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