HomeMy WebLinkAboutORD NO 3065ORDINANCE NO. 3065 NEW SERIES
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE BY CHANGING THE LAND
USE ZONING OF THOSE CERTAIN PROPERTIES IN THE
CITY OF BAKERSFIELD LOCATED AT THE NORTHWEST
CORNER OF HARRIS AND STINE ROADS.
WHEREAS, in accordance with the procedure set forth in
the provisions of Title 17 of the Municipal Code of the City of
Bakersfield, the Planning Commission has held a public hearing on
a petition to change the land use zoning of those certain
properties in the City of Bakersfield located at the northwest
corner of Harris and Stine Roads; and
WHEREAS, the Planning Commission, as a result of said
hearing, did make several general and specific findings of fact
which warranted a negative declaration of environmental impact
and a change of zoning of the subject properties from an A
(Agricultural) Zone to P (Parking) and C-1 (Limited Commercial)
Zones, and the Council has considered
appear to be true and correct; and
WHEREAS, there appears to be
said findings and all
no substantial detrimental
environmental impact which could result from the proposed pro-
ject; and
WHEREAS, the City Council has determined after due con-
sideration of said petition and the recommendations of the
Planning Commission herein on file, together with the reasons
advanced at the hearing for a change of zoning of said
properties, that a zoning change should be authorized; and
WHEREAS, the City Council has determined and found that
the proposed zoning is consistent with the General Plan of the
City of Bakersfield.
NOW, THEREFORE, BE IT ORDAINED by the Council of the
City of Bakersfield as follows:
1. All of the foregoing recitals are hereby found to be
true and correct.
2. An environmental assessment was made of the project,
and a Negative Declaration was adopted by the Planning Commission
after a public hearing thereon, and this Council hereby approves
and adopts the Negative Declaration.
3. Section 17.06.020 (Zoning Map) of the Municipal Code
of the City of Bakersfield be and the same is hereby amended by
changing the land use zoning of certain properties in said City,
the boundaries of which properties are shown on the map hereto
attached and made a part hereof, as follows:
FROM AN A (AGRICULTURE) ZONE TO A P (PARKING),
OR MORE RESTRICTIVE ZONE:
The south 495 feet of the southeast quar-
ter of the southeast quarter of the
northeast quarter of Section 22, Township
30 south, Range 27 east, M.D.B.&M.
EXCEPTING THEREFROM that portion lying
westerly of the easterly line of Tract
3891, Unit A, as shown by map recorded
November 3, 1977 in Book 27, Pages 125,
126, 127 of Maps, in the Office of the
Kern County Recorder.
ALSO EXCEPTING THEREFROM that portion
lying southerly and easterly of the
southerly and easterly line of the
Farmers Canal.
ALSO EXCEPTING, all oil, gas and other
minerals contained within the property,
whether now known to exist of hereafter
discovered; together with all oil, gas
and other mineral rights belonging to or
appertaining to the property; together
with the exclusive right to prospect for,
drill for, gas and other minerals from
the property; together with the exclusive
right to inject and store under the prop-
erty and thereafter withdraw therefrom,
oil, gas and other minerals and products
thereof, whether produced from the prop-
erty or minerals and products thereof,
whether produced from the property or
elsewhere;
PROVIDED, HOWEVER, that unless
owner of said land, shall in the
exercise of absolute discretion give
express written consent otherwise) each
2
and all of the foregoing rights to pros-
pect for, drill for, produce, mine,
extract, inject and store such o~1, gas
and other minerals shall not be conducted
from any surface location on any of the
property or above a depth of 500 feet
below the surface thereof, but shall only
be exercised from locations on adjacent
or neighboring lands; and the Grantor,
its successors and assigns, shall use its
best efforts at all times and in such a
manner in all operations conducted by the
Grantor, or its successors or assigns,
for the exploring for, drilling for, pro-
ducing, storing and withdrawing the
aforesaid oil, gas and other minerals to
prevent the disturbance of the surface of
the property hereinabove described or of
any improvements which may not or hereaf-
ter be located upon the surface thereof;
PROVIDED HOWEVER, that the property and
rights hereinabove in this paragraph
excepted and reserved to the mineral
owner shall not be determined to include
the right to drill for or produce water
except insofar as the production of water
may be incidental to and necessary for
the exercise of said rights hereinabove
in this paragraph excepted and reserved
to the mineral owner, including, but not
limited to, secondary recovery or steam
injection operations, and further, the
mineral owner shall conduct all such
operations in a reasonable manner and
shall use its best efforts not to disturb
or contaminate the underground water sup-
ply which may at the time be in use or
usable under the property and to prevent
the disturbance of the surface of the
property or of any improvement which may
now or hereafter be located upon the sur-
face thereof, as reserved in the
Executors Deed from John Clarence Mattly
and Harold A. Mattly as co-executors of
the will of Ursula Christine Grischott,
deceased, recorded December 31, 1976 in
Book 4999, Page 946 of Official Records.
Also excepting therefrom the westerly 30'
running parallel to the easterly line of
Tract 3891, Unit A.
and
FROM AN A (AGRICULTURE) ZONE TO A C-1
(LIMITED COMMERCIAL), OR MORE RESTRICTIVE
ZONE:
The south 495 feet of the southeast quar-
ter of the southeast quarter of the
northeast quarter of Section 22, Township
30 south, Range 27 east, M.D.B.&M.
EXCEPTING THEREFROM that portion lying
westerly of the easterly line of Tract
3891, Unit A, as shown by map recorded
November 3, 1977 in Book 27, Pages 125,
126, 127 of Maps, in the Office of the
Kern County Recorder.
ALSO EXCEPTING THEREFROM that portion
lying southerly and easterly of the
southerly and easterly line of the
Farmers Canal.
ALSO EXCEPTING, all oil, gas and other
minerals contained within the property,
whether now known to exist of hereafter
discovered; together with all oil, gas
and other mineral rights belonging to or
appertaining to the property; together
with the exclusive right to prospect for,
drill for, gas and other minerals from
the property; together with the exclusive
right to inject and store under the prop-
erty and thereafter withdraw therefrom,
oil, gas and other minerals and products
thereof, whether produced from the prop-
erty or minerals and products thereof,
whether produced from the property or
elsewhere;
PROVIDED, HOWEVER, that (unless
owner of said land, shall in the
exercise of absolute discretion give
express written consent otherwise) each
and all of the foregoing rights to pros-
pect for, drill for, produce, mine,
extract, inject and store such oil, gas
and other minerals shall not be conducted
from any surface location on any of the
property or above a depth of 500 feet
below the surface thereof, but shall only
be exercised from locations on adjacent
or neighboring lands; and the Grantor,
its successors and assigns, shall use its
best efforts at all times and in such a
manner in all operations conducted by the
Grantor, or its successors or assigns,
for the exploring for, drilling for, pro-
ducing, storing and withdrawing the
aforesaid oil, gas and other minerals to
prevent the disturbance of the surface of
the property hereinabove described or of
any improvements which may not or hereaf-
ter be located upon the surface thereof;
PROVIDED HOWEVER, that the property and
rights hereinabove in this paragraph
excepted and reserved to the mineral
owner shall not be determined to include
the right to drill for or produce water
except insofar as the production of water
may be incidental to and necessary for
the exercise of said rights hereinabove
in this paragraph excepted and reserved
NOT
A
ZC 4471 A to C-I ,5~ P
DEAN A. GAY
NWC HARRIS ~ S?/~IE
Xffl at t! of osting ( r man es
STATE OF CALIFORNIA t ss.
County of Kern
CAROL, WILLIAMS, Being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and
that on AugusL 8 , 19 86 , she posted on the Bulletin Board
at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City
at a meeting thereof duly held on August 6 , 19 86 , which ordinance
was numbered 3065 New Series, and entitled:
An Ordinance of the Council of the City of Bakersfield
amending Title Seventeen of the Bakersfield Municipal
Code by changing the Land Use Zoning of those certain
properties in the City of Bakersfield located at the
northwest corner of Harris and Stine Roads.
City Clerk
Subscribed and sworn to before me this
~. day of .......~u~t ........................~9..?...
';;~JiJ"Z;~L..., ,or th.~.~,~ ~.. ~ o,~.,~,o..,~
ROBERTA FAY GAFFORD (