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Home My WebLink AboutRES NO 86-92RESOLUTION NO. 86-92 RESOLUTION DETERMINING THAT CONDITIONS OF APPROVAL HAVE BEEN SATISFIED FOR CANCELLATION OF THE WILLIAMSON ACT CONTRACT FOR THAT SITE LOCATED ALONG THE SOUTHEAST CORNER OF PANAMA LANE AND AKERS ROAD AND CAUSE A CERTIFICATE OF CANCELLATION TO BE RECORDED. WHEREAS, Tony Delfino, Frank Delfino and James Delfino have requested termination of the Williamson Act Contract on a 36oacre site identified as follows: The northwest quarter of the northeast quarter of Section 26, Township 30 south, Range 27 east, M.D.B.&M., City of Bakersfield, County of Kern, State of California. Excepting therefrom that portion lying within the northerly and westerly 30 feet of said land and also that portion lying within the Arvin-Edison Water Storage District in deed recorded February 11, 1966, in Book 3918, Page 147 of Official Records; and WHEREAS, the Kern County Assessor was requested to determine the fair market value and cancellation fee; and WHEREAS, the Kern County Assessor determined the fair market value of the subject site is $600,000 and the cancellation fee is $75,000 and certified same to the City Council; and WHEREAS, the cancellation fee is 12 1/2% of the fair market value. WHEREAS, dimishment of Agricultur'~l Preserve Number 10 was undertaken pursuant Section 51231 of the State government code and approved by City Council Resolution Number 150-91; and WHEREAS, tentative cancellation of a Williamson Act Contract was undertaken pursuant to Sections Number 51280 through 51286 of the State Government Code and approved by City Council Resolution Number 149-91; and WHEREAS, the property owners have satisfied the requirements of payment of cancellation fees and obtaining a zone change as stated in City Council Resolution Number 149-91 and the Certificate of Tentative Cancellation of a Williamson Act Contract. OR;G~NAL NOW, THEREFORE, IT IS HEREBY RESOLVED and found by the Council of the City of Bakersfield as follows: 1. The above recitals, incorporated herein, are true and correct. 2. The City Council determines that the cancellation fee of $75,000 has been paid to the Kern County Treasurer, and a zone change has been obtained. 3. The City Council hereby executes a certificate of cancellation of a Williamson Act Land Conservation Contract and cause the Planning Director to record such cancellation. -2- ] HI~,I~J~,!~! I~,t~,AllF !tnat [,fie ioregolng · e Council of the Ci~ of Bakersfield at a regular meeting ~ereof held on JUN 0 3 ~ , by ~e follo~ng vote: AYES: cI)UNCILM~MBERS; EOWARDS, DeMONO, SMITH, BRUNNI, PETERSON. McDERMOTT, SALVAGGIO NOES; COUNCIL~&E MBER$' ABSENT COUNCILMEMfERS:~~ ~STAiN: GO~CI~MBER~'~ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED J U N 0 MAYOR of the City of Bakersfield APPROVED as to form: LAWRENCE M. LUNARDINI /// CITY ATI'ORNEY of the City of Bakersfield p:rwac.cc -3- OR;GINAL AGRICULTURE PRIL. "ERVE AND WILUAM~ N ACT PROPERTIES (WITHIN I MLE OF SUBJECT ~ Z ':'"':':':':':':':':':'"'" ':':':'""':':':':': :':'"'":':':':':':':':'"":::" ================================================== f f :':':~::~:':':':':':':':':':'::~ ::::::::::::::::::::::::::: :~::::..-::~::::::: ' ?:': ...... '"'"':':':?'": ...... ' ' ':':':' ' ' ' '"' ' ' ':':':':' ..:....:.:.:: ...... , ........ :.: .: ...... :.:.::...:....:. ::::::::::::::::::::::::::::: .::::::::....::::= ........... . ...... ..~ _. ..... ~...:~(-~' ........................................ :"" .... 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EN.~ fAD ffERN COU~TY RECORDER ~9~NI6 ~ 9:~q 533 0/-~3 · O0 FREE I~'C .00 COOl ROI 1'12:$l NOTICE OF DECISION CERTIFICATE OF CANCELLATION OF WILLIAMSON ACT CONTRACT Property owners have paid the cancellation fee for property under the Williamson Act Contract, and said contract is hereby canceled for that property located along the southeast corner of Panama Lane and Akers Road identified as follows: The northwest quarter of the northeast quarter of Section 26, Township 30 south, Range 27 east, M.D.B.&M., City of Bakersfield, County of Kern, State of California. Excepting therefrom that portion lying within the northerly and westerly 30 feet of said land and also that portion lying within the Arvin-Edison Water Storage District in deed recorded February 11, 1966, in Book 3918, Page 147 of Official Records; and Pursuant to State of California Government Code Section 51284, the City Council of the City of Bakersfield conducted a public hearing on July 31, 1991, at the hour of 7 p.m. in the City Council Chambers to consider cancellation of a Williamson Act Contract on a 36 - acre site located along the southeast corner of Panama Lane and Akers Road. The City Council approved tentative cancellation of the Williamson Act Contract. Final cancellation of the Williamson Act Contract was subject to property owners paying the cancellation fee of $75,000 (pursuant to State of California Government Code Section 51283) and obtaining a zone change consistent with the Low Density Residential land use designation of the Metropolitan Bakersfield 2010 General Plan. Subject site is undeveloped and fallow. Previously, the site was used for growing of field crops. The City Council made the following findings: 1. All required public notices have been given. followed. The provisions of California Environmental Quality Act have been 3. The proposed cancellation would not have a significant adverse effect on the environment. 4. Pursuant to State of California Government Code, Section 51245 of the California Land Conservation Act Tony Delftno, Frank Delfino and James Delftno served the City of Bakersfield gith a notice of nonrenewal of the Williamson Act Contract. 5. That cancellation of the Williamson Act Contract is in the public interest. OR;GINAL 534 6. That the cancellation is for land on which a notice of nonrenewal has been served pursuant to Section 51245 of the Government Code. 7. That cancellation is not likely to result in the removal of adjacent lands from agricultural use. 8. That cancellation is for an alternative use which is consistent with the applicable provisions of the city general plan. 9. That cancellation will not result in discontinuous patterns of urban development. 10. That development of the contracted land would provide more contiguous patterns of urban development than development of proximate noncontracted land. The City Council's findings and decision to cancel the contract was based on the following: 1. Cancellation of the Williamson Act Contract is consistent with the existing Metropolitan Bakersfield 2010 General Plan land use designations. 2. Development of the site would be contiguous with urban development north and west of the site. 3. A Negative Declaration was posted on July 31, 1991, in accordance with the California Environmental Quality Act. 4. A Notice of Public Hearing and Proposed Negative Declaration was advertised on June 27, 1991, in the Bakersfield Californian. 5. The County of Kern Assessor has calculated and the City Council has certified that the cancellation fee is $75,000. 6. The cancellation of the Williamson Act Contract is for land on which a notice of nonrenewal has been served pursuant to Section 51245 of the Government Code. 7. Retaining the Williamson Act Contract would interfere with construction of infrastructure improvements. This publication shall be for informational purposes only, and shall create no right, standing, or duty that would otherwise not exist with regard to the cancellation proceedings. -2- OR;GINAL 535 Dated Bakersfield. JUN 0 ,3 lgg2 , by order of the City Council of the City of CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED J tl N 0 3 1992 CLARENCE E. MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: LAWRENCE M. LU~ARDIN~ / CITY ATTORNEY of the City of Bakersfield STATE OF CALIFORNIA KERN COUNTY OF ~oo~6688 ~c[ 536 " on June 3, 1992 before me, a Notary Pubhc In and for sa~d S:ate, personally appeared * Clarence E. Medders and O ............................. -q known to o ~ ............................. , respechvely. of the c~ty of Bakersfield the municipal corporation that executed the with~ tnstrument and acknowledged to me that they executed ~he same on behalt AL NOTAry SEAl. KERN COUN~ ~C~ Ex~ ~N 13J~5 ~ ~;G~NAL