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HomeMy WebLinkAboutRES NO 29-78RESOLUTION NO. 29-7R. 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, Frank Delfino, James Delfino and Tony Delfino, on January 26, 1978, filed with thB 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 28, 1968, recorded in Book 4165 at Page 688, Kern County Recorder's Office, and which land is located in County of Kern Agricultural Preserve Nos. 10 and 11; and WHEREAS,.the parcel of land with respect to which such cancellation is sought consists of 140 acres; and WHEREAS, the petitioners base their request for cancella- tion and allege, that the proposed future use of the said 'parcel of land is agricultural, residential, industrial and commercial development and that the subject land is presently surrounded by existing or planned urban uses and that the conversion 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 prevent urban sprawl, and is in the.public interest; and WHEREAS, this Council, by Resolution No. 9-78, has fixed a time and 'place for hearing said matter, (March 15, 1978) and notice of said hearing has been duly given in the manner required by said Resolution, and Section 51284 of the Government Code, and said hearing has been duly conducted at the time so speeified~ 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 of Bakersfield or County of Kern has protested the proposed cancella- tion; 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 contractual restriction, and has certified to this City Council that the amount thereof is $1,076.000.00, and that the most recen~y announced county assessment ratio is 25%, and that the cancellation valuation of said land is $269,000.00, and that the cancellation fee is 50% of this value or $134,500.00, 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 herein- above mentioned are true and that this Council has acquired juris- diction herein. 2o 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 accord- ance with paragraph (b) of Section 51283 of the Government Code, is the sum of $134,500.00 and has cer'tified 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 h~reinabove 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 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 Treasurer, under paragraph (d) of Section 512~3 ~'~"~e'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 Resolu- tion 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 15th day of March , 1978, by tba following vote: AYI:S: COUNCILMEN ~'gM, CHRISTENSEN, MEDDERS, RATTY, ROGERS, SCEALES, STRONG NOES: COUNCILMEN: ASSENT: COUNCILMEN: ABSTAINING COUNCILMEN: APPRgVT_F'~"~i~¢~'~'i~ST't~fi--,day of March '%1-3_ '~~-L'L~ ~ 't~Sk~'ity of Baker s field ", APPROVED as" CITY Z~and Ex ~ icio Clerk o Council of t~ Zf Bakersfielg , 1978 the CITY ATTORNEY of Bakersfield HEP~SERT E. ROBERTS Assessor, County of Kern Administration and Courts Building 1415 Truxtun Avenue Bakeafield, California 93301 Telephone (805) 86~-2311 ~ · March 10, 1978 The Honorable City Council City Hall 1501 Truxtun Avenue Bakersfield, California 93301 Re: Cancellation of Land Use Contract (Frank, James, and Tony Delfino Gentlemen: In response to your request, the Assessor is herewith submittin~ the calculated cancellation fee for the following described parcel(s) of land located in the County of Kern, State of California, being a portion of Assessor' s Parcel Number as follows: · Parcel 1 - 338-030-59 Parcel 2 - 338-030-03 Parcel 3 - 338-040-O1 '(LEGAL DESCRIPTION ATTACHED) Pursuant to the provisions of Section 51283 of the Government Code, the County Assessor has detemined the full cash value of the parcel(s) of land with respect to which cancellationis requested, as though it were free of contractual restriction, and is certifying this amount thereof to be $1,076,000.O0 ; and that the most recently announced County assessment ratio is 25%; and that the can- cellation valuation of said land is $269,000.00 ; and that the cancellation fee is 50% of this value or $1~4,500o00 · A /c8 · Very truly yours, H ~.bert E. Rober ounty ASsessor Arthur W. Tarrence, Senior Appraiser DESCRIPTION: PARCEL 1: THE NORTHWEST QUARTER OF THE NORTHWEST QLIARTER; THE WEST HALF OF THE EAST HALF OF THE NORTHWEST QUARTER AND THE WEST HALF OF THE EAST HALF OF THE EAST HALF OF THE NORTh~/EST QUARTER OF SECTION lz+, TOWNSHIP 30 SOUTH, RANGE27 EAST, MOUNT DIABL0 MERIDIAN,. IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT T HERE OF o EXCEPTI'NG THE FOLLOWING DESCRIBED PARCEL: BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF THE SOUTH 55 FEET OF THE NGRTHWEST QUARTER OF SAID SECTION '14, WITH THE WEST LINE OF THE EAST HALF OF THE EAST HALF' OF THE EAST HALF OF THE NCRTHWEST QUARTER OF LAST NAMED SECTION;' THENCE (1) SOUTHERLY ALONG LAST NAMED WEST LINE TO A POINT IN THE SOUTH LINE OF THE NORTHWEST QUARTER OF LAST NAMED SECTION; THENCE (2) NORTH 8c_) DEGREES O1 MINUTES 44 SECONDS WEST, ALONG LAST NAMED SOUTH LINE TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE SOUT~IEST QUARTER OF SAID SECTION 14-; THENCE (3) SOUTH O DEGREES 36 HINUTES 41 SECONDS WEST ALONG THE WEST LI-NE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION A DISTANCE OF 53°435 FEET; THENCE (4) FROH A TANGENT WHICH BEARS NORTH 87 DEGREES 43 HINUTES 31 SECONDS WEST, NORTHWESTERLy ALONG A CIRCULAR CURVE CONCAVE TO THE NORTHEAST OF RADIUS 6055 FEET THROUGH A CENTRAL ANGLE OF 4 DEGREES 5~- MINUTES 42 SECONDS AN ARC LENG:]'H OF 519o064 FEET TO STATION J'B" OF THIS DESCRIPTION; THENCE (5) TANGENT TO LAST NAMED CURVE NORTH 82 DEGREES 48 MINUTES 49 SECONDS WEST A DISTANCE OF 179o279 FEET TO A POINT IN THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION lz~; THENCE (6) NORTH 89 DEGREES O1 HINUTES 44 SECONDS WEST ALONG LAST NAMED NORTH LINE A DISTANCE OF 3°045 FEET, MORE OR LESS, TO A POINT WHICH BEARS SOUTH 89 DEGREES O1 MINUTES. 44 SECONDS EAST A. DISTANCE OF 622.41 FEET FROM THE NORTHWEST CORNER OF THE SOUTHWEST QLIARTER OF SAID SECTION 14; THENCE (7) NORTH 29 DEGREES 31 MINUTES Z.~L~ SECONDS WEST A DISTANCE OF lOG.q-GO FEET; THENCE (8) NORTH 38 DEGREES 41 MINUTES Z+l~ SECONDS WEST A DISTA;4CE OF 42°807 FEET, MORE OR LESS, TO A POINT DISTANT l lO FEEF HORTHEAST OF AS MEASURED AT RIGHT ANGLES TO SAID COURSES (_q) AND EXTENSIONS THEREOF; THENCE (9) SOUTH 82 DEGREES/+8 MINUTES 49 SECONDS 'EAST AND PARALLEL WITH SAID COURSE (5) AND EXTENSIONS THEREOF A DISTANCE OF 273.038 FEET, MORE OR LESS, TO A POINT IN A RADIAL THROUGH SAID STAT!O,N THENCE (10) SOUTHEASTERLy ALONG A TANGENT CIRCULAR CURVE OF RADIUS EXHIBIT A - I FEET CONCENTRIC WITH SAID COURSE (z~.) ANO A CONTINUATION THEREOF THROUGH A CENTRAL ANGLE OF fa DEGREES 12 MINUTES 55 SECONDS AN ARC LENGTH OF' '.. foL~Lt...895 FEET TO A POINT OF TANGENCY WITH THE NORTH LINE OF THE SOUTH 55 FEET OF THE NORTHWEST qUARTER OF SAID SECTION lh-; THENCE (11)' SOUTH · '{:',:'::;..iv ALSO EXCEPT ANY PORTION WITHIN PARCEL I'.iAP NO. 3615. . .,:.: PARCEL 2: ....,.... THE SOUTHWEST qUARTER OF THE 'NORTH',',/EST qUARTER OF SECTION TOWNSHIP 30 SOUTH, RANGE 27 EAST. MOUNT DIABLO blERIDIAN, IN' THE CITY OF BAKERSFIELD, COUNTY OF KERN. STATE OF CALIFORNIA, :.!.: ACCORDING TO THE OFFICIAL PLAT THEREOF. ,; f . EXCEPT THE FOLLOWING DESCRIBED PARCEL OF LAND: ",',,':., · ; :..'..:: BEGINNING AT A POINT IN THE WEST LINE OF SOUTHWEST. qUARTER OF NORTHWEST qUARTER OF SECTION 1~- AS ABOVE. DISTANCE FRO/',i NORTh%','EST ,'i"' CORNER OF SOUTHWEST qUARTER OF NORTHWEST qUARTER OF SAID SECTION lq.. SOUTH 365°03 FEET,, SUCH POINT OF BEGINNING LYING IN THE CENTER LINE ,:.:.., OF A CERTAIN DITCH; THENCE ALONG THE WEST LINE OF THE SOUTH'NEST '. qUARTER OF THE NORTHWEST qUARTER OF SAID SECTION lq., SOUTH FEET, MORE OR LESS, TO SOUTH~/EST CORNER OF SOUTHWEST qUARTER OF · NORTHWEST qUARTER OF SAID SECTION; THENCE ALONG THE SOUTH LINE OF ':"' 'SOUTHWEST qUARTER OF NORTHWEST OUARTER OF SAID SECTION lh-, SOUTH "'.'.' 89° 39~ EAST,, 622..LI. 1 FEET TO A FOINI' IN THE CENTER LINE OF A '..:' CERTAIN DITCH THE SAtdE AS ABOVE REFERRED TO; THENCE ALONG THE CENTER LINE OF SAID DITCH, NORTH 30" 090 WEST. lO0.b,.6 FEET; THEI'ICE '.' ALONG THE CENTER LINE OF SAID DITCH NORTH 32° 19~ WEST. 1.58o16 FEET; THENCE ALONG SAID CENTER LINE OF SAID DITCH NORTH 10° .59t WEST, 395..52 FEET; THENCE ALONG THE CENTER LINE OF SAID DITCH NORTH 28° 3Z~t WEST, 50oz+5 FEET; THENCE ALONG THE CENTER LINE OF SAID DITCH NORTH 4ga'" 10~ WEST, q..51 oGLt- FEET; THENCE ALONG THE CENTER LINE OF SAID DITCH DUE WEST b,-l,,66 FEET TO THE POINT OF BEGINNING. ALSO EXCEPT THE FOLLOWING DESCRIBED PARCEL OF LAND: BEGINNING AT A POINT IN THiC WEST LINE OF THE SOUTHWEST qUARTER OF THE NORTH!4EST QUARTER OF SAID SECTION 1~-~, DISTANT FRO,"I THE NORTH~,.,/EST CORNER OF SAID SOUI'I~',/EST QUARTER OF THE NORTHWEST qUARTERs SOUTH 2Z~-oO0 FEET; THENCE ALONG THE WEST LINE OF THE SOUTHWEST qUARTER OF THE NORTH'NEST qUAP, TER OF SAID SECTION 1L:, SOUTtl 3~1.,O3 FEET TO A POINT IN THE CENTER LINE OF A CEP, TAIN DITCH; THENCE AT RIGHT At,/GLES ALONG THE CENTER LINE OF SAID DITCH° EAST L~l.tS6 FEET; 'i'HENCE EXHIBIT 'A.-9- THE CENTER LINE OF SAID DITCH, SOUTH 46° 10' EAST, 358.11 FEET; ' THENCE PARALLEL ~.'IITH THE WEST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 14, NORTH 587o13 FEET TO A POINT WHICH LiES DISTANT FROM THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTIP, VEST QUARTER, SOUTH 24°00 FEET; THENCE PARAI. LEL WITH THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 14~ NORTH 89° 38~ WEST, 300°00 FE. ET TO THE POINT OF BEGINNING. ALSO EXCEPT 50 PER CENI' OF ALL OIL, GAS AND OTHER HYDROCARBON SUBSTANCES AND MINERALS, AS RESERVED IN THE DEED FROM Jo Rp DOKSEY, ET UXo~ET ALo, TO FRANK DELFINO, ET ALo, DATED JANUARY 25, 1955 RECCRDED FEBRUARY 18~ 1955 IN BOOK 2372 PAGE 260, OFFICIAL RECORDS. PARCEL 3: THE NORTH 30 ACRES OF THE NCRTHWES.T QUARTER OF THE SOUTHWEST QUARTER. OF SECTION 1Lt, 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 INTERSECTION OF THE NORTH LINE OF THE SOUTH 55 FEET OF THE NORTHWEST QUARTER OF SAID SECTION 14, WITH THE .WEST LINE OF THE EAST HALF OF THE EAST HALF OF THE EAST HALF OF THE NORTHWEST QUARTER OF LAST NAMED SECTION; THENCE (1) SOUTHERLY ALONG LAST NAMED WEST LINE TO A POINT IN THE SOUTH LINE OF THE NORTHWEST QUARTER OF LAST NAHED SECTION; THENCE (2) NORTH 89° O1' 44'~ WEST ALONG LAST NAMED SOUTH LINE TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 14; THENCE (3) SOUTH 0° 36' z~l" VIEST ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 1'4, A DISTANCE OF 53.435 FEET; THENCE (4) FROM A TANGENT WHICH BEARS NOFLTH 87° z~3' 31~' WEST, NORTHWESTERLY ALONG A CIRCULAR CURVE CONCAVE TO THE NORTHEAST OF RADIUS 6055 FEET THROUGH A CENTRAL ANGLE OF 2~o 54e 42" AN ARC LENGTH OF 519o064 FEET TO STATION ~'B" OF THIS DESCRIPTION; THENCE (5) TANGENT TO.LAST NAMED CURVE NC)~TH 82° 48' Ltg" WEST,A DISTANCE OF 179o279 FEET TO A POINT IN THE NOi'LTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTIGN 14; THENCE (6) NORTH 89° O1' z~4" WEST ALONG LAST NAMED NORTH LINE A DISTANCE OF 3oOtt5 F'EET, HORE OR, LESS, TO A POINT WI-IICH BEARS SOUTH 89° 01 ~ L~b,.,, EAST A DISTANCE OF 622.Lt-1 FEET FROH THE NORTH'WEST EXHIBIT CORNER OF THE SOUTH~'ESI' QUARTER OF SAID SECTION 1L~; THE:~CE (7) NORTH 29° 31' L~4" WEST A DISTANCE OF 1OOo460 FEET; THENCE (8) NOP, TH 38° 41, 4b" WEST, A DI. STANCE OF b2~807 FEET, OR LESS~ TO A POINT DISTANT 110 FEET NORTHEAST OF AS HEASURED AT RIGHT ANGLES TO SAID COURSE (5) AND EXTENSIGNS THEREOF; THENCE (9) SOUTH 82~ 1~8, 49~, EAST AND PARALLEL WITH SAID COURSE (5) AND EXTENSIONS THEREOF A DISTANCE 0F 273~098 FEET, MORE OR LESS; TO A POINT IN A.RADt. AL THROUGI! 5Z,.ID ST,~TION "B'~; T~IL:~ICC (10) SOLIT~IEASTERLy AL'ONG A TANGENT C',F~CUI, AF~ CURVE OF RADIUS ~45 FEET CONCENTRIC WITH SAID COURSE ~.4) AND A CONTINUATION THEREOF THROUGH A CENTRAL ANGLE OF 12' 55~' AN ARC LENGTH OF 644.896 FEET TO A POINT OF TAPK~ENCY WITH THE NORTH LINE OF THE SOUTH 55 FEET OF THE NORT~EST QUARTER OF SAID SECTION ]4; THENCE (ll) SOUTH 89° O~' 4~" EAST ALONG LAST NAMED NORTH LINE TO THE POINT OF BEGINNING, AS CONDEMNED FOR CC',UNTY ROAD PURPOSES BY DECREE RECORDED APRIL 7, 1966 IN BOOK 3937 PAGE 361 OF OFFICIAL RECORDS~ EXCLUDING FROM SUCH EXCEPTION ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS~ AND OTHER HYDROCARBONS BY WHATSOEVER NAHE KNOWN THAT HAY BE WITHIN OR UNDER THE PARCEL OF I_AND HEREINABOVE DESCRIBED~ TOGETHER WITH THE PERPETUAL RIGHT 0F DRILLING, MINING, EXPLORING AND OPERATING THEREFOR AND REMOVING THE SAME FROM SAID LAND OR ANY .OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLy DRILL .AND MINE FROM LANDS OTHER THAN THOSE HEREINABOVE DESCRIDED, OIL OR GAS WELLS TUNNELS AND SHAFTS INTO, THROUG~t OR ACROSS THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED, AND TO BOTTOH SUCH WHIPSTOCKED OR DIRECTIONALLy DRILLED WELLS~ TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, HAINTAtN,'REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR HINES, WITHOUt, HOWEVER, THE RIGHT TO DRILL~ HINE~ EXPLORE AND OPERATE TH~OLIGH I'HE SURFACE O~ THE UPPER 500 FEET OF THE SUBSURFACE OF THE LAND ~IEREINABOVE DESCRIBED OR OTHERWISE IN SUCH HAMMER AS TO ENDANGER THE SAFETY OF ANY HIGHWAY THAT MAY BE CONSTRUCTED ON SAID LANDS~ ALSO EXCEPT 50 PER CENT OF ALL OIL, GAS AND OTHER PYDROCARBON SUBSTANCES AND HINERALS, AS RESERVED IN THE DEED FROM J. DORSEY, ET UX, ET AL, TO FRANK DELFINO, ET AL, DATED JANUA~Y 25, ]95] RECORDED FEBRUAI~Y l0 1~55 IN bOO',~ 2372 PAGE 250 OF OFF I C ~ AL ~ECORDS. ' ALSO EXCEPT ANY PORTION WITHIN PAf~CEL HAP HO. ~2OG. ALSO EXCEPT that portion of the Northwest ~ of the ~' 'Southwest ~ of Section 14, T. 30S., R.27 E., M.D.B. & M. in the City of Bakersfield, County of Kern, State of California, described as follows: Beginning at point in the North line of the Southwest ~ of said Section 14 from which point the Northwest corner of said Southwest ¼ bears N. 89 degrees 02 minutes 07 seconds West, 622.41 feet thereon; Thence continuing along said North line S. 89 degrees 02 minutes 07 seconds East, 3.13 feet to a point in the Southerly line of White Lane; Thence South 82 degrees 49 minutes 12 seconds East, along said South line 179.29 feet to the beginning of a tangent curve, concave Northeasterly, having a radius of 6055 feet; Thence Southeasterly along said curve through a central angle of 01 degrees 54 minutes 42 seconds an arc distance of 117.58 feet; Thence departing said curve South 00 degrees 57 minutes 35 seconds West, 412.00 feet; Thence North 89 degrees 02 minutes 07 seconds West, 116.38 feet to a point in the centerline of an existing canal; Thence North 21 degrees 22 minutes 07 seconds West along said centerline, 478.93 feet to the point of beginning. Co~fta=ia~ P~ O~ aef~s. EXHIBXT