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.
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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
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
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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!