The URL can be used to link to this page

Home My WebLink AboutRES NO RA007-08RESOLUTION NO. ~O ~ 7 -- .d $ A RESOLUTION OF THE REDEVELOPMENT AGENCY OF BAKERSFIELD APPROVING THE PROPERTY BY THE BAKERSFIELD AGENCY FOR $140,700 TO SOUTHW INC. BAKERSFIELD THE CITY OF SALE OF REAL REDEVELOPMENT EST CONSULTING, WHEREAS, the Redevelopment Plan for the Old Town Kern-Pioneer 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 carry out the Redevelopment Plan and 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 an approximately 10,050 square foot parcel within the Old Town Kern-Pioneer Redevelopment Project Area, located at 508 18th Street ("the Property") and is more particularly described in Exhibit "A" ("Legal Description"), which is attached hereto and incorporated herein by reference; and WHEREAS, SOUTHWEST CONSULTING, INC., ("the Buyer") desires to acquire the Property to develop 38,666 square foot commercial building 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 desires to enter into a Disposition and Development Agreement for the conveyance of the Property (the "Agreement") with the Buyer and a builder in order to implement the provisions of the Redevelopment Plan by providing a mixed use project; and WHEREAS, the Agency and the Buyer have negotiated the Agreement in good faith in order to implement the provisions of the Redevelopment Plan, by providing for the development of a commercial building in a mixed use project; and AGENCY ORIGINAL WHEREAS, the purchase price negotiated for the Property as part of the DDA is the amount of One Hundred Forty Thousand Seven Hundred Dollars ($140,700.00), which price was determined upon a fair reuse analysis conducted by GRC Associates, Inc.; and 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, 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, on August 20, 2008, 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, 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 WHEREAS, pursuant to Health & Safety Code Sections 33430, and 33431, the Agency may dispose of real property without public bidding, provided a public hearing is held; and 2 AGENCY ORIGINAL WHEREAS, notices of the public hearing before the Agency were duly published on August 8 and August 15, 2008, and NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE BAKERSFIELD REDEVELOPMENT AGENCY OF THE CITY OF BAKERSFIELD, AS FOLLOWS: 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 Old Town Kern-Pioneer Redevelopment Project Area and will also help to create new employment opportunities, and (ii) is consistent with the implementation plan for the Old Town Kern-Pioneer 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. --000-- AGENCY ORIGINAL 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 AUQ ~ $ ~M„ by the following vote: o~-~ AYE AGENCY MEMBER BENTLEY, KOMAN, MIF+Fi9E, ORDIZ, PI914E~ PRINCE ~ltiE~N- NOES: , , AGENCY MEMBER ~~ ABSTAIN: AGENCY MEMBER ABSENT: AGENCY MEMBER~IC{Cf-tk~~ 6~ nP~Ta1L•i SECRETARY of the Bakersfield Redevelopment Agency APPROVED: R RICK PRINC ,CHAIRPERSON BAKERSFIELD REDEVELOPMENT AGENCY APPROVED AS TO FORM: VIRGINIA GENNARO GENERAL COUNSEL By: JOSH H. RUDNICK Deputy City Attorney II 4 AGENCY ORIGINAL EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF KERN, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: A PORTION OF BLOCK 255 AND ABANDONED "S" STREET, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, AS SAID BLOCK 255 IS SHOWN ON THE CERTAIN LAND MAP DATED MARCH 10, 1904, EN1TILED "SALES MAP OF THE KERN COUNTY LAND COMPANY SHOWING SUBDIVISIONS OF ITS ADDITIONS, CITY OF BAKERSFIELD, KERN COUNTY, CALIFORNIA" WHICH SAID MAP WAS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SALD KERN COUNTY ON APRIL 19, 1904, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 5; THENCE WESTERLY ALONG THE SOUTHERLY LINE OF BLOCK 255 AND THE EXTENSION THEREOF, 107.25 FEET TO A POINT IN THE CENTER LINE OF ABANDONED "S "STREET; THENCE WITH A DEFLECTION ANGLE OF 116° 28.5' TO THE RIGHT, NORTHEASTERLY 129.03 FEET TO THE NORTHERLY LINE OF LOT 5; THENCE EASTERLY ALONG THE NORTHERLY LINE OF LOT 5, 49.73 FEET TO THE NORTHEAST CORNER OF LOT 5, THENCE SOUTHERLY ALONG THE EASTERLY LINE OF LOT 5, 115.20 FEET TO THE POINT OF BEGINNING. TOGETHER WITH THE SOUTH HALF OF THAT PORTION OF THE VACATED ALLEY ADJACENT TO SAID LAND ON THE NORTH, WHICH WOULD PASS BY A CONVEYANCE OF SAID LAND UNDER SECTION 1112 OF THE CIVIL CODE. EXCEPT, HOWEVER, ALL OF THE MINERALS, INCLUDING OIL, GAS, ASPHALTUM AND OTHER HYDROCARBONS IN AND UNDER SAID PREMISES, AS RESERVED IN THE DEED FROM KERN COUNTY LAND COMPANY, A CORPORATION, RECORDED AUGUST 27, 1945 IN BOOK 1198 PAGE 308 OF OFFIICAL RECORDS, WHICH DEED IN PART, RECITES AS FOLLOWS: "THE SAID FIRST PARTY, ITS SUCCESSORS AND ASSIGNS, SHALL NOT CONDUCT DRILLING OR OTHER OPERATIONS UPON THE SURFACE OF SAID LAND WITHOUT FIRST HAVING SECURED THE WRITTEN CONSENT OF SAID SECOND PARTY, THEIR HEIRS AND ASSIGNS; BUT NOTHING HEREIN CONTAINED SHALL BE DEEMED TO PREVENT THE SAID FIRST PARTY, ITS SUCCESSORS AND ASSIGNS, FROM EXTRACTING OR CAPTURING SAID MINERALS BY DRILLING ON ADJACENT OR NEIGHBORING LANDS AND/OR FROM CONDUCTING SUB-SURFACE DRILLING OPERATIONS UNDER THE SAID LANDS AT SUCH DEPTHS AS NOT TO DISTURB THE SURFACE THEREOF OR ANY IMPROVEMENTS THEREON." APN: 006-092-05 5 AGENCY ORIGINAL