HomeMy WebLinkAboutRES NO 30-99RESOLUTION NO. ~; ~ ' 9 9
A RESOLUTION MAKING FINDINGS THAT NO WRITTEN
PROTEST HAS BEEN FILED AND ORDERING THE
TERRITORY DESIGNATED AS PROCEEDING NO. 1255,
ANNEXATION NO. 400, ANNEXED TO THE CITY OF
BAKERSFIELD (WARD 4).
WHEREAS, Resolution of Application No. 119-98, dated September 23, 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. 1255,
Annexation No. 400, the exterior boundaries of which are described in Exhibit "A", and shown
on the map marked Exhibit "B", attached hereto and incorporated herein by this reference; and
WHEREAS, a duly noticed public hearing upon said proposal was held before
the Commission on January 26, 1999; and
WHEREAS, following said public headng the Commission, on January 26,
1999, adopted its Resolution Making Determination, being Resolution No. 99-02, recorded in
Minute Book 46 of said Commission said Resolution is attached hereto as Exhibit "C" and is
incorporated herein say this reference; and
WHEREAS, after duly mailed and published notice, the City Clerk of the City of
Bakersfield set WEDNESDAY, March 17,1999, 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.
400; and
WHEREAS, said territory lies within the Greater Bakersfield Separation of Grade
District; 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 in accordance with CEQA; and
WHEREAS, the regular County assessment roll is utilized by the City; and
WHEREAS, the reason for the annexation is that the property owners desire to
receive City services.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Bakersfield as follows:
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hereby found that written protests, if any, filed and not withdrawn pdor to the conclusion of the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. 1255, Annexation No.
400, 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
MAR 17 1999 , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, R-gVVE-9, SULLIVAN, SALVAGGIO
COUNCILMEMBER I~E
COUNCILMEMBER ~
COUNCILMEMBER ~ng
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED MAR 17 1999
RIC "~' ' ""
BMOAYB;R of t akersfield
APPROVED as to form:
OFFICE OF THE CITY ATTORNEY
BY:
CARL HERNANDEZ
Assistant City Attorney
MO:pas
S:annex-4OO\mar,3
EXHIBIT "A"
ROSEDALE NO. 6
ANNEXATION NO. 400
A parcel of land being a portion of the Northwest 1/4 of Section 28, Township 29 South,
Range 27 East, M.D.M.. County of Kern. State of California, more particularly described
as follows:
Commencing at the Northwest corner of said Section 28 shown as a found monumented
corner on Record of Survey filed in Book 15 of Record of Surveys at Page 105 in the
Office of the Kem County Recorder, said Section corner being designated as
2,327,603.8516 feet North and 6,236, 107.3910 feet East per California Coordinate System
(C.C.S. 83), Zone 5;
Thence South 89° 46' 45" East along the North line of said Section 28 a distance of
1040.37 feet to intersect the westerly dght of way line of the Ca~. lo~,zay Canal, said point
also being on the existing Corporate Boundary line of the City of Bakersfield;
Thence North 40° 06' 15" West, along said canal fight of way line (and Corporate Boundary
Line), 104.93 feet to a point on the North right of way line of Rosedale Highway (State
Route VI-KER-58), said point being the TRUE POINT OF BEGINNING;
Thence (1) departing from said Corporate Boundary South 89o 46' 45" East, along said
North right of way line of Rosedale Highway, 1073.29 feet to intersect the northerly
prolongation of the East line of that parcel of land granted to the Tyrul L. and Mildred B.
Boyd Family Trust dated August 1, 1990 per Grant Deed recorded August 21, 1990 in
Book 2421, Page 1779, Official Records, in the Office of the Kern County Recorder;
Thence (2) South 00° 12' 17" West along said East property line (and prolongation), 740.82
feet to the Southeast corner thereof;
Thence (3) North 89° 46' 45" West, along the South line of last named property, 93.00 feet;
Thence (4) South 00° 12' 17" West, 508.50 feet;
Thence (5) North 890 46' 45" West, 257.00 feet;
S: RON',1998~Annexaton 400 EXH-A Rosedale-6~,pd
-1-
CHECKED by
KERN COUNTY SURVEYORS OFFICE
Date
Thence (6) South 00° 12' 17" West, 152.82 feet to a point on the South line of the North
1/2 of the Northwest 1/4 of said Section 28;
Thence (7) North 89° 47' 49" West, along said South line, 371.00 feet to a 1/16th corner
thereon (per above described Record of Survey);
Thence (8) North 89° 47' 45" West, along said South line, 509.09 feet to a point on the
westerly dght of way line of the Callowa2' Canal, said point also being on the existing
Corporate Boundary of the City of Bakersfield;
Thence (9) northerly on and along said Corporate Boundary Line to the TRUE POINT OF
BEGINNING.
Containing 31 Acres (more or less)
S:'RON', 1998'Annexalon 400 EXHoA Rosedale-6. u,'lxi
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( C.C.S. 85)
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ANNEXATION NO. 400 RESOLUTION NO. ,,
ANNEXATION OF
%osEo^,E .o. 6
THE CITY OF BAKERSFI[L.O
31~ AC~S
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EXHIBIT "B"
EXHIBIT "C"
BEFORE THE LOCAL AGENCY FORMATION COMMISSION
In the Matter of:
COUNTY OF KERN, STATE OF CALIFORNIA
CITY OF BAKERSFIELD:
Annexation No. 400
(Rosedale No. 6)
: Proceeding No. 1255
:
: Resolution No. 99-02
:
: Minute Book 46
I, William A. Turpin, Executive Officer, of the LOCAL AGENCY FORMATION
COMMISSION, COUNTY OF KERN, STATE OF CALIFORNIA, hereby certify that the
following resolution, proposed by Commissioner Martinez, seconded by Commissioner Ortiz,
was duly adopted by the commission at an official meeting thereof held on the 26m day of
January., 1999, by the following vote:
AYE: Martinez, Ortiz, Peterson
NAYE: None
ABSENT: Perez
RESOLUTION MAKING DETERMINATION
Section 1. WHEREAS:
(a) A proposal has been submitted to this Commission for the annexation of territory
to the City of Bakersfield designated as Annexation No. 400 (Rosedale No. 6); and
(b) Pursuant to notice published, posted and mailed, as prescribed by law, a public
hearing upon the proposal ~vas held before this Commission on January 26, 1999, and
LAFCKC #6 -1-
Resolution No. 99-02 -2-
(c) On January 26, 1999, the Commission
City's Negative Declaration; and
(d) The Commission is fully advised in the premises:
Section 2. NOW, THEREFORE, BE IT RESOLVED by the Local Agency Formation
Commission, Count~' of Kern, State of California, as follows:
1. Specific reference is hereby made to all the papers, documents, files and
proceedings heretofore and now taken, had and filed in this matter with particular reference
1/26/99-4, as appears upon the official minutes of the proceedings of this
to Minute Item
Commission.
2.
1/26/99
as a responsible agency considered the
The Commission now finds and determines:
(i) All of the proceedings heretofore and now taken and had in this matter
have been and now are in all respects as required by law.
(ii) The territory proposed to be annexed is uninhabited.
(iii) The facts set out in the REPORT AND RECOx~,IMENDATION of the
Executive Officer dated January 15, 1999, are true.
(v) The annexation to the City of Bakersfield designated as Annexation No. 400
(Rosedale No. 6) will be in the best public interest.
3. The annexation to the City of Bakersfield as set forth in the APPLICATION
FOR PROCEEDING ON RESOLUTION BY LEGISLATIVE BODY, filed herein on
January 5, 1999, hereby approved subject to the following CONDITION RECOMMENDED
BY EXECUTIVE OFFICER:
Resolution No. 99-02
-3-
1/26/99
"The City of Bakersfield shall sign an agreement to actively defend or
indemnify and hold harmless the Kern County Local Agency Formation
Commission or its agents, officers and employees, from any liability or loss
connected with the approval of City of Bakersfield: Annexation No. 400
(Rosedale No. 6)'. Said agreement shall be signed prior to the issuance of the
Executive Officer's Certificate of Completion for said annexation ."
4. There is hereby assigned to the territory proposed to be annexed the
following distinctive short form designation, to-wit: City of Bakersfield: Annexation #400
(Rosedale No. 6).
5. The City Council of the City of Bakersfield is designated as the conducting
authority, and is hereby directed to initiate annexation proceedings with notice and hearing
and subject to an election in compliance with this resolution.
6. The territory proposed for annexation, and which annexation is hereby
approved, all within the County of Kern, State of California, is particularly described and
delineated in Exhibit "A" attached hereto and by reference made apart hereof.
Resolution No. 99-02 1/26/99
EXHIBIT "A"
ROSEDALE NO. 6
ANNEXATION NO. 400
A parcel of land being a portion of the Northwest 1/4 of Section 28, Township 29 South,
Range 27 East, M.D.M., County of Kern, State of California, more particularly described
as follows:
Commencing at the Northwest corner of said Section 28 shown as a found monumented
corner on Record of Survey filed in Book 15 of Record of Surveys at Page 105 in the
Office of the Kern County Recorder, said Section corner being designated as
2,327,603.8516 feet North and 6,236, 107.3910 feet East per California Coordinate System
(C.C.S. 83), Zone 5;
Thence South 89° 46' 45" East along the North line of said Section 28 a distance of
1040.37 feet to intersect the westerly right of way line of the Ca]. ].o~,my Canal, said point
also being on the existing Corporate Boundary line of the City of Bakersfield;
Thence North 400 06' 15" West, along said canal right of way line (and Corporate Boundary
Line), 104.93 feet to a point on the North right of way line of Rosedale Highway (State
Route VI-KER-58), said point being the TRUE POINT OF BEGINNING;
Thence (1) departing from said Corporate Boundary South 89° 46' 45" East, along said
North right of way line of Rosedale Highway, 1073.29 feet to intersect the northerly
prolongation of the East line of that parcel of land granted to the Tyrul L. and Mildred B.
Boyd Family Trust dated August 1, 1990 per Grant Deed recorded August 21, 1990 in
Book 2421, Page 1779, Official Records, in the Office of the Kern County Recorder;
Thence (2) South 00° 12' 17" West along said East property line (and prolongation), 740.82
feet to the Southeast corner thereof;
Thence (3) North 89° 46' 45" West, along the South line of last named property, 93.00 feet;
Thence (4) South 00° 12' 17" West, 508.50 feet;
Thence (5) North 89° 46' 45" West, 257.00 feet;
S:' RO.'~', 1998~Annexaton 400 EXH-A P, osedale-6.vq~d
CHE,.'=:-:.L.:D by
KERN COUNTY SURVEYORS C.~Z':F;CE
Date
Resolution No. 99-02
-5-
1/26/99
Thence (6) South 00° 12' 17" West, 152.82 feet to a point on the South line of the North
1/2 of the Northwest 1/4 of said Section 28;
Thence (7) North 89° 47' 49" West, along said South line, 371.00 feet to a 1/16th corner
thereon (per above described Record of Survey);
Thence (8) North 89° 47' 45" West, along said South line, 509.09 feet to a point on the
westerly right of way line of the Calloway Canal, said point also being on the existing
Corporate Boundary of the City of Bakersfield;
Thence (9) northerly on and along said Corporate Boundary Line to the TRUE POINT OF
BEGINNING.
Containing 31 Acres (more or less)
S:',RON',, 1998'Anncxaton 400 EXH-A Rosedale-6 u,pd
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PROPOSED
ANNEXATION NO. 400
VICINITY MAP