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HomeMy WebLinkAboutRES NO 33-95RESOLUTION $ $ ' 9 5 A RESOLUTION AUTHORIZING EXPENDITURE OF $45,000 FROM THE SALE OF THE RACQUETB~T.r. FACILIT~ AT BEACH PARK TO THE SOCCER AND RUGB~ FIELD REALIGNMENT AND LIGHTING PROJECT AT BEACH PARK. WHEREAS, the City of Bakersfield acquired all right, title and interest to Beach Park pursuant to a quit claim deed from the County of Kern dated August 16, 1976 and recorded at Book 4975 and page 1517 of the Records of the Kern County Recorder; and WHEREAS, the said quit claim deed contained a restriction that "In the event the City of Bakersfield [did] not use said property for public recreation purposes and uses incidental to public recreation for any period of one year, then the City of Bakersfield shall automatically forfeit its title to said property which shall revert to the County of Kern"; and WHEREAS, the City of Bakersfield and the County of Kern entered into a contract on May 31, 1989, which contract was Kern County Agreement No. 484-89 and City Agreement No. 89-143; and WHEREAS, pursuant to the contract of May 31, 1989, the County agreed to quit claim to the City that portion of Beach Park upon which the racquetball facility was situated without the aforementioned deed restriction; and WHEREAS, pursuant to the agreement of May 31, 1989 and in consideration for the removal of the aforementioned deed restriction, the City of Bakersfield agreed "that any and all revenue it derives from its leasing, sale of, or other use of the [racquetball] property... shall be entirely devoted to operating, maintaining, or improving the remainder of Beach Park for continued public recreation purposes and uses incidental thereto"; and WHEREAS, on April 8, 1992, the City of Bakersfield by Agreement No. 92-75, entered into a contract whereby the Beach Park racquetball facility was sold to an independent third party for the purchase price of $150,000; and WHEREAS, this $150,000 was allocated to the 1994-1995 capital improvement budget for purposes of providing capital improvements for Beach Park in compliance with the City's agreement with the County; and WHEREAS, the Community Services Manager, in response to inquiries by the Council, is ready to proceed on a project for the realignment and lighting of the soccer and rugby field at Beach Park; and WHEREAS, the soccer and rugby field project at Beach Park would be a project related to the operation, maintenance, or improvement of the remainder of Beach Park for continued public recreation purposes and uses incidental thereto; and WHEREAS, the Community Services Manager requests and recommends allocation of $45,000 from the $150,000 purchase price for the realignment of the soccer and rugby fields, the relocation of four security lights, and the installation of a new field lighting system; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield that the expenditure of $45,000 for the Beach Park soccer and rugby field realignment and lighting project is hereby approved. .......... O00 .......... -- 2 -- 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 ~FEB ~2 ~ , by the following vote: AYES: COUNCILMEMBER DeMOND, CARSON, SMITH, McDERMOTT, ROWLES, CHOW, SALVAGGIO NOES: COUNCILMEMBER ~ 0hD ABSTAIN: COUNCILME]~BER ~ ABSENT: COUNCILMEMBER Assistant CITY CLERK and EX OFF~IO of the Council of the City of Bakersfield APPROVED FEB 2~ 199~ MAYOR of the City of Bakersfield APPROVED AS TO FORM: ,~JDY K. SKOUSEN City Attorney Assistant Cit~//Kttorney City of Bakersfield WHP/meg - 3 -