HomeMy WebLinkAboutRES NO 131-94RESOLUTION NO. I 8 1 ' 9 4
A RESOLUTION MAKING FINDINGS THAT NO
WRITYEN PROTEST HAS BEEN FILED AND ORDERING
THE TERRITORY DESIGNATED AS PROCEEDING NO.
1159, ANNEXATION NO. 379, BRIMHALL NO. 3
ANNEXATION, ANNEXED TO THE CITY OF
BAKERSFIELD AND INCLUDED IN THE GREATER
BAKERSFIELD SEPARATION OF GRADE DISTRICT
(WARD 4).
WHEREAS, Resolution of Application No. 130-93, dated July 28, 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. 1159, Annexation No. 379 (Brimhall No. 3), 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 June 28, 1994; and
WHEREAS, following said public hearing the Commission, on June 28,
1994, adopted its Resolution Making Determination, being Resolution No. 94-15,
recorded in Minute Book 41 of said Commission; and
WHEREAS, on July 13, 1994, the City Clerk of the City of Bakersfield set
WEDNESDAY, AUGUST 10, 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 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
WHEREAS, on July 13, 1994, the Council of the City of Bakersfield
adopted its Resolution No. 111-94 specifying that unless excluded by the City Council, all
portions of proposed Brimhall No. 3 Annexation shall, upon annexation to the City of
Bakersfield, be included within the Greater Bakersfield Separation of Grade District,
and setting WEDNESDAY, AUGUST 10, 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 August 10, 1994, in all respects in accordance
with Resolution No. 111-94.
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. (Uninhabited)
2. That the said territory designated as Proceeding No. 1159, Annexation
No. 379 (Brimhall No. 3), 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 Brimhall No. 3 Annexation, as described in Exhibit "A" and shown
on the map marked Exhibit "B", attached hereto and incorporated as though fully set
forth.
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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.
......... 000 ........
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I HEREBY CERTIFY that the foregoing Resolution was passed and
adopted by the Co9ngi][ of the City of Bakersfield at a regular meeting thereof held on
A~6 ~ o ~ , by the following vote:
AYES: COONCILMEMBER. S. McOERMO'Ff, EDWARDS, De~MOND, SMITH, BRUNNI, ROWLES, SALVA(IGIO
NOES: COUNCILMEM~c.R!~ ( ~ ( ~.~._ .
,,t~NT: COUNCILMEMbERS ' V"~('~v~ ~-~ ' '
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED AUB 1 0 1~
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY SKOUSEN
CITY ATTORNEY
BY:
· MARINO
Assistant City Attorney
MO:pjt
July 15, 1994
res\rsgd.b3
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EXHIBIT "A"
BRIMHALL NO. 3
ANNEXATION NO. 379
A parcel of land being a portion of the Southwest quarter of the Southwest quarter of
Section 30, Township 29 South, Range 27 East, M.D.M., County of Kern, State of
California, more particularly described as follows:
Beginning at the Northeast comer of the Southwest quarter of the
Southwest quarter of said Section 30 according to the official plat thereof,
said comer also being a point on the existing corporate boundary of the
City of Bake~$tield;
THENCE (1) departing from said corporate boundary, South 00°52'03"
West aJong the East line of said quarter-quarter section, a distance of
542.93 feet (+/-) to an angle point on the existing corporate boundary of
the City of Bakersfield;
THENCE (2) Southerly, Westerly, Northerly and Easterly aiong said existing
corporate boundary to the Point of Beginning.
Containing 21.08 acres (more or less)
07/09/93
[2) '
'~ r_-- S.W. Cor, See. 30 ~
ANNEXATION NO, 379 RESOLUTION NO,
ANNEXATION OF
BRIMHALL No. :5
TO THE CITY OF BAKERSFIELD
21,08 -* ACRES
SCALE:
200 0 200 400 600
N ,.xxxxxx- EXISTING CORPORATE BOUNDARY
i m PROPOSED ANNEXATION BOUNDARY
EXHIBIT "B"
oAL-_.o '¥JAP .,OF L.-iND$
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