HomeMy WebLinkAboutRES NO RA001-08
RESOLUTION NO. RA 0 0 1 ~ 0 8
A RESOLUTION OF THE BAKERSFIELD
REDEVELOPMENT AGENCY OF THE CITY OF
BAKERSFIELD APPROVING THE SALE OF REAL
PROPERTY BY THE BAKERSFIELD REDEVELOPMENT
AGENCY FOR $40,000.00 TO HYBRID CONSTRUCTION
FOR A SMALL HOUSING PROJECT.
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 located at 1213 Murdock
Street ("the Property") and is more particularly described in Exhibit "A" ("Legal
Description"), which is attached hereto and incorporated herein by reference; and
WHEREAS, HYBRID CONSTRUCTION, ("the Buyer") desires to acquire the
Property to develop an affordable single family residence to sell to a low-income family,
and has agreed to purchase the Property for FORTY THOUSAND DOLLARS
($40,000.00). The use of the Property is in accordance with the Redevelopment Plan
and the requirements of the City of Bakersfield; and
WHEREAS, the purchase price is based upon fair market prices of vacant land
within the area; and
WHEREAS, the Agency desires to enter into an Agreement for the conveyance
of the Property (the "Agreement") with the Buyer in order to implement the provisions of
the Redevelopment Plan by providing affordable low-income housing; and
WHEREAS, the proposed disposition and development of the Property
constitutes a "small housing project" within the meaning of California Health and Safety
Code Section 33013(b).
AGENCY
ORIGINAL
WHEREAS, pursuant to Section 33431 of the California Health and Safety Code,
the Agency is authorized, after a duly noticed public hearing, to sell or lease the
Property, for development pursuant to the Redevelopment Plan upon a determination
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 7,2008, the Bakersfield Redevelopment Agency 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 33431, at which time the
Bakersfield Redevelopment Agency reviewed and evaluated all the information,
testimony, and evidence presented during the public hearing; and
WHEREAS, the Guidelines for the California Environmental Quality Act, Title 14,
California Code of Regulations, Sections 15000 et. seq. (the "CEQA Guidelines"),
provides that sale of real property and the proposed development of a single family
dwelling unit on the Property is categorically exempt from CEQA under CEQA
Guidelines Sections 15303(a) and 15332; 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 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 Bakersfield Redevelopment
Agency 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 Agency initially acquired the Property for the amount of Ten
Thousand Dollars ($10,000.00), as the result of the sale of various tax defaulted
properties; 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.
2
AGENCY
ORIGINAL
2. 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 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 disposition and development of the Property is categorically exempt from the
requirements of CEQA pursuant to Sections 15303 and 15332 of the CEQA guidelines.
4. The City Clerk 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 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.
~~~
S:
ABSTAIN:
ABSENT:
I 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 JAN 0 7 2008 , by the following vote:
/.,/./ ,/V
AGENCY MEMBER BENTLEY, COHEN, KOMAN, MIGIIOC, ORDIZ, PRINCE, ~
AGENCY MEMBER l\~
AGENCY MEMBER kU)Lo
AGENCY MEMBER .
SECRETARY of the Bakersfi
Redevelopment Agency
APPROVED:
~ c::::::::::
.. EDERICK PRIN , CHAIRPERSON
BAKERSFIELD REDEVELOPMENT AGENCY
APPROVED AS TO FORM:
VIRGINIA GENNARO
GENERAL COUNSEL
By: ~ h':' ~'d(__
3
AGENCY
ORIGINAL
LEGAL DESCRIPTION
EXHIBIT "An
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF BAKERSFIELD, COUNTY OF Kern,
STATE OF CA AND IS DESCRIBED AS FOLLOWS:
LOT 122 OF TRACT NO. 1232, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, AS
PER MAP FILED MAY 11, 1944 IN BOOK 5 PAGE 76 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY.
APN: 018-112-09
AGENCY
ORIGINAL