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HomeMy WebLinkAboutRES NO 113-94RESOLUTION NO. I 1.3 ' 9 4 A RESOLUTION MAKING FINDINGS THAT NO WRITTEN PROTEST HAS BEEN FILED AND ORDERING THE TERRITORY DESIGNATED AS PROCEEDING NO. 1156, ANNEXATION NO. 374, HAGEMAN NO. 1, ANNEXED TO THE CITY OF BAKERSFIELD AND INCLUDED IN THE GREATER BAKERSFIELD SEPARATION OF GRADE DISTRICT ('WARD 4). WHEREAS, Resolution of Application No. 37-93, dated MARCH 24, 1993, 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. 1156, Annexation No. 374 (Hageman NoA), 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 May 24, 1994; and WHEREAS, following said public hearing the Commission, on May 24, 1994, adopted its Resolution Making Determination, being Resolution No. 94-13, recorded in Minute Book 41 of said Commission; and WHEREAS, on June I, 1994, the City Clerk of the City of Bakersfield set WEDNESDAY, JULY 13, 1994, 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 June 1, 1994, the Council of the City of Bakersfield adopted its Resolution No. 74-94 specifying that unless excluded by the City Council, all portions of proposed Hageman No. 1 Annexation shall, upon annexation to the City of Bakersfield, be included within the Greater Bakersfield Separation of Grade District, and setting WEDNESDAY, JULY 13, 1994, 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 July 13, 1994, in all respects in accordance with Resolution No. 74-94. 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. 1156, Annexation No. 374 (Hageman 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 Hageman No. 1, as described in Exhibit "A" and shown on the map marked Exhibit "B", attached hereto and incorporated as though fully set forth. 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. 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 JUL 1 ~ ~ by the following vote: AYES: COUNCILMEMBERS bI~t~E-RM~/Y, EDW.~ARDS, De ~M~'~D, SMITH, BRUNNI, ROWLES, SALVAGGIO NOES: COUNCILMEMBERS ASSTAIN: COUNCILMEMBERS ABSENT: COUNCILMEMBERS CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED Jill ! :t ~ MAYOR of the Cit~ of Bakersfield APPROVED as to form: JUDY SKOUSEN ACTING CITY ATTORNEY of the City of Bakersfield res\rsgd 1.h 1 June 9, 1994 4 EXHIBIT "A" HAGE~AN NO. 1 AI~REXATION NO. 374 A parcel of land being a portion Of the north 1/2 of Section 24, T. · 29 S., R. 26 E., and the Northwest 1/4 of Section 19, T.29S., R. 27 E., M.D.M., County of Kern, State of California, more particularly described as follows: Beginning at the point of intersection of the south line of the north 55 feet and the east line of the west 30 feet of sald Section 19, said point being on the east right of way line of Jewetta Avenue (Co. Rd. No. 366) and on the existing corporate boundary of the City of Bakersfield; T~CE (1) Departing from said corporate boundary line, South 00'15'29" East along said east right of way line, 484.45 feet to a point on the easterly prolongation of the southerly boundary line of Tract No. 4885 per maD recorded in Book 38, Pages 118, 119 and 120 of Maps in the office of the Kern County Recorder; THENCE (2) South 89'46'09" West, along said prolongation line and Tract boundary line, 1810.41 feet to a point on the west right of way line of Suzy Street (60 ft. roadway width); THENCE (3) South 00'19'50" East, along said right of way line, 484.76 feet to a point on the most southerly boundary line of said Tract No. 4885; THENCE (4) South 89'46'00" West, along said boundary line and westerly prolongation thereof, 897.44 feet to a point on the west right of way line of Old Farm Road (90 ft. roadway width); TH~I~CE (5) North 00'20'04" West, along said right of way line, 943.95 feet to a point on the south right of way line of Hagennan Road, (belng on the south line of the north 55 feet of said Section 24), also being a point on the existing corporate boundary of the City of Bakersfield; THENCE (6) Easterly along said corporate boundary line to the point of beginning. Containing 38.53 Acres (more or less) 0:3893 T. 29 S., R. 26 E., MDB 8~ M. P. O. B. I0 (I) -% ' EXHIBIT "B" ~ ~'FF 2!