HomeMy WebLinkAboutRES NO RA012-08RESOLUTION NO.~,~2.. - ~ 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 $660,000.00 TO CHELSEA INVESTMENT
CORPORATION AND THE AGREEMENT WITH THE CITY
FOR USE OF HOME FUNDS
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 3.80
acres within the Southeast Bakersfield Redevelopment Project Area, and located in the
City of Bakersfield between "Q" Street and "S" Street, and California Avenue and the
Burlington Northern & Santa Fe railroad tracks, comprised of assessor parcel nos. 006-
360-08, 006-360-11, 006-360-20, 006-360-21, 006-352-02, 006-352,-03, 006-352-07,
and 006-352-08 ("the Property") and is more particularly described in Exhibit "A" ("Legal
Description"), which is attached hereto and incorporated herein by reference; and
WHEREAS, CHELSEA INVESTMENT CORPORATION, ("the Buyer") desires to
acquire the Property to develop a 70-unit multi-family affordable apartment complex on
the property according to the terms of the Disposition and Development Agreement
("DDA"). 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 Six Hundred Sixty Thousand Dollars
($660,000.00) is based upon an appraisal conducted by Dallis Higdon & Associates,
and fair reuse analysis conducted by Keyser Marsten Associates, Inc.; and
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
S:\Agreement\2008 Resos\33433 reso Chelsea RDA.DOC
September 3, 2008
AGENCY
ORIGINAL
Code Section 33490, and
the fair market value or
covenants and conditions
thereof; and
the consideration for such disposition is not less than either
fair reuse value of the Property in accordance with the
governing the disposition and development costs required
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
WHEREAS, the City Council has certain HOME Investment Partnership ("Home")
funds available for eligible project; and
WHEREAS, the proposed DDA contemplates assistance to the Developer from
the Agency including up to One Million Dollars provided through an agreement with City
for use of its HOME program funds; and
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY
THE BAKERSFIELD REDEVELOPMENT AGENCY OF THE CITY OF BAKERSFIELD,
AS FOLLOWS:
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.
S:Wgreement\2008 Resos\33433 reso Chelsea RDA.DOC
September 3, 2008
2
AGENCY
ORIGINAL
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 the Home
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.
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 SEP 2 3 2008 , by the following vote:
AYE
NOES:
ABSTAIN:
ABSENT:
APPROVED:
DERICK PRINCE, CHAIRPERSON
BAKERSFIELD REDEVELOPMENT AGENCY
APPROVED AS TO FORM:
VIRGINIA GENNARO
GENERAL COUNSEL
r
By: ~,l
3
Sep embee3t2008 Resos\33433 reso Chelsea RDA.DOC AGENCY
ORIGINAL
AGENCY MEMBER BENT E , KOMAN, MISHOE, ORbIZ, PICKETT, PRINC , ~A141~•
AGENCY MEMBER 11,01ti.~
AGENCY MEMBER ri.fiti.~
AGENCY MEMBER Ta(Cnlt
...v u.~~.-..... .~~.--
ssE -SECRETARY of the Baker d
Redevelopment Agency
EXHIBIT "A"
LEGAL DESCRIPTION
T-1E Lf+ND REFERRED "L' HE~<EIPJ HELUt'J I5 SITUh.TE_Q IN °HE t[TY CiF BISKERSFIELG, CUJ'1'Y (~F KERh,
SIAI t of i+.11.1 II (7f{htlA, A.t'lli i5 l;l 5{.:i{llik l) AS F{1 I (i4'i~:
t'dr~el :: l~.F'fv'S t~UG SbC) 11, :t0, 21, GtK, 35Z U1 APd't) pu
Thuse portiar , of the foll;,ariny dzscrit:ed land,;
(4z) Lnts 1, Z, 3, 4, 5 and 6 cf Block 34S ar?C Lnis 1 and 8 of Blctk 346, ih [he Ci`y of Bakcrsfie~d, County of
Kern, State of ~ahfarnia, as per reap recardecl rAprrl 1y, 1cJi14 ih the Jtf~ce o` the ~aur,ty Recorder at said
l;otntty.
(hj Tt•.e Ft:~rth half of the a1ey acjoinirt~ the. `alla•,viny descrit~d ::^a~cels at end, Lnts 1, 2, 3 and ~ in said
Hc;Ck 34'.i, uts fJ~)1 uk Hkxk 34(,;
(ry Tlrr? rxt.,flt I7.iIf Cif rIN°,'~11!'y' r~c'IfFArni+lq tllf' d(,Ik~y.'r[lE~ r1[~Sf,rihe'd Ihnrre~k r]f I~r1d, t t~s 5 arm b rrr said Filcxk
395, Lots 8 irr said B{cck 346, half r=ef alley ad;aininy the folowiny described parcels;=~f land, Lots 1, 2, 3 and 4
i•r srlr;t k31u~k 3<~, I uis NIl ? of 131r.,ck 341;
(d~ TI~•e ix~rtion o` ?R? Strt~et ly5rrg rr~tv:rzen laic Blocks 3~tS and 3•i5;
(e) That portion of the P:orth hal` of 19th fitreet erccjoinirg said Bbeck 346,
(f) 11'dl pr)rtran bf the Sr)rrth h~?It pf f,`~th SIrC'C't (ylric'f i!(1pi1C,(?nt 10 SdKI Id1CI C.}r7 t'1C rdC,>^,h d5 vcnC~)Ced Uy
the C=iry of Ek3kersfield ire RPSDiutian Nn. 9~ -71 ap.~=+aved f~aventbr:r 21, 1971, described as follo•,ti~s:
C-.ctrnm[-~nCmq ,=.t ,~ ;,U=nt r,f n?tersrctiar car tl=r : enlc•~Inl~c of ~,~ Start and .Sth Strr~rs ,~s sho[,n on sarcf mat7,
sav point lyir•y 3~i6.59 feet ~r.itherly an a bearir>y of 5€suth •5+:1 degrees 51' 1L44' l'Jest from the intersect~n of
the conlr•r^ine5 of {? 5trce-~t oral 1Lth Strr~ct;
Thence South Sy degree's C+9 36" East orr and along the centerline at said 15th Street, a distance of 238,4iJ
feet, tU it p<nnt Un: the I asterly *+gltl ref way €rne o! tl•r) Ker*1 Jsi~n{t l:inal, Bald point beatq thU true pCln,t pf
hP~in-nirr,;
T+t[~nm (1) Snnl h 134 d~grcr~s if4'3fi" Fast nn a*td ,?li,rig 1 hr• renk< rlinc+nf sjr(f 1Stlr Strc~r't, ,~ dislanrr~ of 413.47
feet
Thence (Z) South Gt] dcgrec~s 4C'?2' YJest, ort and slang thy. wrsti'.rly right of way I-nrof S Street, a drstance
of 113-3L teet, to a point un tf+e centerline of the alley ir3 said Hlcxx 395;
Tnenr:a {:I) fJartl• 89 degrees 10'52" bVest, or: and along said alley centerline a distance of 132.1:+4 fret;
l it<~n<<~ (4) Sn~rth 11(1 dr.57,mnc 51"74' VJO~t, [~n a~u; ~lorg thf~ wc?~t['~r1y I,ru: n! I ryt 7, c,f 5~~ Alryrk .345, ~~rd that
prolongatior4 of said tat line, a dstance of 36,6.7 feet,
T,tence (5} South 89 dPgr~ees 09'36" bb'e~st, a distance of 124.87 feet;
I Hence (6} South S 1 degrCE~S 53'.37" ti'acst, ~) drstinre of 153.31 foot, to ~) ponlt an the easterly Ilnr_ of the Kent
Islarrr. Canal;
Th['nce (7} Nr,rth t}0 degrrrK 74'.33" S4c~st, nn arAri dtr,ng s,31d east curly line a distanrr of 753.9,,^r fc~c~t, tii paint of
beyl n n ir'y
Excepting therefrarn all ail, gas, othi'.r hydrocartron substances and nur•~erals previously reserved m dersds of
rticarxf,
Parcel Z: AFh {106-35Z-0
lnt 7 i+t Ble,ck 3.15, cn the Cray pf f3c~kersfieYl, CUuslty of tCern, Slate csf ~aHfrrn~, as tx';r Map ro;,orde~l nt flrx)k
1, pages 13 ar~G 14 of• Maps, in the office of the County Recorder o{ Kern County. Together with tt+e 5owrtherly
I:(IIf ()f the CrI'+}-~+' ~lhtltllrltt S[~rCI t[rll~ SrS Yr}CCttF_,CI by Flf`SUII;rtIUrF Na. l7`,~~s recrrr;4c•tl Cktok.xr 1, 1rJ'a3 in t~wk 31GG,
pa:~c 719 of C,~`f~ial Recorrs.
t'arrel 3: ~`.I'fti 606-357-G7
1 nt 8 in Blc,ck 3.15, 3n t ht' ("cty of B,3kertfiektl, C-.nurlty of Krrn, Stacy of Catifnm,[), as Iter M.?p n'rarde~cf n~ [3uak
1, payer 13 ar~d 1r of Maps, in the office a` the County Recorder of Kern County. Together with the So.rtherly
f.~ilf of the alR.y trbuttm~I said kind pis vs,catecl by Resulutir~r^ Nu. 7159 recort7ed Cktutaer I, 1959 !n Hcwk 31~),
page 719 of C1`frcral Rccorrls.
1'drCe1 4: AI'fr CIGG 3ti0 U8
I+re Kerr. 1s~Ind Canarl ly+ny wilhm Hluck 3~#6 and will+in the Nurtlr hdtl ut 14th 5lreet, in the City cst Hake~iekl,
tUe,nty crf KUrn, State r)f Califrrrni,~, as tx:r h1a;r rFtrarded in honk t, 4,ayiK 13 and 14 of Marrs, in they of+ice of
the Cc~[inty Recorder o` Kern County,
Af'M: 006-3b0-11, 20, Z1, fib-352-07, ^8, 02 and 03, fib-36u-08
4 AGENCY
Septembe83t\2008 Resos\33433 reso Chelsea RDA.DOC ORIGINAL