HomeMy WebLinkAboutRES NO 3-95RESOLUTION NO. 3 '" 9 5
A RESOLUTION MAKING FINDINGS THAT SUFFICIENT
WRII'rEN PROTEST HAS NOT BEEN FILED AND
ORDERING THE TERRITORY DESIGNATED AS
PROCEEDING NO. 1171, ANNEXATION NO. 382,
HAGEMAN NO. 2, ANNEXED TO THE CITY OF
BAKERSFIELD AND INCLUDED IN THE GREATER
BAKERSFIELD SEPARATION OF GRADE DISTRICT
(WARD 4).
WHEREAS, Resolution of Application No. 51-94 dated April 20, 1994,
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. 1171, Annexation No. 382 (Hageman No. 2), the exterior boundaries of
which are described in Exhibit "A" and shown on the map marked Exhibit "B" 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 November 22, 1994; and
WHEREAS, following said public hearing the Commission, on November
22, 1994, adopted its Resolution Making Determination, being Resolution No. 94-31,
recorded in Minute Book 41 of said Commission; and
WHEREAS, on December 1, 1994, the City Clerk of the City of Bakersfield
set WEDNESDAY, JANUARY 11, 1995, 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
ORtGINAL
WHEREAS, on December 14, 1994, the Council of the City of Bakersfield
adopted its Resolution No. 195-94 specifying that unless excluded by the City Council, all
portions of proposed Hageman No. 2 Annexation shall, upon annexation to the City of
Bakersfield, be included within the Greater Bakersfield Separation of Grade District,
and setting WEDNESDAY, JANUARY 11, 1995, 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 December 14, 1994, in all respects in
accordance with Resolution No. 195-94.
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. 1171, Annexation
No. 382 (Hageman No. 2), 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 Hageman No. 2, as described in Exhibit "A" and shown on the map
marked Exhibit "B", attached hereto and incorporated as though fully set forth.
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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 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.
.......... 000 ..........
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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
JAN 1 1 1~1~ , by the following vote:
AYES: COUNCILMEMBER DeMOND, CARSON, SMITH, McDERMOTT, ROWLES, ..... , SLAYAGGIO
~OES: COUNC~LEmB~ ~
ABSTAIN: COUNCILMEMBER -] ~
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED JAN 1 I ~995
~A%~~of the~iCi~~of Bakersfield
APPROVED as to form:
JUDY SKOUSEN
CITY ATTORNEY
LAURA C. MARINO
Assistant City Attorney
MO:pjt
res~rsgdl.h2
December 22, 1994
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EXHIBIT 'A'
HAGEMAN NO. 2
ANNEXATION NO. 382
A parcel of land being a portion of the northeast 1/4 of Section
24, T. 29 S., R. 26 E., M.D. M., and the northwest 1/4 of Section
19, T. 29 S., R. 27 E., M. D. M., County of Kern, State of
California, more particularly described as follows:
Co~=~encing at a point on the east line of said Section 24, distant
South 00'15'22" East, 514.17 feet from the northeast corner of said
section, said point also being the northeast corner of Tract No.
4718 per map filed in Book 34 of Maps, page 163 in the office of
the Kern County Recorder;
THENCE North 89'46'17" East, along the easterly prolongation of the
north line of said Tract No. 4718, a distance of 30.00 feet to a
point on the east right of way line of Jewetta Avenue {County Road
No. 366) also. being a point on the existing corporate boundary of
the City of Bakersfield and the TRUE POINT OF BEGINNING;
THENCE (1) South 00'15'22" East, along the east right of way line
of Jewetta Avenue, 342.68 feet to an angle point thereon;
THENCE (2) North 89'09'04" East, 25.00 feet;
THENCE (3) South 00'15'22" East, along said east right of way line,
171.77 feet to a point on the easterly prolongation of the south
line of said Tract NO. 4718;
THENCE (4) South 89'46'17" West, 55.00 feet to the southeast corner
of said Tract No. 4718;
THENCE (5) Continuing South 89'46'17" West, along the south line of
said tract, a distance of 1759.75 feet to the southwest corner
thereof;
THENCE (6) North 00'19'21" West, along the west line of said tract,
a distance of 29.42 feet;
THENCE (7) South 89'46'17" West, 20.00 feet to an angle point on
the existing corporate boundary of the City of Bakersfield;
THENCE (8) Northerly and Easterly along said existing corporate
boundary line to the point of beginning.
Containing 21.45 acres
O~:Gi~AL
(more or less)
PRE-CH2CKED by
~'rF__F:J C.OUNTY SURVEYORS CFF,_:
T. 29 S., R. 26 E., M.D.B. & M.
P M No 2i$55
f~ANNEXATION NO. 274
~ .jENLEE . AVENUE.
RO.B
ANNEXATION NO. '~1[12
RESOLUTION NO.
ANNEXATION OF
HAOEMAN No. 2
TO THE CITY OF BAKERSFIELD
:~1.4,5 -* ACRES
SCALE:
200 0 200 400 6~30
'-~'-~¥~'-~. EXISTING CORPORATE BOUNDARY
m PROPOSED ANNEXATION BOUNDARY
EXHIBIT "B"
....... (5)
5 4
RM. NO. 27;51
(3)
TRACT
(4
TRACT
4.249