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HomeMy WebLinkAboutRES NO 32-78 (2) RESOLUTION NO. 32-78 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, Oildale Ready Mix, a partnership, on February 15, 1978, 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 23, 1968, recorded in Book 4135 at page 470, Kern County Recorder's office, and which land is located in County of Kern Agricultural Preserve No. 14; and WHEREAS, the parcel of land with respect to which such cancellation is sought consists of approximately 42 acres; and WHEREAS, the petitioners base their request for cancel- lation and allege, that the proposed future use of the said parcel of land is for sand and 9ravel strip mining for approxim- ately five (5) years, then development into residential use; that cancellation of said contract as to said parcel 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. Sand and rock operation is being sought through conditional use permit conditioned on cancellation of the Land Use Contract as to the described portion of the land there- under. Sand and rock is in short supply in the Bakersfield area, with all sources being rapidly exhausted, which in turn is affect- ing price. This resource must be secured before property is developed in a higher and more intensive use. WHEREAS, this Council, by Resolution No. 16-78, has fixed a time and place for hearing said matter, at 8 p.m., March 22, 1978, at City Hall, 1501 Truxtun Avenue, and notice of said hearing has been duly 9iven in the manner required by said resolu- tionsand 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 deter- mined the full cash value of the parcel of land with respect to which cancellation is requested as though it were free of the con- tractual restriction, and has certified to'this City Council that the amount thereof of $42,000.00, and that the most recently announced county assessment ratio is 25%, and that the cancellation valuation of said land is $10,500.00 and that the cancellation fee is 50% of this value or $5,250.00, as mentioned in Section 512.83 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 herein- above mentioned are true and that this Council has acquired juris- diction 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 ~'sa~d Ac~;'an~' ' ' (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 accord- ance with paragraph (b) of Section 51283 of the Government Code, is the sum of $5,250.00 and has certified said sum to the ~Ud.itor- 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 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, 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 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 Treasurer, under paragraph (d) of Section 51283 of the Government Code will transmit the said deferred taxes, when collected, to the 'California State Controller. 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. 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 , 1978, by the following vote: AYI~S: COUNCILMEN BAI~TON, CHRISTENSEN, MEDDERS, PATTY, ROGERS, SCEALES, STRONG NOES: COUNCILMEN: ABSENT: COUNCILMEN: ABSTAINING ,~OUNCILMEN: ......................... CITY CLE~and~x 0 icio Clerk of Council of the ~~kersfield 1978 APPROVED as to form: C~ATTO~'~RNE~/' ~/ ~o of th f Bakersfield the LEGAL DESCRIPTION A portion of the Southwest Quarter, Section 6, Township 29 South, Range 29 East, MDB&M, more particularly described. as follows: Beginning at a point being the West quarter corner of said Section; thence easterly along center line a distance of 1320 feet, thence South 18° 30' West a distance of 2200 feet to a point; thence West parallel to the center line a distance of 660'; thence North along the West line 2000' to the point of beginning and containing 42 acres, more or less. Exhibit '~A"