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Home My WebLink AboutRES 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 1 M __ S:Wgreement\2009 Resos\33433 reso Creekview Villas rda.DOC ".~~~'~~.~r a R i i 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 2 ~.'~GF_NC;Y ; S:\Agreement\2009 Resos\33433 reso Creekview Villas rda.DOC ~ t7~7~G~'~<~L 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. .r ~._.__..,~ S:Wgreement\2009 Resos\33433 reso Creekview Villas rda.DOC3 ~ +~'G~I'~~:`'l ,~~~~'IGa'~.~'~L 1 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 4 S:\Agreement\2009 Resos\33433 reso Creekview Villas rda.DOC _.~___ t ;~~~rac~r I ~~~?1G1"JAL! I 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; S:Wgreement\2009 Resos\33433 reso Creekview Villas rda.DOC5 ~ ~'~G(r~,!(; Y ~~~?i~3^~AL i CONTINUED ON NEXT PAGE 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. ~~0 LAND SG ~~ ~~ v ROLLAND J. ~~- VAN DE VALK °o L.S. 7214 * Ezp.03-31-10 ,k ~~qTF ~' CA~~E S:Vagreement\2009 Resos\33433 reso Creekview Villas rda.DOC 6 ,'1GE~1CY ~~F3iUINAL