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HomeMy WebLinkAboutRES NO 128-99RESOLUTION NO. J 28' 9 9 A RESOLUTION MAKING FINDINGS THAT THERE IS 100 PERCENT PROPERTY OWNER CONSENT FOR ANNEXATION AND ORDERING THE TERRITORY DESIGNATED AS PROCEEDING NO. 1259, ANNEXATION NO. 402, ANNEXED TO THE CITY OF BAKERSFIELD (WARD 4). WHEREAS, Resolution of Application No. 12-99, dated February 10, 1999, was submitted to the Local Agency Formation Commission of Kern County ("Comrrdssion") for the annexation of territory to the City of Bakersfield designated as Proceeding No. 1259, Annexation No. 402, the exterior boundaries of which are described in Exhibit "A", and shown on the map marked Exhibit "B", attached hereto and incorporated herein by this reference; and WHEREAS, a duly noticed public hearing upon said proposal was held before the Commission on July 26, 1999; and WHEREAS, following said public hearing the Commission, on July 26, 1999, adopted its Resolution Making Determination, being Resolution No. 99-10, recorded in Minute Book 46 of said Commission said Resolution; and WHEREAS, the City Clerk of the City of Bakersfield set WEDNESDAY, August 25,1999, at the hour of 7:00 P.M. (or as soon thereafter as the matter may be I~eard) in the Council Chambers of the City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time, date and place that the City Council shall consider adoption of this Resolution ordering the annexation of territory designated as Annexation No. 402; and WHEREAS, the laws and regulations relating to the preparation and adoption of Negative Declaration as set forth in accordance with CEQA has been duly followed; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. In accordance with Sections 56837 and 57002 of the Government Code, the Commission has authorized that the Annexation No. 402 may be approved by the City without notice, hearing and election. 2. That the said territory designated as Proceeding No. 1259, Annexation No. 402, as 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 Reorganization 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 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. ......... 000 ........ I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the C. it.y..o~ I~a, IA~,r~field at a regular meeting thereof held on AUL~ ~ a J~u , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNCILMEMBER ~ o N~ COUNCILMEMBER NON~ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield AUG 2 5 i995~ APPROVED MAYOR of the City of Bakersfield APPROVED AS TO FORM: BART J. THILTGEN City Attorney By: ~- CARL HERNANDEZ Assistant City Attorney MO:pit S:\annex-402.wpd oRiGINAL EXHIBIT "A" ~ BRIMHALL NO. 5 ANNEXATION NO. 402 A parcel of land being a portion of Section 30 Township 29 South, Range 27 East, MD.M, County of Kern, State of California, more particularly described as follows: Commencing at the West 1/4 corner of said Section 30, said corner being marked "Kern County Surveyors Concrete Monument in Lamphole" and designated by computed conversion to be 2,325,115. 1154 feet North and 6,225,418. 0696 feet East per California Coordinate System (C.C.S., 83), Zone 5; Thence South 89° 10' 52" East, along the East,/West mid-section line of :said Section 30, a distance of 30.00 feet to a point on the East right of way line of Jewetta Avenue (Co. Rd. No. 589), said point also 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, South 89° 10' 52" lEast, along said mid-section line, 634.47 feet to meet the East line of the Northwest 1/4 of the Northwest 114 of the Southwest 1/4 of said Section 30, also being a point on the existing corporate boundary of the City of Bakersfield; Thence (2) South 00° 49' 57" West, along said East line (and corporate boundary), 120.00 feet to meet the South line of the North 120 feet of said section segment; Thence (3) departing from said corporate boundary, North 89° 10' 52" West, along said South line, 634.41 feet to a point on the East right of way line of Jewetta Avenue (Co. Rd. No.589) also being a point on the existing corporate boundary of the City of Bakersfield; Thence (4) North 00° 48' 21" East, 120.00 feet, along said corporate boundary line, to the TRUE POINT OF BEGINNING. Containing 1.75 acres G:~GROUPDAT~Ron~Annexat~on 402 ExI~-A BnmhalLw13d PROPOSED ANNEXATION NO. 402 VICINITY MAP R-$ R-S R-$ R-S R-S R-S 5A R-$ C-2 E R-S (4) ~--- R O.B. (3) SEC..~0 I. 29 S, -- '~' '.' '~ M.D.M.i ~,.~ BIRCHHAVEN - -: AVF.~- VICINITY MAP IIMHALL '-RO[D I , ANNEXATION OF I J BRIMHALL No. 5 TRACT §827- A ; I EXHIBIT