HomeMy WebLinkAboutRES NO RA003-09RESOLUTION NO. ~ ~ ~ ~ ` ~ 9
A RESOLUTION OF THE BAKERSFIELD
REDEVELOPMENT AGENCY APPROVING THE SALE OF
REAL PROPERTY BY THE BAKERSFIELD
REDEVELOPMENT AGENCY FOR $1,000,001.00 TO
CREEKVIEW VILLAS, LLC., AND THE AGREEMENT
WITH THE AGENCY FOR USE OF CaIHFA 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 1.91
acres within the Southeast Bakersfield Redevelopment Project Area, and located in the
Cit~r of Bakersfield between "R" Street and "S" Street, and California Avenue and the
14 "Street, comprised of portions of assessor parcel nos. 006-480-08, 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, CREEKVIEW VILLAS, LLC. ("the Buyer"), desires to acquire the
Property to develop a 36-unit multi-family affordable townhome 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 One Million Dollars ($1,000,001.00), which price was determined upon
the original price, comparable sales in the area, and fair reuse analysis conducted by
Keyser Marsten Associates, Inc.; and
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WHEREAS, pursuant to Sections 33430, 33431 and 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, on January 28, 2009, the City Council of the City of Bakersfield held
a duly noticed public hearing on the proposed conveyance of the Property in
accordance with the requirements of the Health and Safety Code Section 33433, at
which time the City Council reviewed and evaluated all the information, testimony, and
evidence presented during the public hearing and approved the proposed entry into the
DDA by the Agency, including the disposition of the Property; 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 Bakersfield Redevelopment
Agency were duly published on January 19, 2009 and January 26, 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 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
WHEREAS, the proposed DDA contemplates construction assistance to the
Developer from the Agency including up to Two Million Dollars provided through an
agreement with City for use of its CaIHFA funds; and
WHEREAS, CaIHFA froze the Two Million Dollars construction assistance due to
the State of California budget deficit and CREEKVIEW VILLAS, LLC. ("the Buyer"),
desires to construct the first seven (7) units with private equity investor financing; and
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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 above recitals and findings are true and correct, and all required
public notices have been provided.
2. 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.
3. The Bakersfield Redevelopment Agency 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 a commercial
building 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.
5. The Bakersfield Redevelopment Agency hereby approves the proposed
DDA and authorizes the Agency's chair to execute the Agreement, 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.
6. The City Clerk is hereby authorized to prepare and file a Notice of
Determination with the Clerk for the County of Kern.
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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 FEB 0 2 2png ~, by the following vote:
AYES: AGENCY MEMBER BENTLEY, fE9MA1~F KNAPP , ARBI~; PIC ETT, PR NI CE, ~14fF
S: AGENCY MEMBER ,~~-y.~
ABSTAIN: AGENCY MEMBER
ABSENT: AGENCY MEMBER (_~y~„~ t:Zl1.l Li a4Lii.
SECRETARY of the Baker eld
Redevelopment Agency
APPROVED: FEB 0 2 2009
P LIP BENTL ,CHAIRPERSON
BAKERSFIELD REDEVELOPMENT AGENCY
APPROVED AS TO FORM:
VIRGINIA GENNARO
GENERAL COUNSEL
By: ~-..~
JO U H. RUDNICK
De t City Attorney II
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EXHIBIT "A"
LEGAL DESCRIPTION
LEGAL DESCRIPTION
FOR
THE PROPOSED TOWNHOME 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 14'" STREET, A DISTANCE OF 201.39 FEET TO THE POINT OF
BEGINNING;
THENCE (1) SOUTH 00°00'00" WEST, A DISTANCE OF 383.62 FEET;
THENCE (2) NORTH 90°00'00" WEST, A DISTANCE OF 64.00 FEET;
THENCE (3) SOUTH 00°00'02" WEST, A DISTANCE OF 23.55 FEET;
THENCE (4) NORTH 89°59'46" WEST, A DISTANCE OF 39.96 FEET TO THE EAST RIGHT-OF-WAY OF "R"
STREET;
THENCE (5) NORTH 00°00'15" EAST ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 60.76 FEET TO A POINT ON
THE EASTERLY PROLONGATION OF THE CENTERLINE OF 13T" STREET;
THENCE (6) NORTH 90°00'00" WEST ALONG THE CENTERLINE OF SAID 13T" STREET, A DISTANCE OF 135.46
FEET TO THE EAST BOUNDARY LINE OF THE KERN ISLAND CANAL;
THENCE (7) NORTH Ol°09'06" WEST ALONG SAID EAST BOUNDARY LINE, A DISTANCE OF 346.50 FEET TO THE
INTERSECTION OF SAID EAST BOUNDARY LINE AND THE WESTERLY PROLONGATION OF THE
CENTERLINE OF 14T" STREET;
THENCE (8) SOUTH 89°59'44" EAST ALONG SAID WESTERLY PROLONGATION, A DISTANCE OF 27.95 FEET TO
THE NORTHWEST CORNER OF THE LAND OWNED BY CALIFORNIA WATER SERVICE COMPANY AND
IDENTIFIED BY KERN COUNTY ASSESSOR'S PARCEL NUMBER 006-480-05;
THENCE ALONG THE BOUNDARY LINE OF SAID CALIFORNIA WATER SERVICE PARCEL THE FOLLOWING THREE
COURSES;
THENCE (9) SOUTH 00°00'15" WEST, A DISTANCE OF 173.22 FEET;
THENCE (10) SOUTH 89°59'38' EAST, A DISTANCE OF 32.00 FEET TO A POINT ON THE WEST RIGHT-OF-WAY
LINE OF "R" STREET;
THENCE (11) NORTH 00°00'15" EAST, ALONG SAID WEST RIGHT-OF-WAY, A DISTANCE OF 173.22 FEET TO A
POINT ON THE WESTERLY PROLONGATION OF THE CENTERLINE OF SAID 14T" STREET;
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THENCE (12) SOUTH 89°59'44" EAST ALONG SAID WESTERLY PROLONGATION AND THE CENTERLINE OF SAID
14T", A DISTANCE OF 186.43 FEET TO THE POINT OF BEGINNING.
CONTAINS 83,408 SQUARE FEET (1.91 ACRES) MORE OR LESS.
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