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HomeMy WebLinkAboutRES NO 197-94 SOLUTIO TO. I 9 ? ' 9 4 CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. (CALIFORNIA-OAK) 93-3 RESOLVED BY THE CITY COUNCIL (the "Council") OF THE CITY OF BAKERSFIELD (the "City") as follows: WHEREAS, CalOak Development, a limited partnership (the "Developer"), is the legal owner of all of that real property in the City of Bakersfield, County of Kern, described in Exhibit A hereto, commonly known as Assessment District No. 93-3 (California- Oak) (hereinafter referred to as the "Property"); WHEREAS, the Developer intends to construct, and the City intends to acquire, various improvements (the "Improvements") in connection with the development of the Property; WHEREAS, the Developer and the City entered into an Acquisition Agreement, dated as of May 4, 1994 (the "Agreement"), whereby the City and the Developer agreed upon the terms and conditions of construction by the Developer and acquisition by the City of the Improvements and such terms and conditions are set forth in the Agreement; WHEREAS, changes and modifications to the Improvements have occurred since the entry by the City and the Developer into the Agreement such that an amendment to the Agreement is necessary; WHEREAS, the public interest and general welfare will be served by entering into an amended acquisition agreement (the "Amended Agreement"). NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED AND ORDERED AS FOLLOWS: 1. The Amended Agreement, in substantially the form submitted herewith, which was drafted and negotiated in part by Bond Counsel's office, is hereby approved and the Mayor is authorized to execute, with such changes and revisions as the Mayor, upon consent of Bond Counsel, deems necessary and appropriate, and the City Clerk is authorized to acknowledge such signature, as entry by the city into the Amended 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 14th day of December 1994, by the following vote: AYES: COUNCILMEMBERS SALVAGGIO NOES: COUNCILMEMBERS ABSTAIN: COUNCILMEMEBER ABSENT: COUNCILMEmBERS DEMOND, CARSON, SMITH, Nl --~.~i., ROWLES~ ..... , City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield 1994: APPROVED AS TO FORM: · HARGROVE, B~nd Couhsel COUNTERSIGNED: C Ey, 'of the ,~y of ~ ~- ,..._~B~kersfl~i~~ 11/4/94(5476.1) F.~W~BIT A 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 S6uth, 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" E a distance of 224.55 feet along the northerly boundary of said Parcel 2 in LLA 366 to the northwest corner of Parcel 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 sou~h 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.