HomeMy WebLinkAboutRES NO 29-71RESOLUTION N0. '29-71
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AUTHORIZING PRORATION OF TAXES
RE GROUND LEASE AGREEMENT NO. 38-68, AND
DIRECTING DELIVERY OF QUITCLAIM DEED OF
LEASED PREMISES FROM CITY TO OWNER.
WHEREAS:
(a) Ground Lease Agreement No. 38-68, recorded in
Book 4149 at Page 969, Official Records of Kern County, was
executed on March 1, 1968, between the Kern County Land Company
as owner and the City of Bakersfield as Lessee; and
(b) The authorized use of the premises under said Lease
is for constructing, using, enlarging, improving and maintaining
sewage lagDons and spreading areas for the disposal of sewage
effluent; and
(c) Unless sooner terminated, the term of the Lease is
for five years commencing April 1, 1968, and ending March 31, 1973;
and
(d) The City of Bakersfield is no longer using the leased
premises for any purpose and desires to terminate the Lease at this
time, and
(e) The Kern County Land Company is willing to cancel and
terminate the Lease upon the following conditions:
1. That real property taxes on said.described
premises for the period from July 1, 1970 to March 15, 1971 in the
amount of Two Thousand Seven Hundred Fifty-six and 46/100 Dollars
($2,756.46) shall be paid by the City of Bakersfield to the owner
herein, as proper proration of such taxes for the 1970-71 fiscal year,
in accordance with Section 13 of the 'Ground Lease Agreement No. 38-68.
2. City shall surrender up the possession of the
premises to the owner and shall forthwith execute, acknowledge, and
deliver to owner a recordable quitclaim deed in accordance with
Section 21 of Ground Lease Agreement No. 38-68.
NOW, THEREFORE, IT IS HEREBY RESOLVED AND ORDERED AS
FOLLOWS:
1. That the Finance Director shall prepare and deliver
to the owner a City of Bakersfield warrant in the amount of Two
Thousand Seven Hundred Fifty-six and 46/100 Dollars ($2,756.46),
proration of taxes from July 1, 1970 to March 15, 1971, on said
leased premises, provided, however, that in the event the City
pays or has'paid the first installment of the said 1970-71 taxes
in the amount of One Thousand Nine Hundred Fifty-seven and 41/100
Dollars ($1,957.41) prior to the adoption of this Resolution, the
amount of proration first above stated shall be reduced by the
amount paid.
2. That the Mayor, City Clerk, Finance Director, and
City Attorney are hereby authorized and directed to execute and
subscribe a quitclaim deed to the leased premises in recordable
form and deliver to the owner of the said leased premises.
3. That upon the adoption of this Resolution and
delivery of the quitclaim deed to owner, the City of Bakersfield
and all its employees, agents or authorized representatives shall
surrender up the possession of the premises to the owner.
4. Acceptance of said quitclaim deed by owner shall be
deemed to constitute full and complete performance of all the terms,
conditions, covenants and promises contained in Ground Lease Agree-
ment No. 36-68.
ooo
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 22nd day of March
1971, by the following vote:
fdS: ~OUNCILMEN BLE~ES, RUCKER, STIERN, VETIER, WHITTEMORE
!'Dr-S: COUNCILMEN:
:I'TAINING COUNCILMEN;
~"'~.?..,~"~'~ Clerk of the
CITY
Council of the City of Bakersfield
APPROVED thi-s 2~nd day of March ,
1971
APPROVED:
QUITCLAIM DEED
F~R A VALUABLE CONSIDERATION, receipt of Which is
hereby acknowledged, the CITY OF BAKERSFIELD, a California
municipal corporation, hereby REMISES, RELEASES and QUITCLAIMS
to KERN COUNTY LAND COMPANY the real property situated in the
unincorporated area of Kern County, California, described as
follows:
That portion of the Northeast Quarter of
the Southeast Quarter (NE/4 of SE/4) lying
southerly of the south line of the Pacific
Gas and Electric Company transmission tower
line right-of-way, and that portion of the
South Half of the Southeast Quarter (S/2 of
SE/4) lying easterly of the Arvin-Edison
Water Storage District canal right-of-way
and northerly of Southern Pacific Railroad
Company right-of-way, all in Section 16,
Township 30 South, Range 27 East, Mount
Diablo Meridian.
Containing 100 acres, more or less.
IN WITNESS WHEREOF, said CITY OF BAKERSFIELD has caused
its official name and seal to be affixed heret0 and this instrument
to be executed by its officers thereunto duly authorized.
· ~~~~RSFIEL
By .yM~.~/
.... And By ~ ~ ~., > -~,~
City Clerk
Finance Director
%
STATE OF CALIFORNIA )
)
COUNTY OF KERN )
SSl
On this 23rd day of March , 1971, before me,
Donald F. Stewart , a Notary Public in and for said
County and State, personally appeared Donald M. Hart ,
Marjan S. Irvin , Kenneth W. HoaRland ,
and D.L. Haynes ., known to me to be the Mayor,
City Clerk, City Attorney and Finance Director, respectively,
of the City of Bakersfield, the municipal corporation that
'exeCuted the within instrument, and known to me to be the
persons who executed the within instrument on behalf of the
municipal corporation therein named, and acknowledged to me that
such corporation executed the within instrument pursuant to a
resolution of the City Council.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal the day and year in this certificate
first above written.
Notary..-Pu51ic in and for said
County -and State
"Q DONALD F. STEW~:~1
..... %,...,....:,... .......:._..~_ ,:...,~ .....~ ............,=,~,:.,:,...~,?.~,..:.,~,~ .....~,r..:,~.,.: ......,,-. ~, ., NOTARY PU3LIC - CALII:C;~Nha
~ PRINCIPAL O,"-FICE ~N
,~ KE,~N COUNTY
, ,, MY COA,'~;,,41SStOh,I 5)<PI.~E5 JU/~:-F 9, 1974