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Home My WebLink AboutRES NO RA007-10 RESOLUTION NO. PA 0 0 7" 10 A RESOLUTION OF THE BAKERSFIELD REDEVELOPMENT AGENCY OF THE CITY OF BAKERSFIELD APPROVING THE SALE OF REAL PROPERTY BY THE BAKERSFIELD REDEVELOPMENT AGENCY FOR $41,500.00 TO HABITAT FOR HUMANITY, GOLDEN EMPIRE 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 226 E. 6th Street ("the Property") and is more particularly described in Exhibit "A" ("Legal Description"), which is attached hereto and incorporated herein by reference; and WHEREAS, HABITAT FOR HUMANITY, GOLDEN EMPIRE, ("the Buyer") desires to acquire the Property to develop an affordable single family residence to sell to a very low-income family, and has agreed to purchase the Property for FORTY ONE THOUSAND FIVE HUNDRED DOLLARS ($41,500.00). 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 RIGINAL 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 July 12, 2010, 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 Two Thousand Dollars ($2,000.00), 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. [AGIENCY 2 GINAL 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. 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 JUL 1 2 2010 , by the following vote: ~ Z 4a ) AGENCY MEMBER BENTLEY , KOMAN, Opt pp. ORbIZ, PRINCE, NOES: AGENCY MEMBER ncna-, ABSTAIN: AGENCY MEMBER Aprk ABSENT: AGENCY MEMBER SECRETARY of the Bake Id Redevelopment Agency APPROVED: JUL 1 2 2010 J,#I-11111-1115 BENTL , CHAIRPERSON AKERSFIELD REDEVELOPMENT AGENCY APPROVED AS TO FORM: VIRGINIA GENNARO GENERAL COUNSEL Y3 AGENCY 3 ORIGINAL EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE UNINCORPORATED AREA OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 67 AND 70 IN BLOCK "C" OF UNION AVENUE TRACT, IN TFIE UNINCORPORATED AREA, COUNTY OF KERN, STATE OF CALIFORNIA, AS PER MAP RECORDED NOVEMBER 15, 1910 IN BOOK 2 PAGE 11 OF MAPS, IN TFIE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. TOGETHER WITH THE NORTH 27.75 FEET OF ROAD NO. 96 (SIXTH STREET) ADJOINING THE PROPERTY HEREIN DESCRIBED, VACATED BY THE ADOPTION OF A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF KERN, ON JULY 7, 1932. EXCEPTING THEREFROM ALL OIL, GAS, HYDROCARBON SUBSTANCES AND MINERALS OF EVERY KIND AND CHARACTER LYING ORE THAN 500 FEET BELOW THE SURFACE, TOGETHER WITH THE RIGHT TO DRILL INTO, THROUGH, AND TO USE AND OCCUPY ALL PARTS OF THE PROPERTY LYING MORE THAN 500 FEET BELOW THE SURFACE THEREOF FOR ANY AND ALL PURPOSES INCIDENTAL TO THE EXPLORATION FOR THE PRODUCTION OF OIL, GAS, HYDROCARBON SUBSTANCES OR MINERALS FROM THE PROPERTY BUT, WITHOUT, HOWEVER, ANY RIGHT TO USE EITHER THE SURFACE OF THE PROPERTY OF ANY PORTION THEREOF WITHIN 500 FEET OF THE SURFACE OF ANY PURPOSE OR PURPOSES WHATSOEVER, AS RESERVED IN DEED RECORDED AUGUST 2, 2007 AS INSTRUMENT NUMBER 0207160927 OF OFFICIAL RECORDS. APN: 139-221-10-00 [AGENCY 4 INAL i' --j