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