HomeMy WebLinkAboutRES NO 147-94RESO XO SO. 1 4 ? - 9 4
RESOLUTION AUTHORIZING ENTRY INTO AN
&CQUISITION AGREEMENT FOR IMPROVEMENTS
CITY OF BAKERSFIELD
ASSESSMENT DISTRICT NO. 93-2
(8TINE-HARRIS)
TRACT NO. 5688 (PHASE ~)
RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAKERSFIELD
as follows:
WHEREAS, Stine Road Developers, a general partnership
(the "Developer") 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 Tract No. 5688 (Phase I) (hereinafter referred to
as the "Property");
WHEREAS, the Developer 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 has conducted
proceedings pursuant to the Municipal Improvement Act of 1913, with
bonds to represent the unpaid assessments issued under the
Improvement Bond Act of 1915 to pay the cost of acquisition of
improvements including, but not limited to, the acquisition of the
Improvements;
WHEREAS, the parties desire to agree upon the terms and
conditions of construction by the Developer 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
8-11-~4(4340.2)
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 7th day of September, 1994, by
the following vote:
AYES: COUNCIlMEMBERS McDERMOTt, EDWARDS. Oe~lONO. SMITH, BRLINNI, ~, SALVAGGIO
NOES: COUNCILMEMBERS Y%J.~/~ ~
ABSTAIN: COUNCILMEMBERS i~/~ ~J~3 / .~' ~ .
ARSENT; COUNCILMEMBERS ~, L~,, ~
APPROVED this 7th day of
September 9~
~YOR o~ %he ~ity of Bakersfield
APPROVED AS TO FO~:
BURKE, WILLIES & SORENSEN,
Speci~l~o~sel/~
COU]~ERS~NED:~ .
CITY ATTO~EY of the /~
City of Bakersfield :'
Clerk of the Council of the
city of Bakersfield
8-11-94(4340.2) -- 3 -
EXHYBZT &
DESCRTpT~ON OF THE PROPERTY
The subject property may be described as follows:
Parcel 1 of Parcel Map 9919 recorded in Book 46 of Parcel
Maps, at page 53 in the Office of the Kern County
Recorder, also being in Section 22, T.30S., R.27E.,
M.D.M., in the City of Bakersfield, County of Kern,
California.
S-11-94(4340.2) -- 4 -