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Home My WebLink AboutRES NO 103-96RESOLUTION A RESOLUTION MAKING FINDINGS THAT NO WRITTEN PROTEST HAS BEEN FILED AND ORDERING THE TERRITORY DESIGNATED AS PROCEEDING NO. 1204, ANNEXATION NO. 389, OLIVE NO. 2 ANNEXATION, ANNEXED TO THE CITY OF BAKERSFIELD (WARD 4). WHEREAS, Resolution of Application No. 40-96, dated March 20, 1996, was submitted to the Local Agency Formation Commission of Kern County ( Comm SSlOn ) for the annexation of territory to the City of Bakersfield designated as Proceeding No. 1204, Annexation No. 389 (OLIVE DRIVE No. 2) 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 June 25, 1996; and WHEREAS, following said public hearing the Commission, on June 25, 1996, adopted its Resolution Making Determination, being Resolution No. 96-13, recorded in Minute Book 43 of said Commission; and WHEREAS, on June 18, 1996, the City Clerk of the City of Bakersfield set WEDNESDAY, AUGUST 21, 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 July 10, 1996, the Council of the City of Bakersfield adopted its Resolution No. 81-96 specifying that unless excluded by the City Council, all portions of proposed Olive Drive No. 2 Annexation shall, upon annexation to the City of Bakersfield, be included within the Greater Bakersfield Separation of Grade District, and setting WEDNESDAY, AUGUST 21, 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 Council at its meeting of August 21, 1996, in all respects in accordance with Resolution No. 81-96. 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 landowners owning less than 50 percent of the assessed value of the land within the territory to be annexed. 2. That the said territory designated as Proceeding No. 1204, Annexation No. 389 (0live Drive No. 2 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 Olive Drive No. 2 Annexation, as described in Exhibit "A" and shown on the map marked Exhibit "B", attached hereto and incorporated as though fully set forth. 2 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 District, as all such territory is benefitted by such inclusion. 7. In accordance with Section 8296 of the Streets and Highways Code, the Clerk shall notifi/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. ......... 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 AU8 2 ! 1~6 , by the following vote: /~N(~E~S;. CC~L~,~i~MMEE,~9B~RR DeMOND, CARS~/~, .~ ~81~, McDERMOTT, ROWLES SULLIVAN, $ALVAGGIO AB~E~,~ ~ COUNCILMEMBER · 4'ctirlg CITY CLERK and Ex Offici~t.J:~lerk Council of the City of Bakersfield APPROVED AUG 2 ! 1996 S ~O~'PRICE MAYOR of the City of Bakersfield of the APPROVED as to form: JUDY SKOUSEN CITY ATTORNEY MO:pjt July 17, 1996 res\rsgdwl Exhibit "A" Olive Drive No. 2 Annexation No. 389 A parcel of land being a portion of the northeast quarter of Section 16, T. 29 S., R. 27 E., M.D.M., County of Kern, State of California, more particularly described as follows: Commencing at the northeast corner of said Section 16, as monumented by a Kern County Surveyors concrete monument in a lamphole, said section corner being designated as N. 697,697.005, E. 1,680,084,924, per the California Coordinate System, Zone 5; Thence S. 00° 36' 25" E., along the east line of said Section 16, a distance of 662.90 feet to a point being the southeast corner of Tract No. 5775 per map filed for record in Book 41 of Maps, Page 173 in the office of the Kern County Recorder; Thence N. 89° 48' 07" W., 55.01 feet to a point on the west right of way line of Fruitvale Avenue also being a point on the existing corporate boundary of the City of Bakersfield and the TRUE POINT OF BEGINNING; Thence (1) departing from said corporate boundary, along the south boundary line of said Tract 5775, N. 89° 48' 07" W., 1244.75 feet to a point on the east right of way line of Jordan Street; Thence (2) N. 00° 27' 03" W., along said east right of way line, 587.33 feet; Thence (3) N. 44° 52' Off' E., 28.44 feet to a point of the south right of way line of Olive Drive; Thence (4) S. 89° 48' 57" E., along said right of way line, 557.11 feet; Thence (5) S. 88° 56' 52" E., along said right of way line, 330.04 feet; Thence (6) S. 85° 03' 08" E., along said right of way line, 120.42 feet; Thence (7) S. 89° 48' 57" E., along said right of way line, 240.97 feet to a point on the west line of the east 30 feet of said Section 16, also being a point on the existing corporate boundary of the City of Bakersfield; Thence (8) southerly and westerly, along said existing corporate boundary line, to the TRUE POINT OF BEGINNING. Containing 18 acres (more or less) PEMBROK~E AVENUE TRACT NO. 5775 M.B. 41 3, P. 173 AVENUE HOOPER VICINITY MAP PROJECT 4" MADONNA DRIVE SUN MEADOW AVENUE courr I DRIVE R0. B. " ANNEXATION NO, tANNEXATION OF OLIVE DRIVE No, 2 TO THE CITY OF MRRLD I ...... ~ EX~ C~ EXHIBIT "B"