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HomeMy WebLinkAboutRES NO 71-96RESOLUTION NO. 7 1 ' 9 6 A RESOLUTION MAKING FINDINGS THAT SUFFICIENT MAJORITY WRITTEN PROTEST HAS NOT BEEN FILED AND ORDERING THE TERRITORY DESIGNATED AS PROCEEDING NO. 1201, REORGANIZATION ANNEXATION NO. 387, POTOMAC NO. 1, ANNEXED TO THE CITY OF BAKERSFIELD AND INCLUDED IN THE GREATER BAKERSFIELD SEPARATION OF GRADE DISTRICT (WARD 1). WHEREAS, Resolution of Application No. 18-96, dated January 24, 1996, was submitted to the Local Agency Formation Commission of Kern Connty ("Commission") for the Reorganization of territoo' by annexing to the City of Bakersfield and detachment from the Kern Sanitation Authority designated as Proceeding No. 1201, Annexation No. 387 (Potomac 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 May 28. 1996: and WHEREAS, following said public hearing the Counnission, on May 28, 1996, adopted its Resolution Making Determination, being Resolution No. 96-09, recorded in Minute Book 43 of said Commission: and WHEREAS, on May 28, 1996, the City Clerk of the City of Bakersfield set WEDNESDAY, JUNE 26, 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 Traxtun Avenue, Bakersfield, California, as the time, date and place of hear/ng on the proposed reorganization and annexation and the owners of land within the said territoo, were duly informed of their right to file x~'itten 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 inside the Greater Bakersfield Separation of Grade District; and WHEREAS, said territory lies inside the Kern Sanitation Authority. 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with Sections 57075 and 57078 of the Government Code, it is hereby found that written protests, if any, filed and not withdrawn prior to the conclusion of the hearing represent land oxvners owning less than 50 pcmcnt of the assessed value of the land within the territory to be annexed to the City of Bakersfield and detached from the Kcm Sanitation Authority.. 2. That the said territory designated as Proceeding No. 1201, Annexation No. 387 (Potomac No. 1 Annexation), and described herein, and every part thereof, is hereby ordered annexed to the City of Bakersfield and detached to the Kern Sanitation Authority.. 3. That the Clerk shall forthwith transmit a certified copy of this resolution ordexing a change oforgnnization, 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 Comn~_'~'~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 Count5', with the surveyor of Kem Count), and with the Clerk of the City of Bakersfield· 5. In accordance with Section 8295 of the Streets and Highways Cede, at its discretion, the City Council determined that all portions of the territory should be included in the Greater Bakersfield Separation of Grade District, as all such territory is benefitted by such inclusion. 6. In accordance with Section 8296 of the Streets and Highways Code, the Clerk shall noti~ the Secretary of the District and shall fumish 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. 8. That the Clerk shall forthwith transmit a certified copy of this resolution to Ronald F. Ruettgcrs, Civil Engineer, c/o Greater Bakersfield Separation of Grade District, 1801 - 2 l st Street, Bakersfield, CA 93301. ......... 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 JtJN 2 $ 1~ , by the following vote: AYES: COUNCiLMEMBER DeMOND, CAR,SON, SMITH, McDERMOTT, ROWLES, SULLIVAN, SALVAGGIO NOES: COUNCiLMEMBER ABSTAIN: COUNCILMEI~ER ABSEm: COUNCILMEMBER ~ctlr~g CITY CLERK and Ex Officib~Elerk of the Council of the City of Bakersfield JUN 2 $ APPROVED MAYOR of the City of Bakersfield APPROVED as to form: JUDY SKOUSEN CITY ATTORNEY res~sgdp l Jtmd 5, 1996 EXHIBIT "A" POTOMAC NO. 1 ANNEXATION NO. 357 A parcel of land being a portion of the Northwest ¼ of Section 33, T. 29 S., R. 28 E., M.D.M, County of Kern, State of California, more particularly described as follows: Commencing at the north 1/4 corner of said Section 33 being monumented by "Found K.C.S. Cone. Mon't. in Lamphole" as shown on SURVEY INVESTIGATION AND PERPETUATION filed in Book 6 of Maps, Page 107 in the Office of the Kern County Surveyor, said ¼ corner being designated as N. 681,440.96'7, E. 1,709,174.466 by the California Coordinate System, Zone 5; THENCE S. 00° 01' 30" W., along the mid-section line of said Section 33 (also being the center line of Washington Avenue), 1320.25 feet to a point on the center line of Potomac Avenue (Co. Rd. No. 399); THENCE N. 89° 53' 30" W., along said center line, 950.52 feet to a point on the easterly line of the Right of Way for the SOUTHERN PACIFIC RAILROAD-ALPHALTO BRANCH, said Right of Way line being a non-tangent curve, having a radius of 10,647.065 feet, concave northwesterly, having a radial bearing of N. 71° 47' 02" W. from said point on curve; THENCE Southwesterly along said Right of Way curve through a central angle of 00° 10' 12" an arc distance of 31.59 feet to a point on the South Right of Way line of Potomac Avenue. 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, S. 890 53' 30" E., along the south line of Potomac Avenue. 273.60 feet to a point on the West Right of Way line of Monticello Avenue; THENCE (2) S. 00° 00' 33" W., along said Right of Way line, 630.00 feet to a point being the Southeast corner of Lot 8 of GORRILL'S ADDITION to the Town of Kern, filed for record in Book 1 of Maps, Page 141, in the Office of the Kern County Recorder; THENCE (3) N. 89° 53' 14" W., along the South line of said Lot 8, a distance of 513.50 feet to a point on said easterly Right of Way line of the SOUTHERN PACIFIC RAILROAD- ASPHALTO BRANCH, also being a point on the existing corporate boundary of the City of Bakersfield; THENCE (4) Northeasterly, along said corporate boundary line, to the POINT OF BEGINNING. Containing 6 acres (more or less) -F, 29 S. R,26 £. ANNEXATION OF POTOMAC NO. I EXHIBIT "B"