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Home My WebLink AboutRES NO 176-85RESOLUTION NO. 176-85 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD GIVING TENTATIVE APPROVAL TO PETITION FOR CANCELLATION OF LAND USE CONTRACT UNDER WILLIAMSON ACT. WHEREAS, JOHN M. ANTONGIOVANNI and YOLE J. ANTONGIOVANNI, husband and wife as joint tenants, and J. STANLEY ANTONGIOVANNI and KATHLEEN E. ANTONGIOVANNI, husband and wife as joint tenants, on September 16, 1985, filed with the City of Bakersfield a peti- tion for cancellation of a Land Use Contract, which contract was entered into under the Land Conservation Act of 1965 (Williamson Act) on February 28, 1969, recorded in Book 1 at Page 39, Kern County Recorder's Office, and which land is located in County of Kern Agricultural Preserve No. 10; and WHEREAS, the parcel of land with respect to which such cancellation is sought consists of approximately 135.027 acres; and WHEREAS, the petitioners have prepared a detailed plan establishing specified future uses of the said property, which plan, showing that various portions of said property shall be used for single-family residential, multiple-family residential and commercial purposes, has been approved by the City and is consistent with the Land Use Element of the Bakersfield Metropolitan Area General Plan; WHEREAS, this Council, by Resolution No. 169-85, fixed the time and place for hearing said matter as Wednesday, December 11, 1985, at the hour of ? p.m., or as soon thereafter as the matter may be heard, at City Hall, 1501 Truxtun Avenue, and notice of said hearing has been duly given in the manner required by said resolution and Section 51284 of the Government Code, and said hearing has been duly conducted at the time and place so specified, and evidence having been received, and all persons desiring to be heard in said matter having been given an opportunity to be heard; and WHEREAS, no owner of property has protested the proposed cancellation; and WHEREAS, pursuant to the provisions of Section 51283 of the Government Code, the Assessor of the County of Kern has determined the full cash value of the parcel of land with respect to which cancellation is requested as though it were ~ree of the contractual restriction, and has certified to this City Council that the cancellation valuation of said land is $157,973.00, and that the cancellation fee is 12-1/2% of this value or $19,746.63. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield, State o~ California, as follows: 1. That this Council ~inds that all of the facts hereinabove mentioned are true and that this Council has acquired jurisdiction herein. 2. That this Council does further find and determine that the cancellation is consistent with the purposes of the Williamson Act in that: C. D. E. The cancellation is for land on which a notice of nonrenewal has been served pursuant to Section 51245 of the Act; Cancellation is not likely to result in the removal of adjacent lands from agricultural use; Cancellation is ~or uses consistent with the Bakersfield Metropolitan Area General Plan; Cancellation will not result in discon- tiguous patterns of urban development; and Development of the contracted land could provide more contiguous patterns of urban development than development of proximate noncontracted land. 3. That pursuant to the provisions of paragraph (a) of Section 51283.3 o~ the Government Code, this Council does give tentative approval of the cancellation petition, subject to the payment of the cancellation fee hereinabove mentioned. 4. That this Council hereby determines to require pay- ment in full of the cancellation fee prior to the cancellation becoming effective. Said cancellation fee shall be paid in full not later than one year after the date of this resolution, and if not deposited with the County Treasurer within that time, the approval of cancellation shall lapse, be rescinded, and this resolution shall thereafter have no further force or effect. Said cancellation shall not be effective until such time as the cancellation fee has been paid in full. 5. The City Clerk shall file for record in the office of the Kern County Recorder a certificate of tentative can- cellation, setting forth the name of the landowners requesting cancellation, the fact that a certificate of cancellation of con- tract will be issued and recorded upon payment, within one year of the date of this resolution, of the cancellation fee refer- enced above and additional deferred taxes determined pursuant to Section 51283.1 of the Act, and the legal description of the pro- perty. Approval of all tentative subdivision maps necessary to development of the property shall be obtained within such one- year period. 6. Upon payment of said cancellation fee and additional deferred taxes by petitioners, the City Clerk shall execute a certificate of cancellation of contract and cause the same to be recorded. 7. The real property to which the foregoing proceedings apply is situated in the City of Bakersfield, State of California, and is more particularly described in Exhibit "A", attached hereto and by this reference incorporated in this reso- lution as though fully set forth herein. 8. That the City Clerk shall send copies of this reso- lution to the State Controller, Assessor of Kern County, Auditor-Controller of Kern County, Treasurer of Kern County, Planning Director of Kern County, and the petitioning property owners. .......... o0o .......... I HEREBY CERTIFY that the foregoing passed and adopted by the Council of the City of regular meeting thereof held on the 11thday of 1985, by the following vote: Resolution was Bakersfield at a December , ~ ~/ l ( <~ //~._~ CITY CLERK and Ex Officio Clerk of the Council of the city of Bakersfield APPROVED this 11th day of December , MAYOR of the City of Bakersfield 1985 APPROVED as to form: C NEY of the city of Bakersfield AJS/bl R.~NTON 4 EXHIBIT "A" A parcel of land situated in the City of Bakersfield, County of Kern, State of California, being a portion of Section 21, Township 30 South, Range 27 East, M.D.B.&M., more particularly described as follows: Commencing at the Southwest corner of Section 21, (Township 30, Range 27) said corner being the "True Point of Beginning"; Thence North 00° 00' 07" West on and along the West line of said Section 21, a distance of 4,665.00 feet; Thence North 89° 59' 53" East, 56.109 feet, to the beginning of a non- tangent curve, concave Northeasterly, having a radius of 5,280.00 feet, from which point the radius point of said curve bears North 82° 31' 41" East; Thence Southeasterly, on and along said curve through a central angle of 69° 23' 01", an arc distance of 6,393.935 feet to the beginning of a second curve, concave Easterly, having a radius of 5,280 feet, from which point the radius point of said curve bears North 78~ 32' 56" East; Thence Southerly, on and along said curve, through a central angle of 02° 39' 03" · , an arc distance of 244 2833 feet, to a point on the South line of said Section 21; Thence North 89° 36' 33" West on and along said South line, a distance of 1,506.32 feet to the South one quarter corner of said Section 21; Thence continuing North 89° 36' 33" West on and along said South line, a distance of 2,638.20 feet, to the Southwest corner of said Section 21, and the True Point of Beginning. Containing 145.203 gross acres EXCEPTING therefrom those portions within the road rights-of-way and the Stine Canal. Gosford Road P.G.&E. (45' Panama Lane Stine Canal Net Acres (30' Right-of-Way) x 90') (30' Right-of-Way) (80' Right-of-Way) 3.213 acres 0.093 acres 2.834 acres 4.036 acres 135.027 acres