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Home My WebLink AboutRES NO 127-93RESOLUTION NO. i~- 2 .?i 7 .9 ~ A RESOLUTION MAKING FINDINGS THAT NO WRITTEN PROTEST HAS BEEN FILED AND ORDERING THE TERRITORY DESIGNATED AS PROCEEDING NO. 1133, ANNEXATION NO. 372, RENFRO 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. 23-93, dated February 3, 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. 1133, Annexation No. 372 (Renfro 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 July 13, 1993; and WHEREAS, following said public hearing the Commission, on July 13, 1993, adopted its Resolution Making Determination, being Resolution No. 93-10, recorded in Minute Book 40 of said Commission; and WHEREAS, on June 23, 1993, the City Clerk of the City of Bakersfield set WEDNESDAY, JULY 28, 1993, 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 23, 1993, the Council of the City of Bakersfield adopted its Resolution No. 98-93 specifying that unless excluded by the City Council, all portions of proposed Renfro No. 3 Annexation shall, upon annexation to the City of Bakersfield, be included within the Greater Bakersfield Separation of Grade District, and setting WEDNESDAY, July 28, 1993, 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 28, 1993, in all respects in accordance with Resolution No. 98-93. 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. 1133, Annexation No. 372 (Renfro 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 Renfro 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. 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. 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. .......... o00 .......... ORIGINAL 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 ~L ~- ~ ~ by the following vote: AYES: COUNCILMEMBERS McDERMOTT, EIIIIIIllJll~_, DeMOND, ~MrrH, BRUNNI, ROWLES, SALVAGGIO NOES: COUNCILMEMBERS ,~BSTAIN: COUNCILMEMBERS /~J~'3 V3~ · . *,~SENT: COUNCILMEMBER~ CITY CLERK and Ex Officio Clerk of [he Council of the City of Bakersfield APPROVED BOB PRI~/~/~/~ MAYOR of the City of Bakersfield APPgOVED as to form: IAWRENCE M. LUNARDINI CITY ATYORNEY of the City of Bakersfield MO/pjt res~rsgdl.r3 July 14, 1993 4 ORIGINAL EXHIBIT "A" RP/~'KO NO. 3 ANNEXATION NO. 372 A parcel of land situated in Section _4, ~ ~ c B. 26E. and Section 3, T. 30 S., R. 26E., M.D.M., County of Kern, State of California, more particularly described as fcilows: Commencing at the east 1/4 corner of said Section 3 according tc the official plat thereof; THENCE North 89'00'30" West along the east/west mid-section line of said Section 3, a distance of 1311.55 feet to a point on the existing corporate boundary of the City of Bakersfield, also being the TRUE POINT OF BEGINNING; THENCE (1) Departing from said corporate bounda~f line, North 00'55'22" East and Darai!ei with the east line of the northeast 1/4 of said Section 3, a distance of 2615.49 feen to a point on the south line of the north 30 feet of said 1/4 section; THENCE (2) North 89'29'48" West along said south line !also being the south right of way line of Stockdale Highway), 13.23 feet to a point on the southerly prolongation of the west line of Parcel "B" of Parcel Map Waiver No. 741 filed in Book 5885, Page 914, Official Records in the office of the Kern County Recorder; THENCE (3) North 00'25'26" East, along said west line, $5.C~ feet to a point on the north line of the south 55 feet of said Sec5ion 34 (also being the north line of the 55 foot wide "Irrevocable Offer of Dedication filed in Book 5791, Page 1026, Official Records, in the office of the Kern Coun5y Recorder/; THENCE (4) South 89'29'48" Easn, along said north ilne, 1270.13 feet to a point on the west line of the east 55 feet of said Section 34, said point also being on the existing corporate boundary of the City of Bakersfield; THENCE (5) southerly and wesner!v 5iong said ccr~craue bounda~; %c 7he POINT OF BEGInnING. Conuaining ~o =a ~= ~ ~= 3r !ess} (5) RO.B. '~. - 29 35 >,,,J D ~"/J ORIGINAL EXISTING CORPORATE BOUNOARY PROI~:)SED ANNEXATION BOUNOARY EXHIBIT "B" "~/~,- ANNEXATION OF RENFRO No. 3 TO THE CITY OF BAKERSFIELD 79.59 · *C.ES