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