BECAUSE THE EXISTING LIENS ON THOSE PARCELS ARE BEING REALLOCATED BETWEEN THEM, SAID PARCELS ARE ASSIGNED AMENDED ASSESSMENT NUMBERS 2376 AND 2377. THE TOTAL UNPAID ASSESSMENT PRINCIPAL AMOUNTS FOR EXISTING ASSESSMENTS $15, 1448, AND 2071 (EFFECTIVE JANUARY 1,199$, AT THE BEGINNING OF THE 199$199 TAX YEAR) ARE $0,00, $269,643.55, AND $632,901.02, RESPECTIVELY, THE TOTAL AMOUNT APPORTIONED TO EACM NEW PARCEL IS SHOWN UNDER THE COLUMN ENTITLED "TOTAL AMENDED ASSESSME-NT AMOUNT," EXISTING ASSESSMENTS 815, 144$, AND 2071. ARE DELETEp FROM THE ASSESSMENT ROLL FOR ASSESSMENT DISTRICT N0; 943. 2374 NEW PARK/OPEN SPACE PARCEL CITY OF BAKERSFIELD $99,251.36 2375 REMAINDER OF PARCEL 2 IN PM 10299 CASTLE & COOKS COMMERCIAL-CA, INC. $170,392.19 2376 OLD PARK N0.4 PER DOG. N0.01961Q7480 CASTLE & COOKS CALIFORNIA, INC. $49,584.38 2377 REMAINDER PER TRACT N0.5429-PHASE A CASTLE & C4OKE CALIFO~I~IA, INC, $683,316.64 TOTAL AMOUNT APPORTIONED; $902,544,57 NOTES: FOR A DETAILED DESCRIPTION OF THE LINES, DIMENSIONS AND LOCATIONS- OF ASSESSMENTS 2374 AND 2375 REFERENCE A GRANT DEEP RECORDED , 1998, AS DOCUMENT N0. ~ , OF OFFICIAL RECORDS, IN THE OFFICE OF THE KERN COUNTY RECORDER, FOR A DETAILED DESCRIPTION OF THE LINES, DIMENSIONS AND LOCATIONS OF ASSESSMENTS 2376 AND 2377 REFERENCE A GRANT DEED RECORDED , 1998, AS DOCUMENT NO. , OF OFFICIAL RECORDS, AND A SUBDIVISION MAP FOR TRACT N0. 5429-PHASE A, RECORDED APRIL 3, 1998, IN BOOK 43 OF MAPS, AT PAGES 184 THROUGH 186, BOTH IN THE OFFICE OF THE KERN COUNTY RECORDER, PREPARED BY: WILSON & ASSOCIATES APPROVED: L ~~ ~ EDWARD J. WILSON R.C.E. 23269 (EXPIRES 12-31-01} 29342 EXA q. ~ ~~ ESS~p~ ~9 ~ ;~ ~ ~~ ~ -~. ~ CIVIC ~r ''~' ~ c~-+.ti~~ DATE: ~ "" ~ ~ ~'~ ~ Ofi/17/98 MUtViCIPAL 84ND FINANCING FOR LAND pEVELOPMENT ~d w~~Q]d AND COMPROJ CTS CILITIE$ • • CIVIL ENGINEER ~~~~~ ~ CE23269 ,~ ~o~~~~ FRANCES aQUlRE 4221 WEST S(ERRA MADRE, S~J(TE 201 COMMUNITY REI.~-TlONs FRESNO, CAL.(FORNIA 93722 SPEC1Al,l$T (209) 275-5445 CERTIFIED MAIL - RETURN RECEIPT RE~,UESTED June 16, 1998 .29342 Sutro & Co. 201 California Street San Francisco, CA 94111-5096 ~ttn; Robert L. Williams, Jr., Vice President Public Finance RE; Assessment Apportionment No. 74 for City of Bakersfield Assessment District No. g,~_3 Segregating and Apportioning Exista.ng Assessments 315 1443, AND 2071 Pursuant to the Subdivision of the Property by TWO GRANT DBEDS AND AMENDMENT N0. 1 TO AGREEMENT N0. 96-81 Creating New Assessments 2374 through 2377. Gentlemen: Transmitted herewith is a "Notice to Bondholder" form giving your firm notice that assessment apportionments have been requested by district property owners. The Amended Assessment Roll and Amended Assessment Diagram for this apportionment have been prepared by the Superintendent of Streets for the City of Bakersfield. A copy of the emended Assessment Roll is attached as exhibit A to the Notice to Bondholder. A copy of the Engineer's Report on this Apportionment N`o. 74 is also enclosed provida.ng a description of bow the referenced Assessments have been siubdivaded. A relined, not to scale Gopy of the Amended Assessment Diagram for Apportionment No. 74 is attached to the Engineer's Report. We would like to record this apportionment as soon as possible. Accordingly, a draft. letter is enclosed for your review that waives Sutro's 14-day period to request a hearing on this assessment apportionment-. If this apportionment is acceptable, would. you please place the enclosed letter on Sutra & Co., inc. letterhead and send the signed letter to Marian Shaw at Ba}~ersfield Public Works for processing. If you have any questions on the enclosed assessment apportionment information, please call me. Very truly yours, Ed Wilson Wilson & Associates EW; Enclosures cc; Samuel Sperry Marian Shaw (Sutro & Co., Inc, Letterhead} Date Raul M . Ro j a s Public Works Department City of Bakersfield 1501 Tru~tun Avenue Bakersfield, California 93301 Re Assessment and Da.agram Amendment No . '74 C' Assessment Distract zty of Bakersf a.eld No. 94-3, Segregating and Apportior~n B~z,st~r~g Assessments 81~ 1448, AND 207. to New g 2374 ~'hrough 23'77 Assessments Dear Mr, Rojas: I herewith acknowledge that Sutro & Co., Inc, has r ' Notice tc~ Bondholder form for the ecea.ved the referenced Assessment ar~d Diagram Amendment Na . 74 f car Assessment D.st~rc Tease be adva.sed that sut t Na~ 943. ro & Co., Inc. accepts the amended, assessments shown on Engineer's Report E~hib~.t A Notice to Bondholder and a attached to the public hearing on those assessment amendments will not be requested within the fourtee ' period as rovided b law, n day not~.ce p y Very truly yours, sutro & Company, Inc. gy, xo~ert ~, . wi 1 l a.ams Jr . Vice~Presdent Date;