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HomeMy WebLinkAboutRES NO 27-78RESOLUTION NO.~27-78 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD DETERMINING PETITION FOR CANCELLATION OF LAND USE CONTRACT UNDER THE WILLIAMSON ACT AS TO THE DESCRIBED PORTION OF LAND. WHEREAS, Lowell L. Costerisan, Ray R. Costerisan and Hale H. Costerisan, on December 30, 1977, 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 28, 1968, recorded in Book 4165 at Page 674, Kern County Recorder's Office, and which land is located in County of Kern Agricultural Preserve Nos. 10 and 11; and WHEREAS, the parcels' of land with respect to which cancellation is now sought consists of approximately 75 acres of the property described in the petition and is more particularly described in Exhibit "A", and approximately 20 acres of such property, more particularly described in Exhibit "B", attached hereto and made a part of this Resolution as though fully set forth herein; and WHEREAS, the petitioners base their request for cancellation and allege, that the proposed future use of the parcels of land is residential 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. 1-78, has fixed a time and place for hearing said matter, 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 continued until March 15, 1978 and duly conducted, 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 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 full cash value of the parcel of land described in Exhibit "A", 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 $432,500.00, and that the most recently announced county assessment ratio is 25%, and that the cancellation valuation of said land is $108,130.00, and that the cancellation fee is 50% of this value or $54,065.00, 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; and WHEREAS, the said Assessor has similarly determined the full cash value of the parcel of land described in Exhibit "B" as though it were free of the contractual restriction, and has certified to this City Council that the amount thereof is $264,000.00, and that the cancellation valuation of said land is $66,000.00, and that the cancellation fee is 50% of this value or $33,000.00; and WHEREAS, the total cancellation fee for properties described in both Exhibits "A" and "B" is in the sum of $87,065.00. 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 find and determine: (a) That continued dedication of the land described in attached Exhibit "A" and Exhibit "B" to agricultural use under contractual restrictions is not necessary for the purposes of the Williamson Act; and (b) That the proposed cancellation is not inconsistent with the purposes of said Act; and That the proposed cancellation is in the public (C) 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 (b) of Section 51283 of the Government Code, is the total sum of $87,065.00 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, subject to the payment of the total cancellation fee hereinabove mentioned. 5. That this Council hereby determines to require pay- ment in full of the cancellation fee prior to cancellation becoming effective. Said cancellation fee shall be paid in full not later than 180 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 total cancellation fee has been paid in full. 6. Upon payment of said total 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. 7o 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", and Exhibit "B" attached hereto and by this reference incorporated into the body of 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 Resolution to the State Controller, Assessor, Auditor-Controller, Treasurer and Planning Director of Kern County and to the petitioning property owners. 000 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 t~dkh~(~'1, CHRISTENSEN, MEDDERS, PATTY, ROGERS, SCEALES, STRONG NOES: COUNCILMEN: ABSENT: COUNCILMEN: ABSTAINING COUNCILMEN: CITYL~~fan ficio Clerk o Council of ~~Bakersfieldf th f , 1978 APP~le~ED.,~'' is'l,Sl.t:h--~day o March, ;' ~ ~-? ~ A ~ ~ i~2,~ . h~"l~ity of Bakersfield APPROVED as to form: the CITY ATTORNEY o~t akersfield HERBERT E. ROBERTS A~essor, County of Kern Administration and Cour~ Building 1415 Truxtun Avenue Bakemfield, California 93301 Telephon~8O5) 861:2311 March 10, 1978 The Honorable City Council City Hall 1501 TruxtunAvenue Bakersfield, California 93301 Re: Cancellation of land Use Contract (H.'H. & L.L. Costerisan) Gentlemen: In response 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 California, being a portion of Assessor's Parcel Number 338-040-22 . (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 432,500 ; and that the most recently announced County assessment ratio is 25%; and that the can- cellation waluation of said land is 108,130 ; and that the cancellation fee is 50% of this ~value or 54,065 . · Very truly yours, ~~ssessor Arthur W. Tarrence, Senior Appraiser AW /cg (:E) .TI:!AT' PORT-ION OF THE SOUTH-HALF OF THE SOUT:tEAST. QUARTER OF' :SAID SECTION 1Lt DESCR-IBED AS FOLLO',.IC,' '- "BEGINNING AT THE SOUTHEAST COR,~.ZER OF 5AID-SOUTH ;IALF 'OF Tile SOUTHEAST 'QUARTER; THENCE NORTH ALONG T:tE.EAST LINE OF SAID SOUT:m .--HA.LF OF THE. SOUTHEAST QUARTER ~55,87 .FEET.; THE'HCE W. EST AT RIGHT Ar~LES 3~..00 FEET TO THE 'TRUE POIHT OF BEGIH:'iII, IG AND ALSO THE ~ORTH.EAST- CORNER OF THAT PARCEL OF LAND CONVEYED TO PIUf. E PACKING COI4PANY FsY. DE~D RECORDED 'IN BOOK .I414' PAGE 256 OF OFFICIAL RECORDS'.: T~fE:,ICE '-. NORTH. 150.0.0 FEET ALONG A LINE PARALLEL TO AND 3-0.00 FEET WEST OF SAID EAST LINE OF THE SOUTH HALF OP THE SOUTI-.~t-iEST QUARTER: THENCE WEST AT RIGHT A'NGLES 648.23'FEET; THENCE SOUT.'-i AT RIGHT ANGLES 3q~;.2~ FEET TO A POINT 'IN THE NORTIt'LINE OF THE SOUT."!ERN PACIFIC RAILROA,r) AS-PHALTO BRA,~CH; THENCE EASTERLY A . SAID 'RI OF- :':AY A~,~D A' CURVE . · LO:'JG · GHT. CONCAVE TO THE I'IORTHWEST HAVING A DELTA OF 2' DEGREES 39. MINUTES ~.5 SECONDS A RAD.IUS OF 5679.69 .FEET THROUG."I AN ARC DISTANCE OF "FEET TO TIlE HOST WESTERLY CORNER OF SAID PROPERTY CONVEYED TO PIUTE 'PACKING' COMPANY: THENCE ALONG THE NORTH;'1ESTERLY LINE (iF-SAID PROPERTY CONVEYED TO SAID PIUTE 'PAC$CI-~-.'c- ~Or4PANY NORTli 62 DEGREES- · 17 ,'vilNUTES 30 SECONDS EAS. T, 270.00 FEET; THF:NCE NORTH ~4 DE~';REE.~ 9.2 MINUTES 30'SECONDS EAST,179. 50 FEET TO THE TRUE POINT OF.3EG]NNING. (:F), THAT 15ORI:ION' OF THE SOUTH .(IALF.OF' THE SOUTHEAST nUARTER OF SAID SECTION 1.4, DESCRIBED AS 'FOLLOWS: .. : ... · : . "BEG|'NNING AT THE NORTHe.lEST CORNER' OF THE PROPERTY CONVEYED TO J, · T. CHAMBIZESS AND KING CtlAM.'3LESS BY- TERESA DADO AS RECORDE'D. IN liDOK 1):11 PAGE- 497 OF 'OFFICIAL RECORDS. SAID POINT ,5[--:ING NORTH ALON~, THE EAST LINE OF SAID.SECTION. lq, 505.87 FEET AND :-lEST 678.23. FEET FRO~ ]'H.E SOUTHEAST CORNER OF SAID· SECT'ION 1~; ;I'HENCE ;-~E'ST FEET; .THENCE SOUTH 390.11 FEET TO A POINT Ii,1 Tile ,"IORT. i'/LINE OF "' .THE SOUTH~-RN. PACIFIC RAILROAD RIGHT OF WAY,~ ASPHALTO BRANC.~I:' 'THENCE SOUTH 89 DEGREES 4~t HINUTES 30 SECONDS EAST, 1,0~t3.28-. · FEET TO THE BEGINI'I]t'*IG OF A CURVE COi'~CAVE TO Tl~I':. NORTHWEL, T-HAVING A DEI~ OF I DEGREE 3h HII',IUTES 53 SECO:-tDS A:ID A RADIUS -'3F FEET; THENCE EAST-ERLY ALONG SAiF., .CU;J, VE 15~.7ra FEET TO Tile SOUTHWEST CORNER OF SAID CHAMBLESS PROPERT:I;, THENCE NORT.'*I 393~3G FEET TO THE POINT OF BEGINNING. ..-..C '.. (:G) BEGINNING' AT A POINT 505 g7-FEET NORTil OF TliE-SOUI:t!'F-A'ST. - ' · CORNF. R' OF SAID SECTI'ON 14, ALO!'SG TilE. EASTERL.Y'LINE OF S~ID 'STECTION, THENCE NORI't4 ALONG THE EASTERLY LI:.IE 2r)0 .F.EET,' THE:'I ~;EST j ':~00 FEET ALONG A LINE .PARALLEL WITH ·Tile _r, OUTtiERLY LINE OF SAID SECTION, THENCE SOUTH 200 FEET AL(11"IG A LINE P.,-~RAELEL WIT:-! THE ~ J EASTERLY LINE OF SAID SECTION, THENCE Ez~ST 3ilg'FEET ALO;-iG A L'll'.,'E / 'PARALLEL W-ITH'THE.NORTttERLY. L|NE OF':-SAID SECTIO:-I TO Tile POI:-:T OF. :BEG I.NN I NG ' · " ZI'HE' SOUTHEAST QUARTER OF THE SOUTH>lEST QUARTER THE SOUT!; HALF OF THE SOUTH',:AST OUAP. T~R OF i4, TO%'I,~ISHiP 30 SOUTH, RANGE 27 EAST, ,tlOUNT DIA3LO MERlinfAN, .IN THE COU.~;TY OF KERN~. STATE. OE CALIFORNIA, ACCbP. DING TO T:~E OFFICIAL PLAT THEREOF. . -o .: .. · EXCEPT THE FOLLO;'IING PARCELS: " .".- --;. -('A) THE.EAST ~0 FEET. ' ' .-. ...(:B) THAT ~ORTION LYING ~qITHIN..'T~4E RIGI!T OF.WAY OF THE SOUTIIERN .PACI FI C RAILROAD COMPANY, · .. -. . . -. ;. CC) "THE FARMERS CANAL", . r · '.(D) THAT PORT.ION OF.THE SOUTHEAST qUARTER OF"T:-IE, S'6UT:!EAST QUA~TE.P, .i- -:. O~ SAID SEC'TION' 1~,, DESCRIBED AS FOLLOWS: "- i ' - · ".' . - - :o.e : -. ; -. . 7' . · · , .. ., -.- .: .BEGINNING AT THE SdUTHEAST COR;-/ER OF SAID SECTION It,; THERCE DUE NORTH ALONG THE EAST LINE OF SAID SECTION. 30~.00 FEET TO THE POINT OF INTERSECTION WITH' THE NORT;~ERLY RIG~iT OF :..SAY" LINE OF FARMERS CANAL: THENCE SOUTIt 62 DEGREES 35 MINUTES- :~0 SECONDS VIEST, ALONG-.SAID RIGHT OF ',.IAY t.I.F:E, 5~-7g FEET TC~ - THE'TRUE POINT OF BEGINNING.AND ~'IHICH I.~ DISTANT AT RIG-~IT A::GLES .1~-.. 30..q0 FEET 'FROM' SAID SECTION LINE; T~!ENCE DUE NORTH PARALLEL WITJi -,~ THE EAST LINE OF SAID SECTION~ 63.h2 FEET: THENCE SOUTH 5q DEGREES ~2 MINUTES ]0 SECONDS WEST, 179.50 FEET; THENCE SOUTH .G2 DEGREES .17 ~]NUTES '30 SECONDS WEST~ 270.00 FEET TO. A POINT IN THE NORTHERLY RIGHT OF ~'IAY' LIN~ OF SOUT~tER'N PACIFI'C RAILROAD ASPHALTO -BRANCH; THENCE= EASTERLY ALONG SAID RIGHT OF ~-tAY LINE OF SAID RAILROAD, ' A C I RCULAR CURVE, CONCAVE TOWA'RD 'NOR'T~I, CONCEH'FR I C' WLTH A i DEGREE CURV~ COMPRISING THE CENTER: L~NIE OF SAID RAILROAI~ AND D:STANT'-THEREFRO~4 50.00 FEET TOWARI) CE[-I'TER, 259.09-.FEET, LOHG '-CHO'RD BEARING r. JORTH 8~ DEGREES t~fl MINUTES EAST, TO POINT OF - "INTERSECTION WITH THE WESTERLY RIGHT OF :.lAY LINE OF FARHERS '~A..'IAC': THENCE ALONG THE WESTER'LY RIG!IT OF'WAY LINE OF SAID 'CAHAL, ~ORTH .G2.DEGREES' 35 MINUTES 30 SECONDS.. EAST ,- 1~,2.36 :.'FEET TO THE TRUE POINT OF BEGINr.,IING. .- ..... HERBERT E. ROBERTS 'Assessor, County of Kern Administration and Courts Building 1415 Truxtun Avenue Bakersfield, California 93301 Telephone {805J 861-2311 The Honorable City Council City Hall 1501 TruxtunAvenue Bakersfield, California 93301 Re: Cancellation of Land Use Contract (H.H.. & L.L. Costerisan) Gentlemen: In response 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 California, being a portion of Assessor's Parcel Number 338-040-12 . 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 264,000 ; and that the most recently announced County assessment ratio is 25%; and that the can- cellation v~luatio~ of said land is 66,000 ; and that the cancellation fee is 50% of this.value or 33,000 · · Very truly yours, ~~essor Arthur W. Tarrence, Senior Appraiser A /cg I! THE NORTH 10,0O:.ACRES OF,.THE SOUTHWEST QU'AR'TER OF THE SOUT. H:~;EST' ": OUARTE,~'~ND' THE'.SOUT-H 1O,00 ACRES'OF THE NORTHV;EST'QUARTER , OF THE SOUTHWEST O. UAP. TER OF SECTION t~ TO.WNSHIP' , ~ SOUTH~ RANGE 27 EAST~ HOUNT DIABLO Z%ER1D'IAN~ IN THE CITY OF , BAKEP-SFIELD> COUNTY OF .KERN~ STATE OF CALIFORNIA; ACCORDING TO THE OFFICIAL PLAT OF SAID LAND APPROVED.BY [HE SURVEYOR. GE~;ERAL, JU~iE . EXCEPT ONE HALF Of THE 0IL~ GAS AND OTHER ~YDROCARDON SUBS:IA~ICES A~D-MI~ERALS LYIN~ IN AND UNDER~ OR ~.IHICH t-lAY BE PRODUCED SA'I'D LAND FOR A PERIOD OF 15 YEARS ,FROM THE DATE OF EXECUTIOH 6F THIS GRANT DEED; PROV'iDED HOVlEVER~ THE GRANTOR~ HER SUCCESSORS' AND ASSIGNS~ SHALL-NOT CONDUCT DRILLING OR OTHER OPER. ATION UPON THE SU~F~CE OF SAID LAND~ BUT NOTHING HE2EIN'CONTAINED S~ALL BE ~EEMED TO PREVENT TIlE GRANTOR~ HER SUCCESSORS-AND ASSIG;~S FRO~.I .- EXTRACTING 'OR' CAPTURING SAID MINERALS BY D~ILLING ON ADJACENT OR .NEIGHBORI~G LA~]DS AND/OR FROM CONDUCTI~]G SUB-SURFACE OPERATIO~IS UNDER THE SAID LAND AT A DEPTH OF NO~E THAN 500 FEET A;ID IN SUCH ~NNER AS 'NOT TO DISTURB THE SURFACE TttEP, EOF OR Ally I~-IPROVE~.IE~-.iTS :THEREON~ AS RESERVED 1N THE DEED FROI-4 BE'RENICE ARNOT DATED. JANUARY- 1~ 1952~' RECORDED JANUARY 2}~ 19~7 IN BOOK 2722 PAG'E 21'0 ,. · · . . OFFICIAL RECORDS. ~ " .~ .