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HomeMy WebLinkAboutRES NO 9-78 RESOLUTION NO. 9-78 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD SETTING DATE AND PLACE OF PUBLIC HEARING IN MATTER OF PROPOSED CANCELLATION OF LAND USE CONTRACT WITH RESPECT TO PART OF LAND, UNDER THE WILLIAMSON ACT AND DIRECTING CITY CLERK TO GIVE NOTICE IN ACCORD WITH SECTION 51284 OF THE GOVERN- MENT CODE. WHEREAS, Frank, James and Tony Delfino, on January 26, 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), and which land is located in County of Kern Agricultural Preserve No. 10 and 11. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. That in accordance with the provisions of the Williamson Act, a public hearing on the Petition of Frank, James and Tony Delfino is hereby set for Wednesday, the 15th day of March, 1978, at the hour of 8 P. M. or as soon thereafter as the matter may be heard, at the Council Ckambers in City Hall, 1501 Truxtun Avenue, Bakers- field, California; and 2. That the City Clerk is hereby directed to give notice of the hearing in accordance with Section 51284 of the Government Code; and 3. That the notice as aforesaid shall be in substantially the following form: NOTICE OF PUBLIC HEARING In the Matter of Proposed Cancellation of Land Use Contract with Respect to Part of Land, Under the Williamson Act. NOTICE IS HEREBY GIVEN that the Council of the City of Bakersfield has fixed Wednesday, the 15th day of March, 1978, at the hour of 8 P. M. or as soon thereafter as the matter may be heard, at the Council Chambers in City Hall, 1501 Truxtun Avenue, Bakersfield, california, as the time and place for a public hearing on the matter of the petition filed by Frank Delfino, James Delfino and Tony Delfino, for cancellation of a Land Use Contract with respect to a portion of the land under such contract, which contract was entered into between the petitioners and the County of Kern on February 28, 1968, and recorded in Official Records in Book 4165 at Page 688, Kern County Recorder's Office. The land for which cancellation is sought consists of approximately 140 acres located in Agricultural Preserve No. 10 and 11, located in the City of Bakersfield since annexation thereof in 1969, and more particularly described in Exhibit '~" attached hereto and incorporated in this resolution by such reference as though fully set forth herein. Said petition is on file with the City Clerk of the City of Bakersfield at City Hall, 1501 Truxtun Avenue, Bakersfield, California, and may be examined by any interested person during regular office hours. Said hearing will be held and conducted pursuant to the provisions of Government Code Sections 51280 - 51285. The owner of any property located in the City in which Agricultural Preserve No. 10 and 11 is situated may protest such cancellation. Dated this 1st day of February , 1978. Cit cio Clerk of the Council of the City of Bakers field i DESCRI PTI ON: 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'WEST 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 EXCEPTI'NG THE FOLLOWING DESCRIBED PARCEL: BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF THE SOUTH 55 FEET OF THE NCRTHWEST QUARTER OF SAI0 SECTION 14, WITH THE VIEST LINE OF THE EAST HALF OF THE EAST HALF' OF THE EAST HALF OF THE NCRTHWEST QUARTER OF LAST NAMED SECTION; THENCE (~) SOUTHERLY ALONG LAST NAMED WEST LINE TO A POINT IN THE SOUTH LINE OF THE NORTHWEST QUARTER OF LAST NAMED SECTION; THENCE (2) NORTH 89 DEGREES O1 MINUTES 44 SECONDS WEST, ALONG LAST NAMED SOUTH LINE TO THE NOP, THWEST CORNER OF THE NORTHEAST QUARTER OF THE SOUTF6'IEST QUARTER OF SAI0 SECTION 1,h.; THENCE (3) SOUTH 0 DEGREES 36 MINUTES L. 1 SECONDS WEST ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION A DISTANCE OF 53oz+35 FEET; THENCE (4) FROM A TANGEHT WHICH BEARS NORTH 87 DEGREES 43 MINUTES 31 SECONDS WEST, NORTHWESTERLY ALO/'~G A CIRCULAR CURVE CONCAVE TO THE NORTHEAST OF RADIUS 6055 FEET Tr~20UGH A CENTRAL ANGLE OF 4 DEGREES 54 MINUTES 42 SECONDS AN ARC LENGIH 0F' 519o064 FEET TO STATION J'B" OF THIS DESCRIPTION; THENCE (5) TANGENT TO LAST NAMED CUR. VE NORTH 82 DEGREES 48 MINUTES 49 SECONDS WEST A DISTANCE OF 179o279 FEET TO A PCINT IN THE f'IORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTICN 14; THEt'ICE (6) NORTH 89 DEGREES O1 MINUTES 44 SECONDS WEST ALON.G 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 622o41 FEET FROM THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 14; THENCE (7) NOR. TH 29 DEGREES 31 MINUTES ZF4 SECONDS WEST A DISTANCE OF 100°460 FEET; THENCE (8) NORTH 38 DEGREES 41 MINUTES 44 SECONDS WEST A DISTANCE OF 42°807 FEET, MORE OR. LESS, TO A POINT DISTANT ll0 FEEF HORTHEAST OF AS MEASURED AT RIGHT ANGLES TO SAID COURSES (5) AND EXTENSIONS THER'EOF; THENCE (9) SOUTH 82 DEGREES 48 MINUTES 49 SECONDS EAST AND PARALLEL WITH SAID COURSE (5) AND EXT'ENStONS THEREOF A DISTAI'iCE OF 273,038 FEET, MORE OR LESS, TO A POINT tN A RADIAL THROUGH SAiD STAT!0,"I THENCE (10) SOUTHEASTERLY ALONG A TANGENT CIRCULAR C.URVE OF RADIUS 5945 EXHIBIT FEET CONCENTRIC WITH 2AID COURSE (L,,_) AN[) A CONTINUATION THEREOF THROUGH A CENTRAL ANGLE OF 5 DEGREES 12 HZNUTE.-i 55 SECOND5 At',[ ARC LENGTH OF" g+b,-.8S6 FEET TO A PONT OF TANGENCY WITH THE NORTH L~NE OF THE SOUTH 55 FEET OF THE NORTH"lEST qUARTER OF 5AZD SECTION I~; THENCE (]i) 50UTH 89 DEGREES O1 M, INUTES :,L~ SECONDS EAST ALONG LAST NAMED NORTH LINE TO.. THE. POINT OF BEG t NN 1NG. ALSO EXCEPT ANY PORTION WITHIN PARCSL HAP N0. 3615. PARC E L 2: THE SOUTHWEST qUARTER OF THE NORTHWEST QUARTER OF SECTION lb,, TOWNSHIP ]0 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 THE FOLLOWING OESCRIBEO PARCEL OF LAND: BEGINNING AT A POINT IN THE WEST' LINE OF SOUTHWEST QUARTER OF NORTh'WEST qUAP. TER OF SECTION qz+ AS ABOVE~ DISTANCE FRO/t NORTh%'~EST CORNER OF SOUTMWEST qUARTER OF NORTHWEST qUARTER OF SAiD SECTION 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 NORTHWEST QUARTER OF SAiD SECTION 14, SOUTH 959-57 FEET, MORE OR LESS, TO SOUT;-A4EST CORNER OF SOUTHWEST QUARTER OF · NORTHWEST QUARTER OF SAID SECTION; THENCE ALONG THE SOUTH LiNE OF · SOUTh'WEST QUARTE~{ OF NORTHWEST QUARTER OF SAID SECTION 'i4,, SOUTH 89" 39' EAST, 622.4: FEET TO A PO!NT !N THE CENTE.R. LINE OF A CERTAIN DITCH THE SAtdE AS ABOVE REFERRED TO; THENCE ALONG THE CENTER LINE OF SAID DITCH, NORTH 30"'-09~ WEST, ~00o46 FEET; THENCE ALONG THE CENTER.LINE OF SAID OITCH NORTH 39° 19~ WEST, ~58,,]6 FEET; THENCE ALONG SAID CENTER LINE OF SA!D DITCH NORTH I0" 59~ WEST, 395.52 FEET; THENCE ALONG THE CENTER L~NE OF SAID D[TCH NORTH 28':' 3Z~-~ WEST, 60.45 FEET; THENCE ALONG THE CENTEP{ LINE OF SAID DITCH NORTH 4~° '~0~ WEST, 45] .64 FEET~ THENCE ALONG THE CENTER LiNE OF SAID DITCH DUE WEST 41.66 FEET TO THE POINT OF BE(gINNING. ALSO EXCEPT THE FOLLOW2NG DESCRIBED PARCEL OF LAND: BEGINNING AT A POINT IN THE VIEST LiNE OF THE SOUTH\';EST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 1L~, DISTANT FRO,".I THE NORTHWEST CORNER OF SAID SOtjTI-{~',/EST qUARTER OF THE NORTHWEST qUARTER, SOUTH 2,L~-,.O0 FEET; THEt. ICE ALONG THE WEST LiNE OF THE SOUTHWEST QUARTER OF THE NORTH',','EST QUARTER OF SAID SECTION ~L.,., SOUTI-I 3b,.1..O3 FEET TO A POINT IN THE CENTER LINE OF A CERTAIN DITCH; THE,",'CE AT RIGHT At.~GLES ALONG THE' CENTER L!NE OF SAID DITCf{, 'EAST L~!.66 FEET; THENCE f~Lni':G iEXHiiBiT THE CENTER LINE OF SAID DITCH, SOUTH 46~ 10~ EAST, 398oll FEE'F; THENCE PARALLEL WITH THE WEST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST qUARTER OF SAID SECTION iL~, NORTH 587o13 FEET TO A PO!NT WHICH LIES DISTANT FROM THE NORTH LiNE OF SAiD SOUTH%VEST QUARTER OF THE NORThVEST QUARTER, SOUTH 2L~,00 FEET; THENCE PARALLEL WITH THE NORTH LINE OF THE SOUTHWEST qUARTiR OF THE NORTHWEST QUARTER OF SECTION 14~ NORTH 89° 38i WEST, 300¢00 FF=ET TO THE POINT OF BEGINNING, ALSO EXCEPT 5O PER CENT OF ALL OIL, GAS AND OTHER HYDROCARBON SUBSTANCES AND MINERALS, AS RESERVED IN THE DEED F~0M Jo R, DG~SEY, ET UXo~ET AL., TO FRANK DELFINO, ET ALo, DATED JANUARY 25, 1955 RECORDED FEBRUARY 18~ 1955 IN 800[~ 2372 PAGE 260, OFFICIAL RECORDS. PA,~CEL 3: THE NORTH 30 ACRES OF THE NCRTHWES.T QUARTER OF THE SOUTHWEST 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. EXCEPT ALL OF THAT PORTION DESCR;BEO 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 SOUTHERLY ALONG LAST NAMED WEST LiNE TO A POINT iN THE SOUTH LINE OF THE NORTHWEST QUARTER OF LAST NAMED SECTION; THENCE (2) NORTH 89° O1~ q.z+l~ WEST ALONG LAST i, IAMED SOUTH LINE TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE SOUTH~,';EST QUARTER OF SAID SECTION 14~ THENCE (3) SOUTH 0° 36~ 41'~ WEST ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF THE SOUTHe, VEST qUARTER OF SAID SECTION ~4, A DISTANCE OF 530435 FEET; THENCE (4) FROM A TANGENT WHICH BEARS NOF~.TH 87° 43~ 31'~ WEST, NORTHWESTERLY ALONG A CIRCULAR CURVE CONCAVE TO THE NORTHEAST OF RADIUS 6055 FEET THROUGH A CENTRAL ANGLE OF IF'~ 54:42'~ AN ARC LENGTH OF 51~o054 FEET TO STATION "B" OF THIS DESCRiPTiON; THENCE (5) TANGENT TO.LAST NAHED CURVE NORTH 82° 48~ z+9'~ WEST,A DISTANCE OF 179o272 FEET TO A POINT IN THE NOFLTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 14; THENCE (6) NORTH 8'-9° O1~ 44" WEST ALONG LAST NAblED NORTH LINE A DISTANCE OF 3.0~_5 FEET, r-iORE OFt LESS, TO A PO!NT WI~ICI~. BEARS SOUTH 89° O~~ 44" EAST A DISTANCE OF ~522~4! FEET FRO:'~ THE NOP, TH~./EST C.L~RNER OF THE SOUTHWEST QUARTER UF 5A!D SECT!ON !4; ' [7) NORTH 29" 3~~ ~z~,, WEST A DISTANCE OF 100.L~60 FEET; THENCE (8) NORTH ~8~ ~1' z~,-, WEST, A DIS'ANCE OF ~2,807 FEET, OR LESS~ TO A POINT DISTANT 110 F~ET NORTHEAST OF AS HEASURED AT RIGHT ANGLES TO SAID COURSE (5:' AND EXTENSIONS THEREOF; THENCE (9) SOUTH 82~ 48' ~9'~ EAST AND PARALLEL WiTH SA~D COURSE (5) AND EXTENSIONS THEREOF A DISTANCE OE 273~098 MORE OR LESS, TO A POINT IN A RADLAL THROUGI[ ST, ID 5T~TION ~'Bu~ I'~!~:NCE (]O) SOUT~IEASTERLY AL'ONG A TANGENT C]KCULAR CURVE OF RADIUS 59z~5 FEET CONCENTRIC W~TH SAID COURSE AND 'A COHT INUAT]ON THEREOF THROUGH A CENTRAL ANGLE OF 12' 55~' AN ARC LENGTH OF G~.BDG FEET TO'A POINT OF TAN':~ENCY WITH THE NORTH LINE OF THE SOUTH 55 FEET OF THE NORT~EST " QUARTER OF SAID SECTION 15; THENCE (1I) SOUTH 89~ O1' EAST ALONG LAST NAHED NORTH LINE TO THE POINT OF BEGINNING, · ~', AS CONDEMNED FOR COUNTY ROAD PURPOSES BY DECREE RECORDED ..:-:~:;. APRIL 7, 1966 tN BOOK 3937 PAGE 351 OF OFFICIAL RECORDS~ ~:~::72,':-.EXCLUDING FROM SUCH EXCEPTION ALL OiL, O~L RIGHTS, MINERALS, .... .~..' MINERAL RIGHTS NATURAL GAS NATURAL GAS RIGHTS AN0 OTHER :,~..~....~-HYDROCARBONS BY WHATSOEVER NAHE KNOWN. THAT ~AY BE WITHIN ~'A'k., OR UNDER THE PARCEL OF LAND HEREI NABOVE DESCRIBED, TOGETHER ~.(;U WiTH THE PERPETUAL RIGHT OF DRiL. LZNG, H!N~NG, EXPLORING AND :~;"~*' OPERATING THEREFOR AND REMOVING THE SAHE FROH SAID LAND OR ANY ~;":~"' OTHER LAND INCLUDING THE RIGHT TO W~I PSTOCK OR DIRECTIONALLY DRILL ... .AND MINE FROM LANDS OTHER THAN THCSE HEREINABOVE DESCRIBED., OIL · :..:;. OR GAS WELLS TUNNELS AND SHAFTS INTO, THROUGh{ OR ACROSS THE " SUBSURFACE OF THE LAND HEREI NABCVE DESCRIBED, AND TO BOTTOH SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENFATal OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EqUI'P, NA~NTA.IN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR HIN.~S, VIZTHOUT, HOWEVER, THE RIGHT TO DRILL, NINE, EXPLORE AND OPERATE THROUGH ]'~{E SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE CF THE LAND ~IEREINABOVE DESCRIBED OR OTHERWISE IN SUCH HANNER AS TO ENDANGER THE SAFETY OF ANY HIGHWAY THAT HAY BE SONSTRUCTED ON SAID LANDS. ALSO EXCEPT 50 PEP, CENT OF ALL OIL, GAS AI,!D OTHER HYDROCARBON SUBSTANCES AND ;-lINEPALS, AS RESERVED iN THE DEED FROM J,, P,,, DORSEY, ET UX, ET AL, TO FRANK DELF]NO, ET AL, DATED JANUARY 25, 1953 RECORDED FEI3RUAR. Y 18, 1.V. 55 ZN BOOK 2372 ['AGE 250 OFF 1 C 1 AL RECORDS. ALSO-EXCEPT ANY POP,.TION \'IITHI N PARCEL Hr, P NO. EXHIBIT A ALSb EXCEPT that portion of the Northwest SoUthwest ~ of Section 14, T. 30S.~ R.2'7 E.~ M.D.B. ~ M. in the City of Bakersfield, County of Kern, State of California, described ~s fcl!ows: Beginning at point in the North line of the Southwest ¼ of said Section 14 from which point the Northwest corner of said Southwest ~ bears N. 89 degrees 02 minutes 07 seconds West, 622.41 fee'z 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 Ol 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, !1~.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. Contains 2.00 acres. EXHIBIT 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 1st day of February, 1978, by the follow- ing vote: AYES: COUNCILMEN BARTON, CHRISTENSEN, MEDDERS, PATTY, t~eCERS, SCEALES, NOES: COUNCILMEN: XBsm'r: cd6~6Lt,~F ABSTAINING CO[J"~IT~{~: CITY__~E~_~ an ficio Clerk of the Council o~of Bakersfield APPROVED this lst~ ay of February, 1978 .... -- APPROVED as to form: CI~ATTORNEY o~ Bakers field