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