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HomeMy WebLinkAboutRES NO 61-96RESOLUTION NO. 6 1 ~' 9 6 A RESOLUTION MAKING FINDINGS THAT SUFFICIENT MAJORITY V~I'I'I'EN PROTEST HAS NOT BEEN FILED AND ORDERING THE TERRITORY DESIGNATED AS PROCEEDING NO. 1198, ANNEXATION NO. 386, GREENHILLS NO. I ANNEXATION, ANNEXED TO THE CITY OF BAKERSFIELD AND INCLUDED IN THE GREATER BAKERSFIELD SEPARATION OF GRADE DISTRICT (WARD 3). WHEREAS, Resolution of Application No. 155-95, dated October 11, 1995, 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. 1198, Annexation No. 386 (Greenhills No. 1), 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 March 26, 1996; and WHEREAS, following said public hearing the Commission, on March 26, 1996, adopted its Resolution Making Determination, being Resolution No. 96-04, recorded in Minute Book 42 of said Commission; and WHEREAS, on April 17, 1996, the City Clerk of the City of Bakersfield set WEDNESDAY, MAY 27, 1996, 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 outside the Greater Bakersfield Separation of Grade District; and WHEREAS, section 8290 of the Streets and Highway Code of the State of California provides that the unincorporated territory of a county which was not included within a separation of grade district at the time of formation of such district, and which subsequent to formation of such district is annexed to or otherwise included within a city which is a part of such district, shall immediately upon such annexation to such city be included within the district and shall thereafter become a part of the district to the same extent as such city; except such portion or portions thereof which the City Council has determined will not be benefitted by inclusion in the district; and WHEREAS, on April 17, 1996, the Council of the City of Bakersfield adopted its Resolution No. 46-96 specifying that unless excluded by the City Council, all portions of proposed Greenhills No. I Annexation shall, upon annexation to the City of Bakersfield, be included within the Greater Bakersfield Separation of Grade District, and setting WEDNESDAY, MAY 22, 1996, at the hour of 7:00 P.M. (or soon thereafter as the matter could be heard) in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time, date and place to hear any objections to proposed annexation and inclusion within said district and said notice was published as required by law; and WHEREAS, the public hearing was duly and regularly conducted by and before the City WHEREAS, the public hearing was duly and regularly conducted by and before the City Council at its meeting of May 22, 1996, in all respects in accordance with Resolution No. 46-96. follows: NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as 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 lhe assessed value of the land within the territory to be annexed. 2. That the said territory designated as Proceeding No. 1198, Annexation No. 386 (Greenhills No. I Annexation), 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 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. 5. In accordance with Section 8294 of the Streets and Highways Code, the City Council has heard all relevant and pertinent objections, if any, to inclusion within the Greater Bakersfield Separation of Grade District of any portion or portions of the territory described as Greenhills No. 1 Annexation, as described in Exhibit "A" and shown on the map marked Exhibit "B", attached hereto and incorporated as though fully set forth. 6. In accordance with Section 8295 of the Streets and Highways Code, at its discretion, the City Council determined that all portions of the territory should be included in the Greater Bakersfield Separation of Grade Districl, as all such territory is benefitted by such inclusion. 7. In accordance with Section 8296 of the Streets and Itighways Code, the Clerk shall notify the Secretary of the District and shall furnish such Secretary with a certified copy of this resolution. 8. 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. 2 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 WAY Z 2 lffi8 , by the following vote: AYES: COUNCILMEMBER DeMOND, CARSON, SMITH, McDERMOTt, ROWLES, SULLIVAN, SALVAGGtO NOES: COUNCILMEMBER ~Orl~ ^SSTAlN: COUNCILMEMBER ~1~. ABSENT: COUNCILMEMBER Acting CITY CLERK and Ex Officio Clear of the Council of the City of Bakersfield APPROVED ~A¥ Z Z ~ MAYOR of the City of Bakersfield APPROVED as to form: JUDY SKOUSEN CITY ATTORNEY MO:pjt March 27, 1996 re s~'sg di.g 1 3 · ~ · ;~.. : VICINITY MAP ANNEXATION OF GREENHILLS NO. I EXHIBIT 'B" / EXHIBIT "A" GREENHILLS NO. 1 ANNEXATION NO. 386 A parcel of land being a portion of the east half of Section 16, T.29S., R.29E., M.D.M., County of Kern, State of California, more particularly described as follows: Commencing at the northeast corner of said Section 16 being monumented by a "found piece of oil well sucker rod in rock mound" as shown on STATE HIGHWAY MAP SHOWING MONUMENTS FOUND, SET, AND RESET, filed in Map Book 4, Page 115 in the office of the Kern County Surveyor, said section corner also being designated as N. 697, 185.623 feet, E. 1,743, 709.111 feet by the California Coordinate System, Zone 5; THENCE SOUTH 00° 10' 36" EAST, along the east line of said section, a distance of 2641.97 feet to the east quarter corner thereof, as shown on Parcel Map No. 1355 filed for record in'Book 12 of Parcel Maps, Page 122 in the office of the Kern County Recorder, said point 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, SOUTH 00° 10' 36" EAST, along said section line, 1320.99 feet to the southeast corner of Parcel 3 of said Parcel Map No. 1355; THENCE (2) SOUTH 89° 44' 17" WEST, along the south boundary line of said Parcel Map No. 1355, a distance of 1318.18 feet to the southwest corner of Parcel 1 thereof; THENCE (3) NORTH 00° t0' 03" WEST, along the west line of said Parcel 1, a distance of 1320.68 feet; THENCE (4) NORTH 00° 10' 02" WEST, along said west line and prolongation thereof, 193.37 feet to a point on the northerly line of the 80 foot wide right of way for State Route V1-KER-178; THENCE (5) NORTH 68° 44' 34" EAST, along said state right of way line, 706.26 feet to a point on the east line of Parcel 2 of Parcel Map No. 1356 filed for record in Book 7 of Parcel Maps, Page 137 in the office of the Kern County Recorder; THENCE (6) NORTH 00© 10' 19" WEST, along said east line. 16.08 feet to a point on the northerly line of that public access easement and irrevocable offer of dedication of easement for road purposes filed for record in Book 4749, Page 705. Official Records, in the office of the Kern County Recorder; THENCE (7) NORTH 68° 44' 38" EAST, along said easement line (and prolongation thereof) 706.20 feet to a point on the east line of said Section 16, also being a point on the existing corporate boundary of the City of Bakersfield: THENCE (8) southerly along said corporate boundary line to the TRUE POINT OF BEGINNING. Containing 54 acres (more or less)