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HomeMy WebLinkAboutRES NO 138-08RESOLUTION NO. 1 3 8 - X-Ref.,~,~,,~~ 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 o~ ~ A KF'9J' a ~ ~_ m r U p ORIGINAL 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. s o~~AK~9.~ 2 '' m ~' r V O ORIGINAL 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 3 COUNCIL MEMBER HANSON, BENHAM, CARSON, 96F16Ff, SHRIVNER, SULCIVAN, WEIR COUNCIL MEMBER A.U~.~ COUNCIL MEMBER h,BYI.P,~ COUNCIL MEMBER (~.(>t o``gAKF9~ ~_ m r U p ORIGINAL 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 4 o~gAKF9~ i- m r v o ORIGINAL 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." ~gAKF9 o s.~ ~- m F- r U ~ ORIGINAL 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 2 ~gAKF9 o sT '' m ~' r v o ORIGINAL 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 3 ~gAKF9~ o -~ > m F-- r V ~ ORIGINAL 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. gAKF9 4 0~ ~-~ ~- m F- r V ~ ORIGINAL 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, 5 ~~AKF9 o J'.~ ~- m ~ r v o ORIGINAL 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. 6 o``gAKF9~ T ~' m ~ r U p ORIGINAL 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 o`` ~ A KF9~ 7 ~, F-- m U ~ ORIGINAL 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. ~gAKF9 8 0 ~.~, ~' m ~ r v o ORIGINAL 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 ~PKF9 ~ s ~42KF m o`~ ~= 9J'.~ v 'r ORIC-~VAL JORIGINAL~ 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