HomeMy WebLinkAboutRES NO 065-03RESOLUTION NO. 0 6 5 ' 0 3
A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF
BAKERSFIELD APPROVING THE SALE OF REAL
PROPERTY BY THE BAKERSFIELD REDEVELOPMENT
AGENCY FOR $650,000 TO LES DENHERDER, TRUSTEE
OF THE DENHERDER REVOCABLE LIVING TRUST,
UNDER TRUST DATED OCTOBER 11, 1988 AND
FORGIVING THE $450,000 BALANCE OF DEBT DUE THE
CITY OF BAKERSFIELD PURSUANT TO AGREEMENT
NO. 99-243.
WHEREAS, the Redevelopment Plan for the Southeast Bakersfield
Redevelopment Project Area (the "Redevelopment Plan") was approved and adopted
by the City Council of the City of Bakersfield; and
WHEREAS, the Bakersfield Redevelopment Agency (the "Agency") is authorized
and empowered under Community Redevelopment Law to enter into agreements for the
acquisition, disposition and development of real property and otherwise assist in the
redevelopment of real property within a redevelopment project area in conformity with a
redevelopment plan adopted for such area, to acquire real and personal property within
redevelopment project areas, to receive consideration for the provision by the Agency of
redevelopment assistance, to make and execute contracts and other instruments
necessary or convenient to exercise its powers, and to incur indebtedness to finance or
refinance redevelopment projects; and
WHEREAS, the Agency owns that certain real property of approximately 110
acres located on Mt. Vernon Avenue south of East Belle Terrace and north of Casa
Loma ("the Property") and is more particularly described in Exhibit "A" ("Legal
Description"), which is attached hereto and incorporated herein by reference; and
WHEREAS, LES DENHERDER, Trustee of the Denherder Revocable Living
Trust, under trust dated October 11, 1988, ("the Buye¢') desires to acquire the Property
for development and has agreed to purchase the Property for SIX HUNDRED FIFTY
THOUSAND DOLLARS ($650,000.00). The use of the Property will be in accordance
with the Redevelopment Plan, and pursuant to the requirements of the City of
Bakersfield; and
WHEREAS, the purchase price is based upon a public auction conducted April 3,
2003 and exceeds the appraised value by TWO HUNDRED AND SIXTY THOUSAND
DOLLARS ($260,000.00); and
WHEREAS, the Agency desires to enter into an Agreement for the sale of the
Property (the "Agreement") with the Buyer in order to implement the provisions of the
Redevelopment Plan; and
WHEREAS, pursuant to Section 33433 of the California Health and Safety Code,
the Agency is authorized, with the approval of the Bakersfield City Council, after a duly
noticed public hearing, to sell or lease the Property, for development pursuant to the
Redevelopment Plan upon a determination by the City Council that the disposition of the
Property will assist in the elimination of blight, and is consistent with the implementation
plan adopted for the redevelopment project area pursuant to the Health and Safety
Code Section 33490, and the consideration for such disposition is not less than either
the fair market value or fair reuse value of the Property in accordance with the
covenants and conditions governing the disposition and development costs required
thereof; and
WHEREAS, the proposed Agreement, and a summary report meeting the
requirements of the Health and Safety Code Section 33433, were available for public
inspection consistent with the requirements of the Health and Safety Code Section
33433; and
WHEREAS, on April 30, 2003, the City Council held a duly noticed public hearing
on the proposed Agreement in accordance with the requirements of the Health and
Safety Code Section 33433, at which time the City Council reviewed and evaluated all
the information, testimony, and evidence presented during the public hearing; and
WHEREAS, Section 15312 of the Guidelines for the California Environmental
Quality Act, Title 14, California Code of Regulations, Sections 15000 et. seq. (the
"CEQA Guidelines"), provides that sale of real property by a governmental entity is
categorically exempt from CEQA; and
WHEREAS, ail actions required by all applicable law with respect to the
proposed Agreement have been taken in an appropriate and timely manner; and
WHEREAS, the City Council has reviewed the summary report required
pursuant to the Health and Safety Code Section 33433 and evaluated other information
provided to it pertaining to the findings required pursuant to the Health and Safety Code
Section 33433; and
WHEREAS, the City Council has duly considered all the terms and conditions of
the proposed Agreement and believes that the disposition of the Property pursuant
thereto is in the best interest of the City of Bakersfield and the health, safety, and
welfare of its residents, and in accord with the public purposes and provisions of the
applicable state and local laws and requirements; and
WHEREAS, the Agency initially acquired the Property by pumhasing it from the
City for ONE MILLION, ONE HUNDRED THOUSAND DOLLARS ($1,100,000.00); and
WHEREAS, the City and Agency entered into Agreement No. 99-243 and the
amendments thereto, which established that after the Agency sold the Property to a
third party, the City and Agency would negotiate how payment of the purchase price
would be made to the City; and
WHEREAS, the Agency desires to use the entire proceeds from the sale of the
Property as payment in full for the pumhase price and have the City forgive the
outstanding balance.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY
THE CITY COUNCIL OF THE CITY OF BAKERSFIELD, AS FOLLOWS:
1. The City Council finds and determines that, based upon evidence
provided in the record before it, the consideration for the Agency's disposition of
the Property pursuant to the terms and conditions of the Agreement, is not less
than the fair market value at its highest and best use in accordance with the
Redevelopment Plan.
2. The City Council hereby finds and determines that the disposition of
the Property pursuant to the Agreement will: (i) assist in the elimination of blight
by providing for the development of the Property which will serve as a catalyst for
the development of other property in the Southeast Bakersfield Redevelopment
Project Area and will also help to create new employment opportunities, and (ii)
is consistent with the implementation plan for the Southeast Bakersfield
Redevelopment Project Area adopted by the Agency pursuant to the Health and
Safety Code Section 33490.
3. The City Council hereby finds and determines that the sale of the
Property is categorically exempt from the requirements of CEQA pursuant to
Section 15312 of the CEQA guidelines.
4. The City Clerk is hereby authorized to prepare and file a Notice of
Exemption with the Clerk for the County of Kern.
5. The Agreement, a copy of which is on file with the Secretary of the
Agency, is hereby approved. The City Council hereby concurs in the
authorization of the Agency's chair executing the Agreement, and to take such
actions and to execute such other documents on behalf of the Agency as
necessary relative to the implementation and furtherance of the Agreement.
6. The City hereby accepts the SIX HUNDRED FIFTY THOUSAND
DOLLARS ($650,000.00) from the Agency as payment in full pursuant for the
total amount owner under Agreement No. 99-243 and all amendments thereto
and the Agency is hereby discharged from any further repayment obligations
thereunder.
the
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by
Council of the City of Bakersfield at a regular meeting thereof held on
~,PR 3 0 Z00~ , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCIL MEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO
COUNCIL MEMBER ~,.j~q~.3~...
COUNCIL MEMBER
COUNCIL MEMBER
CITY CLERK and Ex Offic~ Clerk of the
Council of the City of Bakersfield
APPROVED: APR .30 2003
Mayor
APPROVED AS TO FORM:
BART J. THILTGEN
City Attorney
By:
JANICE SCANLAN
Deputy City Attorney
$:council/resos/mt~ernonsale2.doc
4
EXHIBIT "A"
LEGAL DESCRIPTION
A parcel of land situated in the City of Bakersfield, County of Kern, State of California,
being a portion, of Section 3, Township 30 South, Range 28 East, M.D.B.&M., more
particularly described as follows:
The west ¼ of said Section 3.
Excepting therefrom the north 3,423.00 feet of the west 1,705.00 feet and the north
3,420.04 feet lying east of the west 1,705.00 feet of said 1/2 section.
Also, excepting the west 55.00 feet being road right-of-way for Mt. Vernon Avenue
Containing 110.76 acres.
APN 173-200-09