Loading...
HomeMy WebLinkAboutRES NO 1-78RESOLUTION NO. 1-78 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD SETTING TIME~ DATE AND PLACE OF PUBLIC HEARING IN THE MATTER OF THE PROPOSED CANCELLATION OF LAND USE CONTRACT WITH RESPECT TO PART OF 1AND, UNDER THE WILLIAMSON ACT AND DIRECTING CITY CLERK TO GIVE NOTICE IN ACCORD WITH SECTION 51284 OF THE GOVERNMENT CODE. WHEREAS, Lowell L. Costerisan, Ray R. Costerisan and Hale H. Costerisan, on Dec. 30, 197~ 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 Numbers 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 William- son Act, a public hearing on the Petition of Lowell L. Costerisan, Ray R. Costerisan and Hale H. Costerisan, is hereby set for the 1st day of February, 1978, at the hour of 8:00 P. M., or as soon thereafter as the matter may be heard, at the Council Chambers in City Hall, 1501 Truxtun Avenue, Bakersfield, 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 of Public Hearing, 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 1st day of February, 1978, at the hour of 8:00 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, date and place for a public hearing on the matter of the Petition filed by Lowell L. Costerisan, Ray R. Costerisan and Hale H. Costerisan, 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 674, Kern County Recorder's office. The land for which cancellation is sought consists of 95. O95~acres located in Agricultural Preserves Nos. 10 and 11, located in the City of Bakersfield since annexation in 1969. That part of the land included in said Land Use Contract as to which petitioners seek cancellation is that real property described in Exhibit "A", attached hereto, and incorporated in this Resolution 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 Public Hearing will be'held and conducted pursuant to the provisio_ns of Government Code Sections 51280 - 51285 The owner of any property located in the City in which Agricultural Preserves Nos. 10 and 11 are situated, may protest such cancellation. Dated: January 4 ~ ] 978 CityC~leH~kE~~cio Clerk of the Council of the City of Bakersfield DESCRIPTION: '. PARCEL i: THE NORTH 10.00 ACRES OF~ THE SC'L~TrtWEST QUARTER OF THE SOUTHWEST OUARTER AND THE SOUTH 10.00 ACRES 3F THE NORTHWEST QUARTER OF THE SOUTHWEST qUARTER OF SECTION i4, TO.WNSHIP 30 SOUTH, RANGE 27 EAST, MOUNT DIABLO MERIDIAN, IN THE CITY OF BAKERSFIELD> COUNTY OF KERN, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAiD LAND APPROVED BY THE SURVEYOR GENERAL, dUnCE I, 1855 EXCEPT ONE HALF OF THE OIL, GAS AND OTHER ~YDROCARBON SUBS'TA~ICES AND MINERALS LYIIjd, IN AND UNDER, Ot WHICH t4AY BE PRODUCED SA'ID LAND FOR A PERIOD OF I5 YEARS FROM THE DATE OF EXECUTIOH OF THIS GRANT DEED; PROVIDED HOWEV>'R, THE GRAHTOR, HER SUCCESSORS AND ASS!GI.~S, SHALL. NOT CONDUCT DRILLING OR OTHER OPER'ATION UPON THE SURFsaCE OF SAID LA~JD, BUT NOTHI~4G lIEREIN COh'TA,'N'TD S~ALL DE DEEMED TO PREVENT TltE GRA~'JTOR, HER SUCCESSORS AND ASSIG,'JS FP, OH E×TRACTIHG OR CAPTURI~G SAID MINERALS BY DRILLIHG O~ ADJACE~4T OR NEIGHBORING LANDS AND/OR FROM COr~DUCTIHG SUB-SURFACE OPERATiO~tS UNDER THE SAID LAN[j AT A DEPTH OF ,'40RE THAN 500 FEET AZ~D I~; SUCH MANNER AS NOT TO DISTURB THE SURFACE T~EREOF OR A~iY IMPROVE.~E~.:TS THEREON, AS RESERVED IN THE DEED F.~OH BE'REHICE AR~OT DATED JA.'.;UA2Y 14, lg57, RECORDED JA;JUARY 23, 1957 iN BOOK 2722 PAG'E 210 OF OFFICIAL RECORDS. PARCEL 2: THE SOUTHEAST QUARTER OF THF: SOUTHWEST r)UARTER A;;[: THE SOUTI~ HALF OF T,~iE SOUTHEAST OLJARTER OF SECTIO~ 14, TOWNSHIP 30 SOUTH, RAVAGE 27 EAST, MOUNT DIA3LO MERI[.~IAN. IN THE COUNTY OF ~CER~.~, STATE OF CALIFORNIA, ACCbRDING TO TH[ OFFICIAL PLAT TliEREOF, EXCEPT THE FOLLOWING PARCELS: (-A) THE EAST 30 FEET. (S) THAT PORTION LYING WITHIN.'ThE RIG~IT OF WAY OF THE S(~UTltERN · PACIFIC RAILROAD COHPANY. "THE FARMERS CANAL", (D) THAT PORT.iON OF .THE SOUTHEAST QUARTER OF THE S'OUT~¢EAST QUARTER Exh ib i t A O~ SAID SECTION i4, DESCRIBED AS FOLLOWS: .BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 14; Tt{ENCE DUE NORTH ALONG THE EAST LINE OF SAID SECTION. 30P,.00 FEET TO THE POINT OF INTERSECTION WITti THE NORTtlERLY RIG}IT OF ..lAY LINE OF FARMERS CANAL; THENCE SOUT]~ 62 DEGREES 35 MINUTES. 30 SECONDS WEST, ALONG SAID RIGHT OF WAY LINE, ~.79 FEET TO THE TRUE POINT OF BEGINNING.AND WHICH IS' DISTANT AT RIG.~tT ANGLES 30..q0 FEET FROM SAID SECTIO;4 LINE; T~tE.',ICE DUE NORTH PARALLEL THE EAST LINE OF SAID SECTION, 63.42 FEET: TH[!NCE SOUTH 54 DEGREES 02 MINUTES 30 SECONDS WEST, 179.50 FEET; THENCE SOUTH G2 DEGREES .17 M'INUTES 30 SECONDS WEST, 270.00 FEET TO A POINT IN T:dE NORTHERLY RIGHT OF WAY' LINE OF SDUTHERh; PACIFrC RAILROAD ASP;~ALTD BRANCH; THENCE EASTERLY ALONG SAID RIGHT OF '..lAY LINE OF SAID RAILROAD, A CIRCULAR CURVE, CONCAVE TOWA'RD 'NOR'T.~I, CONCENTRIC WIDTH A 1 DEGREE CURV~ COHPRISIIqG THE CENTER. LIt,'E OF SAID RAILROAI~ AND DISTANT THEREFROM 50.00 FEET TOWARf) CE~ITER, 259.09 FEET, LOgiC CHO'RD BEARING NORTH 84 DEGREES 4~1 14INUTES EAST, TO POINT OF INTERSECTION WITH THE WESTERLY RIGHT OF WAY LINE OF FARHERS THENCE ALONG THE WESTERLY RIG~-T OF WAY LIHE OF SAID CAHAL, .62 DEGREES 35 MINUTES 30 SECONDS. EAST,' 142.36 "FEET TO THE TRUE POINT OF BEGINNING. (E) TRAT PO. RTION OF THE SOUTH.HALF OF THE SF~UT!4EAST. QUARTER · SAID SECTION 14, DESCR.IBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SOUTH ;IALF 'OF TIlE SOUTHEAST QUARTER; THENCE NORTH ALONG THE EAST LIME OP SAID SOUT~I · HALF OF THE SOUTHEAST QUARTER 355.87 FEET; THEHCE W. EST AT RIG:4T Arff;LES 30.00 FEET TO THE TRUE POINT OF BEGI,N,~IING AND ALSO THE NORTHEASI: CORNER OF THAT PARCEL OF LAND CONVEYED TO PIUl:.E PACKING COHPANY -.'.~Y DEED RECORDED 'IN BOOK 1414' PAGE 256 OF OFFICIAL RECORDS: T~tE.NCE NORTH 150.00 FEET ALONG A LINE PARALLEL TO AND 3'0.00 FEET ',lEST SAID EAST LINE OF THE SOUTH HALF CF' THE SOUTH'4EST QUARTER: THENCE WEST AT RIGHT ANGLES 648.23 FEET; THENCE SOUT~t AT RIGHT A~GLES 3q%.24 FEET TO A POINT IN THE NORTi4 LINE OF THE SOUTHEP. N PACIFIC RAILROAF: AS. PHALTO BRANCH; THENCE EASTERLY ALO;.JG SAID RIG}IT OF ',.IAY AND A CURVE CONCAVE TO THE NORTHWEST HAVING A DELTA OF 2' DEGREES 39 MINUTES 55 SECONDS A RADIUS OF 5679.69 .FEET THROUGH AN ARC DISTA;~CE OF 2F~4.20 FEET TO TItE MOST WESTERLY CORNER OF SAID PROPERTY CONVEYED TO PIUTE PACKING COMPANY: THENCE ALONG THE NORTH;'IESTERLY LINE OF. SAID PROPERTY CONVEYED TO SAID PIUTE PACKINc. COMPANY NORTH 62 DEGREF. S. 17 MINUTES 30 SECONDS EAST, 270.0[l FEET; THENCE NORTH 54 DEr;REE.~ g2 MINUTES 30 SECONDS EAST, 179.50 FEET TO THE TRUE POINT OF.BEGINNING. (F) THAT 1SORT ION OF THE SOUTH HALF.OF. THE SOUTHEAST QUARTER OF SAID SECTION !4, DESCRIBED AS 'FOLLOWS: 'BEGINNING AT THE NORTHWE'ST CORNER' OF THE PROPERTY CONVEYED TO J. T. 'CHAMBLESS AND KING C~IAMBLESS BY. TERESA DADO AS RECORDED 1~],1 PAGE. 497 OF OFFICIAL RECORDS. SAID POINT ~EI/','G NORTH ALOI';~ THE I~AST LINE OF SAID SECTION 14, 505.87 FEET AND '.lEST 678.23. FEE'T FROM THE SOUTHEAST CORNER OF SAID SECTION 14; ,THFNCE :IE'ST 1 FEET; THENCE SOUTH 390.11 FEET TO A POINT IN Tile h~ORT. I.I LINE OF THE SOUTHr-RN PACIFIC RAILROAD RIGhIT OF WAY, ASPHALTO BRANC.~t:' THENCE SOUTH 89 DEGREES 4~ MINUTES 30 SECONDS EAST, 1,0~3.28 FEET TO THE BEGINNING OF A CURVE CONCAVE TO TIlE NORTHL.IEaT ~]AVING A DEL~ OF I DEGREE 34 MINUTES 53 SECO~IF)S AND A RADIUS C~F 5~7~.6~3 FEET; THENCE EAST-ERLY ALONG SAID CURVE 156.76 FEET TO TJ~E SOUTHWEST CORNER OF SAID CttAMBLESS PROPERTY; T']ENCE NORTH 393~3F~ FEET TO THE POINT OF BEGINNING. (G) BEGINNING AT A POINT 505.87..FEET NORTFt OF' TI~E SOUTHEAST CORNER OF SAID SECTION 14, ALONG TIlE EASTERLY LINE OF SAID SECTION, THENCE NORTH ALONG THE EASTERLY LINE 2Q0 ~.EET,' THEr-I WEST ~00 FEET ALONG A LINE PARALLEL WITH 'T~4E SOUTHERLY L::NE (~F SAID SECTION, THENCE SO:UTH 200 FEET ALC)HG A LINE PA2AELEL WIT~t THE EASTERLY LINE OF SAID SECTION, THENCE EAST 5ng'bt;ET ALOHG A LINL PARALLEL WITH THE NORTHERLY LINE OF .SAID SECI'IOH TO TjiE POINT OF BEG INN ING. (H.) 55% OF ALL OF'THE OIL, GAS AND OTHER ~{YDRQCARSON SL~{STANCES AND MINERALS I~J, UNDER. OR ','I~t]'CH MAY BE 'PRODUCED FKOtl SAID LANDS~ AS EXCEPTED AND RESERVED It4 THE DEED DATED DECEI~;~ER 195~ FROM TERESA DADO TO LOWELL L.' COSTE.RIAN, ET AL, RECORDED BOOK 2]5~ PAGE I5~ OF OFFICIAL RECORDS. WHICI~ DEED pRC)VIDES AS FOLLOWS: "WITH A RIGHT OF INGRESS AND EGRESS OVER AND ACROSS SAID PREMISES. FOR THE PURPOSE OF EXPLORING FOR, PRODUCi. NG, AND DEVEL()PiNG SAID PRODUCTS, AND THE EXCLUSIVE AND SOLE POWER AND AUTHORITY W'~[C:~ HEREBY GRANTED AND COf4FERRED UNTO 'HE (;RANTOR.. '~ER SUCCESSORS AND ASSIGNS~ BY SAID GRANTEES FOR THEMSELVES AND TREIR SUCCESSORS ASSIGNS, FOR A PERIOD OF 15 YEARS "HE RIGHT, PO'.IER AND AUTJlORITf TO GRANT) LEASE, LET AND DEMISE UN'O T~tlRD PARTIES ALL OF THE LANDT- AND PREMISES HEREINABOVE DESCRISED,, WITIt THE SOLE AND-EXCLUSIVE RIGHT TO DRILL FOR, PRODUCE, EXTRACT, TAKE AND REr~OVE (}IL, ASPHALTUM AND OTHER HYDROCARBON SUe~STANCES FROM AhD TO STORE T~{E SAME WITH A RIGHT OF ENTRY THEREON AT ALL TIMES FOR SAID PURPOSES OF ,ALL OF SAI. D MINERALS, TO WIT: t095 OF ALL OF TI+E OIL, GAS AHD O~HER HYDROCARBON SUBSTANCES AND MINERALS UPON SUCH TERMS T}~AT SAiD GRANTOR, HER SUCCESSORS OR ASSIGNS., DEEMS BEST, AND TO t~DDIFY ANY SUCH TRANSACTION, PROVIDED, I~OWEVER, THAT .IN.ANY SUCH TRA~.iSACTION T.HERE.SHAEL BE RESERVED'FOR THE OWNERS OF SAID 100~ QF ALL OF T~-E SAID OIL GAS AND OTHER ~YDROCARSON SUBSTANCES AND MINERALS, A MINIMUM ROYALTY OF 1/8 PART OF THE PROCEEDS OF ALL OF T~E OIL AND 'GAS PRODUCED AND SAVED AND SOLD FROM TIiE SAID PREMISES, AFTER MAKING THE CUSTOMARY DEDUCTIONS 'FOR TEMPERATURE, WATER AND B.S., AT THE POSTED AVAILABLE MARKET PRICE IN T~E DISTRICT IN ~.?HICH THE PREMISES ARE LOCATED FOR OTL OF LIKE GRAVITY TLIE DAY THE OIL IS RUN INTO THE PURC'HASER'S PIPE LINE OR STORAGE TANK AND T~E AND OPTION ON THE PART OF THE SAID OWNERS OF ALL OF.SAID .~IJ~2ERAL5 EXERCISABLE dOINTLY OR SEVERALLY E~Y SAID OWNERS (EXERCISED ~OT OFTNED THAN ONCE IN ANY ONE CALENDAR YEAR UPON 60 DAYS' PREVIOUS 'WRITTEN NOTICE) TO REQUIRE THE OIL LESSEE AND/OR OPERATOR TO DELIVER-INTO RAID OWNER'S TANKS ON THE LEASED PRR4ISES OR AT MOUTH OF WELL TO PIPE LINE DESIGNATED BY SUCH OWNERS, FREE OF COST, SAiD OWNE/R'S ROYALTY, OIL AND A PROVISION THAT SAID OIL LESSEE A.ND/OR OPERATOR SHALL NOT DRILL A~rY WELL ON SAID LAND WITHIN ONE HUNDRED FIFTY FEET OF ANY THEN EXISTING BUILDING ON SAID PRF~4ISES WITHOUT THE WRITTEN CONSENT OF THE SUP~ACE OWNER, AND THAT SAID OIL LESSEE AND/OR OPERATOR SHALL PAY TO THE OWNERS OF THE SURFACE OF SAID PREMISES ALL DAMAGES DIRECTLY OCCASIONED BY-ITS OPERATIONS TO CROPS, IMPROVEMENTS AND OTHER PROPERTY OF THE SAID SURFACE OWNERS OF SAID PRDIISES. THE SAID EXCLUSIVE POWF~R AND AUTHORITY RESERVED HEREIN AND GRANTED AND CONFERRED UNTO SAID GRANTOR, HER SUCCESSORS, AND ASSIGNS BY GP~NTEES MUST BE EXERCISED WITHIN THE SAID PERIOD OF 15 YEARS BUT A~Ff SUCH TRANSACTION MAY BE FOR A TERM WITHIN OR EXTENDING BEYOND '15 YEAR-PERIOD FOR 5 YEARS AND S0 LONG THEREAFTER AS OIL. OR GAS OR CASiNGHEAD GAS OR OTHER HYDROCARBON SUBSTANCES OR EITHER .OR ANY OF THEM IS PRODUCED THEREFROM. THE GRANTEES 'THEREIN SHALL BE ENTITLED TO z~5% OF ALL BONUSES, RENTALS, ROYALTIES, 'AND. OTHER BENEFITS ARISING FROM ANY SUCH TRANSACTION TO Thee OWNLRS OF SAID MINERALS ". ALSO EXCEPT THEREFROM THAT PORTION CONVEYED TO COMET THEATRE ENTERPRISES, INC., A CALIFORNIA CORPORATION, BY DEED RECCRDED FEBRUARY' 25, 1969 IN BOOK ~.2~6 PAGE ~D2 OF OFFICIAL RECORDS. MEM: PR J II '~'.1 [:,o' / I 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 4th day of' January , 1978, by the following vote: AYES: COUNCII. M!:!q ~,~r-~-~, Ci-IRISTENSEN, Mr~DDERS, RATTY, ROOi~R~, ~-A~d~, JTJONB NOES: COUNCILMEN: v~~, ~ ABSENT: COUNCILMEN: ~PU~~ ~ ,_.~,. _.,~ A~TAINING COUNCILMEN: ~L~ e 2 ,~_~I' ~, c- CITY~E~and E Officio Clerk of .~_-,' iL ....~: ,~ Council of t~~ Bakers ield APPROVED as to fo~: the