The URL can be used to link to this page

Home My WebLink AboutRES NO 74-95RESOLUTION NO. 7 4 ' 9 5 A RESOLUTION MAKING FINDINGS THAT SUFFICIENT WRITTEN PROTEST HAS NOT BEEN FILED AND ORDERING THE TERRITORY DESIGNATED AS PROCEEDING NO. 1178, ANNEXATION NO. 380, CALLOWAY NO. 6, ANNEXED TO THE CITY OF BAKERSFIELD AND INCLUDED IN THE GREATER BAKERSFIELD SEPARATION OF GRADE DISTRICT (WARD 4). WHEREAS, Resolution of Application No. 50-94 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. 1178, Annexation No. 380 (Calloway No. 6), 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 March 28, 1995; and WHEREAS, following said public hearing the Commission, on March 28, 1995, adopted its Resolution Making Determination, being Resolution No. 95-6, recorded in Minute Book 42 of said Commission; and WHEREAS, on April 17, 1995, the City Clerk of the City of Bakersfield set WEDNESDAY, MAY 3, 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 ORIGINAL WHEREAS, on March 8, 1995, the Council of the City of Bakersfield adopted its Resolution No. 43-95 specifying that unless excluded by the City Council, all portions of proposed Calloway No. 6 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 March 8, 1995, in all respects in accordance with Resolution No. 43-95. 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. 1178, Annexation No. 380 (Calloway No. 6), 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 Calloway No. 6, as described in Exhibit "A" and shown on the map marked Exhibit "B", attached hereto and incorporated as though fully set forth. 2 ORIGINAL 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. 3 ORIGIN,~L 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 _C~un._cjl of the City of Bakersfieldat a regular meeting thereof held on MAY I1 1~5 , by the following vote: ~VFS: COUNCILMEMBER DeMOND, CARSON, SMITH, M~"~'.~I~, ROWLES, CHOW, ~ O~ ~, ~b~LMEM~R .... ~ ~ ~ ~ A~5~A~, COUNCIlEMbER ABSENi: COUNCIlEMBER ~ APPROVED MAY 3 1995 KEVIN MCDERMOTT Mayor Pro Tem APPROVED as to form: JUDY SKOUSEN C1TY ATTORNEY dC .lCO Assistant City Attorney CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield MO:pjt rcs\rsgdl.c6 April 3, 1995 ORIGINAL EXHIBIT "A" ANNEXATION NO. 380 CALLOWAY NO. 6 A parcel of land being a portion of the.Southeast 1/4 of Section 30 and the Northeast 1/4 of Section 31, Township 29 South, Range 27 East, M.D.M., County of Kern, State of California, more particularly described as follows: Con~nencing at a point on the North line of said Section 31, distant North 89'06'37" West, 600.37 feet from the northeast corner of said section; THENCE South 00'43'24" West, 603.38 feet to a point on the west line of Lot 1 of "Sales Map of Lands of Kern County Land Company", per Map filed April 20, 1891 in the office of the Kern County Recorder, said point also being on the existing corporate boundary of the City of Bakersfield and is the true point of beginning; THENCE departing from said corporate boundary, on and along the westerly right of way line of the adopted SPECIFIC PLAN LINE for the realignment of Calloway Drive and Brimhall Road for the first eight (8) courses: THENCE (1) North 50'44'20" East, 57.04 feet; THENCE (2) North 49'52'38" East, 59.19 feet to the beginning of a non-tangent, 1441.53 foot radius curve, concave northwesterly, having a radial bearing of North 40'08'59" West from said beginning of curve; THENCE (3) Northeasterly along said curve through a central angle of 10'28'32" an arc distance of 263.56 feet to the beginning of a non-tangent, 1440.00 foot radius curve, concave northwesterly, having a radial bearing of North 49'43'54" West from said beginning of curve; THENCE (4) Northeasterly along said curve through a central angle of 09'43'50" an arc distance of 244.56 feet; THENCE (5) North 24'16'02" West, 49.03 feet to the beginning of a non-tangent, 1430.00 foot radius curve, concave southwesterly, having a radial bearing of South 10'55'40" West from said beginning of curve; THENCE (6) Northwesterly along said curve through a central angle of 05'33'45" an arc distance of 138.83 feet; THENCE (7) North 81'46'33" West, 112.51 feet; THENCE (8) North 88'14'34" West, 140.08 feet to a point on the west line of said Lot 1 of "Sales Map of Lands of Kern County Land Company", said point also being on the existing City of Bakersfield corporate boundary line; THENCE (9) North 00'43'24" East, along said lot line and northerly prolongation thereof (also being said corporate boundary line) a distance of 87.88 feet to a point on the north line of the south 30.00 feet of said Section 30, also being on the north right of way line of Brimhall Road (Co. Rd. No. 589); THENCE (10) Departing from said corporate boundary, South 89'06'37" East, along said road right of way line, a distance of 620.44 feet to a point on the existing corporate boundary of the City of Bakersfield; THENCE (11) Southerly, Westerly and Northerly on and along said existing corporate boundary line to the point of beginning. Containing 16.14 Acres (more or less) wn~O:429894 1415 KFRN ANN£XATION NO. _~_0 RESOLUTION NO. __ ANNEXATION OF CALLOWAY No. 6. TO 1H£ CITY O~ BAKFRSFI£LD SCALE: ,~66- % ,mo eoo [t,~o '-'-~'-"~, EXISTING CORPORATE BOUNDARY ~ pROPOSED ANNEXATION B~IJND~R¥ EXHIBIT "B" 29 RO.B. 29 ~' R 7 FREEWAY S P. ~' /A L LINE L? r-