The URL can be used to link to this page

Home My WebLink AboutRES NO 031-09RESOLUTION NO. ~ 3 ~ ~ 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD APPROVING THE SALE OF REAL PROPERTY BY THE BAKERSFIELD REDEVELOPMENT AGENCY FOR $1,000,001.00 TO MILLCREEK COURTYARD, LLC., 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 1.53 acres within the Southeast Bakersfield Redevelopment Project Area, and located in the City of Bakersfield at 1303 "S" Street bounded by "S" Street, and 14th Street ,comprised of portions of assessor parcel nos. 006-491-03, 006-491-05, 006-491-07 ("the Property") and is more particularly described in Exhibit "A" ("Legal Description"), which is attached hereto and incorporated herein by reference; and WHEREAS, Millcreek Courtyard, LLC. ("the Buyer"), desires to acquire the Property to develop a 57 units of affordable apartments 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 One Million One Dollars ($1,000,001.00), which price was determined upon the original price, comparable sales in the area, and fair reuse analysis conducted by GRC Associates, Inc.; and WHEREAS, the Agency will convey the site to the Developer for $1 and take back a note for the amount of One Million Dollars ($1,000,000.00) The take-back note will be forgiven when the project is completed and the units have achieved rent up and stabilization; and 1 J:Wgreement\2009 Resos\33433 reso MiIlCreek Courtyard LLC cc.DOC 040 A KF9ci-~ m F- r v o ORIGINAL 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 February 24, 2009 and March 3, 2009; 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 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, 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 2 J:\Agreement\2009 Resos\33433 reso MiIlCreek Courtyard LLC cc.DOC o~gAKF ~ s ~ rn ~- r. c3 O ORIGINAL 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. o40AKF,9~ 3 ~ ~ J:\Agreement\2009 Resos\33433 reso MiIlCreek Courtyard LLC cc.DOC v Q ORIGINAL 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 Q ~ , by the following vote: cook- / ,/ ~~~~~ COUNCIL MEMBER HANSON, B~EP}Hfl{MF~AR50N, COUCH, Sl9R NER, SULLIVAN, WAR COUNCIL MEMBER ABSTAIN: COUNCIL MEMBER ABSENT: COUNCIL MEMBER Q~n~ CITY CLERK and Ex Officio Cle f the Council of the City of Bakersfield APPROVED: By: APPROVED AS TO FORM: VIRGINIA GENNARO By: ~ ~~ J HUA H. RUDNICK eputy City Attorney II 4 J:Wgreement\2009 Resos\33433 reso MiIlCreek Courtyard LLC cc.DOC s o``~AKF ~ ~ rn ~ r U O ORIGINAL. EXHIBIT "A" LEGAL DESCRIPTION _____----------- --------------- ,00'9tiE MI190,60.1ON -~ --r----o-s--------------~- I I I m i 0 qA~ ~! z I S00'00'15"W 173.22' ~ m ~ I co m o I 5~0, o ~ APN '~I N ~ o ~o B J m g m om i 0 °o 006-480-05 ~, ~~ i w i ~m N ^ a F ~ O _- -_ ___ -- _ - - -- _ ~ -- T I Z mN ~ N ~ N00'00'15"E 173,22' I In ~ ~N o ~ N to I ow I w "~ m ----- ~ I - N - - -~j - - ~ ; ------ (A X m ~ ~~~ - ~ I ~ ,~ N00'00'15"E _ I I z ~~ ~ = Z ----------- ~------ ~' 60, 76 - - -- -- - -- - --- - -- --- - , I - - -- - -- -- -- -- - , ~ wi I m -~ ~ ~ m N00'00'02"E o NIA ~ rn 23,55' ~ ~ 'I J ~ o rn ~, / ~ I ~ ~ ~ ~ th,, ~ ~ D a. I GJ D ~ ~ Z II ~ ~~ ~ " ~ ~n ~ ~_ ~ p I I~ I I I I U .p ,~ N Z I I I ~ - -- --- -- -- - I cn r cn I gym. m I I I c D ~ oo/ I I'1 I - i' I ~~~ m D I~ ~ ~ ~ ~~ ~ ~! Z ~ m -~ I A o r~ z =mm ~ D Z ~ ~ ~ ~ ^ ~ M I ^^ Z W V~ `/ ~ w m ~ {~ ~ 0 m ~ m G D N 0 mm V' I "i ~ 0 v ~ N A w ~A smm Z~ ~ p ~ ` ~'0z(Q ~ 0 N r~N ma " ~ n -------~' r------• ~ I N 0 0 '00'00" E ~ I 3 8 3. 62 ' I I 0 Q I i ~ 0 ~ I I I I i i 0 ~ 1 II I I ~ I D rn V Z I J Z I ~ Z I ~ J I i I I I I I' l I I II ~ N I I I I I I I I I I I ~ ~ I I I I I 1 I I I 1 ., -- I I .~ , I '°~ ;r- ~ I I L_-__-_---_- ~ _ I 0 I O 1 ui m cD ~ ; D li N Z Rl I 0 Iw i J f_-__-"---_ m ~0 O I m J I ~' D NZ I I I I IN ----------- uo A ~ r~ •. ~mD w ~~ I ,al'coti 3„ao,oo.oos '~ ~~ = m ~ ~-z-3yF.= ..: ~ i o~N ~ N It N z m k~ ~ -04------------------------- --- 5 J:Wgreement\2009 Resos\33433 reso MiIlCreek Courtyard LLC cc.DOC O~~ A K~9J'-c~ > rn F- r V ~ ORIGINAL LEGAL DESCRIPTION FOR THE PROPOSED AFFORDABLE HOUSING PORTION OF PROPOSED SOUTH MILL CREEK PRO]ECT IN THE CITY OF BAKERSFIELD ALL THOSE PORTIONS OF THE SOUTHEAST QUARTER OF SECTION 30, TOWNSHIP 29 SOUTH, RANGE 28 EAST, MOUNT DIABLO MERIDIAN, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF 14T" STREET AND "S" STREET; THENCE NORTH 89°59'44" WEST ALONG THE CENTERLINE OF SAID 14T" STREET, A DISTANCE OF 41.25 FEET TO THE NORTHERLY PROLONGATION OF THE WEST RIGHT-OF-WAY LINE OF SAID "S" STREET AND THE POINT OF BEGINNING; THENCE (1) SOUTH 00°00'02" EAST, ALONG SAID NORTHERLY PROLONGATION AND SAID WEST RIGHT-OF- WAY, ADISTANCE OF 407.18 FEET; THENCE (2) NORTH 89°59'46" WEST, A DISTANCE OF 224.14 FEET; THENCE (3) NORTH 00°00'02" EAST, A DISTANCE OF 23.55 FEET; THENCE (4) NORTH 90°00'00" EAST, A DISTANCE OF 64.00 FEET; THENCE (5) NORTH 00°00'00" EAST, TO A POINT ON THE CENTERLINE OF SAID 14T" STREET, A DISTANCE OF 383.62 FEET; THENCE (6) SOUTH 89°59'44" EAST, ALONG THE CENTERLINE OF SAID 14T" STREET, A DISTANCE OF 160.14 FEET TO THE POINT OF BEGINNING. CONTAINS 66,713 SQUARE FEET (1.53 ACRES) MORE OR LESS. ~~5~0 IAND sG~G~ ~V ROLLAND J. ~ ~ VAN DE VALK ~~ L.S. 7214 * Exp. 03-31-10 ~~qTF ~ CAI~F~ 6 J:\Agreement\2009 Resos\33433 reso MiIlCreek Courtyard LLC cc.DOC o``gAKF9~ '' m ~ r ~ o ORIGINAL