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HomeMy WebLinkAboutRES NO 48-95RESOLUTION NO. 4 8 ' 9 5 A RESOLUTION MAKING FINDINGS THAT NO WRITTEN PROTEST HAS BEEN FILED AND ORDERING THE TERRITORY DESIGNATED AS PROCEEDING NO. 1177, ANNEXATION NO. 381, KERN CANYON ROAD NO. 1, ANNEXED TO THE CITY OF BAKERSFIELD AND INCLUDED IN THE GREATER BAKERSFIELD SEPARATION OF GRADE DISTRICT (WARD 3). WHEREAS, Resolution of Application No. 52-94, 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. 1177, Annexation No. 381 (Kern Canyon Road No. 1), 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 January 24, 1995; and WHEREAS, following said public hearing the Commission, on January 24, 1995, adopted its Resolution Making Determination, being Resolution No. 95-2, recorded in Minute Book 42 of said Commission; and WHEREAS, on February 8, 1995, the City Clerk of the City of Bakersfield set WEDNESDAY, MARCH 8, 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 othenvise 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 January 25, 1995, the Council of the City of Bakersfield adopted a resolution specifying that unless excluded by the City Council, all portions of proposed Kern Canyon Road No. I Annexation shall, upon annexation to the City of Bakersfield, be included within the Greater Bakersfield Separation of Grade District, and setting WEDNESDAY, MARCH 8, 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 March 8, 1995, in all respects in accordance with the City Council resolution of February 8, 1995. 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. 1177, Annexation No. 381 (Kern Canyon Road No. 1), 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 Kern Canyon Road No. 1, 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 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. ......... o0o ........ 3 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 MAR 0 8 ~ , by the following vote: Assistant CITY CLERK and Ex Officio Cler~/of the Council of the City of Bakersfield APPROVED MAYOR of the City of Bakersfield APPROVED as to form: JUDY SKOUSEN CITY ATTORNEY LAURA C. MARINO Assistant City Attorney MO:pjt January 30, 1995 res~rsgd l.kc I 4 EXHIBIT "A" KERN CANXON ROAD NO. ANNEXATION NO. 381 A parcel of land being portions of Sections 19 and 20 and all of Sections 21 and 29, Township 29 South, Range 29 East, M.D.M., County of Kern, State of California, more particularly described as follows: Beginning at the north 1/4 corner of said Section 21, also being an angle point on the existing corporate boundary of the City of Bakersfield. THENCE (1) departing from said existing corporate boundary, easterly,- along the north line of said Section 21, a distance of 2636.58 feet to the northeast corner thereof; THENCE (2) southerly, along the east line of said section, a distance of 5279.86 feet to the southeast corner thereof; THENCE (3) Westerly along the south line of said Section 21, a distance of 5265.54 feet to the northeast corner of said Section 29; THF~NCE (4) Southerly along the east line of said Section 29, a distance 5278.80 feet to the southeast corner thereof; THENCE (5) westerly, along the south line of said section, a distance of 5281.02 feet to the southwest corner thereof; THENCE (6) northerly along the west line of said section, a distance of 5299.14 feet to the southeast corner of said Section 19; THENCE (7) westerly, along the south line of said Section 19, a distance of 407.10 feet (more or less) to a point on the southeasterly right of way line of Kern Canyon Road (State Route VI KER 184), said point also being on the existing corporate boundary line of the City of Bakersfield; THENCE (8) northeasterly, easterly, northerly and easterly along said corporate boundary line, to the point of beginning. Containing 1428.82 acres (more or less) 0:3794 ~(7) 6) 29 (4: I XP.O... (2) 28 I ? 27 RESOLUTION NO, ANNEXATION OF KERN CANYON ROAD No. I TO THE CITY OF BAKERSFIELD L'~ZS.B2; ACRES EXHIBIT "B"