HomeMy WebLinkAboutRES NO 138-08RESOLUTION NO. 1 3 8 -
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAKERSFIELD APPROVING THE SALE OF REAL
PROPERTY BY THE BAKERSFIELD REDEVELOPMENT
AGENCY FOR $140,700 TO SOUTHWEST CONSULTING,
INC.
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 carry out the Redevelopment
Plan, and 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 an approximately
10,050 square foot parcel within the Old Town Kern-Pioneer Redevelopment Project
Area, located at 501 19th Street ("the Property") and is more particularly described in
Exhibit "A" ("Legal Description"), which is attached hereto and incorporated herein by
reference; and
WHEREAS, SOUTHWEST CONSULTING, INC., ("the Buyer") desires to acquire
the Property to develop a 38,666 square foot commercial building on the Property. The
use of the Property is in accordance with the Redevelopment Plan and the requirements
of the City of Bakersfield; and
WHEREAS, the Agency and Buyer have negotiated a Disposition and
Development Agreement in good faith in order to implement the provisions of the
Redevelopment Plan by providing for the development of a commercial building in a
mixed use project; and
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WHEREAS, the purchase price negotiated for the Property as part of the DDA is
the amount of One Hundred Forty Thousand Seven Hundred Dollars ($140,700.00),
which price was determined upon a fair reuse analysis conducted by GRC Associates,
Inc.; and
WHEREAS, pursuant to Section 33433 of the California Health and Safety Code,
the Bakersfield City Council may, after a duly noticed public hearing, authorize the
Agency 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, notices of the public hearing before the City Council were duly
published on August 5, 2008 and August 12, 2008, and
WHEREAS, the project qualifies as CEQA exempt under Section 15332 under
Infill Development and therefore will not result in any significant effects relating to traffic,
noise, air or water quality.
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
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.
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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 Southeast
Bakersfield 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 Bakersfield Redevelopment Project
Area adopted by the Agency pursuant to the Health and Safety Code
Section 33490.
3. The City Council hereby approves the proposed sale of the Property by
the Agency to the Buyer upon the terms and conditions set forth in the
DDA.
HEREBY CERTIFY that the foregoing Resolution was passed and adopted by
the Council of the City of Bakersfield at a regular meeting thereof held on
AUQ 2 0 2008 , by the following vote:
YES:
S:
ABSTAIN
ABSENT:
/~SS~~ CITY CLERK and Ex Officio Irk of the
Council of the City of Bakersfield
appf~nvFn• eur, ~ ~ ~~~
By: ~~
OSHUA H. RUDNICK
Deputy City Attorney II
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COUNCIL MEMBER HANSON, BENHAM, CARSON, 96F16Ff, SHRIVNER, SULCIVAN, WEIR
COUNCIL MEMBER A.U~.~
COUNCIL MEMBER h,BYI.P,~
COUNCIL MEMBER (~.(>t
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APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
EXHIBIT "A"
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF
KERN, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
A PORTION OF BLOCK 255 AND ABANDONED "S" STREET, IN THE CITY OF
BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, AS SAID BLOCK 255
IS SHOWN ON THE CERTAIN LAND MAP DATED MARCH 10, 1904, ENTTILED
"SALES MAP OF THE KERN COUNTY LAND COMPANY SHOWING SUBDIVISIONS
OF ITS ADDITIONS, CITY OF BAKERSFIELD, KERN COUNTY, CALIFORNIA"
WHICH SAID MAP WAS FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAID KERN COUNTY ON APRIL 19, 1904, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 5; THENCE WESTERLY
ALONG THE SOUTHERLY LINE OF BLOCK 255 AND THE EXTENSION THEREOF,
107.25 FEET TO A POINT IN THE CENTER LINE OF ABANDONED "S "STREET;
THENCE WITH A DEFLECTION ANGLE OF 116° 28.5' TO THE RIGHT,
NORTHEASTERLY 129.03 FEET TO THE NORTHERLY LINE OF LOT 5; THENCE
EASTERLY ALONG THE NORTHERLY LINE OF LOT 5, 49.73 FEET TO THE
NORTHEAST CORNER OF LOT 5, THENCE SOUTHERLY ALONG THE EASTERLY
LINE OF LOT 5, 115.20 FEET TO THE POINT OF BEGINNING. TOGETHER WITH
THE SOUTH HALF OF THAT PORTION OF THE VACATED ALLEY ADJACENT TO
SAID LAND ON THE NORTH, WHICH WOULD PASS BY A CONVEYANCE OF SAID
LAND UNDER SECTION 1112 OF THE CIVIL CODE. EXCEPT, HOWEVER, ALL OF
THE MINERALS, INCLUDING OIL, GAS, ASPHALTUM AND OTHER
HYDROCARBONS IN AND UNDER SAID PREMISES, AS RESERVED IN THE DEED
FROM KERN COUNTY LAND COMPANY, A CORPORATION, RECORDED AUGUST
27, 1945 IN BOOK 1198 PAGE 308 OF OFFIICAL RECORDS, WHICH DEED IN
PART, RECITES AS FOLLOWS:
"THE SAID FIRST PARTY, ITS SUCCESSORS AND ASSIGNS, SHALL NOT
CONDUCT DRILLING OR OTHER OPERATIONS UPON THE SURFACE OF SAID
LAND WITHOUT FIRST HAVING SECURED THE WRITTEN CONSENT OF SAID
SECOND PARTY, THEIR HEIRS AND ASSIGNS; BUT NOTHING HEREIN
CONTAINED SHALL BE DEEMED TO PREVENT THE SAID FIRST PARTY, ITS
SUCCESSORS AND ASSIGNS, FROM EXTRACTING OR CAPTURING SAID
MINERALS BY DRILLING ON ADJACENT OR NEIGHBORING LANDS AND/OR
FROM CONDUCTING SUB-SURFACE DRILLING OPERATIONS UNDER THE SAID
LANDS AT SUCH DEPTHS AS NOT TO DISTURB THE SURFACE THEREOF OR
ANY IMPROVEMENTS THEREON."
APN: 006-092-05
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SUMMARY REPORT PERTAINING TO THE AGREEMENT BY AND BETWEEN THE
BAKERSFIELD REDEVELOPMENT AGENCY AND
SOUTHWEST CONSULTING, INC., A CALIFORNIA CORPORATION
This report has been prepared in compliance with Section 33433 of the
California Community Redevelopment Law (Health and Safety Code Section 33000 et
seg.), which provides in part:
"Before any property of the agency acquired in whole or in part, directly or indirectly,
with tax increment moneys is sold or leased for development pursuant to the
redevelopment plan, the sale or lease shall first be approved by the legislative body by
resolution after public hearing. Notice of the time and place of the hearing shall be
published in a newspaper of general circulation in the community for at least two
successive weeks prior to the hearing.
The Agency shall make available for public inspection and copying at a cost not
to exceed the cost of duplication:
a. A copy of the proposed sale or lease;
b. A summary, which describes and specifies...:
1. The cost of the agreement to the agency, including land acquisition
costs, clearance costs, relocation costs, the costs of any improvements to
be provided by the agency, plus the expected interest on any loans or
bonds to finance the agreements; and
2. The estimated value of the interest to be conveyed or leased,
determined at the highest and best uses permitted under the plan; and
3. The estimated value of the interest to be conveyed or leased,
determined at the use and with the conditions, covenants, and
development costs required by the sale or lease. The purchase price or
present value of the lease payments that the lessor will be required to
make during the term of the lease. If the sale price or total rental amount
is less than the fair market value of the interest to be conveyed or leased,
determined at the highest and best use consistent with the redevelopment
plan, then the agency shall provide as part of the summary an explanation
of the reasons for the difference; and
4. An explanation of why the sale or lease of the property will assist in
the elimination of blight."
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A. PROPOSED AGREEMENT
A copy of the proposed Agreement ("Agreement") between Southwest
Consulting, Inc., a California Corporation ("Developer"), City of Bakersfield ("City") and
the Bakersfield Redevelopment Agency ("Agency") is attached for public review. The
Agreement sets forth the responsibilities of the Developer, City and Agency and
specifically establishes the parameters, restrictions and limitations of the proposed
redevelopment project ("Project"). The proposed Project represents a key component
of the Old Town Kern-Pioneer Redevelopment Project Area in Bakersfield.
B. SUMMARY OF THE AGREEMENT
The Site. The Pro~ect site consists of approximately 0.5 net acres of land
located at 501 19 h Street. The site is bounded by 19th Street on the
north, 18th Street on the south, the Kern Island Canal on the west and
various commercial properties on the east about mid-block from "V" Street
in the City of Bakersfield ("Bakersfield"). The site is located within the Old
Town Kern-Pioneer Redevelopment Project Area ("Project Area") adopted
by Ordinance No. 3904 on June 30, 1999 by the City Council of
Bakersfield ("City Council"). Development of the Project site is regulated
by City of Bakersfield Zoning Ordinance, and the Bakersfield General
Plan.
The Project site consists of three parcels. The Developer purchased two
parcels and one of the Project site parcels was purchased by the Agency
for $495,000 on November 30, 2007(Assessor Parcel Number 006-092-
05). The Agency parcel consists of 10,050 square feet of land. Currently,
the Agency parcel has building improvements, known as the Amusement
Company Building. However, these building improvements will be
demolished and the site will be transferred by the Agency to the
Developer as vacant land with no warranty, expressed or implied, by the
Agency.
A site map and legal description of the site can be found as Exhibit "A" to
the Agreement.
2. Proposed Proiect. The Project is planned as a commercial center withy
retail, restaurant, food court and office land uses. The commercial
component will provide the neighborhood with much needed goods and
services.
Retail, Restaurant & Office: There will be approximately 38,666 square
feet of new retail/restaurant and office space that will be developed along
the Kern Island Canal between 18th and 19th Streets. These
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improvements will be located within afour-story structure built with Type
VA construction.
Food Court: There will also be a one-story food court with approximately
3,000 square feet of building area. The food court will be built with Type
VB construction.
The Project's goal is to become a catalyst that would assist in the
revitalization of its surrounding area in Bakersfield, specifically the
revitalization along the Mill Creek Linear Park.
The Project's revitalization effort includes complementary and compatible
uses and potential generators for future expansion and growth in the
immediate neighborhood.
The development shall be first class and constructed with quality
materials. All construction will be executed in accordance with City
specifications, standards and practices, with all plans approved by the
City.
3. Schedule of Performance. The Agreement binds the Developer to a
specific schedule of construction and completing the Project in
accordance with the Agreement on or before the date specified in the
Schedule of Performance. The required dates for completing
development milestones are set forth in the Schedule of Performance
attached to the Agreement as Schedule "C".
4. Demolition. The site shall be conveyed from the Agency to the Developer
in a roughly graded condition, absent of any improvements. Demolition of
existing structure will be completed by the Agency.
5. Purchase Price. The terms of the Agreement require the Agency to
convey the vacant land site to the Developer for a purchase price of
$140,700.00, which is the fair market value of the land based on
appraisals of similar commercial land in close proximity to the Agency
parcel. Said consideration is to be paid through escrow for the transfer of
the site.
6. Escrow and Title Insurance. Pursuant to the conditions of the Agreement,
the Agency and the Developer shall pay respective escrow fees specified
in the Agreement. The Developer shall pay the premium charged by the
title company for the title insurance policy. Also, the Developer shall pay
recording fees, notary fees, costs of the extended coverage title policy, if
any, documentary transfer taxes and any and all other charges, fees and
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taxes levied by a governmental authority relative to the conveyance of the
site.
7. Condition of the Site, Remediation of the Site. The Developer shall
indemnify the Agency and/or City on any suits (hazardous, environmental
and other) resulting from the development or use of the site. The
Agreement requires that the Developer accept the site in "as-is" condition,
with no warranty expressed or implied by the Agency, including without
limitation, the presence of hazardous materials or the condition of the soil,
its geology, the presence of known or unknown seismic faults, or the
suitability of the site for its intended purposes. The Developer shall have
90 days to conduct its due diligence work, and the right, at its sole cost, to
make such investigations during this time period, as the Developer deems
necessary. If the Developer reasonably disapproves of the environmental
condition of the site, then the Developer has the right to look to prior
owners of the Agency parcel, or terminate the Agreement. Once escrow
closes, the Developer takes the property "as is" and assumes all
responsibility and liability for hazardous materials of every kind found on
the site, including, but not limited to, clean-up costs.
8. Use Covenants. The Developer covenants and agrees for itself and its
successors and assigns, that beginning on the effective date and ending
on the Redevelopment Plan termination date, Developer and such
successors shall not devote the Agency parcel, or any part thereof, to
uses inconsistent with the Redevelopment Plan, the applicable zoning
restrictions or the DDA.
9. Transfers of Interest in Site. Transfers are permitted only as expressly
described in the Agreement. Any assignment will be subject to such
terms and conditions as City may choose to impose.
10. Permitted Encumbrances. The City shall have the right of reasonable
review and approval of any lender from which the Developer proposes to
obtain any loan, whether or not such Loan is secured by a lien against the
site or any portion thereof. The Agency shall not unreasonably withhold,
condition or delay its approval of any proposed lender or loan.
11. Obligation to Refrain from Discrimination. The Developer covenants that
there shall be no discrimination against or segregation of any person or
group of persons on account of race, color, creed, religion, sex, marital
status, sexual orientation, national origin or ancestry in the sale, lease,
sublease, transfer, use, occupancy, tenure or enjoyment of the site. The
anti-discrimination covenants shall run with the land.
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12. Insurance. The Developer is required to maintain automobile, general
liability and builder's all risk insurance. The commercial general liability
insurance coverage shall have minimum limits for bodily injury and
property damage liability of not less than $1,000,000 for each occurrence.
In addition, the Developer needs to provide builder's all risk coverage on
an occurrence basis for fire and other building risks in a form to be
approved by the Agency in the amount equal to the replacement cost of
all improvements. The Agreement also requires Workers' Compensation
insurance with a standard waiver of subrogation clauses in favor of
indemnified parties identified in the Agreement. The Developer must
furnish proof of insurance to the Agency prior to the close of escrow.
13. Prevailinc Wailes. The Agency is selling the Agency parcel to the
Developer for fair market value based on the most recent similar
appraisals and is not providing financial assistance for this Project
pursuant to the DDA. It is the parties understanding that the Project shall
not be required to pay prevailing wages. However, the Developer shall
indemnify, defend and hold the Agency and the City harmless with respect
to any claim asserting a violation by Developer of the prevailing wage
requirements arising from any work perFormed on the site.
14. Indemnification. The Agreement contains a comprehensive hold
harmless clause that requires the Developer to indemnify, upon closing,
Agency, City, its officers, agents and employees against any claim
resulting from,. arising out of, connected with, or caused by Developer,
Developer's employees, agents, independent contractors, companies, or
subcontractors, in the performance of, or in any way arising from, the
terms and provisions of the Agreement.
15. Fees and Permits. The Developer is required to secure any and all land
use and other entitlements, permits and approvals required for the
improvements. It is the Developer's responsibility to pay the cost of all
such fees and permits. The approval of the Agreement does not bind the
City Council or the Planning Commission of the City regarding approvals
of the Project required by such bodies.
16. Enforcement of the Agreement. The DDA specifies that escrow may be
terminated by demand of either party if conditions to closing specified in
the DDA did not occur, escrow was not in condition to close or if either
party was in breach of the terms of the DDA. Either party may demand
return of its funds and documents from escrow. No demand will be
recognized until 30 days after the escrow agent mailed copies of demand
to the non-terminating party, and if no objections were raised in writing to
the terminating party. There will be an additional 30 days to cure defaults,
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and if closing conditions still cannot be satisfied, may the approving party
terminate escrow.
C. SUMMARY OF AGENCY EXPENDITURES
The Agency has incurred the following expenditures to acquire the site:
Property Acquisition and Demolition. Expenditures of $495,000 were
incurred to acquire the Agency parcel that is part of the Project site.
In addition, the Agency has budgeted $35,478 in demolition costs.
Public Imorovements. The Agency has not paid for any public
improvements related to this Project.
2. Bond Interest. The Agency did not use the proceeds of any tax allocation
bonds for the acquisition of the subject properties. Consequently, the
Agency did not incur any bond interest payments.
D. ESTIMATED FAIR MARKET VALUE
1. Highest and Best Use
The California Health and Safety Code requires disclosure of the highest and best use
of the property to be sold as permitted under the redevelopment plan. The Old Town
Kern-Pioneer Redevelopment Project Area Plan relies on the City's General Plan for
land use guidance. The highest and best use of the Project site is commercial.
2. Fair Market Value
Typically, the fair market value of a proposed project reflects the maximum possible
value of the property that would allow development at the highest and best use of the
site. In this case, the General Plan provides very strict use guidelines as to possible
development. The proposed Project reflects the land use requirements identified in the
General Plan.
The Agency is selling the Agency Parcel to Developer for fair market value based on
the most recent similar appraisals and is not providing financial assistance for this
Project pursuant to the DDA. The Agency's 10,050 square foot parcel is being sold to
the Developer for $140,700, or $14.00 per square foot of land. The $14.00 per square
foot price was based on a comparable property located nearby on 21St Street that sold
for $13.85 per square foot.
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The value of the Project site represents the fair market value and the value as vacant
land for commercial purposes.
E. ELIMINATION OF BLIGHT
The disposition of property under current law requires that the Agency explain how the
disposition will assist in the elimination of blight. The site exhibits characteristics of both
economic and physical blight, since the site has been underutilized for several years
and the private market has not been able to put the Agency property to productive use.
The Agency property is known as the Amusement Company Building. It is located in an
area that has little economic activity. The Agency believes that the proposed
commercial project on the site would have two main benefits: 1) Revitalize the area next
to Mill Creek Linear Park, and 2) provide much needed goods and services to local
families.
The proposed disposition will allow the development of the site, which will result in a
use that meets the requirements of the Bakersfield Land Use and Development Code,
the Redevelopment Plan, and the General Plan. Furthermore, the proposed Project is
also consistent with the goals of the adopted Implementation Plan for the
Redevelopment Project Area. Redevelopment of the site will eliminate adverse
economic and physical conditions, create jobs and generate additional tax revenues to
the City and Agency.
A summary of the conditions of blight and an explanation of how the Agreement
addresses these conditions is as follows:
a. Physical Blight. The characteristics of physical blight are readily apparent
at the site, and for this reason that Agency will demolish the
improvements.
b. Economic Blight. There are two characteristics of economic blight at the
site: 1) vacancy; and 2) underutilization. The site has been underutilized
for years. Redevelopment of the site will contribute to the economic
health of the surrounding area and is anticipated to provide good business
opportunities for the community.
F. SUMMARY STATEMENT
The full Agreement and this disclosure report prepared in compliance with Section
33433 of the California Community Redevelopment Law (Health and Safety Code
Section 33000 et seq.) are available for public review at the City Clerk's Office located
at 1501 Truxtun Avenue, Bakersfield, CA 93301 and at the Economic and Community
Development Department located at 1600 Truxtun Avenue, Ste. 300, Bakersfield, CA
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93301. A photocopy of these documents may be obtained from the Agency
Secretary/City Clerk by paying the usual photocopy fee regularly .charged by the
Agency and City.
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Escrow Alo.: 07.76594TP
Iwcata No.: CAFNT091S0935-0001-0000076590
1'Itk No.: 97-76590~GC
EXHIBIT "A"
6804
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF KERN, STATE OF CALIFORNIA, AND IS
DESCRIBED AS FOLLOWS:
A PORTION OF BLOCK 255 AND ABANDONED "S" STREET, IN THE CTIY OF BAKERSFIELD, COUNTY OF KERN, STATE OF
CALIFORNIA, AS SAID BLOCK 255 IS S HOWN ON THE CERTAIN LAND MAP DATED MARCH 10, 1904, ENTITLED "SALES
MAP OF THE KERN COUNTY LAND COMPANY SHOWING SUBDMSIONS OF ITS ADDIITONS, CITY OF BAKERSFIELD, KERN
COUNTY, CALIFORNIA" WHICH SAID MAP WAS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAI D KERN
COUNTY ON APRIL 19, 1904, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 5; THENCE WESTERLY ALONG THE SOUTHERLY UNE OF BLOCK 255
AND THE EXTENSION THEREOF, 107.25 FEET TO A POINT IN THE CENTER LINE OF ABANDONED "S "STREET; THENCE
WITH A DEFLECTION ANGLE OF 116° 28.5' TO THE RIGHT, NORTHEASTERLY 129.03 FEET TO THE NORTHERLY LINE OF
LOT 5; THENCE EASTERLY ALONG THE NORTHERLY LINE OF LOT 5, 49.73 FEET TO THE NORTHEAST CORNER OF LOT 5,
THENCE SOUTHERLY ALONG THE EASTER LY LINE OF LOT 5, 115.20 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH THE SOUTH HALF OF THAT PORTION OF THE VACATED ALLEY ADJACENT TO SAID LAND ON THE
NORTH, WHICH WOULD PASS BY A CONVEYANCE OF SAID LAND UNDER SECTION 1112 OF THE CML CODE.
EXCEPT, HOWEVER, ALL OF THE MINERALS, INCLUDING OIL, GAS, ASPHALTUM AND OTHER HYDROCARBONS IN AND
UNDER SAID PREMISES, AS RESERVED IN THE DEED FROM KERN COUNTY LAND COMPANY, A CORPORATION,
RECORDED AUGUST 27, 1945 IN BOOK 1198 PAGE 308 OF OFFIICAL RECORDS, WHICH DEED IN PART, RKITES AS
FOLLOWS:
"THE SAID FIRST PARTY, TES SUCCESSORS AND ASSIGNS, SHALL NOT CONDUCT DRILLING OR OTHER OPERATIONS
UPON THE SURFACE OF SAID LAND WTrFiOLR' FIRST HAVING SECURED THE WRITTEN CONSENT OF SAID SKOND
PARTY, THEIR HQRS AND ASSIGNS; B UT NOTHING HERQN CONTAINED SHALL BE DEEMED TO PREVENT THE SAID
FIRST PARTY, ITS SUCCESSORS AND ASSIGNS, FROM EXTRACTING OR CAPTURING SAID MINERALS BY DRILLING ON
ADJACENT OR NEIGHBORING LANDS AND/OR FROM CONDUCTING SUB -SURFACE DRILLING OPERATIONS UNDER TH E
SAID LANDS AT SUCH DEPTHS A5 NOT TO
DISTURB THE SURFACE THEREOF OR ANY IMPROVEMENTS THEREON."
APN:006-092-OS
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BE]NG A MERGER AND REDMSION OF PARCELS 1, 2, 4, 5 OF PARCEL YAP No. 5139 FILED IN BOOK 23 OF PARCEL
DAPS AT PAGE 107. PARCEL 1 OF LOT LINE ADJUSTYENf No. 241 AS E BY CERTIFICATE OF OOYPUMICE
RECORDED IN BOOK 8053 AT PAGE 1838, AND THE PARCEL CONVEYED MI Tiff GRANT DEED RECORDED AS DOCULIOrT
No. 0207238521, ALL OF OFFICW. RECORDS IN THE OFFCE OF THE KERN OOUNTY REOORDEtt. ALSO. BE]NG A PORTION
OF THE EAST HALF OF SECTION 30, 1+OMA~P 29 SOUTH, RANGE 28 EAST, MOUNT OIA8L0 MERIDIAN, IN THE CTIY OF
BAKERSFiD.D, COUNTY OF KERN, STATE OF CALIFORNIA.
BASIS OF BEARINGS:
ALL BEARINGS AND DISTANCES SHOWN UPON THIS ILLUSTRATION ARE "THIS MAP IS PROVIDED FOR ILLUSTRATIVE
MEASUREMENTS OF RECORD PER THE FIELD SURVEY OF THIS MINOR LAND pURPOSES ONLY"
DIVISION AS EVIDENCED BY A RECORD OF SURVEY FILED IN THE OFFICE OF
THE KERN COUNTY RECORDER.
PREPARED BY:
PORTER AND ASSOCIATES, INC.
1200 21st STREET
BAKERSFlELD, CALIFORNIA 93301
(805) 327-0362
PROPERTY OWNER:
XXXXXXXXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXXXXXX
EASEMENT TABLE:
QRpFESS/ONq
~~~~~~ ~~p w . PpRr~~ ~y
c,
Z
~ RCE 33448 ~
FRE W. PO
* Exp.6-30-08 ,~
~~'9lF OF' V 1 ,~~~P
CAl
~ AN EASEMENT IN FAVOR OF CITY OF BAKERSFIELD FOR SEWER, STORMDRAIN, AND PUBLIC UTILITY PURPOSES
PER DOCUMENT RECORDED APRIL 23, 1947 IN 800K 1341 AT PAGE 246 OF OFFICIAL RECORDS IN THE OFFICE
OF THE KERN COUNTY RECORDER
LEGEND:
O 2' IRON PIPE TAGGED 'RCE 33448' PER RECORD
OF SURVEY
-5- EXISTING
-W- EXISTING
-~- EXISTING
-~+E- EXISTING
~ EXISTING
® EXISTING
SEWER UNE
WATER UNE
GAS UNE
OVERHEAD UNE
POWER POLE
SEWER MANHOLE
STATISTICS:
A.P.N.
WATER:
POWER:
GAS:
SEWER:
TELEPHONE:
CABLE N:
EXISTING ZONING:
PROPOSED ZONING:
EXISTING LAND USE:
PROPOSED LAND USE:
G.P.
000
006-092-05, 10, 11, 13, 14, 15
CITY OF BAKERSFIELD
PACIFIC GAS dt ELECTRIC COMPANY
PACIFIC GAS do ELECTRIC COMPANY
CITY OF BAKERSFIELD
ATdcT
BRIGHTHOUSE NETWORKS
CC
CC
~r mE~
VACANT/COMMERCIAL
COMMERCIAL/MULT1 FAMILY RESIDENTIAL
MCU
EXHIBIT ~
PARCEL MERGER 08-
~-
VICINITY 11AAP o~OAK
NOT TO SCALE
(I PORTER 8 ASSOCIATES,.
ENO a su~r~o ~
QROFESS/~ EXHIBR 'B'
y~~~a~o W • Pogr~~ ~~' "THIS MAP IS PROVIDED FOR
ILLUSTRATIVE PURPOSES ONLY"
v ~i
a RCE 33448 ~ FR D W. POR R DATE
* Exp.6-30-08
~ CAL
-~ 11Pth S11iEET _ _ - -~~
~ N 90'00'00" E ~~
N N
~ DW1' 9DEWALK DWY ~
j `~ 90.00' j ~~ 95.00' ~ ~ 96.23% ~' i
I °~' N 90'00'00" E 281.23', ~
3 /y w
H - 3
I °o o ~ °o 00
o o~ o ~~~ o oN
W '
I L7 °o ~ ~'~ °o~
Z / O ~
N 89'59'55" E 269.64' ~ z
0 5 `' ~ 134.17' 9596' L3 L2- L1 ~
~ OME ~' _
~- - C -- - ----- -G-~: .~ - --- - ~- - -
i ~
4 47 j ~'- - 100.02 .r '~ ~ 125.52 -* ~ ~
- S
-~ - i
~h^ j 267.01' ~ ^`~
,o~ II 3 1 3 ~~s ~ I (
,~.~ O o M O o ;~ O ~~~ -~ I
.tip ~OO '' ~ °o~ '- ~ ~~, / / I (
ry~O EXISTING z ~ z ~ ~,/
~ BUILDING / - ~ ~
S 89'59'49" W 285.29' ~XISTINC~-
~ ~' 107.26' -~ ~- 100.02' -~ ~- 78.01' ~ BUILDING _ I_
~" ~'_"'~"" EXHIBIT A.
NIDJKifM0~IM1,. RN
X ~~.. ~ PARCEL MERGER 08-
o~gPKF,9~-~
>- m
v
r ORIGINAL
I PORTER•8~ ASSOCIATES, INC.
~on+ceeiuwo a suaver ~w
'', QapFESS/~
c ~ ~n
a``1 RCE 33448 ~ yy, O R DA E
* Exp.6-30-08
J`~9 v \!
~ ~ CA1.~F~ ..
EXHIBIT '~,~'
"THIS MAP IS PROVIDED FOR
ILLUSTRATIVE PURPOSES ONLY"
N 90'00'00" E 281.23'
o '~ 66.53' o >~~'- 139.77' -' ~ 74.93' o ' ..
r- .- r- r-
I J
h e
~
O
~ ° ~
I ~ o ~ ~ 90'00'00" E
.° ^ N o
W L 7 •d' ~' N ti •''! 78.47 - N N
o2^. ~
o
v
5 `~'- ,
- ~
. L1 ~ ~
0 OHE .
_ OHE
,~
-r fi -
-
\ ~_ ^
~ ~~ „~; I I
^o, z z . e
i '~ S 90'00'00" E . 139.77' -'' ~ ~N ~o ~/ --~
` '
O w m
N ~,
~
, / . I i
O !
~ ~ ~=-
~ ~XISTINC'L
.i J BUILDING I_
owr
J
•- 5
.01' -, .- _._.
.~`
.._.
.
~•~ 227.28' `-!
'~
N 89'5.9'49" E ~ -
'~~85.29' ~ telh s111EET ~' - -
.._. ..
.._
...._...
_._..
..
~gAlfk
SET °"~ .°~~°° EXHIBIT A~ '_
"'°""`"""`"' "" r PORTER 8 ASSO`I~T~
~.,.~~.~ PARCEL MERGER 08- ,(~ EN.
1200 ?IN Kwl. MYwMw. CNN-Y p201
000
LEGAL DESCRP110NS (EXISTING PARCELS):
O PARCEL 1 OF PARCEL MAP No. 5139 FILED IN BOOK 23 OF PARCEL MAPS AT PAGE 107
IN THE OFFICE OF THE KERN COUNTY RECORDER
O PARCEL 2 OF PARCEL MAP No. 5139 FILED IN BOOK 23 OF PARCEL MAPS AT PAGE 107
fN THE OFFICE OF THE KERN COUNTY RECORDER
O PARCEL 1 OF LOT LINE ADJUSTMENT No. 241 AS EVIDENCED BY THE CERTIFICATE OF
COMPLIANCE RECORDED IN BOOK 6053 AT PAGE 1838 OF OFFICIAL RECORDS IN THE
OFFICE OF THE KERN COUNTY RECORDER
PARCEL 5 OF PARCEL MAP No. 5139 FILED IN BOOK 23 OF PARCEL MAPS AT PAGE 107
O IN THE OFFICE OF THE KERN COUNTY RECORDER
5 PARCEL 4 OF PARCEL MAP No. 5139 FILED IN BOOK 23 OF PARCEL MAPS AT PAGE 107
O IN THE OFFICE OF THE KERN COUNTY RECORDER
O GRANT DEED RECORDED NOVEMBER 30, 2007 AS DOCUMENT No. 0207236521 OF
OFFICIAL RECORDS IN THE OFFICE OF THE KERN COUNTY RECORDER
NEW PARCEL INFORMATION:
O 19,372 SQUARE FEET GROSS
14,234 SQUARE FEET NET COMMERCIAL
O X2,812 SQUARE FEET GROSS
27,046 SQUARE FEET NET
O 11,584 SQUARE FEET GROSS
8,493 SQUARE FEET NET COMMERCIAL
OD 34,345 SQUARE FEET GROSS
24,970 SQUARE FEET NET
LINE TABLE
LINE BEARING LENGTH
L1 S 89'59'55" W 51.53'
L2 S 22'56'25" W 10.86'
L3 S 89'59'55" W 40.47'
L4 N 00'00' 11 " W 19.85'
L5 N 89'59'55" E 2.62'
L6 N 23'28'51" E 53.32'
L7 S 89'59'07" E 4.00'
L8 N 22'05'52" E 52.00'
L9 N 00'00'53" E 35.01'
L10 N 22'05'52" E 41.25'
L11 N 00'00'53" E 41.25'
. ;,~,,,~.;,, ~ ~ EXHIBIT ~
~QQ °°°~°°° PARCEL MERGER 08-
~gA
0
PORTER 8 ASSOt~~~'~tC.
I . Ewor+~a a suRVSVa+a
EXHIBIT ~°C"
1
2,
3.
4.
5.
SCHEDULE OF PERFORMANCE
Open Escrow Within 10 days of Execution of the
Agreement by both parties
Close Escrow Within 60 days of opening escrow
Prepare and obtain City approval for Within 3 years of Close of Escrow
Site Plan
Obtain financing and start Within 3 '/z years of Close of Escrow
construction of Project
Complete construction of Project Within 5 years of Close of Escrow
s
o~0AKF9.c,
~` m
F' r
U O
ORIGINAL