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HomeMy WebLinkAboutRES NO 39-99RESOLUTION NO.3 9 ' 9 9 A RESOLUTION MAKING FINDINGS THAT NO WRITTEN PROTEST HAS BEEN FILED AND ORDERING THE TERRITORY DESIGNATED AS PROCEEDING NO. 1257, ANNEXATION NO. 401, ANNEXED TO THE CITY OF BAKERSFIELD (WARD 1 ). WHEREAS, Resolution of Application No. 143-98, dated November 4, 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. 1257, Annexation No. 401, 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 March 23, 1999; and WHEREAS, following said public hearing the Commission, on March 23, 1999, adopted its Resolution Making Determination, being Resolution No. 99-04, 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, the City Clerk of the City of Bakersfield set WEDNESDAY, April 14,1999, 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. 401; and WHEREAS, the laws and regulations relating to the preparation and adoption of Negative Declaration as set forth in accordance with CEQA has been duly followed; and WHEREAS, the City of Bakersfield owns said territory; and WHEREAS, the City of Bakersfield wishes to use the property for farming with effluent spreading operations. 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 no written protests have been filed for the territory to be annexed. 2. That the said territory designated as Proceeding No. 1257, Annexation No. 401, as 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. ......... 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 ~,PR :1. 4 1999 , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNCILMEMBER L/~)t""/~ ~'a/~nnd'~Ex/l~~loCl r ofthe CITY CLERK e k Council of the City of Bakersfield BOB I(:~~ MAYOR of the City of Bakersfield APPROVED as to form: OFFICE OF THE TY ATTORNEY BY: CARL HERNANDEZ Assistant City Attorney MO:pjt S:annex-401\mar,24 EXHIBIT "A' PANAMA NO. 13 ANNEXATION NO. 401 A parcel of land being a portion of the South 1/2 of Section 28, Township 30 South, Range 28 East, M.D.M., County of Kern, State of California, more particularly described as follows: Commencing at the southwest comer of said Section 28, said comer being monumented and designated as 2,290, 168. 7522 feet North and 6,267,579. 2063 feet East' per California Coordinate System (C.C.S., 83), Zone 5; Thence South 89° 37' 16" East, along the South line of said Section 28, a distance of 2978.21 feet to the Southwest comer of Parcel "B" of Parcel Map No. 1665 filed for record in Book 8 of Parcel Maps at page 138 in the office of the Kern County Recorder, said comer being on the existing corporate boundary of the City of Bakersfield and is THE TRUE POINT OF BEGINNING; Thence (1) departing from said corporate boundary, North 89° 37' 16" West, along the South line of said Section 28, a distance of 2945.21feet to apoint on the East fight of way line of Cottonwood Road (right of way width of 66 feet); Thence (2) North 00° 29' 49" East, along said right of way line, 2642.44 feet to a point on the North line of Parcel "A" of said Parcel Map No. 1665; Thence (3) South 89° 39' 51" East, along said north line (and prolongation thereof), 2945.34 feet to the Northwest comer of Parcel "B" of said Parcel Map No. 1665, said comer being on the existing corporate boundary of the City of Bakers~eld; Thence (4) South 00° 29' 59" West, along said existing corporate boundary line, 2644.65 feet to the TRUE POINT OF BEGINNING. Containing 179 acres (more or less) G:~GROUPDA~\1998~mnexation 401 EXH-A Panama -1 3.wpd CHECKED by KERN COUNTY SURVEYORS OFFICE Date ---PANAMA--- ---~ANE- ARI//N - ~rO/SON D8 589/49 j PMW - 105 ~ D8 /N TAKE' C,4 NA/, :i ,SEC, 2~ Par. ( APN: 176-010-05 'F, 3O S, R M. No. 1665 PM. Bk. 8, PQ. 138 Por. roB" PROPOSED ANNEXATION NO. 401