HomeMy WebLinkAboutRES NO 28-78RESOLUTION N0, ~8-78
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD ~ETERMINING AND CERTIFYING TO
COUNTY OF KERNAUDITOR-CONTROLLER AMOUNT OF
CANCELLATION FEE LANDOWNER MUST PAY COUNTY
TREASURERAS DEFERRED TAXES UPON CANCELLATION
OF LAND USE CONTRACT UNDER WILLIAMSON ACT.
WHEREAS, James Delfino, Frank Delfino and Tony Delfino,
on January 26, 1978, filed with this Council a petition for cancella-
tion 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), and which land is located in County of Kern
Agricultural Preserve Nos. 10 and 11 and more particularly described
in the said petition; and
/
WHEREAS, the said land has been and is under the jurisdic-
tion of the City of Bakersfield since annexation thereof in 1969;
and
WHEREAS, the County Assessor of Kern County has determined
th~ full cash value of said 140 acres as though it were free of the
contractual restriction to be $1,076,000.00; the Assessor further
multiplied such value by the most.recent county ratio announced
pursuant to Section 401 of the Revenue and Taxation Code and has
certified the product to the City Council as the cancellation
valuation of the land for the purpose of determining the cancellation
fee, which cancellation value, as determined, is $269,000.00; and
WHEREAS, Section 51283 of the Government Code requires that
the City Council determine and certify to the County Auditor the
amount of the cancellation fee which the landowner must pay to
the County Treasurer as deferrred taxes upon cancellation prior to
giving tentative approval to the cancellation of the contract, which
fee is 50% of the cancellation value. A copy of the Assessor's
valuation is attached hereto.
NOW, THEREFORE, the Council of the City of Bakersfield
resolves, determines and certifies as follows:
1. That the amount of the cancellation fee which the
landowner must pay the County Treasurer as deferred taxes upon
cancellation is the sum of $134,500.00. Reference is made to the
petition on. file for description of the 140 acres involved in the
proposed cancellation.
2. That a copy of this Resolution shall be transmitted
by the. City Clerk to the Auditor-Controller of the County of Kern.
-O00
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 the following vote:
AYES: COUNCILMEN e,~R.T-g~, CHRISTENSEN, MEDDERS, R,~TTY, ROGERS, SCEALES, STRONg
NOES: COUNCILMEN: ¢-.~l~ ~
·
ABSTAINING COUNCILMEN: ~ ~ o
CITY CL~~io Clerk of the
Council of the City of Bakersfield
, 1978
APPROVED as to form:
HER,BERT E. ROBERTS
Assessor, County of Kern
Administration and Courts Building
!415 Truetun Avenue
Bakersfield, California 93301
Telephone (805) 861-2311
March 10, 197'8
The Honorable City Council
City Hall
1501 TruxtunAvenue
Bakersfield, California 93301
Re: Cancellation of Land Use Contract (Frank, James, and Tony Delfino)
Gentlemen:
In r~sponse to your request, the Assessor is herewith submitting
the calculated cancellation fee for the following described parcel(s)
of land located in the County of Kern, State of Californ.ia, being a
portion of Assessor's Parcel Number as follows: ·
Parcel 1 - 338-030-59
Partel 2 - 338-030-03
Parcel 3 - 338-040-01
(LEGAL DESCRIPTION ATTACHED')
Pursuant to the provisions of Section 51283 of the Government
Code, the County Assessor has determined the full cash value of the
parcel(s) of land with respect to which cancellation is requested,
as though it were free of contractual restriction, and is certifying
this amount thereof to be S1,076~000.00 ; and that the most
recently ~nnounced County assessment ratio is 25%; and that the can-
cellation valuation of said land is S269,000.00 ; and that the
cancellation fee is 50%~ of this .value or $1B4,~00.00 ·
A /cg
· Very truly yours,
Arthur W. Tarrence, Senior Appraiser
X l./ / /."7'
/t
DESCRI PTI ON:
PARCEL
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 NOR. ThYEST QUARTER
OF SECTION 14, 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 o
EXCEPT I'NG THE FOLLOWING DESCRI BED PARCEL:
BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF THE SOUTH 55
FEET OF THE NCRTHWEST 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 NAHED
WEST LINE TO A POINT IN THE SOUTH LINE OF THE NORTHWEST QUARTER OF
LAST NAMED SECTION; THENCE (2) NOR. TH 89 DEGREES O1 MINUTES 4L~ SECONDS
'WEST, ALONG LAST NAHED SOUTH LINE TO THE NORTHWEST CORNER OF THE
NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 14; THENCE
(3) SOUTH 0 DEGREES 36 MINLITES 41 SECONDS WEST ALONG THE WEST LINE
OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION '1L~,
A DISTANCE OF 53°435 FEET; THENCE (t~) FROM A TANGEHT WHICH BEARS
NORTH 87 DEGREES 43 HINUTES 31 SECONDS WEST, NORTHWESTERLY ALONG A
CIRCULAR CURVE CONCAVE TO THE NORTHEAST OF RADIUS 6055 FEET TdROUGH
A CENTRAL ANGLE OF Z~ DEGREES 54 MINUTES L~2 SECONDS AN ARC LENG:]'H OF
519°06L~ FEET TO STATION "B" OF THIS DESCRIPTION; THENCE (5) TANGENT
TO'LAST NAMED CURVE NORTH '82 DEGREES 48 MINUTES b,9 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 MINUTES b,Z+ 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. 4LF SECONDS EAST A DISTANCE OF 622.41 FEET FROM THE NORTHWEST
CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION lt~; THENCE (7) NORTH
29 DEGREES 31 HINUTES Z:L~ SECONDS WEST A DISTANCE OF IO0.L~GO FEET;
THENCE (O) NORTH 38 DEGP, EES 41 MINUTES 44 SECONDS WEST A DISTANCE OF
42°807 FEET, MORE OR LESS, TO A POINT DISTANT 110 FEEl' NORTHEAST OF AS
MEASURED AT RIGHT ANGLES TO SAID COURSES (5) AND EXTENSIONS THEREOF;
THENCE (9) SOUTH 82 DEGREES 48 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.',~ "B~,;
THENCE (10) SOUTHEASTERLY ALONG A TANGENT CIRCULAR CURVE OF RADIUS .59L~5
EXHIBIT
FEET C. ONCENTRiC WITH SAID COURSE (l~) ANO A CONTiNUATiON THEP, EOF THROUG~
A CENTRAL AN6LE OF 6 DEGREE5 12 t~I;JUTES 55 SECONDS AN ARC LENGTH OF'
6~q. o8:96 FEET TO A POINT OF TANGENEy WITH 'I'~tE NOP, TH LINE OF THE SOUTH
55 FEET OF THE NORTHWEST qUARTER OF SAID SECT/ON 1~+; THENCE (]1) 50UTH
ALSO EXCEPT ANY PORTION ~ZTHJN PARCEL HAP N0.
PARC E L 2:
THE SOUTHWEST QUARTER OF THE NORTIffVEST QUARTER OF SECTION 14,
TOWNSHIP 30 SOUTH, RANGE 27 EAST, MOUNT DIABLO t'IERIDIAN, IN'
THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA
ACCORDING TO THE OFFICIAL PLAT THEREOF. ,
EXCEPT THE FOLLOWING DESCRIBED PARCEL OF LAND:
BEGINNING AT A POINT IN THE WEST' LINE OF SOUTH~,:IEST QUARTER OF
NORTH%EST QUAP, TER OF SECTION 14 AS ABOVE, DISTANCE FRO/t NORTIff'zEST
CORNER OF SOUTHWEST QUARTER OF NORTttWEST QUARTER OF SAID SECTION 14,
SOUTH 365°03 FEET,, SUCH POINT OF BEGINNING LYING IN THE CENTER LINE
OF A CERTAIN DITCH; THENCE ALONG THE WEST LINE OF THE SOUTHWEST
QUARTER OF THE NOP, THWEST QUARTER OF SAID SECTION 14, SOUTH '259.57
FEET, MORE OR LESS, TO SOUT~f,.,/EST CORNER OF SOUTHWEST QUARTER OF
· NORT~',/EST QUARTER OF SAID SECTION; THENCE ALONG THE SOUTH LINE OF
'SOUTh'WEST QUARTER OF NORTHWEST OUARTER OF SAID SECTION 14, SOUTH
89° 39' EAST, 622o41 FEET TO A I::;OINT IN THE CENTER LINE OF A
CERTAIN DITCH THE SAtdE AS ABOVE REFERRED TO; THENCE ALONG THE
CENTER LINE OF SAID DITCH, NORTH 30" Oq~ WEST, 100°q-6 FEET; THENCE
ALONG THE CENTER LINE OF SAID DITCH NORTH 3,2° 19' WEST, ]58o16 FEET;
THENCE ALONG SAID CENTER LINE OF SAID DITCH NORTH 10° 59~ WEST,
395.52 FEET; THENCE ALONG THE CEt,/I'ER LINE OF SAID'DITCH NORTH 28°
3l~~ WEST, 60°45 FEET; THENCE ALONG THE CENTER LINE OF SAID DITCH
NORTH 46'" 10" WEST, 45]o64 FEET~ THENCE ALONG THE CENTER LINE OF
SAID DITCH.DUE WEST 4~066 FEET TO THE POINT OF BEGINNING,, ...
ALSO EXCEPT THE FOLLOWING DESCRIBED PARCEL OF LAND:'
BEGINNING AT A POINT IN THE WEST LINE OF THE SOUTHWEST QUARTER OF
THE NORTHWEST QUARTER OF SAID SECTION lZ~ DISTANT FRO,'.I THE NORTHWEST
CORNER OF SAID SOUTI~EST QUARTER OF THE NOP, THWEST QUARTER,, SOUTH
24000 FEET; THENCE ALONG THE ~';EST LINE OF TIdE SOUTHWEST QUARTER OF
THE NORTI-f,'/EST QUARTER OF SAID SECTlOt,,, 1~-.~, SOUTtl 3h1,,03 FEET TO A
POINT 1.",! THE CENTE~ LINE OF A CERTAIN DITCH; THENCE AT F~iGHT ANGLES
ALONG THE CENTER LINE OF SAID DITCH° E,aST 41.66 FEET; THENC~/~L!,')~,'G
EXHIBIT 'A- 9,
THE CENTER LINE OF SAID DITCH, SOUTH L~6° 10' EAST, 358.11 FEET; "'
THENCE PARALLEL WITH THE WEST LINE OF T~tE SOUTHWEST QUARTER OF THE.
NORTHWEST QUARTER OF SAID SECTION 1L~, NORTH 587o13 FEET TO A POINT
WHICH LIES DISTANT FROM THE NORTH LINE.OF SAID SOUTHVEST QUARTER OF
THE NORTHWEST QUARTER, SOUTH 2b~oO0 FEET; THENCE PARAI. LEL WITH THE
NORTH LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 14~ NORTH 89° 38J WEST, 300°00 FE. ET TO THE POINT OF BEGINNING.
ALSO EXCEPT 50 PER CENT OF ALL OIL, GAS AND OTHER HYDROCARBON
SUBSTANCES AND MINERALS, AS RESERVED IN TIE DEED FROH J. Rp DO~SEY,
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 OR THE SOUTHWEST
QUARTEP, OF SECTION 1~, 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 ~, WITH THE
· VIEST LINE OF THE EAST HALF OF THE EAST HALF OF THE EAST HALF
OF THE NORTHWEST QUARTER OF LAST NAHED SECTION; THENCE (1)
SOUTHERLY ALONG LAST NAblED 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 SOUTH~,.;EST
QUARTER OF SAID SECTION 14~ THENCE (3) SOUTH 0° 36' z~]" WEST
ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF THE SOUTH'.'/EST
QUARTER OF SAID SECTION 14, A DISTANCE OF 53°435 FEET; THENCE
(4) FROM A TANGENT WHICH BEARS NORTH 87° ~3~ 31 ,~ WEST, NORTH;',~ESTER. Ly
ALONG A CIRCULAR CURVE CONCAVE TO THE NORTHEAST OF RADIUS 6055
FEET THROUGH A CENTRAL ANGLE OF ~0-54. z~2,, AN ARC LENGTH OF 519.064
FEET TO STATION "B" OF THIS DESCRIPTION; THENCE (5) TANGENT TO .LAST
NAi'IED CURVE NCRTH 82° L~8' 49" WEST.A DISTANCE OF 179°279 FEET TO
A POINT IN THE NOF~.TH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION
lb,; THENCE (6) NORTH 8~° Ol~ ~4'~ WEST ALONG LAST NAMED ~.ZO~TH LINE
A DISTANCE OF 3o0z~5 FEET, MORE OR LESS. TO A POINT WltlCH BEARS
.SOUTH 89° 01 ~ 44" EAST A DISTANCE OF 622o41 FEET FROH THE NORTHWEST
EXHIBIT A
C.L'~RNER OF THE SOUTi--MESI' QUART-ER C'F SAID SECTION Ih.; THE:;CE
(7) NORTH 29° 31~ zt.l~.,, WEST A DISTANCE OF 100,,t~.60 FEET; TEEI'~CE
(8) NORTH 38° h. 11 z.,.,h..', 'dEST, A DISTANCE OF L~2,807 FEET,
OR LESS, TO A POINT DISTANT 110 FEET NORTHEAST OF AS MEASURED
AT RIGHT' ANGLES TO SAID COURSE (5) AND EXTENSIONS THEREOF;
THENCE (.9°) SOUTH 82° ,/;.8I' 4-9" EAST AND PARALLEL WITH SAID.
COURSE (5) AND EXTENSIONS THEREOF A DI.'j;TANCE OF 273°098 FEET,
I-'IORE OR LESS; TO A POIt','T IN A RADI. AL THROUGI! S/,.ID ST,,~TI ON
~'B'J; T~IENCE (]0) SOUT~IEASTEF~i.y AI_'OI,I(; A TAIlGENT C:F;.CUI.Af{
CURVE OF RADIUS 5cp-~5 FEET CO,~CENTRiC WITH SAID COURSE !.;~)
AND A CO,"IT INUATi ON THEREOF THR. OLIGH A CENTRAL AHGLE OF
12' 55~' AN AR.C LENGTH OF 64L.~oB~jF~ FEET TO A POIttT OF TA.~I~ENCY
WITH THE NORTH LINE OF THE SOUTH 55 FEET OF THE NORTHWEST
QUARTER OF SAID SECTION ~.-'~; THENCE (l ~) SOUTH 89° 0]' ~L~,,
. EAST ALONG LAST NAHED NORTH LINE TO THE POINT OF BEGINNING,
AS CONDEMNED FOR COUNTY ROAD PURPOSES BY DECREE RECORDED
APRIL 7, ~966 IN BOOK 3937 PAGE 361 OF OFFICIAL RECORDS~
EXCLUDING FROM SUCH EXCEPTION ALL OIL, OIL RIG:-ITS, ,"IINERAI_S.
MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS. ANO OTHER
HYDROCARBONS BY WHATSOEVER NAHE KNOWN THAT/'lAY BE VIITHIN
OR UNDER THE PARCEL OF I_AND HEREIHABOVE DESCRIBED, TOGETHER
WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND
OPERATING THEREFOR AND REMOVING THE SANE FROH SAID LAND OR ANY
.OTHER LAND, INCLUDING Tile RIGHT TO WHIPSTOCK OR DIRECTIONALLy DRILL
.AND NINE FROM LANDS OTHER THAN THOSE HEREINABOVE DESCRIBED, OIL
OR GAS WELLS TUNNELS AND S,LIAFTS INTO. THROUG~t OR ACROSS THE
SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED, AND TO DOTTON
SUCH WHI PSTOCKED OS< DIRECT I ONALLY DR I LLED WELL.~ ~ TUNNELS AND
SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIHITS THEREOF,
AND TO REDRILL, RETUNNEL, EQUIP, t'IAINTA.IN, REpAi.~-~, DEEPEN AND
OPERATE ANY SUCH WELLS OR HINES. WITHOUT HOWEVER THE RIGHT
TO DRI LL~ HI NE, EXPLORE AND OPERATE TH~OCIGH I'HE S~RFACE 0,9, THE
UPPER 500 FEET OF THE SUBSURFACE OF THE LAND PIEREINA8OVE
DESCRIBED OR OTHERWISE IN SUCH HAMMER AS TO ENDANGER THE
SAFETY OF ANY HIGHWAY TH'AT HAY BE CONSTRUCTED ON SAID LANDS.
ALSO EXCEPT.50 PER CENT OF ALL OIL, G~,'S'.AHD OTHER FYDROCARBON
.SUBSTANCES AND HINERALS. AS RESERVED IN THE DEED FROM J.
DORSEY, ET UX. ET AL, TO FRANK DELFIHO, ET AL, DATED JANUA::~Y
25; 195.'; RECORDED FEBRUAI{Y 18' 1.~55 IN BOOK 2.372 ~'AGE 2C, O OF
OFFICIAL RECORDS,, '
ALSO EXCEPT ANY PORTION VIITHIN PAP, CEL HAP HO./~20G.
F.. I-tIBIT _&
ALSO EXCEPT that portion of the Northwest ¼ of the
~outhwest ¼ 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
¼ 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.
Cox,Wc-~~O a~er-es.
EXHIBIT A -5