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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 : ersfie_ ,~<. =~ s ~- ,. ld