HomeMy WebLinkAboutRES NO RA004-09RESOLUTION NO. I~O ~ ~ ' ~ 9
A RESOLUTION OF THE
REDEVELOPMENT AGENCY OF
BAKERSFIELD APPROVING THE
PROPERTY BY THE BAKERSFIELD
AGENCY FOR $1,000,001.00
COURTYARD, LLC.,
BAKERSFIELD
THE CITY OF
SALE OF REAL
REDEVELOPMENT
TO MILLCREEK
WHEREAS, the Redevelopment Plan for the Southeast Bakersfield
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
J:\Agreement\2009 Resos\33433 resoMillcreek Courtyard LLCrda.DOC
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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 DDA, 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, 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 or water quality; 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 Bakersfield Redevelopment Agency 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 Bakersfield Redevelopment Agency 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 BAKERSFIELD REDEVELOPMENT AGENCY OF THE CITY OF BAKERSFIELD,
AS FOLLOWS:
1. The Bakersfield Redevelopment Agency 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.
J:Wgreement\2009 Resos\33433 resoMillcreek Courtyard LLCrda.DOC
,AGENCY
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2. The Bakersfield Redevelopment Agency hereby finds and determines that
the disposition of the Property pursuant to the DDA 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 Bakersfield Redevelopment Agency hereby finds and determines that
the Project is categorically exempt from the requirements of CEQA
pursuant to Section 15332 of the CEQA guidelines.
4. The Agency Secretary is hereby authorized to prepare and file a Notice of
Exemption with the Clerk for the County of Kern.
5. The Bakersfield Redevelopment Agency hereby concurs in the
authorization of the Agency's chair executing the DDA, 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.
HEREBY CERTIFY that the foregoing Resolution was passed and adopted by
the Bakersfield Redevelopment Agency of the City of Bakersfield at a regular meeting
thereof held on MAR 3 Z 2009 , by the following vote:
,~ ~
AYE AGENCY MEMBER BE TN LEY, KNI~CPP, KOMAN, ORDIZ PICK TTE PRINCE, TAK~
NOES: AGENCY MEMBER h~-Q-
ABSTAIN: AGENCY MEMBER -'1,gY~.,2,
ABSENT: AGENCY MEMBER ~y~ _
SECRETARY of the Bakersfield
Redevelopment Agency
APPROVED: MAR 3 1 2009
I E TLE ,CHAIRPERSON
BAKERSFIELD EDEVELOPMENT AGENCY
APPROVED AS TO FORM:
VIRGINIA GENNARO
GENERAL COUNSEL
S:\Agreement12009 Resos\33433 resoMillcreek Courtyard LLCrda.DOC
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~ h I ~ N 89'59'46"W SCALE: 1 "=60'
o°~ I I TOWNHOME AREA (83,408 SQ. FT) Q~~
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'~ i-----------'---'~ ~ ~ AFFORDABLE HOUSING AREA (66,713 SQ. FT.) I
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PA JOB No. 66-2276
EET PATE ,ti„2666 EXISTING/PROPOSED SITE MAP
PpOJELT ENGWEEP: NV r
SOUTH MILL CREEK PORTER & ASSOCIATES INC. _~
DRAR6MEN~ IW
ENGINEERING 8 SURVEYING
128821n 8keal, Baken8k10, CaEIDrtYa 97701 ~ I
OF 1 SHEETS ~~TECV1EW 6T. SOUTHWEST CONSULTING, INC. 661.727.8382 FA%661.727.1W6 ~ ~ Ir ~~(~~
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LEGAL DESCRIPTION
FOR
THE PROPOSED AFFORDABLE HOUSING PORTION
OF
PROPOSED SOUTH MILL CREEK PROJECT
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.
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LS. 7214
* Exp. 03-31-10
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