HomeMy WebLinkAboutRES NO 60-77RESOLUTION NO. 60-77
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD DETERMINING PETITION FOR CAN-
CELLATION OF LAND USE CONTRACT UNDER
WILLIAMSON ACT WITH RESPECT TO PART OF
LAND.
WHEREAS, Frank Delfino, James Delfino, and Tony Delfino
on June 20, 1977, filed with this Council a petition for cancellation
of a Land Use Contract as to part of the subject land, which contract
was entered into under the Land Conservation Act of 1965 (Williamson
Act), and which land is located in County of Kern Agricultural Pre-
serve No. 11; and
WHEREAS, the parcel of land with respect to which such
cancellation is sought consists of two acres; and
WHEREAS, the petitioners base their request for cancella-
tion and allege, that the proposed future use of the said parcel of
land is commercial development and that the subject land is presently
surrounded by existing or planned urban uses and that the conversion
thereof from agricultural use to urban use is not premature nor will
it contribute to discontiguous urban development patterns or urban
sprawl and that development as proposed would tend to prevent urban
sprawl and is in the public interest; and
WHEREAS, this Council, ~ resolution, has fixed a time
and place for hearing said matter, 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 con-
ducted at the time so specified, and evidence having been received,
and all persons desiring to be heard in said matter having been ~iven
opportunity to be heard; and
WHEREAS, no owner of any property located in the city or
county has protested the proposed cancellation; and
WHEREAS, pursuant to the provisions of Section 51283 of the
Government Code, the County Assessor has determined the full cash
value of the parcel of land with respect to which cancellation is
requested, as though it were free of the contractual restriction, and
has certified to this City Council that the amount thereof is $50,000
and that the most recently announced county assessment ratio is 25%,
and that the cancellation valuation of said land is $12,500 and that
the cancellation fee is 50% of this value or $6,250, as mentioned in
Section 51283 of the Government Code; and it appearing that after the
date said contract was initially entered into, the publicly announced
county ratio of assessed to full cash value has not changed.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Council of the
City of Bakersfield, State of California, as follows:
'1~ This Council finds that all of the facts hereinabove
mentioned are true and that this Council has acquired jurisdiction
herein.
2. This Council does further find and determine: (a) That
continued dedication of the land, hereinafter described, to agricul-
tural use under contractual restrictions is not necessary for the
purposes of the Land Conservation Act of 1965 (also known as the
Williamson Act); and (b) that the proposed cancellation is not incon-
sistent with the purposes of said Act; and (c) that the proposed can-
cellation is in the public interest; and (d) that there is no proximate
noncontracted land suitable for the use to which it isproposed that
the restricted land be put.
3. This Council does hereby determine that the amount of
the cancellation fee which the owner shall pay to the Kern County
Treasurer as deferred taxes upon such cancellation, in accordance
with paragraph (b) of Section 51283 of the Government Code, is the
sum of $6,250 and does hereby certify said sum to the Auditor-
Controller of_Kern County .............
4. Pursuant to the provisions of paragraph (a) of Section
51283.3 of the Government Code, this Council does give tentative
approval of the cancellation petition, subject to the payment of
the cancellation fee hereinabove mentioned.
5. This Council hereby determines to require payment in
full of the cancellation fee prior to the cancellation becoming
effective. Said cancellation fee shall be paid in full not later
than ninety (90) days after the date of this resolution, and if not
deposited with the County Treasurer within that time, or within such
time extension as may be granted by this Council, the approval-of
cancellation shall lapse, be rescinded and this resolution shall
thereafter have no force and effect. Said cancellation shall not be
effective until such time as the said cancellation fee has been paid
in full.
6. Upon payment of said cancellation fee by Petitioner, the
City Clerk shall file for record in the office of the County Recorder
of the County of Kern, a certificate, which shall set forth the name
of the owner of such land with the amount of the cancellation fee
hereinabove mentioned, showing such fee to have been paid in full
pursuant to the provisions of the Williamson Act; together with the
legal description of said property.
7. The real property to which the foregoing proceedings
apply is situated in the City of Bakersfield, State of California,
and is described as follows:
That portion of the northwest 1/4 of the south-
west 1/4 of Section 14, T.30 S., R.27 E.,
M.D.B.& M. in the City of Bakersfield, County
of Kern, State of California, described as
follows:
Beginning at point in the north line of the south-
west 1/4 of said Section 14 from which point the
northwest corner of said southwest 1/4 bears N.
89 degrees 02 minutes 07 seconds west, 622.41 feet
thereon; thence continuing along said north line
S. 89 degrees 02 minutes 07 seconds east, 3.13
feet to a point in the southerly line of White
Lane; thence south 82 degrees. 49 minutes 12
seconds east, along said south line 179.29 feet
to the beginning of a tangent curve, concave
northeasterly, having a radius of 6055 feet;
thence southeasterly along said curve through
a central angle of 01 degrees 54 minutes 42
seconds an arc distance of 117.58 feet; thence
departing said curve south 00 degrees 57 minutes
35 seconds west, 412.00 feet; thence north 89
degrees 02 minutes 07 seconds west, 116.38 feet to
a point in the centerline of an existing canal;
thence north 21 degrees 22 minutes 07 seconds west
along said centerline, 478.93 feet to the point of
beginning.
Contains 2.00 acres.
8. The Kern County Treasurer, under paragraph (d) of
Section 51283 of the Government Code, will transmit the deferred
taxes, when collected, to the State Controller.
9. The City Clerk shall send copies of this resolution 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 resolution was passed
and adopted by the Council of the City of Bakersfield at a regular
meeting thereof held on the llth day of July, 1977, by the following
vote:
AYES: COUNCILMEN BARTON, CHRISTENSEN, MEDDERS, PATTY, ROGERS,.~ereA. L-Ee, STRONG
NOES, COUNCILMEN: N(')lkJE _,
ABSENT: COUNCILMEN: ~C.~, ~D~ ~_~ ~ .1
ABSTAINING COUNCILMEN: NO |k.~ ~- ..... ' ...' .: ~. ,i
C~~%e C~a '
CC~TunYc~i of n lclo Clerk of the
-.-.~-.~: ' ' kers field
APPROVED::t~i~i'~':~z -,'o ,uly, 1977
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