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Home My WebLink AboutRES NO 26-78RESOLUTION NO. 26-7a A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD DETERMINING AND CERTIFYING TO COUNTY OF KERN AUDITOR-CONTROLLER AMOUNT OF CANCELLATION FEE LANDOWNERS MUST PAY COUNTY TREASURERAS DEFERRED TAXES UPON CANCELLATION OF LAND USE CONTRACT AS TO PORTION OF LAND, UNDER THE WILLIAMSON ACT. WHEREAS, Lowell L. Costerisan, Ray R. Costerisan and Hale H. Costerisan, on December 30, 1977, filed with the Council of the City of Bakersfield a petition for cancellation of a Land Use Contract as 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 Exhibit "A" and Exhibit "B", attached hereto and made a part of this Resolution as though fully set forth herein; and WHEREAS, the said land has been and is under the jurisdiction of the City of Bakersfield since annexation thereof in 1969; and WHEREAS, the County Assessor of Kern County has determined the full cash value of approximately 95 acres of said land under contract as though it were free of the contractual restriction to be $696,500.00; the Assessor 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 said cancellation fee, which cancellation value, as so determined, is $174,130.00; and WHEREAS, Section 51283 of the Government Code requires that the City Council determine and certify to the County Auditor- Controller the amount of the cancellation fee which the landowners must pay to the County Treasurer as deferred taxes upon cancellation prior to giving tentative approval to the cancellation of the contract as to the described portion of land, which fee is 50% of the said cancellation value. Exhibit "A" and Exhibit "B", attached hereto, contain the Assessor~s valuation. 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 landowners must pay the Treasurer of the County of Kern as deferred taxes upon cancellation is, $87,065.00. 2. That a copy of this Resolution shall be transmitted by the City Clerk to the Auditor-Controller and Treasurer 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 ,B.A.~(~, CHRISTENSEN, MEDDERS, RATTY, ROGERS, SCEALE,S, ,SI'RONG NOES: COUNCILMEN: ~ · ABSENT: COUNCIT'~N: ABSTAINING COUNCILMEN: APPROVED this 15th day of March, 1978 / - APPROVED as-to form: CI~ ~ORNEY o~~ Bakersfield TT ,-~ HERBERT E. ROBERTS Assessor, Co. unty of Kern Administration and Courts Building 1415 'l'ruxtun Avenue Bakers~ield, California 93301 Telephone (805) 861-2311 March 10, 1978 The Honorable City Council City Hall 1501 TruxtunAvenue Bakersfield, California 93301 Re: C~ncellation of Land Use Contract (HoHo & LoLo 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 valuation of said land is 108~130 ; and that the cancellation fee is 50% of this value or 54,065 . .Very truly yours, H bert E. Ro~e, , ~ / ~ Assessor Arthur W. Tarfence, Senior Appraiser AWT/cg EXtI/s "A" . ([E) .T'FIAT' PORT-IDol' OF TI4E SOUTH.HALF OF T~4E SOUT:tEAST~ QUARTER :IF' · SAID SECTION 1~, DESCR-IDED AS FOLLO;.IS: .. -. "BEGI~INING AT THE SOUTHEAST COR,~.IER OF SAID.SOUTH IIALF 'OF TflE - j SOUTHEAST 'QUARTER; THENCE NORTH ALO[,'G T:tE-EAST LINE OF SAID SOUT;; --'HAkF OF THE. SOUTHEAST-QUARTER 355,87 .FEET.; THE'HCE %.LEST AT RIGFiT AF~L~SI ~0.,00 FEET TO THE TRUE POIHT OF EIEG[t.h'iIHG A~.I,q. ALSO THE ~ORTH.EAST.' '! CORNER OF TttAT PARCEL OF LAtlD CONVEYED TO PIU'~.E PACKI~,IG COt-:PA~Y .-'~Y. DE~D RECORDED ~N BOOK .I~+lLr PAGE 256 OF OFFICIAL RECORDS'; T~tE4CE ,. NORTI-:I. 150.0.0 FEET ALONG A LINE PARALLEL TO AND 3'0.00 FEET %IEST OF SAID EAST LINE OF THE SOUTH HALF OF THE SOUTF::-jEST QUARTER: T:-!ENCE WEST A.T RIGHT A~4GLES 6~,23'FEET; THENCE SOUT:t AT RIGitT AJ.IGLES 3q~,2~ FEET TO A POINT -IN THE NORTIt'LINE OF 'THE SOUTHERN PACIFIC RAII~ROAD AS-PHALTO. BRAh~CH; THENCE-EASTERLY ALO;.)G SAID:RIGHT.OF ;.:AY Arid A CURVE CONCAVE TO THE NORTH~VEST HAVING A DELTA OF 2' DEGRF. ES 39. ~41NUTES 55 SECONDS A RAD.IUS OF 5679,Bg.FEE'T TfiROUG,tl AN ARC DISTAI~CE OF FEET TO TliE MOST 'AESTERLY CORNER OF SAID PROPERTY CONVEYED TO P'IL;TE 'PACKING' COhIPANY: THENCE ALONG THE NORT~i:.IESTERLY LINE (~F-SALE) ":- PROPERTY CONVEYED TO SAID PIU-TE 'PACKINr, ~OFIPANY NORTIt 62 D',~GR[ES- 17 '.~INUTES 30 SECONDS EAS. T, 270°00 FEET; THErICE NORTH 5t~ DEr&REE~ .9.2 .I41.NUTES ~0 SECONDS EAST#IT9.50 FEET TO THE TRUE POIi'IT OF.BEGINNING° (F). THAT I~OR'i;ION' OF THE SOUTH HALF-OF' THE S(3UTHEAST nUARTER OF SAID SECTION 1.4, OES. CRIBE'D AS 'FOLLO;.IS: ° ..-- . : - . BEGINNING AT THE NORTH~-I~ST CORNER OF THE PROPERTY CONVEYED TO ,J. ' T. CHAMBCESS AND KING CtlAM~LESS BY- TERESA .DADO AS REC.ORD!Z'D. I~ -~]OOK ' 1711 PAGE 497 OF 'OFFICIAL RECORDS. SAID POINT 5EI~IG NORTH ALOI';~. THE' EAST LINE OF SAID-SECTIO~I. lt~# 505.87 FEET AND :-lEST 678.23.FEE'1' FROM TH.E SOUTHEAST CORi~.IER OF SAID· SECTION 1~; ;I'HENCE :.IF'ST FEET; .THENCE SOUTH 390.~1 FEET TO A POINT IN THE :IORT. ii LINE OF "' .THE SOUTH~-RI'I. PACIFIC RAILROAD RIGHT OF ~,/AY~ ASPHALTO BRA.~,IC.~I:' 'THENCE SOUTH 89 DEGREES 4~t HINUTES ~0 SECt'INDS EAST, · FEET TO THE BEGINNING OF A CURVE CO~.'~AVE TO T~{E. NORTH'..IEL, T-HAVING '/ A DEL~ OF 1 DEGREE ~4 [4II'IUTES 53 SECO:-fDS A~I() A RADIUS '{.1F 5~7~.t:6~I FEETj THENCE EAST-ERLY ALONG SAiD .CUP. VE 156.7r~F+EET TO TttE "1 SOUTHWEST CORNER OF SAID CHAt4BLESS PROPERT:;'; T~IENCE NORT.~! FEET t'O THE POIJlT OF BEGINNING. .- ..~. (2G) BEGINNING' AT A POINT 505.87-'.FEET NORTJl OF' TltE-SOUTt!EAST- CORNER' OF SAID SECTI'O[I 14.. ALONG TILE-EASTERLY'L!I'iE OF'S~ID 'SECTION, THENCE NOR'Ftt ALOrlG THE EASTERLY LI;-IE 2'10 .F.EET,' T~::-I '~;EST ':~00 FEET ALONG A L![,~E .PA~ALLEL 'zllTH 'T~IE SOUTHi:RLY LIJ~E OF SAID SECTION, THENCE SO~JTH 200 FEET ALOFIG A LINE PA.RA!'LEL '~IIT-:I THE '/ EASTERLY LINE OF SAID SECTION~ THENCE E~ST 3IIO'FEET ALO~-iG A L'I[..'E 'PARALLEL I,'/.ITH'THE-t'IORTttERLY. LINE OF° :-SAID SECTIO:-I TO Tile POI;-~T OF. / - EXCEPT THE FOLLO;.I[NG PARCELS: -('A) THE-EAST 30 FEET. THE SOUTHEAST QUARTER OF THE SOUTH'..IEST .QUARTEP, .THE SOUTH HALF OF THE SOUTHEAST OUAP. T~:R OF S[.CTIOH 14, I'OVI,',ISHiP 30 SOUTH# RANGE 27 EAST, NOUN'i: DIA3tLO MERIDIAN," .IN THE COU:4TY OF KERN;. STATE.OE C~.LIFORNIA,-ACCbRDING 1'O TH[: OFFICIAL PLAT THEREOF. .: THAT PORTION LYING ~,/ITHIN.-'T~E RIGI!T OF-~'AY OF THE SOUTilFRN -PACI FI C RAILROAD COt.IPANY. , _ CO) "THE FARMERS CANAL", ' ' .- " '(:D) THAT PORT.ION OF .THE SOUTHEAST QUARTER OF" T:4E S'C~UT:IEAST nUA~TER --. O~: SAID SECTION' ZLt DESCRIBED AS FOLLO~S' '!' ' ' , - .o . .~ .--.. .. . :' :- . .BEGINNING AT THE SdUTHEXST CORNER OF SAID SECTION ]q; THERCE DUE NORTH ALONG THE EAST LINE OF SAID' SECTIC)N. ']0~.00 'FEET TO THE POINT OF INTERSECTION WITH' THE NORTIIERLY RIGtiT OF ~.~AY" LINE OF FARMERS. CANAL; THENCE SOUTIJ 62 DEGR.EE5 35 MINUTES- " ]0 SECONDS VIEST ALONG-.SAJD RIGHT OF VlAY t_INE ~ 7g FEET TO THE'TRUE POINT OF BEGiNNING.AND ~-~HICH 1~ DISTANT AT RIG~IT A~GLES - .:~-.. 30..q0 FEET 'FROM' SAID SECTION LINE; TFIENCE DUE NORTH"PARALLEL -,~ THE EAST LINE OF SAID SECTIONs. 63.q2 F~T: THENCE SOUTH 5q DEGREES 02 MINUTES 30 SECONDS ~EST, 179-50 FEET; THERCE SOU-TH .82 DEGREES · . .17 ~1NUTES ']0 SECONDS %~EST~ 270.00 FEET TO A POINT IN THE NORTHERLY RIGHT OF ~'IAY' LIN~ OF SOUTitERN PACIF'I'C' RAILROAD ASPHALTO · BRANCH; THENCE: EASTERLY ALONG SAID RIGHT OF ~-~AY LINE OF SAID RAILROAD~ ' A CIRCULAR CURVE, CONCAVE TO~¢A'RD 'NOR'T~I, tONC~NTRIC' ~TH A i DEGREE CURV~ COMPRISING THE CENTER: L]NE OF SAID RA[LROA[.~ AND D]STANT"THEREFRO~ 50.00 FEET Tg%-IARI) CEi.I'TER, 259.Og-.FEET, LOHG ,.J -: CH~RD BEARING NORTH 8~ DEGREES ~,O MINUTES EAST, TO P'OI~IT OF ' . -' ' INTERSECTION '~ITH THE ~'iESTERLY RIGHT OF ~:I~Y LINE OF FARI4ERS 'dANAC: THENCE ALONG THE ~ESTER'LY RIGHT OF '~AY LINE OF SAID 'CAHAL, :~ORTH .62 DEGREES'. ]5 MINUTES }O SECONDS-.. EAST,- 1~,2.]6 C'FEET TO THE TRUE '/ POINT OF BEGINNING. .-. , HERBERT E. ROBERTS Assessor, County of Kern Administration and Courts Building 1415 Truxtun Avenue Bakersfi~id, California 93301 Telephone (8051 861-2311 The Honorable City Council City Hall 1501 Trux~un Avenue Bakersfield, Celifornia 93301 Re: Cancellation of I~nd Use Contract (HoHo & 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 respec~ 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 valuation of said land is 66,000 ; and that the cancellation fee is 50% of this value or 33,000 · · Very truly yours, Z~sE 8 s o r Arthur W. Tarfence, Senior Appraiser // THE NORTH 1O.00]._ACRES OF,.THE SOUTHWEST "QUAR'TER OF THE .$OUT. H;~fEST' ()UA.~,TE,~-AND THE' .SOUTH 10, O0 ACRES 'OF THE NORTHWEST" QUARTER OF THE SOUTHWEST qUAP. TER OF SECTION 1'4, TO.~qNSHIP ' )O SOUTH~ RANGE 27 EAST~' b1OUNT DIABLO IIER1DIAN~ IN THE CI'FY OF BAKErSFIELD> COUNTY OF .KERN; STATE OF CALIFORNIA; ACCORDING TO ~HE OFFICIAL PLAT OF SAID LAr4D APPROVED.BY THE SURVEYOR. GE~ERAL, JUHE . EXCEPT O~:E HALF OF THE OIL, GAS AND 'OTHER. RYDROCARBOr~ SUBS~TAHCES A~D-MI~E~ALS LYIN~ IN AND UNDER, OR VlHICH t4AY BE PRODUCED FROK SA'I'D LAND FOR A PERIOD OF 15 YEARS ,FROM THE DATE OF EXECUTIOH 'OF THIS G~ANT DEED; PROVIDED HOWEVER, THE GRA~ITOR, HER SUCCESSORS AND ASS~G;-45, SHALL-NOT CONDUCT DRILLING OR OTHER OPER, ATION UPON THE SU~F~CE OF SAID LA~ID, BUT NOTHING HEREIN-CO~JTA~ED SEALL BE DEEMED TO PREVENT THE GRAi-~TOR, HER SUCCESSORS 'AND ASSIG~4S FROJ.t .- EXT~ACTI~G OR-CAPTURING SAID [41NERALS BY DRILLI~:G O~..1 ADJACEr~T OR .NEIGHBORI~G LANDS AND/OR FROr4 CO~-~DUCTI:JG SUB-SURFACE OPERATIO~IS UNDER THE SAID LAND AT A DEPTH OF NO~E THA~-~ 500 FEET A;ID IH SUCH F~:iER AS 'NOT TO DISTURB THE SURFACE THEP, EOF OR. ArlY Ir4PROVE~-~E~..~T5' 'THEREON, AS RESERVED IN THE DEED FROI'4 B(RE~-IICE ARHOT DATED. JAr.;UARY- 14, 1957~' RECORDED JANUARY .; -. OFFICIAL' RECORDS. 1855