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HomeMy WebLinkAboutRES NO 62-94RESOLUTION NO. 2 ' 9 4 RESOLUTION AUTHORIZING ENTRY INTO AN ACQUISITION AGREEMENT FOR IMPROVEMENTS CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 93-3 (CALIFORNIA-OAK) RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAKERSFIELD as follows: WHEREAS, CalOak Development, a limited partnership (the "Subdivider") is the owner of all of that real property in the City of Bakersfield, County of Kern, described in Exhibit A hereto, commonly known as California-Oak (hereinafter referred to as the "Property"); WHEREAS, the Subdivider intends to construct various improvements in connection with the development of the property; such improvements (the "Improvements") being described in the Acquisition Agreement presented herewith (the "Agreement"); WHEREAS, Sections 10010 and 10311.5 of the California Streets and Highways Code contemplate the acquisition by a public agency of subdivision public improvements; WHEREAS, the City of Bakersfield proposes to conduct proceedings pursuant to the Municipal Improvement Act of 1913, with bonds to represent the unpaid assessments to be issued under the Improvement Bond Act of 1915 to pay the cost of acquisition of improvements including, but not limited t~, the acquisition of the Improvements; WHEREAS, the parties desire to agree upon the terms and conditions of construction by the Subdivider and acquisition by the City of Bakersfield of the Improvements and such terms and conditions are set forth in the Agreement; WHEREAS, the public interest and general welfare will be served by entering into the Agreement. NOW, THEREFORE, BE IT RESOLVED that the Agreement, in substantially the form submitted herewith, which was drafted in part and negotiated by Special Counsel's office, is hereby approved and the Mayor is authorized to execute, with such changes and revisions as the Mayor, upon consent of Special Counsel, deems necessary and appropriate, and the City Clerk to acknowledge such signature, as entry by the City into the Agreement. I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the City Council of the City of Bakersfield at a regular meeting thereof held on the 4th day of May 1994, by the following vote: City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED thi~ day of May, 1994 MAYOR of ~h~VCi~y~of~Bakersfield APPROVED AS TO FORM: BURKE, WILLIAMS & SORENSEN, Special Counsel CITY ATTORNEY of City of Bakersfield EXHIBIT CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. (CALIFORNIA-OAK) 93-3 DESCRIPTION OF THE PROPERTY The subject property may be legally described as: Assessment District No. 93-3, consisting of several lots and parcels of land located in the City of Bakersfield, County of Kern, State of California, located in the Southeast Quarter of section 26, Township 29 South, Range 27 East (T 29 S, R 27 E), Mount Diablo Base and Meridian (MDB&M), according to the official Plats thereof, where the proposed boundaries of said Assessment District No. 93-3 are more particularly described as follows: Beginning at the Northwest Corner of Parcel 2 in Lot Line Adjustment No. 366 (LLA 366) according to the certificate of compliance for LLA 366 recorded November 9, 1993, as Document No. 165506, in Book 6939, at Page 27, of official Records, in the office of the Kern County Recorder; Thence (1) S 89 Deg 10' 14" the northerly boundary of northwest corner of Parcel E a distance of 224.55 feet along said Parcel 2 in LLA 366 to the 1 in said LLA 366; Thence (2) S 79 Deg 00' 00" E a distance of 487.00 feet along the northerly boundary of said Parcel 1; Thence (3) continuing along said northerly boundary of Parcel 1 S 71 Deg 30' 00" E a distance of 140.00 feet; Thence (4) continuing along said northerly boundary of Parcel 1 S 61 Deg 00' 00" E a distance of 196.41 feet to the northeast corner of said Parcel 1; Thence (5) S 61 Deg 00' 00" E along the southeasterly prolongation of the last above-described course of the northerly boundary of said Parcel 1 to the point of intersection with the east line of said Section 26; Thence (6) southerly along said east line of Section 26 to the southeast corner of said Section 26; Thence (7) westerly along the south line of said Section 26 to the point of intersection with the center line of construction for state route VI-KER-99 according to the information shown on filed map 7-1, Book 1, Page 176, on file in the office of the Kern County Surveyor; Thence (8) northerly along said center line of construction for state route VI-KER-99 according to said filed map to the point of intersection with the westerly prolongation of said northerly boundary of Parcel 2 in LLA 366; Thence (9) easterly along said westerly prolongation of the northerly boundary of Parcel 2 to the northwest corner of said Parcel 2, said point also being the point of beginning. City of Bakersfield Assessment District No. 93-3 (California- Oak) containing 17.72 acres, more or less. EXHIBIT B CITY OF BAKERSFI~r.n ~SSESSMENT DISTRICT NO, 93-3 ( C3~L! FORNI&-OAK ) DESCRIPTION OF IMPRO'VEMENTS The improvements proposed to be acquired pursuant to the proceedings for City of Bakersfield Assessment District No. 93-3 ("A.D. 93-3") are generally described as follows: The acquisition costs include (1) curb, gutter, sidewalk, handicap ramps, an additional lane of pavement, street lights, various traffic signal modifications and relocations of existing underground and overhead utilities between Real Road and Oak Street; (2) all necessary work to complete certain Highway 99 on- and off-ramp relocation and modification; (3) necessary modifications, if any, to the existing storm drain system and/or sewer system in California Avenue between Oak Street and Real Road; and (4) acquisition of all rights-of-way, easements, franchises, licenses and permits, the construction of all auxiliary work, and the payment of incidental expenses necessary and/or convenient to the accomplishment of the foregoing. ACQUISITION COSTS Utility Costs Relocation and undergrounding of PG&E lines $ 135,000.00 2o 4. 5. 6. California Avenue Street Frontage Improvements between Oak Street and the Westbound California Avenue to Freeway 99 on-ramp Storm Drain Improvements Sewer Improvements Storm Drain Sump Right-of-Way Acquisition Incidental Costs $ 110,078.00 $ 70,000.00 $ 21,000.00 $ 110,000.00 $ 46,000.00 TOTAL PROJECT COSTS $ 492,078.00