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HomeMy WebLinkAboutRES NO 62-79RESOLUTION NO.' .... 62-79' 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, Tenneco West, Inc., on March 27, 1979, 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) on February 16, 1977, recorded in Book 5008 at page 785, Kern County Recorder's office, and which land is located in County of Kern Agricultural Preserve No. 10; and WHEREAS, the parcels of land with respect to which such cancellation is sought consists of approximately 460 acres; and WHEREAS, the petitioners base their request for cancel- lation and allege, that the proposed future use of the said parcels of land is for urban development and that cancellation of said contract as to said parcels is not inconsistent with the purposes of the Williamson Act and is in the public interest; that the ultimate plan of the landowner is consistent with the General Plan. WHEREAS, this Council, by Resolution No. 53-79, has fixed a.time and place for hearing said matter, at 8 p.m., July 25, 1979, at City Hall, 1501 Truxtun Avenue, and notice of said hearing has been duly given in the manner required by said reso- lution 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 fullcash 'value of the parcels of land with respect to which cancellation~is requested as though they were free of the contractual restriction, and has certified to this City Council that the amount thereof of $767,458.00, and that the most recently announced county assessment ratio is .2.5%, and that the cancellation valuation of said land is $191,864.00 and that the cancellation fee is 50% of this value or $95,932.00 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. That this Council finds 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: (a) That continued dedication of the land, herein- 'after 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 proposed 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. That this. Council has determined,that the amount of the cancellation fee which the owners shall pay to the Treasurer of Kern County as deferred taxes upon such cancellation, in accordance with paragraph (D) of Section 51283 ofthe Government Code, is the sum of $95,932.00 and has certified said sum to the Auditor-Controller of Kern County. ~4. That 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. That this Council hereby determines to require pay- ment infull 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, 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 said cancellation fee has been paid. in full. 6. Upon payment of said cancellation fee by petitioners, 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 names of the owners 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 this resolution and 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 more particularly described in Exhibit "A", attached hereto and by this reference incorporated in this resolution as though fully set forth herein. 8. That the 'County. Treasure~, unde~ paragraph Cd~ of Section 51283 of the Government Code will transmit.the 'said deferred taxes, when collected, to the California State Con- troller. 9. 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 EXHIBIT "A" S 1/2 Of the NW 1/4 and the SW 1/4 of Section 7, Township 30 S., Range 27 E., MDB&M, Ptn. of APN: 340-020-01 W 1/2 of the SE 1/4 of Section 7, Township 30 S., Range 27 E., MDB&M, Ptn. of APN: 340-020-02 SW 1/4 of Section 17, Township 30 S., Range 27 E., MDB&M, Ptn. of APN: 340-050-19 (Former APN: 340-050-09) EXHIBIT "A" 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 25th day of July, 1979, by the following vote: AYES: COUNCILMEN BARTON, EJ~;i:i~.J...~1,1, MEANS, MILLER, PAYNE, RATTY, STRONG ABSTAINING~ .C,C~jNCILMEN~ ~/~~ , CITY C~K'~n Officio Clerk of CounCil of~Bakersfield the Bakersfield APPROVED as to' form: CITY ATTORNEY of the C~of Bakersfield