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HomeMy WebLinkAboutRES NO 20-99RESOLUTION NO. ~ 0 "9 9 A RESOLUTION MAKING FINDINGS THAT NO WRITTEN PROTEST HAS BEEN FILED AND ORDERING THE TERRITORY DESIGNATED AS PROCEEDING NO. 1254, ANNEXATION NO. 399, ANNEXED TO THE CITY OF BAKERSFIELD (WARD 3). WHEREAS, Resolution of Application No. 111-98, dated August 26, 1998, was submitted to the Local Agency Formation Commission of Kern County ("Commission") for the annexation of territory to the City of Bakersfield designated as Proceeding No. 1254, Annexation No. 399, the exterior boundaries of which are described in Exhibit "A", and shown on the map marked Exhibit "B," both of which are attached hereto and incorporated as though fully set fodh herein; and WHEREAS, a duly noticed public hearing upon said proposal was held before the Commission on January 26, 1999; and WHEREAS, following said public hearing the Commission, on January 26, 1999, adopted its Resolution Making Determination, being Resolution No. 99-01, recorded in Minute Book 46 of said Commission; and WHEREAS, on January 27, 1999, the City Clerk of the City of Bakersfield set WEDNESDAY, February 24, 1999, at the hour of 7:00 P.M. (or as soon thereafter as the matter may be heard)in the Council Chambers of the City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time, date and place that the City Council shall consider adoption of this Resolution ordering the annexation of territory designated as Annexation No. 399 (Vista Finestra); and WHEREAS, said territory lies within the Greater Bakersfield Separation of Grade District; and WHEREAS, 100 percent of the property owners agree and consent to annexation, said properly owners desire to develop the subject territory and desire to receive City services in order to provide for said development; and WHEREAS, the regular county assessment roll is utilized by the City; and WHEREAS, the City has conducted an Initial Study and it was determined that the proposed project would not have a significant effect on the environment. A Negative Declaration was prepared for the project as set forth in CEQA. as follows: NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield OR!GtNAL 1. In accordance with Sections 57075 and 57078 of the Government Code, it is hereby found that written protests, if any, filed and not withdrawn prior to the conclusion of the hearing represent less than 25 percent of the number of owners of land owning less than 25 percent of the assessed value of the land within the territory to be annexed. 2. That the said territory designated as Proceeding No. 1254, Annexation No. 399, and described herein, and every part thereof, is hereby ordered annexed to the City of Bakersfield. 3. That the Clerk shall forthwith transmit a certified copy of this resolution ordering a change of organization, along with any required remittance to cover the fees required by Section 54902.5 of the Government Code, to the Executive Officer of the Local Agency Formation Commission of Kern County. 4. That the Executive Officer of the Commission is hereby requested to prepare and execute a certificate of completion and make the filings required by Part 4, Chapter 8 of the Cortese-Knox Local Government Reorganization Act of 1985 and record a certified copy of the certification of completion with the recorder of Kern County, with the surveyor of Kern County and with the Clerk of the City of Bakersfield. 5. In accordance with Section 8296 of the Streets and Highways Code, the Clerk shall notify the Secretary of the District and shall furnish such Secretary with a certified copy of this resolution. 6. That the Clerk shall forthwith transmit a certified copy of this resolution to James R. Parker, Jr., c/o Greater Bakersfield Separation of Grade District, P.O. Box 2205, Bakersfield, CA 93303. ......... o0o ........ 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 FEB 2 ~- 1999 , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, DEMOND, MAOCARO, COUCH, ROWLES, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNCILMEMBER M~r~, a Clerk of the Council of the City of Bakersfield APPROV~,:;~~~,. BO~"~'/ MAYOR of the City of Bakersfield APPROVED as to form: OFFICE OF THE CITY ATTORNEY CARL HERNANDEZ Assistant City Attorney MO:pjt February 11, 1999 rest399 EXHIBIT "A" VISTA FINESTRA ANNEXATION NO. 399 A parcel of land being a portion of Section 16, Township 29 South, Range 29 East, M.D.M., County of Kern. State of Califomia, more particularly described as follows: Commencing at the North 1/4 corner of said Section 16 as established by Record of Survey filed in Book 12 of Record of Surveys at Page 146 in the Office of the Kem County Recorder and State Highway Map filed as Map 7-1, Book 4 of Maps, Page 115 in the Office of the Kem County Surveyor, said North 1/4 corner being designated as 2,337,617.6160 feet North and 6.302.470.0488 feet East per Califomia Coordinate System (CCS 83), Zone 5; Thence South 00° 09' 29" East, along the mid-section line of said Section 16, a distance of 1320.39 feet to the Northwest comer of the Southwest 1/4 of the Northeast 1/4 of said Section 16, said point also being the Northwest comer of the extedor boundary of Parcel Map No. 1354 filed in Book 7 of Parcel Maps, Page 50 in the Office of the Kem County Recorder; Thence North 89n 42' 44" East, along the North boundary line of said Parcel Map No. 1354, a distance of 658.87 feet to the Northeast comer thereof. said comer also being on the existing corporate boundary of the City of Bakersfield and is the TRUE POINT OF BEGINNING; Thence (1) South 00° 09' 46" East. along the East boundary line of said Parcel Map No. 1354, a distance of 1320.54 feet to the Southeast comer thereof; Thence (2) South 890 43' 31" West, along the South boundary line of said Parcel Map, a distance of 658.98 feet to the Southwest corner thereof, said comer also being on the existing corporate boundary of the City of Bakersfield; Thence (3) northerly and eastedy on and along said corporate boundary line to the TRUE POINT OF BEGINNING. Containing 20 Acres (more or less) .J MONTANA-- SEC. 1~, T. 29 $., R. 2.9 E., M.D.M. 2.,$~7t~-. ~,~o .. ( C.C.S. 85 ) S, ~L470.O44e [. #. 8~ 4~)'44' [. ~$8. P.M. No. 316 PMNO. ~5 40 PM 8k lB , .)M. 3039 P.M. Bk. 14, Pg. 57 I~M. No. Rid. NO. I P.M. NO. 4116 PM. Bk. 19. Pg.56 P.M. No.~ PMSk21,P~.56 EM.NO. 4968 EM. Bk. 22, Pg. SB $ 4 p. ld. NO. se6~ P.M No. 1556 PM. Bk 7,P~ 1~57 Il. 5044 Bk. ~, PI. IZ'r 2 3 4 PM. No. 3578 PM. Bk. 15, Pg. I$1 P.M. Bk. 4, Pg. 8 VICINITY MAP ANNEXATION NO. ~ RESOLUTION NO__ ANNEXATION OF VISTA FINESTRA TO THE CITY OF BAKERSFIELD 20 '- ACRES mo- '-o Ioo zoo ~ll ........ EXISTING CQM,(X~TE 14~NDA~Y EXHIBIT