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HomeMy WebLinkAboutRES NO 94-97RESOLUTION NO.g 4 - 9 ? A RESOLUTION MAKING FINDINGS THAT SUFFICIENT MAJORITY WRITTEN PROTEST HAS NOT BEEN FILED AND ORDERING THE TERRITORY DESIGNATED AS PROCEEDING NO. 1218, ANNEXATION NO. 392, CASA LOMA NO. 6, ANNEXED TO THE CITY OF BAKERSFIELD AND DETACHED FROM THE KERN SANITATION AUTHORITY. WHEREAS, Resolution of Application No. 117-96, dated October 23, 1996, 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. 1218, Annexation No. 392 (Casa Loma No. 6), the exterior boundaries of which are described in Exhibit "A" attached hereto and incorporated as though fully set forth herein; and WHEREAS, a duly noticed public hearing upon said proposal was held before the Commission on April 22, 1997; and WHEREAS, following said public hearing the Commission, on April 22, 1997, adopted its Resolution Making Determination, being Resolution No. 97-10, recorded in Minute Book 44 of said Commission; and WHEREAS, on April 23, 1997, the City Clerk of the City of Bakersfield set WEDNESDAY, JUNE 11, 1997, 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 of hearing on the proposed annexation and the owners of land within the said territory were duly informed of their right to file written protests against the annexation with the City Clerk at any time prior to the conclusion of the hearing on the proposed annexation; and WHEREAS, said territory lies within the Greater Bakersfield Separation of Grade District; and WHEREAS, the City of Bakersfield hereby desires a change of organization, to wit, the detachment of the herein described territory from the Kern Sanitation Authority, pursuant to Section 56000, Division 3, Title 5 of the Government Code of the State of California; and as follows: NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield 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with Sections 57075 and 57078 of the Government Code, it is hereby found that written protests, if any, filed and not withdrawn prior to the conclusion of the hearing represent less than 25 percent of the registered voters or less than 25 percent of the number of owners of land owning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. ORIGINAL 2. That the said territory designated as Proceeding No. 1218, Annexation No. 392 (Casa Loma No. 6 Reorganization), and described herein, and every part thereof, is hereby ordered annexed to the City of Bakersfield. 3. That the said territory designated as Proceeding No. 1218, Annexation No. 392 (Casa Loma No. 6 Reorganization), and described herein, and every part thereof, is hereby detached from the Kern Sanitation Authority. 4. 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. 5. 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 Organization 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. 6. In accordance with Section 8296 of the Streets and Highways Code, the Clerk shall notify the Secretary of the Greater Bakersfield Separation of Grade District and shall furnish such Secretary with a certified copy of this resolution. 7. 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. ......... 000 ........ 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 ~[Jl, l 3. 1 1997 , by the following vote: AYES: COUNCILMEMBER DeUONO, CARSON, SMITH, ~, ROWL.ES, SULLIVAN, SALVAG{310 NOES: COUNCILM~MBER I'~ ABSTAIN: COUNCILMEMBER ASSENT: COUNC LMEMBE. CITY CLERK and Ex ~ffi~Xi~rk of the Council of the City of Bakersfield EXHIBIT "A" CASA LOMA NO. 6 ANNEXATION NO. 392 A parcel of land being portions of Sections 8, 9, 16 and 17, Township 30 South, Range 28 East, M. D. M., County of Kern, State of California, more particularly described as follows: Commencing at the northeast comer of said Section 8, said comer being established by a "Kern County Surveyor's Concrete Monument in Lamphole," and being designated as 670,882.049 feet North, 1,706.354.965 feet East per California Coordinate System, Zone 5; Thence S. 89° 58' 50" W., along the north line of said Section 8, a distance of 2,614.92 feet to the north 1/4 comer thereof; Thence S. 89° 58' 30" W., along said north line, 2,615.14 feet to the northwest comer of said section; Thence S. O0° 03' 53" W., along the west line of said section, a distance of 660.54 feet; Thence N. 89° 58' 32" E., 57.75 feet to a point on the east right of way line of Union Avenue (Co. Rd. No. 97 and 2380), said point also being a comer of the existing corporate boundary of the City of Bakersfield and the TRUE POINT OF BEGINNING; Thence (1) departing from said corporate boundary N. 00° 03' 53" E., along said east right of way line, 630.54 feet to intersect the south right of way line of Casa Loma Drive (Co. Rd. No. 294); Thence (2) N. 89° 58' 30" E., along said south right of way line, 2,557.43 feet; Thence (3) N. 89° 58' 50~ E., along said somh right of way line, 2,644.93 feet to intersect the east right of way line of Cottonwood Road (Co. Rd. No. 18) also being a point on the existing corporate boundary of the City of Bakersfield; Thence (4) southerly, westerly, northerly and westerly along said existing corporate boundary to the POIlqT OF BEGINNING. Containing 550 acres (more or less)