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HomeMy WebLinkAboutRES NO 107-97RESOLUTION NO. I 0 ? ' 9 ? A RESOLUTION MAKING FINDINGS THAT SUFFICIENT MAJORITY WRITTEN PROTEST HAS NOT BEEN FILED AND ORDERING THE TERRITORY DESIGNATED AS PROCEEDING NO. 1220, ANNEXATION NO. 393, CHESTER NO. 3, ANNEXED TO THE CITY OF BAKERSFIELD AND DETACHED FROM THE KERN SANITATION AUTHORITY. WHEREAS, Resolution of Application No. 137-96, dated December 4, 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. 1220, Annexation No. 393 (Chester No. 3), 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 May 27, 1997; and WHEREAS, following said public hearing the Commission, on May 27, 1997, adopted its Resolution Making Determination, being Resolution No. 97-12, recorded in Minute Book 44 of said Commission; and WHEREAS, on May 28, 1997, the City Clerk of the City of Bakersfield set WEDNESDAY, JUNE 25, 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with Sections 57075 and 57078 of the Government Code, it is hereby found that written protests, if any, filed and not withdrawn prior to the conclusion of the hearing represent less than 25 percent of the registered voters or less than 25 percent of the number of owners of land owning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. 1220, Annexation No. 393 (Chester No. 3 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. 1220, Annexation No. 393 (Chester No. 3 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., cio 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 'Jtll~ 2 5 1997 , by the following vote: AYES: COUNCILMEMSER DeMOND, CARSON, SMITH, McDERMOTt', ROWLES, SULLIVAN, SALV^GGIO NOES: COUNCIl. MEMBER_ ~.~, ABSTAIN: COUNCILMEMBER _ ASSEN'[,. COUNCILMEMBER. ~an~dd 'Ex/~Offic~io CI/~of the Council of the City of Bakersfield ORtGINAL APPROVED ~UN 2519~"~ BOB PRICE MAYOR of the City of Bakersfield APPROVED as to form: JUDY SKOUSEN CITY ATTORNEY MO:p jr June 2, 1997 res\rc3-sgd ORIGINAL EXHIBIT "A' CHESTER NO. 3 ANNEXATION NO. 393 A parcel of land consisting of portions of Sections 13 and 24, Township 29 South, Range 27 East, M.D.B. & M., Sections 18 and 19, Township 29 South, Range 28 East, M.D.B. & M., County of Kern, State of California, more particularly described as follows: Commencing at the southwest comer of said Section 18, said comer being established by a "6 inch round concrete monument, 16 inches deep", said comer being designated as 692,146.518 feet North, 1,695,919.512 feet East per California Coordinate System, Zone 5; Thence North 01° 32' 11" East along the west line of said Section 18, a distance of 333.27 feet to a point on-the existing corporate boundary of the City of Bakersfield and TRUE POINT OF BEGINNING; Thence (1) easterly, southeasterly, westerly, northerly and easterly, on and along said existing corporate boundary (circumventing the enclosed county territory) returning to the TRUE POINT OF BEGINNING. Containing 198 acres (more or less) CHECKED by KERN COUNTY SURVEYORS OFF;CZ Date Ap?c-ved by . ORIgINaL Sec. 13 T. 29S.,R. 27E. MDBI3 M... Sec. 18T. 29S.,R28E. MDB. 13M. ANNEXATION OF CHESTER No. 3 33 ~ EXHIBIT "B" RO.B. Sec. 24 / / / S~c. 19 I1''