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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 (