HomeMy WebLinkAboutRES NO 45-76RESOLUTION NO. 45-76
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, Nelson Concrete Pipe Corporation, a California
corporation, on June 8, 1976, 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 Preserve No. 11; and
WHEREAS, the parcel of land with respect to which such
cancellation is sought consists of 37.42 acres more or less; and
WHEREAS, the petit'ioner b~ses~srequest for cancellation
and alleges, that the proposed future use of the said parcel of land
is residential development and that the subject land is presently
surrounded by existing or planned urban uses and that the conser-
vation thereof from agricultural uses to urban uses is not premature
nor will it contribute to discontiguous urban development patterns
or urban sprawl and that development as proposed would tend to pre-
vent urban sprawl, and is in the public interest; and
WHEREAS, this Council, by minute order, 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 minute order and
Section 51284 of the Government Code, and said hearing has been duly
conducted at the time 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 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
$157,000.00 and that the most recently announced county assessment
ratio is 25%, and that the cancellation valuation of said land is
$39,250.00, and that the cancellation fee is 50% of this value or
$19,625.00 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 agricultural 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
inconsistent with the purposes of said Act, and (c) that the pro-
posed cancellation is in the public interest; and (d) that there is
no proximate, noncontracted land suitable for the use to which it
is proposed 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 County Treasurer
as deferred taxes upon such cancellation, in accordance with para-
graph (b) 0~' SeCtion 51283 of the Government C6d~, is the sUm of
$19,625.00 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
thanninety '(90) days after the date of this resolution, and if not
dep6sited with the County Treasurer within that time, 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 cancella-
tion 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:
The northeast 1/4 of the southwest 1/4 of Section
14, Township 30 South, Range 27 East, Mount Diablo
Meridian, in the City of Bakersfield, County of
Kern, State of California, according to the Official
Plat thereof.
EXCEPT all of that portion described as:
Beginning at the northwest corner of the north-
east 1/4 of the southwest 1/4 of said Section 14;
thence (1) south 89°01'44'' east along the north
line-of the 'southwest 1/~ef-said Section 14 a
distance of 138.10 feet to Station '~" of this
description; thence (2) continuing along last-
named north line south 89o01'44'' east a distance
of 1183.01 feet to the northeast corner of the
southwest 1/4 of said Section 14; thence (3) south
0°36'16'' west along the east line of the southwest
1/4 of said Section 14 to a point in the south line
of the north 55 feet of the southwest 1/4 of said
Section 14; thence (4) north 89o01'44'' west along
last-named south line to a point in a line through
said Station '~" at right angles to said course
(2) above'described; thence (5) from a tangent which
bears north 89o01'44'' west, northwesterly along a
circular curve concave to the northeast of radius
.6055~f~e~ through a central angle of 1°18'13'' an arc
length of 137,765 feet, more or less, to a point in the
west line of the east 1/2 of the southwest 1/4 of said
Section 14; thence (6) north 0°36 '41'' east along last-
named west line a distance of 53.435 feet to the point
of beginning, as condemned for county road purposes
by decree recorded April 7, 1966, in Book 3937, Page
361 of Official Records.
EXCEPTING THEREFROM all oil, gas, hydrocarbon sub-
stances within and underlying said land.
8. The County Treasurer, under paragraph (d) of Section
51283 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 owner.
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 28th day of June, 1976, by the following
vote:
ABSTAINING COUNCILMEN:
CITY~LERK 'and/x Officio Clerk of
.~ ~'~-~- Council ~f Bakersfie
of~,~y of Bakersfield
the