Resolution No. 2363
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RESOLUTION NO. 2363 A RESOLUTION OF CITY COUNCIL OF THE CITY OF SHAFTER SERVING AS THE SUCCESSOR AGENCY TO THE DISSOLVED SHAFTER COMMUNITY DEVELOPMENT AGENCY APPROVING A PURCHASE SALE AGREEMENT SELLING APN 091.180-18 TO THE CITY OF SHAFTER AND APPROVING THE RELATED ASSIGNMENT OF A GROUND LEASE \ryHEREAS, pursuant to Health and Safety Code Section 34173(d), the City of Shafter is the successor agency to the Shafter Community Development Agency ("Successor Agency"); and \ryHEREAS, pursuant to Health and Safety Code Section 34173(9), the Successor Agency is now a separate legal entity from the City; and WHEREAS, Health and Safety Code Section 34191.5(b) requires the Successor Agency to prepare a Long Range Property Management Plan ("Property Management Plan") that addresses the disposition and use of the real properties of the former redevelopment agency; and \ryHEREAS, Health and Safety Code Section 34191.5(b) also requires the Successor Agency to submit the Property Management Plan to the Successor Agency's oversight board and the Department of Finance for approval no later than six months following the issuance to the Successor Agency of the Finding of Completion pursuant to Health and Safety Code Section 34179.7; and \ilHEREAS, the Department of Finance issued the Successor Agency a Finding of Completion on March 21,2013; and WHEREAS, the Successor Agency approved a Property Management Plan that contains all the information required under Health and Safety Code Section 34191.5 on April 16,2013 by way of ResolutionNo.226S; and \ryHEREAS, the Oversight Board of the Successor Agency approved the Property Management Plan on April 23,2013 by way of Resolution No.8; and WHEREAS, the California Department of Finance reviewed the approved Property Management Plan and provided staff with proposed changes to the plan which were incorporated into the revised Property Management Plan; and WHEREAS, the Successor Agency approved a revised Property Management Plan on November 19,2013 by way of Resolution No.2303; and WHEREAS, the Oversight Board of the Successor Agency approved the revised Property Management Plan on Novemb er 2I,2013 by way of Resolution No. 12; and Shafter City Council, as the Successor Agency to the Dissolved Shafter Community Development Agency Resolution 2363 September 2,2014 Page2 WHEREAS, the California Department of Finance approved the revised Property Management Plan on November 22,2013; and \ilHEREAS, the Successor Agency approved a second revision to the Property Management Plan on April I,2014 by way of Resolution No'2325; and WHEREAS, the Oversight Board of the Successor Agency approved the second revision to the Property Management Plan on April 2,2014 by way of Resolution No.22; and WHEREAS, the California Department of Finance approved the second revision to the Property Management Plan on May 6,2014; and \ilHEREAS, the Shafer Community Development Agency entered into a Ground Lease, dated April 7, 2008 ("Ground Lease"), for the lease of APN 091-180-18 to Cemex Construction Materials L.P.; and WHEREAS, the approved Property Management Plan includes the specific sale of APN 091-180-18 at the current appraised value and the Assignment of the Ground Lease to the City of Shafter; and \üHEREAS, APN 091-180-18 was appraised at the amount of $540,000 by Michael Burger & Associates on August 15, 2014, a copy of which is attached as Exhibit A; and WHEREAS, the Successor Agency desires to implement the that portion of the approved revised Property Management Plan pertaining to APN 091-180-18 by selling that pãicel to the City of Shafter for an amount of $540,000 and assigning the Ground Lease to the City. NO\il, THEREFORE, THE CITY COUNCIL OF THE CITY OF SHAFTER' SERVING AS THE SUCCESSOR AGENCY TO THE DISSOLVED SHAFTER COMMUNITY DEVELOPMENT AGENCY, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference. Section 2. Annroval the sale of APN 09 l-180-18 to the Citv of Shafter. The Successor Agency hereby approves sale of APN 091-180-18 to the City of Shafter and the Purchase Sale Agreement regarding this sale in substantially the same the form as attached hereto as Exhibit B Section 3. Approval of the Assignment of Ground Lease to the Cifv of Shafter. The Successor Agency hereby approves the assignment of the Ground Lease to the City of Shafter and the Assignment of Ground Lease document in substantially the same the form as attached hereto as Exhibit C. Shafter City Council, as the Successor Agency to the Dissolved Shafter Community Development Agency Resolution 2363 September 2,2014 Page 3 Section 4. Proceeds from the sale. In accordance with the Property Management Plan, the Successor Agency hereby direct that all proceeds from the sale of APN 091-180-18 be utilized for the payment of enforceable obligations which have been approved on a Recognized Obligation Payment Schedule. Section 5. Execution and transmittal of the purchase sale agreement. The City Manager and Administrative Service Director are hereby authorized and directed to take any action necessary to carry out the purposes of this Resolution and comply with applicable law regarding the Long Range Property Management Plan, the sale of APN 091-180-18, and the assignment of the Ground Lease, pursuant to that plan, including but not limited to submitting the Purchase Sale Agreement and Assignment of Ground Lease document to the Successor Agency's oversight board for approval, and to the State of California Department of Finance. Section 6. Effectiveness. This Resolution shall take effect immediately upon its adoption. PASSED, APPROVED AND ADOPTED this 2nd day of September,2014. ATTEST (^-1*\t¿,,t^,*- Christine Vy'ilson, City Clerk EXHIBIT A TO RESOLUTION NO. 2363 APPRAISAL fAttached behind this cover page] EXHIBIT A Valbridge PROPERTY ADVISORS Appraisal Report Vacant Land 250 Carver St. Shafter, CA 93263 August 15,2014 FOR: City of Shafter 336 Pacific Ave. Shafter, CA 93263 Valbridge ProPertY Advisors I Michael Burger & Associates 4915 Calloway Dr., Ste. 100 Bakersfield, CA 93312 Job No. 661-587-10'10 Phone Valbridge 661-834-0748 fax I'11-14 valbridge.com Valbridge PROPERTY ADVISORS Michael Burger & Associates August L5,2014 City of Shafter 336 Pacific Ave. Shafter, CA 93263 Re: FILE #977-74 Appraisal Reqort: Vocont Land,250 Corver St., Shofter, CA 93263 Attention: Jim Zervis Ladies and Gentlemen: In execution of this appraisal assignment, I inspected the property referred to above on August 15' 20!4, in orderto determine market value of the fee simple estate in the surface rights as of this date. The purpose, intended use and scope of this appraisal, as well as propefty rights appraised are summarized on pages 5 -7 oÍ the enclosed report. Assumptions and Limiting Conditions are stated on pages 3 - 5. period, As a result of my investigation, it is my opinion market value based on a 6 month exposure as of August 15, 2014, is: $540,000 (FIVE HUNDRED FORTY THOUSAND DOLLARS) No environmental site assessment was furníshed. For purposes of this appraisal, it is assumed no hazardous-toxic material contamination has occurred. Therefore, the cost of clean-up, encasement or removal and its effect on value, have not been considered' No consideration has been given in this appraisal as to the value of the property located on the premises considered by the appraiser to be personal property, nor has he given consideration to the cost of moving or relocating such personal property; only the real property has been considered. such Because no title policy was made available to the appraiser, he assumes no responsibility for items of record not disclosed by his customary investigation. 49I5 CALLOWAY DR., STE 101, BAKERSFIELD, CALIFORNIA93312 TEL66'1 587 IOlO F4X661.834.0748 www. bakersfìelda PPraisers. com City of Sahfter Shafter, CA 2 August t5,2OL4 This letter of transmittal is followed by the appraisal report and certification of the appraísal, further describing the subject property and contaíning the reasoning and pertinent data leading to the estimated value. your attention is directed to the "General Underlying Assumptions and Limiting Conditions" which were considered in this assignment. This letter of transmittal must remain attached to the appraisal report, which contains 23 pages plus related exhibits, in order for the value opinion set forth to be considered valid. The value conclusion is the result of an Appraisal Report, to which your attention is directed. As a matter of policy, we request that you bring to our attention any matters of concern, mistakes or erroneous assumptions we have made in this assignment' Sincerely, C, Burger, -AC CA Lic. #AG003817 7-L6 MCB:sn Encl TABLE OF CONTENTS SITE DATA.... L7 ECONOMIC.... 8 Agriculture 9 HIGHEST AND BEST USE..................................................19 As Vacant..... ......'."......'19 Industrial 11 METHOD OF V41UATION ...............................................20 L2 SALES COMPARISON APPROACH ...............................21 coM PARABLE SALES DATA .............. ........................2L cERTIFrCATION...................... ....................23 ADDENDA 1 2 3 PARCEL MAP 11468, PHASE 3........... 4 5 File #911-14 PHOTOGRAPHS I r¡.¡-l¡.."^¡¡ p¡r-.lrrJg!* -'r' .\crj Looking norlh on Carver St Looking south on Carver St. 1 I i ( E -æ':':'::'jj-É' _ ----ú* I I t, I I iÉ-* 1 Looking northeast across subject Look ng east across subject Vacant Land 1_ 250 Carver St. Shafter, CA 93263 FIIE #911-14 SU MMARY OF SALIENT FACTS AND CONCLUSIONS CUENT City of Shafter OWNER OF RECORD Dissolved Shafter Community Development Agency PROJECT Vacant Land PROJECT LOCATION 250 Carver St. Shafter, CA 93263 ASSESSOR'S PARCEL NO. 091-180-18 MAP REFERENCE Thomas Guide, Kern Co.: 2483/45 CENSUS TRACT 40.00 TYPE OF APPRAISAL Appraisal Report DATE OF INSPECTION August 1-5,2014 INTEREST APPRAISED Fee Simple Estate PURPOSE4NTENDED USE Eestimate market value so that the property can be transferred from one public agency to another LAND AREA L80,774 sq.ft.