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HomeMy WebLinkAboutORD NO 4137ORDINANCE NO. ~: 1 3 T AN ORDINANCE AMENDING BAKERSFIELD MUNICIPAL CODE SECTION § 1.12.010, § 1.12.040, AND § t.12.070 BY ADDING A PORTION OF ANNEXATION NO. 437 TO WARD 1 AND WARD 4, AND A PORTION OF ANNEXATION NO. 438 TO WARD 4 AND WARD 7. WHEREAS, the Local Agency Formation Commission (LAFCO) adopted a resolution for Annexation Nos. 437 and 438 recently ordering the territories annexed to the City of Bakersfield; and WHEREAS, the territory ordered to be annexed to the City of Bakersfield is required to be within a City Council Ward Boundary; and WHEREAS, the LAFCO recently completed the annexations for the territory to the City of Bakersfield, the extedor boundaries of which are described in the attached Exhibit "A" for ANNEXATION NOS. 437 and 438 and shown in Exhibit "B", attached hereto and incorporated as though fully set forth herein. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: Section 1. All of the foregoing recitals are hereby found to be true and correct. Section 2. A portion of Annexation No. 437 (Area 2) shall be included in Ward 1. Section 3. A portion of Annexation No. 437 (Area 1 ) shall be included in Ward 4. Section 4, A portion of Annexation No. 438 (Area 2) shall be included in Ward 4. Section 5. A portion of Annexation No. 438 (Area 1) shall be included in Ward 7, Section 6. Section 1.12.010, 1.12.040 and 1.12.070 of the Bakersfield Municipal Code is hereby amended by adding thereto the legal descriptions set forth in Exhibit "A". Section 7. This ordinance shall be posted in accordance with the Bakersfield Municipal Code and shall become effective upon the annexation of the above-described territory to the City of Bakersfield, but not less than thirty (30) days from and after the date of its passage. I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on AUG ? 2003 by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER COUCH, CARSON, BENHAM,'MA~~B, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER ~ON~. COUNCILMEMBER ~1 COUNCILMEMBER APPROVED AUG 27 2003 PAMELA A. McCARTHY, CMC~ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield HARVEY L. HALL Mayor of the Gity of Bakersfield APPROVED as to form BART J. THILTC.~EN City Attorney Attachments: EXHIBIT "A" - Legal Descriptions. EXHIBIT "B" - Maps. MO:djl S:~An nexation\Ordinances~,nn 437,438-ordina nce.doc EXHIBIT 'A" RENFRO NO. 5- PACHECO NO. 12 ANNEXATION NO. 437 CHECKED by KEnN COUNTY SURVEYORS OFFtC' Apj~oved,,b,y~ .~,~7~.;, lhose two (2) "single areas" being a portion of the southeast 1/4 of Section~,/{^rea No. 1) and portions of the southwest 1/4 of Section 18, the southeast 1/4 of Section 17, the northeast 1/4 of Section 20 and the northwest 1/4 of Section 21, T. 30 S. R. 28 E., M.D.M (Area No. 2), County of Kern, State of California, comprising of 120.85 total acres (more or less), more particu~ad¥ described as follows: Area No. 1 Commencing at the southeast corner of said Section' 34, as located by Kern County Surveyor's concrete monument and designated (by conversion) to be 2,317,325.1479 feet North and 6,214,810.7834 feet East per California Coordinate System (NAD 83) Zone 5; Thence North 89° 29' 45" West, along the south line of said Section 34, a distance of 1325.17 feet to the southwest corner of Parcel B of Parcel Map Waiver No. 741 per Certificate of Compliance filed for record in Book 5885, Page 914, Official Records in the Office of the Kern County Recorder; Thence North 00° 25' 29" East, along the west line of said Parcel B, a distance of 55.00 feet to a corner on the existing corporate boundary of the City of Bakersfield, said comer being the TRUE POINT OF BEGINNING; Thence (1) continuing North 00° 25' 29" East, along the west line of said Parcel B (departing from said corporate boundary line) a distance of 606.69 feet to the northwest corner of said Parcel B, also being another corner on the existing corporate boundary of the City of Bakersfield; Thence Easterly, Southerly and Westedy on and along said corporate boundary for courses (2), (3) and (4) as follows: Thence (2) South 89° 29' 48" East, 126.9.73 feet; Thence (3) South 00° 23' 13" West, 606.71 feet; Thence (4) North 89° 29' 45" West, 1270.13 feet to the POINT OF BEGINNING. Containing 17.69 acres (more or less) Area No. 2 G:~ROUPDAT~R. on~2003~Exhibit A - Annex 437.doc Page 1 of 5 Commencing at the northeast corner of said Section 20 (T. 30 S., R. 28 E., M.D.M.), being a monumented section corner and by calculation being 2,300,736.902 feet North and 6,267,662.3t9 feet East per California Coordinate System (N.A.D. 83) Zone 5; Thence N 89° 49' 15" E, along the north line of said Section 21, a distance of 33.00 feet to a point on the north right of way line of Pacheco Road (Co. Rd. No. 1243); Thence N 00° 06' 18" E, along said north right of way line, 30.00 feet to the point of intersection with the east right of way line of Cottonwood Road (Co. Rd. No. 63 & 188), said point being on the existing corporate boundary line of the City of Bakersfield and is the TRUE POINT OF BEGINNING; Thence (1) departing from said corporate boundary, S 00° 06' 18" W, along said east right of way line, 30.00 feet to a point on the north line of said Section 21; Thence (2) S 00° 01' 00" W, along the east right of way line of Cottonwood Road (Co. Rd. No. 63 & 188), a distance of 2641.18 feet to meet the eastedy prolongation of the south line of the northeast 1/4 of said Section 20; Thence (3) N 89° 53' 17" W, along said south line (and prolongation thereof), 1865.79 feet to a point on the east boundary of Tract No. 1337 filed for record in Book 5 of Maps, Page 181 in the office of the Kern County Recorder; Thence (4) N 00° 34' 28" E, along said boundary line, 660.51 feet to the southeast corner of Tract No. 1093 filed for record in Book 4 of Maps, Page 159 in the office of the Kern County Recorder; Thence (5) N 03° 13' 43" E, along the east boundary line of said Tract No. 1093, a distance of 115.40 feet; Thence (6) N° 07 51' 43" E, along said east boundary line, a distance of 305.71 feet; Thence (7) N 11 ° 51' 43" E, along said boundary line, 247.33 feet to a point on the south line of Parcel 1 of Lot Line Adjustment No. 42-96 per Certificate of Compliance filed for record as Document No. 0196136255 O.R. in the office of the Kern County Recorder;, Thence (8) S 89°-52' 26" E, along said [south line, 76.60 feet to the southeast corner of said lot 1; Thence (9) N 17° 38' 00" E, along the east line of Parcels 1 and 2 of said Lot Line Adjustment (42-96), a distance of 536.13 feet; Thence (10) N 03° 11' 00" E, along the east line of said Parcel 2 (and prolongation thereof), 265.00 feet; Thence (11) N 21° 51' 00" W, 186.46 feet to meet the south line of that parcel of land conveyed to Robed V. Lavelle, Jr. per grant deed filed for record in Book 6456, Page 276, O.R. in the office of the Kern County Recorder; G :~GROU PDAT~Ron~.003'~xhlbit A - Annex 437.doc Page 2 of 5 ORDINAL Thence (12) S 89° 52' 00" E, along the south line of said parcel, 142.30 feet to the southeast corner thereof; Thence (13) N 00° 08' 00" E, along the east line of said parcel and northerly prolongation thereof, 402.00 feet to a point on the north right of way line of Pacheco Road (Co. Rd. No. 1339), said point also being on the existing corporate boundary line of the City of Bakersfield; Thence (14) S 89° 52' 00" E, along said right of way line and corporate boundary line, 1399.99 feet to a point on the east line of said Section 17; Thence (15) N 89° 49' 15" E, along said corporate line, 33.00 feet to the TRUE POINT OF BEGINNING. Containing 103.16 Acres (more or less) G:/GROUPDAl'IRon!2.003~Exhiblt A - Annex 437.doc Page 3 of 5 EXHIBIT "A" SPRINGDALE NO. 1 - ALLEN ROAD NO. 7 ANNEXATION NO. 438 Those two (2) "single areas" being a portion of the southwest ¼ of Section 24, T. 30 S., R. 27 E., M.D.M., being Area No. 1 (Springdale No. 1) and a portion of the northwest tA of Section 12, T. 29 S., R. 26 E., M.D.M., being Area No. 2 (Allen Road No. -7), in the County of Kern, State of California, comprising 79.95 total acres (more or less), more particularly described as follows: Area No. 1 (Springdale No. 1) That parcel of land being a portion of Parcel "A" of Parcel Map No. 1073, filed for record in Book 5 of Parcel Maps, Page 189 and a portion of Lot 15 of Tract No. 3497, filed for record in Book 23 of maps, Page 138, in the Office of the Kern County Recorder, more particularly described as follows: Commencing at the south ¼ corner of said Section 24 being monumented and located within the right of way for the Bakersfield Bypass (State Route VI KER 99), said ¼ comer calculated to be 2,295,576.402 feet North and 6,254,282.934 feet East per California Coordinate System (N.A.D. 83), Zone 5; Thence N 51 ° 29' 12" W, 1817.67 feet to meet the northwest corner of Lot 15 of said Tract No. 3497, said lot comer also being on the existing corporate boundary of the City of Bakersfield and is the TRUE POINT OF BEGINNING; Thence (1) N 00° 40' 45" E, along said corporate boundary line, also being the west line of said Parcel "A" (Parcel Map No. 1073), a distance of 54.19 feet; Thence (2) departing from said corporate boundary line, S 03° 52' 01" E, 25.44 feet; Thence (3) Thence (4) Thence (5) Thence (6) Thence (7) S 23° 51' 07" E, 19.77 feet; S 04° 19' 12"W, 21.49 feet; S 47° 38' 52" E, 17.65 feet; S 67° 10' 43" E, 30.49 feet; S 61° 40' 55" E, 12.26 feet; CHECKED by KERN COUN'I'Y SURVEYORS OFFICE Date App,'o×ed b~ Thence (8) S 35° 26' 06" E, 27.59 feet to meet the north right of way line of Sunflower Way in said Tract No. 3497; Thence (9) N 89° 19' 15" W, along said right of way line 77.41 feet to meet the west boundary line of said Tract No. 3497 also being a point on the existing corporate boundary line of the City of Bakersfield; Thence (10) N 00° 40' 45" E, along said Tract Boundary Line and Corporate Boundary Line, 61.80 feet to the TRUE POINT OF BEGINNING. × ~,,~... ~, Containing 0.06 acres (more or less) ~ Page 4 of 5 ~O~i ~ Area No. 2 (Allen Road No, 7) Commencing at a point on the west line of said Section 12 being the southwest corner of Lot 9 of Sales Map of the Lands of Kem County Land Company filed for record May 20, 1892, in the Office of the Kern County Recorder, also being the point of intersection of the center lines of Allen Road (Co. Rd. No. 67 & 843) and Olive Drive (Co. Rd. No. 67), said corner also being monumented and calculated to be 2,341,021.367 feet North and 6,220,367.014 feet East per California Coordinate System (N.A.D. 83), Zone 5; Thence S 89° 18' 22" E, along the south line of Lots 9, 10 and 11 o[ said Sales Map of the Lands of Kern County Land Co; (and center line of Olive Drive), 1407.14 feet to the southeast corner of Lot "B" of Lot Line Adjustment No. 122-99 per Certificate of Compliance filed for record as Document No. 199183952, O.R., said point also being on the existing corporate boundary of the City of Bakersfield; Thence N 00° 44' 36" E, along the east line of said Lot "B" (and corporate boundary line), 30.00 feet to meet the north right of way line of said Olive Drive, said point being'the TRUE POINT OF BEGINNING; Thence (1) departing from said corporate boundary, N 89° 18' 22" W, along said right of way line, 1377.14 feet to meet the east line of the west 30.00 feet of said Section 12, also being the east right of way line of Allen Road (Co. Rd. No. 67 & 843); Thence (2) N 00° 44' 36" E, along said east right of way line, 2585.57 feet to meet the south line of the north 30.00 feet of said Section 12, also being the south right of way line of Snow Road (Co. Rd. No. 843); Thence (3) S 89° 17' 53" E, along said right of way line, 1292.61 feet to meet the east line of Lot "F" of said Lot Line Adjustment No. 122-99, said point also being on the existing corporate bo~lndary of the City of Bakersfield; Thence (4) S 00° 44' 36" W, along the east line of said Lot "F" (and corporate boundary line), a distance of 957.25 feet to meet the north line of Lot "B" of said Lot Line Adjustment No. 122- 99; Thence (5) S 89° 22' 01" E, along said north line (and corporate boundary line), 84.53 feet to the northeast comer of said Lot "B"; Thence (6) S 00° 44'36" W along the east line of said Lot "B" (and corporate boundary line), 1628.23 feet to meet the north right of way line of Olive Drive and the TRUE POINT OF BEGINNING. Containing 79.89 acres (more or less) Note: Area No. 2 of City Annexation No. 438 (Allen Road No. 7) shall also be designated as a reorganization area for annexation to North of the River Sanitary Distdct No. 1. G:~GROUPDAT~Ron~003~EXHII~IT A - Annex 438.doc Page 5 of 5 VICINITY MAP P.O.B. t RENFRO NO. 5 - PACHECO NO. 12. (AREA I) EXHIBIT "B" Page 1 of 4 SEC. DETAIL "A" P.O.B. PACHECO RD (14) o SEE DETAIL (~3) (~) (~) REXLAND DR (s) (~o) ~ (9) 33 (7) (6) T. 30 5., R 28 E. M. DY~. (s) i(4) FATRV~EW RD RENFRO NO. ~ - PACHECO No. ~2 i,~. ~6 ~S EXH~BZT "B" Page 2 of 4 (3) ~ PARCEL B i T. 3os. .; RCELA R. 27 E. · ~1 Porcel Mop No. 107.3 , I~ ~5) Tra~ No. 3497 g 0 N51 Zg'[2'W :81767'~m ~ 6.254,282.550' E Page 3 of 4 J ,/ EXHIBIT 'B' CiTY OF' BAKERSFIELD AND SANITARY DIS~ICT No. 1 ~NNEX~ T/ON OF A~N ~AD No. 7 TO ~E CITY OF ~AKERS~LD 79.88 ACRES Page 4 of 4 AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) SS. County of Kern ) PAMELA A. McCARTHY, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 28th day of Au.qust , 2003 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4137 , passed by the Bakersfield City Council at a meeting held on the 27th day of AuRust 2003 and entitled: AN ORDINANCE AMENDING BAKERSFEILD MUNICIPAL CODE SECTION 1.12.010, 1.12.040 & 1.12.070 BY ADDING A PORTION OF ANNEXATION NO. 437 TO WARD 1 AND WARD 4, AND A PORTION OF ANNEXATION NO. 438 TO WARD 4 AND WARD 7. /si PAMELA A. McCARTHY City Clerk of the City of Bakersfield