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HomeMy WebLinkAboutRES NO 102-03RESOLUTION NO. I 0 ~, ' 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 $1.00 TO PARKVlEW COTTAGES, LLC. WHEREAS, the Redevelopment Plan for the Old Town Kern-Pioneer 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 7.5 acres located between 21st Street, "R" Street, the Kern Island Canal and 23rd Street ("the Property") and is more particularly described in Exhibit "A" ("Legal Description"), which is attached hereto and incorporated herein by reference; and WHEREAS, PARKVIEW COTTAGES, LLC, ("the Buyer") desires to acquire the Property to develop seventy-four affordable single-family homes and has agreed to purchase the Property for ONE DOLLAR ($1.00). The use of the Property is in accordance with the Redevelopment Plan and the requirements of the City of Bakersfield; and WHEREAS, the purchase price is based upon a fair reuse analysis conducted by Rosenow Spevacek Group, Inc.; and WHEREAS, the Agency desires to enter into a Disposition and Development Agreement for the conveyance of the Property (the "Agreement") with the Buyer and a builder in order to implement the provisions of the Redevelopment Plan by providing affordable housing; 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 June 11, 2003, the City Council held a duly noticed public hearing on the proposed conveyance of the Property 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, all 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 purchasing it from the Kern County Board of Education and California Water Service Company for approximately ONE MILLION, NINE HUNDRED THIRTY-FIVE THOUSAND DOLLARS ($1,935,000.00); and 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 reuse value 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 affordable housing which will serve as a catalyst for the development of other property in the Old Town Kern-Pioneer Redevelopment Project Area and will also help to create new employment opportunities, and (ii) is consistent with the implementation plan for the Old Town Kern-Pioneer 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 disposition 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 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. 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 JUN 1 1 2003 , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCIL MEMBER COUCH, CARSON,~EN ~Ae~, MAC~GAR~, HANSON, SULLIVAN, SALVAGGIO COUNCIL MEMBER COUNCIL MEMBER COUNCIL MEMBER CITY CLERK and Ex Officio Cler~ of the Council of the City of Bakersfield APPROVED: JUN 11 ZOO3 HARVEY L. HALL Mayor APPROVED AS TO FORM: BART J. THILTGEN City Attorney /~'JANICE ~CANLAN Deputy City Attorney S;council/resos/cottages33433,doc EXHIBIT "A" LEGAL DESCRIPTION Parcels E, F, H, I, J and K of Lot Line Adjustment No. 99-0752, as per Certificate of Compliance recorded November 19, 1999 as Document No. 0199166479 of Official Records of the Kern County Recorder's Office located in the City of Bakersfield, County of Kern, State of California. All that portion of "T" Street vacated by Resolution ~481 of the City Council of the City of Bakersfield November 26, 1923, in the City of Bakersfield, County of Kern, State of California, described as follows: Beginning at the southeast corner of Block 184 of said City of Bakersfield as delineated on the "Sales Map of the Kern County Land Company" showing its subdivisions and additions to the City of Bakersfield, dated March 10, 1904, and filed in the office of the County Recorder on April 19, 1904 in Book 1, Page 13 of Maps; thence east 10.94 feet; thence north 20° 50' east 123.58 feet; thence west 54.89 feet to a point in the east line of Block 184; and thence south 115.5 feet to the point of beginning. Also known as APNs 005-030-16, 21, 22, 24, 25, 26 and 27