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Home My WebLink AboutRES NO 260-06 RESOLUTION NO. 260-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD APPROVING THE SALE OF REAL PROPERTY BY THE BAKERSFIELD REDEVELOPMENT AGENCY FOR $1.00 TO BAKER STREET VILLAGE, LLC. WHEREAS, the Redevelopment Plan for the Old Town Kern-Pioneer Redevelopment Project Area (the "Redevelopment Plan") was approved and adopted by the City Council of the City of Bakersfield; and WHEREAS, the Bakersfield Redevelopment Agency (the "Agency") is authorized and empowered under Community Redevelopment Law to enter into agreements for the acquisition, disposition and development of real property and otherwise assist in the redevelopment of real property within a redevelopment project area in conformity with a redevelopment plan adopted for such area, to acquire real and personal property within redevelopment project areas, to receive consideration for the provision by the Agency of redevelopment assistance, to make and execute contracts and other instruments necessary or convenient to exercise its powers, and to incur indebtedness to finance or refinance redevelopment projects; and WHEREAS, the Agency owns that certain real property of approximately 6.6 acres located between Lake Street, King Street, Kern Street and Kentucky Street ("the Property") and is more particularly described in Exhibit "A" ("Legal Description"), which is attached hereto and incorporated herein by reference; and WHEREAS, BAKER STREET VILLAGE, LLC, ("the Buyer") desires to acquire the Property to develop 84 residential units, five (5) new commercial buildings containing a total of approximately 50,000 square feet and rehabilitation of the 20,000 two story with basement Coronet Building, and has agreed to purchase the Property for ONE DOLLAR ($1.00). The use of the Property is in accordance with the Redevelopment Plan and the requirements of the City of Bakersfield; and WHEREAS, the purchase price is based upon a fair reuse analysis conducted by GRC Associates, Inc.; and WHEREAS, the Agency desires to enter into a Disposition and Development Agreement for the conveyance of the Property (the "Agreement") with the Buyer and a builder in order to implement the provisions of the Redevelopment Plan by providing a mixed use project; and ~..~~I(~~ ~ ~ i ~ ~ WHEREAS, pursuant to Section 33433 of the California Health and Safety Code, the Agency is authorized, with the approval of the Bakersfield City Council, after a duly noticed public hearing, to sell or lease the Property, for development pursuant to the Redevelopment Plan upon a determination by the City Council that the disposition of the Property will assist in the elimination of blight, and is consistent with the implementation plan adopted for the redevelopment project area pursuant to the Health and Safety Code Section 33490, and the consideration for such disposition is not less than either the fair market value or fair reuse value of the Property in accordance with the covenants and conditions governing the disposition and development costs required thereof; and WHEREAS, the proposed Agreement, and a summary report meeting the requirements of the Health and Safety Code Section 33433, were available for public inspection consistent with the requirements of the Health and Safety Code Section 33433; and WHEREAS, on September 27, 2006, the City Council held a duly noticed public hearing on the proposed conveyance of the Property in accordance with the requirements of the Health and Safety Code Section 33433, at which time the City Council reviewed and evaluated all the information, testimony, and evidence presented during the public hearing; and WHEREAS, Section 15312 of the Guidelines for the California Environmental Quality Act, Title 14, California Code of Regulations, Sections 15000 et. seq. (the "CEQA Guidelines"), provides that sale of real property by a governmental entity is categorically exempt from CEQA; and WHEREAS, all actions required by all applicable law with respect to the proposed Agreement have been taken in an appropriate and timely manner; and WHEREAS, the City Council has reviewed the summary report required pursuant to the Health and Safety Code Section 33433 and evaluated other information provided to it pertaining to the findings required pursuant to the Health and Safety Code Section 33433; and WHEREAS, the City Council has duly considered all the terms and conditions of the proposed Agreement and believes that the disposition of the Property pursuant thereto is in the best interest of the City of Bakersfield and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of the applicable state and local laws and requirements; and 2 fQt>.KC-9 ~ ~ - >- lTl l- . '0 0 ORIGINAL WHEREAS, the Agency initially acquired fifteen properties from the property. owners, relocated ten business and two residential occupants and demolished the buildings for approximately THREE MILLION, TWO HUNDRED EIGHTY-ONE THOUSAND, SEVEN HUNDRED TWENTY-EIGHT DOLLARS ($3,281 ,728.00); and NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF BAKERSFIELD, AS FOLLOWS: 1. The City Council finds and determines that, based upon evidence provided in the record before it, the consideration for the Agency's disposition of the Property pursuant to the terms and conditions of the Agreement, is not less than the fair reuse value in accordance with the Redevelopment Plan. 2. The City Council hereby finds and determines that the disposition of the Property pursuant to the Agreement will: (i) assist in the elimination of blight by providing for the development of affordable housing which will serve as a catalyst for the development of other property in the Old Town Kern-Pioneer Redevelopment Project Area and will also help to create new employment opportunities, and (ii) is consistent with the implementation plan for the Old Town Kern-Pioneer Redevelopment Project Area adopted by the Agency pursuant to the Health and Safety Code Section 33490. 3. The City Council hereby finds and determines that the disposition of the Property is categorically exempt from the requirements of CEQA pursuant to Section 15312 of the CEQA guidelines. 4. The City Clerk is hereby authorized to prepare and file a Notice of Exemption with the Clerk for the County of Kern. 5. The City Council hereby concurs in the authorization of the Agency's chair executing the Agreement, and to take such actions and to execute such other documents on behalf of the Agency as necessary relative to the implementation and furtherance of the Agreement. 3 ~ <oAk~-9 o % )0.. _ I- m - r- o <::7 ORIGINAL I HERESY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the 6City of Bakersfield at a regular meeting thereof held on SEP 2 7 200 ,by the following vote: ~ ~ ABSTAIN: ABSENT: .....- COUNCIL MEMBER MAGGARD, COUCH, CARSON, BENHAM, HANSON, SULLIVAN. SALVAGGIO COUNCIL MEMBER COUNCIL MEMBER COUNCIL MEMBER L-- 1.-- .........- -- ~ Lt. (Y)d' ~~ CITY CLERK and Ex Officio CI of the Council of the City of Bakersfield APPROVED: SEP 2 ., 2006 APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney 4 ~ 'QAI(~1> o % .l>- _ I- m - r- <..) t:1 ORIGINAL EXHIBIT "A" Legal Description "AUey Abandonment" Being a portion of the Northeasterly, eme quarter of Seetioll, 29 T. 295 R 28 E. M.D.B & M in the City of Bakent1elcl. State of CaOlom'a described as follow.: Parcell All that portion of the AUey In Block S81n the dty of Bakersfield, formerly known as tbe Town of Kern, as per map recorded In Book 1, pace' IS and 16 of maps, In the offiee of the Kern County Recorder, described as follows: Beabmlng at the Centerline monument of the Centerline Intenecdon of Baker Street and the Soutberly Ript of Way of Lake Street; thence Southerly alonl said CenterUne S 16016' 00" W, 150.06 feet; thence departing .ald CenterUne at right angles S 730 44t 00" Wt 40.00 feet to the Southeasterly conaer 01 Lot 1 laId point being the True Point of 8egfnnlng: thence S 16016' 00" W aloDa the Westerly RIght of Way lane of said Baker Street on the Easterly end 01 the Alley In .aid Block 58, 20.00 feet to the Northeasterly corner of Lot 32; thence N 73043' 44" W alollg the Southerly Line of said AUeYt 113.73 feet to the beabmfnlof curve concave Northwesterly who's ndlu. point bares N 16016' 16" E, 20.00 feet; thence Northeasterly along.aid curves through a Centerline angle of 900 00' 00" and arch length of 31.42 feet; to a point on the Nortb lane of said AUey; thence S 730 43t 44" E along said North line 93.72 feet; to the True Point of Beginning Parcel 2 All of tbe Alley In Bloek 57 of said Town of Kern f .{/tw/~ I~ ~"'K~-9 cJ. % ;:.... m I- r- -0 0 ORIGINAL