HomeMy WebLinkAboutRES NO 166-08RESOLUTION NO. 1 6 E1- ~ g
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF BAKERSFIELD APPROVING THE SALE OF REAL
PROPERTY BY THE BAKERSFIELD REDEVELOPMENT
AGENCY FOR $660,000.00 TO CHELSEA INVESTMENT
CORPORATION AND THE AGREEMENT WITH THE
AGENCY FOR USE OF HOME FUNDS
WHEREAS, the Redevelopment Plan for the Southeast 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 3.80
acres within the Southeast Bakersfield Redevelopment Project Area, and located in the
City of Bakersfield between "Q" Street and "S" Street, and California Avenue and the
Burlington Northern & Santa Fe railroad tracks, comprised of assessor parcel nos. 006-
360-08, 006-360-11, 006-360-20, 006-360-21, 006-352-02, 006-352,-03, 006-352-07,
and 006-352-08 ("the Property") and is more particularly described in Exhibit "A" ("Legal
Description"), which is attached hereto and incorporated herein by reference; and
WHEREAS, CHELSEA INVESTMENT CORPORATION ("the Buyer"), desires to
acquire the Property to develop a 70-unit multi-family affordable apartment complex 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 ("DDA") in good faith in order to implement the provisions of
the Redevelopment Plan by providing for affordable housing in a mixed use project; and
WHEREAS, the purchase price negotiated for the Property as part of the DDA is
the amount of Six Hundred Sixty Thousand Dollars ($660,000.00), which price was
determined upon an appraisal conducted by Dallis Higdon & Associates, and fair reuse
analysis conducted by Keyser Marsten Associates, Inc.; and
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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 the 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 September 3, 2008 and September 10, 2008; and
WHEREAS, the project has a finding of no significant impact (FONSI) under the
National Environmental Policy Act (NEPA), and qualifies under 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; 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
WHEREAS, the City Council has certain HOME Investment Partnership ("Home")
funds available for eligible project; and
WHEREAS, the proposed DDA contemplates assistance to the Developer from
the Agency including up to One Million Dollars provided through an agreement with City
for use of its HOME program funds; and
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September 3, 2008
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NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY
THE BAKERSFIELD REDEVELOPMENT AGENCY OF THE CITY OF BAKERSFIELD,
AS FOLLOWS:
1. The City Council finds and determines that, all of the above recitals are
true and correct findings and 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 Southeast
Bakersfield Redevelopment Project Area and will also help to create new
employment opportunities, and (ii) is consistent with the implementation
plan for the Southeast 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.
4. The City Council hereby approves the Agreement for Use of Home
Investment Partnership Funds ("Home Agreement") with the Agency for
up to One Million dollars for the DDA Project.
5. The Mayor is authorized to execute the Agreement For Use of Home
Investment Partnership Funds with the Agency and the City Manager or
his designee is hereby authorized to take all actions necessary to
effectuate the Home Agreement.
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September 3, 2008
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C?R!GINAI_
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
S1EP ~ 7 2008 , by the ~fo~llowing~/vote:
AYES COUNCIL MEMBER HAIV50N, BENHAM, CARSON,-@9~J6}f, SHR NER, SULLIVAN, W R
S: COUNCIL MEMBER
ABSTAIN: COUNCIL MEMBER /~.t~-y~
ABSENT: COUNCIL MEMBER s
Rssf CITY CLERK and Ex Offici Jerk of the
Council of the City of Bak r field
APPROVED: SEP 1 7 2008
APPROVED AS TO FORM:
VIRGINIA GENNARO
By:
HUA H. RUDNICtr
aty City Attorney II
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EXHIBIT "A"
LEGAL DESCRIPTION
TAE LANQ REfERREQ TC HEREIN BElCi1N I5 SITUA.TED IN THE CITY C)f 8/~K_1t5FIELL7, Ci.1J~JTY i_if KERtr,
S I k I 1 ~,I (..al ll (~rthtlR, A.NIJ IS [?I $(;f(Ilit E7 A5 t(7 I C5a'+'S:
Pdr;:el : ftiNtv'S trOG j60 11, L0, 21, Ct14r 3.~1 U/ nrd:a rty
Tnose portions of the fallavriny d25crihed lands:
(a) Lats 1, 2, 3, 4, S and 6 cf Block 345 and Lots 1 and 8 of B~tk 345, i*r thca City of Bakcrsfie~d, County of
Kern, State of Calrternia, as per reap recorded Aprrl 19, 19sl4 in the ~`#f~e a} the C:aunty Recorder of siiid
(:otrnty.
(h) The hearth half of the a"ley acjoir,irty the tollo~,wing d?scribed ;pascals of Sand, Lots 1, Z, 3 and d in said
H~;ck 34'.~, guts fJ17 2 u' Block 346;
(r) TI.h 54i;rtli li:nlf rf tlx• alJr-y~ adlc,rni+ig tlx: fnlluwrrrg ri~~sr-rikx~d I>,~rcr~k of land, a n45 5 aixi b irr said Flkxk
345, Lats 8 ir, said Block 346, hal; of alley ad~srininy t~,e fo9lowiny descrided parcels cif land, Lots 1, 2, 3 and 4
it ~rrrl lilrr k 345, I uis Nll ? ;Yf liluck 34t,;
(d) Thca portion o` ?R? Street ly~r,g *,etv:t~+en sarG f3locks 3~t5 and 345;
(e) Tt^at portion of the Korth hale of i9th Street atjoinir>y said Btti~ck 346;
(f) 11}al p~rtran of the Sntrlh hall pf 1!,tti Stret't lyrnq adjacent tea SaKt land 4n the North as vacated by
the City of Bake{sfield it Resciutia, No. 8Cr-71 ap;~ oved tvovember 22, 1971, des: gibed as #olla~,ws:
Coriunr:nrrng at a (xr=nl s3f n~trrsr:rtirm rif tip cr-.nlerru,es a~# Q Strr~t and iSth Street as shown nn Saxi map,
said point lying 3=16.55 feet s~rtherty an a bearing of South l;~] degrees 51' 1(;' YJest from the intersection of
the cr"rrlcr=inr5 of C? Street a~rcl 1Gth Street;
Thence South t39 deyrees CH 36 East or, ar,d slang the centerline at said 15th Street, a dista~ice of 238,40
feel., to a iiornt or? the fastcrly r+gl,l of wiry tine o! tl~ Kern 151int} Can~31, 5~~~d paint b{'~nq the true tiornt ~f
heyln'1il'q;
The:ncr~ (t) SDrrl h $9 d!agrei~s Or3'3b" Fast on and ,3larig I hF rrrtc~rfinc~ of Sand 1 Sth S1rr~H, a distance of 413.47
feet;
Thence {2) South 130 deg~acas 5C'32` YJest, on and along the WraStc'.rly right of u.~ay I ne of S Street, a drstanre
at 113.31 tee;, to a paint n tt,e centerline of the alley ir} said BIotK 345;
Thence {3) North 89 degrees 1G'S2" West, or and along said alley centerline a distance of l32.C~4 feet;
T„rru~5 {4i Sn„th (3(1 dfgre:e;c 5l'74" VJl~f, nn a~tr1 along thc~ we'?~terty I.iu of I c,t 7, r-,f mitt Filr;rk .i45, a~,d rh.+
prolongatior° of said 4ot line, a d~tance of 36.64 feet,
Tt,enre {5) South 89 degrres 09'36" 4ti'cst, a distance of 124.87 feet;
I hence t,C>} Sout'i 81 degrees 53'32" ti'Jest, {h distance of t 53.31 feet, to a point an the easterly Irne of the Kern
Island C:arzal;
Theme ~7) North Of7 dtagrnr~s 74'.33" West, nrr arxt aka,g said r-:atterly line a drstancr of 753.9.} feet, to prnnt of
beginr,ir~c.
Excepting therrfrom all oil, gas, atfier hydrocarbon substances and nUr><erals previously reserved rr deeds of
retard,
Parcel 1: APtr (]06-35Z-03
tat 7 in 81rxk 345, u, ll,e C:.4y of 13akersfietd, Cnuhty of Kern, State n# C.alifgrn,a, as prig Map rerordc~d n~ f3rmk
1, pages 13 arbt3 14 of Maps, in thz office a( the County Recorder of Kern County. Together with tltie Scwtherly
hall ~! the ~ll~y+ ~,butbnsl ssrid land ~s vdcatEtl toy Rc>sulutiun Nu. 1159 reCarUc~l OCtt~tk'r 1, 1911 in l~~uk 37~,
page 719 of C:~frtial Records.
l'arCel 3: ~.I'tw OG6-3'~7-07
l nt A ist Rlnrk 345, ¢n the c.aty of Fiaker5firkl, ;r~„rtty of Kern, State ca# ("~lifnrn~a, as liar Map rerc~rded in Fitx>k
1, pages 13 arG 14 of Maps, in the office of the County Recorder a' Kern County, Together with tf ~e Southerry
h,,lf c>f lire ~,Itty irbulUn<,I said kind as v~ar_atr_el bV Rt~suluti~m Nu. 7759 rewrttrxl t)ctulx r 1, 1959 in ftrwk 370f~,
page 719 of CXfrcial Records.
Panel 4: fi.l'ty 00G 3tiC1 U8
1 rte Kerr IS~urd ldr,al lying wdhir~ Block 346 and vritlki,i the North h~rlf of 14th Street, ir, the City cif 8dkerstiekJ,
('_cran,ty of Kent, St3tr~ rf CaGinrni,~, as per Ma,. rr rrrrdCd m firink t, ttagr~s 13 and 14 of Maps, rn the: nf'ire~ of
the Cc:rnty Recorder o` Kern County,
APN: 006.350-1i, 20, 21, 0>76-352-07, 08, 02 and 03, 1'x:16-3b:r08
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